The Attorney-General has announced plans to challenge the Court of Appeal’s decision acquitting and discharging former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe Attionu, by filing an appeal at the Supreme Court.
In a statement issued on Thursday, the Attorney-General said he had directed the Director of Public Prosecutions to immediately file a notice of appeal to the Supreme Court, together with an application for a stay of execution of the Court of Appeal’s judgment pending the determination of the appeal.
According to the Attorney-General, the Republic had opposed Ms. Tamakloe’s appeal through written submissions, contending that it lacked merit and ought to be dismissed. The Office maintained that it remains committed to due process and is confident that the appeal before the Supreme Court will succeed.
Under Rule 31(1) of the Supreme Court Rules, 1996 (C.I. 16), the Republic has one month from the date of the decision of the Court of Appeal to give notice of an application for leave to appeal in a criminal matter.
Background
The Attorney-General’s decision follows a unanimous ruling by a three-member panel of the Court of Appeal, Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe and Samuel Obeng-Diawuo, which overturned Ms. Tamakloe’s conviction and 10-year custodial sentence, acquitting and discharging her of all charges.
In delivering its decision on Thursday, the appellate court held that the prosecution failed to prove its case beyond reasonable doubt. It also criticised the approach adopted by the trial court, stating that the learned trial judge had lost sight of the constitutional principle that every accused person is presumed innocent until proven guilty. The court further observed that the prosecution’s evidence fell short of the legal standard required to sustain the convictions.
The Court of Appeal indicated that its detailed reasons are contained in a 94-page judgment, which is expected to be made available by the close of business on Thursday.
Ms. Tamakloe was convicted by the High Court in April 2024 after a trial that began on January 30, 2019. She was sentenced to 10 years’ imprisonment after being found guilty on 78 counts, including conspiracy to steal, stealing, conspiracy to cause financial loss to the state, causing financial loss to the state, causing loss to public property, improper payment of public funds, unauthorised commitments resulting in financial obligations to the Government, money laundering and breaches of the Public Procurement Act.
The prosecution, relying largely on investigations by the Economic and Organised Crime Office (EOCO) and a forensic audit report, alleged that Ms. Tamakloe misappropriated public funds through various MASLOC programmes, including the alleged diversion of a GH¢500,000 loan intended for Obaatanpa Microfinance, funds earmarked for MASLOC sensitisation programmes, relief funds meant for victims of the Kantamanto Market fire, and the inflated procurement of vehicles and mobile phones.
