In delivering its decision on Thursday, the Court of Appeal criticised the approach adopted by the trial court, stating that the learned trial judge had lost sight of the constitutional principle that every accused person is presumed innocent until proven guilty.
The appellate court further made observations about the manner in which the prosecution conducted the case and concluded that the evidence presented fell short of the legal standard required to sustain the convictions.
The court indicated that its full reasons, contained in a 94-page judgment, would be made available by the close of the day.
Sedina Tamakloe was convicted by the High Court in April 2024 after a trial that commenced on January 30, 2019. She was sentenced to 10 years’ imprisonment after being found guilty on multiple charges arising from her tenure as MASLOC Chief Executive.
She had faced 78 counts, including stealing and conspiracy to steal, wilfully causing financial loss to the state, causing loss to public property, improper payment of public funds, unauthorised commitment and money laundering.
The prosecution, led by then Attorney-General Godfred Yeboah Dame and relying largely on investigations conducted by the Economic and Organised Crime Office (EOCO), alleged that Tamakloe misappropriated public funds through several MASLOC programmes.
Among the allegations was the alleged diversion of a GH¢500,000 loan intended for Obaatanpa Microfinance after the institution rejected the facility due to its interest rate.
The prosecution also alleged the misappropriation of funds earmarked for MASLOC sensitisation programmes, the diversion of relief funds meant for victims of the Kantamanto Market fire, and inflated procurement of vehicles and mobile phones.
At trial, the prosecution called seven witnesses and relied heavily on a forensic audit report to support the charges.
The Court of Appeal’s decision overturns the judgment of Justice Afia Serwaa Asare Botwe at the High Court, with the appellate court setting aside the convictions and ordering that she be acquitted and discharged.
The detailed reasons for the unanimous decision are expected to be released before the close of business on Thursday.
