Court of Appeal Misapplied the Law in Sedina Tamakloe Case — Baffour Awuah
Manhyia South MP argues appellate court relied on untested evidence while overlooking sworn testimony.
The Member of Parliament for Manhyia South, Nana Agyei Baffour Awuah, has criticised the Court of Appeal’s decision to overturn the conviction of former Microfinance and Small Loans Centre (MASLOC) Chief Executive Officer, Sedina Tamakloe-Attionu, describing the judgment as a misapplication of the law.
According to the private legal practitioner, the appellate court placed undue reliance on evidence that had not been tested in court while failing to properly consider sworn testimony that was subjected to cross-examination during the trial.
Speaking in an interview, Mr. Awuah argued that the court overlooked crucial aspects of the prosecution’s case, particularly evidence relating to the alleged disbursement of a loan facility to Obaatanpa Microfinance.
He maintained that the Court of Appeal failed to address the legal effect of evidence that was left unchallenged during cross-examination.
“I think the Court of Appeal misdirected itself on the position of the law. That inconsistency is obvious. Sedina did not testify before the court, and the statement she gave to the police was never tested. Untested or unsworn evidence cannot be used to discredit evidence that was tested under oath,” he stated.
Mr. Awuah further pointed to the testimony of a witness from Obaatanpa Microfinance, insisting that the witness’s account was never challenged during cross-examination and should therefore have carried significant evidential weight.
According to him, the witness clearly explained where the money was allegedly delivered, yet the defence failed to dispute that testimony during the trial.
The Court of Appeal recently quashed Madam Tamakloe-Attionu’s conviction and 10-year prison sentence after ruling that the prosecution had failed to prove its case beyond reasonable doubt.
The case involved allegations that the former MASLOC CEO unlawfully diverted a GH¢500,000 loan facility that had been earmarked for Obaatanpa Microfinance after the institution allegedly declined the funds.
Meanwhile, the Attorney-General has filed an application at the Supreme Court seeking a stay of execution of the Court of Appeal’s ruling pending the hearing of the State’s appeal. The application argues that there is a possibility the former MASLOC boss could leave the country before the appeal is determined.
