#No.12 Expose: Court unhappy with Prosecution’s delay tactics in starting Nyantakyi’s trial

The High Court in Accra has observed with dismay the "delay tactics" being employed by state prosecutors in commencing the trial of the former president of the Ghana Football Association (GFA), Kwasi Nyantakyi.

The court is also unhappy about the substantive state prosecutor's request to prioritize an "official assignment" at the expense of the "prosecution of a criminal trial at the High Court."

Justice Marie-Louise Simmons, the presiding judge, previously warned that "if by the end of April no meaningful steps have been taken in the appeal, the two accused persons would be discharged."

However, the warning did not take effect as the case has been adjourned to June 10.

The former president of the GFA has been charged with fraud and corruption over his involvement in the Anas Aremeyaw Anas #Number12 Exposé.

Mr. Nyantakyi, who is also facing the charge of conspiracy to commit fraud with the former Northern Regional Representative of the GFA, Abdulai Alhassan, pleaded not guilty.

The two football administrators have been admitted to their previous bail sum of GH₵1 million each, with three sureties, to be justified.

They are also required to report to the case investigator until the final determination of the case.

In court on Tuesday, April 30, Justice Marie-Louise Simmons said the court has been informed of challenges at the registry regarding the appeal.

Based on that, the court said it would not discharge the accused persons as previously stated but will wait for the Court of Appeal's outcome, where both prosecution and accused filed motions.

EIB Network's Legal Affairs Correspondent, Murtala Inusah, reports that the former GFA boss, who arrived in court from Kumasi, seemed disappointed as he made his way back to Ejisu for the ongoing by-election on April 30.

Argument

Baffour Gyau Bonsu Ashia, counsel for Nyantakyi, reminded the court of what had transpired previously.

"At the last adjourned date, my lady was very clear with her orders that if by the 30th of April, 2024, the prosecution failed to present their first witness, my lady was going to strike out the suit and discharge the accused persons," he submitted.

According to him, "on that day, the prosecution was present in this court, so there cannot be any justifiable reasons for them not being present in court today (Tuesday, April 30)."

"My lady will also realize that the prosecution always comes to this court in a team, so their absence from court today is a clear indication that the state is not interested in prosecuting this matter.

"It is our humble submission and prayer that my lady strike out the matter and discharge the accused persons," Lawyer Ashia, who was holding Thaddeus Sory's brief, told the court.

Prosecution's Excuse

A State Attorney, Adu Gyamfi, said the substantive attorney is indisposed and requested the case be adjourned.

By Court

Justice Marie-Louise Simmons, after hearing the parties, said, "The court has received two letters signed by the substantive attorney for the state, all dated 26th April 2024."

According to her, "In both letters, the said counsel for the state requested an adjournment because she has been called up for an official assignment."

"In one of the letters," the court said, "she requested an adjournment to May 15, 2024, and in the other to May 22, 2024."

Clarity

For the purposes of clarity, the court said, "On the submissions made by counsel for the first accused (Nyantakyi) at the last adjourned date, the proceedings ended with a statement by the court: 'If by April no meaningful steps have been taken in the appeal, the two accused persons would be discharged.'"

"Now, on November 29, 2023, this court, in dismissing an application for Stay of Proceedings filed by the prosecution, ruled that the prosecution should call the other four witnesses whose Witness Statements have been filed for the trial to start," the court said.

However, the court said, "To date, nobody has been called."

Pending Appeals

The court also recounted that due to pending interlocutory appeals—one by the prosecution and another by Kwasi Nyantakyi in May 2023 in relation to the mode of testimony of Anas—the court was reluctant not to discharge the accused.

The court stated that "if no meaningful steps were taken toward the appeal, the accused would be discharged."

"In addition, the prosecution was to call the other witnesses whose evidence will not be affected by the outcome of the decision to be taken by the court.

"It was further emphasized that the minimal role of each witness whose witness statement has been filed is to contribute an element to be proven to the charges filed by the prosecution," the court said.

Delay Tactics

The court also observed that the prosecution, in a bid to further waste the court's time, has brought in these two letters "...claiming to have been called for an official assignment, which assignment is more important than the prosecution of a criminal trial at the High Court."

She said, yet none of the witnesses who had their Witness Statements filed has still not been called.

"It is obvious that these are all tactics to waste the time of the court. The court will therefore deem that the prosecution does not intend to call any other witness apart from the one whose mode of testimony is to be determined by the Court of Appeal," the court said.

Logistical Constraints

Justice Marie-Louise Simmons said the court, however, has been informed by the registrar of the Court of Appeal of the state of the appeal pending.

"I have been informed that indeed the delay in the appeal has been due to some logistical constraints...and also partly due to a mistake made by the prosecution in the title of the case, which necessitated...in order to correct the misspelled name of A1 (Kwasi Nyantakyi), which order was granted.

The court said with the information from the registry on the compilation of the records for appeal, "I will await the outcome of the appeal process filed by both sides."

The case has been adjourned to June 10, 2024.