Director of Legal Services at the National Communication Authority Abena Asafo Adjei says, a $4m contract for the purchase of cyber surveillance equipment was not approved by the Board.

According to her, minutes of board meetings during the period, 2015 till date do not show any request brought before members of the board or approval given.

Mrs Asafu-Adjei also added that the only request for external support was with regards to some two million cedis for the Ghana Broadcasting Corporation.

Mrs Asafu-Adjei was testifying in the case in which the former board chair Eugene Baffoe-Bonnie and four others are standing trial for causing financial loss to the state.

Director of legal of the NCA who is the first prosecution witness in the case brought her testimony in chief to an end.

The lawyer for the former Board Chairman, Thaddeus Sory, who started cross-examining the witness suggested that she was unhappy with the former Board Chairman Eugene Baffoe-Bonnie.

He explained that this was because it was during the tenure of office of the former Chairman that Mrs. Asafu-Adjei was compelled to proceed on leave.

"You don't like the first accused person and that if you had any opportunity to pay him back, you will do so," the lawyer asserted.

But Mrs. Asafu-Adjei replied, "that is not the case".

 

Read Joseph Ackah-Blay's notes from the court unedited

Day 1: $4m NCA trial: Court soldiers on amidst objections

Day 1: I had no knowledge of $4m contract - NCA legal advisor tells court

NCA Director of Legal Abena Asafu-Adjei is back in the box. At the previous hearing, the Attorney-General had attempted to tender minutes of NCA Board meetings.

It was to demonstrate that apart from the fact that the purchase of Cyber Surveillance equipment was not on the budget and the Authority's procurement plan, a supplementary budget was also not sent to the board for the purchase. 

Some of the minutes were accepted with others rejected following an objection by some defense lawyers that some minutes had not been signed.

The same legal representation as of the last hearing was present on Day Two of the trial.

Director of Public Prosecutions (DPP) Yvonne Atakora Obuobisa is leading the witness, Abena Asafu-Adjei, to give testimony. Witness reminded of Oath. DPP is up, we begin.

DPP: Tell the court when William Mathew Tevie started work at NCA as Director-General

Witness: He started work in June 2015 as Acting Director-General.

DPP: When was he confirmed as D-G.

Witness: January 2016. 

DPP: Take a look at the minutes of the Board that have been tendered in. Was there any decision taken by the NCA Board in respect of the contract between NCA and IDL.

Witness: No such contract was discussed at any of the board meetings.

DPP hands witness another document. It's minutes of a board meeting of 8th January 2016 ,8th April 2016 and 16th April 2016.

Documents have been tendered in by witness. Defence lawyer, Thaddeus Sore asks for time to study.

Granted by the court.

Lawyer Sore is done, says he has no objection. Court accepts all 3 documents. 

DPP: Study the three documents and tell the court which of the accused persons were present at those meetings

Witness: 135th meeting minutes show first 4 accused persons were present.(Eugene, Tevie, Dr Nana Owusu and Alhaji Mimina)

For 136th meeting, 1st accused, 2nd and third were present.( Eugene, Tevie, Dr Nana Owusu) were present.

For 137th meeting,1st accused, 2nd and 3rd were present.

DPP: Go through minutes whether any decision was taken by the Board in relation to contract between NCA and IDL.

Witness: No mention of such contract came up.

DPP: Does the NCA receive requests for support from other institutions and people. Explain how such requests come.

Witness: They comes in the form of letters sent by the Ministries. The Director General of NCA who receives the request sends it to NCA Board for approval. If it's granted and payments need to be made, it is effected. 

DPP: Is there a budget for institutional support?

Witness: In the budget, there is a provision for institutional support.

 DPP: Assess the 2015 budget and Procurement plan whether such a provision was made.

Witness: It is captured in the budget as social responsibility/donations. Documents before her pegged the figure at 0.95% of total budget.

DPP: Did the board take any decision in respect of such institutional support?

Witness: A decision was taken for NCA to support Ghana Broadcasting Corporation (GBC) in the purchase of equipment costing in excess of 2million Cedis.

DPP: Apart from this support, did NCA support any other institution per the board minutes.

Witness: No other approval was given.

DPP: Does the NCA deal with any issue relating to Cybersecurity or surveillance?

Witness: Until late last year when a cybersecurity unit was set up with the IT division, the NCA had no such mandate. 

DPP says she is done leading the witness to testify.

Cross-examination begins.

Lawyer Sore: Confirm whether it was during the tenure of Eugene Baffoe-Bonnie that she was removed as Director, Legal. 

Witness: That is true.

Lawyer Sore: Confirm whether it was during the tenure of Eugene Baffoe-Bonnie that you were also compelled to go on leave because you were refusing to go on leave.

Witness: That is not the case; others had 10 months leave yet were not asked to go.

Lawyer Sore: "So you felt you were discriminated against and treated unfairly by first accused." 

Witness: That is not true; Mr. Bonnie has been my good friend since he took over as board chair and we travelled together sometimes.

Lawyer Sore: Were they private travels?

Witness: Strictly official.

Lawyer Sore: Did you contact Mr Bonnie or any other person when you were asked to go on leave?

Witness: No because I needed the leave so I took it when I was compelled to.

Lawyer Sore: Why didn't you request for it if she needed it?

Witness: If they had recourse to look at my personal file, they would have realised my leave had been deferred and I had been recalled from leave sometimes.

Lawyer Sore suggested to the witness that she doesn't like the first accused person and that if she has any opportunity to pay him back, she will do so.

Witness: That is not correct.

Lawyer Sore: Is it correct that a change in administration led to you returning to the position of Director of Legal which means a change in fortunes? 

Witness: That is not correct.

Lawyer Sore: You must be very happy with this new administration because you were also handed responsibility for overseeing procurement. 

Witness: They were looking for competence, expertise, and integrity which they found in me. "I won't boast"

Lawyer Sore: Have you dealt with anything relating to national security since you were asked to supervise procurement?

Witness: No.

Lawyer Sore: Does the procurement unit undertake procurement for institutions that seek support.

Witness: No.

Lawyer Sore: Take a look at this document; you will see that it is a power point presentation made to the board. It's the Budget plan for 2015.

Witness: I see bullet points.

Lawyer Sore: It was a presentation to the board and not the Budget itself.

Witness: Disagrees, it is the Budget.

Lawyer Sore: Have you submitted any evidence to show the board approved it?

Witness: It is in the minutes that was submitted to the court.

Lawyer Sore suggested to the witness that the social responsibility and donations item captured in the Budget was to ensure improvement in relations of the NCA and not to support institutions. 

Witness disagrees

Lawyer Sore: Has the NCA a cyber surveillance unit since you said the NCA did not have a Cyber Unit until recently?

Witness: The NCA doesn't have one.

Lawyer Sore: Are you aware that the equipment was purchased as a result of a request from National Security which asked NCA for institutional support?

Witness: I am not aware.

Lawyer Sore: The equipment was purchased as a result of a request from National Security which asked NCA for institutional support.

Witness disagrees. She explains it would have gone to the board for approval.

Lawyer Sore: Because it had to do with National Security, such procurement doesn't follow the normal request process.

Witness disagrees, says as far as she is concerned money is not a problem for national security. And that they don't even account for it.

Lawyer Sore: Are employees allowed to accumulate their leave for more than a year and enjoy same in subsequent years? 

Witness: That is the case. Per the Public service regulation, you can accumulate leave for up to 2 years after which you lose it.

Lawyer Sore: You accumulated leave for almost 10years.

Witness: It wasn't deliberate, I had work to attend to.

Lawyer Sore: Did you request for additional lawyers to be recruited so you can go on leave?

Witness: I did but it wasn't granted; today, NCA has many.

Lawyer Sore: Tell the court why you didn't counsel the Authority as legal advisor to allow other workers who had accumulated leave to take it.

Witness: I had been sent home on leave.

Lawyer Sore: It appears you were upset that you had been sent home.

Witness admits and adds she is human, it's only normal she feels that way.

Lawyer Sore is done.

DPP: No re-examination will be undertaken. 

It is another lawyer's turn to cross-examine the witness.

Lawyer Agbesi hands witness a document to read.

She says it's recommendation from the Finance committee Of the board and proceeds to read portions of it. Part of what she reads states that the committee is recommending approval of the budget to the board.

Lawyer Agbesi suggests to witness that a board committee is not a board.

Witness agrees and adds that in the case of the NCA the board committee ratifies recommendations by the Board.

Lawyer Agbesi says what is before the court is a budget presented to the committee and not the board and that she has not tendered in any budget presented to the board.  

Witness says with the NCA, it's sent to the committee for recommendation after which board approved it. 

Lawyer wants the witness to tell the court whether there is an approved budget.

Witness replies in the affirmative. 

Lawyer Dzakpasu is asking whether the witness who is NCA Director Legal will know if a request comes to the board for institutional support.

Witness: No.

Lawyer Dzakpasu wants the witness to clarify what she meant by "we" when she told the court earlier "we were not aware of contract"

Witness says she was referring to legal Division.

Lawyer Dzakpasu: What about NCA itself? 

Witness: The NCA was unaware of any contract. She explains that they searched through documents in Director General's secretariat and didn't find any trace of the contract. 

Lawyer Dzakpasu wants the witness to peruse contract document and tell dates on which it was signed. 

Witness reads dates as "17th December 2015 as effective date" on cover page

"17th December 2015 against DG's name and 17th December 2015 against 5th accused person's name.

Lawyer Dzakpasu suggests to witness that the DG is responsible for day to day administration of this document and this NCA cannot be said to be unaware of the contract.

Witness maintains that NCA was unaware of the contract.

Lawyer Dzakpasu is asking for an adjournment. He wants the witness to furnish the court with a document that indicates terms of reference of committees of the NCA Board. Witness says she can do that but doesn't have the document now.

DPP not opposed to the request.

Adjournment granted. Hearing continues January 23.