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SML Corruption Trial: Court Takes Plea of 6th Accused, Grants GH¢50m Bail

Keywords: SML corruption trial, Colonel Kwadwo Damoah bail, Kenneth Ofori-Atta case, Office of the Special Prosecutor Ghana, Accra High Court, GH¢50 million bail, corruption-related offences, Mutual Legal Assistance.

Introduction

The ongoing legal proceedings involving the Office of the Special Prosecutor (OSP) have reached a significant milestone with the arraignment of the sixth accused individual. In a recent sitting at the Accra High Court, Colonel Kwadwo Damoah (Rtd) was formally charged regarding alleged irregularities in the SML corruption trial. This high-profile case, which implicates former Finance Minister Kenneth Nana Yaw Ofori-Atta and others, centers on allegations of financial malfeasance and procurement breaches.

For observers following the fight against corruption in Ghana, this session provided critical updates regarding the status of the accused, the stringent bail conditions imposed, and the logistical preparations for the upcoming Case Management Conference (CMC). This article provides a comprehensive breakdown of the court’s decisions, the legal background of the accused, and what lies ahead for the prosecution and defense.

Key Points

Background

The SML corruption trial is a complex legal battle initiated by the Office of the Special Prosecutor. It targets a group of individuals accused of engaging in activities that contravened Ghana’s public procurement laws and anti-corruption statutes. The investigation focuses on financial irregularities alleged to have occurred during the tenure of key officials.

Who is Colonel Kwadwo Damoah?

The sixth accused, Colonel Kwadwo Damoah (Rtd), is a prominent figure in Ghanaian politics and public service. He is the sitting Member of Parliament for Jaman South and a former Commissioner-General of the Customs Division of the Ghana Revenue Authority (GRA). His inclusion in the trial links the alleged procurement irregularities directly to the operations of the Customs Division during his tenure.

Previous Court Proceedings

Before this specific hearing, Colonel Damoah had been absent from previous court sessions. This absence prompted the prosecution to request a bench warrant for his arrest. However, the court declined this request after being informed that the MP was engaged in official parliamentary duties and had not been properly served with court processes at that time. This context explains the heightened scrutiny on his attendance in this recent session.

Analysis

The recent court sitting has clarified the legal standing of the sixth accused and set strict parameters for his conduct during the trial. The court’s handling of the bail application and the conditions attached offer insight into the judiciary’s approach to high-profile corruption cases involving sitting MPs and former government officials.

The Significance of the Bail Conditions

Granting bail of GH¢50 million is a substantial sum, reflecting the gravity of the alleged offenses and the court’s need to ensure the accused remains within the jurisdiction. The requirement for justified sureties means the guarantors must prove they possess assets equivalent to the bail amount, adding a layer of financial security for the state.

The directive to place Colonel Damoah on the Ghana Immigration Service (GIS) stop list is a standard but effective legal mechanism. It effectively neutralizes the risk of the accused fleeing the country, a primary concern in cases where the penalties for conviction are severe. By restricting his movement and requiring weekly reporting to the OSP, the court balances the accused’s constitutional rights to liberty with the state’s interest in a fair trial.

Preparing for the Case Management Conference (CMC)

The court’s order regarding the filing of witness statements and exhibits is procedural but vital. The Case Management Conference (CMC) is designed to streamline the trial process. By ordering the prosecution and defense to exchange materials at least two days before the January 2026 CMC, the court is enforcing a “no surprise” policy. This ensures that the trial focuses on legal arguments rather than procedural delays, a common tactic in complex financial crime cases.

Practical Advice

For individuals or entities monitoring this case—whether legal professionals, journalists, or the general public—understanding the procedural steps is essential. Here is a breakdown of the legal processes mentioned in this ruling:

Understanding “Mutual Legal Assistance”

The prosecution mentioned using Mutual Legal Assistance (MLA) to secure the presence of the first and second accused persons (Kenneth Ofori-Atta and Ernest Darko Akore).

MLA is a treaty-based process where one country requests another to assist in a criminal investigation or prosecution. In this context, Ghana is formally asking the jurisdiction where the former officials reside to cooperate in bringing them back to face trial.

What “Bail with Sureties” Means

When a court grants bail with “two sureties to be justified,” it means:

1. The accused must find two people willing to guarantee his appearance in court.
2. These sureties must provide proof of ownership of property or funds equivalent to the bail amount.
3. If the accused absconds, the sureties risk forfeiting the assets provided to the court.

FAQ

Conclusion

The SML corruption trial continues to be a litmus test for Ghana’s anti-corruption architecture. The arraignment of Colonel Kwadwo Damoah and the imposition of strict bail conditions demonstrate the judiciary’s commitment to ensuring accountability while adhering to due process. As the case moves toward the Case Management Conference in 2026, the focus will shift to the exchange of evidence and the efforts to bring the remaining accused persons before the court. This trial remains a pivotal event in the landscape of Ghanaian public service and legal accountability.