By The High Court in Accra has acquitted and discharged Ernest Thompson. He is the former Director-General of the Social Security and National Insurance Trust (SSNIT). Two others were also set free. They were accused of causing a financial loss of $15.3 million to the state.
Justice Henry Kwofie dismissed the charges against Mr Thompson. He also dismissed charges against former SSNIT IT Manager John Hagan Mensah and SSNIT Counsel Peter Hayibor. This occurred after the Attorney-General and Minister of Justice withdrew the case against them.
The charges were dropped under Section 29 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30). This section allows the prosecution to withdraw a case with the consent of the court. This can occur before judgment is pronounced. Following this, Justice Kwofie ruled in line with Section 59 (2)(b)(ii) of Act 30, acquitting the accused persons.
However, the withdrawal notice excluded Caleb Kwaku Afaglo. He is the former Head of Management Information Systems (MIS) at SSNIT. He remains on trial for allegedly securing employment at SSNIT using forged academic certificates.
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Afaglo has pleaded not guilty to charges of defrauding by false pretence. He also denies possession of forged documents. Additionally, he denies uttering forged documents. These charges are contrary to section 169 of the Criminal Offences Act, 1960 (Act 29).
Plea bargaining talks begin
Afaglo’s counsel, George Bernard Shaw, informed the court that his client has initiated plea bargaining negotiations with the Attorney-General.
The defence had previously sought leave to subpoena three witnesses. The witnesses included Dr James Moss of the Georgia Institute of Technology. Dr Julian Malveaux of Bennett College was another. The final witness was Professor Derrick Lloyd. However, when the case was called on March 13, Mr Shaw revealed that his client encountered difficulties. His client struggled to obtain witness statements.
“As a result, we have advised our client. He should explore avenues open to him in the defence of this matter,” he told the court.
Plea bargaining is a process. An accused person agrees to plead guilty in exchange for a lesser charge. This can also result in a reduced number of offences or a reduced sentence.
Senior State Attorney, Nana Ama Adinkra, confirmed that the prosecution had received a formal request from Afaglo’s legal team. The request indicated their intention to negotiate a plea deal with the Attorney-General.
The case has been adjourned to May 8, 2025.
