COCAINE CASE: HIGH COURT DECIDES ON TAGOR, ABASS

By William Yaw Owusu

Thursday, 28 June 2007
AN Accra Fast Track High Court trying Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass for narcotic drug offences, yesterday ruled that the two have a case to answer and should therefore open their defence.

This follows the court’s rejection of "no case" submission by the defence.

The court presided over by Justice Jones Dotse of the Court of Appeal ordered Tagor and Abass to start their defence from July 17.

The two accused persons were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the loss of 77 parcels of cocaine from the vessel, M.V. Benjamin at Tema Port and another quantity seized from a house at East Legon in Accra in November 2005.

Before the committee commenced sitting, a meeting allegedly held at the residence of ACP Kofi Boakye, then Director of Police Operations with four people, including Tagor and Abass, was said to have been secretly recorded by an unknown person and that formed the basis for the establishment of the committee.
Seventy-seven parcels of cocaine were brought into the country on April 26, last year, but 76 got missing at the breakwaters of the Tema Port before the security agencies could intercept it.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying 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 and are currently in prison custody.

The defence counsel had applied to the court not to ask the two to open their defence because the prosecution could not establish a prima facie case against them.

The prosecution led by Ms Gertrude Aikins, acting Director of Public Prosecution (DPP), opposed the application, arguing that they had been able to establish, beyond reasonable doubt, a case against the accused.

Delivering the ruling before a packed court, Justice Dotse said, "I am convinced without prejudice that the prosecution has been able to establish a prima facie case against the accused persons and the court calls on them to open their defence."

Starting from the charge of conspiracy, the court said under Section 56 © of PNDC Law 236 (the Narcotic Drug Control and Sanctions Law) it was clear that a meeting took place at ACP Boakye’s residence and an agreement of some sort was reached between the two and others to find the missing narcotic drug and enjoy it.

"The prosecution has been able to prove a conspiracy charge. If you look at the transcript of the recorded conversation, you will conclude that the accused must be taken for what they said at the meeting and must be given the chance to explain to the court what they meant by the terminologies used".

On the charge of engaging in prohibited business related to narcotic drugs, the court said there were essential ingredients in the offence which needed to be proved beyond reasonable doubt that Tagor and Abass were engaged in prohibited business which the prosecution did.

Justice Dotse said on the tape, Abass accused Tagor of cheating him in a business and also introduced him to some business where "good", "nneema", "keys", "nsafoa" and other terminologies were used, saying "it is proper for the court to call on Abass to explain what he meant."

The court further held that once the investigators in his evidence said that in the underworld (narcotic business), "keys/nsafoa" and "goods/nneema" referred to kilogrammes and cocain respectively "this piece of evidence can only be refutted by the accused persons themselves.

On the charges of buying and supply of narcotic drugs, the prosecution said the prosecution was able to prove the essential ingredients needed for the accused persons to open their defence.

The court referred to the constitutional issue raised by Mr Osafo Buaben, counsel for Abass in his application for no case, and said counsel’s argument was untenable because conspiracy and abetment are well-known in the Criminal Offences Act 29 of 1960.

Commenting on Detective Inspector Justice Oppong, the initial investigator’s conduct, Justice Dotse said, "this is a witness I found to be elusive. He does not deserve to be wearing a police uniform. I have a lot to say about his conduct in the investigation of this matter."

The judge said of the failure of the prosecution to bring ACP Boakye to testify: "I would have been much happier if he had appeared to testify but it is the preserve of the prosecution to either call him to testify or leave him alone.

"I do not know if they are shielding him or they are going to prosecute him in future".

Cop In Court For Coke Deal

By William Yaw Owusu

Thursday, 28 June 2007
LANCE Corporal Ekow Russel one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, was yesterday arraigned before an Accra Fast Track High Court.

In the dock with him was Maxwell Antwi, a car dealer, who the prosecution believes was supplied with the narcotic drugs by the policeman.

Russel, and seven other policemen together with Antwi who appeared before an Accra Circuit Court in May, were remanded into police custody but were discharged by the court on June 21 following a ‘nolle prosqui’ (unwilling to pursue) application filed by the Attorney-General’s department (AG).

But they were immediately re-arrested on the orders of the AG.

When the case was called at the Fast track Court for the first time yesterday, it was only Russel and Antwi where arraigned for trial.

Those not in court include George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei, all Lance Corporals.

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

Sources close to the Attorney-general’s Department said the seven policemen have since been discharged after their re-arrest.

The Police Administration has since Tuesday mounted a search for Detective Inspector Justice Nana Oppong who is alleged to be involved in the case.

He is also on interdiction but absconded when the news broke that his colleagues were re-arrested.

The trial court, presided over by Justice S.Y.Anim of the Court of Appeal, remanded Russel and Antwi into police custody until June 29.

The court could not take their plea for the prosecution to present the facts because their accused person counsel were not aware that they were to appear before the court.

Russel is facing three counts of possession of narcotic drugs without lawful authority, supplying narcotic drugs without lawful authority and dealing in prohibited business relating to narcotic drugs while Antwi is charged with one count of possession of narcotic drugs without lawful authority.

Abodakpi.s appeal adjourned sine die

By William Yaw Owusu

Thursday, June 28, 2007
The Court of Appeal has for the second time adjourned sine die (indefinitely), the appeal application filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister who was jailed 10 years by an Accra Fast Track High Court on February 5, for causing financial loss to the state.

The three member panel, presided over by Justice B.T. Aryeetey, had to adjourn proceeding on Tuesday because Mr. Abodakpi’s counsel had just notified the registry of the court that the records of proceeding at the trial court was not complete.

When the case was called Mr. Charles Hayibor, counsel for Abodakpi told the court that they had sent a letter on the record of proceedings to the registry and the appellant had filed another application for bail for the convicted MP.

Justice Aryeetey then remarked “we have no option but to adjourn proceedings sine die.”

Other panel members are Justices Henrietta Abban and Mariama Owusu.

On April 23, the same court adjourned Mr. Abodakpi’s application sine die because the panel was not properly constituted.

Justice Annin Yeboah who was a member of the first panel was said to have been part of a group of judges who heard Mr. Abodakpi’s submission of ‘no case’ application during the trial and was thus not qualified to sit on that panel.


On April 19, the Accra Fast Track Court presided over by Justice S.T. Farkye of the Court of Appeal dismissed the application for bail pending appeal filed by Abodakpi 57, who is the National Democratic Congress Member of Parliament for Keta,


Dismissing the application, Justice S.T. Farkye of the Court of Appeal, said Abodakpi could not show any exceptional reason to justify the granting of bail.

“He could not show any substantial circumstance that his appeal will succeed, he said and added: “Being an MP does not make his case a special one. He was convicted by a court of competent jurisdiction and the conviction was based on evidence brought before the court.”

The judge held that there will be no miscarriage of justice if the application was refused because the appeal for bail was “unmeritorious” and the court’s decision was not erroneous whether in fact or in law.

The court further said that Abodakpi’s argument that he will not jump bail because his entire family were in the country could not be true because the convict during the trial, told the court that all his children were resident abroad.

In court to witness proceedings were Dr. Kwabena Adjei, NDC Chairman, Mohammed Mumuni, former NDC running mate in the 2004 elections, Ken Dzirasah, Doe Adjahoe, all NDC MPs as well as Abodakpi’s family members and some sympathizers.

Abodakpi who was in court, was jailed 10 years with hard labour on seven counts of conspiracy causing financial loss to the state and defrauding by false pretences.

He was said to have illegally authorised the payment of 400,000 dollars to Dr Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.

The eight million dollar TIP fund was set up by the NDC government to promote the non-traditional export sector.

Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.

Woman, 26, jailed for drug trafficking

By Willianm Yaw Owusu

Tuesday June, 26, 2007
A 26 year old woman was yesterday sentenced to 10 years imprisonment by the Greater Accra Regional Tribunal for attempting to export 2.946 grams of cocaine to Europe.

Janet Afeme, who had concealed the narcotic drugs in a specially designed underwear, was exposed at the Kotoka International Airport (KIA) when she attempted to board a KLM flight to Amsterdam, Holland.

She had initially pleaded not guilty to two counts of attempted exportation of narcotic drugs without lawful authority and possession of narcotic drugs without lawful authority but changed her plea in the course of the trial.

Prosecuting, as M.K. Asiamah Sampong a Senior State Attorney said that at about 9:30am on November 30, last year, Afeme arrived at KIA for a flight to Amsterdam, Holland.

While going through departure formalities, Narcotic Control Board (NACOB) officials picked her up for a search and discovered 48 parcels of whitish substances concealed in a specially designed underwear she was wearing.

The substances were found to be cocaine which weighed 2.946 grams.

During interrogation, Afeme said she received the drugs from a man called Peter to be delivered to one for a fee of 7,000 Euros.

Boniface files for Nabdam

By William Yaw Owusu

Tuesday June 26, 2007
BONIFACE Adagbilla Gambilla, the Upper East Regional Minister has filed to contest the Nabdam, Constituency, seat on the ticket of the ruling New Patriotic Party (NPP) in next year’s Parliamentary elections.

It will be the Minister’s third attempt to capture the seat from the National Democratic Congress (NDC), occupied by Moses Asaga the Minority Spokesperson on Energy.

In an interview with the “Times” in Accra over the weekend. Mr Gambilla said “I together with a few others have moved the NPP from recording single digit figures in the 2000 elections to thousands in the last elections said we are now in a position to capture the seat in 2008 because our good works is generating more support from the people.”

He said the NPP did not do well in the previous parliamentary elections because “the politics of deception by our opponent was at its height but now that we have been able to explain governments policies to the people and followed it up withy development projects our opponents will find it difficult to deceive the people.”

The Minister said his priority are will be to empower all the communities in the constituency to be able to manage their local resources in order to create wealth for the constituents.

He said areas such as education, health, agriculture, empowerment of women and youth development will be his main concern as a Member of Parliament.

“I will develop strategies that will help provide quality leadership and make sure that the people are always part of the socio-economic and political decisions which our hardworking constituents have lacked all these years”.

Mr Gambilla who is a community and youth development specialist and a former said he will introduce more advocacy programmes that will ensure equitable access to the resources of the region and the constituency in particular.

“I want to empower the communities to take their destiny into their own hands by clearly moving from human created ignorance, deprivation, poverty, illiteracy to take complete ownership of their situation and transform them into positive development.”

He said he will help influence educational and health policies and needs of the constituency and advocate for the provision of quality health and educational facilities and facilitate the connection between health insurance and health education.

He said he will encourage irrigation farming continue to push for the idea of women having access to land to ensure food security saying “we are still pursuing the one woman one acre programme where they are given groundnut and soyer beans seeds to plant and create wealth.”

He said within two years as a Minister he had supervised the construction of seven basic schools, improved infrastructural development in the Kongo Secondary School, tarred the Zanlerigu - Sakote road and improve other feeder roads within Nabbdam constituency.

The Minister further said he supervised the building of nurses and teachers quarters in two years o attract professionals to the constituency.

He said “I know poverty in endemic in the area but with commitment and hardwork we call all work together to bring the situation under control.”

Cocaine ship was hired at 150,00 dollars

By William Yaw Owusu

Monday June 25, 2007
THE investigator in the case of six persons charged for the importation of 77 parcels of cocaine on board the MV Benjamin vessel says Asem Darke, popularly called Sherriff, the police’s most wanted man in connection with the case, chartered the vessel at a fee of 150,000 dollars.

Police Detective Inspector Charles Adaba, on Friday, told the Accra Fast Track High Court trying the case that the vessel had been chartered by the fugitive with the pretext to tow his distress vessel at Conakry, Guinea but ended up importing 77 parcels of cocaine, 76 of which was carted away by Sheriff and his men before the security agencies got into the vessel on April 27, 2006.

Insp. Adaba said this under cross examination at the court presided over by Justice Annin Yeboah of the Court of appeal.

Joseph Kojo Dawson the vessel owner who the police say allowed his vessel to be used to import the cocaine is being tried together with five of the vessel's crew including a Korean and two Chinese.

They are 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.

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 Adaba, 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 on January 28 last year, and it was witnessed by Sheriff’s lawyer called Owuo of Beechem Chambers in Tema.

He said once the once the vessel’s owners did not ensure that Sherrif used the vessel for the intended purpose of towing another distress vessel, Dawson should be held responsible for the importation adding “the first accused knew of the importation according to the statements he gave to the initial investigators when the matter came up”.

He said he did not do incompetent work as far as investigations into the matter was concerned saying “I did the best I could to come out with the evidence”.

When James Agalga, counsel for Bok Sil took his turn, Inspector Adaba told the court that it was the second accused person who introduced Killer the Korean who is also want in connection with the importation of the cocaine to Isaac Arhin.

He told the court that he got to know about it in the statement given by Arhin to the police upon their arrest.

The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until June 26, for counsel for the Arhins, Li and Xing to cross examine Inspector Adaba.

East Legon cocaine case :Venezuelans open defence

By William Yaw Owusu

Tuesday June 26, 2007
The two Venezuelans being tried in connection with the seizure of 588.88 kilogrammes of cocaine from a house in East Legon, Accra in November 2005 yesterday opened thier defence at the Fast Track High Court.

The men , Joel Mella, a machine operator and Halo Cabezza Castillo, 38, businessman have pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.

Another Venezuelan, David Duarte Vasquez, said to be the boyfriend the informant of the case, Grace Asibere Asibi, and 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.

Led in evidence by Kwabla Dogbe Senanu, Mella who was the first to mount the witness' box said admitted staying in the house where the cocaine was siezed but denied having knowledge about the narcotic drug.

He told the court that he arrived in the country on September 9, 2005 as a diamond dealer and was met at the airport by a Noble Dosoo, a prosecution witness whom the accused calls Shamo.

But the police says they have evidence that whenever the names Shamo or Bude are mentioned the two Venezuelans, they are refering to Vasquez and not Dosoo.

Mella who testified through a Spanish interpretor further said he did not know the owner of the house in which he resided and it was the Shamo/Bude who had brought him there.

He said all the exhibits found in the house and in his room did not belong to him, saying 'it is not true that I asked the police not to mix the cocaine on the floor with a water nearby'.

He said Vasquez is not his brother and added that he was not part of Compimchex Limited, the company that the police suspects was used to front the cocaine business.
'I am not part of Compimchex. I have never worked for them. I do not know anything about this company'.

The court, presided over by Justice E.K. Ayebi, adjourned proceedings to Jly 5, for Ms. Gertrude Aikins, the Acting Director of Public Prosecutions to cross examine Mella.

A-G orders arrest of 8 freed cops

By William Yaw Owusu

Saturday June23, 2007
Eight out of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine were yesterday discharged by an Accra Circuit Court.
But in a dramatic development, they were immediately re-arrested on the orders of the Attorney-General.
Sources at the AG's Department say the policemen who were in court and should have been freed will soon be put before the Fast Track High Court to face fresh charges.

The eight 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.
The Prosecution entered a 'Nolle Prosequi' (unwilling to pursue) and this made Justice Frank Manu who is also the Greater Accra Regional Tribunal Chairman to discharge the policemen.


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.

Kofi Boakye Not Vital To Our Case - Prosecutor

By William Yaw Owusu

Friday, 22 June 2007
The prosecution in the trial of Kwabena Amaning, also known as Tagor, and Alhaji Issah Abass charged with having knowledge about the missing cocaine from the MV Benjamin vessel, yesterday justified the reasons for not inviting ACP Kofi Boakye, former Director of Police Operations to testify as witness.

Ms. Getrude Aikins, acting Director of Public Prosecutions (DPP), said ACP Boakye was not brought to testify because "as far as we are concerned, he was not a material witness."

"The defence team cannot by their desire force a material witness on us. A case is not won on multiplicity of witnesses. The prosecution can use only one credible witness to establish a case against an accused person and that is exactly what we are seeking to do.

Ms. Aikins was replying a submission of "no case" application filed by counsel for Tagor and Abass at the Fast Track High Court trying the case.

Tagor and Abass were among people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the missing of 76 parcels of cocaine and another quantity seized from a house at East Legon in Accra in November 2005.

Before the committee commenced sitting, a meeting allegedly held at the residence of ACP Boakye with four people, including Tagor and Abass was said to have been secretly recorded by an unknown person and that formed the basis for the establishment of the committee.

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

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 and are currently in prison custody.

Ms. Aikins submitted that the meeting between ACP Boakye and the suspected drug dealers was not official and there was no official record of any such meeting as the defense counsel wanted the court to believe.

She also said the way in which the meeting began with the mentioning of hard drinks, the subject matter which was to recover the missing cocaine and enjoy and the rather vile language used did not suggest an official meeting.

"We had witnesses to help us prove the charges preferred against the accused persons and ACP Boakye would not have played any role in that.

"We have not only established a case against Tagor and Abass but have also proven it beyond reasonable doubt, and by this it was not necessary for counsel to make the submission of ‘no case,’ she said.

On the conspiracy charge, Ms. Aikins said some confessions made by the accused persons on the recorded conversation where the participants indicated their preparedness to move in unison to find the missing cocaine justified the charges under section 56 ( c ) of Act 236 of the Narcotics and Sections Law.

She said utterances such as "let us find amicable way of tracing the good" and "we should all be one" among others, in the tape were clear cases of conspiracy to find the cocaine.

"By the time the meeting closed, the participants left with a clearly defined strategy and co-operation for the common purpose of recovering the missing cocaine from the vessel and share it,"

Ms. Aikins said "a court can convict solely on the confessions of an accused person and we have been able to prove that the confessions were made voluntarily"

She said all the prosecution witnesses were truthful and forthright to the court and added that "after thorough investigations, we evaluated every evidence before preferring the charges against them."

The court presided over by Justice Jones Dotse of the Court of Appeal is expected to rule on the "submission of no case" on June 27.

Areeba Case Adjourned

By William Yaw Owusu

Friday, 22 June 2007
THE Commercial Court in Accra yesterday adjourned to July 3, the case in which Richmond Aggrey, a Ghanaian businessman, is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.

Mr Aggrey, former Vice Chairman of Areeba, is suing the telecommunication giant together with Investcom Consortium Holdings S.A. of Beirut, Lebanon, who are majority shareholders in Areeba, as well as Grandview Mana-gement of Texas, United States to claim his shares.

When the case was called, Mr Benson Nutsukpui, counsel for Areeba told the court, presided over by Justice Henry Kwofie, that they had filed a supplementary affidavit opposing Grandview’s application for interlocutory injunction to restrain Investcom and Mr Aggrey from going ahead to London for arbitration.

Mr Thaddeus Sory, counsel for Grandview who was ready to move the application, then asked for an adjournment to enable him to advise his client on the "fundamental attachments" in Areeba’s supple-mentary affidavit

The court on May 31, dismissed an application for stay of proceedings pending an arbitration filed by Investcom.

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 MT N 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 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 extension 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, Mr Nutsukpui told the court, "we have this morning filed our statement of defence and we no longer wish to move our application for extension 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 Areeba and Investcom in favour of the plaintiff on April 30.

10 Granted Bail Over Gbese Riot

By William Yaw Owusu

Thursday, 21 June 2007
TEN people, including a female charged with rioting at a ceremony to lift the ban on drumming and noise-making at Gbese in Accra, were yesterday granted ¢20 million bail each with one surety by an Accra circuit court.

They are Daniel Nii Armah Tagoe, a hairdresser, Daniel Klottey, Obodai Torgbor, Armah Tagoe, all fishermen, and Otu ‘Commetey, a toll collector in-charge of the Gbese public place of convenience who the police suspected supplied human excreta to smear the Gbese Palace.

The rest are Samuel Pappoe, a trader, Pappoe Afful, Isaac Addo, all students, Kofi Kamaru-Deen, a tailor, and Emelia Nii Quaye.

They pleaded not guilty to two counts of causing unlawful damage and rioting with weapons and are to report again on July 16 for hearing to commence.

Presenting the facts, DSP Eric Amoako told the court, presided over by Mrs Jennifer Tagoe, that on June 6, the Accra South District Police Command, led by Superintendent Nana Afful, went to Gbese to provide security for the ceremony and in the course of their duty, the accused persons were arrested for rioting.

"On arrival, the police observed that human excreta had been smeared all over the Gbese palace and other parts of the area," DSP Amoako told the court.

He said with the assistance of the Ghana National Fire Service (GNFS), the security team cleared the palace of the excreta and in the process, a group including the accused persons, allegedly arrived at the ceremony grounds and started throwing stones, broken bottles, and more human excreta at the police and those gathered there.

The rioters caused damage to a police vehicle (GP 1421).

He said Commetey, who is a caretaker at the Gbese public place of convenience, opened the storage of the facility and supplied more excreta to the rioters.

Police fired teargas to disperse the crowd before the ceremony commenced.

When the police arrested the accused they found five stones and a knife on Pappoe, the prosecutor said.

3 Cocaine Peddlers Jailed 34 Years

By William Yaw Owusu

Tuesday, 19 June 2007
Three Ghanaians resident in Europe were yesterday sentenced by the Greater Accra Regional Tribunal to a total of 34 years in jail for attempting to export cocaine.

Joseph Arthur Aggrey, 46, resident in Spain was sentenced to 14 years in hard labour while Albert Acquah also resident in Spain and Emmanuel Asante, in Holland, were given 10 years each in hard labour.

Aggrey swallowed 85 pellets of cocaine weighing 955.45 grammes while Asante had 80 pellets weighing 786.87 grammes in his stomach.

Acquah, in addition to swallowing 29 pellets weighing 406.86 grammes and inserted two-egg-size of the drug in his anus.

Arthur had pleaded not guilty to two counts of attempted importation of narcotic drugs without lawful authority and possession of narcotic drugs without lawful authority.

Acquah and Asante who were also charged with the same offence pleaded guilty on their first appearance.

Cop Denies Involvement In Missing Cocaine Case

By William Yaw Owusu

Wednesday, 06 June 2007
Sergeant David Nyarko, one of three policemen standing trial in connection with the missing 76 parcels of cocaine, yesterday told an Accra Fast Track High Court that he was not present at the Kpone Beach when the parcels of cocaine were loaded onto a van by Sheriff Asem Darke, the police’s most wanted man and his men.

He also told the court presided over by Justice Annin Yeboah of the Court of Appeal that he never followed Sheriff to his house in Community 5, Tema to collect money and left the fugitive off the hook.

Sgt Nyarko was testifying under cross-examination in the case in which he together with Lance Corporals Dwamena Yabson and Peter Bundorin, are 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 an undisclosed amount in US dollars from Sheriff who is wanted by the police in connection with the importation of 77 parcels of the cocaine, 76 of which were offloaded at the Kpone beach near Tema.

The prosecution led evidence to show that the policemen saw Sheriff at the beach offloading the cocaine but left him and his accomplices to go.

A fourth policeman, Detective Sergeant Samuel Yaw Amoah, who allegedly 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 of whom are with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in a prohibited business related to narcotic drugs and corruption by a public officer.

They are currently in police custody.

Cross-examined by Mrs Stella Badu, a Senior State Attorney, Sgt. Nyarko claimed that on his arrest, it was the police investigator in the case who initially took his statement adding, “he wrote it for me and I signed out of anger.”

He told the court that he did not know Yabson and the only time he met him was when the police arrested them. But in his statement in September 11, last year, Sgt. Nyarko stated that he confronted Amoah for including Yabson in the operation.

His explanation at the time was that Yabson was of a questionable character and also junior policemen at the Tema Community I police station, residing at Tema New Town barracks did not have respect from the public.

Nyarko also told the court that Amoah invited him to assist in the arrest of some thieves at 5.45 am on April 26 but the Tema New Town Police station diary tendered in evidence by the prosecution indicated that the two left with the informants and Yabson to the Kpone beach at 5.25.

The first accused person said he did not sit in Sheriff’s Land Cruiser (GT 21W) to his house outside which Bundorin who the prosecution says followed them in a taxi waited.

The prosecution also submitted that Nyarko, Amoah, Yabson and the fishermen together with their colleague waited for about 45 minutes in Sheriff’s house to enable the fugitive to get the dollars for the accused but Nyarko said it was not correc

He told the court that the taxi-cab he bought in July 2006, was jointly owned by him and his siblings but the prosecution says records show that Nyarko is the sole owner.

The case was adjourned until June 7, for counsel for Yabson and Bundorin to cross examine Nyarko.

The Areeba Case: Investcom loses application for stay

By William Yaw Owusu

Saturday May 2, 2007
The Commercial Court in Accra,on Thursday refused an application for stay of proceedings pending an arbitration in the United Kingdom 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 application was filed by Investcom Consortium Holdings S.A. of Beirut, Lebanon, majority shareholders in Areeba in substantive suit in which Mr. Aggrey, has sued Investcom, Areeba as well as Grandview Management of Texas, United States to claim his shares.

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 on April 30.

Mr. Felix Ntrakwah, counsel for Investcom then moved the application for stay of proceedings pending arbitration saying “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 had 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 that “until the court declares whether the plaintiff is a shareholder he cannot assert his rights under the shareholders agreement”.

Refusing the application, Justice Henry Kwofie said what Investcom sought to do was against the High Court Civil Procedure Rules which frowns on unecessary expenses,delays among others.

He said if the application is granted it will result in an identical proceedings in two fora adding "we will have a situation where while this case proceeds the arbitration process will be going on".

Justice Kwofie explained that although Areeba and Grandview are not part of the shareholders' agreement the reliefs sought by Mr. Aggrey "are inter-related because they have been sued jointly and severally and the grant of a stay of proceedings will affect the two".

The court said "Even if the stay is granted, the substantive case will still be heard in Ghana" and added "arbitration is a private dispute resolution process.It does not bind persons or people who are not parties to it".

After the judge had completed his ruling Mr.Thaddeus Sory counsel for Grandview wanted to move his application to restrain Investcom and Mr.Aggrey from going for the arbitration but the judge said "i thought this ruling has a bearing on your application".

The case was subsequently adjourned to June 21.

Mrs. Rawlings and others charges to stay

By William Yaw Owusu

Saturday June 3, 2007
THE charges preferred against the Former First Lady, Nana Konadu Agyemang Rawlings and four others who are being tried for their alleged involvement in the divestiture of Nsawam Cannery may not be reviewed after all.

This follows a submission by Ms Gertrude Aikins, acting Director of Public Prosecutions, yesterday that the prosecution had decided to go ahead with the case without reviewing the charges because of what she described as “a trial by the radio/FM stations.”

She said since the prosecution announced its intention to review and substitute the charges preferred against Mrs Rawlings and the 10 accused, there had been many comments in the media which did not promote fair trial.

“There is nothing against compressing charges against accused persons. We are ready to start the case and put the speculations to rest,” she said.

At this point, Nana Agyei Ampofo and Tony Lithur, both defence counsel, took turns to express concerns about the manner the prosecution was handling the trial, and questioned why the prosecution could not keep its promise to amend the charge sheet.

But the court, presided over by Justice Paul Baffoe Bonnie of the Court of Appeal, said as much as the media had the right to fairly comment on the issue, all parties in the case including the court, were not supposed to be influenced by “what goes on outside this court .”

The judge further said that the defence counsel had every right to object to the prosecution’s position but added that they could not begrudge the prosecution if they decided to proceed with the trial without amending the charge sheet.

Ms 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 Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaiteng, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 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 all pleaded not guilty and are on self cognisance bail.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including former President J.J. Rawlings.

Lapses in security once again came to the fore as there was not a single police man to maintain order in the court.

The sympathisers who thronged the premises in their numbers chanted slogans right in front of the courtroom prompting the judge at certain points to ask whether there was the presence of the police to maintain order.

Guards of the former President had to step in to maintain order but that could not even deter the sympathisers.

The guards also had to screen identity cards of journalists before they were allowed to enter the court room.

There was also the presence of a foreign media from London who was openly seen filming proceedings.

Mrs. Rawlings and others charges to stay

By William Yaw Owusu

Saturday June 3, 2007
THE charges preferred against the Former First Lady, Nana Konadu Agyemang Rawlings and four others who are being tried for their alleged involvement in the divestiture of Nsawam Cannery may not be reviewed after all.

This follows a submission by Ms Gertrude Aikins, acting Director of Public Prosecutions, yesterday that the prosecution had decided to go ahead with the case without reviewing the charges because of what she described as “a trial by the radio/FM stations.”

She said since the prosecution announced its intention to review and substitute the charges preferred against Mrs Rawlings and the 10 accused, there had been many comments in the media which did not promote fair trial.

“There is nothing against compressing charges against accused persons. We are ready to start the case and put the speculations to rest,” she said.

At this point, Nana Agyei Ampofo and Tony Lithur, both defence counsel, took turns to express concerns about the manner the prosecution was handling the trial, and questioned why the prosecution could not keep its promise to amend the charge sheet.

But the court, presided over by Justice Paul Baffoe Bonnie of the Court of Appeal, said as much as the media had the right to fairly comment on the issue, all parties in the case including the court, were not supposed to be influenced by “what goes on outside this court .”

The judge further said that the defence counsel had every right to object to the prosecution’s position but added that they could not begrudge the prosecution if they decided to proceed with the trial without amending the charge sheet.

Ms 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 Carridem Development Company Limited (CDCL).

They were originally charged with Georgina Okaiteng, a Director; George Mould, a Director, and Larry Adjetey, a Director/Secretary; all of CDCL but the Attorney General withdrew the charges against the three under section 9 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 all pleaded not guilty and are on self cognisance bail.

Mrs Rawlings and her co-accused persons with the exception of Owusu were present in the court which was filled by
sympathisers including former President J.J. Rawlings.

Lapses in security once again came to the fore as there was not a single police man to maintain order in the court.

The sympathisers who thronged the premises in their numbers chanted slogans right in front of the courtroom prompting the judge at certain points to ask whether there was the presence of the police to maintain order.

Guards of the former President had to step in to maintain order but that could not even deter the sympathisers.

The guards also had to screen identity cards of journalists before they were allowed to enter the court room.

There was also the presence of a foreign media from London who was openly seen filming proceedings.