Audio By Carbonatix
Lawyer for former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe-Attionu, Enoch Deegbe, has welcomed the Court of Appeal's decision to acquit and discharge his client, describing the ruling as "a victory for the rule of law" while cautioning against premature interpretations until the court's full written judgment becomes available.
His comments come shortly after the Court of Appeal overturned Ms Tamakloe-Attionu's conviction and 10-year custodial sentence, bringing to an end a case that has attracted significant public and political attention.
In a unanimous decision delivered on Thursday, July 30, the appellate court held that the prosecution had failed to prove its case beyond reasonable doubt, setting aside the convictions entered by the High Court against the former MASLOC Chief Executive.
The appeal had challenged both the conviction and the legality of trying and sentencing Ms Tamakloe-Attionu in absentia.
Her legal team argued that the charges preferred against her were fundamentally defective and that the prosecution had failed to establish the essential ingredients of the offences.
Speaking to JoyNews' Fatawu Bayaga shortly after the ruling, Mr Deegbe expressed appreciation to the three-member panel of the Court of Appeal for what he described as a well-reasoned judgment.
"First of all, let me seize the opportunity to thank My Lords for the erudite judgment they have given," he said.
"As you may already know, the judgment will be ready by the close of today. Sedinam, my client, is indeed acquitted and discharged."
Although visibly pleased with the outcome, Mr Deegbe declined to immediately delve into the legal reasoning behind the decision, explaining that he wished to study the written judgment before offering a detailed analysis.
"I am going to refrain from doing that because I want to see the reasoning of My Lords—whether they agreed with me entirely or perhaps had other considerations—so that we do not misinform the public," he explained.
"We can always speak about this subsequently. I am applying for the judgment because, as you heard, My Lords indicated that it would be ready today. Once I receive it, we can have a thorough discussion on the court's reasoning."
Mr Deegbe disclosed that one of the principal arguments advanced by the defence centred on what he described as a fundamentally defective charge sheet.
According to him, the alleged defects struck at the very foundation of the prosecution's case, rendering the subsequent proceedings unsustainable.
"The charge sheet which founded the allegations against her was defective and therefore could not have formed the basis of the entire process," he said.
"Once the foundation was breached, everything that followed was bound to fall."
However, he stressed that the public should await the detailed judgment before reaching conclusions on the precise legal basis upon which the Court of Appeal allowed the appeal.
Following the acquittal, Mr Deegbe indicated that his legal team had immediately begun the process of obtaining a certified copy of the judgment to facilitate his client's release from prison.
"We've just applied for the certified copy," he said.
"We will take the necessary steps and bring the judgment to the attention of the Republic."
Asked when Ms Tamakloe-Attionu could be expected to regain her freedom, Mr Deegbe said his team hoped the administrative processes would be completed without delay.
"From my end, I would wish that she were released immediately," he remarked.
"However, there are procedural steps that must be followed. We will ensure that everything required is done today and, as much as possible, we anticipate that she should be out before the end of the week."
Mr Deegbe also offered an insight into his client's state of mind throughout the appeal process, describing her as a woman whose faith never wavered despite the uncertainty surrounding the proceedings.
"In matters like this, she has always been prayerful," he said.
"She is a person of faith."
He added that Ms Tamakloe-Attionu had remained convinced that a proper consideration of the appeal would vindicate her.
"She has always believed that once the Court of Appeal considered the matter, she would be set free."
"For us, this is a victory for the rule of law."
Mr Deegbe firmly declined to be drawn into any political debate, insisting that his role was confined strictly to matters of law.
"Unfortunately, I am a lawyer, so I can only speak to issues of law," he said.
"I am not a politician, so I cannot speak to politics."
He acknowledged that members of the public were entitled to form their own opinions about the case but maintained that any informed assessment should be based on the court's written judgment rather than speculation.
"I cannot prevent people from having opinions. That is entirely their choice."
"Once we all obtain the judgment, we will appreciate exactly what the Court has decided."
He encouraged journalists, legal practitioners and members of the public to obtain copies of the judgment, the proceedings and the parties' submissions before attempting to analyse the significance of the ruling.
"Anyone who wants to do a proper job should apply to the court, obtain our submissions and the proceedings, and they will appreciate our case much better," he said.
"The law is the law."
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