Saglemi Housing case: If you don’t want to prosecute, take the case from Court – Judge fires AG

State prosecutors from the Office of the Attorney General, in the ongoing trial of Alhaji Collins Dauda, a former Minister of Water Resources, Works and Housing, have incurred the wrath of the presiding judge, Justice Ernest Owusu-Dapaa, over an attempted delay in prosecuting the case.

The prosecution had sought an adjournment for the following week as its second witness, an officer of the ministry, was said to be traveling out of the jurisdiction for a national assignment.

However, the court stated it would not tolerate any further delays in the ongoing trial, as had occurred when the first prosecution witness took the stand and was allowed to travel at will while in the witness box.

Justice Ernest Owusu-Dapaa, a Justice of the Court of Appeal sitting as an additional High Court judge, warned, "If you (prosecution) don't want to prosecute, take the case from the court."

The court expressed dissatisfaction with the prosecution, led by Ms. Hilda Craig, a Principal State Attorney, over the request that their second witness, Eric Amankwa Junior, would be out of the jurisdiction for the entire next week.

The Principal State Attorney explained that as an officer of the Ministry, he had work schedules to execute, and part of his duties required him to be out of the jurisdiction the following week.

Justice Owusu-Dapaa recounted how similar adjournments were taken when the prosecution's first witness, Rev. Stephen Yaw Osei, the current Chief Director of the Ministry of Works and Housing, was in the box, delaying the trial.

The court declared it would not entertain any more such delays as had occurred with the first witness. "Next week, he (the witness) has to be available in this court," the court said, adding, "I am going to make an order if he (the second prosecution witness) is not in court, the court will act," Justice Owusu-Dapaa warned.

The court emphasized, "This case cannot be suffering the kind of adjournments" that happened during the testimony of the first witness.

While referencing Article 19 of the 1992 Constitution, the court pointed to the presumption of innocence of the accused. "This adjournment is occasioned by the request of the prosecution to put its house in order concerning documents that are supposed to accompany certain letters PW2 seeks to tender," the court said.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reported that Justice Ernest Owusu-Dapaa has adjourned the case to July 2, 2024.

Background

Alhaji Collins Dauda, the former Minister for Water Resources, Works and Housing, and four others have been charged with 70 counts of causing financial loss to the state over the Saglemi Affordable Housing project. The amended charge sheet replaced the previous 52 charges pressed against them in July 2021.

Alhaji Collins Dauda, along with Dr. Kwaku Agyemang-Mensah, a former Minister for Water Resources, Works and Housing; Alhaji Ziblim Yakubu, Chief Director at the Ministry for Water Resources, Works and Housing, contributed to the Saglemi Housing deal when it was prepared and signed.

Also implicated are businessman Andrew Clocanas, Executive Chairman of Construtora OAS Ghana Limited (now deceased), and Nouvi Tetteh Angelo, Chief Executive Officer and owner of Ridge Management Solutions Ghana Limited.

In court on Tuesday, January 24, Hilda Craig, a Principal State Attorney, informed the Criminal Division of the Accra High Court that they had filed fresh charges that morning. The charge sheet, filed on January 24, 2023, included charges of intentionally misapplying public property and causing financial loss to the state.

Alhaji Collins Dauda, who also serves as NDC MP for Asutifi South in the Ahafo Region, and four others are involved in the $200 million Saglemi Housing Project scandal.