Supreme Court quashes conviction of former NIB boss
The Supreme Court yesterday quashed the conviction of a former Managing Director of the National Investment Bank (NIB), Mr Daniel Charles Gyimah, as ridden in error.
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It gave a further order for a trial by “De Novo”, meaning Gyimah should be re-tried in another court.
The effect of the court’s decision is that Gyimah could be picked up anytime to stand trial again for causing financial loss of $60 million to the state.
A highly placed source at the Attorney-General’s Department told the Daily Graphic after the court’s order that “Gyimah will be picked up for trial again”.
High Court decision
Gyimah was, on February 27, 2015, convicted by Mr Justice Charles Quist, a High Court judge, without his (Gyimah’s) knowledge and that of the state.
Aside from that, the convict had neither filed a submission of ‘no case’ nor opened his defence before the judgement.
Mr Justice Quist, who happens to be one of the judges cited in the Anas judicial bribery scandal and is currently on suspension, found Gyimah guilty of charges levelled against him and fined him GHc500,000 for causing financial loss of $60 million to the state.
Gyimah was to serve 12 months in prison in default.
Both parties were displeased with the court’s action and subsequently filed the necessary processes praying the Supreme Court to quash the decision.
Supreme Court order
In a unanimous decision at its sitting in Accra yesterday, the court, presided over by Mr Justice William Atuguba, nullified the High Court’s decision and directed that the trial should start afresh.
Consequently, the processes leading to his conviction have been rendered moot and of no bearing on the new judge who may be appointed to hear the case.
Other members of the panel were Justices Anin Yeboah, Paul Baffoe-Bonnie, A. A. Bennin and J. B. Akamba.
The application
The state and Gyimah had separately invoked the supervisory jurisdiction of the Supreme Court pursuant to provisions of Article 132 of the Constitution.
The defence team had argued that the trial judge erred in not inviting Gyimah to open his defence before delivering the judgement, while the state maintained that the trial judge erred in law by not serving hearing notices on the parties before passing judgement.
According to the application by the state, signed by Mr Matthew Amponsah, a Chief State Attorney, the prosecution became aware of the judgement on April 20, 2015 when it enquired about the status of the case and was informed by the trial judge that judgement had been delivered in February.
Background
Gyimah, who was first arraigned in March 2010, was convicted, together with Arvind Kumar Bhatnagar. Bhatnagar has been on the run from the onset of the trial and was, therefore, convicted in absentia.
Gyimah was said to have, in 2001, used the bank as a guarantor without the board’s consent, and issued 30 promissory notes valued at $60 million in May 2007 to a private business, Eland International (Ghana) Limited.
The act has since caused a debt of $60 million, besides interest hanging on the neck of the NIB, which is currently battling it in court.
He was on a GH¢500,000 bail bond after pleading not guilty to various counts of conspiracy, attempting to defraud by false pretences, forgery of documents and use of public office for profit.
Writer’s email: [email protected].