THE Supreme Court could not hear a case brought against Mr Jake Obetsebi-Lamptey over his purchase of a government bungalow because the plaintiffs, Okudzeto Ablakwa and Dr Omane Boamah, were not served with hearing notices.
The court then directed its registrar to serve hearing notices on parties and accordingly adjourned the case sine die.
Mr Obetsebi-Lamptey was present in court.
In November 2011, the court dismissed Mr Obetsebi-Lamptey’s preliminary objection which argued that the court had no mandate to hear a case brought before it by the applicants in respect of his right to purchase a government bungalow.
The nine-member court, in a unanimous decision, argued that, although, the case passed for a land case, which falls within the domain of the High Court, the plaintiffs were not laying claim to the property in question but rather seeking an interpretation of several provisions of the Constitution regarding the ownership of state property, including Articles 20 (5) and 20 (6) of the 1992 Constitution.
Presided over by Mr Justice William Atuguba, the court agreed that it had jurisdiction by law and precedents to hear the case which bordered both on constitutionality and public interest.
Other members of the court were Ms Justice Sophia Akuffo, Mr Justice S. A. Brobbey, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Baffoe Bonnie, Mr Justice B. T. Aryeetey and Mrs Justice Vida Akoto Bamfo.
In 2008, Mr Ablakwa and Dr. Boamah, Deputy Ministers of Information and Environment, Science and Technology respectively, brought the action against Mr Jake Obetsebi-Lamptey, the New Patriotic Party (NPP) Chairman, who was then the Minister of Tourism and National Orientation, seeking a declaration from the court that he had no right to buy the bungalow at No 2 Mungo Street in the Ridge residential area he was occupying at the time.
The plaintiffs had argued that the action of Mr Jake Obetsebi-Lamptey contravened Articles 20 (5) and 20 (6) and smacked of cronyism and gross abuse of discretional powers of a public officer.
However, Mr Obetsebi-Lamptey raised a preliminary objection, saying the court had no mandate to hear the case.
His argument was that the right procedure was for the plaintiffs to apply to the Commission for Human Rights and Administrative Justice (CHRAJ), if they thought he was abusing his office by applying to purchase the bungalow.
However, the Supreme Court held otherwise and accordingly dismissed the case.
Tuesday, January 31, 2012
Court orders BNI to produce DSP Mawuenyegah
January 31, 2012 (Page 3 Lead)
The Human Rights Division of the Fast Track High Court, yesterday ordered the Bureau of National Investigations (BNI) to produce Deputy Superintendent of Police, Mrs Gifty Mawuenyegah Tehoda, who is at the centre of the cocaine-turn-sodium carbonate saga at its sitting tomorrow (January 31, 2012).
The court’s order followed the failure of BNI officials to bring the accused person to court as was required by law.
Counsel for Mrs Tehoda, Mr E. A. Vordoagu informed the court of the frustrations the defence team encountered anytime they visited their client at the BNI cells.
According to him, although, BNI officials had been served with hearing notices, they refused to bring their client to court as well as made it impossible for the defence team to have access to her.
Mrs Tehoda, the Deputy Head of the Commercial Crimes Unit of the Criminal Investigations Department (CID) of the Ghana Police Service, has applied for bail at the Human Rights Court presided over by Mr Justice Kofi Essel-Mensah.
Mrs Tehoda, has been remanded by the Accra Circuit Court on one count of abetment of stealing of cocaine but her lawyers applied for bail on her behalf at the Human Rights Court.
At the Human Rights Court’s sitting in Accra today, a Chief State Attorney, Mr Rexford Wiredu, prayed the court to adjourn the case to Wednesday because he was out of the jurisdiction and upon return was informed his outfit was served with a copy of Mrs Tehoda’s bail application last Friday.
Mr Vordoagu opposed Mr Wiredu’s plea with the court and said the Attorney-General’s office had sufficient notice and for that reason, the court should ignore Mr Wiredu’s plea.
Responding to Mr Vordoagu’s submission, Mr Wiredu argued that the defence team’s bail application was badly written thereby causing the court to dismiss it on Wednesday, January 25, 2012.
The court, after listening to both parties, ordered the BNI to produce Mrs Tehoda tomorrow (January 31, 2012).
Mrs Tehoda on January 17, 2012 pleaded not guilty to one count of abetment of stealing of cocaine and was remanded by the Circuit Court to reappear on February 6, 2012.
The police handed the accused person over to the BNI on December 29, 2011 on suspicious dealings with Nana Ama Martins after she (Nana Martins) had been re-arrested in July 2011.
Nana Martins was acquitted and discharged by the Accra Circuit Court of the charge of possessing cocaine in the trial which was aborted after the court had upheld a submission of ‘no case’ made by her counsel.
Following that, the Vice-President, Mr John Mahama, tasked the BNI to investigate the incident.
The investigation led to the arrest of the accused for her role in the swapping of the cocaine.
Although, her unit was not investigating Nana Martins for any offence, DSP Mrs Tehoda allegedly went for the suspect on different occasions from CID cells and took her to her office and also arranged a lawyer for her.
The trial circuit court had, in September last year, received the alleged cocaine, weighing 1,020 grammes, as exhibit after it had been tested by the Police Forensic Laboratory.
A day after that, counsel for Nana Martins prayed that the substance be retested because it was not cocaine, as alleged by the police report. The re-testing was done and it turned out to be sodium carbonate.
It was during BNI investigations that it came to light that DSP Mrs Tehoda played a role in the swapping of the cocaine and also assisted Nana Martins to sell her house, all to facilitate the swapping.
The prosecution said investigations were still ongoing to identify the collaborators of DSP Mrs Tehoda.
The Human Rights Division of the Fast Track High Court, yesterday ordered the Bureau of National Investigations (BNI) to produce Deputy Superintendent of Police, Mrs Gifty Mawuenyegah Tehoda, who is at the centre of the cocaine-turn-sodium carbonate saga at its sitting tomorrow (January 31, 2012).
The court’s order followed the failure of BNI officials to bring the accused person to court as was required by law.
Counsel for Mrs Tehoda, Mr E. A. Vordoagu informed the court of the frustrations the defence team encountered anytime they visited their client at the BNI cells.
According to him, although, BNI officials had been served with hearing notices, they refused to bring their client to court as well as made it impossible for the defence team to have access to her.
Mrs Tehoda, the Deputy Head of the Commercial Crimes Unit of the Criminal Investigations Department (CID) of the Ghana Police Service, has applied for bail at the Human Rights Court presided over by Mr Justice Kofi Essel-Mensah.
Mrs Tehoda, has been remanded by the Accra Circuit Court on one count of abetment of stealing of cocaine but her lawyers applied for bail on her behalf at the Human Rights Court.
At the Human Rights Court’s sitting in Accra today, a Chief State Attorney, Mr Rexford Wiredu, prayed the court to adjourn the case to Wednesday because he was out of the jurisdiction and upon return was informed his outfit was served with a copy of Mrs Tehoda’s bail application last Friday.
Mr Vordoagu opposed Mr Wiredu’s plea with the court and said the Attorney-General’s office had sufficient notice and for that reason, the court should ignore Mr Wiredu’s plea.
Responding to Mr Vordoagu’s submission, Mr Wiredu argued that the defence team’s bail application was badly written thereby causing the court to dismiss it on Wednesday, January 25, 2012.
The court, after listening to both parties, ordered the BNI to produce Mrs Tehoda tomorrow (January 31, 2012).
Mrs Tehoda on January 17, 2012 pleaded not guilty to one count of abetment of stealing of cocaine and was remanded by the Circuit Court to reappear on February 6, 2012.
The police handed the accused person over to the BNI on December 29, 2011 on suspicious dealings with Nana Ama Martins after she (Nana Martins) had been re-arrested in July 2011.
Nana Martins was acquitted and discharged by the Accra Circuit Court of the charge of possessing cocaine in the trial which was aborted after the court had upheld a submission of ‘no case’ made by her counsel.
Following that, the Vice-President, Mr John Mahama, tasked the BNI to investigate the incident.
The investigation led to the arrest of the accused for her role in the swapping of the cocaine.
Although, her unit was not investigating Nana Martins for any offence, DSP Mrs Tehoda allegedly went for the suspect on different occasions from CID cells and took her to her office and also arranged a lawyer for her.
The trial circuit court had, in September last year, received the alleged cocaine, weighing 1,020 grammes, as exhibit after it had been tested by the Police Forensic Laboratory.
A day after that, counsel for Nana Martins prayed that the substance be retested because it was not cocaine, as alleged by the police report. The re-testing was done and it turned out to be sodium carbonate.
It was during BNI investigations that it came to light that DSP Mrs Tehoda played a role in the swapping of the cocaine and also assisted Nana Martins to sell her house, all to facilitate the swapping.
The prosecution said investigations were still ongoing to identify the collaborators of DSP Mrs Tehoda.
MEN SLEEP WITH DAUGHTERS - One jailed 10 years, another remanded
A 40-year-old man,Emmanuel Kwesi Yevu, who had sexual intercourse with his 13-year-old daughter, claiming he had woken up from a dream in which he had sex with his late wife, was yesterday sentenced to 10 years imprisonment with hard labour by the Accra Circuit Court.
He pleaded guilty to the offence of incest.
In another case of incest, the court remanded 40-year-old Kwesi Mortsi, for having an affair with his 18-year-old daughter for 18 months and aborting her pregnancy for her on three occasions.
Mortsi, however, pleaded not guilty to one count of incest and was remanded to reappear on Februrary 7, 2012.
In the first case, Yevu had told the court that on a particular occasion, he had taken alcohol, slept and dreamt of having sex with his late wife.
When he woke up, he found out that his daughter had placed one of her legs on him and so, unable to control himself, he had sex with her.
Yevu also claimed a spirit entered him and lured him to have sex with his daughter on two occasions gave her medicines to swallow and another to insert in her vagina when she complained to him that she had not menstruated for three months.
There was profuse laughter when Yevu’s brother got up and informed the court that Yevu was oblivious of his offence because he had been charmed spiritually.
He looked directly at the trial judge, Mrs Georgina Mensah-Dastsa, and said “please have mercy on my brother. This one, ibi juju oooh.”
The judge replied “On a lighter note, I have powers but not juju powers. So take your juju story to a juju court.”
Yevu, who appeared not to be in a position to speak found his voice all of a sudden after his brother had humoured the court and stated in Ewe that evil spirits drove him to sleep with his daughter.
He said the spirits entered him thereby making him have frequent dreams of having sexual intercourse with his late wife.
On a particular occasion, he claimed he took in alcohol, slept, dreamt of having sex with his late wife and upon waking up, he found his daughter had laid one of her legs on him.
The facts of the case as presented by Assistant Superintendent of Police, Mrs Sarah Acquah said the complainant was the victim’s uncle.
She said the victim had been living with the convict at Omanjor in Accra since the death of victim’s mother.
The prosecution said during October 2011, the victim was sleeping when Yevu forced her and had sex with her on two occasions. After the acts, the victim informed her father that she had not menstruated for the past three months.
Yevu, suspecting the victim was pregnant, gave the victim medicine to swallow and insert some of the medicine into her vagina.
Soon after inserting the medicine, the victim began to complain of abdominal pains and she was rushed to the hospital and a report was made to the Domestic Violence and Victims Support Unit (DOVVSU) at Odorkor Police station.
The victim was issued with a medical form while her father was arrested by the Police and during interrogation, Yevu admitted the offence.
Mortsi, on the other hand lived at Dansoman in Accra with his daughter, a school drop out and was for the past one and half years subjecting her to sexual abuse.
On January 16, 2012, Mortsi attempted to have sexual intercourse with his daughter but she refused to heed to his moves.
The next day while preparing to leave for work, Mortsi made sexual moves again but the victim refused thereby infuriating Mortsi who seized her bag in the process.
Mortsi’s action infuriated the victim who reported her sexual ordeal to the police.
Mortsi was picked up for questioning and later charged after police had completed investigations into the matter.
He pleaded guilty to the offence of incest.
In another case of incest, the court remanded 40-year-old Kwesi Mortsi, for having an affair with his 18-year-old daughter for 18 months and aborting her pregnancy for her on three occasions.
Mortsi, however, pleaded not guilty to one count of incest and was remanded to reappear on Februrary 7, 2012.
In the first case, Yevu had told the court that on a particular occasion, he had taken alcohol, slept and dreamt of having sex with his late wife.
When he woke up, he found out that his daughter had placed one of her legs on him and so, unable to control himself, he had sex with her.
Yevu also claimed a spirit entered him and lured him to have sex with his daughter on two occasions gave her medicines to swallow and another to insert in her vagina when she complained to him that she had not menstruated for three months.
There was profuse laughter when Yevu’s brother got up and informed the court that Yevu was oblivious of his offence because he had been charmed spiritually.
He looked directly at the trial judge, Mrs Georgina Mensah-Dastsa, and said “please have mercy on my brother. This one, ibi juju oooh.”
The judge replied “On a lighter note, I have powers but not juju powers. So take your juju story to a juju court.”
Yevu, who appeared not to be in a position to speak found his voice all of a sudden after his brother had humoured the court and stated in Ewe that evil spirits drove him to sleep with his daughter.
He said the spirits entered him thereby making him have frequent dreams of having sexual intercourse with his late wife.
On a particular occasion, he claimed he took in alcohol, slept, dreamt of having sex with his late wife and upon waking up, he found his daughter had laid one of her legs on him.
The facts of the case as presented by Assistant Superintendent of Police, Mrs Sarah Acquah said the complainant was the victim’s uncle.
She said the victim had been living with the convict at Omanjor in Accra since the death of victim’s mother.
The prosecution said during October 2011, the victim was sleeping when Yevu forced her and had sex with her on two occasions. After the acts, the victim informed her father that she had not menstruated for the past three months.
Yevu, suspecting the victim was pregnant, gave the victim medicine to swallow and insert some of the medicine into her vagina.
Soon after inserting the medicine, the victim began to complain of abdominal pains and she was rushed to the hospital and a report was made to the Domestic Violence and Victims Support Unit (DOVVSU) at Odorkor Police station.
The victim was issued with a medical form while her father was arrested by the Police and during interrogation, Yevu admitted the offence.
Mortsi, on the other hand lived at Dansoman in Accra with his daughter, a school drop out and was for the past one and half years subjecting her to sexual abuse.
On January 16, 2012, Mortsi attempted to have sexual intercourse with his daughter but she refused to heed to his moves.
The next day while preparing to leave for work, Mortsi made sexual moves again but the victim refused thereby infuriating Mortsi who seized her bag in the process.
Mortsi’s action infuriated the victim who reported her sexual ordeal to the police.
Mortsi was picked up for questioning and later charged after police had completed investigations into the matter.
Human trafficker jailed 10 years
January 28, 2012 (Page 3 Lead)
A trader who trafficked 10 young girls to Nigeria for labour and prostitution has been sentenced to 10 years’ imprisonment by the Accra Circuit Court.
Fati Abubakari, who was convicted to five years each on two separate dockets for engaging in human trafficking, was whisked away in a waiting van around 11 am to begin her jail term.
In the first case, she was charged with her former husband for conspiracy and human trafficking.
Her former husband, Bawa Salifu, who was at large during the trial, was, however, acquitted and discharged on two counts of conspiracy and human trafficking.
Fati was, however, convicted on five counts of human trafficking.
In the second case, Fati was charged along with her two sisters, Memuna Abukari and Zinabu Abukari, both traders.
Her sisters were acquitted and discharged on conspiracy and human trafficking charges but the court found Fati guilty and sentenced her to five years’ imprisonment.
The court took into consideration the fact that she was a mother of two and that she was a first offender.
It also ordered Fati to return all items she had seized from her victims, as well as pay them their accrued salaries.
Acquitting the other accused persons, the court held that the prosecution failed to lead evidence to prove their guilt.
The facts of the case were that Fati had, in 2007, trafficked her victims from Agbogloshie in Accra and Gushegu in the Northern Region to Nigeria for labour and prostitution.
According to the prosecuion, the complainant in the case was a member of staff of the Regional Advocacy Information and Network System (RAINS), a non-governmental organisation, while the accused persons lived in Ghana and Nigeria.
It said on December 28, 2010, a victim confided in the complainant that about four years ago she and other girls had been recruited by the accused persons from Agbogbloshie and Gushegu and transported to Nigeria under the pretext of securing them jobs.
The victim told the complainant that she and the other girls were made to sell porridge during the day and forced to engage in prostitution during the night.
According to her, the accused persons took all the proceeds from the sale of the porridge and the prostitution, without paying her and her colleagues anything at all.
In the process, one of the girls was forced into marriage, while one of them went through a series of abortions as a result of having unprotected sex with her male customers.
During investigations, it emerged that Fati had been in the trafficking trade for the past 10 years. She denied committing any offence but admitted transporting a number of girls to Nigeria for work.
A trader who trafficked 10 young girls to Nigeria for labour and prostitution has been sentenced to 10 years’ imprisonment by the Accra Circuit Court.
Fati Abubakari, who was convicted to five years each on two separate dockets for engaging in human trafficking, was whisked away in a waiting van around 11 am to begin her jail term.
In the first case, she was charged with her former husband for conspiracy and human trafficking.
Her former husband, Bawa Salifu, who was at large during the trial, was, however, acquitted and discharged on two counts of conspiracy and human trafficking.
Fati was, however, convicted on five counts of human trafficking.
In the second case, Fati was charged along with her two sisters, Memuna Abukari and Zinabu Abukari, both traders.
Her sisters were acquitted and discharged on conspiracy and human trafficking charges but the court found Fati guilty and sentenced her to five years’ imprisonment.
The court took into consideration the fact that she was a mother of two and that she was a first offender.
It also ordered Fati to return all items she had seized from her victims, as well as pay them their accrued salaries.
Acquitting the other accused persons, the court held that the prosecution failed to lead evidence to prove their guilt.
The facts of the case were that Fati had, in 2007, trafficked her victims from Agbogloshie in Accra and Gushegu in the Northern Region to Nigeria for labour and prostitution.
According to the prosecuion, the complainant in the case was a member of staff of the Regional Advocacy Information and Network System (RAINS), a non-governmental organisation, while the accused persons lived in Ghana and Nigeria.
It said on December 28, 2010, a victim confided in the complainant that about four years ago she and other girls had been recruited by the accused persons from Agbogbloshie and Gushegu and transported to Nigeria under the pretext of securing them jobs.
The victim told the complainant that she and the other girls were made to sell porridge during the day and forced to engage in prostitution during the night.
According to her, the accused persons took all the proceeds from the sale of the porridge and the prostitution, without paying her and her colleagues anything at all.
In the process, one of the girls was forced into marriage, while one of them went through a series of abortions as a result of having unprotected sex with her male customers.
During investigations, it emerged that Fati had been in the trafficking trade for the past 10 years. She denied committing any offence but admitted transporting a number of girls to Nigeria for work.
Judge orders prosecution to start money laundering case
January 27, 2011 (Page 3 Lead)
THE judge presiding over the case involving a lawyer and two others allegedly involved in money laundering activities has given the prosecution in the case a one-week ultimatum to start prosecuting the case.
According to Mr Justice John Ajet-Nasam, the court would advise itself should the prosecution fail to abide by the court’s directive.
Charles Owusu Juanah, a lawyer, Dr. Victor Amoah, an Agronomist and Nana Kwaku Agyei, a miner were first arraigned before the Financial Division of the Fast Track High Court on January 19, 2012, charged with two counts of conspiracy and aiding and abetting money laundering activities.
They pleaded not guilty to the offences. Charles and Victor were each granted bail in the sum of $4 million with three sureties each, one each to be justified.
Although, Victor managed to meet the bail terms, Charles could not and that prompted his lawyers to plead with the court at its sitting in Accra today to vary the bail terms.
According to one of the defence lawyers for Charles, Mr George Heward-Mills, the accused person had been in custody for two weeks already with his passport confiscated thereby making it impossible for him to leave the jurisdiction.
He said the bail condition was a great burden on his client and accordingly prayed the court to review the bail conditions for Charles.
Following counsel’s plea, the court reviewed the bail terms and granted Charles bail in the sum of $4 million with three sureties, one to be justified.
The court directed the accused person to deposit a land title deed worth $2.5 million instead of $4 million with the registrar of the court as justification.
He and the other accused persons were also directed to report daily to the Economic and Organised Crime Office (EOCO).
Nana Kwaku Agyei, who was remanded on the last adjourned date was today granted bail in the sum of $4 million with three sureties.
His lawyer, Mr Joseph Turkson, produced a medical report to prove that his client was not well.
An Assistant State Attorney, Mr. Edward Cudjoe, renewed his bail application and prayed the court to grant his client bail on terms he could meet.
The court granted Agyei bail and indicated that the court will review the condition based on his health condition
The accused persons are being accused of allegedly obtaining, through money laundering activities, an amount of $3.5 million.
Juanah, who is alleged to be the principal architect, is said to have collected the $3.5 million from the GT Bank headquarters at about 9:45 p.m. on November 17, 2011 after luring a Dubai-based businessman, Mohammed Shafiq, who is the Chief Executive Officer of Jampur Group, and his agents into the country to establish business dealings in gold.
The prosecution said when Mr Shafiq and his agents arrived in Ghana, they were told that the gold had been lodged in a vault at the SG-SSB Bank and were made to pay $3.5 million before it would be released.
It said the money was lodged in an account at the Abeka branch of the GT Bank and the alleged gold subsequently handed over to the buyers.
The prosecution further stated that when Mr Shafiq and his agents decided to verify the authenticity of 135 kilogrammes of gold after it had been delivered, only 5 kilogrammes was found to be authentic.
It said when Mr Shafiq and his agents complained and threatened to lodge a complaint with the police, Juanah allegedly warned them not to dare, as they would be incarcerated for transacting an illegitimate business as illegal immigrants.
It said Mr Shafiq and his agents quickly left the country for Dubai and were advised to lodge a complaint with the National Security, which referred the matter to EOCO.
According to the prosecution, investigations had so far revealed that Juanah drafted the contract agreement for the transactions, acted as solicitor to both the buyer and the seller, while Amoah, a friend of Juanah and Amoah, acted as consultant to Mr Shafiq and his agent.
THE judge presiding over the case involving a lawyer and two others allegedly involved in money laundering activities has given the prosecution in the case a one-week ultimatum to start prosecuting the case.
According to Mr Justice John Ajet-Nasam, the court would advise itself should the prosecution fail to abide by the court’s directive.
Charles Owusu Juanah, a lawyer, Dr. Victor Amoah, an Agronomist and Nana Kwaku Agyei, a miner were first arraigned before the Financial Division of the Fast Track High Court on January 19, 2012, charged with two counts of conspiracy and aiding and abetting money laundering activities.
They pleaded not guilty to the offences. Charles and Victor were each granted bail in the sum of $4 million with three sureties each, one each to be justified.
Although, Victor managed to meet the bail terms, Charles could not and that prompted his lawyers to plead with the court at its sitting in Accra today to vary the bail terms.
According to one of the defence lawyers for Charles, Mr George Heward-Mills, the accused person had been in custody for two weeks already with his passport confiscated thereby making it impossible for him to leave the jurisdiction.
He said the bail condition was a great burden on his client and accordingly prayed the court to review the bail conditions for Charles.
Following counsel’s plea, the court reviewed the bail terms and granted Charles bail in the sum of $4 million with three sureties, one to be justified.
The court directed the accused person to deposit a land title deed worth $2.5 million instead of $4 million with the registrar of the court as justification.
He and the other accused persons were also directed to report daily to the Economic and Organised Crime Office (EOCO).
Nana Kwaku Agyei, who was remanded on the last adjourned date was today granted bail in the sum of $4 million with three sureties.
His lawyer, Mr Joseph Turkson, produced a medical report to prove that his client was not well.
An Assistant State Attorney, Mr. Edward Cudjoe, renewed his bail application and prayed the court to grant his client bail on terms he could meet.
The court granted Agyei bail and indicated that the court will review the condition based on his health condition
The accused persons are being accused of allegedly obtaining, through money laundering activities, an amount of $3.5 million.
Juanah, who is alleged to be the principal architect, is said to have collected the $3.5 million from the GT Bank headquarters at about 9:45 p.m. on November 17, 2011 after luring a Dubai-based businessman, Mohammed Shafiq, who is the Chief Executive Officer of Jampur Group, and his agents into the country to establish business dealings in gold.
The prosecution said when Mr Shafiq and his agents arrived in Ghana, they were told that the gold had been lodged in a vault at the SG-SSB Bank and were made to pay $3.5 million before it would be released.
It said the money was lodged in an account at the Abeka branch of the GT Bank and the alleged gold subsequently handed over to the buyers.
The prosecution further stated that when Mr Shafiq and his agents decided to verify the authenticity of 135 kilogrammes of gold after it had been delivered, only 5 kilogrammes was found to be authentic.
It said when Mr Shafiq and his agents complained and threatened to lodge a complaint with the police, Juanah allegedly warned them not to dare, as they would be incarcerated for transacting an illegitimate business as illegal immigrants.
It said Mr Shafiq and his agents quickly left the country for Dubai and were advised to lodge a complaint with the National Security, which referred the matter to EOCO.
According to the prosecution, investigations had so far revealed that Juanah drafted the contract agreement for the transactions, acted as solicitor to both the buyer and the seller, while Amoah, a friend of Juanah and Amoah, acted as consultant to Mr Shafiq and his agent.
DSP Mawuenyegah applies for bail
January 26, 2012 (Page 3 Lead)
The interdicted Deputy Head of the Commercial Crimes Unit of the Criminal Investigations Department (CID) of the Ghana Police Service, DSP Mrs Gifty Mawuenyegah Tehoda, who is at the centre of the cocaine-turn-sodium carbonate saga, has applied for bail at the Human Rights Court.
Mrs Tehoda, who was remanded by the Accra Circuit Court on one count of abetment of stealing of cocaine on January 17, 2012 was not present at the Human Rights Court.
The presiding judge, Mr Justice U. P. Dery, drew counsel’s attention to some technical errors on the docket and accordingly advised counsel to rectify them.
Following that development, the court, could not hear her case due to the technical errors which needed to be rectified by counsel for Mrs Tehoda, Mr Oliver Dzeble.
Details of the bail application were not made available. A new date is yet to be fixed for the hearing of the bail application.
Mrs Tehoda on January 17, 2012 pleaded not guilty to one count of abetment of stealing of cocaine and was remanded by the Circuit Court to reappear on February 6, 2012.
The court declined bail application by counsel for the accused.
The accused person was handed over to the Bureau of National Investigations (BNI) by the police on December 29, 2011 on suspicious dealings with Nana Ama Martins after she (Nana Martins) had been re-arrested in July 2011.
Nana Martins was acquitted and discharged by the Accra Circuit Court of the charge of possessing cocaine in the trial which was aborted after the court had upheld a submission of ‘no case’ made by her counsel.
Following that, the Vice-President, Mr John Mahama, tasked the BNI to investigate the incident.
The investigation led to the arrest of the accused, who was handed over for her role in the swapping of the cocaine.
Although, her unit was not investigating Nana Martins for any offence, DSP Mrs Tehoda allegedly went for the suspect on different occasions from CID cells and took her to her office and also arranged a lawyer for her.
The trial circuit court had, in September last year, received the alleged cocaine, weighing 1,020 grammes, as exhibit after it had been tested by the Police Forensic Laboratory.
A day after that, counsel for Nana Martins prayed that the substance be retested because it was not cocaine, as alleged by the police report. The re-testing was done and it turned out to be sodium carbonate.
It was during BNI investigations that it came to light that DSP Mrs Tehoda played a role in the swapping of the cocaine and also assisted Nana Martins to sell her house, all to facilitate the swapping.
The prosecution said investigations were still ongoing to identify the collaborators of DSP Mrs Tehoda, who was admitted to bail by the Human Rights High Court for the abuse of her constitutional rights.
The interdicted Deputy Head of the Commercial Crimes Unit of the Criminal Investigations Department (CID) of the Ghana Police Service, DSP Mrs Gifty Mawuenyegah Tehoda, who is at the centre of the cocaine-turn-sodium carbonate saga, has applied for bail at the Human Rights Court.
Mrs Tehoda, who was remanded by the Accra Circuit Court on one count of abetment of stealing of cocaine on January 17, 2012 was not present at the Human Rights Court.
The presiding judge, Mr Justice U. P. Dery, drew counsel’s attention to some technical errors on the docket and accordingly advised counsel to rectify them.
Following that development, the court, could not hear her case due to the technical errors which needed to be rectified by counsel for Mrs Tehoda, Mr Oliver Dzeble.
Details of the bail application were not made available. A new date is yet to be fixed for the hearing of the bail application.
Mrs Tehoda on January 17, 2012 pleaded not guilty to one count of abetment of stealing of cocaine and was remanded by the Circuit Court to reappear on February 6, 2012.
The court declined bail application by counsel for the accused.
The accused person was handed over to the Bureau of National Investigations (BNI) by the police on December 29, 2011 on suspicious dealings with Nana Ama Martins after she (Nana Martins) had been re-arrested in July 2011.
Nana Martins was acquitted and discharged by the Accra Circuit Court of the charge of possessing cocaine in the trial which was aborted after the court had upheld a submission of ‘no case’ made by her counsel.
Following that, the Vice-President, Mr John Mahama, tasked the BNI to investigate the incident.
The investigation led to the arrest of the accused, who was handed over for her role in the swapping of the cocaine.
Although, her unit was not investigating Nana Martins for any offence, DSP Mrs Tehoda allegedly went for the suspect on different occasions from CID cells and took her to her office and also arranged a lawyer for her.
The trial circuit court had, in September last year, received the alleged cocaine, weighing 1,020 grammes, as exhibit after it had been tested by the Police Forensic Laboratory.
A day after that, counsel for Nana Martins prayed that the substance be retested because it was not cocaine, as alleged by the police report. The re-testing was done and it turned out to be sodium carbonate.
It was during BNI investigations that it came to light that DSP Mrs Tehoda played a role in the swapping of the cocaine and also assisted Nana Martins to sell her house, all to facilitate the swapping.
The prosecution said investigations were still ongoing to identify the collaborators of DSP Mrs Tehoda, who was admitted to bail by the Human Rights High Court for the abuse of her constitutional rights.
High court dismisses action
January 23, 2012 (Page 3)
THE Accra High Court yesterday dismissed a motion for interlocutory injunction seeking an order to restrain the People’s National Convention (PNC) from organising the party’s delegate congress.
According to the court, the applicants failed to provide independent evidence to substantiate allegations of fraud leveled against the defendants.
It accordingly dismissed the application for interlocutory injunction and awarded cost of GHC 2,000 against Ibrahim Karim, Haruna Abass, Abubakari Sadick Wiyor, Benard Bama-Ame and Michale Anafo who had brought an action against, three executives of the PNC, Dr Edward Mahama, Alhaji Ahmed Ramadan and Benard Mornah.
The court’s ruling will now pave the way for the fixing of a new date for the national delegates which was originally scheduled to take place in Sunyani from December 9-11, 2011.
Following a motion for stay of proceedings pending the outcome of an appeal filed by counsel for the defendants, Dr. Somtim Tobiga, the court adjourned the hearing of the substantive case sine die.
In the said appeal, the applicants/appellants are challenging the court’s decision which dismissed their preliminary objection of conflict of interest raised against counsel for the party, Mr James Agalga and four of its leaders, who have been sued by the defendants/appellants.
The defendants/appellants said it was wrong for Mr Agalga to represent the respondents because the party was the victim in the matter and it was unethical for counsel to represent both the victim and the perpetrators of the act against the victim.
However, Mr Agalga responded that the objection was misplaced because the court was not the right forum to ventilate it and also the PNC was an inanimate object which could sue and be sued and behind which was the leadership who acted for it.
In the substantive suit, the are also seeking an order to restrain the PNC, Dr Mahama, Alhaji Ramadan and Mr Mornah from introducing themselves as the Leader, Chairman and General Secretary, respectively, of the party or to grant interviews to the media or participate in any media or public programme in their purported capacities as such.
They are further seeking an order to restrain the respondents from withdrawing or spending any funds from the account of the PNC or soliciting any funds from any person or organisation for the benefit or on behalf of the party.
THE Accra High Court yesterday dismissed a motion for interlocutory injunction seeking an order to restrain the People’s National Convention (PNC) from organising the party’s delegate congress.
According to the court, the applicants failed to provide independent evidence to substantiate allegations of fraud leveled against the defendants.
It accordingly dismissed the application for interlocutory injunction and awarded cost of GHC 2,000 against Ibrahim Karim, Haruna Abass, Abubakari Sadick Wiyor, Benard Bama-Ame and Michale Anafo who had brought an action against, three executives of the PNC, Dr Edward Mahama, Alhaji Ahmed Ramadan and Benard Mornah.
The court’s ruling will now pave the way for the fixing of a new date for the national delegates which was originally scheduled to take place in Sunyani from December 9-11, 2011.
Following a motion for stay of proceedings pending the outcome of an appeal filed by counsel for the defendants, Dr. Somtim Tobiga, the court adjourned the hearing of the substantive case sine die.
In the said appeal, the applicants/appellants are challenging the court’s decision which dismissed their preliminary objection of conflict of interest raised against counsel for the party, Mr James Agalga and four of its leaders, who have been sued by the defendants/appellants.
The defendants/appellants said it was wrong for Mr Agalga to represent the respondents because the party was the victim in the matter and it was unethical for counsel to represent both the victim and the perpetrators of the act against the victim.
However, Mr Agalga responded that the objection was misplaced because the court was not the right forum to ventilate it and also the PNC was an inanimate object which could sue and be sued and behind which was the leadership who acted for it.
In the substantive suit, the are also seeking an order to restrain the PNC, Dr Mahama, Alhaji Ramadan and Mr Mornah from introducing themselves as the Leader, Chairman and General Secretary, respectively, of the party or to grant interviews to the media or participate in any media or public programme in their purported capacities as such.
They are further seeking an order to restrain the respondents from withdrawing or spending any funds from the account of the PNC or soliciting any funds from any person or organisation for the benefit or on behalf of the party.
Two remanded for supplying narcotic drugs
January 24, 2012 (Page 3 Lead)
Two persons were on Monday remanded by the Accra Circuit Court for allegedly possessing and supplying narcotic drugs.
Hamza Mohammed was charged with one count of possessing 46 wrappers of cocaine and 14 wrappers of heroin, while Kwaku Bagnabu was charged with one count of supplying narcotic drugs.
They both pleaded not guilty to the offence and were remanded to reappear on February 6, 2012.
The case took a twist when Hamza informed the court that he had been forced to mention Bagnabu as his supplier as a result of the torture he had suffered at the hands of the police.
Following Hamza's revelation, counsel for Bagnabu, Mr George Asamani, prayed the court to grant his client bail but it declined and fixed February 6, 2012 as the next adjourned date.
According to Mr Asamani, his client was innocent and was simply being held for keeping papers in his room, adding that “teachers and printing press owners should also be arrested”.
His statement drew a huge laughter from the audience in the courtroom.
The facts of the case, as narrated by Assistant Superintendent of Police Mr Cletus Abadamlora, were that on December 20, 2011, a police highway patrol team from the Police Headquarters stopped a vehicle at La Aplaku on the Aflao road and found wrappers in the vehicle.
According to the prosecution, the patrol team observed that 46 wrappers contained cocaine, while 14 wrappers contained heroin. Test results from the Ghana Standards Authority (GSA) proved the police were right.
Hamza mentioned Bagnabu as the supplier of the narcotic drugs during interrogation, thereby resulting in Bagnabu's arrest.
However, during the court's sitting in Accra Monday, Hamza informed the court that Bagnabu had no hand in the crime he (Hamza) was alleged to have committed.
Two persons were on Monday remanded by the Accra Circuit Court for allegedly possessing and supplying narcotic drugs.
Hamza Mohammed was charged with one count of possessing 46 wrappers of cocaine and 14 wrappers of heroin, while Kwaku Bagnabu was charged with one count of supplying narcotic drugs.
They both pleaded not guilty to the offence and were remanded to reappear on February 6, 2012.
The case took a twist when Hamza informed the court that he had been forced to mention Bagnabu as his supplier as a result of the torture he had suffered at the hands of the police.
Following Hamza's revelation, counsel for Bagnabu, Mr George Asamani, prayed the court to grant his client bail but it declined and fixed February 6, 2012 as the next adjourned date.
According to Mr Asamani, his client was innocent and was simply being held for keeping papers in his room, adding that “teachers and printing press owners should also be arrested”.
His statement drew a huge laughter from the audience in the courtroom.
The facts of the case, as narrated by Assistant Superintendent of Police Mr Cletus Abadamlora, were that on December 20, 2011, a police highway patrol team from the Police Headquarters stopped a vehicle at La Aplaku on the Aflao road and found wrappers in the vehicle.
According to the prosecution, the patrol team observed that 46 wrappers contained cocaine, while 14 wrappers contained heroin. Test results from the Ghana Standards Authority (GSA) proved the police were right.
Hamza mentioned Bagnabu as the supplier of the narcotic drugs during interrogation, thereby resulting in Bagnabu's arrest.
However, during the court's sitting in Accra Monday, Hamza informed the court that Bagnabu had no hand in the crime he (Hamza) was alleged to have committed.
Monday, January 23, 2012
Lawyer Granted Bail For Alleged Money Laundering
Friday, January 20, 2012 (Page 3 Lead)
The lawyer accused of aiding money laundering activities, Charles Owusu Juanah, was yesterday granted bail in the sum of $4 million with two sureties, one of which is to be justified.
The Financial Division of the Fast Track High Court also granted bail in the sum of $4 million with two sureties, one of which to be justified, to his alleged accomplice, Victor Amoah.
They were also ordered to report themselves at the offices of the Economic and Organised Crime Office (EOCO) at 10 a.m. daily.
A third accused person, Nana Kwaku Agyei, was, however, remanded to reappear on January 26, 2012.
Juanah and Amoah, who pleaded not guilty to two counts of conspiracy and aiding and abetting money laundering activities, were granted bail after the prosecution had substituted an earlier charge sheet with a new one.
They were initially charged with conspiracy and money laundering. They are being accused of obtaining, through money laundering activities, $3.5 million from a Dubai-based businessman, Mohammed Shafiq, who is the Chief Executive Officer of Jampur Group, and his agents.
At the court’s sitting in Accra yesterday, a large crowd which had thronged the court premises to give support to the accused persons applauded thunderously immediately the trial judge, Mr Justice John Ajet-Nasam, announced that the two had been granted bail.
The judge, however, brought the crowd to order and warned them not to repeat that act or risk being cited for contempt of court.
Bail was granted to the two after their team of lawyers had prayed the court to grant them bail on the grounds that charges preferred against them were bailable offences.
Lead counsel for Juanah and Amoah, Mr Ellis Owusu-Fordjour, argued that the charges preferred against his clients were flawed and asked, “How can one aid and abet money laundering offences?”
He prayed the court to grant his clients bail for proper investigations to be carried out to determine whether or not his clients were the proper ones to be charged.
Mr Owusu-Fordjour informed the court that his clients were responsible persons who had offices and permanent places of abode and for that reason they would not flout the court’s orders when granted bail.
He also informed the court that his clients had substantial sureties who were willing to stand in for the accused persons, adding that the Constitution deemed the accused persons innocent until proved guilty.
One of the lawyers for Juanah and Amoah, Mr George Heward-Mills, argued that it would be unjust for the court to hold their clients under the circumstance, adding, “If you persist in prayer, the Lord will answer you.”
Counsel for Agyei, Mr Joseph Turkson, prayed the court to grant his client bail under reasonable terms and conditions.
A State Attorney, Mr Edward Cudjoe, on the other hand, disagreed with the defence team and prayed the court to remand the accused persons, since investigations were ongoing.
Juanah, who is alleged to be the principal architect, is said to have collected the $3.5 million from the GT Bank headquarters about 9:45 p.m. on November 17, 2011 after luring Mr Shafiq and his agents into the country to establish business dealings in gold.
The prosecution said when Mr Shafiq and his agents arrived in Ghana, they were told that the gold had been lodged in a vault at the SG-SSB Bank and were made to pay $3.5 million before it would be released.
It said the money was lodged in an account at the Abeka branch of the GT Bank and the alleged gold subsequently handed over to the buyers.
The prosecution further stated that when Mr Shafiq and his agents decided to verify the authenticity of the 135 kilogrammes of gold after it had been delivered, only five kilogrammes was found to be authentic.
It said when Mr Shafiq and his agents complained and threatened to lodge a complaint with the police, Juanah allegedly warned them not to dare, as they would be incarcerated for transacting an illegitimate business as illegal immigrants.
It said Mr Shafiq and his agents quickly left the country for Dubai and were advised to lodge a complaint with the National Security, which referred the matter to EOCO.
According to the prosecution, investigations had so far revealed that Juanah drafted the contract agreement for the transactions and acted as solicitor for both the buyer and the seller, while Amoah, a friend of Juanah and Agyei, acted as consultant to Mr Shafiq and his agents.
The lawyer accused of aiding money laundering activities, Charles Owusu Juanah, was yesterday granted bail in the sum of $4 million with two sureties, one of which is to be justified.
The Financial Division of the Fast Track High Court also granted bail in the sum of $4 million with two sureties, one of which to be justified, to his alleged accomplice, Victor Amoah.
They were also ordered to report themselves at the offices of the Economic and Organised Crime Office (EOCO) at 10 a.m. daily.
A third accused person, Nana Kwaku Agyei, was, however, remanded to reappear on January 26, 2012.
Juanah and Amoah, who pleaded not guilty to two counts of conspiracy and aiding and abetting money laundering activities, were granted bail after the prosecution had substituted an earlier charge sheet with a new one.
They were initially charged with conspiracy and money laundering. They are being accused of obtaining, through money laundering activities, $3.5 million from a Dubai-based businessman, Mohammed Shafiq, who is the Chief Executive Officer of Jampur Group, and his agents.
At the court’s sitting in Accra yesterday, a large crowd which had thronged the court premises to give support to the accused persons applauded thunderously immediately the trial judge, Mr Justice John Ajet-Nasam, announced that the two had been granted bail.
The judge, however, brought the crowd to order and warned them not to repeat that act or risk being cited for contempt of court.
Bail was granted to the two after their team of lawyers had prayed the court to grant them bail on the grounds that charges preferred against them were bailable offences.
Lead counsel for Juanah and Amoah, Mr Ellis Owusu-Fordjour, argued that the charges preferred against his clients were flawed and asked, “How can one aid and abet money laundering offences?”
He prayed the court to grant his clients bail for proper investigations to be carried out to determine whether or not his clients were the proper ones to be charged.
Mr Owusu-Fordjour informed the court that his clients were responsible persons who had offices and permanent places of abode and for that reason they would not flout the court’s orders when granted bail.
He also informed the court that his clients had substantial sureties who were willing to stand in for the accused persons, adding that the Constitution deemed the accused persons innocent until proved guilty.
One of the lawyers for Juanah and Amoah, Mr George Heward-Mills, argued that it would be unjust for the court to hold their clients under the circumstance, adding, “If you persist in prayer, the Lord will answer you.”
Counsel for Agyei, Mr Joseph Turkson, prayed the court to grant his client bail under reasonable terms and conditions.
A State Attorney, Mr Edward Cudjoe, on the other hand, disagreed with the defence team and prayed the court to remand the accused persons, since investigations were ongoing.
Juanah, who is alleged to be the principal architect, is said to have collected the $3.5 million from the GT Bank headquarters about 9:45 p.m. on November 17, 2011 after luring Mr Shafiq and his agents into the country to establish business dealings in gold.
The prosecution said when Mr Shafiq and his agents arrived in Ghana, they were told that the gold had been lodged in a vault at the SG-SSB Bank and were made to pay $3.5 million before it would be released.
It said the money was lodged in an account at the Abeka branch of the GT Bank and the alleged gold subsequently handed over to the buyers.
The prosecution further stated that when Mr Shafiq and his agents decided to verify the authenticity of the 135 kilogrammes of gold after it had been delivered, only five kilogrammes was found to be authentic.
It said when Mr Shafiq and his agents complained and threatened to lodge a complaint with the police, Juanah allegedly warned them not to dare, as they would be incarcerated for transacting an illegitimate business as illegal immigrants.
It said Mr Shafiq and his agents quickly left the country for Dubai and were advised to lodge a complaint with the National Security, which referred the matter to EOCO.
According to the prosecution, investigations had so far revealed that Juanah drafted the contract agreement for the transactions and acted as solicitor for both the buyer and the seller, while Amoah, a friend of Juanah and Agyei, acted as consultant to Mr Shafiq and his agents.
Osafo-Maafo Drags EOCO To Court
Thursday, January 19,2011 (Page 3 Lead)
A former Minister of State, Mr Yaw Osafo-Maafo, has dragged the Economic and Organised Crimes Office (EOCO) to the Fast Track High Court, challenging EOCO’s decision to invite him to testify in investigations into the payment of GH¢58 million to a businessman, Mr Alfred Woyome.
According to Mr Osafo-Maafo, who was once a Minister of Finance and Economic Planning, public utterances by the President, the Deputy Attorney-General and the EOCO clearly indicated bias and the likelihood that the investigations would be prejudiced against him.
He is, accordingly, praying the court to declare that the purported investigations being undertaken by EOCO into what he termed suspected serious offences, including fraud in the award and execution of contract for the construction of stadia for CAN 2008, and an invitation to him to assist in investigations were unlawful to the extent that they were issues raised in a report of the Auditor-General duly laid before Parliament.
The plaintiff is further praying the court to declare that the circumstances involving the payment of the colossal sum of GH¢58,095,974.13 to Mr Woyome and the acts and utterances of the President, the Deputy Attorney-General and the EOCO disabled EOCO from acting in a fair and reasonable manner.
Mr Osafo-Maafo, who is also a former Minister of Education, is pleading with the court to declare that the purported investigations being undertaken by EOCO were actuated by bias and prejudice and, therefore, unlawful under the 1992 Constitution.
He is also seeking an order of perpetual injunction restraining the defendant from proceeding with the investigations into the so-called suspected serious offences, including fraud in the award and execution of contract for the construction of stadia for CAN 2008, as well as other reliefs the court might deem fit.
At the court’s sitting in Accra yesterday, the trial judge, Mr Justice Dennis Adjei, a Court of Appeal judge with additional responsibilities as a High Court judge, appealed to parties in the case not to take any steps that would prejudice the outcome of the case.
The matter could not be heard by the court yesterday because counsel for EOCO, Dr Philip Anderson, had sent a letter and a medical report indicating that he was indisposed.
Counsel for Mr Osafo-Maafo, Mr Godfred Yeboah Dame, then prayed the court to stop EOCO from continuing with investigations until the final determination of the matter.
The presiding judge advised Mr Dame to file an application for contempt against EOCO but Mr Dame said it would not serve any purpose, since the investigations might be completed before court processes were filed.
Mr Osafo-Maafo was accompanied to the court by a former Deputy Minister of Sports, Mr O. B. Amoah; Mr Kwaku Agyemang-Manu, a former Deputy Minister of Finance, and other sympathisers.
Meanwhile, the plaintiff has filed an application for interlocutory injunction for an order to restrain EOCO and its agents from continuing with investigations into the award and execution of contract for the construction of stadia for CAN 2008 pending the final determination of the suit.
According to the applicant, who said he received a letter dated January 5, 2012 inviting him to assist in EOCO’s investigations, his suit had a great chance of success and so unless EOCO was restrained by the court, he would suffer irreparable loss.
An affidavit in support of his suit stated that EOCO’s continuous conduct of investigations into the matter was likely to prejudice a fair hearing and determination of the suit and in the process occasion a miscarriage of justice.
An affidavit in support of the substantive suit and deposed to by counsel for Mr Osafo-Maafo stated, among others, that the President’s directive to EOCO was a ruse in furtherance of the President’s agenda to divert attention and calculated at vindicating his prior public pronouncements of wrongdoing and impropriety by key members of the erstwhile New Patriotic Party (NPP) administration.
It said the various public statements of the President, as well as other government functionaries, on the payment of money to Mr Woyome undoubtedly demonstrated the bias and the prejudice of the government and the Office of the Attorney-General, the authority with oversight responsibility for EOCO.
According to the affidavit in support, “Given the ample exhibition of bias and prejudice against key personalities in the erstwhile Kufuor administration, including the plaintiff, the defendant cannot be trusted to carry out any fair or impartial investigations into the relevant issues in controversy.”
It further pointed out that the President’s directive mandating EOCO to carry out the investigations in question was in utter bad faith and in gross contravention of the injunction imposed on all persons in positions of authority by the combined effect of articles 23 and 296 of the 1992 Constitution to act fairly, reasonably and in accordance with due process and in a manner devoid of prejudice, arbitrariness and capriciousness.
“Indeed, the conduct of the President and the Attorney-General so far flouts the fundamental principle of natural justice underpinning our legal system for a person not to be a judge in his own cause and for that matter ought to be curtailed by this honourable court,” the affidavit in support stated.
It added that the Constitution mandated only Parliament to investigate matters arising out of reports of the Auditor-General.
A former Minister of State, Mr Yaw Osafo-Maafo, has dragged the Economic and Organised Crimes Office (EOCO) to the Fast Track High Court, challenging EOCO’s decision to invite him to testify in investigations into the payment of GH¢58 million to a businessman, Mr Alfred Woyome.
According to Mr Osafo-Maafo, who was once a Minister of Finance and Economic Planning, public utterances by the President, the Deputy Attorney-General and the EOCO clearly indicated bias and the likelihood that the investigations would be prejudiced against him.
He is, accordingly, praying the court to declare that the purported investigations being undertaken by EOCO into what he termed suspected serious offences, including fraud in the award and execution of contract for the construction of stadia for CAN 2008, and an invitation to him to assist in investigations were unlawful to the extent that they were issues raised in a report of the Auditor-General duly laid before Parliament.
The plaintiff is further praying the court to declare that the circumstances involving the payment of the colossal sum of GH¢58,095,974.13 to Mr Woyome and the acts and utterances of the President, the Deputy Attorney-General and the EOCO disabled EOCO from acting in a fair and reasonable manner.
Mr Osafo-Maafo, who is also a former Minister of Education, is pleading with the court to declare that the purported investigations being undertaken by EOCO were actuated by bias and prejudice and, therefore, unlawful under the 1992 Constitution.
He is also seeking an order of perpetual injunction restraining the defendant from proceeding with the investigations into the so-called suspected serious offences, including fraud in the award and execution of contract for the construction of stadia for CAN 2008, as well as other reliefs the court might deem fit.
At the court’s sitting in Accra yesterday, the trial judge, Mr Justice Dennis Adjei, a Court of Appeal judge with additional responsibilities as a High Court judge, appealed to parties in the case not to take any steps that would prejudice the outcome of the case.
The matter could not be heard by the court yesterday because counsel for EOCO, Dr Philip Anderson, had sent a letter and a medical report indicating that he was indisposed.
Counsel for Mr Osafo-Maafo, Mr Godfred Yeboah Dame, then prayed the court to stop EOCO from continuing with investigations until the final determination of the matter.
The presiding judge advised Mr Dame to file an application for contempt against EOCO but Mr Dame said it would not serve any purpose, since the investigations might be completed before court processes were filed.
Mr Osafo-Maafo was accompanied to the court by a former Deputy Minister of Sports, Mr O. B. Amoah; Mr Kwaku Agyemang-Manu, a former Deputy Minister of Finance, and other sympathisers.
Meanwhile, the plaintiff has filed an application for interlocutory injunction for an order to restrain EOCO and its agents from continuing with investigations into the award and execution of contract for the construction of stadia for CAN 2008 pending the final determination of the suit.
According to the applicant, who said he received a letter dated January 5, 2012 inviting him to assist in EOCO’s investigations, his suit had a great chance of success and so unless EOCO was restrained by the court, he would suffer irreparable loss.
An affidavit in support of his suit stated that EOCO’s continuous conduct of investigations into the matter was likely to prejudice a fair hearing and determination of the suit and in the process occasion a miscarriage of justice.
An affidavit in support of the substantive suit and deposed to by counsel for Mr Osafo-Maafo stated, among others, that the President’s directive to EOCO was a ruse in furtherance of the President’s agenda to divert attention and calculated at vindicating his prior public pronouncements of wrongdoing and impropriety by key members of the erstwhile New Patriotic Party (NPP) administration.
It said the various public statements of the President, as well as other government functionaries, on the payment of money to Mr Woyome undoubtedly demonstrated the bias and the prejudice of the government and the Office of the Attorney-General, the authority with oversight responsibility for EOCO.
According to the affidavit in support, “Given the ample exhibition of bias and prejudice against key personalities in the erstwhile Kufuor administration, including the plaintiff, the defendant cannot be trusted to carry out any fair or impartial investigations into the relevant issues in controversy.”
It further pointed out that the President’s directive mandating EOCO to carry out the investigations in question was in utter bad faith and in gross contravention of the injunction imposed on all persons in positions of authority by the combined effect of articles 23 and 296 of the 1992 Constitution to act fairly, reasonably and in accordance with due process and in a manner devoid of prejudice, arbitrariness and capriciousness.
“Indeed, the conduct of the President and the Attorney-General so far flouts the fundamental principle of natural justice underpinning our legal system for a person not to be a judge in his own cause and for that matter ought to be curtailed by this honourable court,” the affidavit in support stated.
It added that the Constitution mandated only Parliament to investigate matters arising out of reports of the Auditor-General.
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