The Court of appeal in Accra yesterday in a unanimous decision ruled that Mallam Ali Yusif Isa, the jailed former Minister of Youth and Sports should serve the full four-year term in prison with hard labour.
The court presided over by Mr. Omari Sasu said judgement by the Fast Track High Court is right on both counts of stealing $46,000 belonging to the state and fraudulently causing financial loss to the state.
The three member panel, however quashed the ruling by the trial court that the convict refund the $46,000 he stole from the state within a month or serve an additional two year prison term.
The court said counsel of the appellant was right to appeal against the additional two-year term. In this regard, the appeal court ruled in favour of the convict by canceling the additional two-year term and the one-month ultimatum and urged the state to take civil action against the convict should he fail to refund the money.
The appeal was based on seven counts some of which read that the conviction for stealing and fraudulently causing financial loss to the state cannot be supported having regard to the evidence. In addition, the appeal filed by the convict stated that the trial court erred in law when it held that there was direct evidence that the convict dishonestly appropriated the $46, 000 and fraudulently caused financial loss to the state, when there was no direct evidence whatsoever to that effect.
Mr. Ambrose Dery, an Accra legal practitioner represented Mallam Isa, while Mr. Anthony Gyambiby, Principal State Attorney, represented the republic.
It will be recalled that on July 20, this year, Mallam Isa was convicted by a Fast Track High Court on two counts of stealing and fraudulently causing financial loss to the state and sentenced to a four year jail term on both counts to run concurrently.
Mallam Isa, who was also fined ?10 million or in default 12 months imprisonment on the second count, was further ordered to refund the $46,000 he stole in one month or serve additional two years in prison.
The amount was in respect of per diem and payment of bonuses for the senior national football team, the Black Stars, during a World Cup qualifying match in the Sudan on February 25, this year.
