foe As IN THE SUPERIOR COURT OF JUDICATURE ant" | IN THE HIGH COURT OF JUSTICE " ;; a. ACCRA 2020 Case No. i/ THE REPUBLIC Cie pi o2y ¢[>0 = VRS. KWABENA DUFFUOR HODA HOLDINGS LIMITED JOHNSON PANDIT ASIAMA KWABENA DUFFUOR II EKOW NYARKO DADZIE-DENNIS ELSIE DANSOA KYEREH JEFFREY AMON BENJAMIN OFORI KWADWO OPOKU OKOH 2 Pe a pene Count One Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis, in 2014 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢48,269,477.75 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Page 1of 26Count Two Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, in 2014 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢48,269,477.75 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Three Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor Il 2) Ekow Nyarko Dadzie-Dennis in 2014 in Accra in the Greater-Accra Region transferred the sum of GH¢48,269,477.75 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime. Count Four Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1)Kwabena Duffuor II and 2) Ekow Nyarko Dadzic-Dennis, in 2015 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢164,051,706.14 which was entrusted to you in trust for depositors of uniBank Ghana Limited, Page 2 of 26Count Five Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offenc: 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, in 2015 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢ 164,051,706. 14 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749) Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Demnis in 2015 in Accra in the Greater-Accra Region transferred the sum of GH¢164,051,706.14 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime. Count Seven Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuer II and 2) Ekow Nyarko Dadzie-Dennis, in 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to Page 3 of 26dishonestly appropriate the sum of GH¢332,039,936.46 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fight Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, in 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢332,039,936.46 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Nine Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis in 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢332,039,936.46 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime. Count Ten Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Poge 4 0f 26Particulars of Offence 1) Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis, in 2017 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢63,522,592.32 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Eleven Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Demnis, in 2017 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢63,522,592.32 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Twelve Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis in 2017 in Accra in the Greater-Accra Region transferred the sum of GH¢63,522,592.32 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime. Count Thirteen Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Page $ of 26.Particulars of Offence 1)Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis, in 2018 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢5,432,500.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fourteen Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1)Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, in 2018 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢S,432,500.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifteen Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis in 2018 in Accra in the Greater-Accra Region transferred the sum of GH¢5,432,500.00 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime. Page 6 of 26Count Sixteen Statement of Offence Dishonestly receiving contrary to section 146 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence Kwabena Duffuor between January 2014 and February 2018 in Accra in the Greater-Accra Region dishonestly received the sum of GH¢663,283,917.19 knowing it to have been obtained by means of a criminal offence. Count Seventeen Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence Kwabena Duffuor between January 2014 and February 2018 in Accra in the Greater-Accra Region took possession of the sum of GH¢663,283,917.19 knowing it to be proceeds of crime. Count Eighteen Statement of Offence Dishonestly receiving contrary to section 146 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence HODA Holdings Limited between January 2014 and February 2018 in Accra in the Greater-Accra Region dishonestly received the sum of GH¢663,283,917.19 knowing it to have been obtained by means of a criminal offence. Page 7 of 26Count Nineteen Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence HODA Holdings Limited between January 2014 and February 2018 in Accra in the Greater-Accra Region converted the sum of GH¢663,283,917.19 knowing it to be proceeds of crime. Count Twenty Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor I and 2) Ekow Nyarko Dadzie-Dennis, on or about 27 April, 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢35,000,000.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited Count Twenty-One Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, on or about 27" April, 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of Page 8 of 26GH¢35,000,000.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Twenty-Two Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749) Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on 27% April, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢35,000,000.00 to Ghana Oil Company Limited knowing it to be proceeds of crime Count Twenty-Three Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis, between November 2015 and September 2017 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢74,394,280.92 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Twenty-Four Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29) Page 9 of 26Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis between November 2015 and September 2017 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢74,394,280.92 which was entrusted to you in trust for depositors of uniBank Ghana Limited Count Twenty-Five Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749) Particulars of Offence Kwabena Duffuor If 2) Ekow Nyarko Dadzie-Dennis between November 2015 and September 2017 in Accra in the Greater-Accra Region transferred the sum of GH¢74,394,280.92 to related parties of uniBank Ghana Limited knowing it to be proceeds of crime, Count Twenty-Six Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis, in June 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of $13,454,483.47 which was entrusted to you in trust for depositors of uniBank Ghana Limited, Page 10 of 26Count Twenty-Seven Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis in June 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of $13,454,483.47 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Twenty-Eight Statement of Offence Money Laundering contrary to section 11) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis in June 2016 in Accra in the Greater-Accra Region transferred the sum of $13,454,483.47 to a related party of uniBank Ghana Limited knowing it to be proceeds of crime. Count Twenty-Nine Statement of Offence Contravention of the Bank of Ghana Act, 2002 (Act 612) contrary to sections 46(h) and 67(a) of the Bank of Ghana Act, 2002 (Act 612), Particulars of Offence Johnson Pandit Asiama in or about September 2016 in Accra in the Greater- Accra Region granted a facility in the sum of GH@300 million to Universal Merchant Bank for the benefit of unibank Ghana Limited without satisfying the prescribed conditions set out in the Bank of Ghana Act, 2002 (Act 612). Page 11 of 26Count Thirty Statement of Offence Wilfully causing financial loss to the Republic contrary to section 179A(3)(a) of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence Johnson Pandit Asiama in or about September 2016 in Accra in the Greater- Accra Region, wilfully caused financial loss of GHC150 million to the Republic. Count Thirty-One Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor If and 2) Ekow Nyarko Dadzie-Dennis, on or about 5 December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢146,867,169.26 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Thirty-Two Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor Il, 2) Ekow Nyarko Dadzie-Dennis, on or about 5% December 2016, in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢146,867,169.26 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Page 12 of 26Count Thirty-Three Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on 5 December 2016, in Accra in the Greater-Accra Region transferred the sum of GH¢ 146,867, 169.26 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime Count TI Statement of Offence our Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II, and 2) Ekow Nyarko Dadzie-Dennis, on or about 5 December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢67,314,119.25 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Thirty-Five Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, on or about the 5 December 2016 in Accra in the Greater-Accra Region dishonestly appropriated Page 13 of 26the sum of GH¢67,314,119.25 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Thirty-Six Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor I 2) Ekow Nyarko Dadzie-Dennis on 5t December, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢67,314,119.25 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Thirty-Seven Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960, Act 29. Particulars of Offence 1) Kwabena Duffuor I, and 2) Ekow Nyarko Dadzie-Dennis, on or about 5% December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢61,194,653.86 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Thirty-Fight Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Page 14 of 26Particulars of Offence 1) Kwabena Duffuor II, and 2) Ekow Nyarko Dadzie-Dennis, on or about 5% December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢61,194,653.86 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Thirty-Nine Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on 5‘ December, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢61,194,653.86 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Forty Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II and 2) Ekow Nyarko Dadzie-Dennis on or about 5th December 2016 in the Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢36,716,792.32 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Page 15 of 26Count Forty-One Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29} Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, on or about St December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢36,7 16,792.32 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Forty-Two Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on 5'" December, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢36,716,792.32 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Forty-Three Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act 1960, Act 29. Particulars of Offence 1) Kwabena Duffuor I, and 2) Ekow Nyarko Dadzie-Dennis, on or about St December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢5,048,560.05 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Page 16 of 26Count Forty-Four Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor Il, 2) Ekow Nyarko Dadzie-Dennis, on or about 5® December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢5,048,560.05 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Forty-Five Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor Il 2) Ekow Nyarko Dadzie-Dennis on 5 December 2016 in Acera in the Greater-Accra Region transferred the sum of GH¢5,048,560.05 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Forty-Six Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II, and 2) Ekow Nyarko Dadzie-Dennis, on or about 5‘ December 2016 in Accra in the Greater-Accra Region agreed to act together with Page 17 of 26@ common purpose to dishonestly appropriate the sum of GH¢4, 130,637.15 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Forty-Seven Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, on or about 5” December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢4,130,637.15 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Forty-Eight Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on 5'* December, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢4,130,637.15 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Forty-Nine Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Page 18 of 26Particulars of Offence 1) Kwabena Duffuor II, and 2) Ekow Nyarko Dadzie-Dennis, on or about 6% December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢1,588,831.35 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, on or about 6t December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢1,588,831.35 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty-One Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1)Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on or about 6% December, 2016 in Accra in the Greater-Accra Region transferred the sum of GH¢1,588,831.35 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Page 19 of 26Count LY: 1O Statement of Offence Conspiracy to commit crime namely fraudulent breach of trust contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, and 2) Ekow Nyarko Dadzie-Dennis, on or about 6% December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate the sum of GH¢1,941,901.45 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty-Three Statement of Offence Fraudulent breach of trust contrary to section 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, on or about 6% December 2016 in Accra in the Greater-Accra Region dishonestly appropriated the sum of GH¢1,941,901.45 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty-Four Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1)Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis on or about 6t December, 2016 in Accra in the Greater-Accra Region transferred the sum of Page 20 of 26GH¢1,941,901.45 to Merchant Bank Ghana Limited for the purchase of adb Bank shares knowing it to be proceeds of crime. Count Fifty-Five Statement of Offence Conspiracy to commit crime, namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor I, 2) Ekow Nyarko Dadzic Opoku Okoh between November 2013 and February 2014 in Accra in the Dennis, and 3) Kwadwo Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate an amount of $9,546,600.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty- Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, 3) Kwadwo Opoku Okoh between November 2013 and February 2014 in Accra in the Greater-Accra Region dishonestly appropriated an amount of $9,546,600.00 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty-Seven Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749) Page 21 of 26Particulars of Offence 1)Kwabena Duffuor Il 2) Ekow Nyarko Dadzie-Dennis between November 2013 and February 2014 in Accra in the Greater-Accra Region transferred the sum of $9,546,600.00 to WAICA Reinsurance Corporation Ple for the purchase of shares in WAICA Reinsurance Corporation Ple knowing it to be proceeds of crime. Count Fifty-Eight Statement of Offence Conspiracy to commit crime, namely fraudulent breach of trust, contrary to sections 23(1) and 128 of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, and 3) Kwadwo Opoku Okoh between November 2016 and December 2016 in Accra in the Greater-Accra Region agreed to act together with a common purpose to dishonestly appropriate an amount of $9,167,357.12 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Count Fifty-Nine Statement of Offence Fraudulent breach of trust, contrary to section 128 of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis, 3) Kwadwo Opoku Okoh between November 2016 and December 2016 in Accra in the Greater- Accra Region dishonestly appropriated an amount of $9,167,357.12 which was entrusted to you in trust for depositors of uniBank Ghana Limited. Page 22 of 26Count Sixty Statement of Offence Money Laundering contrary to section 1(1) (a) of the Anti-Money Laundering Act, 2008 (Act 749). Particulars of Offence 1)Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis between November 2016 and December 2016 in Accra in the Greater Accra Region transferred the sum of $9,167,357.12 to WAICA Reinsurance Corporation Plc for the purchase of shares in WAICA Reinsurance Corporation Plc knowing it to be proceeds of crime. Count Sixty-One Statement of Offence Conspiracy to commit crime, namely falsification of accounts, contrary to sections 23(1) and 140(1)(a) of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor I, 2) Ekow Nyarko Dadzie-Dennis, and 3) Benjamin Ofori in January 2016 in Accra in the Greater-Accra Region with intent to defraud agreed to act together with a common purpose to falsify accounts of uniBank Ghana Limited to reflect an amount of GH¢227,450,000 as loans. Count Sixty-Two Statement of Offence Falsification of accounts contrary to section 140(1)(a) of the Criminal Offences Act, 1960 (Act 29). Page 23 of 26Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis 3) Benjamin Ofori in January 2016 in Accra in the Greater Accra Region, with intent to defraud, falsified accounts of uniBank Ghana Limited to reflect an amount of GH¢227,450,000 as loans which you knew to be false. Count Sixty-Three Statement of Offence Conspiracy to commit crime, namely falsification of accounts, contrary to sections 23(1) and 140(1)(a) of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, 3) Elsie Dansoa Kyereh and 4) Jeffrey Amon in November 2016 in Accra in the Greater-Accra Region with intent to defraud agreed to act together with a common purpose to falsify accounts of uniBank Ghana Limited to reflect an amount of GH¢601,305,250 as loans. Count Sixty-Four Statement of Offence Falsification of accounts contrary to section 140(1)(a) of the Criminal Offences Act, 1960 (Act29) Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis 3) Elsie Dansoa Kyereh 4) Jeffrey Amon, in November 2016 in Accra in the Greater Accra Region, with intent to defraud, falsified the accounts of uniBank Ghana Limited to reflect an amount of GH¢601,305,250 as loans which you knew to be false. Page 24 of 26Count Sixty-Five Statement of Offence Conspiracy to commit crime, namely falsification of accounts, contrary to sections 23(1) and 140(1)(a) of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II, 2) Ekow Nyarko Dadzie-Dennis, 3) Elsie Dansoa Kyereh 4) Jeffrey Amon in November 2017 in Accra in the Greater-Accra Region with intent to defraud agreed to act together with a common purpose to falsify accounts of uniBank Ghana Limited to reflect an amount of $71 million as loan. Count Sixty. Statement of Offence Falsification of accounts contrary to section 140(1)(a) of the Criminal Offences Act, 1960 (Act29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis 3) Elsie Dansoa Kyereh 4) Jeffrey Amon, in November 2017 in Accra in the Greater-Accra Region, with intent to defraud, falsified the accounts of uniBank Ghana Limited to reflect the sum of $71 million as loans which you knew to be false. Count Sixty-Seven Statement of Offence Conspiracy to commit crime namely falsification of account, contrary to sections 23(1) and 140(1)(a) of the Criminal Offences Act, 1960 (Act 29) Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis 3) Elsie Dansoa Kyereh and 4) Jeffrey Amon in December, 2017 in Accra in the Greater Accra Region Page 25 of 26agreed to act together with a common purpose to falsify the accounts of uniBank Ghana Limited to reflect an amount of GH¢102,000,000.00 as loans. Count Sixty-Eight Statement of Offence Falsification of accounts contrary to section 140(1)(a) of the Criminal Offences Act, 1960 (Act 29). Particulars of Offence 1) Kwabena Duffuor II 2) Ekow Nyarko Dadzie-Dennis 3) Elsie Dansoa Kyereh 4) Jeffrey Amon, in December 2017 in Accra in the Greater Accra Region, with intent to defraud, falsified the accounts of uniBank Ghana Limited to reflect an amount of GH¢102,000,000.00 as loans which you knew to be false. DATED AT THE OFFICE OF THE ATTORNEY-GENERAL THIS 2... DAY OF FEBRUARY 2020. JANN basen YVONNE ATAKORA OBUOBISA DIRECTOR OF PUBLIC PROSECUTIONS FOR: ATTORNEY-GENERAL THE REGISTRAR HIGH COURT ACCRA Page 26 of 26IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE ACCRA - A.D. 2020 Case No. REPUBLIC VRS. 1, KWABENA DUFFUOR 2. HODA HOLDINGS LIMITED 3. JOHNSON PANDIT ASIAMA 4, KWABENA DUFFUOR II 5. EKOW NYARKO DADZIE-DENNIS. 6. ELSIE DANSOA KYEREH 7, SEFFREY AMON 8. BENJAMIN OFORI 9. KWADWO OPOKU OKOH FACTS Kwabena Duffuor, the 1* accused person, is a shareholder of uniBank Ghana Limited (uniBank) and the ultimate beneficial owner of HODA Holdings Company Limited (HODA). HODA, the 2"4 accused person, is a holding company and the majority shareholder of uniBank. Johnson Pandit Asiama, the 3" accused person, was the 24 Deputy Governor of the Bank of Ghana (BOG) between April 2016 and January 2018. The 4' accused person, Kwabena Duffuor Il, formerly a Chief Operating Officer (COO) of uniBank subsequently became the Chief Executive Officer (CEO) of uniBank between June 2017 and March 2018. The 5% accused person, Ekow Nyarko Dadzie-Dennis, who was a COO of uniBank is a member of the Board of Directors of WAICA Reinsurance Corporation Plc (WAICA-Re), Sierra Page 1 of 5Leone. The 6" accused person, Elsie Dansoa Kyereh, was an Executive Head of Corporate Banking at uniBank. The 7 accused person, Jeffrey Amon, was a Senior Relationship Manager of Corporate Banking at uniBank. The 8t accused person, Benjamin Ofori was the Executive Head of Credit Risk at uniBank. The 9" accused person, Kwadwo Opoku Okoh, was a Financial Control Manager of uniBank and is Head of Finance of HODA. UniBank went into official administration on 20" March 2018 and was placed in receivership on 1% August 2018. KPMG, the Official Administrator, in the course of its duties discovered that about GH¢5.7 billion had become due from shareholders of uniBank as of 20% March 2018. No security nor proper credit arrangements were made for the payment of the amount which remains unpaid. The debt of GH¢5.7 billion was made up of two components, namely, a Deferred Expenditure Account (DEA) together with other balances of about GH¢3.7 billion and secondly, Loans and Advances made up of about GH¢2 billion. The DEA was a general ledger account created and operated for the benefit of shareholders of uniBank. The GH¢3.7 billion was also made up of a number of transactions of which about GH¢2.4 billion constituted direct payouts for the benefit of shareholders. Out of the amount of GH¢2.4 billion, the 4 and 5" accused persons acting in concert dishonestly appropriated funds out of customer deposits and borrowings from BOG for the benefit of shareholders through a variety of means including the use of petty cash vouchers and cash pay-in slips amounting to about GH¢613 million. Out of the amount of GH¢613 million, various payments were dishonestly made to the accounts of related parties of uniBank including the 24 accused person (HODA), HODA Properties, Numa Logistics, Integrated Properties, Topp Recruitment and Bolton Portfolio without recourse to due process contrary to proper banking practice. Corresponding entries were also dishonestly posted to the DEA. The 1% and 24 accused persons between January 2014 and February 2018 dishonestly received over GH¢663,283,917.19 through subsidiaries of the 2"¢ Page 20f5accused person out of customer deposits with uniBank that were dishonestly transferred and recorded in the DEA. It was also discovered that in April 2016, an amount of GH¢35million was dishonestly paid from uniBank funds to Ghana Oil Company Limited (GOIL) for the purchase of shares in GOIL for the benefit of Starmount Development Company Limited (Starmount), a related party. The amount of GH¢35 million was also posted to the DEA at the instance of the 4* and 5 accused persons. Between November 2015 and September 2017, at the instance of the 4 and 5t accused persons, various dishonest payments amounting to GH¢74 million were made by uniBank to fund a commercial printing and label manufacturing company, uniPrecision Printing and Packaging Company Limited (uniPreci: ion), also a subsidiary of HODA. These payments were charged to the DEA. UniBank failed to recover these funds from uniPrecision. Between December 2015 and June 2016, uniBank applied for various liquidity support of GH¢200 million, GH¢350 million and GH¢450 million from BoG out of which only GH¢150 million was paid leaving an overdue amount of GH¢850 million excluding interest. Whilst still in default in the repayment of the BoG liquidity support of GH¢850 million, uniBank borrowed several amounts through overnight interbank borrowings. In September, 2016, the 3"! accused person, even though aware that uniBank was in a poor liquidity state and still in default of repayments due BoG contrived a scheme whereby the 3" accused person gave approval for the disbursement of a GH¢300 million unsecured facility to Universal Merchant Bank Limited (UMB) for the benefit of uniBank without following prescribed mandatory statutory conditions. GH¢150 million of the facility remains unpaid. On 5'* December 2016, uniBank borrowed GH¢400 million from BoG as overnight borrowing in addition to other borrowings from the interbank market. Despite its weak liquidity position, uniBank, at the instance of the 4*» and 5 accused persons, dishonestly transferred a total of about GH¢325 million through UMB as payment Page 3 of 5for 51% adb shares, in the names of Belstar Capital Limited (Belstar), Starmount, SIC Financial Services Limited (SIC-FSL), EDC Investments Limited (EDC), Oscar Yao Doe and Mark Blewunyo Cofie. The balance of the outstanding GH¢850 million liquidity support from BOG was still due at the time uniBank transferred the amount of GH¢325 million funds to purchase the adb shares which compelled BOG to nullify the purchase of the shares. ‘The second component of GH¢2 billion due to uniBank by shareholders included 31 fictitious loans amounting to over GH¢ Lbillion created at the instance of the 4", 5t, 6t, 7% and 8 accused persons. Investigations disclosed that none of the customers in whose names the fictitious loans were created applied for, received nor were granted any loan facility by the bank. As a result of the dishonest conduct of the 4%, 5th, 6%, 7 and 8th accused persons, the outstanding balance due to the bank on the DEA was dishonestly excluded from uniBank’s assets in its prudential returns to BoG and its annual financial statements thereby misreporting its true state of affairs to the regulatory authorities and users of its financial statements. ‘The 4* accused person on 6' June 2016 dishonestly authorised the establishment of a Letter of Credit (LC) by uniBank in the sum of $12.5 million for the benefit of uniPrecision for the purchase of equipment. Investigations revealed that no equipment was purchased. Payments in respect of the LC were made by uniBank to Ecobank, Paris. The total amount paid in that transaction was about $13.5 million inclusive of interest ‘The 4%, 5t and 9 accused persons, acting in concert between November 2013 and February 2014, dishonestly appropriated the sum of about $9.5 million ostensibly for the purchase of shares in WAICA;Re in the names of Telemedia Communications (Telemedia), Crown Insurance Brokers (Crown Insurance), uniCredit Ghana Limited (uniCredit), HODA, uniBank, uniSecurities Ghana Limited {uniSecurities) and the 1% accused person, Kwabena Duffuor. Investigations disclosed that Telemedia, Crown Insurance, uniCredit, uniSecurities and the 1st accused person held no shares in WAICA-Re. Page 4of 5Again, between 30th November 2016 and 23" December 2016 the 4%, St and 9 accused persons caused further dishonest transfers to WAICA-Re amounting to about $9 million ostensibly as payments for WAICA-Re rights issue in the names of uniBank, Crown Insurance, Star Micro Insurance, HODA, Star Assurance Limited and StarLife Assurance Limited bringing the total transfers to WAICA-Re to about $18.5 million, It emerged that Crown Insurance and Star Micro Insurance held no shares in WAICA-Re. On 14% June 2017, the 4%, 5 and 9' accused persons dishonestly caused the entire 4,113,113 shares held by uniBank in WAICA-Re valued at $4,113,113 to be transferred to HODA without any consideration. Investigations revealed that the transfer of these shares did not go through due process. It was further revealed that the 4%, 5% and 9 accused persons had resorted to an orchestrated scheme to fraudulently cover up uniBank’s real stake in WAICA-Re and to facilitate a falsification of the actual state of affairs of the bank in breach of banking regulations. Based on these facts, the accused persons have been arranged before this Honourable Court for trial. Page Sof 5