Monday, February 22, 2010

Daramani Sakande files submission of no case

Monday, February 22,2010 (Page 55)

THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, has filed a submission of no case.
The MP was expected to open his defence at the Fast Track High Court in Accra yesterday but his counsel, Mr Egbert Faibille Jnr., informed the court that after carefully studying the record of proceedings in the case, it had become abundantly clear that the prosecution had failed to prove a case against the MP.
For that reason, Mr Faibille said the defence had decided to file a submission of no case.
A Chief State Attorney, Mr Rexford Owiredu, did not take kindly to the defence counsel's submission on the grounds that the court at the close of the prosecution's case directed the MP to open his defence.
He further argued that the defence did not make the submission of no case timeously.
However, the trial judge, Mr Justice Charles Quist, said in the interest of justice he would study the defence team's submission and further directed the prosecution to respond to the defence team's submission of no case on or before March 12, 2010.
The case was accordingly adjourned to March 12, 2010.
On February 10, 2010, Mr Faibille told the court that he received the last chunk of the record of proceedings a day earlier and for that reason he would need a week to study it.
On February 2, 2010, the State announced that it had closed its case after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
He pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.

Lotto operators lose appeal

Saturday, February 20, 2010 (Page 14)

THE three-year legal tussle between the Ghana Lotto Operators Association (GLOA) and the National Lottery Authority (NLA) has hit a dead end following the refusal of the Supreme Court to overturn its affirmation of the outlaw of private lotto in the country.
The seven-member review panel of the Supreme Court by a unanimous decision dismissed the GLOA's application which prayed the court to review its decision which upheld the National Lotto Act (Act 722) which, in practicality, had banned private lotto in the country.
The court, presided over by Mr Justice William Atuguba with Ms Justice Sophia A. Akuffo, Professor S. K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah, Mr Justice P. Baffoe-Bonnie and Mr Justice B. T. Aryeetey, said there was no mischief on the part of the NLA as alluded to by the GLOA.
"In view of the intractability and abuse of the process indulged in by the applicants, we award GH¢10,000 costs against each applicant in favour of the respondent," the court ordered.
The applicants in the case, namely GLOA, Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Limited, Dan Multi-Purpose Trading Enterprise Limited, Star Lotto Limited and From-Home Enterprises, have indicated that they would petition the government because of the huge number of jobs that would be lost following the court's decision.
According to the applicants they did not enter into any form of negotiations with the NLA on the surrender of their equipment.
“Where there are no terms, much more terms determined through negotiations between the parties..., any order of this honourable court that allows the NLA to seize the property of the GLOA amounts to a fundamental or basic error on the part of this honourable court, which will occasion a miscarriage of justice,” the application for review pointed out.
According to the application, the ruling of the court amounted to allowing the NLA to carry out its threat against the GLOA.
The applicants had stated in their application that they were likely to suffer greater hardship when the NLA was given the free hand to take over their equipment when no terms had been agreed upon or adjudged by a court of competent jurisdiction but the court held a different view and accordingly dismissed their application.
However, the court dismissed their claims and stated that "there is no subsisting of mischief which this court needs to redress in the interest of justice as at now."
The Supreme Court, on July 22, 2009, quashed an order by the Accra Fast Track High Court which gave the nod to private lotto operators to operate in the country and maintained that the lower court exceeded its authority by allowing the applicants to operate private lotto business in the country.
The General Secretary of the GLOA, Mr Seth Amoani, told reporters that an executive council meeting would be held to deliberate on the next line of action.

Nana Darkwa Baafi released on bail

Saturday, February 20, 2010 (Page 3 Lead)

THE chaos and extreme anger displayed by supporters of a radio panellist who was remanded in custody by the Accra circuit court on Thursday melted yesterday when he was released on bail by a High Court.
Hundreds of supporters, some clad in New Patriotic Party (NPP) apparel, sang and danced in jubilation when Nana Darkwa Baafi walked out of the court premises after signing his bail bond.
Baafi had been remanded in custody for two weeks by the circuit court barely seven hours after he was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to get President J. E.A. Mills to relocate him.
However, his counsel, Mr Kwame Akuffo, filed a bail application at the High Court, on the grounds that the crime Baafi was alleged to have committed was a misdemeanour for which bail could be granted.
Counsel had also argued that the case against his client had been overblown, with the reason that the accused person’s statement was totally harmless.
The prosecution did not oppose the grant of bail to Baafi.
Subsequently, the court, presided over by Mr Justice Abdullai Iddrisu, granted Baafi bail in the sum of GH¢400 with a surety.
He is expected to reappear before the circuit court on March 3, 2010 for the substantive case to continue.
Baafi has pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
After his release around 11.40 a.m., excited supporters, family members and sympathisers carried him shoulder high and sang victorious songs.
Baafi told reporters that he had spent the night at Burma Camp under the watch of Military Policemen and not in prison custody.
He also stated that he had been treated well by the Military Police and thanked all who supported him in his turbulent moments.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and during the discussions the host raised the issue of the recent fire outbreak at the former President’s residence.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away to safety.
It further stated that Baafi admitted the offence during interrogation at the Accra Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.

Friday, February 19, 2010

Radio panellist remanded

Friday, February 19, 2010 (Page 3 Lead)

THERE was chaos on the premises of the Cocoa Affairs Court when a radio panellist was whisked away by security forces after he had been remanded in prison custody for allegedly publishing false news with intent to cause alarm.
Supporters of Nana Darkwa Baafi, who was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills, did not take kindly to Baafi’s remand.
They were incensed to the extent that they hurled curses at the trial judge and the security men who whisked the accused person out of the court premises to begin serving his remand.
Some of the supporters wore New Patriotic Party (NPP) apparel and openly expressed their anger and wondered how a harmless statement of such nature could cause Baafi’s remand.
Baafi pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code but he was refused bail by the court, presided over by Mr C.A. Wilson.
He was remanded to reappear on March 3, 2010.
Counsel for the accused person, Mr Kwame Akuffo, prayed the court to admit Baafi to bail on the grounds that the accused person’s statement was totally harmless.
Reacting to the court’s remand of the accused person, counsel stated that he would appeal against the decision.
Counsel said he totally disagreed with the judge’s decision to remand his client and asked where the ingredient of harm was.
He further argued that the ingredients of offence contradicted the facts of the case.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of the former President.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.

Thursday, February 18, 2010

2 Withdraw from lawyers' trial • But counsel says it's illegal

Thursday, February 18, 2010 (Page 3 Lead)

THE trial of the two lawyers who are alleged to have forged a High Court judgement to deprive a Tarkwa-based businessman, Mr Samuel Etroo, of his gold mining concession has taken another twist, with two shareholders indicating their disinterest in the case.
Messrs Anthony Osei Ameyaw and Michael Andoh wrote letters to the Attorney-General and other authorities withdrawing the case instituted by the complainant, Mr Etroo, against the two lawyers, Kwame Asamani and E. K. Amua-Sekyi.
But Mr Etroo has challenged the action of the two, claiming that they are not shareholders in his company and have, therefore, acted illegally.
The letters from the two gentlemen, dated February 4, 2010 and copied to the Chief Justice, the Director of Public Prosecutions (DPP), the Circuit Court judge hearing the case and the prosecutor in charge of the case, sought to withdraw the case against the two on the grounds that they (the authors) were majority shareholders of Mr Etroo’s company and for that reason they had the largest interest in the Esaase Gold Concession.
The two also stated that Mr Etroo compromised himself and for that reason they were withdrawing the case to pave way for dialogue with the current holder of the concession, Keegan Resources.
However, a letter dated February 8, 2010, written on behalf of Sametro Company Limited by Mr Joe Aboagye Debrah, a legal practitioner, and addressed to the Attorney-General and other authorities, said the two individuals were neither shareholders of the company nor complainants in the case.
According to counsel, Messrs Ameyaw and Andoh had “no legal capacity or whatsoever to direct or purport to direct a halt to the criminal proceedings currently pending in Circuit Court 7, Cocoa Affairs, Accra, before Mrs Justice Bartels-Kodwo”.
The letter further stated that the offences being tried were of such nature “that even our client cannot demand an end to the said criminal trial. With respect, only the Attorney-General, under law, has the power to file a nolle prosequi in the matter which, to all intents and purposes, will be unwarranted in the circumstances”.
The accused have pleaded not guilty and have been granted bail in the sum of GH¢80,000, with two sureties each to be justified.

Tuesday, February 16, 2010

Rokko Frimpong soldiers trial: 5 soldiers freed

Tuesday, February 16, 2010 (Page 30)

THE premises of the Osu District Magistrate’s Court was greeted with spontaneous jubilation when five soldiers who were alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, were set free.
The soldiers hugged and kissed their spouses and family members, who were on the court premises when an Assistant Superintendent of Police, Mr Patrick A. Morkeh, informed the court that the Attorney-General had filed a nolle prosequi in the case, meaning the A-G had discontinued prosecution of the soldiers.
Family members of the soldiers poured talcum powder on the freed soldiers to signify victory.
Following the prosecutor’s submissions, the trial judge, Mr Emmanuel Bart Brew Plange, accordingly discharged Sergeants Michael Arthur, Richard Somuah, Lamptey Hazel and Corporals Charles Ankumah and Emmanuel Antwi
The five were first arrested by the BNI in November 2009 and later discharged by the Human Rights Court on December 15, 2009 but were re-arrested barely 72 hours after their release from detention.
Counsel for the soldiers, Mr Joe Aboagye Debrah, described the release of the soldiers as a “welcoming relief”.
He said it was unfortunate the freedom of the soldiers was taken before their innocence could be proven and expressed the hope that the state would in future conduct more thorough investigations into criminal matters before denying persons their freedom.
Last Friday, the Office of the Attorney General said the state decided to issue a nolle prosequi in the case involving the soldiers.
According to the statement, although the Attorney General was not obliged to disclose reasons for the nolle prosequi, the state had taken into consideration the public interest the case had generated, adding that “after reviewing the two case dockets in existence over the murder of Rokko Frimpong, it has come to the conclusion that it is more justifiable to prosecute the suspects who were initially charged by the police for the murder”.
It, however, further noted that there were still questions concerning the involvement of the soldiers in the re-denomination exercise and the AG had advised the BNI to sustain its inquisition of the five soldiers, with particular reference to their role and possible involvement with regard to the re-denomination exercise, which took place in July 2007.
The court on February 4, 2010 gave the prosecution two weeks to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers were remanded to reappear on February 19, 2010, but had to be brought before the court yesterday for their formal discharge.
The facts of the case, as presented by the prosecution, were that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise, which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.

Two jailed 10 years each for robbery

Saturday, February 13, 2010 (Page 19)

TWO robbers who claimed to be fishermen were yesterday sentenced to 10 years’ imprisonment each with hard labour after pleading guilty to committing robbery.
Jeremiah Quarshie, 18, and Benjamin Nii Kwei Kotey, 20, admitted robbing the complainants of two cellular phones, personal effects and cash of GH¢149 at knife point.
The presiding judge, Mr C. A. Wilson, took the ages of the convicts into consideration before sentencing them.
The facts of the case were that on February 7, 2010, the complainant and her fiancé went to a beach resort for relaxation and around 4 p.m. the convicts and another now at large emerged from a nearby bush and rushed on them.
In the process, Jeremiah threatened to stab the complainant, while Benjamin violently instructed the complainant to hand over her handbag.
The complainant, out of fear, obliged and handed over her handbag to the convicts, who fled immediately they laid hands on the bag.
However, the complainant raised an alarm and a mob managed to arrest the convicts, after giving them a chase through the bush.
The complainant's items were retrieved from the convicts but the knife used in committing the robbery was not found.
According to the prosecution, the convicts, in their caution statements, claimed that they had found the complainant's bag and its contents on a canoe unattended to and, out of interest, Benjamin took it.

Thursday, February 11, 2010

4 jailed for possessing narcotics

Thursday, February 11, 2010 (Page 38)

FOUR Americans and Nigerians have admitted to possessing cocaine and heroin, amidst pleas for mercy from the Accra Fast Track High Court which heard their case.
For saving the court’s time and energy, the four were sentenced to a total of 40 years’ imprisonment, while it ordered the destruction of the narcotics they possessed, in the presence of the police and court officials.
Each of them is to serve a minimum of 10 years’ imprisonment.
Shadrak Bamfo Ntiamoah, a 24-year-old fire officer, and Abena Serwah, a 19-year-old student, both Americans, pleaded guilty to possessing cocaine, while the two Nigerians, Benedict Onwuka and Friday Mgbanya, pleaded guilty to possessing 533 grammes of heroin and 388.53 grammes of cocaine, respectively.
A third American, Joanne Gabriel, however, pleaded not guilty to possessing narcotic drugs without lawful authority and was remanded in custody by the court, presided over Mr Justice Charles Quist.
The facts of the case were that the Americans were, on September 9, 2009, arrested at the Kotoka International Airport (KIA) on suspicion of carrying narcotic drugs.
Besides concealing the suspected drugs in the three pairs of snickers they were wearing, Abena and Joanne had stuffed their private parts with four large lump-size drugs. Joanne alone carried three of the four lump-size drugs in her private parts. Shadrack also concealed 19 pellets of the suspected drug in his underwear.
They were arrested while going through departure formalities to travel to New York. The three convicts arrived in Ghana on September 2, 2009, on the sponsorship of someone identified only as Alhaji Saibu, while one Abubakari Issaka, based in the US, was said to be the owner of the said drugs.
According to the prosecution, efforts to track down the said Alhaji and Abubakari had proved futile.
Counsel for the convicted Americans prayed the court to temper justice with mercy and sentence the two to two years’ imprisonment each but the judge reminded counsel that the law did not allow the courts to jail a drug trafficker less than 10 years.
On the part of Benedict, he was arrested by officials from the Narcotics Control Board (NACOB) at the KIA on August 11, 2009 after he had arrived from Afghanistan onboard an Emirates airline and was suspected of carrying narcotic drugs.
According to the prosecution, Benedict confessed to ingesting narcotic drugs and was placed under observation, during which he expelled 33 pellets of heroin.
Before his conviction, Benedict pleaded for mercy on the grounds that his father was dead, making him the breadwinner of the family.
Friday pleaded guilty to possessing cocaine and told the court that he did that out of frustration. He also promised the that court he would not commit that offence again.
He was arrested at the KIA on June 11, 2010 by NACOB officials after he had disembarked from an Emirates airline en route to Abidjan.
During interrogation, the convict denied carrying narcotic drugs but his urine tested positive for narcotic drugs, prompting NACOB officials to take him for an X-ray.
The X-ray proved he was carrying foreign materials in his stomach and within 48 hours he expelled 27 pellets of substances suspected to be cocaine.
According to Friday, someone he only named as Jerry gave him the drugs to be delivered in Abidjan for a fee of $1,500.
All sentences are to take effect from the day each of the convicts was arrested.

Bawku MP's defence deferred

Thursday, February 11, 2010 (Page 3 Lead)

THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, could not open his defence yesterday because his lawyers could not have access to the record of proceedings in the case on time.
Counsel for the MP, Mr Egbert Faibille, told the court that he received the last chunk of the record of proceedings yesterday morning and for that reason he would need a week to go through them with the MP before the MP opened his defence.
Asked what her views were, the acting Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to use its discretion.
Subsequently, the trial judge, Mr Justice Charles Quist, adjourned the case to February 19, 2010.
On February 2, 2010, the State announced that it had closed its case after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
He pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.

Tuesday, February 9, 2010

Plea of soldiers thrown out • In trial of Mobilla's alleged killers

Tuesday, February 9, 2010 (Page 3 Lead)

THE Court of Appeal yesterday declined to stay proceedings in the criminal case involving two soldiers who are standing trial at the Fast Track High Court for allegedly murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla.
The soldiers — Corporal Yaw Appiah and Private Eric Modzaka — appealed against the Fast Track High Court’s refusal to allow them to have access to the full list of the potential jurors who would be selected to decide their fate.
They also filed an additional motion for stay of proceedings in the criminal trial instituted against them by the state pending the outcome of the appeal.
However, the Court of Appeal, presided over by Mr Justice R. K. Apaloo with Mr Justice S. K. Marful-Sau and K. A. Acquaye, unanimously held that they did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the applicants were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
It, therefore, held that the motion was without merit.
The court gave its ruling after Mr Thaddeus Sory and a Chief State Attorney, Mr Edward Agyemang-Duodu, had argued for the applicants and the state respectively.
Mr Sory had told the court that his clients would suffer irreparable loss if the court did not grant the application.
He said his clients’ rights would be infringed upon if the court did not stay proceedings in the court below and a biased juror was empanelled to decide their fate in the long run.
Opposing the application, Mr Agyemang-Duodu argued that the soldiers’ application was without merit and ought to be dismissed because the soldiers had not exhibited the exceptional circumstance for which their motion should be granted.
He said the soldiers had not exhibited any statutory provision under which they had the right to be given the list of potential jurors.
The court, after hearing the arguments from both sides, wrote its ruling and delivered it some few minutes later.
The soldiers were present in court.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased had been sent to hospital dead and that he had died from multiple wounds.

Court throws out contempt case against A-G

Sasturday, February 6, 2010 (Page 3 Lead)

THE Commercial Court in Accra on February 5, 2010 dismissed a contempt action instituted against the Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, and two others by the Greater Accra Regional Chairman of the New Patriotic Party (NPP), Mr Sammy Crabbe.
The applicant had prayed the court to cite the Attorney-General, the acting Chief Executive of the Ghana International Airlines (GIA), Ms Gifty Anna Myers, and the GIA as an entity for contempt for appointing Ms Myers as acting Chief Executive when a suit he had filed against the government over his shares in the airline some time in 2006 was still pending.
Citing authorities to buttress its decision, the Commercial Court, presided over by Mr Justice Amadu Tanko, was of the view that Mr Crabbe failed to prove beyond reasonable doubt that the three had committed contempt of court.
The court was of the view that contempt applications were quasi criminal and for that reason it was important for the applicant to prove beyond reasonable doubt the guilt of the respondents.
The judge was of the view that after carefully studying Mr Crabbe's application, there was no specific act for which the Attorney-General or the other respondents must be held responsible.
Mr Justice Tanko said the Attorney-General was a legal adviser to the state and for that reason the applicant could not say she should directly be held liable for an action committed by a minister of state some time in 2006.
The court, accordingly, dismissed the contempt action.
Mr Crabbe's substantive suit against the government over shareholding dispute is still pending in the court.
Mr Crabbe, who was once the Vice-President of the GIA and minority shareholder of GIA, USA, has also sued the government over the 30 per cent shares at the International Court of Justice but the government has denied any wrongdoing.
He is currently being investigated by the Bureau of National Investigations (BNI) over his role in the sale of part of government shares in the airline but he filed a writ at the Human Rights Court praying the court to order the BNI to allow his lawyers to be present during questioning.

Monday, February 8, 2010

Last chance for proesecutors • To produce evidence on Rokko's killers

Friday, February 5, 2010 (Page 3 Lead)

THE prosecution in the case involving five soldiers alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, has been given two weeks by the Osu District Magistrate Court to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence.
It gave the order after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have been accused of murdering Mr Frimpong, who the prosecution claimed was deeply involved in the re-denomination exercise three years ago.
They have, accordingly, been charged with two counts of conspiracy and murder but their pleas have not been taken.
The court, after giving the deadline to the prosecution, once again remanded the soldiers to reappear on February 22, 2010.
At the court’s sitting yesterday, an Assistant Superintendent of Police, Mr Patrick A. Morkeh, prayed the court to adjourn the case because results from forensic examination on the bullet that was used to kill Mr Frimpong were not ready.
Counsel for the soldiers, Mr Joe Aboagye Debrah, did not take kindly to that and stated that it was untenable for the prosecution to come up with such a story more than two years after Mr Frimpong’s death.
He argued that it was public knowledge that a docket on the same matter and involving different persons was currently in court for prosecution and pointed out that the prosecution was committing perjury by showing disrespect to the court by deliberately delaying the prosecution of the case.
He said Article 14 (4) of the 1992 Constitution gave the court the power to release the accused persons unconditionally or with reasonable condition but the action of the prosecution was making it impossible for justice to prevail.
Mr Debrah added that the precedent being set by the prosecution was dangerous for the country’s criminal justice system.
On January 22, 2010, ASP Morkeh told the court that the bullet used in killing Mr Frimpong had been forwarded to the Police Forensic Laboratory for examination and for that reason the prosecution needed an adjournment.
His plea prompted the presiding judge, Mr Emmanuel Bart Brew Plange, to direct the prosecution to furnish the court with the bill of indictment, the summary of evidence and the results of the forensic laboratory examination on February 4, 2010.
The facts of the case, as presented by the prosecution, are that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.

Thursday, February 4, 2010

Passports of Asamoah-Boateng, wife restored

Thursday, February 4, 2010 (Page 3 Lead)

THE Accra Fast Track High Court yesterday withdrew its order which directed that the passports of a former Minister of Information, Mr Stephen Asamoah-Boateng, and his wife, Zuleika, be confiscated.
It, however, directed the two, who are standing trial with seven others over GH¢86,915.85 renovation works at the ministry, to inform the court anytime they decided to travel out of the jurisdiction.
At the court's sitting in Accra yesterday, the court, presided over by Mr Justice Charles Quist, rescinded its decision when counsel for the couple, Nene Amegacher, asked it to review the October 2009 decision which directed that Asabee’s and his wife’s passports be seized.
Nene Amegacher had prayed the court to review its decision, especially when the court had given his clients the chance to apply for their passports to be returned after two months of the order, but a Chief State Attorney, Mr Anthony Gyambiby, opposed the application on the grounds that the rights of persons standing trial were limited, according to law.
Upholding Nene Amegacher’s submissions, Mr Justice Quist said it had been four months since he gave the order and for that reason he would withdraw his earlier order for the confiscation of the passports of the two.
Mr Asamoah-Boateng and his wife are standing trial with a former Deputy Information Minister, Mr Frank Agyekum; Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, who was absent at the first sitting, was charged with only conspiracy to commit crime after which she was granted a GH¢10,000 with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document and forgery and possession of false document, while Denkyira also faces only a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Later at the court’s sitting, the outgoing Minister of Information, Mrs Zita Okaikoi, told the court, during cross- examination from Mr Atta Akyea, counsel for Denkyira, that the accused arranged an oral meeting with some of the other accused persons which led to the award of the contract to the company.
She insisted that she did the right thing by exposing irregularities in the award of the contract which could have cost the state GH¢30,000.
Answering questions under cross-examination from counsel for Sampong, Mr Augustine Obour, Mrs Okaikoi said Sampong apologised for signing for the payment of the contract and stated that she would submit a recording of the apology to the court on the next adjourned date.
She also promised to furnish the court with the exact amount which could have been lost by the state on the next adjourned date.
Hearing continues on February 11, 2010.

Wednesday, February 3, 2010

Bawku Central MP to open defence February 10

Wednesday, February 3, 2010 (Page 3 Lead)

THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, will, on February 10, 2010, open his defence.
The date was fixed after a Principal State Attorney, Mr Rexford Anthony Wiredu, told the Accra Fast Track High Court that the prosecution had closed its case.
Mr Wiredu made the announcement after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial and stated that investigations revealed that the MP was a British national as of July 30, 2009.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The investigator had, in his evidence-in-chief, informed the court that he wrote to the British High Commission to verify whether or not Sakande was the holder of a particular British passport number after the matter had been referred to him for investigation.
He said the letter was dated July 20, 2009 and a response letter from the British High Commission dated July 30, 2009 confirmed that Sakande was the holder of that passport number, meaning he was a British national.
During cross-examination from counsel for the MP, Mr Egbert Faibille, the investigator told the court that the British High Commission did not provide any other information on the MP.
Mr Mawusi told the court that he had not set eyes on the MP’s passport before and further explained that he had not visited Bawku during investigations.
He also stated that he was not aware if the MP was still in possession of the said British passport or whether or not the MP had renounced his British citizenship.
The witness further stated that he was also not aware if the MP held a Ghanaian passport.
He said the accused person never honoured invitations from the police during investigations and further pointed out that he had never spoken to the accused person.
He denied an assertion from defence counsel that he had no idea about the case.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with the MP that the MP told him that he (the MP) was a native of Bawku, as well as a British national.

Court gives two 30 days to resolve differences

Wednesday, February 3, 2010 (Page 31)

THE Industrial and Labour Division of the Fast Track High Court yesterday gave parties in a suit instituted by a former employee of Nestle Central and West Africa for wrongful termination of employment 30 days to resolve their differences.
The court also directed that counsel for both parties must actively participate in the settlement process and duly inform the court about the outcome of the settlement.
Mr Philip Anane, a former Corporate Communications and Public Affairs Manager of Nestle Central and West Africa, dragged his employers to court for wrongfully terminating his employment.
He also accused the regional/market head under the Nestle Performance Evaluation who terminated his appointment of “racism and intolerance” and in “contravention of Nestle’s own Human Resource Policy and Corporate Business Principles”.
He is, therefore, seeking general and special damages for the wrongful and unfair termination of his contract, as well as “consequential losses arising, including injury to reputation, loss of expectation and diminution of future prospects of employment”.
However, Nestle Central and West Africa Limited has denied any wrongdoing and accused the plaintiff of recurrent under-performance and has since filed a counter motion praying the court to order the plaintiff to vacate the company’s rented property, pay accumulated rent on the property, as well as hand over its vehicle.
At the court’s sitting in Accra yesterday, the trial judge consolidated the counter motion to the main suit filed by Mr Anane and directed parties in the matter to settle their differences.
The court will move to hear the matter on its merit and give its final judgement if parties are not able to come to an agreement.
In the substantive suit, Mr Anane is praying the court to order the defendant to pay him lump compensation, remuneration for each year of service, payment in lieu of notice, settlement of all outstanding benefits, bonuses, allowances, leave of vacation, accrued management bonus scheme, among others.
The plaintiff is also praying the court to order the defendant to pay his benefits at the prevailing commercial bank rate, as well as costs and other reliefs the court may deem fit.
A statement of claim accompanying the writ of summons filed on behalf of the plaintiff by his lawyer, Mr Peter Zwennes, stated, among others, that Mr Anane, who is a Swiss/Ghanaian, was employed by the defendant on April 1, 2007 as an expatriate.
It said prior to his employment, Mr Anane had worked with reputable companies in Switzerland and during his tenure with the defendant company he performed his duties with diligence and dedication, adding that in the first year of service, the then Regional/Market Head under the Nestle Performance Evaluation, Mr Friedrich Mahler, assessed Anane’s performance as “Masters”, translated into “very satisfactory performance”.
According to the statement of claim, he never received any query between February 2008 when Mr Etienne Benet took over from Mr Mahler, to March 16, 2009, being the date his contract was terminated.
The plaintiff further stated that the termination of his appointment was wrongful, arbitrary, unfair and without any regard for due process, adding that the allegations of recurrent under-performance were unjustified and without any basis.
“Plaintiff further avers that defendants’ wrongful decision to terminate his contract of employment and the reasons assigned for the said termination have not only damaged and/or reduced his prospects of any future employment but also caused him great embarrassment, mental distress and injury to his reputation,” the statement of claim pointed out.
However, Nestle has denied the plaintiff’s assertion in its statement of defence and pointed out that it is untrue that Mr Mahler had assessed Mr Anane’s performance and classified it as “Masters”.
“The defendant avers that in the year 2008, the defendant noticed that the plaintiff's performance was falling below expectation and, as a result, Etienne Benet, the Head of Region of the defendant company, discussed it with the plaintiff,” it said, adding that “the plaintiff’s abysmal performance throughout 2008 is reflected in the Progress and Development Guide of the plaintiff covering the period January to December 2008”.
Nestle further denied the plaintiff’s assertion of racism against Mr Benet, challenged him to prove it and justified the termination of the plaintiff’s contract.
The company further argued that the plaintiff had no cause of action against it and was not entitled to any of the reliefs being sought.

Tuesday, February 2, 2010

Sima used yam as decoy - NACOB officer

February 2, 2010 (Centre Spread)

AN officer of the Narcotics Control Board (NACOB) yesterday told the Fast Track High Court that Ibrahim Sima, the Chief Executive of Exopa Modelling Agency, used a tuber of yam and a loaf of bread as decoys to cover up the narcotics drugs in his possession.
According to the narcotics officer, Sima put the loaf of bread and the tuber of yam which did not contain narcotic drugs in his hand luggage to outwit security officials.
Sima, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 after security officials had found three tubers of yam containing cocaine in his baggage while going through departure formalities for a trip to Germany. He is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
Answering questions under cross-examination from counsel for Sima, Mr James Agalga, the witness told the court that Sima’s ploy did not work because the tubers of yam were eventually recovered from the accused person’s baggage.
Asked whether or not he (witness) was aware that Sima had undergone checks from officials of the Customs, Excise and Preventive Service (CEPS), the witness said he was not aware and further stated that he could not hold brief for the CEPS officials.
Hearing continues on February 11, 2010.
The facts of the case are that Sima was arrested after NACOB officials had found that three out of four tubers of yam in his baggage had been cut open and re-sealed.
The three tubers of yam were found to contain cocaine, a narcotic drug.

Four Nigerians jailed 320 years for robbery

February 2, 2010 (Front Page)

THE Accra Fast Track High Court yesterday sentenced four Nigerians to a total of 360 years for robbery.
They are to serve 80 years each with hard labour after they were each found guilty and convicted on two counts of conspiracy and robbery.
Heavily armed Emmanuel Emeka, 38; Samuel Tanko, 28; Promise Emeka, 27, and Efanye Osuchukwu, 33, around 1 a.m. on February 25, 2006 forcibly entered the residence of an Accra-based legal practitioner, inflicted deep machete wounds on her and her brother and robbed them of valuable items.
The items included a Konica camera, two mobile phones, jewellery, a handbag containing valuable documents, including a drivers’ licence and cash of GH¢150.
Not satisfied with their booty, the convicts, who were armed with a pump action gun with several pouches of ammunition, two locally manufactured pistols, a dagger, machetes and a metal cutter, subjected their victims to severe brutality.
The convicts, who had terrorised more than 50 households at West Legon, Haatso, Kwabenya and Agbogba, all suburbs of Accra, were picked up by the police from their hideout on April 28, 2006.
Citing authorities to buttress the court’s decision, the trial judge, Mr Justice Charles Quist, held that the prosecution had proved the guilt of the four convicts beyond reasonable doubt.
He said robbery was a menace to society and for that reason the court would impose harsh sentences on the convicts to serve as a deterrent.
The court held that the three prosecution witnesses had been consistent in their evidence and there had been abundant proof that the four committed the offence at the residence of the complainant on February 25, 2006.
It said the convicts woefully failed in their bid to defend themselves and rather ended up admitting the offence during cross-examination from the prosecution.
The four had, during cross-examination from a State Attorney, Mr Paul Assibi Abariga, stated that they usually buried the weapons they used for their robberies on a farm at Kwabenya and later picked them up anytime they had an operation to embark upon.
After considering the totality of the evidence adduced, the court, however, acquitted and discharged Chiyioka Joseph, 30, a fifth accused person.
It held that the prosecution failed to prove a case beyond reasonable doubt against Joseph and, accordingly, granted Joseph his freedom after four years in custody.