The Financial Division of the Accra High Court has fixed February 24, 2024, to deliver ruling on whether or not “absconded” Sedinam Tamakloe should be tried in absentia or not.
The High Court presided over by Justice Afia Serwah Asare-Botwe had earlier ruled that the former Chief Executive Officer (CEO) of Microfinance and Small Loans Centre (MASLOC) has absconded.
The Justice of the Court of Appeal sitting as an additional High Court judge on January 24, 2023, ordered Alex Mould, the former CEO of the Ghana National Petroleum Corporation and Gavivina Tamakloe to pay GHc5 million to the state after failing to produce Sedinam Ationu Tamakloe.
In court on Tuesday, February 7, when the case was called, Justice Asare-Botwe directed the parties to file a supplementary process to their respective submissions on the prosecution’s application on whether or not the trial should be held in absentia.
The former CEO of MASLOC, Sedinam Attionu Tamakloe, has been absent from court for the past 16 months.
The prosecution had filed an application for the trial to continue in her absence but the defence lawyers have opposed that request.
Concerns
Lawyer for the first accused Agbesi Djakpasu told the court that as far as “I am concerned the court had its views that our client has absconded and as far as I’m concerned you are not the one to hear this case.”
He said the court had made its views known per the ruling on the application for forfeiture of recognizance of sureties and believed the judge is not fit to hear that application.
But, the court said, “you have to look at the parameters set and the law whether or not the person should be tried in absentia.”
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Justice Asare-Botwe said, “If you think I am not the one to hear this matter, you can go to the supreme court to prohibit me.”
“If anyone thinks I’m not competent enough to hear this case go up (Supreme Court) and prohibit me.”
Daniel Axim, the former Chief Operations Officer, who is the second accused person was present in court.