The Accra High Court hearing the case involving Eugene Baffoe Bonnie, the former Board Chairman of the National Communications Authority (NCA) and four others has adjourned the matter, pending the determination of an application before the Supreme Court.
The court said it had before it two applications, one by the counsel for second accused person, Matthew William Tetteh Tevie to the Supreme Court for certiorari to quash the decision of the court, asking his client to open his defence.
The application states that the court erred by not allowing all the accused persons the seven days automatic stay granted the first accused person.
The other application, which is before the High court, was filed at the instance of the third accused person, Nana Owusu Ensaw, seeking to stay the proceedings of the court.
The presiding Judge, Justice Eric Kyei Baffour ruled that the application for stay of proceedings was yet another example of the numerous frivolous applications to delay the court’s proceedings.
He said there was scanty merit of the application and for same to have been filed by a lawyer who has been called to the bar, and same has been dismissed.
He said since the application for judicial review at the Supreme Court had been slated for July 23, seeking to quash his direction ordering the second accused person to open his defence, the court only finds it just to hold in abeyance his order to invite the second accused person to open his defence today, and abide by the directions of the Supreme court.
It then adjourned the matter to July 25.
Meanwhile, Counsel for the fifth accused person told the court that they have also filed an application for stay of proceedings in respect of the decision of the court dated July 2, but in the light of the court’s ruling adjourning proceedings to July 25, it had become necessary to withdraw the said application even though the judge has not been furnished with his copy yet.
At the last sitting, the court ordered the second accused person to open his defence and ordered the others to prepare to open their defence in case the second accused person was unable to do so in order to avoid delaying proceedings.
The other accused persons are: Matthew William Tetteh Tevie, the former Director-General, NCA, Nana Owusu Ensaw, a former board member, Alhaji Osman Mimina, former Deputy National Security Coordinator and George Derick Oppong, Managing Director of Infraclocks Limited (IDL).
All the accused have been charged with willfully causing financial loss to the State.
Other charges include conspiracy, using public office for profit; stealing, money laundering and intentionally misapplying public property.
They are in court over the purchase of a Pegasus machine at a cost of $8 million, which could not function.
The accused persons have denied the charges and are currently on bail.