Accra: A newly-constituted Court of Appeal panel convened on an emergency basis to hear the Attorney-General's application for a stay of execution in the Sedina Tamakloe Attionu case failed to reach a decision, leaving the former MASLOC Chief Executive Officer in detention as the courts begin a two-month recess.
According to Ghana Web, the panel, composed of Justices Sophia Rosetta Bernasko Essah, Dr. Ernest Owusu-Dapaa, and Aryittey Armah-Tetteh, was assembled at short notice, acknowledging that the respondent's legal team had not been duly served. Despite this, the judges retired to draft their judgment around 10:20 am, returning nearly two hours later to announce their inability to agree on a ruling.
The court is now seeking a warrant from the Chief Justice to sit during the legal vacation, which could prolong Ms. Tamakloe Attionu's stay at Nsawam Prison despite her acquittal by a previous panel just a day earlier.
The rushed timeline of events has ignited questions about procedural fairness. On July 30, the Court of Appeal delivered a unanimous judgment acquitting Ms. Tamakloe Attionu. Hours later, the Attorney-General filed an urgent application for a stay of execution pending a Supreme Court appeal, with the application reaching prison authorities in the evening, but not Ms. Tamakloe Attionu's lawyers.
Her legal team only became aware of the application through informal channels and arrived in court on Friday morning to find proceedings underway. A source close to the matter noted, "Her lawyer was not informed. But he got wind of it so he was in court before the judges came in."
Despite the court acknowledging the breach in procedural rules, an adjournment was deemed unfeasible due to the legal year ending that day. In a move reflecting both desperation and obligation, Ms. Tamakloe Attionu's lawyer, Mr. Enoch Deegbe, waived his right to file an affidavit, opting to argue on legal points to ensure the case could be heard.
After deliberating for nearly two hours, the judges announced their inability to reach a decision, adjourning the matter indefinitely. The panel indicated plans to seek permission from the Chief Justice to sit during the legal vacation to deliver a ruling.
This indecision means Ms. Tamakloe Attionu, acquitted by a unanimous Court of Appeal, remains incarcerated. She had been extradited from the United States in June 2026, after being convicted in absentia in April 2024 on multiple charges. The appellate court that acquitted her found the prosecution failed to prove its case beyond a reasonable doubt.
The situation raises questions about the justice administration in Ghana, particularly regarding procedural fairness and the legality of detaining an acquitted individual without a stay of execution granted. Legal experts emphasize that a stay of execution pending appeal is not automatic and requires the applicant to demonstrate a likelihood of success on appeal and potential irreparable harm, while the respondent must also be heard.
The Chief Justice is expected to decide on the panel's request to sit during vacation. If granted, the panel will reconvene to rule on the stay application. If the stay is granted, Ms. Tamakloe Attionu will remain in custody pending the Supreme Court's appeal decision. If refused, she will be released immediately. Until then, Ms. Tamakloe Attionu remains in custody, prompting concerns over whether justice is being served.