Mason jailed for defiling girl, 13

March 7,2014. Page 29

A mason has been slapped with a seven-year jail term for defiling a 13-year-old girl resulting in her pregnancy. Emmanuel Gyau, had chanted incantations on February 20, 2014 in his bid to "spiritually influence" the trial judge but that did not yield any positive results.

Lawyer remanded for failing to appear before court

 March 4, 2014. Page 10.

The Circuit Court in Accra Monday remanded a lawyer in custody for persistently failing to appear before it to answer criminal charges levelled against him.

Jah Josiah, who allegedly stole his client’s $23,125 in 2011, was first put before the court in 2012 but he has not been regular in court.
He was remanded by the court, presided over by Ms Ellen Vivian Amoah, to reappear on March 17, 2014.
The last time he appeared before the court was in August 2013 and has since failed to show up or show cause why he has not been appearing.
Josiah appeared Monday afternoon in a dark suit with a neck collar after a bench warrant had been issued for his arrest.
Apparently fed up with Josiah’s truancy, the trial judge decided to remand him to serve as a deterrent to other accused persons who might decide to take things for granted while dealing with the court system.
One notable bench warrant was issued on May 31, 2012, but it was rescinded on June 1, 2012.
Several bench warrants have been issued for his arrest ever since.
When he eventually came face-to-face with the trial judge yesterday, the accused person attempted to plead with the court for leniency but the trial judge would have none of that.

Bail Conditions
Josiah was initially granted bail in the sum of GH¢30,000 with one surety but the bail condition was reviewed upwards to GH¢50,000 with three sureties due to his repeated failure to appear in court.

Facts of the Case
The complainant’s company, Onward Investment Limited, was, in 2011, accused by the Bank of Ghana (BoG) for collecting money from the public without licence.
A report was subsequently lodged with the Criminal Investigations Department (CID) of the Ghana Police Service where the accused person acted as counsel for the complainant.
According to the prosecution, the complainant was asked to pay $23,125 to the BoG as penalty in 2012 and under the circumstance, the complainant gave the amount to Josiah in February 2012 to pay on his behalf.
However, the accused person failed to pay the money as promised and that resulted in the complainant lodging a complaint with the police.
According to the prosecution, Josiah conceded taking the money from the complainant and pleaded with the police to give him reasonable time to recoup the money from an investment he had made.
He, however, failed to honour his promise to the police and that resulted in his subsequent prosecution.

Retired Army officer in hot waters for serving wife with fake divorce certificate

March 4,2014, Page 10 

In his bid to divorce his wife, a retired Major of the Ghana Armed Forces, Major Daniel Kwame Bessah, allegedly served his wife with a fake divorce certificate, for which reason he has been remanded by the Accra Circuit Court.

Major Bessah (retd) is alleged to have connived with Akwasi Asare Jnr, a clerk of the Judicial Service, and Charlotte Ofori, a typist at the Accra Metropolitan Assembly (AMA), to forge the said divorce certificate.

He has pleaded not guilty to two counts of possessing forged judicial/official document, contrary to Section 166 of Act 29/60, and uttering of forged document, contrary to Section 169 of Act 29/60.

Asare has been charged with one count of forgery of judicial document, while Charlotte is facing one count of abetment of crime.

They have both pleaded not guilty to the charges.

The retired Army officer and the other accused persons are expected to reappear before the court, presided over by Ms Audrey Korcuvi-Tay, on March 7, 2014.

Facts of the Case

According to the prosecution, the complainant got married to Major Bessah (retd) on October 12, 2002, under ordinance and had since been living together as a couple.

In October 2013, the complainant was in her room when Major Bessah (retd) entered, threw a divorce certificate at her and directed her to pack out of their matrimonial home for no reason.

The complainant read through the divorce certificate, dated January 5, 2010 and notarised by the Second Deputy Judicial Secretary.

Complainant astonished

According to the prosecution, the divorce certificate shocked the complainant because she had not been notified of any divorce and had also not participated in any divorce proceedings in any court.

She, therefore, contacted her lawyers, who reported the matter to the police.

Investigations revealed that the purported suit No. CC333/10 on the divorce certificate, which was filed at the Circuit Court, was found to have been signed by a High Court judge, Mr Justice Ofosu Quartey.

It also came up during investigations that Justice Quartey had not sat on any such divorce case, while the suit number could also not be found at the Circuit Court registry.

Outcome of investigations

Police investigations uncovered that both the Deputy Judicial Secretary and the Chief Registrar of the Circuit Court had no knowledge of the said divorce certificate.

Asare, in his caution statement, claimed Charlotte had given him the job and told him it was a mere document meant to facilitate visa acquisition.

Bessah denies

But Major Bessah (retd) has denied the claims of the two accused persons and insisted he had gone for the divorce certificate after paying the required statutory fee.

The prosecution’s position is that Bessah “knew that he and his wife had not appeared before any court, yet went ahead to serve the wife with the document, amidst orders to vacate the premises”.

The premises in the context refer to the matrimonial home of Bessah and the complainant.

In his bid to divorce his wife, a retired Major of the Ghana Armed Forces, Major Daniel Kwame Bessah, allegedly served his wife with a fake divorce certificate, for which reason he has been remanded by the Accra Circuit Court.

Major Bessah (retd) is alleged to have connived with Akwasi Asare Jnr, a clerk of the Judicial Service, and Charlotte Ofori, a typist at the Accra Metropolitan Assembly (AMA), to forge the said divorce certificate.
He has pleaded not guilty to two counts of possessing forged judicial/official document, contrary to Section 166 of Act 29/60, and uttering of forged document, contrary to Section 169 of Act 29/60.
Asare has been charged with one count of forgery of judicial document, while Charlotte is facing one count of abetment of crime.
They have both pleaded not guilty to the charges.
The retired Army officer and the other accused persons are expected to reappear before the court, presided over by Ms Audrey Korcuvi-Tay, on March 7, 2014.
Facts of the Case
According to the prosecution, the complainant got married to Major Bessah (retd) on October 12, 2002, under ordinance and had since been living together as a couple.
In October 2013, the complainant was in her room when Major Bessah (retd) entered, threw a divorce certificate at her and directed her to pack out of their matrimonial home for no reason.
The complainant read through the divorce certificate, dated January 5, 2010 and notarised by the Second Deputy Judicial Secretary.
Complainant astonished
According to the prosecution, the divorce certificate shocked the complainant because she had not been notified of any divorce and had also not participated in any divorce proceedings in any court.
She, therefore, contacted her lawyers, who reported the matter to the police.
Investigations revealed that the purported suit No. CC333/10 on the divorce certificate, which was filed at the Circuit Court, was found to have been signed by a High Court judge, Mr Justice Ofosu Quartey.
It also came up during investigations that Justice Quartey had not sat on any such divorce case, while the suit number could also not be found at the Circuit Court registry.
Outcome of investigations
Police investigations uncovered that both the Deputy Judicial Secretary and the Chief Registrar of the Circuit Court had no knowledge of the said divorce certificate.
Asare, in his caution statement, claimed Charlotte had given him the job and told him it was a mere document meant to facilitate visa acquisition.
Bessah denies 
But Major Bessah (retd) has denied the claims of the two accused persons and insisted he had gone for the divorce certificate after paying the required statutory fee.
The prosecution’s position is that Bessah “knew that he and his wife had not appeared before any court, yet went ahead to serve the wife with the document, amidst orders to vacate the premises”.
The premises in the context refer to the matrimonial home of Bessah and the complainant.

- See more at: http://graphic.com.gh/news/general-news/18730-retired-army-officer-in-hot-waters-for-serving-wife-with-fake-divorce-certificate.html#sthash.OmRMm0Pz.dpuf

Accused in GYEEDA case meets bail conditions

February 28,2014. Page 43

One of the accused persons in the GH¢4.1 million GYEEDA case has finally met bail conditions imposed by the Financial Division of the High Court.

He has been in lawful custody for four weeks, four days.
Philip Akpeena Assibit, who was on January 24, 2014 granted a GH¢2 million bail, with four sureties, two to be justified, could not meet the bail conditions and thus had to be transferred from police custody into prison custody.
Counsel for Assibit, Mr Raymond Bagnabu, told the Daily Graphic in Accra on Wednesday that his client had eventually fulfilled the bail conditions and had since been released by prison authorities.
Declining to cite the specific condition his client could not meet, counsel said: “There was a problem with documentation, so it had to be redone.”
Mr Bagnabu further explained that state agencies like the Lands Commission and the Land Valuation Board had to assess documents submitted by Assibit’s sureties.
The inspection and evaluation process, according to counsel, took a while to complete.
“As a result, Assibit was moved from police custody last week and transferred to the Nsawam Medium Security Prison,” counsel explained.
“He was there until this morning when he was released,” Mr Bagnabu added.

Offence
Assibit, a representative of Goodwill International Group (GIG), and a former National Co-ordinator of the NYEP, Abuga Pele, have been accused of committing acts that led to the loss of GH¢4.1 million to the state.
Pele is alleged to have entered into a contract with Assibit to engage in activities which have not inured to the benefit of the state.
The former Co-ordinator of the NYEP, which is now known as the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA), has pleaded not guilty to two counts of abetment of crime, intentionally misapplying public property and five counts of wilfully causing financial loss to the state.
Assibit, on the other hand, has been charged with six counts of defrauding by false pretence and five counts of dishonestly causing loss to public property.
He has also denied any wrongdoing.
Pele is on self-recognisance bail.

Extracts of Offence
According to the prosecution, Pele and Assibit signed a memorandum of understanding (MoU) which gave GIG the mandate to render services without recourse to the then Minister of Employment or the Attorney-General.
Assibit was said to have given false representation that he had secured a $65-million loan facility from the World Bank for the implementation of the Youth Enterprises Development Programme (YEDP) and had, in the process, employed 250 youth to support the implementation of the YEDP, as well as developed and facilitated the launch of an effectual exit programme for all NYEP modules.

First prosecution witness
The first prosecution witness, Nuru Hamidan, began testifying on February 11, 2014.
He has since completed his evidence in chief and is being cross examined by the defence team.
Hearing resumes on March 4, 2014.

Auxesia Energy, Kayode Alade, MR ERRol fight over $391,250

 February 27,2014. Page 71

The legal tussle over the ownership of $391,250 which has been paid into the coffers of the Judicial Service by UT Bank is getting more fascinating.

This is because three parties are laying claim to the same amount. They are Kayode Alade, Auxesia Energy Limited, from whose account the money was released and the latest to claim the money is MR ERRol, a vessel operating company.

Demands for the money

The first party to demand the release of the money was Leke Alade, who instituted an original writ of summons last year claiming ownership of the amount and subsequently instituting contempt proceedings against the Chief Executive Officer of UT Bank, Capt. Prince Kofi Amoabeng (rtd) and the Manager of Airport branch of UT Bank for refusing to obey a court order to release the money.

Extricating itself, the bank on February 13, 2014, paid the cedi equivalent of $391,250 into the coffers of the Judicial Service and attached receipt numbers to prove it had indeed paid the amount.

Auxesia Energy Limited

Following the payment of the amount, the court, presided over by Mr Justice John Ajet-Nasam, on February 19, 2014, acquitted Prince Amoabeng and his manager, Enrique Okomate, of contempt charges.

However, it declined to order the release of the money to Alade because there were other claimants to the amount.

Auxesia Energy Limited, from whose account the money was paid is praying the Financial Division of the High Court not to release the money to Alade because the company was not obligated to Alade.

But another energy company is also locking horns with the other parties on the grounds that it owned the oil vessel whose services had brought about the entire legal suit.

The court could not hear the matter yesterday because Auxesia Energy Limited has appointed a new lawyer to protect its interest in court.

Consequently, the court granted permission to the new solicitor, Mr Godfred Yeboah Dame, to have access to the record of proceedings and documents filed so far in the case.

Hearing has been adjourned to March 4, 2014.

 Auxesia Energy

Auxesia Energy Limited has filed a motion on notice to stay the execution of the court's December 20, 2013 order on the grounds that it had no contract or dealing with Alade.

Background

The lawyer for the Alade, Mr Charles Tetteh, on February 4, 2014, moved the motion for contempt, while counsel for the respondents, Mr Chris Archer, explained to the court that the account of Auxesia Energy was in debit. But such position was corrected by the bank in its subsequent applications.

According to the applicant (Alade), his company rendered services 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.

“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," it said.

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 the money owed by Auxesia Energy.

 Court grants motion

Following the applicant’s request for a review of the court’s order, the court reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.

But the bank did not heed to the court’s orders immediately thereby resulting in the contempt motion.

 Auxesia denies claims

In the latest twist to events, Auxesia Energy Limited has denied the claims of the applicant.

According to the energy company, it rather had transactions with Earth Petroleum, which in turn had business dealings with Alade’s company.

The legal tussle over the ownership of $391,250 which has been paid into the coffers of the Judicial Service by UT Bank is getting more fascinating.

This is because three parties are laying claim to the same amount. They are Kayode Alade, Auxesia Energy Limited, from whose account the money was released and the latest to claim the money is MR ERRol, a vessel operating company.
Demands for the money
The first party to demand the release of the money was Leke Alade, who instituted an original writ of summons last year claiming ownership of the amount and subsequently instituting contempt proceedings against the Chief Executive Officer of UT Bank, Capt. Prince Kofi Amoabeng (rtd) and the Manager of Airport branch of UT Bank for refusing to obey a court order to release the money.
Extricating itself, the bank on February 13, 2014, paid the cedi equivalent of $391,250 into the coffers of the Judicial Service and attached receipt numbers to prove it had indeed paid the amount.

Auxesia Energy Limited
Following the payment of the amount, the court, presided over by Mr Justice John Ajet-Nasam, on February 19, 2014, acquitted Prince Amoabeng and his manager, Enrique Okomate, of contempt charges.
However, it declined to order the release of the money to Alade because there were other claimants to the amount.
Auxesia Energy Limited, from whose account the money was paid is praying the Financial Division of the High Court not to release the money to Alade because the company was not obligated to Alade.
But another energy company is also locking horns with the other parties on the grounds that it owned the oil vessel whose services had brought about the entire legal suit.
The court could not hear the matter yesterday because Auxesia Energy Limited has appointed a new lawyer to protect its interest in court.
Consequently, the court granted permission to the new solicitor, Mr Godfred Yeboah Dame, to have access to the record of proceedings and documents filed so far in the case.
Hearing has been adjourned to March 4, 2014.

Auxesia Energy 
Auxesia Energy Limited has filed a motion on notice to stay the execution of the court's December 20, 2013 order on the grounds that it had no contract or dealing with Alade.

Background
The lawyer for the Alade, Mr Charles Tetteh, on February 4, 2014, moved the motion for contempt, while counsel for the respondents, Mr Chris Archer, explained to the court that the account of Auxesia Energy was in debit. But such position was corrected by the bank in its subsequent applications.
According to the applicant (Alade), his company rendered services 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.
“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," it said.
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 the money owed by Auxesia Energy.

Court grants motion
Following the applicant’s request for a review of the court’s order, the court reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.
But the bank did not heed to the court’s orders immediately thereby resulting in the contempt motion.

Auxesia denies claims
In the latest twist to events, Auxesia Energy Limited has denied the claims of the applicant.
According to the energy company, it rather had transactions with Earth Petroleum, which in turn had business dealings with Alade’s company.

- See more at: http://graphic.com.gh/news/general-news/18434-auxesia-energy-kayode-alade-mr-errol-fight-over-391-250.html#sthash.AFMbGQ4m.dpuf

Prosecution prevented from tendering report in court

February 26,2014. Page 56

The first prosecution witness in the Adaklu Anyigbe Mutual Health Insurance Scheme embezzlement case was called at the Financial Division of the High Court last Monday.

Mr Maxwell Addico, a former Head of Audit at the National Health Insurance Authority (NHIA), told the court that he did not take part in the auditing of the NHIA accounts for the period January 2008 to December 2009.
The former Scheme Manager of the Adaklu Anyigbe Mutual Health Insurance Scheme, Evans Raybon Anyadi, is currently in the dock charged with three counts of forgery and 16 counts of stealing GH¢143,668 belonging to service providers under the scheme.
He is also alleged to have paid GH¢28,387.11 into the account of three unaccredited service providers.
Anyadi has pleaded not guilty to all the counts and has been admitted to bail in the sum of GH¢100,000, with two sureties.

Substitution of charges
Prior to the testimony of the witness, a Chief State Attorney, Mr Rexford Wiredu, had told the court, presided over by Mr Justice John Ajet-Nasam, that the state had substituted the charges of the accused person with a new one.
Anyadi, on January 30, 2014, pleaded not guilty to seven counts of forgery of document and 30 counts of stealing.
The charges have now dropped to three counts of forgery and 16 counts of stealing.

Evidence
Led by Mr Wiredu, the witness told the court that he had only directed his colleagues to undertake the audit report.
According to him, he was only briefed on the progress of the audit and the resultant findings.
Mr Addico, who is currently the Standards and Securities Manager at the Management Information Systems Directorate of the NHIA, said he was told the accused person issued cash cheques, instead of writing the names of service providers on the said cheques, withdrew the amount but paid either less or nothing at all to the service providers.
The witness told the court that the accused person went to the bank personally on some occasions and at times sent other officers to make withdrawals.
According to him, the accused person declined to respond to draft findings implicating him and others and for that reason, the NHIA issued its final report without his response.
Mr Wiredu had attempted to tender the audit report through the witness but counsel for the accused person, Nana Asante Bediatuo, protested on the grounds that the witness had indicated he was neither the author nor the signatory of the audit report.
The court agreed with Nana Bediatuo and, accordingly, stopped the prosecution from tendering the audit report through Mr Addico.
Mr Wiredu at that moment ended his examination-in-chief of the witness.

Cross-examination of witness
Answering questions under cross-examination from Nana Bediatuo, the witness told the court that he did not know the accused person.
He also said he did not know for a fact that the accused person did not respond to the draft audit report.
Hearing continues today.

‘Liquidate assets of Noble Gold’,

February 22,2014

A private company, Riasand Ventures Limited, will, today, move a motion at the Fast Track High Court for the liquidation of the assets of Noble Gold Bibiani Limited, an Australian mining company.
Riasand took the action as a result of the failure of Noble Gold to pay Riasand a $730,252.30 judgement debt.
Noble Gold was, on September 20, 2013, ordered by the court to pay the $730,252.30, with an accompanying GH¢50,000 in costs, to Riasand for breach of contract.
However, four months after the delivery of the court’s judgement, all efforts by the applicant to retrieve the judgement debt, which arose out of the mining company’s failure to pay the applicant for supplying it with gold tailings, had yielded no result.
Accordingly, counsel for Riasand Ventures, Mr Cosmas Anpengnuo, has filed a motion on notice for an order to officially wind up Noble Gold Bibiani Limited.

Affidavit of Applicant
An affidavit in support of the motion, sworn on behalf of Riasand Ventures by its Managing Director, Mr Richmond Amoako-Mensah, stated, among other things, that his lawyer caused entry of judgement after the court’s judgement, but Noble Gold failed to settle its indebtedness.
According to the affidavit, the applicant had a further claim of $375,650 pending before the Fast Track High Court, while the mining company also owed other companies thousands of dollars.
It said the applicant, on October 30, 2013, filed an application to freeze the accounts of the mining company in its bid to retrieve the judgement debt, but it emerged that Noble Gold had less than $6,000 in two of its major accounts with two banks in Accra.

Seizure of Vehicles
It said in an attempt to get its money back, the applicant went into execution and seized two vehicles and office equipment belonging to Noble Gold, but another company emerged and claimed ownership of the said items.

Redundancy
According to the affidavit, it had also come to the notice of the applicant that Noble Gold “has declared redundancy and only been able to pay a minimal percentage of its employee’s redundancy package and that there are a host of other creditors who have not been paid”.
It said after making repeated demands on Noble Gold to honour its debt obligation and the subsequent failure of the company to heed those demands, “the company has demonstrated that it is unable to pay its debts, as it has a large stock of creditors and that is a proper case in which this honourable court would intervene to order that the company be wound up”.

New dimension in GYEEDA trial

February 13,2014. Page 87

An interesting dimension to the GH¢4.1 million GYEEDA rot trial emerged Wednesday when, Mr Raymond Bagnabu, counsel for one of the accused persons, produced documents that sought to absolve his client from any wrongdoing.

The state has accused a representative of Goodwill International Ghana (GIG), Philip Akpeena Assibit, of putting in false claims that he had secured a $65-million World Bank funding for the creation of one million jobs for the youth, that claim resulting in the government parting with GH¢4.1 million.
But at the sitting of the Financial Division of the Fast Track High Court in Accra, counsel for Assibit, Mr Bagnabu, brought out documents which revealed that two government officials had, indeed, publicly acknowledged that the World Bank had given $65-million support to the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) to create employment for the youth.
Counsel specifically cited a former Minister of Youth and Sports, Mr Clement Humado, as holding a press conference in 2011, to announce the said $65-million support from the World Bank.
He also brought out documents which he said proved that a former Greater Accra Regional Co-ordinator of GYEEDA, Mr Solomon Nii Afutu-Quartey, had informed the Ghana News Agency (GNA) that the $65-million World Bank facility was available.
Mr Bagnabu questioned the first prosecution witness, Mr Nuru Hamidan, as to whether or not he was aware of the declarations by the two officials, but witness said he was not.

Offences

Assibit and a former National Co-ordinator of GYEEDA, Abuga Pele, have been accused of committing acts that led to the loss of GH¢4.1 million to the state.
Pele is alleged to have entered into a contract with Assibit to engage in activities which have injured the state financially.
Pele has pleaded not guilty to two counts of abetment of crime, intentionally misapplying public property and five counts of wilfully causing financial loss to the state.
Assibit, on the other hand, has also pleaded not guilty to six counts of defrauding by false pretences and five counts of dishonestly causing loss to public property.

Cross-examination

Answering questions under cross-examination from Mr Bagnabu, the witness, who is also the Municipal Chief Executive for Asokore Mampong in the Ashanti Region, denied being the signatory to one of the documents on the one-million job creation project which had the title, “Terms of Work”.
Counsel: You actually signed for the NYEP.
Witness: My Lord, it is not correct.
Counsel: Pursuant to the signing of the memorandum of understanding (MoU), the terms and reference were signed by you.
Witness: My Lord, that is absolutely incorrect.
Counsel then asked the witness if he was aware that Assibit facilitated the sending of a proposal to the World Bank, but he replied in the negative.
Asked in what capacity did he and others meet the then Vice-President John Dramani Mahama, over the project, the witness said he had been present at the meeting because of an invitation extended to him by Pele.
He said he was not aware that Assibit was engaged by GYEEDA after he had submitted proposals to that effect and added that all he was aware of was a bulky document on the project which was sent to now President Mahama.
Questioned if he knew Assibit’s proposal contained a concept paper and a budget, witness explained that he was not present when those documents were submitted.

World Bank requirements

According to Mr Hamidan, the World Bank said a legal framework, a new tracer study and an operational manual needed to be put in place, among others, before it could give out the facility.
He said he was unaware  GIG and the Management Development and Productivity Institute (MDPI) facilitated the $65-million World Bank facility.

Evidence-in-Chief 

Earlier in his evidence-in-chief, Mr Hamidan had indicated that the World Bank had requested for appraisal studies on the project and later requested for a tracer study after it had emerged that Assibit had not included an exit plan for potential beneficiaries of the project.
The witness further indicated that he had not been involved in the screening, selection and award of contract for the project but nonetheless witnessed the signing of the MoU between GIG and GYEEDA.
He said a proposal to use Wescap as the firm to raise funds for the project was shelved because of expectations for the World Bank facility.
Hearing continues today.

Court frees Amoabeng of contempt

Mr PrinceKofi Amoabeng, CEO UT Bank

February 20,2014. Page 16 

The Financial Division of the High Court Wednesday acquitted and discharged the Chief Executive Officer (CEO) of UT Bank and one of his branch managers of contempt charges.

Capt Prince Kofi Amoabeng (retd) and the Manager of the Airport Branch of the UT Bank, Mr Enrique Okomate, were dragged to the court by Kayode Alade, who had prayed the court to imprison them for failing to adhere to a December 20, 2013 court order directed at the bank to pay $391,250 to him.

But the attention of the court, which was billed to deliver its contempt ruling yesterday, was drawn to the fact that the bank had, indeed, paid the money into the coffers of the Judicial Service.

Counsel for the respondents, Mr Chris Archer, told the court that his clients had, on February 13, 2014, paid GH¢949,563.75 to the Judicial Service, which in turn had issued a receipt with counter foil number 8137469/0084007 to them.

At the court’s sitting in Accra yesterday, it also emerged that the bank had filed documents to prove it had, indeed, paid the money into the court’s coffers.

UT Bank apologises to court

A supplementary affidavit in opposition to the committal of contempt which was deposed to by Mr Okomate explained the circumstances leading to the bank’s inability to initially pay the said amount.

It indicated that it was not the intention of the bank to flout any of the court’s orders and further proceeded to unreservedly apologise for the bank’s inaction.

Capt Amoabeng and Mr Okomate walked out as free men, in the company of their legal team, after the court, presided over by Mr Justice John Ajet-Nasam, had acquitted them of any wrongdoing.

Auxesia Energy Limited files motion for stay of execution

Although the money had been paid, the court did not order its release because an interested party, Auxesia Energy, from whose account the money was paid, is laying claim to it.

The company has since filed a motion on notice to stay the execution of the court’s December 20, 2013 order on the grounds that Auxesia Energy had no contract or dealing with Alade.

Auxesia Energy’s motion will be moved on February 24, 2014. 

Background

The lawyer for the applicant, Mr Charles Tetteh, on February 4, 2014, moved the motion for contempt, while counsel for the respondents, Mr Archer, explained to the court that the account of Auxesia Energy was in debit.

According to the applicant (Alade), his company rendered services 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.

“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,” it said.

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 the money owed by Auxesia Energy.

Court grants motion

Following the applicant’s request for a review of the court’s order, the court reviewed its orders and directed the UT Bank to pay $391,250 to the applicant’s company with immediate effect.

“That the order was served on the bank the same day but the 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 on the bank but the applicant did not receive the desired response.

That posturing, according to the applicant, amounted to “blatant disrespect of the court and the sanctity of the judicial system”.

Auxesia denies claims

In the latest twist to events, Auxesia Energy has denied the claims of the applicant.

According to the energy company, it rather had transactions with Earth Petroleum, which in turn had business dealings with the applicant’s company.

The court will, on February 24, 2014, delve into the issues to reach a resolution.