'I played key roles in Scancom operations'

Wednesday, April 22, 2009 (Page 14)

THE Businessman who has sued Scancom Ghana Limited and two others over a shareholding dispute yesterday told the Commercial Court in Accra that he played key roles which culminated in the successful operations of Scancom.
Mr Richmond Aggrey said he relinquished his licence to operate a telecommunications company to partner Scancom and was instrumental in identifying and developing cell sites for the operations of Scancom between 1996 and 1997 when he was then Vice Chairman and a member of the Board of Directors of Scancom.
The plaintiff has sued Scancom, Investment Consortium Holdings, SA (Investcom) and Grandview Management Inc. of Texas for illegally taking over his 20-per cent shares in Scancom.
He instituted legal action in 2006 against the defendants but Grandview Management, which held Mr Aggrey’s shares in trust until the take-over by Investcom and Scancom, has maintained that it was not party to the take-over of the shares and has since then argued in favour of Mr Aggrey.
Answering questions under cross-examination from counsel for Scancom, Mr Benson Nutsukpui, the plaintiff said he and his team at Scancom had initial difficulties in clearing the company’s equipment at the ports, difficulty in acquiring and developing cell sites and base stations among others.
For instance, he stated that unlike its competitors who enjoyed full support of the government at the time , Scancom, for several months, could not clear its goods from the ports.
He further explained that Scancom was facing those challenges because former President J. J. Rawlings disliked him and for that reason, it was agreed by other shareholders that he (Mr Aggrey) should step aside and relinquish his 20-per cent shares for safe-keeping.
Counsel: Scancom did not experience difficulties in clearing its equipment.
Mr Aggrey: My Lord, that is not true.
Counsel: There was no regulatory interference in the operations of Scancom between 1996 and 1997.
Mr Aggrey: My Lord, that is not true. Other board members will testify to that. I and Mr David Hesse (then company secretary of Scancom) were delegated to resolve these difficulties.
Mr Aggrey also denied an assertion which suggested that he joined Scancom after Scancom had acquired its licence to operate a GSM network.
Earlier, counsel for Mr Aggrey, Mr Yonny Kulendi, had objected to Mr Nutsukpui asking questions bordering on a letter of credit totalling $500,000 which was issued to Mr Aggrey by his bankers to enable him to pay for his licence to operate a telecom company in 1994.
According to Mr Kulendi, the letter had not been admitted in evidence and for that reason it was improper for Mr Nutsukpui to cross-examine his client on its contents without first tendering it in evidence.
The trial judge, Ms Justice Barbara F. Ackah Yensu, then enquired from Mr Nutsukpui whether or not he would like to tender the letter in evidence but Mr Nutsukpui replied that he would decide that after cross-examining the plaintiff on the letter.
Mr Kulendi then came in and reminded Mr Nutsukpui that he (Nutsukpui) had on Monday wasted the court’s time by referring to the letter which was not in evidence.
According to counsel, although Mr Nutsukpui had a copy of the letter in his possession, cross-examination of the plaintiff was adjourned to enable his client, who at the time had left the original copy of the letter behind, to produce the letter yesterday (Tuesday).
Mr Kulendi said it would, therefore, be gravely prejudicial for Mr Nutsukpui to state that he (Mr Nutsukpui) would decide whether or not to tender the letter through the plaintiff after cross-examining him on it.
The court then moved in to direct Mr Aggrey to tender the letter in evidence to enable Mr Nutsukpui to cross-examine him as required under the evidence decree, which he did.
Hearing continues today, Wednesday April 22, 2009.
In the substantive matter in Accra, Mr Aggrey has sued Investcom, Scancom and Grandview Management over unlawful take-over of his 20-per cent shares in Scancom Ghana Limited.