Thompson freed, Afaglo negotiates with A-G over ‘fake’ certificate

The High Court in Accra has acquitted and discharged the former Director-General of SSNIT, Ernest Thompson, and two others who were accused of causing financial loss of $15.3m to the state.

Mr Thompson, a former IT Manager of SSNIT, John Hagan Mensah, and Peter Hayibor, Counsel for SSNIT, were freed  by Justice Henry Kwofie after the Attorney-General and Minister of Justice withdrew the charges against them.

The notice of withdrawal was filed under Section 29 of the Criminal and Other Offences (Procedure) Act, 1960 (ACT 30).

The relevant reference states that: “In any trial or preliminary proceedings before a District Court, a prosecutor, with the consent of the court, or on the instructions of the Attorney-General at any time before judgement is pronounced or an order of committal is made, may withdraw from the prosecution of a person generally or in respect of any one or more offences with which that person is charged”.

Flowing the withdrawal, Justice Kwofie acquitted the accused persons in line with Section 59 (2)(b) (ii) of Act 30 which states that after the case for the prosecution has been closed, the accused shall be acquitted in respect of the offence or offences

The notice of withdrawal excluded Caleb Kwaku Afaglo, a former Head of Management Information System (MIS), who is standing trial for allegedly securing a job at SSNIT with forged degrees.

Afaglo has pleaded not guilty to one count of defrauding by false pretence, three counts of possession of forged document and three counts of uttering forged document contrary to section 169 of the Criminal Offences Act 1960 (Act 29).

Plea bargaining

Counsel for Afaglo, George Bernard Shaw, informed the court that his client had commenced plea bargaining negotiations with the A-G.

Previously, counsel informed the court of a notice for leave to serve subpoena on Dr James Moss of Georgia Institute of Technology, School of Engineering, Dr Julian Malveaux, Bennet College, and Professor Derrick Lloyd.

However, when the case was called yesterday, Mr Shaw said his client encountered problems in obtaining witnesses statements from some of the witnesses.

As a result, he said, “We have advised our client to explore avenues open to him in the defence of this matter”.

Plea

Plea bargaining is a process in criminal justice where an accused person relinquishes the right to a full trial in exchange for some other benefit.

In consideration of a guilty plea, the accused person gets lesser charges, reduced number of offences or receives a lesser sentence.

The prosecution, led by Nana Ama Adinkra, a Senior State Attorney, confirmed that the prosecution had received from the counsel of the accused person, a letter stating their intent to enter into plea bargaining with the AG.

The court further adjourned the case to May 8, 2025.

Writer’s E-mail: justice.agbenorsi@graphic.com.gh