Home Ghana News SML case: Court grants former GRA boss, 4 others GH₵50m bail with two sureties – Life Pulse Daily
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SML case: Court grants former GRA boss, 4 others GH₵50m bail with two sureties – Life Pulse Daily

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SML case: Court grants former GRA boss, 4 others GH₵50m bail with two sureties – Life Pulse Daily
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SML case: Court grants former GRA boss, 4 others GH₵50m bail with two sureties – Life Pulse Daily

SML case: Court grants former GRA boss, 4 others GH₵50m bail with two sureties – Life Pulse Daily

Introduction

In a high-profile legal development, the Accra High Court on December 11, 2025, granted a GHC50 million bail to the former Commissioner-General of the Ghana Revenue Authority (GRA), Rev. Dr. Ammishaddai Owusu-Amoah, and four other accused individuals in the ongoing Strategic Mobilisation Ghana Limited (SML) case. The ruling, which stipulates two sureties for the bail, has sparked widespread interest due to its connection to alleged procurement fraud, misuse of public office, and financial mismanagement amounting to over GHC1.4 billion. This article delves into the case’s background, court rulings, and implications for stakeholders.

Key Points

Bail Terms and Conditions

The Accra High Court approved a GHC50 million bail for Rev. Dr. Ammishaddai Owusa-Amoah (A4), Emmanuel Kofi Nti (A3), Isaac Crentsil (A5), Evans Adusei (A7), and Strategic Mobilisation Ghana Limited (A8). The bail requires two sureties, with passports and travel documents to be deposited at the court registry. Accused parties must also report weekly to the Office of the Special Prosecutor (OSP).

Charges Alleged

Prosecutors allege the group conspired to manipulate procurement processes for SML, favoring unqualified contractors and siphoning public funds. Additional charges include trafficking at the apex level and using public offices for private advertising. The case also involves accusations of thwarting state revenues exceeding GHC1.4 billion.

Pending Proceedings

Kwadwo Damoah (A6), MP for Jaman South, remains a focal point. His summons was dismissed by the court due to parliamentary immunity during the period of his arrest. The case has been postponed to December 17, 2025, for him to submit his plea.

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Background

Strategic Mobilisation Ghana Limited (SML)

SML, a state-linked entity, was accused of receiving preferential treatment in procurement contracts, allegedly coordinated by Rev. Dr. Owusa-Amoah and co-accused individuals. Investigations revealed irregularities in contract awards, leading to significant financial losses for the state.

The Role of the Ghana Revenue Authority

The GRA, tasked with managing Ghana’s tax policy and revenue collection, has faced scrutiny in recent years. Rev. Dr. Owusa-Amoah, once a prominent figure in the institution, was relieved of duties amid allegations of operational malfeasance within the SML case.

Legal Framework

The case aligns with Ghana’s anti-corruption laws, including the Criminal and Other Related Offences Act (Act 29), which criminalizes abuse of authority and financial misconduct. The court’s decision to grant bail reflects the principle of presumption of innocence under Ghanaian law while balancing public interest.

Analysis

Implications of the Bail Ruling

The bail grant underscores the court’s effort to balance justice with individual rights. Requiring two sureties and passport surrender ensures compliance with bail conditions, mitigating flight risks. However, critics argue the high bail amount excludes low-income defendants from fair legal representation, raising questions about systemic biases.

Prosecution Challenges

Proving financial crimes requires meticulous evidence collection, including contract documents and communication trails. The involvement of a former minister, Ken Ofori-Atta (A1), complicates proceedings due to diplomatic and political sensitivities, potentially delaying trials.

Parliamentary Immunity and Legal Precedents

The court’s dismissal of the MP’s summons highlights Ghana’s constitutional safeguards for legislators. While this protects elected officials during parliamentary sessions, it risks eroding public trust in accountability mechanisms. Legal experts suggest amending laws to exclude serving MPs from immunity in flagrant corruption cases.

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Practical Advice

Understanding Bail Requirements

To secure bail, defendants must demonstrate financial stability through sureties—individuals or entities vouching for compliance. In Ghana, sureties must post collateral equivalent to the bail amount, often tied to property valuations. Accused parties must also adhere to OSP reporting mandates to avoid revocation.

Navigating Legal Proceedings

Defendants should engage experienced lawyers specializing in criminal law and anti-corruption statutes. Evidence preservation is critical; timely submission of documents like procurement records could sway trial outcomes. Staying informed via trusted legal platforms like Connecting Africa<em ensures compliance with procedural updates.

Preventing Procurement Fraud

Organizations should adopt transparent procurement practices, such as competitive bidding and independent audits, to avoid allegations of misconduct. Stakeholders in public tenders should prioritize ethics training to align with Ghana’s Procurement and Supply Chain Code<em guidelines.

FAQ

What is the SML case about?

The SML case involves allegations of procurement fraud, abuse of public office, and financial misconduct. The accused are charged with manipulating contracts to favor unqualified entities, resulting in GHC1.4 billion in state losses.

Why was Kwadwo Damoah’s summons dismissed?

The court cited constitutional parliamentary immunity, which shields legislators from legal processes during parliamentary sessions. However, immunity does not extend to acts unrelated to official duties.

Can bail conditions be modified?

Yes, courts may adjust bail terms if new evidence arises or circumstances change. Defendants must file motions within 30 days of the original ruling to request revisions.

What penalties could the accused face?

If convicted, the accused could face fines up to GHC2 million or imprisonment for up to 25 years under Article 29(1) of Ghana’s Criminal Code. Forfeiture of ill-gotten gains may also occur.

How does this case impact Ghana’s public sector?

It reinforces the need for institutional reforms in procurement and anti-corruption measures. Enhanced transparency and whistleblowing protections could restore public confidence in governance.

Conclusion

The Accra High Court’s GHC50 million bail ruling in the SML case sets a precedent for balancing defendants’ rights with accountability. While the decision upholds due process, ongoing legal challenges, particularly around parliamentary immunity, highlight gaps in Ghana’s anti-corruption legal framework. Stakeholders must prioritize ethical governance and transparent audits to prevent future scandals.

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