GYEEDA trial: Abuga Pele, Asibit asked to open defence

The Financial Division of the High Court has ordered former boss of the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA),  Abuga Pele and another, to open their defence for causing financial loss of GHC 4.1 million to the state.

Pele and Philip Akpeena Assibit, a private businessman are to open their defence on July 13, 2015.

Lawyers for the two had filed a submission of no case praying the court to free them but the trial judge, Mrs Justice Afia Serwaa Asare-Botwe, held a different view on the grounds that the prosecution had established a prima face case against them.

The two kept their composure and left the courtroom in the company of their lawyers Carl Adongo and Raymond Bagnabu.

Pele was alleged to have recommended payment of the said amount to Assibit, with the explanation Assibit had secured a $65 million facility from the World Bank for a Youth Enterprise Development Programme (YEDP), trained 250 youth as well as conducted tracer studies for an exit strategy for the said youth.

But the court held that the prosecution had led evidence to prove the said claims were false and for that reason, it was important for the accused persons to open their defence to discredit the evidence led by the prosecution.

The defence team had also argued Assibit never held himself as a consultant but the trial judge read documents and memos to prove he Assibit) had indeed held himself as such at all material times, and had even signed documents to that effect.

These and other evidence led by the prosecution, according to the court, had shifted the burden on the accused persons to prove their innocence.

Background

A Chief State Attorney, Mrs Evelyn Keelson, led the prosecution to call seven witnesses. She announced the closure of the prosecution’s case on April 20, 2015, the lawyer for Pele, Mr Adongo, finished cross-examining the investigator in the case.

The investigator, Mrs Diana Adu-Anane, began testifying on March 17, 2015.

The other prosecution witnesses were Alhaji Nuru Hamidan, formerly of GYEEDA, Mohammed Pelpuo also of GYEEDA, Ms Gladys Ghartey of the Ministry of Finance and Economic Planning (MOFEP), Mr Clement Humado, a former Minister of Youth and Sports, Dr Sulley Ali Gariba of the Management Productivity and Development Institute (MDPI) and Mr Eric Sunu, an internal auditor.

Charges

The state has accused Assibit of putting in false claims that he had secured a $65-million World Bank funding for the creation of one million jobs for the youth, resulting in the government parting with GH¢4.1 million.

Pele is alleged to have acted in a manner resulting in the loss of the amount to the state.

Pele has pleaded not guilty to two counts of abetment of crime, intentionally misapplying public property, and five counts of wilfully causing financial loss to the state.

Assibit has also pleaded not guilty to six counts of defrauding by false pretences and five counts of dishonestly causing loss to public property. 

They are both on bail.

Facts of the case

The facts of the case were that in 2009, Pele, on assumption of office as the National Co-ordinator of then NYEP, entered into a contract with Assibit, a representative of Goodwill International Group (GIG).

Under the terms of the agreement, the NYEP was described as the ‘host’, while the GIG was tagged as the ‘strategic partner’.

According to the prosecution, the parties agreed to combine their labour, properties and skills for the purpose of engaging in resource mobilisation, investor sourcing, management consulting, capacity building, career development, training services, among other jobs.

Per the agreement, the GIG was responsible for resource mobilisation and undertook to provide preliminary funds for the development of the programme, while the parties agreed to equally share the profits that would accrue out of the agreement.

“Meanwhile, there is nothing on record in terms of business proposals or documents forming the basis of engaging the GIG as a strategic partner,” the prosecution stated.

Assibit, between May 2011 and May 2012, “made a number of payment claims for consultancy services he claimed to have rendered to the NYEP, ranging from the provision of exit plan and strategy for all NYEP modules, established a Youth Enterprise Development Project which he claimed to have used in securing approval for a World Bank facility of $65 million for the NYEP and had recruited and trained 250 youth to support the implementation of what he referred to as the World Bank-funded Youth Enterprise Development Programme (YEDP),” it said.

False Claims

Continuing with the evidence gathered against the accused persons, Mrs Keelson told the court that the representations put forward by Assibit were supported by Pele, who used them as the basis for justifying, recommending and approving a total amount of GH3,330, 568.53, the equivalent of $1,948,626.68, to Assibit, claiming, among others, that, Assibit’s work had directly resulted in a World Bank support of $65 million for the NYEP.

“Meanwhile, investigations revealed that all these representations were false,” she pointed out, and further indicated that investigations revealed that the GIG was never appointed a consultant to the NYEP.

The prosecution said Assibit had failed to provide any exit plan and strategy for the NYEP modules, adding that Assibit had again not conducted any financial engineering for the approval of a World Bank facility of $65 million, as he had claimed and been corroborated by Pele.

“Indeed, there has not been any approval by the World Bank of $65 million for the NYEP,” it pointed out, and said investigations also discovered that in August 2012, Assibit was paid an additional GH¢835,000 under the guise of what was referred to as “tracer studies” for the World Bank as the last requirement needed to be met for the approval of the $65 million facility.

According to the prosecution, Assibit’s claims on the tracer studies were also supported by Pele and grounded upon which Pele approved the payment of the amount to Assibit.

Pele’s actions, according to the prosecution, had caused financial loss to the state and it was based on those facts that the accused persons had been put before the court.

World Bank approves $700m for gas exploration in Western Region

Ghana's oil and gas industry has received a boost following the World Bank’s approval of $700 million for exploration of oil and gas offshore Cape Three Points in the Western Region.

Italy's largest oil company, ENI Spa, and its partners are expected to utilise the amount for drilling and other works.

The Minister of Energy and Petroleum, Mr Emmanuel Armah-Kofi Buah, told the Daily Graphic in an interview in Accra at the weekend that “the government is excited because the development of Ghana’s oil and gas fields would go a long way to further boost the economy”.

Ghana took another major step towards the realisation of energy and power security with the signing of an agreement for the development of the Offshore Cape Three Points (OCTP) integrated oil and gas project in January 2015 at the Peduase Lodge.

The $7 billion project, being undertaken by ENI Spa in collaboration with Vitol Energy, would see the development of the Sankofa and Gye Nyame fields to provide substantial gas to operate the thermal power plants for 20 years.

World Bank

Correspondence from the World Bank to the beneficiaries of the facility indicated that the approval was given following a senior management discussion on the OCTP project late last month.

ENI Spa, Vitol, the Ghana National Petroleum Corporation (GNPC) and the government of Ghana are expected to study the terms and conditions of the proposed World Bank guarantees to pave way for final discussions on the guarantee package.

The Board is expected to consider the approval on July 30, 2015.

Project specifics

Oil production from the OCTP is estimated at 80,000 barrels per day and will start in 2017, while gas comes on stream in 2018.

The project will deliver 170 million cubic feet of gas per day and it is expected to generate an additional 1,100 megawatts of power for Ghana.

Gas will be processed and transported via a dedicated pipeline to onshore gas-receiving facilities located near Sanzule, a village on the coast in the Western Region. 

The gas will also be compressed and injected into the Western Corridor Gas Pipeline for transportation to industrial customers in Ghana.

Crude oil will also be stored in the FPSO and offloaded to tankers for sale on the international market.

GNPC is representing Ghana on the project.

Landmark event

President John Dramani Mahama described the signing of the agreement in January 2015 as "a landmark event in the development of oil and gas in Ghana," as it would lead to energy and power security for the nation.

The agreement was signed among the oil companies, the GNPC and the Ministry of Petroleum.

He said a survey on Ghana had revealed that energy was the most binding constraint on the economy.

The Chief Executive of the GNPC, Mr Alex Mould, and the Minister of Petroleum, Mr Buah, signed for Ghana, while the Executive Vice-President of ENI Spa in charge of Sub-Saharan Africa, Mr Ciro Antonio Pagano, and the President and CEO of Vitol, Mr Tan Taylor, signed for ENI and Vitol respectively.

ENI Vice-President

Mr Pagano said the fact that the project was coming on board at a difficult time for the oil and gas industry, due to the falling prices, was a testimony of the trust the company had in the Ghanaian economy.

Vitol’s CEO

Mr Taylor said the company was proud to be part of such an important venture.

"Vitol has been supplying energy to Ghana for over 25 years and we are delighted to be able to contribute to the development of Ghana’s economy through a major domestic energy solution," he said.

Motorists decry fuel price increases

Mr Moses Asaga - NPA boss

The full deregulation of the downstream petroleum industry took effect yesterday with a four per cent increment in petroleum prices.

But drivers have decried the increase and have asked the Ghana Road Transport Coordinating Council (GRTCC) and the Ghana Private Road Transport Union (GPRTU) to adjust transport fares because they are suffering.

The new price has been highlighted on the notice boards of the Oil Marketing Companies’ (OMCs’) outlets across the country.

While the Ghana Oil Company Limited (GOIL) maintained the old price of GH¢3.33 per litre for petrol, the other OMCs have increased their prices.

The new price indicated on the notice boards of other OMCs is GH¢3.46 pesewas for a litre of petrol.

Explaining the rationale behind the full deregulation of the downstream petroleum sector to the Daily Graphic in Accra Tuesday, the Chief Executive Officer (CEO) of the National Petroleum Authority (NPA), Mr Moses Asaga, said although the NPA had given full backing to the OMCs and Bulk Oil Distributors (BDCs) to set their own prices, his outfit would continue to monitor their activities to ensure the protection of consumers.

“What we are saying is that in this first step of full deregulation of ex-pump price, there is an indicative price setting based on international market price for petrol, diesel and liquefied petroleum gas (LPG) and the depreciation of the cedi which are the factors that led to the four per cent increment,” Mr Asaga explained.

He said the four per cent increment was the maximum price at which the OMCs could set their prices but indicated that they reserved the right to sell below the indicative price.

Competition

“This new measure would create competition in the industry but the NPA will continue to give the indicative price and direct all OMCs to go by it,” Mr Asaga said.

Mr Asaga said the OMCs would do the computation of the prices based on existing indicators and later forward their prices to the NPA for publication.

Price Uniformity

Under the NPA Act, prices of petroleum products are supposed to be uniform across the country, irrespective of whether or not more funds are expended in transporting those products.

Per the new arrangement, the continuation of price uniformity would be OMC-specific. Thus, prices should be the same at all departments.

Mr Asaga gave the assurance that the NPA would protect the public interest and urged the Consumer Protection Agency (CPA) to be active.

A press release issued by the NPA in Accra last Monday stated that the NPA would monitor the application of the Prescribed Petroleum Pricing Formula to ensure that all petroleum service providers applied the formula in the right way and that defaulters would be duly sanctioned.

In Accra, Emelia Ennin Abbey reports that some commercial drivers described the four per cent increase in fuel prices as unreasonable, since they were yet to increase transportation fares since the last upward adjustment over a month ago.

The motorists said commercial drivers were directed to not increase transport fares following the increase in the prices of fuel but apart from the increase in fuel prices, the prices of some products such as vehicle spare parts and lubricants had also gone up.

The development, they said, had resulted in a depletion of their resources since their expenditure had gone up but their income had dwindled.

“We were waiting for our leaders to come up with a review of transportation fares but while that was yet to happen the four per cent increase has been announced. Why should we be made to suffer all the time,” asked Nana Kwesi Agyeman, one of the drivers.

In an interview, Mr Agyeman who has been plying the Accra-Kumasi road for the past 18 years, criticised the NPA for deregulating the fuel supply industry.

“It is like blank cheques for whoever feels the need to balance the books by plundering drivers' pockets,” he said.

However, another driver, Mr Yaw Asumani, a member of the Accra-Nkawkaw GPRTU Circle Neoplan branch, was of the view that the deregulation would ensure transparency in the industry.

“The point we are making is that drivers can now see what is happening between wholesale fuel prices and prices at the pump. I absolutely think there will be more transparency.”

He also said as oil marketing companies display their pump prices, "It would be much fairer, and allow motorists to decide where to buy their fuel. You will know who is trying to make an honest living and who is being greedy. It would be helpful to the motorists.”

Regions

Reports from the regions yesterday indicated that while some fuel stations were charging old prices, others had effected the new prices.
From Bolgatanga, Vincent Amenuveve reports that some fuel stations in the Bolgatanga municipality were waiting for confirmation from their superiors in Accra before charging the new prices.

A visit to some fuel stations in the municipality showed that they were still charging the old fuel prices.

At the Total and Nasona fuel stations, for instance, the fuel attendants were still charging the old prices.

A gallon of petrol sold at the old price of GH¢14.985, while diesel sold at GH¢14.58 at the Total fuel stations.

Some filling stations in Koforidua are selling one litre of petrol at GH¢3.47 and diesel at GH¢3.37, compared to the previous GH¢3.33 and GH¢3.45, respectively reports George Folley.

At the Nasona fuel station, petrol was sold at GH¢3.45 per litre, while diesel remained a the old price.

The prices at all the Total fuel stations had not been changed. 

Meanwhile some transport owners interviewed by the Daily Graphic called on the hierarchy of the GPRTU to adjust fares upwards since most of them were suffering.

Sunyani

In the Sunyani municipality, Emmanuel Adu-Gyamerah reports that some fuel stations responded to the full implementation of the deregulation policy by slightly adjusting their prices upwards, while others were yet to increase their prices.

At the Total fuel station, the Assistant Manager, Mr Richard Boahen, told the Daily Graphic that their price of petrol had been increased from GH¢3.33 per litre to GH¢3.47, while the price of diesel had also been increased from GH¢3.24 to GH¢3.37 per litre.

Kerosene also increased from GH¢3.19 per litre to GH¢3.32 per litre.

At the Goil and Shell fuel stations near the Poly Roundabout there had not been any increase at the time of the reporter's visit but a fuel attendant at the Shell fuel station, Mr Ruben Ayitey, explained that the manager was at a meeting with his colleagues.

A taxi driver who pleaded anonymity said "we cannot wait for increases in fares to be announced from Accra before we start increasing our fares."

From Ho, Tim Dzamboe reports that almost all the fuel stations have increased the prices of their products.

Accordingly, a litre of diesel which was selling at GH¢3.24 was now selling at the GH¢3.37, while a litter of petrol was selling at GH¢3.33 was now selling at GH¢3.47.

Stop ‘Rambo style’ demolition of fuel stations — OMCs

A new fuel station demolished at Mile 7 in Accra

The Association of Oil Marketing Companies (OMCs) has slammed what it termed “Rambo style” demolition of fuel filling stations by state officials in some parts of Accra.

The Chief Executive Officer (CEO) of the AOMCs, Mr Kwaku Agyemang-Duah defended the affected filling stations as having been issued licences by the appropriate regulatory authorities to operate.

At a news conference in Accra at the weekend he said the closure of fuel filling stations had the innate result of culminating in “chaos and anarchy” in the society and inflaming passion among the citizenry and, thereby, create disaffection for OMCs and Liquefied Gas Marketers (LPGMs).

The Minister of Environment, Science and Innovation (MESTI), Mr Mahama Ayariga, last week led a team to demolish some filling stations perceived to be on watercourses or operating without licence but Mr Agyemang-Duah noted that “OMCs/LPGMs are neither monsters nor criminals but are Ghanaians making a living by legally investing in the petroleum industry.”
According to the industry co-ordinator, “the blame game at this stage of our national life rather exacerbates the already precarious situation.”

He was of the view that the situation needed a “deep-seated thought, a thorough, unbiased and unfettered investigations to identify the root causes while consolidating or improving the existing industry standards for public safety and assurance.

Processes

Walking journalists through the processes leading to the grant of licence for the running of a fuel filling station, Mr Agyemang-Duah said agencies such as the Town and Country Planning, Metropolitan, Municipal and District Assemblies (MMDAs), the Ghana Standards Authority (GSA), the Ghana National Fire Service (GNFS) and the NPA played various roles in the licensing regime and for that reason, it was impossible for any filling station to operate without licence.
He nonetheless indicated the OMCs’ support for the government to ensure safety measures were adhered to by OMCs.

‘Stay away’

Highlighting new measures being implemented by OMCs to protect life and property, Mr Agyemang-Duah reminded the general public that petroleum retail outlets were restricted areas and for that reason, any person who did not have any business there should not venture nearing them.

“No one should smoke or use smoking materials in the hazardous area around the dispenser; the engine of the vehicle to be filled should be switched off, desist from making the retail outlets a parking lot and an emergency shelter and consumers should observe all safety signs at retail outlets,” Mr Agyemang-Duah said.
The industry co-ordinator disclosed that the AOMCs had a committee on safety and health to monitor the activities of its members and was, therefore, of the view that there was no need for the government to engage an auditor to begin nationwide audit of all filling stations.

Siting of retail outlets

Tackling concerns about the siting of retail outlets in residential areas, Mr Agyemang-Duah said the industry had been in existence in the country for more than 50 years and that most filling stations were in existence before residential facilities sprang up around them.
Aside from that, he explained that retail outlets were sited after members had met regulatory and other requirements.
He declined to comment on the probable cause of the fire outbreak at Circle on June 3 but advised Ghanaians to desist from making statements on issues they knew little or nothing about.

“Such flammable utterances, innuendos and castigations have the tendency to malign and destroy the OMCs/LPGMs who have invested in these service stations and have been rendering very meaningful services to the country at large for more than 50 years,” Mr Agyemang-Duah pointed out.

Asked if the AOMCs welcomed moves by the government to fully deregulate the downstream petroleum industry, Mr Duah-Agyemang answered in the affirmative.
He extended the association’s condolences to the bereaved families and said its members would in due course announce a package for the flood fire victims.

Goil fuel station graded 'A' by NPA

The GOIL Filling Station at the Kwame Nkrumah Circle in Accra that blew up on June 3, 2015, killing scores of people as a result, scored an A after a recent inspection conducted on it by the National Petroleum Authority (NPA).

“In February 2015, the NPA did a complete audit of the station. The station scored 93 per cent, thereby making it a grade A Station,” the Managing Director of GOIL, Mr Patrick Akorli, has stated.

Addressing journalists at a press conference organised by the Association of Oil Marketing Companies (AOMCs) at the weekend, Mr Akorli pulled out documents to prove his claim.
The press conference was addressed by the Chief Executive Officer (CEO) of the AOMCs, Mr Kwaku Agyemang-Duah, to state the association’s position on recent developments on the petroleum downstream industry.

Mr Akorli said the fuel station, which was the third highest selling station on GOIL’s list, was established in 1963.

“It underwent a major renovation in 2015,” he disclosed.
Pressure tests, which are conducted every five years, were performed on that filling station in 2013.

Friendly station

A visibly troubled Mr Akorli declined to comment on what had caused the fire, as a sign of respect to investigators and grieving families, but was not happy with pronouncements made by an official of the Ghana National Fire Service (GNFS), who cited the station as the source of the fire that swept through the station and adjoining buildings during a downpour.

“We cannot conclude the fire started from the station. We sympathise with the bereaved families. We lost staff and we are grieving.
“We are not happy; we are not criminals. People should not rub salt into injury,” he stressed.

Inspection

The NPA inspects fuel filling stations twice a year and at random when the need arises.
The documents Mr Akorli showed to journalists indicated that checks were made on underground storage tanks, pumps and dispensers.

Permits from the Environmental Protection Agency (EPA), the NPA licence, the availability of a Ghana Standards Authority (GSA) certificate for dispensing pumps, verification stickers on dispensing pumps, fire certificates and the availability of building permits and insurance certificates were all inspected and cleared by the NPA.

The technical, infrastructure, waste management storage and disposal, pollution prevention and controls and occupational health and safety requirements of the filling station were all checked and passed by the NPA.

Ghana wins appeal against US firm in relation to Accra Sewer Dev Project

Marietta Brew Appiah-Oppong - Attorney General of Ghana and Minister for Justice of Ghana

The Court of Appeal of the United States of America has thrown out an appeal brought by a US company against the Government of Ghana which challenged the dismissal of a $425-million suit against the state.

Ghana, on December 31, 2013, won a landmark case in a US court in which the company, Tjgem LLC, had sued the country for punitive damages totalling $425 million.

The case, which was related to the award of a contract to the Accra Sewer Development Project, also had the Accra Metropolitan Assembly (AMA) and its chief executive, the Minister of Finance and Economic Planning and Conti Construction Company Inc. of the US as co-defendants.

Tjgem LLC filed the case at the United States District Court of Columbia on March 22, 2013, alleging common law fraud, racketeering and economic espionage, conspiracy to defraud and misappropriation and conversion of trade secrets against the Government of Ghana and its officials.

But in its judgement on December 31, 2013, the court, with Judge Beryl A. Howell presiding, dismissed the case, saying “the claims by Tjgem are at best those of a disappointed bidder that failed to win a contract with a foreign government”.

The dismissal

In a unanimous decision, the appeal court held that “the order of the district court be affirmed in its entirety. The district court correctly concluded that it lacked subject-matter jurisdiction and dismissed the complaint pursuant to Federal Rule of Civil Procedure 12(b)(1)”.

Preamble

Tjgem LLC, a domestic corporation, was formed to pursue infrastructure projects in Ghana.

It entered into discussions presumed to be negotiations for a contract to reconstruct the Accra sewer system but ultimately was not awarded the contract.

It filed a suit alleging that the Republic of Ghana and the defendants committed a number of torts, but the district court dismissed the complaint for lack of subject-matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA).

According to the court of appeal, “Tjgem fails to show that the district court erred in concluding the conduct alleged in the complaint, as supported by the attached exhibits, did not come within the FSIA commercial activity exception.

The legal theories underlying the complaint are difficult to discern, but with respect to the claim that a misappropriation of trade secrets occurred in the United States, there is no proffered evidentiary basis to support such a claim.

“Where jurisdiction depends on plaintiff asserting a particular type of claim, the claim may not be immaterial and made solely for the purpose of obtaining jurisdiction.”

According to the Court of Appeal’s decision, a copy of which is available to the Daily Graphic, “Tjgem pointed to nothing more than bare assertions and a brief reference in an Internet news story to a memorandum of understanding being signed in the United States. “Nothing in the record indicates the memorandum involved Tjgem’s trade secrets or that any trade secrets were disclosed by any of the defendants to the Export-Import Bank of the United States,” it said.

Financial Harm

The court further argued that financial harm to a US business abroad was not a direct effect for purposes of the FSIA commercial activity exception.

It held that “Tjgem’s theory that Ghana has waived its sovereign immunity” was not raised in the district court and was, therefore, forfeited, adding: “In any event, Tjgem points only to Ghana’s waiver of sovereign immunity in its own courts. It proffers no evidence of a waiver of immunity in the United States’ courts, which have uniformly concluded that the domestic waiver of sovereign immunity does not imply such waiver in other countries’ courts.”

The court indicted Tjgem for “failing to show that the district court abused its discretion by dismissing the non-sovereign defendants, pursuant to Federal Rule of Civil Procedure 19(b)”.

Gratitude

Commenting on the decision, the Attorney-General and Minister of Justice, Mrs Marietta Brew Appiah-Opong, expressed Ghana’s gratitude to the external solicitors, Dorsey and Whitney, represented by Juan Basombrio, for their hard work.

Audit 2,500 fuel stations in the country; CBOD calls on government

Mr Senyo Hosi- Chief Executive Officer of the Chamber of Bulk Oil Distributors (CBOD) presenting a cheque for GHC20,000 to Mr Nortey Dua (left) of Joy FM

The Chief Executive Officer of the Chamber of Bulk Oil Distributors (CBOD), Mr Senyo Hosi, has called on the government to conduct an immediate safety audit of all fuel filling stations and fuel storage depots across the country.

He said that would assist in bringing to the fore all shortcomings at filling stations and storage dumps for them to be addressed for the good of consumers.

“We urge the government to conduct a thorough safety audit of all facilities to prevent the Circle GOIL tragedy from recurring,” Mr Hosi noted.

Making the call against the backdrop of the Wednesday, June 3, 2015 fire outbreak that resulted in the death of more than 150 people, he said, “What happened was most unfortunate and it is important that the government take steps to ensure it never occurs again.”

Mr Hosi made the call when he presented a cheque for GHc20,000 to the fund set up by the Multimedia Group Limited to support the surviving victims of last Wednesday’s flood and fire tragedy which also displaced many Ghanaians, rendering them homeless.

Safety paramount

While emphasising the need to preserve the safety of fuel station workers, the public and motorists, Mr Hosi said the safety audit would ensure that the highest safety standard was maintained at all material times.

“Every life is important and we must all be vigilant, observe happenings at filling stations and report any anomaly to the authorities for redress.

“What happened was very unfortunate and tragic. It is our collective duty as Ghanaians to ensure it never occurs again. That duty includes reporting any form of irregularity at fuel filling stations and storage sites,” he noted.

The safety audit

There are currently more than 2,500 fuel filling stations and fuel storage sites in the country.

According to Mr Hosi, it was not adequate for pressure checks to be conducted every five years.

“The Ministry of Energy, the National Petroleum Authority (NPA) and the Environmental Protection Agency (EPA) must be up and doing to ensure this tragedy does not occur again,” he stressed.

CBOD donates

“Safety is paramount. As BDCs, we don’t operate filling stations. We feed the Oil Marketing Companies (OMCs) who operate fuel filling stations. But as stakeholders, we felt the need to assist the victims of this tragedy. We are, therefore, donating GHc20,000 to help in this noble gesture.

“We hope and pray that other corporate bodies will donate to a worthy cause,” Mr Hosi added.

He lauded the Multimedia Group, individuals and all persons who had so far contributed to the fund.

July 2 ultimatum

Meanwhile, families of persons who died from last Wednesday’s flood and the fire disaster at the GOIL Fuel Station have up to July 2, 2015 to claim the bodies.

According to the Manager of the Korle Bu Mortuary Department, Mr George Denkyi, the law permitted unidentified bodies to be buried within 28 days of being received at the morgue.

In effect, bodies at other public health facilities will be affected by this ultimatum.

He explained that a mass burial would be held for the unclaimed bodies after July 3, 2015.

“Post mortem examination will be performed on the bodies to find the cause of death. The unclaimed ones will then be buried in a mass grave after the July 2 deadline,” Mr Denkyi told the Daily Graphic in Accra Monday.

Bodies identified

So far, the remains of 64 people who died from the disaster at the GOIL Station at the Kwame Nkrumah Circle in Accra have been identified.

The 37 Military Hospital received 65 bodies, out of which 32 have been identified, while two are charred beyond recognition.

Four persons are currently receiving treatment at the Intensive Care Unit (IOU) of that hospital.

“There are 65 bodies in our morgue right now. They are 22 females and 43 males, while 22 victims are currently on admission. A male child is among those admitted,” a source at the hospital disclosed.

The Police and the Korle-Bu hospitals

Fifty-seven bodies are in the Police Hospital morgue, with families having managed to identify 30 bodies as of the time of going to press yesterday.

The Korle Bu Teaching Hospital received 11 bodies. Six of the deaths were flood-related.

Electrical fault caused Defence Ministry fire - officials

The timely intervention of personnel from the Ghana National Fire Service (GNFS) saved the Ministry of Defence (MOD) building in Accra from destruction Monday morning.

It took fire tenders less than 10 minutes to extinguish what could have been a major fire outbreak atop the government building, which is valued at several million cedi. The fire resulted in no injuries.

An explosion from an air conditioning unit on the roof nearly resulted in a fire outbreak, according to the Deputy Chief Fire Officer in charge of Operations at the GNFS, Mr William Jesse Mensah. The GNFS received a distress signal about the explosion at exactly 10 AM; it took fire engines five minutes to arrive at the scene.

Officers and staff of the Ghana Armed Forces (GAF) rushed out of their offices to an assembly point while fire crews operated.

Situation under control

Briefing journalists at the scene, Mr Mensah said the GNFS responded expeditiously, and in the process, identified the unit that was on fire.

“We used our turntable ladder to douse the fire... The situation is under control and staff can go about their duties,” Mr Mensah assured.

Attributing the explosion to an electrical fault, Mr Mensah urged the members of staff not to turn on the air conditioners until an electrical engineer assessed the extent of damage and replaced the spoilt unit He advised the staff to open the windows to access fresh air until the air conditioning unit was fixed.

Minister assures

The Minister of Defence, Mr Benjamin Kunbuor, addressed the staff members who gathered at an assembly point during the incident, and assured them that the situation was under control.

He commended the GNFS for its quick response, and counseled the MOD staff  members to go on with their duties.

Oil distributors call for audit of fuel stations

The Chief Executive Officer of the Chamber of Bulk Oil Distributors (CBOD), Mr Senyo Hosi, has called on the government to conduct an immediate safety audit of all fuel filling stations and fuel storage depots across the country.

He said that would assist in bringing to the fore all shortcomings at filling stations and storage dumps, and the need to address them for the good of consumers.

“We urge the government to conduct a thorough safety audit of all facilities to prevent the Circle GOIL tragedy from recurring”, Mr Hosi noted.

Making the call against the backdrop of the Wednesday, June 3, 2015 fire outbreak that resulted in the death of more than 100 people, he said, “What happened was most unfortunate and it is important that the government take steps to ensure it never occurs again.”

Mr Hosi made the call when he presented a cheque for GHc20,000 to the fund set up by the Multimedia Group Limited, to support the surviving victims of last Wednesday’s flood and fire tragedy, which has also displaced many Ghanaians, rendering them homeless.

Safety paramount

While emphasising the need to preserve the safety of fuel station workers the public, and motorists, Mr Hosi said the safety audit would ensure that the highest safety standards are maintained at all times.

“Every life is important and we must all be vigilant, observe happenings at filling stations and report any anomaly to the authorities for redress.

“What happened was very unfortunate and tragic. It is our collective duty as Ghanaians to ensure it never occurs again. That duty includes reporting any form of irregularity at fuel filling stations and storage sites,” he noted.

The safety audit

According to Mr Hosi, it was not adequate for pressure checks to be conducted every five years.

“The Ministry of Energy, the National Petroleum Authority (NPA) and the Environmental Protection Agency (EPA) must be up and doing to ensure this tragedy does not occur again,” he stressed.

There are currently more than 2,500 fuel filling stations and fuel storage sites in the country.

CBOD donates

“Safety is paramount. As BDCs [bulk distribution companies], we don’t operate filling stations. We feed the Oil Marketing Companies (OMCs) who operate fuel filling stations. But as stakeholders, we felt the need to assist the victims of this tragedy. We are, therefore, donating GHc20,000 to help in this noble gesture.

“We hope and pray that other corporate bodies will donate to a worthy cause”, Mr Hosi added.

He lauded the Multimedia Group, individuals and all persons who had so far contributed to the fund.

July 2 ultimatum

Meanwhile, families of persons who died from last Wednesday’s flood and the fire disaster at the GOIL Fuel Station have up to July 2, 2015 to claim the bodies.

According to the Manager of the Korle Bu Mortuary Department, Mr George Denkyi, the law permitted unidentified bodies to be buried within 28 days of being received at the morgue.

In effect, bodies at other public health facilities will be affected by this ultimatum.

He explained that a mass burial would be held for the unclaimed bodies after July 3, 2015.

“Post mortem examination will be performed on the bodies to find the cause of death. The unclaimed ones will then be buried in a mass grave after the July 2 deadline,” Mr Denkyi told Graphic Online in Accra Monday.

Bodies identified

So far, the remains of 64 people who died from the disaster at the GOIL Station at the Kwame Nkrumah Circle in Accra have been identified.

The 37 Military Hospital received 65 bodies, out of which 32 have been identified, while two are charred beyond recognition.

Four persons are currently receiving treatment at the Intensive Care Unit (IOU) of that hospital.

“There are 65 bodies in our morgue right now. They are 22 females and 43 males, while 22 victims are currently on admission. A male child is among those admitted”, a source at the hospital disclosed.

The Police and the Korle-Bu hospitals

Fifty-seven bodies are in the Police Hospital morgue, with families having managed to identify 30 bodies as of the time of going to press yesterday.

The Korle Bu Teaching Hospital received 11 bodies. Six of the deaths were flood-related.

Desperation

The heavy downpour recorded in some parts of Accra left in its wake death and misery, as some persons are still unaccounted for.

Scores of family members have been trooping to various health centres in search of their missing relatives.

Grief stricken Ghanaians are moving from one hospital to another, in search of either bodies or family members receiving treatment.

Govt still owes US $552 million---Chamber of Bulk Oil Distributors

Chief Executive Officer (CEO) of the chamber, Mr Senyo Hosi

The Chamber of Bulk Oil Distributors (CBOD) says although the government has paid GH¢412 million of its debt to the members of the chamber, there is still an outstanding balance of $552 million.

Out of the amount, $480 million represents under-recoveries from 2013 to 2014, while $72 million stands for interest on pre-financing of the price under-recoveries from July 2011 to December 2014.

Under-recovery refers to the inability to fully recover the contract sum at which products are supplied to the market as a result of negative differential between the exchange rate applied by the National Petroleum Authority (NPA) in determining prices at the pump and the exchange rate at which the Bank of Ghana supplies foreign exchange to honour the supply contract.

This situation is the resultant effect of the depreciation in the cedi.

The chamber, however, acknowledged that more than GH¢412 million had been accrued in over-recoveries (profit) to pay off price under-recoveries (loss) due to its members.

According to the chamber, the GH¢412 million was the balance for under-recovery for subsidies on petroleum products for the period from July 2011 to December 2013.

In an interview with the Daily Graphic in Accra yesterday, the Chief Executive Officer (CEO) of the chamber, Mr Senyo Hosi, explained that the money was recouped from gains made from the drop in crude oil prices on the world market.

In June last year, the government released an amount of $150 million to enable Bulk distribution Companies (BDCs) to lift petroleum products to feed the market.

Reconciliation

“The impression being created is that the government has fully settled its debts with the BDCs but let it be on record that the government still owes us,” Mr Hosi noted.

He said the BDCs were reconciling their figures for onward submission to the NPA for audit.

Turmoil

Ghanaians faced shortage of petroleum products in the last week of June 2014 due to liquidity challenges faced by the BDCs.

Financiers of the BDCs declined to release more funds for the purchase of petroleum products because the BDCs were highly indebted to them.

The government on the other hand was also indebted to the BDCs.

An international audit firm, Ernst and Young, was contracted by the Ministry of Finance in the second week of June 2014 to audit the claims of the Bulk Distribution Companies (BDCs) before payment.

It has since completed its work and it was based on its final report that the government settled the rest of its July 2011 to December 2013 debt.

Cause of debt

The government’s indebtedness to the BDCs was as a result of forex losses, which was attributed to the depreciation of the cedi.

The government did not pass on the loss to the consumer through forex subsidy, which in the end piled up the debt from June 2011 to December 2013.

State appeals against conviction of three : Fined GH¢30,000 for stealing GH¢623,030

The state has appealed the conviction and fine of three persons who stole a total of GH¢623,030 belonging to the Tema Oil Refinery (TOR).

The High Court, presided over by Mr Justice John Ajet-Nasam, on May 18, 2015 convicted three persons to a fine of GH¢30,000 each for stealing GH¢623,030 from the accounts of TOR in 2007. 

Frank Kpemli, alias George Owusu; Richard Afari, alias Wofa, and Mohammed Sanusi Bagigah, alias Parker, were each fined GH¢30,000 or in default serve 15 years’ imprisonment each with hard labour.

Another aspect of the judgement complained of by the state was the acquittal and discharge of the fifth accused person, Bernard Sallah.

Notice of appeal

A notice of appeal filed on behalf of the Attorney-General’s Department said the state was dissatisfied with the judgement of the High Court and was, accordingly, urging the Court of Appeal to quash it.

The decision complained of, according to the state, “is the part of the judgement acquitting and discharging the fifth accused Bernard Sallah and the part of the judgement sentencing the first, second and fourth accused persons to a fine of GH¢30,000 and in default 15 years’ imprisonment”.

Grounds of appeal

According to the prosecution, the judgement of the court in respect of Sallah could not be supported, having regard to the evidence on record.

The state argued that the judge erred in law when he imposed a fine on the three convicts, instead of a custodial sentence.

“The sentence of a fine of GH¢30,000 each and in default 15 years’ imprisonment imposed on the first, second and fourth accused persons is not proportionate to the offences for which they were convicted,” it said.

Reliefs sought 

Consequently, the state wants the Court of Appeal to set aside Sallah’s acquittal and order his conviction, as well as the correction of the conviction of Kpemli, Afari and Bagigah.

Background

A fourth accused person, Joseph Nyanor, was acquitted and discharged during the trial after his lawyers had filed a submission of ‘no case’.

The five were all charged with one count of conspiracy to commit crime, namely, stealing, contrary to the Criminal Offences Act, 1960 (Act 29), while Kpemli was also charged with four counts of stealing contrary to section 124 (1) of the Criminal Offences Act, 1960, (Act 29).

Afari, alias Wofa was charged with one count of stealing, whereas Bagigah faced 15 counts of forgery.

Facts

The facts of the case were that on July 6, 2007, Kpemli, using the false name George Owusu, went to the Stanbic Bank, headquarters branch in Accra, to cash GH¢20,000. 

In the course of processing the money for Kpemli, officials at the bank, who had become suspicious of the huge sums of money passing through the accused’s account purporting to come from the TOR account at the GCB, alerted TOR and the police. 

The police rushed to the bank and picked up Kpemli for interrogation. 

In the course of interrogation, Kpemli revealed that he was part of a syndicate working to siphon various sums of money from TOR accounts by using TOR cheques.

He mentioned Sallah as a member of the syndicate who assisted him to open a number of accounts with various banks where money drawn on TOR accounts at the GCB had been lodged and withdrawn. 

He also cited Afari as the one who recruited him into the syndicate and also lodged the various amounts of money belonging to TOR into the various accounts opened in his name. 

Meanwhile, a mini statement requested by TOR from the GCB revealed a number of unauthorised withdrawals from the company’s account at GCB. 

Investigations revealed that those withdrawals had been made on the TOR account through 15 TOR cheque leaflets. 

A-G, ex-NIB boss in legal tango

The Supreme Court will, on June 23, 2015, hear two related applications in a dramatic case in which the two main protagonists are invoking the supervisory jurisdiction of the highest court of the land to quash a judgement delivered by the Accra High Court on February 27, 2015.

While the Attorney-General’s (A-G’s) Department is asking the Supreme Court to nullify the conviction of Mr Daniel Charles Gyimah, a former Managing Director of the National Investment Bank (NIB), and order his trial in another court, Mr Gyimah, on the other hand, is praying the court to quash his conviction.

Background   

The High Court, presided over by Mr Justice Charles Quist, convicted Mr Gyimah to a fine of GH¢500,000 after finding him guilty of causing financial loss of $60 million to the state. Mr Gyimah was to serve 12 months in prison if he defaulted in the payment of the fine.

Mr Gyimah, who was first arraigned at the court in March 2010, was convicted together with Arvind Kumar Bhatnagar. Bhatnagar had been on the run from the onset of the trial and was, therefore, convicted in absentia.

The former NIB boss was said to have used the bank as a guarantor without the consent of the board of directors and issued 30 promissory notes, valued at $60 million, in May 2007 to a private business, Eland International (Ghana) Limited.

He was said to have conspired with Bhatnagar to commit the offence.

Mr Gyimah was on a GH¢500,000 bail bond after pleading not guilty to charges of conspiracy, attempting to defraud by false pretence, forgery of documents and use of public office for profit.

AG’s beef

But the A-G’s Department claims that the trial judge convicted the former NIB boss without the knowledge of the convict and the state.

Aside from that, the convict had neither filed a submission of ‘no case’ nor opened his defence before the judgement.

According to the state, it also found it unwarranted for the trial judge to fine Mr Gyimah GH¢500,000 for causing financial loss of $60 million to the state. 

The trial judge, it emphasised, erred in not inviting Gyimah to open his defence before delivering the judgement. It also maintained that the trial judge erred in law by not serving hearing notices on the parties before passing judgement.

According to the state, it became aware of the judgement on April 20, 2015 when it enquired about the status of the case and was informed by the trial judge that judgement had been delivered in February.

The state claims that Mr Gyimah, who was billed to open his defence after the court had ordered him, failed to show up to testify, after several adjournments, thereby causing the trial judge to deliver the judgement.

Grounds of appeal

According to the grounds of appeal filed by Mr Matthew Amponsah, a Chief State Attorney, the High Court committed an error of law patent on the face of the record when it proceeded to deliver its judgement without notice to any of the parties to the case and when the interested party had not been called upon to set up a defence.

“Thus, per the state’s arguments, the proceedings of February 27, 2015 were a nullity because the court’s action violated the Audi Alteram Partem rule, which refers to the right of persons to be heard,” it stated.

It said the record showed that to date the interested party had not filed or made his submission of ‘no case’. 

“The trial was plagued by a number of adjournments, and in the process both the accused person and the prosecution stopped attending court.

 “Out of the blue and without notice to any of the parties, the court below, on February 27, 2015, delivered its judgement, even though the court had on no occasion called on the interested party to open his defence, in the light of his failure to make the submission of ‘no case’ that he had indicated he was going to file,” the state said.

It contended that the court below had no jurisdiction to proceed to deliver judgement without notice to any of the parties.

It also said the High Court exceeded its jurisdiction and committed an error apparent on the face of the record in denying the accused person his statutory right to either be heard on his defence or not, after the earlier intimation of a desire to file a submission of ‘no case’.

It further argued that the proper thing for the court to have done was issue hearing notices on the parties, but that did not happen.

“It is utterly incongruous for a judge, when the accused had indicated that he intended to file a submission of ‘no case’, to proceed to deliver judgement without notice to any of the parties in the matter and without first calling on the accused to set up a defence,” it added.

“The Attorney-General thus seeks an order of certiorari to quash the judgement given by the High Court, without an accused person having been duly given the right to open his defence,” a statement of case accompanying the application said.

Gyimah’s grounds

The grounds of appeal filed on behalf of Gyimah by his lawyer, Mr Thaddeus Sory, stated that the Judgement was flawed because it was not based on the face of the court’s record.

According to the defence team, the court lacked jurisdiction to give judgement after it had adjourned the case to allow Gyimah to file a submission of no case.

Counsel further argued that until his client had filed the submission of no case, the court could not proceed to give judgement.

The defence further submitted that the judgement was against rules of natural justice because Gyimah had been denied the right to be heard.

Trial

The prosecution closed its case on July 23, 2013, after having called four witnesses.

The court called upon Mr Gyimah to open his defence, but in the exercise of his statutory rights under Section 173 of the Criminal Procedure and Juvenile Justice Act, 1960 (Act 30), Mr Gyimah intimated that he wanted to make a submission of ‘no case’ against him. 

The court obliged his request, but he failed to file it, thereby resulting in the delivery of the judgement.

FDA holds meeting on Ebola vaccination trials

The Food and Drugs Authority (FDA) will today hold a crunch meeting with the Ghana Academy of Arts and Sciences to discuss concerns over proposed Ebola vaccination trials in Ghana.

“The meeting is not to give approval; that prerogative belongs to FDA,” a highly placed government source disclosed to the Daily Graphic in an interview in Accra yesterday.

“A definite decision on the proposed trials is yet to be made,” it said.

Reacting to concerns raised by a section of Ghanaians over media reports that an Ebola vaccine trial had been scheduled to take place in parts of Ghana, the source said the FDA could only give approval after testing the efficacy and possible side effects of the vaccine.

 “The FDA has not granted approval yet. That must be made clear to all Ghanaians,” it noted in a terse response to the Daily Graphic.

Opposition

There are reports of pending Ebola vaccination trials for selected communities in Ghana.

The reports say volunteers are to be given GH¢200 each, together with cellular phones.

But the reports have been met with strict opposition from Ghanaians and some non-governmental organisations (NGOs).

For instance, the Coalition for Ghana’s Independence Now (CGIN) has said it is disenchanted that the government could consider allowing its citizens to be used for an Ebola vaccine trial.

Media reports indicate that the University of Health and Allied Sciences was spearheading the project, which is expected to take off in Hohoe in the Volta Region.

The FDA is on record to have confirmed that it is testing the vaccine before it could approve of the trials.

Officials have already approached students of the Hohoe Midwifery Training School to volunteer for the trial.

The statement

A statement issued by the CGIN said: “We want to say, without fear or favour, that Ebola is not just a disease but rather a well-planned business. A business where people have created an artificial problem and now looking for a market to sell the solution and we are telling Ghanaians beforehand that there is and will be no way by which Ghana can go through this Ebola virus human experiment without Ebola being spread country wide.

“We also would want Ghanaians to know that, since there is no single case of Ebola or patient in Ghana, healthy people would have to be infected with the Ebola virus before the said vaccine is administered to them for a gamble.

“It is, therefore, from the above illogical scenario that we consider the intended human experimentation of Ebola in Ghana as criminal, a human rights abuse, thievery and a total disrespect of Ghanaians as human beings.”

It added: “The CGIN is not crying wolf when there is none but we are guided by history, logic and critical thinking and our responsibility as citizens to play our role of national security.

“Ebola outbreak, which is 100 per cent sure to happen in Ghana should this human trials be allowed to go on, will be the greatest national security threat our country will ever face. The manufacturers of the so-called Ebola vaccine will look on till a larger number of Ghanaians are killed by the disease here in Ghana before the vaccine will be released and this will happen to make the government buy the vaccine at any price.”

Background

Ebola is an infectious and generally fatal disease marked by fever and severe internal bleeding, spread through contact with infected body fluids by a virus whose normal host species is unknown.

It has so far claimed the lives of more than 5,000 people in Liberia, Sierra Leone, Guinea, Senegal and Nigeria.

Govt to wash hands off pricing of petroleum products

The government has decided to wash its hands off the pricing of petroleum products.

This means that the Bulk Oil Distribution Companies (BDCs) and Oil Marketing Companies (OMCs) will, before August 2015, price their own products.

The strategy, which is the final phase of Ghana’s petroleum downstream deregulation policy, will result in the cessation of subsidies on fuel products.

The government’s indebtedness to the BDCs as a result of subsidies currently stands at more than $800 million.

The Chief Executive of the National Petroleum Authority (NPA), Mr Moses Asaga, in an interview with the Daily Graphic in Accra Monday, clarified that “the increment or decrease of petroleum prices will no longer be the preserve of the government but will be determined by market forces that will take into consideration the international price of crude oil, the foreign exchange rate, the fall or rise of the cedi, import duties, taxes and other factors.

“This means the government will no longer be involved in the pricing of petroleum products and therefore the perennial issue of subsidies will come to an end,” he said.

Rationale

Explaining the rationale behind the liberalisation of the petroleum downstream sector, Mr Asaga told the Daily Graphic that the full implementation of the deregulation of the petroleum downstream sector would promote competition among market players.

“Prices will vary and will be lower because the BDCs and the OMCs will be competing with one another for a wider market share. The petroleum downstream sector will in no time turn out like the telecoms sector, where there is so much healthy competition.

“The issue of colossal subsidies which put a huge financial burden on the government, he said, would also end and thereby result in the re-channeling of finances into other sectors of the economy, Mr Asaga said.

Timeline

Mr Asaga did not give a specific date by which the new policy would be implemented but said it would be implemented before August 2015.

According to him, the NPA was currently holding meetings with stakeholders, including the BDCs, the OMCs and transporters.

“We have met the BDCs and scheduled a meeting with the OMCs this week. Some portions of the NPA Act will have to be slightly amended to contain the new situation or pricing,” he said

Sanctions

Touching on moves to ensure that consumers were not short-changed, he said: “There will be sanctions on BDCs and OMCs that will go beyond the average price indicated. The punishment will be the suspension of operating licences. In the event that the quality of products is found to have been compromised, it will result in the withdrawal of licences after a third warning.”

He said the Petroleum Product Market Scheme (PPMS) Unit, which was set up at the NPA two years ago, “will be strengthened to become a very strong department in the new dispensation to further do away with incidents of adulteration and sale of inferior products.

“The failure rate or quality, which used to be 30 per cent of product quality, has been reduced to two per cent since the introduction of the PPMS. We will tighten it to 0.5 or 0.1 per cent,” he added.

Debt

On the debt the government owed the BDCs, Mr Asaga said, “We hope to isolate this debt and deal with it once and for all.”

He said Nigeria was currently facing acute fuel shortage because of debts the government owed the BDCs there, adding that in the case of Ghana, “we have managed the system prudently to forestall product shortages so far”.

Control

He explained that Cabinet was aware of the new measure and further indicated that there were checks and balances in place to ensure that the interests of consumers were protected.

“The NPA will make sure that prices quoted by the BDCs and the OMCs are within the approved and expected ranges. We will make sure they do not take undue advantage of the consumer.

“Each OMC will have to indicate its ex-pump price and it is expected to submit it to the NPA for publication. This will enable consumers to have a choice, depending on the price of products,” he said.

Quality

Asked how the NPA would ensure that the quality of products was not compromised, Mr Asaga said: “The NPA will tighten its quality control measures to ensure that the inspection and testing of petroleum products meet the standard specification of the NPA and the Ghana Standards Authority (GSA) before they are discharged at the port.”

History

The deregulation of the petroleum downstream sector started with the establishment of the NPA, which decided to deregulate the industry that used to be controlled by the Tema Oil Refinery (TOR), the Bulk Oil Storage and Transportation (BOST) Company Limited, the Ghana National Petroleum Corporation (GNPC) and a few multinational companies.

The BDCs were introduced in the process. 

They were initially four, but the number has now increased to 27.

The OMCs, which were less than 10 some decades ago, have increased to 120, out of which 70 per cent control the retail market.

Court adjourns murder case; Following bizarre behaviour by suspect

A bizarre behaviour displayed by one of the suspects in the murder of the two Americans at Akwamufie in the Eastern Region, compelled the Accra District Court to adjourn the case to June 8, next month.

The court, presided by Ms Veronique Manfort, further directed the prosecution to send the suspect to the Accra Psychiatric Hospital for examination.

Obiri Yeboah, who is a farmer and fetish priest, was seen murmuring and looking restless when he appeared before the court on May 14 this month.

Yeboah and five others namely Anokye Yaw Frimpong, a driver; Nana Appia-Nti III, a mechanic; Brenda Kareema Mohammed, a pensioner, and her son, Yazid Alazim Mohammed, a businessman; and Mensah Kamaugogo Muata, a surgeon assistant, are facing two counts of conspiracy and murder.

Their pleas have not been taken.

Docket 

According to the prosecutor, Superintendent Francis Baah, the docket on the case had been forwarded to the Attorney-General’s office for advice.

Confession

On May 14, this month, Frimpong confessed in open court that he had single-handedly murdered the two victims.

He claimed to have committed the crime without the knowledge of the other five accused persons.

The accused, who was determined to give further details, was asked by the court to hold on until the police had completed their investigations into the murder.

Background

According to the prosecution, the deceased persons – Mamelina Diop, 75, and Nzinga Jaana, 69 – were pensioners from the American Civil Service but resided at Fihankra, near Akwamufie in the Eastern Region.

He said while Nana Appia-Nti lived at Atimpoku, the other accused persons lived at Fihankra.

In 1997, some African Americans in the Diaspora decided to make Ghana their home and therefore acquired 218.5 acres of land at Appiakrom where they created a community now called Fihankra.

Agreement

“In the agreement governing the purchase of the land, the group promised to build schools, a hospital and a stadium, provide potable water and bring other amenities to the community,” the prosecution said.

It said the leader of the group, Oluwale Kwadwo Akpan, who had made himself a traditional ruler of the area, started issuing indentures and collected annual rent for the land allocated to the residents of Fihankra.

After his death in May 2009, his wife, Majewa Adoujokroke Akpan; his son, Goloi Osakwe Dwemena Akpan, and the two murdered African American women took over the management of the fund.

Revolt

However, Kareema Mohammed, Alazim Mohammed and Muata revolted against that arrangement and accused the Akpan Family and the two African-American women of fraud and mismanagement. 

The disagreement later degenerated into personal confrontations thus severing the cordial relationship between them and the two African-American groups. The latter’s lives were later threatened by the accused persons.

Murder

On May 5, this year, Mamelina and Jaana were reported missing.

A search, however, led to the discovery of a freshly dug grave the next day. An order was subsequently obtained from the Akosombo District Court for the exhumation of the bodies.

“The bodies of the deceased persons, which were found buried in a shallow grave, were removed and deposited at the Korle Bu Teaching Hospital morgue, pending autopsy,” the prosecution said.

Investigations led to the arrest of the accused persons.