‘Nobody is forcing you to prosecute’ – Judge tells AG for wasting Collins Dauda’s time

Justice Dr Ernest Owusu-Dapaa has expressed displeasure about how the Attorney-General’s office is handling the case in which Collins Dauda and three other individuals are being prosecuted for financial loss to the state and other connected offences over the Saglemi Housing Project's construction.

According to the Court of Appeal judge sitting as an additional judge of the financial and economic division of the High Court, the state is unduly wasting the time of the former minister of works and housing who is a member of parliament for Asutifi South and his lawyers.

This follows the failure of the state prosecutors to open their case against the accused persons.

Thelawplatform.online reports Justice Owusu-Dapaa as saying that “the AG has elected to prosecute Hon. Collins Dauda and others so they ought to stand prepared in same whenever the case is listed for hearing”.

The news website further reported that the judge drew the AG’s attention to Article 19 of the constitution, which “provided the presumption of innocence of the accused persons and thus its worry about the delay in opening their case.”

Justice Owusu-Dapaa reportedly reminded the AG that nobody was forcing it to prosecute the accused persons if it was not prepared.

The prosecution team claimed that because their witness was not present in the jurisdiction, the day's scheduled hearing should be postponed, a request the judge granted hesitantly before adjourning the case to the 20th of November, 2023 for trial on a daily basis.

Alhaji Collins Dauda and Kweku Agyeman Mensah, two former ministers of works and housing, along with three other people are facing prosecution over the Saglemi Affordable Housing.

On August 5, 2021, the five were charged with 52 counts, one of which was causing the state to suffer financial loss.

They are accused of purposefully misapplying state property, causing financial loss to the state, and providing false certificates for the $200 million Saglemi Affordable Housing Project.

Alhaji Collins Dauda has entered a not guilty plea to all 52 allegations, as has Kweku Agyeman Mensah, Alhaji Ziblim Yakubu, Chief Director of the Ministry, Andrew Clocanas, Executive Chairman of Constructura OAS Ghana Limited, and Nouvi Tetteh Angelo.

Alhaji Collins Dauda was granted self-recognizance bail, while Alhaji Ziblim Yakubu and Kweku Agyeman Mensah were granted bail in the sum of $65 million each. They also had to provide three sureties, one of whom needed to be a public official.

The fourth accused, Andrew Clocanas, was also granted bail in the amount of $179 million, along with three sureties, one of whom had to be a public servant. The fifth accused, Nouvi Tetteh Angelo, was granted bail in the sum of $13 million, backed by three sureties.

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