The Circuit Court in Accra yesterday heard bail
applications for six persons accused of playing various roles to assist Ruby
Nayele Ametefeh to export 12.5 kilogrammes of cocaine to the United Kingdom.
It will, on December 12 and 15, 2015, give three
separate rulings on whether or not to grant bail to Sadala Nuhu, Nana Akua
Amponsah, both businesswomen, Alhaji Mohammed Dawood, a businessman; Abiel
Ashitey Armah, a Foreign Service officer; Ahmed Abubakar, a State Protocol
officer, and Theophilus Kissi, a civil servant.
A team of lawyers moved separate bail applications for
the accused persons and argued that the facts of the case did not match the
charges levelled against their clients.
The court, presided over by Mr Francis Obiri, fixed
December 12, 2014 to rule on whether or not to grant bail to Nuhu, Amponsah and
Alhaji Dawood, while it will decide on the bail application for Armah, Abubakar
and Kissi on December 15, 2014.
Facts
Nuhu and Amponsah are alleged to have, on or about
November 9, 2014, conspired with Ametefeh, aka Ruby Appiah or Ruby Adu Gyamfi,
to export the said narcotic drugs.
The prosecution said Armah was, on November 9, 2014,
contracted by Alhaji Dawood to facilitate the passage of Ametefeh and the two
other ladies through the VIP Lounge at the Kotoka International Airport
(KIA).
It said Armah consequently instructed Abubakar and
Kissi to assist the three ladies.
According to the prosecution, Ametefeh, Nuhu and
Amponsah were ushered through the VIP Lounge of the KIA by Abubakar and Kissi
to board a British Airways aircraft bound for the UK.
Abubakar and Kissi are also alleged to have
facilitated the departure formalities for the three ladies and consequently
carried their luggage onto the aircraft.
A man in a black suit brought in another luggage,
which was handed over to Ametefeh in the aircraft.
Ametefeh was arrested in the UK.
The following day, Nuhu flew to Paris in France and
joined a flight to Togo before returning to Ghana.
Amponsah also bolted to Ghana later.
Application for Alhaji Dawood
Pleading with the court to grant his client bail, the
lawyer for Alhaji Dawood, Mr Addo Atuah, argued that the charge of abetment of
crime levelled against Alhaji Dawood was bailable.
“Aiding Ametefeh to use the VIP Lounge does not
constitute an offence,” counsel said.
According to him, “even if she did not use the VIP
Lounge, the substance could have been sent to her. There is no evidence the
accused person helped Ametefeh to commit the offence”.
“Nothing ties the court’s hands from granting bail. He
voluntarily reported himself to the Bureau of National Investigations (BNI),”
Mr Atuah stated, and accordingly prayed the court to admit his client to bail.
Nuhu and Amponsah
Leading a team of lawyers, Mr Ellis Owusu-Fordjour
urged the court to grant Nuhu and Amponsah bail, with the reason that the
charges levelled against them were not in tandem with the facts of the case.
“Is it an offence to travel in a group to London? If
one was carrying a weapon, should the others be held liable?” Mr Owusu-Fordjour
queried.
Another lawyer, Mr Thaddeus Sory, prayed the court not
to entertain what he termed the prosecution’s attempt “to treat the court as a
remand institution”.
“If you are not sure of the offence, why arrest? This
is a court of law and not a remand institution,” he emphasised.
Plea for Armah and co
Counsel for Armah, Mr Frank Davies, also implored the
court to grant his client bail, with the explanation that Armah had committed
no wrong.
He said there was nothing else for the prosecution to
investigate, adding, “The accused person is entitled to bail.”
Lawyers for Abubakar and Kissi, Messrs Mohammed
Attah and Benson Aikins, respectively, prayed the court to release their
clients on bail.
According to them, their clients had not committed any
offence to warrant being kept on remand.
Mr Aikins was emphatic in stating that Kissi only
acted on instructions from his superior officer.
Prosecution’s position
A Chief State Attorney, Ms Penelope Marmattah,
however, urged the court to remand the accused persons because investigations
were ongoing.
Nayele Ametefeh
Ametefeh was arrested at the Heathrow Airport on
November 10, 2014 after she was found to be in possession of 12.5 kilogrammes
of cocaine.
She has since pleaded guilty to drug trafficking
charges and will be sentenced on January 5, 2015 in the UK.
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