Court of Appeal dismisses Assibit’s appeal
Accra, A three-member jury of the Court of Appeal on Monday dismissed an application filed by Mr Philip Akpeena Assibit, an accused person standing trial in the GYEEDA case.
According to the jury, the detail of the judgment will be released on November 16, 2017.
Mr Assibit has filed an application for stay of execution at the Court of Appeal against the ruling asking him to open his defence at the High Court.
The accused person had earlier filed submission of no case, which was rejected by a Financial Court, a Division of the High Court.
On June 19, 2015, the High Court ordered Assibit, a Representative of Goodwill International Group and Abuga Pele, a former National Coordinator of the National Youth Employment Programme, to open their defence in respect of a GH4.1 million malfeasance case against them.
The order came after the Court had ruled that the State had established a prima facie case against Pele and Assibit in respect of 19 counts of defrauding by false pretences, abetment of crime, dishonesty and intentionally misapplying public funds and willfully causing financial loss to the State.
On the grounds of the Appeal, the Applicant said the trial judge erred in failing to recognize that the existing outstanding contradictions in the evidence of the Prosecution witnesses made it unjustified to call the accused to open his defence.
The counsel for the accused person also said the Judge erred when she applied wrong particulars of facts, in coming to her decision, as regard count seven.
He said the Judge erred in law, in calling the accused person to open his defence, when it was clear from the evidence adduced on records that most of the vital ingredients of the various offences were not made out and the testimonies of the witnesses had been so discredited in cross examination.
The Trial Judge erred in law in failing to appreciate the import of the issues raised in the submission of no case filed by the accused person, the counsel said.
Pele and Assibit have both pleaded not guilty to 19 counts of causing financial loss to the state, defrauding by false pretence, abetting crime, intentionally misapplying public property and dishonestly causing loss to public property. They are on bail.
Assibit has been accused by the State for allegedly putting in false claims that, he had secured a 65-million- dollar World Bank funding for the creation of one million jobs for the youth, resulting in the government parting with GH 4.1 million.
The court admitted Pele to self- recognisance bail, whilst Assibit was granted bail in the sum of GH2 million with four sureties, two of whom to be justified.
Currently, Philip has opened his defence, meanwhile the substantial case, has been adjourned to October 23.
Source: Ghana News Agency