Mallam's Counsel files appeal and motion to stay proceedings

Defense Counsel for Mallam Ali Yusuf Isa, ex-Minister of Youth and Sports has filed an interlocutory appeal against the ruling of the Fast Track High Court that overruled his submission of no case against his client.

Mr. Ambrose Dery said he has also filed a motion for stay of proceedings. He told the court that he took the action because he was not happy with its ruling on his submission of no case against his client.

Mallam Isa is charged with stealing 46,000 dollars and fraudulently causing financial loss to the state. The money was meant as winning bonus for the Black Stars and imprest during a World Cup qualifying match in Sudan last February.

Mallam Isa has denied the charges and has been admitted to a 500 million-cedi bail with a surety to be justified. As part of the bail conditions, the court ordered the accused person to deposit the title deed of a landed property with the registry of the court and report to the head of the CID every Mondays, Wednesdays and Fridays.

Mr. Dery last week submitted to the court that the prosecution had failed to adduce any evidence against his client and therefore asked the court to discharge his client.

However, the court presided over by Mr. Justice Julius Ansah, an Appeal Court Judge sitting with additional responsibility as a High Court Judge, dismissed the submission saying after studying the charge sheet and the facts presented by the prosecution, a prima facie case had been established against the accused person and, therefore, ordered him to open his defense.

Mr. Dery told the court that his grounds for the appeal are that its ruling is not supported by the evidence on record and that the trial judge erred in law in ruling that the republic established a prima facie case for which the accused person was called upon to open his defense, when elements of offences charged were not proved prima facie.

The Defense Counsel said: "the trial judge erred in law when he ruled that section 179A (3) (a) of the Criminal Code, 1960 Act 29 is constitutional and does not offend Article CAPut!' (11) of the 1992 constitution of the Republic of Ghana, even though it does not define what action or omission constitutes the offence under the said section."

Counsel said: "the trial judge erred when he ruled that fraudulent per se is adequate to ground a criminal offence without a definition."

In an affidavit in support of a motion to stay proceedings, pending the determination of interlocutory appeal against the ruling, defense counsel stated that on May 23 he made a submission that no case had been made against the accused person on the two counts sufficiently (prima facie case) for him to answer.

Mr. Dery said on May 24, Mr. Justice Ansah dismissed a submission of no case and ordered that: "I open my defense in a ruling dated May 24". Counsel said the appeals raise substantial issues of law to be determined by the Court of Appeal. They also raise issues and/or questions affecting his client's fundamental human rights for a fair trial and his right to personal liberty.