The Accra Fast Track High Court hearing the case of Stephen Asamoah Boateng former Minister of Information and National Orientation and six others on Wednesday adjourned the matter to May 29.
This follows the failure of the prosecution to respond to a motion of notice challenging the capacity of the Chief State Attorney, Mr Anthony Gyambiby, who had attained the retirement age of 60 from prosecuting the case.
Mr. Augustine Obour, one of the defence counsels prayed the court to adjourn the matter to enable Mr Gyambiby respond to the notice to ensure fair trial, saying: “ It is in the interest of justice that the case be adjourned.”
He said Mr. Gyambiby had been nominated as Deputy Attorney General and therefore, only fair that the case be adjourned.
“We have filed an appeal challenging his capacity as the State Attorney because he retired at 60."
This assertion received a sharp response from Mr. Gyambiby who retorted "I have come to court today because of the court's ruling that I can continue with the case".
“If I have been nominated as a Deputy Attorney General, I can as well come to court and prosecute cases.”
However, Mr. Rexford Wiredu, Principal State Attorney, told the court that the Attorney General's Department had not been served with any stay of proceedings or notice of appeal.
“It must be served with an appropriate procedure therefore, we do not know of any appeal or stay of proceedings.”
“In any way, we are not objecting to the grounds of adjournment because we are not ready to go on today, I was only going to asked for adjournment.”
After these arguments, the court presided over by Mr. Justice Charles Quist adjourned the case to May 29.
Asamoah-Boateng, his wife Zulieka Jennifer Lorwia and six other public officers are being held over the renovation undertaken at the Ministry and have been charged with conspiracy to defraud the State.
Also in court is a non-legal entity, Supreme Procurement Agencies Limited.
The accused persons were alleged to have conspired to defraud the State of GH¢86,915.85 in renovation works undertaken at the Ministerial Block of the Ministry during Asamoah-Boateng’s tenure of office.
Other accused persons are Frank Agyekum, Former Deputy Minister of Information and National Orientation, Dominic A. Sampong, Former Acting Chief Director, Ministry of Information and National Orientation, Kwabena Denkyira, Former Director of Finance and Administration of the Ministry, Prosper Arku of the non-legal entity firm, and Yasmine Domua, a businesswoman.
They have all pleaded not guilty and admitted to GH¢10,000 bail each with a surety.**
