AMA Gives Hawkers New Date To Register

By William Yaw Owusu

Friday, 29 December 2006
THE Accra Metropolitan Assembly (AMA) has decided to give a day’s grace period to applicants who have not yet reported for the allocation of stalls and spaces at the newly constructed Pedestrian Shopping Mall at the Kwame Nkrumah Circle in Accra.

A press release signed by I.T. Adjovu, Metropolitan Co-ordinating Director, asked all such applicants to report at the AMA head office on January 8,to undergo the registration formalities.

The registration exercise commenced on November 22, but was immediately, suspended due to a disagreement between the leadership of the various hawkers associations and the AMA over the lists to be used in the allocation.

After three weeks the AMA resumed the registration exercise on December 18, but this time around, it dealt directly with the individual hawkers, by-passing the associations.

In a related development, members of the Ga Traditional Council yesterday inspected the new market. They were accompanied by the Mayor of Accra, Stanley Nii Adjiri Blankson.

They included Nii Adote Obuor II, acting President of the Council, and Nii Kpobi Tettey Tsuru III, La Mantse.

"What we have seen here today shows that we can all support the government to make Accra a very beautiful place to live in," the chiefs said, adding "This is the first time that we are seeing an edifice of this nature in our city.

'We want the government to turn all slums within the city into ventures that will promote the economic growth and bring hope to the people'.

The chiefs commended the government and the AMA for the project and urged them to continue with their efforts to turn all slums in the city in the useful ventures such as the Nkrumah Circle project.

The construction of the market, solely funded by the government, was to afford the AMA the opportunity to decongest the streets of Accra to ensure free flow of traffic. The first phase has been completed and is expected to be opened by January 15.

The AMA says the commencement of the second phase of the project will depend on the level of patronage.

Mr. Blankson gave the assurance that the government will desilt the Odaw drain to ensure, free flow of water into the sea, but he said it will not commence until residents of Sodom and Gomorrah have been relocated.

All have role in ensuring justice......CJ

By William Yaw Owusu

Thursday December 28,2006
The Chief Justice, Mr. George Kingsley Acquah, has said that the effort to ensure easy access to justice for all should not be continued to the judiciary alone.

“While the judiciary cannot be oblivious of its tremendous responsibilities in ensuring a smooth administration of justice, I will ask all stakeholders to participate fully in this effort since it is a collective responsibility,” he said.

Mr. Justice Acquah was speaking at the inauguration of a 20-member committee to research into a project dubbed Justice for all: Access to justice for the poor and vulnerable including women and children,” which is being sponsored by the United Nations Development Programme (UNDP).

The committee, chaired by supreme corut Judge Prof. Justice Modibo Ocran, was drawn from the judiciary, the Ghana Bar Association religious and civil society organizations, security institutions and the traditional authorities.

It is to undertake a nationwide research into the issues that impede the smooth administration of justice in Ghana especially with regards to the vulnerable.

The Chief Justice said “we recognize, as an institution that access to justice is vital to the survival of our democracy and the rule of law because when the poor, disadvantaged or the vulnerable are barred from accessing justice they take to mob violence and resort to extra-legal methods of administering justice.”

“He said respect for law and justice is diminished when large segments of society do not have equal and effective access to justice,” adding that access to justice is not all “academic notion” or “a vague ideal,” but a standard that must be set to make it attainable to all manner of persons in the country.

“We are determined to build a truly dependable, efficient and effective judicial institution, capable of carrying out its constitutional mandate to protect and consolidate the constitutional democracy and also to protect the rights of the poor and the vulnerable.”

Dr. Kwesi Appiah, Executive Director of Civic Foundation facilitators of the project said it intends to analyse the social demand for justice and the supply of justice services.

Respect for the right to justice requires democratic institutions, good governance and social accountability of justice delivery institutions,” he said.

Mr. Eric A. Opoku, a Governance Programme Officer of UNDP said the world body recognized that the issue of justice has a “close linkage to human development and poverty eradication,” the UNDP is committed to supporting such initiatives to promote sustainable development.

Tsibu Darko Refused Bail Again

By William Yaw Owusu
Wednesday, 27 December 2006
CONTRARY to speculation, the Accra Fast Track High Court last Thursday, again refused bail to Prince Tsibu-Darko, a Tema-based businessman who is standing trial for allegedly exporting 3,700 kilogrammes of cocaine to Europe.

That was the third time the court refused him bail.
As the prosecution had submitted that they were no longer opposed to the granting of bail to Tsibu-Darko, there had been wide speculation that bail would be granted.

Led by Mrs Yvonne A. Obuobisah, a Principal State Attorney the prosecution said they were no longer opposed to bail because investigation into the case had not been concluded and also for the fact that Tsibu-Darko’s health was deteriorating.

They therefore asked the court to exercise its discretion in granting the bail and the setting of conditions that would ensure that Tsibu-Darko come back to stand trial raising the defence counsel’s hopes that his client would be granted bail.

But Justice Dotse adjourned the case to January 24, 2007 for the defence team to make a formal application before the court.

When the case was called the court refused the bail application on the grounds that the defence counsel had not satisfied the court on the issue of bail.

The judge explained that although Tsibu-Darko was indisposed, the defence counsel had not attached a comprehensive medical report to warrant the grant of bail.

The court further said that there had not been an unreasonable delay since investigations into the matter are ongoing.

Before adjourning the case, the judge said: "I will decline the bail for now but I will not shut the window for the grant of bail in this matter"

"I will give the defence team an option to arrange a new date with the Registrar of this court before the January 24, 2007, so that we can hear the application," Justice Dotse said.

Tsibu-Darko appeared at first at an Accra circuit court on August 16, and has since been on remand.

On November 22, the prosecution entered a "nolle prosequi" (unwilling to pursue) in the case. He was however, re-arrested soon after and arraigned him before the Fast Track Court.

Tsibu-Darko has pleaded not guilty to engaging in prohibited business relating to narcotic drugs.

Court To Decide On Tsibu-Darko

By William Yaw Owusu

Friday, 22 December 2006
An Accra Fast Track High Court trying Prince Tsibu-Darko, the Tema based businessman, for the exportation of 3,700 kilogrammes of cocaine to Europe will today determine whether to grant him bail.

This follows a submission by Yvonne A. Obuobisah, Principal State Attorney, at yesterday’s hearing that the prosecution was no longer opposed to the granting of bail for the accused.

"We have not concluded our investigation into the matter but all the same we are not opposed to the grant of bail. We want the bail conditions to be such that the accused will come back to stand trial," Mrs. Obuobisah submitted.

Due to the new development, the court, presided over by Appeal Court Judge, Justice Jones Dotse, asked defence counsel Gabriel Pwamang and Yonnie Kulendi to apply formally for bail.

"I want you to make a formal application so that I can abridge the time for the prosecution to respond appropriately".

Tsibu-Darko, 49, was not brought to court by the police and when the judge enquired from the prosecution, Mrs. Obuobisah said "the accused is indisposed and is currently on admission at the Nyaho Clinic in Accra", a statement confirmed by the defence counsel.

Tsibu-Darko, appeared for the first time at an Accra Circuit Court on August 16, and has since been on remand. However, on November 22, the prosecution entered a request for"nolle prosequi" (unwilling to pursue) but had Tsibu-Darko, re-arrested soon after and arraigned him before the Fast Track Court.

At the Fast Track Court, the accused was denied bail on two occasions.

Tsibu-Darko has pleaded not guilty to engaging in prohibited business relating to narcotic drugs

Judgement In Tsatsu’s Case Deferred Again

By William Yaw Owusu

Thursday, 21 December 2006
THE Fast Track High Court in Accra has for the second time deferred judgment in the case of Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is being tried for allegedly causing financial loss to the state, because he has filed an appeal before the Supreme Court.

The court, presided over by Mrs. Justice Henrietta Abban, a Court of Appeal judge, was to deliver the judgement yesterday but Professor E.V.O. Dankwa, defence counsel, wrote to the judge indicating that his client had filed a notice of appeal.

As a result, of this development, the court has adjourned proceedings to February 22, 2007 which was announced by the court clerk for the judge who did not come to the courtroom.

Mr Tsikata was not in the courtroom yesterday.

The appeal focuses on the issue of whether or not the International Finance Corporation(IFC) should be subpoenaed to testify in the trial.

The IFC had argued that it had immunity from the processes of the country’s courts,a position the trial court and the Court of Appeal had already upheld. But Mr. Tsikata had contended that the refusal to invite the IFC to testify will be "a miscarriage of justice".

Mr. Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991. He is facing another count of misapplying public funds.

Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise Du Development (AFD) in 1991, but defaulted in payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.

Mr. Tsikata has pleaded not guilty to all the charges and is on bail.

The case started in October 2002 with Mr. Osafo Sampong, the then Director of Public Prosecutions as the prosecutor.

In 2002, the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional. This was, after Mr. Tsikata had challenged its constitutionality. The decision was however, overturned later in a judicial review.

Mr. Joe Ghartey is the third Attorney-General after Nana Akuffo-Addo, the current Foreign Minister and Mr. J. Ayikoi Otoo to prosecute the case.

They were all assisted by Mr. Augustine Obuor, an Assistant State Attorney as well as other chief state attorneys.

In all, seven witnesses were called by the prosecution while the defence called one witness in the person of Jean Francoise Arnal, the Country Director of AFD.

There were also two court witnesses from the Merchant Bank

AMA Allocates Stalls At Shopping Mall

By William Yaw Owusu

Wednesday, 20 December 2006
Allocation of stalls and spaces at the ‘Pedestrians Shopping Mall’ at the Kwame Nkrumah Circle in Accra, resumed on Monday after a three-week suspension.

The break was occasioned by a disagreement between the leadership of the two hawkers associations on one hand and the Accra Metropolitan Assembly (AMA)on the other, over the lists to be used in the allocation.

The AMA on resumption of the allocation, is dealing directly with the hawkers and not the executives of the two associations, United Petty Traders Association and the Positive Traders Association.

To facilitate the process, the AMA has gone ahead to publish the lists submitted by executives of the two associations in the newspapers and insisted on the use of voters’ identity card as the only authentic means of identifying and registering a prospective applicant.

During a visit to the AMA Headquarters yesterday, the Times found a sizeable number of the applicants registering for stalls or spaces.

The Mayor of Accra, Stanley Nii Adjiri Blankson, in an interview told the Times that the lists presented by the associations were found to be overbloated and "we need to clean them to ensure transparency."

He attributed the situation to the "selfish and uncooperative attitudes" of some executives of the associations whom he alleged had "collected millions of cedis from people with the hope that they can force the AMA to register them.

"Can you imagine that long after the final submission of the original lists they wanted me to add another list, and also insisted on the use of their membership identity cards?" he asked. "That is why we are restricting the whole process to the use of only voters’ ID cards which idea has so far worked to perfection."

He said the market was solely funded by the government and nobody could claim to have ‘divine right" over it.

Ali Baba Bature, Special Assistant to the Mayor, who is supervising the exercise said as at 12 noon, 242 people "have been allocated stalls".

He said the AMA had published the names of 5,000 prospective applicants and will ensure that the stalls are allocated to the right people. "The only problem we have encountered so far is impersonation," he added.

Some of the applicants the Times spoke to expressed different opinions about the exercise.

Ama Serwaa, 35, Samuel Kwaku Addo, 40, and Doris Akakpo, 28, all commended the AMA for being transparent in the allocation.

Akakpo, who operates at the Rawlings Park area said that she did not anticipate getting the stall so quickly after what happened on the day the exercise was suspended, saying "the AMA has restored my hope of making it in life."

Kwasi Mintah, 32, and Grace Afful 33, said they duly registered but could not find their names, in the lists published.

Mintah said he was disappointed at the AMA’s decision not to use the ID cards of the various associations adding, "it will cause a lot of inconvenience for most of the members."

However, Perpetual Asante, an executive of the Positive Traders Association said "the exercise is fair. We are happy with it."

Appeal Court rejects Tsikata’s application

By William Yaw Owusu

Wenesday,December 20,2006
The Court of Appeal yesterday dismissed an appeal application filed by Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) that sought to ask the court to order the International finance Corporation (IFC) to testify in the case in which he is being tried for allegedly causing financial loss to the state.

It declared that the International Finance Corporation (IFC) has immunity from the country’s court processes.

The three member panel presided over by Mr. Justice S.E. Kanyoke unanimously dismissed all the grounds of appeal filed by Mr. Tsikata.

The panel which also included Justices Francis Kusi-Appiah and Annin Yeboah had earlier on dismissed an interlocutory appeal by Mr. Tsikata to make the IFC a necessary party to argue over its immunity issue in the substantive appeal process.

The Fast Track Court preside over by Mrs. Justice Henrietta Abban, also with the Court of Appeal on January 19,ruled that the trial court will not invite the IFC to testify in the case after Mr. Tsikata had said the IFC was a “desirable witness” and the refusal could be a “miscarriage of justice”.

The trial court initially subpoenaed the IFC but on the court day Mr. Kizito Beyuo, counsel for the IFC came to argue that they had immunity under Article 6 of Legislative Notification9 of 1958 and were not prepared to waive it. This was upheld by the court.

Dismissing the appeal, Justice Annin Yeboah who read the decision said the LN9 under which the IFC derived its immunity was unambiguous and clear, adding that the court was not persuaded enough on the challenge over the immunity issue by the applicant.

It said the court’s attention was not drawn on any law that could reverse the immunity issue of the IFC, adding that “IFC’s immunity is statutory conferred”.

The court further held that the fact that the IFC can sue and be sued did not deny the statutory obligation conferred on them.

It said when Mr. Tsikata asked that the IFC should come to testify, the trial judge readily issued the subpoena adding that “the judge performed her constitutional obligation and there was no violation of Article 19 (2) (g) as submitted by the appellant”.

Immediately the court gave its ruling, Prof. E.V.O Dankwa counsel for Mr. Tsikata filed a notice of appeal to challenge the court’s decision at the Supreme Court.

He argued that the Court of Appeal misconstrued the provisions in the LN9 of 1958 Article VI Section 8 as “providing immunity to the current Country Director of the IFC from being summoned to give evidence even though the testimony being sought by the defence did not relate to acts the Director”.

He said the Court of Appeal erred in failing to recognize and enforce the fundamental human rights of the accused expressed in clear mandatory language in Art. 19 (2)(g) of the Constitution.

He further submitted that the provisions in respect of the immunity of the IFC was misrepresented by the Appeal Court.

Court Upholds Dr. Anane's Application

By William Yaw Owusu

Tuesday,December 19,2006
A Fast Track High Court in Accra yesterday granted an application for extension of time to enable the inclusion a statement of case in the matter in which Dr. Richard Winfred Anane, former Transportation Minister is challenging certain aspects of the recommendations of the Commission of Human Rights and Administrative Justice (CHRAJ).

The court presided over by Mr. Justice Paul Baffoe-Bonnie however awarded five million cedis cost against Dr. Anane for the delay in filing the statement of case.

The award of the cost was on the insistence of CHRAJ who argued that the applicant (Dr Anane) had failed to observe the 14-days mandatory period required under the law to file such an application.

Dr. Anane filed the notice for judicial review on September 22, and another notice for extension of time for the statement of case to be included and the appointment of an additional solicitor on December 7.

Bede Tukuu, who stood in for P.E. Bondzie Simpson, counsel for CHRAJ said ‘The applicant should have come to court to apply for leave to do all these but failed so it has rendered the whole process null and void’.

But Jacob Acquah Sampson who represented Dr. Anane said even though Order 55 Rule 6 (3) of C.I 47 of the court rules talks about non-compliance, the court could exercise its power of discretion to entertain the application.

“The statement of case that we are filing cannot be treated as an irregularity simply because the reasons we have given are genuine”.

The judge then granted Dr. Anane’s application and asked CHRAJ to file its response for the case to be heard.

It will be recalled that on September 15, CHRAJ recommended Dr. Anane be relieved of his position as a Minister of State “for bringing his power and office into disrepute” after it cited him for perjury and abuse of power and office.

He was also asked to apologise to the Appointments Committee of Parliament that appointed him as a Minister for lying under oath.

The decisions were reached by the Commission after it had completed an 18 month investigation into allegations of corruption, conflict of interest and abuse of power leveled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American.

Frehsers' Dress Habits Deplored

By William Yaw Owusu

Tuesday, 19 December 2006
THE bad dressing habits of the new batch of students at the Central University College (CUC) was the main point of the messages of the President as well as the Chancellor of the University at CUC’s ninth matriculation ceremony held in Accra on Friday.

Professor V. P. Y. Gadzekpo, the president, noted that complaints of indecent dressing and bad behaviour of some of the students have become frequent.

The 1,939 new students, 1,052 of whom are females, constitute the largest intake since the establishment of the University nine years ago.

Prof. Gadzekpo said "We are sorry to say that in terms of dressing and behaviour, this year’s group seems to be the worst of all since I took office in 2004."

He said the young ladies wear skimpy and short blouses, spaghetti, straps or bare backs, very short skirts and very tight trousers. With the young men it has become the fashion for them to wear ear rings and braid their hair, he added.

"Some even grow dreadlocks and wear trousers with holes in them and some dirty looking jeans. These are all not considered appropriate dressing for this university," he warned.

Prof. Gadzekpo said that the CUC was collaborating with the West African Examination Council to authenticate the result slips of all those admitted into the university.

He warned that anybody found to have gained admission with forged certificate or results would not be spared.

He commended the Ghana Education Trust Fund for supporting the CUC with educational material including 30 computers all worth ¢750 million and said, "we want to let the government know that we are very much appreciative of this gesture"

Rev. Dr. Mensah A. Otabil, the Chancellor, advised the matriculants not to seek ‘cheap popularity’ through indecent dressing, saying "you are not here for a dressing competition. You should dress intelligently."

He urged them to make "responsible and good choices", adding "the consequences of every choice you make will pursue you forever".

CUC set up with the aim of providing "Christian based tertiary education for the expansion of God’s Kingdom," started as a training institute for short-term pastoral training in 1988 by the International Central Gospel Church. It has now grown to become one of the leading private tertiary institutions in the country.

Otumfuo Sows Seed For Anglican Educ. Fund

By William Yaw Owusu

Tuesday, 19 December 2006
THE Asantehene, Otumfuo Osei Tutu II, has donated ¢50 million towards the establishment of an Education Endowment Fund for junior and senior secondary school students within the Accra Diocese of the Anglican Church.

The gesture was in honour of the Most Rev. Dr. Justice Ofei Akrofi, Anglican Archbishop of the Church of the Province of West Africa (CPWA), in support of his immense contributions towards youth development.

The donation was announced at a special thanksgiving service last Sunday to celebrate a decade of Episcopal Ministry and three decades of ministry of Archbishop Akrofi. Otumfuo expressed the hope that the fund "would be a fitting memorial to the celebrations."

The Most Reverend Dr. Akrofi, who was ordained deacon and priest on December 19, 1978 in Accra, was elected Bishop of the Accra Diocese in 1996 and then as an Archbishop of of CPWA in September 2003.

He commended Otumfuo for persistently making education a priority and promised to invest the fund in the promotion of youth development.

The guest preacher, the Right Reverend Benjamin Kwashi, Bishop of the Anglican Church in Jos Nigeria, in a sermon bemoaned the fact that many young people on the continent had stayed out of the church.

"Young people in the church are a minority compared to people in the same category who are engaged in serious crimes and other anti-social behaviours.

"If the church misses out in getting young people into its fold it will be a great disincentive to the growth of the church and until we reach out to them, we will have nothing to offer to God," Right Rev. Kwashi stated.

On Saturday, the Most Rev. Dr. Akrofi feted about 700 youth from the diocese as part of the celebration which was under the theme "Reaching out to the youth." He stressed the need for investing in the youth to ensure future growth of both the church and the country.

Among dignitaries who attended the service were Mr. Peter Ala Adjetey, former Speaker of Parliament, Dr. Kwame Addo Kufuor, Defence Minister, Nii Kojo Ababio II, Nii Kpobi Tettey Tsuru, Ngleshie and La Mantse respectively, Nana Otuo Siriboe II, Juabenhene and Nana Dr. S.K.B. Asante, Asokorehene.

Areeba Case adjourned

By William Yaw Owusu

Friday,December15,2006.
The Commercial Court in Accra yesterday adjourned to February 7, the case in which Richmond Aggrey, a businessman is claiming 20 per cent shares in Scancom Ghana Limited, operators of Areeba mobile phone service.

The trial court presided over by Mr. Justice Henry Kwofie took the decision following a notice to stay proceedings it received from the Court of Appeal.

Mr. Kwofie, however made it clear that the court could go ahead to try the case because the superior court had not brought any motion to stay proceedings, adding “I am acting out of abundance of caution”.


The court, on July 14, granted Mr. Aggrey, a former vice chairman of Areeba, an exparte application to restrain the defendants, Investcom Consortium Holdings S.A of Beirut, Lebanon, Areeba, as well as Grandview Management of Texas, United States, from going ahead to conclude a merger agreement with the MTN Company of South Africa.


Mr. Aggrey had argued “Continuing and / or concluding a merger with and / or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited, will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as third party.”


Following the development, Areeba on July 24, filed an application to strike out Mr. Aggrey’s action “in part or whole” on the grounds that he failed to adhere to procedures in filing the application.


The court on October 20, however, ruled that the processes followed by Mr. Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.


Consequently, Areeba filed a notice of appeal to challenge the Court of Appeal’s ruling and another motion on notice to stay proceedings pending the appeal and the latter was dismissed on December 8.

Before the adjournedment yesterday, Yonnie Kulendi, counsel for Mr.Aggrey said “We have filed two applications namely: notice on motion for injunction which has been pending since September 7, and another motion on notice for judgment in default”.

“We should come back in February and see the next line of action,” the jude said.

Attempt to smuggle "wee"-DHL staff,student on trial

By William Yaw Owusu

Friday,December 15,2006.
The trial of Roger Ocloo, an employee of DHL courier service and Ellis Tamakloe, a student, charged for allegedly attempting to export 695 grammes of cannabis commenced at an Accra Fast Track High Court yesterday.

They pleaded not guilty to two counts of attempted exportation of narcotic drugs without lawful authority and possessing of narcotic drugs without lawful authority.

The court presided over by Mrs. Justice Iris May Brown, of the Court of Appeal remanded them in prisons custody until January 15,2007 for the prosecution to call its first witness.

The facts of the case as presented by Mrs. Evelyn Keelson, a Principal State Attorney are that on August 29, the DHL officials while going through their normal formalities before shipment detected that one of the consignment (AWB4361050536) was “unusually bulky” and so they decide to do a thorough examination.

“When this particular shipment was opened it contained two parcels of compressed dried leaves suspected to be cannabis sativa (Wee), a narcotic drug”.

A report was made to the Narcotics Control Board (NACOB) and investigations revealed that the shipment was brought in to be sent to an address in the U.K by Ocloo Ocloo.

It was detected that Ocloo used a different route code to outwit the DHL officials.

The prosecutor told the court that the senders’ particulars bore the address of Friesland West Africa, a company located at the Airport Residential Area in Accra but investigations later revealed that Friesland was not the sender of the consignment and that Ocloo had used it as a front.

Ocloo then mentioned Tamakloe as the person who brought the consignment for shipment and when he was also arrested he mentioned one Harry Campbell who gave the parcel to him to DHL.

The prosecutor said Tamakloe had told interrogators that he did not know that the parcel contained cannabis.

Later the police found the airway bill covering the shipment in Ocloo’s house.

Accused Took Bribe And Freed Sheriff

By William Yaw Owusu

Thursday, 14 December 2006
A prosecution witness in the ongoing cocaine trial of three policemen yesterday alleged at an Accra Fast Track High Court that Asem Darke, also known as Sheriff, the police’s most wanted man in the case, was initially arrested but let off the hook after offering a bribe.

The three policemen together with another, now at large, were said to have taken an undisclosed amount and released Sheriff and another person who was arrested with him.

Lance Corporal Dickson Atunah of the Tema Regional Police Command said this when he gave evidence as the fourth prosecution witness in the trial.

The three, Sergeant David Nyarko, Lance Corporals Dwamena Yabson and Peter Bundorin, all with the Tema Regional Command have pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and are on remand.

Two other persons, Kennedy Dzakeh who is not yet charged and Detective Sergeant Samuel Yaw Amoah, now on the run, were originally arrested with the accused in connection with the case.

A sixth person arrested with them, Sergeant Isaac Asante, has been made a prosecution witness in the case.

Led in evidence by Emmanuel Agyemang Duodu, a Principal State Attorney, Atunah who was subpoenaed to testify, told the court that sometime in April, he got information that some policemen had intercepted a vessel with cocaine at the Kpone beach near Tema.

"I later on learnt that it was Nyarko, Yabson, Bundorin and Amoah who had gone to Kpone to arrest the suspects but collected money and left them," he told the court, presided over by Appeal Court judge, Justice Annin Yeboah.

He said: "I then confronted Yabson who is my colleague in the same barracks and office and he told me that they went to Kpone but when they got there the suspects had already offloaded the cocaine."

He said Yabson also told him that they met Sheriff and a white man at the beach and wanted to bring them to the office for interrogation but Sheriff and the white man pleaded with them and gave them an undisclosed amount.

"Some few months later after this incident Amoah bought a BMW saloon car while Yabson and Nyarko each bought an Opel Astra which they used as taxis," witness told the crowded court.

Atunah said, later in August he was arrested together with the accused persons, adding that even though he was not charged or taken to court, he was "peeved" for his wrongful arrest.

Cross examined by Musah Ahmed, counsel for Nyarko and Bundorin on one hand and Dei Kwarteng, counsel for Yabson on the other, Atunah said "I trust Yabson. I believed him that is why I confronted him to know the truth."

He said he did not confront Nyarko and Bundorin because they were not in the same station with him and also he did not know Sheriff.

Atunah further told the court that he did not know the whereabouts of Amoah but added "I know him personally since he is in the same barracks with me. I read about his escape in the newspapers."

Witness rejected suggestion by counsel that Yabson did not come into contact with Sheriff.

Further hearing was adjourned to January 15, 2007.

Why Parcel Of Coke Was Left On Ship

By William Yaw Owusu

Wednesday, 13 December 2006
THE single parcel of cocaine found on board the MV Benjamin vessel was to be used to pay the crew that brought the drug into the country.

Emmanuel Agyemang Duodu, a Principal State Attorney, said this yesterday when presenting the facts of the case prior to his inviting Detective Corporal Edward Yaw Asante as the first prosecution witness to testify before an Accra Fast Track High Court hearing the case of the 76 parcels of missing cocaine.

Two Chinese, a Korean and three Ghanaians including the vessel owner, are standing trial for their involvement in the disappearance of 76 parcels of cocaine from the vessel at the Tema Port.

The Chinese are Cui Xian Li, 44, a vessel engineer and Luo Yin Xing, 49, the Korean, is an engineer.

The Ghanaians are Joseph Kojo Dawson, 34, owner of the vessel; Isaac Arhin, 49, a sailor, and Philip Bruce Arhin, 49, a mechanic.

Li, Xing, Isaac Arhin and Bruce Arhin have all pleaded not guilty to two counts of engaging in a prohibited business relating to narcotic drugs and possessing of narcotic drugs without lawful authority.

Bok Sil pleaded not guilty to one count of engaging in prohibited business relating to narcotic drugs while Dawson pleaded not guilty to one count of using his property for narcotic offences.

Led in evidence by Mr. Duodu, the first prosecution witness (PWI), Detective Corporal Edward Yaw Asante, who is attached to the Narcotics Control Board (NACOB), told the packed court that the vessel’s captain and the engineer, who are also known as Killer and Emma respectively, escaped with a boat at 4 am on April 26 after another boat had earlier at 2 am the same day carted 76 parcels away to the Kpone Beach.

He said a search team including the Air Force and Navy intercepted the only parcel hidden in the hatch of the vessel and when it was cut opened, 30 slabs, each weighing one kilogramme of cocaine, were found in it.

"I was asked by my superiors to interrogate Isaac Arhin and Philip Arhin and later Dawson," he said adding, "We could not arrest the Captain and the vessel engineer because the two escaped with a canoe before we got there."

Corporal Asante said Bruce Arhin and Philip Arhin told him during interrogations that the parcels they collected from the high seas were cocaine.

He further told the court that investigations revealed that the original owner of the vessel was called Mr. Bae, a Korean, but it was however bought by Dawson but before then Bok Sil was taking care of it.

He also told the court that investigations revealed that Dawson was not the person who put the crew on the vessel but rather it was Killer and Emma who had done it.

In another development, the prosecution presented two more witnesses in the case in which Kwabena Amaning popularly called Tagor, and Alhaji Issah Abass, are being tried for their alleged involvement in the same 76 missing parcels of cocaine.

The first witness was Mr. James Koligu Ataki, a Principal Scientific Officer of the Ghana Standards Board (GSB), who told the court that 25 slabs of cocaine and not 30 were brought to his department on July 26 for analysis.

He said he was invited by the Justice Georgina Wood Committee which investigated the missing cocaine case to identify the analysis they conducted on the cocaine.

Earlier, the court presided over by Justice Jones Dotse, over-ruled an objection raised by defence counsel against the tendering of the analysis report.

Ellis Owusu Fordjuor, counsel for Tagor, argued that the exhibits sent to the GSB were in respect of Philip Arhin and not Tagor and Abass hence the report would be irrelevant to the trial.

Also in the witness box was Chris Kumi Archer, a businessman. He told the court that he sold his house at East Legon to Nana Kofi at 110,000 dollars two years ago but later read in the newspapers that he in turn had sold the house to Tagor’s brother.

"I do not know this Nana Kofi. He only introduced himself as a businessman in the United States and I have not seen him ever since the transaction took place."

The case was adjourned to January 16, next year.

Also in the dock in a related case were the three policemen being held for their role in the disappearance of the 76 parcels.

They are Sergeant David Nyarko, Lance Corporals Dwamena Yabson and Peter Bundorin, all with the Tema Regional Police Command.

Detective Corporal Edward Yaw Asante, the third prosecution witness to appear before the court, told the court that he never knew the accused persons until "I met them in the dock at the Greater Accra Regional Tribunal a few weeks ago."

Hearing continue today.

Cocaine Case: Interpreters Secured For Foreigners

By William Yaw Owusu

Saturday, 09 December 2006
THE Accra Fast Track High Court has now secured the services of Chinese and Korean interpreters for three expatriates charged together with three Ghanaians for their involvement in the disappearance of 76 parcels of cocaine from the MV Benjamin at the Tema Port.

The trial could not proceed on two previous occasions because Pak Bok Sil, 46, a Korean engineer Cui Xian Li, 44, a vessel engineer and Luo Yin Xing, 49, a sailor, both Chinese claimed they did not understand English.


Presiding Judge Justice Annim Yeboah had earlier insisted that he would only take the plea of the accused only when their interpreters are in court.;


With the presence of two interpreters, a Ghanaian for the two Chinese and a Korean for Bok Sil the court took their plea.


The three Ghanaians in the dock with the expatriates, are Joseph Kojo Dawson, 34, owner of the vessel; Isaac Arhin, 49, a sailor and Philip Bruce Arhin, 49, a mechanic.


Dawson pleaded not guilty to one count of using his property for narcotic offences while Bok Sil pleaded not guilty also to one count of engaging in prohibited business relating to narcotic drugs.


Isaac Arhin, Bruce Arhin Li and Xing, each pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possession of narcotic drugs without lawful authority.


The court remanded the accused persons into prison custody until December 12, when the prosecution will bring their first witness.


Before the adjournment Xing told the court that the Chinese wanted their embassy to get them legal representation.


But the judge said the offence for which they were being tried did not give the court the powers to make such orders to the embassy.


Xing said that they had enough money back home in China and wanted the court to assist them to get the money to engage counsel.


The judge then suggested to the investigator to explore ways of helping them.

Court Rejects Areeba's Application

By William Yaw Owusu

Saturday, 09 December 2006
THE Commercial Court in Accra yesterday dismissed a stay of proceedings application filed by Scancom Ghana Limited, operators of Areeba mobile phone service, in the case in which Richmond Aggrey, a Ghanaian businessman is claiming 20 per cent shares in the company.

The court, presided over by Justice Henry Kwofie, also awarded ¢10 million cost against Areeba, the second defendant in the suit filed by Mr Aggrey, a former Vice-Chairman of Areeba.


Other defendants in the suit are Investcom Consortium Holdings S.A. of Beirut, Lebanon, and Grandview Management of Texas, United States.


The court, on July 14, granted Mr Aggrey an exparte application to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.


Mr Aggrey had argued that “continuing and / or concluding a merger with and / or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as third party.”


Following the development, Areeba filed an application on July 24, to strike out Mr Aggrey’s action “in part or whole” on the grounds that he failed to adhere to procedures in filing the application.


The court on October 20, however, ruled that the processes followed by Mr Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.


Consequently, Areeba filed a notice of appeal to challenge the court of Appeal’s ruling and another motion on notice to stay proceedings pending the appeal.


This was however dismissed yesterday.


In his ruling, Justice Kwofie held that the trial court “has no jurisdiction to grant this application,” saying, Areeba should have gone to the acourt of Appeal to ask for the stay of proceedings.


Areeba, he said did not disclose any special circumstances to “warrant a stay of proceedings in this matter.”


Immediately the court read out the ruling, Mr Benson Nutsukpui, counsel for Areeba, said: “We are entitled to seven days to enable us advise ourselves and we ask for adjournment.”


But Mr Yonnie Kulendi, counsel for Mr Aggrey, opposed Areeba’s submission saying the defendants are not entitled to any seven days. We ought to proceed with this matter.”

At The Tsatsu Tsikata Trial

By William Yaw Owusu

Friday, 08 December 2006
THE Court of Appeal will on December 19, decide on whether or not to order the International Finance Corporation (IFC) to testify at an Accra Fast Track High Court where Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, is standing trial for allegedly causing financial loss to the state.

The three-member panel chaired by Mr Justice S.E. Kanyoke, took the decision after Professor E.V.O. Dankwa;, counsel for Mr Tsikata, the appellant, and Ms Getrude Aikins, Chief State Attorney, who represented the state, had completed their arguments.


Arguing that the IFC be brought to the Fast Track Court to testify at the instance of his client, Prof. Dankwa said Article 19 (2) (g) of the national consitution directs that a person charged with an offence should be given the necessary facilities to be able to put up a defence and noted that the IFC’s unwillingness to come to the trial court was an infringement on the fundamental rights of the accused.


He said the IFC’s defence that it was “immune” from the processes of the country’s courts, which was upheld by the trial court, could not hold because Sections 9 and 11 of the Evidence Decree puts the burden of producing evidence on the IFC.


“Failure to discharge the burden of proof is fatal to the immunity claim of the IFC,” he said adding, the country “Director of the IFC can give evidence about the Valley Farms issue without any immunity in respect of the official acts being compromised.”


Prof. Dankwa further argued that there was no justification for the trial judge to ignore Article 19 (2) (g) which, he said, imposed on the court the duty to invite witnesses.


“The acts of the IFC cannot derogate the provisions of the Constitution, especially with respect to Fundamental Human Rights,” he contended.


For her part, Ms Aikins said the trial court determined the immunity issues as provided by law.


“There is evidence on record where the IFC, prosecution and the defence came to the court to exhaustively argue this immunity issue.”


She said sections 3(3) of the Evidence Decree 1975 spells out clearly what should be done and the trial court carefully followed that.


The submission by Mr Tsikata that assistance sought must be acts performed directly by the IFC Country Director in his official capacity she said could not hold because “the plain meaning of the section under the IFC statutes is that the employees shall be immuned from the court processes.”


Ms Aikins argued that where an employee of the IFC is to appear before a court, the immunity clause needed to be revoked. But the IFC, since the trial court issued the subpoena, had indicated that they were not ready to waive that immunity under the Legislative Notification 9 of 1958.


She argued further that Article 19 cited by Mr Tsikata could not hold because Article 14 (1) (a to g) spelt out the limitations of the absolute enjoyment of such conditions.


“IFC is only a legal entity which can sue and be sued but it can act through its officers and unfortunately such officers have statutory immunity.”


Ms Aikins said unless the immunity was waived, the acceptance of any court processes will be an infringement on the LN9.


The special preconditions spelt out under the LN9 over the issue of immunity did not cover what the appellant sought, she stated.


The panel, which also included Justice F. Kusi Appiah and Annim Yeboah, had earlier on dismissed an interlocutory appeal by Mr Tsikata to make the IFC a necessary party to the substantive appeal process.

Tsibu Darko Refused Bail

By William Yaw Owusu

Friday, 08 December 2006
PRINCE Tsibu-Darko, 49, the Tema-based businessman charged with exporting 3,700 kilogrammes of cocaine to Europe, was refused bail by an Accra Fast Track High Court when he made his second appearance yesterday.

He was first remanded on November 23 by the court, presided over by Mr. Justice Jones Dotse, who is also a Court of Appeal judge after the prosecution had applied for more time to conduct further investigations.


When the case was called yesterday, William Pobee, Principal State Attorney, prosecuting said the matter was still being “seriously investigated” and the prosecution will furnish the court with details at the next adjourned date.


Mr. Pobee’s submission prompted defence counsel, Yonnie Kulendi, to renew an application for bail for his client saying, ”There has been unreasonable delay in the trial.”


He said Article 14 of the Constitution which guarantees the liberty of individuals, was being curtailed in the matter, adding that ‘to arrest a citizen, detain him for four months, arraigned him before a court of law without the basic preliminary facts is not permissible.”


Mr. Kulendi invited the court to take into consideration the circumstances surrounding the trial of the case and reject prosecution’s request, saying, “He should be released on bail and he will appear at anytime to stand trial.”


The court, in refusing the bail application said the prosecution had been candid when they said they were still investigating the matter and needed more time. Justice Dotse said that “some basic facts have been given and those facts raise serious issues which the prosecution must be allowed to investigate.”


He said Article 296 of the Constitution checks arbitrary use of state power and the prosecution had acted within the confines of the law.


The facts of the case are that in mid 2005, Tsibu Darko allegedly exported 3,700 kilogrammes of cocaine to Europe without lawful authority, but the consignment was intercepted and seized by the Narcotics Control Board.


According to the prosecution, the investigators are collaborating with their international counterparts to complete investigations.


Hearing was adjourned to December 21.


Tsibu-Darko appeared for the first time at an Accra Circuit Court on August 16, and has since been on remand.

Another Accused Turns Witness In Cocaine Case

By William Yaw Owusu

Wednesday, 06 December 2006
A DAY after one of the six policemen being held in connection with the disappearance of 76 parcels of cocaine from the M.V. Benjamin vessel at the Tema port turned prosecution witness, another person who was earlier discharged by an Accra Circuit Court in connection with the case has also appeared in court as a prosecution witness (P.W.).

Kwabena Acheampong was at the Accra Fast Track High Court yesterday as the first P.W. in the case in which his former co-accused, Kwabena Amaning, also called Tagor, and Alhaji Issah Abass, are being tried for their involvement in the missing parcels of narcotic drugs.


Due to the new development, Mr Ellis Owusu Fordjuor and Mohammed Atta, counsel for Tagor and Abass, respectively, requested an adjournment to enable them to have “more and better instructions” from their clients.


Mr Fordjuor explained that “until this morning we were of the belief that Acheampong was in the same boat with our clients. His presence here as a witness has taken us by surprise.”


Mr William Pobi, a Principal State Attorney, prosecuting, responded: “About a week ago we presented the facts of the case before this court and it became obvious from that time that the witness and the accused persons were no longer in the same boat.”


The trial judge, Mr Justice Jones Dotse, who is also a Court of Appeal Judge, ruled that the court could not question the discretionary powers vested in the Attorney-General under the Constitution over who should be charged before a court.


He added that there was nothing wrong with what the prosecution did as far as the trial was concerned. Rather than adjourning, the judge suspended proceedings for an hour to enable defence counsel to confer with their clients.


In his evidence-in-chief, Acheampong told the court that he lived in Britain from 1989 to 1997 and was once convicted for dealing in narcotic drugs.


He said in May this year, he received information that some policemen had surrounded Tagor’s house at East Legon in Accra “so I quickly called him and he told me that when he got there the policemen had left a note which indicated that he was to go to the Police Headquarters to see the Assistant Commissioner of Police, ACP Kofi Boakye.


“The following morning, Tagor asked me to accompany him to ACP Boakye’s office and when we got there I was not allowed to enter the room because they said I was not invited."
Witness said when Tagor came out he told him that ACP Boakye accused him of spreading false rumours that he had gone into the MV Benjamin vessel.

Acheampong told the packed court that about three days later Tagor told him that ACP Boakye had invited him to his house near the French Embassy in Accra at lunch time and that he should accompany him which he did.

"In ACP Boakye’s house I saw a man who I later got to know as Alhaji Moro and we were both offered a seat under a tree.

"ACP Boakye then said Alhaji Issah will join us soon. We waited for about 10 to 15 minutes when Issah drove in. ACP Boakye then offered us some drinks but none of us took it."

He said ACP Boakye told them that he wanted to get to the bottom of a certain rumour that was circulating around and pointed to Issah and Tagor that they were behind those false rumours. Both however denied knowledge of any rumour.

Witness said Mr Boakye’s allegation against the two men sparked off accusations and counter accusations between them with each telling the other that he went into the vessel.

Issah started accusing Tagor of cheating him in previous business specifically cocaine but Tagor denied ever cheating him.

He said ACP Boakye advised all of them at the meeting to keep their ears to the ground after which they left the house.

During cross examination, Acheampong told the court that he was not formally invited to ACP Boakye’s house and also did not take part in the meeting.

"There were other security men in the house during the meeting and were told of the subject matter which is the missing cocaine. At all material times the word cocaine was never used".

Asked about the secret tape recording of the meeting, witness said he got to know about it at the Justice Georgina Wood Committee which was set up by the Ministry of the Interior to investigate the missing cocaine.

Also in the witness box to give evidence was Detective Corporal Edward Yaw Asante attached to the Narcotic Control Board who told the court that about 40 security personnel raided the vessel also known as Adede II on April 27 when intelligence reports had reached them a few weeks earlier.

He said police enquiries revealed that there were 77 parcels of the cocaine brought by the vessel but a canoe had earlier taken76 away to the Kpone beach.

Corporal Asante further said each parcel contained 30 slabs and the search team conducted field test before bringing them to the Ghana Standards Board for analysis, all of which tested to be cocaine.

He said he met Tagor and Abass for the first time in the cells of the Cantonments and Ministries police stations.

Further hearing continues today.

New Twist To Trial Of 6 Policemen

By William Yaw Owusu

Tuesday, 05 December 2006
THE case of the six policemen being held for their role in the disappearance of 76 parcels of cocaine from the MV Benjamin vessel at the Tema Port, took a dramatic turn at an Accra Fast Track High Court yesterday when one of the accused, General Sergeant Isaac Asante, appeared as a prosecution witness.

Due to the new development his counsel, Musah Ahmed, declined to cross examine him after completing his evidence-in-chief.

Mr Ahmed however, indicated that at the next adjourned date which is today, he will either ask other counsel in the case to cross-examine on his behalf or make his other client, Sergeant David Nyarko, one of the accused “face him.”

The other policemen on trial are Lance Corporals Dwamena Yabson of the Tema New Town Police Station and Peter Bundorin of Kpone Police Station, both under the Tema Regional Police Command.

Nyarko, Yabson and Bundorin have pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and corruption by a public officer and are on remand in police custody.

The other accused persons are Corporal Kennedy Dzakeh and Detective Sergeant Samuel Yaw Amoah who is on the run.

Led in evidence by Mr Agyemang Duodu, a Principal State Attorney, Asante told the court that on April 26, he was about to sign off from the office when Sergeant Charles Mensah called him and told him that he had received information that somebody was offloading drugs at the Kpone beach.

“I therefore went to the scene with Bundorin and Yabson who had come from Tema in a taxi with the information.”

He said at the beach he and Bundorin who were in uniform stood on a hill about 150 metres away from a blue-black four wheel drive vehicle parked there.

He said Yabson, in plain clothes and holding a gun moved to the vehicle to talk to the occupant. Some 15 minutes ,Nyarko arrived and stood with them on the hill.

“I did not see anything parked at the beach apart from the parked vehicle and also did not see the person who occupied the vehicle,” he told the court.

Asante said that while at the beach the vehicle started to move so he asked the rest to “cross” it at the Kpone township since according to him that is the only route the vehicle can use.

He said when they got to the Kpone Station “I felt thirsty so I decided to get some water from my room but when I returned, the taxi which brought us had sped off with Bundorin, Yabson and Nyarko in it.”

Asante told the court that when “Bundorin, who is his subordinate, returned later he told him that they did not find anything from that car.”

Cross-examined by Emmanuel Asabre Junior and Benard Ahiafor, counsel for Yabson and Bundorin, respectively, Asante said he did not know Asem Darke, popularly called Sheriff, the man believed to have taken the 76 parcels of cocaine away.

He said, “I do not know Darke, I have never met him before. I never saw anything at the beach. My colleagues did not give me any money or anything.”

Africans Have Duty To Promote Justice

By William Y. Owusu

Monday, 04 December 2006
Every African has an important role to play in the continent’s efforts to check impunity and restore justice, peace and security, says Professor Akua Kuenyehia, First Vice-President of the International Criminal Court (ICC).

She has therefore called on the civil society and non-governmental organizations as well as religious bodies to give effective support to the court so that, “African leaders, who for selfish reasons are reluctant to co-operate with the ICC will be compelled to work with us.”


Professor Kuenyehia made the call in Accra on Thursday, when delivering a lecture on the topic “The International Criminal Court: Ending impunity-restoring peace and justice in Africa.”


It was organised by Africa Legal Aid (AFLA), an independent Pan-African human rights organisation, in collaboration with the Ministry of Justice.


Prof. Kuenyehia noted that more NGOs, CSOs and other groups were needed to concentrate on “shattering the myths and misconceptions that many people in Africa have about the work of the ICC”.


When this is achieved, it will take Africa a notch higher in the preservation of its peace, security and ultimately sustainable development.”


She said apart from the NGOs and other organisations, the ICC needs the total co-operation of the already existing regional and international bodies such as the AU, ECOWAS, SADC and EAC that are working hard to promote and maintain peace in Africa.


The ICC, Prof. Kuenyehia observed, was undoubtedly one of the most ambitious additions to the efforts by the international community to deal with the problem of conflicts and impunity with the resultant disruption and pain caused to whole communities.


“Obviously as a new institution, the ICC faces a number of challenges in discharging its mandate as spelt out by the Rome Statute and its other additional documents,” she said.


“What is important is that it is an institution that has something to contribute to the search for peace, security and the rule of law, not only in Africa but in all parts of the world where conflicts have ravaged societies,” she added.


Africa, she noted, happened to be the current focus of the court because of the referrals of specific cases by sovereign states for investigation and possible prosecutions.


The lecture attracted a large number of people from the civil society and non-governmental organisations, the media and some judges and lawyers.


The ICC is an independent permanent court that tries persons accused of the most serious crimes of international concern such as genocide, war crimes and crimes against humanity.

Trial Of 3 Policemen Begins

By William Yaw Owusu

Friday, 01 December 2006
THE trial of three out of the six policemen arrested for their roles in the disappearance of 76 parcels of cocaine from the M.V. Benjamin vessel at the Tema Port began at an Accra Fast Track High Court yesterday.

Sergeant David Nyarko, and Lance Corporals Dwamena Yabson and Peter Bundorin, all from the Tema Regional Police Command, have been charged with two counts of engaging in prohibited business relating to narcotic drugs and corruption by public officer.

They pleaded not guilty and the court, presided over by Mr Justice Anim Yeboah, remanded them in police custody until December 4, for definite hearing.

The other accused are Sergeant Isaac Asante, Corporal Kennedy Dzakeh, and Detective Sergeant Samuel Yaw Amoah who is on the run.

Asante and Dzakeh who were initially remanded with the other three by an Accra Circuit Court, were not brought to court and the prosecution could not tell when they will appear.

Sgt. Amoah for his part, absconded when they were earlier granted bail by the circuit court on September 25, and a bench warrant has been issued for his arrest.

Presenting the facts of the case yesterday, Principal State Attorney Agyemang Duodu, said in the early hours of April 26, fishing vessel MV Benjamin, docked at the Tema Port carrying 77 parcels of cocaine.

A canoe and a dinghy later arrived at the scene and carted the 76 parcels of the cocaine to the Kpone beach.

Mr Doudu said a fisherman spotted them and alerted his colleagues and the owner of the canoe who in turn reported the matter to the Tema New Town Police Station.

Sgt. Amoah organized Sgt. Nyarko Yabson and L/cpl Bundorun to go to the Kpone beach where they saw the cocaine being packed into a white van and afterwards they boarded another vehicle belonging to Asem Darke, also called Sherrif and escorted the van to the residence of Sheriff.

He said Sheriff bribed the policemen, and they therefore failed to arrest the culprits.

STATE ATTORNEY TRIED TO FREE 2 VENEZUELANS

By William Yaw Owusu

Thursday, 30 November 2006
A FORMER Chief State Attorney, recommended the discharge of the two Venezuelans currently standing trial for their alleged involvement in the importation of 588 kilogrammes of cocaine into the country, Superintendent Edward Tabiri of the Property Fraud Unit of the Police Service, disclosed this at an Accra Fast Track High Court yesterday.

He stated that investigations later revealed that the Attorney-General did not know anything about what the former Chief State Attorney, Eric Agboloso did.


Consequently, the Attorney-General reversed the Chief State Attorney’s decision that the police release Joel Mella, 35, a machine operator and Halo Cabezza Castillo, 38, a businessman.

Supt. Tabiri was testifying in the case in which the two men have been charged with importation of cocaine which was seized in a house at East Legon, Accra on November 24, 2005.


David Dwarte Vasquez, said to be Grace Asibere Asibi’s boyfriend, and alleged to be the brain behind the importation of the substance and who has been charged alongside with the two, is still at large.


Mella and Castillo, who were in court, had pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.


Supt. Tabiri told the court, presided over by Mr Justice E.K. Ayebi, that “it would have been scandalous on the part of the Police Administration and the administration of justice to let the two go if two go if we had followed Mr Agboloso’s advice.”


He said it all started in the early part of this year when Mr Agboloso called him and requested for the case docket to enable him to defend a bail application which had been made in respect of Mella and Castillo.


“He asked us to add a covering letter and took advantage of the situation to advise that we should discharge the two men.


“The advice was against the evidence on record so we quickly registered our protest with the Attorney General who also asked us to disregard that advice by ordering Mr Agboloso to give the disregard letter to us,” Supt. Tabiri told the court.


“We had found incriminating evidence against the accused persons and wanted to ensure that justice was done,” Supt Tabiri further told the court and added that Asibi came to the house moments after the police had arrested the two men to demand her share of the cocaine.


“When Asibi arrived in the house, she called me aside for a chat. She did not say that the two men should be left alone and Vasquez dealt with,” he added.


He admitted telling Asibi to engage the services of counsel for Mella and Castillo and added, “Asibi even said he did not know Castillo.”


Supt. Tabiri explained that he asked Asibi to engage the services of counsel for the two because “Asibi is our informant and we needed to protect her at all cost since by so doing, the accused will not know she tipped us of.”


He further told the court that the inventory of the seized items were taken at the Police Headquarters in the presence of a Spanish interpreter by name Osei and the two accused persons and not at the house where drugs were found.


He said the search team had not conducted any field test to establish whether the drugs were cocaine or not and added that there was also no official of the Narcotic Control Board (NACOB) with them at the time.


Supt. Tabiri said when Castillo was arrested no incriminating evidence was found on him but when his itemised phone bill was requested, the police discovered that he or the user of that phone had contacts with Mella, Asibi’s brother and an estate agent who later helped them to locate Vasquez’s earlier abode at the Airport Residential Area in Accra.