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After more than two years of trial, the former Accra Supreme Court yesterday sentenced a total of 16 years to three former appointees from the immediate previous administration of the Democratic National Congress (NDC) for causing a $ 3 million financial loss to the state. .
They were found guilty in the case involving the purchase of a $ 4 million cyber security surveillance kit, known as the Pegasus machine, for the Secretary of the National Security Council (NSCS), which was sponsored by the National Communications Authority. (NCA).
On the bench were Eugene Baffoe-Bonnie, former NCA Board Chairman, who was sentenced to six years in prison, and William Matthew Tetteh Tevie, former NCA Director General, and Alhaji Salifu Mimina Osman, a former national deputy. Security coordinator, who will serve five years in prison each.
Baffoe-Bonnie will serve more years in prison because the court held that he personally benefited from the deal in the amount of $ 200,000.
Garnishment
In addition to the custodial sentence, the court, presided over by judge Eric Kyei Baffour, judge of the Court of Appeal, with additional responsibility as a judge of the Superior Court, also ordered the state to seize the property of the three convicted persons for $ 3 millions to make up for the amount the state lost as a result of its actions.
The remaining $ 1 million of the $ 4 million has already been reimbursed to the state.
The case, which began in December 2017, was the first criminal prosecution by the Attorney General (A-G), Gloria Akuffo, against officials from the previous administration accused of corruption.
Scene in court
There was a strong security presence at court.
As Judge Kyei Baffour read the sentences, it was a scene of despair and shaking of heads by supporters and attorneys for the convicts.
As for the convicts, their heads were bowed in grim reflection as the court determined their fate.
Guilty
Baffoe-Bonnie, Tevie, and Osman were convicted of conspiracy to cause intentional financial losses to the state, causing intentional financial losses to the state, and in violation of the Public Procurement Act, 2003 (Act 663) and intentionally misapplying public property.
Baffoe-Bonnie was separately convicted of using a public charge for profit and money laundering due to the $ 200,000 that benefited from the settlement.
The court held that the prosecution successfully proved the guilt of the convicted.
“The prosecution proved the charges against the accused persons beyond a reasonable doubt to the standard required by law,” said Judge Kyei Baffour.
Cargo abuse
Before the judge pronounced the sentences, the convicts’ lawyers had prayed in court to moderate justice with mercy on the grounds that their clients were first-time offenders.
Tevie’s lawyer, Mr. Godwin Tameklo, made a passionate appeal to the court not to give his client a custodial sentence because of his poor health.
He said his client had a health condition that required expensive treatment, and therefore sending him to prison would amount to a death sentence.
“Following COVID-19, and with its underlying condition, a prison sentence will be a death sentence for my client,” he had declared in court.
Judge’s reaction
However, in sentencing, Judge Kyei Baffour said he took into consideration the fact that $ 3 million of public funds had been squandered and also the fact that those convicted were people in positions of trust.
He said that Ghanaians expected their taxes to be used wisely and not “to be scrapped by public officials stationed in positions of trust.”
“As people who held positions of trust, they completely failed to carry out their duties. In this circumstance, an exemplary and dissuasive punishment is necessary to send the correct signal to the holders of public services that if they are not good custodians of the state’s resources, the law will not set them free. ” .
Not guilty
However, a businessman, George Derek Oppong, who was also accused of acting with convicts to cause financial loss to the state, was acquitted and released by the court.
Oppong is the Managing Director of Inferlocks Development Limited (IDL), the local company that served as the liaison between NCA and NSO Group Limited, the Israeli company said it manufactured the cyber security surveillance equipment.
Judge Kyei Baffour maintained that it was the three public officials, and not the businessman, who were responsible for the damage done to the state in the purchase of the equipment.
According to the court, the evidence in the records showed that Oppong was a businessman who was engaged in what he perceived to be a legitimate business venture and therefore could not be criticized for the actions of the three public officials.
“I had no idea of the recklessness thrown into the bureaucratic practices and sound corporate procedures that the other three accused persons had undertaken,” he said.
A former NCA board member, Dr. Nana Owusu Ensaw, who was also accused of being part of the scandal, has already been acquitted and released after the Court of Appeals ruled that there was no substance to the charges. formulated against him.
NCA scandal
The NCA scandal of $ 4 million occurred in 2016.
The prosecution filed a case in which, hiding under the guise of perceived terrorist threats against the country, the three convicts decided to dissipate state funds by hatching a plan to purchase cyber security equipment that was supposed to be used to monitor and listen to calls. telephone. of suspected terrorists.
According to the prosecution, that agreement was spearheaded by Osman, who, in addition to being Deputy National Security Coordinator, was also a member of the NCA board.
As part of the settlement, the prosecution said, the plan was for the NSCS to request $ 8 million from the NCA for the purchase of the equipment, since the NSCS did not have that amount.
He said that through illegal actions by Baffoe-Bonnie and Tevie, the NCA provided $ 4 million to the NSCS, based on a fictitious request from the secretariat that was provided by Osman.
He said $ 4 million was withdrawn from the NCA account and $ 1 million deposited into the account of the Israeli company.
According to the state, the remaining $ 3 million was squandered by the three former public officials.
Court reasons
During the trial, the convicts and their attorneys argued that the $ 4 million was properly provided by the NCA, in accordance with the law, for the purchase of the equipment.
In addition, they stated that the amount was institutional support from the NCA to the NSCS, following a request from the NSCS.
According to the defense, the NSCS requested $ 8 million, but the NCA was able to provide $ 4 million.
No evidence
However, the court held that there was no recorded evidence showing that the $ 4 million was approved by the NCA Board, nor was there evidence that the NSCS, as an entity, was aware that such a request had been made to the NCA
Rather, he maintained that the agreement was orchestrated by the convicts and implemented without due process, with the state being the loser.
Once again, the court held that there was no indication that the cybersecurity equipment had been used for the benefit of the country, as the evidence showed that “it had been packed and forgotten in a private residence.”
In addition, he said that the purchase of the equipment violated the country’s public procurement laws.
Baffoe-Bonnie’s confession
An important piece of evidence on which the prosecution relied for his case was a confession statement given by Baffoe-Bonnie to the Office of National Investigations (BNI) during investigations into the scandal.
The former NCA Board President is said to have told BNI that the scandal was true and that he and the other accused persons had benefited from the settlement in the amount of $ 500,000.
He said he personally received $ 200,000.
The lawyers defend themselves
During the trial, his lawyers made a lot of efforts so that the court did not accept the confession as evidence.
They argued that Baffoe-Bonnie was coerced and was under duress when he made the confession.
However, in yesterday’s trial, Judge Kyei Baffour argued that the recorded evidence showed that Baffoe-Bonnie gave the confession of his own free will.
He argued that Baffoe-Bonnie led BNI with his lawyer and made the confession of his own free will.
It was this confession that led Baffoe-Bonnie to be found guilty of using his public office for profit.
However, the court rejected the claims it made in the confession that the other convicts also received part of the treatment.
“The confession of the first accused (Baffoe-Bonnie) is binding on him alone and not on the other accused persons,” said the presiding judge.
Source: Daily chart
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