Abuga Pele (Middle)
A financial court hearing the case involving Abuga Pele, a former Co-ordinator of the National Youth Employment Programme (NYEP) and Philip Assibit, a representative of Goodwill International Ghana, has adjourned the matter to February 15, 2016.
The court adjourned the case because one of the accused persons (Philip) had appealed against an earlier ruling asking him to open his defence.
The case at the Court of Appeal has since been adjourned sine die.
On June 19, the financial court ordered Philip and Pele to open their defence in respect of a GH¢4.1 million malfeasance case against them.
The order came after the court had ruled that the State had established a prima facie case against the two, in respect of 19 counts of defrauding by false pretences, abetment of crime, dishonesty and intentionally misapplying public funds and wilfully causing financial loss to the State.
On the grounds of appeal, the applicant said the trial judge erred in failing to recognise that the existing outstanding contradictions in the evidence of the prosecution witnesses made it unjustified to call the accused to open his defence.
Raymond Bagnabu, counsel for the accused person, said the judge also erred when she applied wrong particulars of facts in coming to her decision, as regards count seven.
He said the judge erred in law in calling the accused person to open his defence, when it was clear from the evidence adduced on records that most of the vital ingredients of the various offences were not made out and the testimonies of the witnesses had been so discredited in cross-examination.
“The trial judge erred in law in failing to appreciate the import of the issues raised in the submission of no case filed by the accused person,” he noted.
Pele and Assibit have both pleaded not guilty to all the charges, and are on bail.