The Supreme Court has ruled that the Receiver of defunct UniBank, Nii Amanoo Dodoo, can testify in the trial of Kwabena Duffour, and eight others.
Defence lawyers of the accused persons indicated that Nii Dodoo should not be allowed to testify.
They argued that the Receiver had breached sections of the Banks and Specialised Deposit Act, 2016.
The lawyers explained that he was appointed as Receiver of UniBank after being a partner of KPMG which audited the accounts of the bank.
But the State opposed the objection.
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Mrs Yvonne Attakora Obuobisa, the Director of Public Prosecution, admitted that Nii Dodoo was previously a partner of KPMG.
She, however, argued that his appointment as the Receiver was lawful.
Mrs Attakora Obuobisa urged the court to dismiss the objection since the witness met the requirement for qualifying to testify.
Mr Bright Mensah, a Court of Appeal Judge, sitting as an additional High Court judge dismissed the objection and upheld the Director of Public Prosecution’s arguments.
The judge said that Section 59 of the Evidence Act explains who was not qualified to testify.
It includes someone who was incapable of coherent expression to be understood, directly or through interpretation by another person who can understand that person; or incapable of understanding the duty of a witness, to tell the truth.
