Supreme Court Rules Against Attorney-General

The Supreme Court (SC) on Thursday by a four to one majority decision, granted leave for Frank Bo Amissah of Accra to withdraw a writ he brought before it that sought to challenge the constitutionality of the charge "causing financial loss to the State".

The five-member panel presided over by Mrs Justice Joyce Bamford Addo, awarded a cost of ?15 million against the Amissah. Amissah had filed the writ, challenging the constitutionality of the charge; "causing financial loss to state" in the Quality Grain Trial involving two former Ministers of State and three former government officials at an Accra Fast Track High Court.

The majority said it took into consideration, that if the matter before the SC was not determined, it could halt other pending cases in the High Courts, which have similar charges preferred against accused persons.

It also noted that the writ was a determining factor in the Quality Grains trial at the Fast Track Court and that the SC's decision would determine if the trial should be continued of otherwise.

The Majority noted that the plaintiff had once accused the Registrar of the SC, for delaying to hear the writ filed sometime last year. The Minority stated that the Plaintiff needed to be offered the opportunity to argue his case and, therefore, the writ should not be struck off.

Those who ruled in favour of the Plaintiff to discontinue the case were: Mrs Justice Addo; Justice S.A. Brobbey; Mrs Justice Georgina T. Wood and Mr Justice S.G. Baddoo while Dr Justice Seth Twum, dissented.

The accused persons in the Quality Grains Company case, have been charged with conspiracy and causing financial loss of 20 million dollars to the state in a rice project at Aveyime in the Volta Region. They have denied the charges.

The accused persons are: Ibrahim Adam, former Minister of Food and Agriculture; Samuel Dapaah, former Chief Director of the Ministry of Food and Agriculture; and Kwame Peprah, former Minister of Finance.

The others are George Yankey, a former Director of Legal Sector, Private and Financial Institutions of the Ministry of Finance and Ato Dadzie, former Chief of Staff.

In a brief submission, Nana Adjei Ampofo, Counsel for the plaintiff said his client sought to do a noble duty by questioning the basis of the constitutionality of the charges preferred against the accused persons.

However, he received instructions from his client to discontinue the case, for personal reasons, he said. He said if the Plaintiff had explained the reasons for discontinuing the case, he might have elicited the sympathy of the court.

He prayed the court not to exercise its discretional powers arbitrary when awarding cost against them and, therefore, suggested ?1 million cost. Earlier in a motion, the plaintiff stated that the legality of the Quality Grains charges was unconstitutional and should, therefore, not be entertained by the FTC trying the five former public officials during the National Democratic Congress (NDC) Administration.

The Prosecution team comprised Ms Gloria Akuffo, Deputy Attorney-General and Minister of Justice (Leading), Osafo Sampong, Director of Public Prosecutions (DPP) and Mr Augustine Obuor, Assistant State Attorney.