An Accra high court yesterday granted an application barring journalists from covering the evidence of a Bureau of National Investigations (BNI) operative in the trial of Alhaji Alhassan Imoro, former Executive Director of the National Service Secretariat (NSS) and 34 others implicated in the massive fraud that hit the Scheme.
The court, presided over by Justice Georgina Mensah-Datsa, gave the green light for the court to be cleared of all persons including journalists, who are not parties in the case, when it upheld the oral application filed by Marina Appiah Opare, a Principal State Attorney at the Attorney General’s Department.
She argued that the witness, who was expected in the box, had had several threats on his life since the matter came to light hence, the application for the proceedings to be heard in camera.
Quoting Article 19 (15) of the 1992 Constitution, the Principal State Attorney indicated that the witness is a BNI officer and undercover agent.
She explained that the said Article allows for the protection of the private life of an individual, adding that the parties and the accused persons must be in the case and not journalists.
Opposition
Egbert Faibille Jnr., counsel for three of the accused persons, said the application is an “act in bad faith” for the prosecution to walk to court and make an oral application when the AG should have filed a written one.
Egbert stated that Marina should be emphatic that all journalists must go out, if that is her case.
The journalist cum lawyer further contended that the AG ought to have come on notice insisting, “It is not enough to come to the court and speak from the Bar saying the witness is an undercover agent. Where is the appointment letter to show?”
National Interest
According to Mr Egbert Faibille, the request was misapplied, prejudicial and an infraction on the fundamental human right of the citizens whose right it is to know what’s going on in the case.
The lawyer said the case is of national interest – one that the public have an interest in the proceedings.
It is unclear whether the court would entertain journalists at the hearing today.
The charges preferred against the 35 persons range from conspiracy to stealing.
Alhaji Imoro is facing additional charge of “giving bribe to influence public officer contrary to Section 25 (2) of the Criminal Offences Act, (Act 29) of 1960.
The prosecution alleged that Alhaji Imoro, at the NSS headquarters in Accra, dishonestly appropriated GH¢28,749,395.80 belonging to the state.
The former NSS boss is said to have between August 1 and September 26, 2014, given GH¢25,000 and GH¢15,000 respectively to one Charles Kipo, a BNI investigator, as value consideration.
Alhaji Imoro has been granted bail in the sum of GH¢90 million with three sureties, all to be justified with properties worth GH¢1 million.
In July 2014, BNI commenced a nationwide investigation into the operations of the NSS with regard to the payment of monthly allowances to service personnel.
The Bureau discovered malfeasance in the postings and payment of allowances to service personnel.
Investigations established that between September 2013 and August 2014, the pay roll of the NSS was bloated by 31,516 names for both the National Service postings and the National Voluntary Service recruitment.
The prosecution alleged that an elaborate plot hatched by Alhaji Imoro, supported by senior officers of the scheme at the national secretariat and all the regional directors and implemented by the district directors, involving the generation of “ghost” names at the head office of the scheme in Accra.
The ‘ghost’ names were added to the genuine names on the nominal rolls based on which payment vouchers were prepared, adding that the payment vouchers were prepared by the chief accountant, Ayeltiga, and passed on to the Internal Auditor.
Meanwhile, the regional directors have all admitted their involvement and promised to refund their shares of the proceeds – which some of them had started doing – except Alhaji lmoro, who has repeatedly denied any involvement.
The prosecution indicated that the state as a result, lost an amount of GH¢107,897,018.36.
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