REPUBLIC v. ERNEST THOMPSON & OTHERS
2020
COURT OF APPEAL
GHANA
CORAM
- V. D OFOE, JA (PRESIDING)
- G. S. SUURBAAREH, JA
- Y. DARKO ASARE, JA
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2020
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Ernest Thompson, former Director-General of SSNIT, and four others were charged on 29 counts tied to SSNIT’s Operational Business Suite and related procurement, including causing financial loss, procurement breaches, defrauding by false pretences, and forgery. Thompson applied in the High Court for further and better particulars, asserting Article 19(2)(d) entitled him to detailed information to prepare his defence; the High Court refused, relying on Ali Yusuf Issa. On appeal, the Court of Appeal majority (Ofoe, JA; Suurbaareh, JA concurring) reconciled Article 19(2)(d) with section 112 of Act 30 and emphasized the distinct roles of statements and particulars of offence. Given multiple transactions and apparent inconsistencies in amounts, they held several counts lacked sufficient particulars and directed amendments, expressly noting that pretrial disclosures cannot replace adequate charge particulars. Yaw Darko Asare, JA dissented, finding the particulars adequate under Issa and would have dismissed the appeal.
OFOE, JA
The appellant and four others are before the High Court on 29 counts of various offences. He contends that some of the charges failed to provide detailed particulars of the offences that he will need for his defence and when he sought the intervention of the High Court to remedy the omission the High Court refused. He is aggrieved by the refusal and has appealed to this court to redress the alleged wrong committed by the trial High Court. He insists that he needed these particulars to enable him adequately defend the charges.
What are the offences for which he stands charged before the High Court? For a clearer appreciation of the opinion we are about to deliver, we will quote them in extenso.
COUNT ONE
Statement of Offence
Conspiracy to commit crime namely, Wilfully Causing Financial Loss to the State contrary to sections 23(1) and 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).
Particulars of Offence
Count Two
Statement of Offence
Wilfully Causing Financial Loss to the State contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).
Particulars of Offence
Count Three
Statement of Offence
Conspiracy to commit crime namely, Wilfully Causing Financial Loss to the State contrary to sections 23(1) and 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).
Particulars of Offence
Count Four
Statement of Offence
Wilfully Causing Financial Loss to the State contrary to section 179A (3) (a) of the Criminal Offences Act, 1960 (Act 29).
Particulars of Offence
Count Five
Statement of Offence
Conspiracy to commit crime namely, Wilfully Causing Fin