Wednesday, January 31, 2007

JO BLANKSON CASE: WRIT DISMISSED

By William Yaw Owusu

Wednesday, 31 January 2007
AN Accra High Court yesterday set aside a contempt application against Dr. Jo Blankson, the man who was enstooled last July as the new Ga Mantse, and three others.

The court presided over by Mrs. Justice Inkumsah Abban, said it was setting aside the application "for the sake of peace".

It also did not award cost against the initiators of the contempt proceedings, Dr. Ebenezer Nii Armah Tackie, a former lecturer at the Kwame Nkrumah University of Science and Technology, Kumasi and 10 others on the gounds that "the two parties are from the same family."

Before the enstoolment of Jo Blankson as Nii Tackie Tawiah III, four different groups obtained an injunction from the Greater Accra Regional House of Chiefs at Dodowa to restrain Dr. Blankson and the others from nominating, electing or enstooling him as the Ga Mantse.

Following the enstoolment of Dr. Blankson as the Ga Mantse, Dr Tackie and others filed a petition at the Greater Accra Regional House of Chiefs to challenge his purported enstoolment.

Dr. Tackie, also sought the court’s ruling that the enstoolment of Dr Blankson was in contempt of the House of Chief’s ruling.

The three citied alongside Dr. Bankson are Nii Akropong; Head of the Nii Teiko Tsuru Royal family, Nii Kojo Ababio; James Town Mantse and Numo Tete, Nai Wulome.

They claimed that Dr Bankson, together with Nii Akropong, Nii Ababio and Numo Tete, had flouted an injunction granted by the house against his enstoolment.

In their statement of defence Dr. Blankson and the three others argued that they had not been served with any injunction.

Testifying in court, the Bailiff of House of Chiefs said he did not serve Dr Blankson and the three with the processes.

He said the papers meant for Dr Blankson were served on a woman called Madam Esther Mankatah of Accra.

Court Rules On Anane's Case March 13


By William Yaw Owusu

Wednesday, 31 January 2007
An Accra Fast Track High Court will on March 13, decide whether the Commission on Human Rights and Administrative Justice (CHRAJ) was right in its recommendation that Dr. Richard Winfred Anane, former Transportation Minister, be relieved of his post.

This follows the completion yesterday, of arguments between counsel for CHRAJ and Dr. Anane who filed the application for judicial review on September 22, 2006, challenging certain aspects of the decision.

On September 15, last year, CHRAJ recommended that 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, conflict of interest and abuse of power and office.

He was also asked to apologise to the Appointments Committee of Parliament that approved his appointment as a Minister, for lying under oath.

The decisions were reached by the Commission after an 18-month investigation into allegations of corruption, conflict of interest and abuse of power levelled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American with whom Dr. Anane has a child.

Arguing before the court, presided over by Appeal Court Judge Paul Baffoe-Bonnie, counsel for Dr. Anane, Mr J.K Agyemang, said the investigation set out by CHRAJ was "riddled with irregularities but went ahead to make findings where it clearly lacked jurisdiction".

He said CHRAJ acted in breach of the provisions of the Constitution, the Act of Parliament, as well as Constitutional Instrument 7, adding that "they failed to adhere to laid down procedures before going ahead to investigate the matter".

Mr. Agyemang said for instance, there should have been a complaint lodged by an identifiable complainant before the CHRAJ could proceed to investigate the matter.

"CHRAJ infringed the constitution in purporting to deal with Dr. Anane the way it did," he said.

On the issue of perjury, counsel argued that Dr. Anane was never invited to deal with any complaint to that effect at the hearing but CHRAJ stated clearly in its recommendations that he misconducted himself when he appeared before Parliament.

"What they did is tantamount to the establishment of guilt which is a violation. He did not get any notice of complaint to enable him to put up a defence," Mr. Agyemang said.

"There is no bad faith on the part of Dr. Anane. If there is any, then it is CHRAJ which had handled issues clearly beyond their mandate.

On conflict of interest, counsel said that CHRAJ did not have the mandate to investigate and acted in breach of the constitution. "The commission is not the police or the court to investigate such matters.

"By recommending that there was a conflict of interest on the part of Dr. Anane means that CHRAJ is admitting that there was no formal complaint in the first place," he argued.

Responding, Phillip Ebow Bondzie-Simpson, counsel for CHRAJ said a body such as CHRAJ "can carry out investigations or initiate its own investigations when there has not been any complaint."

Whilst conceding that there was no complaint before commencing investigations, counsel added that a complaint is not always required according to the mandate given us."

He said the commission established a prima facie case against Dr. Anane before going ahead to investigate him.

He said on the issue of perjury, the commission is entitled to investigate the truthfulness and credibility of a witness before making recommendations.

Tuesday, January 30, 2007

Cook Concludes Evidence In Cocaine Case

By William Yaw Owusu

Tuesday, 30 January 2007
JAMES Kingsley Inkoom, the cook on board the MV Benjamin vessel that transported 77 parcels of cocaine into the country, yesterday concluded his evidence before the Fast Track High Court trying the case of the missing narcotic substance.

Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese, are being tried for their roles in the missing cocaine at the Tema Port

The others are Pak Bok Sil, a Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic and Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese.

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

Isaac Arhin, Bruce Arhin, Li and Xing 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.

Inkoom told the court during cross-examination by Solomon Korley, counsel for Li and Xing, that the Chief Engineer on the vessel had deceived the crew into believing that they were taking the vessel on trial to Tema.

"We sailed for almost two weeks but we were still not in Tema so I asked the Chief Engineer where we were going to and he replied that we were going for engine parts."

He said he later saw a small boat that offloaded some parcels into their vessel on the high seas and added that Li, Xing, Isaac Arhin and Bruce Arhin and himself helped to pack the parcels into the hatch of the vessel.

The court presided over by Justice Annin Yeboah who is also a Court of Appeal judge, had to adjourn proceedings to Thursday, February 1, because the prosecution could not assemble their next witnesses.

Mrs. Yvonne Atakora Obuobisah, a Senior State Attorney, prosecuting the case told the court that their next witness from the Ghana Standards Board could not come to testify adding "we do not know why the witness is not here."

The judge then urged the prosecution to take into consideration the fact that the accused persons are still on remand and assist the court to ensure speedy trial of the case.

Friday, January 26, 2007

Wereko Brobbey Sues VRA


By William Yaw Owusu

Friday, 26 January 2007
A FAST Track High Court in Accra will on February 6, commence hearing of a suit filed by Dr. Charles Wereko-Brobby demanding payment of ¢2.2 billion being his entitlements from the Volta River Authority (VRA).

Dr Wereko-Brobby was appointed Chief Executive Officer of the Authority on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.

The court, presided over by Justice Paul Baffoe Bonnie, could not hear the case yesterday because the VRA, the defendants, had just filed their statement of defence.

When the case was called, Mr. Akoto Ampaw, counsel for Dr. Wereko-Brobby, prayed the court to award cost against the VRA for the delay saying the defendants had enough time to file their defence since the filing of the suit was submitted on December 14, last year.

But Francis Kwame Yeboah, counsel for the VRA, said: "We are not out of time in the sense that there was a vacation period." Consequently, the judge intervened and the plaintiff waived his right to cost.

Apart from the ¢2.2 billion being sought for, Dr. Wereko-Brobby is asking for an interest from April 2004 and also an order to be issued to the VRA to transfer to him ownership of a Volvo saloon car, GW2505T, which was officially assigned to him when he was appointed Chief Executive of the Authority.

In his statement of claim, Dr. Wereko-Brobby said he got separated from the VRA on September 17, 2003, but it took the Authority a considerable time amid demands from him before they eventually wrote to him on April 1, 2004 to formally notify him of the separation entitlements.

He said in that letter, a cash equivalent of 43 days earned leave up to the time of the resignation, totalling ¢61 million, six months salary in the sum of ¢187 million, gratuity of five years salary of ¢1.8 billion, cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which is in his possession were discussed.

The VRA, he further argued in their letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April, 2004 and the rest when he vacated its premises on or before the end of May, the same year.

He contended that because the Authority could not pay the entitlements as agreed on he could also not vacate the premises on the agreed date.

Dr. Wereko-Brobby also averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the Authority had not honoured its obligation and unless compelled by the court, it will not pay him his entitlements.

Assembly Member seeks to annul election of Presiding Member

By William Yaw Owusu

Friday January 26, 2007
An Assembly Member for the Balobia Electoral Area in the Kasena Nankana District of the Upper East Region has petitioned the Bolgatanga High Court to restrain the Presiding Member of the assembly from performing his functions since the membership of the assembly exceeds the 30 percent appointees stipulated by law.

Mr. Daniel Kansaki, who filed the suit against Mr. Sylvester Amoah and the Co-ordinating Director of the Kasena Nankana District Assembly (KNDA) in Navrongo, says the assembly was not properly constituted before the Presiding Member was elected into office.

The plaintiff wants a declaration that the election of Mr. Amoah as the Presiding Member of the District is void.

He also wants an injunction to restrain the Mr. Amoah from carrying himself and performing the functions of a presiding Member for the district.

In the petition, Mr. Kansaki said by virtue of the rules governing the KNDA and Article 242 of the 1992 Constitution, the assembly was to be consist of 54 elected members, two Members of Parliament, the District Chief Executive and 24 government appointees to make a total of 81 members.

He averred that in October last year at the inauguration of the assembly the Co-ordinating Director allegedly allowed 25 persons instead of 24 to sit as government appointees, bringing the total to 82 members.

“Since the coming into force of the constitution, the KNDA has always been constituted with 81 members including 24 government appointees”, adding that “in 1997 when the then government attempted to appoint 25, the elected members protested and the number was reduced to 24”.

The plaintiff further averred that the constitution required the appointment of not more than 30 percent of members from the government and the 24 was the exact composition.

“When a protest was raised on the issue of more than 30 percent appointment was raised, Co-ordinating Director explained they decided to add an extra number to take care of the traditional authorities and claimed he could not remove the chief once appointed”.

“Whereas a percentage less than 30 will be within the constitutional provision, anything more than 30 is a clear violation and an illegality”.

The plaintiff averred that “the illegality of the composition of the assembly for the purpose of the election was done with the knowledge and consent or Mr. Amoah and those who nominated and proposed him”.

But in a statement of defence, the defendants contended that even though there were 25 government appointees, they did not breach the rule, saying “the presiding member was duly elected”.

“When the issue of government appointees was raised on October 30, last year, it was the DCE who explained that the 25th appointee was to cater for the traditional authorities”

They said it did not exceed the number required by the Legislative Instrument (LI) 1445 and therefore at the said meeting accepted the composition of the assembly before proceeding to elect the Presiding Member.

Unpubished Article (Rep. Vrs. Prince Tsibu-Darko)

By William Yaw Owusu

Tuesday January 23, 2007
Full trial of Prince Tibu-Darko, the Tema based businessman, charged with the exportation of 3,700 kilogrammes could not be heared at the Fast Track High Court yesterday because the prosecution says it is still conducting investigations.

Mrs. Yvonne Atakora Obuobisah, a Senior State Attorney told the court that “we are still working on the leads that we received and will soon wrap up and present our case”.

“We want the court to grant us one month adjournment to enable us to present a solid case”.

Mr. Gabriel Pwamang, leading the defense counsel said “we cannot begrudge the prosecution for now since this is the first time we are coming to court after we were granted bail”.

Due to the new developments the court presided over by Justice Jones Dotse who also a Court of Appeal adjourned the case until February 27, saying “Let us see how far the prosecution goes”.

Tibu-Darko was in court.

The court on January 9, granted him ¢1 billion bail with two sureties to be justified.

Additionally, the court asked the Medical Officer in charge of Tibu-Darko, who was on admission at the Nyaho Medical Centre, a private clinic in Accra, to inform the Registrar of the court anytime he is discharged or in the event of a transfer to another health facility.

Explaining the reasons for the grant of bail, the judge said the prosecution had failed to gather the necessary facts needed to prosecute the case, saying “the charge preferred against the accused is so serious that there must be concrete facts attached to it”.

He said even though Section 97 of the Criminal Procedure Code 1960 had been amended by Act 714 in order that bail is not granted to people who are arrested for narcotic offences, the law did not specify the conditions under which the court exercised its discretion in the grant of bail.

“If the prosecution is not able to gather all credible materials needed to prosecute the case within a reasonable time then the court’s hand cannot be tied to this new Act with respect to the exercise of its discretion in the grant of bail”.

The court further held that in any trial the facts must correspond with the charges preferred against an accused person “but in this case the charges cannot support the facts as expected”.

The judge further said since investigations into the case commenced the prosecution had failed to name the European country where the accused exported the cocaine to, name the way in which the accused made the export and the officials who effected the arrest and interception of the vessel.

“All this shows that the prosecution is not ready to furnish the court with the facts”.

The prosecution led by Mrs. Yvonne A. Obuobisah, a Senior State Attorney on December 21, indicated to the court that they were no longer opposed to the grant of bail to the accused person due to the fact that he was indisposed.

She had also submitted that they were still investigating the matter saying “there has been a little difficulty in our investigations because we have to go beyond the territorial waters of Ghana”.


They therefore asked the court to exercise its discretion in granting the bail and the setting of conditions that would ensure that Tibu-Darko come back to stand trial.

Mr. Pwamang and Yonnie Kulendi, counsel for Tibu-Darko then renewed their application for bail on the grounds that the continuous detention of the accused without any trial was against his rights and also had affected his health.

The court said the prosecution was served with the application but did not challenge the facts presented by counsel.


Tibu-Darko has pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.

He appeared for the 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 on November 23, last year.

Unpublished (Vessel Owner and 5 others' case)

By William Yaw Owusu

Tuesday January23, 2003
The two Chinese being tried together with a Korean and three Ghanaians for their roles in the disappearance of 77 parcels of cocaine at the Tema Port have finally secured the services of counsel.

Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, now have Mr. Solomon Korley as their counsel.

The other accused persons in the case are Joseph Kojo Dawson, 34, the vessel owner, Pak Bok Sil, a Korean Engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic.

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

Isaac Arhin, Bruce Arhin, Li and Xing 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.

When the case was called at the Fast Track high Court in Accra yesterday, Mr. Osei Owusu, counsel for Isaac Arhin and Bruce Arhin could not cross examine James Kingsley Inkoom, the second prosecution witness who was the cook on the vessel because the witness was his client during the initial sages of the case.

Mr. Korley therefore stood in to cross-examine the PW2. The witness told the court that when Isaac Arhin telephoned him to come to Takoradi, he did not find out who the owner of the vessel was or who was to pay his monthly salary.

He said he saw a smaller boat on the high seas offloading the cocaine into the vessel adding that “I saw everything from the kitchen. I later assisted my colleagues to pack them inside the hatch”.

Inkoom told the court presided over by Justice Annin Yeboah of the Court of Appeal that “what I was did not resemble engine parts as I was earlier told by the Chief Engineer. They looked like cartons of fish in sacks”.

The case was adjourned to January 29.

Tuesday, January 23, 2007

ARREST AGGUDEY - Court Orders




By William Yaw Owusu

Tuesday, 23 January 2007
MR. George Aggudey, presidential candidate for the Convention People’s Party (CPP) in the 2004 Elections, is allegedly in trouble for failing to pay his employees’ social security contributions.

Yesterday, a bench warrant was reportedly issued by an Accra circuit court for his arrest.

Mr. Aggudey, owner and Chief Executive Officer of Gocrest Security Limited, a private security company in Accra, is said to have failed to pay to the Social Security and National Insurance Trust (SSNIT) about ¢8.1 billion as contributions of his employees between 1995 and 2005.

The court, presided over by Mr. Nathaniel Osam, issued the arrest warrant yesterday following the alleged failure of Mr. Aggudey to appear before the court for the second time, the first one being on December 11, last year.

He has been charged with two counts of failing to pay SSNIT contributions.

Prosecuting, Frank Asamoah, of the SSNIT Legal Department, told the court that Gocrest was registered with the SSNIT Scheme with registration 302J324.

On July 28, 2006, SSNIT conducted an inspection of the wages book of Gocrest and it was revealed that the employer has, between January 1995 and 2005, failed to pay into the SSNIT fund, ¢8,150,882,076.72 being contributions of his workers.

Mr. Asamoah said the arrears are made up of ¢3,378,855,762 as the actual amount and ¢4,772,026,314.48 as penalty for default in the payment.

A demand letter was issued to Gocrest by SSNIT on July 28, last year, but efforts to get the company to pay the amount have proved futile, the prosecutor said.

Thursday, January 18, 2007

Cook on Vessel Testifies in Coke Case

By William Yaw Owusu

Thursday January 18, 2007
The only people who knew about the contents of the 77 parcels on the board the MV Benjamin vessel in the Naval Patrol escaped before the Naval Patrol team of the got to the vessel.

The Chief Engineer and the Captain whose names were not given did not disclose the contents until James Kingsley Inkoom, the cook on the vessel enquired about it from the Chief Engineer at the breakwaters of the Port before he said it was cocaine.

Inkoom was testifying in the trial of Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese for their roles in the missing cocaine at the Tema Port at the Fast Track High Court in Accra yesterday.

The others are Pak Bok Sil, a Korean Engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic and Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese.

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

Isaac Arhin, Bruce Arhin, Li and Xing 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.

Giving a vivid account of what transpired during the voyage, Arhin told the court that he worked for Dashment Fishing Company Limited ,owners of the MV Benjamin vessel between 2002 and 2004 but had to stop because his wife died.

He said he knows Isaac Arhin, Bruce Arhin, Li and Xing and added that “Dawson was the Director of our company but I do not know Bok Sil”.

Inkoom who is the second Prosecution witness (PW2) in the case said on March 6, 2006, he received a call from Isaac Arhin who told him to come to Takoradi for a job.

“I got to the vessel at the Takoradi Harbour at 7am on March 7, 2006, and met Isaac Arhin, Bruce Arhin and Li, chipping and painting the vessel”.

The following day the Chief Engineer and the Captain came with Xing and introduced him as the person who will help me in the kitchen. I prepared food for them and they all ate”.

PW2 said the chief Engineer later on that day told him that they were taking the vessel on trial to Tema.

‘We sailed for almost two weeks but we were still not in Tema so I asked the Chief Engineer where we were going to and he replied that we were going for engine parts”.

“After about a week, a small boat got closer to us and they started throwing some things into our vessel. The things are like cartons of fish in sacks”.

We were then asked to pack them in the hatch of our vessel. I asked Isaac Arhin about the contents but he only said there 77 in number and did not mention to me what were in it.

After about three weeks, Inkoom said they arrived at the Tema Port breakwaters at about 1:30am, anchored, and he went to sleep.

“In my sleep I heard an unusual noise so I woke up and saw a canoe ducked by our side .They entered our vessel, opened the hatch and packed what we brought from the high seas”.

I also saw another canoe going round our vessel with three men in it and one of them was holding a gun. The chief Engineer and the captain were also holding guns”.

The witness told the court that the Chief Engineer and the captain later left the vessel and came back at 5pm for their meal.

‘It was then that I asked the chief Engineer about the about the contents of what was carted away by the two canoes and he said it was cocaine.

“The two of them asked me to clear the mess on the vessel and said they were going to bring more food”.

At about 6am the following day the Navy boat stormed our vessel and brought us to the Tema Port and were later joined by officials from the Narcotics Control Board (NACOB)

He said during the search Bruce Arhin brought a harmer which they used to break the padlock to the hatch of the vessel where only one out of the 77 parcels was found.

“When the parcel was opened, there were 30 slabs packed in the shape of a video cassette. A field test conducted by the NACOB officials tested positive for cocaine”.

He told the court that during cross examination that he was not involved in the main work an the vessel saying “I was only engaged as a cook and Dawson was not on the vessel”

Due to ethical consideration, Mr. Osei Owusu, counsel for Isaac Arhin and Bruce Arhin could not cross examine Inkoom because the witness was his client during the initial sages of the case

The court presided over by Mr. Justice Annin Yeboah of the court of Appeal then adjourned proceedings until January 24, to enable Isaac Arhin and Bruce Arhin to engage the services of new counsel to handle the cross examination.

Earlier the first PW, Detective Corporal Edward Yaw Asante was crossed examined by Li Xing who did not have counsel.

Speaking through an interpreter, the two Chinese denied knowledge about the contents of the parcel but the witness insisted that they knew about the contents and it was Xing who led the search team of which he was part, to retrieve the only parcel from the hatch of the vessel

Cocaine Case: Accused's Statements Tendered In Court

By William Yaw Owusu

Wednesday, 17 January 2007
An accused person in the trial of the missing parcels of cocaine from a fishing vessel at the Tema port, is said to have admitted in a police caution statement that ACP Kofi Boakye told him about rumours that a co-accused person, had taken the cocaine to the Manhyia Palace in Kumasi for safe keeping.

Alhaji Issah Abass, the accused person alleged that ACP Boakye, former head of Operations of the Police Service, told him at a meeting at the Police Headquarters that he suspected that the co-accused Kwabena Amaning, also known as Tagor, had taken the Narcotic substance to Manhyia from where he was selling it.

Abass’s statement and that of Tagor were read in court yesterday by Detective Inspector Justice Oppong who testified for the prosecution as the initial investigator of the case.

Tagor is charged with four counts of conspiracy, engaging in prohibited business relating to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass faces three counts of conspiracy, engaging in prohibited business relating to narcotic drugs and supply of narcotic drugs.

Abass, according to the statement, said ACP Boakye had told him that he would not allow anybody to tarnish the reputation of the Asantehene and vowed to track down all those involved in the missing parcels.

Abass further said in his statement that he and some others were invited to Mr. Boakye’s residence where he repeated the question about the whereabouts of the missing parcels but they all denied any knowledge.

In Tagor’s statement, he said in May, last year ACP Boakye invited him to his house where the issue of the missing cocaine was raised but all those at the meeting denied any knowledge of,he added , "I am a property dealer and not a narcotic dealer".

Inspector Oppong said under cross-examination by Ellis Owusu Fordjuor and Mohammed Atta, counsel for Tagor and Abass respectively, that after the Georgina Wood Committee that investigated the missing cocaine had released its report, the case docket was taken from him to the CID Headquarters but he declined to mention the person who gave that instruction.

He said he took the caution statements of the two accused persons together with other persons arrested in connection with the case on August 3, 2006.

Mr. Oppong further told the court that he searched the houses of Tagor and Abass and took a statement from ACP Boakye.

When Justice Dotse, the trial judge, asked him whether he extended his investigations to Manhyia, Mr. Oppong said, "I did and that is why Alhaji Moro was brought in for interrogation".

He said the names of Tagor and Abass were not on the list attached to the exhibits that were sent to the Ghana Standard Board for analysis and added, "they voluntarily gave their statements to me".

Wednesday, January 17, 2007

Cocaine Case: Accused's Statements Tendered In Court

By William Yaw Owusu

Wednesday, 17 January 2007
An accused person in the trial of the missing parcels of cocaine from a fishing vessel at the Tema port, is said to have admitted in a police caution statement that ACP Kofi Boakye told him about rumours that a co-accused person, had taken the cocaine to the Manhyia Palace in Kumasi for safe keeping.

Alhaji Issah Abass, the accused person alleged that ACP Boakye, former head of Operations of the Police Service, told him at a meeting at the Police Headquarters that he suspected that the co-accused Kwabena Amaning, also known as Tagor, had taken the Narcotic substance to Manhyia from where he was selling it.

Abass’s statement and that of Tagor were read in court yesterday by Detective Inspector Justice Oppong who testified for the prosecution as the initial investigator of the case.

Tagor is charged with four counts of conspiracy, engaging in prohibited business relating to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass faces three counts of conspiracy, engaging in prohibited business relating to narcotic drugs and supply of narcotic drugs.

Abass, according to the statement, said ACP Boakye had told him that he would not allow anybody to tarnish the reputation of the Asantehene and vowed to track down all those involved in the missing parcels.

Abass further said in his statement that he and some others were invited to Mr. Boakye’s residence where he repeated the question about the whereabouts of the missing parcels but they all denied any knowledge.

In Tagor’s statement, he said in May, last year ACP Boakye invited him to his house where the issue of the missing cocaine was raised but all those at the meeting denied any knowledge of,he added , "I am a property dealer and not a narcotic dealer".

Inspector Oppong said under cross-examination by Ellis Owusu Fordjuor and Mohammed Atta, counsel for Tagor and Abass respectively, that after the Georgina Wood Committee that investigated the missing cocaine had released its report, the case docket was taken from him to the CID Headquarters but he declined to mention the person who gave that instruction.

He said he took the caution statements of the two accused persons together with other persons arrested in connection with the case on August 3, 2006.

Mr. Oppong further told the court that he searched the houses of Tagor and Abass and took a statement from ACP Boakye.

When Justice Dotse, the trial judge, asked him whether he extended his investigations to Manhyia, Mr. Oppong said, "I did and that is why Alhaji Moro was brought in for interrogation".

He said the names of Tagor and Abass were not on the list attached to the exhibits that were sent to the Ghana Standard Board for analysis and added, "they voluntarily gave their statements to me".

Unpublished Article(Three Policemen)

By William Yaw Owusu

16/01/2007
Following threats allegedly issued to some potential witnesses in the ongoing trial of three policemen charged for their roles in the disappearance of 76 parcels of cocaine from the MV Benjamin vessel at the Tema Port, the Fast Track High Court has decided to hear their evidence in camera.

This is to ensure that the witnesses, who are believed to be fishermen, are protected from the public.

The three policemen together with another called General Sergeant Samuel Yaw Amoah, now at large, were said to have taken an undisclosed amount and released Asem Darke, popularly called Sheriff, the man being sought for by the police for carting the 76 parcels of cocaine away.

Those on trial, 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.

Another policeman, Kennedy Dzakeh, originally arrested with the three in connection with the case is not yet charged while a sixth person arrested with them, Sergeant Isaac Asante, has been made a prosecution witness in the case.

Yesterday, when the court resumed sitting after a one month break, Mrs. Stella Badu a Senior State Attorney, prosecuting the case said the state wants the trial to be heard in camera because “the next set of witnesses have reason to believe that their lives are in danger”.

“They are being sought after day by day. We want their evidence to be taken in camera for their safety and Article 19 (15) of the Constitution strongly supports this”.

Both Dei Kwarteng and Musah Ahmed, counsel for Yabson on one hand and Nyarko and Bundorin on the other opposed the prosecution’s application saying there was no justification for what the prosecution was seeking to do.

Mr. Kwarteng said “I do not know whether those doing this are the accused persons and the prosecution has not told the court who they are”.

Mr. Ahmed for his part argued that once some witnesses had already appeared to testify in the case there was no reason to hear subsequent proceedings in camera saying “we want to assure the potential witnesses that they can freely testify and nothing will happen to them”.

The court presided over by Justice Annin Yeboah, who is also a Court of Appeal judge the over ruled counsel’s objection saying “I will allow the public to excuse us for now”.

Monday, January 15, 2007

3 Freed in Covaine Case

By William Yaw Owusu

Saturday, January 13, 2007
The trial of three men charged for importing 15 kilogrammes of cocaine in a shipment of yoghurt into the country were discharged by an Accra Circuit Court, yesterday.

They are Michael Ayache, the Managing Director of Market Direct Limited as well as Isaac Quansah and Mohammed Salami, all clearing agents who were charged with illegal importation of narcotic drugs.


Their discharge follows a submission by Ms. Gertrude Aikins, the Acting Director of Public Prosecution (DPP) that the state had decided to discontinue the case because there was no evidence of their (three men) involvement in the importation of the cocaine.

“Based on our assessment of investigations done so far, we have decided not to press charges against the three accused persons. We wish to withdraw the charges brought against them”, she told the court presided over by Justice Kwadwo Owusu.

Sam Okudjeto, counsel for the three men did not make any submission in court and the judge discharged them accordingly.

It will be recalled that on January 10, the police arraigned before court a 33 year old man from Panama called Ricardo Gooding whom the police said was a key suspect in the importation of the narcotic substance.

Gooding according to Ms. Aikins, was alleged to have put the parcel containing the narcotic substance in the yoghurt container shipped into the country by Market Direct Limited, a company located on the Spintex Road in Accra

He was arrested on December 24, last year, and remanded in prison custody until February 9.

Ms. Aikins had submitted that Gooding was an illegal immigrant and that the police was yet to commence investigation into the matter, adding, “We are yet to apprehend one Mustapha of Nima who is believed to be an accomplice”.

Kwabla Dogbe Senanu, counsel for Gooding had argued that once his client had not been charged with abusing the country’s immigration rules there was no need to detain him.

Gooding’s plea was not taken by the court and the facts of the case as well as the charges were also not read.
The three men arrested on December 15, 2006 were twice remanded on December 27, last year and January 10.

The court did not take their plea and the facts were never read.

Asking for a remand, Ms. Aikins who led the prosecution said “I receive the case docket on Monday and have been assured by the police that Interpol is going to provide vital information concerning the matter on Thursday (today).

Mr. Sam Okudjeto, counsel for the three had persistently said there was no criminalization on the part of his clients as far as the facts of the case were concerned.

The prosecution's case was that on December 12, this year, the Organised Crime Unit of the Criminal Investigation Department (CID) of the Ghana Police Service had information that some drugs had been concealed in a container loaded with other goods.

The container with registration number MSKY 6646380 was imported by Market Direct Company Limited, a company located on the Spintex Road in Accra, had arrived from Peru and was awaiting clearance at Mearsk Sealand, Tema.

It said when the container was opened on December 12, 2006, in the presence of Police, Customs, Excise and Preventive Service (CEPS) and the clearing agents, a bag found on top of imported yoghurt drinks had 15 slabs of narcotic drugs suspected to be cocaine.

The prosecution said Ayache, Managing Director of Market Direct Company, was arrested and he denied any knowledge and ownership of the drugs.

It said Ayache had told the police that he imported the yoghurt through an agent known as Claudio Mollo in Argentina on the Internet. The prosecution said Quansah and Salami were also arrested to assist in investigations.

Friday, January 12, 2007

Special Motor Court Set Up

By William Yaw Owusu

Friday, 12 January 2007
THE effort to curb indiscipline among motorists and reduce accidents on the country’s roads has received a major boost with the re-inauguration of a special motor court to try traffic offences. The re-inauguration was performed in Accra yesterday by the Chief Justice, George Kingsley Acquah.

The Chief Justice said the inability to re-establish the motor courts sooner was due to the non-availability of accommodation and court houses for judges and magistrates, saying that "those to handle such cases are not a problem for the service."

He appealed to the government to step up funding for the Judicial Service to ensure appropriate working conditions for judges and to enhance efficiency.

He also warned indisciplined drivers to change their attitude, saying "The vacation that they enjoyed from prosecution of motor traffic offences is now over."

Chief Justice Acquah deplored the attempt by some district assemblies to direct and control magistrates in the performance of their judicial functions because they provided court houses and accommodation for the judicial service.

"There are indications of some hot tensions in some districts between powerful individuals and groups against the magistrate, resulting in an appeal to my office for the transfer of the magistrate.

"In one case, I visited the district myself, and the Chief Executive there explained to me that the basis of their action was that the magistrate remanded in prison custody some people brought before him. Some of those remanded were staff of the assembly and he therefore directed the magistrate to release them on bail but he refused.

"The Constitution of this country does not empower any DCE, individuals, body or institutions to issue such an illegal or unconstitutional directive as provided in Article 127 (2)", he stated.

For his part, Mr Joe Ghartey, Attorney-General and Minister of Justice, said the Road Traffic Act 663 of 2004 has been streamlined to meet current challenges and urged the public not to see the new law as an instrument for punishment but rather to bring sanity on the roads.

He commended the Chief Justice for always striving to ensure that justice was brought to the doorsteps of all manner of people.

The Assistant Commissioner of Police in-charge of the Motor Traffic Unit, ACP Victor Tandoh, said curbing indiscipline on the roads is a shared responsibility between the police and the public, saying "In most cases the blame is always shifted on the police and to some extent the judiciary".

Mr Joe Osei-Owusu, Chief Executive of the Driver and Vehicle Licensing Division (VELD), said there should be an attitudinal change on the part of road users particularly motorists as well as the strict enforcement of the law to ensure accident free country.

The president of the Ghana Bar Association (GBA), Solomon Kwame Tetteh, said the re-introduction of the motor court should not be seen as a revenue earning venture but rather as the judiciary’s contribution towards road safety campaign in the country.

The special court which used to operate in the past ceased to operate in the 1970s when the Trades Union Congress, whose property was being used as the court took back their premises.

The new court, situated at the Greater Accra Regional Tribunal building, has the status of a magistrate court and will handle solely motor traffic cases.

It forms part of the Judicial Services’ agenda to create specialised courts to ensure effective delivery in the country.

Thursday, January 11, 2007

Key Suspect Arrested In Cocaine Case

By William Yaw Owusu

Thursday, 11 January 2007
The case in which three men are standing trial for importing 15 kilogrammes of cocaine allegedly hidden in a shipment of yoghurt into the country, has taken a new turn with the arrest of a key suspect, 33-year-old Richardo Gooding,Panama in Central America.

Gooding according to Gertrude Aikins, the Acting Director of State Prosecution (DPP) is believed to have put the parcel containing the narcotic substance in the yoghurt container shipped to Ghana by Market Direct Limited, a company located on the Spintex Road in Accra.

Gooding, who was arrested on December 24, at Nima in Accra was arraigned at an Accra circuit court yesterday, and was remanded in custody until February 9 without his charge being read.

Ms. Aikins submitted that Gooding is an illegal immigrant and that the police are yet to commence investigation into the matter. "Besides we are yet to apprehend one Mustapha of Nima who is believed to be an accomplice", she added.

Opposing the prosecution’s application for remand, Kwabla Dogbe Senanu, counsel for Gooding, said that once his client had not been charged with abusing the country’s immigration rules, there was no need to detain him.

Earlier, the court remanded the three men Michael Ayache, Managing Director of Market Direct Limited, Isaac Quansah and Mohammed Salami, both clearing agents in custody on their second appearance. Their plea was not taken.

Applying for their remand, Ms. Aikins said, "I received the case docket on Monday and have been assured by the police that Interpol is going to provide vital information concerning the matter on Thursday" (today).

Sam Okudjeto, counsel for the three accused persons arguing for bail said the factual situation negated the charges preferred against his clients. " There is no criminalisation on their part as far as the facts of the case are concerned," he argued.

He said nothing prevents the police from carrying out their investigations into the matter adding that "the company has been able to assist the police to arrest a key suspect and this alone shows the seriousness we are attaching to this matter."

Ms. Aikins then cut in to say, "Justice demands that we should be given the opportunity to do our investigations. The fact that somebody (Gooding) has been arrested does not mean that the three should be released today."

The prosecution’s case is that last December 12, the Organised Crime Unit of the Police Criminal Investigation Department had information that some drugs had been concealed in a container loaded with other goods.

The container imported by Market Direct Company had arrived from Peru and was awaiting clearance at Mearsk Sealand, Tema.

According to the prosecution when the container was opened in the presence of the Police, Customs officials and the clearing agents, a bag found on top of imported yoghurt drinks, had in it 15 slabs of narcotic drugs suspected to be cocaine.

Ayache told the police that he imported the yoghurt through an agent in Argentina he found on the Internet, known as Claudio Mollo.

Wednesday, January 10, 2007

¢1 billion bail for Tibu-Darko


By William Yaw Owusu

Wednesday, January 10, 2007
Prince Tibu-Darko, the Tema based businessman, standing trial for the exportation of 3,700 kilogrammes of cocaine to Europe was yesterday granted a ¢1 billion bail with two sureties to be justified by an Accra Fast Track High Court.

The court presided over by Justice Jones Dotse who also a Court of Appeal ordered Tibu-Darko, 49, to surrender his passport and all travelling documents to the court’s registry and asked him to report to the investigator of the case every Wednesday.

Additionally, the court asked the Medical Officer in charge of Tibu-Darko, who is currently on admission at the Nyaho Medical Centre, a private clinic in Accra, to inform the Registrar of the court anytime he (Tibu-Darko) is discharged or in the event of a transfer to another health facility.

Explaining the reasons for the grant of bail, the judge said the prosecution had failed to gather the necessary facts needed to prosecute the case, saying “the charge preferred against the accused is so serious that there must be concrete facts attached to it”.

He said even though Section 97 of the Criminal Procedure Code 1960 had been amended by Act 714 in order that bail is not granted to people who are arrested for narcotic offences, the law did not specify the conditions under which the court exercised its discretion in the grant of bail.

“If the prosecution is not able to gather all credible materials needed to prosecute the case within a reasonable time then the court’s hand cannot be tied to this new Act with respect to the exercise of its discretion in the grant of bail”.

The court further held that in any trial the facts must correspond with the charges preferred against an accused person “but in this case the charges cannot support the facts as expected”.

The judge further said since investigations into the case commenced the prosecution had failed to name the European country where the accused exported the cocaine to, name the way in which the accused made the export and the officials who effected the arrest and interception of the vessel.

“All this shows that the prosecution is not ready to furnish the court with the facts”.

The prosecution led by Mrs. Yvonne A. Obuobisah, a Senior State Attorney onDecember 21, indicated to the court that they were no longer opposed to the grant of bail to the accused person due to the fact that he (Tsibu-Darko) was indisposed.

She had also submitted that they were still investigating the matter saying “there has been a little difficulty in our investigations because we have to go beyond the territorial waters of Ghana”.


They therefore asked the court to exercise its discretion in granting the bail and the setting of conditions that would ensure that Tibu-Darko come back to stand trial.

Gabriel Pwamang and Yonnie Kulendi,counsel for Tibu-Darko then renewed their application for bail on the grounds that the continuous detention of the accused without any trial was against his rights and also had affected his health.

The court said the prosecution was served with the application but did not challenge the facts presented by counsel.


Tsibu-Darko has pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.

He appeared for the 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 on November 23, last year.

Friday, January 05, 2007

Court Decide on Tsibu-Darko, Tuesday


By William Yaw Owusu

Saturday January 06, 2007
An Accra Fast Track High Court trying Prince Tsibu-Darko, the Tema based businessman, for the exportation of 3700 kilogrammes of cocaine to Europe will on January 9, determine whether to grant him bail

This follows a renewed application by Mr. Gabriel Pwamang, counsel for Tsibu-Darko that his client’s health was deteriorating.

The prosecution led by Mrs. Yvonne A. Obuobisah, a Senior State Attorney had indicated to the court that they were no longer opposed to the grant of bail to the accused person due to the fact that he (Tsibu-Darko) was indisposed.

She also submitted that they were still investigating the matter saying “there has been a little difficulty in our investigations because we have to go beyond the territorial waters of Ghana”.


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.

Mr. Yonnie Kulendi, another defence counsel had suggested to the court to give the bail orders and reserve the reasons at a later date in order to ensure that the delivery of justice was not compromised.

But the judge, Mr. Justice Jones Dotse; also with the Court of Appeal replied that the High Courts are courts of record whose decisions, the lower courts used as guidance, saying “there should be a holistic approach to the issue of bail in such cases”.

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

He appeared for the 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 on November 23, last year.

COURTS NOT GOLD MINES - Judges Told


By William Yaw Owusu

Friday, 05 January 2007
A Supreme Court Judge Seth Twum has cautioned judges not to use the bench as a money-making avenue.

"There is the greatest possibility in the practice of this noble profession to be corrupted. I will urge you to always live above reproach in order that we all preserve the sanctity of the administration of justice towards the consolidation of our democracy," Justice Dr Twum said when he swore in four new career magistrates in Accra yesterday.

Career magistrates are non-lawyers who are trained to administer justice, especially in rural areas where there are no judges.

He said public expectations of the judiciary as far as the country’s democratic dispensation is concerned are high and it is up to members of the bench to take up the challenge and ensure that the administration of justice is accessible to all manner of people.

Stressing the need for judges to be in the forefront of the administration of justice, he said "judicial office is pleasant but do not let the power get into your heads.

"Apply the laws appropriately. Be fair and firm in the dispensation of justice. You are here to make justice delivery work".

Dr. Twum pointed out that judges at the lower courts are the ones handling the bulk of cases brought to the courts and urged them to be diligent in their work, to avoid having backlog of cases.

He said their position was a privileged one so they should observe the responsibilities attached to it and always call their minds to the requirements of being a judge.

Dr Twum also advised judges to be circumspect in their dealings with the public, saying however that in their quest to maintain a discreet social life, they should not be snobs.

Mr. Paul K. Alhassan, on behalf of the new magistrates, gave the assurance that they would work to ensure the promotion of justice in the country.

"We will ensure that the Judicial Service does not have cause to regret instituting the career magistrate concept," he promised.

The ceremony was attended by the Judicial Secretary, Mrs Regina Apotsi, and other senior officials of the Judicial Service.

Wednesday, January 03, 2007

‘Onantefuor’ Steals Show At Exhibition'

By William Yaw Owusu

Wednesday, 03 January 2007
Kantanka Onantefuor was the star at this year’s charity and technology exhibition of the Christ Reformed Church (Kristo Asafo) in Accra on Sunday.

‘Kantanka Onantefuor’ is not one of the latest converts of the church. It is the name given to a cross-country vehicle, the latest innovation by Apostle Dr. Kwadwo Sarfo, leader and founder of his church.

The exhibition, which has been held annually for the past 26 years, also had on display a wide range of products including television sets that are controlled with human breath and clapping, air conditioners, FM and television transmitters, sound systems, crane for lifting heavy equipment, maize sheller, corn mill, stabiliser and a transformer, all manufactured by the church.

The church donated foodstuff produced from the church’s farm, worth ¢799,860,000 and ¢40 million cash to institutions including orphanages throughout the country.

Speakers who took turns to address the large crowd called on the government to give practical meaning to Apostle Sarfo’s initiative as a way of encouraging him to advance technology in the country.

Felix Owusu-Adjapong, Minister for Parliamentary Affairs, who was the guest of honour said "I will be discussing with colleague ministers, especially, Energy and Agriculture sectors to be interested in the church’s technological achievements in order to meet the challenges in the energy and agricultural sectors".

He urged the church to link up with the industrial sector for the inventions to be made beneficial to society.

Ms. Joyce Aryee, Chief Executive of the Ghana Chamber of Mines, who co-chaired the function with Prof. Stephen Adei, Rector of the Ghana Institute of Management and Public Administration said: "Apostle Sarfo has made good use of his God given talent and we should all emulate him."

For his part, Prof. Adei said "we lack self confidence as a people. We have to believe in ourselves that we are capable of transforming our country since nobody will come from outside to do it for us".

Prof. Kwabena Frimpong Boateng, Chief Executive of the Korle-Bu Teaching Hospital, said "the country can develop rapidly if we pay more attention to what technology can do for us".

Ablade Odai Ayiku IV, Nungua Mantse, urged government to support Apostle Sarfo to enhance the economic development of the country.

Apostle Sarfo said that with commitment and dedication, Ghana can provide for its own technological needs."