Trial of 4 former NCA bosses begins

The trial of a former Director-General and three former board members of the National Communications Authority (NCA) and a businessman accused of causing $4 million financial loss to the state will start on January 16, 2018.

The former Director-General, William Matthew Tetteh Tevie, and the former board members — Eugene Baffoe-Bonnie,  Nana Owusu Ensaw and Alhaji Salifu Mimina Osman — and the businessman, George Derek Oppong, have been accused of playing various roles leading to the loss of $4 million to the state.

The accused persons have been charged with diverse counts of wilfully causing financial loss of $4 million to the state.

Tevie, Baffoe-Bonnie, Nana Ensaw, Alhaji Osman and Oppong have been accused of engaging in infractions in the procurement of listening devices for the state.

The five are facing four counts of conspiracy to wilfully cause financial loss to the state, wilfully causing financial loss to the state and conspiracy to steal.

They have been accused of acting jointly to misapply $4 million belonging to the state.

Hearing

At the court’s hearing in Accra on Tuesday, counsel for Tevie, Mr Agbesi Kwadwo Dzakpasu, prayed the court to order the Attorney-General to furnish the defence with the documents it intended to rely on.

The court obliged and, accordingly, directed the prosecution to supply the defence team with documents it intended to rely on in the case.

There was disagreement between the parties on the dates the case was to be heard.

The trial judge suggested a daily hearing of the case to expedite the trial, but Mr Dzakpasu said it would be medically impossible for his client to be in court every day.

But the trial judge noted that the medical report submitted by Tevie and Ensaw were not binding on the court.

For his part, counsel for Oppong, Mr Sarfo Buabeng, indicated that it was impossible to report to court daily because he had other engagements.

The Attorney-General, Ms Gloria Akuffo, said health issues could arise anytime.

She further urged the lawyers to endeavour to be in court and said lawyers who could not make it to court could write to the court officially on why they could not make it to court.

Charges

Oppong faces an additional count of dishonestly appropriating $3 million, while Tevie has been charged with an additional count of using public office to profit from $150,000.

Nana Ensaw faces an additional count of using public office to profit from $550,000, with Osman facing a count of using public office to profit from $70,000.

Oppong faces a charge of using public office to gain from $2 million, while Baffoe-Bonnie, Tevie and Osman have been charged with contravention of the Public Procurement Act, 2003 (Act 662).

Baffoe-Bonnie, Tevie and Osman are facing an additional count of laundering $200,000.

Tevie faces an additional count of laundering $150,000, while Nana Ensaw and Osman have been charged with one count each of laundering $550,000 and $70,000, respectively.

Oppong has also been charged with two counts of laundering $3 million, while Baffoe-Bonnie, Tevie, Nana Ensaw and Osman have been charged with one count of intentionally misapplying $4 million.

Prosecution

Ms  Akuffo, read the facts related to the case.

Baffoe-Bonnie, Oppong and Osman pleaded not guilty to the charges on December 22, 2017.

Tevie and Ensaw, who were absent in court on December 22, 2017, pleaded not guilty to the charges at the court’s sitting on Tuesday.

Bail

The court, presided over by Mr Justice Eric Kyei-Baffour, had granted each of the accused persons $1 million bail, with three sureties. 

It directed the accused persons to surrender their passports to the registrar of the court.

Facts of the case

According to the facts of the case, Baffoe-Bonnie, Tevie and Osman, a former Deputy National Security Coordinator, were allegedly aided by a private citizen, Oppong, to engage in the act.

According to the state, the previous administration had contracted an Israeli company, NSO Group Technology Limited, to supply a listening equipment at a cost of $6 million to enable the authorities to monitor conversations of persons suspected to be engaged in terror activities.

A local agent, Infraloks Development Limited, charged $2 million to facilitate the transaction, bringing the total sum to $8 million.

The facts said the National Security did not have the money to fund the transaction and for that reason the NCA, which had supervisory jurisdiction over the use of such equipment, was asked to fund the project.

It said $4 million was withdrawn from the account of the NCA, while $1 million out of the withdrawn amount was deposited into the account of the Israeli company.

According to the state, the remaining $3 million was lodged in the account of Oppong, who acted as a representative of the local agents, Infraloks Development Ltd.

According to the state, Osman allegedly fronted for the entire deal.

The accused persons later laundered the amount for their private benefit.