Monday, February 22,2010 (Page 55)
THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, has filed a submission of no case.
The MP was expected to open his defence at the Fast Track High Court in Accra yesterday but his counsel, Mr Egbert Faibille Jnr., informed the court that after carefully studying the record of proceedings in the case, it had become abundantly clear that the prosecution had failed to prove a case against the MP.
For that reason, Mr Faibille said the defence had decided to file a submission of no case.
A Chief State Attorney, Mr Rexford Owiredu, did not take kindly to the defence counsel's submission on the grounds that the court at the close of the prosecution's case directed the MP to open his defence.
He further argued that the defence did not make the submission of no case timeously.
However, the trial judge, Mr Justice Charles Quist, said in the interest of justice he would study the defence team's submission and further directed the prosecution to respond to the defence team's submission of no case on or before March 12, 2010.
The case was accordingly adjourned to March 12, 2010.
On February 10, 2010, Mr Faibille told the court that he received the last chunk of the record of proceedings a day earlier and for that reason he would need a week to study it.
On February 2, 2010, the State announced that it had closed its case after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
He pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
Monday, February 22, 2010
Lotto operators lose appeal
Saturday, February 20, 2010 (Page 14)
THE three-year legal tussle between the Ghana Lotto Operators Association (GLOA) and the National Lottery Authority (NLA) has hit a dead end following the refusal of the Supreme Court to overturn its affirmation of the outlaw of private lotto in the country.
The seven-member review panel of the Supreme Court by a unanimous decision dismissed the GLOA's application which prayed the court to review its decision which upheld the National Lotto Act (Act 722) which, in practicality, had banned private lotto in the country.
The court, presided over by Mr Justice William Atuguba with Ms Justice Sophia A. Akuffo, Professor S. K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah, Mr Justice P. Baffoe-Bonnie and Mr Justice B. T. Aryeetey, said there was no mischief on the part of the NLA as alluded to by the GLOA.
"In view of the intractability and abuse of the process indulged in by the applicants, we award GH¢10,000 costs against each applicant in favour of the respondent," the court ordered.
The applicants in the case, namely GLOA, Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Limited, Dan Multi-Purpose Trading Enterprise Limited, Star Lotto Limited and From-Home Enterprises, have indicated that they would petition the government because of the huge number of jobs that would be lost following the court's decision.
According to the applicants they did not enter into any form of negotiations with the NLA on the surrender of their equipment.
“Where there are no terms, much more terms determined through negotiations between the parties..., any order of this honourable court that allows the NLA to seize the property of the GLOA amounts to a fundamental or basic error on the part of this honourable court, which will occasion a miscarriage of justice,” the application for review pointed out.
According to the application, the ruling of the court amounted to allowing the NLA to carry out its threat against the GLOA.
The applicants had stated in their application that they were likely to suffer greater hardship when the NLA was given the free hand to take over their equipment when no terms had been agreed upon or adjudged by a court of competent jurisdiction but the court held a different view and accordingly dismissed their application.
However, the court dismissed their claims and stated that "there is no subsisting of mischief which this court needs to redress in the interest of justice as at now."
The Supreme Court, on July 22, 2009, quashed an order by the Accra Fast Track High Court which gave the nod to private lotto operators to operate in the country and maintained that the lower court exceeded its authority by allowing the applicants to operate private lotto business in the country.
The General Secretary of the GLOA, Mr Seth Amoani, told reporters that an executive council meeting would be held to deliberate on the next line of action.
THE three-year legal tussle between the Ghana Lotto Operators Association (GLOA) and the National Lottery Authority (NLA) has hit a dead end following the refusal of the Supreme Court to overturn its affirmation of the outlaw of private lotto in the country.
The seven-member review panel of the Supreme Court by a unanimous decision dismissed the GLOA's application which prayed the court to review its decision which upheld the National Lotto Act (Act 722) which, in practicality, had banned private lotto in the country.
The court, presided over by Mr Justice William Atuguba with Ms Justice Sophia A. Akuffo, Professor S. K. Date-Bah, Mr Justice Julius Ansah, Mr Justice Annin Yeboah, Mr Justice P. Baffoe-Bonnie and Mr Justice B. T. Aryeetey, said there was no mischief on the part of the NLA as alluded to by the GLOA.
"In view of the intractability and abuse of the process indulged in by the applicants, we award GH¢10,000 costs against each applicant in favour of the respondent," the court ordered.
The applicants in the case, namely GLOA, Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Limited, Dan Multi-Purpose Trading Enterprise Limited, Star Lotto Limited and From-Home Enterprises, have indicated that they would petition the government because of the huge number of jobs that would be lost following the court's decision.
According to the applicants they did not enter into any form of negotiations with the NLA on the surrender of their equipment.
“Where there are no terms, much more terms determined through negotiations between the parties..., any order of this honourable court that allows the NLA to seize the property of the GLOA amounts to a fundamental or basic error on the part of this honourable court, which will occasion a miscarriage of justice,” the application for review pointed out.
According to the application, the ruling of the court amounted to allowing the NLA to carry out its threat against the GLOA.
The applicants had stated in their application that they were likely to suffer greater hardship when the NLA was given the free hand to take over their equipment when no terms had been agreed upon or adjudged by a court of competent jurisdiction but the court held a different view and accordingly dismissed their application.
However, the court dismissed their claims and stated that "there is no subsisting of mischief which this court needs to redress in the interest of justice as at now."
The Supreme Court, on July 22, 2009, quashed an order by the Accra Fast Track High Court which gave the nod to private lotto operators to operate in the country and maintained that the lower court exceeded its authority by allowing the applicants to operate private lotto business in the country.
The General Secretary of the GLOA, Mr Seth Amoani, told reporters that an executive council meeting would be held to deliberate on the next line of action.
Nana Darkwa Baafi released on bail
Saturday, February 20, 2010 (Page 3 Lead)
THE chaos and extreme anger displayed by supporters of a radio panellist who was remanded in custody by the Accra circuit court on Thursday melted yesterday when he was released on bail by a High Court.
Hundreds of supporters, some clad in New Patriotic Party (NPP) apparel, sang and danced in jubilation when Nana Darkwa Baafi walked out of the court premises after signing his bail bond.
Baafi had been remanded in custody for two weeks by the circuit court barely seven hours after he was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to get President J. E.A. Mills to relocate him.
However, his counsel, Mr Kwame Akuffo, filed a bail application at the High Court, on the grounds that the crime Baafi was alleged to have committed was a misdemeanour for which bail could be granted.
Counsel had also argued that the case against his client had been overblown, with the reason that the accused person’s statement was totally harmless.
The prosecution did not oppose the grant of bail to Baafi.
Subsequently, the court, presided over by Mr Justice Abdullai Iddrisu, granted Baafi bail in the sum of GH¢400 with a surety.
He is expected to reappear before the circuit court on March 3, 2010 for the substantive case to continue.
Baafi has pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
After his release around 11.40 a.m., excited supporters, family members and sympathisers carried him shoulder high and sang victorious songs.
Baafi told reporters that he had spent the night at Burma Camp under the watch of Military Policemen and not in prison custody.
He also stated that he had been treated well by the Military Police and thanked all who supported him in his turbulent moments.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and during the discussions the host raised the issue of the recent fire outbreak at the former President’s residence.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away to safety.
It further stated that Baafi admitted the offence during interrogation at the Accra Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
THE chaos and extreme anger displayed by supporters of a radio panellist who was remanded in custody by the Accra circuit court on Thursday melted yesterday when he was released on bail by a High Court.
Hundreds of supporters, some clad in New Patriotic Party (NPP) apparel, sang and danced in jubilation when Nana Darkwa Baafi walked out of the court premises after signing his bail bond.
Baafi had been remanded in custody for two weeks by the circuit court barely seven hours after he was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to get President J. E.A. Mills to relocate him.
However, his counsel, Mr Kwame Akuffo, filed a bail application at the High Court, on the grounds that the crime Baafi was alleged to have committed was a misdemeanour for which bail could be granted.
Counsel had also argued that the case against his client had been overblown, with the reason that the accused person’s statement was totally harmless.
The prosecution did not oppose the grant of bail to Baafi.
Subsequently, the court, presided over by Mr Justice Abdullai Iddrisu, granted Baafi bail in the sum of GH¢400 with a surety.
He is expected to reappear before the circuit court on March 3, 2010 for the substantive case to continue.
Baafi has pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
After his release around 11.40 a.m., excited supporters, family members and sympathisers carried him shoulder high and sang victorious songs.
Baafi told reporters that he had spent the night at Burma Camp under the watch of Military Policemen and not in prison custody.
He also stated that he had been treated well by the Military Police and thanked all who supported him in his turbulent moments.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and during the discussions the host raised the issue of the recent fire outbreak at the former President’s residence.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away to safety.
It further stated that Baafi admitted the offence during interrogation at the Accra Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
Friday, February 19, 2010
Radio panellist remanded
Friday, February 19, 2010 (Page 3 Lead)
THERE was chaos on the premises of the Cocoa Affairs Court when a radio panellist was whisked away by security forces after he had been remanded in prison custody for allegedly publishing false news with intent to cause alarm.
Supporters of Nana Darkwa Baafi, who was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills, did not take kindly to Baafi’s remand.
They were incensed to the extent that they hurled curses at the trial judge and the security men who whisked the accused person out of the court premises to begin serving his remand.
Some of the supporters wore New Patriotic Party (NPP) apparel and openly expressed their anger and wondered how a harmless statement of such nature could cause Baafi’s remand.
Baafi pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code but he was refused bail by the court, presided over by Mr C.A. Wilson.
He was remanded to reappear on March 3, 2010.
Counsel for the accused person, Mr Kwame Akuffo, prayed the court to admit Baafi to bail on the grounds that the accused person’s statement was totally harmless.
Reacting to the court’s remand of the accused person, counsel stated that he would appeal against the decision.
Counsel said he totally disagreed with the judge’s decision to remand his client and asked where the ingredient of harm was.
He further argued that the ingredients of offence contradicted the facts of the case.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of the former President.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
THERE was chaos on the premises of the Cocoa Affairs Court when a radio panellist was whisked away by security forces after he had been remanded in prison custody for allegedly publishing false news with intent to cause alarm.
Supporters of Nana Darkwa Baafi, who was alleged to have stated on Top Radio, a private radio station, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills, did not take kindly to Baafi’s remand.
They were incensed to the extent that they hurled curses at the trial judge and the security men who whisked the accused person out of the court premises to begin serving his remand.
Some of the supporters wore New Patriotic Party (NPP) apparel and openly expressed their anger and wondered how a harmless statement of such nature could cause Baafi’s remand.
Baafi pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code but he was refused bail by the court, presided over by Mr C.A. Wilson.
He was remanded to reappear on March 3, 2010.
Counsel for the accused person, Mr Kwame Akuffo, prayed the court to admit Baafi to bail on the grounds that the accused person’s statement was totally harmless.
Reacting to the court’s remand of the accused person, counsel stated that he would appeal against the decision.
Counsel said he totally disagreed with the judge’s decision to remand his client and asked where the ingredient of harm was.
He further argued that the ingredients of offence contradicted the facts of the case.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of the former President.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
Thursday, February 18, 2010
2 Withdraw from lawyers' trial • But counsel says it's illegal
Thursday, February 18, 2010 (Page 3 Lead)
THE trial of the two lawyers who are alleged to have forged a High Court judgement to deprive a Tarkwa-based businessman, Mr Samuel Etroo, of his gold mining concession has taken another twist, with two shareholders indicating their disinterest in the case.
Messrs Anthony Osei Ameyaw and Michael Andoh wrote letters to the Attorney-General and other authorities withdrawing the case instituted by the complainant, Mr Etroo, against the two lawyers, Kwame Asamani and E. K. Amua-Sekyi.
But Mr Etroo has challenged the action of the two, claiming that they are not shareholders in his company and have, therefore, acted illegally.
The letters from the two gentlemen, dated February 4, 2010 and copied to the Chief Justice, the Director of Public Prosecutions (DPP), the Circuit Court judge hearing the case and the prosecutor in charge of the case, sought to withdraw the case against the two on the grounds that they (the authors) were majority shareholders of Mr Etroo’s company and for that reason they had the largest interest in the Esaase Gold Concession.
The two also stated that Mr Etroo compromised himself and for that reason they were withdrawing the case to pave way for dialogue with the current holder of the concession, Keegan Resources.
However, a letter dated February 8, 2010, written on behalf of Sametro Company Limited by Mr Joe Aboagye Debrah, a legal practitioner, and addressed to the Attorney-General and other authorities, said the two individuals were neither shareholders of the company nor complainants in the case.
According to counsel, Messrs Ameyaw and Andoh had “no legal capacity or whatsoever to direct or purport to direct a halt to the criminal proceedings currently pending in Circuit Court 7, Cocoa Affairs, Accra, before Mrs Justice Bartels-Kodwo”.
The letter further stated that the offences being tried were of such nature “that even our client cannot demand an end to the said criminal trial. With respect, only the Attorney-General, under law, has the power to file a nolle prosequi in the matter which, to all intents and purposes, will be unwarranted in the circumstances”.
The accused have pleaded not guilty and have been granted bail in the sum of GH¢80,000, with two sureties each to be justified.
THE trial of the two lawyers who are alleged to have forged a High Court judgement to deprive a Tarkwa-based businessman, Mr Samuel Etroo, of his gold mining concession has taken another twist, with two shareholders indicating their disinterest in the case.
Messrs Anthony Osei Ameyaw and Michael Andoh wrote letters to the Attorney-General and other authorities withdrawing the case instituted by the complainant, Mr Etroo, against the two lawyers, Kwame Asamani and E. K. Amua-Sekyi.
But Mr Etroo has challenged the action of the two, claiming that they are not shareholders in his company and have, therefore, acted illegally.
The letters from the two gentlemen, dated February 4, 2010 and copied to the Chief Justice, the Director of Public Prosecutions (DPP), the Circuit Court judge hearing the case and the prosecutor in charge of the case, sought to withdraw the case against the two on the grounds that they (the authors) were majority shareholders of Mr Etroo’s company and for that reason they had the largest interest in the Esaase Gold Concession.
The two also stated that Mr Etroo compromised himself and for that reason they were withdrawing the case to pave way for dialogue with the current holder of the concession, Keegan Resources.
However, a letter dated February 8, 2010, written on behalf of Sametro Company Limited by Mr Joe Aboagye Debrah, a legal practitioner, and addressed to the Attorney-General and other authorities, said the two individuals were neither shareholders of the company nor complainants in the case.
According to counsel, Messrs Ameyaw and Andoh had “no legal capacity or whatsoever to direct or purport to direct a halt to the criminal proceedings currently pending in Circuit Court 7, Cocoa Affairs, Accra, before Mrs Justice Bartels-Kodwo”.
The letter further stated that the offences being tried were of such nature “that even our client cannot demand an end to the said criminal trial. With respect, only the Attorney-General, under law, has the power to file a nolle prosequi in the matter which, to all intents and purposes, will be unwarranted in the circumstances”.
The accused have pleaded not guilty and have been granted bail in the sum of GH¢80,000, with two sureties each to be justified.
Tuesday, February 16, 2010
Rokko Frimpong soldiers trial: 5 soldiers freed
Tuesday, February 16, 2010 (Page 30)
THE premises of the Osu District Magistrate’s Court was greeted with spontaneous jubilation when five soldiers who were alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, were set free.
The soldiers hugged and kissed their spouses and family members, who were on the court premises when an Assistant Superintendent of Police, Mr Patrick A. Morkeh, informed the court that the Attorney-General had filed a nolle prosequi in the case, meaning the A-G had discontinued prosecution of the soldiers.
Family members of the soldiers poured talcum powder on the freed soldiers to signify victory.
Following the prosecutor’s submissions, the trial judge, Mr Emmanuel Bart Brew Plange, accordingly discharged Sergeants Michael Arthur, Richard Somuah, Lamptey Hazel and Corporals Charles Ankumah and Emmanuel Antwi
The five were first arrested by the BNI in November 2009 and later discharged by the Human Rights Court on December 15, 2009 but were re-arrested barely 72 hours after their release from detention.
Counsel for the soldiers, Mr Joe Aboagye Debrah, described the release of the soldiers as a “welcoming relief”.
He said it was unfortunate the freedom of the soldiers was taken before their innocence could be proven and expressed the hope that the state would in future conduct more thorough investigations into criminal matters before denying persons their freedom.
Last Friday, the Office of the Attorney General said the state decided to issue a nolle prosequi in the case involving the soldiers.
According to the statement, although the Attorney General was not obliged to disclose reasons for the nolle prosequi, the state had taken into consideration the public interest the case had generated, adding that “after reviewing the two case dockets in existence over the murder of Rokko Frimpong, it has come to the conclusion that it is more justifiable to prosecute the suspects who were initially charged by the police for the murder”.
It, however, further noted that there were still questions concerning the involvement of the soldiers in the re-denomination exercise and the AG had advised the BNI to sustain its inquisition of the five soldiers, with particular reference to their role and possible involvement with regard to the re-denomination exercise, which took place in July 2007.
The court on February 4, 2010 gave the prosecution two weeks to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers were remanded to reappear on February 19, 2010, but had to be brought before the court yesterday for their formal discharge.
The facts of the case, as presented by the prosecution, were that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise, which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
THE premises of the Osu District Magistrate’s Court was greeted with spontaneous jubilation when five soldiers who were alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, were set free.
The soldiers hugged and kissed their spouses and family members, who were on the court premises when an Assistant Superintendent of Police, Mr Patrick A. Morkeh, informed the court that the Attorney-General had filed a nolle prosequi in the case, meaning the A-G had discontinued prosecution of the soldiers.
Family members of the soldiers poured talcum powder on the freed soldiers to signify victory.
Following the prosecutor’s submissions, the trial judge, Mr Emmanuel Bart Brew Plange, accordingly discharged Sergeants Michael Arthur, Richard Somuah, Lamptey Hazel and Corporals Charles Ankumah and Emmanuel Antwi
The five were first arrested by the BNI in November 2009 and later discharged by the Human Rights Court on December 15, 2009 but were re-arrested barely 72 hours after their release from detention.
Counsel for the soldiers, Mr Joe Aboagye Debrah, described the release of the soldiers as a “welcoming relief”.
He said it was unfortunate the freedom of the soldiers was taken before their innocence could be proven and expressed the hope that the state would in future conduct more thorough investigations into criminal matters before denying persons their freedom.
Last Friday, the Office of the Attorney General said the state decided to issue a nolle prosequi in the case involving the soldiers.
According to the statement, although the Attorney General was not obliged to disclose reasons for the nolle prosequi, the state had taken into consideration the public interest the case had generated, adding that “after reviewing the two case dockets in existence over the murder of Rokko Frimpong, it has come to the conclusion that it is more justifiable to prosecute the suspects who were initially charged by the police for the murder”.
It, however, further noted that there were still questions concerning the involvement of the soldiers in the re-denomination exercise and the AG had advised the BNI to sustain its inquisition of the five soldiers, with particular reference to their role and possible involvement with regard to the re-denomination exercise, which took place in July 2007.
The court on February 4, 2010 gave the prosecution two weeks to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers were remanded to reappear on February 19, 2010, but had to be brought before the court yesterday for their formal discharge.
The facts of the case, as presented by the prosecution, were that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise, which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
Two jailed 10 years each for robbery
Saturday, February 13, 2010 (Page 19)
TWO robbers who claimed to be fishermen were yesterday sentenced to 10 years’ imprisonment each with hard labour after pleading guilty to committing robbery.
Jeremiah Quarshie, 18, and Benjamin Nii Kwei Kotey, 20, admitted robbing the complainants of two cellular phones, personal effects and cash of GH¢149 at knife point.
The presiding judge, Mr C. A. Wilson, took the ages of the convicts into consideration before sentencing them.
The facts of the case were that on February 7, 2010, the complainant and her fiancé went to a beach resort for relaxation and around 4 p.m. the convicts and another now at large emerged from a nearby bush and rushed on them.
In the process, Jeremiah threatened to stab the complainant, while Benjamin violently instructed the complainant to hand over her handbag.
The complainant, out of fear, obliged and handed over her handbag to the convicts, who fled immediately they laid hands on the bag.
However, the complainant raised an alarm and a mob managed to arrest the convicts, after giving them a chase through the bush.
The complainant's items were retrieved from the convicts but the knife used in committing the robbery was not found.
According to the prosecution, the convicts, in their caution statements, claimed that they had found the complainant's bag and its contents on a canoe unattended to and, out of interest, Benjamin took it.
TWO robbers who claimed to be fishermen were yesterday sentenced to 10 years’ imprisonment each with hard labour after pleading guilty to committing robbery.
Jeremiah Quarshie, 18, and Benjamin Nii Kwei Kotey, 20, admitted robbing the complainants of two cellular phones, personal effects and cash of GH¢149 at knife point.
The presiding judge, Mr C. A. Wilson, took the ages of the convicts into consideration before sentencing them.
The facts of the case were that on February 7, 2010, the complainant and her fiancé went to a beach resort for relaxation and around 4 p.m. the convicts and another now at large emerged from a nearby bush and rushed on them.
In the process, Jeremiah threatened to stab the complainant, while Benjamin violently instructed the complainant to hand over her handbag.
The complainant, out of fear, obliged and handed over her handbag to the convicts, who fled immediately they laid hands on the bag.
However, the complainant raised an alarm and a mob managed to arrest the convicts, after giving them a chase through the bush.
The complainant's items were retrieved from the convicts but the knife used in committing the robbery was not found.
According to the prosecution, the convicts, in their caution statements, claimed that they had found the complainant's bag and its contents on a canoe unattended to and, out of interest, Benjamin took it.
Thursday, February 11, 2010
4 jailed for possessing narcotics
Thursday, February 11, 2010 (Page 38)
FOUR Americans and Nigerians have admitted to possessing cocaine and heroin, amidst pleas for mercy from the Accra Fast Track High Court which heard their case.
For saving the court’s time and energy, the four were sentenced to a total of 40 years’ imprisonment, while it ordered the destruction of the narcotics they possessed, in the presence of the police and court officials.
Each of them is to serve a minimum of 10 years’ imprisonment.
Shadrak Bamfo Ntiamoah, a 24-year-old fire officer, and Abena Serwah, a 19-year-old student, both Americans, pleaded guilty to possessing cocaine, while the two Nigerians, Benedict Onwuka and Friday Mgbanya, pleaded guilty to possessing 533 grammes of heroin and 388.53 grammes of cocaine, respectively.
A third American, Joanne Gabriel, however, pleaded not guilty to possessing narcotic drugs without lawful authority and was remanded in custody by the court, presided over Mr Justice Charles Quist.
The facts of the case were that the Americans were, on September 9, 2009, arrested at the Kotoka International Airport (KIA) on suspicion of carrying narcotic drugs.
Besides concealing the suspected drugs in the three pairs of snickers they were wearing, Abena and Joanne had stuffed their private parts with four large lump-size drugs. Joanne alone carried three of the four lump-size drugs in her private parts. Shadrack also concealed 19 pellets of the suspected drug in his underwear.
They were arrested while going through departure formalities to travel to New York. The three convicts arrived in Ghana on September 2, 2009, on the sponsorship of someone identified only as Alhaji Saibu, while one Abubakari Issaka, based in the US, was said to be the owner of the said drugs.
According to the prosecution, efforts to track down the said Alhaji and Abubakari had proved futile.
Counsel for the convicted Americans prayed the court to temper justice with mercy and sentence the two to two years’ imprisonment each but the judge reminded counsel that the law did not allow the courts to jail a drug trafficker less than 10 years.
On the part of Benedict, he was arrested by officials from the Narcotics Control Board (NACOB) at the KIA on August 11, 2009 after he had arrived from Afghanistan onboard an Emirates airline and was suspected of carrying narcotic drugs.
According to the prosecution, Benedict confessed to ingesting narcotic drugs and was placed under observation, during which he expelled 33 pellets of heroin.
Before his conviction, Benedict pleaded for mercy on the grounds that his father was dead, making him the breadwinner of the family.
Friday pleaded guilty to possessing cocaine and told the court that he did that out of frustration. He also promised the that court he would not commit that offence again.
He was arrested at the KIA on June 11, 2010 by NACOB officials after he had disembarked from an Emirates airline en route to Abidjan.
During interrogation, the convict denied carrying narcotic drugs but his urine tested positive for narcotic drugs, prompting NACOB officials to take him for an X-ray.
The X-ray proved he was carrying foreign materials in his stomach and within 48 hours he expelled 27 pellets of substances suspected to be cocaine.
According to Friday, someone he only named as Jerry gave him the drugs to be delivered in Abidjan for a fee of $1,500.
All sentences are to take effect from the day each of the convicts was arrested.
FOUR Americans and Nigerians have admitted to possessing cocaine and heroin, amidst pleas for mercy from the Accra Fast Track High Court which heard their case.
For saving the court’s time and energy, the four were sentenced to a total of 40 years’ imprisonment, while it ordered the destruction of the narcotics they possessed, in the presence of the police and court officials.
Each of them is to serve a minimum of 10 years’ imprisonment.
Shadrak Bamfo Ntiamoah, a 24-year-old fire officer, and Abena Serwah, a 19-year-old student, both Americans, pleaded guilty to possessing cocaine, while the two Nigerians, Benedict Onwuka and Friday Mgbanya, pleaded guilty to possessing 533 grammes of heroin and 388.53 grammes of cocaine, respectively.
A third American, Joanne Gabriel, however, pleaded not guilty to possessing narcotic drugs without lawful authority and was remanded in custody by the court, presided over Mr Justice Charles Quist.
The facts of the case were that the Americans were, on September 9, 2009, arrested at the Kotoka International Airport (KIA) on suspicion of carrying narcotic drugs.
Besides concealing the suspected drugs in the three pairs of snickers they were wearing, Abena and Joanne had stuffed their private parts with four large lump-size drugs. Joanne alone carried three of the four lump-size drugs in her private parts. Shadrack also concealed 19 pellets of the suspected drug in his underwear.
They were arrested while going through departure formalities to travel to New York. The three convicts arrived in Ghana on September 2, 2009, on the sponsorship of someone identified only as Alhaji Saibu, while one Abubakari Issaka, based in the US, was said to be the owner of the said drugs.
According to the prosecution, efforts to track down the said Alhaji and Abubakari had proved futile.
Counsel for the convicted Americans prayed the court to temper justice with mercy and sentence the two to two years’ imprisonment each but the judge reminded counsel that the law did not allow the courts to jail a drug trafficker less than 10 years.
On the part of Benedict, he was arrested by officials from the Narcotics Control Board (NACOB) at the KIA on August 11, 2009 after he had arrived from Afghanistan onboard an Emirates airline and was suspected of carrying narcotic drugs.
According to the prosecution, Benedict confessed to ingesting narcotic drugs and was placed under observation, during which he expelled 33 pellets of heroin.
Before his conviction, Benedict pleaded for mercy on the grounds that his father was dead, making him the breadwinner of the family.
Friday pleaded guilty to possessing cocaine and told the court that he did that out of frustration. He also promised the that court he would not commit that offence again.
He was arrested at the KIA on June 11, 2010 by NACOB officials after he had disembarked from an Emirates airline en route to Abidjan.
During interrogation, the convict denied carrying narcotic drugs but his urine tested positive for narcotic drugs, prompting NACOB officials to take him for an X-ray.
The X-ray proved he was carrying foreign materials in his stomach and within 48 hours he expelled 27 pellets of substances suspected to be cocaine.
According to Friday, someone he only named as Jerry gave him the drugs to be delivered in Abidjan for a fee of $1,500.
All sentences are to take effect from the day each of the convicts was arrested.
Bawku MP's defence deferred
Thursday, February 11, 2010 (Page 3 Lead)
THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, could not open his defence yesterday because his lawyers could not have access to the record of proceedings in the case on time.
Counsel for the MP, Mr Egbert Faibille, told the court that he received the last chunk of the record of proceedings yesterday morning and for that reason he would need a week to go through them with the MP before the MP opened his defence.
Asked what her views were, the acting Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to use its discretion.
Subsequently, the trial judge, Mr Justice Charles Quist, adjourned the case to February 19, 2010.
On February 2, 2010, the State announced that it had closed its case after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
He pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, could not open his defence yesterday because his lawyers could not have access to the record of proceedings in the case on time.
Counsel for the MP, Mr Egbert Faibille, told the court that he received the last chunk of the record of proceedings yesterday morning and for that reason he would need a week to go through them with the MP before the MP opened his defence.
Asked what her views were, the acting Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to use its discretion.
Subsequently, the trial judge, Mr Justice Charles Quist, adjourned the case to February 19, 2010.
On February 2, 2010, the State announced that it had closed its case after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as an MP.
He pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
Tuesday, February 9, 2010
Plea of soldiers thrown out • In trial of Mobilla's alleged killers
Tuesday, February 9, 2010 (Page 3 Lead)
THE Court of Appeal yesterday declined to stay proceedings in the criminal case involving two soldiers who are standing trial at the Fast Track High Court for allegedly murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla.
The soldiers — Corporal Yaw Appiah and Private Eric Modzaka — appealed against the Fast Track High Court’s refusal to allow them to have access to the full list of the potential jurors who would be selected to decide their fate.
They also filed an additional motion for stay of proceedings in the criminal trial instituted against them by the state pending the outcome of the appeal.
However, the Court of Appeal, presided over by Mr Justice R. K. Apaloo with Mr Justice S. K. Marful-Sau and K. A. Acquaye, unanimously held that they did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the applicants were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
It, therefore, held that the motion was without merit.
The court gave its ruling after Mr Thaddeus Sory and a Chief State Attorney, Mr Edward Agyemang-Duodu, had argued for the applicants and the state respectively.
Mr Sory had told the court that his clients would suffer irreparable loss if the court did not grant the application.
He said his clients’ rights would be infringed upon if the court did not stay proceedings in the court below and a biased juror was empanelled to decide their fate in the long run.
Opposing the application, Mr Agyemang-Duodu argued that the soldiers’ application was without merit and ought to be dismissed because the soldiers had not exhibited the exceptional circumstance for which their motion should be granted.
He said the soldiers had not exhibited any statutory provision under which they had the right to be given the list of potential jurors.
The court, after hearing the arguments from both sides, wrote its ruling and delivered it some few minutes later.
The soldiers were present in court.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased had been sent to hospital dead and that he had died from multiple wounds.
THE Court of Appeal yesterday declined to stay proceedings in the criminal case involving two soldiers who are standing trial at the Fast Track High Court for allegedly murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla.
The soldiers — Corporal Yaw Appiah and Private Eric Modzaka — appealed against the Fast Track High Court’s refusal to allow them to have access to the full list of the potential jurors who would be selected to decide their fate.
They also filed an additional motion for stay of proceedings in the criminal trial instituted against them by the state pending the outcome of the appeal.
However, the Court of Appeal, presided over by Mr Justice R. K. Apaloo with Mr Justice S. K. Marful-Sau and K. A. Acquaye, unanimously held that they did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the applicants were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
It, therefore, held that the motion was without merit.
The court gave its ruling after Mr Thaddeus Sory and a Chief State Attorney, Mr Edward Agyemang-Duodu, had argued for the applicants and the state respectively.
Mr Sory had told the court that his clients would suffer irreparable loss if the court did not grant the application.
He said his clients’ rights would be infringed upon if the court did not stay proceedings in the court below and a biased juror was empanelled to decide their fate in the long run.
Opposing the application, Mr Agyemang-Duodu argued that the soldiers’ application was without merit and ought to be dismissed because the soldiers had not exhibited the exceptional circumstance for which their motion should be granted.
He said the soldiers had not exhibited any statutory provision under which they had the right to be given the list of potential jurors.
The court, after hearing the arguments from both sides, wrote its ruling and delivered it some few minutes later.
The soldiers were present in court.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased had been sent to hospital dead and that he had died from multiple wounds.
Court throws out contempt case against A-G
Sasturday, February 6, 2010 (Page 3 Lead)
THE Commercial Court in Accra on February 5, 2010 dismissed a contempt action instituted against the Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, and two others by the Greater Accra Regional Chairman of the New Patriotic Party (NPP), Mr Sammy Crabbe.
The applicant had prayed the court to cite the Attorney-General, the acting Chief Executive of the Ghana International Airlines (GIA), Ms Gifty Anna Myers, and the GIA as an entity for contempt for appointing Ms Myers as acting Chief Executive when a suit he had filed against the government over his shares in the airline some time in 2006 was still pending.
Citing authorities to buttress its decision, the Commercial Court, presided over by Mr Justice Amadu Tanko, was of the view that Mr Crabbe failed to prove beyond reasonable doubt that the three had committed contempt of court.
The court was of the view that contempt applications were quasi criminal and for that reason it was important for the applicant to prove beyond reasonable doubt the guilt of the respondents.
The judge was of the view that after carefully studying Mr Crabbe's application, there was no specific act for which the Attorney-General or the other respondents must be held responsible.
Mr Justice Tanko said the Attorney-General was a legal adviser to the state and for that reason the applicant could not say she should directly be held liable for an action committed by a minister of state some time in 2006.
The court, accordingly, dismissed the contempt action.
Mr Crabbe's substantive suit against the government over shareholding dispute is still pending in the court.
Mr Crabbe, who was once the Vice-President of the GIA and minority shareholder of GIA, USA, has also sued the government over the 30 per cent shares at the International Court of Justice but the government has denied any wrongdoing.
He is currently being investigated by the Bureau of National Investigations (BNI) over his role in the sale of part of government shares in the airline but he filed a writ at the Human Rights Court praying the court to order the BNI to allow his lawyers to be present during questioning.
THE Commercial Court in Accra on February 5, 2010 dismissed a contempt action instituted against the Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, and two others by the Greater Accra Regional Chairman of the New Patriotic Party (NPP), Mr Sammy Crabbe.
The applicant had prayed the court to cite the Attorney-General, the acting Chief Executive of the Ghana International Airlines (GIA), Ms Gifty Anna Myers, and the GIA as an entity for contempt for appointing Ms Myers as acting Chief Executive when a suit he had filed against the government over his shares in the airline some time in 2006 was still pending.
Citing authorities to buttress its decision, the Commercial Court, presided over by Mr Justice Amadu Tanko, was of the view that Mr Crabbe failed to prove beyond reasonable doubt that the three had committed contempt of court.
The court was of the view that contempt applications were quasi criminal and for that reason it was important for the applicant to prove beyond reasonable doubt the guilt of the respondents.
The judge was of the view that after carefully studying Mr Crabbe's application, there was no specific act for which the Attorney-General or the other respondents must be held responsible.
Mr Justice Tanko said the Attorney-General was a legal adviser to the state and for that reason the applicant could not say she should directly be held liable for an action committed by a minister of state some time in 2006.
The court, accordingly, dismissed the contempt action.
Mr Crabbe's substantive suit against the government over shareholding dispute is still pending in the court.
Mr Crabbe, who was once the Vice-President of the GIA and minority shareholder of GIA, USA, has also sued the government over the 30 per cent shares at the International Court of Justice but the government has denied any wrongdoing.
He is currently being investigated by the Bureau of National Investigations (BNI) over his role in the sale of part of government shares in the airline but he filed a writ at the Human Rights Court praying the court to order the BNI to allow his lawyers to be present during questioning.
Monday, February 8, 2010
Last chance for proesecutors • To produce evidence on Rokko's killers
Friday, February 5, 2010 (Page 3 Lead)
THE prosecution in the case involving five soldiers alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, has been given two weeks by the Osu District Magistrate Court to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence.
It gave the order after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have been accused of murdering Mr Frimpong, who the prosecution claimed was deeply involved in the re-denomination exercise three years ago.
They have, accordingly, been charged with two counts of conspiracy and murder but their pleas have not been taken.
The court, after giving the deadline to the prosecution, once again remanded the soldiers to reappear on February 22, 2010.
At the court’s sitting yesterday, an Assistant Superintendent of Police, Mr Patrick A. Morkeh, prayed the court to adjourn the case because results from forensic examination on the bullet that was used to kill Mr Frimpong were not ready.
Counsel for the soldiers, Mr Joe Aboagye Debrah, did not take kindly to that and stated that it was untenable for the prosecution to come up with such a story more than two years after Mr Frimpong’s death.
He argued that it was public knowledge that a docket on the same matter and involving different persons was currently in court for prosecution and pointed out that the prosecution was committing perjury by showing disrespect to the court by deliberately delaying the prosecution of the case.
He said Article 14 (4) of the 1992 Constitution gave the court the power to release the accused persons unconditionally or with reasonable condition but the action of the prosecution was making it impossible for justice to prevail.
Mr Debrah added that the precedent being set by the prosecution was dangerous for the country’s criminal justice system.
On January 22, 2010, ASP Morkeh told the court that the bullet used in killing Mr Frimpong had been forwarded to the Police Forensic Laboratory for examination and for that reason the prosecution needed an adjournment.
His plea prompted the presiding judge, Mr Emmanuel Bart Brew Plange, to direct the prosecution to furnish the court with the bill of indictment, the summary of evidence and the results of the forensic laboratory examination on February 4, 2010.
The facts of the case, as presented by the prosecution, are that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
THE prosecution in the case involving five soldiers alleged to have killed the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, has been given two weeks by the Osu District Magistrate Court to furnish it with particulars of the case.
The court specifically gave the prosecution the “last chance” to furnish it with the bill of indictment and summary of evidence.
It gave the order after defence counsel had vehemently opposed a plea from the prosecution for an adjournment to enable it to receive results on forensic examination conducted on the bullet used to kill Mr Frimpong.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have been accused of murdering Mr Frimpong, who the prosecution claimed was deeply involved in the re-denomination exercise three years ago.
They have, accordingly, been charged with two counts of conspiracy and murder but their pleas have not been taken.
The court, after giving the deadline to the prosecution, once again remanded the soldiers to reappear on February 22, 2010.
At the court’s sitting yesterday, an Assistant Superintendent of Police, Mr Patrick A. Morkeh, prayed the court to adjourn the case because results from forensic examination on the bullet that was used to kill Mr Frimpong were not ready.
Counsel for the soldiers, Mr Joe Aboagye Debrah, did not take kindly to that and stated that it was untenable for the prosecution to come up with such a story more than two years after Mr Frimpong’s death.
He argued that it was public knowledge that a docket on the same matter and involving different persons was currently in court for prosecution and pointed out that the prosecution was committing perjury by showing disrespect to the court by deliberately delaying the prosecution of the case.
He said Article 14 (4) of the 1992 Constitution gave the court the power to release the accused persons unconditionally or with reasonable condition but the action of the prosecution was making it impossible for justice to prevail.
Mr Debrah added that the precedent being set by the prosecution was dangerous for the country’s criminal justice system.
On January 22, 2010, ASP Morkeh told the court that the bullet used in killing Mr Frimpong had been forwarded to the Police Forensic Laboratory for examination and for that reason the prosecution needed an adjournment.
His plea prompted the presiding judge, Mr Emmanuel Bart Brew Plange, to direct the prosecution to furnish the court with the bill of indictment, the summary of evidence and the results of the forensic laboratory examination on February 4, 2010.
The facts of the case, as presented by the prosecution, are that the soldiers, who were picked up in November 2009, were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove their innocence in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
Thursday, February 4, 2010
Passports of Asamoah-Boateng, wife restored
Thursday, February 4, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday withdrew its order which directed that the passports of a former Minister of Information, Mr Stephen Asamoah-Boateng, and his wife, Zuleika, be confiscated.
It, however, directed the two, who are standing trial with seven others over GH¢86,915.85 renovation works at the ministry, to inform the court anytime they decided to travel out of the jurisdiction.
At the court's sitting in Accra yesterday, the court, presided over by Mr Justice Charles Quist, rescinded its decision when counsel for the couple, Nene Amegacher, asked it to review the October 2009 decision which directed that Asabee’s and his wife’s passports be seized.
Nene Amegacher had prayed the court to review its decision, especially when the court had given his clients the chance to apply for their passports to be returned after two months of the order, but a Chief State Attorney, Mr Anthony Gyambiby, opposed the application on the grounds that the rights of persons standing trial were limited, according to law.
Upholding Nene Amegacher’s submissions, Mr Justice Quist said it had been four months since he gave the order and for that reason he would withdraw his earlier order for the confiscation of the passports of the two.
Mr Asamoah-Boateng and his wife are standing trial with a former Deputy Information Minister, Mr Frank Agyekum; Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, who was absent at the first sitting, was charged with only conspiracy to commit crime after which she was granted a GH¢10,000 with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document and forgery and possession of false document, while Denkyira also faces only a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Later at the court’s sitting, the outgoing Minister of Information, Mrs Zita Okaikoi, told the court, during cross- examination from Mr Atta Akyea, counsel for Denkyira, that the accused arranged an oral meeting with some of the other accused persons which led to the award of the contract to the company.
She insisted that she did the right thing by exposing irregularities in the award of the contract which could have cost the state GH¢30,000.
Answering questions under cross-examination from counsel for Sampong, Mr Augustine Obour, Mrs Okaikoi said Sampong apologised for signing for the payment of the contract and stated that she would submit a recording of the apology to the court on the next adjourned date.
She also promised to furnish the court with the exact amount which could have been lost by the state on the next adjourned date.
Hearing continues on February 11, 2010.
THE Accra Fast Track High Court yesterday withdrew its order which directed that the passports of a former Minister of Information, Mr Stephen Asamoah-Boateng, and his wife, Zuleika, be confiscated.
It, however, directed the two, who are standing trial with seven others over GH¢86,915.85 renovation works at the ministry, to inform the court anytime they decided to travel out of the jurisdiction.
At the court's sitting in Accra yesterday, the court, presided over by Mr Justice Charles Quist, rescinded its decision when counsel for the couple, Nene Amegacher, asked it to review the October 2009 decision which directed that Asabee’s and his wife’s passports be seized.
Nene Amegacher had prayed the court to review its decision, especially when the court had given his clients the chance to apply for their passports to be returned after two months of the order, but a Chief State Attorney, Mr Anthony Gyambiby, opposed the application on the grounds that the rights of persons standing trial were limited, according to law.
Upholding Nene Amegacher’s submissions, Mr Justice Quist said it had been four months since he gave the order and for that reason he would withdraw his earlier order for the confiscation of the passports of the two.
Mr Asamoah-Boateng and his wife are standing trial with a former Deputy Information Minister, Mr Frank Agyekum; Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, who was absent at the first sitting, was charged with only conspiracy to commit crime after which she was granted a GH¢10,000 with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document and forgery and possession of false document, while Denkyira also faces only a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Later at the court’s sitting, the outgoing Minister of Information, Mrs Zita Okaikoi, told the court, during cross- examination from Mr Atta Akyea, counsel for Denkyira, that the accused arranged an oral meeting with some of the other accused persons which led to the award of the contract to the company.
She insisted that she did the right thing by exposing irregularities in the award of the contract which could have cost the state GH¢30,000.
Answering questions under cross-examination from counsel for Sampong, Mr Augustine Obour, Mrs Okaikoi said Sampong apologised for signing for the payment of the contract and stated that she would submit a recording of the apology to the court on the next adjourned date.
She also promised to furnish the court with the exact amount which could have been lost by the state on the next adjourned date.
Hearing continues on February 11, 2010.
Wednesday, February 3, 2010
Bawku Central MP to open defence February 10
Wednesday, February 3, 2010 (Page 3 Lead)
THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, will, on February 10, 2010, open his defence.
The date was fixed after a Principal State Attorney, Mr Rexford Anthony Wiredu, told the Accra Fast Track High Court that the prosecution had closed its case.
Mr Wiredu made the announcement after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial and stated that investigations revealed that the MP was a British national as of July 30, 2009.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The investigator had, in his evidence-in-chief, informed the court that he wrote to the British High Commission to verify whether or not Sakande was the holder of a particular British passport number after the matter had been referred to him for investigation.
He said the letter was dated July 20, 2009 and a response letter from the British High Commission dated July 30, 2009 confirmed that Sakande was the holder of that passport number, meaning he was a British national.
During cross-examination from counsel for the MP, Mr Egbert Faibille, the investigator told the court that the British High Commission did not provide any other information on the MP.
Mr Mawusi told the court that he had not set eyes on the MP’s passport before and further explained that he had not visited Bawku during investigations.
He also stated that he was not aware if the MP was still in possession of the said British passport or whether or not the MP had renounced his British citizenship.
The witness further stated that he was also not aware if the MP held a Ghanaian passport.
He said the accused person never honoured invitations from the police during investigations and further pointed out that he had never spoken to the accused person.
He denied an assertion from defence counsel that he had no idea about the case.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with the MP that the MP told him that he (the MP) was a native of Bawku, as well as a British national.
THE Member of Parliament for Bawku Central, Adamu Daramani Sakande, who is accused of holding dual citizenship, will, on February 10, 2010, open his defence.
The date was fixed after a Principal State Attorney, Mr Rexford Anthony Wiredu, told the Accra Fast Track High Court that the prosecution had closed its case.
Mr Wiredu made the announcement after the investigator in the case, Deputy Superintendent of Police Felix Mawusi, had testified in the trial and stated that investigations revealed that the MP was a British national as of July 30, 2009.
The MP was, on July 31, last year, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
The investigator had, in his evidence-in-chief, informed the court that he wrote to the British High Commission to verify whether or not Sakande was the holder of a particular British passport number after the matter had been referred to him for investigation.
He said the letter was dated July 20, 2009 and a response letter from the British High Commission dated July 30, 2009 confirmed that Sakande was the holder of that passport number, meaning he was a British national.
During cross-examination from counsel for the MP, Mr Egbert Faibille, the investigator told the court that the British High Commission did not provide any other information on the MP.
Mr Mawusi told the court that he had not set eyes on the MP’s passport before and further explained that he had not visited Bawku during investigations.
He also stated that he was not aware if the MP was still in possession of the said British passport or whether or not the MP had renounced his British citizenship.
The witness further stated that he was also not aware if the MP held a Ghanaian passport.
He said the accused person never honoured invitations from the police during investigations and further pointed out that he had never spoken to the accused person.
He denied an assertion from defence counsel that he had no idea about the case.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with the MP that the MP told him that he (the MP) was a native of Bawku, as well as a British national.
Court gives two 30 days to resolve differences
Wednesday, February 3, 2010 (Page 31)
THE Industrial and Labour Division of the Fast Track High Court yesterday gave parties in a suit instituted by a former employee of Nestle Central and West Africa for wrongful termination of employment 30 days to resolve their differences.
The court also directed that counsel for both parties must actively participate in the settlement process and duly inform the court about the outcome of the settlement.
Mr Philip Anane, a former Corporate Communications and Public Affairs Manager of Nestle Central and West Africa, dragged his employers to court for wrongfully terminating his employment.
He also accused the regional/market head under the Nestle Performance Evaluation who terminated his appointment of “racism and intolerance” and in “contravention of Nestle’s own Human Resource Policy and Corporate Business Principles”.
He is, therefore, seeking general and special damages for the wrongful and unfair termination of his contract, as well as “consequential losses arising, including injury to reputation, loss of expectation and diminution of future prospects of employment”.
However, Nestle Central and West Africa Limited has denied any wrongdoing and accused the plaintiff of recurrent under-performance and has since filed a counter motion praying the court to order the plaintiff to vacate the company’s rented property, pay accumulated rent on the property, as well as hand over its vehicle.
At the court’s sitting in Accra yesterday, the trial judge consolidated the counter motion to the main suit filed by Mr Anane and directed parties in the matter to settle their differences.
The court will move to hear the matter on its merit and give its final judgement if parties are not able to come to an agreement.
In the substantive suit, Mr Anane is praying the court to order the defendant to pay him lump compensation, remuneration for each year of service, payment in lieu of notice, settlement of all outstanding benefits, bonuses, allowances, leave of vacation, accrued management bonus scheme, among others.
The plaintiff is also praying the court to order the defendant to pay his benefits at the prevailing commercial bank rate, as well as costs and other reliefs the court may deem fit.
A statement of claim accompanying the writ of summons filed on behalf of the plaintiff by his lawyer, Mr Peter Zwennes, stated, among others, that Mr Anane, who is a Swiss/Ghanaian, was employed by the defendant on April 1, 2007 as an expatriate.
It said prior to his employment, Mr Anane had worked with reputable companies in Switzerland and during his tenure with the defendant company he performed his duties with diligence and dedication, adding that in the first year of service, the then Regional/Market Head under the Nestle Performance Evaluation, Mr Friedrich Mahler, assessed Anane’s performance as “Masters”, translated into “very satisfactory performance”.
According to the statement of claim, he never received any query between February 2008 when Mr Etienne Benet took over from Mr Mahler, to March 16, 2009, being the date his contract was terminated.
The plaintiff further stated that the termination of his appointment was wrongful, arbitrary, unfair and without any regard for due process, adding that the allegations of recurrent under-performance were unjustified and without any basis.
“Plaintiff further avers that defendants’ wrongful decision to terminate his contract of employment and the reasons assigned for the said termination have not only damaged and/or reduced his prospects of any future employment but also caused him great embarrassment, mental distress and injury to his reputation,” the statement of claim pointed out.
However, Nestle has denied the plaintiff’s assertion in its statement of defence and pointed out that it is untrue that Mr Mahler had assessed Mr Anane’s performance and classified it as “Masters”.
“The defendant avers that in the year 2008, the defendant noticed that the plaintiff's performance was falling below expectation and, as a result, Etienne Benet, the Head of Region of the defendant company, discussed it with the plaintiff,” it said, adding that “the plaintiff’s abysmal performance throughout 2008 is reflected in the Progress and Development Guide of the plaintiff covering the period January to December 2008”.
Nestle further denied the plaintiff’s assertion of racism against Mr Benet, challenged him to prove it and justified the termination of the plaintiff’s contract.
The company further argued that the plaintiff had no cause of action against it and was not entitled to any of the reliefs being sought.
THE Industrial and Labour Division of the Fast Track High Court yesterday gave parties in a suit instituted by a former employee of Nestle Central and West Africa for wrongful termination of employment 30 days to resolve their differences.
The court also directed that counsel for both parties must actively participate in the settlement process and duly inform the court about the outcome of the settlement.
Mr Philip Anane, a former Corporate Communications and Public Affairs Manager of Nestle Central and West Africa, dragged his employers to court for wrongfully terminating his employment.
He also accused the regional/market head under the Nestle Performance Evaluation who terminated his appointment of “racism and intolerance” and in “contravention of Nestle’s own Human Resource Policy and Corporate Business Principles”.
He is, therefore, seeking general and special damages for the wrongful and unfair termination of his contract, as well as “consequential losses arising, including injury to reputation, loss of expectation and diminution of future prospects of employment”.
However, Nestle Central and West Africa Limited has denied any wrongdoing and accused the plaintiff of recurrent under-performance and has since filed a counter motion praying the court to order the plaintiff to vacate the company’s rented property, pay accumulated rent on the property, as well as hand over its vehicle.
At the court’s sitting in Accra yesterday, the trial judge consolidated the counter motion to the main suit filed by Mr Anane and directed parties in the matter to settle their differences.
The court will move to hear the matter on its merit and give its final judgement if parties are not able to come to an agreement.
In the substantive suit, Mr Anane is praying the court to order the defendant to pay him lump compensation, remuneration for each year of service, payment in lieu of notice, settlement of all outstanding benefits, bonuses, allowances, leave of vacation, accrued management bonus scheme, among others.
The plaintiff is also praying the court to order the defendant to pay his benefits at the prevailing commercial bank rate, as well as costs and other reliefs the court may deem fit.
A statement of claim accompanying the writ of summons filed on behalf of the plaintiff by his lawyer, Mr Peter Zwennes, stated, among others, that Mr Anane, who is a Swiss/Ghanaian, was employed by the defendant on April 1, 2007 as an expatriate.
It said prior to his employment, Mr Anane had worked with reputable companies in Switzerland and during his tenure with the defendant company he performed his duties with diligence and dedication, adding that in the first year of service, the then Regional/Market Head under the Nestle Performance Evaluation, Mr Friedrich Mahler, assessed Anane’s performance as “Masters”, translated into “very satisfactory performance”.
According to the statement of claim, he never received any query between February 2008 when Mr Etienne Benet took over from Mr Mahler, to March 16, 2009, being the date his contract was terminated.
The plaintiff further stated that the termination of his appointment was wrongful, arbitrary, unfair and without any regard for due process, adding that the allegations of recurrent under-performance were unjustified and without any basis.
“Plaintiff further avers that defendants’ wrongful decision to terminate his contract of employment and the reasons assigned for the said termination have not only damaged and/or reduced his prospects of any future employment but also caused him great embarrassment, mental distress and injury to his reputation,” the statement of claim pointed out.
However, Nestle has denied the plaintiff’s assertion in its statement of defence and pointed out that it is untrue that Mr Mahler had assessed Mr Anane’s performance and classified it as “Masters”.
“The defendant avers that in the year 2008, the defendant noticed that the plaintiff's performance was falling below expectation and, as a result, Etienne Benet, the Head of Region of the defendant company, discussed it with the plaintiff,” it said, adding that “the plaintiff’s abysmal performance throughout 2008 is reflected in the Progress and Development Guide of the plaintiff covering the period January to December 2008”.
Nestle further denied the plaintiff’s assertion of racism against Mr Benet, challenged him to prove it and justified the termination of the plaintiff’s contract.
The company further argued that the plaintiff had no cause of action against it and was not entitled to any of the reliefs being sought.
Tuesday, February 2, 2010
Sima used yam as decoy - NACOB officer
February 2, 2010 (Centre Spread)
AN officer of the Narcotics Control Board (NACOB) yesterday told the Fast Track High Court that Ibrahim Sima, the Chief Executive of Exopa Modelling Agency, used a tuber of yam and a loaf of bread as decoys to cover up the narcotics drugs in his possession.
According to the narcotics officer, Sima put the loaf of bread and the tuber of yam which did not contain narcotic drugs in his hand luggage to outwit security officials.
Sima, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 after security officials had found three tubers of yam containing cocaine in his baggage while going through departure formalities for a trip to Germany. He is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
Answering questions under cross-examination from counsel for Sima, Mr James Agalga, the witness told the court that Sima’s ploy did not work because the tubers of yam were eventually recovered from the accused person’s baggage.
Asked whether or not he (witness) was aware that Sima had undergone checks from officials of the Customs, Excise and Preventive Service (CEPS), the witness said he was not aware and further stated that he could not hold brief for the CEPS officials.
Hearing continues on February 11, 2010.
The facts of the case are that Sima was arrested after NACOB officials had found that three out of four tubers of yam in his baggage had been cut open and re-sealed.
The three tubers of yam were found to contain cocaine, a narcotic drug.
AN officer of the Narcotics Control Board (NACOB) yesterday told the Fast Track High Court that Ibrahim Sima, the Chief Executive of Exopa Modelling Agency, used a tuber of yam and a loaf of bread as decoys to cover up the narcotics drugs in his possession.
According to the narcotics officer, Sima put the loaf of bread and the tuber of yam which did not contain narcotic drugs in his hand luggage to outwit security officials.
Sima, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 after security officials had found three tubers of yam containing cocaine in his baggage while going through departure formalities for a trip to Germany. He is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
Answering questions under cross-examination from counsel for Sima, Mr James Agalga, the witness told the court that Sima’s ploy did not work because the tubers of yam were eventually recovered from the accused person’s baggage.
Asked whether or not he (witness) was aware that Sima had undergone checks from officials of the Customs, Excise and Preventive Service (CEPS), the witness said he was not aware and further stated that he could not hold brief for the CEPS officials.
Hearing continues on February 11, 2010.
The facts of the case are that Sima was arrested after NACOB officials had found that three out of four tubers of yam in his baggage had been cut open and re-sealed.
The three tubers of yam were found to contain cocaine, a narcotic drug.
Four Nigerians jailed 320 years for robbery
February 2, 2010 (Front Page)
THE Accra Fast Track High Court yesterday sentenced four Nigerians to a total of 360 years for robbery.
They are to serve 80 years each with hard labour after they were each found guilty and convicted on two counts of conspiracy and robbery.
Heavily armed Emmanuel Emeka, 38; Samuel Tanko, 28; Promise Emeka, 27, and Efanye Osuchukwu, 33, around 1 a.m. on February 25, 2006 forcibly entered the residence of an Accra-based legal practitioner, inflicted deep machete wounds on her and her brother and robbed them of valuable items.
The items included a Konica camera, two mobile phones, jewellery, a handbag containing valuable documents, including a drivers’ licence and cash of GH¢150.
Not satisfied with their booty, the convicts, who were armed with a pump action gun with several pouches of ammunition, two locally manufactured pistols, a dagger, machetes and a metal cutter, subjected their victims to severe brutality.
The convicts, who had terrorised more than 50 households at West Legon, Haatso, Kwabenya and Agbogba, all suburbs of Accra, were picked up by the police from their hideout on April 28, 2006.
Citing authorities to buttress the court’s decision, the trial judge, Mr Justice Charles Quist, held that the prosecution had proved the guilt of the four convicts beyond reasonable doubt.
He said robbery was a menace to society and for that reason the court would impose harsh sentences on the convicts to serve as a deterrent.
The court held that the three prosecution witnesses had been consistent in their evidence and there had been abundant proof that the four committed the offence at the residence of the complainant on February 25, 2006.
It said the convicts woefully failed in their bid to defend themselves and rather ended up admitting the offence during cross-examination from the prosecution.
The four had, during cross-examination from a State Attorney, Mr Paul Assibi Abariga, stated that they usually buried the weapons they used for their robberies on a farm at Kwabenya and later picked them up anytime they had an operation to embark upon.
After considering the totality of the evidence adduced, the court, however, acquitted and discharged Chiyioka Joseph, 30, a fifth accused person.
It held that the prosecution failed to prove a case beyond reasonable doubt against Joseph and, accordingly, granted Joseph his freedom after four years in custody.
THE Accra Fast Track High Court yesterday sentenced four Nigerians to a total of 360 years for robbery.
They are to serve 80 years each with hard labour after they were each found guilty and convicted on two counts of conspiracy and robbery.
Heavily armed Emmanuel Emeka, 38; Samuel Tanko, 28; Promise Emeka, 27, and Efanye Osuchukwu, 33, around 1 a.m. on February 25, 2006 forcibly entered the residence of an Accra-based legal practitioner, inflicted deep machete wounds on her and her brother and robbed them of valuable items.
The items included a Konica camera, two mobile phones, jewellery, a handbag containing valuable documents, including a drivers’ licence and cash of GH¢150.
Not satisfied with their booty, the convicts, who were armed with a pump action gun with several pouches of ammunition, two locally manufactured pistols, a dagger, machetes and a metal cutter, subjected their victims to severe brutality.
The convicts, who had terrorised more than 50 households at West Legon, Haatso, Kwabenya and Agbogba, all suburbs of Accra, were picked up by the police from their hideout on April 28, 2006.
Citing authorities to buttress the court’s decision, the trial judge, Mr Justice Charles Quist, held that the prosecution had proved the guilt of the four convicts beyond reasonable doubt.
He said robbery was a menace to society and for that reason the court would impose harsh sentences on the convicts to serve as a deterrent.
The court held that the three prosecution witnesses had been consistent in their evidence and there had been abundant proof that the four committed the offence at the residence of the complainant on February 25, 2006.
It said the convicts woefully failed in their bid to defend themselves and rather ended up admitting the offence during cross-examination from the prosecution.
The four had, during cross-examination from a State Attorney, Mr Paul Assibi Abariga, stated that they usually buried the weapons they used for their robberies on a farm at Kwabenya and later picked them up anytime they had an operation to embark upon.
After considering the totality of the evidence adduced, the court, however, acquitted and discharged Chiyioka Joseph, 30, a fifth accused person.
It held that the prosecution failed to prove a case beyond reasonable doubt against Joseph and, accordingly, granted Joseph his freedom after four years in custody.
Thursday, January 28, 2010
Pastor's killers jailed 20 years each
Thursday, January 28, 2010 (Front Page)
FOUR robbers who confessed to committing a string of robberies in Accra, leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy, were yesterday sentenced to 20 years’ imprisonment each with hard labour.
The four — Yaw Asamoah, Kofi Yeboah, Ebo Kwabena and Osei Prempeh — pleaded guilty to two counts of conspiracy and robbery and were, accordingly, sentenced to serve 20 years each on each count.
The sentences are to run concurrently.
They are standing trial in another court for the murder of Rev Addy.
Prior to their sentencing, the four, who are already serving a 17-year sentence imposed on them by another court, had admitted committing robberies in two different households in November and December 2009, in the course of which they made away with a pump action gun, a box full of cartridges, a car key, cellular phones, a laptop, GH¢70 and other valuable items running into thousands of cedis.
They later used the pump action gun they had forcibly taken from a banker’s house to kill Rev Addy, 26, who had travelled to Accra with his pregnant wife to attend a colleague’s wedding.
Ebo Kwabena was sentenced to an additional 20 years’ imprisonment with hard labour after he had admitted robbing a household at Dokuna, a suburb of Accra, of five cellular phones and GH¢1,700 and shot a young man in the leg.
Kwabena, who spoke Twi, said he had offended God, Ghanaians and the justice system and was, accordingly, pleading with the court not to hand him a harsh sentence.
According to Kwabena, who spoke amid sobs, he was already facing a 17-year sentence and was about to face additional charges at the High Court and for that reason the court should have mercy on him.
The court, presided over by Mrs Patience Mills-Tetteh, sentenced him to 20 years’ imprisonment with hard labour and further ordered that the pump action gun which was forcibly taken away from a banker by the robbers be returned to the banker.
It gave the order after it had satisfied itself with the fact that the banker had registered his gun.
However, the three others claimed they had not been present during the Donkuna robbery and the court adjourned the matter to February 9, 2010 for a full trial.
According to Yeboah, the Criminal Investigations Department (CID) concocted stories against him and the others.
He said, for instance, that the CID said one of the robbery victims lived in an uncompleted house, which was not true, because the house was a fully completed one.
According to him, he pleaded guilty because the investigators had advised him to do so and further stated that some of the facts were not true.
Asamoah, for his part, said he was the second person to be arrested by the police but the charge sheet described him as the first accused person.
Some few minutes after the hearing of the case, a photojournalist from the Daily Guide newspaper was brutally assaulted by prison guards who escorted the convicted robbers from the courtroom.
The photojournalist had attempted to take pictures of the convicted robbers but the prison guards did not take kindly to that and seized his camera and cellular phones and handed him slaps.
The photojournalist, who resisted the prison officers’ attempt to seize his camera, was eventually locked up in cells on the orders of a High Court judge, Mr James B. Benson.
The prison officers were said to have informed the judge, who had heard the commotion from his courtroom, that the photojournalist was being unruly.
He spent more than three hours among the very convicted criminals whose photographs he had attempted to take.
Narrating his ordeal to his colleagues after his release, the photojournalist said all his money had been taken away from him by the remanded prisoners, while one of the convicted robbers had attacked him for attempting to take pictures of him.
FOUR robbers who confessed to committing a string of robberies in Accra, leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy, were yesterday sentenced to 20 years’ imprisonment each with hard labour.
The four — Yaw Asamoah, Kofi Yeboah, Ebo Kwabena and Osei Prempeh — pleaded guilty to two counts of conspiracy and robbery and were, accordingly, sentenced to serve 20 years each on each count.
The sentences are to run concurrently.
They are standing trial in another court for the murder of Rev Addy.
Prior to their sentencing, the four, who are already serving a 17-year sentence imposed on them by another court, had admitted committing robberies in two different households in November and December 2009, in the course of which they made away with a pump action gun, a box full of cartridges, a car key, cellular phones, a laptop, GH¢70 and other valuable items running into thousands of cedis.
They later used the pump action gun they had forcibly taken from a banker’s house to kill Rev Addy, 26, who had travelled to Accra with his pregnant wife to attend a colleague’s wedding.
Ebo Kwabena was sentenced to an additional 20 years’ imprisonment with hard labour after he had admitted robbing a household at Dokuna, a suburb of Accra, of five cellular phones and GH¢1,700 and shot a young man in the leg.
Kwabena, who spoke Twi, said he had offended God, Ghanaians and the justice system and was, accordingly, pleading with the court not to hand him a harsh sentence.
According to Kwabena, who spoke amid sobs, he was already facing a 17-year sentence and was about to face additional charges at the High Court and for that reason the court should have mercy on him.
The court, presided over by Mrs Patience Mills-Tetteh, sentenced him to 20 years’ imprisonment with hard labour and further ordered that the pump action gun which was forcibly taken away from a banker by the robbers be returned to the banker.
It gave the order after it had satisfied itself with the fact that the banker had registered his gun.
However, the three others claimed they had not been present during the Donkuna robbery and the court adjourned the matter to February 9, 2010 for a full trial.
According to Yeboah, the Criminal Investigations Department (CID) concocted stories against him and the others.
He said, for instance, that the CID said one of the robbery victims lived in an uncompleted house, which was not true, because the house was a fully completed one.
According to him, he pleaded guilty because the investigators had advised him to do so and further stated that some of the facts were not true.
Asamoah, for his part, said he was the second person to be arrested by the police but the charge sheet described him as the first accused person.
Some few minutes after the hearing of the case, a photojournalist from the Daily Guide newspaper was brutally assaulted by prison guards who escorted the convicted robbers from the courtroom.
The photojournalist had attempted to take pictures of the convicted robbers but the prison guards did not take kindly to that and seized his camera and cellular phones and handed him slaps.
The photojournalist, who resisted the prison officers’ attempt to seize his camera, was eventually locked up in cells on the orders of a High Court judge, Mr James B. Benson.
The prison officers were said to have informed the judge, who had heard the commotion from his courtroom, that the photojournalist was being unruly.
He spent more than three hours among the very convicted criminals whose photographs he had attempted to take.
Narrating his ordeal to his colleagues after his release, the photojournalist said all his money had been taken away from him by the remanded prisoners, while one of the convicted robbers had attacked him for attempting to take pictures of him.
Wednesday, January 27, 2010
Sale of bungalow to Jake Obetsebi-Lamptey • Full bench to decide suit against 3 ex-govt officials
Wednesday, January 27, 2010 (Page 3 Lead)
A FULL bench will be required to determine the suit against three former government functionaries who were dragged to the Supreme Court by two members of the Committee for Joint Action (CJA) for selling a government bungalow to Mr Jake Obetsebi-Lamptey, a former Minister of State.
Mr Samuel Okudzeto Ablakwa and Dr Edward Kofi Omane Boamah, who are now deputy ministers of Information and Environment, Science and Technology, respectively, in the latter part of 2008 sued the Attorney-General, the Chairman of the Lands Commission and the Chief Registrar of Lands at the Lands Title Registry for allocating the property to Mr Obetsebi-Lamptey.
At the Supreme Court’s sitting in Accra yesterday, the court, presided over by Mr Justice S. A. Brobbey, informed parties in the matter that the issues raised by the applicants needed constitutional interpretation and for that reason a full bench would be required to delve into the issues.
The matter has since been adjourned sine die (indefinitely).
Other members of the panel which sat on the case yesterday were Mrs Justice Sophia Adinyira, Professor Justice S. K. Date-Bah, Mr Justice P. Baffoe-Bonnie and Mr Justice B. T. Aryeetey.
Mr Obetsebi-Lamptey was present in court.
In the writ invoking the original jurisdiction of the Supreme Court, the applicants are praying the court to declare that by virtue of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution, the Minister for Water Resources, Works and Housing in the previous government did not have the power to direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any other person or body under any circumstances whatsoever.
They are also praying the court to order that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey was illegal and unconstitutional.
The applicants are seeking a declaration that by virtue of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution, the government was obliged to retain and continue to use, in the public interest, the property in dispute.
They are also seeking a further declaration that the purported sale of the said government bungalow, located at St Mungo Street, Ridge, Accra, by the previous government to Mr Obetsebi-Lamptey was in utter contravention of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution.
According to the applicants, the Supreme Court should order that the purported direction by the then Minister for Water Resources, Works and Housing for the disposal, sale or outright transfer of the said property in dispute to Mr Obetsebi-Lamptey smacked of cronyism, was arbitrary, capricious, discriminatory and a gross abuse of the discretionary power vested in a public officer under the 1992 Constitution.
The applicants are praying the court to declare that a publication by the Chairman of the Lands Commission and the Chief Registrar of Lands which announced that the said property had been allocated to Mr Obetsebi-Lamptey was unconstitutional, void and must be struck out as such, since it was in contravention of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution.
Additionally, the applicants are praying for an order of perpetual injunction to restrain the Chairman of the Lands Commission and the Chief Registrar of Lands and their agents “from perfecting the registration of a parcel of land designated as Parcel No 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No 003/019/1998, on which is situated Republic of Ghana Bungalow No 2, located at St Mungo Street, Ridge, Accra, in the name of Hon Jake Obetsebi-Lamptey”.
A statement of case accompanying the writ said Mr Obetsebi-Lamptey allocated onto himself the government bungalow in dispute as his duty post and resided at the said duty post at a huge cost to the state from 2001 to 2008, although he resigned from his public office some time in 2007 to pursue his presidential ambition.
It said in 2001, when Mr Obetsebi-Lamptey was the Chief of Staff at the Presidency, the head office of the Public Works Department carried out, at his behest, renovation to the tune of GH¢17,254 “through Brockwell Construction & Engineering Limited, not to mention further additional refurbishment carried out at his instance to his taste at extraordinary expense to that state”.
According to the statement of case, Mr Obetsebi-Lamptey subsequently applied to the Chairman of the Lands Commission and the Chief Registrar of Lands for a land title certificate to effectuate what it termed “the illegal and unconstitutional transaction”.
It said the Chairman of the Lands Commission and the Chief Registrar of Lands took the above steps to regularise the grant to Mr Obetsebi-Lamptey a land certificate in relation to the said property to effectuate the purported sale of the said government bungalow and plot to him.
According to the statement of case, the applicants wrote to the then Attorney-General, protesting the sale of the said bungalow, but the Attorney-General replied and pointed out that the matter was a constitutional issue.
They further argued that the then Minister for Water Resources, Works and Housing did not have the power to “direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any person or body under such circumstances and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey is illegal and unconstitutional”.
A FULL bench will be required to determine the suit against three former government functionaries who were dragged to the Supreme Court by two members of the Committee for Joint Action (CJA) for selling a government bungalow to Mr Jake Obetsebi-Lamptey, a former Minister of State.
Mr Samuel Okudzeto Ablakwa and Dr Edward Kofi Omane Boamah, who are now deputy ministers of Information and Environment, Science and Technology, respectively, in the latter part of 2008 sued the Attorney-General, the Chairman of the Lands Commission and the Chief Registrar of Lands at the Lands Title Registry for allocating the property to Mr Obetsebi-Lamptey.
At the Supreme Court’s sitting in Accra yesterday, the court, presided over by Mr Justice S. A. Brobbey, informed parties in the matter that the issues raised by the applicants needed constitutional interpretation and for that reason a full bench would be required to delve into the issues.
The matter has since been adjourned sine die (indefinitely).
Other members of the panel which sat on the case yesterday were Mrs Justice Sophia Adinyira, Professor Justice S. K. Date-Bah, Mr Justice P. Baffoe-Bonnie and Mr Justice B. T. Aryeetey.
Mr Obetsebi-Lamptey was present in court.
In the writ invoking the original jurisdiction of the Supreme Court, the applicants are praying the court to declare that by virtue of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution, the Minister for Water Resources, Works and Housing in the previous government did not have the power to direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any other person or body under any circumstances whatsoever.
They are also praying the court to order that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey was illegal and unconstitutional.
The applicants are seeking a declaration that by virtue of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution, the government was obliged to retain and continue to use, in the public interest, the property in dispute.
They are also seeking a further declaration that the purported sale of the said government bungalow, located at St Mungo Street, Ridge, Accra, by the previous government to Mr Obetsebi-Lamptey was in utter contravention of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution.
According to the applicants, the Supreme Court should order that the purported direction by the then Minister for Water Resources, Works and Housing for the disposal, sale or outright transfer of the said property in dispute to Mr Obetsebi-Lamptey smacked of cronyism, was arbitrary, capricious, discriminatory and a gross abuse of the discretionary power vested in a public officer under the 1992 Constitution.
The applicants are praying the court to declare that a publication by the Chairman of the Lands Commission and the Chief Registrar of Lands which announced that the said property had been allocated to Mr Obetsebi-Lamptey was unconstitutional, void and must be struck out as such, since it was in contravention of articles 20(5), 23, 257, 258, 265, 284 and 296 of the 1992 Constitution.
Additionally, the applicants are praying for an order of perpetual injunction to restrain the Chairman of the Lands Commission and the Chief Registrar of Lands and their agents “from perfecting the registration of a parcel of land designated as Parcel No 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No 003/019/1998, on which is situated Republic of Ghana Bungalow No 2, located at St Mungo Street, Ridge, Accra, in the name of Hon Jake Obetsebi-Lamptey”.
A statement of case accompanying the writ said Mr Obetsebi-Lamptey allocated onto himself the government bungalow in dispute as his duty post and resided at the said duty post at a huge cost to the state from 2001 to 2008, although he resigned from his public office some time in 2007 to pursue his presidential ambition.
It said in 2001, when Mr Obetsebi-Lamptey was the Chief of Staff at the Presidency, the head office of the Public Works Department carried out, at his behest, renovation to the tune of GH¢17,254 “through Brockwell Construction & Engineering Limited, not to mention further additional refurbishment carried out at his instance to his taste at extraordinary expense to that state”.
According to the statement of case, Mr Obetsebi-Lamptey subsequently applied to the Chairman of the Lands Commission and the Chief Registrar of Lands for a land title certificate to effectuate what it termed “the illegal and unconstitutional transaction”.
It said the Chairman of the Lands Commission and the Chief Registrar of Lands took the above steps to regularise the grant to Mr Obetsebi-Lamptey a land certificate in relation to the said property to effectuate the purported sale of the said government bungalow and plot to him.
According to the statement of case, the applicants wrote to the then Attorney-General, protesting the sale of the said bungalow, but the Attorney-General replied and pointed out that the matter was a constitutional issue.
They further argued that the then Minister for Water Resources, Works and Housing did not have the power to “direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any person or body under such circumstances and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey is illegal and unconstitutional”.
Teenager jailed 15 years for robbery
Wednesday, January 27, 2010 (Centre Spread)
A young man who robbed a boutique in Accra in broad daylight and indecently assaulted the salesgirl before making away with items worth GH¢2,441 was yesterday sentenced to 15 years’ imprisonment with hard labour.
Naab Randy, 18, pleaded guilty to the charge of robbery but denied fondling and sucking the breasts of the salesgirl at gunpoint on December 30, 2010.
The convict, who is also a labourer, told the court that he used the pistol to scare the salesgirl but he did not intend to shoot her.
According to Randy, he needed money to further his education after he had completed junior high school.
Randy robbed the boutique, indecently assaulted the salesgirl, tied her legs and sealed her mouth with Sellotape and walked out of the boutique with his booty.
He was, however, apprehended by the public while walking leisurely by the roadside with his booty after the salesgirl had managed to crawl out of the boutique, raised an alarm and informed passers-by of her ordeal after she had been set free.
The passers-by decided to spread out and track down Randy, who was later spotted some metres away with the items he had stolen from the boutique.
The items, including jeans trousers worth GH¢1,666, T-shirts worth GH¢405, two mobile phones and cash of GH¢100, were retrieved from the convict.
Presenting the facts of the case, a Deputy Superintendent of Police, Mr Kofi Blagodzi, told the court that the convict entered the complainant's boutique around 2.30 p.m. holding a schoolbag and asked her whether she sold men’s T-shirts.
In the process of being attended to, the convict suddenly pulled a pistol, pointed it at the complainant and warned her not to shout or he would shoot her.
He pulled her to a storeroom in the boutique, pushed her down and attempted to have sex with her.
When the complainant pleaded for mercy, the convict stopped, folded her blouse to the top and sucked her breast to his satisfaction.
After the act, Randy asked the complainant where she kept her money. The girl, who was then trembling with fear, pointed to the drawer where the money was kept.
Randy then tied the complainant's legs with Sellotape he found in the shop, sealed her mouth, ransacked the shop, ran off and left the girl to her fate.
The complainant, however, managed to crawl to the main entrance of the boutique where she was spotted by a lady. The girl was subsequently untied by the lady and other passers-by.
After she was set free, the complainant took stock of items, detected the items stolen and quickly mobilised people who trailed the convict to a distance where he was arrested.
A search on him revealed all the stolen items, a pistol and two cartridges.
A young man who robbed a boutique in Accra in broad daylight and indecently assaulted the salesgirl before making away with items worth GH¢2,441 was yesterday sentenced to 15 years’ imprisonment with hard labour.
Naab Randy, 18, pleaded guilty to the charge of robbery but denied fondling and sucking the breasts of the salesgirl at gunpoint on December 30, 2010.
The convict, who is also a labourer, told the court that he used the pistol to scare the salesgirl but he did not intend to shoot her.
According to Randy, he needed money to further his education after he had completed junior high school.
Randy robbed the boutique, indecently assaulted the salesgirl, tied her legs and sealed her mouth with Sellotape and walked out of the boutique with his booty.
He was, however, apprehended by the public while walking leisurely by the roadside with his booty after the salesgirl had managed to crawl out of the boutique, raised an alarm and informed passers-by of her ordeal after she had been set free.
The passers-by decided to spread out and track down Randy, who was later spotted some metres away with the items he had stolen from the boutique.
The items, including jeans trousers worth GH¢1,666, T-shirts worth GH¢405, two mobile phones and cash of GH¢100, were retrieved from the convict.
Presenting the facts of the case, a Deputy Superintendent of Police, Mr Kofi Blagodzi, told the court that the convict entered the complainant's boutique around 2.30 p.m. holding a schoolbag and asked her whether she sold men’s T-shirts.
In the process of being attended to, the convict suddenly pulled a pistol, pointed it at the complainant and warned her not to shout or he would shoot her.
He pulled her to a storeroom in the boutique, pushed her down and attempted to have sex with her.
When the complainant pleaded for mercy, the convict stopped, folded her blouse to the top and sucked her breast to his satisfaction.
After the act, Randy asked the complainant where she kept her money. The girl, who was then trembling with fear, pointed to the drawer where the money was kept.
Randy then tied the complainant's legs with Sellotape he found in the shop, sealed her mouth, ransacked the shop, ran off and left the girl to her fate.
The complainant, however, managed to crawl to the main entrance of the boutique where she was spotted by a lady. The girl was subsequently untied by the lady and other passers-by.
After she was set free, the complainant took stock of items, detected the items stolen and quickly mobilised people who trailed the convict to a distance where he was arrested.
A search on him revealed all the stolen items, a pistol and two cartridges.
Monday, January 25, 2010
Bullet which killed Frimpong recovered
Saturday, January 23, 2010 (Page 3 Lead)
THE bullet which ended the life of the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, has been recovered.
The prosecutor in the case involving five soldiers who were alleged to have murdered Mr Frimpong yesterday told the Osu District Magistrate Court that the bullet had been forwarded to the Police Forensic Laboratory for examination.
Assistant Superintendent of Police, Mr Patrick A. Morkeh, however, did not give details about how, when and where the bullet was recovered.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have been accused of murdering Mr Frimpong, who was deeply involved in the re-denomination exercise three years ago.
They have, accordingly, been charged with two counts of conspiracy and murder but their pleas have not been taken.
Responding to the prosecutor’s submission, counsel for the soldiers, Mr Joe Aboagye Debrah, did not take kindly to what he termed “the prosecution stories”.
He said the prosecution had put the defence team in a “legal limbo” because it had not taken the pleas of the soldiers to enable the defence to apply for bail.
Counsel stated, for instance, that the prosecution filed neither the bill of indictment nor the summary of evidence and stressed that “the prosecution only comes to court with stories”.
Mr Debrah argued that it was public knowledge that a docket on the same matter and involving different persons was currently in the Attorney-General’s office.
He described the accused persons as “fine soldiers” who had served their country well, pointing out that it was, therefore, unfortunate that they had been treated in such an unfair manner.
He said parties in the matter had a responsibility to ensure that the accused persons had an expeditious and fair trial.
Counsel, therefore, prayed the court to compel the prosecution to define the case properly, as well as ensure a speedy trial.
The court, presided over by Mr Emmanuel Bart Brew Plange, directed the prosecution to furnish the court with the bill of indictment, the summary of evidence and the results of the forensic laboratory examination.
He, accordingly, remanded the accused persons to reappear on February 4, 2010.
Family members of the soldiers wept uncontrollably when the soldiers were escorted out of the courtroom by security personnel.
The facts of the case, as presented by the prosecution, are that the soldiers were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove the innocence of the accused in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
THE bullet which ended the life of the former Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, has been recovered.
The prosecutor in the case involving five soldiers who were alleged to have murdered Mr Frimpong yesterday told the Osu District Magistrate Court that the bullet had been forwarded to the Police Forensic Laboratory for examination.
Assistant Superintendent of Police, Mr Patrick A. Morkeh, however, did not give details about how, when and where the bullet was recovered.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have been accused of murdering Mr Frimpong, who was deeply involved in the re-denomination exercise three years ago.
They have, accordingly, been charged with two counts of conspiracy and murder but their pleas have not been taken.
Responding to the prosecutor’s submission, counsel for the soldiers, Mr Joe Aboagye Debrah, did not take kindly to what he termed “the prosecution stories”.
He said the prosecution had put the defence team in a “legal limbo” because it had not taken the pleas of the soldiers to enable the defence to apply for bail.
Counsel stated, for instance, that the prosecution filed neither the bill of indictment nor the summary of evidence and stressed that “the prosecution only comes to court with stories”.
Mr Debrah argued that it was public knowledge that a docket on the same matter and involving different persons was currently in the Attorney-General’s office.
He described the accused persons as “fine soldiers” who had served their country well, pointing out that it was, therefore, unfortunate that they had been treated in such an unfair manner.
He said parties in the matter had a responsibility to ensure that the accused persons had an expeditious and fair trial.
Counsel, therefore, prayed the court to compel the prosecution to define the case properly, as well as ensure a speedy trial.
The court, presided over by Mr Emmanuel Bart Brew Plange, directed the prosecution to furnish the court with the bill of indictment, the summary of evidence and the results of the forensic laboratory examination.
He, accordingly, remanded the accused persons to reappear on February 4, 2010.
Family members of the soldiers wept uncontrollably when the soldiers were escorted out of the courtroom by security personnel.
The facts of the case, as presented by the prosecution, are that the soldiers were instructed by a superior officer to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
According to the prosecution, the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some former top-ranking government officials.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove the innocence of the accused in due course.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had, on December 15, 2009, ordered their immediate release from the custody of the Bureau of National Investigations (BNI).
The court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
Mobilla killers appeal against ruling
January 22, 2010 (Page 3 Lead)
THE two soldiers accused of murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, have appealed against the Fast Track High Court’s refusal to allow them to have access to the full list of the potential jurors who will be selected to decide their fate.
Corporal Yaw Appiah and Private Eric Modzaka have also filed a motion for stay of proceedings in the criminal trial instituted against them by the State.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
At the court’s sitting in Accra yesterday, counsel for the soldiers, Mr Thaddeus Sory, told the court that the fundamental human rights of the accused persons would be negatively affected if the jurors were selected and empanelled before the Court of Appeal sat on his clients’ appeal.
He, therefore, prayed the court to adjourn the matter to enable his clients to pursue the appeal, but the court indicated that it did not have a copy of the motion for stay of proceedings, to which counsel furnished the court with a copy.
Responding to defence counsel’s submissions, a Chief State Attorney, Mr Edward Agyemang-Duodu, indicated that his outfit had received copies of the motions but stated that no date had been fixed for hearing, adding that such a situation could delay the criminal case against the soldiers.
The court, presided over by Mr Justice Senyo Dzamefe, stood the case down for a few minutes to enable Mr Sory to get a date from the registrar of the Court of Appeal.
Mr Sory returned in less than 30 minutes and informed the court that the Court of Appeal would be sitting between February 1 and 3, 2010.
Mr Justice Dzamefe, therefore, adjourned hearing the substantive matter to February 8, 2010.
The court is yet to give its ruling on whether or not to grant the State’s request for jurors in the case to be confined throughout the trial.
The accused persons, who were accompanied by military police officers to and out of the courtroom, are alleged to have acted with Private Seth Goka, who is currently on the run, to murder Alhaji Mobilla.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased had been sent to the hospital dead and that he had died from multiple wounds.
THE two soldiers accused of murdering the Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, have appealed against the Fast Track High Court’s refusal to allow them to have access to the full list of the potential jurors who will be selected to decide their fate.
Corporal Yaw Appiah and Private Eric Modzaka have also filed a motion for stay of proceedings in the criminal trial instituted against them by the State.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
At the court’s sitting in Accra yesterday, counsel for the soldiers, Mr Thaddeus Sory, told the court that the fundamental human rights of the accused persons would be negatively affected if the jurors were selected and empanelled before the Court of Appeal sat on his clients’ appeal.
He, therefore, prayed the court to adjourn the matter to enable his clients to pursue the appeal, but the court indicated that it did not have a copy of the motion for stay of proceedings, to which counsel furnished the court with a copy.
Responding to defence counsel’s submissions, a Chief State Attorney, Mr Edward Agyemang-Duodu, indicated that his outfit had received copies of the motions but stated that no date had been fixed for hearing, adding that such a situation could delay the criminal case against the soldiers.
The court, presided over by Mr Justice Senyo Dzamefe, stood the case down for a few minutes to enable Mr Sory to get a date from the registrar of the Court of Appeal.
Mr Sory returned in less than 30 minutes and informed the court that the Court of Appeal would be sitting between February 1 and 3, 2010.
Mr Justice Dzamefe, therefore, adjourned hearing the substantive matter to February 8, 2010.
The court is yet to give its ruling on whether or not to grant the State’s request for jurors in the case to be confined throughout the trial.
The accused persons, who were accompanied by military police officers to and out of the courtroom, are alleged to have acted with Private Seth Goka, who is currently on the run, to murder Alhaji Mobilla.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
The chief pathologist’s report revealed that the deceased had been sent to the hospital dead and that he had died from multiple wounds.
Thursday, January 21, 2010
German jailed for cocaine possession
Thursday, January 21, 2010 (Page 3)
THE Greater Accra Regional Tribunal yesterday sentenced a 49-year-old German to 14 years’ imprisonment with hard labour for possessing 7.078 kilogrammes of cocaine.
Heyne Frank, a marketing officer based in Nairobi, Kenya, was arrested at the Kotoka International Airport (KIA) on December 10, 2006 when he arrived at the airport to board an Ethiopian Airlines flight to Kenya.
He was convicted on two counts of attempted exportation of narcotic drugs without lawful authority and possession of narcotic drugs.
The sentences are to run concurrently.
Heyne had claimed he could not speak English and insisted on getting a German interpreter, for which reason the trial began in November 2007, instead of February 28, 2007.
His insistence on an interpreter resulted in the Judicial Service soliciting the services of an interpreter but the convict shocked the court on September 29, 2009 when he decided to speak English to enable the interpreter to travel outside the country.
The tribunal, presided over by Mr Justice Frank Manu, held that the prosecution had led enough evidence to warrant Heyne’s conviction.
After the court had summed up and convicted Heyne on all the counts, his counsel pleaded for leniency and urged the court to take into account the fact that the convict had been in custody for four years.
The facts of the case were that while the convict was undergoing departure formalities at the KIA, a sample trap was used to swipe his palm and then inserted in an itemiser machine.
The results proved that his hand had been contaminated with cocaine, resulting in his body being searched, but nothing was found.
Security officials then searched his travelling bag in his presence and, in the process, a quantity of a substance suspected to be cocaine was found concealed in it.
The substance was field-tested in his presence and it tested positive for cocaine.
It was then forwarded to the Ghana Standards Board (GSB) for analytical examination and a report issued proved that the substance was cocaine.
THE Greater Accra Regional Tribunal yesterday sentenced a 49-year-old German to 14 years’ imprisonment with hard labour for possessing 7.078 kilogrammes of cocaine.
Heyne Frank, a marketing officer based in Nairobi, Kenya, was arrested at the Kotoka International Airport (KIA) on December 10, 2006 when he arrived at the airport to board an Ethiopian Airlines flight to Kenya.
He was convicted on two counts of attempted exportation of narcotic drugs without lawful authority and possession of narcotic drugs.
The sentences are to run concurrently.
Heyne had claimed he could not speak English and insisted on getting a German interpreter, for which reason the trial began in November 2007, instead of February 28, 2007.
His insistence on an interpreter resulted in the Judicial Service soliciting the services of an interpreter but the convict shocked the court on September 29, 2009 when he decided to speak English to enable the interpreter to travel outside the country.
The tribunal, presided over by Mr Justice Frank Manu, held that the prosecution had led enough evidence to warrant Heyne’s conviction.
After the court had summed up and convicted Heyne on all the counts, his counsel pleaded for leniency and urged the court to take into account the fact that the convict had been in custody for four years.
The facts of the case were that while the convict was undergoing departure formalities at the KIA, a sample trap was used to swipe his palm and then inserted in an itemiser machine.
The results proved that his hand had been contaminated with cocaine, resulting in his body being searched, but nothing was found.
Security officials then searched his travelling bag in his presence and, in the process, a quantity of a substance suspected to be cocaine was found concealed in it.
The substance was field-tested in his presence and it tested positive for cocaine.
It was then forwarded to the Ghana Standards Board (GSB) for analytical examination and a report issued proved that the substance was cocaine.
EXOPA Boss makes another appearance • In court
Wednesday, January 20, 2010 (Page 3 Lead)
AN officer of the Narcotics Control Board (NACOB), Mr Anthony Smith, yesterday told the Accra Fast High Court that seven other officers were present when substances found in three tubers of yam belonging to the Chief Executive of Exopa Modelling Agency, Ibrahim Sima, tested positive for cocaine.
Mr Smith was testifying in the trial of Sima, who is alleged to have attempted to export substances believed to be narcotic drugs to Germany on September 7, 2009.
Sima, 39, was arrested at the Kotoka International Airport about 11 p.m. while he was going through departure formalities. He is currently on remand in police custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
Led by the prosecutor in his evidence-in-chief, Mr Smith told the court, presided over by Mr Justice Charles Quist, that narcotic officers searched Sima’s travelling bags after he (Sima) had identified the bags as his own and had also stated that he had packed the bags himself.
According to the witness, Sima claimed ownership of the four tubers of yam which were found in his bag. During a careful scrutiny, it was observed that three of the yams had been cut open and re-sealed.
Mr Smith said he questioned Sima why the yam had been cut and re-sealed but Sima could not offer any explanation.
The witness informed the court that he used a knife to cut open the yam and it was then that he discovered the drugs which had been sealed in blue polythene bags.
He stated that he asked Sima why he had done that, to which Sima said he was hard pressed for money and was in debt.
He said Sima also told him that one Salifu at Nima had given him the drugs.
According to the witness, he and his colleagues accompanied Sima to his residence in Tema around 2 a.m. and a further search revealed varieties of yam similar to those which had been found on him at the airport and the glue which was used to re-seal the yams.
Mr Smith said he was in charge of the narcotics team which had been detailed at the airport on September 7, 2009, noting that on that fateful day the team had decided to target frequent travellers.
He said when Sima was questioned why he frequented Germany, he told the team that he had an agency in that country and that accounted for his frequent trips there.
During cross-examination from counsel for Sima, Mr James Agalga, the witness told the court that Sima had been spotted at the Departure Hall of the Kotoka International Airport on the day of his arrest.
Counsel is expected to continue cross-examining the witness on February 1, 2010.
AN officer of the Narcotics Control Board (NACOB), Mr Anthony Smith, yesterday told the Accra Fast High Court that seven other officers were present when substances found in three tubers of yam belonging to the Chief Executive of Exopa Modelling Agency, Ibrahim Sima, tested positive for cocaine.
Mr Smith was testifying in the trial of Sima, who is alleged to have attempted to export substances believed to be narcotic drugs to Germany on September 7, 2009.
Sima, 39, was arrested at the Kotoka International Airport about 11 p.m. while he was going through departure formalities. He is currently on remand in police custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
Led by the prosecutor in his evidence-in-chief, Mr Smith told the court, presided over by Mr Justice Charles Quist, that narcotic officers searched Sima’s travelling bags after he (Sima) had identified the bags as his own and had also stated that he had packed the bags himself.
According to the witness, Sima claimed ownership of the four tubers of yam which were found in his bag. During a careful scrutiny, it was observed that three of the yams had been cut open and re-sealed.
Mr Smith said he questioned Sima why the yam had been cut and re-sealed but Sima could not offer any explanation.
The witness informed the court that he used a knife to cut open the yam and it was then that he discovered the drugs which had been sealed in blue polythene bags.
He stated that he asked Sima why he had done that, to which Sima said he was hard pressed for money and was in debt.
He said Sima also told him that one Salifu at Nima had given him the drugs.
According to the witness, he and his colleagues accompanied Sima to his residence in Tema around 2 a.m. and a further search revealed varieties of yam similar to those which had been found on him at the airport and the glue which was used to re-seal the yams.
Mr Smith said he was in charge of the narcotics team which had been detailed at the airport on September 7, 2009, noting that on that fateful day the team had decided to target frequent travellers.
He said when Sima was questioned why he frequented Germany, he told the team that he had an agency in that country and that accounted for his frequent trips there.
During cross-examination from counsel for Sima, Mr James Agalga, the witness told the court that Sima had been spotted at the Departure Hall of the Kotoka International Airport on the day of his arrest.
Counsel is expected to continue cross-examining the witness on February 1, 2010.
Tuesday, January 19, 2010
Three robbers jailed 51 years
Tuesday, January 19, 2010 (Page 31)
THREE of the four robbers who confessed to have committed a series of robberies leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy, have been sentenced to a total of 51 years imprisonment with hard labour.
Kofi Yeboah, 30, Ebo Kwabena, 30, and Osei Prempeh, 23, were sentenced to 17 years on each count of conspiracy and robbery.
The court, presided over by Mr C. A. Wilson, sentenced the three on each count after they had pleaded guilty to the charges.
Prempeh pleaded guilty to an additional charge of rape and was sentenced to 17 years imprisonment. Their sentences are to run concurrently.
A fourth accused person, Yaw Asamoah, 30, who had on January 13, 2010 confessed to have committed several robberies in Accra, however, pleaded not guilty to new charges.
The court fixed February 4, 2010 as the date for hearing the robbery charges levelled against Asamoah.
Prosecuting, a Deputy Superintendent of Police, Mr Kofi Blagodzi, told the court that on December 30, 2009, the four, armed with pump action guns and machetes, stormed two houses at Gbawe Bulemin, a suburb of Accra, at dawn and made away with seven cellular phones, three DVD players and GH¢360.
Not satisfied with the booty, Prempeh entered the room of the victim (name withheld) in one of the robbed houses and brutally raped her.
On hearing of the incident, the police moved to the scene and observed that the convicts had operated in other neighbourhoods.
During investigations, the police managed to retrieve some of the items the convicts had stolen, arrested the sellers of those items and the sellers in turn assisted the police to effect the arrest of the four.
On January 13, 2010, Yeboah, Kwabena, Prempeh and Asamoah pleaded for forgiveness from God, Ghanaians, their victims and the family of the deceased pastor.
Reverend Addy, 26, who was the pastor in charge of the Enchi branch of the Lighthouse Chapel, was in Accra with his wife, who was six months pregnant, to attend the wedding of a colleague pastor and was due to return to his base in the Western Region on December 30, 2009 but met his brutal death at the hands of the robbers.
They were charged with seven counts of conspiracy, causing unlawful harm and robbery but they ended up confessing to murder in the court, presided over by Mrs Patience Mills-Tetteh.
The accused persons told the court that they did not want to waste the court’s time with a long trial and, accordingly, pleaded with the court to punish them severely.
Mrs Mills-Tetteh remanded them in prison custody to re-appear on January 21, 2010.
The four committed the offence in November and December 2009 and succeeded in robbing several houses in Accra, assaulted their occupants and made away with valuable items and cash.
The four, whose pleas were not taken, are also before another circuit court charged with the murder of Rev Addy.
THREE of the four robbers who confessed to have committed a series of robberies leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy, have been sentenced to a total of 51 years imprisonment with hard labour.
Kofi Yeboah, 30, Ebo Kwabena, 30, and Osei Prempeh, 23, were sentenced to 17 years on each count of conspiracy and robbery.
The court, presided over by Mr C. A. Wilson, sentenced the three on each count after they had pleaded guilty to the charges.
Prempeh pleaded guilty to an additional charge of rape and was sentenced to 17 years imprisonment. Their sentences are to run concurrently.
A fourth accused person, Yaw Asamoah, 30, who had on January 13, 2010 confessed to have committed several robberies in Accra, however, pleaded not guilty to new charges.
The court fixed February 4, 2010 as the date for hearing the robbery charges levelled against Asamoah.
Prosecuting, a Deputy Superintendent of Police, Mr Kofi Blagodzi, told the court that on December 30, 2009, the four, armed with pump action guns and machetes, stormed two houses at Gbawe Bulemin, a suburb of Accra, at dawn and made away with seven cellular phones, three DVD players and GH¢360.
Not satisfied with the booty, Prempeh entered the room of the victim (name withheld) in one of the robbed houses and brutally raped her.
On hearing of the incident, the police moved to the scene and observed that the convicts had operated in other neighbourhoods.
During investigations, the police managed to retrieve some of the items the convicts had stolen, arrested the sellers of those items and the sellers in turn assisted the police to effect the arrest of the four.
On January 13, 2010, Yeboah, Kwabena, Prempeh and Asamoah pleaded for forgiveness from God, Ghanaians, their victims and the family of the deceased pastor.
Reverend Addy, 26, who was the pastor in charge of the Enchi branch of the Lighthouse Chapel, was in Accra with his wife, who was six months pregnant, to attend the wedding of a colleague pastor and was due to return to his base in the Western Region on December 30, 2009 but met his brutal death at the hands of the robbers.
They were charged with seven counts of conspiracy, causing unlawful harm and robbery but they ended up confessing to murder in the court, presided over by Mrs Patience Mills-Tetteh.
The accused persons told the court that they did not want to waste the court’s time with a long trial and, accordingly, pleaded with the court to punish them severely.
Mrs Mills-Tetteh remanded them in prison custody to re-appear on January 21, 2010.
The four committed the offence in November and December 2009 and succeeded in robbing several houses in Accra, assaulted their occupants and made away with valuable items and cash.
The four, whose pleas were not taken, are also before another circuit court charged with the murder of Rev Addy.
Monday, January 18, 2010
Trial of two lawyers starts January 27
Saturday, January 16, 2010 (Page 15)
THE trial of two lawyers who have been accused of forgery and defrauding by false pretence has been scheduled to start on January 27, 2010.
The date was fixed after the Accra Circuit Court gave reasons for refusing an application to stay proceedings in the matter.
The lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, are alleged to have forged a High Court judgement to deprive the complainant, Mr Samuel Etroo, who was once a client of Amua-Sekyi’s, of his mining concession.
Counsel for the two had filed an application for stay of proceedings in the trial on the grounds that cases between parties in the case were pending in different high courts and for that reason it would be prudent for the court to stay proceedings until those matters were determined.
However, the court, presided over by Mrs Justice Adwoa Bartels, dismissed the application on the grounds that parties in the cited cases were different from the parties in her court.
Giving reasons for her decision, the trial judge stated that she had carefully studied the Criminal Procedure Code and other authorities and nowhere was it stated that criminal actions must be stayed for civil actions to proceed.
She said what the applicants sought the court to do was alien to the country's criminal jurisprudence.
According to the court, it was only the Attorney-General who had power to discontinue criminal matters against accused persons and for that reason the court deemed it fit to refuse the application for stay of proceedings.
The two lawyers were arraigned before the court on December 18, 2009 and were granted bail in the sum of GH¢80,000 with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr Justice D.E.K. Daketsey, a circuit court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the circuit court judge from hearing the case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case, resulting in the arraignment of the two lawyers on December 18, 2009.
In the substantive matter, the two are alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, the Managing Director of Keegan Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money, Amua-Sekyi signed as witness, prompting the complainant in the case, Mr Etroo, to lodge a complaint with the police.
THE trial of two lawyers who have been accused of forgery and defrauding by false pretence has been scheduled to start on January 27, 2010.
The date was fixed after the Accra Circuit Court gave reasons for refusing an application to stay proceedings in the matter.
The lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, are alleged to have forged a High Court judgement to deprive the complainant, Mr Samuel Etroo, who was once a client of Amua-Sekyi’s, of his mining concession.
Counsel for the two had filed an application for stay of proceedings in the trial on the grounds that cases between parties in the case were pending in different high courts and for that reason it would be prudent for the court to stay proceedings until those matters were determined.
However, the court, presided over by Mrs Justice Adwoa Bartels, dismissed the application on the grounds that parties in the cited cases were different from the parties in her court.
Giving reasons for her decision, the trial judge stated that she had carefully studied the Criminal Procedure Code and other authorities and nowhere was it stated that criminal actions must be stayed for civil actions to proceed.
She said what the applicants sought the court to do was alien to the country's criminal jurisprudence.
According to the court, it was only the Attorney-General who had power to discontinue criminal matters against accused persons and for that reason the court deemed it fit to refuse the application for stay of proceedings.
The two lawyers were arraigned before the court on December 18, 2009 and were granted bail in the sum of GH¢80,000 with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr Justice D.E.K. Daketsey, a circuit court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the circuit court judge from hearing the case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case, resulting in the arraignment of the two lawyers on December 18, 2009.
In the substantive matter, the two are alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, the Managing Director of Keegan Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money, Amua-Sekyi signed as witness, prompting the complainant in the case, Mr Etroo, to lodge a complaint with the police.
Friday, January 15, 2010
Pastor's killers confess in court
Friday, January 15, 2010 (Page 3 Lead)
FOUR alleged robbers yesterday stunned the Accra Circuit Court when they confessed to have committed a series of robberies leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy.
Reverend Addy, 26, who was the pastor in charge of the Enchi branch of the Lighthouse Chapel, was in Accra with his wife, who was six months pregnant, to attend the wedding of a colleague pastor and was due to return to his base in the Western Region on December 30, 2009 but met his brutal death at the hands of the robbers.
The accused persons — Yaw Asamoah, 30; Kofi Yeboah, 30; Ebo Kwabena, 30, and Osei Prempeh, 23 — pleaded for forgiveness from God, Ghanaians, their victims and the family of the deceased pastor.
The four, whose pleas have not been taken, are also before another circuit court charged with the murder of Rev. Addy.
The four were charged with seven counts of conspiracy, causing unlawful harm and robbery but they ended up confessing to committing murder.
The court, presided over by Mrs Patience Mills-Tetteh, remanded them in prison custody to re-appear on January 21, 2010.
The accused persons told the court that they did not want to waste its time with a long trial.
In November and December 2009, the accused robbed several households in Accra, assaulted occupants and made away with valuable items and cash.
They, accordingly, pleaded with the court to punish them severely.
According to them, they did not deserve to live because they had caused so much havoc on the victims and their family members and for that reason they were ready to face any form of punishment the court might deem fit.
The confessions began when the prosecutor in the case, Inspector Anthony Afetsi, read out the charges preferred against the accused persons and the facts accompanying those charges.
Inspector Afetsi had barely sat down when Yeboah raised his hand and informed the court that he had something to say.
The court allowed him to speak and, to everyone's surprise, he launched into confession and admitted committing robbery with the others.
The other accused persons followed suit with similar confessions.
The facts of the case accompanying the three separate charge sheets preferred against the accused persons indicated that they broke into the home of a banker around 5 a.m. on November 30, 2009 and took away the banker's pump action gun, a box full of cartridges, a car key, cellular phones, a laptop and GH¢70.
According to the prosecution, the four on a later date proceeded to a house at Gbawe, attacked the inhabitants and eventually killed Rev Addy with the pump action gun they had forcibly taken from the banker's home and bolted.
The four were also said to have forcibly entered the house of an auto mechanic, held his family hostage and robbed them of four cellular phones, a machine detector and GH¢160 and subjected the inhabitants of the house to severe beatings.
In the third case, the four were said to have attacked a house at Donkuna, a suburb of Accra, and robbed the household of five cellular phones and GH¢1,700 cash and shot a young man in the leg.
The four were arrested upon a tip-off on January 6, 2010 when they were preparing to embark on another operation.
FOUR alleged robbers yesterday stunned the Accra Circuit Court when they confessed to have committed a series of robberies leading to the death of a pastor of the Lighthouse Chapel International, Rev Peter Nii Addy.
Reverend Addy, 26, who was the pastor in charge of the Enchi branch of the Lighthouse Chapel, was in Accra with his wife, who was six months pregnant, to attend the wedding of a colleague pastor and was due to return to his base in the Western Region on December 30, 2009 but met his brutal death at the hands of the robbers.
The accused persons — Yaw Asamoah, 30; Kofi Yeboah, 30; Ebo Kwabena, 30, and Osei Prempeh, 23 — pleaded for forgiveness from God, Ghanaians, their victims and the family of the deceased pastor.
The four, whose pleas have not been taken, are also before another circuit court charged with the murder of Rev. Addy.
The four were charged with seven counts of conspiracy, causing unlawful harm and robbery but they ended up confessing to committing murder.
The court, presided over by Mrs Patience Mills-Tetteh, remanded them in prison custody to re-appear on January 21, 2010.
The accused persons told the court that they did not want to waste its time with a long trial.
In November and December 2009, the accused robbed several households in Accra, assaulted occupants and made away with valuable items and cash.
They, accordingly, pleaded with the court to punish them severely.
According to them, they did not deserve to live because they had caused so much havoc on the victims and their family members and for that reason they were ready to face any form of punishment the court might deem fit.
The confessions began when the prosecutor in the case, Inspector Anthony Afetsi, read out the charges preferred against the accused persons and the facts accompanying those charges.
Inspector Afetsi had barely sat down when Yeboah raised his hand and informed the court that he had something to say.
The court allowed him to speak and, to everyone's surprise, he launched into confession and admitted committing robbery with the others.
The other accused persons followed suit with similar confessions.
The facts of the case accompanying the three separate charge sheets preferred against the accused persons indicated that they broke into the home of a banker around 5 a.m. on November 30, 2009 and took away the banker's pump action gun, a box full of cartridges, a car key, cellular phones, a laptop and GH¢70.
According to the prosecution, the four on a later date proceeded to a house at Gbawe, attacked the inhabitants and eventually killed Rev Addy with the pump action gun they had forcibly taken from the banker's home and bolted.
The four were also said to have forcibly entered the house of an auto mechanic, held his family hostage and robbed them of four cellular phones, a machine detector and GH¢160 and subjected the inhabitants of the house to severe beatings.
In the third case, the four were said to have attacked a house at Donkuna, a suburb of Accra, and robbed the household of five cellular phones and GH¢1,700 cash and shot a young man in the leg.
The four were arrested upon a tip-off on January 6, 2010 when they were preparing to embark on another operation.
Thursday, January 14, 2010
Oil To Benefit Ghanaians • A-G scrutinises Draft Bill
Thursday, January 14, 2010 (Lead Story)
THE government has drafted a Petroleum Bill which seeks to ensure that Ghanaians derive maximum benefit from the country’s oil and gas resources.
The bill also contains a framework to achieve local content and 90 per cent local participation in petroleum activities in the country by the year 2020.
Currently being scrutinised by the Attorney-General’s office, the bill underlines measures which enjoin operators in the oil industry to conform to the country’s laws, as well as operate within environmentally accepted limits, among others.
In an interview with the Daily Graphic, the Minister of Energy, Dr Joe Oteng-Adjei, said under the bill, a Petroleum Regulatory Agency was expected to be established to oversee and monitor the activities of industry players as part of the government’s policy to ensure that Ghanaians derived maximum benefit from the oil find.
He explained that although the past New Patriotic Party (NPP) administration developed a policy which merged PNDC Law 84 and the Regulatory Framework, the National Democratic Congress (NDC) had decided to separate the two to make it simpler, clearer and more transparent for oil companies to access and make decisions.
The minister said local content and participation referred to the level of use of Ghanaian expertise, goods and services, people, businesses and financing in oil and gas activities.
He said a key development objective of the government was to grow the economy to rapidly achieve accelerated development and industrialisation, adding that the oil and gas industry was known to contribute significantly to the strong economic growth of countries that produced the two commodities.
“It is anticipated that the development of the oil and gas industry will be a source of accelerated growth, poverty reduction and general prosperity for the people of Ghana. The active involvement of Ghanaians in oil and gas development through local content and participation has become a major policy issue of the NDC government,” Dr Oteng-Adjei pointed out.
Consequently, the minister stated that the government would seek to provide the enabling environment and opportunities for Ghanaians to benefit from the economic wealth that emanated from the activities in the oil and gas industry through the participation of Ghanaians in the ownership, operation, control and management of the sector.
Dr Oteng-Adjei explained that his office would submit the draft bill to Cabinet for study and subsequently to Parliament for approval, while broad consultation with relevant stakeholders was currently ongoing on the framework on local content and local participation.
“We are acting as quickly as possible to ensure that all these structures are put in place before oil production begins in the last quarter of the year,” the minister said.
He gave the assurance the relevant bodies in the country, including the political parties, were being given the opportunity to study and make inputs into the local content framework.
He said other legal bodies were also looking at the bill to make the necessary recommendations.
He, therefore, debunked claims that the government had not put in place any legal structures to cater for the country’s oil industry.
Throwing more light on the local content policy, a Deputy Minister of Energy, Mr Emmanuel Armah-Kofi Buah, said PNDC Law 84 only tackled issues on exploration and it was, therefore, imperative for the government to come up with more pragmatic measures to regulate the petroleum industry in a more effective manner now that oil had been discovered in commercial quantities.
In order to give effect to the implementation of the local content and local participation policy, these policy directions would be legislated by regulations and other such legal instruments, Mr Buah explained.
“A dedicated Petroleum Regulatory Agency, with the assistance of independent national local content committees, will be mandated to oversee and ensure the full implementation of the local content and local participation policy,” he explained.
According to Mr Buah, an Oil and Gas Business Development and Local Content Fund would be established to support local capacity development.
He further explained that the fund would be used primarily for education, training and research and development in oil and gas.
He said under the framework, sources of the fund would include contributions from licensed operators, oil and gas revenue, levies, grants and other forms of support from Ghana’s development partners.
Mr Buah said the Ministry of Energy would oversee the disbursement of the fund.
THE government has drafted a Petroleum Bill which seeks to ensure that Ghanaians derive maximum benefit from the country’s oil and gas resources.
The bill also contains a framework to achieve local content and 90 per cent local participation in petroleum activities in the country by the year 2020.
Currently being scrutinised by the Attorney-General’s office, the bill underlines measures which enjoin operators in the oil industry to conform to the country’s laws, as well as operate within environmentally accepted limits, among others.
In an interview with the Daily Graphic, the Minister of Energy, Dr Joe Oteng-Adjei, said under the bill, a Petroleum Regulatory Agency was expected to be established to oversee and monitor the activities of industry players as part of the government’s policy to ensure that Ghanaians derived maximum benefit from the oil find.
He explained that although the past New Patriotic Party (NPP) administration developed a policy which merged PNDC Law 84 and the Regulatory Framework, the National Democratic Congress (NDC) had decided to separate the two to make it simpler, clearer and more transparent for oil companies to access and make decisions.
The minister said local content and participation referred to the level of use of Ghanaian expertise, goods and services, people, businesses and financing in oil and gas activities.
He said a key development objective of the government was to grow the economy to rapidly achieve accelerated development and industrialisation, adding that the oil and gas industry was known to contribute significantly to the strong economic growth of countries that produced the two commodities.
“It is anticipated that the development of the oil and gas industry will be a source of accelerated growth, poverty reduction and general prosperity for the people of Ghana. The active involvement of Ghanaians in oil and gas development through local content and participation has become a major policy issue of the NDC government,” Dr Oteng-Adjei pointed out.
Consequently, the minister stated that the government would seek to provide the enabling environment and opportunities for Ghanaians to benefit from the economic wealth that emanated from the activities in the oil and gas industry through the participation of Ghanaians in the ownership, operation, control and management of the sector.
Dr Oteng-Adjei explained that his office would submit the draft bill to Cabinet for study and subsequently to Parliament for approval, while broad consultation with relevant stakeholders was currently ongoing on the framework on local content and local participation.
“We are acting as quickly as possible to ensure that all these structures are put in place before oil production begins in the last quarter of the year,” the minister said.
He gave the assurance the relevant bodies in the country, including the political parties, were being given the opportunity to study and make inputs into the local content framework.
He said other legal bodies were also looking at the bill to make the necessary recommendations.
He, therefore, debunked claims that the government had not put in place any legal structures to cater for the country’s oil industry.
Throwing more light on the local content policy, a Deputy Minister of Energy, Mr Emmanuel Armah-Kofi Buah, said PNDC Law 84 only tackled issues on exploration and it was, therefore, imperative for the government to come up with more pragmatic measures to regulate the petroleum industry in a more effective manner now that oil had been discovered in commercial quantities.
In order to give effect to the implementation of the local content and local participation policy, these policy directions would be legislated by regulations and other such legal instruments, Mr Buah explained.
“A dedicated Petroleum Regulatory Agency, with the assistance of independent national local content committees, will be mandated to oversee and ensure the full implementation of the local content and local participation policy,” he explained.
According to Mr Buah, an Oil and Gas Business Development and Local Content Fund would be established to support local capacity development.
He further explained that the fund would be used primarily for education, training and research and development in oil and gas.
He said under the framework, sources of the fund would include contributions from licensed operators, oil and gas revenue, levies, grants and other forms of support from Ghana’s development partners.
Mr Buah said the Ministry of Energy would oversee the disbursement of the fund.
Two lawyers to answer charges
Thursday, January 14, 2010 (Page 3 Lead)
AN Accra circuit court yesterday refused to stay proceedings in the matter in which two lawyers have been accused of forgery and defrauding by false pretences.
The lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, will, by the refusal, have to answer criminal charges levelled against them.
Counsel for the two had filed an application for stay of proceedings in the trial on the grounds that cases between parties in the case were pending in different high courts and for that reason it would be prudent for the court to stay proceedings until those matters were determined.
However, the court, presided over by Mrs Justice Adwoa Bartels, dismissed the application on the grounds that parties in the cited cases were different from the parties in her court.
She indicated that she would give full reasons for her decision at the court sitting in Accra today.
The two were arraigned before the court on December 18, 2009 and were granted bail in the sum of GH¢80,000 each with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr Justice D.E.K. Daketsey, a circuit court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the circuit court judge from hearing the case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case, resulting in the arraignment of the two lawyers on December 18, 2009.
In the substantive matter, the two are alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, the Managing Director of Keegan Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money, Amua-Sekyi signed as witness, prompting the complainant in the case, Mr Samuel Etroo, to lodge a complaint with the police.
AN Accra circuit court yesterday refused to stay proceedings in the matter in which two lawyers have been accused of forgery and defrauding by false pretences.
The lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, will, by the refusal, have to answer criminal charges levelled against them.
Counsel for the two had filed an application for stay of proceedings in the trial on the grounds that cases between parties in the case were pending in different high courts and for that reason it would be prudent for the court to stay proceedings until those matters were determined.
However, the court, presided over by Mrs Justice Adwoa Bartels, dismissed the application on the grounds that parties in the cited cases were different from the parties in her court.
She indicated that she would give full reasons for her decision at the court sitting in Accra today.
The two were arraigned before the court on December 18, 2009 and were granted bail in the sum of GH¢80,000 each with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr Justice D.E.K. Daketsey, a circuit court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the circuit court judge from hearing the case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case, resulting in the arraignment of the two lawyers on December 18, 2009.
In the substantive matter, the two are alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, the Managing Director of Keegan Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money, Amua-Sekyi signed as witness, prompting the complainant in the case, Mr Samuel Etroo, to lodge a complaint with the police.
Wednesday, January 13, 2010
Work On Oil Starts • Vessels in to build sub-sea structures
Wednesday, January 13, 2010 (Lead Story)
TECHNICAL installations have started on the Jubilee Oilfields at Cape Three Points to pave the way for the commercial production of oil and gas by the last quarter of this year.
Consequently, Happy River arrived in the country last week and is expected to to build sub-sea structures for the installation of a billion-dollar Floating, Production, Storage and Offloading (FPSO) vessel.
The FPSO, the size of three football fields, is near completion in Singapore and it is expected to sail to the country in March this year.
A Deputy Minister of Energy in charge of Petroleum, Mr Emmanuel Armah-Kofi Buah, disclosed this to the Daily Graphic in an interview in Accra yesterday.
The FPSO will process and store oil and gas which were discovered in large quantities three years ago at Cape Three Points in the Western Region.
The Happy River, fitted with cranes, arrived from Finland last Wednesday, while the Olympic Triton, which is sailing from France, is expected in Ghanaian waters today.
The Happy River was built for heavy lifts, but it can also be used to carry forest products, general cargo and containers, as well as project items, while the Olympic Triton is a multifunctional sub-sea vessel with a large deck area and very large cargo capabilities for most operations. It is equipped with diesel-electric machinery which ensures low noise levels and low fuel consumption.
Mr Buah said so far 17 wells had been drilled, with each well containing millions of barrels of oil and gas.
The oilfields which will be developed in phases are expected to produce 120,000 barrels of crude per day.
They have proven reserves of more than 300 million barrels of recoverable oil, making the discovery West Africa’s largest offshore deep-water discovery in over a decade.
According to Mr Buah, the government was putting in place the necessary measures to ensure that Ghanaians derived maximum benefit from the oil find.
The Jubilee Oilfields are jointly owned by Kosmos Energy, Tullow Oil Ghana Limited, Anardarko Petroleum, Sabre Oil of Ireland, the GNPC and the E.O. Group, with Tullow Oil as the operator of the Jubilee Oilfields.
Partners in the oilfields will need to invest about $5 billion to fully develop the fields to pave the way for the production of oil.
Due to the cost involved in drilling and the time frame needed for the acquisition of equipment, the partners will develop the discovered fields in phases.
TECHNICAL installations have started on the Jubilee Oilfields at Cape Three Points to pave the way for the commercial production of oil and gas by the last quarter of this year.
Consequently, Happy River arrived in the country last week and is expected to to build sub-sea structures for the installation of a billion-dollar Floating, Production, Storage and Offloading (FPSO) vessel.
The FPSO, the size of three football fields, is near completion in Singapore and it is expected to sail to the country in March this year.
A Deputy Minister of Energy in charge of Petroleum, Mr Emmanuel Armah-Kofi Buah, disclosed this to the Daily Graphic in an interview in Accra yesterday.
The FPSO will process and store oil and gas which were discovered in large quantities three years ago at Cape Three Points in the Western Region.
The Happy River, fitted with cranes, arrived from Finland last Wednesday, while the Olympic Triton, which is sailing from France, is expected in Ghanaian waters today.
The Happy River was built for heavy lifts, but it can also be used to carry forest products, general cargo and containers, as well as project items, while the Olympic Triton is a multifunctional sub-sea vessel with a large deck area and very large cargo capabilities for most operations. It is equipped with diesel-electric machinery which ensures low noise levels and low fuel consumption.
Mr Buah said so far 17 wells had been drilled, with each well containing millions of barrels of oil and gas.
The oilfields which will be developed in phases are expected to produce 120,000 barrels of crude per day.
They have proven reserves of more than 300 million barrels of recoverable oil, making the discovery West Africa’s largest offshore deep-water discovery in over a decade.
According to Mr Buah, the government was putting in place the necessary measures to ensure that Ghanaians derived maximum benefit from the oil find.
The Jubilee Oilfields are jointly owned by Kosmos Energy, Tullow Oil Ghana Limited, Anardarko Petroleum, Sabre Oil of Ireland, the GNPC and the E.O. Group, with Tullow Oil as the operator of the Jubilee Oilfields.
Partners in the oilfields will need to invest about $5 billion to fully develop the fields to pave the way for the production of oil.
Due to the cost involved in drilling and the time frame needed for the acquisition of equipment, the partners will develop the discovered fields in phases.
Wednesday, January 6, 2010
Lawyers in forgery case granted bail
Saturday, December 19, 2009 (Page 3 Lead)
THE two lawyers who are standing trial for forgery and defrauding by false pretence, were yesterday granted bail by the Accra Circuit Court.
The lawyers — Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi — were granted bail in the sum of GH¢80,000 each with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document and were admitted to bail by the court, presided over by Mrs Adwoa Bartels Cudjoe.
They are expected to re-appear on Tuesday, December 22, 2009.
Counsel for the accused persons, Mr James Agalga, is expected to move an application for stay of proceedings in the case on the next adjourned date.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr D.E.K. Daketsey, a Circuit Court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the Circuit Court judge from hearing the criminal case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case resulting in the arraignment of the two lawyers yesterday.
The lawyers, who wore suits, looked calm when they stood in the accused box. They were whisked away in a police vehicle to execute their bail bonds.
In the substantive matter, the two lawyers were alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, Managing Director of
Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money on June 18, 2007, he issued a handwritten receipt while Amua-Sekyi signed as witness. The two have, however, denied any wrongdoing.
THE two lawyers who are standing trial for forgery and defrauding by false pretence, were yesterday granted bail by the Accra Circuit Court.
The lawyers — Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi — were granted bail in the sum of GH¢80,000 each with two sureties each to be justified.
They pleaded not guilty to eight counts of conspiracy, forgery of judicial document and uttering forged document and were admitted to bail by the court, presided over by Mrs Adwoa Bartels Cudjoe.
They are expected to re-appear on Tuesday, December 22, 2009.
Counsel for the accused persons, Mr James Agalga, is expected to move an application for stay of proceedings in the case on the next adjourned date.
The two were arraigned at a time the Human Rights Division of the High Court had set January 22, 2010 to determine whether or not Mr D.E.K. Daketsey, a Circuit Court judge, could continue sitting on the case against the two lawyers.
The lawyers had sought an interlocutory order restraining the Circuit Court judge from hearing the criminal case until the final determination of the application currently before the Human Rights Court on the grounds that the judge was biased against them.
However, the Chief Justice assigned Mrs Cudjoe to the case resulting in the arraignment of the two lawyers yesterday.
The lawyers, who wore suits, looked calm when they stood in the accused box. They were whisked away in a police vehicle to execute their bail bonds.
In the substantive matter, the two lawyers were alleged to have forged the judgement of a High Court judge, Mr Justice Ofori-Atta, compelling Mr Howard Eric Ewen, Managing Director of
Resources, to issue a cheque for $850,000 to Asamani.
When Asamani received the money on June 18, 2007, he issued a handwritten receipt while Amua-Sekyi signed as witness. The two have, however, denied any wrongdoing.
Rokko was murdered on orders of • Prosecution alleges
Saturday, December 19, 2009 (Lead Story)
THE five soldiers who stand accused of murdering the Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, were allegedly instructed by their superior officer to kill the banker.
According to the prosecution, the five were instructed to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
The accused persons were said to have received between GH¢5,000 and GH¢15,000 for carrying out that assignment. Counsel for the soldiers, Mr Joe Aboagye Debrah, has described the prosecution’s case as “concocted pack of lies,” and maintained that “at the appropriate time their innocence would be proven”.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have accordingly been charged with two counts of conspiracy and murder.
They were yesterday arraigned at the Osu District Magistrate’s Court, presided over by Mr Emmanuel Bart Brew Plange, and were remanded in prison custody to re-appear on January 22, 2010.
Their pleas have not been taken.
Presenting the facts of the case, Assistant Superintendent of Police (ASP) Patrick A. Morkeh, told the court that the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some top-ranking government officials.
According to the prosecution, the soldiers were instructed to kill Mr Frimpong to prevent the said government officials from being exposed.
The prosecution said for their reward, they were allegedly given between GH¢5,000 and GH¢15,000. Four of the soldiers, according to the prosecution, admitted receiving the moneys for unexplained reasons but not for the murder of Mr Frimpong.
It said the other one claimed he never received any money.
Mr Morkeh prayed the court to remand the accused persons, since investigations were ongoing.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove the innocence of the accused in due course.
Mr Debrah explained that his clients reported for work because they knew they had not committed any offence only to end up being picked up by security operatives.
He described the accused persons as “young soldiers who have dedicated themselves to the service of the country. It is unfortunate this is happening to them”.
Counsel argued that it was strange for the state to accuse the soldiers of murdering Mr Frimpong when some civilians had been arrested, investigated and the docket on their case forwarded to the Attorney-General’s office for advice over the same issue.
Mr Debrah explained that the moneys given to the soldiers were ex gratia payments the previous government made to some security officers for their dedicated service to the country.
“I have absolute confidence that the soldiers are innocent of all allegations and we would prove it in the course of the trial,” counsel added.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had ordered their immediate release from the Bureau of National Investigations (BNI) custody.
On December 15, 2009, the court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
Upholding submissions of defence counsel, the court held that it was wrong for the BNI to keep the soldiers at an undisclosed place for more than 48 hours without a court order and without telling the soldiers which offence they were being held for.
The five were picked up between November 12 and 14, 2009 to an undisclosed location, prompting their spouses to file an application for habeas corpus. Habeas corpus, a Latin phrase, is a legal action through which a person can seek relief from unlawful detention or that of another person.
The application was expected to be heard on December 2, 2009, but the state secured the remand of the soldiers on December 1, 2009 at the Accra Circuit Court.
But the court disapproved of the action of the BNI and said it was unfortunate for the BNI to claim it did not know it was unlawful to continuously detain the accused without a court order.
THE five soldiers who stand accused of murdering the Deputy Managing Director of the Ghana Commercial Bank (GCB), Mr Rokko Frimpong, were allegedly instructed by their superior officer to kill the banker.
According to the prosecution, the five were instructed to kill Mr Frimpong, who was said to have uncovered some fraudulent deals in the re-denomination exercise which incriminated some former top government officials.
The accused persons were said to have received between GH¢5,000 and GH¢15,000 for carrying out that assignment. Counsel for the soldiers, Mr Joe Aboagye Debrah, has described the prosecution’s case as “concocted pack of lies,” and maintained that “at the appropriate time their innocence would be proven”.
The soldiers — Sergeants Michael Arthur, Richard Somuah and Lamptey Haizel and Corporals Charles Ankumah and Emmanuel Antwi — have accordingly been charged with two counts of conspiracy and murder.
They were yesterday arraigned at the Osu District Magistrate’s Court, presided over by Mr Emmanuel Bart Brew Plange, and were remanded in prison custody to re-appear on January 22, 2010.
Their pleas have not been taken.
Presenting the facts of the case, Assistant Superintendent of Police (ASP) Patrick A. Morkeh, told the court that the five were recruited by their superior officer (name not provided in court) at the 64 Infantry Battalion to eliminate Mr Frimpong, who was said to have uncovered the rot involving some top-ranking government officials.
According to the prosecution, the soldiers were instructed to kill Mr Frimpong to prevent the said government officials from being exposed.
The prosecution said for their reward, they were allegedly given between GH¢5,000 and GH¢15,000. Four of the soldiers, according to the prosecution, admitted receiving the moneys for unexplained reasons but not for the murder of Mr Frimpong.
It said the other one claimed he never received any money.
Mr Morkeh prayed the court to remand the accused persons, since investigations were ongoing.
Reacting to the prosecution’s assertions, counsel for the soldiers maintained that his clients were innocent, adding that he would prove the innocence of the accused in due course.
Mr Debrah explained that his clients reported for work because they knew they had not committed any offence only to end up being picked up by security operatives.
He described the accused persons as “young soldiers who have dedicated themselves to the service of the country. It is unfortunate this is happening to them”.
Counsel argued that it was strange for the state to accuse the soldiers of murdering Mr Frimpong when some civilians had been arrested, investigated and the docket on their case forwarded to the Attorney-General’s office for advice over the same issue.
Mr Debrah explained that the moneys given to the soldiers were ex gratia payments the previous government made to some security officers for their dedicated service to the country.
“I have absolute confidence that the soldiers are innocent of all allegations and we would prove it in the course of the trial,” counsel added.
The soldiers were picked up barely 72 hours after the Human Rights Court, presided over by Ms Charity Irene Danquah, had ordered their immediate release from the Bureau of National Investigations (BNI) custody.
On December 15, 2009, the court ordered the release of the five after defence lawyers had argued that their clients’ continued detention was a flagrant abuse of their human rights, as enshrined in the 1992 Constitution, especially when the BNI failed to give a tangible reason for their continued detention.
Upholding submissions of defence counsel, the court held that it was wrong for the BNI to keep the soldiers at an undisclosed place for more than 48 hours without a court order and without telling the soldiers which offence they were being held for.
The five were picked up between November 12 and 14, 2009 to an undisclosed location, prompting their spouses to file an application for habeas corpus. Habeas corpus, a Latin phrase, is a legal action through which a person can seek relief from unlawful detention or that of another person.
The application was expected to be heard on December 2, 2009, but the state secured the remand of the soldiers on December 1, 2009 at the Accra Circuit Court.
But the court disapproved of the action of the BNI and said it was unfortunate for the BNI to claim it did not know it was unlawful to continuously detain the accused without a court order.
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