SSNIT OBS Case: Prosecution closes evidence after 10 witnesses share 108 days in Court

State prosecutors have closed their evidence in the case in which former Director General (DG) of the Social Security and National Insurance Trust (SSNIT), Ernest Thompson, and four others are standing trial over the SSNIT Operational Business Suite (OBS) case after presenting 10 witnesses in court.

The 10 witnesses have since shared 108 days in the witness box testifying, with the last testimony given on July 12 when the prosecution, led by Richard Gyambiby, a Principal State Attorney, indicated to the court the closure of the prosecution’s case after the investigator, Emmanuel Nkonu, was cross-examined by the defense counsel.

The former DG of SSNIT, Mr. Ernest Thompson, and the four others have pleaded not guilty to charges including causing financial loss of more than $15.3 million to the state.

The five persons are facing criminal prosecution over the $66 million SSNIT Operational Business Suite (OBS) project, which was meant to revamp the operations of SSNIT through Information and Communications Technology (ICT).

They were initially dragged to court in July 2018, but the trial was put on hold following a legal tussle over the charges, which culminated in a ruling by the Supreme Court that 10 of the 29 charges relating to willfully causing financial loss did not have sufficient particulars as required by the 1992 Constitution.

Following the apex court’s ruling, the Attorney-General amended the charge sheet to include sufficient particulars.

Charges

The four other accused are John Hagan Mensah, a former IT Manager at SSNIT; Juliet Hassana Kramer, the CEO of Perfect Business Systems (PBS); Caleb Kwaku Afaglo, a former Head of Management Information Systems (MIS) at SSNIT; and Peter Hayibor, the lawyer for SSNIT.

They pleaded not guilty to 29 charges, including various counts of conspiracy to willfully cause financial loss to the state and willfully causing financial loss to the state.

Mr. Thompson and Kramer separately pleaded not guilty to three counts of contravening the Public Procurement Act, 2003 (Act 663), while Kramer and Afaglo also pleaded not guilty to defrauding by false pretense.

Afaglo is alleged to have secured his employment at SSNIT with fake certificates and was accordingly charged with various counts of possession of forged documents and uttering forged documents.

Before the court presided over by Justice Henry Anthony Kwofie, then a Justice of the Court of Appeal (now a Justice of the Supreme Court) sitting as a High Court judge, the accused persons were admitted to self-recognizance bail.

End of Evidence

On July 12, 2024, defense lawyers concluded their cross-examination of the 10th prosecution witness, Emmanuel Nkonu, an officer with the Economic and Organized Crime Office (EOCO) as an investigator.

The investigator, who has been working with EOCO since November 2011, was discharged by the court after which the prosecution indicated they would not be calling any more witnesses.

“My lord, the prosecution would like to close their case at this stage,” Richard Gyambiby, a Principal State Attorney, told the court presided over by Justice Henry Anthony Kwofie.

Witnesses

The first prosecution witness, Mr. Godson Kwadzo Ladzekpo, the acting Managing Director in charge of Management Information Systems (MIS) at SSNIT, took the witness box on January 22, 2022.

The prosecution, after two years and six months, closed their case after their 10th witness, Emmanuel Nkonu, the investigator, was discharged on July 12, 2024.

According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who has been monitoring proceedings, since the accused persons’ pleas were taken in May 2021, the case has been called 130 times with the 10 prosecution witnesses sharing 108 days since the trial began and the prosecution called the first of their 10 witnesses.

The case has been adjourned to October 10, 2024, in the next legal year.

Legal Representatives

From the AG’s office, the Director of Public Prosecution, Mrs. Yvonne Attakora Obuobisa, is leading a team of prosecutors which also includes Richard Gyambiby (PSA), Maame Afua Osei Gyamerah, Assistant State Attorney, among others.

While Samuel Codjoe, Abednego Tetteh Mensah, Yayah Brimah, and Linda Amoatey represent Ernest Thompson (1st Accused).

Annie Moghtar Mohayideen represents John Hagan Mensah (2nd Accused).

Thaddeus Sory and Baffour Gyau Bonsu Ashia represent Madam Juliet Hassana Kramer (3rd Accused).

Paa Kwesi Abaidoo leads George Bernard Shaw and Pearl Mireku Antwi, John Bossman for Caleb Kwaku Afaglo (4th Accused).

D. K. Ameley and Agyei Eyram represent Mr. Peter Hayibor (5th Accused).

Brief Facts

Per the case of the prosecution, in June 2010, SSNIT initiated the $34 million OBS project to use Information and Communications Technology (ICT) to revamp its operations to enable it to provide a state-of-the-art pension administration system in the country.

The objective of the project, according to the prosecution, was to automate all of SSNIT’s core processes in the administration of pensions and integrate all internal systems, as well as external stakeholders of SSNIT.

The A-G submitted that the contract sum was also ballooned from $34 million to over $66 million, although the OBS system failed to perform efficiently as the project contract had envisaged.

“The so-called variations or change orders were carried out at the instance of A1 (Thompson), A2 (Mensah), A3 (Kramer), and A4 (Afaglo) and authorized by A1 (Thompson), even though some of the payments were above his threshold as director-general and contrary to the Public Procurement Act,” the prosecution told the court.

It further stated that the OBS system was not working, but the first accused continued to give authorization to pay for its related expenses.

“Investigations established that although the OBS system was not performing as efficiently as contracted for, A1 (Thompson) gave authorization for various payments which culminated in the losses.

“Investigations also indicated that PBS, purportedly represented by A3 (Kramer), is a non-existent company,” the brief facts said.

It said the investigations also revealed that Afaglo “relied on certificates purporting to be educational certificates he did not possess” to gain employment at SSNIT as its General Manager for MIS on October 1, 2015.