Case involving NIB MD adjourned

Saturday, May 9, 2009 (Page 3 Lead)

THE Accra Circuit Court has adjourned the case involving the Managing Director of the National Investment Bank (NIB), Daniel Gyimah, following a request from the Attorney-General’s Department.
The prosecutor in the case, Deputy Superintendent of Police Mr P. K. Frimpong, told the court at its sitting in Accra yesterday that he had received new directives from the Attorney-General’s office.
He, however, did not disclose what those directives were but asked for a month’s adjournment.
The court, presided over by Mr D. E. K. Dakatsey, obliged and adjourned the matter to June 5, 2009.
On March 20, 2009, the charge of wilfully causing financial loss to the state which was levelled against Gyimah was substituted to attempt to commit crime, to wit, causing financial loss to the state.
Mr Gyimah has also been charged with forgery of document in respect of an NIB report on goods under the control of the bank for ELAND International (GH) Limited, the company which was issued promissory notes to the tune of $60 million by Mr Gyimah.
The facts of the case are that on May 7, 2007 the accused, in an attempt to cause financial loss to the state, unilaterally entered into an agreement with ELAND International (GH) Limited in which he used the bank as a guarantor.
The prosecution said based on that guarantee, the accused issued 30 promissory notes, all valued at $60 million, to ELAND, of which his son, Stephen Poku Gyimah was secretary.
According to the it, the promissory notes were to mature on January 29, 2009 and within that period ELAND contacted IROKO Security Company Limited in London and discounted the $60 million promissory notes for $45 million.
It said on January 29, 2009, the International Banking Department of the NIB received a swift message requesting the NIB to confirm payment of the promissory notes.
According to the prosecution, Gyimah was notified of the irregularity of the message by the head of the International Banking Department but the MD ordered him to confirm and it was complied with.
It further stated that major documents on the deal between the NIB and ELAND could not be traced, as the accused claimed they were missing from the bank’s records.
The prosecution said the accused, in his statement, admitted having guaranteed on behalf of the bank, adding that he made a mistake by not contacting the board of directors of the bank.
It added that in the course of investigations, several documents, including a report on goods under the control of the NIB for ELAND, were detected to have been forged.

Student aids stealing from company

Saturday, May 9, 2009
THE Accra circuit court has convicted a third-year student of a private university in Accra for aiding a convict to steal GH¢33,850 belonging to Yasarko Printing Press Limited, a printing firm in Accra.
The student, Christian Aban, and another, Joseph Oppong, were found guilty for aiding Hanson Lawrence Agyare-Sefah, who is currently serving a three-year prison term, to steal the money.
Aban and Oppong, both former drivers of the printing firm, were each ordered to pay a fine of GH¢1,200 or in default serve six months’ imprisonment.
They were also ordered to pay GH¢900 and GH¢2,000, respectively, being what they got from the stolen GH¢33,850.
Aban was reported to have paid the GH¢1,200 and GH¢900 but Oppong was said to be in custody due to his inability to pay the GH¢1,200 and GH¢2,000 ordered by the court.
Their accomplice, Agyare-Sefah, was convicted in September 2008 after he had pleaded guilty for stealing.
The convict pleaded guilty at a time when he had opened his defence and given his evidence-in-chief and was expected to answer questions under cross-examination from Deputy Superintendent of Police (DSP) Eric Amoako.
The court found Agyare-Sefah guilty on 34 counts of conspiracy and stealing and sentenced him to three years’ imprisonment on each count. His sentence is to run concurrently.
Agyare-Sefah had admitted in his caution statement that he had forged the signature of the company's chief executive to steal money from its accounts.
According to the convict, he sneaked into the office of the chief executive, Mr Yaw Sarkodie, to steal an unspecified number of leaflets from Standard Chartered Bank cheque books and further admitted using part of the stolen money to purchase two Nissan Urvan buses.
The facts of the case are that on August 17, 2006, the accountant of Yasarko Press Limited detected the theft of 29 cheque leaflets from the company’s cheque books which were normally kept at the managing director’s office.
According to the prosecution, the accountant informed the managing director, who then followed up to the Dansoman branch of the Standard Chartered Bank where 13 photocopies of the stolen cheques were obtained.
Following the arrest of the convicts, the police retrieved four additional photocopies of stolen cheques from the bank.
It was later found out that ¢338.5 million had been withdrawn from the company’s accounts.
Security cameras at the Dansoman branch of the Standard Chartered Bank revealed Oppong and Aban cashing money with the stolen cheques on June 23 and 28, 2006, respectively, at the instance of Agyare-Sefah.
Forensic examinations revealed that Agyare-Sefah had prepared and signed all the cheques.
Investigations also revealed that he had cashed majority of the cheques, with Oppong and Aban cashing two of them.
The two mini-buses which Agyare-Sefah allegedly used the stolen money to purchase have been impounded by the police.
An amount of GH¢3,100 was also retrieved from his bank accounts.
The court has since ordered the police to return the impounded items to Mr Sarkodie.

Greater Accra Minister acquitted on contempt charges

Saturday, May 9, 2009 (Page 19)

THE Accra circuit court has acquitted and discharged the Greater Accra Regional Minister and three others after they had purged themselves of contempt of court.
The Regional Minister, Nii Armah Ashitey, and the others, Mr Fats Nartey, the Chief Director of the Regional Co-ordinating Council (RCC); Mr J.A. Tufuor, the Director of Administration, and Chief Okai, the Chief Security of the AMA, were alleged to have caused construction work on commercial stores and offices at the Tudu Lorry Park in Accra to be stopped on April 10, contrary to a court order.
Nii Ashitey was alleged to have directed Mr Nartey to communicate in writing to the AMA to stop the construction firm, Continental Sikaman Agencies Limited, from going ahead with work on the project on a piece of land leased to the company in order to allow market women to trade on the disputed land.
The four purged themselves through their lawyers at the court's sitting in Accra last Thursday.
The court then gave the contractor, Mr Kwabena Danquah, the go ahead to continue with construction work on the project. He was also given a three-month extension to make up for the time lost when the project was stalled as a result of the dispute.
Nii Ashitey was not present in court. He was said to be observing the election of a Presiding Member for the AMA. The three others were present.
The presiding judge, Mr Justice David K. Ofosu-Quartey, said it was honourable for the regional minister and the others to have purged themselves of the contempt.
He also commended the Deputy Attorney-General and Minister of Justice, Mr Ebo Barton-Oduro, for handling the issue maturely.
The court cautioned and discharged nine of the women who were identified as having directed or taken part in the destruction of the contractor's property.
On April 23, 2009, Mr Barton-Oduro intervened in the contempt case brought against the regional minister and the three others.
Some market women who besieged the court premises expressed their displeasure at the court’s decision.
In the substantive case, Mr Danquah said work began earnestly following the court’s order permitting his company to do so but in the course of the work, some people who identified themselves as members of the Tomato Sellers Association at Tudu persistently harassed the workers.
According to him, the women destroyed materials meant for construction work on February 18, 2009.
Mr Danquah said the company won the contract in 2007 after a competitive bidding to construct market stores and offices to rent out for 25 years.
On April 8 the court ordered the company to continue the work as scheduled but two days later Chief Okai and an AMA task force went to the site to stop work on the project.
An affidavit in support of Mr Danquah’s motion said his foreman was escorted to the Accra Regional Police Station where he was handed two letters written by Mr Nartey and Mr Tufuor, on the directives of the regional minister, ordering the stoppage of work on the project.
Mr Danquah further deposed that the regional minister also withdrew a criminal case which arose out of the legal battle between the women and the company from an Accra circuit court, although he was not a party to the case.
He contended that the women were not looking for space to carry out their work but rather sought to frustrate his company to stop the project altogether by conspiring with the respondents.
According to the applicant, the respondents had been aware of the court order and indicated that their conduct should not go unpunished.

Case of trafficking girls for prostitution - Court fixes June 2 for judgement

April 27, 2009 (Page 28)

THE Accra Circuit Court has fixed Tuesday, June 2, 2009 for judgement in the case involving three Chinese nationals who have been accused of trafficking girls for prostitution.
The trial, which has been going on for the past two months involves James Xu Jin, the alleged ringleader, his wife, Chou Xiou Ying and Sam Shan Zifan, James's younger brother, who are believed to be part of a West African human trafficking syndicate.
They have each been charged with conspiracy and human trafficking. The accused have pleaded not guilty to all the charges and have been refused bail.
The trial judge, Mrs Elizabeth Ankomah, fixed the date after she announced to the court that the prosecution and the defence teams had filed their addresses in the case.
A total of 11 witnesses, including 10 prosecution and one defence witness were called in the trial which began on March 5, 2009.
The seven victims were led by an Assistant Superintendent of Police, Ms Mary Agbozo, to testify.
According to the girls, they were recruited from Harbin, a city in China under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but on arrival in Ghana, they were forced into prostitution by James and Chou.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they were all poor, they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day.
They also said they relied on tips from their clients, who were mostly Lebanese, Chinese and Indians.
An investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Other witnesses for the prosecution included the investigator in the case and an official from the Ghana Immigration Service (GIS).
The accused persons, who were led by their counsel, Mr B. O. K. Johnson, to testify said they operated a restaurant and not a brothel.

I didn't resign from Scancom willingly * Richmond Aggrey tells court

Thursday, April 23, 2009 (Page 3 Lead)

THE businessman who has sued Scancom Ghana Limited and two others over a shareholding dispute yesterday told the Commercial Court in Accra that he did not resign from Scancom on his own volition.
Mr Richmond Aggrey said he resigned to safeguard the company from collapse following former President J. J. Rawlings’s dislike for him.
According to him, he did not intend to dispose of his shares when he resigned from Scancom.
Mr Aggrey 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 takeover by Investcom and Scancom, has maintained that it was not party to the takeover of the shares and has since then argued in favour of Mr Aggrey.
Answering questions under cross-examination from the counsel for Scancom, Mr Benson Nutsukpui, the plaintiff told the court that he approached several personalities including the then Vice-President and now President J. E. A. Mills to intercede on his behalf so he could stay on at Scancom.
Mr Aggrey, who is also a former Vice-Chairman and Board member of Scancom, said he had told his intercessors to explain to former President Rawlings that he (Mr Aggrey) meant well for the country.
According to Mr Aggrey, then Vice-President Mills advised him (Mr Aggrey) to put his plea into writing, which he did.
He further explained that despite his numerous pleas and that of his intercessors, former President Rawlings did not take kindly to his staying on at Scancom and therefore he had to eventually resign to save Scancom from collapse.
He said he was then more than a non-executive director of Scancom because he often worked till midnight in the interest of the company when the counsel suggested to him that he was only a non-executive director.
Hearing was adjourned to June 4, 2009.
Mr Aggrey began giving evidence on April 28, 2008 following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar-General's Department, dated June 2, 2006 and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that his name was not included in the shareholders’ list.
He said the onus was on the company to explain how he ceased to be a shareholder.

'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.

Parties restrained from further action in US

Tuesday, April 21, 2009 (Page 3 Lead)

THE Commercial Court in Accra yesterday restrained parties in the shareholding dispute between Mr Richmond Aggrey, a businessman and Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN and another from further taking action at the District Court in the United States of America (USA).
Mr Aggrey instituted legal action in 2006 against Investcom, Scancom Ghana Limited and Grandview Management Inc. of Texas over what he termed the illegal take-over of his 20- per cent shares in the telecommunications company.
However, 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.
Grandview Management then filed a motion at a commercial court praying the court to restrain Investcom and Scancom from further pursuing the action they filed at the District Court in Texas on September 18, 2008 against Mr Aggrey, a former Vice Chairman of Scancom, Mr Christian C. Wilmot, WCW International Inc and Grandview over matters in dispute at the Ghanaian court.
In granting the injunction at the court’s sitting in Accra yesterday, the trial judge, Ms Justice Barbara F. Ackah Yensu, said she granted Grandview’s injunction based on Order 25 1 (1) of the High Court rules which bordered on convenience and justness.
Order 25 rule 1 (1) of the High Court Civil Procedure Rules (CI 47) states that “the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just and convenient to do so and the order may be made either unconditionally or upon such terms and conditions as the court considers just”.
It, therefore, upheld Grandview’s application and accordingly ordered Grandview to give an undertaken to Investcom and Scancom to the effect that it would pay any damages that Investcom and Scancom may suffer in the event that the court later found out Mr Aggrey was not entitled to any claims.
In arguing the case for injunction against Investcom and Scancom, counsel for Grandview, Mr Thaddeus Sory, said Investcom and Scancom were praying the District Court in Texas to enforce issues which were determined by the London Court for International Arbitration (LCIA) in the absence of Grandview.
He said Grandview would be greatly prejudiced, if the commercial court did not grant the application for injunction, adding that “the issues raised in the Ghanaian court and the US court are the same”.
For his part, counsel for Mr Aggrey, Mr Yonny Kulendi, produced copies of rulings in the District and Appellate courts in the US, which had dismissed Investcom and Scancom’s motion to restrain Grandview from pursuing its motion for injunction in Ghana.
He said Investcom and Scancom had found it convenient to tell the US court that Mr Wilmot, WCW International and Grandview were the same but stated otherwise in the Ghanaian court.
According to counsel, it would be unfortunate for the court which had jurisdiction to continue hearing the matter to allow Investcom and Scancom to proceed with the same issues in the US court.
Opposing the application, counsel for Investcom, Mr Tony Forson, said his client was vehemently opposed to the application on the grounds that Investcom had a right to pursue justice anywhere.
He said Investcom had, from the scratch, made its position clear that the Ghanaian court was not the proper forum to hear the case brought against his client by Mr Aggrey.
Mr Forson, therefore, prayed the court to order Grandview to sign an undertaking in the event that it (court) decided to restrain Investcom and Scancom from proceeding with the US action.
Counsel for Scancom, Mr Benson Nutsukpui, prayed the court to dismiss Grandview’s application on the grounds that Grandview and Mr Aggrey had residential addresses in the USA and, for that reason, they would not be inconvenienced in any way.
He said the two must be able to litigate their cases anywhere, adding that they could go on to appeal if they lost their case because there was nothing wrong if the US court and the Ghanaian court came out with conflicting findings on the same issue.
Mr Benson further stated that the issue of breach of undertaking filed against Grandview in the US was not before the court in Ghana.
The court had earlier dismissed a motion filed by Investcom and Scancom which sought to re-argue their case after they had been given the opportunity to amend their statement of defence and awarded costs totalling GH¢10,000 against them (Investcom and Scancom) in favour of Mr Aggrey and Grandview.
It, however, stated that for the sake of fairness, Investcom and Scancom could go ahead and respond to issues of fraud levelled against them by Mr Aggrey.
Mr Aggrey is expected to be cross-examined by Mr Nutsukpui today (April 21, 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.
Mr Aggrey began giving evidence on April 28, 2008 following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar-General's Department, dated June 2, 2006 and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.

Texas court throws out Scancom's motion

Monday, April 20, 2009 (Page 3 Lead)

THE District Court in Texas has thrown out a motion which prayed it to temporarily restrain the businessman who has sued Scancom Ghana Limited, operators of MTN, over his 20 per cent shares and three others from pursuing an action in Ghana.
On September 18, 2008, Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN and Scancom Ghana Limited, prayed the court to stop the businessman, Mr Richmond Aggrey, Mr Christian C. Wilmot of WCW International Inc and Grandview Management Limited from pursuing an action in Accra which they said had the potential of preventing them (Investcom and Scancom) from seeking arbitration in the shareholding dispute.
However, Mr Aggrey, on October 15, 2009, filed a motion praying the Texas court to dismiss the action of Investcom and Scancom on the grounds that they had failed to establish how they would suffer irreparable loss if the injunction was not granted.
Additionally, Grandview Management filed another motion at the High Court in Accra, praying the court to restrain Investcom and Scancom from further pursuing the action at the Texas court.
Grandview's motion has been fixed for hearing at the Commercial Court in Accra today.
An order signed by Mr Justice David Hittner, a copy of which is available to the Daily Graphic, said, “In fact, the plaintiffs (Investcom and Scancom) presented no evidence that the Ghana court lacks jurisdiction to grant all reliefs sought in this suit by Investcom and Scancom against Grandview, Mr Wilmot of WCW International and Mr Aggrey.”
According to the court, the plaintiffs had failed to show that an injunction order restraining them from pursuing the action at the Texas court was imminent “or that plaintiffs would be precluded from appealing any such decision of the Ghana Court”.
The Texas court further held that all the material witnesses resided in Ghana, while the relevant documents were located in Ghana.
It stated that it had found from the evidence available that "the threatened injury to the defendants (Mr Aggrey, Mr Wilmot, WCW International and Grandview Management) far outweighs any threatened injury to the plaintiffs (Investcom and Scancom)”, adding that it would, therefore, not entertain the arguments from the defendants.
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.
Mr Aggrey began giving evidence on April 28, 2008 following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar-General's Department, dated June 2, 2006 and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.

Kosmos to assist in electricity production

Thursday, April 16, 2009 (Page 40)

KOSMOS Energy, a company which is prospecting for oil in the country, has offered a helping hand to the government in the production of electricity to meet national energy requirements.
Speaking to the Daily Graphic, the Chairman and the Chief Executive Officer of Kosmos Energy, Mr James C. Musselman, said it was unfortunate Ghana had to experience perennial shortage of electricity anytime the Akosombo Dam dried up and, therefore, gave the assurance that Kosmos Energy was ready to help curb that trend.
He said the company was willing to provide gas for the generation of additional electricity to supplement the power generation at the Akosombo Dam by 2010.
Kosmos is currently engaged in the preparation for the commercial production of oil in the Western Region. The company has since 2007 discovered large deposits of oil and natural gas at locations including Jubilee field at the Cape Three Points. Two other fields, namely Hyedua and Tweneboa have also been discovered to contain large quantities of oil and gas.
The Jubilee field, formerly called the Mahogany field, is currently being developed and is expected to experience its first flow of oil by the latter part of 2010.
The Tweneboa-1 well is the seventh consecutive successful well Kosmos Energy and its partners have drilled on the West Cape Three Points Block since the middle of 2007. The Mahogany-1 exploration well discovered the Jubilee field, which was announced in June 2007 and the Odum-1 exploration well discovered by the Odum Field, which was announced in February 2008 while the Mahogany-3 well discovered by the Mahogany Deep Field, which was announced in January 2009.
Touching on the job opportunities following the discovery of oil, Mr Musselman stated that "thousands of Ghanaians must brace up in readiness for job opportunities" and called on persons in the hospitality, real estate, catering, farming, welding, transport, and other trades to take advantage of the job opportunities that would arise when oil production begins in full swing.
“There are a lot of opportunities for businesses and we urge all to come on board and utilise those opportunities,” Mr Musselman advised.
He announced that two installation boats were expected in the country by February 2010 to pave the way for the construction of a subsea structure.
More than 1,000 workers, including both local and foreign, are expected to be employed during the construction phase. Majority of the workers are likely to be specialists in the building of subsea structure for the production of oil.
Mr Musselman said MODEC International, a company which specialised in sub sea structures, would be responsible for the building of the floating, production, storage and offloading (FPSO) vessel.
Along with its block partners, Kosmos Energy plans to execute an exploration and appraisal programme on its Ghanaian acreage during 2009, including the appraisal of the company’s 2009 discoveries at the Tweneboa fields and Mahogany Deep. The company will also engage in the full appraisal and initial development of the Jubilee Field.
Kosmos Energy and its partners are expected to spend $3 billion between now and the first quarter of 2010, while a total of $5 billion would be spent on the project.
The company’s oil discovery in June 2007 is the largest discovery in the world in the past 12 months and the largest in West Africa in the last 10 years.
Tests have proved that oil discovered is among the finest in the world.

Uphold the constitution

Thursday, April 16, 2009 (Centre Spread)

A Supreme Court judge, Ms Justice Sophia Akuffo, has encouraged Ghanaians to uphold the Constitution and defend the rights of their colleagues at all times.
She said the 1992 Constitution comprehensively protected the rights of Ghanaians and therefore it was important for the public to reciprocate that gesture by respecting the rights of each other.
Ms Justice Akuffo made these remarks when the Leader of the United Kingdom House of Commons, Right Honourable Harriet Harman, paid a familiarisation visit to the premises of the Judicial Service in Accra yesterday.
Right Honourable Harman was accompanied by the British High Commissioner to Ghana, Dr Nicholas Westcott, and six officials.
Ms Justice Akuffo, who stood in for the Chief Justice, Mrs Justice Georgina Wood, explained the progress the judiciary had made in connection with the protection of human rights in the country.
She said there was no limit on the remedies for people whose human rights had been infringed upon, adding that “the remedies are appropriate”.
Ms Harman, who is also the Minister for Women and Labour Party Chair, enquired whether or not there were laws to cater for domestic violence to which Ms Justice Akuffo answered in the affirmative.
According to Ms Akuffo, domestic violence cases were treated within the ambience of the law.
Ms Justice Akuffo said the number of female judges was less than that of their male counterparts because most female lawyers preferred to go into private practice instead of joining the bench.
She further stated that judges underwent training programmes each year to enhance their capacity to effectively deal with cases that came before them.
Touching on criminal cases and the high number of remand prisoners, Ms Justice Akuffo explained that the delays normally occurred at the investigations stage and it was, and that it was against the law to grant bail to persons accused of rape, murder and robbery, among others.
She explained that remand prisoners were put in the general prisons because there were no remand prisons in the country.
That notwithstanding, Ms Justice Akuffo pointed out that the country was putting the necessary structures in place to cater for challenges facing effective justice delivery in the country.
On her part, Ms Harman said she was impressed with the progress the judiciary had so far made in the areas of human rights protection and gender equality.
She said her delegation was in the country to assess the progress Ghana had made in the areas of human rights and violence against women, among others.

Kpoh's writ against ICU dismissed

Wednesday, April 15, 2009 (Page 3 Lead)

THE Accra Fast Track High Court has dismissed the entire suit instituted by the former General Secretary of the Industrial and Commercial Workers Union (ICU), Mr Napoleon Kpoh, and another against the executives of the ICU over their removal from office.
Mr Kpoh and the former Chairman of the ICU, Mr A. Y. B. Salifu, had sued six executives of the ICU, including the National Executive Council (NEC), over what the plaintiffs termed as their unconstitutional removal from office but the court held that they lacked the capacity to institute the writ.
The court, presided over by Mr Justice S. K. Asiedu, held that the titles, namely, ‘General Secretary’ and ‘Chairman’ of the ICU, as used by the plaintiffs, were not natural persons, corporate bodies or legal entities.
It, therefore, held that by law the plaintiffs could not sue in those capacities.
It, accordingly, awarded total costs of GH¢4,000 against the plaintiffs, who had at all material times held themselves up as ‘General Secretary’ and ‘Chairman’ of the ICU to the court.
Another Fast Track High Court, presided over by Mr Justice Edward Asante, had, on Wednesday, April 8, 2009, dismissed a contempt case brought against three members of the Interim Management Committee (IMC) of the ICU.
According to the court, the applicants, Mr Kpoh and Mr Salifu, had failed to establish a prima facie case against the IMC to warrant the court to cite them for contempt.
In the substantive suit, the trial judge was ruling on a motion filed by the NEC which challenged the capacity of the plaintiffs on the grounds that those positions did not belong to or were not owned by any particular person.
According to the NEC, the titles used by the plaintiffs were not personal and for that matter they lacked the capacity to use those titles and the addresses of the ICU to sue.
The court upheld the motion and stated that the trial had no cause to continue. It then dismissed the entire suit.
Counsel for the defendants, Mr Albert Adaare, then reminded the court that the NEC organised a congress but could not elect substantive executives because of the suit.
He said another congress had to be held as a result of the legal action and for that matter more debt would be incurred by his clients.
Mr Adaare prayed the court to order the plaintiffs to pay for the loss incurred, in fulfilment of their undertaken to cater for any loss in case they lost the case.
Opposing that, counsel for the plaintiffs informed the court that the defendants had organised the congress and appointed people into acting positions.
The court then fixed May 14, 2009 for the assessment of damages against Messrs Kpoh and Salifu.
The Accra Fast Track High Court had, on August 20, 2007, restrained Messrs Kpoh and Salifu from holding themselves up as General Secretary and Chairman, respectively, of the ICU.

AG’s Dept to study case of six alleged police robbers

Monday, April 13, 2009 (Page 23)

THE Accra Circuit Court has granted permission to the Attorney-General’s (AG) Department to study the case involving the six policemen and their accomplices who were alleged to have robbed a businessman at a hotel in Accra.
The trial judge, Mr Mahamadu Iddrisu, granted the permission after an Assistant State Attorney, Mr Paul Abariga, informed the court that the A-G’s department needed enough time to study the docket on the case, which had been handed over to it by the police.
The matter has been adjourned to Wednesday, April 22, 2009.
An Assistant Superintendent of Police, Mr George Abavelim, had on March 31, 2009 informed the court that the police had handed over the case to the A-G’s department for prosecution.
The accused persons are DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah and Hans Amanor, a civilian friend of the complainant.
Constable Ken Duodu Acheampong, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, Bismark Ampofo, Jeffrey, alias Kay, and three others whose names were not provided are on the run.
The accused have been charged with conspiracy and robbery and they have pleaded not guilty to the charges.
They were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000 and GH¢2,000.
They were also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera and a Standard Chartered Bank cheque book, all valued at $4,000.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, who they had framed up with narcotic charges.
Mr Duah, who for the past 20 years had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
The policemen and the other accused persons played various roles in ransacking Mr Duah’s hotel room, taking away the other items.
The police, in addition, allegedly demanded $30,000 from the victim, else they would have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot.

Court drops contempt case against ICU

Thursday, April 9, 2009 (Page 3)

THE Accra Fast Track High Court has dismissed a contempt case brought against three members of the Interim Management Committee (IMC) of the Industrial and Commercial Workers Union (ICU).
According to the court, the applicants, Mr Napoleon Kpoh, a former General Secretary of the ICU, and Mr A. Y. B. Salifu, former Chairman of the ICU, had failed to establish a prima facie case against the IMC to warrant the court to cite them for contempt.
The applicants had prayed the court to cite Mr Gilbert Awinongya, Chairman of the IMC, Mr Solomon Kotei and Theophilus Tenkorang, both members of the IMC, for contempt of court after they had allegedly disregarded a court’s order to secure its permission before preparing and subsequently holding the ICU 8th quadrennial delegates conference.
The court, presided over by Justice Edward Amoako Asante, said he had carefully studied the court order that was relied on by the plaintiffs in the contempt application and it had come to the conclusion that the defendants did not flout any court order.
It also held that the applicants failed to tell the court whether or not they (applicants) were national executive members of the ICU.
The court further ruled that the defendants were not parties to the substantive matter in which the applicants claim they had been wrongfully removed from office.
It accordingly held that the defendants could, therefore, not be attached for contempt of court because there was no act of liability on their part.
The court awarded costs of GH¢1,500 against Mr Kpoh and Mr Salifu in favour of the defendants.
The counsel for the defendants had asked the court to grant costs of GH¢2,500 in favour of his clients but the counsel for the applicants offered to pay GH¢200.
In the substantive case against the Deputy General Secretary in charge of Operations of ICU, and five others, Mr Kpoh and Mr Salifu stated that their removal from office constituted an infringement of their fundamental human rights as enshrined in the 1992 Constitution.
In the application to the court to cite the defendants for contempt, the applicants said they had not been served any notice of any application by the respondents for an order to prepare for the conference, which was held in Kumasi, noting that since they were members of the ICU, they had responsibilities to participate in deliberations of the ICU.
According to the plaintiffs, although the defendants on August 20, 2007, secured an injunction to run the IMC, that did not mandate them to conduct any quadrennial delegates’ conference.
They further stated that the conduct of the defendants "undermines the administration of justice of the court and, therefore, prayed the court to commit them to prison custody for contempt”.
In response, Mr Awinongya described the plaintiffs’ action as questionable, saying the application had been wrongly brought against him.
He said he was not a party to the suit and did not prepare or organise the conference in his own capacity but rather, it was the National Executive Council (NEC) of the ICU that organised it.
According to him, the court by its orders of January 12, 2009 showed that the union was acting within the confines of the law while the main suit was still pending.
He said the NEC secured an injunction against the applicants, hence the IMC was vested with the responsibility of running the union in periods between the delegates conference.
Further, Mr Awinongya said, the applicants were no longer members of the ICU.
He also stated that Mr Salifu no longer belonged to the local union of SSNIT where he worked, adding that Mr Salifu had for a period more than three years not paid any dues to the ICU.
The defendant further averred that Mr Kpoh had since August 11, 2007 not belonged to any constituency within the union.
The Accra Fast Track High Court had on August 20, 2007 restrained Mr Kpoh and Mr Salifu from holding themselves as General Secretary and Chairman of the ICU respectively.

Court quashes ruling on Asutifi South - EC now free to declare result

Thursday, April 9, 2009 (Page 3 Lead)

THE Supreme Court yesterday quashed the ruling of the Sunyani High Court which upheld a petition that sought to restrain the declaration of the winner of the Asutifi South parliamentary election held on December 7, 2008.
In a unanimous decision, the court prohibited the trial judge from further hearing the matter on the grounds that he had assumed a wrongful jurisdiction when he proceeded to hear the case.
The effect of the ruling is that the Electoral Commission (EC) can now go ahead and declare the winner of the election, after which any aggrieved party can go ahead and petition the High Court within 21 days after the declaration of the winner.
The Sunyani High Court had, on January 6, 2009, ruled that an application for injunction filed by the New Patriotic Party’s (NPP’s) parliamentary candidate for Asutifi South in the election, Mr Yiadom Boakye-Boateng, seeking to restrain the EC from declaring the winner of the Asutifi South election had been properly laid before it.
Mr Collins Dauda, the National Democratic Congress (NDC) parliamentary candidate, and the EC had filed a motion praying the High Court to dismiss the petition, since it had not been properly laid before it on the grounds that it should have been filed 21 days after and not before the declaration of the winner of the election.
Following the court’s decision to dismiss Mr Dauda’s opposition to the petition, he filed an application for an order of certiorari praying the Supreme Court to quash the decision of the High Court to hear the petition which sought to restrain the EC from embarking on its constitutional mandate.
Ruling on the matter at its sitting in Accra yesterday, the Supreme Court, presided over by Mr Justice William Atuguba, held that it was premature for the trial judge to hear the petition which had been filed before the declaration of a winner of the election.
Other members of the panel were Ms Justice Sophia Akuffo, Professor Justice S. K. Date-Bah, Mrs Justice Rose Owusu and Mr Justice Paul Baffoe-Bonnie.
The court upheld submissions from counsel for Mr Dauda, who is the Minister of Lands, Forestry and Mines, and awarded costs of GH¢1,000 against Mr Boakye-Boateng.
Mr Dauda, who wore a white African wear, described the court’s ruling as victory for democracy in the country.
He said he was particularly happy the people of Asutifi would soon be represented in Parliament, which started sitting in January.
Counsel for Mr Dauda had argued that Section 18 (1) of the law states that “an election petition shall be presented within twenty-one days after the date of the publication in the Gazette of the result of the election to which it relates, except that a petition questioning an election on an allegation of corrupt practices and specifically alleging a payment of money or to have been made by the person whose election is questioned or to have been made on his behalf to his knowledge, may be presented within twenty-one days after the date of the alleged payment”.
According to Mr Samuel Cudjoe, the ruling by the High Court was improper and ought to be quashed by the highest court of the land because Mr Boakye-Boateng should have waited for the election results to be published in the Gazette before commencing the action at the court, as contained in Section 18 (1) of PNDC Law 284.
The applicant had further stated that the High Court judge erred and exceeded his jurisdiction when, on his own, he amended Section 18 (2) of PNDC Law 284 by ruling that the payment of a deposit was not necessary for a petition to be heard.
Section 18 (2) of PNDC Law 284 states that “the presentation of an election petition under subsection (1) shall not be valid unless, within the time specified in subsection (1), the petitioner gives ¢20,000 as security for costs”.
On February 24, 2009, counsel for the respondent, Captain Nkrabeah Effah-Dartey (retd), had opposed Mr Dauda’s application and informed the court that the law allowed his client to be heard before the 21-day period, especially when there was an allegation of corrupt practice.
For his part, counsel for the EC, Mr James Quarshie-Idun, told the court that the position of the EC was that it should be allowed to complete its work before petitions were filed.
A Principal State Attorney, Ms Sylvia Edusu, who represented the Attorney-General on behalf of the EC, said the Attorney-General was not opposed to the application for an order of certiorari to quash the lower court’s ruling.

Critics of government must be patient — Rev Owusu

Tuesday, April 7, 2009 (Page 17)

An appeal has been made to the critics of the National Democratic Congress government to be patient and allow the new government to implement its better Ghana agenda.
The appeal, made by the General Overseer of the Believers Home Chapel, Reverend Albert Akwasi Owusu, said "there is nothing like instant development; We must focus on lending our support to President Mills to develop this country for the benefit of us all instead of criticising him on very trivial issues."
In an interview, he said, it would be unfortunate for anyone or group of persons to sit back and pray for President Mills's government to fail because that person or group do not share in President Mills's ideologies.
He reminded Ghanaians that the success or failure of Ghana depended on all and not a particular political party.
He said for Ghana to succeed, "it is important for us to change our negative attitude towards work, the environment and handling of national assets," among many others.
Rev. Owusu also reminded the media of their responsibility in ensuring national peace and cohesion.
He said it was important for the media to remain neutral and focus on issues that would enhance national development.
Touching on the numerous road accidents which had recently plagued the country, Rev. Owusu urged the public not to put the blame on the doorstep of drivers.
He was of the view that other stakeholders, including the Driver and Vehicle Licensing Authority (DVLA), the police, the Ghana Private Road Transport Union (GPRTU), the Customs, Excise and Preventive Service (CEPS), passengers, spare parts dealers, among others, have a collective role to play in curbing the carnage on the roads.
According to him the carnage would reduce drastically if all the stakeholders played their roles efficiently and effectively.
Rev. Owusu also appealed to churches to make it a point to pray for God to intercede and curb the carnage.
He appealed to Christians to use the Easter season to fast and pray for God's intervention in curbing road accidents.
He said the church had designed a programme for the Easter celebration, and stated that the theme for this year's celebration was "The benefit of the Blood of Jesus."
Rev. Owusu pointed out that Jesus died to save mankind from sin and for that matter it was important for Christians to develop positive habits and live according to the doctrines of the Bible.
He said Christians must repent of their sins to serve the purpose of Jesus dying for mankind.

Court moves to alleged brothel

Tuesday, April 7, 2009 (Page 3 Lead)

THE Accra Circuit Court hearing the case involving three Chinese nationals standing trial for trafficking girls for prostitution yesterday toured the brothel run by the accused persons.
The court was moved at the instance of the prosecution, which wanted to prove that the accused persons were not running a restaurant as they had claimed in court.
James Xu Jin, his wife, Chou Xiou Ying and Sam Shan Zifan, James's younger brother, have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges.
They have been refused bail.
The entourage included the trial judge, Mrs Elizabeth Ankumah, the prosecutor, Assistant Superintendent of Police, Ms Mary Agbozo, counsel for the accused persons, Mr B. O. K. Johnson, court officials, the police and reporters.
The accused persons were also brought to witness events as was required by law.
During a tour within the house called Peach Blossom Palace and its surrounding areas, persons who shared common boundaries with the accused persons told court officials that they were not aware the accused persons operated a restaurant.
They also claimed that the main gate to the Peach Blossom Palace was always locked and opened to only whites who visited the house on a regular basis.
According to the landlady, she was not allowed into the house anytime she visited. She also claimed James had rented the place for GH¢350 a month.
The room shared by the girls was furnished with six twin beds and two single beds.There were also two separate rooms with the inscriptions "A1" and "B1", a small kitchen containing greasy bowls and saucepans, broken louvre blades, a dirty floor, dusty windows, and a dilapidated kitchen cabinet, among others.
Condoms, birth control pills, shoes, brassieres, ruffled beds, combs and many items were scattered on the floor of the rooms shared by the girls who were hosted by the accused persons.
The narrow hall which was allegedly used as a dancing floor for the girls to entertain their male visitors were decorated with Chinese inscriptions.
Earlier, Zifan told the court during cross-examination that he did not write in his statement that the girls were into prostitution.
He also denied opening doors for men who patronised the brothel or receiving $600 as his monthly salary.
Zifan also admitted taking one of the girls to a hotel to meet a man and further stated that he served as an interpreter between the girls and the men who patronised the restaurant out of kindness.
A defence witness, Pan Jiasong, who claimed to operate a restaurant at Tabora, a suburb of Accra, said James told him that the girls were Chou's visitors from China.
According to the witness, he had met the girls several times at a Casino in a popular hotel in Accra.
The witness told the court during cross-examination that he had visited the house more than 20 times.
He also claimed he had eaten fried rice and chicken at the restaurant that was operated by the three accused persons.
Jiasong denied patronising the services of the girls.
Hearing continues on Wednesday, April 8, 2009.
The victims, who were recruited from Harbin, a city in China, had stated in their evidence that they had been recruited under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but on arrival in Ghana, they were forced into prostitution by Chou and James.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day.
They also said they relied on tips from their clients, who were mostly Lebanese, Chinese and Indians.

Court frees 2 over fraud

Friday, April 3, 2009 (Page 3 )

THE Accra Circuit Court yesterday acquitted and discharged two directors of Searock Travel and Tours who had been accused of defrauding the Agricultural Development Bank (ADB) to the tune of GH¢90,000.
Mr Rajesh Mirwani and Mr Naresh Mirwani, both Indians, were acquitted after the court had upheld a submission of ‘no case’ by their counsel, Dr Josiah Aryeh, after the prosecution had closed its case.
The two had been charged with conspiracy and defrauding by false pretence.
In acquitting the two, the presiding judge, Mrs Elizabeth Ankumah, stated that the prosecution failed to establish a prima facie case against them and for that matter the court could not call on them to open their defence.
The two were alleged to have committed the offence in September 2007.
Four witnesses were called in the trial, which commenced on November 23, 2008.
Two others, namely, Kwame Sekye, the Managing Director of Rangers Security Limited, and Samuel Babbington Norteye, unemployed, had, in the course of the trial, pleaded guilty to the offence.
The court convicted Sekye and fined him GH¢1,200 or in default serve three years’ imprisonment with hard labour.
Sekye admitted introducing Babbington to Naresh and Rajesh to aid them to secure an indenture for the GH¢90,000 loan from the ADB. Babbington was also fined GH¢1,000 after he had pleaded guilty to aiding Rajesh and Naresh to use a property belonging to the late Miguel Augustus Ribeiro to secure a loan from the ADB.
He also presented himself to the bank as the owner of the building, which belonged to the late Ribeiro.
According to the facts of the case, Sekye and Babbington also signed the contract of indemnity on behalf of Naresh and Rajesh.
Sekye and Babbington were allegedly given GH¢5,000 as their share of the GH¢90,000 obtained from the bank.
Naresh and Rajesh were said to have closed down the travel and tour agency, absconded and failed to repay the loan.
In the course of the trial, the prosecution, however, failed to lead evidence to warrant the court to order Rajesh and Naresh to open their defence.

'I didn't seize passports of girls'

Thursday, April 2, 2009 (Page 3)

THE wife of the alleged ringleader of a Chinese human trafficking syndicate has denied seizing the passports of the girls whom she and her husband had been accused of forcing into prostitution.
According to Chou Xiou Ying, she and her husband, James Xu Jin, who is also an accused person, kept the passports of the seven girls for safety reasons and not to render them powerless from escaping from forced prostitution.
Answering questions under cross-examination from an Assistant Superintendent of Police, Ms Mary Agbozo, the accused person told the court that the girls feared they would misplace their passports and, therefore, she and her husband decided to assist by keeping them.
She claimed that the girls did nothing but troop from casino to casino, while she and her husband, with the assistance of a third accused person, Sam Shan Zifan, operated a restaurant alone.
Jin, Chou and Zifan, James’s younger brother, have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges.
They have been refused bail by the court, presided over by Mrs Elizabeth Ankumah.
The victims, who were recruited from Harbin, a city in China, had stated that they had been recruited under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but on arrival in Ghana they were forced into prostitution by Chou and James.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day.
They also said they relied on tips from their clients, who were mostly Lebanese, Chinese and Indians, for survival, among many challenges.
A prosecution witness, Mr Anas Aremeyaw Anas, through whose investigations the accused persons were arrested, had also informed the court that his investigations revealed that blacks, no matter how rich they were, were not allowed to patronise the girls.
However, Chou disagreed with the girls and other prosecution witnesses and claimed that the girls did not assist her to run the restaurant, adding that they rather paced up and down the restaurant anytime customers came over to eat.
She denied an assertion from the prosecution that she and her husband operated a brothel and not a restaurant.
She, however, could not give the average number of blacks who visited the restaurant to eat daily but she was able to tell the court that an average of 20 whites patronised the restaurant daily.
Chou also claimed that she never asked the girls the work they did, although they lived with her and her husband at Agyemang, an area at La in Accra.
Speaking through an interpreter, Chou denied an assertion from the prosecution that she and her husband enjoyed the proceeds from the girls’ prostitution.
She also stated that she was not aware that one of the girls was arrested naked with a naked man at her (Chou’s) residence on February 14, 2009 when a picture of that sort was shown to her.
The third accused, Zifan, who was led to give his evidence-in-chief by his counsel, Mr B. O. K. Johnson, told the court that he was not the link man between the girls and the men who patronised their services.
He said he understood little English and, therefore, interpreted for customers who visited the restaurant.
Zifan informed the court that he once escorted one of the girls to meet a man at a hotel based on the girl’s persistence.
According to him, he was given a $100 by the man whom he noticed was one of the customers who patronised the restaurant.
He is expected to be cross-examined on Monday, April 6, 2009.

Priave lotto operators to function until ...

Thursday, April 2, 2009 (Page 3 Lead)

THE Accra Fast Track High Court yesterday gave the nod to private lotto operators to function until the Court of Appeal determined otherwise.
In staying its earlier decision which outlawed private lotto in the country, the court stated that the Ghana Lotto Operators Association (GLOA) and six others had raised issues which needed to be heard by the Court of Appeal on their merit.
It, accordingly, restrained the National Lottery Authority (NLA) from interfering with the property rights of the applicants, namely, the GLOA, Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises.
Citing authorities to buttress its decision, the presiding judge, Mr Justice Edward Amoako Asante, said he agreed with applicants assertion that there were triable issues to be looked into and for that matter “it is only fair to maintain the status quo of applicants.”
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act, (NLA) Act 2006, Act 722 as constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Following the dismissal, the applicants appealed at the Court of Appeal and filed another application praying the lower court to stay its decision pending the outcome of the appeal.
At its sitting in Accra yesterday, the court admitted affirming the Supreme Court’s decision which declared the Lotto Act constitutional but stated that the applicants had raised issues which needed to be determined by the Court of Appeal.
According to the court, the applicants might suffer irreparable hardship if it did not stay execution of its judgement pending the outcome of the appeal which might go either way.
That notwithstanding, the court directed the GLOA and the other applicants to file an undertaken in the sum of GH¢1 million.
It did not award costs.
Counsel for the NLA, Mr Kizito Beyuo, prayed the court to be specific as to its orders, to which counsel for the applicants, Mr Aurelius Awuku, argued that they were clear.
In reply, the trial judge stated that the applicants could go on with their business until the Court of Appeal determined otherwise.
In the substantive appeal, the appellants stated that the trial judge erred in law by summarily dismissing an action which concerned their fundamental human rights.
They said the trial judge failed in his duty to give them a fair hearing in a case involving serious issues of fact and several pieces of evidence.
In the application for injunction pending the outcome of the appeal, the applicants argued that the court’s outlaw of private lotto was wrong in law and an improper exercise of discretion.
According to the applicants, "the subsequent dismissal of our action raises serious questions of law and fact which would have to be considered by the appellate court".
An affidavit in support of their motion for stay of execution stated that the ruling of the Fast Track High Court had the potential of folding up the businesses of the plaintiffs, which it said "would be irreparable in the likely event that the appellate court reverses the wrongful ruling".
It said the appeal, which was likely to succeed, touched on the fundamental human rights of the plaintiffs and accordingly prayed the court to restrain the NLA from interfering with the work or property rights of the plaintiffs, pending the determination of the appeal.
According to the applicants, the Supreme Court recognised that the plaintiffs were not at the mercy of the state in seeking to participate in the state-regulated lottery industry.
It further argued that the Supreme Court never said the plaintiffs could not participate in the state-regulated lottery industry and accordingly prayed the Court of Appeal to set aside the ruling of the trial court, as well as an order to restore their action for it to be determined on the merits after a proper hearing.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act, right from the Fast Track High Court, the Court of Appeal to the Supreme Court.

Woman, 38, jailed for human trafficking

Wednesday, April 1, 2009 (Page 31)

THE Accra Circuit Court last Monday sentenced a Nigerian to eight years’ imprisonment after it found her guilty of trafficking a 14-year-old Togolese.
Princess Thomas Dupe, a 38-year-old trader, was found guilty after the prosecution led evidence to prove that she had transported the victim (name withheld) from Badu, a town in the Republic of Togo, to Accra, en route to Burkina Faso, in July 2008 for the purpose of putting her under domestic servitude.
The convict, who stayed in the same area with the victim, induced and transported the victim to Accra, en route to Burkina Faso, unknown to the victim’s parents.
Princess is the first person to be convicted after the Anti Human Trafficking Unit of the Ghana Police Service was established in March 2008.
Four witnesses, including herself, were called to testify in the trial which lasted less than three months.
Reading her judgement, the trial judge, Mrs Elizabeth Ankumah, held that the prosecution had established Princess’s guilt beyond reasonable doubt.
According to the court, the convict’s defence that she had brought the victim to Ghana to enable the victim to reconcile with her parents was untenable.
The court also ordered that the victim, who is currently in a shelter at Osu, should be sent back to her parents in Togo.
Princess, who wore a pair of blue jeans, a gold coloured shirt and a scarf, walked out of the courtroom angry. She was escorted by a police officer.
She disagreed with the investigator, Detective Inspector Joseph Mannoh, when he asked her to wait in the court cells while the necessary documents were prepared before she could be transported to begin her prison sentence.
Wielding her bags, in apparent preparation to begin her prison sentence, Princess said, “I am not going to that cell. I want to go straight to Nsawam.”
That notwithstanding, she was put in cells, while Inspector Mannoh waited for the trial judge to recess to enable her to sign the necessary court documents in order for prison officials to admit the convict.
In the course of the trial, Princess pleaded not guilty to one count of human trafficking.
The facts of the case were that in July 2008 the convict induced the victim and transported her to Accra.
On reaching the STC Yard at Kaneshie, Princess ran out of money and decided to let the victim work with anyone who was interested in her for a fee.
Princess later had information that the complainant needed a maid. She, therefore, approached her and introduced herself as the victim’s elder sister.
Princess then informed the complainant that she needed money to enable her to travel with the victim to Burkina Faso and for that matter she would allow the complainant to employ the victim for a fee of GH¢15 per month while she went back to Togo to look for extra money.
The complainant accepted the offer but the victim told her during Princess’ absence that she (victim) was not related to Princess.
The victim went on to state that she had been induced by Princess and brought to Accra without the knowledge of her parents.
Princess returned to Accra on September 17, 2008, went to the complainant to take her two-month fee of GH¢30 and made arrangements to transport the victim to Burkina Faso.
Subsequently, the complainant alerted the police, based on the information she had gathered from the victim.

A-G's Dept takes over prosecution

Wednesday, April 1, 2009 (Page 3)

THE Attorney-General’s Department has taken over the prosecution of the case involving the six policemen and their accomplices who are alleged to have robbed a businessman at a hotel in Accra.
An Assistant Superintendent of Police, Mr George Abavelim, made this known to the circuit court trying the case at its sitting in Accra yesterday.
An Assistant State Attorney, Mr Paul Abariga, had announced himself earlier as the new prosecutor and left for another court before Mr Abavelim arrived in court.
The court, presided over by Mr Mahamadu Iddrisu, accordingly adjourned the case to April 8, 2009.
Lawyers for the accused persons repeated their application for bail for the accused persons but the court refused.
The accused persons are DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah and Hans Amanor, a civilian friend of the complainant.
Constable Ken Duodu Acheampong, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, Bismark Ampofo, Jeffrey, alias Kay, and three others whose names were not provided are on the run.
The accused have been charged with conspiracy and robbery and they have pleaded not guilty to the charges.
They are alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, 1,000 euros and GH¢2,000.
They are also alleged to have robbed the victim of a black bag containing two compact disc Walkman players, a set of keys, a digital camera and a Standard Chartered Bank cheque book, all valued at $4,000.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
The policemen and the other accused persons played various roles in ransacking Mr Duah’s hotel room, taking away the other items.
The police, in addition, allegedly demanded $30,000 from the victim, else they would have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot.

'We didn't recruit girls for prostitution'

Tuesday, March 31, 2009 (Page 3 Lead)

TWO of the Chinese nationals who are alleged to have trafficked Chinese girls have denied recruiting the girls for prostitution.
James Xu Jin, 41, the alleged mastermind, and his wife, Chou Xiou Ying, claimed that all but one of the girls came to Ghana on their own volition.
They claimed that they were responsible for only one of the girls, although the others lived in their (accused persons) house at La.
The two informed the court, presided over by Mrs Elizabeth Ankumah, that they ran a restaurant and not a prostitution gang, as was alleged by the prosecution.
Jin, Chou and Sam Shan Zifan, James’s younger brother, have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges.
All the victims were recruited from Harbin, a city in China, with the promise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but they ended up in prostitution.
Testifying in court under cross-examination from the prosecutor, Assistant Superintendent of Police Ms Mary Agbozo, Jin told the court that the $14,000 recovered from his house on the day of their arrest did not emanate from sexual exploitation of the girls.
Speaking through an interpreter, Jin stated that he ran the restaurant with the other two accused persons and further pointed out that the drinks stocked in his house were meant for those who patronised the restaurant and not for men who visited the girls.
According to the accused person, the victims patronised casinos, to his disapproval, and further denied deceiving immigration officials, officials from the Ghana Investment Promotion Council (GIPC) and the Registrar General’s Department that he ran a restaurant.
Jin admitted owning some CD players which were at his residence but claimed that he did not know they contained sordid scenes.
According to the prosecution, one of the CD players contained sexual scenes of a woman being burnt with a burning cigarette, while an iron was inserted in her vagina.
It also stated that one of the CD players contained a scene of a woman sucking the genitals of a horse.
Both the prosecution and the defence are expected to watch the CD players, together with the court, on the next adjourned date.
Jin denied showing those movies to the girls to scare them into agreeing to engage in prostitution.
Led by her counsel, Mr B. O. K. Johnson, Chou, 30, told the court that most of the girls were her neighbours back in China who decided to accompany her to work in Ghana.
She claimed that she did not know how the girls procured their passports, air tickets and visas but admitted that they put up with her and her husband at La.
She further claimed that the girls went out all the time but she did not know the work they did while outside, adding that her husband even told her he did not like the attitude of the girls.
The accused person said the girls often paced the restaurant and often disrupted her customers, adding that she and Jin quarrelled often because of the girls.
During cross-examination, Chou said her husband’s restaurant was called “James Garden Chinese Restaurant”, while the house in which they lived at La was called “Peach Blossom Palaces”.
According to her, the two names meant the same thing and further explained that the restaurant was near the La Police Station.
She informed the court that she did not understand immigration procedures and could, therefore, not explain why her husband gave different addresses to the GIPC and immigration officials.
Hearing continues today.

Herbalist defrauds patient

Saturday, March 28, 2009 (Page 27 - THE MIRROR)

A herbalist who took GH¢13,000 to heal a woman who has suffered from mental illness for the past 25 years is in the grips of the law.
Mallam Eliyasu Abdul Wahab, who also claimed to be a spiritualist, allegedly took the money from the mentally ill woman's daughter under the pretext of healing the woman of her predicament but failed to live up to expectation.
The accused person was charged with one count of defrauding by false pretence.
He pleaded not guilty to the offence and was remanded to reappear on March 31, 2009.
Brief facts of the case are that some time in 2008 the complainant came into contact with the accused person through a friend who is currently in the UK.
The complainant, whose mother has been sick for 25 years, contacted the accused person if he could treat her sick mother.
Wahab replied in the affirmative and allegedly demanded and collected GH¢3,000 as part payment for his spiritual services.
According to the prosecution, Wahab went to the complainant’s house to perform the spiritual healing and in the process demanded and collected an extra GH¢5,000.
The prosecution said the accused person alleged that he would use the amount to purchase some more items to heal the sick woman.
After collecting a total amount of GH¢13,000, he again demanded GH¢5,000 which the complainant could not provide.
Wahab allegedly convinced the complainant and took her car, under the pretext of using it as collateral for a loan in order to facilitate the treatment of her mother.
He, however, sold the complainant's Toyota Corolla saloon car, valued at GH¢6,500, while the complainant's mother’s condition worsened.
Realising that she had been duped, the complainant reported the matter to the police, resulting in Wahab’s arrest on March 3, 2009.

'Set aside judgement against Enquirer'

March 26, 2009 (Page 3)

THE editor of the Enquirer newspaper, Mr Raymond Archer, has filed a motion praying the Accra Fast High Court to set aside a default judgement it gave against him and Focal Media Publishing, publishers of the newspaper, for defaming the Country Manager of Kosmos Energy Ghana Limited, Mr George Yaw Owusu.
Mr Owusu sued the Enquirer and its editor for publishing what he described as libelous materials which created the impression that he was a drug dealer who, together with the former Minister of Defence, Mr Albert Kan-Dapaah, had links with the former Member of Parliament for Nkoranza, Mr Eric Amoateng.
The court gave the default judgement against Mr Archer and Focal Media Publishing for failing to file their appearance in the case which was instituted in December 2008 by Mr Owusu, who stated that those publications were untrue and that as a result of them his reputation had been gravely affected and, therefore, he had suffered and continued to suffer irreparable damage, pain and embarrassment.
According to Mr Owusu, the Enquirer made the publications in deliberate disregard to page 10 of a Narcotics Control Board (NACOB) report which clearly mentioned that a man by name "George Owusu" who had shipped ceramics to the USA and had links with Amoateng was different from him the plaintiff, Mr Owusu.
In an affidavit in support of the motion on notice to set aside the court’s judgement, Mr Archer said it was the first time he had been served with a formal process relating to the suit in respect of which the interlocutory judgement was entered against him.
He stated that although search results at the court’s registry proved that a reporter from his outfit, Mr Freddy Nyarko, had been served with the writ of summons and statement of claim, Mr Nyarko had denied receiving any court processes on behalf of Mr Archer.
The deponent further stated that should the court permit him, he would file his defence and lead evidence to prove that he published those stories based on justification, qualified privilege and fair comment within the meaning of the law on libel.
“The first defendant (Focal Media Publishing) has always been prompt to respond to defamation suits against it and would not have been indolent had the processes come to its attention,” the affidavit in support of the motion pointed out.
Counsel for Mr Archer, Mr Tony Lithur, is expected to move the motion on notice to set aside the interlocutory judgement against Mr Archer on Monday, April 6, 2009.
Mr Owusu stated in his substantive writ that he was an environmental scientist who had worked with reputable oil companies in the USA for the past 20 years and had neither met Amoateng nor ever dealt in drugs, as was "maliciously" and "mischievously" published by the newspaper.

A-G files writ to quash Gh¢700,000 payment

Tuesday, March 24, 2009 (Second Lead Story)

THE Attorney-General (A-G) has filed an application praying the Supreme Court to quash a High Court order which directed the Bank of Ghana (BoG) to release GH¢700,000 from the bank’s accounts to a private company.
According to the A-G, the High Court did not have the power to attach public funds in satisfaction of a judgement debt in favour of Rockshell International Limited.
The government owes the company $7 million, having so far paid $5 million out of its total debt of $12 million owed it.
The company sued the government for failing to pay it after it had sold granite stones to the government for the Keta sea defence project in February 1986, obtained judgement for the payment of the debt but maintained that the government had refused to pay the debt, leading to the company suffering irreparable damage.
An affidavit in support of the motion for an order of certiorari to quash the High Court’s decision to attach the BoG’s accounts for the payment of debts filed on behalf of the A-G by the Solicitor-General, Mrs Amma A. Gaisie, conceded that the government owed the company but submitted that “the amount involved is huge and it will be impossible to make a one-off payment”.
The applicant argued that the High Court erred when it granted an order directed at the Governor of the BoG to release funds from the Contingency Operational Account in payment of a judgement debt because it (the High Court) did not have the jurisdiction to make that order.
According to the A-G, “the Bank of Ghana is not party to the suit. It is a corporate body, and yet one of its accounts has been attached”, adding that the Constitution did not allow the attachment of public funds to judgement debts with the reason that “the consequences would be too serious for the operations of government and the people of Ghana as a whole”.
However, the applicant pointed out that “it is not our contention that the judgement debt will not be paid. In fact, and as agreed between the parties, US$5,000,000 has already been paid to the interested party (Rockshell International Limited)”.
The A-G further submitted that to resolve the issue, the parties would have to agree on the balance of the amount due and negotiate the terms of payment of the judgement debt.
It, accordingly, prayed the court to order that public funds and government property could not be attached in execution of judgement debts, as well as an order that all orders for garnishee against the government listed accounts should be quashed.
The applicant is also praying the court to order the Controller and Accountant-General to assess the original amount due Rockshell International Limited and calculate the interest due the company in accordance with the law which would form the basis for payment, less the amount already disbursed to the company.
In an affidavit in opposition, the General Manager of Rockshell International Limited, Mr Alfred O. K. Hall, submitted that the applicant had been recalcitrant in paying its debt, despite Rockshell obtaining judgement against the applicant.
It said the company and its employees had undergone irreparable hardship and tribulation as a result of the failure of the government to pay its debt for work done, although the government facilitated the acquisition of a bank loan for the execution of the project.
According to the affidavit, the company lost its equipment and factory premises, as well as personal assets and properties, to its creditors.
“The instant application amounts to an invidious invitation to this honourable court to hold that in spite of the democratic and constitutional dispensation in this country, the government of Ghana is not amenable to the execution process, even when it admits to a public debt and, indeed, where its liability has been established by a court of competent jurisdiction,” it said
According to the company, “by a bizarre twist of circumstances, the High Court vacated all orders it had made in connection with the case, including those that had not been challenged in the case, and by that action it brought the administration of justice into disrepute and thereby eroded the confidence that the interested party (Rockshell International Limited) had in the court”.
It added that the application filed by the A-G was totally “unmeritorious, frivolous and vexatious and constitutes a flagrant abuse of the court process and it should be dismissed with the appropriate deterrent costs”.
The Supreme Court has adjourned the case sine die to study the documents filed by parties in the case.
The Accra Fast Track High Court on January 26, 2009 struck out a motion that sought an order to commit the Governor of the BoG, Dr Paul Acquah, to prison for his refusal to comply with the court's order following Mr Hall’s withdrawal of the motion.
Rockshell sued the government for work done in respect of the Keta sea defence project and had a summary judgement against the Republic on November 20, 2006.
Pursuant to proceedings commenced by the applicant, the court, on January 9, 2009, ordered Dr Acquah to pay the amount from the Contingency Operational Account number 0121360058002 to Rockshell International.
Mr Hall, in an affidavit deposed to by him, said several attempts to have Dr Acquah pay the judgement debt had failed and, for that reason, he should be convicted for contempt of court.
It, was, however, withdrawn following an agreement by the parties to settle the matter out of court.
It was after the withdrawal of the contempt case against Dr Acquah that the A-G filed the motion to invoke the supervisory jurisdiction of the Supreme Court to quash the decision of the High Court.

Witness identifies sales person in Close Up trial

Monday, March 23, 2009 (Page 47)


Story: Mabel Aku Baneseh
A witness in the trial involving two Chinese nationals accused of possessing fake Close Up toothpaste has identified one of the accused persons as the one who sold the product to him.
Cherubin Awabe, whose company had been tasked by Unilever Ghana Limited to track the sources of the company's counterfeited products told the court that during his investigations one of the accused persons, Chen Chuping, a saleswoman, sold the fake products to him when he went to purchase them at a shop at Rawlings Park in Accra.
According to him, many hawkers and head porters trooped to the shop to purchase the fake products which were alleged to be poisonous.
Chen and Tang Wei, Directors of W.B. Impex Ltd, are accused of being the source of supply of the fake Close Up toothpaste.
The accused have pleaded not guilty for the possession and sale of goods marked with counterfeited trade marks.
They have each been granted bail in the sum of GH¢20,000 with a surety each.
At the court’s hearing in Accra on Thursday, Mr Awabe, the company’s Director of Industry and Marketing Support System, said he was tasked by Unilever to conduct research into counterfeit toothpaste on the market.
In the course of the research, he said he held a number of interviews with hawkers and head porters who sold the counterfeited toothpaste, and as a result he was led to the shop where those products were purchased.
Led by a Deputy Superintendent of Police (DSP), Mr P. K. Frimpong, to give his evidence-in-chief, Mr Awabe said upon reaching the shop, his team of researchers bought six pieces of the toothpaste and a test conducted on them proved that they were fake.
According to him, he visited the point of sale of the products and requested to purchase 20 cartons of the toothpaste which had then been displayed on shelves.
He said Chen informed him that only three cartons were left and that the remaining 17 would be added to the three later.
Mr Awabe told the court that he deposited GH¢200 out of the total of GH¢360 he was expected to pay for the 20 cartons.
He tendered the receipt for the GH¢200 in evidence as exhibit.
According to the witness, the interest of the company was to get to the source of the counterfeited toothpaste, and as a result, the warehouse containing the counterfeit toothpaste,which was located at Mallam in Accra.
After locating the warehouse, the witness later led the police to the warehouse where large quantities of the counterfeited toothpaste were found.
He said a woman at the warehouse informed the police that the items belonged to her husband who later turned out to be Tang.
During cross examination from counsel for the accused persons, Mr Peter Zwennes, the witness told the court that he could not give the identity of the head porters who led him to the shop of Tang.
He also informed the court that the import of the research was to get to the wholesaler of the counterfeit toothpaste.
He also told the court that he did not take a receipt for the initial six pieces of counterfeit toothpaste he bought from Chen.
Hearing continues today.

Enquirer guilty of defamation

Friday, March 20, 2009 (Page 3)

THE Accra Fast High Court yesterday gave default judgement against the Enquirer newspaper and its editor, Mr Raymond Archer, for defaming the Country Manager of Kosmos Energy, Ghana Limited, Mr George Yaw Owusu.
Mr Owusu sued the Enquirer and its editor for publishing what he described as libellous materials which created the impression that he was a drug dealer who together with the former Minister of Defence, Mr Albert Kan-Dapaah, had links with the former Member of Parliament for Nkoranza, Mr Eric Amoateng.
According to Mr Owusu, those publications were untrue and as a result of the publications, his reputation had been gravely affected and therefore he had suffered and continued to suffer irreparable damage, pain and embarrassment.
He said the Enquirer made the publications in deliberate disregard to page 10 of a Narcotics Control Board (NACOB) report which clearly mentioned that a man by name "George Owusu" who had shipped ceramics to the USA and had links with Amoateng was different from him the plaintiff, Mr Owusu.
According to the plaintiff, he was an environmental scientist who had worked with reputable oil companies in the USA for the past 20 years and had neither met Amoateng nor ever dealt in drugs as was "maliciously" and "mischievously" published by the newspaper.
He said the newspaper in its front page of November 26 to November 27, 2008 and November 28 to November 29, 2008 editions, deliberately left out page 10 of the NACOB report which clearly stated he, Mr Owusu, was not linked to the Amoateng case.
Mr Owusu averred that he had suffered and continued to suffer considerable distress and embarrassment as a result of the said publications, which he described as "mischievous and accentuated by malice".
At the court's sitting in Accra yesterday, the court gave judgement against the Enquirer newspaper and Mr Archer for failing to appear before it within the stipulated time in accordance with the law after they had been served with the writ of summons.
The matter was adjourned to Wednesday, March 25, 2009 for assessment of damages after the counsel for the plaintiff, Mr Egbert Faibille, had prayed the court to enter judgement in default of appearance against the defendants.
According to the counsel, the court on the last adjourned date ordered that the defendants should be served through substituted service, which was done, but the defendants had failed to enter appearance.
In the substantive suit, Mr Owusu is praying the court to restrain the defendants from further publishing libellous materials which have created the impression that he was a drug baron linked to Eric Amoateng, although had never met Amoateng in his life.
Mr Owusu is, therefore, praying the court to award general damages for libel against the defendants, as well as award aggravated damages against Mr Archer following the repetition of the defamatory words on Radio Gold, a private radio station.
The plaintiff also prayed the court to award perpetual injunction to restrain the defendants and their agents from further publishing defamatory words against him, as well as award costs against the defendants.
In substance, the court has granted the relief being sought by the plaintiff.
A statement of claim accompanying the writ stated that Mr Owusu has never known or been associated in anyway, shape or form with Eric Amoateng, adding that Mr Owusu was a reputable and well-known community leader who had lived in the USA for more than 30 years with impeccable records.
It further explained that as a Ghanaian Community Leader in Houston, Texas, Mr Owusu mobilised Ghanaians in the Houston community to buy promotional and souvenir items that three Texas companies, Equiva Services Inc, Mativa Inc and Equilon Enterprises, were offloading to ship them to rural Ghana for donation to the poor.
The plaintiff averred that the items — which included T-shirts, Knit shirts, caps, sweaters, bags, pens, stationery, cups and mugs — all marked with the companies’ logo were shipped to Ghana through the assistance of Mr Kan-Dapaah, who agreed to allow Mr Owusu to ship the items through his (Mr Kan-Dapaah's) foundation.
It said Mr Kan-Dapaah agreed to help with the shipment on condition that some of the promotional items would be given to teachers in his constituency while the owner of Darko Farms, Reverend Kwabena Darko, agreed to safe keep the shipped container of promotional items at his farm until Mr Owusu arrived in Ghana for distribution.
"Upon the plaintiff's arrival in the country, the promotional items were divided in seven portions with one portion going to Reverend Darko, another portion going to the Kan-Dapaah Foundation, one portion to the plaintiff and four portions to his Ghanaian friends in Houston, Texas who donated towards the shipment," the statement of claim averred.
It further stated that sometime later two law enforcement officers later visited him in his office and questioned him about the promotional items and Mr Kan-Dapaah's foundation to which he answered "faithfully" as regards all the facts as pleaded in relation to how he met Mr Kan-Dapaah, among others.
Mr Owusu contended that, although, the NACOB report, which was patently the source of the two publications complained of, states at page nine that Amoateng used the name of "George Owusu" as the exporter on all the exports to his (Amoateng's) name, address and that of his (Amoateng's) accomplice Nii Okai Adjei, the defendants "disingenuously" ignored that fact and rather published that Mr Owusu shipped drugs to the USA and ceramics to Mr Kan-Dapaah's foundation.
The plaintiff denied ever getting involved in any shady business, further arguing that he was a responsible family man who had led a transparent life and for that reason unless the court restrained the defendants, he would continue to suffer irreparable damage to his hard-won reputation.

Two in court over fake Close Up

Thursday, March 19, 2009 (Page 47)

THE trial of two Chinese nationals accused of possessing fake Close Up toothpaste has begun at the Accra Circuit Court.
Tang Wei, Director of W.B. Impex Ltd, and Chen Chuping are accused of being the source of the fake Close Up toothpaste which is believed to be poisonous and is currently being sold to unsuspecting members of the public.
Tang and Chen have pleaded not guilty to the possession and sale of goods marked with counterfeited trade mark.
They have each been granted bail in the sum of GH¢20,000 with a surety each.
At the court’s hearing in Accra on Tuesday, the Marketing Director of Unilever Ghana Limited, Prince Asante Obeng, told the court that consumers of the fake product developed sours in their gums.
Led by an Assistant Superintendent of Police (ASP), Mr P. K. Frimpong, to give his evidence-in-chief, Mr Obeng said “tests have proved that the fake Close Up is near to poison”.
According to him, some time in December 2006 he received numerous complaints from consumers who said their mouths went sour after using Close Up toothpaste.
He said Unilever followed up and picked samples of the fake product from the market.
He said the fake ones were green in colour and further explained that the green-coloured Close Up brands were mainly designed for Francophone countries in West Africa, while the red-coloured paste was designed for Anglophone countries.
Mr Obeng stated that after picking some of the fake samples on the market, he called his colleague in Cote d’Ivoire to enquire whether or not he had exported green Close Up to Ghana, to which his colleague answered in the negative.
He also told the court, presided over by Mrs Elizabeth Ankomah, that he got further information from his sales manager at the Okaishie and Makola markets that hawkers were selling the fake toothpaste to unsuspecting consumers.
According to him, Unilever then contracted a company called Industry and Marketing Support System to investigate the source of the product, which subsequently led to the arrest of the accused persons.
He tendered in evidence the original and fake brands of the Close Up toothpaste and informed the court that the accused persons brought in the fake products from China.
Mr Obeng described the distinction between the original and the fake products to the court.
During cross-examination from counsel for the accused persons, Mr Peter Zwennes, the witness told the court that he was not aware that the toothpaste was being manufactured in Cote d’Ivoire.
According to him, the only place the fake product was being manufactured was China.
Hearing continues tomorrow.

No bail for six suspected cops

Saturday, March 14, 2009 (Page 3 )

THE Accra Circuit Court has refused to grant bail to six policemen and their accomplice who were alleged to have robbed a businessman at a hotel in Accra.
According to the court, it was premature for defence lawyers to ask for bail for the accused persons.
The accused persons are DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah and Hans Amanor, a civilian friend of the victim’s.
However, Constable Ken Duodu Acheampong, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, Bismark Ampofo, Jeffrey, alias Kay, and three others whose names were not provided are on the run.
The accused persons had earlier been charged with conspiracy, unlawful entry and stealing but the charges have been substituted with conspiracy and robbery.
They pleaded not guilty to the charges but the court declined to grant them bail after their lawyers had pleaded for it.
Accordingly, they were remanded to reappear on March 25, 2009.
The accused persons were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000, GH¢2,000, a black bag containing two compact disc Walkman players, a set of keys, a digital camera and a Standard Chartered Bank cheque book, all valued at $4,000.
At the court’s sitting in Accra yesterday, the prosecutor, Assistant Superintendent of Police George Abavelim, prayed the court to remand the accused persons, since investigations were ongoing.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and allegedly robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold, but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
The policemen and the other accused persons played various roles in ransacking Mr Duah’s hotel room, taking away the other items.
The police, in addition, allegedly demanded $30,000 from the victim or have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot.