Causing financial loss

Arguably the most popular news in Ghana in the last 48 hours is the conviction and sentencing of Madam Sedina Tamakloe-Ationu, the former Chief Executive Officer of MASLOC. 

An Accra High Court, Coram Afia Serwaa Asare-Botwe, found both the former MASLOC boss and a former Chief Operating Officer, Daniel Axim, guilty of 78 counts of causing financial loss to the state, stealing, conspiracy to steal, money laundering, and causing loss to public property, in contravention of the public procurement law.

In the aftermath of the conviction of Madam Sedina Tamakloe-Ationu, who is currently in the USA for medical reasons, there have been concerns on how she would serve the 10-year sentence. 

The various concerns are legitimate because ordinarily the powers of the Ghanaian courts are territorial. Save for some limited situations, the courts in Ghana can only hear and exercise jurisdiction over offences committed within the territory of Ghana. 

Essentially, the powers of the Ghanaian courts including issuance and execution of warrants and related processes to arrest accused persons and commit convicts to prisons only apply within Ghana. 

On the matter of how the Republic of Ghana could ensure that Madam Sedina Tamakloe-Ationu serve her prison or custodial sentence, resort can be had to the 1931 Extradition Treaty between the United States of America and the United Kingdom, which came into force in 1935; and The Extradition Act, 1960 (Act 22).

Although the 1931 treaty was between the United States of America (USA) and the United Kingdom, same is applicable to Ghana, then Gold Coast. It is also an existing law by virtue of Section 3(2) of Act 22 and Article 11 (d) of the Constitution. 

It is important to state that the courts have had the occasion to bless and endorse the extradition treaty or arrangement between Ghana and the USA. Amissah JA blessing this treaty stated that “That treaty was entered into by the United States and Great Britain on 22 December 1931. Ghana, then the Gold Coast, formed part of the British dominions to which the treaty applied. The basis of the present request is that this was one of the treaties which Ghana succeeded to on becoming independent.  There was no dispute about the application of the treaty to Ghana which is accepted as governing the situation…” Republic vrs Director of Prisons; ex parte allotey and another (no 3) ]1974] 2 glr 388, at page 391

Before the above decision of the Supreme Court, Apaloo CJ sitting as a High Court Judge had in the case of Republic vrs Director of Prisons; ex parte  allotey and another [1973] 2 glr 480, affirmed the extradition arrangement between Ghana and USA. The preeminent judge observed that “The condition of extradition that the crime must be punishable according to the law of the state of asylum and of the requesting state was satisfied. The offence of fraud by false pretences existed both in Ghana and in the United States and was an extradition crime in the treaty signed by Great Britain and the United States and continued in force by the Extradition Act, 1960,”.

Now, the offences for which Madam Sedina Tamakloe-Ationu has been convicted of and sentenced is part of the extraditable offences recognized under Act 22, as the First Schedule thereto lists the said extraditable offences to include: Misappropriations, Fraud and similar Offences;  as well as an offence under chapter 1 of part three of the criminal offences act, 1960 (act 30 ), which without doubt includes stealing and money laundering.

Therefore, it is just a matter of time that Madam Sedina Tamakloe-Ationu is arrested and brought to Ghana from the USA!