I didn't sell siezed cocaine-Abass

Abass (left) and Tagor (right) being escorted to the Fast Track High Court


By William Yaw Owusu

Thursday July 26, 2007
Alhaji Issah Abass, one of the two men standing trial for narcotic offences yesterday denied a prosecution suggestion that he was selling cocaine seized by Ben Ndego of the Narcotics Control Board (NACOB).

Abass said that he was only an informant for the NACOB and added that Ndego sometimes met him on his official duties but the officer did not give him cocaine to sell.

Abass was testifying under cross-examination in the case in which he and Kwabena Amaning, popularly called Tagor, have been charged with having knowledge about 76 parcels of cocaine missing from the MV Benjamin 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 case of 77 parcels of cocaine brought into the country by M.V. Benjamin vessel, and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

The 77 parcels of cocaine were brought into the country on April 26, last year, but 76 disappeared at the break waters of the Tema port before the security agencies could intercept the vessel.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, and supply of narcotic drugs.

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 in prison custody.

Cross-examined by Ms. Getrude Aikins, Acting Director of Public Prosecutions (DPP), Abass told the court that he is not a cocaine dealer.

“If I were one, the Police Administration will not give me a contract to supply them items,” he stated.

“I am a genuine businessman. The current Attorney-General, Mr. Joe Ghartey and Abraham Osei Aidoo, Member of Parliament for Tema West, were once my lawyers,” he said.

Abass told the packed court that his co-operation with the police to track down Sheriff Asem Darke, who is believed to be behind the importation of the 77 parcels of cocaine, was not an act of vengeance.

“Sheriff was a wanted man at the time I assisted the police and the whole nation was looking for him.”

When it was suggested to him that Col. Isaac Akuoku (rtd), Executive Officer of NACOB, and Ndego both on interdiction, had told the committee that they did not know the source of the secret tape recording made at ACP Kofi Boakye’s residence at Kanda, Accra, Abass said, “I will be surprised they said this because it was Ndego who sent me to do the recording and I handed the cassette to the two.”

“It is true I did the recording at ACP Boakye’s residence,” he insisted, adding “I do not find it hard to speak the truth.”

He repeated in court that he lied to the Georgina Wood Committee.

He said he did the secret recording in May and appeared before the committee in late July, adding that “at that place we were tight-lipped and did not want to open up.”

Abass said that he and Tagor had been friends for a long time but at the committee he had said he met Tagor only three times and had also heard about the secret recording when ACP Boakye called him from Germany in 2006 to enquire whether he had done it.

“I said all these to the committee because we knew what we were doing and if we had not been arrested the truth would have come out.”

Abass further told the court, presided over by Justice Jones Dorse of the Court of Appeal, that he had refused to tell the police the true story because the initial investigator of the case, Inspector Justice Oppong, was ACP Boakye’s boy.

“I did not feel comfortable confiding in Oppong that I did the recording since the investigator is under ACP Boakye who is the Director of Police Operations.”

Abass said that after the recording, he listened to the tape before sending it to NACOB and at a meeting later with Tagor they realised that ACP Boakye did not know anything about the missing 77 parcels of cocaine.

“Tagor and I did not leave the meeting with a defined strategy to find the missing 76 parcels of cocaine and enjoy it. It was ACP Boakye who asked us to put our ears to the ground,” he said.

Abass claimed that the confessions he made on the tape recording were part of the baiting game but the prosecution said it was a desperate attempt to retract those confessions.

The prosecution said for instance, that it was able to locate Chris Archer, the second prosecution witness whom Abass had said on the tape that Tagor’s driver bought his house for 140,000 dollars.

Abass told the court that he had two houses at Tema Communities 11 and 18, but the prosecution submitted that he had another commercial accommodation at Community 11 and owns three vessels.

He had said in his evidence-in-chief that was Kwabena Acheampong, the first prosecution witness, who stood surety for him at the Police Headquarters in Accra when he was first arrested in connection with this case.

But under cross-examination yesterday, Abass said it was one Ahmed who stood surety for him and that Acheampong only drove him home.

The prosecution also submitted that they had documents to prove that Abass owned the vessels, but the accused said it was a partnership agreement between him and some Greek counterparts.

The prosecution said Abass bought the first vessel, MV Sisina, for four million dollars, the second, MV Elli, for 800,000 dollars and the third for 1.5 million dollars.

Prosecution said also that Abass used his company, Issardis Ventures, as a front and had not paid tax to the Internal Revenue Service (IRS).

Abass claimed that his company did not pay tax because the vessels were fishing in foreign waters.

Sitting continues on July 31.

Supreme Court to rule on Tsikata's application

Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC)

By William Yaw Owusu

Thursday July 26, 2007
The Supreme Court will on October 30, hear a motion filed by Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is seeking to bring the International Finance Corporation (IFC) to testify in a criminal trial.

The Court of Appeal and the Fast Track High Court have already ruled that the IFC has immunity from the processes of the courts, but Tsikata insists that failure to get the IFC to testify “will occasion a miscarriage of justice.”

Mr. Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991. He is facing another count of misapplying public funds.

Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise Du Development (AFD) in 1991, but defaulted in payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.

Mr. Tsikata has pleaded not guilty to all the charges and is on bail.


When the case was called on Tuesday, the five member panel, chaired by Justice William Atugubah, said that “we just received a letter this morning which on the face of it has been copied to you”, referring to Ms.Getrude Aikins, the Acting Director of Public Prosecutions, who represented the state.


Major R. S. Agbenator (rtd), counsel for Mr. Tsikata, then cut in to say that the essence of the letter which had come from them was that their client had been served to appear before the court at a short notice and they had applied for extension of time to enable them to put across their case.

“We got the notice on July 20 at 10:43 am and by the rules we are entitled to 14 days to reply.”

Justice Atugubah then said “we all agree that four days is not reasonable for you to reply so the matter will be heard on October 30”.

The appeal focuses on the issue of whether or not the IFC should be subpoenaed to testify in the trial.

The IFC had argued that it had immunity from the processes of the country’s courts, a position the trial court and the Court of Appeal had already upheld. But Mr. Tsikata had contended that the refusal to invite the IFC to testify will be "a miscarriage of justice."


The case started in October 2002 with Mr. Osafo Sampong, the then Director of Public Prosecutions as the prosecutor.

In 2002, the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional. This was, after Mr. Tsikata had challenged its constitutionality. The decision was however, overturned later in a judicial review.

Mr. Joe Ghartey is the third Attorney-General after Nana Akuffo-Addo, the current Foreign Minister and Mr. J. Ayikoi Otoo to prosecute the case.

They were all assisted by Mr. Augustines Obuor, an Assistant State Attorney as well as other chief state attorneys.

In all, seven witnesses were called by the prosecution while the defence called one witness in the person of Jean Francoise Arnal, the Country Director of AFD.

There were also two witnesses from the Merchant Bank.

I Lied To The Georgina Wood Committe: Abass

Abass (left) and Tagor (right) attending court from Prisons custody

By William Yaw Owusu

ALHAJI Issah Abass, one of two men standing trial in connection with the missing cocaine from the MV Benjamin vessel, yesterday told an Accra Fast Track High Court that all he told the Justice Georgina Wood Committee last year, were lies.

Abass and Kwabena Amaning, popularly called Tagor, 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 loss of 77 parcels of cocaine from the vessel at Tema Port and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

Seventy-seven parcels of cocaine were allegedly brought into the country on April 26, last year, but 76 allegedly got lost at the break waters of the Tema Port before the security agencies could intercept them.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to 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 in prison custody.

When Ms Gertrude Aikins, acting Director of Public Prosecutions (DPP), took her turn to cross-examine Abass, she made reference to portions of the committee’s report.

Abass then told the court: “I was not open to the committee.”

He said even though he swore an oath, he told the committee that he did not know who had recorded a meeting he and four others had with ACP Kofi Boakye about the missing parcels of cocaine.

Abass, in his evidence to the court last week, revealed that he did the recording.

“I was doing all this because NACOB had promised to rescue me, but I now feel let down,” he said.

Abass further told the court that he did not voluntarily go to ACP Boakye’s house and said it was not true that the participants at the meeting were already seated when he got there. In his evidence-in-chief, he had said the others were already seated and he was the last to join them.

“I am not generally an untruthful person,” he told the packed court.

He claimed that Mr Ben Ndego of NACOB sought his assistance and said he acted as an informant of the NACOB and did not want ACP Boakye to know.

“Tagor and I are not in drug business. I did not introduce or train Tagor in cocaine business. We met at ACP Boakye’s house as brothers,” he said..

Abass said the statements such as ‘let’s find the goods”, and “we have spent a great deal” were part of the bait to get ACP Boakye to talk.

Earlier, led in evidence by Mohammed Attah, his counsel, Abass told the court that the police saw Asem Darke, also known as Sheriff, the man suspected to have imported the 77 parcels of cocaine, but they let him off the hook..

He claimed that long after the cocaine had been off loaded at the Kpone Beach, and based on information from two men he knew, a police team, led by Inspector Justice Nana Oppong, the initial investigator of the case who is currently on interdiction, stormed a funeral grounds at Ada.

Abass gave the names of the two men who helped the police to locate Sheriff and his accomplices as Kolu and Nana Yaw.

He said “the police reneged on their promise to give them 40 million Cedis for providing the information.”

Abass said when he was arrested after testifying at the Justice Georgina Wood Committee, Inspector Oppong and some police officers came to him.

He said: “The police promised that if I help them to get Sheriff they will release me.

“They took me to my office in Tema where I called Kolu and Nana Yaw to assist them because the two men know Tema very well. Initially, they were reluctant but later agreed to assist after I had asked my lawyer to give them 2 million Cedis.

“Inspector Oppong and the team took me and the two around Tema to locate the house of all those involved in the importation of the cocaine brought in by the Adede II vessel and I was left in my office in the presence of one policeman.”

Abass further claimed that it was Mr Ndego of NACOB who told him that the vessel’s name had been changed to Benjamin.

He claimed that based on the information provided by the two men, the police were able to locate the policemen who are now standing trial for allowing Sheriff to escape.

He claimed that the police bought the two men new mobile phones but when the men asked why the police did not arrest Sheriff at the funeral grounds, the phones were taken from them.

“I felt let down by NACOB and the police,” Abass stated.

He told the court that at the meeting in ACP Boakye’s house he hid the recorder under his belt and at a point left the scene to check whether it was recording. “After everything, I drove straight to NACOB to deliver it,” he said.

Abass said he first went to Ndego’s office from where they went to Col Isaac Akuoko (rtd), former Executive Secretary of NACOB, and he handed over the tape in the presence of Sgt. Edward Asante who has testified in the case.

Abass also said when the news broke , ACP Boakye called him from Germany during the 2006 World Cup to enquire from him if he recorded the meeting. Alhaji Moro, one of those who were at the meeting, also called Tagor on the instructions of ACP Boakye to find out about the subject matter.

“From then on I started getting death threats on my phone so I contacted ACP Jonathan Yakubu, the them Tema Regional Commander who advised me to report the matter to the police, which I did at the Tema Community Two Police Station.”

He said the Bureau of National Investigations (BNI) also locked him up for five days before he was handed over to the police “who asked me to write a statement concerning Sheriff and MV Benjamin.”

“I did not tell the committee that I recorded the conversation because I thought NACOB will rescue me at the appropriate time.”

Sitting continues today.

Prosecution Closes Case In Haleem Banda's Case

By William Yaw Owusu

Wednesday July 25. 2007
The prosecution in the case in which Haleem Banda, son of Alhaji the business magnate, Asuma Banda, charged with threat of death and possessing of fire arms and ammunitions without lawful authority yesterday closed its case.

Haleem Banda is standing trial at the Fast Track High Court in Accra and is in police custody.

The court, presided by Justice B.T. Aryeety of the Court of Appeal, adjourned proceedings until July 27, for Haleem to open his defence.

Haleem allegedly threatened to kill Kofi Otchere-Darko, also known as K.O.D, a radio presenter and his friend, Emmanuel Kiki Banson on June 10, at an Accra night club.

In the witness’ box to conclude his evidence was a police forensic expert, Deputy Superintendent Raymond Simpi, who told the court under cross examination by Mr. Addo Attuah, counsel for Haleem, that he could not tell which pistol fired the shell which was picked at the crime scene.

He explained that it was because of his inability to tell the right pistol that he wrote in his report the numerous pistols that were capable of firing that shell.

He said the police also had some of the cartridges fund in Haleem’s room and added that “convention ally, the holster found in Haleem’s room belongs to a pistol.”

He also told the court that he had not been given the pistol allegedly used by Haleem for examination.

East Legon Cocaine Case:Judgement On Oct 25 .

By William Yaw Owusu

Saturday, 21 July 2007
AN Accra Fast Track High Court trying two Venezuelans in connection with 588.88 kilogrammes of cocaine seized in a house at East Legon in November 2005, will give judgment on October 25.

The court, presided over by Justice E.K. Ayebi, at its sitting yesterday, asked both the prosecution led by Ms. Getrude Aikins, acting Director of Public Prosecutions, and defence counsel, Mr. Kwablah Dogbe Senanu, to file their addresses before the end of August.

The accused,, 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, believed to be the brain behind the importation of the narcotic substance, is at large.

Vasquez has been charged together with the two accused persons.

The prosecution invited eight witnesses to testify during the trial while the defence did not call any.

The facts of the case are that, on November 24, 2005, police detectives led by Superintendent Edward Tabiri, acting on a tip-off, went to house number 348 at Mempeasem, East Legon, Accra, and found Mella there.

He was arrested and he led the team to the upper floor of the house where a thorough search revealed. three bottles of ammonized substance which is used to turn cocaine into crack, a vacuum machine used to compress cocaine into compact pieces, 13 gloves, white polythene wrappers and KLM Cargo stickers..

Other items found were brown cellotape, a testing bottle believed to be for testing cocaine, exercise books showing records of sales, and cell phones showing contact numbers of business partners.

When the officers peeped through the key hole of the room opposite that of Mella’s, they saw boxes packed there and therefore requested for the keys but he refused to release it. When the search team forced the door open, a number of compressed and wrapped items in boxes were found which the Ghana Standards Board tested and analysed to be cocaine.

The prosecution said Mella claimed the cocaine belonged to one Shamo or Bude, but investigators later concluded it was Vasquez.

The prosecutor told the court that in another room some of the drugs were found mixed with water and Mella even advised the police to "separate it from the rest of the 588 kilogrammes as the whole thing could get destroyed".

In the course of the search, Castillo came to the house and was also arrested. When his phone was seized, the police found the same number belonging to Vasquez on that phone.

Vasquez and a Dutchman, Vicente Cross, had set up a company called Compitex Limited and each owned 40 per cent of the shares, with the remaining 20 per cent belonging to Grace Asibere Asibi, the Ghanaian girlfriend of Vasquez.

The prosecution further said the company was set up to do import and export business with Vasquez as the Managing Director, but "this business was used as a front for the narcotics trade."

The prosecutor said Vasquez failed to secure entry visas for Mella and Castillo in August last year, but managed to bring Mella in to the country in September 9, the same year.

Areeba Case adjourned to October 31

By William Yaw Owusu


Saturday July 21, 2007
THE Commercial Court in Accra yesterday adjourned to October 31, 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 Management of Texas, United States to claim his shares.

When Mr. Yonnie Kulendi, counsel for the plaintiff took the floor to move a motion for an interlocutory injunction to restrain Areeba from prosecuting the arbitration proceedings, he said he had been served with an appeal by Investcom and could therefore not proceed, saying “in the circumstances we will be guided by the court’s pleasure”.

The court on May 31 dismissed an application for stay of proceedings pending an arbitration filed by Investcom and this is what the first defendant is contesting at the Court of Appeal, fixed for October 24.

The court presided over by Justice Henry Kwofie then said “let us abide by the outcome of the Court of Appeal”

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 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 judgment 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."

Yonnie Kulendi, counsel for Mr. Aggrey then said: "we are by this withdrawing our application for judgment 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.

I gave clue to hidden cocaine-Abass

By William Yaw Owusu

Friday, July 20, 2007
ALHAJI Issah Abass, one of the two men standing trial for narcotic offences yesterday told an Accra Fast Track High Court that he gave the security agents the clue as to where to search for the cocaine on the MV Benjamin vessel.

“A Narcotics Control Board (NACOB) officer called Ben Ndego called me when the search team arrested the vessel and told me that they have searched the whole place without finding anything but he strongly believes the M.V. Benjamin brought cocaine.

“I told him to ask his men to search secrete compartments of the vessel since I also own vessels and within an hour, M4 Ndego called back to thank me and to say that they got one parcel from the hatch,” he said.

Abass was opening his defence in the case in which he and Kwabena Amaning, popularly called Tagor, have been charged with having knowledge about the missing 76 parcels of cocaine from 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 loss of 77 parcels of cocaine from the M.V. Benjamin vessel at Tema port, and another quantity of the substance seized. From a house at East Legon in Accra in November 2005.

The 77 parcels of cocaine were brought into the country on April 26, last years, but 76 were taken off at the break waters of the Tema port before the security agencies could intercept them.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to 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 in prison custody.

Led in evidence by Mohammed Attah, his counsel, Abass also told the court that Mr Nedgo, currently on interdiction, asked him to record a conversation between ACP Kofi Boakye, then Director of Police Operations, and four of them at Boakye’s residence.

Mr Ndego told him that NACOB had put ACP Boakye was under surveillance because the board suspected that the senior police officer went to the Kpone beach with his men to cart the cocaine away.

He told the packed court that he used to visit ACP Boakye at the Police Headquarters in Accra and on one occasion, discussed rumours that ACP Boakye and his policemen had stolen the cocaine.

“When I left ACP Boakye’s office, I quickly called Mr Ndego and told him that from the officer’s demeanour, he must know something about the missing cocaine,” he said

Abass further told the court that he was in ACP Boakye’s office when the police officer called his bodyguard, Ahoto, to search for and arrest Tagor from his house at East Legon because he (ACP Boakye) said he had heard that Tagor and his men had hidden the cocaine.

“I deliberately delayed for Tagor to meet me at ACP Boakye’s office and when I told Mr Ndego about this, he asked me who Tagpr was”.

Abass claimed that Tagor met Ahoto at ‘On the Run,’ Legon, at 7pm where Ahoto asked Tagor to co-operate with his boss ACP Boakye.

“I told Tagor not to be scared because ACP Boakye was under surveillance.’

Abass told the court that it was Mr Ndego who sent his driver to meet him at the Cantonments Post Office with the recorder, saying “it was a dark brown Sony recorder.”

“When I got to ACP Boakye’s home, the other participants were already seated, and before moving from my car, I switched on the recorder. I then called Mr Ndego who told me he had his men around,” Abass said.

He tendered in evidence his business certificates and told the court that he supplied the police with vehicles, motor bikes ands tyres and said the police still owed him.

The court, presided by Justice Jones Dotse of the Court of Appeal, adjourned proceedings until July 24 for Abass to continue with his cross-examination.

Before Abass took his turn, his co-accused, Tagor had completed his cross-examination by prosecution led by Ms Getrude Aikins, Acting Director of Public Prosecution.

The prosecution then tendered, through Tagor, documents covering his property which included eight houses in Accra, four of which are under construction a Hammer car and a Dodge Ram pickup.

The defence team led by Mr Ellis Owuso Fordjour, has objected to the tendering of the documents but the court overruled it, saying the prosecution was able to lay proper foundation before the documents were asked to be tendered.

Tagor told the court that he would not be surprised if Abass had told the Justice Georginas Wood Committee that he (Abass) only got to know about the recording when ACP Boakye told him about it.

He added that he felt relaxed at the committee because he did not know that the new Chief Justice was so powerful.

Tagoe further said that at the meeting they mentioned many names and denied that he mentioned Owusu as having come from a Palace in Kumasi to meet him in Accra.

When he was asked to explain the jargon such as “good”, “business” among others on the tape, Tagor said “ they mean nothing “ but later said the word “goods” referred to drugs

TRIAL OF 2 UK GIRLS BEGINS

By William Yaw Owusu
Thursday, 19 July 2007
SCORES of people, including journalists, yesterday defied an early downpour and thronged an Accra Fast Track High Court in Accra where two British teenage girls were initially arraigned for attempted exportation of cocaine to the United Kingdom.

But the journalists, both from the local and foreign media, were particularly disappointed when they were told by court officials that they could not cover the proceedings because the girls were juveniles.

In Ghana, there are no physical structures specifically designated as juvenile courts but the Criminal Justice System allows the creation of one when the need arises.

In this regard, any courtroom could be used as a juvenile court and proceedings there are always in camera.

The juvenile court is normally handled by a three-member panel including a social worker, and presided over by a magistrate.

The court has jurisdiction to try offences committed by people who are under 18 years (minors).

As early as 8 am, the two girls both 16 who are of Cypriot and Nigerian parentage, respectively, were brought by officials of the Narcotics Control Board (NACOB) and kept in Cell One of the Fast Track Court.

The two girls had covered their faces with their jackets.

The court, presided over by Justice Frank Manu, routinely discharged them at the request of the prosecution and the case was handed over to the Juvenile Court which commenced proceedings immediately on the same charges.

When the Juvenile Court took over, Evelyn Keelson, a State Attorney, told the panel that the prosecution needed one week to conduct thorough investigations, including a report of a forensic test of the substance by the Ghana Standards Board.

Their pleas were not taken and they were remanded into police custody until July 26.

The two were arrested at the Kotoka International Airport by NACOB on July 2, allegedly with a total of six kilogrammes of suspected cocaine hidden in their laptop computer bags, each of which allegedly contained three kilogrammes of the substance.

TAGOR EXPOSES ABASS...Over Secret Recording

By William Yaw Owusu

Wednesday, 18 July 2007
Alhaji Issah Abass, one of the two men standing trial for narcotic offences, has been named as the one who secretly recorded the conversation between ACP Kofi Boakye, then Director of Police Operations and some suspected narcotic drug dealers.

The meeting took place at ACP Boakye’s official Kanda residence on May 15, 2006.

Kwabena Amaning, popularly called Tagor, an accused in the case and who also participated in the meeting, made the disclosure yesterday when he opened his defence at an Accra Fast Track High Court.

Tagor, led in evidence by his counsel, Nana Asante Bediatuo, told the packed court that Abass had told him that Narcotics Control Board (NACOB) had told him that they had placed ACP Boakye under surveillance and had consequently asked him to record the senior police officer secretly.

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 loss of 77 parcels of cocaine from M.V. Benjamin vessel at Tema Port and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

A meeting allegedly held at ACP Boakye’s residence by him and four suspected narcotic barons prior to the commencement of the committee sitting, was said to have been secretly recorded by an unknown person. The recording formed the basis for the establishment of the committee.

Seventy-seven parcels of cocaine were allegedly brought into the country on April 26, last year, but 76 got lost at the break waters of the Tema Port before the security agencies could intercept them.

Tagor is facing four counts of conspiracy, engaging in prohibited business related to 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 in prison custody.

"Before we met at ACP Boakye’s house, I met Abass at Golden Tulip Hotel in the morning and he showed me the recorder which he was going to use on the instructions of a NACOB official called Ben.

"All we were doing was to bait ACP Boakye to talk so that we can record him," Tagor said.

Touching on his involvement in the meeting, Tagor told the court that sometime last year, the police posted a notice at his East Legon house requesting him to see ACP Boakye at the Police Headquarters but he went there the following day with Kwabena Acheampong, the first prosecution witness.

"When we got to the Police Headquarters, ACP Boakye sent his bodyguard called Ahoto to come for us and on reaching the reception to his office, Ahoto stopped Acheampong from entering so I entered the ACP’s office alone.

"Just as I was entering that office, I saw Abass also leaving the same office and when I got in, ACP Boakye commanded me to sit down."

ACP Boakye, he said, accused him of not going to pay homage to him since he came down to Ghana and reminded him to know that anybody who comes down pays homage to him.

Tagor claimed that a lady officer then entered the office and ACP Boakye pretended he was having a friendly conversation with him but immediately the lady left them, ACP Boakye renewed his accusation.

"He then said he had heard that I was spreading rumours that he had gone unto the MV Benjamin to take cocaine and that I should tell him the truth or I will see today."

Tagor claimed that, at that point a man, with Nigerian accent, entered the office and after he had left, ACP Boakye continued threatening him.

Tagor said ACP Boakye had a powdery substance on his desk which he rubbed in his face and he looked very angry.

"He said I had a business with Abass which I denied and he then ordered me out of his office and said ‘I will call you.’

"When I stepped out, Acheampong asked me what the problem was and I told him, after which he said Abass had said I should call him.

"When I met Abass on the Spintex Road, he told me that ACP Boakye did the same thing to him and added that the ACP had a question mark on him."

"Later Ahoto called me to meet him at On the Run, Legon, and when I went, (he) Ahoto said we have to be one with Commander (ACP Boakye) since he can protect me but I was scared.

"I then visited my grandmother in Kumasi where Alhaji Moro called me to meet him at his car park at Nhyaeso which I did.

"I sat in his car and he called ACP Boakye for me to listen to what he was saying through a speaker phone. I heard ACP Boakye ask Alhaji Moro to bring me to Accra if he got me."

He said "we planned to bait ACP Boakye to talk so that Abass could record him for NACOB."

He claimed that it was ACP Boakye who instructed them to put their ears on the ground about the missing cocaine and added that he did not have a driver who bought a house.

"At the meeting, whatever I said was part of the plan to get ACP Boakye to talk because the NACOB said they suspected him and I also do not know the Colombians that ACP Boakye talked about."

Just then, his counsel said he had nothing more to ask Tagor. But Tagor continued saying "after the meeting, I left with Moro to eat while Abass took the tape to NACOB."

"Abass later called me to say that he listened to the tape on his way to NACOB and he realised that he does not think ACP Boakye knows about the missing cocaine."

The prosecution, led by Ms Gertrude Aikins, Acting Director of Public Prosecutions (DPP), then told the court that investigations had revealed that Tagor had changed his name a number of times during and after his secondary school days.

The prosecution said at Pope John’s Secondary School in Koforidua, Tagor was called Ernest Henry Osei, St Augustine’s College, Cape Coast, he was known as Ernest Kwabena K. Osei and when he opened his business Cross Trade Investments Limited, he registered with the name Kwabena Amaning Kwarteng.

Tagor explained to the court that he got the Osei from his step-father but acquired the name Amaning from his deceased father.

He said he left Ghana for the United States with a passport that did not belong to him and said he stayed in New York and Maryland.

He said he had been Kwabena Amaning since he returned to Ghana in December 2004.

He admitted that he had been in prison custody with Abass and had discussed the matter but told the court "the story I am telling is not a fabrication."

He claimed that he knew of the secret recording but did not tell the Justice Georgina Wood Committee because NACOB was going to rescue them.

He said he owned a house at East Legon but denied having other houses in various parts of Accra. ‘I did not return to Ghana to establish cocaine business."

However, he admitted that what they discussed at the meeting was cocaine and confirmed that the references to ‘goods’ and ‘keys’ related to drugs.

Tagor also said the tape recording was known to him and Abass alone.

The court, presided over by Justice Jones Dotse of the Court of Appeal, adjourned proceedings until tomorrow for the prosecution to continue cross examination of Tagor after which Abass will take his turn.

Korle Bu Boss, 5 Others Sued

By William Yaw Owusu

Wednesday July 18, 2007
MORE than 400 health workers including 42 doctors at the Korle-Bu Teaching Hospital (KBTH), have sued the Chief Executive of the hospital, Professor Kwabena Frimpong-Boateng and five others for alleged fraud.

The plaintiffs filed the suit at an Accra High Court on May 17, claiming that the defendants have failed to give them plots of land they made contributions to buy from them at Oyibi, near Accra.

But the defendant say the workers’ resort to court action was premature since negotiations between the parties to settle the matter were on-going.

The court, presided over by Justice Lartey Young, has endorsed the effort to settle the matter out of court and has given the parties up to July 27 to inform it of the outcome.

Apart from Prof. Frimpong-Boateng, the suit also cites Dr B.D.R.T. Annan, Director of Medical Affairs, Christopher Nartey, Director of Administration, Emmanuel E.B. Kakabaah, Director of Finance, Alex Arhin, Secretary of Oyibi Land Committee, as well as the Korle Bu Teaching Hospital.

The plaintiffs want an order to compel the defendants to issue them with registered documents covering the plots of land they bought from them and another order to compel the defendants to put the plaintiffs in possession of the land they have paid for.

If these demands cannot be met, the plaintiffs would want a court order compelling the defendants to refund to them all the monies collected from them meant for the purchase of the lands, general damages for fraud, interest on the amount paid, as well as cost.

After waiting for sometime without a response from the defendants, the plaintiffs filed a motion in June for judgements in default of defence but the defendants also filed an affidavit in opposition to that motion for judgement in default of defence.

The defendants argued that upon receipt of the court‘s processes in the substantive case, they entered into negotiations “to settle and resolve the matter.” They said that the negotiations were on-going and it was premature for the plaintiffs to return to court to pursue the matter.

The defendants further said “efforts are being made to have a lease of the said plots of land in the name of the KBTH board to enable them assign their interest to the plaintiffs.” They argued that “the writ of summons and the accompanying statement of claim do not disclose any reasonable cause for action against the hospital since in law, the hospital is not the proper entity to be sued.”

They also argued that the two parties did not agree on any specific schedule for the registered documents covering the plot of land to be issued to the plaintiffs in any agreement for sale of land and to put them in possession of the said lands, adding that they had failed to exhibit it in their affidavit in support of their claim.

“The defendants have not perpetrated any fraud on the plaintiffs. The whole transaction is purely an in-house matter.”

The court, presided over by Justice Lartey Young asked the two parties to make an attempt to settle the matter out-of-court and bring the outcome to the court on July 27.

In their statement of claim, the plaintiffs said the defendants published in the ‘Korle Bu Bulletin’ and on various notice boards an announcement that they (defendants) have secured a large tract of land at Oyibi on the Katamanso road for allocation to members of staff on hire purchase basis.

They claimed they paid ¢8 million per plot and the first deduction which is the deposit fee of ¢1 million was effected through the February 2004. Additional Duty Hours Allowance (ADHA) and the balance of ¢7 million spread over a period of eleven months.

They said the monies were deducted at source to meet the payment of their respective plots and in the process, the price per plot was increased to ¢10 million including additional ¢2 million charged each of the plaintiffs to support administrative and documentation processes.

Plaintiffs said after completion of full payment, the defendants organised batches of field trips to the land to show them their respective plots and some of them were issued with documents which were withdrawn by the defendants because they were found to be fake.

They said after waiting for a while without getting their plots of land, they wrote reminders to the defendants but they received no favourable response and added, “by giving the plaintiffs the impression that the defendants had control, management and ownership of the land which they apparently did not and to which they invited the plaintiffs to make payments, the defendants have willfully defrauded the plaintiffs.

“By organising trips for the plaintiffs to view the land, thus assuring them of the legitimacy of the entire transaction, and failing to fulfill their part of the bargain, the defendants ought to be deemed to have defrauded the plaintiffs.”

The Areeba Case : Court of Appeal dismisses Investcom's application

By William Yaw Owusu

Monday May 16, 207
THE Court of Appeal has dismissed a motion filed by Investcom Consortium Holdings S.A, majority shareholders of Scancom Limited, operators of Areeba mobile phone service in a case in which David Andreas Hesse, is suing for breach of a shareholders’ agreement at the Commercial Court in Accra.

The three member panel presided over by Justice Henrietta Abban (Mrs.) also awarded ¢5 million cost against Investcom.

Investcom filed the application for extention of time within which to file an appeal against the Commercial Court’s decision not to allow them to go on arbitration with Mr. Hesse in London

Mr. Hesse, a lawyer, handling his own case, filed the substantive suit against Investcom and Areeba on November 29, last year, and sought, 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 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.

He again filed a motion for an interlocutory injunction to restrain Areeba from convening an extraordinary meeting to remove him as a director of Areeba, pending the determination of the suit but this was dismissed by the court on February 19.

Areeba in their affidavit in support of the motion filed on March 13 to strike out some of Mr. Hesse’s pleadings in the substantive suit, had argued that the claims by the plaintiff on behalf of Scan Construction Limited which is a limited liability company was a non-party to the present proceedings since that company is a legal entity.

Moving the motion, Investcom represented by Mr. Felix Ntirakwah argued among other things that the Commercial Court erred in failing to abide by clear direction of the Supreme Court that courts must strive to uphold dispute resolution clauses in agreements.

Mr. Hesse on the other hand opposed the defendant’s application saying the move was calculated to stall the speedy trial of the substantive case before the Commercial Court.
Dismissing the motion last week, the court whose unanimous decision was read by Justice Mariama Owusu described Investcom’s application as “incompetent”.

The panel said they had gone through the issues and had come to the conclusion that once the appeal was not filed properly before them, the court will have no discretion in extending the time.

“From the affidavit before this court, from February 1, to the time when the application for extention of time which is to appeal was filed on March 21, was filed is more than 21 days. I do not think that the makers of the rules failed to insert a provision for 21 days to be calculated from the date of the grant of leave, for no apparent reason”.

The court said the understanding reached by the parties that new lawyers be allowed ample time to study the brief did not mean filing wrong processes.

Runaway Investigator Grabbed Over Coke Case

By William Yaw Owusu

Friday, 13 July 2007
DETECTIVE Inspector Justice Nana Oppong, the initial investigator in the MV Benjamin, case who absconded last June to avoid prosecution for his alleged involvement in the cocaine deal has been arrested and detained at the Police Headquarters.

A source at the Police Criminal Investigations Department (CID) said he reported himself at about 2.30 pm yesterday and was immediately detained

Inspector Oppong before his interdiction in April by the Police Administration, investigated the importation of 77 parcels of cocaine into the country found on the MV Benjamin vessel.

He was among the nine policemen and a civilian who were put before an Accra Circuit Court last May for allegedly dealing in cocaine.

Those who were charged included Lance Corporals Ekow Russel, George Akoi, Isaac Annang, Dominic Amedzah and Anthony Agyei.

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

The Attorney-General in June filed a nolle presequi (unwilling to pursue) before the current court and they were all discharged and soon re-arrested to be put before an Accra Fast Track High Court.

However, it was only Russel and the civilian, Maxwell Antwi who were arraigned before court for trial which has since commenced.

When news broke t hat all the policemen had been re-arrested, Inspector Oppong allegedly absconded and only surrender yesterday.

The source said he is yet to be interrogated.

Fresh Charges For Mrs.Rawlings And Others

By William Yaw Owusu

Friday July 13,2007
The trial of Nana Konadu Agyeman Rawlings, former First Lady and five others for their involvement in the divestiture of Nsawam Cannery, took a new twist yesterday when the prosecution withdrew the charges against all the accused persons and replaced them with fresh ones.

It is the second time that the prosecution, led by Joe Ghartey, Attorney-General and Minister of Justice, has withdrawn charges against the accused persons.

Nana Konadu is being tried with Kwame Peprah, former Finance Minister and Chairman of the Divestiture Implementation Committee (DIC), and Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC.

The rest are Thomas Banson Owusu, former DIC Accountant, Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL) as well as the CDCL itself.

They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary; all of CDCL but the A-G withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

On the new charge sheet, Mrs. Rawlings, Ms. Ayittey and CDCL are facing eight counts of conspiracy, causing loss to public property dishonestly, obtaining public property by false pretences, obtaining public property by false statement, conspiracy to alter forged documents and altering forged documents.

Mr. Peprah on the other hand faces three counts of conspiracy to cause a loss to public property dishonestly, causing loss to public property and conspiracy to obtain public property by false pretences.

Mr. Agbodo is charged with 10 counts of conspiracy, stealing, intentionally causing loss to the property of public body, causing loss to a public body by dishonesty, causing loss to public property by dishonesty and conspiracy to obtain public property by false pretences while Mr. Owusu faces six counts of conspiracy, and stealing.

All the accused persons pleaded not guilty and were granted bail in their own self-cognisance.

Following the new charges, the motion filed by Mr. Peprah on grounds of immunity could not be moved by Nana Agyei Ampofo, his counsel.

The court explained that Mr. Peprah’s application could not be moved because the motion was premised on the withdrawn charged sheet, adding that defence counsel was at liberty to file a fresh application.

In Mr. Peprah’s motion he had averred that he was indemnified under Section 15 of the Divestiture of State Interests (Implementation) Act 1993 (PNDC Law 326).

After taking the plea of all the accused persons, Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL, asked the court for an adjournment to enable him to study the new charges.

Mr. Ghartey told the court that the prosecution will call seven witnesses. Giving the facts of the case, Ms. Getrude Aikins, Acting Director of Public Prosecutions said “the prosecution will lead evidence to show that the transaction between CDCL and DIC has not been appropriately done.”

Justice Paul Baffoe Bonnie, adjourned proceedings to July 31, and gave notice that he will have to seek clearance from the Chief Justice before he can sit during the legal vacation which will start on August 1, 2007.

Mrs. Rawlings and all the other accused persons were present in the court amid tight security as the room was filled to capacity by sympathisers including three of her children.

The East Legon Cocaine Case

By William Yaw Owusu

Friday, 13 July 2007
THE Prosecution in the case of two Venezuelans on trial for the seizure of 588.88 kilogrammes of cocaine from a house in East Legon, Accra, on Wednesday completed the cross-examining of Joel Mella, 40, one of the accused.

Mella and Halo Cabezza Castillo, 40, are standing trial, charged with four counts of conspiracy, importation and pocessing narcotic drugs without lawful authority.

They have pleaded not guilt y and are on remand.

Another Venezuelan, David Duarte Vasquez, boyfriend of Grace Asibere Asibi, the informant of the case, who is believed to be the brain behind the importation of the narcotic substance and is still at large, has been charged together with the two.

Completing his cross-examination Mella told the court that it was Noble Dosoo, husband of Vasquez’s secretary, who invited him to Ghana to do diamond business but the prosecution says it was Vasquez who brought the accused and Dosoo had picked him up at the airport on the instruction of the fugitive.

He denied that Vasquez seized his passport so he would not escape with the cocaine found in the East Legon house.

Mella further told the court that he had not heard about "blood diamonds" and did not know about the Precious Minerals Market Company (PMMC) which controls diamond sale in the country.

Next to mount the witness’ box was the other 3 Venezuelan, Halo Cabezza Castillo, 40, a trader, who told the court that he came to Ghana as a tourist in November 2005.

When Castillo took his turn, he claimed that when he arrived he was put in a hotel at Achimota but the police says he had just been offered a room at the floor of the East Legon house where the cocaine was seized.

Led in evidence by his counsel, Kwabla Dogbe Senanu, Castillo told the court that he was walking in a street in East Legon on November 24, 2005 with a lady when he was arrested by the police.

"On the street I saw a lot of policemen and police cars. It was in this process that a policeman called Commey stopped me and arrested me," but the prosecution says it has led evidence to establish that Castillo entered the house where the cocaine was before he was picked.

"When they arrested me, they took the phone that my friend called Marco gave me and also collected a complimentary card with numbers," but police again say the phone was given to the accused by Vasquez.

Although Castillo claimed that he lived in a hotel in Achimota, the prosecution says he could not lead the police to the hotel where he was.

The prosecution further submitted that he had failed to tell the police where his passport was but Castillo told the court "I have my passport and will produce it at the next adjourned date."

The court, presided over by Justice E.K. Ayebi then adjourned proceedings until today for Castillo to be cross-examined by Ms Gertrude Aikins, acting Director of Public Prosecutions (DPP).

DEADLY CATRIDGES FOUND IN HALEEM'S ROOM

By William Yaw Owusu

Tuesday, 10 July 2007
A Police forensic expert has described as deadly, blank cartridges the police found at the residence of Haleem Banda, son of the business magnate Asuma Banda.

Haleem Banda is standing trial at the Fast Track High Court in Accra for threat of death.

The Forensic expert, Deputy Superintendent Raymond Simpi told the court: "I worked on exhibits forwarded to the laboratory and the blank cartridges among them are deadly. They can kill or make people go blind when fired."

The police officer, the sixth prosecution witness, was testifying in Haleem’s trial for threatening to kill Kofi Otchere-Darko, popularly called K.O.D., a radio presenter and his friend Emmanuel Kiki Banson at an Accra night club.

Haleem, who has pleaded not guilty to four counts of threat of death and possession of arms and ammunition without lawful authority, is in police custody.

Led in evidence by Ms Barbara Sackey, a State Attorney, DSP Simpi told the court that he received the exhibits for analysis on July 5 and was asked to determine the type of weapon which discharged the cartridge and the weapon in which the holster which was also found in the house is capable of housing.

He said he conducted a test on the nine millimetre empty cartridge allegedly fired by the accused person at the night club but the police did not give him the gun from which it was fired.

At this point, Mr Agbesi Dzakpasu, counsel for Haleem, asked the court for an adjournment to enable him to crosscheck the forensic report with an independent witness.

Another policeman, Detective Constable Obed Samah, of the Violent Crime Unit at the Police Headquarters, told the court that he was part of the team that searched Haleem’s residence at Tesano in Accra.

"We found nine blank ammunitions, four live cartridges, a pistol and a holster in his hall, together with an expired registration receipt of a pump action gun."

He said when Haleem was questioned about the whereabouts of the gun, he said his girlfriend, Alice, had come for it but he could not lead the police to get the gun from Alice.

Cross-examined by Mr Dzakpasu, the witness said he did not know if Alice brought the gun to the police.

Earlier in his testimony the fourth prosecution witness, Kiki Banson, told the court that he was threatened with death by Haleem without any provocation.

He said Haleem was a customer at his former night club, Cinderella and had known him for sometime. He was with his friend Kofi Otchere-Darko, on June 10, when the incident happened.

Haleem insulted him continuously amid threats of death, witness said and added that, when they stepped outside and were about to leave the premises, Haleem who had followed them hit Mr Otchere-Darko.

"I saw him remove a gun and fired three times, prompting me to call the police," he told the court.

He said under cross-examination that there were about 100 people in the night club which was noisy but "I heard him say I will kill you."

The court presided over by Justice B.T. Aryeetey of the Court of Appeal adjourned proceeding until July 12.

es In Haleem's Room

KWAME PEPRAH PLEADS IMMUNITY


By William Yaw Owusu

Tuesday July 10, 2007
Mr. Kwame Peprah, a former Finance Minister, standing trial together with Nana Konadu Agyemang Rawlings, former First Lady and four others for their alleged involvement in the divestiture of Nsawam Cannery has asked the court to acquit and discharge him because he claims he has immunity.

Additionally, Mrs. Rawlings and her co-accused, Hanny Sherry Ayittey and Carridem Development Company Limited (CDCL) have also filed for a stay of proceedings in the matter but the application was yet to get to the Fast Track HighCourt presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal.

Ms Rawlings is on trial 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 Okaitey, 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.
When the case was called Nana Agyei Ampofo counsel for Mr. Peprah said they filed the motion on notice for dismissal of the charges against his client on June 27 but Ms.Gertrude Aikins the Acting Director of Public Prosecutions (DPP) who is the prosecutor said she had just been given a copy of the application and needed an adjournment to reply.

The court accepted the prosecution's position and adjourned proceedings until July 12 for the application to be moved.

Before the court adjourned proceedings Mr. Tony Lithur, counsel for Mrs. Rawlings, Ms. Ayittey and CDCL also said they filed the application for stay of proceedings on July 6, and yet to get to the court.

In Mr. Peprah's motion he argued that the duty he performed regarding the divestiture of Nsawam Cannery was a duty commended by law and a refusal to do it would have been unlawful adding that the divestiture of state interests (implementation) Act 1993 PNDCL 326 established the DIC with Section 4 (2) giving directions as what to be done.

'The decision to divest the interest and the Presidential approval were made and given before I became Chairman of the governing body of DIC' explaining that Nsawam Cannery was established by statute and the interest of government in it was accordingly created by statute.

He said he is indemnified against court proceedings in respect of any act or omission arising out of the disposal of the said government interest in Nsawam Cannery by reason and operation of Section 15 of the Divestiture of State Interests Act, describing the charges as illegal.

Mr. Peprah further asked the court to make orders prohibiting the government from disturbing him in matters relating to the performance of his function ac Chairman of the governing board of the DIC.

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

Banda in court for threat of death

By William Yaw Owusu

Thursday July 5. 2007
KOFI Otchere-Darko, a radio presented popularly called KOD yesterday told an Accra Fast track High Court that Haleem Banda, son of Alhaji Asuma Banda, a business magnate threatened o kill him at a night club by pointing a gun at him.


The accused gave me a blow and on my way down, he fired three warning shots after which he again pointed the gun first at my neck and then at my head amid insults."

Mr. Otchere-Darko was testifying in the case in which Haleem Banda has been arraigned before the court for threatening to kill the witness and his friend, Emmanuel Kiki Banson.

Haleem, who is currently in police custody, pleaded not guilty to four counts of threat of death and possession of arms and ammunition without authority.

The police said Haleem, manager of Ports Handling Company on June 10, went to a night club at Cantonments in Accra and threatened to kill Otchere-Darko and Banson.

Led in evidence by Mrs. Stella Badu, a Senior State Attorney, Mr. Otchere-Darko who is the fist prosecution witness told the court that the complainants were at the night club when Haleem, without any provocation insulted Banson and threatened Banson's friend with death.

Mr. Otchere-Darko said when he enquired from Haleem the reason for his outbursts he angrily asked him to shut up.

"We subsequently stepped out of the club but within 20 minutes, Haleem came at us with more insults."

"I told him not to disrespect me because he did not know me from anywhere but in the process he gave me a blow and on my way down I heard three gunshots. He later pointed the weapon first at my neck and later at my head," Otchere-Darko further narrated.

The witness said, Haleem then left him and followed Banson into the night club with the gun and after some minutes came back and sped off, adding "he almost knocked me down when leaving the scene."

Cross-examined by Mr. Agbesi Dzakpasu, counsel for Haleem, witness told the court that it was a traumatic experience and whatever he told the court was not an after thought.

Next in the witness box was Sameul Lankwei, a security/bouncer at the night club. He told the court that he saw Haleem with the gun and heard three gunshots.

"I heard three gunshots at the car park and saw people running for cover. I saw Banson enter the night club and saw Haleem follow with a gun but when I tried to question him about the weapon, he asked me to leave him alone.

"I followed him to notify my colleague who was inside the club to keep an eye on Haleem and in the process, I overheard the accused say 'where is he'.

Under cross-examination, he told the court that he was not at where the gun was fired but saw the accused with the gun.

When Sly Abugabi, also a security/bouncer took his turn, he told the court that he saw Haleem with a gun and the accused shouted "where is the bastard. I will kill him, adding that he was looking for Banson.

"I followed Haleem around the club but he did not find Banson before the police came in by which time he had left."

The court, presided over by Justice B.T. Aryeetey of the Court of Appeal, adjourned proceedings for the prosecution to call the next set of witness.

Cop makes third appearance in coke case

By William Yaw Owusu

Thursday July 5, 2007
LANCE Corporal Ekow Russel, one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, was for the third time arraigned before an Accra Fast Track High Court on Tuesday.

In the dock with him was Maxwell Antwi, a car dealer, who the police believed the narcotic drugs were supplied to by the policeman.

On June 27 and June 29, the court presided over by Justice S.Y.Anim of the Court of Appeal could not proceed with the case because on both occasions, counsel for the accused were not present in court.

But on Tuesday when defence counsel was in court, the case got underway with Antwi pleading not guilty to possessing narcotic drugs without lawful authority.

Russel also pleaded not guilty to three counts of possession of narcotic drugs without lawful authority, supply of narcotic drugs without lawful authority and dealing in prohibited business related to narcotic drugs.

Russell and seven other policemen together with Antwi first appeared before an Accra Circuit Court in May but were discharged by the court on June 21, following a "nolle prosequi" (unwilling to pursue) application filed by the Attorney-General's Department.

They were however re-arrested immediately on the orders of the AG and arraigned before the Fast Track court.

However it was only Russel and Antwi who were arraigned for trial at the Fast Track court.

Those yet to be charged 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 of the Accra regional Police Command.

The police are also striving to arrest Detective Inspector Justice Nana Oppong who is alleged to be involved in the case.

He is on interdiction but absconded when news broke that his colleagues had been re-arrested.

Mrs. Evelyn Keelson, a State Attorney presenting the facts, said on March 27, Antwi was arrested by the police with a whitish powdered substance which was later tested and found to be cocaine.

During interrogation, he alleged that was part of the 900 grammes of cocaine given to him by Russel to sell for the policeman and claimed he had already sold some quantities and given the proceeds to Russel.

Russel, when picked, allegedly confirmed that he had given the cocaine to Atwi to sell for him after he seized the narcotic drugs from some Nigerian drug dealers.

Prosecution said investigations revealed that on January 16, Russel together with a team of policemen and accompanied by some Nigerian informants arrested Sebastian Uba, also a Nigerian with eight slabs of cocaine.

Russel, according to the prosecution, asked his colleagues to position themselves outside Uba's house while the accused entered with the informants.

"While his colleagues sent the suspect to the police station, Russel and the informants drove in one car towards Achimota with the cocaine and when they got to a point Russel distributed the drugs among the informants."

Russel allegedly gave give slabs of the cocaine to the informants, brought one to the office and kept two thus creating the impression that he had seized only one slab from Uba.

Mrs. Keelson further told the court that Uba escaped from police custody on January 31 when Russel was instructed to bring the fugitive to the Regional C.I.D. office for investigations.

The prosecution will from July 9 call six witnesses to testify.

The Areeba Case: Grandview Withdraws Application

By William Yaw Owusu

Wednesday, 04 July 2007
THE Commercial Court in Accra yesterday adjourned until July 19, 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, has sued the telecommunication giant together with Investcom Consortium Holdings S.A. of Beirut, Lebanon, majority shareholders in Areeba, as well as Grandview Management of Texas, United States, to claim his shares.

When the case was called, Mr. Thaddeus Sory, counsel for Grandview, told the court, presided over by Justice Henry Kwofie, that after conferring with his clients, they had decided to withdraw the application for interlocutory injunction to restrain Investcom and Mr Aggrey from going ahead to London for arbitration.

But Mr Benson Nutsukpui, counsel for Areeba, wanted the court to award cost against Grandview to which Mr. Sory reacted: "I was unable to proceed because of the processes that Areeba filed after our application: It is their act that has put us in this situation."

The court thus granted Grandview’s submission as having withdrawn the application and did not award any cost because Mr. Aggrey was reported to have filed another application and that was confirmed by Mr. Nutsukpui.

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

On July 14, last year, Justice Kwofie 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 on July 24, last year, filed an application 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 on December 8, dismissed it and awarded ¢10 million cost against Areeba.

Areeba then went to the Court of Appeal to challenge the trial court’s decision and that was again dismissed by a three member panel on March 27, which awarded ¢5 million cost against the appellant.

Plaintiff then filed an application for judgement in default of a defence against Areeba but the second defendant filed a counter 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 ¢5 million each against Areeba and Investcom in favour of the plaintiff on April 30.

Cocaine Trial: Court Adjourns Case Against Cop

By William Yaw Owusu

Saturday, 30 June 2007
For the second time running, the court case involving Lance Corporal Ekow Russel, one of the nine policemen interdicted by the Police Administration in April for allegedly dealing in cocaine, could not be heard.

The Fast Track High Court presided over by Justice S.Y. Anim of the Court of Appeal, was compelled to adjourn proceedings because the defence counsel was not present in court.

It was after the court had adjourned proceedings that Captain Nkrabea Effah Dartey (rtd) and Mr Agyei Lartey entered the court room to announce their representation of Russel.

But the judge who had by that time adjourned proceedings until July 3, said the court could not proceed because counsel for Maxwell Antwi, a car dealer who has been charged together with Russel, was also not in court.

The police suspect Russel supplied that Antwi with the narcotic drugs.

Russel and seven other policemen together with Antwi appeared before an Accra Circuit Court in May and were remanded into police custody.

They were discharged by the court on June 21 following a ‘nolle prosqui’ (unwilling to pursue) application filed by the Attorney-General’s (AG) department.

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 on June 27, it was only Russel and Antwi who were arraigned for trial.

Those who remain discharged 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 AG’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.

Russel and Antwi are still in police custody.

The court could not take their plea for the prosecution to present the facts on their first appearance because the accused persons’ counsel said they were not aware that they were to appear before the court.

Their plea was still not taken yesterday.

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.