Former Chief Operations Officer (COO) of Microfinance and Small Loans Centre (MASLOC), Daniel Axim, who is on trial for allegedly causing financial loss to the State alongside Christine Sedinam Tamakloe Ationu, displayed intense emotions in court.

Daniel Axim, after undergoing a mental examination at the Accra Psychiatric Hospital, has been declared mentally sound and fit to stand trial. His lawyer, Augustines Obour, had requested the court to refer him for a psychiatric examination.

Following the positive outcome of the medical evaluation, the prosecution expressed the intention to continue with the trial after the court had ordered both accused individuals to open their defense.

However, during the court session on Thursday, December 14, 2023, Daniel Axim informed the court that his lawyer, Augustines Obuor, was absent and had indicated to him that he was opting out of the case. When asked about legal fees, Axim stated that he had already paid all legal fees to his lawyer.

“As has been my usual practice, a day before the case, I will call him,” he told the Court.

“He told me that he is opting out of the case. I was very disturbed so I pleaded with him that with my current financial status, I cannot afford another lawyer,” emotionally stricken Daniel Axim said as he broke down in tears while searching for his handkerchief to wipe his tears.

Upon questioning by Justice Asare-Botwe, a Justice of the Court of Appeal presiding over the case as an additional High Court judge, the second accused confirmed that he had indeed paid his legal fees to his lawyer.

“My Lady, I have finished payment of whatever he (Lawyer) charged me,” adding, “I told him I will come and see him to see whatever reasons so I will plead with him so he comes back.”

Justice Asare-Botwe, upon hearing the concerning situation, expressed surprise that a lawyer would abandon his client after receiving full legal fees. The judge emphasized that, according to the rules of the court, counsel for the accused cannot opt out of the case without formal discharge by the court.

“By our ethical rules you (lawyer) cannot collect someone’s (accused) money in full according to you (Daniel Axim)” and decide not to represent his client.

The Court of Appeal judge said, “That’s is unethical and as for me I will not allow this to pass me by.”

“Why according to you (Daniel Axim), you have paid the lawyer in full and the lawyer has not come to the Court to be discharged only to decide to say he is out of the case?” Justice Asare-Botwe wondered.

The judge said, for a lawyer to withdraw his services he ought to have come to the Court with an application for the Court to discharge him upon hearing the reasons.

“I will not be like others… A lot of my colleagues see these things and do nothing about them, as for me, If I see something wrong I say it and report,” Justice Asare-Botwe stated emphatically.

The court indicated that, if the information provided by the accused is accurate, the lawyer would be reported to the Disciplinary Committee of the General Legal Council for appropriate action.

Justice Asare-Botwe, visibly upset, questioned why a case of this nature had been lingering in court for four years.

“How can I see through this as a professional person like (Mr Axim) been on interdiction be in Court for four years?”

“….What is wrong that an accused person who is presumed innocent be in court for four years when he is on half salary? ….Even those on full salary cannot bear this,” she said while acknowledging the tears of the Accused person in Court.

The court indicated that, if the information provided by the accused is accurate, the lawyer would be reported to the Disciplinary Committee of the General Legal Council for appropriate action.

Justice Asare-Botwe, visibly upset, questioned why a case of this nature had been lingering in court for four years.

Daniel Axim, the former Operations Manager of MASLOC, and “absconded” Mrs. Attionu have been charged with eighty counts of stealing, causing financial loss to the state, causing loss to public property, improper payment of public funds, unauthorised commitment resulting in financial obligation for the government, money laundering and contravention of the Public Procurement Act.

They have pleaded not guilty and admitted to bail while the prosecution has closed its case after calling four witnesses.

Mrs Tamakloe Attionu has since last year been declared absconded by the Court after failing to appear in Court.

The case has been adjourned to January 24, 2024.