Asamoah-Boateng's Case Should Go On - Appeal Court

The Court of Appeal on Thursday declined to stay proceedings in a criminal matter brought against a former Minister of Information and National Orientation, Mr. Stephen Asamoah-Boateng and seven others over the award of contract for renovation works at the ministry. Counsel for two of the accused persons, Mr. Augustines Obour, filed an application for stay of proceedings pending the outcome of an appeal he filed against the Fast Track High Court�s ruling that the law mandated Chief State Attorneys to retire at age 65. However, in a unanimous decision at the court�s sitting in Accra today, the court declined to stay proceedings but deferred its reasons for refusing the application to October 18, 2012. The court was presided over by Mr Justice Yaw Appau with Mr Justice Victor Ofoe and Mr Justice Senyo Dzamefe as panel members. Asamoah-Boateng, his wife, Zuleika and seven others have been charged with conspiracy to defraud the State. Other accused persons are Kofi Asamoah-Boateng, former Director of Finance, Ministry of Information and National Orientation, Frank Agyekum, a Former Deputy Minister of Information and National Orientation, Dominic A. Y. Sampong and Former Acting Chief Director, Ministry of Information and National Orientation. The rest are Kwabena Denkyira, a Deputy Director of Finance and Administration of the Ministry, Prosper Arku of Supreme Procurement Agencies Limited and Yasmine Domua, a businesswoman. Also in court is Supreme Procurement Agencies Limited, an entity. The accused persons are alleged to have conspired to defraud the State of GHC86,915.85 in renovation works undertaken at the Ministerial Block of the Ministry during Asamoah-Boateng�s tenure in office. They have all pleaded not guilty and had been admitted to GHC10,000 bail each with a surety. Mr. Obour, who is the lawyer for Kofi Asamoah-Boateng and Sampong, had argued that the then prosecutor in the case, Mr. Anthony Gyambiby had no locus to continue prosecuting the case because he had attained the compulsory retirement age of 60 and for that reason, had no authorization to continue with the case. However, the Accra Fast Track High Court on April 30, 2012 dismissed the application and said the Legal Service Act pegged the retirement age of Chief State Attorneys at 65.