A newly constituted Court of Appeal panel failed to decide on the Attorney-General's application for a stay of execution in the Sedina Tamakloe Attionu case. This leaves the former MASLOC Chief Executive Officer incarcerated despite her recent acquittal. The panel, convened on an emergency basis, acknowledged that Ms. Tamakloe Attionu's lawyers were not properly served with the application.
The court's inability to reach a decision means Ms. Tamakloe Attionu will remain at Nsawam Prison. This situation persists as the courts head into a two-month legal vacation. The panel indicated it would seek a warrant from the Chief Justice to sit during this period to deliver a ruling. This development follows her acquittal and discharge by a different panel just one day earlier.
This incident raises significant questions about procedural fairness within Ghana's judicial system. It highlights the challenges of urgent legal proceedings, especially when they conflict with established rules of service. The case underscores the need for clear guidelines to prevent similar occurrences, ensuring that all parties receive adequate notice. Such issues can undermine public trust in the justice system's impartiality and efficiency.
A private legal practitioner, speaking anonymously, expressed deep concern about the proceedings. "What happened on Friday is deeply concerning from a fairness perspective," the practitioner stated. "A stay of execution application that could keep someone in prison — someone who has already been acquitted — was heard without giving the respondent's lawyers proper notice."
The practical effect of Friday's non-decision is that Ms. Tamakloe Attionu remains in Nsawam Medium Security Female Prison. She was acquitted and discharged by a unanimous Court of Appeal on Thursday, July 30. That appellate court, comprising Justices Emmanuel Ankamah, Emmanuel Senyo Amedahe, and Samuel Obeng-Diawuo, found that the prosecution had failed to prove its case beyond reasonable doubt. This acquittal should have led to her immediate release.
The Attorney-General's office filed an urgent application for a stay of execution hours after her acquittal. This application sought to prevent her release pending an appeal to the Supreme Court. Ms. Tamakloe Attionu's legal team only learned of the application through informal channels. Her lawyer, Mr. Enoch Deegbe, waived his right to file an affidavit to allow the case to proceed before the legal vacation. This was a significant concession, as procedural rules ensure both parties have time to prepare.
The newly constituted panel, made up of Justices Sophia Rosetta Bernasko Essah (presiding), Dr. Ernest Owusu-Dapaa, and Aryittey Armah-Tetteh, retired to deliberate for nearly two hours. They returned to announce their inability to agree on a ruling. This adjournment sine die, or indefinitely, means the matter is now in limbo until a warrant is secured from the Chief Justice. Both parties will receive hearing notices when a new date is fixed.
Ms. Tamakloe Attionu was extradited from the United States on June 9, 2026. She had been convicted in absentia by the High Court on April 16, 2024. The charges included 78 counts of conspiracy to steal, stealing, causing financial loss to the state, money laundering, and procurement-related offences. She had traveled to the US in 2021 for medical treatment with court permission. Her request for extensions was eventually refused, leading to her trial and conviction in her absence. She spent 6 months in jail in Nevada before her extradition to Ghana.
This situation highlights critical questions about the administration of justice. It questions how a court can hear an emergency stay application without proper service to the respondent. It also raises concerns about the fairness of compelling a respondent to waive procedural rights due to the legal year's end. The inability of a three-judge panel to reach a decision after extensive deliberation further complicates the matter. These issues demand careful review to uphold the integrity of Ghana's legal processes.