The Court of Appeal will today determine the fate of businessman Alfred Agbesi Woyome, whose acquittal by the High Court has been challenged by the state.
Woyome was, on March 12, 2015, acquitted and discharged by the High Court, presided over by Mr Justice John Ajet-Nasam, on two counts of defrauding by false pretence and causing financial loss to the state.
But the state filed a notice of appeal a day after his acquittal on the grounds that the trial judge erred in law in freeing the businessman.
The state wants the judgement acquitting Woyome to be set aside.
However, lawyers for Woyome are of the view that the businessman’s acquittal was in order.
The court communicated the date for the delivery of its decision at its sitting in Accra yesterday.
Background
While the state has called on the court to quash the High Court judgement which freed Woyome of any wrongdoing in the GH¢51.2 million fraud case, the defence team is praying the court to dismiss the state’s appeal.
A 72-page submission filed by the state asked the Court of Appeal to curtail Woyome’s freedom and imprison him accordingly on the grounds that the trial judge erred in law when he failed to take the state’s evidence into account.
But the defence team holds the view that the state failed to concretely justify why the March 12, 2015 judgement should be overturned.
State’s position
According to the state, Mr Justice Ajet-Nasam, who has been named in the Anas judicial scandal, erred in law when he said the prosecution failed woefully to establish a prima facie case against Woyome when the judge had, during the trial, established a prima facie case against Woyome and called on him to open his defence.
However, lawyers for Woyome hold a different view in their written address and believe he was rightly acquitted.
The Supreme Court recently dismissed Woyome’s request to pay back the GH¢51.2 million in instalments over three years.
He has also served notice to challenge the Supreme Court’s order to him to pay up the money at the International Court of Justice.
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