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.