Thursday, May 28, 2009

Case of alleged police robbers * Life of witness threatened

Saturday, May 23, 2009 (Page 21)

A Chief State Attorney, Ms Cynthia Lamptey, yesterday informed the Accra circuit court that the life of a prosecution witness in the case involving seven policemen and six civilians who are alleged to have robbed a businessman is being threatened.
According to the prosecutor, the witness, Mr George Kojo Agbelengo, had been receiving threatening telephone calls since he began testifying in the case.
Mr Agbelengo, the manager of the hotel where the victim, Mr Kwaku Duah, was assaulted and robbed on February 2, 2009, began testifying on Monday, May 18, 2009 and stated that he was present when Mr Duah was assaulted and robbed.
He specifically identified one of the accused persons, Chief Inspector Thomas Adu, as the person who assaulted and removed an envelope from Mr Duah’s pocket. He also stated that Adu assaulted Mr Duah with three other officers but stated that those officers were not among the accused persons.
Chief Inspector Adu is standing trial with DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of Mr Duah, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
At the court’s sitting in Accra yesterday, Ms Lamptey told the court that Mr Agbelengo, who was expected to continue answering questions under cross-examination, was being threatened through anonymous telephone calls.
The trial judge then advised the witness to have faith in God and not worry about those threats.
Mr Iddrisu said the important thing was for the witness to be truthful and just, adding, “I believe those calls will be tracked.”
Ms Lamptey then moved in and said that might not be possible, but the judge insisted it was possible.
He gave instances when some persons had been arrested and prosecuted for making threatening telephone calls, adding that “the National Communications Authority (NCA) has a way of tracking such calls”.
During cross-examination from counsel for Tawiah, Gyasi and Ampofo, the witness told the court that he did see Tawiah and Ampofo on the day that Duah was assaulted and robbed.
Mr Agbelengo told the court that he saw Gyasi sitting at the hotel’s restaurant with his hands folded and looking towards the hotel driveway but added that he did not see Gyasi partake in the assault and robbery of Mr Duah.
Hearing continues on Thursday, May 28, 2009.

I can't stop drinking alcohol * Suspect tells court

Saturday, May 23, 2009 (Page 27 - MIRROR)

AN orderly at the Maternity Block of the Korle-Bu Teaching Hospital stunned the Accra circuit court on Wednesday when he stated that he could not stop consuming alcohol.
Yaw Samuel, who has been accused of forcibly taking away a mango from a 10-year-old boy for his daughter and assaulted the boy in the process on May 9, 2009, admitted that he took in alcohol on the day of the incident.
When the trial judge, Mr D. E. K. Daketsey, queried Samuel whether he could not stop drinking alcohol, the accused said, “My Lord, I will limit it but I cannot stop.”
His answer was greeted with a burst of laughter from the audience who had gathered at the court waiting for their cases to be called.
Samuel pleaded not guilty to two counts of causing harm and assault and was granted bail in the sum of GH¢2,000.
He was ordered to reappear before the court on May 28, 2009.
In his explanation, Samuel told the court that he did not go to work on the day of the incident, adding that he took in little alcohol.
He also admitted taking the mango from the complainant’s grandson, saying that he gave it to his daughter.
He, however, denied assaulting the complainant.
The facts of the case are that on May 9, 2009, one of the complainants, Madam Elizabeth Nsoh, saw the second complainant, her grandson, crying.
She then asked him what the problem was and it was then that her grandson alleged that Samuel had slapped him, taken his mango and given it to his (accused person’s) daughter.
According to the prosecution, the accused hit Madam Nsoh hard on the mouth, resulting in her losing two teeth, while one got weakened in the process.
She then lodged a complaint with the police, who gave her a medical form to receive treatment.
The accused person was subsequently arrested.

Friday, May 22, 2009

Attack took less than 5 minutes - Witness

Friday, May 22, 2009 (Page 3 Lead)

A PROSECUTION witness yesterday told the Accra circuit court hearing the case involving six policemen and six civilians who are alleged to have robbed a businessman that the attack on and robbery of the businessman took less than five minutes.
Mr George Kojo Agbelengo told the court that the incident was so swift that he had difficulty recalling some of the accused persons and other details of the incident which occurred at the hotel where he happens to be the manager.
He said he was able to recognise one of the accused persons, Chief Inspector Thomas Adu, because of the active role he (Adu) played in the assault and robbery of Mr Kwaku Duah on February 2, 2009.
The witness also explained that a paper fell from Adu’s pocket while he (Adu) and Mr Duah were in a struggle.
According to the witness, that paper later turned out to be Adu’s compulsory retirement letter.
Chief Inspector Adu is standing trial with DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of the complainant’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Answering questions under cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, the witness informed the court that he could not remember the colour and size of the envelope which was removed from Mr Duah’s pocket because everything happened so fast.
He also told the court that he met Adu at the Greater Accra Regional Office of the Ghana Police Service after the incident but denied that he (witness) was able to identify Adu in court because he had met him at the Accra Regional Office.
The witness also denied an assertion from the prosecution that he (witness) met Mr Duah at the hotel around 7:45 p.m. on May 15, 2009.
Answering questions under cross-examination from counsel for Quansah, Mr Ekow Korsah, the witness said some of the policemen who attacked and robbed Mr Duah had earlier emerged from Mr Duah’s room with two civilians.
Mr Agbelengo informed the court that one of the accused persons who emerged from Mr Duah’s room was carrying a plastic bag.
He also told the court that the window to Room 108 where Mr Duah lodged was about three feet from the ground.
The witness could not identify Quansah as having been at the scene of the incident.
Mr Agbelengo told the court during cross-examination from counsel for Blejumah that he could not identify Blejumah as one of the policemen who attacked and robbed Mr Duah.
He also stated that he did not see guns when the police arrived.
Hearing continues today.

JB Plaza chairman charged for issuing dud cheques

Thursday, May 21, 2009 (Page 14)

THE Chairman of JB Plaza Limited, real estate company, Kojo Bekoe, has been arraigned at the Circuit Court in Accra for allegedly issuing false cheques totalling GH¢216,000 as repayment for financial assistance he sought from a businesswoman.
Bekoe was alleged to have approached the complainant, Madam Darling Tuffour, to offer him financial assistance to enable him to clear his goods at the port.
According to the prosecution, Madam Tuffour subsequently gave the accused person GH¢296,000 to enable him to clear his goods.
Bekoe pleaded not guilty to four counts of issuing false cheques.
The court, presided over by Mrs Ivy Heward-Mills granted Bekoe bail in the sum of GH¢300,000 with a surety by the court.
The court fixed Tuesday, May 26, 2009 as the date for hearing of the case.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that during the latter part of 2007, the accused person approached the complainant for financial assistance to enable him to clear his goods at the port.
On December 1, 2007, the complainant gave GH296,000 cash to Bekoe who in turn issued post dated HFC Bank with numbers 005907and 005812 and Zenith Bank cheques numbers 000248 and 000247.
When the cheques were presented on the due dates at the various banks, they were dishonoured on the grounds that there were insufficient funds in the accused person’s accounts to pay the cheques.
Upon realising that the cheques could not be honoured, Madam Tuffour immediately notified the accused person but he did not budge.
Madam Tuffour from then made all necessary efforts with the view of retrieving her money from Bekoe all to no avail.
She, therefore, had no alternative than to report the case to the Police, which led to the arrest of Bekoe.

3 Nigerians dragged to court for fraud

Wednesday, May 20, 2009 (Page 3 Lead)

THREE persons who allegedly used the address of a prominent law firm, as well as the names of justices of the Supreme Court, to defraud members of the public were yesterday arraigned before the circuit court in Accra.
The accused persons were alleged to have used the names of those prominent personalities, including that of a deceased Supreme Court judge, to convince their victims that they were genuine lawyers who needed money to retrieve an amount of $6.4 million belonging to a deceased client.
Kingsley Ikechukwu, Felix Eyakovie and Wilson Okemu, all Nigerians, were said to have succeeded in using the seals of the High Court, as well as important documents of the Judiciary, to defraud their victims.
The complainant, Mr Bernard Owusu-Twumasi, whose investigations were said to have unravelled the activities of the accused persons, told the court that the accused persons created an alternate law firm and used the detailed address of Oak House Law Firm to defraud unsuspecting members of the public, especially foreign nationals.
The original address of the complainant’s law firm is oakhouselawfirm.com, while the website used by the accused persons to defraud their victims was oakhouselawfirm.wetpaint.com, with telephone numbers 054 189 66 23 and 00 234 00 66 812. The accused persons were also alleged to have used the picture of a deceased lawyer, which is currently posted on the notice boards of the High Court, to decorate their website.
Mr Owusu-Twumasi told the court that the accused persons allegedly informed their victims that a client of theirs had died and left behind $6.4 million and for that matter they needed financial assistance to retrieve the money.
They were also alleged to have promised to substantially reward their victims if they (victims) were able to part with money in helping to retrieve the $6.4 million.
According to Mr Owusu-Twumasi, who is a legal practitioner at Oak House Law Firm, the law firm’s website had been blacklisted as a result of the activities of the accused persons.
The accused persons pleaded not guilty to two counts of attempting to defraud and forgery of documents.
They were each granted bail in the sum of GH¢50,000 with a surety each to be justified.
The court, presided over by Mrs Ivy Heward-Mills, also ordered that persons who would stand as sureties for the accused persons must provide passport size pictures to the registrar of the court.
The matter was adjourned to June 2, 2009.
Prosecuting, Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused persons were unemployed Nigerians who were resident at La in Accra.
He said they had been using the complainant’s law firm and other law firms to defraud unsuspecting members of the public.
According to the prosecution, on April 26, 2009, the complainant chanced upon a hard copy of an e-mail message purported to have originated from his law firm and sent by the accused persons to potential victims with the view to collecting various sums of money from them.
Kingsley allegedly assumed the name of Nana Elvis Gada and presented himself as a lawyer with the complainant’s law firm.
The complainant subsequently alerted the police, leading to the arrest of the accused persons.
The prosecution told the court that investigations were ongoing to totally unravel the gravity of the operations of the accused persons.

I was present when incident took place - Hotel Manager tells court

Tuesday, May 19, 2009 (Page 3 Lead)
A PROSECUTION witness yesterday told the circuit court hearing the case involving six policemen and six civilians who are standing trial for allegedly robbing a businessman that he was present when the businessman was assaulted and robbed.
Mr George Kojo Agbelengo, the manager of the hotel where the businessman, Mr Kwaku Duah, lodged, identified Chief Inspector Thomas Adu as one of those involved in the attack.
He said he also saw Adu removing an envelope from Mr Duah’s pocket after the latter had been assaulted by Adu and other police officers whom he could not identify.
Chief Inspector Adu is standing trial with DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Aams Amanor, a civilian friend of the complainant’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
DSP Kwapong has been charged with one count of conspiracy, while the other accused persons have been charged with conspiracy and robbery. They have all pleaded not guilty to the charges and have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Led in evidence by a Chief State Attorney, Ms Cynthia Lamptey, the witness told the court that Adu brutally assaulted Mr Duah, along with the other security officers but he could not identify the three others.
According to the witness, on February 2, 2009, Adu and the police officers arrived at the hotel in a Toyota Corolla saloon car and a Mercedes Benz saloon car.
Mr Agbelengo said two police officers whom he could not identify approached him and asked to see the occupant of Room 205 but he later found, after cross-checking, that there was no occupant in that room.
The witness said the police officers made a few calls and later informed him (witness) that they (police officers) were at the hotel to visit the occupant of Room 108, not Room 205.
The hotel manager said he then checked and found that the occupant of Room 108 was Mr Duah, adding that he called Mr Duah on the hotel’s intercom to inform him that policemen were looking for him.
According to the him, he later saw Mr Duah emerge from behind the building, while other policemen forcibly broke into his (Mr Duah’s) room, adding that Adu pounced on Mr Duah and began assaulting him immediately he (Adu) spotted Mr Duah.
He said Mr Duah was later shoved into the waiting Mercedes Benz saloon car and it was at that point that he saw Adu remove the envelope from Mr Duah’s pocket.
Mr Agbelengo said Aams arrived and told him (the witness) that he (Aams) had gone out to call genuine policemen because he (Aams) was suspicious of the policemen who had taken Mr Duah away.
The witness also informed the court that Aams told him (witness) that he (witness) should not worry about Mr Duah’s safety because the policemen would just beat him up, take his money and later release him, adding, “I wondered how Aams knew that.”
According to Mr Agbelengo, he, together with Aams, Mr Duah’s relative and one of the hotel workers, had gone to Mr Duah’s room to inspect the state of the room after it had been ransacked by the accused persons.
Asked what the state of the room was when they entered, the witness said, “The door was vandalised and the room was somehow ransacked.”
He said Mr Duah arrived in the night after he had been taken away in the morning and checked out of the hotel, with the explanation that he (Mr Duah) did not feel safe any longer.
During cross-examination from counsel for Agyapong, Mr Charles Lwanga Puozuing, the witness told the court that he could not recognise Agyapong as one of the police officers who had attacked and robbed Mr Duah.
He also told the court that he and three others, namely, Nana Kwaku Frimpong, Francis Felix Amuzu and Emmanuel Amuzu, witnessed the incident at the hotel.
Mr Agbelengo told the court during cross-examination from counsel for Muntari, Mr Shahadu Mohammed, that he could not remember whether or not Muntari had been present at the scene.
He explained that he could remember Adu because he (Adu) was more active during the raid at the hotel.
Counsel for Adu, Mr Kwame Nyankon-Tetteh, is expected to cross-examine the witness on Thursday, May 21, 2009.

Monday, May 18, 2009

Estate developer before court for stealing, causing damage

Monday, May 18, 2009 (Page 47)

AN estate developer, Mrs Maria O'Sullivan Jentu, last Friday appeared before the Accra circuit court charged with conspiracy, stealing and causing unlawful damage to property worth GH¢12,000.
Mrs Jentu was alleged to have led four armed soldiers, six armed policemen and eight land guards, without any demolition order from the court, to demolish the four-bedroom property of the complainant which was under construction.
The accused person was also alleged to have led her team to destroy a security kiosk and took away the complainant's working tools worth GH¢4,000.
Eighteen other accused persons are currently on the run.
Mrs Jentu pleaded not guilty to three counts of conspiracy, causing unlawful damage and stealing and was granted bail in the sum of GH¢30,000 with three sureties.
She is also to report herself to the police once a week.
According to the prosecution, Mrs Jentu was invited by the police after she had led the other accused persons to destroy Mr Anthony Kwarteng’s property but she refused to honour the invitation, saying police had nothing to do with land matters.
Prosecuting, an Assistant Superintendent of Police, Ms Mary Agbozo, told the court that in 2003, the accused person awarded a contract to the complainant for a road network and the demarcation of land on the Spintex Road for estate development.
Instead of paying the complainant, she gave him four plots of land to defray the cost of the contract and went ahead to provide him with the necessary documents covering the land.
In April 2009 the complainant, according to the prosecution, started developing the four plots, only to be confronted by one Mark Addo, who claimed to have purchased the same plots of land from the accused person for $52,000.
A report was made to the police and the complainant, the accused and Addo were invited.
Upon a lengthy interrogation, Addo and the accused were advised to stay away from the land since it became evident that the complainant was the rightful owner.
About 3:30 p.m. on Thursday, April 30, 2009, the accused was said to have called the police that she intended to demolish the whole structure put up by the complainant.
She subsequently led her accomplices to the site on May 2, 2009 and succeeded in demolishing the structure and took away workings tools worth GH¢4,000 belonging to Mr Kwarteng.
Counsel for the accused, Mr Joe Lassey, prayed the court to grant his client bail, since she was a responsible and disciplined business woman and would, therefore, co-operate with the court.
He said his client had worked hard over the years building more than 50 houses for sale and for that matter she and the complainant would resolve the matter amicably.
The trial judge then moved in and questioned counsel why his client had not earlier resolved the matter in a civil way with the complainant.
The case was adjourned to May 29, 2009.

'Sakawa' case: Hearing May 28

Saturday, May 16, 2009 (Page 3 Lead)

THE Accra circuit court has fixed May 28, 2009 as the hearing date in the case in which a 20-year-old man and his father have been accused of defrauding their victims under the guise of using 'dwarfs' to make them rich.
The young man, Nana Azumbi, his father, Samuel Akambo, 53, and five others are alleged to have played various roles leading to the defrauding of two persons to the tune of GH¢9,360.
Azumbi is alleged to have advertised on a private radio station that he had magical powers to quadruple the fortunes of individuals and succeeded in leading the victims to his father's 'shrine' at Kpone in Accra where they ended up losing their money.
In this particular case, the two and their accomplices, Alex Konadu, Malik Jabir, Kwame Adu Twum, Ernest Darko and Adu Gyamfi, who are all in their early 20s, are alleged to have defrauded a contractor to the tune of GH¢9,000.
Azumbi, Konadu, Jabir, Twum and Darko have also been accused of defrauding a businessman to the tune of GH¢3,600.
Gyamfi is currently on the run.
The accused persons have pleaded not guilty to two counts of conspiracy and defrauding by false pretence.
The court, presided over by Mr Justice D. E. K. Daketsey, granted each of the accused persons bail in the sum of GH¢20,000 with two sureties each. They were also ordered to report themselves twice weekly to the police.
In the GH¢3,600 case, the court granted each of them bail in the sum of GH¢3,000 with two sureties each.
The court also ordered the release of the Toyota Land Cruiser which was in Azumbi's possession on the day of his arrest to its original owner, Ibrahim Tawiah, after the prosecution had stated that investigations proved that the vehicle did not belong to Azumbi or any of the accused persons.
The prosecutor, Deputy Superintendent of Police Mr E. Y. Frimpong, also stated that investigations proved that Azumbi did not use the vehicle to commit any crime.
Reacting to a call by counsel for the accused to the court to grant the accused persons bail, the prosecutor said he was not opposed to the granting of bail but urged the court to take the gravity of the offence into account before granting the accused persons bail.
Accordingly, the presiding judge granted the accused persons bail and urged the security agencies to look into the Money Laundering Law.
He further urged the National Media Commission (NMC) to ensure that the media did not propound falsehood in the name of the freedom of the press.
He said the country would eventually grind to a halt if the NMC did not check the operations of media houses which used their outfits to churn out falsehood.
According to the facts of the case, Akambo, who operated from a room at Kpone, was alleged to be the man who mimicked the dwarfs when his son sent the victims to Kpone at midnight.
The room, according to the police, was a beehive of midnight activities when Azumbi and his accomplice father attended to their clients.
The unsuspecting victims were made to pay consultation fees which, when acceptable to the dwarfs, vanished.
The victims, according to the prosecution, were made to produce GH¢500 for the purchase of a special perfume for the rituals.
The accused were also alleged to have conjured wads of money in front of their victims.
When the confidence of the victims were won, the accused persons allegedly found a crafty way of destroying the money, while a bottle of perfume which was alleged to be used to quadruple the money was also spilled.
The victims were then queried for the mishap and thereby made to undergo or repeat the same expensive procedure.

Friday, May 15, 2009

'I wasn't arrested for dealing in drugs'

Friday, May 15, 2009 (Page 3 Lead)

MR Kwaku Duah, the businessman who was allegedly robbed by six policemen and their accomplices, has denied that he was arrested by the accused persons for dealing in narcotic drugs.
Rather, he stated that he was arrested, assaulted and kidnapped by the accused persons who had demanded that he pay them $30,000 or he would be framed up for dealing in drugs.
Answering questions under cross-examination from counsel for DSP Patrick Kwapong of the Rapid Response Unit (RRU) of the Ghana Police Service, Mr Ellis Owusu-Fordjour, the witness also denied an assertion that he dealt illegally in gold.
Mr Duah specifically mentioned DSP Kwapong as the one who had demanded $30,000 or have him (Mr Duah) published in the media for dealing in drugs.
DSP Kwapong is standing trial alongside Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah, Hans Amanor, a civilian friend of the complainant’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names were not provided are on the run.
The accused persons have pleaded not guilty to the charges of conspiracy and robbery. They have been refused bail by the court, presided over by Mr Mahamadu Iddrisu.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a cheque book and other items all valued at $4,000.
Mr Duah told the circuit court where the six policemen and six civilians are facing trial that it was not true that he had pleaded with DSP Kwapong to assist him (Mr Duah) to locate persons who had attacked him at the hotel.
During cross-examination from counsel for Adu, Mr Kwame Nyankon-Tetteh, Mr Duah explained that he wore baggy jeans and that was why he had been able to stuff the $53,000 and 800 Euros that he was robbed of into his pockets.
According to the witness, his lawyer was present when Mr Bright Oduro, the Deputy Accra Regional Commander, ordered DSP Kwapong and Adu to refund the moneys taken from him or face the full rigours of the law and disgrace.
Speaking through an interpreter, Mr Duah denied telling Mr Oduro that DSP Kwapong had not robbed him.
He told the court during cross-examination from counsel for Agyapong that he had kept the $53,000 and other valuables in his pocket on the day of the robbery to avert a possible theft from cleaners who might clean his room.
He also told the court that he did not understand why Muntari should sympathise with him to the extent of advising him (Mr Duah) whether or not he did know any influential person to assist him (Mr Duah).
Mr Duah also told the court that Muntari was not among the police officers who had taken him to DSP Kwapong at the Tesano Police after he had been robbed and assaulted by some of the accused persons.
Hearing continues today, May 15, 2009.

Kwaw Kesse in court

Thursday, May 14-21, 2009 (Showbiz newspaper)

HAPPY Chapell, the woman who has accused Kwaw Kesse alias "Abodam" for allegedly stealing her £7,000 yesterday retracted her earlier statement that she gave the money to the accused person on January 4, 2009.
According to Happy, a former lover of Kwaw Kesse, she made a mistake when she informed the court that she handed over the money to the accused person on January 5, 2009 around 11 am instead of January 4, 2009.
She had on Tuesday informed the court during her evidence-in-chief that the money was given to the Kwaw Kesse on January 4, 2009 but explained at the High Court's sitting in Accra yesterday that she rather arrived in the country on January 4, 2009.
Answering questions under cross examination from counsel for the accused person, Naa Odofoley Nortey, Happy told the court that Kwaw Kesse and his friend picked her up at the airport when she arrived from the United Kingdom on January 4, 2009.
She further stated that the accused person drove her to a hotel at Spintex Road where she lodged for four weeks and three days.
Kwaw Kesse has pleaded not guilty to one count of stealing and has been granted bail in the sum of GH¢15,000.
The accused person looked indifferent and sometimes smiled during Happy’s testimony.
The following transpired between Ms Nortey and Happy:
Ms Nortey: Do you still stand by your evidence that you gave money to the accused person on January 4, 2009 as you had earlier stated to the court?
Happy: No my Lord. It was on January 5, 2009.
Ms Nortey: So you were not truthful to the court?
Happy: I am no longer relying on that my Lord.
Ms Nortey: Who picked you at the airport?
Happy: The accused person and his friend.
Ms Nortey: Do you still stand by your evidence that you arrived on January 4, 2009 and went immediately into the hotel (Ms Nortey asked her that question in reference to a hotel bill which said Happy had checked in on January 5, 2009 and not January 4, 2009 as she (Happy) had stated in court.)
Happy: Yes my Lord.
Ms Nortey: Whose name is on that hotel bill.
Happy: It is my name but I did not book in. (The prosecution had objected to the tendering of the hotel bill in evidence but the objection was overruled).
Ms Nortey: What was the stage of your building project when you allegedly gave the money to the accused person?
Happy: Foundation stage. (She also explained that she gave the money to Kwaw Kesse because he was her lover).
Happy informed the court that she visited Ghana one and half years ago but could not recall the exact date she arrived or left because " I always came in a rush and left in a rush."
She, however, said she lived in the country for three months and further admitted sleeping with the accused person during her visit one and a half years ago.
The witness informed the court that she did not declare the £7,000 at the airport as was required by law adding that she arrived with £7,380 out of which she used £380 as pocket money.
Hearing continues on Thursday, May 28, 2009.

Supreme Court defers judgement in Tsatsu's case

Thursday, May 14, 2009 (Page 3 Lead)

THE Supreme Court on Wednesday, May 13, 2009 deferred ruling on the issue of whether or not Mr Tsatsu Tsikata can introduce fresh evidence in his allegation that the Executive and the Judiciary colluded to imprison him on June 18, 2008.
Rather, the court gave Mr Tsikata, a former Chief Executive of the Ghana National Petroleum Corporation (GNPC), three weeks to file his address on the effect of the pardon which was granted him by former President J.A. Kufuor after his conviction on June 18, 2008.
The court, presided over by Mr Justice William Atuguba, said it would then fix a date for ruling on the effect of the pardon on Mr Tsatsu.
Other members of the panel were Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice P. Baffoe-Bonnie.
In effect, the outcome of the decision of the court on the issue of pardon granted Mr Tsikata would eventually determine whether or not the court would allow him to introduce fresh evidence to the effect that the trial judge, Mrs Justice Henrietta Abban, had interacted with the Executive before convicting him.
According to Mr Tsikata, he had evidence to prove that there had been Executive interference in his trial and subsequent conviction.
The Supreme Court had, on the last adjourned date, dismissed an application moved by counsel for Mr Tsikata, Prof E.V.O. Dankwa, asking the court to set aside its own earlier order that submissions be filed by the parties on the effect of the presidential pardon.
Mr Tsikata, who had maintained that he was innocent since 2002 when the trial started, was convicted for causing financial loss to the state and has since been granted an absolute and unconditional pardon by former President Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocritical” and has since been granted bail by the Accra Fast Track High Court pending the outcome of an appeal he filed against his conviction.
The court will, at its next sitting, also decide on an application by Prof Dankwa for extension of time to file additional legal submissions in support of an application for a review of the decision of the Supreme Court in October 2008 dismissing Mr Tsikata’s application to quash certain decisions of Mrs Justice Abban leading to his conviction.
After rejecting the pardon, Mr Tsikata filed an application praying the Supreme Court to review its decision, which said the trial judge who had sentenced him had not been biased.
He filed a subsequent application for extension of time to enable him to introduce fresh evidence into his application for a review.
The Attorney-General, Mrs Betty Mould-Iddrisu, has indicated that she has reviewed cases being handled by her office, with a view to ensuring that principled positions consistent with the Constitution and the laws of Ghana are taken by her department.
In that regard, she had observed that at an earlier stage in the proceedings before the Supreme Court, a statement of case had been filed by her department raising the issue of the pardon granted by the former President to Mr Tsikata.
According to the Attorney-General, she would like to take permission from the court to withdraw the issue of the effect of the pardon on Mr Tsikata and subsequent issues that were filed by the Chief State Attorney because “the said submissions were filed without any reference to me and without my authority”.
Citing both local and foreign authorities to buttress her point, she noted that “a presidential pardon does not wipe out guilt”.
She said that was the position of the English Common Law, as shown by a statement in a case decided in England involving an accused, R.V. Foster (1985) Q. B. 115, which stated that: “A complete pardon is used to remove the ‘pains, penalties and punishments’ which flow from a conviction for a criminal offence but does not eliminate the conviction itself.”
The Attorney-General went on to refer to a case in Ghana involving Mr Kwame Pianim in which the Supreme Court decided that a pardon did not remove all disabilities.
That decision, according to the Attorney-General, was “binding” and she saw no reason why the court departed from “that authoritative pronouncement”, adding that the “issue of the pardon, therefore, has no relevance to the issues which are pending before this court”.
She was referring to a position by the Supreme Court which ordered parties in the matter to file addresses on the effect of the pardon to enable the court to rule on it.
“I am also unable, in good conscience, to oppose the application by counsel for Mr Tsikata to call further evidence to establish the issues which he seeks to bring before the court … If, indeed, there is evidence to this effect, it would be in the interest of justice that such evidence be heard,” the Attorney-General noted, especially having regard to the deposition by Mr Tsikata that “the evidence he now seeks to call was not available to him earlier because of the circumstances he found himself in”.
The Supreme Court then granted Mr Amponsah leave to withdraw the Statement of Case he had earlier filed.

Wednesday, May 13, 2009

STC to pay £607, 740 to a transport company

Wednesday, May 13, 2009 (Back Page Lead)

THE Commercial Court in Accra yesterday ordered Intercity STC Coaches Limited (STC) to pay £607, 740.00 or its cedi equivalent, being money owed a transport company, which supplied the STC with 13 luxurious buses and accessories.
The court also indicted the Managing Director (MD) of the STC, Mr Kwame Adjei-Sefah, for using the Eicher buses supplied from India to generate revenue for the STC for more than a year, only to reject them and claim, after the company had been sued, that the Board of Directors of the STC did not approve of the purchase of the buses.
Delivering its judgement in a suit brought against the STC by Svani Limited for non-payment of the buses, the Presiding Judge, Ms Justice Margaret Insaidoo, said Mr Adjei-Sefah, could not lay his "lapses" on Svani Limited.
The court held that there was overwhelming evidence to prove that STC acted in bad faith and it, therefore, accordingly, ordered STC to pay interest on the £607, 740.00 from December 2007 to the date of final payment.
It also awarded £60,000 costs against the STC in favour of Svani Limited, who had, in its statement of claim, stated that it had taken a loan from Fidelity Bank to purchase the buses for the STC and was currently suffering losses, due to STC's recalcitrance.
It further held that Mr Adjei-Sefah's claim that the buses were to be used for work to raise money to pay for the clearance of the buses and return buses to the plaintiff was "surely not a credible position".
According to the court, there was evidence that the buses embarked on more than 200 trips a month and "it, therefore, feels ill in the mouth for the defendant to reject the buses after depreciating them."
Citing authorities to buttress its decision, the court said from the evidence adduced, it had come to the conclusion that the conduct of the defendant was rather unfortunate and must be condemned in no uncertain terms.
It also ruled that Mr Ajdei-Sefah could not let Svani Limited suffer losses due to his failure to seek approval from the Board of Directors of the company before purchasing the coaches.
According to the court, it was clear that there was a contract binding STC and Svani Limited, and it was, therefore, unacceptable for the MD of the STC to claim that the agreement was based on alliance. In other words, on a "work-and-pay" basis and not a contract.
It held that the plaintiff was able to prove with documents that there was no alliance proposal between it (Svani Limited) and STC, adding that "it is on record that the plaintiff rejected the alliance proposal, but the defendant could not prove otherwise."
It said it would be unfair and unjustifiable to allow STC to go scot-free with its actions, adding that it was too late for the defendant to hide behind the explanation that the Board of Directors of the company, per its Chairman, Mr Stephen Sekyere-Abankwa, did not approve of the purchase.
"From the evidence adduced, there was a sale and purchase agreement. The defendant (STC) entered into agreement accepted the buses, utilised it for over a year and generated considerable income," the court held.
It added that "there was a binding contract for sale and purchase of the buses. The defendant is estopped from rejecting the buses after one year of use”.
The court upheld submissions from counsel for the plaintiff, Mr Barimah Manu, which stated, among others, that following several meetings and negotiations with Mr Adjei-Sefah and some officials of Fidelity Bank, the buses were supplied to the STC at competitive prices.
The plaintiff proposed that if the defendant was to order more than 10 buses, it stood to gain, because its mechanics would receive training in India, while special tools would be supplied to the STC at no additional cost. It also proposed to the supply of spare parts at discounted rates to the STC.
Plaintiff relied on its agreement with STC to borrow funds from the Fidelity Bank Limited and proceeded to order the buses on behalf of defendant at the price agreed by parties as well as the specifications provided by the defendant which included other extras such as the provision of DVDs, TV sets, curtains, among others.
The court upheld further submissions from the plaintiff that the defendant took delivery of the buses and other accessories that came with them and appropriated same to itself by taking all decisions relating to the buses unilaterally, and this included entering into contracts with MTN to advertise their products on the buses and keep the proceeds, and thus generated considerable revenue during the CAN 2008.
To date, the defendant paid only US$40,000 as part payment of the purchase price.

Supreme Court to rule on Tsatsu's case

Wednesday, May 13, 2009 (Page 31)

The Supreme Court will give its ruling today on whether or not Mr Tsatsu Tsikata can introduce fresh evidence in his allegation that the Executive and the Judiciary colluded to imprison him on June 18, 2008.
According to Mr Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), the trial judge, Mrs Justice Henrietta Abban, had interacted with the Executive before convicting him and, therefore, there had been an Executive interference in his trial and subsequent conviction.
Mr Tsikata, who has maintained his innocence from 2002 when the trial started, was convicted for causing financial loss to the state, and has since been granted an absolute and unconditional pardon by former President Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocritical”, and has since been granted bail by the Accra Fast Track High Court, pending the outcome of an appeal he filed against his conviction.
The court will also decide on an application by counsel for Mr Tsikata, Professor E.V.O. Dankwa, for extension of time to file additional legal submissions in support of an application for review of the decision of the Supreme Court in October 2008 dismissing the application of Mr Tsikata to quash certain decisions of Mrs Justice Abban, leading to his conviction.
After rejecting the pardon, Mr Tsikata filed an application praying the Supreme Court to review its decision, which said the trial judge, who sentenced him, had not been biased.
He filed a subsequent application for extension of time to enable him to introduce fresh evidence into his application for a review.
According to the applicant, the Trial Judge, Mrs Justice Henrietta Abban, had interacted with the Executive before convicting him and, therefore, there had been an Executive interference in his trial.
At the Supreme Court’s sitting on April 28, 2009, a Chief State Attorney, Mr Matthew Amponsah, drew the court’s attention to an application filed by the Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu.
In the said application, the Attorney-General indicated that she had reviewed cases being handled by her office, with a view to ensuring that principled positions consistent with the Constitution and laws of Ghana were taken by her department.
In that regard, she had observed that at an earlier stage in the proceedings before the Supreme Court, a statement of case had been filed by her department, raising the issue of the pardon granted by the former President to Mr Tsikata.
According to the Attorney-General, she would like to take permission from the court to withdraw the issue of the effect of the pardon on Mr Tsikata and subsequent issues that were filed by the Chief State Attorney, because “the said submissions were filed without any reference to me and without my authority”.
Citing both local and foreign authorities to buttress her point, she noted that “a presidential pardon does not wipe out guilt”.
She said that was the position of the English Common Law as shown by a statement in a case decided in England, involving an accused called R. V. Foster (1985) Q. B. 115, which stated that: “A complete pardon is used to remove the ‘pains, penalties and punishments’ which flow from a conviction for a criminal offence, but does not eliminate the conviction itself”.
The Attorney-General went on to refer to a case in Ghana, involving Mr Kwame Pianim in which the Supreme Court decided that a pardon did not remove all disabilities.
That decision, according to the Attorney-General, was “binding”, and she saw no reason why the court to departed from “that authoritative pronouncement”, adding that the “issue of the pardon, therefore, has no relevance to the issues which were pending before this court”. She was referring to a position by the Supreme Court which ordered parties in the matter to file addresses on the effect of the pardon to enable the court to rule on it.
The Attorney-General also made the court aware that “I am also unable, in good conscience, to oppose the application by counsel for Mr Tsikata to call further evidence to establish the issues which he seeks to bring before the court … If, indeed, there is evidence to this effect, it would be in the interest of justice that such evidence be heard”, especially having regard to the deposition by Mr Tsikata that “the evidence he now seeks to call was not available to him earlier because of the circumstances he found himself in”.
The Supreme Court then granted Mr Amponsah leave to withdraw the Statement of Case he earlier filed.
The Supreme Court earlier heard an application by Prof. Dankwa, counsel for Tsatsu Tsikata, asking the court to set aside its own earlier order that submissions be filed by the parties on the effect of the Presidential Pardon.
The Supreme Court dismissed the application and then adjourned the case to May 13, 2009 to give its rulings on the outstanding applications for a supplementary statement of case to be filed and for additional evidence to be called by Mr Tsikata establishing unconstitutional collusion between the Executive and the Judiciary.

6 alleged police robbers identified

Tuesday, May 12, 2009 (Page 3 Lead)

THE businessman who was allegedly robbed by six policemen and their accomplices at a hotel in Accra some time ago yesterday identified all the policemen as having played various roles in the robbery.
Mr Kwaku Duah told the circuit court where the six policemen and six civilians are facing trial for allegedly robbing him that the accused persons had threatened to publish that he (Mr Duah) dealt in cocaine if he failed to pay $30,000 to seal their mouths.
He specifically identified DSP Patrick Kwapong of the Rapid Deployment Unit (RDU) and Chief Inspector Thomas Adu as the ones who threatened him to confess to dealing in cocaine.
The witness, who was led by a Chief State Attorney, Ms Cynthia Lamptey, to give his evidence-in-chief that Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari and Constable Benjamin Blejumah were among those who had played various roles in the robbery, resulting in his sustaining severe injuries, as well as losing $53,000, 800 Euros and other valuable items.
Mr Duah particularly identified Adu as the person who severely assaulted him, handcuffed him and in the process took away his (Mr Duah’s) $25,000 on February 2, 2009.
He also alleged that DSP Kwapong authorised Corporal Quansah to take his (Mr Duah's) picture for publication in the media that he (Mr Duah) dealt in cocaine if he (Mr Duah) failed to pay $30,000, adding that Adu had threatened to further assault him (Mr Duah) if he (Mr Duah) did not admit dealing in drugs.
The policemen and Hans Amanor, a civilian friend of Mr Duah’s, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, and Bismark Ampofo have been charged with conspiracy and robbery and they have pleaded not guilty to the charges.
Constable Ken Duodu Acheampong, Jeffrey Kwame Attah, alias Kay, and three others whose names have not been provided are currently on the run.
They were alleged to have robbed Mr Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000. They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera and a Standard Chartered Bank cheque book, all valued at $4,000.
Mr Duah, who has since finished with his evidence-in-chief, told the court that DSP Kwapong authorised Quansah to record him (Mr Duah) that he (Mr Duah) dealt in drugs, adding that he was forced to oblige to avoid further assault, since he had already suffered in the hands of the accused persons.
He informed the court that Agyapong drove the Mercedes Benz saloon car which took him, after he had been assaulted and robbed, a soldier, Adu and another policeman to the Tesano Police Depot to meet DSP Kwapong.
According to the witness, a soldier who was not in court was also among the security officers who assaulted and robbed him, adding that Jeffrey, who had earlier pulled a gun on him in his (Mr Duah's) hotel room, showed up at the Police Depot with three wrapped parcels which were put on him (Mr Duah) for pictures to be taken.
Jeffrey is currently on the run.
The witness told the court that after undergoing the ordeal at the hands of the accused persons, both at the hotel and at the Tesano Police Depot, he lodged a complaint at the Greater Accra Regional Police Command the following day.
He said a paper which was picked up by the hotel manager and photocopied after the policemen had driven him (Mr Duah) out of the hotel later happened to be Chief Inspector Adu’s compulsory retirement letter.
According to the witness, he took the letter along with him when he went to the Accra Regional Police Command to lodge a complaint and it was there that he showed the paper to Mr Bright Oduro, the Deputy Regional Commander.
He said Mr Oduro called Chief Inspector Adu and DSP Kwapong, who both reported at the police station, adding that Amanor had told the police that he (Amanor) was the cause of Mr Duah's ordeal and for that matter he (Amanor) handed over documents covering his uncompleted building to pay for Mr Duah's loss.
He, however, stated that the moneys and other items were never refunded to him.
Narrating what led to his being assaulted and robbed at the court's sitting on Friday, May 8, 2009, Mr Duah said on arrival from abroad, he contacted Amanor, who happened to be his friend, and said he needed gold to purchase.
He said Amanor brought two men, including Jeffrey, to his hotel for the gold transaction to take place and further explained that he had to bring out two envelops, each containing $25,000, to convince the two men that he was serious in doing business with them.
According to the victim, while the transaction was going on with Jeffrey, Amanor and the other person whose name was not given, he (Mr Duah) received a call from the hotel lobby that some policemen were looking for him.
Speaking through an interpreter, Mr Duah managed to overpower Jeffrey, who was then wielding a pistol, and escaped through a small window to report the incident to the police, but on his way to the hotel lobby he met armed police officers and a soldier.
He said Adu slapped him, while the soldier punched his face, adding that Adu and the soldier removed the two envelops each containing $25,000, while he (Mr Duah) bled from the nose.

Nungua lands issue to be resolved in court

Tuesday, May 12, 2009 (Back page)

THE controversy surrounding the alleged sale or otherwise of lands recently released by the government to the chiefs and people of Nungua will be determined at the High Court.
This follows a suit filed by Nii Odai Ayiku IV, as Nungua Mantse, against Trassacco Limited, an estate development company, and five others at the Accra High Court over the government’s handing over of Nungua farmlands to the Nungua Stool.
The disputed land, popularly known as the Nungua Farmlands, is situated between Oyibi, Santeo and the Mamahuna Stream in the Greater Accra Region.
Others joined to the suit are the Attorney-General and Minister of Justice, the Lands Commission and Odehe Kpakpa King Odaifio Welentse III, to whom the lands were handed over on April 16, 2009 by the Minister of Lands and Natural Resources.
The rest of the defendants are Numo Borketey Laweh, the High Priest of the Gborbu Shrine of Nungua and the Chief Registrar of Lands at the Land Title Registry in Accra.
The plaintiff is praying the court to restrain Trassacco Limited from developing or continuing to develop any portion of the affected land, which he claimed was unlawfully allocated to the company by Odehe Welentse III and Numo Laweh and their agents.
Plaintiff is also praying for an order for perpetual injunction restraining the defendants from interfering with the affected lands in any way until the final determination of the matter, an order for recovery of possession of the affected lands, as well as damages for trespass against any and all allottees of any portion of the affected lands.
He also prayed the court for an order declaring the transfer of any portion of the disputed lands to Trassacco Limited as null and void and of no legal effect.
The writ of summons was filed on behalf of the plaintiff by an Accra-based legal practitioner, Mr Bright Akwetey,
The plaintiff is praying the court to declare as null and void the handing over of the Nungua Farmlands to the Nungua stool through Odehe Welentse III and Numo Borketey Laweh, since the process was wrongful and contrary to law.
He is also seeking an order declaring the Memorandum of Understanding (MoU) executed in respect of the land on September 21, 2008 between the government and Odehe Welentse III acting as Nungua Mantse for the Nungua Stool as null and void and of no legal effect whatsoever.
Nii Ayiku IV is urging the court to declare that Odehe Welentse III and Numo Laweh do not possess the authority to act for and on behalf of the Nungua stool for the people of Nungua.
He is also praying for an order restraining the Lands Commission and the Chief Registrar of Lands from registering any interest purportedly created and/or transferred by Odehe Welentse and Numo Laweh on any portion of the affected lands to any third party, among other reliefs.
The statement of claim averred that in 1940, the then government of the Gold Coast under Public Lands Ordinance of 1976, compulsorily acquired 2,570.05 acres of Nungua Stool Lands by certificate of title number 214/1940 for public purposes.
The plaintiff said in 1955, by an indenture dated December 16, 1955, the government ceded 945.827 of the land to the University College of Gold Coast for an animal husbandry project.
The plaintiff stated that the “Public Lands Ordinance, limited the use of public lands for public purposes only. Where, however, a public land is no longer required for the purpose for which it was acquired, the affected land is required to be returned to the original owners”.
Plaintiff asserts that while waiting to be offered the first option to re-acquire the lands in terms of Article 20 (5) and (6) of the 1992 Constitution, a publication in the Daily Graphic to the effect that the then Minister for Lands and Natural Resources in September 2008, had executed an MoU with Odehe Welentse by which MoU the minister proposed to hand over the Nungua Farm Lands to Odehe Welentse III.
It further stated that Odehe Welentse III was described as the Nungua Mantse in the said publication.
According to the plaintiff, on October 1, 2008, the GARHC determined that the plaintiff was the Nungua Mantse and that he was never destooled.
The plaintiff alleged that the new Minister of Lands and Natural Resources had caused unmitigated hardship, loss and deprivation to the people of Nungua by handing over the lands to Odehe Welentse and Numo Laweh, adding that, that hardship and loss could only be redressed by the court.
The plaintiff contended further that Odehe Welentse III was not the Nungua Mantse but an impostor who held himself out as such, adding that he, therefore, had no authority whatsoever to take custody of Nungua Stool Lands.
The plaintiff contended also that Odehe Welentse III and Numo Laweh were likely to register the affected lands or portions thereof in their own names, as well as in the names of members of their families at the Lands Title Registry.
The plaintiff stated further that the various public officers, bodies, institutions, politicians and other persons who were alleged to be beneficiaries of portions of the land in dispute were also likely to register the lands unlawfully allocated to them by Odehe Welentse III and Numo Laweh at the Lands Title Registry.
He said unless restrained by the court, the Chief Registrar of Lands would have no option but to allow the registration of the allottees of such lands as proprietors of same.
The plaintiff averred that the Nungua Stool would suffer immeasurable damage, loss, hardship and deprivation if the allocations made to various public officers, politicians and other persons, institutions and bodies were not nullified.

Case involving NIB MD adjourned

Saturday, May 9, 2009 (Page 3 Lead)

THE Accra Circuit Court has adjourned the case involving the Managing Director of the National Investment Bank (NIB), Daniel Gyimah, following a request from the Attorney-General’s Department.
The prosecutor in the case, Deputy Superintendent of Police Mr P. K. Frimpong, told the court at its sitting in Accra yesterday that he had received new directives from the Attorney-General’s office.
He, however, did not disclose what those directives were but asked for a month’s adjournment.
The court, presided over by Mr D. E. K. Dakatsey, obliged and adjourned the matter to June 5, 2009.
On March 20, 2009, the charge of wilfully causing financial loss to the state which was levelled against Gyimah was substituted to attempt to commit crime, to wit, causing financial loss to the state.
Mr Gyimah has also been charged with forgery of document in respect of an NIB report on goods under the control of the bank for ELAND International (GH) Limited, the company which was issued promissory notes to the tune of $60 million by Mr Gyimah.
The facts of the case are that on May 7, 2007 the accused, in an attempt to cause financial loss to the state, unilaterally entered into an agreement with ELAND International (GH) Limited in which he used the bank as a guarantor.
The prosecution said based on that guarantee, the accused issued 30 promissory notes, all valued at $60 million, to ELAND, of which his son, Stephen Poku Gyimah was secretary.
According to the it, the promissory notes were to mature on January 29, 2009 and within that period ELAND contacted IROKO Security Company Limited in London and discounted the $60 million promissory notes for $45 million.
It said on January 29, 2009, the International Banking Department of the NIB received a swift message requesting the NIB to confirm payment of the promissory notes.
According to the prosecution, Gyimah was notified of the irregularity of the message by the head of the International Banking Department but the MD ordered him to confirm and it was complied with.
It further stated that major documents on the deal between the NIB and ELAND could not be traced, as the accused claimed they were missing from the bank’s records.
The prosecution said the accused, in his statement, admitted having guaranteed on behalf of the bank, adding that he made a mistake by not contacting the board of directors of the bank.
It added that in the course of investigations, several documents, including a report on goods under the control of the NIB for ELAND, were detected to have been forged.

Student aids stealing from company

Saturday, May 9, 2009
THE Accra circuit court has convicted a third-year student of a private university in Accra for aiding a convict to steal GH¢33,850 belonging to Yasarko Printing Press Limited, a printing firm in Accra.
The student, Christian Aban, and another, Joseph Oppong, were found guilty for aiding Hanson Lawrence Agyare-Sefah, who is currently serving a three-year prison term, to steal the money.
Aban and Oppong, both former drivers of the printing firm, were each ordered to pay a fine of GH¢1,200 or in default serve six months’ imprisonment.
They were also ordered to pay GH¢900 and GH¢2,000, respectively, being what they got from the stolen GH¢33,850.
Aban was reported to have paid the GH¢1,200 and GH¢900 but Oppong was said to be in custody due to his inability to pay the GH¢1,200 and GH¢2,000 ordered by the court.
Their accomplice, Agyare-Sefah, was convicted in September 2008 after he had pleaded guilty for stealing.
The convict pleaded guilty at a time when he had opened his defence and given his evidence-in-chief and was expected to answer questions under cross-examination from Deputy Superintendent of Police (DSP) Eric Amoako.
The court found Agyare-Sefah guilty on 34 counts of conspiracy and stealing and sentenced him to three years’ imprisonment on each count. His sentence is to run concurrently.
Agyare-Sefah had admitted in his caution statement that he had forged the signature of the company's chief executive to steal money from its accounts.
According to the convict, he sneaked into the office of the chief executive, Mr Yaw Sarkodie, to steal an unspecified number of leaflets from Standard Chartered Bank cheque books and further admitted using part of the stolen money to purchase two Nissan Urvan buses.
The facts of the case are that on August 17, 2006, the accountant of Yasarko Press Limited detected the theft of 29 cheque leaflets from the company’s cheque books which were normally kept at the managing director’s office.
According to the prosecution, the accountant informed the managing director, who then followed up to the Dansoman branch of the Standard Chartered Bank where 13 photocopies of the stolen cheques were obtained.
Following the arrest of the convicts, the police retrieved four additional photocopies of stolen cheques from the bank.
It was later found out that ¢338.5 million had been withdrawn from the company’s accounts.
Security cameras at the Dansoman branch of the Standard Chartered Bank revealed Oppong and Aban cashing money with the stolen cheques on June 23 and 28, 2006, respectively, at the instance of Agyare-Sefah.
Forensic examinations revealed that Agyare-Sefah had prepared and signed all the cheques.
Investigations also revealed that he had cashed majority of the cheques, with Oppong and Aban cashing two of them.
The two mini-buses which Agyare-Sefah allegedly used the stolen money to purchase have been impounded by the police.
An amount of GH¢3,100 was also retrieved from his bank accounts.
The court has since ordered the police to return the impounded items to Mr Sarkodie.

Greater Accra Minister acquitted on contempt charges

Saturday, May 9, 2009 (Page 19)

THE Accra circuit court has acquitted and discharged the Greater Accra Regional Minister and three others after they had purged themselves of contempt of court.
The Regional Minister, Nii Armah Ashitey, and the others, Mr Fats Nartey, the Chief Director of the Regional Co-ordinating Council (RCC); Mr J.A. Tufuor, the Director of Administration, and Chief Okai, the Chief Security of the AMA, were alleged to have caused construction work on commercial stores and offices at the Tudu Lorry Park in Accra to be stopped on April 10, contrary to a court order.
Nii Ashitey was alleged to have directed Mr Nartey to communicate in writing to the AMA to stop the construction firm, Continental Sikaman Agencies Limited, from going ahead with work on the project on a piece of land leased to the company in order to allow market women to trade on the disputed land.
The four purged themselves through their lawyers at the court's sitting in Accra last Thursday.
The court then gave the contractor, Mr Kwabena Danquah, the go ahead to continue with construction work on the project. He was also given a three-month extension to make up for the time lost when the project was stalled as a result of the dispute.
Nii Ashitey was not present in court. He was said to be observing the election of a Presiding Member for the AMA. The three others were present.
The presiding judge, Mr Justice David K. Ofosu-Quartey, said it was honourable for the regional minister and the others to have purged themselves of the contempt.
He also commended the Deputy Attorney-General and Minister of Justice, Mr Ebo Barton-Oduro, for handling the issue maturely.
The court cautioned and discharged nine of the women who were identified as having directed or taken part in the destruction of the contractor's property.
On April 23, 2009, Mr Barton-Oduro intervened in the contempt case brought against the regional minister and the three others.
Some market women who besieged the court premises expressed their displeasure at the court’s decision.
In the substantive case, Mr Danquah said work began earnestly following the court’s order permitting his company to do so but in the course of the work, some people who identified themselves as members of the Tomato Sellers Association at Tudu persistently harassed the workers.
According to him, the women destroyed materials meant for construction work on February 18, 2009.
Mr Danquah said the company won the contract in 2007 after a competitive bidding to construct market stores and offices to rent out for 25 years.
On April 8 the court ordered the company to continue the work as scheduled but two days later Chief Okai and an AMA task force went to the site to stop work on the project.
An affidavit in support of Mr Danquah’s motion said his foreman was escorted to the Accra Regional Police Station where he was handed two letters written by Mr Nartey and Mr Tufuor, on the directives of the regional minister, ordering the stoppage of work on the project.
Mr Danquah further deposed that the regional minister also withdrew a criminal case which arose out of the legal battle between the women and the company from an Accra circuit court, although he was not a party to the case.
He contended that the women were not looking for space to carry out their work but rather sought to frustrate his company to stop the project altogether by conspiring with the respondents.
According to the applicant, the respondents had been aware of the court order and indicated that their conduct should not go unpunished.