THE REPUBLIC v. EUGENE BAFFOE-BONNIE & 4 OTHERS

SUURBAAREH, JA

This is an appeal from the ruling of the High Court, Accra, dated 23rd May 2019, wherein the 3rd Accused/Appellant, was called upon to open his defence in respect of the charges of Conspiracy to steal, under sections 23(1) and 124(1) of the Criminal Offences Act 1960 (Act 29) as well as Money Laundering under section 1(1)(c) of the Anti-Money Laundering Act 2007, Act 749. The facts giving rise to the instant appeal are not in any dispute.

The 3rd Accused/Appellant, simply called the appellant, was charged alongside four other accused persons, for various offences, following investigations conducted into how an amount of Four Million United States Dollars (US$4, 000, 000. 00) was used to purchase some cyber equipment allegedly for the National Security Council Secretariat, from the account of National Communications Authority, without any authorization, and also without going through the necessary procurement processes.

The prosecution who alleged that the 1st, 2nd, 3rd Accused/Appellant, and the 4th accused took the decision to purchase the cyber surveillance equipment in 2015 without authorization, went on to allege that, in furtherance of this decision, the 4 accused persons, including the appellant, after getting the money released, transferred same to a Company called Infraloks Development Limited, with the 5th accused as director.

The facts further show that, One Million United States Dollars (US$1, 000, 000. 00), was transferred to NSO Group Technologist Ltd. , an Isreali Company, that had been selected to supply the equipment.

The prosecution further alleged that investigations revealed that the remaining three million United States Dollars (US$3, 000, 000. 00) was shared among the accused persons including the Appellant.

Based on the above facts, the prosecution charged all the accused persons, including the Appellant, in counts 1, 2 and 3, with the offences of Conspiracy to wilfully cause financial loss to the state contrary to section 23(1)and 179(3)(a); wilfully causing financial loss to the state under section 179A(3)(a); and Conspiracy to steal, under section 23(1) and 124(1) of the Criminal and Other Offences Act 1960 (Act 29). The 5th Accused person, George Derek Oppong, and Director of Infraloks Development Ltd. , alone was charged in count four, with the offence of stealing the sum of Four Million United States Dollars(US$4, 000, 000. 00). Under counts 5 to 9, the five accused persons are charged variously for using pu