The Accra High Court has ordered Former Chief Executive Officer (CEO) of the National Petroleum Commission Corporation (GNPC), Alex Mould, and Gavivina Tamakloe, to produce former CEO of Microfinance and Small Loans Centre (MASLOC) Sedinam Attionu Tamakloe, by December 22.
The order was in relation to the two standing as sureties to enforce the GH¢5m bail condition set for Mrs Attionu, by the court.
The court, presided over by Justice Afia Asare-Botwe delivered the ruling yesterday after determining that the former MASLOC CEO had absconded.
Attionu has been charged with 78 counts of wilfully causing financial loss to the state, stealing, and contravention of the public procurement act, among other charges.
She is on trial with Daniel Axim, a former Operations Manager of MASLOC, but the two have pleaded not guilty to all the charges.
For a year now, Attionu has failed to appear before court after she was granted leave by the court to travel outside for medical reasons.
Mr Mould had tendered in letters, dated September 2021 and December 2021, that suggested how long Mrs Attionu’s treatment would take, and requested for a month and six weeks.
Justice Afia Serwah Asare Botwe, ruling on application for forfeiture of sureties filed by the Attorney-General’s Department, said accused had breached the terms of her bond and a liability accrues on the sureties.
The court said that forfeiture of bail bond was activated when accused jumped bail and the surety was unable to produce her.
Justice Botwe said “I have given the sureties on or before 22 December, 2022, to produce the accused”, adding that failure to produce her will result in a forfeiture of the bond.
The court said it will also consider an application for trial in absentia if the witness was not produced by the December 22 deadline.
Stella Ohene Appiah, a Principal State Attorney, moving the application for forfeiture of recognizance of sureties, contended that the former MASLOC CEO’s failure to return for the trial after being granted permission to travel meant that she had absconded.
This assertion was challenged by lawyer for Alex Mould, Dr Abdul Aziz Bamba, who argued that the state should take action to extradite accused to Ghana and face trial.
He argued that the Supreme Court had ruled that “the court cannot commit a surety to prison and that the execution of a bail bond is a contract
which did not make a party liable for a prison term for failing to fulfil a contract.”
According to the facts presented by Principal State Attorney, Mrs Attionu was accused of engaging in illegalities leading to alleged stealing and financial loss.
Ms Appiah said Mrs Attionu embezzled GH¢500,000 that was paid by a company which benefited from MASLOC support in 2014.
Ms Appiah also told the court that in 2013, following a fire disaster at the Kantamanto Market, then-President John Mahama directed MASLOC to provide assistance of GH¢1.46 million to victims of the disaster, but Mrs Attionu embezzled part of the money.
BY NANA BENTSI ODURO