The Attorney-General and Minister for Justice, Dr. Dominic Ayine, has launched a bold legal counter-offensive against the Court of Appeal’s decision to acquit former Microfinance and Small Loans Centre (MASLOC) Chief Executive, Sedina Attionu Tamakloe, directing the Director of Public Prosecutions (DPP) to immediately file a notice of appeal at the Supreme Court.
In a terse statement issued on Thursday, the Attorney-General expressed the Republic’s deep dissatisfaction with the appellate court’s unanimous ruling, which overturned Ms. Tamakloe’s 10-year prison sentence and set aside all 78 criminal charges leveled against her. Alongside the substantive appeal, the AG has filed an application for a stay of execution of the judgment, a crucial procedural move to prevent the acquittal from taking full legal effect while the Supreme Court deliberates.
The Court of Appeal’s Stinging Rebuke
The three-member panel—comprising Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe, and Samuel Obeng-Diawuo—delivered a scathing critique of the High Court’s handling of the case. The justices held that the prosecution had fundamentally failed to prove its case beyond a reasonable doubt. More critically, they accused the trial judge, Justice Afia Serwaa Asare-Botwe, of losing sight of the “cardinal constitutional principle” that every accused person is presumed innocent until proven guilty.
The Original 78-Count Indictment
The high-profile case dates back to allegations of massive financial malfeasance at MASLOC, a state agency established to provide micro-credit and small loans to Ghanaian entrepreneurs. Ms. Tamakloe was originally charged with a staggering 78 counts, including conspiracy to steal, stealing, causing financial loss to the state, improper payment of public funds, money laundering, and multiple breaches of the Public Procurement Act.
Following her disappearance from the country, she was tried in absentia by the High Court (Financial Division 2) and convicted, receiving a 10-year jail term. Her legal team successfully argued on appeal that the trial had been procedurally flawed and that the evidence presented by the state was insufficient to sustain a conviction, leading to her acquittal and discharge.
The AG’s Stance and Legal Strategy
Despite the appellate court’s ruling, Dr. Ayine maintains that the conviction was legally sound and should have been upheld. “The Attorney-General remains committed to the due process of law and is confident that the appeal before the Supreme Court will succeed,” the statement read.
The decision to file a stay of execution is particularly significant. In Ghanaian jurisprudence, appealing an acquittal is an uphill battle, as the Supreme Court typically requires the prosecution to demonstrate a fundamental error in law or a blatant miscarriage of justice to overturn such a ruling. The stay of execution is designed to ensure that even if the acquittal is technically entered into the records, the legal status of the conviction remains contested until the apex court renders its final verdict.
Political and Judicial Implications
The development adds a new layer of controversy to a case that has gripped national attention for years. For the prosecution, the acquittal represents a significant setback in the fight against public sector corruption, erasing a conviction that was once hailed as a victory for accountability.
By appealing to the Supreme Court, the government is signaling its unwillingness to accept the verdict as final, setting the stage for a dramatic legal showdown. Should the Supreme Court grant the stay of execution, Ms. Tamakloe—who has reportedly been living outside Ghana—may face legal constraints regarding her movement or asset repatriation, even as the substantive appeal progresses.
As the legal battle shifts to the country’s highest court, all eyes will now be on the Supreme Court’s bench to determine whether the original conviction will be reinstated or if the Court of Appeal’s ruling will ultimately stand as final.
