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The Member of Parliament for Suame and Legal Counsel for the Minority Caucus, John Darko, has expressed reservations about the Court of Appeal’s decision to acquit and discharge former Chief Executive Officer of the Microfinance and Small Loans Centre (MASLOC), Sedina Tamakloe-Attionu.
The Court of Appeal on Thursday, July 30, overturned the earlier conviction of Madam Tamakloe-Attionu, who had been sentenced to 10 years in prison after being found guilty of causing financial loss to the state and other related offences.
Speaking on JoyNews’ The Pulse, Mr Darko said while the decision of the appellate court was binding, he was not fully convinced by the reasoning behind the judgment based on his initial review of the ruling.
“So, as I said, we are all now trying to reach a judgment, but we get the key in and out of the judgment which is that Sedna Tamako has been, as it were, relieved of her responsibility to serve in the jury sentence to the extent that the Court of Appeal feels the prosecution at the time couldn't prove its case,” he said.
He added that his preliminary assessment of the judgment did not suggest that the appellant had made a strong enough case for the court to overturn the decision of the lower court.
“We can look at it, but it doesn't really meet the threshold for certain asides. Looking at the case, reading a bit of the judgment I have received so far, I am not convinced that the appellant made the case for the court to overturn the decision of the lower court,” he stated.
However, Mr Darko acknowledged that the Court of Appeal remains one of Ghana’s highest courts and its decision must be respected.
“But as I said, the Court of Appeal is one of the highest courts and so their decision would be binding on all of us,” he said.
His comments come after the Attorney General and Minister for Justice, Dr Dominic Ayine, indicated that the state would consider appealing the ruling.
Mr Darko said the Attorney General’s decision to appeal would provide an opportunity to assess the strength of the state’s arguments, questioning whether the move was based on legal grounds or political considerations.
“I hear the Attorney General wants to appeal the decision, it would be interesting what the Attorney General's submission would be. We want to look at it, whether they really mean to appeal or it's just a political gimmickry,” he said.
The Suame MP further criticised the prosecution’s handling of the appeal process, arguing that a stronger presentation could have influenced the court’s decision.
“I believe that if the Attorney General had done a good job at the appeal stage, maybe the Court of Appeal would have been swayed by their submission. As it stands now, it looks to me that they didn't do a good job and the reason why the Court of Appeal granted the prayer of the appellant,” he stated.
Mr Darko said the ruling was disappointing, particularly in the context of Ghana’s efforts to fight corruption.
“That is where, for me, it is shocking. I believe that it flies against our resolve to fight corruption,” he added.
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