As regards the Vouchers, the Court notes that on the date the Memos were
approved and the Payment Vouchers were issued out, which all occurred on
the 11th of April 2007, it was strangely stated in the Payment Vouchers and
Certified by Mr. Paul Yani CPA, (the Accountant) that: “I, Certify that the Services/Goods have been duly performed/received,
that Financial Authority GH/07 is held to incur this Expenditure and that
the relevant D.V.E. Account Entries have been made.”
This Certification implies that the Services/Goods were performed and
already delivered, which by the logical sequence of events, was a near
impossibility at the time the Cash were released. All the Defendant had to
say in this regard, was that he would not be surprised because it is purely an
Administrative Function he was not privy to.
Further, the Bank Statements of the Government House Account from where
the Fundswere released was not furnished in Court. However, the fact that
the Defendant did not categorically deny that the Money was not released,
did not make the Bank Statement a contention to be resolved. Had he denied
that the Money was not released, then the Bank Statement would have come
into contention.
The next sequence of events to be considered is the Physical Custody of the
Monies. Mr. Dennis Nev, in both his Extra-Judicial Statement before the EFCC
and this Court, had consistently maintained the point, that he took the
Monies into the Governor’s Office in Ghana-Must-Go Bags, and gave the
Monies to the Governor, thereby ending the Role he played in this
Transaction. He had also been given the Funds in Cash by Mr. Paul Yani in his
own Office and then in company of Mr. Paul Yani, had delivered the Cash to
the Defendant in person.
The Defendant, on the other hand, had denied the receipt of the Cash
delivered by Mr. Nev to his Office. Learned Counsel to the Defendant had
extensively questioned Mr. Nev on the description of the Governor’s Office,
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