Thursday, May 31, 2007

NATIONAL SECURITY MINISTER SLAMS JUSTICE SYSTEM


By William Yaw Owusu

Thursday, 31 May 2007
THE Minister of National Security, Mr Francis Poku, has said the spate of instant/mob justice is an indication of lack of confidence in the country’s legal system.

"Public disappointment in the legal system as well as the perception of corruption and delays in trying suspects are some of the causes of mob or instant justice".

Mr Poku was speaking at a consultative forum on Instant/Mob Justice and National Security in Accra yesterday.

The forum which was jointly organised by the Ministries of the Interior and National Security, supported by the Legal Resources Centre, was attended by the top hierarchy of all the security agencies including the Inspector-General of Police, Mr P.K. Acheampong.

At the end of the forum, participants are expected to come out with a blue print that will be used to curb mob violence or instant justice in the country.

Commenting further, Mr Poku said, "Despite the condemnation, some people continue to indulge in instant/mob justice, and just last two days, I received a report of a suspected armed robber being lynched at Madina in Accra."

He said people had employed landguards to protect their land and other property because there was perceived lack of justice and added that "there is the case of gangsterism in the country especially. in our universities but these cannot be allowed."
Mr Poku said some officials in the security agencies especially, policemen "are administering their own kind of justice by delving into non-criminal cases."

"We should not take the law into our own hands by assuming that the laws of the country do not work."

He said the huge effort being made to ensure that rule of law prevailed in the country will be meaningless, "if we do not take steps to make the public know that the legal system is working."

"There is a steady drive of the commitment of people towards the rule of law and there is also a constant desire to reform institutions and organisations. We therefore have to demonstrate our commitment towards the rule of law," he said.

Kwaku Agyemang Manu, Deputy Minister of the Interior, said mob/instant just ice posed a threat to the current democratic dispensation, adding "the government will not condone this sort of action again."

He said once the constitution guaranteed the rights of every citizen including suspected criminals, the public should always exercise restraint and allow the law to take its own course.

The Deputy Minister said government was still taking steps to resource the security agencies to effectively combat crime and help check mob action.

Dr Ken Attafuah, a human rights activist, who gave an overview of the mob/instant justice situation said, "it is always the case that armed robbers and perpetrators of crime will not show mercy on victims.

However, he said, "we cannot live in a jungle, we can only make the law work so that perhaps rights will be respected."

He said the high rise in mob justice reflected the pervasive lawlessness in and lack of confidence in the justice system, adding that most of us are also impatient to see suspects go through the full rigours of the law."

Dr K.K. Manfo, Deputy Inspector-General of Police, said the Police Administration had made the issue of mob justice a priority and was checking policemen who go beyond their mandate in law enforcement.

Justice Georgina Wood, the President’s nominee for the position of Chief Justice who chaired the forum said "mob justice is an indictment on the whole society and we should attack this problem head on and not apportion blame."

State Closes Case In Coke Trial


By William Yaw Owusu

Thursday, 31 May 2007
The prosecution in the case involving Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass, charged with having knowledge about the missing 76 parcels of cocaine, from MV Benjamin vessel yesterday closed its case at the Fast Track High Court.

Seventy-seven parcels of cocaine were brought into the country in the vessel on April 26, last year, but 76 of the parcels got missing at the Tema Port before security agencies intercepted the vessel.

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the circumstances surrounding the disappearance of the 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 allegedly held at the residence of ACP Boakye, the then officer in-charge of Police Operations with four people, including Tagor and Abass was said to have been recorded and that formed the basis for the establishment of the committee by the Ministry.

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.

When the case was called, Edward Agyemang Duodu, a Principal State Attorney, prosecuting, said: "At the last adjourned date, we promised to bring one or two witnesses but we no longer wish to do so. We rather wish to close our case."

At this point, Mr. Ellis Owusu-Fordjuor, a defence counsel, said: "In that case, we will need an adjournment for us to decide our next line of action."

The court, presided over by Justice Jones Dotse of the Court of Appeal, consequently adjourned proceedings until June 6.

The prosecution has during the trial, called 13 witnesses including voice experts who worked on the secret tape recording.

Tagor and Abass were arrested together with three others soon after testifying before the Georgina Wood Committee on August 2, last year while full trial commenced on November 27, last year.

Wednesday, May 30, 2007

3 Policemen open defence in coke trial

By William Yaw Owusu

Wedneday May 30, 2007
The three policemen standing trial over the missing 76 parcels of cocaine yesterday opened their defence before an Accra Fast Track High Court.

The three, Sergeant David Nyarko and Lance Corporals Dwamena Yabson and Peter Bundorin, have been charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.

They were alleged to have collected undisclosed amount in US dollars from Sherriff Asem Darke, the police's most wanted man in connection with the importation of 77 parcels of the cocaine, 76 of which were offloaded at the Kpone beach near Tema by the fugitive but the policemen who saw him left him off the hook.

Another policeman, Detective Sergeant Samuel Yaw Amoah who played a leading role in the case 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 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.

Led in evidence by his counsel Musah Ahmed, Sgt. Nyarko who was the first to mount the witness' box told admitted that he saw the green land cruiser which the police suspects was used to facilitate the carting away of the 76 parcels of cocaine at the Kpone township where they had gone to effect the arrest but said he did not see the occupants.

The vehicle he said stopped 70 about metres away from where he was and he saw Amoah alight from it to tell him that he did not find any thing from the beach.

Nyarko told the court that on April 26, 2006, it was Amoah who asked him to accompany him to effect arrest of some thieves along the beach, saying "I obliged and took my AK47 and 20 rounds of ammunition and we picked a taxi to the Paradise beach where we saw two poeple including the fisherman who had brought the information".

"We then walked along the beach and in the process Amoah and the two men started juggling but I could not because I was suffering from my knee", adding "I never saw them again so I moved to a nearby road and saw Sgt. Isaac Asante, a witness and Bundorin in a taxi".

Nyarko who spoke in Twi said "from my interaction with them I got to know that they were there for the same purpose for which Amoah asked me to follow him", adding "when we got to Kpone Sgt. Asante said he was thirsty so he left us to drink water at the barracks and I did not see him again".

He said it was after some few miniutes that he saw the land cruiser GT21W from which Amoah alighted to tell him that he did not find anything at the beach, adding "when I asked Amoah about the whereabouts of the fisherman and the other man he said they were in the land cruiser".

Nyarko said he then asked Bundorin to inform the Kpone Police that they did not find any thing at the beach before he said he picked a taxi to Tema Community 1 where he called Amoah on phone to find out where he was. He said he did not see Yabson during the operation.

He said later Amoah came back with a friend he did not know and they all left in taxi to Tema New Town barracks.

Nyarko further said he was arrested 4 months after the incident and his taxi cab which he bought on July 2006, impounded by the police.

He told the court that the car was jointly owned by him and his sibblings.

He said Amoah never gave him any money and denied knowing Sheriff saying "I do not know the work he does or where he lives".

He also said he did not see any van or any whiteman during the operation and also denied the charges preferred against him.

Nyarko is expected to be cross-examined by the prosecution on June 5, after which Yabson wiill take his turn.

Tuesday, May 29, 2007

Mrs Rawlings' charge reviewed


By William Yaw Owusu

Tuesday May 29, 2007
The charges preferred against the former First Lady, Nana Konadu Agyeman Rawlings, and four others being tried for their alleged involvement in the divestiture of the Nsawam Cannery are to be reviewed.

Ms Gertrude Aikins, Acting Director of Public Prosecution told the Accra Fast Track High Court, presided over by Justice Paul Baffoe-Bonnie yesterday that the current charge sheet will be substituted on June 1 with a fresh one.

Later in an interview, with the “Times, Ms. Aikins said the prosecution was substituting the charge sheet because the old one still had the names of three other people who were initially charged with the offence but were later discharged.

She also said the prosecution will reduce the number of counts on the charge sheet.

The case could not be heard on two occasions due to power outage and the absence of the trial judge who was reported ill.

Mrs Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman, and Hanny Sherry Ayittey, Director of Carridan Development Company Limited (CDCL).

They were originally charged with Georgina Okaitey, a Director, George Mould, a Director, and Larry Adjetey, a Director/Secretary, but the Attorney-General withdrew the charges against the three under Section 59 of Act 30 of the Criminal Code.

All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

They have pleaded not guilty and are on self cognisance bail.

Mrs Rawling and her co-accused persons, except Owusu, were present in the court which was filled by sympathisers.

Owusu’s counsel told the court that they will produce medical report of their client’s condition at the next adjourned date.

For about 40 minutes whilst the accused were in court, some NDC sympathisers, mostly women who stood outside the walls of the Fast Track Courts, sang and chanted slogans in a show of solidarity with them.

MV Benjamin Vessel

By William Yaw Owusu

Tuesday May 30, 2007
The prosecution in the case of six persons, charged with the importation of 77 parcels of cocaine on board the MV Benjamin vessel, will on Friday, tender the only parcel found on board the vessel in evidence.

The exhibit, which contains 25 slabs of cocaine, each weighing one killogramme, could not be tendered in evidence through the investigator because all the parties who were to bring the cocaine to court were not present.

As a result, Mr. William Kpobi, a Principal State Attorney, prosecuting the case in the course of the evidence-in-chief investigator, Detective Inspector Charles Adaba, requested for an adjournment to enable the prosecution to bring the cocaine to court for it to be tendered. Justice Annin Yeboah of the Court of Appeal granted the request.

The 77 parcels of cocaine were brought to the Tema Port by the vessel on April 26, last year, but 76 parcel, were allegedly carted away and offloaded at the Kpone beach by Sheriff, Asem, Darke, who is on the run, and a Korean called Killer on the dawn of April 27, last year, before the security agencies got into the vessel.

The vessel owner, Joseph Kojo Dawson, is being tried together with Pak Bok Sil, an engineer from Korea, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic , Cui Xian Li, 49, engineer, and Luo Yui Xing, 49, all Chinese, for their various roles in the importation.

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.


In his evidence, Insp. Adaba told the court that Dawson had said in his statement that Sheriff chartered the vessel for 150,000 dollars on February 6, 2006 and further claimed in the statement that because Dashment Company Limited had signed a high purchase agreement with a Korean called Bae, he insisted that the vessel could not be moved without his consent.

The witness said in the agreement, Sheriff chartered the vessel to do fishing business on the high seas in Guinea, and added that “Dawson was aware of the voyage which brought the cocaine by this agreement”.

In Bok Sil’s statement, the investigator who is the 13th prosecution witness, told the court that the second accused person had admitted that he knew Killer, and added that it was killer and Bae, believed to be residing in Las Palmas, Spain, who contracted him to repair the vessel.

“Bok Sil knew the purpose for which the vessel was being repaired. He also gave huge sums of money to Isaac Arhin to buy foodsfuff and other items for the journey”.

Insp. Adaba told the court that when he visited the vessel, it had fresh paints on the sides which indicated that the crew on their journey changed the vessel’s name from Benjamin to Adede II.

Friday, May 25, 2007

Cocaine Vessel (MV Benjamin) sinking

By William Yaw Owusu

Friday May 25, 2007
An Accra Fast Track High Court has said that it cannot order the re-positioning of the MV Benjamin, the vessel which brought 77 parcels of cocaine into the country, because it has not been tendered as an exhibit before the court.

The vessel, which has been impounded by the security agencies, is currently berthed at the FOQI in the Tema Fishing Harbour, but the Attorney-General’s Department says it has information that the vessel is sinking.

Based on the information, Mr. William Kpobi, the prosecutor in the trial of Joseph Kojo Dawson, the vessel owner, and five others charged over the importation of the cocaine, filed an ex-parte application for an order to have the vessel relocated.

Moving the motion yesterday, the prosecutor told the court that apart from the vessel getting sunk, it was also posing problems for the movement of other vessels at the port.

Declining it, Justice Annin Yeboah, of the Court of Appeal who is trying the case, said “as at now, the vessel is not in evidence for me to make such orders.”

He said the application should have been filed on notice to enable Dawson, who is an interested party, to respond appropriately.

After dismissing the motion, Mr. Enock Quaye, a Company Inspector at the Registrar Generals’ Department, testified as the 12th prosecution witness in the case.

He said Atico Fisheries Company Limited which Sheriff Asem Darke the police’s most wanted man in connection with the cocaine, used to enter into an agreement with Dashment Company Limited, to get the MV Benjamin Vessel, was incorporated on November 22, 2002.

He told the court that Atico Fisheries commenced business on November 29, that year and had Nene Darke Asem Sheriff and Ken Jo-Lee as well as John Wilfred as directors and secretary of the company respectively.

Mr. Quaye told the court that since the incorporation of the company, the directors had never filed any tax returns.

He also said Evans Charwetey Tsekobi, brother of Sheriff who was discharged by another High Court on Tuesday, was not a director of the company.

Turning to Dashment Company Limited, owners of the MV Benjamin, the witness told the court that it was incorporated on August 18, 1993 and had John Kobina Dawson, Joseph Kojo Dawson as its directors.

He said the company had the same directors and one Jonathan Klutse as the shareholders adding, “they applied to go into deep sea fishing, processing and importation of fish.”

He told the court that the company submitted an unaudited account from 1994 to 1998 adding “since then they have not submitted anything again.”

The court adjourned proceedings until May 28.

Thursday, May 24, 2007

Man Charged With Stealing 2,000 Credit Cards

By William Yaw Owusu

Thursday, 24 May 2007
Bernard Essuman, 22, has since 2005, succeeded in intercepting credit cards on the internet and using them to buy goods in shops, running into millions of dollars across Canada.

By that, he has been able to abuse about 2,000 credit cards and withdrawn 591,185 Canadian dollars.

He has been arrested by the Serious Fraud Office (SFO) and arraigned before an Accra Circuit Court charged with one count of stealing.

When he appeared yesterday the court, presided over by Justice Frank Manu, did not take his plea and remanded him in police custody until June 5.

Presenting the preliminary facts, Dr. Gabriel Dzandu of the SFO, said in February, the office received intelligence report about Essuman’s activities from the Royal Canadian Mounted Police.

"Upon receipt of the report, the SFO put in place a system to track down Essuman and fortunately for us he was arrested on May 10, when he attempted to take delivery of some of the parcels."

He said Essuman’s modus operandi had been, changing his name from time to time using stolen credit cards to purchased goods for shipment to Ghana.

Essuman, according to the prosecution, told security agencies that he makes a living through the use of the internet by obtaining the stolen credit cards from Vietnam.

The prosecution said Essuman, upon receipt of the cards, purchased merchandised goods such as laptop computers, cameras, pen drives and other personal effects and linked up with his friends in Canada to ship the items to him in Ghana.

The prosecution further said Essuman used his photograph together with his brother’s name to make a passport in order to facilitate the deal.

When his home was searched, a laptop computer, a bank saving pass book and two mobile phones were found.

Wednesday, May 23, 2007

Benjilo's case : State Loses Appeal

By William Yaw Owusu

Wedneday May 23, 2007
AN Accra Fast Track High Court yesterday dismissed an application for a stay of execution pending an appeal filed by the Attorney-General’s Department to challenge the court’s decision for the release of the property of George Adu Bonsu, popularly called Benjilo.

The court, presided over by Justice Victor Ofoe, also awarded ¢5 million cost against the AG’s Department.

With this development, the plaintiffs who sued for the release of the property could go ahead to take possession.

Following Benjilo’s conviction by an Accra Tribunal in April 1997, for narcotic offences, property including houses, shops and cars believed to belong to him were seized by the state.

However, six interested parties, including boxing legend Azumah Nelson, who claimed ownership of the seized property, commenced a civil action against the Inspector-General of Police, the Narcotics Control Board and the Attorney-General and obtained a ruling on February 13, this year restoring the property to them.

The AG’s Department subsequently filed a motion for stay of execution pending appeal.

However, when the motion was to be moved on May 10, Mr William Kpobi, a Principal State Attorney, who represented the AG, told the court that there were inconsistencies in the trial on which the court based its decisions, and the AG would need an adjournment to point out those inconsistencies. the court granted the request.


In the affidavit deposed to by Marina Atuobi, State Attorney, the AG’s department said the tribunal erred in law by its refusal to grant forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.

It said the evidence adduced by the plaintiffs were not in law and on the facts. The affidavit indicated that the appeal was likely to succeed and having regard to the inconsistencies which came out during cross-examination by the defendants/applicants of the witness of the plaintiffs/ respondents, the court erred in giving judgement without giving the defendants a hearing.

It said: “Notwithstanding the defendant’s/applicant’s inability to open their defence, this court should not have been satisfied with the evidence adduced by the plaintiffs/respondents, which evidence was shown to be manifestly unreliable on cross-examination by the defendants/applicants.”

The affidavit said prior to the delivery of judgement, the defendants had filed an application for forfeiture before the Regional Tribunal against Benjilo, in respect of the property, the subject matter of the appeal.

Other parties to the civil suit are Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.

The trial court presided over by Justice Ofoe had ordered that over c1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. And c30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction.

Additionally, the court awarded c80 million to the plantiffs as damages and c50 million cost against the defendants.

In an affidavit deposed to by Marina Atuobi, State Attorney, the AG’s department said the tribunal erred in law by its refusal to grant forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.

It said the evidence adduced by the plaintiffs were not in law and on the facts. The affidavit indicated that the appeal was likely to succeed and having regard to the inconsistencies which came out during cross-examination by the defendants/applicants of the witness of the plaintiffs/ respondents, the court erred in giving judgement without giving the defendants a hearing.

It said: “Notwithstanding the defendant’s/applicant’s inability to open their defence, this court should not have been satisfied with the evidence adduced by the plaintiffs/respondents, which evidence was shown to be manifestly unreliable on cross-examination by the defendants/applicants.”

The affidavit said prior to the delivery of judgement, the defendants had filed an application for forfeiture before the Regional Tribunal against Benjilo, in respect of the property, the subject matter of the appeal.

Other parties to the civil suit are Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.

The trial court presided over by Justice Ofoe had ordered that over c1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. And c30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction.

Additionally, the court awarded c80 million to the plantiffs as damages and c50 million cost against the defendants.


Moving the motion yesterday, Mr Kpobi argued that part of the evidence given by Mrs Grace Bonsu, one of the plaintiffs, was discredited on oath saying, that “at one point she had said Benjilo had nothing to do with Benjilo Fabrics Company Limited and in another breadth, she said he had interest in the same company.”

Mr Kpobi further argued that when the trial judge in his judgement commented that the trial had given him anxious moments, it indicated a bias and the court should have declined jurisdiction.

He said the court should also have ascertained whether a prima facie case had been established against Benjilo.

But opposing the application, Yoni Kulendi, counsel for the plaintiffs, said once the rules were clear on issues of inconsistency, the applicant should be able to demonstrate to the court that the appeal had a likehood of success.

“The appeal against this court’s ruling is a dead one and is not likely to succeed,” he said.

Mr Kulendi said the application could not tell the court the special circumstances and the damage they would suffer in order to warrant a stay of execution.

“The court should be satisfied that this appeal raises a question of law and fact, but when they claim that the judge showed bias, then there is a genuine mischief on the part of the applicant, he stated.”


In its notice of appeal, the AG’s Department contended that judgEment was against the weight of evidence adduced during the trial and that the trial judge erred in awarding of the respondents/plaintiffs, special damages when they had not been specifically asked for.

In an affidavit deposed to by Marina Atuobi, State Attorney, the AG’s department said the tribunal erred in law by its refusal to grant forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.

It said the evidence adduced by the plaintiffs were not in law and on the facts.
Other parties to the civil suit are Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.

The trial court, presided over by Justice Ofoe, had 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.

Additionally, the court awarded ¢80 million to the plaintiffs as damages and ¢50 million cost against the state.

Sheriff's brother discharged

By William Yaw Owusu

Wedneday May 24, 2007
An Accra Fast Track High Court yesterday discharged Evans Charwetey Tsekobi for laundering proceeds from a narcotic drug offence after nine months in police custody.

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 in April last year.

Tsekobi was arrested in September the same year for keeping in house the land cruiser vehicle used by Sherriff to cart the 76 out of the 77 parcels of cocaine from the Kpone beach to an unknown location

The court presided over by Justice Iris May Brown of the Court of Appeal discharged Tsekobi following a Nolle Prosequi (unwilling to pursue) entered by the Attorney-Generals’ Department.

Mr William Kpobi, a Principal State Attorney moving the application to discharge Tsekobi said apart from the vehicle which was retrieved from his house at Kokompe in Kpone near Tema there was no evidence to try him.

He was 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.

He 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.

Tsekobi has already been used as a prosecution witness in the trial of the vessel owner, Joseph Kojo Dawson and five other crew including a Korean and two Chinese.

Man, 52, Charged For Illegal Banking Operations

By William Yaw Owusu

Tuesday, 22 May 2007
A former employee of Consolidated Discount House (CDH), who allegedly operated a banking business without a licence from the Bank of Ghana (BoG), has been granted ¢2 billion bail with a surety by an Accra Circuit Court.

He is to appear in court again on June 14.

Samuel Ralph Kwame Asamoah, 52, is said to have used his position at CDH to transfer ¢2,057,711.128 belonging to Kwame Acheampong Kyei, Managing Director of Gemini Life Insurance Company (GLICO), to his New Land Trust and Consultancy Limited, without the complainant’s consent.

Asamoah pleaded not guilty to two counts of undertaking a banking business without a licence and defrauding by false pretences.

Presenting the facts of the case, Assistant Superintendent of Police, George Abavelim, told the court presided over by Justice Frank Manu that in 1996, the complainant, who was investing with the CDH, drew cheques from his bankers, CDH, where the accused was his scheduled officer in charge of the investment.

The CDH in turn provided annual and biannual returns on the complainant’s investment and in the last quarter of 1998, the complainant applied to CDH to disinvest part of his funds only to realise that the investments had dwindled considerably.

Upon enquiry, complainant discovered that the accused had used his position to transfer ¢523,825,340 of his investment into New Land Trust and Consultancy Limited where he is the Managing Director.

The accused, on his arrest, allegedly said he had established the private company and had transferred part of the complainant’s investments into it.

Prosecution said the accused also made representations to the complainant that his company had the prospect of yielding higher returns on the investment than CDH that by September 2003, the investment was ¢2,057, 711,128.

When the complainant attempted to have his money returned to him, the accused issued a cheque for ¢1 billion but stopped the transaction before it was due.

The prosecution said all efforts by the complainant to get the accused pay the funds yielded no positive results.

Sheriff's brother testifies in coke case (Unpublished Article)

By William Yaw Owusu

Tuesday May 22, 2007
Evans Charwetey Tsekobi, brother of Sheriff Asem Darke, the main person behind the importation of 77 parcels of cocaine into the country yesterday confirmed that the fugitive packed his land cruiser in his house at Kpone near Tema after the importation.

He however said he was not present when his brother came to pack the vehicle which the police suspect Sheriff used to cart the cocaine from the Kpone beach in his house.

Tsekobi who is the 10th prosecution witness was testifying before an Accra Fast Track High Court where six persons are being tried for the importation of 77 parcels of cocaine on board the MV Benjamin vessel at the Tema Port.

The 77 parcels of cocine was brought into the country by the vessel on April 26, last year but 76 parcel were allegedly carted away and offloaded at the Kpone beach by Sheriff and another Korean called Killer on the dawn of April 27, last year before the security agencies got into the vessel.

The vessel owner Joseph Kojo Dawson is being tried together with Pak Bok Sil an engineer from Korea, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic , Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49, all Chinese, for their various roles in the importation.

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.

Led in evidence by William Kpobi, a Principal State Attorney, Tsekobi told the court that he had been in police custody since September last year for keeping his brothers' vehicle in his house.

The prosecution then tendered the charter agreement between Sheriff and the vessel's management through Tsekobi because on that agreement the witness' name was used as Managing Director of Atico Fisheries in the deal.

Cross-examined by D.K. Ameley, Tsekobi who is an auto-mechanic said he is not the Managing Director of Atico Fisheries and also does not know if Sheriff runs a company called Atic Fisheries.

'I do not know Sheriff's business schedule.I also do not live with him'.

Also in the witness' box was Chief Superintendent Alhaji Bukari Yakubu, a document examiner at the Police Forensic Science Laboratory who did the verification of veseel's movement card as well as the statements of the accused persons.

He told the court that the handwritings and signatures on the vessel's movement card and those on the stement were that of Isaac Arhin.

The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until May 24.

Monday, May 21, 2007

Legon Student On ¢300 Million Bail

By William Yaw Owusu

Saturday, 19 May 2007
Benjamin Akyena Brentuo, President of the Junior Common Room, University of Ghana, who is charged with threatening to kill the university’s Vice-Chancellor and others, was yesterday granted c300 million bail with two sureties by an Accra circuit court.

Additionally, the court, presided over by Justice Frank Manu, who is also the Greater Accra Regional Tribunal chairman, ordered Brentuo to report to the police every Monday until the court’s next sitting on May 31.

Assistant Superintendent of Police George Abavelim, prosecuting, requested to substitute the charge sheet to prefer fresh charges against Brentuo.

Following the substitution, Brentuo was charged with five counts of threat of death, to which he pleaded not guilty.

Moving the application for bail, Solomon Korli, counsel for Brentuo, said the police "fraudulently" obtained the bench warrant used to arrest and detain the accused person.

"The matter was not before the court and a bench warrant could not have been issued. This is a second degree felony and the accused person should not have been remanded on his first appearance," he argued.

The prosecution did not oppose the application for bail but Mr. Abavelim urged the court to give substantial bail conditions.

On Brentuo’s first appearance on May 11, the court remanded him because the prosecution had submitted that they were still investigating the matter.

As usual, busloads of university students thronged the court premises to show solidarity for their colleague and the anti-riot police had it tough controlling them.

The prosecution said that on April 26, there was a publication in the Ghanaian Times, under the headline; "Group issues death threat, Legon Lecturers live in danger".

Police commenced an investigation into the case of the threat of death tagged: "Operation BHABOTOLD" from the Militant African Youth Against Neo Colonialism (MAYAN) with headquarters in Accra.

The threat was against the proposed ‘In-Out-Out-Out’ residential policy to be implemented by the university from the next semester.

The prosecution said intelligence gathered revealed that occupants of Room F7 produced the threat message.

On April 27, the police, armed with a search warrant, proceeded to Commonwealth Hall, Legon, and in the presence of the hall authorities, searched room number F7.

They retrieved one compaq systems unit, and IBM monitor, one Compaq keyboard and its accessories, a pen drive, 22 compact disc and assorted documents.

The hall authorities told the police that the room was illegally occupied by the accused

Friday, May 18, 2007

Boakye tape not doctored-Expert

By William Yaw Owusu

Friday May 18, 2007
Another independent expert who worked on the secret tape recorded conversation between ACP Kofi Boakye, former Director of Police Operations, and some suspected narcotic drug dealers, has said it is unlikely that any of the participants recorded the conversation.

Phillip Thomas Harrison, a forensic consultant with speciality in the analysis of digital and magnetic recordings, told an Accra Fast Track High Court yesterday that upon examination it was established that the conversation was originally recorded on a microcassette analogue recorder before it was subsequently copied unto a Compact Disc (CD).

He was testifying at the trial of Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass, whose voices were said to be part of recording by an unknown person at ACP Boakye’s residence on May 15, last year.

Tagoe and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate the missing 77 parcels of cocaine from the MV Benjamin vessel at the Tema Port in April, last year and another quantity seized at a house at East Legon in Accra last November.

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

The two have pleaded not guilty and are in prison custody.

Led in evidence by Edward Agyeman Duodu, a Principal State Attorney. Mr. Harrison who is the 10th prosecution witness, told the packed court that as the officer in charge of the authenticity examination, he found no evidence of the conversation being edited or tampered with.

He said he detected that there were two sections on the DC, adding “the first part lasted 14 seconds before the recording was stopped and switched on for the main conversation to begin.”

He further told the court that during the entire conversation, there was no evidence of switching activities even though the recording had the hallmark of interruptions, repetitions and others.

Crossed-examined by Nana Asante Bediatuo, counsel for Tagor, the witness said that there was no conversation of the World Cup on the recording and added that the participants had spoken in the natural voices.

“Natural speech is different from play-acting and this can easily be detected if there is any on the recording.”

He attributed the stoppages on the tape to a natural occurrence saying, “there is a strong line of acoustic continuation and this cannot suggest that the tope has been edited or tampered with”.

When Mr. Osafo Buaben, counsel for Abass took his turn, the witness said “I am not sure the switch off and on came from any of the participants.”

Earlier Professor John Peter French, the leader of the team of experts had concluded his evidence.

During cross-examination by Mr. Ellis Owusu-Fordjuor, lead counsel for Tagor, Prof. French told the packed court that he received the copy from the prosecution on October 30, last year and completed his work on March 16, this year.

He said the prosecution told him of the source of the tape recording and added that what he worked on was not the original copy, “It had been transferred from another gadget.”

Witness further said the names of the participants on the tape were mentioned to him by the prosecution when they submitted the CD player and also added that there was an unidentified voice but they were unable to attribute it to anyone.

He explained that if lots of people are conversing, it could create a new sound and that might have been the unidentified voice on the tape, saying “the acoustic conditions determine who is talking.”

Witness also said that if there were incomplete statements, it was difficult to make attributions “as the transcript could show.”

“I asked for a second voice sample to compare with the voices on the original tape and if they had taken those voices from the participants under duress, we would not have been able to use it.”

He admitted that part of the conversation was inaudible but said, “they were not edited and added that there was no indication that the participants were coerced to talk.

He said it was Dr. Kofi Agyekum, a lecturer in Linguistics at the University of Ghana, Legon who assisted them in the translation of the Twi and added that they followed proper procedures to arrive at the conclusion.

When Gabriel Asare Otchere-Darko, additional counsel for Tagor took his turn, Professor French told the court that what they did was a “perfect transcript of the conversation” and added, “the conversation was not stage-managed or play acted.”

“We exercised a very high degree of caution in attributing the words to the participants and I do not see my work as verifying or supplementing the work of the police. My job was just to attribute the utterances.”

When cross-examined by Mohammed Attah, counsel for Abass, Professor French told the court, presided over by Justice Jone Dotse of the Court of Appeal that he did not get the original copy of the recorded conversation.

He said: “Although we prefer original copies, there are no dangers if we use copies other than the original.”

Sitting continues on May 22.

Thursday, May 17, 2007

Drama in court: ACP Boakye's Tape Disputed

By William Yaw Owusu

Wedneday May 16, 2007
CONTROVERSY erupted yesterday at the Accra Fast Track High Court during the testimony of an independent voice expert who worked on the secret tape recorded conversation between ACP Kofi Boakye and some suspected narcotic drug dealers.

It all began when Edward Agyemang Duodu, a Principal State Attorney, prosecuting the case wanted Professor John Peter French, an independent forensic scientist with specialty in speech analysis, to ascertain whether a compact disc (CD) player with the voices of the participants which has already been tendered in evidence, was the same one that the prosecution forwarded to London, for analysis.

“My Lord this CD is not the one that I examined although it has the same markings,” the professor told the packed court.

This was at the trial of Kwabena Amaning, also known as Tagor and Alhaji Issah Abass, whose voices were allegedly part of those whose voices were recorded by an unknown person at ACP Boakye’s residence and who have been charged for having knowledge of 76 parcels of cocaine that got missing from the MV Benjamin Vessel at Tema Port in April last year.

He said when J.P. French and Associates, the laboratory which did the analysis received the tape they photographed the CD and saved the picture on their computer.

Professor French told the court that the CD they received from the prosecution had a capacity of 700 megabytes but the one that he was being asked to identify had 650 megabytes, adding that “the handwriting on this exhibit is quite bold.”

Counsel for Tagor Ellis Owusu Fordjour however objected to the playing of the tape to enable Professor French to identify the voices.

“This is the CD that they worked on. From the Professor’s evidence it is clear that he never worked on the tape in evidence. They examined 700 mgbt. CD and not 650.

“The tape they worked on is not in court. If they play it now, it will not be a scientific analysis but a guess work,” counsel contended.

Principal State Attorney Edward Agyemang Duodu insisted that “the CD has already been tendered and we have already indicated to the court that the witness could make the voice identification by either listening to it or examining it physically.”

The court presided over by Justice Jones Dotse of the Court of Appeal overruled defence counsel’s objection saying
although the witness had said the CD was not what he examined, the same witness had also stated that he could identify it through the playing of the CD and should be given the chance to do so.

The CD was then played to the hearing of the court and it took one hour, two minutes and 34 seconds to complete it.

The court again listened to two tapes which Professor French requested the prosecution to submit to enable them compare the voices on the original tape recorded in ACP Boakye’s residence.

Prof. French identified the two voices as those of Tagor and Abass.

Earlier in his testimony Professor French recounted how he came into contact with the prosecution to work on the tape and his work experience.

He said he had been called about 200 times to testify in court cases most of which were similar to the case in question in different countries.

He mentioned prominent trials such as that of Slobodan Milosevic, former President of Yugoslavia and Geneva Prestic which was heard in the Hague, Netherlands, Leonard Kucmak of Ukraine among others as some of the cases in which he testified.

Professor French said he met Mr Joe Ghartey, the Attorney-General (AG) and Minister of Justice in London on September 5, last year who gave him oral instructions as to what to do.

He said the AG. asked him to compare and identify the voices, examine them and see whether the tape had been tampered with or edited.

Professor French said initially they got two transcripts from Radio Gold and the Georgina Wood Committee but because the conversation was partly done in Twi, he contacted the School of Oriental Studies at the University of London and other universities but could not get a Twi expert.

“Finally Dr. Kofi Agyekum was contacted to help translate the Twi words. We also asked them to get us the natural voices of all the participants which they did.”

The court after hearing the tape stood the case down to enable the judge to sit at the Court of Appeal.

Hearing was expected to continue at 2:30 pm yesterday.

8 Policemen charged for dealing in cocaine

By William Yaw Owusu

Wednesday May 16,2007
Eight out of the nine policemen interdicted by the Police Administration last month for allegedly dealing in cocaine were arraigned before an Accra circuit court yesterday.

They include Ekow Russel, George Akoi, Isaac Anang, Dominic Amezah and Anthony Agyei, all lance corporals.

The rest are Constable Collins Ohemang, Inspector Oppong Kyei and Sergeant Francis Arthur, all of the Accra Regional Police Command.

On April 29, the Police Administration interdicted nine policemen, including Detective Inspector Justice Nana Oppong, pending investigations into their alleged involvement in another cocaine scandal.

In the dock with them is Maxwell Antwi, a car dealer who the prosecution believes was supplied with the narcotic drugs by the policemen.

Antwi has been charged with possession of narcotic drugs without lawful authority, while Russel was charged with supplying narcotic drugs.

Akoi, Anang, Amezah, Agyei, Ohemeng, Kyei and Arthur are charged with abetment of crime in prohibited business relating to narcotic drugs.

All the accused persons have pleaded not guilty.

Kyei and Arthur have been granted ¢300 million bail with one surety each to be justified but the rest are in police custody.

Prosecuting, Deputy Superintendent of Police, DSP Kofi Abraham told the court, presided over by Justice Frank Manu that on March 27, the Criminal Investigations Department (CID) arrested Antwi in Accra with cocaine and during interrogation, he mentioned Russel as his source of supply.

When Russel was picked, he admitted in his caution statement that he intercepted the cocaine from a Nigerian called Sebastian Uba in Tema on January 15 together with Annang, Amezah Adjei and Ohemeng.

Investigations later revealed that the accused seized eight slabs of cocaine from the Nigerian but declared only one slab at the Regional CID when they were making preferring charges against Uba. It was later found out that Mr. Abraham said on January 31, Uba mysteriously escaped while under escort by Russel from the La Police Station to the headquarters.

Investigations further revealed that the seven slabs of cocaine were given to Antwi to sell.

The prosecutor said that 6,000 dollars from the proceeds was given to Kyei, the Station Master to share among the accused persons.

Hearing was adjourned to May 29.

At the same court, two other policemen from the Rapid Response Unit appeared on charges of stealing cocaine valued at 54,000 dollars.

They were Lance Corporals Samuel Bismark Osae and Frank Acquah, whose plea was not taken.

The court remanded them into police custody until June 1.

The prosecution told the court that Osae and Acquah intercepted four slabs of cocaine on April 15 at Fadama in Accra but stole three slabs.

He said the two reported that they had chanced on some suspected drug dealers at North Kaneshie who fled and left behind one slabs of cocaine.

But the CID had contrary information on April 25 that the two entered the house of one Michael Tettey Tetteh at Fadama, arrested him and two women and seized four slabs of cocaine from the house.

Osae and Acquah were picked up on May 3 and in their statements they said they had one parcel at Fadama and not at North Kaneshie

Court orders arrest of Kumasi businessman

By William Yaw Owusu

Wednesday May 16, 2007
THE Commercial Court in Accra has issued a warrant for the arrest of Gazy Fattal Dakmak, a Lebanese for allegedly absconding with about 463 million belonging to Microcel Limited.

This follows the grant of an ex-parte application by the court, presided over by Justice Henry Kwofie, in the case in which Microcel Limited has sued Dakmak together with his father, Bassam Gazy Dakmak, to recover the 463 million from the two.

Moving the application for a warrant to arrest the absconded Dakmak. Mr Yonny Kulendi, counsel for Microcel, said on April 24, Dakmak purchased from Microcell, Areeba recharge units worth 86 million and scratch cards worth 63 million for which he issued two cheques to be drawn at the Zenith Bank branch in Kumasi

On April 26, Dakmak again collected recharge scratch cards worth 30 million and presented another cheque to be paid into the account of the plaintiff in the same bank in Kumasi.

When the plaintiff presented the cheques at the bank, they were dishonoured. He then notified Dakmak who claimed his account had mistakenly been overdrawn at the time the cheques were withdrawn.

Dakmak told the plaintiff to present the cheques again because he had rectified the problem but when the plaintiffs presented them the second time, they were dishonoured.

Although the debt was yet to be paid, Dakmak on April 30, succeeded in collecting another ¢8.6 million worth Areeba electronic recharge unit with a promise to pay cash because he claimed he had run out of products.

Dakmak was also able to go behind the complainant to collect and their ¢130 million worth of Areeba electronic units and ¢144 million worth of scratch cards from the plaintiff’s Sale Manager.

When the Sales Manager asked another person to accompany Dakmak to his shop to collect t he money, he diverted his course and left the emissary stranded and quickly called the plaintiff to say that he was in the bank making effort s to cash all the money to him.

On May 4, Dakmak’s father called on the plaintiff and in the presence of some mutual friends, said he had taken the responsibility to ensure that the debt was paid and this was agreed by the plaintiff.

Mr Kulend said that after several efforts, the two defendants had still not paid the debt adding “the plaintiff has now found out that Fattal Dakmak, aided by Gazy Dakmak, has similarly appropriated goods and huge sums of money from other suppliers who are also hunting for Dakmak.”

Sunday, May 13, 2007

SSNIT sued over attempts to sell La Palm Hotel

By William Yaw Owusu

Saturday May 12, 2007
THE Social Security and National Insurance Trust (SSNIT) has been sued over its decision to sell the La Palm Royal Beach Hotel, one of Ghana’s most prestigious hotels.

The SSNIT instituted measures last year to sell the hotel for defaulting on payment of a five-million dollar loan facility it guaranteed the hotel in February, 1999.

But its partners, Rexol International, which holds 30 per cent shares in Golden Beach Hotels, owners of La Palm, has filed an application to stop SSNIT from going ahead with the sale.

Hearing of the case began before an Accra Fast Track Court on Friday.

Rexol are seeking among other reliefs a perpetual injunction to restrain SSNIT from “carrying out the purported judicial sale of La Palm Royal Beach Hotel,” and another declaration that “the recovery of the amount of 8,649,937.53 dollars from La Palm Royal Beach Hotel or in the alternative the judicial sale of the hotel by SSNIT contrary to guarantee agreement executed between SSNIT and La Palm Beach Hotel on February 25, 1999.”

Rexol further wanted a declaration that “the purported mortgage deed and fixed charge executed between SSNIT and La Palm Beach Hotel is in breach of the memorandum of deposit of title deeds executed between SSNIT and La Palm Beach Hotel on February 25, 1999.

Furthermore, they seek “to set aside the purported deed of mortgage and fixed charge executed between SSNIT and La Palm Beach Hotel in December 22, 1999.”

Rexol also pray another declaration “by virtue of the joint venture agreement and the contract of indemnity executed in 1999, that all debts of La Palm Beach Hotel including the loan of 5.5 million dollars from Merchant Bank be differed transferred, and absolved by Golden Beach Hotels.”

In its statement of claims filed on June 14, last year, Rexol, argued that they were a limited liability company duly incorporated under the laws of Gibraltar and hold 30 per cent shares in Golden Beach Hotels (Ghana) Limited which is incorporated in Ghana.

They claimed owing 100 per cent shares in La Palm Beach Hotel and would not be able to commence this action while SSNIT hold 70 per cent shares in Golden Beach Hotels on behalf of the workers of Ghana.

The statement of claim said on February 25, 1999, SSNIT and La Palm Beach Hotel entered into a guaranteed agreement by which SSNIT was to guarantee a bridging loan facility obtained by La Palm Hotel from the Merchant Bank to enable the hotel to complete phase one of its development.

“It was further agreed that under the said guarantee agreement, the loan facility would be discharged and/or repaid by either La Palm Beach Hotel Limited or a refinancing package to be obtained by the joint ventureship, being Golden Beach Hotels (Ghana) Limited,” the statement said.

The Plaintiffs claimed that in December 1999, La Palm Beach Limited liquidated all out-standing debts it owed Merchant Bank Ghana Limited adding, this, SSNIT and La Palm Beach Hotel purported in December 22, 1999 to execute a deed of mortgage and deed of legal charge but they are all void.”

Rexol said although the documents or deeds were executed by Isaac Nantwi Kankam, now deceased, who purported to be the Managing Director of La Palm in 1999, “it shall prove to the court that it had already transferred all its shares in La Palm Beach to Golden Beach at the time the execution was done.”

Plaintiffs argued that as a member of Golden Beach Hotels, it was its right to protect all activities of the group including its subsidiaries such as La Palm Beach Hotel and any sale of the hotel would adversely affect its investment.

But, SSNIT in response, contended that Rexol “has no reasonable cause of action against the defendant and is not entitled to the reliefs being sought.

The SSNIT argued that La Palm Beach Hotel “has a distinct legal existence, rights and capacity to conclude transactions, incur liabilities and obligations and to prosecutor or defend its rights and liabilities without interference from parties on the basic of distant corporate relationships.”

The Trust further argued that Rexol is neither a member nor any officer of La Palm Beach and therefore “cannot intermeddle in proceedings involving the enforcement of a liability against La Palm Beach Hotel Limited.”

It said among other things that the La Palm Beach Limited and SSNIT expressly agreed that SSNIT is entitled without prejudice to any other option available incurred by La Palm Beach Limited by reason of a default.

The Golden Beach Hotel Limited and La Palm, the Trust noted defaulted in the repayment of their loans even though demand notices were on November 24, 1999 served on them by Merchant Bank and the bank writing to SSNIT in December 6, 1999, to demand payment of the outstanding debt of 5.5 million dollars in satisfaction of the guarantee.

The court presided over by Justice E.K. Ayebi, has adjourned proceedings until May 22 for Rexol to continue with their evidence.

Friday, May 11, 2007

Government challenges Benjilo ruling

By William Yaw Owusu

Friday May 11, 2007
An Accra Fast Track High Court yesterday commenced the hearing of an application by the Attorney General’s Department seeking to overturn the court’s decision for the release of property seized from George Adu Bonsu, popularly called Benjilo.

Following Benjilo’s conviction by an Accra tribunal in April 1997, property including houses, shops and cars believed to belong to him were seized by the state.

However, six interested parties, including boxing legend Azumah Nelson who claimed ownership of the seized property commenced civil action against the Inspector General of Police (IGP), the Narcotics Control Board (NACOB) and the Attorney General and obtained a ruling on February 13, 2007 restoring the property to them.

The AG’s department subsequently filed a motion for stay of execution pending the appeal.

However, when the motion for stay of execution was to be moved, yesterday,
Mr William Kpobi, Principal State Attorney, representing the AG told the court that there were inconsistencies in the trial on which the court made its decision.

Asked by the presiding judge, Mr Justice Victor Ofoe to point out the inconsistencies, Mr. Kpobi said he needed the record of proceedings to be able to do that.

But Yonny Kulendi, counsel for the plaintiffs said, “At this stage of the trial the applicant does not necessarily need to have the benefit of the record of proceedings itself but rather they must be able to demonstrate from the judgement where the inconsistencies are.”

Justice Ofoe granted the AG’s request saying the proceedings are already available and adjourned the case until May 22.

In its notice of appeal the AG’s department contends that judgement was against the weight of evidence adduced during the trial and that the trial judge erred in awarding to the respondents/plaintiffs special damages when they had not been specifically asked for.

In an affidavit deposed to by Marina Atuobi, State Attorney, the AG’s department said the tribunal erred in law by its refusal to grant forfeiture orders on the grounds that there was a civil case involving the same property pending at the Fast Track High Court.

It said the evidence adduced by the plaintiffs were not in law and on the facts. The affidavit indicated that the appeal was likely to succeed and having regard to the inconsistencies which came out during cross-examination by the defendants/applicants of the witness of the plaintiffs/ respondents, the court erred in giving judgement without giving the defendants a hearing.

It said: “Notwithstanding the defendant’s/applicant’s inability to open their defence, this court should not have been satisfied with the evidence adduced by the plaintiffs/respondents, which evidence was shown to be manifestly unreliable on cross-examination by the defendants/applicants.”

The affidavit said prior to the delivery of judgement, the defendants had filed an application for forfeiture before the Regional Tribunal against Benjilo, in respect of the property, the subject matter of the appeal.

Other parties to the civil suit are Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.

The trial court presided over by Justice Ofoe had ordered that over c1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. And c30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction.

Additionally, the court awarded c80 million to the plantiffs as damages and c50 million cost against the defendants.

MV Benjamin vessel crew case (Dawson and others)

By William Yaw Owusu

Thursday May 10 2007
THE initial investigator in the case of six persons charged for the importation of 77 parcels of cocaine on board the MV Benjamin vessel says the security agencies arrested the driver of Asem Darke, popularly called Sheriff, the police’s most wanted man, but asked him to go because they could pick up the figitive.

Police Detective Inspector Justice Oppong, yesterday told the Accra Fast Track High Court trying the case that Joseph Kojo Rawson, the vessel owner, also on trial had said in his caution statement that he lured Sheriff’s driver to the arresting officers led by the Narcotic Control Board (NACOB) in Tema but the officers said they were capable of arresting Sheriff without the assistance of the driver.

“When the NACOB officials picked me, I called Sheriff to inform him that the vessel had incurred debt at the Tema Port and he was to defray it immediately but instead, Sheriff sent his driver with 1,200 dollars to come and settle it and the driver was arrested”, Detective Oppong quoted Dawson as saying in his statement.

Dawson is being tried together with Pak Bok Sil an engineer from Korea, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic , Cui Xian Li, 49; a vessel engineer and Luo Yui Xing, 49, all Chinese.

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.

Cross examined by D.K.Ameley, counsel for Dawson, Inspector Oppong, told the court that the charter agreement was in January last year between a Korean called Bae who is the initial owner of the vessel, Dawson and Sherriff and it was witnessed by Sheriff’s lawyer called Owuo of Beechem Chambers.

He said he did not know if Dashment Company in which Dawson is the Managing Director had bought MV Benjamin on a higher purchase and added that Dawson in his statement had said there was a time when Bae told him that a Ghanaian called Sheriff had expressed interest in getting the vessel to tow his from the high seas in Guinea.

He further told the court that he did not know the person who had crew the vessel but said he was awere that it was Isaac Arhin who brought Philip Arhin into the vessel adding that it he was also awere that it was a Korean called Killer also wanted in the case who brought sullies to the vessel saying “I do not know if Dawson was involved in the arrangement”.

Inspector Oppong said in a cross-examination by James Agalga, counsel for Bok Sil that it was Bae who contacted Bok Sil to repair the vessel.

Earlier in his evidence-in chief led by Mrs. Yvonne Atakorah Obuobisah, the investigator said Li in his caution statement had said that they sailed to the high seas on April 7, last year and was not told what they were giong to do.

Li said in his statement that while on the high seas a bigger vessel came close to theirs and the people who looked like Ghanaians offloaded some cartons into the vessel before they returned to Tema where two smaller boat came at night to offload the parcels and went away with the Captain and the Chief Engineer.

In Xing’s statement the Detective said he admitted being on the vessel as a cook but claimed he did not see what transpired on the high seas.

Inspector Oppong said he retrived Sheriif’s land cruiser vehicle at Kpone Kokompe where the it had been disguised and also got the Daewoo saloon car used by Killer.

The court preseded over by Justice Annin Yeboah of the Court of Appeal adjourned until May 16, for Osei Owusu and Solomon Korley, counsel for the Arhins and the Chinese respectively to cross examined the witness.

Thursday, May 10, 2007

Prosecution concludes case in cocaine trial

By William Yaw Owusu

Thursday May 10 2007
The prosecution in the case of three policemen standing trial over the missing 76 parcels of cocaine yesterday closed their case before an Accra Fast Track High Court.

The three, Sergeant David Nyarko and Lance Corporals Dwamena Yabson and Peter Bundorin, have been 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 counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.

They are currently in police custody.

When the case was called, Mrs Stella Badu, a Senior State Attorney said “we wish to close our case” and Musah Ahmed, counsel for the three policemen replied that “may we be given four weeks to be able to open our defence”.

The court presided over by Justice Annin Yeboah of the Court of Appeal then said “a prima facie case has been established against the the accused persons and they are hereby orderd to open their defence”.

The case was then adjourned until May 23.

Individuals not permitted to import cocaine

By William Yaw Owusu

Thursday May 10,2007
Reverend Jonathan Yaw Martey, Head of Quality Control Laboratory of the Food and Drugs Board (FDB) yesterday testified in the case involving Kwabena Amaning also known as Tagor and Alhaji Abass in the loss of 76 parcels of cocaine from the MV Benjamin vessel at 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 drug.

The two have pleaded not guilty to all the charges and are in prison custody.

Tagor and Abass were among 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.

An alleged meeting at the residence of ACP Boakye, the then Director of Police Operations, with four people including Tagor and Abass, formed the basis for the setting of the committee by the Ministry.

Led in evidence by Ms. Gertrude Aikins, the Acting Director of Public Prosecutions (DPP), Rev. Martey told the court that individuals are not allowed to import cacaine and other narcotic substances into the country saying “the only body that is permitted under the law to import cocaine in the Ghana Standards Board (GSB)”.

He said the quota given to Ghana by the Intenational Narcotics Control Agency of the United Nations is 10 grmmes per annum adding that “ the GSB imported only 0.92 grammes in two instalments for analysis in the whole of last year”.

He told the court that it is the FDB which is mandated by law to regulate the importation and manufacture of narcotic drugs in the country and added that he did the Tagor and Abass had not applied to them to import cocaine into the country.

He said during cross-examination by Ellis Owusu Fordjuor and Mohammed Atta, counsel for Tagor and Abass respectively that there was no occasion where a sample of cocaine sent for analysis had tested negetive.

The court presided over by Justice Jones Dotse of the Court of Appeal arjourned proceedings until May15.

Former First Lady and others case adjourned again

By William Yaw Owusu

Tuesday May 8. 2007
For the second time, the case of former First Lady Nana Konadu Agyeman Rawlings, and four others being tried for their alleged involvement in the divestiture of the Nsawam Cannery could not be heard.

This time around, the case could not proceed because the trial judge, Justice Paul Baffoe-Bonnie of the Court of Appeal, was said to be indisposed.

On Wedneday March 28, when the case resumed after a long adjournment, it was the new power rationing arrangement that halted proceedings as the Fast Track High Court which is trying the case uses computers to record proceedings

The case could not proceed on that day because the High Street area where the Fast Track High Courts are located were in the morning category which suffered power outage from 6 am to 6 pm.

Mrs Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman, and Hanny Sherry Ayittey, Director of Carridan Development Company Limited (CDCL).

They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary, but the Attorney-General withdrew the charges against the three under Section 59 of Act 30 of the Criminal Code.

All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by fabre statement.

They have pleaded not guilty and have been granted self recognisance bail.

At the court’s premises yesterday it was only Agbodo and Peprah who were sighted.

A court clerk later told this reporter that counsel for the accused persons and the prosecutors from the Attorney General’s Department will meet to agree on a date and communicate it to the court later.

Wednesday, May 09, 2007

Court Declines To Set Aside Decision On Areeba



By William Yaw Owusu

Wednesday, 09 May 2007
The Commercial Court in Accra, has said it will not set aside its decision to enter interlocutory judgement in default of a defence against Investcom Consortium Holdings S.A , majority shareholders of Scancom Limited, operators of Areeba mobile phone service.

The court, presided over by Justice Cecilia H. Sowah took the decision on April 2 in favour of David Andreas Hesse, the lawyer who has sued the company and one other for breach of a shareholders’ agreement.

Following the decision, Investcom filed a motion on notice on April 13, to ask the court to set aside its judgement but this was dismissed by Justice Sowah, who also awarded ¢5 million cost against the applicant.

Additionally, the court stayed proceedings on the assessment of damages against Investcom for Mr. Hesse "to proceed with his action against Areeba" who are also cited in the suit.

On November 29, 2006, Mr. Hesse sued Investcom and Areeba seeking, among other things, an order to reverse an alleged capital increase and dilution of his shares from six to two per cent and the transfer of the shares from him to Investcom.

The plaintiff who is handling his own case, also wants an order to restore his six per cent shares in Areeba, a perpetual injunction restraining Areeba from removing him as a director, as well as an order for the parties to go into account to determine the amount of dividends due him on his shares.

Mr Hesse again filed a motion for an interlocutory injunction to restrain Areeba from convening an extraordinary meeting to remove him as director of Areeba, pending the determination of the suit but it was dismissed by the court.

Moving the motion to set aside the court’s decision, Investcom held that "having regards to the plaintiff’s claims and the nature of Areeba’s defence which substantially covers Investcom, the court ought not to have ordered judgement in default of a defence against Investcom.

"The reason why Investcom has not filed its defence is that it would prejudice its case and also amount to taking a fresh step in the action having regard to the fact that Investcom is seeking to enforce an arbitration agreement between the parties," it argued.

Responding, Mr. Hesse said the application by Investcom was "frivolous and vexatious," adding "it did not disclose sufficient reason why the court should exercise its discretion in favour of Investcom as far as the setting aside of the interlocutory judgement in default of a defence was concerned."

He said some of the depositions in Investcom’s application showed that the defendant had no intention of filing its statement of defence either now or soon for the case to proceed, and added that "some of its depositions are intended to intimidate, scandalise and to bring this court and its proceedings into disrepute."

Dismissing the application, the court said no new issue was raised in the application by Investcom to set aside the order, adding "on the contrary the argument reiterated for Investcom sustains the basis on which judgement was entered.

"If a defendant whose application for stay of proceedings pending arbitration is refused chooses not to file pleadings in flagrant disregard of that ruling and instead elects to commence the arbitrati on proceedings, then the court does not see how that defendant now faced with a predicament of its own making can come before the same court to seek what will be tantamount to a validation of its action and its failure to comply with the rules".

Tuesday, May 08, 2007

More revelations at cocaine trial (Tagor & Abass)

By William Yaw Owusu

Saturday May 5, 2007
THE investigator in the case involving the loss of 76 parcels of cocaine from the MV Benjamin vessel, says Alhaji Issah, one of the two suspects on trial, declined to assist in the retrieval of the only parcel found on board the vessel by the Narcotics Control Board (NACOB).

Police Detective Inspector Charles Adaba, the investigator, yesterday told the Accra Fast Track High Court trying the case that Abass was heard on the tape, which was secretly recorded by an unknown person in ACP Kofi Boakye’s residence, saying that it was one Alhaji Addah and someone else called Paa, who went to him to seek his assistance to retrieve the parcel.

“I told Paa and Alhaji Addah that if those who came to arrest the vessel had been the police, we could have talked to them but as for the narcotics people from the Ministries, it is difficult to talk to them,” Inspector Adaba quoted Abass as saying on the tape.

Inspector Adaba, the seventh prosecution witness, was concluding his evidence in the case involving Kwabena Amaning also known as Tagor and Alhaji Abass in the loss of the parcels of cocaine 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 drug.

The two have pleaded not guilty to all the charges and are in prison custody.

Tagor and Abass were among 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.

An alleged meeting at the residence of ACP Boakye, the then Director of Police Operations, with four people including Tagor and Abass, formed the basis for the setting of the committee by the Ministry.

Cross-examined by Osafo Buaben, counsel for Abass, the investigator told the court that names such as Joe Brosby, Ben, Alhaji Addah Owusu, Otumfuo among others, were mentioned on the secret recordings but he did not extend his investigations to those people because the investigator who started the case had already done that.

He said his efforts at getting to Alhaji Addah, Paa and Brosby proved fu tile because “they are on the run.”

He said he did not check from the bank where Abass’ account was frozen but contacted the Serious Fraud Office (SFO) which froze it saying, “I am aware that the SFO tried to obtain a confirmation order from a High Court to freeze the accused’s account.”

Inspector Adaba said when he visited the Tema Harbour, the vessel had been towed away, from the breakwaters to the fishing harbour and also added that the vessel at a point caught fire.

The investigator further said: “I do not know whether Abass was into fishing or whether he owned a vessel called M.V. Omega and I am also not aware if he supplied the Police Service or any government agency with motor-bikes and tyres.”

Detective Insp. Adaba said at all material times, t he word “goods” used on the recorded conversation was cocaine and the tape recordings had also not been edited as far as he was concerned.

When Asare Otchere-Darko, additional counsel for Tagor, took his turn, Inspector Adaba told the court that Alhaji Addah owned a forex bureau at Dansoman but could not tell the court the exact location at Dansoman it is situated.

He also told the court that he did not receive any gift of gold watch from Prince Tibu-Darko and added: “I have not tried to extort money from Tagor.”

At this point, Ms Gertrude Aikins, acting Director of Public Prosecutions (DPP), objected to the line of counsel’s cross examination saying: “If you attacked the integrity of the witness, he will do the same thing to your client. This is because what you are doing has no relevance to the substantive matter.”

The court, presided over by Justice Jones Dotse of the Court of Appeal, then adjourned proceedings until May 9.

Friday, May 04, 2007

Investigator concludes evidence in coce trial

By William Yaw Owusu

Friday May 4, 2007
POLICE Detective Inspector Charles Adaba, the investigator in the case of three policemen standing trial over the missing 76 parcels of cocaine yesterday concluded his evidence before an an Accra Fast Track High Court.

The three,Sergeant David Nyarko and Lance Corporals Dwamena Yabson and Peter Bundorin, have been 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.

Cross examined by Musah Ahmed, counsel for the three policemen, Insp. Adaba the 10th prosecution witness,told the court that for security reasons, he could not disclose the identity of the person who had tipped the accused persons off.

He denied that the only parcel found on board the vessel was "planted" there by the security agencies, saying "the cocaine was imported into the country by Sheriff Asem Darke and 76 were sarted away by him".

He said fortunately the accused persons got the information and went to the Kpone Beach to effect his arrest but in the process left him off the hook after collscting undisclosed amount of dollars.

The detective told the court that Sheriff brought the money in a polythene sack and it was Sgt Amoah who shared them to the others including the fishermen who got 10,000 dollars as their share.

He said they were yet to impound the white van in which the cocaine was loaded because there was no registration mark on it and also added that the police could not tell the direction in which the van went.

Insp. Adaba further told the court that when he visited the Tema branch of the Driver and Licensing Authority to check on the fugitve's land cruiser,he detected that Sheriff took a loan from an Accra based financial institution in December 2005,and used the car as collateral.

"He carted the cocaine on April 26,2006 and paid the loan on May 4 in th same year" and also added that "the whereabouts of the two boats used to cart the cocaine from the vessel are yet to be established".

The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until May 9, for the proscution to bring its next witness.

Vasquez used company to front cocaine business


By William Yaw Oausu

Friday May 4,2007
The investigstor in the case in which 588 kilogeamess of cocaine was siezed from a house in East Legon in Accra in 2005,yesterday told an Accra Fast Track High Court that David Duarte Vasqeuz the main suspect behind the importation used Compimchex Limited as a front for the cocaine business.


Detective Chief Inspector Ernest Godfried Frimpong said the company,registered in Ghana was jointly owned by Vasquez a Venezuelan, Grace A. Asibi his Ghanaian girlfriend and a man called Vicente Cross.


Chief Inspector Frimpong was testifying in the case in which two Venezuelans Joel Mella 35,machine operator and Halo Cabezza Castillo 38,businessman are being tried in connection with the seized drugs.


Vasquez,believed to be the brain behind the importation of the narcotic substance and who has also been charged together with the two, is still at large.


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


Led in evidence by Ms. Gertrude Aikins, the Acting Director of Public Prosecutions (DPP), Chief Inspector Frimpong who is the eighth prosecution witness told the court that "we wrote to the three directors of the company to assist us in our investigations but there was no response from any of them".


He said investigations revealed that Vasquez was the brother of Mella and the figitve was the same person who had picked his brother from the airport on November 19, 2005.


He told the court presided over by Justice E.K. Ayebi that the two accused persons although claimed they all came to Ghana on board Alitalia Airline they could not show the police where their passports were.


Tendering the caution statement of Mella, the witness said he cautioned him on June 28,last year and added that the accused had said he was in the country for a gold business.


"He said in his statement that he was met at the airport by one Shamo or Bude and was given 15 days visa but my investigations revealed that the names he mentioned were all in reference to Vasquez".


He said Mella had said in his statement that he did not know anything about the cocaine and had also said he did not know the owner of the house in which he was picked by the police.


Reading the statement of Castillo, the witness said the accused claimed he arrived in Ghana on November 19, 2007 as a tourist.


In the staement the accused said he was arrested outside the residnce and taken into the house and did not know anything about the drugs.


Chief Inspector Frimpong further told the court that the police found a book in which sales of cocaine had been recorded.


He also said because the accused could not speak English the police securd the services of a Spanish interpretor for them during the interrogation and their counsel was always present whenever they were questioned.


The court adjourned proceedings until May 11, for Mr. Kwabla Dogbe Senanu to cross-examined Chief Inspector Frimpong.

Wednesday, May 02, 2007

The Areeba case

By William Yaw Owusu

Wednesday,May 3,2007
The Commercial Court in Accra will on May 31, decide on whether or not to stay proceedings pending arbitration 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, presided over by Justice Henry Kwofie took the decision following extensive arguments on the issue of the stay of proceedings by both the defendants and the plaintiff yesterday.

The substantive suit filed by Mr. Aggrey, cites Investcom Consortium Holdings S.A. of Beirut, Lebanon, Areeba as well as Grandview Management of Texas, United States as the defendants and the application for stay of proceedings had been filed by Investcom who are majority shareholders of Areeba.

The court, on July 14, last year, granted Mr. Aggrey an ex-parte 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.

The plaintiff then filed an application for judgement in default of a defence against Areeba but the second defendant filed an application for extention of time within which to file their defence.

The court on April 17, awarded ¢8 million cost against Areeba for the delay.

When the case was called Benson Nustukpui representing Areeba told the court that “we have this morning filed our statement of defence and we no longer wish to move our application for extention of time”.

Yonny Kulendi, counsel for Mr. Aggrey then said “we are by this withdrawing our application for judgement in default”.

The court then struck out the two applications for the case to take its normal course and again awarded five million cedis each against the Areeba and Investcom in favour of the plaintiff.

Moving the motion for stay of proceedings filed on April 16, Felix Ntrakwah, counsel for Investcom said, “The institution of the whole action by the plaintiff without recourse to the shareholder’s agreement which stipulates mandatory arbitration amounts to a breach”.

‘There is a shareholders agreement which we have exhibited and it is clear that there should be arbitration if there was a disagreement. There is no conflict of law in this matter and the court has an obligation to refer this matter to arbitration”.

He further argued that they were not in contempt of the court “if we are seeking to enforce our contractual rights”.

Responding, Mr. Kulendi said Investcom’s application had been brought in bad faith adding “this court should not allow its jurisdiction to be subordinated by an inferior tribunal”

He said once the Investcom and Areeba had averred that the plaintiff ceased to be a shareholder since 1999, Mr. Aggrey could not be part of the arbitration process,
adding “until the court declares whether the plaintiff is a shareholder he cannot assert his rights under the shareholders agreement”.

“The defendants should allow the court to determine our status before we can see whether the dispute belongs to arbitration”.

He further argued that the United Kingdom (London to be precise) where the applicant was seeking to arbitrate had not ratified the United Nations International Convention on Arbitration and said the rules of the court makes it mandatory for the courts in Ghana to settle disputes through arbitration.

Thaddeus Sory counsel for Grandview, also a defendant associated himself with the plaintiff and said he had also filed an interlocutory application to restrain his co defendant from going for the arbitration.

Mr. Nustukpui also associated himself with Investcom and said that ‘We are prepared and willing to submit ourselves to arbitration

Tuesday, May 01, 2007

Stool disputes pose threat to security

By William Yaw Owusu

Tuesday,May 1,2007
Chieftaincy disputes have been identified as the main threat to local level security and peace in the country.

Mr. Richard Abankwah Agyepong, a lecturer at the Institute of Local Government Studies (ILGS), who made the observation, also cited exploitation of ethnic and religious differences by some “powerful elements” in society as another major threat to peace and security at the local level.

He was speaking on the topic “Security and peace-building at the local level” at the institute in Madina, Accra at the weekend.

The workshop was organized by the ILGS in collaboration with the Ghana Research and Advocacy Programme (GRAP) as part of efforts at improving areas of governance, security and peace-building economy, livelihoods, gender as well as human resource development in the country.

It was part of the Saturday Institute programme being organized by ILGS for Research and Advocacy Organizations (RAO’s) and other stakeholders to provide an input for implementation and review of the decentralization policy

Last week’s edition, under the theme “Security and peace-building” was attended by some District Chief Executives, Presiding Members, representatives from research, institutions, non-governmental and community-based organizations.

Mr. Agyepong further identified land ownership also as a threat and weak security infrastructure, poverty and illiteracy as well as resettlement and creation of new settlements as sources of conflict or insecurity.

He said with the problems identified, there was the need to use constructive engagement and creative approaches that provide incentives to peace and actively engage the youth in peace-building.

He also called for the reinforcement of local capacities to influence public policy and tackle social and political exclusion.

Ms. Qury Traore, Regional Programmes Manager of West Africa Network for Peace-building (WANEP), dwelling on the collaborative peace-building efforts with ECOWAS and civil society organizations in West Africa, said the Network was in constant touch with communities as far as conflict prevention was concerned.

She said WANEP continues to pay particular attention to the emerging capacity-building needs of its networks and partners saying, “in order to ensure an effective regional conflict prevention mechanism, we are expanding our communication infrastructure.”

Professor T.B. Wereko, Chairman of the ILGS Council, said the institute will continue to create avenues for all stakeholders to consolidate the local governance process.