Tibu-Darko discharged again

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.