On Friday, 18^th December 2020, the Financial and Economic Crime Division Two (2) High Court presided over by Her Ladyship Justice Afia Serwah Asare-Botwe (Mrs) handed a guilty sentence to the former Accountant of the ECOWAS Regional Electricity Regulatory Authority (ERERA), Mr Iddrisu Adam.

The Accused stood trial on charges of Stealing, Defrauding by False Pretences, Forgery of Official Document and Possession of Forged Document contrary to sections 124(1), 131 (1), 158 and 166 of the Criminal Offences Act, 1960 (Act 29) and also sections 107, 108, 115 and 123 of the Electronic Transactions Act 2008 (Act 772). He was also charged with Money Laundering contrary to section 12(1) of the Anti-Money Laundering (Amendment) Act 2014 (Act 874).

He was found guilty on all the offences charged and sentenced to terms of imprisonment of eighteen (18) years in hard labor (IHL) on counts related to Forgery of Official Documents and eighteen (18) years IHL on counts related to Possession of Forged Documents. He was also sentenced to eighteen (18) years IHL on counts of Defrauding by false pretences, eighteen (18) years IHL on counts of Stealing and six (6) years imprisonment IHL on counts related to Money Laundering. The sentences are to run concurrently.

The court further ordered the forfeiture of all sums of money standing to the credit of the accused in any bank account and paid to the Complainant, ERERA. Additionally, measures are to be put in place to commence confiscation proceedings against assets suspected to be acquired from proceeds of the crime.

PLEA

The accused person Iddrisu Adam stood on trial on seven (7) counts of Forgery of Official Documents, seven (7) counts of Possession of Forged Documents, one (1) count of Defrauding by False Pretences, two (2) counts of Stealing and two (2) counts of Money Laundering to which he pleaded not guilty.

IN COURT

The Accused was first arraigned before the court on 3^rd November 2017 after being charged on Nineteen (19) counts of offences.

On 9^th April 2018, the counsel for the accused brought an application to set aside the action or trial for want of jurisdiction on the basis of Diplomatic Immunity.

It was held by the court on 23^rd April 2008 that no such immunity existed for the Accused in his own country. The application was thus dismissed and the trial resumed.

In the course of the trial, when prosecution was yet to call its last witness on 21^st October 2019 in order to close its case, the accused failed to turn up in court and thereafter. It became apparent that the Accused had absconded. A warrant was subsequently issued for his arrest. All efforts to find him proved futile.

The prosecution filed an application pursuant to Article 19(3) of the 1992 Constitution, for the Accused, Iddrisu Adam to be tried in absentia since he had disabled himself of the opportunity to take part in the trial although he had been duly notified.

The application was granted and the prosecution was ordered to serve copies of the order on the Lawyer on record, post at the Accused’s last known place of abode, serve on his Wife, post on the Notice board of the court and a single publication made in a newspaper of National Circulation.

The orders were duly carried out after which the trial resumed.

Upon completion of the prosecution’s case, Her Ladyship Afia Serwaa Asare-Botwe found the accused guilty of all 19 counts.

BACKGROUND

On 27^th October 2017, the Economic and Organised Crime Office received a complaint from the ECOWAS Regional Electricity Regulatory Authority (ERERA), Accra that the Accused, Iddrisu Adam and some other persons had defrauded them. The accused was the accountant of ERERA employed in 2009. He was later suspended by ERERA for financial irregularities.

Investigations revealed that the accused took advantage of the absence of role segregation in the Accounts Department of ERERA and defrauded the Authority.

Investigations also revealed that Iddrisu Adam forged and possessed letters which appeared to have been written by council members of the Authority and used them to authorize payments of huge sums of money into accounts of a company known as Approach Enterprise, some fictitious accounts and his own personal accounts all at Guaranty Trust Bank and Ecobank Ghana Limited. He executed this in connivance with other persons.

Investigations further revealed that the accused forged signatures of council members in official letters of ERERA. The accused in the course of his duties managed to possess and forged a stamp of ERERA and used same for unlawful financial activities. A search conducted in His office revealed the forged ERERA stamp.

Investigations also revealed that Iddrisu Adam defrauded ERERA to the tune of USD$ 2,123,696 and he intentionally and dishonestly appropriated USD$ 914,768 which belonged to ERERA.

EOCO took steps to freeze the personal accounts and other assets of the accused during the course of investigations.

It is for these reasons that the accused, Iddrisu Adam was charged and arraigned before the Accra High Court for trial. 

Source: Intelligence Unit & Public Affairs Unit