The Attorney-General and Minister for Justice, Dr Dominic Ayine, has directed the Director of Public Prosecutions (DPP) to challenge the Court of Appeal’s decision acquitting former Microfinance and Small Loans Centre (MASLOC) CEO, Sedina Attionu Tamakloe.
The directive follows the unanimous decision of the Court of Appeal to overturn Ms Tamakloe’s conviction and 10-year prison sentence, after finding that the prosecution failed to prove its case beyond reasonable doubt.
At a press conference on Thursday, July 30, the Attorney-General said the DPP had been instructed to file a notice of appeal at the Supreme Court immediately, together with an application for a stay of execution of the Court of Appeal’s judgment pending the determination of the case.
“The Attorney-General has directed the Director of Public Prosecutions to immediately file a notice of appeal to the Supreme Court, together with an application for a stay of execution of the judgment pending the determination of the appeal,” the statement said.
The three-member panel of the Court of Appeal, comprising Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe and Samuel Obeng-Diawuo, held that the Republic had not established the charges against Ms Tamakloe to the required standard of proof.
The court also criticised aspects of the High Court trial, saying the trial judge had lost sight of the constitutional principle that an accused person is presumed innocent until proven guilty.
Despite acknowledging the appellate court’s ruling, the Attorney-General said the Republic remained dissatisfied with the outcome and intended to pursue the matter at the apex court.
“The Attorney-General remains committed to the due process of law and is confident that the appeal before the Supreme Court will succeed,” the statement added.
Ms Tamakloe was initially facing 78 charges, including conspiracy to steal, conspiracy to cause financial loss to the state, improper payment of public funds and unauthorised commitments resulting in financial obligations to the government. She was also charged with money laundering and breaches of the Public Procurement Act.
Ms Tamakloe was tried and convicted in absentia by the High Court (Financial Division 2), presided over by Justice Afia Serwaa Asare-Botwe, sitting as an additional High Court judge.
She was subsequently sentenced to 10 years in prison.
The Republic opposed her appeal at the Court of Appeal, arguing in its written submissions that the appeal lacked merit and ought to be dismissed.
The appellate court, however, disagreed with the prosecution and set aside the convictions, acquitting and discharging Ms Tamakloe of all the charges.
The Attorney-General’s decision to take the matter to the Supreme Court now means the case will move to another stage, with the prosecution seeking to overturn the Court of Appeal’s judgment.