Alhaji Ziblim Yakubu
The former Chief Director at the Ministry for Water Resources, Works and Housing, Alhaji Ziblim Yakubu, on Wednesday pleaded not guilty to 43 counts of wilfully causing financial loss to the republic and issuing false certificate in the $200 million Saglemi Housing project scandal.
The accused person, who is suffering from a medical condition, showed up before the court after he was given 48 hours to appear for his plea to be taken.
Alhaji Yakubu is standing trial together with former Minister of Water Resources, Works and Housing, Alhaji Collins Dauda, who doubles as NDC MP for Asutifi, over 70 charges of causing financial loss to the state among others.
The prosecution has amended the charges against the accused persons and the case has been placed before a new court differently constituted and presided over by Justice Ernest Owusu-Dapaa, a Court of Appeal judge sitting as an additional High Court judge.
The court on May 31, 2023, took the pleas of Alhaji Collins Dauda, Agyeman-Mensah, a former Minister for Water Resources, Works and Housing; businessman Andrew Clocanas, Executive Chairman of Construtora OAS Ghana Limited as well as Nouvi Tetteh Angelo, the Chief Executive Officer and owner of Ridge Management Solutions Ghana Limited, who all pleaded not guilty.
Alhaji Yakubu on Wednesday appeared before the court in a wheel chair and pleaded not guilty to 25 counts of wilfully causing financial loss to the republic and another 18 counts of issuing false certificate for payment of monies for work on the Saglemi Housing project knowing that the work the payment was intended for had not been done.
There was a back and forth whether the presence of the accused was required in the court for the case to precede given his health condition.
While the prosecution led by Hilda Craig, a Principal State Attorney said the accused ought to be present at all times, Godwin Edudzi Tameklo held a contrary view that the presence of the accused can be dispensed with while the trial proceeds.
Ms. Craig had argued that the accused is not bed-ridden and he was able to travel to Accra for the proceeding.
She said the accused has to be present in court for the processing to be conducted in his presence, especially when he could change his counsel at any time.
She quoted Article 19(2)(f) which indicates that a person charged with a criminal offence has to be permitted to defend himself before the court in person or by a lawyer of his choice.
“So we think that he has to be present in court for the trial to be conducted in his presence although he has a counsel. There are times that his counsel would want to confer with him in the matter,” Ms. Craig added.
Mr. Tameklo, on his part, said ordinarily it is the defence that should be insisting that the trial should not continue without the presence of the accused person.
He said they have elected to do the trial in the absence of the accused due to his ill health in order to ensure speedy and expeditious trial.
“Unless the prosecution do not want the trial to proceed so that any time an accused person is not present the trial cannot proceed. That will have an unintended consequence of delaying the trial which would be unfair to the other accused persons,” Mr. Edudzi added.
The court, presided over Justice Ernest Owusu-Dapaa, asked Alhaji Yakubu whether he would entrust his lawyer to be in court in his stead or he would come to court regardless of his health condition.
“I will allow my lawyer to stand in for me during the trial. So the trial can proceed without me,” Alhaji Yakubu responded.
The court then asked Mr. Tameklo whether he confirms that his client understood what he has said, and the lawyer said “that is so, my Lord.”
The case was adjourned to June 12 for case management conference and case completion plan.
By Gibril Abdul Razak