Ndego asks Abass to provide air ticket

By William Yaw Owusu

Friday August 24, 2007
BEN Ndego, operations officer of the Narcotics Control Board (NACOB), has asked to be provided with an air ticket to enable him to return home t o testify in a cocaine case before the Accra Fast Track High Court.

Mr Ndego, who is on interdiction over the loss of five kilogrammes of cocaine, is currently in the United Kingdom pursuing further studies.

He was subpoenaed with Colonel Isaac Kwasi Akuoko (rtd), Executive Secretary of the NACOB who is also on interdiction, at the instance of Alhaji Issah Abass, one of the two men on trial for narcotic offences.

Colonel Akuoko testified before the court on August 14.

When the case was called yesterday the trial judge, Justice Jones Dotse, of the court of Appeal, announced that the court had received a letter dated August 23, 2007 from solicitors of Ndego and asked the registrar of the court to read the contents.

The registrar said the letter was written and signed by Derry and Co. legal practitioners, consultants and notary public.

In the said letter, Ndego admitted that his attention had been drawn o the subpoena issued by counsel for Abass and published in a daily newspapers but said he could not attend to testify because he was outside, the courts jurisdiction.


He, however, said he was willing to appear before the court to appear before the court to testify, if his travelling expenses from the UK to Ghana will be borne by those inviting him.

After the registrar read the letter, the judge asked Mohammed Attah, counsel for Abass for his views on the new development.

In response, Mr Attah said: “We see this as an attempt to prevent us from bringing Ndego. Although on interdiction, he is still an officer of the NACOB.”

The judge said it was out of place for counsel to make such submission because it was the defence which was insisting on getting Ndego to testify.

Mr Attah then asked the court to order NACOB to recall Ndego for the purposes of the trial, but Justice Dotse again declined, saying “it is a request which the court cannot grant. The court has no jurisdiction over NACOB with respect to the interdiction of Mr Ndego.”

Counsel then asked the court to adjourn proceedings to enable his team to confer with solicitors of Ndego on the way forward. The court obliged and adjourned to August 29.

It court asked Mr Attah to come back with “concrete” information on Ndego. “or the court will deem it that you have closed your case.”

Abass is charged together with Kwabena Amaning, popularly called Tagor, with having knowledge about 76 parcels of cocaine but got missing from a fishing vessel that docked at the breakwaters of the Tema Port in April last year.

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 and another quantity of the substance, seized from a house at East Legon in Accra in November 2005.

The setting up of the committee came about as result of a meeting allegedly held at the residence of ACP Kofi Boakye, then Director of Police operations, with four persons including Tagor and Abass, which was secretly recorded by an unknown person.

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

Abass, on the other hand, 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.

Before Mr Ndego’s issue came up, a man called Kingsley Manteaw, popularly called Golu whose name Abass mentioned as having helped the police to arrest some suspects involved in the importation of the 77 parcels of cocaine, also testified at the instance of Abass.

Manteaw who is in police custody for the murder of Nii Kwatei Quartey a retired PWD official recently told the court that he and another witness had led the police to Ada where Sheriff Asem Darke the police’s most wanted man in connection with the importation of the cocaine was attending a funeral.

He told the court that the police saw Sheriff at Ada but left him off the hook.

Court Halts Sale of Kasapa

By William Yaw Owusu

Thursday August 23, 2007
AN Accra Fast Track High Court yesterday placed an interim injunction on the proposed sale of Kasapa Telecom Limited, operators of Kasapa mobile phone service.

The ex-parte application was filed by Kludjeson International Limited against Hutchison Telecommunications Limited and Cert well Limited who are allegedly making attempts to dispose of the shares in Kasapa Telecom, formerly Celltel Limited.

Kludjeson International is arguing that it has shares in Kasapa Telecom and any attempt to sell it without its consent will cause an irreparable damage to it.

Hutchison and Certwell were said to be acting through the Hong Kong and Shanghai Bank Corporation (HSBC) based in Johannesburg South Africa.

Moving the motion Atta Akyea, counsel for Kludjeson told the court presided over by Justice Anto Ofori-Attah “the share offer is being done clandestinely under confidential cover and unless the court swiftly restrains the defendant the plaintiff will suffer irreparable damage.”

In the affidavit in support of the motion filed on August 20, Mr Prince Kwame Kludjeson, a Director and Shareholder of Kludjeson International said the change of the name from Celltell Limited to Kasapa Telecom had been reversed by a High Court judgement and order in April 2007.

He said Hutchison was incorporated under the laws of Hong Kong while Certwell, a subsidiary of Kawata Limited was incorporated in the title British Virgin Island and the two carry on telecommunication. business.

Mr Kludjeson future argued that Kludjeson and March 30, 1998 Kludjeson International signed a share purchase agreement and a shareholders agreement where Huthcisonpur chased 80 per cent shares of Kludjeson International
leaving shares of Kludjeson International, leaving 20 percent for the plaintiff.

He said they had also agreed that Hutchison could hold the shares either by beneficiary or through associates and on June 10, 1998, Hutchison at a shareholders resolute ion nominated Certwell to hold the shares for it.

He said that later he discovered that at all material times, Certwell was not a wholly-owned subsidiary of Hutchison, contrary to the representation made by Hutchison when introducing Certwell to Kludjeson International.

He said they got to know that Certwell was a wholly owned subsidiary of Kuwata Limited and the latter has thus become a
total stranger to the arrangements between Kludjeson and Hutchison.

He said that, at all material times, Hutchison knew or was aware of the identity and status of Certwell and it was an important consideration and a major reason for entering into the share transfer arrangement.

Had Kludjeson International not been misled as to the true identity and status of Certwell it would not have executed the share purchase agreement in 1998, he said.

“Hutchison International made the said disclosure and representation concerning Certwell fraudulently”.

Mr Kludjeson said that Hutchison transferred its shares in Certwell to Kuwata on March 20, 1998, ten clear days before coming to execute the agreement with Kludjeson International and described the move as a deliberate act.

He also said Hutchison in its April 2007 report to the securities and Exchange Commission of the United States, fraudulently represented that its shares had increased from 80 percent to 100 percent, following a purported transfers of 20 per cent shareholding from Kludjeson International.

He said once the substantive matter is before a court of competent jurisdiction, it will impede the administration, it will impede the administration of justice if the proposed sale is allowed to go ahead.

Mrs Rawlings' trial adjourned

Mrs Rawlings (Pictured) is the former First Lady of Ghana

By William Yaw Owusu

Wedneday August 22, 2007
AN Accra Fast Track High Court trying Nana Konadu Agyeman Rawlings, former First Lady, and five others for their involvement in the divestiture of Nsawam Cannery, yesterday adjourned proceedings until October 31.

The court presided over by Justice K. Anto Ofori-Attah, a vacation judge, adjourned proceedings because the Superior Court was still on their annual legal vacation.

On July 31, the trial court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, had said although vacation was due he had not received a fiat/directive from the Office of the Chief Justice to sit during the vacation.

He had said that the court could not adjourn proceedings sine die (indefinitely) because the rules of the High Court did not allow a criminal case to be adjourned for more than three weeks and asked both the prosecution and the defence to come before it as vacation court for subsequent adjournments.

On July 12, the trial took a new turn when the prosecution, led by the Attorney-General and Minister of Justice, Mr Joe Ghartey, replaced the charges against the accused persons with fresh ones.

It was the second time that the prosecution had withdrawn the charges.

Mrs Rawling 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 Benson Owusu, former DIC Accountant, Hanny Sherry Aryittey, 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 AG withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

The accused persons were originally charged with 30 counts of conspiracy, causing financial loss to public property, intentionally causing loss to public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

But on the new charge sheets Mrs. Rawlings, Ms Aryittey 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 statements, conspiracy to alter forged documents and altering forged documents.

Mr Peprah on the other hand faces three counts of conspiracy to cause loss to public property, dishonesty, 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 have pleaded not guilty and are on self-cognisance bail.

Before the old charge sheet was withdrawn, Mr Peprah had on July 9 filed a motion asking the court to acquit him on grounds of immunity.

The motion could however not be moved following the withdrawal of the old charge sheet.

Mrs Rawlings and Mr Owusu were not in court, but Ms Aryittey , Messrs Peprah and Agbodo were in court

Mr Tony Lithur, counsel for Mrs Rawlings, Ms Ayittey and CDCL had wanted the court to adjourn proceedings sine die but the judge said he was fixing the next adjourned date to suit the new legal year.

Court asks Kpoh and Salifu to go

Mr Kpoh(Pictured) is the General Secretary of the ICU of Ghana

By William Yaw Owusu

Tuesday, 21 August 2007
Napoleon Kpoh and Ahmed Yusuf Salifu are no more General Secretary and Chairman, respectively, of the Industrial and Commercial Workers Union (ICU).

A Fast Track High Court in Accra yesterday restrained the two men from holding themselves as executives of the union because their tenure of office has expired.

The two had filed a motion to stop a move to oust them from office, but the National Executive Committee (NEC) of the ICU who were the defendants, filed a counter-claim against the two men.

In its order the court, presided over by Justice K. Anto Ofori-Attah, awarded two million cedis each against the two officers and ordered Mr. Kpoh to return a cross country vehicle in his possession to the ICU.

But later in the afternoon, the two men filed a notice of interlocutory appeal and another motion on notice for stay of execution pending the appeal.

The background to the judgement is that on August 2, the NEC held a meeting to remove Kpoh and Salifu from office on the basis that their tenure of office, had expired, a move which triggered a legal tussle between the affected officers and the NEC.

The legal battle went further when on August 9, the NEC reportedly declared that it had instituted an Interim Management Committee (IMC) to take over the running of the union.

Following the declaration, Mr Kpoh and Mr Salifu filed the application to restrain the NEC from removing them from office until a delegates congress decides on their fate.

They claimed in the writ that the decision taken by the NEC contravened the ICU constitution.

The writ cited Gilbert A. Awinongya, Deputy General Secretary (Operation), Solomon Kotei Mensah, Deputy General Secretary, Administration, Christiana Baidoo , Second National Trustee and Theophilus Tenkorang, First National Trustee and other members of the IMC.

The NEC also filed a motion at the same court to restrain Mr Kpoh and Mr Salifu from acting or holding themselves as General-Secretary and Chairman of the ICU, respectively.

They also asked the court for an order to restrain Mr Kpoh from "making any pronouncements to the media in a purported capacity as Chief Executive or General Secretary of the union with effect from August 11, 2007."

Mr C.K Koka, counsel for Kpoh and Salifu, in moving the motion said last week that "as far as we are concerned, our tenure of office will end when there is a delegates congress.

"There have been constitutional conventions. He is required to give a report at the congress after which the Chief Labour Officer will dissolve the old executives and swear the new team into office," he said.

He told the court that Article 10(2) of the ICU constitution which states that "the NEC shall have no power to change decisions" had been breached by the
defendants.

Counsel further argued that the NEC meeting that purportedly removed Kpoh and Salifu, was not properly constituted.

Mr Albert Adaare, counsel for the NEC, on the other hand, said the remedy being sought by Kpoh and Salifu "is an equitable one and Article 13(3) which talks about tenure of office, is very strict on this.

"They have interpreted the ICU constitution wrongly. Their mandate has expired and it is only the court that can extend it."

Dismissing the plaintiff’s application for interlocutory injunction and granting the NEC’s application to restrain Kpoh and Salifu from holding themselves as ICU executives, the court said "the plaintiffs have not been able to assert their legal right to warrant them to stay in office beyond August 10, 2007, when their tenure of office expired."

The court said the convention in the ICU constitution which made executives stay in office until congress for new ones to take over was not automatic, saying "they were elected and sworn into office for a four-year period (August 11, 2003 to August 10, 2007) but once the period is over they cannot continue to assert those rights."

Justice Ofori-Attah further said the rules of the court were clear that Kpoh and Salifu will be compensated adequately should they win the substantive case against the NEC.

Immediately the ruling was read, Mr. Koka told the packed court that the NEC organized people with placards to demonstrate in the court’s premises at the last adjourned date and wanted the court to restrain them from impeding the administration of justice.

Mr. Adaare readily accepted responsibility on behalf of his clients and rendered an unqualified apology to the court.

He, however, asked the court to make further orders to enable the NEC to retrieve all ICU property from Kpoh and Salifu but the court declined and asked him to apply formally.

Court asks Kpoh and Salifu to go

By William Yaw Owusu

Tuesday, 21 August 2007
Napoleon Kpoh and Ahmed Yusuf Salifu are no more General Secretary and Chairman, respectively, of the Industrial and Commercial Workers Union (ICU).

A Fast Track High Court in Accra yesterday restrained the two men from holding themselves as executives of the union because their tenure of office has expired.

The two had filed a motion to stop a move to oust them from office, but the National Executive Committee (NEC) of the ICU who were the defendants, filed a counter-claim against the two men.

In its order the court, presided over by Justice K. Anto Ofori-Attah, awarded two million cedis each against the two officers and ordered Mr. Kpoh to return a cross country vehicle in his possession to the ICU.

But later in the afternoon, the two men filed a notice of interlocutory appeal and another motion on notice for stay of execution pending the appeal.

The background to the judgement is that on August 2, the NEC held a meeting to remove Kpoh and Salifu from office on the basis that their tenure of office, had expired, a move which triggered a legal tussle between the affected officers and the NEC.

The legal battle went further when on August 9, the NEC reportedly declared that it had instituted an Interim Management Committee (IMC) to take over the running of the union.

Following the declaration, Mr Kpoh and Mr Salifu filed the application to restrain the NEC from removing them from office until a delegates congress decides on their fate.

They claimed in the writ that the decision taken by the NEC contravened the ICU constitution.

The writ cited Gilbert A. Awinongya, Deputy General Secretary (Operation), Solomon Kotei Mensah, Deputy General Secretary, Administration, Christiana Baidoo , Second National Trustee and Theophilus Tenkorang, First National Trustee and other members of the IMC.

The NEC also filed a motion at the same court to restrain Mr Kpoh and Mr Salifu from acting or holding themselves as General-Secretary and Chairman of the ICU, respectively.

They also asked the court for an order to restrain Mr Kpoh from "making any pronouncements to the media in a purported capacity as Chief Executive or General Secretary of the union with effect from August 11, 2007."

Mr C.K Koka, counsel for Kpoh and Salifu, in moving the motion said last week that "as far as we are concerned, our tenure of office will end when there is a delegates congress.

"There have been constitutional conventions. He is required to give a report at the congress after which the Chief Labour Officer will dissolve the old executives and swear the new team into office," he said.

He told the court that Article 10(2) of the ICU constitution which states that "the NEC shall have no power to change decisions" had been breached by the
defendants.

Counsel further argued that the NEC meeting that purportedly removed Kpoh and Salifu, was not properly constituted.

Mr Albert Adaare, counsel for the NEC, on the other hand, said the remedy being sought by Kpoh and Salifu "is an equitable one and Article 13(3) which talks about tenure of office, is very strict on this.

"They have interpreted the ICU constitution wrongly. Their mandate has expired and it is only the court that can extend it."

Dismissing the plaintiff’s application for interlocutory injunction and granting the NEC’s application to restrain Kpoh and Salifu from holding themselves as ICU executives, the court said "the plaintiffs have not been able to assert their legal right to warrant them to stay in office beyond August 10, 2007, when their tenure of office expired."

The court said the convention in the ICU constitution which made executives stay in office until congress for new ones to take over was not automatic, saying "they were elected and sworn into office for a four-year period (August 11, 2003 to August 10, 2007) but once the period is over they cannot continue to assert those rights."

Justice Ofori-Attah further said the rules of the court were clear that Kpoh and Salifu will be compensated adequately should they win the substantive case against the NEC.

Immediately the ruling was read, Mr. Koka told the packed court that the NEC organized people with placards to demonstrate in the court’s premises at the last adjourned date and wanted the court to restrain them from impeding the administration of justice.

Mr. Adaare readily accepted responsibility on behalf of his clients and rendered an unqualified apology to the court.

He, however, asked the court to make further orders to enable the NEC to retrieve all ICU property from Kpoh and Salifu but the court declined and asked him to apply formally.

Workers Storm Court...over ICU case

Mr. Kpoh is the Gen. Sec. of the ICU of Ghana

By William Yaw Owusu

Friday August 17, 2007
A SIZEABLE number of placard bearing members of the Commercial and Industrial Workers Union (ICU) yesterday thronged the Fast Track High Court premises in Accra where hearing of writs involving the leadership crisis in the union was going on.

The struggle is between Napoleon Kpoh and Ahmed Yusuf Salifu, General Secretary and Chairman of the ICU, respectively, on one hand and other members of the National Executive Council (NEC) on the other.

The purported removal of Mr. Kpoh from office has resulted in a joint writ filed by the General Secretary and the Chairman to halt the action by the NEC as well as a counter one by the NEC seeking to restrain the two from holding themselves as officers of the union.

The legal tussle began on August 9, when the NEC reportedly said it had instituted an Interim Management Committee (IMC) to take over the running of the union from Mr. Kpoh and his executives.

They had claimed that they took the decision because the tenure of office of the Kpoh-led administration had ended.

Following the declaration, Mr. Kpoh and Mr. Salifu filed the application to restrain the NEC and others from removing them from office until a delegates congress decides on their fate.

They claimed in the writ that the decision taken by the NEC contravenes the constitution of the ICU.

The writ cited Gilbert A. Awinongya, (Deputy General Secretary (Administration), Solomon Kotei Mensah, First National Trustee, Christiana Baidoo, Second National Trustee and Theophilus Tenkorang, executive member.

The NEC also filed a motion at the same court to restrain Mr. Kpoh and Mr. Salifu from acting or holding themselves as General-Secretary and Chairman of the ICU respectively.

They asked the court for an order to restrain Mr. Kpoh from “making any pronouncements to the media in a purported capacity as Chief Executive or General Secretary of the union with effect from August 11, 2007.”

Tension in the packed court, presided over by Justice K. Anto Ofori-Attah was high as the two applications were moved.

It started when Mr. Albert Adaare, counsel for the NEC, in announcing himself, told the court that the positions of all those cited by Mr. Kpoh in his suit became vacant on August 10.

“It is only the NEC which is in operation. For this reason I am representing the NEC. The others cannot come to court because their positions are vacant.”

In reaction to counsel’s submission, Mr. C.K. Koka, counsel for Mr. Kpoh and Mr. Salifu said “at the time the writ was issued the defendants were in office. Counsel should formally file a motion so that we can react properly.”

In moving his application, Mr. Koka said “as far as we are concerned, our tenure of office will end when there is a delegates congress.

“There have been constitutional conventions. He is required to give a report at the congress after which the Chief Labour Officer will dissolve the old executives and swear the new team into office,” he said.

He told the court that Article 10(2) of the ICU constitution which states that “the NEC shall have no power to charge decisions had been breached by the defendants.

Counsel further argued that the NEC meeting that purportedly removed Kpoh and Salifu, was not properly constituted, saying “the NEC did not have the power to change the decision of the delegates conference.”

“We are seeking the court’s order to maintain the status quo until the matter is determined because the NEC resolution was passed without the chairman of the ICU and Article 12(2) and 12(2) (e) are firm on this.”

“The very people who are claiming to have removed my clients are in the purported IMC.”

Responding, Mr. Adaare said the remedy being sought by Messrs Kpoh and Salifu “is an equitable one and Article 13(3) which talks about tenure of office is very strict on this.”

“They have interpreted the ICU constitution wrongly. Their mandate has expired and it is only the court that can extend it.”

Counsel said going by Article 10 (i), the NEC is the only body that can run the ICU until congress appoints new executives, adding, “The NEC has the power to determine who should lead the union, in the interim.”

“They are seeking to perpetrate themselves in the face of clear constitutional violation and it is the common union members who will suffer.”

Reacting on points of law, Mr. Koka said, “We are not here to extend our tenure of office we are only seeking that the ICU constitution be respected.”

The court will give its ruling on Monday, August 20.

Rumpus in lotto business: National Lottery Authority Sued

By William Yaw Owusu

Thursday August 16, 2007
The Ghana Lotto Operators Association and six others have filed a suit at an Accra High Court to stop the National Lottery, Authority from attempting to monopolies the lotto business in the country.

The plaintiffs including Obiri Asare and Sons Limited, Rambel Ent. Limited, Agrop Association Ltd, Star Lotto Ltd and From-Home Enterprises want an interlocutory injunction to restrain the defendant from “interfering with the property rights or lotto operating business of the plaintiffs pending the final determination of this matter.”

The plaintiffs, in relief’s, filed on August 13 are seeking “a declaration that the directive from the National Lottery Authority to private Lotto operators to surrender machines or equipment used for the operation of lottery to the Director-General by August 14, 2007 is unconstitutional, illegal and unreasonable.”

They want an order to set aside that directive and a further order restraining the defendant from “unlawfully, unconstitutionally or unreasonably interfering with the property rights of the plaintiffs.”

Furthermore, the plaintiffs want a declaration that the National Lotto Act, 2006 (Act 722), to the extent that it outlawed the operations of lotto business by private lotto operators, in infringes the constitutionally guaranteed right of the private lotto operators to free economic activity.

Besides, they want a declaration that “the creation of the National Lottery Authority to take over and monopolies the operation of the lotto business in Ghana infringes the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy,” as well as cost.

In their statement of claim, the plaintiffs said they have been in private lotto operating business since 1989 and presently have a large number of employees and independent agents who conduct business for them or assist them in the operation of their lotto business.

According to them, the National Lotto Authority in July advertised in the media about its establishment and said it was the only body that was manded under the Act to operate lotto business in the country.

“Some of the announcements also listed various fees the defendant intends to charge for licences to be issued to lotto marketing companies and added that it has taken over the products and machines of the Department of National Lottories.”

Plaintiffs contend that they have their own marketing agents and could not be easily relegated to the position of lotto marketing agents.

“The defendants have actually taken over the assets and liabilities of the DNL and the latter have ceased to exist.”

They further claimed that the advertisement also directed all persons, who before Act 722 came into effect had their own machine or equipment for lottery business to surrender such equipment to the Director-General of NLA before August 14.

“The machines or equipment in question are our own property acquired with our own resources. We do not only have assets but also liabilities that cannot be severed from the assets,” they contended.

They further said that the NLA did not negotiate with them in respect of the machines or equipment as stipulated by Act 722.

The plaintiffs say they could neither be compelled to surrender their property to the NLA nor can the defendant compulsorily acquire their property without prior agreement as to compensation and other consequents.

“Attempt by the NLA to monopolies the operation of lotto business will strangle us to death and saddle us with debts of huge proportion, and the action by the NLA is inconsistent with the constitution of the nation,” they said.

The defendants are yet to respond to the application.

Ndego fails to appear in court

Ben Ndego was the Head of Operations of the NACOB

By William Yaw Owusu

Thursday August 16, 2007
MR. Ben Ndego, Operations officer of the Narcotics Control Board who is on interdiction over the loss of five kilogrammes of cocaine, yesterday failed to appear before an Accra Fast Track High Court to testify in a cocaine trial.

He was subpoenaed together with Colonel Isaac Kwasi Akuoko (rtd), Executive Secretary of the NACOB, at the instance of Alhaji Issah Abass, one of the two men on trial for narcotic offences.

Col. Akuoko testified to the court on Tuesday.

When the case was called yesterday, the Registrar of the court said the bailiffs served the subpoena on the current NACOB officials and the board in turn sent the court’s order to Mr. Ndego’s house at Kasoa.

The registrar further told the court that because there could not find Mr. Ndego, they left the order at his house. They could therefore not tell whether Mr. Ndego received it or not.

Mr. Mohammed Attah, counsel for Abass, then asked the court to effect a substituted service by posting the notice at Mr. Ndego’s house, the court’s notice board, as well as in the national dailies since serving Mr. Ndego personally was not possible and the court granted his request.

The trial judge, Justice Jones Dotse of the Court of Appeal then said that after seven days of the substituted service, the court would take appropriate measures if counsel requested it.

Abass is charged with Kwabena Amaning, popularly called Tagor for having knowledge about the missing 76 parcels of cocaine from a fishing vessel that had docked at the breakwaters of the Tema Port in April last year.

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 brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

The setting up of the committee came about as result of a meeting allegedly held at the residence of ACP Kofi Boakye, then Director of Police Operations with four other suspected drug dealers including Tagor and Abass which was secretly recorded by an unknown person.

Of the 77 parcels of cocaine on the vessel, 76 disappeared at the breakwaters of the part before security agencies intercepted the vessel.

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

Abass on the other hand, 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.

Sitting continues on August 22.

Dramatic Twist At Cocaine Trial: ABASS' WITNESS TURNS HOSTILE

Tagor and Abass in court yesterday

By William Yaw Owusu

Wednesday August 15 2007
THERE was dramatic twist to the trial of two persons charged with narcotic offences at the Fast Track High Court in Accra yesterday when a witness brought in by one of the accused persons gave evidence against him.

The witness, Colonel Isaac Kwasi Akuoko (rtd) former Executive Secretary of the Narcotics Control Board (NACOB), who had been subpoenaed at the instance of Alhaji Issah Abass one of the accused told the packed court that he had no hand in any secret recording as claimed by Abass.

Abass had said in evidence that he did the recording of the tape in ACP Kofi Boakye’s house and handed the tape to Colonel Akuoko in the presence of Ben Ndego then Operations Officer of NACOB.

Mr. Mohammed Attah, counsel for Abass who was leading Mr. Akuoko in evidence cut in to say that the witness was not being truthful to the court and sought its order “to attack his integrity.”

“My Lord, from the instructions I received, it has become clear to me that the witness is not telling the truth. He is rather testifying against us. We are having contrary answers and we wish to apply to treat him as a hostile witness.”

Asked by the trial judge, Justice Jones Dotse of the Court of Appeal the reason for seeking to attack the integrity of the witness, Mr. Attah said, “It is because he has taken us by surprise.”

He argued that under Section 80(1) and 70(5) of the Evidence Decree, the defence team has the right to do so if answers being solicited from a witness are not forthcoming.

Acting Director of Public Prosecutions submitted that as far as the prosecution was concerned, the witness had been consistent in his evidence and referred the court Section 82 of the same decree.

The judge then dismissed Mr. Attah’s request to treat Col. Akuoko as a hostile witness saying, “from the scratch, the witness has denied any suggestion that he knew about the source of the tape. This is similar to oath against oath situation in which the court sometimes finds itself.”

He said, “The demeanor of the witness has not changed. The substance of the case has also not changed and he has so far not given any conflicting evidence for the court to grant counsel’s request to attack the credibility of the witness.”

Narrating to the court what he knows about the case, Col. Akuoko said he does not know Kwabena Amaning, popularly called Tagor, the other accused person. It , however, said he “casually knows Abass when he once came to my office to say he had some vehicles to sell to NACOB but because there was no resources we could not buy any of the vehicles.”

He told the court that in May last year, he ordered investigations into the circumstances leading to the importation of parcels of cocaine brought by a vessel called Benjamin to the Tema Port. The investigation was headed by Mr Ndego.

“In the process, the investigating team came across a recorded conversation at a meeting between ACP Boakye and some suspected drug dealers and immediately I asked my staff to work and analyse the recording and submit a report to me.”

He said he then travelled to Benin to attend a United Nations Conference on narcotic and when he came back he, together with Mr. Ndego, was asked to proceed on leave over the missing of five kilogrammes of cocaine which was part of a total of 30kg found on the vessel.

“Ndego did not tell me anything on the recorded conversation. I did not see the recordings and I do not recall that Ndego came to my office in the company of Abass.”

“I have never entertained Ndego or Abass in my office.”

The witness said in the course of the investigations, the Chief Executive Officer of the Food and Drugs Board, Mr. Emmanuel Kyerematen Agyarko whom he described as an active member of the board of NACOB, said it was Ndego who gave him a copy of the tape.

“I cannot recall the NACOB official who received the tape but I did listen to a portion of it when my staff drew my attention to it. No one handed any tape to me. I did not see or touch it.”

Cross Examined by Ms Aikins, Col Akuoko said he once appeared before the Justice Georgina Wood Committee adding, “the evidence I gave there is exactly what I am telling this court.”

When Mr. Ellis Owusu Fordjuor, counsel for Tagor took his turn, Col Akuoko told the court that his contract as the head of NACOB expired on March 31, 2006, before the incident and repeated that he had no intention of going back to the board.

He said he had not received his end of service benefit and added that “I have not asked for it. Even at the time I was being asked to proceed on leave, I was not getting my salary.”

He further told the court that he was not in a position to dispute the originator of the tape and insisted that he did not know the source or who had done the recording.

He also said NACOB did not have any documentary proof that the MV Benjamin brought 77 parcels of cocaine but it was one of the crew who had disclosed this.

The court did not discharge Col. Akuoko but said he might be called to clarify certain portions of his evidence if the defence counsel made that request.

Before the testimony of Col. Akuoko another witness Akwasi Amarno, an auto mechanic brought by Tagor also told the court that, a man called Kofi Asare, who the police say was Tagor’s driver was his nephew.

He said Asare died on November 25, last year at the Komfo Anokye Teaching Hospital in Kumasi when a motor bike on which he rode collided with a taxi cab. He tendered in evidence all the documents concerning Asare’s death.

However, when Ms. Aikins suggested to him that he did not have his name on Asare’s obituary even though he claimed he was his nephew, Amarno insisted that Asare had died.

After the proceedings, the court ordered the Tema Regional Police Commander and his Crime Officer or their representatives to appear before it today to explain the reasons for arresting one of the two men Abass mentioned in his testimony as assisting the police to arrest all those involved in bringing the 77 parcels of cocaine.

The court also ordered M Ben Botchwey, the current Executive Director of NACOB to appear before it to explain whether the subpoena had been served on Mr. Ndego.

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 a case of 77 parcels brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

Missing Cocaine Case: Court summons two NACOB Officials

Ben Ndego is one of the officers suppoenaed

By William Yaw Owusu

Tuesday August 14 2007.
REPORTS reaching the Ghanaian Times indicate that two top officials of the Narcotics Control Board (NACOB) who were recently interdicted over the loss of five kilogrammes of cocaine will this morning appear before an Accra Fast Track High Court to testify in a cocaine trial.

The two, Colonel Isaac Akuoko (rtd) Executive Secretary of NACOB and Ben Ndego, NACOB’s Operations officer have been subpoenaed to testify before the court.

They were subpoenaed at the instance of Alhaji Issah Abass, one of the two men on trial for narcotic offence.

Abass in charged with Kwabena Amaning, popularly called Tagor for having knowledge about the missing 76 parcels of cocaine from a fishing vessel that had docked at the breakwaters of the Tema Port in April last year.

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 brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

The setting up of the committee came about as result of a meeting allegedly held at the residence of ACP Kofi Boakye, then Director of Police Operations with four other suspected drug dealers including Tagor and Abass which was secretly recorded by an unknown person.

Of the 77 parcels of cocaine on the vessel, 76 disappeared at the breakwaters of the port before security agencies intercepted the vessel.

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

Abass on the other hand 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.

When they opened their defence, Abass told the court that Mr Ndego asked him to record the meeting at ACP Boakye’s residence at Kanda, Accra.

He had also told the court that he went with Mr Ndego to Col. Akuoko’s office to deliver the tape to the executive secretary after the meeting.

Abass also told the court that he lied to the Justice Georgina Wood Committee about the source of the tape.

With this development, Abass said he was prepared to ask the two NACOB officers to testify on his behalf.

By the close of last week, Col. Akuoko and Mr Ndego had been served to appear before the court today to testify.

The missing coke case: Cop retracts statement

By William Yaw Owusu

Thursday April 9, 2007
Lance Corporal Dwamena Yabson, one of the three policemen standing trial over the missing 76 parcels of cocaine yesterday told an Accra Fast Track High Court that some of the evidence he gave when he opened his defence was a 'slip-off'.

I had lost memory of my statement in September last year because of the condition in which I was.'

Yabson said this when the prosecution led by Mrs. Stella Badu, a Senior State Attorney suggested to him that he attempted to give conflicting evidence in statements he gave to the police when he was arrested.

Yabson further said 'the incident happened in April last year and by the time I was writing my statement I had lost memory but I slept over it and can now recollect what happened'.

Yabson is being tried together with Sergeant David Nyarko and and another Lance Corporal Peter Bundorin, have been charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.

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

The police says the policemen saw Sheriff, a Korean called Killer and other unidentified persons off load the cartons of cocaine into a white van at the beach but instead of arresting him, sat in the fugitive's land cruiser to Tema to collect the money.

Another policeman, Detective Sergeant Samuel Yaw Amoah who played a leading role in the case escaped soon after he was granted bail by an Accra Circuit Court in September last year.

The accused, all with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.

They are currently in police custody.

Yabson comfirmed to the court in his statement to the police that he knew the house of Sheriff's wife at Tema and further told the court that whilst at the Kpone beach Sheriff rolled down the window of the land cruiser he was driving and shouted his name to which suprised him.

He had told the court in his evidence-in-chief that at the beach he was very sick and could not do anything and sat on a stone metres away from where Amoah and Sheriff stood but yesterday he admitted being close to the vehicle, enquiring from Sheriff what he was doing at the beach and even going ahead to search the car.

Yabson had further said he did not see Amoah immediately he got to the beach but during cross-examination he told the court presided over by Justice Annin Yeboah of the Court of Appeal that all the policemen except those from Kpone had walked along the beach to tail the suspects and after picking a taxi to get reinforcement from the Kpone Police Station he came back to strategise with his colleagues on way to get Sheriff.

He admitted knowing Sheriff even before the incident but denied the figitive was his friend adding that 'anytime Sheriff cames to Tema Community One Police Station where I work as a detective he goes to my superiors and not me. He was also the friend of Sergeant who is now deceased'.

In his evidence-in-chief Yabson said he had never been to Sheriff's house but yesterday he said Sheriff drove them from the Kpone beach to his residence at Community Five in Tema where Amoah and one of the fishermen who stepped out of the car into the fugitive's house, in front of which there were wild dogs.

He also said in his evidence-in-chief that at the time of his arrest, the benz car, which the police suspect he used part of the money given them by Sheriff to purchase was with his friend called Stanley but he told the court yesterday that the car was with him on the day of arrest.

Yabson told the court that he could not remember the day on which he was arrested and insisted that he was the first policeman to receive information about the cocaine from the fishermen and not Amoah.

When the prosecution suggested to him that the informant who accompanied hin to the beach was called Joe, Yabson replied that he knows that informant to be Martey and further denied that Nyarko was the policeman in uniform who had accompanied them in the operaration.

Yabson had also told the court when he sat in Sheriff's car he placed his head on the back seat and never raised his head until they got to Tema because he was indisposed and panted but when the prosecution said that was an attempt to deceive the court he replied that 'I could not say so because it is not everything I could tell court'.

He also told the court that when they got to the entrance of Sheriff's residence the fugitive said he wanted Amoah as hsi friend and Amoah entered to pass water.
He also admitted he had a birthday party at a hotel in Community Four, Tema after the incident.

When Nyarko took his turn to cross examine hi colleague due to the absence of his counsel, Yabson told the court that he had never met Nyarko before their arrests
During Bundorin's turn, Yabson said from the position where his colleague was placed one could not detect any activity from the beach.

Bundorin is expected to open his defence at the next adjourned date on August 13.

Man Kills Son- in-Law

By William Yaw Owusu

Wednesday August 2, 2007
A 47-YEAR-OLD man, Kwaku Mensah, was allegedly shot dead at Ashongman, Accra, by his bedridden father-in-law early in the morning of yesterday for unknown reasons.

For residents of the Bank of Ghana Estate at Ashongman, the question is how Kwadwo Ahovi who could not walk, was able to enter Mensah’s room take his gun and shoot him at close range.

Ahovi, believed to be in his seventies, had lived with his daughter’s family for the past six months and was being looked after by Mensah and his wife.

When the Times visited the scene at about 8.20 am, Mensah was lying in a pool of blood in front of his house with Ahovi, sitting beside the body calmly with the murder weapon lying close by.

The Times learnt that Ahovi suspected by residents to be the murderer was asked to remain at the crime scene until police arrived.

His daughter Abla Ahovi, Mensah’s wife told the Times that the family had lived with Ahovi since he was taken ill six months ago.

She said that while Ahovi slept in the hall she, Mensah and two of the children slept in the bedroom.

Abla further said her father had been bedridden for sometime and “he normally crawls when he wants to get fresh air outside.”

She told this reporter that by the time she got up at dawn to attend to nature’s call, Mensah was already outside.

She said while passing through the hall, she noticed that Ahovi was crawling into their room but did not enquire from him what he was looking for.

“He used to come to our room and I was thinking it was one of his usual visits. It was after the murder that I realised that he had come for my husband’s gun and some bullets which he used in killing him.”

Abla recalled that while at the toilet, she heard a gunshot and quickly rushed back only to find Mensah lying in a pool of blood and Ahovi sitting with the gun.

Mawutor Akatey Mensah’s son, said that he heard the gunshot from his room nearby and when he rushed there he saw his father writhing in pain for a few minutes before he died.

He said he quickly retrieved the gun from his grandfather who sat calmly but will not answer any question.

At the time this reporter left the scene, a police ambulance from the Police Hospital had arrived to convey the corpse to the mortuary.

No case against us: Cocaine suspects submit in court

Some of the suspects (L to R) Xing, Li, Bok Sil and Dawson in a police van

By William Yaw Owusu

Friday August 3, 2007
An Accra Fast Track High Court yesterday commenced hearing a submission of no case application filed by six persons including two Chinese and a Korean, who are charged with the importation of 77 parcels of cocaine on board the vessel, MV Benjamin.


They are accused of importing 77 parcels of cocaine into the country on April 26, last year, but 76 disappeared at the break waters of the Tema port before security agencies intercepted the vessel the next day.

The police suspect that it was Sheriff Asem Darke, popularly called Limping Man, and a Korean, called Killer, all at large, who were the brains behind the importation.

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.

They are Pak Bok Sil, the Korean, a vessel engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic, Cui Xian Li, 49; also a vessel engineer and Luo Yui Xing, 49, the Chinese.

All six men have been charged for their respective roles 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.

When the court, presided over by Justice Annin Yeboah of the Court of Appeal, resumed sitting yesterday, it was D.K. Ameley, counsel for Dawson who first moved his client’s application, saying the prosecution could not lead any evidence to show that Dawson was aware Sheriff was chartering his vessel to import cocaine.

“Which vessel owner will allow his vessel to be used by charterers when it is disclosed to him that the reason for the charter is to cart cocaine?” counsel asked.

“From the statement of the offence, one of the essential ingredients needed to ask the accused to open his defence is that he has the intention to commit the crime but in this case there is nothing to show by the prosecution that Dawson knew about the importation.”

Counsel further submitted that evidence led so far by the prosecution “is manifestly unreliable” that Dawson could not be asked by the court to open his defence adding that the prosecution was duty bound to establish clearly that when Dawson signed the charter agreement he knew that Sheriff was to use the vessel to cart 77 parcels cocaine.

He told the court that in the agreement, it was clear that Sheriff was to use the vessel to tow his (Sheriff’s) distress vessel at Conakry, Guinea and was also stated that Sheriff was to be responsible for crewing and bunkering the vessel.

He said although the prosecution called 13 witnesses to testify, none of them could say that Dawson knew that Sheriff was using the vessel to import cocaine.


“There is no indication from the witnesses that at the Takoradi Port, vessel’s movement card was signed by Dawson even though Dashment Company Limited, the company which owns the vessel acted as the vessel’s agent whilst there.”

He said Dawson should not be asked to open his defense because he showed good faith, when the vessel was arrested, by voluntarily leading the security officer’s to locate Sheriff’s house in Tema adding that nothing was done by the prosecution to dent the charter agreement or led additional evidence to rebut the contents in the agreement.

When James Agalga, counsel for Bok Sil took his turn he argued that the prosecution failed to lead evidence to show that the engineering business engaged in by his client was to promote narcotic business or knew that by repairing the vessel he was promoting an enterprise related to narcotics.

He submitted that all the witnesses who testified had said it was Bok Sil who paid off the crew before Sheriff chartered the vessel saying that “he was only a caretaker and had repaired the vessel in his professional capacity as an engineer and was paid 1,000 dollars for his work.”

He said before the charter agreement, the vessel was jointly owned by a Korean called Bae and Dashment company and it was Bok Sil who stood in for Bae adding that “paying off the crew at that time by Bok Sil was legitimate because ownership of the vessel was about to change hands.”

The court then adjourned proceedings until August 6, for counsel for Isaac Arhin and Bruce Arhin as well as counsel for Li and Xing to also move their motions, after which the prosecution will also reply.


In a related development, the court presided over by the same judge adjourned to August 8, the case in which three policemen also standing separate trial in connection with the missing 76 parcels of cocaine.

The court adjourned proceedings because Lance Corporal Dwamena Yabson, one of the accused who was in the witness’ box to be cross-examined by the prosecution was indisposed. He was brought to court but had to be taken back.


The other policemen charged with Yabson are Sergeant David Nyarko and Lance Corporal Peter Bundorin.

They were alleged to have collected an undisclosed amounts in US dollars from Sheriff.
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.

Supreme Court to rule on Dr. Anane on November 14.

Dr. R W Anane, Ghana's former Minister of Transportation

By William Yaw Owusu

Thursday August 2, 2007
THE Supreme Court will on November 14, give its ruling in the case in which the Commission on Human Rights and Administrative Justice (CHRAJ) is seeking to overturn a High Court ruling that said the Commission was wrong in recommending that Dr Richard Winfred Anane, former Minister of Transportation be relieved of his post.

The five member panel presided over by the Chief Justice, Georgina Wood, fixed the date after hearing arguments from the parties.

An Accra Fast Track High Court presided over by Justice Paul Baffoe-Bonnie, now with the Court of Appeal, quashed CHRAJ’s recommendation on September 15, last year which among other things said Dr Anane should be relieved of his position as a Minister of State “for bringing his power and office into disrepute.

The CHRAJ had cited Dr Anane for perjury, conflict of interest as well as abuse of power and office.

The Commission further recommended that Dr Anane aplogised to the Appointments Committee of Parliament that approved his appointment as a Minister, for lying under oath.

The decision was reached after an 18-month investigation into allegations of corruption, conflict of interest and abuse of power leveled against the former Minister in his dealings with Ms Alexandra O’Brien, an American with whom Dr Anane has a child.

Dr Anane also filed an application for judicial review on September 22, last year, challenging certain aspects of CHRAJ’s decision which the High Court upheld, described CHRAJ as an “inferior body which has no inherent investigative powers to go about things the way it did.”

The court further said “CHRAJ acted like an Octopus stretching its tentacles to investigate issues where there is no formal complaint.”

Moving the motion yesterday, Nene Amegatcher, counsel for CHRAJ submitted that the trial court erred in touching on matters that were outside its jurisdiction.

He said some of the issues tried by the High Court bordered on constitutional interpretation which was within the domain of the Supreme Court and not the High Court.

“It is our opinion that the trial judge was invited to look at a constitutional issue but the true and proper interpretation of certain provisions of the constitution should be done by this court.

Mr Amegatcher further told the court that the issue tried by the High Court was to look at the functions of CHRAJ saying “it was an issue which was exclusively reserved for the Supreme Court and should have been referred to it by the High Court.”

“We are praying the Supreme Court to grant our certiorari to quash the High Court’s ruling. The Supreme Court should then give direction as to the interpretation of the constitution, and this direction will be binding on all courts.”

“Our case is that on the true and proper interpretation of the constitution with regards to the history and the reasons for the establishment of the CHRAJ, it is not all cases that require formal complaint from an identifiable person.”

When the Chief Justice enquired why CHRAJ assumed the interpretation of the constitution, Mr Amegatcher admitted that it was an error on the part of CHRAJ, but insisted that CHRAJH had the power to assume the interpretation.

He further argued that the Supreme Court had the power to interprete clearly Article l218(a) and (e) which defines the powers of CHRAJ if issues of violations came up.

He said the phrases, corruption and ‘abuse of power’ had not been clearly defined by the constitution saying “in our democratic dispensation allegations can be made in the media.”

Nene Amegatcher said it was not in dispute that no formal complaint was made before CHRAJ investigated Dr Anane but “on the face of it, there is no ambiguity for the trial court to quash the recommendations.”

When J.K. Agyemang, counsel for Dr Anane took his turn he said the provisions of Article 218 and 287 were clear on what CHRAJ needed to do but it failed to follow proper procedure in investigation the former Minister.

“Just as CHRAJ had the power to apply them but failed, the trial court also had the power to put things right.”

He said whether or not there should have been an identifiable complaint was not the issue at stake but what was relevant was the issue of conflict of interest, abuse of power and perjury which he said CHRAJ later withdrew.

Mr Agyemang insisted that CHRAJ’s investigation was “riddled with an irregularity and errors” and urged the Supreme Court to dismiss CHRAJ’s application.

Other members on the panel were Justices S.A. Brobbey, S.K. Donteh-Bah, Julius Ansah and R.T. Aninakwah

Mrs. Rawlings' trial adjourned to August 21

Nana Konadu Agyemang Rawlings, Former Ist Lady of Ghana.

By William Yaw Owusu

Thursday August 2, 2007
AN Accra Fast Track High Court trying Nana Konadu Agyemang Rawling, former First Lady, and five others for their involvement in the divestiture of Nsawam Cannery, on Tuesday adjourned proceedings until August 21, because the Superior Court were proceeding on their annual legal vacation.

The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, said he took the decision because the court as at July 31, had not received a fiat/directive from the Office of the Chief Justice to sit during the vacation.

He also explained that the court could not adjourn proceedings since die (indefinitely) because the High Court rules did not allow a criminal case to be adjourned more than three weeks, saying both the prosecution and the defence should come before as vocation court for subsequent adjournments.

On July 12, the trial took a new twist when the prosecution, led by the Attorney-General and Minister of Justice, Mr Joe Ghartey, replaced the charges against the accused persons with fresh ones.

It was the second time that the prosecution had withdrawing the charges.

Mrs Rawling is being tried together 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 Benson Owusu, former DIC Accountant, Hanny Sherry Aryittey, 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 AG withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code last year.

The accused persons were originally charged with 30 counts of conspiracy, causing financial loss to public property, intentionally causing loss to public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

But on the new charges sheet Mrs Rawlings, Ms Aryittey 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 statements, 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 charges 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 have pleaded not guilt and are on their own self-cognisance bail.

Before the old charge sheet was withdraw, Mr Peprah had on July 9 filed a motion asking the court to acquit him on grounds of immunity.

The motion could however not be moved following the withdrawal of the old charge sheet.

Mrs Rawlings and Mr Owusu were not in court but Mr Peprah, Mr Agbodo and Ms Aryittey were present.

Mr Tony Lithur, counsel for Mrs Rawlings apologized on behalf of his client for not making it to the court say “she traveled outside the jurisdiction and has sent her apology through me for any inconvenience.”

Mr Owusu on the other hand was said to be residing in Ghana and the court asked defence counsel to always impress upon their clients to attend court since it was a criminal trial.

Missing Cocaine Case: Accused Cop Admits Being In Sheriff's Car

By William Yaw Owusu

Thursday August 2, 2007
Lance Corporal Dwamena Yabson, one of the three policemen standing trial over the missing 76 parcels of cocaine yesterday admitted sitting in the land cruiser allegedly used by Sheriff Asem Darke to facilitate the carting of 76 parcels of cocaine from the Kpone beach.

He said when he entered the vehicle there were other occupants including the two fishermen who had reported Sheriff’s activity to the police and they all drove to Tema.

He said this when he opened his defence before an Accra Fast Track High Court where he together with Sergeant David Nyarko and and another Lance Corporal Peter Bundorin, have been charged in connection with the missing cocaine brought into the country on April 25, last year, by the MV Benjamin vessel.

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

Another policeman, Detective Sergeant Samuel Yaw Amoah who played a leading role in the case escaped soon after he was granted bail by an Accra Circuit Court in September last year.

The accused, all with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.

They are currently in police custody.

Led in evidence by his counsel Musah Ahmed his counsel, Yabson told the court that on the dawn of April 26, last year it was a man called Martey who came to him with the news that there were some people carrying stolen fish along the Tema New Town beach, saying “although I do not work at New Town I needed to act as a policeman”.

He said they tailed the suspect who diverted the said cartons to Kpone so he went to the Kpone Police Station for reinforcement where he met a Sergeant called Manu, a witness in the case adding that “Sgt. Manu asked Sgt Asante and Bundorin to follow me to arrest the suspects”.

“At the beach there were so many people and canoes so Sgt Asante suggested that I and Martey should get close while he took position at the top. When we got there I was feeling dizzy due to my heart problem so we returned to the top but my colleagues had left the place”.

“I then sat down expecting Amoah and another policeman in uniform (Nyarko) to arrive from Tema and as I sat, I saw Amoah interecting with some people so I signalled Martey to let him know that I was around”.

“I moved to where Amoah was and in the process I saw a green land cruiser emerge from the other side and Amoah asked the driver to stop which he did”.

He claimed Amoah had a chat with the driver (Sheriff) who he later realised was frequenting the Tema Community One Pilce Station and later searched the car and when he did not find anything, asked him (Yabson) to sit at the back while he (Amoah) sat in the front seat.

He told the court that on reaching the Kpone township, Amoah alighted and later came to tell them that Asante and Bundorin had already reported back to the office so they left for Tema.

He said throughout the journey he placed his head on the seat of the car and at the Community 5 traffic light he overheard Sheriff tell Amoah that he needed to pick something from home.

“We got in front of a house where there were wild dogs and Amoah and one of the fishermen entered because Amoah had said he wanted to attend nature’s call”.

He claimed that he returned to the the Community One Police Station to book himself before going to seek medical attention at the Meridian Clinic where he said he was admitted.

Yabson said he did not see Nyarko throughout the operation and also did not see any car apart from the land cruiser at the beach.

“I did not collect any money from anyone. I deny the charges preferred against me. As a police officer I acted in good faith”.

Redefine role of chiefs on governance

S.K Boafo, Ghana's Minister of Chietaincy and Culture

By William Yaw Owusu

Thursday August 2, 2007
A workshop to evaluate the contributions of traditional authorities and leaders in governance and socio-economic development of the country ended in Kumasi with a call on all stakeholders to collaborate to make the chieftaincy institution a major stakeholder in local governance.

The there-day event which was under the theme “resolving the duality of governance in Ghana”, was organized for about 50 traditional authorities by the Konrad Adenauer Foundation in collaboration with Nana Kobina Nketsia IV Trust and the Centre for Indigenous Knowledge Organization Development (CIKOD).

At the end of the workshop, participants resolved to support every effort to reposition the chieftaincy institution to enable it to perform its roles and duties for the benefit of the people and called for formal arrangements to be made for the institute ion to be well recognized and involved in the governance of the country.

In their communiqué, the chiefs admitted that the future of the chieftaincy institution is dependent on the extent of its responsiveness to existing societal demands and the ability of the chiefs to exhibit good moral courage and standards such as accountability and transparency which are determinants of good governance.

“The greatest problem confronting the chieftaincy institution is funding. This has virtually made the workings of the
institutions (National and Regional Houses) as represented by the various committees reflective and inefficient,” the said.

They said the time has come for them to advocate strongly for the review of existing legislative frameworks and other legal provisions for the establishment, function and performance of the institution.

Earlier, Mr S.K. Boafo, Minister of Chieftaincy and Culture in a speech read on his behalf said the institution needed to be facilitated and strengthened to be able to effectively partner government in the development of the nation.

“There is the need to adopt strategies to address the future of the chieftaincy institutions in the context of their role in governance,” he added.

Professor George Panyin Hagan, Chairman of the National Commission on Culture said the 1992 Constitution gives autonomy to the chieftaincy-based system and the institute ion will continue to have a persuasive influence in the country.

Isaac Owusu-Mensah, a Senior Programmes Manager who stood in for Mr Kalus Loetzer, country representative of KAF said they are making efforts to empower the institution to enable it play an effective role for as governance is concerned.

“It is my hope that in few years when Ghana celebrates 75 years the issue confronting chieftaincy today such as legitimate succession, lack of resources and involvement in the decentralized agencies would be counted as success stories of the institute ion since it will have found its way to be relevant to the society das a whole.”