By William Yaw Owusu
Friday April 27,2007
AN Accra Fast Track High Court yesterday discharged Prince Tibu-Darko, the Tema-based businessman who was standing trial for allegedly exporting 3,700 kilogrammes of cocaine to Europe.
This follows a “Nolle Prosequi” (unwilling to pursue) application filed by the Attorney-General’s Department to discontinue the case, the second time in the trial of the accused.
On November 22 last year the prosecution filed a similar application at the circuit court to discontinue trial.
However, soon after being discharged, he was re-arrested and arraigned at the Fast Track High Court the following day.
When the case was called yesterday the trial judge, Justice Jones Dotse of the Court of Appeal said “I have just seen a “Nolle Prosequi” application signed by Mrs Yvonne Atakorah Obuobisah, the Principal State Attorney, prosecuting the case on behalf of the Attorney-General.”
Yonnie Kulendi, counsel for Tibu-Darko then replied: “I am aware although we have not been served with a copy. We are not opposed to the application. We even think it should have been done long ago.”
Mrs Obuobisah confirmed t hat the application was filed on April 25, under section 54 of the Criminal Procedure Code Act 30 of 1960.
Justice Dotse then said: “With the filing of this application the accused is entitled to an immediate discharge.” He subsequently quashed the orders made when the court granted Tibu-Darko bail on January 9.
The judge however said he could not make orders on Tibu-Darko’s assets which were confiscated by the Serious Fraud Office (SFO) to be returned to him. This is because the court did not give those orders and Justice Dotse asked counsel to take that issue up by filing a formal application.
Tibu Darko had pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.
He first appeared at an Accra circuit court on August 16, and was remanded until December 21. Subsequently, the prosecution said they were no longer opposed to bail and the court granted him a ¢ billion bail with two sureties to be justified on January 9 while he had been taken ill and was on admission in hospital.
Friday, April 27, 2007
Wednesday, April 25, 2007
Cops witnessed loading of cocaine........Investigator tells court
By William Yaw Owusu
Wedneday,April 25,2007
POLICE Detective Inspector Charles Adaba, the investigator in the case of the three policemen standing trial over the missing 76 parcels of cocaine yesterday told an Accra Fast Track High Court t hat the accused persons witnessed the loading of the cocaine into a van at the Kpone Beach by Sheriff Asem Darke and his men.
Insp. Adaba, who is the 10th Prosecution witness told the court that after the loading the policemen satin Sheriff’s Land Cruiser vehicle and drove to his residence at Community 5 in Tema to collect an undisclosed amount and left him off the hook.
He was giving evidence in the case involving Sergeant David Nyarko and Lance Corporals Dwamena Yabson and Peter Bundorin, who are charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.
Another policeman, Detective Sergeant Samuel Yaw Amoah escaped soon after he was granted bail by an Accra Circuit Court in September last year.
The accused, all with the Tema Regional Police Command, have pleaded not guilt y to two count s of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Led in evidence by Emmanuel Agyemang Duodu, a Principal State Attorney, Insp. Adaba told the court that when the MV Benjamin anchored at the breakwaters of the Tema Port, 76 out of the 77 parcels of cocaine on board were offloaded into two boats which sped off to the Kpone area in the early honours of April 26 last year.
He said some fishermen who observed, the incident, tried to find out what was on board the two boats but an occupant of one boat fired a warning shot t o scare them off.
“The fishermen then phoned the owner of the boat, who together with two others, went to the Tema New Town Police Station to report the matter and they met Amoah who also organized Nyarko and Yabson to follow t hose carrying the cocaine along the Paradise Beach,” Insp. Adaba said.
He said the policemen were informed at the beach that the boats had changed their course to the Kpone Beach.
“Yabson and a fisherman, Joe, then joined a taxi to the Kpone Police Station to seek reinforcement while Amoah, Nyarko and the other fishermen walked along the beach to meet them.”
Insp. Adaba said the duty officer at Kpone asked Sgt. Isaac Asante and Buudorin to join Yabson to arrest t hose with the cocaine.
“Yabson at the beach positioned Bundorin who was not wearing a uniform but had an AK-47 rifle at a point and walked with Joe to Sheriff’s car which was parked together with a Daewoo saloon car and a van in which the cocaine was packed,” he said.
He said investigations revealed that Amoah and Nyarko together with Yabson, had a chat with Sheriff while the cocaine was being loaded into the van.
“After loading the cocaine, the policeman called the fisherman and they all sat in Sheriff’s car and drove of in a convoy to Tema Community 54”.
He said on their way Bundorin crossed the convoy with a taxi, determined to arrest them but Amoah convinced him to follow them in the taxi to Tema.
Inspector Adaba said the van took the lead, followed by the Daewoo car driven by a Korean called ‘Killer’ who is also wanted by the police, and then Sheriff’s car.
He told the court that at Community 5, Bundorin waited outside Sheriff’s house while the others went in.
He further said Sheriff left them in the house ands came back later to give the accused persons an unspecified amount.
“After collecting the money’ the accused together with the fishermen drove to the Tema Oil Refinery area and where they gave 10,000 dollars to the fishermen and left with Joe”.
He said when the case docket was given to him in October last year to continue with investigations, he went to the DVLA where he found that the Land Cruiser belong to Sheriff while the document covering the Daewoo car was forged.”
“The car that ‘; Killer’ used had a registration number that belong to a different car. The car’s registration was in the name of the Korean Embassy.”
He said investigations revealed that all the accused persons owned cars and that of Nyarko was bought in July last year, adding, “I have cause to believe that Nyarko bought it from the proceeds of the money Sheriff gave them.”
He told the court that he took charge statements from the accused persons but they refused to give further charge statements later on.
He also said Amoah admitted in his statement that they collected money from Sheriff and his share was 3,000 dollars.
The court, presided over by Justice Annin Yeboah, adjourned proceedings until May 3, for Musah Ahmed, counsel for the policemen, to cross-examine Inspector Adaba.
Wedneday,April 25,2007
POLICE Detective Inspector Charles Adaba, the investigator in the case of the three policemen standing trial over the missing 76 parcels of cocaine yesterday told an Accra Fast Track High Court t hat the accused persons witnessed the loading of the cocaine into a van at the Kpone Beach by Sheriff Asem Darke and his men.
Insp. Adaba, who is the 10th Prosecution witness told the court that after the loading the policemen satin Sheriff’s Land Cruiser vehicle and drove to his residence at Community 5 in Tema to collect an undisclosed amount and left him off the hook.
He was giving evidence in the case involving Sergeant David Nyarko and Lance Corporals Dwamena Yabson and Peter Bundorin, who are charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.
Another policeman, Detective Sergeant Samuel Yaw Amoah escaped soon after he was granted bail by an Accra Circuit Court in September last year.
The accused, all with the Tema Regional Police Command, have pleaded not guilt y to two count s of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Led in evidence by Emmanuel Agyemang Duodu, a Principal State Attorney, Insp. Adaba told the court that when the MV Benjamin anchored at the breakwaters of the Tema Port, 76 out of the 77 parcels of cocaine on board were offloaded into two boats which sped off to the Kpone area in the early honours of April 26 last year.
He said some fishermen who observed, the incident, tried to find out what was on board the two boats but an occupant of one boat fired a warning shot t o scare them off.
“The fishermen then phoned the owner of the boat, who together with two others, went to the Tema New Town Police Station to report the matter and they met Amoah who also organized Nyarko and Yabson to follow t hose carrying the cocaine along the Paradise Beach,” Insp. Adaba said.
He said the policemen were informed at the beach that the boats had changed their course to the Kpone Beach.
“Yabson and a fisherman, Joe, then joined a taxi to the Kpone Police Station to seek reinforcement while Amoah, Nyarko and the other fishermen walked along the beach to meet them.”
Insp. Adaba said the duty officer at Kpone asked Sgt. Isaac Asante and Buudorin to join Yabson to arrest t hose with the cocaine.
“Yabson at the beach positioned Bundorin who was not wearing a uniform but had an AK-47 rifle at a point and walked with Joe to Sheriff’s car which was parked together with a Daewoo saloon car and a van in which the cocaine was packed,” he said.
He said investigations revealed that Amoah and Nyarko together with Yabson, had a chat with Sheriff while the cocaine was being loaded into the van.
“After loading the cocaine, the policeman called the fisherman and they all sat in Sheriff’s car and drove of in a convoy to Tema Community 54”.
He said on their way Bundorin crossed the convoy with a taxi, determined to arrest them but Amoah convinced him to follow them in the taxi to Tema.
Inspector Adaba said the van took the lead, followed by the Daewoo car driven by a Korean called ‘Killer’ who is also wanted by the police, and then Sheriff’s car.
He told the court that at Community 5, Bundorin waited outside Sheriff’s house while the others went in.
He further said Sheriff left them in the house ands came back later to give the accused persons an unspecified amount.
“After collecting the money’ the accused together with the fishermen drove to the Tema Oil Refinery area and where they gave 10,000 dollars to the fishermen and left with Joe”.
He said when the case docket was given to him in October last year to continue with investigations, he went to the DVLA where he found that the Land Cruiser belong to Sheriff while the document covering the Daewoo car was forged.”
“The car that ‘; Killer’ used had a registration number that belong to a different car. The car’s registration was in the name of the Korean Embassy.”
He said investigations revealed that all the accused persons owned cars and that of Nyarko was bought in July last year, adding, “I have cause to believe that Nyarko bought it from the proceeds of the money Sheriff gave them.”
He told the court that he took charge statements from the accused persons but they refused to give further charge statements later on.
He also said Amoah admitted in his statement that they collected money from Sheriff and his share was 3,000 dollars.
The court, presided over by Justice Annin Yeboah, adjourned proceedings until May 3, for Musah Ahmed, counsel for the policemen, to cross-examine Inspector Adaba.
Monday, April 23, 2007
Ex-GHAPOHA staff lose court battle
By William Yaw Owusu
Saturday,April 21,2007
The Court of Appeal yesterday declined to affirm a Tema High Court decision that ordered the Ghana Ports and Harbours Authority (GHAPOHA) to pay severance awards to the authority’s former casual employees.
The court in a two-to-one majority pointed out that there were some procedural errors in the trial at the High Court so it could not ask GHAPOHA to pay the severance awards to the 4,195 ex-workers.
A three member panel presided over by Justice J.B. Akamba however ordered GHAPOHA to pay the severance award due Clement Agbesi, the only person among five others who initiated the suit on behalf of all the ex-workers at the Tema High Court.
On July 11, 2003, the retrenched workers filed the suit at the High Court against GHAPOHA seeking damages for breaching the provisions of the collective bargaining agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums found due and owing them at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgment in favour of the ex-workers.
It ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001 and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgment for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff, adding, “There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
GHAPOHA further argued that although the judge rightly declared his intention to restrict the adjudication of the issues set down for trial and the evidence on record, his findings were not supported by the record.
“The trial judge erred in finding that GHAPOHA had violated the constitution of the Collective Bargaining Agreement.”
It said the provision did not provide for the automatic conversion of casual employees to the status of permanent staff, and that the finding by the court that the severance package paid to them was not negotiated, is against the weight of evidence.
It said the judgment left various matters yet to be decided and the award of damages was baseless in the law and should be set aside.
Inviting the court to affirm the high court’s decision, the ex-workers contended that they were subjected to grave injustice and unfair treatment by their employer for a long time.
“The defendant/appellant in fragrant violation of all the Collective Bargaining Agreements that existed, exploited and cheated us and even when GHAPOHA carried out a re-organisation in or about September 2003 they still sought to cheat and exploit us.”
Reading the decision of the majority the presiding judge, Justice Akamba held that the inclusion of 3839 list of ex-workers and 356 others by the plaintiffs should have been done with the leave of the trial court which they failed to do.
“The supplementary list has therefore become total strangers in the whole action and have found themselves in a comedy of errors”.
The majority’s view which also included that of Justice G.M. Quaye, said that there is lack of clarity about the whole list adding “the steps taken in filing the lists are unwarranted by the rules and this entitles the appellant to have the purported joinders set aside”.
They also said the information accompanying the supplementary list bore no evidencial value since the ex-workers failed to discharge the burden of proof.
Ruling in favour of the ex-workers, Justice W.H.K. Addo held that failuer to take leave of the court to ammend the list did render the action of the ex-workers action void.
He said the trial judge exercised his discretion in finding GHAPOHA liable and the appellant could not also show at the appeal whether the trial judge exercised that discretion wrongly.
He said the appeal had no merit and dismissed GHAPOHA’s action.
Justice Akamba later said even though GHAPOHA was entitled to cost, the court will not give one.
Later in an interview Albert Adaare, counsel for the ex-workers said they will apply for the ruling and see their next line of action.
Gathered in front of the Supreme Court building were hundreds of the ex-workers who had travelled from different parts of the country to listen to the court’s verdict.
While some felt disappointed about the verdict others did not understand the whole issue and kept asking themselves what was going on.
Saturday,April 21,2007
The Court of Appeal yesterday declined to affirm a Tema High Court decision that ordered the Ghana Ports and Harbours Authority (GHAPOHA) to pay severance awards to the authority’s former casual employees.
The court in a two-to-one majority pointed out that there were some procedural errors in the trial at the High Court so it could not ask GHAPOHA to pay the severance awards to the 4,195 ex-workers.
A three member panel presided over by Justice J.B. Akamba however ordered GHAPOHA to pay the severance award due Clement Agbesi, the only person among five others who initiated the suit on behalf of all the ex-workers at the Tema High Court.
On July 11, 2003, the retrenched workers filed the suit at the High Court against GHAPOHA seeking damages for breaching the provisions of the collective bargaining agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums found due and owing them at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgment in favour of the ex-workers.
It ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001 and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgment for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff, adding, “There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
GHAPOHA further argued that although the judge rightly declared his intention to restrict the adjudication of the issues set down for trial and the evidence on record, his findings were not supported by the record.
“The trial judge erred in finding that GHAPOHA had violated the constitution of the Collective Bargaining Agreement.”
It said the provision did not provide for the automatic conversion of casual employees to the status of permanent staff, and that the finding by the court that the severance package paid to them was not negotiated, is against the weight of evidence.
It said the judgment left various matters yet to be decided and the award of damages was baseless in the law and should be set aside.
Inviting the court to affirm the high court’s decision, the ex-workers contended that they were subjected to grave injustice and unfair treatment by their employer for a long time.
“The defendant/appellant in fragrant violation of all the Collective Bargaining Agreements that existed, exploited and cheated us and even when GHAPOHA carried out a re-organisation in or about September 2003 they still sought to cheat and exploit us.”
Reading the decision of the majority the presiding judge, Justice Akamba held that the inclusion of 3839 list of ex-workers and 356 others by the plaintiffs should have been done with the leave of the trial court which they failed to do.
“The supplementary list has therefore become total strangers in the whole action and have found themselves in a comedy of errors”.
The majority’s view which also included that of Justice G.M. Quaye, said that there is lack of clarity about the whole list adding “the steps taken in filing the lists are unwarranted by the rules and this entitles the appellant to have the purported joinders set aside”.
They also said the information accompanying the supplementary list bore no evidencial value since the ex-workers failed to discharge the burden of proof.
Ruling in favour of the ex-workers, Justice W.H.K. Addo held that failuer to take leave of the court to ammend the list did render the action of the ex-workers action void.
He said the trial judge exercised his discretion in finding GHAPOHA liable and the appellant could not also show at the appeal whether the trial judge exercised that discretion wrongly.
He said the appeal had no merit and dismissed GHAPOHA’s action.
Justice Akamba later said even though GHAPOHA was entitled to cost, the court will not give one.
Later in an interview Albert Adaare, counsel for the ex-workers said they will apply for the ruling and see their next line of action.
Gathered in front of the Supreme Court building were hundreds of the ex-workers who had travelled from different parts of the country to listen to the court’s verdict.
While some felt disappointed about the verdict others did not understand the whole issue and kept asking themselves what was going on.
Friday, April 20, 2007
3 FREED........... After 14 years on remand
By William Yaw Owusu
Friday, April 20. 2007
Two accused persons who were discharged by the Fast Track High Court in Accra yesterday, had no cause to jubilate because they soon found themselves behind prison bars.
This is because they are serving life jail sentences for robbery and murder.
Daniel Kwashie Ayivor and Peter Aflagaji, and a third person, Aryee Ayittey, were discussed by the Fast Track High Court because they had been on prison remand for the past 14 years.
Justice Iris May Brown, the trial Judge, cautioned them to be of good conduct and discharge them, Ayittey walked out of the court a free person. But Ayivor and Aflagaji were taken back. They were condemned prisoners who sentences were later commuted to life imprisonment.
In another case, the court ordered the registrar of the court to serve hearing notices on counsel for two other men, also in their fifties, who claim to have been on remand for 14 years.
They are Francis Agyare and Henry Clottey Abbey who are on robbery charges.
Mrs Evelyn Keelson, Senior State Attorney Prosecuting, told the court that she had found it difficult to trace witnesses in the case.
“We cannot trace the witnesses in this case and this has made it difficult for it to go on,” she said.
When asked where his counsel was, Agyare said: “I do not know where he is. Nobody has ever visited me in prison for the past 14 years.”
Abbey on his part said “my docket is missing.”
The judge promised to assign lawyers for them to ensure a speedy trial.
Friday, April 20. 2007
Two accused persons who were discharged by the Fast Track High Court in Accra yesterday, had no cause to jubilate because they soon found themselves behind prison bars.
This is because they are serving life jail sentences for robbery and murder.
Daniel Kwashie Ayivor and Peter Aflagaji, and a third person, Aryee Ayittey, were discussed by the Fast Track High Court because they had been on prison remand for the past 14 years.
Justice Iris May Brown, the trial Judge, cautioned them to be of good conduct and discharge them, Ayittey walked out of the court a free person. But Ayivor and Aflagaji were taken back. They were condemned prisoners who sentences were later commuted to life imprisonment.
In another case, the court ordered the registrar of the court to serve hearing notices on counsel for two other men, also in their fifties, who claim to have been on remand for 14 years.
They are Francis Agyare and Henry Clottey Abbey who are on robbery charges.
Mrs Evelyn Keelson, Senior State Attorney Prosecuting, told the court that she had found it difficult to trace witnesses in the case.
“We cannot trace the witnesses in this case and this has made it difficult for it to go on,” she said.
When asked where his counsel was, Agyare said: “I do not know where he is. Nobody has ever visited me in prison for the past 14 years.”
Abbey on his part said “my docket is missing.”
The judge promised to assign lawyers for them to ensure a speedy trial.
Abodakpi’s bail appeal rejected
By William Yaw Owusu
Friday, April 20,2007
AN Accra Fast Track High Court yesterday dismissed the application for bail pending appeal filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister who was jailed 10 years by the court on February 5, for causing financial loss to the state.
With this development Abodakpi 57, who is the National Democratic Congress Member of Parliament for Keta, will remain at the Nsawam Medium Security Prisons until his appeal against his conviction pending at the Court of Appeal is heard.
Hearing of the appeal is slated for April 23.
Dismissing the application Justice S.T. Farkye of the Court of Appeal, said Abodakpi could not show any exceptional reason to justify the granting of bail.
“He could not show any substantial circumstance that his appeal will succeed, he said and added: “Being an MP does not make his case a special one. He was convicted by a court of competent jurisdiction and the conviction was based on evidence brought before the court.”
The judge held that there will be no miscarriage of justice if the application was refused because the appeal for bail was “unmeritorious” and the court’s decision was not erroneous whether in fact or law.
The court further said that Abodakpi’s argument that he will not jump bail because his entire family were in the country could not be true because the convict during the trial told the court that all his children were residing abroad.
In court to hear the verdict were his family members, sympathisers and some NDC supporters.
Abodakpi was jailed 10 years with hard labour on seven counts of conspiracy causing financial loss to the state and defrauding by false pretences.
He was said to have illegally authorised the payment of 400,000 dollars to Dr Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.
The 8 million dollar TIP fund was set up by the NDC government to promote the non-traditional export sector.
Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Friday, April 20,2007
AN Accra Fast Track High Court yesterday dismissed the application for bail pending appeal filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister who was jailed 10 years by the court on February 5, for causing financial loss to the state.
With this development Abodakpi 57, who is the National Democratic Congress Member of Parliament for Keta, will remain at the Nsawam Medium Security Prisons until his appeal against his conviction pending at the Court of Appeal is heard.
Hearing of the appeal is slated for April 23.
Dismissing the application Justice S.T. Farkye of the Court of Appeal, said Abodakpi could not show any exceptional reason to justify the granting of bail.
“He could not show any substantial circumstance that his appeal will succeed, he said and added: “Being an MP does not make his case a special one. He was convicted by a court of competent jurisdiction and the conviction was based on evidence brought before the court.”
The judge held that there will be no miscarriage of justice if the application was refused because the appeal for bail was “unmeritorious” and the court’s decision was not erroneous whether in fact or law.
The court further said that Abodakpi’s argument that he will not jump bail because his entire family were in the country could not be true because the convict during the trial told the court that all his children were residing abroad.
In court to hear the verdict were his family members, sympathisers and some NDC supporters.
Abodakpi was jailed 10 years with hard labour on seven counts of conspiracy causing financial loss to the state and defrauding by false pretences.
He was said to have illegally authorised the payment of 400,000 dollars to Dr Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.
The 8 million dollar TIP fund was set up by the NDC government to promote the non-traditional export sector.
Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Court to rule in suit against Ministers
By William Yaw Owusu
Friday, April 20, 2007
An Accra Fast Track High Court will on April 26, give judgement in the case in which Kojo Hodare-Okae, a former Deputy Director of Operations of the Ghana Immigration Service (GIS), is citing two ministers for contempt.
It follows the completion of arguments by Mr. Akoto Ampaw, counsel for the applicant and Mr. Joe Ghartey, the Attorney-General and Minister of Justice who is one of the ministers cited.
Mr. Hodare-Okae initiated the contempt proceedings against the ministers because the Attorney-General (AG) as a government legal adviser had refused to comply with a court order to reinstate him.
The court presided over by Justice Paul Baffoe-Bonnie had on May 27, 2005 ordered the reinstatement of the applicant and awarded nominal damages of c30,000,000 and c30,000,000 cost in favour of Mr. Hodare-Okae but he claims that the Attorney-General had refused to comply with the court order.
Moving the motion for contempt on Wednesday, Mr. Ampaw, said willful disobedience of a court order is an established principle that the courts take seriously.
He contended that his client had made more efforts to get the matter resolved amicably without invoking the coercive powers of the court but the AG has failed to comply with the court orders.
It has always been the position of the applicant not to get into a battle with the government over the reinstatement but rather to have the matter settled amicably.”
Counsel said they filed the entry of judgement on March 3 and the certificate of judgement was served on the defendants on March 16, saying “they have always been aware of the order to reinstate the plaintiff.”
“To date, the AG has refused to take the necessary steps to ensure that the court’s order is obeyed even though he kept telling us that the matter will be resolved.”
Replying, the AG, Mr. Joe Ghartey, who represented himself told the court that “the applicant’s action is totally misconceived, misplaced and fraudulent because they have not been able to establish that have woefully disobeyed the court’s order.”
He said since a contempt suit is a quasi-criminal matter, there should have been a prima facie case against him before the applicant filed the processes.
“The order to reinstate the applicant was not made against the AG yet the applicant has filed the application as if I have disobeyed a court’s order.”
Mr Ghartey further argued that even though the applicant officially reached compulsory retirement on January 22, he filed the certificate of judgement when he had retired.
He said the State Proceedings Act of 1995 should take care of the court’s judgement against the state, saying “by his non submission, the President is incapable of reinstating him because of Article 119 of the Constitution which talks about compulsory retirement.”
“What he has done is totally misconceived. The application was directed at my person and not the office and this is in a bad faith.”
“It was done at a time when he had retired and if it is his entitlements he is talking about he should have been directed to the Accountant-General’s Department.”
When asked by Justice Baffoe Bonnie of the Court of Appeal, where the plaintiff should be placed by the President, once on retirement, Mr Ghartey said “he is being speculative and has not made any attempt to get his entitlements.”
Mr. Ghartey further asked the court to dismiss the contempt application and award punitive cost against the applicant saying “he brought a totally wrong party to court and is seeking to embarrass the AG in person and not the office.
Friday, April 20, 2007
An Accra Fast Track High Court will on April 26, give judgement in the case in which Kojo Hodare-Okae, a former Deputy Director of Operations of the Ghana Immigration Service (GIS), is citing two ministers for contempt.
It follows the completion of arguments by Mr. Akoto Ampaw, counsel for the applicant and Mr. Joe Ghartey, the Attorney-General and Minister of Justice who is one of the ministers cited.
Mr. Hodare-Okae initiated the contempt proceedings against the ministers because the Attorney-General (AG) as a government legal adviser had refused to comply with a court order to reinstate him.
The court presided over by Justice Paul Baffoe-Bonnie had on May 27, 2005 ordered the reinstatement of the applicant and awarded nominal damages of c30,000,000 and c30,000,000 cost in favour of Mr. Hodare-Okae but he claims that the Attorney-General had refused to comply with the court order.
Moving the motion for contempt on Wednesday, Mr. Ampaw, said willful disobedience of a court order is an established principle that the courts take seriously.
He contended that his client had made more efforts to get the matter resolved amicably without invoking the coercive powers of the court but the AG has failed to comply with the court orders.
It has always been the position of the applicant not to get into a battle with the government over the reinstatement but rather to have the matter settled amicably.”
Counsel said they filed the entry of judgement on March 3 and the certificate of judgement was served on the defendants on March 16, saying “they have always been aware of the order to reinstate the plaintiff.”
“To date, the AG has refused to take the necessary steps to ensure that the court’s order is obeyed even though he kept telling us that the matter will be resolved.”
Replying, the AG, Mr. Joe Ghartey, who represented himself told the court that “the applicant’s action is totally misconceived, misplaced and fraudulent because they have not been able to establish that have woefully disobeyed the court’s order.”
He said since a contempt suit is a quasi-criminal matter, there should have been a prima facie case against him before the applicant filed the processes.
“The order to reinstate the applicant was not made against the AG yet the applicant has filed the application as if I have disobeyed a court’s order.”
Mr Ghartey further argued that even though the applicant officially reached compulsory retirement on January 22, he filed the certificate of judgement when he had retired.
He said the State Proceedings Act of 1995 should take care of the court’s judgement against the state, saying “by his non submission, the President is incapable of reinstating him because of Article 119 of the Constitution which talks about compulsory retirement.”
“What he has done is totally misconceived. The application was directed at my person and not the office and this is in a bad faith.”
“It was done at a time when he had retired and if it is his entitlements he is talking about he should have been directed to the Accountant-General’s Department.”
When asked by Justice Baffoe Bonnie of the Court of Appeal, where the plaintiff should be placed by the President, once on retirement, Mr Ghartey said “he is being speculative and has not made any attempt to get his entitlements.”
Mr. Ghartey further asked the court to dismiss the contempt application and award punitive cost against the applicant saying “he brought a totally wrong party to court and is seeking to embarrass the AG in person and not the office.
Thursday, April 19, 2007
No evidence of Boakye's report...investigator says at cocaine trial
By William Yaw Owusu
Thursday, April 19, 2007
There is no record that Assistant Commissioner of Police (A.C.P.) Kofi Boakye officially reported his meeting with some suspected drug dealers, two of whom are on trial, to any security institution, a packed Accra Fast Track High Court heard yesterday.
A.C.P. Boakye had told the Justice Georgina Wood Committee which probed into the issue of the missing 76 parcels of cocaine on board the MV Benjamin vessel at Tema Port, last year, that he reported his meeting with the suspected drug dealers to his superiors and security authorities.
But Detective Inspector Charles Adaba, the investigator in the case of the missing cocaine, told the court that he did not find any record from the Police or the National Security about the issue.
Inspector Adaba was being cross-examined during the trial of Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass in connection with the missing cocaine.
Tagor and Abass were among the 14 people recommended for prosecution by the Georgina Wood Committee set up by the Ministry of the Interior to investigate the circumstances surrounding the loss of the cocaine and another quantity of cocaine seized from a house at East Legon in Accra in November 2005.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.
The two have pleaded not guilty to all the charges and are in prison custody.
Under cross examination by Ellis Owusu Fordjuor and Mohammed Attah, counsel for Tagor and Abass respectively, Inspector Adaba who is the seventh prosecution witness, told the court that when he took over the case, another investigator, Detective Inspector Justice Oppong had already contacted investigations into certain aspects of the case.
“For this reason I focused my investigations, on the tape which was secretly recorded by an unknown person.”
He said the accused persons admitted in their caution statements, given to Inspector Oppong as being at the meeting in A.C.P. Boakye’s residence but when he interrogated them, they did not make any admission of dealing in cocaine.
“The accused persons never told me they were dealing in narcotic drugs. Tagor did not tell me he sold a quantity of cocaine to Mama Tess and he also did not say he went to Belgium to collect proceeds of the drug, but I heard all these on the tape".
Witness told the court that the tape given to him by the Attorney-General and Minister of Justice to conduct investigations into the case was the original copy of the recordings and had not been “doctored”.
He said on the tape the accused confessed their previous drug deals and conspired to track down the person who had taken possession of the 76 parcels but when he interrogated them, they did not say so.
“Abass for instance said on the tape that he had 200 keys and my investigations revealed that the reference to keys meant cocaine and they made accusations and counter accusations.”
As to whether he extended his investigations to Manhyia Palace, Inspector Adaba told the court that Inspector Oppong had already done that and had come to the court to testify in that regard.
He said the two had denied knowledge of the missing parcels.
To another question, the witness said that it was a Circuit Court that handled the case in which the Bureau of National Investigations froze the bank accounts of Abass for money laundering and added that he had tried to locate Mama Tess but to no avail.
At this point, the presiding Appeal Court Judge, Justice Jones Dotse, adjourned proceedings until April 25, for further cross examination by another counsel, Mr. Osafo Buaben, for Abass.
Thursday, April 19, 2007
There is no record that Assistant Commissioner of Police (A.C.P.) Kofi Boakye officially reported his meeting with some suspected drug dealers, two of whom are on trial, to any security institution, a packed Accra Fast Track High Court heard yesterday.
A.C.P. Boakye had told the Justice Georgina Wood Committee which probed into the issue of the missing 76 parcels of cocaine on board the MV Benjamin vessel at Tema Port, last year, that he reported his meeting with the suspected drug dealers to his superiors and security authorities.
But Detective Inspector Charles Adaba, the investigator in the case of the missing cocaine, told the court that he did not find any record from the Police or the National Security about the issue.
Inspector Adaba was being cross-examined during the trial of Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass in connection with the missing cocaine.
Tagor and Abass were among the 14 people recommended for prosecution by the Georgina Wood Committee set up by the Ministry of the Interior to investigate the circumstances surrounding the loss of the cocaine and another quantity of cocaine seized from a house at East Legon in Accra in November 2005.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.
The two have pleaded not guilty to all the charges and are in prison custody.
Under cross examination by Ellis Owusu Fordjuor and Mohammed Attah, counsel for Tagor and Abass respectively, Inspector Adaba who is the seventh prosecution witness, told the court that when he took over the case, another investigator, Detective Inspector Justice Oppong had already contacted investigations into certain aspects of the case.
“For this reason I focused my investigations, on the tape which was secretly recorded by an unknown person.”
He said the accused persons admitted in their caution statements, given to Inspector Oppong as being at the meeting in A.C.P. Boakye’s residence but when he interrogated them, they did not make any admission of dealing in cocaine.
“The accused persons never told me they were dealing in narcotic drugs. Tagor did not tell me he sold a quantity of cocaine to Mama Tess and he also did not say he went to Belgium to collect proceeds of the drug, but I heard all these on the tape".
Witness told the court that the tape given to him by the Attorney-General and Minister of Justice to conduct investigations into the case was the original copy of the recordings and had not been “doctored”.
He said on the tape the accused confessed their previous drug deals and conspired to track down the person who had taken possession of the 76 parcels but when he interrogated them, they did not say so.
“Abass for instance said on the tape that he had 200 keys and my investigations revealed that the reference to keys meant cocaine and they made accusations and counter accusations.”
As to whether he extended his investigations to Manhyia Palace, Inspector Adaba told the court that Inspector Oppong had already done that and had come to the court to testify in that regard.
He said the two had denied knowledge of the missing parcels.
To another question, the witness said that it was a Circuit Court that handled the case in which the Bureau of National Investigations froze the bank accounts of Abass for money laundering and added that he had tried to locate Mama Tess but to no avail.
At this point, the presiding Appeal Court Judge, Justice Jones Dotse, adjourned proceedings until April 25, for further cross examination by another counsel, Mr. Osafo Buaben, for Abass.
Wednesday, April 18, 2007
Areeba case, hearing pushed to April 30
By William Yaw Owusu
Wednesday, April18, 2007
The Commercial Court in Accra has adjourned to April 30, proceedings in the case in which Richmond Aggrey, a Ghanaian businessman is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.
The court was due yesterday to hear a motion for judgement in default of defence filed by Mr. Aggrey against Areeba when Mr. Benson Nustukpui, counsel for the defendant (Areeba) told the court that they had just filed an application for extention of time to enable them to file their defence to contest the case.
Following the development, Justice Henry Kwofie, the trial judge adjourned the proceedings and awarded ¢8 million cost against Areeba for the delay.
The other defendants in the substantive suit are Investcom Consortium Holdings S.A. of Beirut, Lebanon, and Grandview Management of Texas, United States.
The court, on July 14, last year, 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 trial 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’s ruling and another motion on notice to stay proceedings pending the appeal but by Justice Kwofie dismissed it on December 8, and awarded ¢10 million cost against Areeba.
Areeba then went to the Court of Appeal to challenge the trial court’s decision and this was again dismissed by a three member panel on March 27, and awarded ¢5 million cost against the appellant.
At the trial when Mr. Nutsukpui announced that he had filed the application for extention of time, Mr. Felix Ntirakwah, counsel for Investcom also told the court that they had also filed an application for stay of proceedings pending arbitration.
Mr. Thaddeus Sory, counsel for Grandview, a co- defendant, then told the court that they had filed an interlocutory injunction to restrain the parties from any arbitral proceedings but Mr. Nutsukpui cut in to say that Grandview was no longer part of the arbitration process and they had communicated to counsel in that respect.
Mr. Sory then replied that the normal way for Areeba to react to his application was through an affidavit and not a mere submission, saying “developments in the case has shown that our application still pends”.
Eager to move the application for judgement in default, Mr. Yonnie Kulendi counsel for Mr. Aggrey told the court that what Areeba was seeking to do was an abuse of the court’s processes saying “Instead of Areeba filing its defence since the commencement of the suit they opted to challenge the jurisdiction of the trial court and the propriety of the plaintiff’s suit”.
“We filed this application for judgement in default of defence on December 8, last year, and there can be no turns up on why Areeba will wait untill today to ask for extention of time to file their defence”.
At this point, Mr. Nutsukpui then cut in to say that they had not moved the application for counsel to comment on the merits of it.
Justice Kwofie adjourned the sitting but was not happy the way the application by Areeba was brought saying “I do not like this business of applications being filed left right centre at the last hour”
The court also asked Areeba to respond to Grandview’s application for interlocutory injunction on notice.
In a related development, the court will on May 3, commence the trial of a contempt proceedings initiated by Mr. Aggrey against Investcom, Areeba and 10 others for allegedly making attempts to go to arbitration outside the country while the case in pending in the court.
The court adjourned proceedings because Justice Kwofie said he had noticed that some of the respondents were to be served outside the jurisdiction and there was no indication whether or not they had duly been served.
The missing cocaine case:Interpretor's absence stalls proceedings
By William Yaw Owusu
Tuesday, April 17,2007
The absence of a Chinese interpreter in the trial of six persons charged for the importation of 77 parcels of cocaine on board the MV Benjamin vessels yesterday compelled an Accra Fast Track High Court to adjourn proceedings until April 26.
The six men, including two Chinese “ Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49 as well as Pak Bok Sil an engineer from Korea do not speak English and the court since the commencement of the trial has relied on the services of interpreters to facilitate the process.
But when trial resumed after the Easter break, it was only the Korean interpreter who was in the court room as the Chinese counterpart was said to have traveled outside the jurisdiction.
The three Ghanaians standing trial together with the foreigners are Joseph Kojo Dawson, the vessel owner, Isaac Arhin, 49 and Phillip Bruce Arhin, 49, a mechanic.
All six men have been charged with various roles they played in the importation of the cocaine to the Tema Port in April last year.
Seventy-six of the parcels are still missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count 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 prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.
Immediately Detective Inspector Justice Oppong, the initial investigator took his seat to continue his evidence-in-chief as the ninth prosecution witness, the prosecution led by William Kpobi, a Principal State Attorney attempted to tender Li and Xing’s statements in evidence through the witness.
But Solomon Korley a counsel for the two Chinese objected to what the prosecution sought to do saying it would be difficult for him to confer with his clients on whether they gave the statements to the police.
“They confided in me that they gave statements upon their arrest but in the absence of their interpreter if is difficult for me to ask them whether the statements being tendered really came from them,” counsel added.
The court presided over by Justice Annin Yeboah of the Court of Appeal had no option but to adjourn the proceedings and ordered the Registrar of the court to get a Chinese interpreter for the court in the next sitting.
He explained that trying an accused person in the language he/she did not understand infringed the provisions of the Constitution saying “we want such people to appreciate that Ghanaian courts are there to dispense justice to all:
Tuesday, April 17,2007
The absence of a Chinese interpreter in the trial of six persons charged for the importation of 77 parcels of cocaine on board the MV Benjamin vessels yesterday compelled an Accra Fast Track High Court to adjourn proceedings until April 26.
The six men, including two Chinese “ Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49 as well as Pak Bok Sil an engineer from Korea do not speak English and the court since the commencement of the trial has relied on the services of interpreters to facilitate the process.
But when trial resumed after the Easter break, it was only the Korean interpreter who was in the court room as the Chinese counterpart was said to have traveled outside the jurisdiction.
The three Ghanaians standing trial together with the foreigners are Joseph Kojo Dawson, the vessel owner, Isaac Arhin, 49 and Phillip Bruce Arhin, 49, a mechanic.
All six men have been charged with various roles they played in the importation of the cocaine to the Tema Port in April last year.
Seventy-six of the parcels are still missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count 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 prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.
Immediately Detective Inspector Justice Oppong, the initial investigator took his seat to continue his evidence-in-chief as the ninth prosecution witness, the prosecution led by William Kpobi, a Principal State Attorney attempted to tender Li and Xing’s statements in evidence through the witness.
But Solomon Korley a counsel for the two Chinese objected to what the prosecution sought to do saying it would be difficult for him to confer with his clients on whether they gave the statements to the police.
“They confided in me that they gave statements upon their arrest but in the absence of their interpreter if is difficult for me to ask them whether the statements being tendered really came from them,” counsel added.
The court presided over by Justice Annin Yeboah of the Court of Appeal had no option but to adjourn the proceedings and ordered the Registrar of the court to get a Chinese interpreter for the court in the next sitting.
He explained that trying an accused person in the language he/she did not understand infringed the provisions of the Constitution saying “we want such people to appreciate that Ghanaian courts are there to dispense justice to all:
The Missing Cocaine Case:Wanted Baron's brother charged
By William Yaw Owusu
Wednesday,April 18,2007
An Accra Fast Track High Court will tomorrow commence the trial of Evans Charwetey Tsekobi for laundering proceeds from a narcotic drug offence.
Tsekobi, 52, a mechanic, is the brother of Asem Darke, also known as ‘Sheriff’ or ‘Limping Man,’ wanted by the police for the importation of 77 parcels of cocaine which got lost on board the MV Benjamin vessel at the Tema Port.
He has been charged under Section 12 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 (PNDC Law 236).
The particulars of offence are that on September 27, last year, Tsekobi hid a Land Cruiser belonging to his brother Sheriff in his house.
The vehicle was believed to be the one used by Sheriff when he met the policemen at the Kpone beach from where the cocaine was carted away.
The accused was said to have covered the vehicle with a tarpaulin to conceal it from the police when he knew that his brother was being wanted for crimes involving cocaine.
The vehicle was obtained as a result of the commission of the narcotic drug.
Sheriff, the most wanted man by the police in connection with the 77 parcels, allegedly chartered the MV Benjamin vessel from Dashment Company Limited to cart the cocaine from the high seas to the breakwaters of the Tema Port on April 26, last year.
Sheriff was among the 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
The court, presided over by Justice Iris May Brown of the Court of Appeal, could not take the plea of Tsekobi yesterday because his counsel was not present in court.
Wednesday,April 18,2007
An Accra Fast Track High Court will tomorrow commence the trial of Evans Charwetey Tsekobi for laundering proceeds from a narcotic drug offence.
Tsekobi, 52, a mechanic, is the brother of Asem Darke, also known as ‘Sheriff’ or ‘Limping Man,’ wanted by the police for the importation of 77 parcels of cocaine which got lost on board the MV Benjamin vessel at the Tema Port.
He has been charged under Section 12 of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 (PNDC Law 236).
The particulars of offence are that on September 27, last year, Tsekobi hid a Land Cruiser belonging to his brother Sheriff in his house.
The vehicle was believed to be the one used by Sheriff when he met the policemen at the Kpone beach from where the cocaine was carted away.
The accused was said to have covered the vehicle with a tarpaulin to conceal it from the police when he knew that his brother was being wanted for crimes involving cocaine.
The vehicle was obtained as a result of the commission of the narcotic drug.
Sheriff, the most wanted man by the police in connection with the 77 parcels, allegedly chartered the MV Benjamin vessel from Dashment Company Limited to cart the cocaine from the high seas to the breakwaters of the Tema Port on April 26, last year.
Sheriff was among the 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
The court, presided over by Justice Iris May Brown of the Court of Appeal, could not take the plea of Tsekobi yesterday because his counsel was not present in court.
Tuesday, April 10, 2007
Tagor others took the coke-Investigator suspects
By William Yaw owusu
Thursday April 5, 2007
Detective Charles Adaba, the investigator in the case in which 76 parcels of cocaine got missing from the MV Benjamin vessel, says he strongly suspects that Kwabena Amaning, alias Tagor and Alhaji Issah Abass took possession of the missing narcotic substances.
The inspector who is the Seventh Prosecution witness, also told the court that there were rumours that Assistant Commissioner of Police, (ASP) Kofi Boakye and his men went to the MV Benjamin vessel at the Tema Port to take the cocaine.
Inspector Adaba was concluding his evidence-in-chief in the case involving Kwabena Amaning, also know as Tagor and Alhaji Issah Abass in the missing of parcels from the Tema Port in April, last year.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs while Abass is charged with three counts of conspiracy, engaging in prohibited business, related
to narcotic drugs and supply of narcotic drugs.
The two have pleaded not guilty to all the charges and are in prison custody.
Tagor and Abass were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
Before the committee commenced sitting, a meeting had been held at the residence of ACP Boakye with four people, including Tagoe and Abass and that formed the basis for the establishment of the committee by the Ministry.
Led in evidence by William Kpobi, Principal State Attorney prosecuting the case, Inspector Adaba told the court that the reasons for ACP Boakye meeting Tagor and Abass and two others was to find out which of them had gone into the vessel at the Tema Port to steal the cocaine.
He told the court that at the meeting, there were accusations and counter accusations as to who had stolen the cocaine believed to have imported into the country by Asem Darke also known as Sheriff or Limping man, now at large.
“At the end of the meeting, they all conspired to track down the person who had gone into the M.V. Benjamin to steal the cocaine since according to them 76 parcels were too much for one person to enjoy alone.”
He told the court that he took a charge statement from Alhaji Abass but Tagor, on two occasions refused to give his statement.
Later in the proceedings, the tape on the secret recordings of the voices of Tagor and Abass as well as those present at the meeting to help the experts compare the voices on the original tape was played in the open court despite the prosecution’s request that it should played in camera.
The court explained that it was playing the tape, which had better sound quality than the original secret recording at ACP Boakye’s house, to ascertain whether indeed the voices were theirs.
The court, presided over by Justice Jones Dotse of the Court of Appeal, said it was not interested in the contents of the secret recording.
The case was adjourned until April 18.
Thursday April 5, 2007
Detective Charles Adaba, the investigator in the case in which 76 parcels of cocaine got missing from the MV Benjamin vessel, says he strongly suspects that Kwabena Amaning, alias Tagor and Alhaji Issah Abass took possession of the missing narcotic substances.
The inspector who is the Seventh Prosecution witness, also told the court that there were rumours that Assistant Commissioner of Police, (ASP) Kofi Boakye and his men went to the MV Benjamin vessel at the Tema Port to take the cocaine.
Inspector Adaba was concluding his evidence-in-chief in the case involving Kwabena Amaning, also know as Tagor and Alhaji Issah Abass in the missing of parcels from the Tema Port in April, last year.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs while Abass is charged with three counts of conspiracy, engaging in prohibited business, related
to narcotic drugs and supply of narcotic drugs.
The two have pleaded not guilty to all the charges and are in prison custody.
Tagor and Abass were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
Before the committee commenced sitting, a meeting had been held at the residence of ACP Boakye with four people, including Tagoe and Abass and that formed the basis for the establishment of the committee by the Ministry.
Led in evidence by William Kpobi, Principal State Attorney prosecuting the case, Inspector Adaba told the court that the reasons for ACP Boakye meeting Tagor and Abass and two others was to find out which of them had gone into the vessel at the Tema Port to steal the cocaine.
He told the court that at the meeting, there were accusations and counter accusations as to who had stolen the cocaine believed to have imported into the country by Asem Darke also known as Sheriff or Limping man, now at large.
“At the end of the meeting, they all conspired to track down the person who had gone into the M.V. Benjamin to steal the cocaine since according to them 76 parcels were too much for one person to enjoy alone.”
He told the court that he took a charge statement from Alhaji Abass but Tagor, on two occasions refused to give his statement.
Later in the proceedings, the tape on the secret recordings of the voices of Tagor and Abass as well as those present at the meeting to help the experts compare the voices on the original tape was played in the open court despite the prosecution’s request that it should played in camera.
The court explained that it was playing the tape, which had better sound quality than the original secret recording at ACP Boakye’s house, to ascertain whether indeed the voices were theirs.
The court, presided over by Justice Jones Dotse of the Court of Appeal, said it was not interested in the contents of the secret recording.
The case was adjourned until April 18.
Tuesday, April 03, 2007
Appeals Court dismisses Areeba's application
By William Yaw Owusu
Tuesday April 3, 2007
The Court of Appeal has 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 three member panel chaired by Justice J.B. Akamba, also awarded ¢5 million cost against Areeba, who is the second defendant in a substantive suit filed at the Commercial Court by Mr. Aggrey, a former Vice-Chairman of Areeba, against the appellant and two others.
Other defendants in the substantive suit are Investcom Consortium Holdings S.A. of Beirut, Lebanon, and Grandview Management of Texas, United States.
The court, on July 14, last year, 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 trial 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 but the trial court presided over by Justice Henry Kwofie dismissed it on December 8, and awarded ¢10 million cost against Areeba.
When the application was heard at the Court of Appeal, Grandview Management who is the third defendant in the substantive suit and represented by their counsel, Mr. Thaddeus Sory, come to the court to associate itself with Mr. Aggrey’s position by arguing that its co-defendant’s application (Areeba) was designed to delay the proceedings at the trial court.
Reading the court’s unanimous decision on behalf of the panel on Tuesday, Justice Marful Sau, said Investcom and Grandview who are outside the court’s jurisdiction should have complained about the precedure adopted by the trial court and not Areeba.
The panel which also included Justice Osafo Sampong held that Areeba could not show any special circumstances to enable the court to ask the Commercial Court to strike out Mr. Aggrey’s application.
Furthermore the second highest court on the land held that the appellant could not show the irretrievable damage that they would suffer if the appeal suceeds.
Meanwhile Areeba has indicated its intention to challnge the Court of Appeal’s ruling at the Supreme Court.
Unpublished Article (The case of 3 policemen in cocaine trial)
By William Yaw Owusu
Tuesday, April 3, 2007
A prosecution witness in the case of the three policemen standing trial over the missing 76 parcels of cocaine, yesterday told an Accra Fast Track High Court that, apart from the Ghana Standards Board (GSB), no other organization, body or individual has the right to import the narcotic substance into the country.
The witness, Mrs. Akua Owusua Amartey, Head of Tobacco and Substances of Abuse Department of the Food and Drugs Board FDB told the court that the board issues permit to the GSB to import the drugs for scientific and medical purposes
She was testifying before the court trying the policemen for their involvement in the disappearance of 76 parcels of the cocaine brought into the country on board by the MV Benjamin vessel.
The three, Sergeant David Nyarko, Lance Corporals Dwamena Yabson and Peter Bundorin. are said to have arrested Asem Darke, also known as Sheriff, the man wanted by the police for the importation of the cocaine, but left him off the hook after collecting an unspecified amount from him.
Another policeman, Detective Sergeant Samuel Yaw Amoah, escaped soon after he was granted bail by an Accra Circuit Court in September, last year.
The policemen, all with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Continuing her evidence, Mrs Amartey who is the ninth Prosecution Witness said neither Sheriff, Dashment Company Linited, Atico Fisheries nor the accused persons were issued with a permit to import the cocaine.
She said they companies and the accused persons did not apply to import the drugs adding that "we do not issue permits to individuals, rather it is for organizations".
She told the court presided over by Justine Annin Yaboah of the court of Appeal that Ghana imports only 10 grammes of the substance annually and that was the quota given to her by the Interntional Narcotic Control Agency of the United Nations.
PW9 told the court that in 2005 the FDB issued premit to the GSB to import 430 grammes while in 2006, they premitted them to import 920 grammes.
She said apart from narcotic substance they also issues permit for the importation of psychotropic substances and other chemicals under very strict conditions.
PW9 further told the court that apart from cocaine, the FDB can issue permit to companies for the importation of other narcotic substances.
The court adjourned proceedings until April 17.
Tuesday, April 3, 2007
A prosecution witness in the case of the three policemen standing trial over the missing 76 parcels of cocaine, yesterday told an Accra Fast Track High Court that, apart from the Ghana Standards Board (GSB), no other organization, body or individual has the right to import the narcotic substance into the country.
The witness, Mrs. Akua Owusua Amartey, Head of Tobacco and Substances of Abuse Department of the Food and Drugs Board FDB told the court that the board issues permit to the GSB to import the drugs for scientific and medical purposes
She was testifying before the court trying the policemen for their involvement in the disappearance of 76 parcels of the cocaine brought into the country on board by the MV Benjamin vessel.
The three, Sergeant David Nyarko, Lance Corporals Dwamena Yabson and Peter Bundorin. are said to have arrested Asem Darke, also known as Sheriff, the man wanted by the police for the importation of the cocaine, but left him off the hook after collecting an unspecified amount from him.
Another policeman, Detective Sergeant Samuel Yaw Amoah, escaped soon after he was granted bail by an Accra Circuit Court in September, last year.
The policemen, all with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Continuing her evidence, Mrs Amartey who is the ninth Prosecution Witness said neither Sheriff, Dashment Company Linited, Atico Fisheries nor the accused persons were issued with a permit to import the cocaine.
She said they companies and the accused persons did not apply to import the drugs adding that "we do not issue permits to individuals, rather it is for organizations".
She told the court presided over by Justine Annin Yaboah of the court of Appeal that Ghana imports only 10 grammes of the substance annually and that was the quota given to her by the Interntional Narcotic Control Agency of the United Nations.
PW9 told the court that in 2005 the FDB issued premit to the GSB to import 430 grammes while in 2006, they premitted them to import 920 grammes.
She said apart from narcotic substance they also issues permit for the importation of psychotropic substances and other chemicals under very strict conditions.
PW9 further told the court that apart from cocaine, the FDB can issue permit to companies for the importation of other narcotic substances.
The court adjourned proceedings until April 17.
Fate of GHAPOHA's casuals undecided: Appeal Court defers judgement
By William Yaw Owusu
Saturday, March 31, 2007
THE Court of Appeal will on April 20, decide whether or not to affirm a Tema High Court order to the Ghana Ports and Harbour Authority (GHAPOHA) to pay severance awards to its former casual workers numbering 4,195.
The Appeal Court could not deliver its judgment yesterday as scheduled because the panel wanted to get copies of the authorities cited by both counsel for GHAPOHA and the ex-workers.
It was the second time the court had deferred judgment in the case.
On March 23, the court could not deliver its judgment because, GHAPOHA, the appellants, had filed an additional application in response to the statement of case filed by the ex-workers.
On July 11, 2003, the retrenched workers filed the suit at the high court against GHAPOHA seeking damages for breach of the provisions of the Collective Bargaining Agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgement in favour of the ex-workers, and ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001, and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgement for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action, although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff.
“There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
Saturday, March 31, 2007
THE Court of Appeal will on April 20, decide whether or not to affirm a Tema High Court order to the Ghana Ports and Harbour Authority (GHAPOHA) to pay severance awards to its former casual workers numbering 4,195.
The Appeal Court could not deliver its judgment yesterday as scheduled because the panel wanted to get copies of the authorities cited by both counsel for GHAPOHA and the ex-workers.
It was the second time the court had deferred judgment in the case.
On March 23, the court could not deliver its judgment because, GHAPOHA, the appellants, had filed an additional application in response to the statement of case filed by the ex-workers.
On July 11, 2003, the retrenched workers filed the suit at the high court against GHAPOHA seeking damages for breach of the provisions of the Collective Bargaining Agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgement in favour of the ex-workers, and ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001, and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgement for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action, although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff.
“There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
Subscribe to:
Posts (Atom)