Supreme Court Appalled Over Lackadaisical Approach By State Attorney To Prosecuting Cases

The Supreme Court has struck out an application filed by the State to nullify the conviction of former Managing Director of the National Investment Bank, Daniel Charles Gyimah by an Accra High Court. 

The court held that the law required the State to put in the application within 90 days, saying that had elapsed. 

In striking out the case, the court took a swipe at the State Attorney for the lack of seriousness attached to the case from the onset. 

The Accra High Court, presided over by Justice Charles Quist, convicted Mr Gyimah after finding him guilty of causing financial loss of $ 60 million to the State. 

Mr Gyimah was to serve 12 months in prison, if he defaulted in the payment of the fine. 

The Attorney-General’s Department filed the application at the Supreme Court to invoke its supervisory jurisdiction to nullify the conviction on the grounds that the trial court erred in law by not serving hearing notices on the parties before passing judgement. 

According to the State, it also found it unwarranted for the trial judge to fine Mr Gyimah GH¢ 500,000 for causing financial loss of $ 60 million to the State. 

In a related development, the Court has adjourned indefinitely to give, counsel for Mr Gyimah, Thaddeus Sory, ample time to also file an application to quash the conviction. 

According to the defence team, the court lacked jurisdiction to give judgement after it had adjourned the case to allow Mr Gyimah to file a submission of ‘no case’. 

Counsel further argued that until his client had filed the submission of ‘no case’, the court could not proceed to give judgement. 

It further submitted that the judgement was against rules of natural justice because Mr Gyimah had been denied the right to be heard.

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