BENJILO WINS PROPERTY BACK

By William Yaw Owusu

Wednesday, 14 February 2007
AN Accra Fast Track High Court yesterday ordered the immediate release of property worth billions of cedis seized in April 1997 from George Adu Bonsu, popularly called Benjilo, following his conviction in a narcotics case.

The application for the release of the property, including houses, shops and cars, was filed by six interested parties, including boxing legend Azumah Nelson.

Other plaintiffs were Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.

The suit cited the Inspector-General of Police (IGP), Narcotics Control Board (NACOB) and the Attorney-General as the defendants.

The court, presided over by Justice Victor Ofoe, also ordered that over ¢1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. and ¢30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction. He has since served his term.

Additionally, the court awarded ¢80million to the plaintiffs in the form of damages and ¢50 million cost against the defendants.

In his 24-page judgement yesterday, the court made it clear that the decision of the court was "based on evidence of the plaintiffs alone since the defendants offered no evidence."

The court said following the conviction of Benjilo, certain properties were seized by the state, in the belief that they belonged to him.

The plaintiffs then filed an application to claim back the property in 1998, but the state, led by the Attorney-General’s Department initiated forfeiture proceedings in respect of the plaintiff’s claims.

An Accra High Court at the time, struck out the A-G’s forfeiture application on the grounds that Benjilo’s appeal against his conviction was still pending and advised the plaintiffs to seek redress in another forum if they so wished.

The court said when Benjilo’s appeal application was finally disposed off at the Supreme Court on May 9, 2001, the way was clear for the state to proceed with the forfeiture proceedings if it found it necessary but it did not do so.

Justice Ofoe said once the Narcotic Law provided special treatment for dealing with properties suspected to have been acquired from drug business and if it was not applied timeously, an aggrieved person had the right to go to court to seek redress.

The court said it was based on this that the third parties, the plaintiffs who had been making claims from the time of the seizure in 1997, initiated the current action on March 2, 2005, to claim the properties.

The court further said full trial commenced on March 8, 2006 and the plaintiffs closed their case on May 11, 2006, adding that "all this while, the A-G who was defending the case did not mention or think about any forfeiture proceedings under the Narcotic Law."

The court said on May 16, two days before the state was to open its defence, they filed their motion for forfeiture and applied for stay of proceedings to enable them to complete that process but the court dismissed it.

The judge said the state filed a defence to contest the case but when they were to open their defence, the defendants did not come to court, adding "I have no option than to proceed if justice is to be seen to be done."

The court said Mrs Bonsu who represented Benjilo Fabrics was able to lead evidence to establish that the buildings on which the company operated a chain of shops were on leasehold and one of the cars in dispute belonged to the company.

Mrs Bonsu was also able to lead evidence to prove that the home at Kokomlemle in Accra belonged to Ms Konadu, who, herself, testified and led evidence to that effect.

The court further said Amankwah who is domiciled in the United States was able to show that the Nungua house which was confiscated belonged to him and not Benjilo.

In the evidence of Mr Azumah Nelson, the court said he was able to prove that an unnumbered warehouse/hospital premises opposite ABC Junction at Alogboshie, Achimota in Accra belonged to him.

The court further said that Mrs Bonsu led evidence to establish that she bought the Achimota residence for her son, Dennis Adu Bonsu, when he was nine-years-old.

"Since I have not found any law supporting the action of the defendants, it is my view that this action is unreasonable, arbitrary, unjustifiable and unlawful.

"The detention of the properties is a violation of their fundamental rights to property," the judge said.