March 17, 2011 (Front page)
THE Supreme Court yesterday prohibited the trial judge in the case of the three soldiers who are alleged to have murdered Alhaji Issa Mobilla from further hearing the case.
The court, accordingly, quashed the decision of Mr Justice Senyo Dzamefe to continue sitting on the case after the foreman of the seven-member jury had been replaced due to ill-health.
In a unanimous decision, the court, presided over by Professor Dr Justice Date Bah, with Mrs Justice Sophia Adinyira, Mr Justice Annin Yeboah, Mr Justice B. T. Aryeetey and Mr Justice S. Gbadegbe as panel members, held that the trial judge lacked jurisdiction to hear afresh the suit against the accused persons after he was elevated to the Court of Appeal.
According to the court, the trial judge had the authority to hear only part-heard cases and for that reason his decision to continue hearing the case after the foreman of the jurors had been replaced as a result of ill-health was wrong in law.
It, accordingly, upheld a motion filed on behalf of the soldiers by their counsel, Mr Thaddeus Sory, who prayed the court to prohibit the trial judge because he had no mandate.
According to the applicants, the trial judge’s continuous hearing of the case would be unconstitutional.
The applicants further argued that the trial judge had also exhibited bias against them and for that reason they could not be guaranteed a fair trial.
Two of the soldiers, Corporal Yaw Appiah and Private Eric Modzaka, who were clad in white shirts were present in court.
The third accused person, Private Seth Goka, is currently on the run.
The three have been charged with two counts of conspiracy and murder. Appiah and Modzaka, who are currently in custody, have pleaded not guilty to the charges.
Before the ruling, the court enquired from a Chief State Attorney, Mr Rexford Wiredu, who stood in for the substantive prosecutor in the case, whether or not the Chief Justice had permitted the trial judge to hear the case afresh.
The following transpired between the panel members and Mr Wiredu.
Prof Dr Justice Date Bah: Any basis for him (trial judge) to continue hearing the case?
Mr Wiredu: Yes
Prof Dr Justice Date Bah: Where is the evidence? Refer it to us.
Mr Wiredu: It is in a letter.
Mrs Justice Adinyira: In all your statements of case, there was no reference to any letter from the Chief Justice authorising the trial judge to hear the case afresh. So where are you going to get the letter from?
Mr Wiredu: I concede that the trial judge had no authority from the Chief Justice to start the case afresh. (He stated that after he had groped through the filed documents and realised there was no letter from the Chief Justice authorising the trial judge to hear the case afresh after a new juror had been sworn in.)
Meanwhile, the substantive case at the Fast Track High Court has been adjourned to March 24, 2011.
The three soldiers were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
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 claimed that they 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 in military custody 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 was sent to the hospital dead and that he died from multiple wounds.
Thursday, March 17, 2011
Lottery Authority drags Airtel to court
March 16, 2011 (Page 3 Lead)
THE National Lottery Authority (NLA) has dragged Airtel Ghana Limited, a mobile telecommunications network, to court over Airtel’s “freedom to dream” promotion which is currently being run in the media.
Joined in the suit is the National Communications Authority (NCA).
The NLA is praying the Accra Fast Track High Court to grant an interim injunction to restrain Airtel and its agents from promoting, sponsoring and advertising the ongoing purported promotion or engage in a game of chance or lottery in any form.
The writ of summons is also praying the court to order the NCA to exercise its statutory mandate under the National Communications Authority Act of 2008, Act 769, and the Electronics Communications Act, 2008, Act 776, to develop guidelines for marketing promotions by mobile network operators in accordance with international best practices of telecommunications in other jurisdictions in order to protect consumer interest and prevent illegal activity disguised as marketing promotions.
The plaintiff is further praying the court to restrain Airtel and its agents from allowing Airtel’s mobile network platform to be used by third parties to promote, conduct, run and advertise illegal lotteries or games of chance disguised as marketing promotions, including the ongoing “Crack the Safe and Win”.
Under the promotion, which is running from February to the end of March 2011, Airtel subscribers must, among other things, either activate a new SIM card or purchase and load top-up airtime with minimum cash value of GH¢2 or usage of minimum of 50Gp airtime, all within a 24-hour period, to enable participants to win a broad range of cash rewards and a grand draw prize of GH¢400,000.
The NLA is, accordingly, praying the court to declare that Airtel’s “freedom to dream” promotion is not a promotion but, in fact and in law, a lottery which is prohibited by Section 4 of the National Lottery Act of 2006 (Act 722).
It is also urging the court to declare that Airtel’s operation of lottery without the requisite statutory licence is illegal and unlawful because Airtel has failed to comply with the mandatory statutory provision of Section 4 of Act 722.
The NLA is also asking the court to declare that Airtel has committed a crime, as provided by the National Lotto Act and the Gaming Act of 2006, Act 721, by engaging in lottery and or games of chance without a statutory licence.
The plaintiff is praying the court to order Airtel to account for all proceeds and payments it has received from participating subscribers from the start of the promotion till the date of the cessation of the said promotion.
The plaintiff is further praying the court for a permanent injunction to restrain Airtel and its agents from promoting, sponsoring and marketing “freedom to dream” and “crack the safe and win” lottery game, together with other illegal lottery games or games of chance disguised as marketing promotions and now being or about to be implemented, sponsored and promoted.
Under the writ of summons, the NLA is asking for general and special damages, cost and any other relief the court may deem fit.
With regard to the NCA, the NLA is asking the court to declare that it is the statutory function and duty of the NCA to classify communication services provided under the mobile network and, therefore, statutorily bound to determine whether Airtel’s purported promotions could pass as value added services or permissible communications or marketing services under the National Communications Authority Act of 2008, Act 769.
The plaintiff is urging the court to declare that the NCA had the statutory and regulatory authority and responsibility to restrain Airtel from sponsoring and promoting the “freedom to dream” promotion and all other illegal lotteries and or games of chance which are disguised as marketing promotions in order to protect the rights and interests of the millions of consumers who unknowingly participate in illegal lottery.
The NLA is further praying the court to direct the NCA to take regulatory steps to protect the consumer interest of millions of mobile network subscribers who unwittingly participate in the illegal lottery, as well as grant any other relief it deems fit.
THE National Lottery Authority (NLA) has dragged Airtel Ghana Limited, a mobile telecommunications network, to court over Airtel’s “freedom to dream” promotion which is currently being run in the media.
Joined in the suit is the National Communications Authority (NCA).
The NLA is praying the Accra Fast Track High Court to grant an interim injunction to restrain Airtel and its agents from promoting, sponsoring and advertising the ongoing purported promotion or engage in a game of chance or lottery in any form.
The writ of summons is also praying the court to order the NCA to exercise its statutory mandate under the National Communications Authority Act of 2008, Act 769, and the Electronics Communications Act, 2008, Act 776, to develop guidelines for marketing promotions by mobile network operators in accordance with international best practices of telecommunications in other jurisdictions in order to protect consumer interest and prevent illegal activity disguised as marketing promotions.
The plaintiff is further praying the court to restrain Airtel and its agents from allowing Airtel’s mobile network platform to be used by third parties to promote, conduct, run and advertise illegal lotteries or games of chance disguised as marketing promotions, including the ongoing “Crack the Safe and Win”.
Under the promotion, which is running from February to the end of March 2011, Airtel subscribers must, among other things, either activate a new SIM card or purchase and load top-up airtime with minimum cash value of GH¢2 or usage of minimum of 50Gp airtime, all within a 24-hour period, to enable participants to win a broad range of cash rewards and a grand draw prize of GH¢400,000.
The NLA is, accordingly, praying the court to declare that Airtel’s “freedom to dream” promotion is not a promotion but, in fact and in law, a lottery which is prohibited by Section 4 of the National Lottery Act of 2006 (Act 722).
It is also urging the court to declare that Airtel’s operation of lottery without the requisite statutory licence is illegal and unlawful because Airtel has failed to comply with the mandatory statutory provision of Section 4 of Act 722.
The NLA is also asking the court to declare that Airtel has committed a crime, as provided by the National Lotto Act and the Gaming Act of 2006, Act 721, by engaging in lottery and or games of chance without a statutory licence.
The plaintiff is praying the court to order Airtel to account for all proceeds and payments it has received from participating subscribers from the start of the promotion till the date of the cessation of the said promotion.
The plaintiff is further praying the court for a permanent injunction to restrain Airtel and its agents from promoting, sponsoring and marketing “freedom to dream” and “crack the safe and win” lottery game, together with other illegal lottery games or games of chance disguised as marketing promotions and now being or about to be implemented, sponsored and promoted.
Under the writ of summons, the NLA is asking for general and special damages, cost and any other relief the court may deem fit.
With regard to the NCA, the NLA is asking the court to declare that it is the statutory function and duty of the NCA to classify communication services provided under the mobile network and, therefore, statutorily bound to determine whether Airtel’s purported promotions could pass as value added services or permissible communications or marketing services under the National Communications Authority Act of 2008, Act 769.
The plaintiff is urging the court to declare that the NCA had the statutory and regulatory authority and responsibility to restrain Airtel from sponsoring and promoting the “freedom to dream” promotion and all other illegal lotteries and or games of chance which are disguised as marketing promotions in order to protect the rights and interests of the millions of consumers who unknowingly participate in illegal lottery.
The NLA is further praying the court to direct the NCA to take regulatory steps to protect the consumer interest of millions of mobile network subscribers who unwittingly participate in the illegal lottery, as well as grant any other relief it deems fit.
Four charged with robbery
March 15, 2011 (Page 3 Lead)
FOUR persons were yesterday arraigned before the Accra Fast Track High Court charged with conspiracy and robbery.
The four — Wise Grey, Kwabena Richard, Abbas Baba and Paul Owusu, alias School Fees — were remanded till March 28, 2011.
The accused persons were alleged to have acted together to rob a Nigerian businessman of his GH¢150, five laptops, a wristwatch and a vehicle on June 12, 2009.
The four pleaded not guilty to two counts of conspiracy and robbery.
Prosecuting, a Senior State Attorney, Mr John Tulasi Ofori, told the court that the accused persons entered the complainant’s residence and robbed him of his items at gunpoint.
Owusu was alleged to have snatched the car keys of the complainant and sped off with his vehicle, but the complainant managed to give them a hot chase, resulting in Owusu’s arrest.
Kwabena, Grey and Abbas, however, managed to escape in a taxi.
According to the prosecution, Owusu led the police to arrest Grey and Kwabena at Nungua, while Abbas was apprehended when he embarked on another robbery expedition.
The prosecutor prayed the court to give a short adjournment because the complainant was out of the jurisdiction.
Before the facts could be read, Owusu raised up his hand and said he had something to tell the court, to which the court obliged.
According to Owusu, he had been in custody for a year and eight months, although he had not committed any crime.
The judge, however, reminded him that investigators alleged that he (Owusu) was part of the robbery and for that reason he should be patient and allow the law to take its course.
FOUR persons were yesterday arraigned before the Accra Fast Track High Court charged with conspiracy and robbery.
The four — Wise Grey, Kwabena Richard, Abbas Baba and Paul Owusu, alias School Fees — were remanded till March 28, 2011.
The accused persons were alleged to have acted together to rob a Nigerian businessman of his GH¢150, five laptops, a wristwatch and a vehicle on June 12, 2009.
The four pleaded not guilty to two counts of conspiracy and robbery.
Prosecuting, a Senior State Attorney, Mr John Tulasi Ofori, told the court that the accused persons entered the complainant’s residence and robbed him of his items at gunpoint.
Owusu was alleged to have snatched the car keys of the complainant and sped off with his vehicle, but the complainant managed to give them a hot chase, resulting in Owusu’s arrest.
Kwabena, Grey and Abbas, however, managed to escape in a taxi.
According to the prosecution, Owusu led the police to arrest Grey and Kwabena at Nungua, while Abbas was apprehended when he embarked on another robbery expedition.
The prosecutor prayed the court to give a short adjournment because the complainant was out of the jurisdiction.
Before the facts could be read, Owusu raised up his hand and said he had something to tell the court, to which the court obliged.
According to Owusu, he had been in custody for a year and eight months, although he had not committed any crime.
The judge, however, reminded him that investigators alleged that he (Owusu) was part of the robbery and for that reason he should be patient and allow the law to take its course.
Suspected robbers remanded
March 12, 2011 (Page 3 Lead)
SIX alleged robbers who were among the 28 suspected robbers picked up by the Greater Accra Regional Police Command were yesterday remanded in custody by the Accra Circuit Court.
Gabriel Kwadwo Agyemang, 20; Ernest Acheampong, 20; Peter Akakpo, 17; Danladi Seidu Grumah, 18; Vincent Agbetoglo, 20, and Robert Tawiah, 17, are alleged to have embarked on a robbery spree at Agbogba, a suburb of Accra, and the Valley View University (VVU) on March 2, 2011 and in the process attacked and robbed a family and students of the university.
They pleaded not guilty to two counts of conspiracy and robbery and will reappear on March 23, 2011.
Prosecuting, Assistant Superintendent of Police Mr Agyemang Reindoff told the court, presided over by Mr Eric Kyei-Baffour, that around 11.30 p.m. on March 2, 2011 the accused, at gunpoint, attacked a real estate consultant and his family at Agbogba and in the process took away a Toyota Matrix vehicle, valued at GH¢60,000, a 32-inch flat screen television set, valued at GH¢1,000, GH¢1,030 cash and three cellular phones valued at GH¢265.
From the real estate consultant's house, the accused drove the Toyota Matrix to the VVU and robbed students there of various items, including laptops.
The students managed to raise an alarm and in the process Tawiah was arrested. The others, however, escaped.
Tawiah later led the police to arrest his accomplices at their hideout.
According to Mr Agyemang, the six accused persons admitted the offence in their statements to the police and stated that they had sold the items they took from their victims to someone they only named as Gideon at the Kwame Nkrumah Circle in Accra.
The prosecution said efforts were underway to arrest the said Gideon, who is currently on the run.
The court, however, directed that Akakpo and Tawiah be kept in a juvenile facility.
It also directed that the Toyota Matrix retrieved from the six be returned to its owner.
SIX alleged robbers who were among the 28 suspected robbers picked up by the Greater Accra Regional Police Command were yesterday remanded in custody by the Accra Circuit Court.
Gabriel Kwadwo Agyemang, 20; Ernest Acheampong, 20; Peter Akakpo, 17; Danladi Seidu Grumah, 18; Vincent Agbetoglo, 20, and Robert Tawiah, 17, are alleged to have embarked on a robbery spree at Agbogba, a suburb of Accra, and the Valley View University (VVU) on March 2, 2011 and in the process attacked and robbed a family and students of the university.
They pleaded not guilty to two counts of conspiracy and robbery and will reappear on March 23, 2011.
Prosecuting, Assistant Superintendent of Police Mr Agyemang Reindoff told the court, presided over by Mr Eric Kyei-Baffour, that around 11.30 p.m. on March 2, 2011 the accused, at gunpoint, attacked a real estate consultant and his family at Agbogba and in the process took away a Toyota Matrix vehicle, valued at GH¢60,000, a 32-inch flat screen television set, valued at GH¢1,000, GH¢1,030 cash and three cellular phones valued at GH¢265.
From the real estate consultant's house, the accused drove the Toyota Matrix to the VVU and robbed students there of various items, including laptops.
The students managed to raise an alarm and in the process Tawiah was arrested. The others, however, escaped.
Tawiah later led the police to arrest his accomplices at their hideout.
According to Mr Agyemang, the six accused persons admitted the offence in their statements to the police and stated that they had sold the items they took from their victims to someone they only named as Gideon at the Kwame Nkrumah Circle in Accra.
The prosecution said efforts were underway to arrest the said Gideon, who is currently on the run.
The court, however, directed that Akakpo and Tawiah be kept in a juvenile facility.
It also directed that the Toyota Matrix retrieved from the six be returned to its owner.
The PNC court case • High Court quashes decision
March 11, 2011 (Page 3 Lead)
THE Accra Fast Track High Court yesterday quashed the decision of the Adjabeng District Magistrate’s Court which remanded three executives of the People's National Convention (PNC) into police custody.
According to the High Court, it was wrong in law for the district court to revoke a bail it (district court) had earlier granted to the accused persons because it had no jurisdiction to do so.
The lower court had, on February 24, 2011, remanded Baba G. Seidu and Ahmed Gado who had appeared before it on the grounds that they had flouted the court's order.
On March 3, 2011, it declined to renew its orders that revoked the bail granted to the accused persons and, accordingly, remanded a third accused person, Dr Somtim Tobiga, who was absent on February 24, after revoking his bail.
On February 24, 2011, the presiding District Magistrate, Mrs Faustina Mary Addington, after revoking their bail, had further ordered the agents, assigns and workmen of the accused persons to vacate the premises until the final determination of the case.
However, the Fast Track High Court, presided over by Mr Justice Charles Quist, after hearing a bail application filed by counsel for the accused persons, indicated that the lower court should have committed the accused persons to the High Court for contempt of court if the court where the accused persons were standing trial for stealing and causing harm felt it had been slighted in any way.
It, accordingly, revoked the lower court’s decision to remand the accused persons and granted them bail in the sum of GH1,000 with a surety each.
The higher court’s bail terms were softer than those of the lower court, which granted a GH¢4,000 bail each to Dr Tobiga and Seidu, with two sureties each, one each to be justified. The lower court had granted Gado a GH¢3,000 bail with two sureties, one to be justified.
The accused persons were absent in court but their family members and sympathisers trooped the courtroom in their numbers to listen to the court’s decision.
They left the courtroom in a cheerful mood after the court had revoked the decision of the district court.
Earlier, counsel for the accused persons had prayed the court to grant the three bail on the grounds that the district court exceeded its mandate when it revoked the bail for the accused persons.
According to counsel, it was wrong for the lower court judge to entertain Captain Nkrabeah Effah-Dartey (retd), who had posed as “holding and watching brief” for the complainants in the case and thereby succeeded in convincing the lower court to do an illegality.
Counsel argued that Capt Effah-Dartey did not have any legal backing to stand before the lower court to demand the incarceration of the accused persons because he was not the prosecutor in the case and also did not have express permission from the Attorney-General to do that.
A representative from the Attorney-General’s Office, Mrs Dora Quaye, said her outfit’s concern was the non-compliance by the accused persons with the lower court’s orders.
She, however, prayed the court to use its discretion in granting bail to the accused persons.
On February 24, 2011, the bail granted to the accused persons had been revoked by the court after Capt Effah-Dartey had informed it that the accused persons had flouted its orders.
According to him, the accused persons were still occupying the PNC's offices, despite the orders of the court made on January 6, 2011 that they should vacate them.
Capt Effah-Dartey, therefore, prayed the court to revoke the bail by sending them back to custody until they complied with the orders of the court.
THE Accra Fast Track High Court yesterday quashed the decision of the Adjabeng District Magistrate’s Court which remanded three executives of the People's National Convention (PNC) into police custody.
According to the High Court, it was wrong in law for the district court to revoke a bail it (district court) had earlier granted to the accused persons because it had no jurisdiction to do so.
The lower court had, on February 24, 2011, remanded Baba G. Seidu and Ahmed Gado who had appeared before it on the grounds that they had flouted the court's order.
On March 3, 2011, it declined to renew its orders that revoked the bail granted to the accused persons and, accordingly, remanded a third accused person, Dr Somtim Tobiga, who was absent on February 24, after revoking his bail.
On February 24, 2011, the presiding District Magistrate, Mrs Faustina Mary Addington, after revoking their bail, had further ordered the agents, assigns and workmen of the accused persons to vacate the premises until the final determination of the case.
However, the Fast Track High Court, presided over by Mr Justice Charles Quist, after hearing a bail application filed by counsel for the accused persons, indicated that the lower court should have committed the accused persons to the High Court for contempt of court if the court where the accused persons were standing trial for stealing and causing harm felt it had been slighted in any way.
It, accordingly, revoked the lower court’s decision to remand the accused persons and granted them bail in the sum of GH1,000 with a surety each.
The higher court’s bail terms were softer than those of the lower court, which granted a GH¢4,000 bail each to Dr Tobiga and Seidu, with two sureties each, one each to be justified. The lower court had granted Gado a GH¢3,000 bail with two sureties, one to be justified.
The accused persons were absent in court but their family members and sympathisers trooped the courtroom in their numbers to listen to the court’s decision.
They left the courtroom in a cheerful mood after the court had revoked the decision of the district court.
Earlier, counsel for the accused persons had prayed the court to grant the three bail on the grounds that the district court exceeded its mandate when it revoked the bail for the accused persons.
According to counsel, it was wrong for the lower court judge to entertain Captain Nkrabeah Effah-Dartey (retd), who had posed as “holding and watching brief” for the complainants in the case and thereby succeeded in convincing the lower court to do an illegality.
Counsel argued that Capt Effah-Dartey did not have any legal backing to stand before the lower court to demand the incarceration of the accused persons because he was not the prosecutor in the case and also did not have express permission from the Attorney-General to do that.
A representative from the Attorney-General’s Office, Mrs Dora Quaye, said her outfit’s concern was the non-compliance by the accused persons with the lower court’s orders.
She, however, prayed the court to use its discretion in granting bail to the accused persons.
On February 24, 2011, the bail granted to the accused persons had been revoked by the court after Capt Effah-Dartey had informed it that the accused persons had flouted its orders.
According to him, the accused persons were still occupying the PNC's offices, despite the orders of the court made on January 6, 2011 that they should vacate them.
Capt Effah-Dartey, therefore, prayed the court to revoke the bail by sending them back to custody until they complied with the orders of the court.
Court hears PNC bail application tomorrow
March 9, 2011 (Centre Spread)
THE Accra Fast-Track High Court will tomorrow hear a bail application filed by three executives of the People's National Convention (PNC) who were remanded in custody by the Adjabeng District Magistrate’s Court on February 14, 2011.
The court last Thursday said it would not renew its orders that revoked the bail granted to three members of the PNC accused of breaking into the party's headquarters.
Baba Ghana Seidu and Ahmed Gado, who appeared before the court on February 24, had their bail revoked because they had flouted the court's order.
On March 3, 2011, a third accused person, Dr Somtim Tobiga, who was absent on February 24, also had his bail revoked.
The presiding magistrate, Mrs Faustina Mary Addington, after revoking their bail, further ordered the agents, assigns and workmen of the accused persons to vacate the premises until the final determination of the case.
According to the court, it had not received from the High Court any application that enjoined the accused persons to flout the orders.
When the matter was called at the High Court in Accra yesterday, a representative of the Attorney-General's Office, Mrs Dora Quaye, informed the court that her outfit was short served with the motion and, therefore, needed a short adjournment in order to study the bail application.
The court, presided over by Mr Justice Charles Quist, accordingly adjourned the case to March 10, 2011 to enable the A-G's Office to respond appropriately.
The three executives were absent from court but their relatives and sympathisers thronged the court premises in their numbers.
Dr Tobiga, Seidu and Gado are standing trial on charges of stealing and causing harm.
The magistrate’s court had earlier granted a GH¢4,000 bail each to Dr Tobiga and Seidu.
Gado, the third accused person, who also denied the charges, was granted a GH¢3,000 bail with two sureties, one of whom was to be justified by the court.
The bail was revoked by the court after Captain Nkrabeah Effah-Dartey (retd) had informed it that the accused persons had flouted its orders.
According to him, the accused persons were still occupying the party's offices, despite the orders of the court made on January 6, 2011 that they should vacate them.
Capt. Effah-Dartey, therefore, prayed the court to revoke the bail by sending them back to custody until they complied with the orders of the court.
THE Accra Fast-Track High Court will tomorrow hear a bail application filed by three executives of the People's National Convention (PNC) who were remanded in custody by the Adjabeng District Magistrate’s Court on February 14, 2011.
The court last Thursday said it would not renew its orders that revoked the bail granted to three members of the PNC accused of breaking into the party's headquarters.
Baba Ghana Seidu and Ahmed Gado, who appeared before the court on February 24, had their bail revoked because they had flouted the court's order.
On March 3, 2011, a third accused person, Dr Somtim Tobiga, who was absent on February 24, also had his bail revoked.
The presiding magistrate, Mrs Faustina Mary Addington, after revoking their bail, further ordered the agents, assigns and workmen of the accused persons to vacate the premises until the final determination of the case.
According to the court, it had not received from the High Court any application that enjoined the accused persons to flout the orders.
When the matter was called at the High Court in Accra yesterday, a representative of the Attorney-General's Office, Mrs Dora Quaye, informed the court that her outfit was short served with the motion and, therefore, needed a short adjournment in order to study the bail application.
The court, presided over by Mr Justice Charles Quist, accordingly adjourned the case to March 10, 2011 to enable the A-G's Office to respond appropriately.
The three executives were absent from court but their relatives and sympathisers thronged the court premises in their numbers.
Dr Tobiga, Seidu and Gado are standing trial on charges of stealing and causing harm.
The magistrate’s court had earlier granted a GH¢4,000 bail each to Dr Tobiga and Seidu.
Gado, the third accused person, who also denied the charges, was granted a GH¢3,000 bail with two sureties, one of whom was to be justified by the court.
The bail was revoked by the court after Captain Nkrabeah Effah-Dartey (retd) had informed it that the accused persons had flouted its orders.
According to him, the accused persons were still occupying the party's offices, despite the orders of the court made on January 6, 2011 that they should vacate them.
Capt. Effah-Dartey, therefore, prayed the court to revoke the bail by sending them back to custody until they complied with the orders of the court.
'Former Director couldn't sanction contract'
March 9, 2011 (Page 3 Lead)
A prosecution witness in the GH¢86,915.85 contract for renovation works at the Ministry of Information yesterday said a former director, who is also an accused person, did not have the authority to sanction the award of the contract.
According to Mr Godfred Agyapong, the Head of Audit at the Bureau of National Investigations (BNI), Kofi Asamoah-Boateng, who was the Head of Finance and Administration at the Ministry of Information, had ceased to be an employee of the Civil Service as of July 31, 2008 and, therefore, did not have the legal capacity to award the contract on October 16, 2008.
Kofi Asamoah-Boateng is standing trial with a former Minister at the Ministry of Information, Stephen Asamoah-Boateng; Zuleika Asamoah-Boateng, the wife of Mr Asamoah-Boateng; Frank Agyekum, a former Deputy Minister at the ministry; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity.
They have been charged with contravening the Procurement Act. They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents 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, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Led by a Chief State Attorney, Mr Anthony Gyambiby, to give his evidence-in-chief, Mr Agyapong said Kofi Asamoah-Boateng, who was then the Director of Finance and Administration at the Ministry of Tourism, could not give the investigative team documents to prove he was legally appointed by the Office of the Head of the Civil Service to head the Finance and Administration Department of the Ministry of Information.
The witness read another letter which quoted Kofi Asamoah-Boateng as retiring from the Civi Service with effect from October 15, 2008 to enable him to contest the Offinso parliamentary seat as an independent candidate.
The defence team had objected to the tendering of three letters, namely, one written by Mr Stephen Asamoah-Boateng requesting the Head of the Civil Service to renew Kofi’s contract for another year; a response from the then Chief Director at the Office of the Head of the Civil Service, as well as Kofi's letter of resignation, but the court overruled the objection.
According to Mr Agyapong, Kofi Asamoah-Boateng signed the contract letter a day after he had resigned from a position he never had the legal mandate to head.
Hearing continues today.
A prosecution witness in the GH¢86,915.85 contract for renovation works at the Ministry of Information yesterday said a former director, who is also an accused person, did not have the authority to sanction the award of the contract.
According to Mr Godfred Agyapong, the Head of Audit at the Bureau of National Investigations (BNI), Kofi Asamoah-Boateng, who was the Head of Finance and Administration at the Ministry of Information, had ceased to be an employee of the Civil Service as of July 31, 2008 and, therefore, did not have the legal capacity to award the contract on October 16, 2008.
Kofi Asamoah-Boateng is standing trial with a former Minister at the Ministry of Information, Stephen Asamoah-Boateng; Zuleika Asamoah-Boateng, the wife of Mr Asamoah-Boateng; Frank Agyekum, a former Deputy Minister at the ministry; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity.
They have been charged with contravening the Procurement Act. They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents 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, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Led by a Chief State Attorney, Mr Anthony Gyambiby, to give his evidence-in-chief, Mr Agyapong said Kofi Asamoah-Boateng, who was then the Director of Finance and Administration at the Ministry of Tourism, could not give the investigative team documents to prove he was legally appointed by the Office of the Head of the Civil Service to head the Finance and Administration Department of the Ministry of Information.
The witness read another letter which quoted Kofi Asamoah-Boateng as retiring from the Civi Service with effect from October 15, 2008 to enable him to contest the Offinso parliamentary seat as an independent candidate.
The defence team had objected to the tendering of three letters, namely, one written by Mr Stephen Asamoah-Boateng requesting the Head of the Civil Service to renew Kofi’s contract for another year; a response from the then Chief Director at the Office of the Head of the Civil Service, as well as Kofi's letter of resignation, but the court overruled the objection.
According to Mr Agyapong, Kofi Asamoah-Boateng signed the contract letter a day after he had resigned from a position he never had the legal mandate to head.
Hearing continues today.
EXOPA BOSS IN THE CAN • Gets 15 years for trafficking coke
Friday, March 4, 2011 (Lead Story)
THE Accra Fast Track High Court yesterday sentenced the Chief Executive of Exopa Modelling Agency, Ibrahim Sima, to 15 years’ imprisonment for possessing and attempting to export 4.9 kilogrammes of cocaine concealed in four tubers of yam.
The defence team had expected the court to fix a date for judgement when the case was called but the trial judge, Mr Justice Charles Quist, sprang a surprise when he pulled a heavy document around 10:17 a.m. and stated, “This is the judgement of the court.”
Counsel for Sima, Mr James Agalga, who was obviously surprised with the judge’s statement, stood on his feet to enquire whether he had heard the judge correctly, to which the judge replied, “I have received the final addresses of all parties in the case and, therefore, was able to write my judgement.”
In its judgement, which lasted an hour and 20 minutes, the court held that the prosecution was able to prove that the convict had cocaine in his possession, attempted to export the cocaine and knew the content of the four tubers of yam in which he had concealed the cocaine.
Sima, 39, was arrested at the Kotoka International Airport (KIA) on September 7, 2009 after officials of the Narcotics Control Board (NACOB) found four tubers of yam containing cocaine in his baggage while he was going through departure formalities to embark on a trip to Germany.
The convict, who stared flat at the trial judge while the latter read his judgement, was convicted on two counts of possessing narcotic drugs without lawful authority and attempting to export narcotic drugs without licence.
The sentences are to run concurrently. The court was, however, silent on whether the sentence should begin from the day Sima was arrested. In effect, his sentence takes immediate effect.
There was dead silence in the courtroom after the judge had sentenced the convict, who looked indifferent. He was whisked away immediately after the sentence.
Sima’s family members wept uncontrollably outside the courtroom, while some young men who wore T-shirts with Sima’s picture embossed on them looked pensive and shocked.
Sima’s lawyer, who said he was yet to receive instructions from Sima on what to do next, consoled some of the family members.
The court held that the prosecution was able to prove that Sima, a frequent traveller who travelled 49 times between May 19, 2007 and September 7, 2009, knew all the security procedures at the airport but deliberately dodged NACOB and the Customs, Excise and Preventive Service (CEPS) “to avoid the prying eyes of NACOB/CEPS officials”.
It further held that the convict deliberately put one tuber of yam which did not contain cocaine in his hand luggage to outwit security officials.
It also held that the prosecution was able to prove that Sima freely and without duress admitted ownership of the four tubers of yam, as well as admitting using a knife to cut open, a scraper to scoop and glue to re-seal the yam after stuffing the produce with cocaine.
The trial judge held that Sima admitted ownership of the yams in his statements and that nowhere in the statements which he gave in the presence of his lawyer and independent witnesses did he state that he had confessed under duress.
Touching on Sima’s turn-around defence which stated, among others, that he had admitted ownership of the drugs to avoid being beaten by security officers, the court described the story as “a ruse meant to throw dust in the eyes of the court”.
Also touching on the convict’s testimony that the zip of his bag was tampered with, the court held that that was “usually a subterfuge usually used by suspects who are arrested for possessing cocaine”.
The defence put up “by the accused person does not raise reasonable doubt in my mind. I am fully satisfied with the evidence led by the prosecution. I, therefore, convict the accused person on both counts,” the judge said.
According to the presiding judge, the prosecution was able to prove the guilt of the convict beyond reasonable doubt, adding that “the prosecution proved that the accused person identified the bag containing the narcotic drugs as his, opened the bag which had a combination key, as well as identified the clothes and tubers of yam containing the cocaine as his”.
Touching on the charge of possessing narcotic drugs without lawful authority, the court held that it was abundantly clear that the yams were found in Sima’s bag which he (Sima) had admitted belonged to him.
It said it was also clear from the prosecution’s evidence that the convict did not have any licence to export the narcotic drug.
The court also added that it was fully satisfied with the Ghana Standards Board (GSB), which indicated that the substance found on Sima tested positive for cocaine after a field test had been conducted in his (Sima’s) presence on September 7, 2009.
The test also proved that the substance he had stuffed in the tubers of yam tested positive for cocaine.
After his client was convicted on both counts, Mr Agalga prayed the court to tamper justice with mercy because his client was an accomplished businessman who was also a role model to the youth.
He prayed the court to give his client the minimum sentence of 10 years because his client was a first-time offender.
However, a Chief State Attorney, Mr George Ofori, who prosecuted the case, also prayed the court to take into account the fact that Sima was a famous person whom the youth looked up to and for that reason it was important for the court to send a sound warning to the youth and posterity that crime did not pay.
“The state is asking for a punitive and deterrent sentence,” Mr Ofori added.
THE Accra Fast Track High Court yesterday sentenced the Chief Executive of Exopa Modelling Agency, Ibrahim Sima, to 15 years’ imprisonment for possessing and attempting to export 4.9 kilogrammes of cocaine concealed in four tubers of yam.
The defence team had expected the court to fix a date for judgement when the case was called but the trial judge, Mr Justice Charles Quist, sprang a surprise when he pulled a heavy document around 10:17 a.m. and stated, “This is the judgement of the court.”
Counsel for Sima, Mr James Agalga, who was obviously surprised with the judge’s statement, stood on his feet to enquire whether he had heard the judge correctly, to which the judge replied, “I have received the final addresses of all parties in the case and, therefore, was able to write my judgement.”
In its judgement, which lasted an hour and 20 minutes, the court held that the prosecution was able to prove that the convict had cocaine in his possession, attempted to export the cocaine and knew the content of the four tubers of yam in which he had concealed the cocaine.
Sima, 39, was arrested at the Kotoka International Airport (KIA) on September 7, 2009 after officials of the Narcotics Control Board (NACOB) found four tubers of yam containing cocaine in his baggage while he was going through departure formalities to embark on a trip to Germany.
The convict, who stared flat at the trial judge while the latter read his judgement, was convicted on two counts of possessing narcotic drugs without lawful authority and attempting to export narcotic drugs without licence.
The sentences are to run concurrently. The court was, however, silent on whether the sentence should begin from the day Sima was arrested. In effect, his sentence takes immediate effect.
There was dead silence in the courtroom after the judge had sentenced the convict, who looked indifferent. He was whisked away immediately after the sentence.
Sima’s family members wept uncontrollably outside the courtroom, while some young men who wore T-shirts with Sima’s picture embossed on them looked pensive and shocked.
Sima’s lawyer, who said he was yet to receive instructions from Sima on what to do next, consoled some of the family members.
The court held that the prosecution was able to prove that Sima, a frequent traveller who travelled 49 times between May 19, 2007 and September 7, 2009, knew all the security procedures at the airport but deliberately dodged NACOB and the Customs, Excise and Preventive Service (CEPS) “to avoid the prying eyes of NACOB/CEPS officials”.
It further held that the convict deliberately put one tuber of yam which did not contain cocaine in his hand luggage to outwit security officials.
It also held that the prosecution was able to prove that Sima freely and without duress admitted ownership of the four tubers of yam, as well as admitting using a knife to cut open, a scraper to scoop and glue to re-seal the yam after stuffing the produce with cocaine.
The trial judge held that Sima admitted ownership of the yams in his statements and that nowhere in the statements which he gave in the presence of his lawyer and independent witnesses did he state that he had confessed under duress.
Touching on Sima’s turn-around defence which stated, among others, that he had admitted ownership of the drugs to avoid being beaten by security officers, the court described the story as “a ruse meant to throw dust in the eyes of the court”.
Also touching on the convict’s testimony that the zip of his bag was tampered with, the court held that that was “usually a subterfuge usually used by suspects who are arrested for possessing cocaine”.
The defence put up “by the accused person does not raise reasonable doubt in my mind. I am fully satisfied with the evidence led by the prosecution. I, therefore, convict the accused person on both counts,” the judge said.
According to the presiding judge, the prosecution was able to prove the guilt of the convict beyond reasonable doubt, adding that “the prosecution proved that the accused person identified the bag containing the narcotic drugs as his, opened the bag which had a combination key, as well as identified the clothes and tubers of yam containing the cocaine as his”.
Touching on the charge of possessing narcotic drugs without lawful authority, the court held that it was abundantly clear that the yams were found in Sima’s bag which he (Sima) had admitted belonged to him.
It said it was also clear from the prosecution’s evidence that the convict did not have any licence to export the narcotic drug.
The court also added that it was fully satisfied with the Ghana Standards Board (GSB), which indicated that the substance found on Sima tested positive for cocaine after a field test had been conducted in his (Sima’s) presence on September 7, 2009.
The test also proved that the substance he had stuffed in the tubers of yam tested positive for cocaine.
After his client was convicted on both counts, Mr Agalga prayed the court to tamper justice with mercy because his client was an accomplished businessman who was also a role model to the youth.
He prayed the court to give his client the minimum sentence of 10 years because his client was a first-time offender.
However, a Chief State Attorney, Mr George Ofori, who prosecuted the case, also prayed the court to take into account the fact that Sima was a famous person whom the youth looked up to and for that reason it was important for the court to send a sound warning to the youth and posterity that crime did not pay.
“The state is asking for a punitive and deterrent sentence,” Mr Ofori added.
Case against National Security Co-ordinator, A-G • Hearing fixed for March 16
March 3, 2011 (Page 3 Lead)
HEARING of the case brought against the National Security Co-ordinator and the Attorney-General by 88 former operatives of the National Security Council over the non-payment of their end-of-service benefits has been fixed for March 16, 2011.
The High Court in Accra has, accordingly, directed the plaintiffs to serve the defendants with the necessary documents by the next adjourned date to enable hearing into the case to commence.
Counsel for the defendants, Nana Ato Dadzie, informed the court at its sitting in Accra yesterday that he had noticed that the plaintiffs had applied for application for direction on the issues to be set out for trial but the defendants had not received a copy of that application, as well as a copy of the plaintiffs’ response to his clients’ statement of defence.
He told the court that much as the defendants were committed to an expeditious trial, it was important for due process to be followed, saying that it was the duty of the plaintiffs to ensure that the defendants were duly served with the relevant documents.
The trial judge, Mr Justice E. F. Dzakpasu, accordingly directed the plaintiffs, whose lawyer was absent, to serve the defendants with the relevant documents to pave the way for a speedy trial.
In the substantive matter, the plaintiffs, who served during the previous administration, said their appointment was terminated because they were perceived to be political appointees, but the defendants had stated that the appointment of the plaintiffs was terminated because their services were no longer required and not because they were perceived as political appointees of the previous administration.
In a writ of summons accompanying the statement of claim, the plaintiffs are praying the High Court to declare that they (plaintiffs) were entitled to be paid their end-of-service benefits upon the termination of their appointment, in consonance with conditions governing their employment.
The writ of summons, titled Kenneth Gyan Kesse and 87 others versus the National Security Co-ordinator and the Attorney-General, is also praying the court to order the defendants to pay the plaintiffs their end-of-service benefits.
The statement said all the plaintiffs were Ghanaian citizens and were fully employed as regular staff of the National Security Council Secretariat in Accra and across the country.
It said all the plaintiffs were interviewed, examined and employed under the Securities and Intelligence Agencies Law of 1996.
It further stated that following the 2008 general election, which led to a change in the political administration of the country, their appointment was subsequently terminated and, in partial fulfilment of the conditions governing the termination of appointment, each of them was paid three months' salary.
According to the statement of claim, the plaintiffs petitioned the National Security Co-ordinator for the payment of their end-of-service benefits but the petition was ignored.
It said they then, through their solicitors, wrote letters claiming the payment of their end-of-service benefits but those letters also yielded no results.
It claimed it was obvious that until the court intervened, the defendants had no intention of meeting their demands.
The defendants admitted that the plaintiffs were paid three months' salary in lieu of notice of termination, adding that the said amount represented the full payment due plaintiffs in case of disengagement between the NSC and the plaintiffs.
They said the plaintiffs were not entitled to any end-of-service benefits, as alleged to be in their conditions of service.
The statement of defence further pointed out that the National Security Co-ordinator was not the proper person to be sued in the matter.
The defendants said they would, at the hearing, raise a preliminary legal point that the National Security Co-ordinator was not the proper person or body to be sued in the matter and would pray that the National Security Co-ordinator’s name be struck off the writ.
HEARING of the case brought against the National Security Co-ordinator and the Attorney-General by 88 former operatives of the National Security Council over the non-payment of their end-of-service benefits has been fixed for March 16, 2011.
The High Court in Accra has, accordingly, directed the plaintiffs to serve the defendants with the necessary documents by the next adjourned date to enable hearing into the case to commence.
Counsel for the defendants, Nana Ato Dadzie, informed the court at its sitting in Accra yesterday that he had noticed that the plaintiffs had applied for application for direction on the issues to be set out for trial but the defendants had not received a copy of that application, as well as a copy of the plaintiffs’ response to his clients’ statement of defence.
He told the court that much as the defendants were committed to an expeditious trial, it was important for due process to be followed, saying that it was the duty of the plaintiffs to ensure that the defendants were duly served with the relevant documents.
The trial judge, Mr Justice E. F. Dzakpasu, accordingly directed the plaintiffs, whose lawyer was absent, to serve the defendants with the relevant documents to pave the way for a speedy trial.
In the substantive matter, the plaintiffs, who served during the previous administration, said their appointment was terminated because they were perceived to be political appointees, but the defendants had stated that the appointment of the plaintiffs was terminated because their services were no longer required and not because they were perceived as political appointees of the previous administration.
In a writ of summons accompanying the statement of claim, the plaintiffs are praying the High Court to declare that they (plaintiffs) were entitled to be paid their end-of-service benefits upon the termination of their appointment, in consonance with conditions governing their employment.
The writ of summons, titled Kenneth Gyan Kesse and 87 others versus the National Security Co-ordinator and the Attorney-General, is also praying the court to order the defendants to pay the plaintiffs their end-of-service benefits.
The statement said all the plaintiffs were Ghanaian citizens and were fully employed as regular staff of the National Security Council Secretariat in Accra and across the country.
It said all the plaintiffs were interviewed, examined and employed under the Securities and Intelligence Agencies Law of 1996.
It further stated that following the 2008 general election, which led to a change in the political administration of the country, their appointment was subsequently terminated and, in partial fulfilment of the conditions governing the termination of appointment, each of them was paid three months' salary.
According to the statement of claim, the plaintiffs petitioned the National Security Co-ordinator for the payment of their end-of-service benefits but the petition was ignored.
It said they then, through their solicitors, wrote letters claiming the payment of their end-of-service benefits but those letters also yielded no results.
It claimed it was obvious that until the court intervened, the defendants had no intention of meeting their demands.
The defendants admitted that the plaintiffs were paid three months' salary in lieu of notice of termination, adding that the said amount represented the full payment due plaintiffs in case of disengagement between the NSC and the plaintiffs.
They said the plaintiffs were not entitled to any end-of-service benefits, as alleged to be in their conditions of service.
The statement of defence further pointed out that the National Security Co-ordinator was not the proper person to be sued in the matter.
The defendants said they would, at the hearing, raise a preliminary legal point that the National Security Co-ordinator was not the proper person or body to be sued in the matter and would pray that the National Security Co-ordinator’s name be struck off the writ.
Osei-Adjei, Gyimah freed on 6 counts • But to open defence on two counts
February 26, 2011 (Front Page)
THE Financial Division of the Accra Fast Track High Court, yesterday acquitted and discharged a former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, on six counts of conspiracy, wilfully causing financial loss to the state, use of public office for profit and stealing.
Also acquitted was the former Managing Director of the National Investment Bank (NIB), Mr Charles Daniel Gyimah, who faced similar charges with the former minister.
The court, presided over by Mr Justice Bright Mensah, however, ordered the accused persons to open their defence on charges of conspiracy and contravening the Public Procurement Act in the importation of rice from India.
The court was of the view that the prosecution had failed to lead evidence to prove that Osei-Adjei and Gyimah wilfully caused financial loss to the state by allegedly acting together to steal 2,997 bags of rice valued at US$1,408,590.
It also upheld the defence team’s argument that the prosecution also failed to prove that the accused persons used public office for profit, as well as conspiring to steal.
Osei-Adjei and Gyimah have pleaded not guilty to the charges levelled against them and have been admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Giving its ruling on a “submission of no case” filed on behalf of the accused persons by their lawyers, the court held that the prosecution was able to prove a prima facie case against the accused persons with regard to the two counts of conspiracy to contravene the Procurement Act and contravening the Procurement Act.
The court held that after thoroughly considering arguments canvassed by the prosecution and the defence teams and having applied the principles and evidence on record, the prosecution was unable to establish a prima facie case on all counts except counts one and two.
Following the court’s directive, the two are expected to answer questions on how and why between April, 2008 and February, 2009, they agreed with Amira Foods Limited in India to procure 300,000 bags of rice for and on behalf of the Ghana Government without following procedures thereby contravening the provisions of the Public Procurement Act, 2003 (Act 663).
According to the court, it needed answers from Osei-Adjei with regard to the circumstances under which he authorised the then High Commissioner to India to sign the contract for the procurement of the rice.
It further pointed out that Gyimah was also expected to answer questions on the prosecution’s evidence that the Board of Directors of the NIB did not authorise Gyimah to procure the rice.
Mr Justice Mensah extensively cited authorities to buttress a legal point that the fact that an accused person was directed to open his/her defence did not mean that person was guilty of any offence.
The trial judge commended the prosecution and defence teams for exhibiting a high sense of maturity, professionalism and co-operation so far.
Counsel for Osei-Adjei, Mr Godfred Yeboah Dame, indicated that it was likely he would appeal the decision of the court prompting the trial judge to remind him it was the right of his client to go to the Court of Appeal.
The prosecution called 17 witnesses and closed its case on November 30, 2010.
Hearing continues on March 25, 2011 in the trial which began in October, 2009.
THE Financial Division of the Accra Fast Track High Court, yesterday acquitted and discharged a former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, on six counts of conspiracy, wilfully causing financial loss to the state, use of public office for profit and stealing.
Also acquitted was the former Managing Director of the National Investment Bank (NIB), Mr Charles Daniel Gyimah, who faced similar charges with the former minister.
The court, presided over by Mr Justice Bright Mensah, however, ordered the accused persons to open their defence on charges of conspiracy and contravening the Public Procurement Act in the importation of rice from India.
The court was of the view that the prosecution had failed to lead evidence to prove that Osei-Adjei and Gyimah wilfully caused financial loss to the state by allegedly acting together to steal 2,997 bags of rice valued at US$1,408,590.
It also upheld the defence team’s argument that the prosecution also failed to prove that the accused persons used public office for profit, as well as conspiring to steal.
Osei-Adjei and Gyimah have pleaded not guilty to the charges levelled against them and have been admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Giving its ruling on a “submission of no case” filed on behalf of the accused persons by their lawyers, the court held that the prosecution was able to prove a prima facie case against the accused persons with regard to the two counts of conspiracy to contravene the Procurement Act and contravening the Procurement Act.
The court held that after thoroughly considering arguments canvassed by the prosecution and the defence teams and having applied the principles and evidence on record, the prosecution was unable to establish a prima facie case on all counts except counts one and two.
Following the court’s directive, the two are expected to answer questions on how and why between April, 2008 and February, 2009, they agreed with Amira Foods Limited in India to procure 300,000 bags of rice for and on behalf of the Ghana Government without following procedures thereby contravening the provisions of the Public Procurement Act, 2003 (Act 663).
According to the court, it needed answers from Osei-Adjei with regard to the circumstances under which he authorised the then High Commissioner to India to sign the contract for the procurement of the rice.
It further pointed out that Gyimah was also expected to answer questions on the prosecution’s evidence that the Board of Directors of the NIB did not authorise Gyimah to procure the rice.
Mr Justice Mensah extensively cited authorities to buttress a legal point that the fact that an accused person was directed to open his/her defence did not mean that person was guilty of any offence.
The trial judge commended the prosecution and defence teams for exhibiting a high sense of maturity, professionalism and co-operation so far.
Counsel for Osei-Adjei, Mr Godfred Yeboah Dame, indicated that it was likely he would appeal the decision of the court prompting the trial judge to remind him it was the right of his client to go to the Court of Appeal.
The prosecution called 17 witnesses and closed its case on November 30, 2010.
Hearing continues on March 25, 2011 in the trial which began in October, 2009.
Accused against judge hearing case
February 23, 2011 (Page 3 lead)
TWO of the three soldiers who have been accused of murdering Alhaji Issa Mobilla are praying the Supreme Court to prohibit the trial judge from further hearing their case at the Fast Track High Court.
Mr Thaddeus Sory, counsel for Corporal Yaw Appiah and Private Eric Modzaka, is praying the highest court of the land to prohibit Mr Justice Senyo Dzamefe from presiding over the trial of his clients on the grounds that he does not have the mandate from the Chief Justice to further hear the case.
The matter was adjourned sine die at the Supreme Court yesterday because a representative from the Attorney-General's office told the court that a Chief State Attorney in charge of the case, Ms Penelope Marmattah, was indisposed.
The court, presided over by Ms Justice Sophia Akuffo, accordingly adjourned the case and urged parties in the case to liaise with the Registrar of the Supreme Court for a new date.
It also indicated that it would expect a representative from the Attorney-General's office to argue the case of the state, whether or not Ms Marmattah was present on the next adjourned date.
In the substantive motion, the soldiers are praying the court to prohibit the trial judge on the grounds that because he had no mandate, his continuous hearing of the case will be unconstitutional.
According to the applicants, the trial judge had also exhibited bias against them and for that reason they could not be guaranteed a fair trial.
Meanwhile, the substantive case at the Fast Track High Court has been adjourned to March 24, 2011.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their alleged accomplice, Private Seth Goka, is currently on the run and is being tried in absentia.
The three were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
Mr Justice Dzamefe, a Court of Appeal judge sitting with additional responsibility as a High Court judge, had, on December 7, 2010, directed the prosecution and the defence teams to file their addresses on whether the trial should continue or start afresh following the recovery of the foreman of the seven-member jury who had suffered a stroke in the course of the trial.
The foreman, who had been replaced with another juror, recuperated before the trial resumed and for that reason Ms Marmattah prayed the court to continue hearing the case, but Mr Sory objected to the continuation of the case and prayed the court to start hearing it afresh.
The trial judge was also expected to decide whether or not he would continue hearing the matter, following an objection from Mr Sory who prayed the judge to step aside following his promotion to the Court of Appeal.
According to Mr Sory, the judge had failed to produce any document to prove that the Chief Justice had appointed him (trial judge) to hear the matter afresh.
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 claimed that they 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 Mobila died in military custody 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 was sent to the hospital dead and that he died from multiple wounds.
TWO of the three soldiers who have been accused of murdering Alhaji Issa Mobilla are praying the Supreme Court to prohibit the trial judge from further hearing their case at the Fast Track High Court.
Mr Thaddeus Sory, counsel for Corporal Yaw Appiah and Private Eric Modzaka, is praying the highest court of the land to prohibit Mr Justice Senyo Dzamefe from presiding over the trial of his clients on the grounds that he does not have the mandate from the Chief Justice to further hear the case.
The matter was adjourned sine die at the Supreme Court yesterday because a representative from the Attorney-General's office told the court that a Chief State Attorney in charge of the case, Ms Penelope Marmattah, was indisposed.
The court, presided over by Ms Justice Sophia Akuffo, accordingly adjourned the case and urged parties in the case to liaise with the Registrar of the Supreme Court for a new date.
It also indicated that it would expect a representative from the Attorney-General's office to argue the case of the state, whether or not Ms Marmattah was present on the next adjourned date.
In the substantive motion, the soldiers are praying the court to prohibit the trial judge on the grounds that because he had no mandate, his continuous hearing of the case will be unconstitutional.
According to the applicants, the trial judge had also exhibited bias against them and for that reason they could not be guaranteed a fair trial.
Meanwhile, the substantive case at the Fast Track High Court has been adjourned to March 24, 2011.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their alleged accomplice, Private Seth Goka, is currently on the run and is being tried in absentia.
The three were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
Mr Justice Dzamefe, a Court of Appeal judge sitting with additional responsibility as a High Court judge, had, on December 7, 2010, directed the prosecution and the defence teams to file their addresses on whether the trial should continue or start afresh following the recovery of the foreman of the seven-member jury who had suffered a stroke in the course of the trial.
The foreman, who had been replaced with another juror, recuperated before the trial resumed and for that reason Ms Marmattah prayed the court to continue hearing the case, but Mr Sory objected to the continuation of the case and prayed the court to start hearing it afresh.
The trial judge was also expected to decide whether or not he would continue hearing the matter, following an objection from Mr Sory who prayed the judge to step aside following his promotion to the Court of Appeal.
According to Mr Sory, the judge had failed to produce any document to prove that the Chief Justice had appointed him (trial judge) to hear the matter afresh.
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 claimed that they 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 Mobila died in military custody 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 was sent to the hospital dead and that he died from multiple wounds.
Tuesday, February 22, 2011
••• And many wailed
January 21, 2011 (Page 3)
THE scene on the premises of the Cocoa Affairs Court yesterday was akin to a church crusade, as a large number of the members of the Jesus Prophetic Ministry wailed, trembled and cursed perceived “enemies” of their prophet.
Prophet Kofi Yirenkyi, aka Jesus Onetouch, was being taken away to begin a 10-year jail term for defiling his own daughter and, for more than 30 minutes, the crowd stayed within the premises of the Cocoa Affairs Court, wailing, chanting and invoking curses as they simply could not bring themselves to the reality that the ‘Prophet’ had been jailed.
Led by the prophet’s wife, Madam Akosua Agyeiwaa, members of his family and leading members of the church, the crowd was at it for more than 30 minutes, demonstrating their anguish and pain interspersed with a free flow of bitter comments.
The spouse and the followers of Prophet Onetouch, who was sentenced to 10 years’ imprisonment on each count of defilement and incest, wept bitterly and hurled insults on the victim’s mother (who was not present in court) for bringing such mishap on them.
Some of the comments were, “He did not do it.” “God will prove to the world Jesus Onetouch did not commit the crime”; “May God punish those who have brought this mishap to him”; “Oh God, this is too painful”; and “Oh God, why should this happen?”
A woman even turned to the journalists present and warned them to be careful with their coverage since they too might suffer dire consequences.
The convict, who looked calm, kept repeating, “If I am the one who slept with my daughter, may the Almighty God kill me.”
In apparent reference to the police who refused to allow him to talk to the public, Prophet Onetouch said, “So, after convicting me, you will not allow me to talk to journalists?”
Some members of his church were so angry and sad that they lay flat on the floor, weeping bitterly and wondering why that should happen to a man of God.
Some of them had attempted to cause a stir in the court room but the trial judge, Mrs Georgina Mensah-Datsa, was able to stop them on time by warning the first screamer, “If you cannot take the heat, go outside.”
The judge’s warning kept the followers at bay until they left the court room around 9.51 a.m. to freely express how bitter they were.
The incensed crowd, led by Akosua Agyeiwaa, spoke mostly in Twi and fought the policemen for refusing to allow the convict to interact with the large number of journalists who had thronged the court premises to cover the trial.
Akosua Agyeiwaa, who kept asking, “What will happen to my children?”, was held firmly by her friends and family members and urged to control herself but she would not listen.
Her adrenaline level was so high that she was not bothered about the large number of cameramen who had surrounded her to take pictures.
A similar crowd had been very hostile towards journalists in March 2010 when Prophet Onetouch was first arraigned before the court, but yesterday they threw caution to the wind got drowned in their pain.
The police ignored his comments, managed to keep his aggressive wife at bay and drove him off to begin his sentence.
According to the judge, the prosecution was able to prove that the victim was 10 years old, her hymen had been broken, the convict had slept with her on Tuesdays, Saturdays and Sundays and wiped off the fluid from the sex before beginning his church service on the mentioned days.
The court held that the prosecution had proved the charge of incest against the convict beyond reasonable doubt because the convict himself had stated that the victim was his biological daughter, while the victim had proved to the court that the convict had slept with her several times and wiped off the fluid from their sex with a white handkerchief.
THE scene on the premises of the Cocoa Affairs Court yesterday was akin to a church crusade, as a large number of the members of the Jesus Prophetic Ministry wailed, trembled and cursed perceived “enemies” of their prophet.
Prophet Kofi Yirenkyi, aka Jesus Onetouch, was being taken away to begin a 10-year jail term for defiling his own daughter and, for more than 30 minutes, the crowd stayed within the premises of the Cocoa Affairs Court, wailing, chanting and invoking curses as they simply could not bring themselves to the reality that the ‘Prophet’ had been jailed.
Led by the prophet’s wife, Madam Akosua Agyeiwaa, members of his family and leading members of the church, the crowd was at it for more than 30 minutes, demonstrating their anguish and pain interspersed with a free flow of bitter comments.
The spouse and the followers of Prophet Onetouch, who was sentenced to 10 years’ imprisonment on each count of defilement and incest, wept bitterly and hurled insults on the victim’s mother (who was not present in court) for bringing such mishap on them.
Some of the comments were, “He did not do it.” “God will prove to the world Jesus Onetouch did not commit the crime”; “May God punish those who have brought this mishap to him”; “Oh God, this is too painful”; and “Oh God, why should this happen?”
A woman even turned to the journalists present and warned them to be careful with their coverage since they too might suffer dire consequences.
The convict, who looked calm, kept repeating, “If I am the one who slept with my daughter, may the Almighty God kill me.”
In apparent reference to the police who refused to allow him to talk to the public, Prophet Onetouch said, “So, after convicting me, you will not allow me to talk to journalists?”
Some members of his church were so angry and sad that they lay flat on the floor, weeping bitterly and wondering why that should happen to a man of God.
Some of them had attempted to cause a stir in the court room but the trial judge, Mrs Georgina Mensah-Datsa, was able to stop them on time by warning the first screamer, “If you cannot take the heat, go outside.”
The judge’s warning kept the followers at bay until they left the court room around 9.51 a.m. to freely express how bitter they were.
The incensed crowd, led by Akosua Agyeiwaa, spoke mostly in Twi and fought the policemen for refusing to allow the convict to interact with the large number of journalists who had thronged the court premises to cover the trial.
Akosua Agyeiwaa, who kept asking, “What will happen to my children?”, was held firmly by her friends and family members and urged to control herself but she would not listen.
Her adrenaline level was so high that she was not bothered about the large number of cameramen who had surrounded her to take pictures.
A similar crowd had been very hostile towards journalists in March 2010 when Prophet Onetouch was first arraigned before the court, but yesterday they threw caution to the wind got drowned in their pain.
The police ignored his comments, managed to keep his aggressive wife at bay and drove him off to begin his sentence.
According to the judge, the prosecution was able to prove that the victim was 10 years old, her hymen had been broken, the convict had slept with her on Tuesdays, Saturdays and Sundays and wiped off the fluid from the sex before beginning his church service on the mentioned days.
The court held that the prosecution had proved the charge of incest against the convict beyond reasonable doubt because the convict himself had stated that the victim was his biological daughter, while the victim had proved to the court that the convict had slept with her several times and wiped off the fluid from their sex with a white handkerchief.
Jesus Onetouch jailed
January 21, 2011 (Lead story)
“IF you cannot take the heat, go outside!” were the words of a circuit court judge to an elderly woman who screamed after Prophet Nana Kofi Yirenkyi, alias Jesus Onetouch, had been handed a 10-year prison term for defiling his 10-year-old daughter.
The trial judge, Mrs Georgina Mensah-Datsa, then proceeded to sentence Jesus Onetouch, the Founder and General Overseer of the Jesus Blood Prophetic Ministry to another 10 years’ imprisonment for incest.
The convict, who had been in detention for the past 11 months, will serve the sentences concurrently.
The judgement was met with screams, curses and wailing by the convict’s wife and his family and church members, but the 47-year-old convict looked calm when the judgement was pronounced.
The police had a tough time controlling the family members, who did not take kindly to the police officers’ decision not to allow the convict to grant an interview to journalists. He was whisked away by armed policemen to begin his sentence around 10.02 a.m.
The convict, however, kept on saying, “If I am the one who slept with my daughter, may the Almighty God kill me,” while his lawyer, Mr K. Adomako Acheampong, assured him that he would file an appeal on his behalf.
On entering the courtroom around 9:13 a.m., Jesus Onetouch enquired from his lawyer why there were so many policemen within the court premises, to which his lawyer asked him to be calm and leave everything to God.
The convict, who wore a dark suit, entered into a moment of prayer before the trial judge was ushered into the courtroom to begin reading her judgement.
In her judgement, Mrs Mensah-Datsa said the prosecution had proved the guilt of the convict beyond reasonable doubt, noting that she took into account the fact that the convict was a first offender and father of six children before passing judgement.
According to the judge, the prosecution was able to prove that the victim was 10 years old, her hymen had been broken, the convict had slept with her on Tuesdays, Saturdays and Sundays and wiped off the fluid from the sex before beginning his church service on those days.
The court held that the prosecution had proved the charge of incest against the convict beyond reasonable doubt because the convict himself had stated that the victim was his biological daughter, while the victim had proved to the court that the convict had slept with her several times and wiped off the fluid from their sex with a white handkerchief.
Touching on the issue of defilement, it held that the prosecution was able to prove that the victim was below 16, two medical doctors had examined her and stated in their report that her hymen was not intact, while the girl was able to prove that she had been defiled by the convict.
It said it found the victim very truthful in her evidence and further pointed out that other witnesses had corroborated her ordeal.
According to the court, other witnesses also corroborated the victim’s evidence that the convict had warned her of serious consequences if she dared reveal her ordeal to anyone, adding that it was also on record that the convict had pleaded with the police to drop the case.
Touching on the defence team’s argument that the victim’s mother, who was also the complainant in the case, had hatched a plan with her family members to destroy the convict, it said it was difficult to accept that argument because the complainant would not hatch such a plot, considering the societal stigmatisation that would come along with such a plot.
Responding to the convict’s evidence that a man named Efo Emma was the one who ha defiled his daughter and that he (convict) had reported the matter to the police, the court held that there was no evidence on record to prove that the convict had lodged a complaint with the police.
It said from the records it was also clear that the victim’s mother never stated anywhere that she was aware her daughter had been defiled by the said Efo Emma who was once a security man at the convict’s house.
The facts of the case were that the 10-year-old victim confessed that the accused person, after bouts of sexual intercourse with her, wiped off the sperms from his sexual organ and the fluids from her vagina with a white handkerchief.
According to the prosecution, the victim, who was born out of wedlock, lived with her mother at Dawu in Akuapem until 2005 when she relocated to Accra to live with her father at McCarthy Hill to attend school.
It said in the latter part of 2007, the convict began having sex with the victim each time before he organised a church service.
In November 2009, the convict gave the victim's mother an opportunity to hold discussions with the victim about a bad behaviour she was exhibiting.
During the interaction with her mother, the victim revealed her ordeal to her mother, which resulted in the woman lodging a complaint with the police.
“IF you cannot take the heat, go outside!” were the words of a circuit court judge to an elderly woman who screamed after Prophet Nana Kofi Yirenkyi, alias Jesus Onetouch, had been handed a 10-year prison term for defiling his 10-year-old daughter.
The trial judge, Mrs Georgina Mensah-Datsa, then proceeded to sentence Jesus Onetouch, the Founder and General Overseer of the Jesus Blood Prophetic Ministry to another 10 years’ imprisonment for incest.
The convict, who had been in detention for the past 11 months, will serve the sentences concurrently.
The judgement was met with screams, curses and wailing by the convict’s wife and his family and church members, but the 47-year-old convict looked calm when the judgement was pronounced.
The police had a tough time controlling the family members, who did not take kindly to the police officers’ decision not to allow the convict to grant an interview to journalists. He was whisked away by armed policemen to begin his sentence around 10.02 a.m.
The convict, however, kept on saying, “If I am the one who slept with my daughter, may the Almighty God kill me,” while his lawyer, Mr K. Adomako Acheampong, assured him that he would file an appeal on his behalf.
On entering the courtroom around 9:13 a.m., Jesus Onetouch enquired from his lawyer why there were so many policemen within the court premises, to which his lawyer asked him to be calm and leave everything to God.
The convict, who wore a dark suit, entered into a moment of prayer before the trial judge was ushered into the courtroom to begin reading her judgement.
In her judgement, Mrs Mensah-Datsa said the prosecution had proved the guilt of the convict beyond reasonable doubt, noting that she took into account the fact that the convict was a first offender and father of six children before passing judgement.
According to the judge, the prosecution was able to prove that the victim was 10 years old, her hymen had been broken, the convict had slept with her on Tuesdays, Saturdays and Sundays and wiped off the fluid from the sex before beginning his church service on those days.
The court held that the prosecution had proved the charge of incest against the convict beyond reasonable doubt because the convict himself had stated that the victim was his biological daughter, while the victim had proved to the court that the convict had slept with her several times and wiped off the fluid from their sex with a white handkerchief.
Touching on the issue of defilement, it held that the prosecution was able to prove that the victim was below 16, two medical doctors had examined her and stated in their report that her hymen was not intact, while the girl was able to prove that she had been defiled by the convict.
It said it found the victim very truthful in her evidence and further pointed out that other witnesses had corroborated her ordeal.
According to the court, other witnesses also corroborated the victim’s evidence that the convict had warned her of serious consequences if she dared reveal her ordeal to anyone, adding that it was also on record that the convict had pleaded with the police to drop the case.
Touching on the defence team’s argument that the victim’s mother, who was also the complainant in the case, had hatched a plan with her family members to destroy the convict, it said it was difficult to accept that argument because the complainant would not hatch such a plot, considering the societal stigmatisation that would come along with such a plot.
Responding to the convict’s evidence that a man named Efo Emma was the one who ha defiled his daughter and that he (convict) had reported the matter to the police, the court held that there was no evidence on record to prove that the convict had lodged a complaint with the police.
It said from the records it was also clear that the victim’s mother never stated anywhere that she was aware her daughter had been defiled by the said Efo Emma who was once a security man at the convict’s house.
The facts of the case were that the 10-year-old victim confessed that the accused person, after bouts of sexual intercourse with her, wiped off the sperms from his sexual organ and the fluids from her vagina with a white handkerchief.
According to the prosecution, the victim, who was born out of wedlock, lived with her mother at Dawu in Akuapem until 2005 when she relocated to Accra to live with her father at McCarthy Hill to attend school.
It said in the latter part of 2007, the convict began having sex with the victim each time before he organised a church service.
In November 2009, the convict gave the victim's mother an opportunity to hold discussions with the victim about a bad behaviour she was exhibiting.
During the interaction with her mother, the victim revealed her ordeal to her mother, which resulted in the woman lodging a complaint with the police.
Tsatsu's case back • Supreme Court says IFC not immune from Judicial process
January 19, 2011 (Lead story)
THE Supreme Court yesterday resurrected the nine-year-old legal tussle between the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, and the state when it ruled that the International Financial Corporation (IFC) is not immune from Ghana’s judicial processes.
The immunity or otherwise of the IFC was in contention following Mr Tsikata's request that the corporation be invited to testify in the case in which he had been charged with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying GH¢2,000 in public property.
On June 18, 2008, Mr Tsikata was found guilty and sentenced to five years’ imprisonment on each count to run concurrently but he was pardoned in December 2008 by former President J.A. Kufuor.
Mr Tsikata, however, rejected the pardon, but prison officials refused his request to stay in prison to fight his cause to the end.
At the Supreme Court’s sitting in Accra yesterday, in a unanimous decision it held that The Article of the Legislative Notification 9, The International Bank, Fund and Finance Corporation (Immunities and Exchange Contracts) Order 1958 states, “Actions may be brought against the corporation only in a court of competent jurisdiction in the territories of a member in which the corporation has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities."
The court was presided over by Mr Justice William Atuguba, with Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mrs Justice Vida Akoto-Bamfo as members.
However, in a 3-2 majority decision, the court held that under the same Legislative Notification, "No action shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the corporation shall, wheresoever located and by whomsoever held, be immune from all seizure, attachment or execution before the delivery of final judgement against the corporation.”
For that reason, the court held that the Country Director and the employees of the IFC could not be called to testify at the lower court where Mr Tsikata had been charged with causing financial loss to the state.
According to the court, Mr Tsikata's individual interest could not override that of the public interest and for that reason the Court of Appeal had not been wrong in upholding the decision of the FTC to withdraw its (FTC's) earlier decision inviting the IFC Country Director to testify in Mr Tsikata's trial.
Ms Justice Akuffo, Mr Justice Ansah and Mrs Justice Adinyira held a majority view on the issue of IFC employees’ immunity from the country's judicial processes.
Reading the judgement of the three on that matter, Mrs Justice Adinyira considered the view of Justice Atuguba that the right to fair trial under the Constitution overrode the immunity of IFC directors and officers as “too sweeping”.
According to her, the constitutional rights of the individual must be balanced against the rights of others and the public interest.
She referred to the Vienna Convention as creating international obligations on the country and, therefore, on individual rights and further indicated that it was only on that single issue that she held a different position from that expressed in the judgement of Justice Atuguba.
The position of Justice Atuguba on that second issue of the immunity of the directors and officers of the IFC was supported by Mrs Justice Akoto-Bamfo.
The two were of the view that the Constitution guaranteed the rights and interests of individuals and for that reason the interest of Mr Tsikata overweighed that of the IFC.
The court should have given its judgement on June 25, 2008 but had to adjourn the case sine die following a request to that effect from Mr Tsikata, who had then been sentenced to a five-year jail term.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which had acted as the guarantor, was compelled to pay it in 1996.
During Mr Tsikata’s defence, he had stated that the IFC had financed a feasibility study which had been conducted on the Valley Farms project and that study had indicated that the project was viable.
He then prayed the Fast Track High Court to issue a subpoena to the IFC Country Director to appear before the court and make available the feasibility study report on the project.
The court, presided over by Mrs Justice Henrietta Abban, granted the request and issued the subpoena, but lawyers for the IFC appeared before the court and argued that the IFC and its employees were immune from judicial processes unless they decided to waive that immunity.
Following the IFC’s submissions, the Fast Track High Court withdrew its earlier subpoena, prompting Mr Tsikata to appeal against the decision, but the Court of Appeal upheld the decision of the lower court.
He then went to the Supreme Court, praying the highest court of the land to decide on the matter.
THE Supreme Court yesterday resurrected the nine-year-old legal tussle between the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, and the state when it ruled that the International Financial Corporation (IFC) is not immune from Ghana’s judicial processes.
The immunity or otherwise of the IFC was in contention following Mr Tsikata's request that the corporation be invited to testify in the case in which he had been charged with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying GH¢2,000 in public property.
On June 18, 2008, Mr Tsikata was found guilty and sentenced to five years’ imprisonment on each count to run concurrently but he was pardoned in December 2008 by former President J.A. Kufuor.
Mr Tsikata, however, rejected the pardon, but prison officials refused his request to stay in prison to fight his cause to the end.
At the Supreme Court’s sitting in Accra yesterday, in a unanimous decision it held that The Article of the Legislative Notification 9, The International Bank, Fund and Finance Corporation (Immunities and Exchange Contracts) Order 1958 states, “Actions may be brought against the corporation only in a court of competent jurisdiction in the territories of a member in which the corporation has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities."
The court was presided over by Mr Justice William Atuguba, with Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mrs Justice Vida Akoto-Bamfo as members.
However, in a 3-2 majority decision, the court held that under the same Legislative Notification, "No action shall, however, be brought by members or persons acting for or deriving claims from members. The property and assets of the corporation shall, wheresoever located and by whomsoever held, be immune from all seizure, attachment or execution before the delivery of final judgement against the corporation.”
For that reason, the court held that the Country Director and the employees of the IFC could not be called to testify at the lower court where Mr Tsikata had been charged with causing financial loss to the state.
According to the court, Mr Tsikata's individual interest could not override that of the public interest and for that reason the Court of Appeal had not been wrong in upholding the decision of the FTC to withdraw its (FTC's) earlier decision inviting the IFC Country Director to testify in Mr Tsikata's trial.
Ms Justice Akuffo, Mr Justice Ansah and Mrs Justice Adinyira held a majority view on the issue of IFC employees’ immunity from the country's judicial processes.
Reading the judgement of the three on that matter, Mrs Justice Adinyira considered the view of Justice Atuguba that the right to fair trial under the Constitution overrode the immunity of IFC directors and officers as “too sweeping”.
According to her, the constitutional rights of the individual must be balanced against the rights of others and the public interest.
She referred to the Vienna Convention as creating international obligations on the country and, therefore, on individual rights and further indicated that it was only on that single issue that she held a different position from that expressed in the judgement of Justice Atuguba.
The position of Justice Atuguba on that second issue of the immunity of the directors and officers of the IFC was supported by Mrs Justice Akoto-Bamfo.
The two were of the view that the Constitution guaranteed the rights and interests of individuals and for that reason the interest of Mr Tsikata overweighed that of the IFC.
The court should have given its judgement on June 25, 2008 but had to adjourn the case sine die following a request to that effect from Mr Tsikata, who had then been sentenced to a five-year jail term.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which had acted as the guarantor, was compelled to pay it in 1996.
During Mr Tsikata’s defence, he had stated that the IFC had financed a feasibility study which had been conducted on the Valley Farms project and that study had indicated that the project was viable.
He then prayed the Fast Track High Court to issue a subpoena to the IFC Country Director to appear before the court and make available the feasibility study report on the project.
The court, presided over by Mrs Justice Henrietta Abban, granted the request and issued the subpoena, but lawyers for the IFC appeared before the court and argued that the IFC and its employees were immune from judicial processes unless they decided to waive that immunity.
Following the IFC’s submissions, the Fast Track High Court withdrew its earlier subpoena, prompting Mr Tsikata to appeal against the decision, but the Court of Appeal upheld the decision of the lower court.
He then went to the Supreme Court, praying the highest court of the land to decide on the matter.
Bawku Central MP's case adjourned
January 18, 2011 (Page 3)
THE trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, on his nationality was yesterday adjourned because the prosecutor in the case is indisposed.
A representative from the Attorney-General’s Office informed the court when the matter was called around 11 a.m. that the prosecutor, Mr Anthony Rexford Wiredu, had been rushed to the hospital due to ill-health and for that reason could not make it to court.
The court, presided over by Mr Justice Charles Quist, accordingly adjourned the case to January 25, 2011.
The MP, his lawyers and supporters were present in court.
On October 15, 2010, the prosecution prayed the court to give it enough time to verify the authenticity or otherwise of documents produced by the MP to prove that he had renounced his British citizenship.
The court granted the prosecution’s request after it had overruled an objection from counsel for the MP, Mr Yonny Kulendi, who had prayed the court to refuse the request for an adjournment from the prosecution.
Counsel had argued that the prosecution should have thoroughly investigated the case before wasting the taxpayer’s money, the court’s time and his client’s time.
Mr Wiredu had earlier informed the court that his outfit had submitted, through the Police Forensic Laboratory, the documents tendered by the MP to the British High Commission in Accra.
On October 8, 2010, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office which led to the eventual approval of his renunciation of his citizenship in September 2008.
Following the tendering of the said documents, Mr Wiredu informed the court that the defence did not give the prosecution the opportunity to verify the authenticity of the documents because the defence had submitted those documents on a short notice.
According to him, the defence did not give the prosecution the chance to verify the documents before cross-examining on it.
Opposing the application, Mr Kulendi said the prayer from the prosecution was unreasonable, unjustifiable and unwarranted because the prosecution was asking the court to cure an omission it (prosecution) had created.
“We have not invited them to do our case for us. If they believe the documents we tendered are defective and do not comply with the law, it is their gain and our loss,” Mr Kulendi stated, pointing out that the prosecution should have silently investigated the documents and addressed the court on it if it later found them to be fake.
Upholding the prosecution’s plea for an adjournment, Mr Justice Quist said it was important for the court to grant the deferment to enable the prosecution to verify the authenticity of the documents for the cross-examination of the witness to continue.
The MP was, on July 31, 2009, arraigned before the court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP but was exonerated on six of those charges on July 8, 2010.
He is currently facing three charges of false declaration of office or voting, perjury and deceiving a public officer.
THE trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, on his nationality was yesterday adjourned because the prosecutor in the case is indisposed.
A representative from the Attorney-General’s Office informed the court when the matter was called around 11 a.m. that the prosecutor, Mr Anthony Rexford Wiredu, had been rushed to the hospital due to ill-health and for that reason could not make it to court.
The court, presided over by Mr Justice Charles Quist, accordingly adjourned the case to January 25, 2011.
The MP, his lawyers and supporters were present in court.
On October 15, 2010, the prosecution prayed the court to give it enough time to verify the authenticity or otherwise of documents produced by the MP to prove that he had renounced his British citizenship.
The court granted the prosecution’s request after it had overruled an objection from counsel for the MP, Mr Yonny Kulendi, who had prayed the court to refuse the request for an adjournment from the prosecution.
Counsel had argued that the prosecution should have thoroughly investigated the case before wasting the taxpayer’s money, the court’s time and his client’s time.
Mr Wiredu had earlier informed the court that his outfit had submitted, through the Police Forensic Laboratory, the documents tendered by the MP to the British High Commission in Accra.
On October 8, 2010, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office which led to the eventual approval of his renunciation of his citizenship in September 2008.
Following the tendering of the said documents, Mr Wiredu informed the court that the defence did not give the prosecution the opportunity to verify the authenticity of the documents because the defence had submitted those documents on a short notice.
According to him, the defence did not give the prosecution the chance to verify the documents before cross-examining on it.
Opposing the application, Mr Kulendi said the prayer from the prosecution was unreasonable, unjustifiable and unwarranted because the prosecution was asking the court to cure an omission it (prosecution) had created.
“We have not invited them to do our case for us. If they believe the documents we tendered are defective and do not comply with the law, it is their gain and our loss,” Mr Kulendi stated, pointing out that the prosecution should have silently investigated the documents and addressed the court on it if it later found them to be fake.
Upholding the prosecution’s plea for an adjournment, Mr Justice Quist said it was important for the court to grant the deferment to enable the prosecution to verify the authenticity of the documents for the cross-examination of the witness to continue.
The MP was, on July 31, 2009, arraigned before the court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP but was exonerated on six of those charges on July 8, 2010.
He is currently facing three charges of false declaration of office or voting, perjury and deceiving a public officer.
Sisters remanded for human trafficking
January 14, 2011
THREE sisters who allegedly trafficked 10 young girls for labour and prostitution in Nigeria were yesterday arraigned before the Accra Circuit Court on conspiracy and human trafficking charges.
Fati Abukari, Memuna Abukari and Zinabu Abukari, all traders, were said to have been in this illegal profession for the past 10 years.
The three were alleged to have, some time in 2007, trafficked their victims from Agbogloshie in Accra and Gushegu in the Northern Region and transported them to Nigeria for labour and prostitution.
The victims are Ayisha Ibrahim, Zara Abukari, Hamama Dokrugu, Amina Ali, Ikema Alhassan, Adiza Fuseini, Fatima Yakubu, Rahimatu Alhassan, Nasara Adams and Ibrahim Ayisha.
The accused persons each pleaded not guilty to two counts of conspiracy and human trafficking and each of them was granted bail in the sum of GH¢10,000 with a surety.
The accused persons were taken into custody, waiting to get sureties to bail them out. They are expected to appear before the court, presided over by Mrs Georgina Mensah-Datsa, on January 17, 2011.
Prosecuting, Assistant Superintendent of Police, Ms Mary Agbozo, told the court that the complainant in the case was a member of staff of the Regional Advocacy Information and Network System (RAINS), a non-governmental organisation, while the accused persons lived in Ghana and Nigeria.
According to the prosecutor, on December 28, 2010, a victim confided in the complainant that about four years ago she and other girls were recruited by the accused persons from Agbogloshie and Gushegu and transported to Nigeria under the pretext of securing them jobs.
The victim told the complainant that she and the other girls were made to sell porridge during the day and forced to engage in prostitution during the night.
According to her, the accused persons took all the proceeds from the sale of the porridge and the prostitution, without paying her and her colleagues.
In the process, one of the girls was forced into marriage, while one of them went through a series of abortions as a result of having unprotected sex with her male customers.
During investigations, it emerged that the accused persons had been in the trafficking trade for the past 10 years.
They denied committing any offence but admitted transporting a number of girls to Nigeria for work.
Ten of the rescued girls are currently in a safe shelter.
THREE sisters who allegedly trafficked 10 young girls for labour and prostitution in Nigeria were yesterday arraigned before the Accra Circuit Court on conspiracy and human trafficking charges.
Fati Abukari, Memuna Abukari and Zinabu Abukari, all traders, were said to have been in this illegal profession for the past 10 years.
The three were alleged to have, some time in 2007, trafficked their victims from Agbogloshie in Accra and Gushegu in the Northern Region and transported them to Nigeria for labour and prostitution.
The victims are Ayisha Ibrahim, Zara Abukari, Hamama Dokrugu, Amina Ali, Ikema Alhassan, Adiza Fuseini, Fatima Yakubu, Rahimatu Alhassan, Nasara Adams and Ibrahim Ayisha.
The accused persons each pleaded not guilty to two counts of conspiracy and human trafficking and each of them was granted bail in the sum of GH¢10,000 with a surety.
The accused persons were taken into custody, waiting to get sureties to bail them out. They are expected to appear before the court, presided over by Mrs Georgina Mensah-Datsa, on January 17, 2011.
Prosecuting, Assistant Superintendent of Police, Ms Mary Agbozo, told the court that the complainant in the case was a member of staff of the Regional Advocacy Information and Network System (RAINS), a non-governmental organisation, while the accused persons lived in Ghana and Nigeria.
According to the prosecutor, on December 28, 2010, a victim confided in the complainant that about four years ago she and other girls were recruited by the accused persons from Agbogloshie and Gushegu and transported to Nigeria under the pretext of securing them jobs.
The victim told the complainant that she and the other girls were made to sell porridge during the day and forced to engage in prostitution during the night.
According to her, the accused persons took all the proceeds from the sale of the porridge and the prostitution, without paying her and her colleagues.
In the process, one of the girls was forced into marriage, while one of them went through a series of abortions as a result of having unprotected sex with her male customers.
During investigations, it emerged that the accused persons had been in the trafficking trade for the past 10 years.
They denied committing any offence but admitted transporting a number of girls to Nigeria for work.
Ten of the rescued girls are currently in a safe shelter.
Case of Asabee, eight others adjourned
January 13, 2011 (Page 3)
THE Accra Fast Track High Court yesterday adjourned the case involving a former Minister for Information, Mr Stephen Asamoah-Boateng, aka Asabee, and eight others over an GH¢86,915.85 contract for renovation works at the ministry following the absence of the prosecutor and a witness in the case.
The court adjourned the case to February 9, 2011 as a result of the absence of Mr Anthony Gyambiby, a Chief State Attorney, and a witness in the case, Mr Samuel Okudzeto-Ablakwa.
Mr Ablakwa was expected to be cross-examined by the defence team but he was absent when the matter was called. No reason was given for his absence.
A representative from the Attorney-General's office who had come to the court to do a case could not explain what had led to Mr Gyambiby’s absence.
Following the development, the trial judge, Mr Justice Charles Quist, directed that hearing notices should be served on parties in the case to enable them to attend court on the next adjourned date.
The accused persons were present in court.
Mr Asamoah-Boateng and his wife, Zuleika, are standing trial with Frank Agyekum, a former Deputy Minister at the ministry; 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 and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity, charged with contravening the Procurement Act.
They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents 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, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Mr Ablakwa had, in October 2010, stated in his evidence-in-chief that the accused persons did not comply with procurement procedures before the award of the contract.
He is expected to be cross-examined by defence lawyers on February 9, 2011.
THE Accra Fast Track High Court yesterday adjourned the case involving a former Minister for Information, Mr Stephen Asamoah-Boateng, aka Asabee, and eight others over an GH¢86,915.85 contract for renovation works at the ministry following the absence of the prosecutor and a witness in the case.
The court adjourned the case to February 9, 2011 as a result of the absence of Mr Anthony Gyambiby, a Chief State Attorney, and a witness in the case, Mr Samuel Okudzeto-Ablakwa.
Mr Ablakwa was expected to be cross-examined by the defence team but he was absent when the matter was called. No reason was given for his absence.
A representative from the Attorney-General's office who had come to the court to do a case could not explain what had led to Mr Gyambiby’s absence.
Following the development, the trial judge, Mr Justice Charles Quist, directed that hearing notices should be served on parties in the case to enable them to attend court on the next adjourned date.
The accused persons were present in court.
Mr Asamoah-Boateng and his wife, Zuleika, are standing trial with Frank Agyekum, a former Deputy Minister at the ministry; 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 and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity, charged with contravening the Procurement Act.
They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents 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, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Mr Ablakwa had, in October 2010, stated in his evidence-in-chief that the accused persons did not comply with procurement procedures before the award of the contract.
He is expected to be cross-examined by defence lawyers on February 9, 2011.
Amina's case adjourned
January 7, 2011 (Centre Spread)
THE trial involving Amina Mohammed, the woman at the centre of the rape and robbery case, resumes on January 31, 2011.
The case, which was billed to be heard yesterday, was adjourned because the trial judge, Mrs Patience Mills-Tetteh, is on her annual leave.
Court clerks gave the new date when the accused person, the defence team and the prosecution arrived at the court.
Three witnesses have so far testified in the trial which began in November 2010.
Amina Mohammed has been charged with one count of publishing false news with intent to cause fear and panic.
She has pleaded not guilty and has been granted bail in the sum of GH¢5,000 with a surety.
The facts of Amina’s case are that she granted interviews to radio stations on October 26, 2010 and stated, among other things, that she was among passengers on a bus which was attacked by armed robbers when the bus reached Kintampo and that in the process the robbers ordered a mass rape of female occupants.
She was also quoted as saying that a father was ordered to rape his 14-year-old daughter.
According to the prosecution, investigations revealed that no such incident did occur and that the driver of the said bus reported a case to the Ejisu Police and stated in his statement that his bus had nearly been attacked by robbers at Kubease but he managed to escape, although the windscreen of his vehicle was hit by a bullet.
It further stated that the driver of the bus drove off 30 minutes after reporting the incident, which occurred about 10 p.m. on October 11, 2010.
THE trial involving Amina Mohammed, the woman at the centre of the rape and robbery case, resumes on January 31, 2011.
The case, which was billed to be heard yesterday, was adjourned because the trial judge, Mrs Patience Mills-Tetteh, is on her annual leave.
Court clerks gave the new date when the accused person, the defence team and the prosecution arrived at the court.
Three witnesses have so far testified in the trial which began in November 2010.
Amina Mohammed has been charged with one count of publishing false news with intent to cause fear and panic.
She has pleaded not guilty and has been granted bail in the sum of GH¢5,000 with a surety.
The facts of Amina’s case are that she granted interviews to radio stations on October 26, 2010 and stated, among other things, that she was among passengers on a bus which was attacked by armed robbers when the bus reached Kintampo and that in the process the robbers ordered a mass rape of female occupants.
She was also quoted as saying that a father was ordered to rape his 14-year-old daughter.
According to the prosecution, investigations revealed that no such incident did occur and that the driver of the said bus reported a case to the Ejisu Police and stated in his statement that his bus had nearly been attacked by robbers at Kubease but he managed to escape, although the windscreen of his vehicle was hit by a bullet.
It further stated that the driver of the bus drove off 30 minutes after reporting the incident, which occurred about 10 p.m. on October 11, 2010.
Thursday, December 23, 2010
The Amina Mohammed case - Witness refuses bail but •••
Thursday, December 23, 2010 (Page 3)
A young man who said he was on a bus with Amina Mohammed and others when the alleged mass rape and robbery took place in October 2010 yesterday prayed the Accra Circuit Court to refuse him bail.
Michael Frimpong did not give any reason for his request but the presiding judge, Mr Kyei Baffour, declined his weird request and granted him bail in the sum of GH¢10,000 with three sureties.
The accused person, who has pleaded not guilty to one count of deceit of public officer, claimed that on the day of the said robbery, he could not have erection until he was hit with the butt of a gun that made him have sex with a 40-year-old woman.
When the matter was called in Accra yesterday, a State Attorney, Mr Paul A. Abariga, informed the court that the prosecution was not opposed to bail because investigations into the matter had been completed.
However, Michael shocked the court when he indicated he did not need bail. He said he wanted to be held in custody but the court held a different view and accordingly granted him bail.
Counsel for Amina Mohammed, Mr Andy Appiah-Kubi, however, alleged that Michael was a potential witness for Amina and was, therefore, being harassed by the police not to testify for Amina.
His claim has been described as false by Mr Abariga, who argued that it would be most unfortunate for the police to allow a criminal to walk the streets without being made to face the law.
The brief facts of the case were that the accused person went to the premises of a radio station in Achimota and pleaded for airtime to confirm Amina Mohammed’s claim that robbers attacked passengers when they reached Kintampo and that in the process, the robbers ordered a mass rape of female occupants of their bus.
According to the prosecution, the manager of the station did not give Michael the airtime and rather called the police who effected his (Michael’s) arrest.
The prosecution said Michael told the police during investigations that the bus he and Amina travelled on was a green OA bus but investigations later revealed that the said bus was rather an ash Yutong bus.
The prosecution further pointed out that Michael told investigators he had a ticket to prove he was on board the bus but he failed to produce the said ticket.
His case has been adjourned to January 17, 2011.
Meanwhile, Amina Mohammed, the woman at the centre of the rape and robbery story, has been charged with one count of publishing false news with intent to cause fear and panic.
She has pleaded not guilty and has been granted bail in the sum of GH¢5,000 with a surety.
Her trial has been adjourned to January 11, 2011.
The brief facts of Amina’s case were that she granted interviews to radio stations on October 26, 2010 and stated among other things that she was among passengers on a bus which was attacked by armed robbers when they reached Kintampo and that in the process the robbers ordered a mass rape of female occupants.
She was also quoted as saying a father was ordered to rape his 14-year-old daughter.
According to the prosecution, investigations revealed that such incident did not occur and said the driver of the said bus reported a case to the Ejisu Police and stated in his statement that his bus was nearly attacked by robbers at Kubease but he managed to escape although the windscreen of his vehicle was hit by a gunshot.
The prosecution further stated that the driver of the bus drove off 30 minutes after reporting the incident, which occurred at about 10 p.m. on October 11, 2010.
A young man who said he was on a bus with Amina Mohammed and others when the alleged mass rape and robbery took place in October 2010 yesterday prayed the Accra Circuit Court to refuse him bail.
Michael Frimpong did not give any reason for his request but the presiding judge, Mr Kyei Baffour, declined his weird request and granted him bail in the sum of GH¢10,000 with three sureties.
The accused person, who has pleaded not guilty to one count of deceit of public officer, claimed that on the day of the said robbery, he could not have erection until he was hit with the butt of a gun that made him have sex with a 40-year-old woman.
When the matter was called in Accra yesterday, a State Attorney, Mr Paul A. Abariga, informed the court that the prosecution was not opposed to bail because investigations into the matter had been completed.
However, Michael shocked the court when he indicated he did not need bail. He said he wanted to be held in custody but the court held a different view and accordingly granted him bail.
Counsel for Amina Mohammed, Mr Andy Appiah-Kubi, however, alleged that Michael was a potential witness for Amina and was, therefore, being harassed by the police not to testify for Amina.
His claim has been described as false by Mr Abariga, who argued that it would be most unfortunate for the police to allow a criminal to walk the streets without being made to face the law.
The brief facts of the case were that the accused person went to the premises of a radio station in Achimota and pleaded for airtime to confirm Amina Mohammed’s claim that robbers attacked passengers when they reached Kintampo and that in the process, the robbers ordered a mass rape of female occupants of their bus.
According to the prosecution, the manager of the station did not give Michael the airtime and rather called the police who effected his (Michael’s) arrest.
The prosecution said Michael told the police during investigations that the bus he and Amina travelled on was a green OA bus but investigations later revealed that the said bus was rather an ash Yutong bus.
The prosecution further pointed out that Michael told investigators he had a ticket to prove he was on board the bus but he failed to produce the said ticket.
His case has been adjourned to January 17, 2011.
Meanwhile, Amina Mohammed, the woman at the centre of the rape and robbery story, has been charged with one count of publishing false news with intent to cause fear and panic.
She has pleaded not guilty and has been granted bail in the sum of GH¢5,000 with a surety.
Her trial has been adjourned to January 11, 2011.
The brief facts of Amina’s case were that she granted interviews to radio stations on October 26, 2010 and stated among other things that she was among passengers on a bus which was attacked by armed robbers when they reached Kintampo and that in the process the robbers ordered a mass rape of female occupants.
She was also quoted as saying a father was ordered to rape his 14-year-old daughter.
According to the prosecution, investigations revealed that such incident did not occur and said the driver of the said bus reported a case to the Ejisu Police and stated in his statement that his bus was nearly attacked by robbers at Kubease but he managed to escape although the windscreen of his vehicle was hit by a gunshot.
The prosecution further stated that the driver of the bus drove off 30 minutes after reporting the incident, which occurred at about 10 p.m. on October 11, 2010.
Osei-Adjei has no case to answer - Counsel
Wednesday, December 22, 2010 (Page 3 Lead)
COUNSEL for Akwasi Osei-Adjei, a former Minister of Foreign Affairs who is standing trial with another for allegedly causing financial loss to the state resulting from importation of rice from India, has argued that the state failed to make a case against his client to warrant the court to order him to open his defence.
In a written “submission of no case” filed on Osei-Adjei’s behalf by his lawyer, Mr Godfred Yeboah Dame, yesterday, the defence argued that the prosecution’s assertion that Osei-Adjei and the former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, did not heed to the Public Procurement Act was false and out of place.
Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and have been admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
According to Mr Dame, the Public Procurement Act did not apply in this case because public funds were not used to procure the rice.
The written address also stated that Osei-Adjei could not have stolen the rice because he and Gyimah had not been involved in the packaging, transportation and discharge of the rice.
It argued that the accused persons did not have access to the warehouse where the rice had been kept, adding that there was also no evidence on record to suggest that the rice had been diverted by the accused persons on the high seas.
The written address also pointed out that all the prosecution witnesses had informed the court during their testimonies that they (prosecution witnesses) had not seen the accused persons divert the rice.
The defence further argued that the government had kept the rice at the warehouse for seven months before releasing it to the NIB, pointing out that the delay in the release of the rice had led to the spoilage of some of it, thereby reducing its value.
It said the decision to keep the rice at the warehouse for seven months had nothing to do with the accused persons and, therefore, if any loss had resulted from the sale of the rice, that loss could not be linked to the accused persons.
It further argued that the accused persons had not been involved in the sale of the rice to cause any financial loss to the state.
The defence submitted further that the NIB had bought the rice and paid for it and, therefore, it belonged to the bank and not the government.
According to the written address, the accused persons did not have a hand in the storage of the rice which had resulted in a large chunk of it going bad due to poor storage.
The trial judge, Mr Justice Bright Mensah, directed counsel for Gyimah to file his written address on or before December 31, 2010, while the prosecution was directed to file its written address on or before January 26, 2011.
The prosecution called 17 witnesses in the trial which began in October 2009.
Hearing continues on January 26, 2011.
COUNSEL for Akwasi Osei-Adjei, a former Minister of Foreign Affairs who is standing trial with another for allegedly causing financial loss to the state resulting from importation of rice from India, has argued that the state failed to make a case against his client to warrant the court to order him to open his defence.
In a written “submission of no case” filed on Osei-Adjei’s behalf by his lawyer, Mr Godfred Yeboah Dame, yesterday, the defence argued that the prosecution’s assertion that Osei-Adjei and the former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, did not heed to the Public Procurement Act was false and out of place.
Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and have been admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
According to Mr Dame, the Public Procurement Act did not apply in this case because public funds were not used to procure the rice.
The written address also stated that Osei-Adjei could not have stolen the rice because he and Gyimah had not been involved in the packaging, transportation and discharge of the rice.
It argued that the accused persons did not have access to the warehouse where the rice had been kept, adding that there was also no evidence on record to suggest that the rice had been diverted by the accused persons on the high seas.
The written address also pointed out that all the prosecution witnesses had informed the court during their testimonies that they (prosecution witnesses) had not seen the accused persons divert the rice.
The defence further argued that the government had kept the rice at the warehouse for seven months before releasing it to the NIB, pointing out that the delay in the release of the rice had led to the spoilage of some of it, thereby reducing its value.
It said the decision to keep the rice at the warehouse for seven months had nothing to do with the accused persons and, therefore, if any loss had resulted from the sale of the rice, that loss could not be linked to the accused persons.
It further argued that the accused persons had not been involved in the sale of the rice to cause any financial loss to the state.
The defence submitted further that the NIB had bought the rice and paid for it and, therefore, it belonged to the bank and not the government.
According to the written address, the accused persons did not have a hand in the storage of the rice which had resulted in a large chunk of it going bad due to poor storage.
The trial judge, Mr Justice Bright Mensah, directed counsel for Gyimah to file his written address on or before December 31, 2010, while the prosecution was directed to file its written address on or before January 26, 2011.
The prosecution called 17 witnesses in the trial which began in October 2009.
Hearing continues on January 26, 2011.
Tuesday, December 21, 2010
Robbery at Lighthouse Chapel pastor's house - 3 JAILED 132 YRS • Murder case pending
Tuesday, December 21, 2010 (Lead Story)
THREE robbers who confessed to killing a 26-year-old pastor of the Lighthouse Chapel in a robbery operation at Gbawe, a suburb of Accra, were yesterday sentenced to a total of 132 years for robbery.
The three — Yaw Asamoah, 30, Kofi Yeboah, 30, and Osei Prempeh, 23 — were sentenced to 22 years each on each count of conspiracy and robbery. The sentences are to run consecutively.
A fourth accomplice, Ebo Kwabena, 30, was sentenced earlier this year by the same court to 20 years’ imprisonment for conspiring with the others to rob a bank manager.
Asamoah was sentenced in absentia, having escaped from lawful custody around 8 a.m. on October 27, 2010 when he was being escorted to stand trial in another court for a robbery offence.
Two prison officers are currently standing trial for allegedly aiding his escape.
The presiding judge, Mrs Patience Mills-Tetteh, was of the view that the prosecution had proved the guilt of the convicts beyond reasonable doubt.
She held that robbery was a menace to society and it was important for the court to give them a deterrent sentence.
The convicts, on January 13, 2010, pleaded guilty to the crime but Asamoah, Yeboah and Prempeh changed their pleas on January 27, 2010, with the excuse that the police had coerced them to confess.
Ebo Kwabena, however, maintained his guilty plea and was accordingly convicted to 20 years’ imprisonment on two counts of conspiracy and robbery on January 27, 2010.
On January 13, 2010, the four convicts pleaded guilty and prayed the court to mete out harsh punishment to them for committing the heinous crime of killing the pastor.
The judge, however, reminded them that they were before her for robbery and not murder.
The court, upon hearing their plea, made an order that a pump action gun stolen from the banker and which was retrieved from the robbers should be handed over to the owner.
The brief facts of the case were that Asamoah and his accomplices, armed with a pistol, committed a string of robberies between November and December 2009 and in the process broke into the premises of their victims and made away with a pump action gun, one box of cartridges, car keys, laptops, some mobile phones and cash.
According to the police, Asamoah and his accomplices struck in December 2009, attacked residents of Gbawe, robbed them of their personal belongings and killed Pastor Nii Addy of the Lighthouse Chapel before fleeing to commit more robberies.
However, luck eluded them on January 6, 2010 when they were arrested following a tip-off while preparing to embark on another robbery expedition.
THREE robbers who confessed to killing a 26-year-old pastor of the Lighthouse Chapel in a robbery operation at Gbawe, a suburb of Accra, were yesterday sentenced to a total of 132 years for robbery.
The three — Yaw Asamoah, 30, Kofi Yeboah, 30, and Osei Prempeh, 23 — were sentenced to 22 years each on each count of conspiracy and robbery. The sentences are to run consecutively.
A fourth accomplice, Ebo Kwabena, 30, was sentenced earlier this year by the same court to 20 years’ imprisonment for conspiring with the others to rob a bank manager.
Asamoah was sentenced in absentia, having escaped from lawful custody around 8 a.m. on October 27, 2010 when he was being escorted to stand trial in another court for a robbery offence.
Two prison officers are currently standing trial for allegedly aiding his escape.
The presiding judge, Mrs Patience Mills-Tetteh, was of the view that the prosecution had proved the guilt of the convicts beyond reasonable doubt.
She held that robbery was a menace to society and it was important for the court to give them a deterrent sentence.
The convicts, on January 13, 2010, pleaded guilty to the crime but Asamoah, Yeboah and Prempeh changed their pleas on January 27, 2010, with the excuse that the police had coerced them to confess.
Ebo Kwabena, however, maintained his guilty plea and was accordingly convicted to 20 years’ imprisonment on two counts of conspiracy and robbery on January 27, 2010.
On January 13, 2010, the four convicts pleaded guilty and prayed the court to mete out harsh punishment to them for committing the heinous crime of killing the pastor.
The judge, however, reminded them that they were before her for robbery and not murder.
The court, upon hearing their plea, made an order that a pump action gun stolen from the banker and which was retrieved from the robbers should be handed over to the owner.
The brief facts of the case were that Asamoah and his accomplices, armed with a pistol, committed a string of robberies between November and December 2009 and in the process broke into the premises of their victims and made away with a pump action gun, one box of cartridges, car keys, laptops, some mobile phones and cash.
According to the police, Asamoah and his accomplices struck in December 2009, attacked residents of Gbawe, robbed them of their personal belongings and killed Pastor Nii Addy of the Lighthouse Chapel before fleeing to commit more robberies.
However, luck eluded them on January 6, 2010 when they were arrested following a tip-off while preparing to embark on another robbery expedition.
Monday, December 20, 2010
The Ya-Na trial • Court declines prosecution's request to re-open its case
Saturday, December 18, 2010 (Page 3 Lead)
THE Accra Fast Track High yesterday refused the state’s request to reopen its case in the trial of 15 persons accused of murdering Ya-Na Yakubu Andani II, the Overlord of Dagbon.
According to the court, the prosecution’s request to lead fresh evidence with the alleged recording of a confession by one of the accused persons, Alhassan Braimah, the sixth accused person who has been charged with conspiracy, did not fall within the law.
It further ruled that the said recording, which allegedly quoted Braimah as confessing to killing the Ya-Na, did not constitute a confession statement, in the first place, by judicial standards because it had been done when the accused person was not under any investigation for the murder of the Ya-Na.
The court further submitted that the accused person had also not been charged with any criminal offence at the time the said recording was done on another person’s handset.
The presiding judge, Mr Justice E.K. Ayebi, held that it was unfortunate for the prosecution to do piecemeal prosecution by not disclosing the full content of Braimah’s alleged confession statement, only to turn around, after closing its case, to request a reopen.
“The prosecution has all along in this trial failed to comply with the rules to make full disclosure. Today, it has inured to its disadvantage,” he held.
Touching on an affidavit in support of the prosecution’s request which stated, among others, that the police, as of October 2010, had the evidence that they were now seeking to introduce, the court queried why the prosecution had not introduced it and rather chose to close its case on November 5, 2010, only to come two days later requesting to introduce evidence it (prosecution) had access to in October 2010.
It was of the view that even if the prosecution’s request was granted, “the new evidence will not tilt in favour of the prosecution. It will also cause further delay in the trial for no reason”.
The affidavit in support of the prosecution’s application had stated, among others, that during investigations, the name of Nsoh kept cropping up and further investigations revealed that Yakubu Mohammed, alias Anafo, had, among other things, recorded a message from Braimah on his handset.
The message was to be given to Nsoh, who Alhassan claimed had given him and Yakubu some military training in Togo, after Yakubu had refused to give him (Alhassan) Nsoh’s phone number.
Questioning the rationale behind the recording, the court wondered why Anafo should record the said confession, instead of taking the said telephone number, adding, “Why did he preserve the message?”
“The police also said in the course of the investigations, the name of Nsoh kept coming up. What did they do about it? I am unable to use my discretion to grant the application. The application is dismissed,” Mr Justice Ayebi pointed out.
According to the court, the police investigators would have located the said Nsoh before starting the trial if they had “really” been interested in doing so, adding that it was obvious the police had access to the said recording well before the prosecution closed its case on November 5, 2010.
It further pointed out that the only evidence the prosecution had against Braimah was the fact that he was alleged to have been seen holding a machete on the day of the violence.
“Was the prosecution saying it was going to prefer murder charges against the accused person?” the court queried.
It said if that was the case, the prosecution knew the procedure, which included amending the charge sheet to lead fresh evidence which would cause more delay, to no avail.
The court, accordingly, upheld the objection of lead defence lawyer, Mr Philip Addison, who stated, among others, that there was complete lack of due diligence on the part of the prosecution because the evidence it now sought to adduce had been available to it at all material times since the trial began.
The prosecution would have called five witnesses, in addition to the 12 witnesses it had already called, if the court had granted its request.
Following the court’s ruling, Mr Addison is expected to file a written submission of ‘no case’ on or before January 10, 2011, while the prosecution is expected to file its response on or before January 20, 2011.
The case has been adjourned to January 31, 2011.
The other accused persons, who are alleged to have played various roles leading to the death of the Ya-Na, are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
THE Accra Fast Track High yesterday refused the state’s request to reopen its case in the trial of 15 persons accused of murdering Ya-Na Yakubu Andani II, the Overlord of Dagbon.
According to the court, the prosecution’s request to lead fresh evidence with the alleged recording of a confession by one of the accused persons, Alhassan Braimah, the sixth accused person who has been charged with conspiracy, did not fall within the law.
It further ruled that the said recording, which allegedly quoted Braimah as confessing to killing the Ya-Na, did not constitute a confession statement, in the first place, by judicial standards because it had been done when the accused person was not under any investigation for the murder of the Ya-Na.
The court further submitted that the accused person had also not been charged with any criminal offence at the time the said recording was done on another person’s handset.
The presiding judge, Mr Justice E.K. Ayebi, held that it was unfortunate for the prosecution to do piecemeal prosecution by not disclosing the full content of Braimah’s alleged confession statement, only to turn around, after closing its case, to request a reopen.
“The prosecution has all along in this trial failed to comply with the rules to make full disclosure. Today, it has inured to its disadvantage,” he held.
Touching on an affidavit in support of the prosecution’s request which stated, among others, that the police, as of October 2010, had the evidence that they were now seeking to introduce, the court queried why the prosecution had not introduced it and rather chose to close its case on November 5, 2010, only to come two days later requesting to introduce evidence it (prosecution) had access to in October 2010.
It was of the view that even if the prosecution’s request was granted, “the new evidence will not tilt in favour of the prosecution. It will also cause further delay in the trial for no reason”.
The affidavit in support of the prosecution’s application had stated, among others, that during investigations, the name of Nsoh kept cropping up and further investigations revealed that Yakubu Mohammed, alias Anafo, had, among other things, recorded a message from Braimah on his handset.
The message was to be given to Nsoh, who Alhassan claimed had given him and Yakubu some military training in Togo, after Yakubu had refused to give him (Alhassan) Nsoh’s phone number.
Questioning the rationale behind the recording, the court wondered why Anafo should record the said confession, instead of taking the said telephone number, adding, “Why did he preserve the message?”
“The police also said in the course of the investigations, the name of Nsoh kept coming up. What did they do about it? I am unable to use my discretion to grant the application. The application is dismissed,” Mr Justice Ayebi pointed out.
According to the court, the police investigators would have located the said Nsoh before starting the trial if they had “really” been interested in doing so, adding that it was obvious the police had access to the said recording well before the prosecution closed its case on November 5, 2010.
It further pointed out that the only evidence the prosecution had against Braimah was the fact that he was alleged to have been seen holding a machete on the day of the violence.
“Was the prosecution saying it was going to prefer murder charges against the accused person?” the court queried.
It said if that was the case, the prosecution knew the procedure, which included amending the charge sheet to lead fresh evidence which would cause more delay, to no avail.
The court, accordingly, upheld the objection of lead defence lawyer, Mr Philip Addison, who stated, among others, that there was complete lack of due diligence on the part of the prosecution because the evidence it now sought to adduce had been available to it at all material times since the trial began.
The prosecution would have called five witnesses, in addition to the 12 witnesses it had already called, if the court had granted its request.
Following the court’s ruling, Mr Addison is expected to file a written submission of ‘no case’ on or before January 10, 2011, while the prosecution is expected to file its response on or before January 20, 2011.
The case has been adjourned to January 31, 2011.
The other accused persons, who are alleged to have played various roles leading to the death of the Ya-Na, are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Thursday, December 16, 2010
Court decides on prosecution’s request
Thursday, December 16, 2010 (Page 51)
THE state’s request to reopen its case in the trial of 15 persons accused of murdering the Overlord of Dagbon, Ya-Na Yakubu Andani II, will be decided by the Accra Fast Track High Court on Friday.
The state is expected to call five witnesses should its request be granted by the court, presided over by Mr Justice E. K. Ayebi.
The court fixed the date after counsel for the accused persons, Mr Philip Addison, had advanced his arguments which stated, among others, that the state had not satisfied the court on the charges preferred against the accused persons, for which reason it was coming up with the new application to drag on the case.
According to him, the prosecution had failed to demonstrate with concrete evidence why it must be allowed to reopen its case and for that reason the court should not grant the wish.
The lead prosecutor, Mr Wiredu, had closed the case for the prosecution on November 5, 2010 but later indicated its intention to reopen it.
An affidavit in support of the prosecution’s request to reopen the case deposed to by the Director of Operations at the Criminal Investigations Department (CID) at the Police Headquarters, DCOP Robert Ayalingo, said he supervised investigations and that as of October 2010 the police had the evidence that they were now seeking to introduce.
It said DCOP Ayalingo supervised investigations into the murder of the late Ya-Na Andani and stated that during investigations, the name of Nsoh kept cropping up and further investigations revealed that Yakubu Mohammed, alias Anafo, had, among other things, recorded a message from Alhassan Braimah, the sixth accused person, on his handset.
The message was to be given to Nsoh, whom Alhassan claimed had given him and Yakubu some military training in Togo, after Yakubu had refused to give him (Alhassan) Nsoh’s phone number.
In the recording, Alhassan Braimah, who has been charged with one count of conspiracy, was alleged to have confessed to killing the Ya-Na.
According to the prosecution, the message on the phone constituted a confession statement and was very significant to the case.
In a sharp response to the prosecution’s application to reopen the case, Mr Addison argued that there were only two people involved in the so-called recording, namely, Anafo and Braimah and, therefore, if the investigator said the name of Nsoh kept cropping up, his name might have been given to the investigator by Anafo.
“There is no information given to the court that there was any difficulty in getting the said Anafo and Nsoh who is alleged to be resident in Lome,” Mr Addison said.
He said there was complete lack of due diligence on the part of the prosecution because the evidence it now sought to adduce had been available to it at all material times since the trial began.
“Is the prosecution saying they have a recording of Braimah in which he is alleged to have confessed to the crime? Alhassan has been charged with conspiracy and not murder,” Mr Addison pointed out.
He said for the prosecution to say it had a confession from Braimah indicated that it was bringing a fresh case altogether when it had already called 12 witnesses in the case.
“To reopen the case and call five more witnesses means the prosecution seeks to contradict the 12 witnesses called so far,” Mr Addison said, and further argued that Braimah was not on trial for murder and so any alleged self confessions would further lead to embarrassment and a delay of the trial.
He further argued that Braimah was also not mentioned at the Wuaku Commission at all, adding that the alleged recording was done at a time Braimah was not under any investigations and, therefore, it could not amount to a confession statement.
The prosecution has so far called 12 witnesses in the case in which the 15 persons are standing trial for playing various roles resulting in the murder of the Ya-Na.
The accused persons are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
THE state’s request to reopen its case in the trial of 15 persons accused of murdering the Overlord of Dagbon, Ya-Na Yakubu Andani II, will be decided by the Accra Fast Track High Court on Friday.
The state is expected to call five witnesses should its request be granted by the court, presided over by Mr Justice E. K. Ayebi.
The court fixed the date after counsel for the accused persons, Mr Philip Addison, had advanced his arguments which stated, among others, that the state had not satisfied the court on the charges preferred against the accused persons, for which reason it was coming up with the new application to drag on the case.
According to him, the prosecution had failed to demonstrate with concrete evidence why it must be allowed to reopen its case and for that reason the court should not grant the wish.
The lead prosecutor, Mr Wiredu, had closed the case for the prosecution on November 5, 2010 but later indicated its intention to reopen it.
An affidavit in support of the prosecution’s request to reopen the case deposed to by the Director of Operations at the Criminal Investigations Department (CID) at the Police Headquarters, DCOP Robert Ayalingo, said he supervised investigations and that as of October 2010 the police had the evidence that they were now seeking to introduce.
It said DCOP Ayalingo supervised investigations into the murder of the late Ya-Na Andani and stated that during investigations, the name of Nsoh kept cropping up and further investigations revealed that Yakubu Mohammed, alias Anafo, had, among other things, recorded a message from Alhassan Braimah, the sixth accused person, on his handset.
The message was to be given to Nsoh, whom Alhassan claimed had given him and Yakubu some military training in Togo, after Yakubu had refused to give him (Alhassan) Nsoh’s phone number.
In the recording, Alhassan Braimah, who has been charged with one count of conspiracy, was alleged to have confessed to killing the Ya-Na.
According to the prosecution, the message on the phone constituted a confession statement and was very significant to the case.
In a sharp response to the prosecution’s application to reopen the case, Mr Addison argued that there were only two people involved in the so-called recording, namely, Anafo and Braimah and, therefore, if the investigator said the name of Nsoh kept cropping up, his name might have been given to the investigator by Anafo.
“There is no information given to the court that there was any difficulty in getting the said Anafo and Nsoh who is alleged to be resident in Lome,” Mr Addison said.
He said there was complete lack of due diligence on the part of the prosecution because the evidence it now sought to adduce had been available to it at all material times since the trial began.
“Is the prosecution saying they have a recording of Braimah in which he is alleged to have confessed to the crime? Alhassan has been charged with conspiracy and not murder,” Mr Addison pointed out.
He said for the prosecution to say it had a confession from Braimah indicated that it was bringing a fresh case altogether when it had already called 12 witnesses in the case.
“To reopen the case and call five more witnesses means the prosecution seeks to contradict the 12 witnesses called so far,” Mr Addison said, and further argued that Braimah was not on trial for murder and so any alleged self confessions would further lead to embarrassment and a delay of the trial.
He further argued that Braimah was also not mentioned at the Wuaku Commission at all, adding that the alleged recording was done at a time Braimah was not under any investigations and, therefore, it could not amount to a confession statement.
The prosecution has so far called 12 witnesses in the case in which the 15 persons are standing trial for playing various roles resulting in the murder of the Ya-Na.
The accused persons are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Govt, Kosmos resolve issues
Wednesday, December 15, 2010 (Back Page Lead)
GHANA has more to celebrate for its oil find following the amicable resolution of differences between the government and Kosmos Energy, one of the partners in the Jubilee Oilfields.
According to the Minister of Energy, Dr Joe Oteng-Agyei, issues pertaining to data disclosure on the oilfields to more than 17 companies by Kosmos Energy without government’s consent, as well as spillage of low toxicity crude on the high seas by the company, had all been settled.
There had also been a stalemate between the government and Kosmos over the company’s decision to sell its shares to Exxonmobil of the USA but that issue was no longer relevant following Kosmos’s decision not to sell its shares, the Energy Minister stated in an interview with the Daily Graphic.
He, however, declined to give details of the resolution, as well as the dates on which the issues were straightened out.
“It is not the best to disclose all those details after fruitful ongoing negotiations. We will breach the outcome of the negotiations which are ongoing. What is important is that there is no problem between Kosmos Energy and the government right now,” Dr Oteng-Agyei emphasised.
Ghana will today join the league of oil-producing countries when President J.E.A. Mills presses the knob to pave the way for the production of oil which was discovered in commercial quantities in June 2007.
Dr Oteng-Agyei said 55,000 barrels of crude will be produced in a day over a period of six to 10 months, adding that the production would gradually increase to 120,000 barrels a day over the next couple of years.
He gave the assurance that the government had put in place measures to ensure that the revenue generated was prudently used to develop the country for the benefit of all Ghanaians.
He said the government would also ensure that oil companies complied with the laws of the country and protected the environment, adding, “We, as a government, will uphold the rights of investors and deal with them in transparency, honesty and integrity.”
Kosmos Energy and its partners discovered oil in commercial quantities at West Cape Three Points in June 2007. The other partners in the Jubilee Oilfields are Tullow Oil Ghana Limited, Anadarko, Sabre Oil, the GNPC and the E. O. Group.
More discoveries have been made, aside from the Jubilee Oilfields, and due to the billions of dollars needed in the development of these oilfields, their exploitation will be carried out in phases.
GHANA has more to celebrate for its oil find following the amicable resolution of differences between the government and Kosmos Energy, one of the partners in the Jubilee Oilfields.
According to the Minister of Energy, Dr Joe Oteng-Agyei, issues pertaining to data disclosure on the oilfields to more than 17 companies by Kosmos Energy without government’s consent, as well as spillage of low toxicity crude on the high seas by the company, had all been settled.
There had also been a stalemate between the government and Kosmos over the company’s decision to sell its shares to Exxonmobil of the USA but that issue was no longer relevant following Kosmos’s decision not to sell its shares, the Energy Minister stated in an interview with the Daily Graphic.
He, however, declined to give details of the resolution, as well as the dates on which the issues were straightened out.
“It is not the best to disclose all those details after fruitful ongoing negotiations. We will breach the outcome of the negotiations which are ongoing. What is important is that there is no problem between Kosmos Energy and the government right now,” Dr Oteng-Agyei emphasised.
Ghana will today join the league of oil-producing countries when President J.E.A. Mills presses the knob to pave the way for the production of oil which was discovered in commercial quantities in June 2007.
Dr Oteng-Agyei said 55,000 barrels of crude will be produced in a day over a period of six to 10 months, adding that the production would gradually increase to 120,000 barrels a day over the next couple of years.
He gave the assurance that the government had put in place measures to ensure that the revenue generated was prudently used to develop the country for the benefit of all Ghanaians.
He said the government would also ensure that oil companies complied with the laws of the country and protected the environment, adding, “We, as a government, will uphold the rights of investors and deal with them in transparency, honesty and integrity.”
Kosmos Energy and its partners discovered oil in commercial quantities at West Cape Three Points in June 2007. The other partners in the Jubilee Oilfields are Tullow Oil Ghana Limited, Anadarko, Sabre Oil, the GNPC and the E. O. Group.
More discoveries have been made, aside from the Jubilee Oilfields, and due to the billions of dollars needed in the development of these oilfields, their exploitation will be carried out in phases.
Court decides fate of Onetouch Jan 20
Wednesday, December 15, 2010 (Page 3)
THE Accra Circuit Court will, on January 20, 2011, decide the guilt or otherwise of the Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, aka Prophet Onetouch, who has been accused of defiling his daughter.
The court, presided over by Mrs Georgina Mensah-Datsa, fixed the date after lead counsel for the accused person, Mr K. N. Adomako Acheampong, had announced that the defence team had closed its case.
Mr Acheampong made the announcement after a Chief State Attorney, Ms Helen Kwawukume, had cross-examined the Station Officer at the Akropong Police Station, Inspector Mohammed Ali Balah, who had, in his evidence, said on March 2, 2010, the complainant, Madam Bernice Owiredua Asamaa, the victim and her aunt had come to the Akropong-Akwapim Divisional Domestic Violence and Victims Support Unit (DOVVSU) to lodge a complaint about the alleged incest.
After announcing to the court that the defence had closed its case, Mr Acheampong said the defence would file its written address on December 24, 2010.
Ms Kwawukume, for her part, said she would file her response to the defence’s address on January 13, 2011.
After the parties had agreed on the dates, the trial judge then fixed January 20, 2011 as the date for judgement in the trial which has lasted nearly 11 months.
Prophet Onetouch has pleaded not guilty to one count of incest and rather accused a former watchman of his of defiling the victim.
He has since been refused bail by the circuit court.
In his evidence-in-chief, Inspector Balah said he was on duty when the complainant made the complaint and as a result he had come to Accra to arrest the accused but did not find him. However, the Odorkor Police Command agreed to arrest him.
Inspector Balah said on March 4, 2010, he sent the accused to the Akropong-Akwapim Police Station, where there was a meeting among the accused, the complainant, himself (Inspector Balah), the Akropong Divisional Commander of Police, Mina Ayim, and others.
He said at the meeting, the complainant told DCOP Ayim that the victim had told her aunt that the accused had been defiling her for the past two years, but the accused person denied and said it was one Efo who had confessed to him (accused) that he had inserted his fingers into victim’s vagina, for which reason the accused called the complainant to inform her and asked her to question the victim about it.
According to Inspector Balah, when DCOP Ayim enquired from the complainant about the truth in what the accused had said, she (complainant) admitted that it was true.
After the meeting, the accused was sent back to the Mampong-Akwapim Police Station cells.
Answering questions under cross-examination from Ms Kwawukume, the witness said he had assisted to build the docket on the case.
He said he had been subpoenaed to testify in the case and explained that he chose to be an independent witness to the accused person on the grounds that there had been nobody around to be an independent witness when he was taking statements from the accused person.
THE Accra Circuit Court will, on January 20, 2011, decide the guilt or otherwise of the Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, aka Prophet Onetouch, who has been accused of defiling his daughter.
The court, presided over by Mrs Georgina Mensah-Datsa, fixed the date after lead counsel for the accused person, Mr K. N. Adomako Acheampong, had announced that the defence team had closed its case.
Mr Acheampong made the announcement after a Chief State Attorney, Ms Helen Kwawukume, had cross-examined the Station Officer at the Akropong Police Station, Inspector Mohammed Ali Balah, who had, in his evidence, said on March 2, 2010, the complainant, Madam Bernice Owiredua Asamaa, the victim and her aunt had come to the Akropong-Akwapim Divisional Domestic Violence and Victims Support Unit (DOVVSU) to lodge a complaint about the alleged incest.
After announcing to the court that the defence had closed its case, Mr Acheampong said the defence would file its written address on December 24, 2010.
Ms Kwawukume, for her part, said she would file her response to the defence’s address on January 13, 2011.
After the parties had agreed on the dates, the trial judge then fixed January 20, 2011 as the date for judgement in the trial which has lasted nearly 11 months.
Prophet Onetouch has pleaded not guilty to one count of incest and rather accused a former watchman of his of defiling the victim.
He has since been refused bail by the circuit court.
In his evidence-in-chief, Inspector Balah said he was on duty when the complainant made the complaint and as a result he had come to Accra to arrest the accused but did not find him. However, the Odorkor Police Command agreed to arrest him.
Inspector Balah said on March 4, 2010, he sent the accused to the Akropong-Akwapim Police Station, where there was a meeting among the accused, the complainant, himself (Inspector Balah), the Akropong Divisional Commander of Police, Mina Ayim, and others.
He said at the meeting, the complainant told DCOP Ayim that the victim had told her aunt that the accused had been defiling her for the past two years, but the accused person denied and said it was one Efo who had confessed to him (accused) that he had inserted his fingers into victim’s vagina, for which reason the accused called the complainant to inform her and asked her to question the victim about it.
According to Inspector Balah, when DCOP Ayim enquired from the complainant about the truth in what the accused had said, she (complainant) admitted that it was true.
After the meeting, the accused was sent back to the Mampong-Akwapim Police Station cells.
Answering questions under cross-examination from Ms Kwawukume, the witness said he had assisted to build the docket on the case.
He said he had been subpoenaed to testify in the case and explained that he chose to be an independent witness to the accused person on the grounds that there had been nobody around to be an independent witness when he was taking statements from the accused person.
Tuesday, December 14, 2010
No end for Ataa Ayi
December 11, 2010 (Front Page)
GHANA’S most notorious armed robber, Raymond Aryee Aryeetey, alias Ataa Ayi, made another appearance in court yesterday to receive a 40-year jail sentence in addition to the 70-year jail term he is already serving for robbery.
A pale figure of how he looked four years ago, Ataa Ayi, 39, was found guilty on charges of conspiracy and robbery to serve the 40-year sentence with hard labour with effect from the day he completes his 70-year jail term.
He was sentenced with six others to a total of 260 years’ imprisonment for robbing a businesswoman of $65,000 and GH¢4,500 in February 2003.
The trial judge, Mr Justice P. Baffoe-Bonnie, a Supreme Court judge, had imposed the 70-year jail term on Ataa Ayi and his accomplices in 2006, after he had been nabbed in February 2005 for committing a string of robberies.
Four of his accomplices, namely, Raymond Ameh, Frederick Lamptey Annan, alias Nuumo, Kwabla Agbodogah, alias Rojay, and Samuel Kwaku Annan, alias Sammy Tugah, were also sentenced to 40 years’ imprisonment each.
Annan, Agbodogah and Ameh are already serving 69 years’ imprisonment each.
The court, however, sentenced two other accomplices, Nana Osei Razak and Nana Yaw Owusu, who confessed in March and July 2005, respectively, to conspiring with Ataa Ayi and the rest of the convicts to commit the robbery, to 30 years’ imprisonment.
The trial suffered a setback when Ataa Ayi, Owusu, Annan, Agbodogah and Tugah denied confessing to committing the crimes to the police. A mini trial was held in the process.
The prosecution called witnesses following the denial by the convicts that they had confessed to any wrongdoing to the police, with the explanation that they had been made to admit their caution statements under extreme duress, intimidation and threats of harm.
After the back-and-forth movements, the court gave its judgement in the presence of the prosecutor of the case, Mr Asiamah Sampong. Defence lawyers were absent.
Ataa Ayi and the other convicts who are in their 30s looked indifferent, as if to say, “We are condemned and have nothing to lose.”
Nuumo was assisted by prison guards to walk because sources said he had suffered a stroke in prison.
In March 2006, there had been a twist in the case when Razak confessed to committing the offence with the other convicts and said he had received $5,000 and GH¢200 after the robbery.
Another accomplice, Nana Yaw Owusu, had also confessed on July 4, 2005 to having committed the offence but explained that those he had committed the offence with were not those he was standing trial with.
Owusu had informed the court that the Ataa Ayi he had committed the offence with was not the Ataa Ayi in the dock along with him.
They were, therefore, convicted on the charges of conspiracy and robbery and their sentences deferred till yesterday.
The court, after the full trial, was of the view that the prosecution had proved the guilt of the accused persons beyond reasonable doubt and sentenced them accordingly.
Ataa Ayi and the three others — Samuel Kweku Annan, Agbodogah and Ameh — had, on February 27, 2006, been sentenced to a total of 277 years’ imprisonment with hard labour by the same court.
They had been convicted on two counts of conspiracy and robbing Prism Forex Bureau at Dzorwulu of GH¢7,000 at gunpoint on October 14, 2003.
In September 2008, Ataa Ayi and three others, namely, Sarfo Sarpong, Michael Tagoe and Nana Osei Razak, had been found guilty of raiding the Christ Apostolic Church (CAC) at gunpoint on May 19, 2004 and sentenced to 20 years’ imprisonment each.
GHANA’S most notorious armed robber, Raymond Aryee Aryeetey, alias Ataa Ayi, made another appearance in court yesterday to receive a 40-year jail sentence in addition to the 70-year jail term he is already serving for robbery.
A pale figure of how he looked four years ago, Ataa Ayi, 39, was found guilty on charges of conspiracy and robbery to serve the 40-year sentence with hard labour with effect from the day he completes his 70-year jail term.
He was sentenced with six others to a total of 260 years’ imprisonment for robbing a businesswoman of $65,000 and GH¢4,500 in February 2003.
The trial judge, Mr Justice P. Baffoe-Bonnie, a Supreme Court judge, had imposed the 70-year jail term on Ataa Ayi and his accomplices in 2006, after he had been nabbed in February 2005 for committing a string of robberies.
Four of his accomplices, namely, Raymond Ameh, Frederick Lamptey Annan, alias Nuumo, Kwabla Agbodogah, alias Rojay, and Samuel Kwaku Annan, alias Sammy Tugah, were also sentenced to 40 years’ imprisonment each.
Annan, Agbodogah and Ameh are already serving 69 years’ imprisonment each.
The court, however, sentenced two other accomplices, Nana Osei Razak and Nana Yaw Owusu, who confessed in March and July 2005, respectively, to conspiring with Ataa Ayi and the rest of the convicts to commit the robbery, to 30 years’ imprisonment.
The trial suffered a setback when Ataa Ayi, Owusu, Annan, Agbodogah and Tugah denied confessing to committing the crimes to the police. A mini trial was held in the process.
The prosecution called witnesses following the denial by the convicts that they had confessed to any wrongdoing to the police, with the explanation that they had been made to admit their caution statements under extreme duress, intimidation and threats of harm.
After the back-and-forth movements, the court gave its judgement in the presence of the prosecutor of the case, Mr Asiamah Sampong. Defence lawyers were absent.
Ataa Ayi and the other convicts who are in their 30s looked indifferent, as if to say, “We are condemned and have nothing to lose.”
Nuumo was assisted by prison guards to walk because sources said he had suffered a stroke in prison.
In March 2006, there had been a twist in the case when Razak confessed to committing the offence with the other convicts and said he had received $5,000 and GH¢200 after the robbery.
Another accomplice, Nana Yaw Owusu, had also confessed on July 4, 2005 to having committed the offence but explained that those he had committed the offence with were not those he was standing trial with.
Owusu had informed the court that the Ataa Ayi he had committed the offence with was not the Ataa Ayi in the dock along with him.
They were, therefore, convicted on the charges of conspiracy and robbery and their sentences deferred till yesterday.
The court, after the full trial, was of the view that the prosecution had proved the guilt of the accused persons beyond reasonable doubt and sentenced them accordingly.
Ataa Ayi and the three others — Samuel Kweku Annan, Agbodogah and Ameh — had, on February 27, 2006, been sentenced to a total of 277 years’ imprisonment with hard labour by the same court.
They had been convicted on two counts of conspiracy and robbing Prism Forex Bureau at Dzorwulu of GH¢7,000 at gunpoint on October 14, 2003.
In September 2008, Ataa Ayi and three others, namely, Sarfo Sarpong, Michael Tagoe and Nana Osei Razak, had been found guilty of raiding the Christ Apostolic Church (CAC) at gunpoint on May 19, 2004 and sentenced to 20 years’ imprisonment each.
Two cops jailed for robbery
December 9, 2010 (Front Page)
THE Accra Fast Track High Court yesterday sentenced two police officers to a total of 20 years’ imprisonment for robbing a Belgian national at Achimota, a suburb of Accra, on March 19, 2010.
The convicts, General Corporal David Koomson, 33, and Lance Corporal Franklin Turkson, 28, and two of their colleagues who are currently on the run were said to have assaulted the Belgian and in the process robbed him of his gold watch worth $25,000, cash of $5,000 and GH¢700, as well as his iPhone cellular phone worth $1,000.
Koomson, who was from the Panthers Unit and attached to the Flagstaff House, was said to have abandoned his guard post at 8 a.m. to commit the robbery.
The accomplices on the run are General Constable Isaac Shiburah and General Constable Edward Opoku.
Three other accomplices whose names were not provided to the court are also on the run.
Koomson and Turkson, who told the Belgian they were from the national security outfit before committing the offence, were convicted on two counts of conspiracy and robbery and were sentenced accordingly.
Each of them was sentenced to three years on the count of conspiracy and 10 years on the count of robbery. The sentences are to run concurrently.
The court, presided over by Mr Justice Senyo Dzamefe, a Court of Appeal judge with additional responsibility as a High Court judge, said the prosecution was able to prove the guilt of the accused persons beyond reasonable doubt.
He said the 11 prosecution witnesses were able to lead evidence to warrant the conviction of the accused, adding that the complainant was able to identify the convicts, to the extent of describing a scar on Turkson’s arm.
According to the court, the prosecution was able to prove that the convicts and their accomplices met and hatched a plan to rob the Belgian.
The convicts and their families looked sorrowful when judgement was passed.
The facts of the case were that the complainant, who was based in the United States of America (USA), arrived in the country to purchase gold.
According to the prosecution, two civilians picked him up from his hotel and informed him that they were taking him to a gold refinery.
On reaching a point at Achimota, Koomson and Turkson, together with the others on the run, alighted from a black VW Golf car, with registration number AS 3115 T, ordered the Belgian to get down from the vehicle and in the process handcuffed him, beat him up and took away his money and other valuables.
After robbing the Belgian, the convicts and their accomplices fled, leaving the Belgian to his fate. The Belgian managed to stop a taxi and the driver took him to a private radio station where an announcement on the robbery was made.
The convicts were arrested barely six hours after the robbery. Turkson was said to have confessed to have committed the crime and mentioned Koomson and others as his accomplices.
THE Accra Fast Track High Court yesterday sentenced two police officers to a total of 20 years’ imprisonment for robbing a Belgian national at Achimota, a suburb of Accra, on March 19, 2010.
The convicts, General Corporal David Koomson, 33, and Lance Corporal Franklin Turkson, 28, and two of their colleagues who are currently on the run were said to have assaulted the Belgian and in the process robbed him of his gold watch worth $25,000, cash of $5,000 and GH¢700, as well as his iPhone cellular phone worth $1,000.
Koomson, who was from the Panthers Unit and attached to the Flagstaff House, was said to have abandoned his guard post at 8 a.m. to commit the robbery.
The accomplices on the run are General Constable Isaac Shiburah and General Constable Edward Opoku.
Three other accomplices whose names were not provided to the court are also on the run.
Koomson and Turkson, who told the Belgian they were from the national security outfit before committing the offence, were convicted on two counts of conspiracy and robbery and were sentenced accordingly.
Each of them was sentenced to three years on the count of conspiracy and 10 years on the count of robbery. The sentences are to run concurrently.
The court, presided over by Mr Justice Senyo Dzamefe, a Court of Appeal judge with additional responsibility as a High Court judge, said the prosecution was able to prove the guilt of the accused persons beyond reasonable doubt.
He said the 11 prosecution witnesses were able to lead evidence to warrant the conviction of the accused, adding that the complainant was able to identify the convicts, to the extent of describing a scar on Turkson’s arm.
According to the court, the prosecution was able to prove that the convicts and their accomplices met and hatched a plan to rob the Belgian.
The convicts and their families looked sorrowful when judgement was passed.
The facts of the case were that the complainant, who was based in the United States of America (USA), arrived in the country to purchase gold.
According to the prosecution, two civilians picked him up from his hotel and informed him that they were taking him to a gold refinery.
On reaching a point at Achimota, Koomson and Turkson, together with the others on the run, alighted from a black VW Golf car, with registration number AS 3115 T, ordered the Belgian to get down from the vehicle and in the process handcuffed him, beat him up and took away his money and other valuables.
After robbing the Belgian, the convicts and their accomplices fled, leaving the Belgian to his fate. The Belgian managed to stop a taxi and the driver took him to a private radio station where an announcement on the robbery was made.
The convicts were arrested barely six hours after the robbery. Turkson was said to have confessed to have committed the crime and mentioned Koomson and others as his accomplices.
No military here - Court directs at Mobilla trial
December 8, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday directed the Military High Command to transfer, with immediate effect, the two soldiers who are alleged to have murdered Alhaji Issa Mobilla from military custody into prison custody.
The court warned that it would have no option but cite military personnel for contempt if they escorted Corporal Yaw Appiah and Private Eric Modzaka to court on the next adjourned date.
According to the court, it was not fair for the accused persons to be escorted to court by military personnel, in contravention of a March 24, 2009 order by the Tamale High Court for their detention in prison custody, when the police usually obeyed court orders.
The two and Private Seth Goka, who is on the run, were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder, while Goka is being tried in absentia.
Reminding the Military High Command of the Tamale High Court order which remanded the two into custody, the court was of the view that as far as it was concerned, there was no other order reversing the directive by the Tamale High Court.
The trial judge, Mr Justice Senyo Dzamefe, a Court of Appeal judge sitting with additional responsibility as a High Court judge, accordingly urged an Army lieutenant who had led the military escorts to inform his superiors of the court’s directive.
The court had earlier directed the prosecution and the defence teams to file their addresses on whether the trial should continue or start afresh following the recovery of the foreman of the seven-member jury who had suffered a stroke in the course of the trial.
The foreman, who had been replaced with another juror, recuperated before the trial resumed and for that reason a Chief State Attorney, Ms Penelope Marmattah, prayed the court to continue hearing the case.
However, counsel for the accused persons, Mr Thaddeus Sory, objected to the continuation of the case and prayed the court to start hearing it afresh.
Following Mr Sory’s objection, the trial judge gave the prosecution and the defence up to Tuesday, December 14, 2010 to file their addresses.
The trial judge was also expected to decide whether or not he would continue hearing the matter, following an objection from Mr Sory who prayed the judge to step aside following his promotion to the Court of
Appeal.
According to Mr Sory, the judge had failed to produce any document to prove that the Chief Justice had appointed him (trial judge) to hear the matter afresh.
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 claimed that they 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 him over to the three accused persons.
According to the prosecution, Alhaji Mobila died in military custody 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 was sent to the hospital dead and that he died from multiple wounds.
THE Accra Fast Track High Court yesterday directed the Military High Command to transfer, with immediate effect, the two soldiers who are alleged to have murdered Alhaji Issa Mobilla from military custody into prison custody.
The court warned that it would have no option but cite military personnel for contempt if they escorted Corporal Yaw Appiah and Private Eric Modzaka to court on the next adjourned date.
According to the court, it was not fair for the accused persons to be escorted to court by military personnel, in contravention of a March 24, 2009 order by the Tamale High Court for their detention in prison custody, when the police usually obeyed court orders.
The two and Private Seth Goka, who is on the run, were alleged to have murdered Alhaji Mobilla, who was the Northern Regional Chairman of the Convention People’s Party (CPP), on December 9, 2004.
Appiah and Modzaka have pleaded not guilty to two counts of conspiracy and murder, while Goka is being tried in absentia.
Reminding the Military High Command of the Tamale High Court order which remanded the two into custody, the court was of the view that as far as it was concerned, there was no other order reversing the directive by the Tamale High Court.
The trial judge, Mr Justice Senyo Dzamefe, a Court of Appeal judge sitting with additional responsibility as a High Court judge, accordingly urged an Army lieutenant who had led the military escorts to inform his superiors of the court’s directive.
The court had earlier directed the prosecution and the defence teams to file their addresses on whether the trial should continue or start afresh following the recovery of the foreman of the seven-member jury who had suffered a stroke in the course of the trial.
The foreman, who had been replaced with another juror, recuperated before the trial resumed and for that reason a Chief State Attorney, Ms Penelope Marmattah, prayed the court to continue hearing the case.
However, counsel for the accused persons, Mr Thaddeus Sory, objected to the continuation of the case and prayed the court to start hearing it afresh.
Following Mr Sory’s objection, the trial judge gave the prosecution and the defence up to Tuesday, December 14, 2010 to file their addresses.
The trial judge was also expected to decide whether or not he would continue hearing the matter, following an objection from Mr Sory who prayed the judge to step aside following his promotion to the Court of
Appeal.
According to Mr Sory, the judge had failed to produce any document to prove that the Chief Justice had appointed him (trial judge) to hear the matter afresh.
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 claimed that they 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 him over to the three accused persons.
According to the prosecution, Alhaji Mobila died in military custody 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 was sent to the hospital dead and that he died from multiple wounds.
£110 million pounds recovered from Internet fraudsters
Monday, December 6, 2010 (Page 54)
ONE hundred and ten million pound sterling was recovered from Internet fraudsters between 2007 and the last quarter of 2010, while 12,000 fraudulent e-mails were intercepted during the same period.
The amount, which would have been lost by individuals the world over, was recovered through the joint efforts of the Economic and Financial Crimes Commission (EFCC) of Nigeria and the Serious Organised Crime Agency (SOCA), Europe.
Within the period, the two bodies also intercepted 3,870 scam e-mails from reaching potential victims and managed to alert 700,000 potential victims who could have lost millions of dollars.
A Principal Staff Officer of the EFCC, Mr Bala Sanga, disclosed this at a press conference after a three-day summit on cybercrime in Abuja, Nigeria.
More than 300 delegates, mainly law enforcement personnel from 15 West African countries, Europe and the United States of America (USA), attended the summit on the theme: "The Fight against Cybercrime: Towards Innovative and Sustainable Economic Development".
It was organised by the EFCC in collaboration with Microsoft and the United Nations Office on Organised Crime (UNODC).
The event was hosted by the EFCC in conjunction with Microsoft, the Economic Community of West Africa States (ECOWAS) and United Nations Office on Drugs and Crime (UNODC) with the Council of Europe, International Police Organisation (INTERPOL) and SOCA participating.
Explaining further, Mr Sanga said the EFCC had also set up a transaction clearing platform to provide basic due diligence, which includes the profitability of a business proposal, track record of the solicitor of the business, as well as the identity and existence of the business to enable investors to make informed decisions.
According to Mr Sanga, the bureau was set up to provide free services to potential investors who had received business proposals.
Mr Sanga urged African governments to be on the alert and flush out these criminals whose activities were tarnishing the image of the continent.
The Citizenship Programme Manager of Microsoft West and Central Africa, Dr (Mrs) Jummmai Umar-Ajijola, urged all stakeholders to be on deck to fight cyber crime to the barest minimum.
She said there was a programme in place to divert the attention of the youth from cyber crime to productive ventures, adding that Microsoft had so far signed a Memorandum of Understanding (MOU) with the Nigerian government to, among other things, check child pornography on the Internet.
The Officer in charge of Conference Support Section, Focal Point for Cyber Crime, Organised Crime and Illicit Trafficking Branch of the UNODC, Ms Gillian S. Murray, said 3,000 child pornography websites were currently in existence.
She said the UNODC was making inroads into the fight against child pornography and exploitation and accordingly advised parents and teachers to join the fight.
The Director in charge of Digital Crimes Unit, Legal and Corporate Affairs of Microsoft, Europe, Middle East and Africa gave the assurance that Microsoft would continue to support the fight against cyber crime.
ONE hundred and ten million pound sterling was recovered from Internet fraudsters between 2007 and the last quarter of 2010, while 12,000 fraudulent e-mails were intercepted during the same period.
The amount, which would have been lost by individuals the world over, was recovered through the joint efforts of the Economic and Financial Crimes Commission (EFCC) of Nigeria and the Serious Organised Crime Agency (SOCA), Europe.
Within the period, the two bodies also intercepted 3,870 scam e-mails from reaching potential victims and managed to alert 700,000 potential victims who could have lost millions of dollars.
A Principal Staff Officer of the EFCC, Mr Bala Sanga, disclosed this at a press conference after a three-day summit on cybercrime in Abuja, Nigeria.
More than 300 delegates, mainly law enforcement personnel from 15 West African countries, Europe and the United States of America (USA), attended the summit on the theme: "The Fight against Cybercrime: Towards Innovative and Sustainable Economic Development".
It was organised by the EFCC in collaboration with Microsoft and the United Nations Office on Organised Crime (UNODC).
The event was hosted by the EFCC in conjunction with Microsoft, the Economic Community of West Africa States (ECOWAS) and United Nations Office on Drugs and Crime (UNODC) with the Council of Europe, International Police Organisation (INTERPOL) and SOCA participating.
Explaining further, Mr Sanga said the EFCC had also set up a transaction clearing platform to provide basic due diligence, which includes the profitability of a business proposal, track record of the solicitor of the business, as well as the identity and existence of the business to enable investors to make informed decisions.
According to Mr Sanga, the bureau was set up to provide free services to potential investors who had received business proposals.
Mr Sanga urged African governments to be on the alert and flush out these criminals whose activities were tarnishing the image of the continent.
The Citizenship Programme Manager of Microsoft West and Central Africa, Dr (Mrs) Jummmai Umar-Ajijola, urged all stakeholders to be on deck to fight cyber crime to the barest minimum.
She said there was a programme in place to divert the attention of the youth from cyber crime to productive ventures, adding that Microsoft had so far signed a Memorandum of Understanding (MOU) with the Nigerian government to, among other things, check child pornography on the Internet.
The Officer in charge of Conference Support Section, Focal Point for Cyber Crime, Organised Crime and Illicit Trafficking Branch of the UNODC, Ms Gillian S. Murray, said 3,000 child pornography websites were currently in existence.
She said the UNODC was making inroads into the fight against child pornography and exploitation and accordingly advised parents and teachers to join the fight.
The Director in charge of Digital Crimes Unit, Legal and Corporate Affairs of Microsoft, Europe, Middle East and Africa gave the assurance that Microsoft would continue to support the fight against cyber crime.
Subscribe to:
Posts (Atom)