Unibank case: Supreme Court gives receiver ' green light' to testify
Founder of defunct Unibank, Dr. Kwabena Duffuor is standing trial on 71 counts of fraudulent breach of trust, money laundering, dishonestly receiving, and falsification of accounts.
In a majority decision of 3-2, the Supreme Court has dismissed an appeal by Dr. Kwabena Duffuor against allowing the Receiver of Uni Bank Ghana Limited, Nii Amanor Dodoo to testify in the criminal trial against him.
Mr. Amanor Dodoo is the state’s first witness in the trial in which Dr. Duffour and nine others have been charged on counts of fraudulent breach of trust, money laundering, dishonestly receiving, and falsification of accounts.
Lawyers for Dr. Duffour had argued that the Receiver had breached sections of the Banks and Specialized Deposit Act, 2016, and therefore should not be allowed to testify in the ongoing trial.
They also argued that the presence of Mr. Dodoo does not qualify him as the first Prosecution Witness because he was appointed Receiver of Uni Bank after being a partner of KPMG, the firm that audited the bank’s accounts.
In February 2022, however, the Court of Appeal, while affirming the decision of the High Court, ruled that Mr. Dodoo can testify as a state witness in the matter.
Following the Court of Appeal ruling, Dr. Duffour then went to the Supreme Court, appealing both decisions.
But at its sitting today, May 3, 2023, and delivering judgment on the matter, the Supreme Court affirmed the decisions of the previous courts. Presiding, Justice Paul Baffoe Bonnie noted that the witness is credible and thus can proceed to testify in the case.
Justices Paul Baffoe Bonnie, Prof Mensah Bonsu, and Samuel Asiedu were for the majority, while Justices Tanko Amadu and Gabriel Pwamang dissented.
Background
Founder of defunct Unibank, Dr. Kwabena Duffuor is standing trial on 71 counts of fraudulent breach of trust, money laundering, dishonestly receiving, and falsification of accounts.
According to the suit filed at the High Court, Dr. Duffuor is facing trial alongside the former Deputy Governor of the Bank of Ghana, Johnson Pandit Asiama, and seven others.
The others are Hoda Holdings Limited, Kwabena Duffour II, Ekow Nyarko Dadzie-Dennis, Elsie Dansoa Kyereh, Jeffrey Amon, Benjamin Ofori and Kwadwo Opoku Okoh.
UniBank went into official administration on March 20, 2018, and eventually collapsed on August 1, 2018.
Official Administrator, KPMG, in the course of its duties discovered that about GHS5.7 billion was owed by shareholders of UniBank as of March 20, 2018.
