No bail for Abodakpi
Gilbert Boyefio
20/04/2007
An Accra Fast Track High Court has denied an application for bail brought by Daniel Abodakpi, who is appealing against his conviction for causing financial loss to the state and fraud.
Giving his ruling, the presiding judge, Justice S T Farkye, an Appeal Court Judge sitting with additional responsibility as a High Court Judge, said the application for bail ws not meritorious and consequently refused it.
He noted that there are no exceptional grounds that require the court to give Abodakpi bail, adding "being a sitting Member of Parliament does not make his case exceptional because he is not above the law.? Mr Abodapki was a Minister for Trade and Industry under the National Democratic Congress Administration.
The judge said that when an MP brushes with the law, the law should take effect. He said the conviction was based on evidence adduced before the court, hence the sentence holds true in the law court either in facts or law and that he remains a convict until a contrary ruling is given by the higher court.
He noted that the prosecution has assured the court that the appeal is not going to be delayed, therefore there is no need for a bail.On March 15, Charles Hayibor, counsel for Daniel Abodakpi, applied for bail pending the appeal hearing. He told the court that his client is a Ghanaian citizen and a sitting Member of Parliament, who has no intention of leaving the country because all his family members are in Ghana. But, the judge ruled that he had five children abroad.
However, Mr Hayibor had explained that during trial his client did not flout the conditions of bail set by the court.Mr Hayibor said the defence was not happy with certain sections of the court's judgement, which he described as "errors of law,? adding that the court did not consider the defence of the accused person when passing judgment.
Responding to the Abodakpi"s application on March 29, the Acting Director of Public Prosecution, Gertrude Aikins, told the court that it was not mandatory for the court to grant bail to Abodakpi. She said even though the law allows the defence to file an application for bail in appeal cases, it is not binding on the court to grant it. She further added that it is not necessary to grant bail because Abodakpi is in lawful custody.
She told the court that there is a proof of guilt against him and the law allows that in such circumstances the application be dismissed.The Acting DPP was of the view that the defence of the accused person was fully considered before judgment was passed.
On February 5, 2007, the court found Abodakpi guilty of defrauding by false pretences and willfully causing $400,000 of financial loss to the State.Mr Abodakpi, who is also Member of Parliament for Keta, was standing trial with Victor Selormey (deceased), former Deputy Finance Minister in the NDC era. Abodakpi was found guilty on seven counts of conspiracy to commit crime, defrauding by false pretences and willfully causing a total loss of ?2.73 billion to the State.
The Court sentenced him to 10 years' imprisonment on each of the seven counts. The sentences are to run concurrently. He denied all the charges and was on self-recognisance bail to the sum of ?3bn.
20/04/2007
An Accra Fast Track High Court has denied an application for bail brought by Daniel Abodakpi, who is appealing against his conviction for causing financial loss to the state and fraud.
Giving his ruling, the presiding judge, Justice S T Farkye, an Appeal Court Judge sitting with additional responsibility as a High Court Judge, said the application for bail ws not meritorious and consequently refused it.
He noted that there are no exceptional grounds that require the court to give Abodakpi bail, adding "being a sitting Member of Parliament does not make his case exceptional because he is not above the law.? Mr Abodapki was a Minister for Trade and Industry under the National Democratic Congress Administration.
The judge said that when an MP brushes with the law, the law should take effect. He said the conviction was based on evidence adduced before the court, hence the sentence holds true in the law court either in facts or law and that he remains a convict until a contrary ruling is given by the higher court.
He noted that the prosecution has assured the court that the appeal is not going to be delayed, therefore there is no need for a bail.On March 15, Charles Hayibor, counsel for Daniel Abodakpi, applied for bail pending the appeal hearing. He told the court that his client is a Ghanaian citizen and a sitting Member of Parliament, who has no intention of leaving the country because all his family members are in Ghana. But, the judge ruled that he had five children abroad.
However, Mr Hayibor had explained that during trial his client did not flout the conditions of bail set by the court.Mr Hayibor said the defence was not happy with certain sections of the court's judgement, which he described as "errors of law,? adding that the court did not consider the defence of the accused person when passing judgment.
Responding to the Abodakpi"s application on March 29, the Acting Director of Public Prosecution, Gertrude Aikins, told the court that it was not mandatory for the court to grant bail to Abodakpi. She said even though the law allows the defence to file an application for bail in appeal cases, it is not binding on the court to grant it. She further added that it is not necessary to grant bail because Abodakpi is in lawful custody.
She told the court that there is a proof of guilt against him and the law allows that in such circumstances the application be dismissed.The Acting DPP was of the view that the defence of the accused person was fully considered before judgment was passed.
On February 5, 2007, the court found Abodakpi guilty of defrauding by false pretences and willfully causing $400,000 of financial loss to the State.Mr Abodakpi, who is also Member of Parliament for Keta, was standing trial with Victor Selormey (deceased), former Deputy Finance Minister in the NDC era. Abodakpi was found guilty on seven counts of conspiracy to commit crime, defrauding by false pretences and willfully causing a total loss of ?2.73 billion to the State.
The Court sentenced him to 10 years' imprisonment on each of the seven counts. The sentences are to run concurrently. He denied all the charges and was on self-recognisance bail to the sum of ?3bn.
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