Asabee, wife, two others freed

Former Information Minister in the Kufuor regime, Mr Stephen Asamoah Boateng and his wife Zuleika Lorwia have been acquitted and discharged by the High Court in Accra.

The former Minister and his wife were charged with six others for conspiracy to defraud the state
The charges included contravention of the public procurement act and conspiracy.
The charges were related to a contract awarded to Mr Asamaoh-Boateng’s sister-in-law for some renovation works at the Information Ministry during his tenure of office as Sector Minister.
They were charged together with six other people, including former Deputy Information Minister in the same regime, Mr Frank Agyekum. Mr Agyekum has however been asked by the court to open his defence with five other people.
The case has been pending since 2009.
The accused are alleged to have conspired to defraud the state of GH¢86,915.85 as a result of renovation works carried out at the Ministerial Block of the ministry during Mr Asamoah Boateng’s tenure as minister.
The other accused persons are Frank Agyekum; a former Deputy Minister of Information, Dominic Aloysius Yaw Sampong; a former acting Chief Director of the Ministry of Information, Kwabena Denkyira; a former Director of Finance and Administration at the ministry, and Prosper Arku of SPAL.
Mr Asamoah-Boateng, Zulieka, Kofi, Agyekum, Sampong and Domua were jointly charged with contravening the provisions of the Public Procurement Act.
A detailed report of the proceedings in court was published in Saturday June 14, 2014 edition of the Daily Graphic

EOCO testifies in UT Bank contempt tussle

The Financial Division of the Fast Track High Court on June 5, began taking oral evidence to determine the actual owner of the US$391,250 which has been paid into the coffers of the Judicial Service by UT Bank.

An official of the Economic and Organised Crime Office (EOCO), Mr Patrick Kofi Awoonor, said his outfit had received a complaint from Mr Prince Adeleke Oyinlola that two of the defendants in the case had planned to take away his vessel.
The said defendants are Auxesia Energy Limited, from whose account the money was withdrawn, and MT Soleushing UK, a vessel operating company.
According to the witness, the complainant also levelled money laundering and financing of terrorism activity allegations against Auxesia Energy.
Mr Awoonor said his outfit received the complaint in June 2013, for which reason EOCO froze Auxesia Energy’s account in July 2013 in order to complete investigations.

Background

Led by Mr Edward Cudjoe, counsel for EOCO, to give his evidence-in-chief, the witness said Oyinlola told EOCO that one Christopher Isiboi had contracted him (complainant) to transport low pour fuel oil (LPFO) to Saltpond in the Central Region, but two of the crew members were held hostage in Nigeria until payment was effected by Auxesia Energy.
He said Auxesia Energy issued a cheque for $391,250 to Isiboi as charter fee after the LPFO had been offloaded in Saltpond.
According to the witness, MT Soleushing UK later claimed ownership of the vessel, resulting in the matter ending up in the courts and the subsequent lodgement of the cash into the coffers of the Judicial Service.

Cross-examination

Answering questions under cross-examination from counsel for Auxesia Energy, Mr Godfred Yeboah Dame, the witness told the court that Oyinlola’s complaint bordered on the loading of the LPFO and source of the product.
Asked how the loading of the LPFO constituted a terrorist activity, the witness said the owner of the product was still under investigations, with assistance from the Economic and Financial Crime Commission (EFCC) of Nigeria.
Asked to indicate the nature of the terrorism activity on the part of any of the parties to the court, Mr Awoonor said, “We are not saying we are investigating terrorism.”
At that moment, counsel read out Paragraph 22 of EOCO’s statement of case which the witness said he was well aware of.
Mr Dame read out the said paragraph, where EOCO indicated that the account of Auxesia Energy had been frozen due to terrorism allegations and then queried the witness if he meant to say Auxesia Energy was not under investigations.
Mr Awoonor then explained that MT Soleushing UK was also under investigations.
The following transpired between Mr Dame and Mr Awoonor:
Mr Dame: Is it your case that the ownership of the vessel constituted terrorism?
Mr Awoonor: I did not say that the ownership of the vessel is what we are investigating.
Counsel asked the witness how possible it was to finance a terrorism activity without it taking place, to which Mr Awoonor said Auxesia Energy made payments to people it did not know.
Mr Dame then asked the witness if he meant to say it constituted terrorism to pay business partners one did not know in other countries.
The witness answered, “No, my Lord.”

Auxesia is not source of LPFO

Mr Dame then asked Mr Awoonor if the source of the LPFO had come up during the investigations, to which the witness said Isiboi was assisting the EFCC of Nigeria.
Queried if Auxesia Energy was the source of the LPFO, the witness answered, “No, my Lord.”
In defining terrorism, Mr Awoonor said it meant engaging in activities that posed a threat and danger to others.

For more on the issue, click HERE

Kufuor interfered with process — Woyome

June 10, page -16 

Businessman Alfred Agbesi Woyome Monday said that former President J. A. Kufuor interfered with the bidding process for stadia construction for the CAN 2008 tournament.

Through the interference, Woyome said, Shanghai Construction Group won the bid for the construction of stadia at Essipon and Tamale.
Testifying in his GH¢51.2 million criminal case, Woyome told the Financial Division of the High Court that although the bidding process had ended and his company had won the bid for the construction of the stadia, the procurement process was sidestepped to give the Chinese company undue advantage.
Slamming the cancellation of his contract, Woyome disclosed that Shanghai’s earlier quotation of $18 million as being the cost of constructing each stadium was “not realistic” and false because a memorandum of understanding (MoU) signed between the government and the Chinese company quoted $38 million as the cost for constructing each stadium.
He supported his claim of what he termed “interference” on the part of former President Kufuor, with a Cabinet memo signed by a former Minister of Education and Sports, Mr Yaw Osafo-Maafo, and dated July 27, 2005.

Snippets of the memo

The MoU, which has been tendered in evidence, stated, among other issues, that President Kufuor had expressed the eagerness to ensure the take-off of the project in good time and at a very competitive cost.
It said the former President was, therefore, of the view that the winning quotations were “rather too high” and hence recommended the construction of modest stadia he had come across while on a visit to Shanghai in China.
According to the memo, President Kufuor’s sentiments had earlier been communicated in a letter signed by Dr Kofi Amoah, then Chairman of the Local Organising Committee (LOC) of CAN 2008, and dated July 20, 2005.
In the said letter, Dr Amoah had informed Mr Osafo-Maafo that the Shanghai Construction Group had pleaded to be chosen to build a 15,000-capacity stadium within 21 months for $18 million.
In a related development, a letter containing Mr Osafo-Maafo’s challenge of the inclusion of the Shanghai Group’s bid is currently being sought for at the Ministries of Youth and Sports and Education.

After bid process

The Cabinet memo further pointed out that the Shanghai Group had not submitted any bid by February 7, 2005 to be considered by the evaluation committee and that the company had expected the government to provide direct funding for the construction, although other firms had been rejected for not providing funding.
Led by his lawyer, Mr Sarfo Buabeng, to give his evidence-in-chief in the case in which he has been accused of defrauding by false pretence and causing financial loss to the state, Woyome said Mr Osafo-Maafo and Dr Amoah were sent to China to negotiate with the Shanghai Group.
According to the accused person, the MoU quoted $38 million as the cost of the construction of one stadium, instead of Shanghai’s earlier $18 million quotation.

Petition to Attorney-General

In an agitated tone, which was occasionally calmed by either his lawyer or the trial judge, Woyome stated that he was contracted by the government to do financial engineering to raise funds for the stadia construction project.
According to him, two per cent of the fund raised was to be paid to him and so after the government had abrogated the contract for the stadia construction project, he got in touch with a lawyer from London to represent his interest.
The accused person told the packed courtroom that his lawyer tried an amicable settlement of the matter with former President Kufuor’s government but all to no avail.
Following from that, the accused person said he consequently petitioned the then Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, who called for a meeting of all stakeholders.
He said at the said meeting, Waterville Holdings explained that the financial engineering initiated by Woyome was separate from two contracts the government had signed with Waterville Holdings for stadia construction.
Woyome was said to have raised a 1.1 billion euro facility from Banc Austria, and as part of the conditions for the release of the funds for the stadia construction and other projects, the government was to accept the facility by September 30, 2005 or risk losing it.
The government did not accept the said facility.

Settlement

The accused person told the court that he consolidated his claim and began a process with the Attorney-General’s Department towards settlement.
He said it was eventually agreed that he should be paid two per cent of the total arranged funding for projects which would have comprised six regional hospitals, one national accident and emergency hospital with an 800-bed capacity, 10 regional stadia and more than 60 plant and tissue culture facilities for the Ghana Atomic Energy Commission (GAEC).

Ghana Mission in China

A letter from the Ghana Mission in China, signed by the then First Secretary, Mr Maxwell Nyarko-Lartey, and dated August 11, 2005, which furnished the LOC with particulars of the Shanghai Group’s bid, was tendered in evidence after the court had overruled the prosecution’s objection to the tendering of the document.
Asked where he got the letter from, Woyome replied that it was a “public document” which, in effect, could be accessed by anyone.

For more information on the Case, follow this LINK

Okyenhene challenged to prove defamation

Publishers of The Herald have described a suit brought against them by the Okyenhene, Osagyefuo Amoatia Ofori Panin, as a blatant harassment for doing their legally stipulated duty as journalists.

They denied in their statement of defence that they defamed the Okyenhene.

Osagyefuo Ofori Panin has filed a libel suit at the Fast Track High Court against Prime Mark Company Limited, publisher of The Herald, Mr Larry-Alans Dogbe, Editor of the paper, and two others for variously publishing alleged libellous materials which, according to him, had tarnished his hard-won reputation both locally and internationally.

The two other defendants are Nana Kwame Adjei-Boateng, a member of the Asona royal family of Kyebi, and Kofi Nyame, a reporter with the newspaper. 

Osagyefuo Ofori Panin is accordingly praying the court to perpetually restrain the defendants from further publishing libellous materials against him.

The said libellous material was published on the front page of the May 5, 2014 edition of the paper. 

According to the Okyenhene, it sought to create the impression that he was championing illegal mining activities, popularly known as galamsey, at Kyebi. 

He wants the court to award exemplary damages in the sum of GH¢5 million against the defendants, as well as order them to bear the cost of solicitor’s fees.

The first defendant in the suit is Nana Adjei-Boateng. 

Defence 

A statement of defence filed on behalf of Mr Dogbey and Prime Mark Company Limited, by their lawyer Mr David Annan, argued that claims that only The Herald circulated the story was false because all radio stations in the country circulated it.

According to the statement, the story emanated from Nana Adjei-Boateng, a royal from the plaintiff’s family.

The defendants argued that “various receipts emanating from the Office of the Okyenhene and given to persons carrying out mining activities exist”.

Ordinary meanings

They challenged the Okyenhene to prove how the publication had lowered his reputation in the estimation of right thinking members of the society or how the publication exposed him to public ridicule, odium and contempt.

Responding to the plaintiff’s claim that the story was accentuated by malice, the defendants argued that the claim was “hollow, untenable and speculative at best and constitutes a vain and futile attempt to justify the claim.”

No cause of action

The statement further held that the plaintiff’s writ and claim were extravagant, tenuous and misconceived because they disclosed no cause of action against the defendants, who it said were only performing their duty to inform and convey the sentiments and comments of individuals and organisations to other members of the public.

According to the defendants, they are constitutionally mandated to publish interviews and press releases.

Okyenhene sues The Herald for defamation; Demands GH¢5m

Okyenhene, Osagyefo Amoatia Ofori Panin

The Okyenhene, Osagyefo Amoatia Ofori Panin, has filed a suit at the Fast Track High Court against the publishers of The Herald newspaper and three others for accusing him of engaging in illegal mining.
According to the Okyenhene, Prime Mark Company Limited, publishers of The Herald newspaper, Nana Kwame Adjei-Boateng, a member of the Asona Royal family, Larry-Alans Dogbe, the Managing Editor of The Herald and Kofi Nyame, a reporter with the newspaper, variously published libellous materials which have tarnished his hard-won reputation, both locally and internationally.
The publication was carried on the front page of the May 5, 2014 edition of the newspaper.

Demand from lawyer

The Okyenhene is praying the court to perpetually restrain the defendants from further publishing libelous materials against him.
He also wants the court to award exemplary damages against the defendants, as well as order them to bear the cost of the solicitor’s fees.
Counsel for the Okyenhene, Mr Godfred Yeboah Dame, is asking for GH¢5 million general damages against the defendants.
According to him, the Okyenhene is a well-known local and international personality whose reputation has been gravely affected by the libelous publication.
“Therefore, the instant action is intended to stop these attacks on the personality of Osagyefo, as well as on the integrity of the stool he occupies. We intend to press the court for the award of the highest amount of damages ever awarded in the history of a libel action. The reputation of Osagyefo is very huge and cannot be maligned unnecessarily,” Mr Dame argued.
Severe damage
According to the statement of claim, the said publication sought to libel the Okyenhene as a criminal who should be put away from society.
It said the publication also sought to create the impression that the Okyenhene lived a deceptive life, championed environmental degradation and was, therefore, an unworthy ambassador in environmental protection.
“The said publication has exposed plaintiff to public odium, ridicule and contempt in the eyes of right-thinking members of society worldwide,” the statement added.

Clich HERE to Listen to the Okyehene's counsel, Godfred Yeboah Dame
 

Kombian back in the dock for murder

 February 8, 2014 (Page 24/25)

FLASHBACK: Johnson Kombian being escorted by prison wardens to court

The notorious robber, Johnson Kombian, who once broke jail and suffered penalty for it, has been accused of murdering two policemen.

Kombian is facing two counts of murder and one count of conspiracy.
The Fast Track High Court, which was billed to hear the case yesterday, adjourned proceedings to March 4, 2014 because the accused person was absent.
The presiding judge, Mr Justice Mustapha Habib Logoh, directed officials of the Ankaful Prison in Cape Coast to bring the accused person to court on the next adjourned date.
A Chief State Attorney, Mr Anthony Rexford Wiredu, had prayed the court to adjourn proceedings to enable the prison officers to produce Kombian at the next hearing.

Nature of Offence
 Kombian, alias Garkun (meaning “death fears”), and his accomplices, who are currently on the run, are alleged to have ambushed three policemen on October 17, 2010 and succeeded in killing two of them.
The deceased are Constable Prince Agyare and Constable Owusu Frimpong.
The third policeman, Corporal Osei Bonsu, who sustained gunshot wounds, survived.

Facts of the case
The facts of the case are that Kombian allegedly conspired with his friend, Kofi Naaman, alias Accra Boy, to rob Djato Mathias and then attempted to kill him.
Kombian was arrested, tried and sentenced to serve six years in prison by the Circuit Court in Tamale but he escaped while serving his jail term


Nakpanduri Terror
According to the prosecution, Kombian sought refuge at Nakpanduri in the Bunkprugu Yunyoo District in the Northern Region, which happened to be his home town.
On October 17, 2010, the accused person and his accomplices received information that a number of policemen had been detailed to perform duties at the Nakpanduri Scarp.
Suspecting that the policemen had been assigned to pick him up, Kombian and his friends, who were also labelled as notorious robbers by the prosecution,  ambushed and attacked the three policemen.
They allegedly fired gunshots at the deceased policemen who were then on a motorbike. The policemen fell into a 10-metre long valley in the process.
The accused person and his group continued to fire sporadically into the valley, with the hope of killing the policemen, who also retaliated with occasional gun fire.
Agyare made a distress call while firing back at Kombian and his gang from his hide out.

More fire
After 30 minutes of firing, Kombian and his gang stopped, and on realising that the gunshots had ended, Agyare and his colleagues mistakenly thought their attackers had left. They, therefore, came out of their hideout and were subjected to more gun fire.
Help finally came for Agyare and his colleagues while Kombian and his accomplices bolted. The wounded policemen were conveyed to the Nalerigu Hospital but Agyare was later pronounced dead.
Frimpong died later, while Bonsu was transferred to the Police Hospital in Accra where he was treated and discharged.

The escape
Kombian escaped to Togo after the incident but he was later picked up by the Togolese authorities and handed over to the Ghanaian authorities.
The accused person was convicted by the Circuit Court, presided over by Mr Justice E. Kyei-Baffour, and sentenced to serve five years’ imprisonment for escaping from lawful custody.
The accused person, who is currently serving an 11-year jail term, was subsequently put before the District Court which committed him for trial at the Fast Track High Court.

Student to be sentenced - for posting nude pictures of fiancee on Facebook

The student who posted nude pictures of his fiancée on Facebook in retaliation for being jilted by her wept uncontrollably at the Circuit Court in Accra last Wednesday, February 5, 2014.

Henry Alibah pleaded guilty to the offence and wept as his lawyer implored the court to have mercy on him.
His tears did not evoke any sentiments in the trial judge, who reminded him that emotions did not come to play in the law.
That reminder, nonetheless, did not stop him from shedding more tears.
He will be sentenced on February 18, 2014.

Snippets of offence

The accused person, who posted the nude pictures of his former fiancée on Facebook on November 25, 2013, added the caption: “Porn star, pay and f**k.”
He then proceeded to attach his former fiancee’s mobile phone number to the uploaded picture for interested persons to call.
He was first arraigned on January 22, 2014, and a plea of not guilty was entered on his behalf by the court, presided over by Ms Ellen Vivian Amoah.
Counsel for Alibah, Mr Gad Cobbinah, told the court at its sitting in Accra last Wednesday that his client had showed remorse and would, therefore, not repeat that act again.
According to counsel, the accused person had apologised to the complainant, her family and the respective schools they both attended.
Mr Cobbinah stated that his client was a first offender and, therefore, averted the court’s mind to the fact that the law allowed either the imposition of a fine or a bond to be of good behaviour as punishment for Alibah’s offence.

The charge

According to the prosecution, Alibah committed the offence at Mamprobi in Accra after his 10-minute ultimatum to the complainant to rescind her decision to leave him had lapsed.
He has been charged with causing emotional, verbal or psychological abuse, contrary to Section 1 (b) (iv) and Section 3 (2) of the Domestic Violence Act 737/07.

Facts of the case

An Inspector of Police, Mr Kofi Atimbiri, told the court that the complainant was, for the past two years, the fiancee of the accused person.
However, the complainant called off the relationship three months ago via a telephone call but her decision infuriated the accused person, who insisted the relationship be continued.
According to the prosecution, Alibah had earlier called the complainant and warned her to return to him or have her naked pictures posted on Facebook.
On November 25, 2013, the accused person again called the complainant on phone and gave her 10 minutes to change her mind or have her naked pictures uploaded on Facebook.
He uploaded the pictures after the 10 minutes had lapsed and he had observed that the complainant was not prepared to return to him.
The complainant’s friends saw her naked pictures on Facebook and quickly drew her attention to the issue.
She later reported the matter to the police, resulting in the arrest of the accused person.

Writer’s email: mabel.baneseh@graphic.com.gh.

Case of 21 tilapia farmers - counsel to move for default judgement

 February 6, 2014 (page 56)


COUNSEL for the 21 tilapia farmers, who are claiming GH¢1,167,928 damages against the US Group of Companies for breach of contract, will on February 12, 2014, move a motion for the award of default judgement.
Following from the failure of the company to file its defense, lawyer for the plaintiffs, Ms Mary Ohenewaa Afful, will on that day move the motion for default judgement due to the company’s failure to put up a defense.
The matter came up for hearing at the Fast Track High Court in Accra today but the presiding judge, Mr Justice Daniel Mensah, adjourned it to enable the defendants to be served with the necessary documents.
Background
The plaintiffs initiated the action at the Fast Track Division of the High Court in December 2013 for the recovery of GH¢1,167,928 being the company’s total indebtedness to them.
They are claiming interests at the agreed default rate of four per cent per month, legal costs and damages for breach of contract.
In their statement of claim, the plaintiffs, led by an Accra businessman, Mr Alexander Obuobi, said acting on the strength of the defendant’s representation and personal assurances of re-payment with exorbitant interests, they, on or about January 2012, invested money in defendant’s companies and provided all the necessary documentation to the defendant personally to enable them to profit from their various investments.
According to the plaintiffs, it was expressly agreed or alternatively implied by the course of dealings between the parties that the defendant would take steps to pay plaintiffs proceeds after the harvesting period and also after the duration of the loan agreement, either in bulk or individually.
Unfortunately, however, the plaintiffs said that the defendant had made no effort to settle its surrounding liability.

Terms of Agreement
According to the statement of claim accompanying the writ of summons, by the terms of agreement, the cost of a full cage was GH¢6,000.
That it said covered the construction of the cage and stocking it with 6,000 fingerlings of tilapia.
It said the cost of feeding for the first 12 months was GH¢7,020 at the current feeding fee of GH¢780 per month, adding up to a cost of GH13,020, adding that the amount covered the maintenance and any other matters related to the cage and its content for the first years.
Per the agreement, the investor would be subjected to feeding payments only after nine years, for which the cost would be communicated at the beginning of each period which currently stands at GH¢780 per month.
According to the statement, after the first 12 months, harvesting would take place every six months, meaning that investors would get double the total amount they got in the first year.
By the terms of the investment contract with the defendant, it was agreed that plaintiffs would enjoy interest of between 96 and 120 per cent over six to 12 months period and a four per cent default interest per month on any amount outstanding.
No payment
According to the statement of claim, when the dates for redeeming plaintiffs’ investments were due, neither their investment proceeds nor their principal was paid to them.
The defendant, it added, had, therefore, failed, ignored, neglected and or refused to pay the amount owed plaintiffs as of this date.
It said having regard to the defendant’s failure to honour its obligations, the Fidelity Bank cheques the defendant issued to the plaintiffs all bounced at the counter.
“Further, after several futile attempts to cash their monies at the bank, plaintiffs went to defendant’s offices but they were told to go home and await a text message. The text messages eventually arrived on their respective mobile phones promising the anxious investors/plaintiffs that they would be paid in October 2013. However, the company could not make do its promise to pay the investors in October 2013, leaving them in limbo,” the statement said.
It contended that, although, the defendant company remained indebted to the plaintiffs, it continued to hold itself out as a successful and profitable business entity opening supposed branches countrywide.

Court to decide on contempt case against Kofi Amoabeng (February 5, 2014 - page 43)

Kofi Amoabeng, CEO of UT Holdings

The Financial Division of the High Court in Accra will on February 19, 2014 decide whether or not to cite the Chief Executive Officer (CEO) and a manager of UT Bank for contempt of court.

Capt Prince Kofi Amoabeng (retd) and the Manager of the Airport Branch of UT Bank risk jail terms or fines or both should they be found guilty of contempt       of court.
The applicant, Kayode Alade, is praying the court to imprison the CEO for failing to adhere to a December 20, 2013 court order directed at the bank to pay an amount of $391,250.
He wants them in prison until they purged themselves of contempt.
Arguments in court
Counsel for the applicant, Mr Charles Tetteh, moved the application for contempt and set out the cause why the respondents should be cited for contempt of court.
According to counsel, the respondents had demonstrated more than enough grounds to be cited for contempt.
But counsel for the respondents, Mr Chris Archer, held a different view and argued that the applicants had failed to show cause why his clients must be held liable for contempt of court.
He said the respondents had not exhibited any form of willful disobedience to the court to warrant their conviction for contempt.
In any case, counsel argued that there was not sufficient amount in the accounts. According to Mr Archer, the account of Auxesia was “near debit.”
The presiding judge, Mr Justice John Ajet-Nasam, asked counsel what the bank did after realising that the account was near debit, to which counsel said the bank wrote to the court on that issue.
Mr Justice Ajet-Nasam then queried counsel if that was the appropriate thing to do, to which counsel conceded a motion should have been filed instead.
Affidavit of applicant
According to the applicant, his company rendered service to Auxesia Energy and a cheque dated April 4, 2013 was issued by Auxesia to the applicant’s company.
An affidavit in support of the applicant’s motion for contempt said EOCO froze the account of Auxesia Energy and secured a confirmation order to that effect from the court.
It said “before the orders of the court suspending payment and freezing of the said account, the interested party which I represent as its Designated Person Ashore (DPA) had rendered services to Auxesia Energy and issued with a cheque for payment.”
According to the applicant, his company could not access the account because it had been frozen and for that reason it applied to the court for a review of the freezing order and the subsequent payment of money owed by Auxesia Energy.
Court grants motion
Following the applicant’s request for a review of the court’s order, the Financial Division of the High Court, presided over by Mr Justice  Ajet-Nasam, reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.
“The order was served  the bank the same day but UT Bank, Airport branch, and its managing director have failed, refused and or neglected to pay the said amount as ordered by the honourable court,” the affidavit in support said.
A reminder notice, according to the applicant, was served the bank but the applicant did not receive the desired response.
That posturing, according to the applicant, amounted to “blatant disrespect to the court and the sanctity of the judicial system.”
The applicant said it had evidence to the effect that the company had more than $1 million at the time its account was frozen.
“By  that, UT Bank has evinced an attitude of contempt of the honourable court and ought to be dealt with under the cohesive arm of the law,” the applicant submitted.

University of Ghana begins collection of road tolls - Despite legal challenge to its action

  February 3, 2014 (page 32)

• A taxi driver turning away due to his inability to pay the fare. Picture: SAMUEL TEI ADANO

The University of Ghana has begun the collection of road tolls despite a legal challenge to its action. Two students of the university have brought an action against the authorities in their capacity as Ghanaians praying the Supreme Court to stop the university from charging the said road tolls.

They are, accordingly, urging the highest court of the land to declare the action of the university as unconstitutional.
Ernest Victor Apau and Musah Mustapha, per their reliefs, are seeking the court to perpetually restrain the university and its agents from charging motorists who ply the university’s routes.
The university is being sued as an entity. Joined to the suit is the Attorney-General.
Reliefs being sought 
The writ, dated January 29, 2014 and filed on behalf of the applicants by Mr Egbert Faibille, a legal practitioner, came about as a result of the university’s plan to charge road tolls with effect from February 1, 2014.
The reliefs being sought by the applicants include a declaration that upon a true and proper interpretation of Article 174 (1) of the 1992 Constitution, the road usage and user charges the university sought to introduce amounted to taxation.
A move by the university to exempt some of its members of staff from paying the road usage and user charges, according to the applicants, was in violation of Article 17 (1) (2) and (3) of the 1992 Constitution.
They also see that move as an abuse of discretionary powers and are, therefore, praying the court not to countenance it.
The applicants are arguing that the action of the respondents had violated Article 174 (1) of the 1992 Constitution, because the tolls were introduced without an Act of Parliament.
They are further praying the court to grant any other relief it (the court) deemed fit. A date is yet to be fixed for the hearing of the writ.
Toll payment
Meanwhile, the authorities began the collection of the tolls last Saturday, February 1, 2014 at four toll booths, resulting in heavy traffic at the university’s main entrances.
The booths have been mounted at the main entrance at Okponglo, Lingate, located on the Achimota-GIMPA road, TF, on the North Legon Road and the Banney Hostel, opposite the Presbyterian Secondary School.
Commercial drivers pay GH¢2 for entry and the same for exit, private car drivers including students pay GH¢1 and heavy duty trucks are made to pay GH¢3.
Students can, however, pay GH¢100 per month to avoid paying the daily toll.
Lecturers of the university and their dependents, senior staff members, personnel from the armed forces and the police service, as well as those from the fire service, are exempted from the tolls.
Complaint
Many of the taxi drivers who plied the university’s routes paid the tolls amid protests, calling on the authorities to quickly reverse their decision in order not to have a negative effect on their work on campus.
According to them, if the issue was not addressed, they would be compelled to increase their fares.
Already the drivers who convey passengers to various parts of the campus for a previous fee of GH¢3 now charge GH¢6, while those who charged GH¢1 now take GH¢1.50 or GH¢1.70

Jealous woman in court for killing 3

February 1, 2014 (Page 3)

Efua Badu - In police custody

The woman who allegedly set her husband’s house ablaze, resulting in his death and that of two others, was yesterday arraigned before the Adjabeng District Court, charged with murder.

Distraught-looking Efua Badu, 33, was remanded in prison custody to reappear on February 17, 2014.
She was remanded by the court, presided over by Mr Isaac Addo, after the prosecution had prayed the court to remand her.
Her plea was not taken but she has nonetheless confessed to committing the offence.
The prosecution informed the court that investigations have been completed and for that reason, the docket on her case would be forwarded to the Attorney-General’s office for advice.
Members of the deceased’s family were in court to observe proceedings but Efua’s family members were absent.

Background
Efua’s action resulted in the death of Peter Amos Asobayire, 35; his wife, Felicity Asobayire, 25, and their two-and-a-half-year-old daughter, Sarah Asobayire, who were burnt beyond recognition.
Efua, popularly known as Saman Kwenim, allegedly set fire to a can of kerosene and threw it through the window of the uncompleted abode of the family at Dome CFC at about 2 a.m. on Monday.
Two other occupants of the building, Tanko Asobayire, 28, and Michael Amanguri, 25, however, escaped unhurt as they were said to be sleeping in another room in the building.

Genesis
Badu, a local restaurant (‘Chop bar’) operator, was said to have been married to Asobayire for seven years, during which period they had two children — a six-year-old boy and a two-year-old girl.
According to the prosecution, the Asobayire lived at Adome- Tantra Hill before his death, whilst the accused lived at Spintex Road at Flower Pot.
He added that all efforts by Asobayire to move Badu to live with him in his two-bedroom house at Tantra Hill had proved futile, and this caused a lot of misunderstanding between the couple.
This development, he said, compelled Asobayire to go in for a second wife, Felicity Asobayire, who had a two- and-a-half-year-old child, Sarah Asobayire.He said Peter Asobayire arrived with his new wife, Felicity, and the daughter, Sarah, from Navrongo the very night and met their untimely death.
Furthermore, he said Peter Asobayire broke the news to Badu that he had to go in for a second wife.
He indicated that the accused person, who could not cope with the shocking revelation, moved from Spintex Road to Tantra Hill at midnight, set the two bedroom on fire and had the three persons burnt to death.
A report, he said, was made to the police and upon intelligence, the accused was arrested.
The prosecution indicated that a caution statement was taken from the accused and she admitted setting the house on fire.

  

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Cop robbers remanded - they used official car to commit crime (February 1, 2014 - lead story)

Isaac Nimako Yeboah (left) and Robert Fening Amponsah

Two policemen who used an official vehicle to commit robbery were yesterday remanded in custody by the Accra Circuit Court.

General Lance Corporal Robert Fenning Amponsah and General Lance Corporal Isaac Nimako Yeboah allegedly committed the offence with two others who are currently on the run.
They have each pleaded not guilty to four counts of conspiracy and four counts of robbery and were remanded by the court, presided over by Mr Francis Obiri, to reappear on February 12, 2014.
The two were alleged to have acted together with General Lance Corporal Andrew Adu-Poku and one Bright, both on the run, to rob their victims in some parts of Accra between October 2013 and January 2014.

Facts
The three policemen are stationed at Communication National Protection and Formed Police Units, while Bright, according to the prosecution, is a “supposed informant”.
According to the prosecution, the police administration had been receiving complaints of some police officers perpetuating robbery against members of the public.
The report also indicated that the robbers used a marked police Nissan Patrol vehicle in the commission of the crime.
Based on intelligence report, Amponsah, who was the driver in charge of service vehicle with registration number GP 3517, was arrested for investigation.

Caution statement of Amponsah
Amponsah in his caution statement admitted to the offence and mentioned Yeboah and Adu-Poku as his accomplices.
His confession resulted in the arrest of Yeboah. According to the prosecution, Yeboah stated in his caution statement that he, together with Amponsah and Adu-Poku, robbed their victims of GH¢3,500 in the month of October and November, 2013.
Yeboah has, however, denied being part of the team that robbed victims last month January, 11 and 18, 2014.
In the course of investigations, it was revealed that the accused persons conspired to commit robbery by playing various roles.
The police vehicle with two number plates used by the policemenThe police vehicle with two number plates used by the policemenPer their alleged roles, Amponsah was expected to use the service vehicle with registration number GP 3517 meant to convey his commander to work as the vehicle the group would use whenever they were to embark on a robbery operation.
Yeboah, for his part, used service weapons assigned to him for official duties to join his accomplices whenever they embarked on illegal operations.
According to the prosecution,  Adu-Poku was responsible for the procurement of number plates for the robbery while Bright provided information on potential victims.
A different number plate for the operation was provided by Adu-Poku. The fake number plate was usually embossed on the original fixed number plate before they embarked on each robbery expedition.

Findings
It was established during investigations that the accused persons, on various days of robberies, went to the banks where their victims went to withdraw money sent to them by their relatives and friends.
After the victims had come out of the bank to board a taxi home, the accused persons trailed them and crossed them with the police vehicle and arrested them.
They allegedly told the victims that they (victims) were “fraud boys”.
The prosecution said the accused persons allegedly beat up and threatened to lock up their victims in police cells if the victims refused to part with their monies.
Victims who refused to comply with the orders of the accused persons to part with their monies had their moneys forcibly taken away.
They then dropped off their victims at any location and sped off.