"Action against Nana Konadu not abuse of power"

December 5, 2007 (Page 31)

Story: Mabel Aku Baneseh

THE Attorney-General on Monday told the Fast Track High Court that the institution of criminal action against former First Lady, Nana Konadu Agyeman Rawlings, and four others for causing financial loss to the state was not an abuse of his powers.
Mr Joe Ghartey, who is also the Minister of Justice, said the institution of criminal action against the five was based on the Auditor-General's report on the malfeasance committed by the accused persons in the acquisition of the GIHOC/Nsawam Cannery.
The Attorney-General was replying to a submission by counsel for Nana Konadu Agyeman Rawlings, and two others, who was praying the Accra Fast Track High Court to stay or, in the interim, dismiss the case in which his clients had been accused of allegedly causing financial loss to the state.
On November 15, 2007, Mr Tony Lithur stated that the criminal proceedings brought against his clients amounted to an abuse of power by the Attorney-General.
Nana Konadu Agyeman Rawlings, Sherry Ayittey, the Managing Director of Caridem Development Company Limited (CDCL) and Caridem as an entity, filed the application for permanent stay of proceedings because the subject matter for which they were standing trial was being contested in another court in a civil suit brought against the Divestiture Implementation Committee (DIC) and the Attorney-General by CDCL over the takeover of the GIHOC Nsawam Cannery.
Also standing trial alongside the applicants are Emmanuel Amuzu Agbodo, a former Executive Secretary of the Divestiture Implementation Committee (DIC) and Kwame Peprah, a former Minister of Finance and former Chairman of the DIC.
They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement, obtaining public property by false statement and altering forged document.
They have denied the offences and have been admitted to self-recognisance bail.
The accused persons were alleged to have caused a loss running into billions of cedis to public property in 1995, following the divestiture of the GIHOC Cannery at Nsawam, a government cannery, which was acquired by Caridem Development Company Limited, which was owned by the 31st December Women’s Movement (DWM).
Replying to submissions by counsel, Mr Ghartey described the application as unmeritorious, adding that it was totally unknown in criminal law and the Constitution.
He said the effect of the application was to interfere with powers of the Attorney-General in Article 88 of the Constitution.
According to the Attorney-General, for the applicants to request the court to stay proceedings in a criminal matter suggested that they (applicants) were above the law.
He said the Auditor-General was empowered by law to investigate matters and accordingly make recommendations and for that purpose, his outfit was acting in accordance with the Auditor-General's recommendations.
He further argued that the applicants did not come under any statutory provision, adding that the court should not entertain the accused persons’ application.
Counsel for the applicants are expected to respond to the Attorney-General's submissions on points of law today.
The court, on July 13, 2006, dismissed an application filed by the applicants praying the court to stay proceedings, pending the outcome of a civil suit which had connection with the criminal case brought against the applicants and two others.
However, the court dismissed the application and described it as premature.
All the accused persons were present in court.
As usual, supporters of the accused persons were on the court premises in their numbers and were drumming and dancing to show their solidarity to the accused persons.