The Supreme Court has dismissed an appeal by the Republic challenging the acquittal of two men in a $270,000 gold export fraud case, while strongly criticising the conduct of a police investigator for displaying what it described as a real likelihood of bias during the investigation.

According to a report by graphic.com.gh on July 17, 2026, the apex court found that the investigator developed an unusually close relationship with the complainant, a foreign national, raising concerns about the objectivity of the prosecution.

A five-member panel, presided over by Chief Justice Paul Baffoe-Bonnie, unanimously dismissed the Republic's appeal against the acquittal of Kwame Amponsah and Christopher Obareke, who had been charged with conspiracy to defraud, defrauding by false pretence and money laundering.

Justice Kweku Tawiah Ackaah-Boafo delivered the lead judgment, with Justices Ernest Gaewu, Henry Kwofie and Hafisata Amaleboba concurring.

The court found that Detective Chief Inspector George Kingsley Adu, who later took over the investigation, had become notably close to the complainant, Roberto Maria Di Lorenzo.

Evidence before the court showed that the investigator accompanied Di Lorenzo to the airport when he departed Ghana in December and admitted during proceedings that "every potential caller is an ally."

The Supreme Court contrasted that conduct with the officer's treatment of the original investigator, Chief Inspector Adaba, whom he accused during cross-examination of assisting the accused persons and giving testimony that was "full of inaccuracies and untruth."

Justice Ackaah-Boafo held that the investigator's apparent closeness to the complainant, coupled with his hostility toward a fellow officer who had reached a different investigative conclusion, undermined the impartiality expected of criminal investigations.

The court stressed that prosecutors are "ministers of justice" whose primary duty is to pursue the truth rather than secure convictions.

"The duty of the Prosecution... is circumscribed by the overriding obligation to act fairly, to pursue the truth rather than a conviction, and to place before the Court all material evidence, whether such evidence strengthens or undermines the Prosecution's case," Justice Ackaah-Boafo stated.

He further emphasised that investigators and prosecutors must maintain their independence to safeguard the fairness of criminal proceedings.

"The prosecutor is not an advocate for conviction but a minister of justice whose role is to seek the truth and assist the Court in the administration of justice. This duty must always be borne in mind," he added.

Background to the case

The case stemmed from a 2015 gold transaction in which Italian businessman Roberto Maria Di Lorenzo alleged he was defrauded of more than $270,000 after being promised delivery of 200 kilograms of gold but receiving only two kilograms.

Kwame Amponsah and Christopher Obareke were prosecuted alongside five other suspects who remain at large.

In 2019, the High Court convicted the two men and sentenced them to 24 months' imprisonment with hard labour in addition to fines.

However, the Court of Appeal overturned the convictions in 2021 after the two had already served their prison terms.

Why the Supreme Court dismissed the appeal

In affirming the acquittal, the Supreme Court ruled that the prosecution's failure to produce the complainant as a witness significantly weakened its case.

The court held that prosecutors relied largely on hearsay evidence presented through an interpreter without demonstrating that the complainant was genuinely unavailable to testify.

It also found that the evidence linking the respondents to a conspiracy to defraud was largely circumstantial, leaving open the reasonable possibility that the principal perpetrators were among the five co-accused persons who remain at large.

Although the Supreme Court disagreed with the Court of Appeal's conclusion that the absence of the original investigator alone was enough to invalidate the prosecution's case, it held that the error did not affect the final outcome.

The Republic's appeal was therefore dismissed, affirming the acquittal of Amponsah and Obareke.