Tagor and Abass jailed 15 years each for coke deal

Tagor (Left)and Abass (Right) being escorted to prison

By William Yaw Owusu

Thursday November 29, 2007
AFTER a exactly a year, the trial of Kwabena Amaning, alias Tagor and Issah Abbas, two leading figures in what came to be known as the MV Benjamin cocaine scandal, ended yesterday with the Fast Track High Court handing down a total of a 30 year jail term.

Tagor and Abass are to serve 15 years each in jail and the sentence takes retrospective effect from August 3, 2006 when they were arrested.

In a rather dramatic twist the Presiding Judge, Justice Jones Victor Dotse, surprised everybody including both the prosecution and defence, when he announced at about 9.36 am that he was ready with his judgement.

He had previously adjourned proceedings until yesterday November 28, for the court to fix a date for judgement but after a brief meeting with defence counsel and the prosecutions in the courtroom he announced that “I will give judgement in this case at 11:30 am”.

It came as a big surprise to the audience including scores of journalists some of who especially those in the print media started making frantic phone calls to get their photographers to position themselves outside the court’s premise to take photographs of Tagor and Abass.

Tagor had been charged with four counts of conspiracy, engaging in prohibited business related to narcotic drugs, but the court found him guilty on two counts of conspiracy and buying of narcotic drugs.

He was acquitted and discharged on two counts of supply of narcotic drugs.

The court held that the prosecution could not lead evidence to establish the guilt of Tagor on those two counts.

In the case of Abass, he was charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs but was convicted on two counts of conspiracy and engaging in prohibited business related to narcotic drugs.

The court acquitted and discharged Abass on the count of supply of narcotic drugs because the prosecution could not lead enough evidence to establish his guilt.

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 a result of a meeting allegedly held at the residence of Assistant Commissioner of Police ACP Kofi Boakye, then Director of Police Operations, with four persons including Tagor and Abass, which was secretly rewarded by an unknown person. Abass later in evidence before the court claimed he recorded the proceedings.

However, the court did not order seizure of the numerous property including landed property, the vessels of Tagor and Abass which the prosecution tendered in evidence in the course of the trial.

The court’s reason was that the prosecution failed in establishing that the property belonged to Tagor and Abass even though the judge had admitted that he did not like the answers given by Tagor and Abass on the property issue.

Convicting the two on the charge of conspiracy, the court held “there is no doubt that a meeting was held at the residence of ACP Boakye in a cordial and brotherly manner and it was at this meeting that they agreed to look for the missing 76 parcels of cocaine to share. This is the extent to which they conspired.”

He said Tagor and Abass on the secret tape recording openly admitted undertaking an activity which was primarily geared towards the promotion of an enterprise related to narcotic drugs.

The court said Tagor had confessed openly that he credited 200 kilogrammes of cocaine which he arranged payment of 100 kilograms in Holland while Abass also confessed dealing in cocaine previously.

The court said the defence offered by the convicts that they were bating Kofi Boakye to talk could not be accepted because they made genuine confessions adding. “How can someone who claimed to be bating another implicate himself to this extent?”

He said the evidence given by Colonel Isaac K. Akuoku (Rtd), the former Executive Secretary of the Narcotics Control Board who testified at the instance of Abass collapsed the convicts alibi of bating.

During his evidence, Col Akuoku (Rtd) denied ever knowing Abass.

Turning to the prosecution’s inability to charge ACP Boakye the judge said “I am not personally comfortable with the Attorney-General’s decision not to put ACP Boakye on trial because he made serious statements on the tape and should have been called upon to answer.”

“I am not saying this out of malice. I know the decision to prosecute is the discretion of the Attorney General but the silence on ACP Boakye is not the best.”

“I do not also have anything against the prosecution for not using ACP Boakye as a witness because whatever he could have told the court was said by Acheampong who was also at the meeting but ACP Boakye was very fit for the prosecution to try.”

“ACP Boakye was not tried and only time will tell if the AG will ever put him before a court.”

Regarding the initial investigator Chief Inspector Justice Nana Oppong, the judge said “he did a shoddy investigations” and also added that the then Greater Accra Regional Police Crime Officer, Bright Oduro did not act professionally at all.”

He called on the Police Administration to always investigate the backgrounds of police investigators before assigning them to high profile cases saying “there were several lapses in the initial investigations at the regional level but when the Police Headquarters took over, Chief Inspector Adaba acted timely.

The court further said the attempt by Abass to link Mr. Adaba to those officers who had gone to Ada to arrest Sheriff Asem Darke, owner of the cocaine, was unfortunate.

The court held the Chief Inspector Adaba was able to convince the court about the terminologies used in the drug trade saying “words such as ‘goods’, ‘business’, ‘keys’ or ‘nsafoa’ heard on the tape referred to the cocaine business.”

Turning to those who analysed and examined the contents on the tape the court held “no defence counsel was able to contradict the evidence by Professor J.P. French, Phillip Harrison and Professor Kofi Agyekum. I found competence, experience and credibility in all their work.”

“They did an excellent job. Whenever they could not attribute or assign any person to any speaker they were very frank to the court. The tape is very authentic. It was not contradicted.”

Tagor was in clutches when he appeared before the court yesterday and when asked by the judge he said “I was playing football in prison when I got injured,” to which Justice Dotse said “have my sympathy.”

The judge took about four hours to deliver the judgement.

Tagor, Abass, Acheampong, Ababio and Yaw Billah were arrested on August 3, soon after testifying before the Justice Georgina Wood Committee on suspicion that they had knowledge in the missing 76 parcels of cocaine brought into the country by the vessel M.V. Benjamin.

The two men, together with Kwabena Acheampong and Victor Kisseh, also called Yaw Billah earlier on November 23, 2006 had been discharged by an Accra circuit court after the Attorney General (AG) filed a “Nolle Prosequi” indicating its unwillingness to pursue the case, but Tagor and Abass were re-arrested on the orders of the AG and charged at the Fast Track High Court with fresh charges.

Acheampong was brought to court but was later turned into a prosecution witness.

Two others, Kwadwo Ababio and Alhaji Moro who were arrested together with the above mentioned were also not tried.

The facts as presented by Ms Gertrude Aikins, Chief State Attorney, are that on April 26, the MV Benjamin vessel, also called Adede 2 anchored at the Tema Harbour where 76 out of 77 parcels of cocaine were off loaded into two canoes which carried them to the Kpone Beach, near Tema.

“The news of the arrival of the cocaine spread like wildfire in the underworld and the security agencies started investigating the matter,” she said.

Ms Aikins told the court that the then Assistant Commissioner of Police in-charge of Operations, Mr. Kofi Boakye, invited the accused persons to his residence at Kanda, Accra, in connection with the missing parcels.

At the said meeting, the accused voluntarily confessed to their dealings in narcotic drugs and even boasted about previous activities relating to narcotic drugs and further settled old scores and disputes.

In the process, they openly confessed that they had purchased, supplied, paid for, certified, credited and distributed drugs in and outside the country.

The confessions, Ms Aikins told the court, were recorded.

The accused at the said meeting also agreed to locate the 76 parcels of cocaine, seize and share it in furtherance of their business of dealing, promoting and establishing narcotic drugs because the quantity brought by the MV Benjamin was too much for one person to enjoy it alone.

Police order Accra taxi drivers to wear uniforms

By William Yaw Owusu

Thursday November 29, 2007
From December 15, taxi drivers who don’t wear the AMA prescribed uniforms will not be allowed to operate, Assistant Commissioner of Police Daniel Avorga, in charge of motor Traffic Unit has said.

The police are determined to enforce the Accra Metropolitan Assembly’s directive to taxi drivers to wear the light blue shirt over dark trousers uniform. Mr. Avorga said yesterday at a meeting of stakeholders.

The drivers strongly opposed the idea when it was initiated a year ago, citing various reasons including their inability to afford the cost.

The meeting attended by Mr. Stanley Nii Adjiri Blankson, the Accra Metropolitan Chief Executive and representatives of commercial transport operators was convened by the AMA to announce the enforcement of the embossment of all taxis with identifications and the wearing of uniforms by taxi drivers.

Mr. Avorga said, “this idea is a good one. It is not the first time we are introducing this. All taxi drivers should comply into the Assembly’s directive by December 15.

“When drivers are in uniform it enhances cohesion, discipline, quick identification and makes their control very easy.”

“We do not want to be seen to be driving drivers to court over this issue. Just comply with the directive.” he said.

Mr. Avorga said that the MTU is in a position to direct and control traffic before, during and after the Ghana 2008 tournament.

On his part, Mr. Adjiri Blankson said the assembly has the power to ensure total discipline in the city through the enforcement of its by-laws.

“We are not against drivers. We only want to ensure that the profession gains respectability.”

He said the AMA has signed a memorandum of understanding with the Ghana Road Transport Coordinating Council (GRTCC) to enforce the wearing of uniforms.

On identification for taxis Mr. Adjiri Blankson said since the exercise started in January, a total of 17,632 taxis have been registered and embossed with serial numbers.

“With the introduction of this programme the incidence of taxis involved in robbery has reduced drastically. We have to introduce interventions to sanitise the city”, he stated.

Mr. Matthew Hayford, Acting General Secretary of GRTCC said “our members are now seeing the need to wear a uniform and register their taxis.”

His suggestion that the drivers be allowed to put on ‘African wear’ on Fridays and weekends was accepted by the Chief Executive.

Discussions over the introduction of the uniforms began last year between the AMA and the GRTCC.

A memorandum of understanding was signed between the two bodies, which assigned the GRTCC the responsibility of educating the drivers about the need to wear the uniform, while the AMA focused on the embossment of vehicles which began on February 5 this year.

Ali Baba Bature, Public Relations Officer of the AMA, explained to the Times that the AMA was compelled to take up the issue of the uniforms when it was realised that the GRTCC’s effort was not having the desired impact.

He added that any taxi driver who fails to comply with the directive will pay a fine
GH C200 or a six month prison sentence.

MUSIGA Ordered To File Defence

By William Yaw Owusu

Wednesday, 28 November 2007
AN Accra Fast Track High Court yesterday refused to set aside a writ of summons filed by Gyedu Blay Ambolley, a musician, who wants an order of interim injunction on the recent elections held by the Musicians Union of Ghana (MUSIGA).

Instead, the court, presided over by Justice Victor Ofoe, asked MUSIGA to file their defence for the court to determine whether or not Mr Ambolley has the capacity to sue the union.

Initially, Mr Am-bolley filed an exparte motion for injunction but the court said it could not grant his claims because the nature of his application demanded that MUSIGA was served on notice for it to contest those claims.

He repeated the application on notice and prayed the court to, among other things, declare that the vetting committee, set up by the union was unconstitutional and another declaration that he was eligible to stand for position of president of the union

Mr Ambolley claimed that by virtue of article 8(3) of the union’s constitution, any member in good standing could contest for a position, adding that on October 4, he filed his nomination to contest for the position of president but was prevented by the vetting committee from contesting.

When MUSIGA was served with Ambolley’s processes to appear before the court, it came to contest that the plaintiff did not follow due procedure in filing the application and that he had no capacity to institute the application in the first place.

Moving the motion to set aside Ambolley application for interim injunction, Mr Adjabeng Akrasi, counsel for MUSIGA said "the plaintiff’s address is defective and the mode of service of all the named processes constitute a fundamental breach."

He said: "Mr Am-bolley is not known to the union, to the extent that he is not of good standing, not having paid any dues or at all, for a considerable number of years."

Reacting, Mr Akoto Bamfo, counsel for Ambolley said the union had correspondence with his client through the address used in filing the application and he wondered why MUSIGA could argue that the address is incomplete and insufficient.

He said the issue raised by Ambolley could not be resolved by affidavit evidence adding, "We ought to lead evidence through a trial to resolve the issue".

Mr Akrasi however cut in to say that when filing the application Mr Ambolley had the responsibility to satisfy the court that he had capacity to sue the union. He said MUSIGA was permitted under the law to raise this issue at any stage of the trial.

Justice Ofoe ruled, "MUSIGA should file its defence for the matter to be looked into. As for the issue of address it can easily be taken care of by Order 80 of the High Court rules."

On October 22, Ambolley submitted himself before the union’s vetting committee for the position of president but said he later realised that the union was wrong in forming the vetting committee.

He subsequently wrote to the committee on October 30 to announce his decision not to submit himself for vetting but the committee ignored it but went ahead on November 2, to disqualify him from contesting for the position of president.

On November 14, the union held its annual congress in Sunyani and elected unopposed Mrs Diana Hopson as the new MUSIGA president .

Court to rule in mini-trial of cop

By William Yaw Owusu

Wednesday November 28, 2007
A Fast Track High Court in Accra will on November 29, give ruling in a mini-trial in a substantive case involving a policeman and a civilian being tried for allegedly dealing in cocaine.

The case involved Lance Corporal Ekow Russell, one of nine policemen interdicted in April, last year, for dealing in cocaine, and a civilian, Maxwell Antwi, whom the police claim Russell had given the narcotic drugs.


On November 7, when the prosecution sought to tender Antwi's statements in evidence, his counsel Musah Ahmed, objected, saying “Antwi gave the statement based on police assurance that he was going to be released on bail”.

He said that after the statement was taken, Antwi was not given the opportunity to seek the advice of a counsel and cited the “Illiterates Protection Act” as not being followed by the police.

“My client was dribbled by the police and we are calling for an enquiry into this," counsel said.

The prosecution had insisted that Antwi’s statements on March 27 and April 12, were taken in the presence of Samuel Sarku, an independent witness.

Left with no option, the court immediately commenced a trial within trial to unravel the truth.

Sarku and Chief Inspector Michael Addai, the investigator in the case, took turns to testify before the court.

When Antwi took his turn yesterday, he admitted that his statements were taken without any threat from any police officer and added that he gave it voluntarily.

He denied that Inspector Addai read over what he had written to him saying “I spoke in Twi and the investigator recorded in English. He only asked me to sign when he had not read over to me what I had told him”.

He further claimed that Sarku was called in by the investigator to witness the statements when the whole process of statement taking was over.

Antwi admitted that he was the person who had mentioned Russell’s name to the police and not Chief Inspector Addai saying “when I was arrested I told them that the bag I was holding belonged to Russell but I did not know that there was cocaine in it”.

He claimed that Chief Inspector Addai had advised him to accept responsibility for the case to enable Russell to secure the services of counsel on their behalf.

Russell 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. Antwi is charged with one count of possession of narcotic drugs without lawful authority.

On November 2, the court dismissed an application for discontinuation of the case against Russell. His counsel, Captain Effah-Darteh (retired), had submitted that Russell had been processed before the Police Service Enquiry at the same time that the trial was proceeding.

The case for the prosecution was that on March 27, Antwi was arrested by the police with a whitish powdered substance which was later tested to be cocaine.

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

The prosecution said on January 16, Russell, together with a team of policemen and accompanied by some Nigerian informants, arrested Sebastian Uba, also a Nigerian, with eight slabs of cocaine.

Russell, according to the prosecution, asked his colleagues to wait outside Uba's house while he entered with the informants.

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

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

The prosecution further told the court that Uba escaped from police custody on January 31, when Russell was instructed to take him from the La District Police Station to the Regional C.I.D. for investigations.

Witness contradicts evidence of accused

By William Yaw Owusu

Wednesday November 28, 2007
A defence witness who testified at the instance of Joseph Kojo Dawson, the MV Benjamin vessel owner standing trial for allowing his vessel to be used to import 77 parcels of cocaine into the country yesterday contradicted the evidence of the accused person.

Dawson, standing trial together with the vessel’s crew that brought the cocaine had told the court in October that he paid off the crew in March 2005, before Sheriff Asem Darke, the man wanted in connection with the importation of the cocaine allegedly engaged them when he chartered the vessel to tow his distress vessel from the high seas in Conakry Guinea.

But when Prince Otchere an accounting personnel from Dashment Company Limited, joint owners of the vessel where Dawson is the Managing Director testified he told the court that he paid off the crew in February 2005, and not March.

When suggested to him by William Kpobi, a Principal State Attorney prosecuting the case Dawson had testified that it was March, Otchere said “I will be surprised because I was in charge of the payment of salaries of workers at Dashment and I paid them off in February when the vessel developed a fault.”

Dawson is being tried with four others for the importation of the narcotic drug.

Dawson and his accomplices - Isaac Arhin, 40, Phillip Bruce Arhin, 49, a mechanic, Cui Xian Li, 49, a vessel engineer and Luo Yui Xing, 49, both Chinese, who were on board the MV Benjamin vessel that allegedly brought the narcotic drug package, in April 2006, lost their respective applications for submission of ‘no case’ after the close of the prosecution’s case.

The sixth person, Pak Bok Sil, a Korean vessel engineer, who was jointly charged with the five was acquitted and discharged by the court for lack of evidence.

The five men have been charged for the roles they played in the alleged importation of the cocaine to the Tema Port in April last year.

Sheriff, popularly called “Limping Man,” now at large, allegedly chartered the vessel from Dawson at 150,000 dollars under the pretext of towing his distressed vessel from Conakry, Guinea.

Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business as related to narcotic drugs and possessing narcotic drugs unlawfully.

The prosecution called 13 witnesses after which the accused persons filed a submission of no case’ because they believed the prosecution failed to establish a case against them.

Led in evidence by D.K Ameley, counsel for Dawson, Otchere told the court that in early 2005, when the vessel developed a fault on the high seas the company sent canoes to bring the crew on board and 31 members were brought, leaving behind five crew including Isaac Arhin and Bruce Arhin on board the vessel.

He told the court that the two arrived in June and they were also paid off before Jil Bae, a joint owner of the vessel brought Sheriff to make arrangements for the charter of the vessel.

Defence counsel tendered through the witness documents showing the payment of the salaries of the workers at Dashment.

Earlier, John Kobena Dawson son of Dawson who had signed the charter agreement on behalf of the company testified before the court.

He told the court that he signed the agreement because when the company was entering into partnership with the Koreans he was the same person who had signed those documents.

He said apart from the Benjamin the company had two additional vessels and also added that he never knew Sheriff until the day that the agreement was signed.

Private bailiffs system extended notionwide

By William Yaw Owusu

Monday November 26, 2007
Following the outstanding performance of private bailiff service companies in a pilot project, the Judicial Service has concluded that privatisation of court bailiffs should cover the whole country.

The service introduced the Court Process Service Scheme (CPSS) for private bailiffs in 2004, on a pilot basis, but has now turned it into a permanent programme, mandating private bailiffs to serve processes from all courts nationwide on litigants.

When the late Chief Justice, George Kingsley Acquah, introduced the project in 2004, only seven companies were given licences to serve processes from some selected superior courts. These included the Supreme Court, Court of Appeal and some High Courts.

However, following their outstanding performance, the service has renewed their licences and also placed advertisements for more companies to join.

The seven licensed companies include: Johnson Complex Company Limited, which handles the Fast Track High Courts in Accra and Kumasi; A-Men International Limited is in charge of the Supreme Court, Court of Appeal and all the un-automated High Courts in Accra.

City Toll Limited is in charge of commercial courts and the Ho High Court, while Vakab Company Limited serves the Tema high courts, Equinos Limited is for Koforidua High Courts.

The rest are Ghana Post, which is handling the Cape Coast High Courts and Kahaz Services Enterprise is in charge of the High Courts in Sekondi/Takoradi.

As a result, court bailiffs will no longer be employed by the judicial service.

At a review meeting with the companys’ representatives in the Commercial Court building in Accra at the weekend, Justice Samuel Marful-Sau, chairman of the private bailiff certification board, however gave assurance that bailiffs, who are already in the service, will not be dismissed.

He said some will be re-assigned other duties in the service while others will carry out bailiff duties such as serving processes on government institutions.

He said the privatisation of the duties of court bailiffs was backed by the new High Court Civil Procedure Rules C.I.47 of 2004 which formed part of the effort to ensure efficiency and effective administration of justice.

Between July 2006 and June 2007 alone, private bailiffs were able to serve a total of 44,221 out of 49,393 processes from the Supreme Court, Court of Appeal and some automated High Courts on litigants, representing 89.53 per cent.

He added that the companies could not serve all processes because some of the writs did not have detailed addresses.

Justice Marful-Sau, who is also with the Court of Appeal, said “the privatisation of the scheme has ensured efficiency in the way court processes are served on litigants and it is helping the courts to dispose of cases because such processes are time bound”.

Justice Sophia Akuffo, a Supreme Court judge, who has oversight responsibility of the scheme cautioned the private companies not to abuse the opportunity given them saying “the service will not hesitate to withdraw your licence if you are found to be impeding justice delivery”.

She urged them to minimise contacts with litigants in the course of effecting services, saying “do it expediently with integrity and honesty because the competence of the courts in justice delivery depends on the service you will render”.

Justice Akuffo said one problem that the judiciary and the entire nation needed to tackle was the issue of landguards adding “it is a demonstration of people taking the law into their own hands but it must not be allowed to stay”.

Mr. Prosper Adeti, Director of Finance of the Judicial Service, said the introduction of private bailiffs had made it simple and easy for the service to collate data on the number of processes served on litigants since the companies file their returns.

During open discussions, the companies expressed concern about the attitude of some staff of the service who they accused of not placing on case dockets, the processes they served on litigants.

Missing cocaine case: Court decides on three cops, Dec 21

By William Yaw Owusu

Friday November 23, 2007
AN Accra Fast Track High Court trying three policemen for their involvement in the missing 76 kilogrammes of cocaine will give judgment on December 21.

The court, presided over by Justice Annin Yeboah of the Court of Appeal fixed the date yesterday after recieving written addresses of both the prosecution and defence.

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

They were alleged to have collected an undisclosed amount in US dollars from Sheriff Asem Darke popularly called Limping Man who is wanted by the police for the importation of 77 parcels of the cocaine, 76 of which were offloaded at the Kpone beach near Tema.

The prosecution led evidence to show that the policemen saw Sheriff at the Kpone 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 from the premises of the Greater Accra Regional Police Command 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 decides on Dr. Anane on Dec. 21 (Unpublished Article)

By William Yaw Owusu

Thursday November 22, 2007
The Supreme Court will on December 21, decide on whether or not Commission on Human Rights and Administrative Justice CHRAJ could proceed to investigate an allegation with or without a complainant.

On October 30, the five-member panel chaired by Justice Georgina Wood, the Chief Justice, had ordered the Attorney-General, CHRAJ and Dr. Richard W. Anane, former Minister of Transportation as an interested party, to file written legal arguments on the issue of ‘complainant’, for the highest court of the land to decide whether or not there should have been a complainant before CHRAJ investigated Dr. Anane.

The court had unanimously ruled that an Accra Fast Track High Court did not err when it quashed a ruling by CHRAJ which cited Dr. Anane for conflict of interest and perjury.

It had also granted a certiorari by CHRAJ against the High Court’s decision to interpret ‘Complainat’ in Article 218(a) of the 1992 Constitution in favour of Dr. Anane and held that the issue of whether or not there should have been an identifiable complainant before CHRAJ proceeded to investigate Dr. Anane fell under Article 130 of the Constitution which was an exclusive jurisdiction of the Supreme Court which the High Court was not permitted to handle.

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

On March 13, the Fast Track Court, presided over by Justice Paul Baffoe-Bonnie, ruled that CHRAJ was wrong in recommending that Dr. Anane, be relieved of his post and quashed the commision’s recommendation that the then applicant be relieved of his position as a Minister of State because he had "brought his power and office into disrepute" after it cited him for perjury, conflict of interest as well as abuse of power and office.

CHRAJ made the recommendations on September 15, last year and further asked Dr. Anane to apologise to the Appointments Committee of Parliament that approved his appointment as a Minister, for lying under oath.

The decisions were reached by the Commission after an 18-month investigation into allegations of corruption, conflict of interest and abuse of power levelled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American with whom Dr. Anane has a child.

Dr. Anane had sought a declaration that the investigation by CHRAJ was "riddled with an irregularity" and a further declaration that there should have been a formal complaint lodged by an identifiable complainant before going ahead to investigate him.

Dr. Anane also prayed the court that another declaration that cited him for perjury was an error and an order of certiorari to quash the commission’s decision.

Dissatisfied with the ruling CHRAJ filed an appeal at the Supreme Court for a certiorari to quash the ruling of the High Court.

Nene Amegatcher, counsel for CHRAJ was the first to make his arguments, insisting that the commission could carry out investigations or initiate its own investigations when there has not been any formal complaint.

He said under Article 230 CHRAJ has the power to investigate compaints as well as investigate allegations that had not been brought before the commission.

But J.K. Agyemang, counsel for Dr. Anane, disagreed saying there should have been an identifiable complainant before CHRAJ set out to investigate his client.

He said Article 218 of the Constitution spelled out the functions of CHRAJ and the commission which he described as an 'inferior body' could not go beyond its jurisdiction to do the investigations.

'The allegations that CHRAJ can investigate when there is no complainant lodged is not true.There should be a complaint and there should be a cause for it'.

When Mr. Joe Ghartey, the Attorney-General took his turn he said 'I would like to focus mainly on how the subject matter relates to public policy', and urged the court to consider the literary meaning of 'complaint' in its interpretation.

He supported Mr. Agyemeng's arguments that there should be a complainant before CHRAJ could investigate saying 'unless there is a complaint CHRAJ cannot go out to investigate an allegation'.

4 held for missing GOIL Coupons (Unpublished Article)

William Yaw Owusu

Wednesday November 21, 2007
The case in which four persons have been charged for allegedly stealing fuel coupons belonging to the Ghana Oil Company (Goil) to enrich themselves of about ¢4.5 billion has taken a new twist at the Accra Circuit Court where they are being tried.

When the case was called, the prosecution led by Mrs. Evelyn Keelson, a Principal State Attorney told the court that police investigations revealed that the amount involved had increased to ¢9.1billion and added ‘we are still investigating.’

Under the circumstance, the court presided over by Mrs. Elizabeth Edusei, which had adjourned proceedings yesterday in order to rule on the application for bail did not do but rather asked both defence and the prosecution to come back to the court today for the bail application to be renewed.

But when they appeared before the court the judge declined the grant of bailuntil December 5, to enable the police to continue investigating the matter.

Those remanded in police custody in connection with the missing coupons are Emmanuel Amegashie, a production technician at Camelot Ghana Limited, the company which prints Goil coupons, Lawrence Avorgbedor, former employee of Camelot, Joshua Kwamina Asamoah a taxi driver and Samuel Kofi Addo, an employee of Goil.

A fuel coupon is a ticket or document that can be exchanged for a financial discount on fuel products.

They pleaded not guilty to two counts of conspiracy and stealing on their first appearance on November 8.

The prosecution’s case was that last September, Amegashie entered the hologram vault and was caught by security cameras installed at the place.

Amegashie, the prosecution said, was seen on the camera carrying away a box containing some items from the room.

Officials of the company upon a check later realised that 30,000 leaflets of GH¢20 and GH¢15 denominations of Goil coupons, all valued at ¢4.5 billion, were missing.

The prosecution said Amegashie gave the coupons to Avorgbedor who printed serial numbers on them and handed them over to Asamoah.

The prosecution said Addo, who resigned last month as a pump attendant, was brought into the deal by Avorgbedor to sell the coupons.

On October 30, Addo went on his usual rounds to sell more coupons but was arrested at Dansoman, in Accra.

The prosecution said upon his arrest, Addo led the police to pick up Asamoah who in turn also led the police to arrest Avorgbedor.

Avorgbedor consequently admitted the offence and led the police to pick Amegashie.

The Areeba case:Court to decide on investcom's action

Areeba which was bought by MTN is telecommunication giant in Ghana

By William Yaw Owusu

Tuesday November 20, 2007
THE Commercial Court in Accra will on December 6, decide whether or not to allow Investcom Consortium to continue an arbitration in London, U.K, in the same case in which Richmond Aggrey, a Ghanaian businessman, has sued the company and is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service, now MTN.

Investcom Consortium Holdings S.A of Beirut, Lebanon, a defendant, and majority shareholder in Scancom Limited, has commenced arbitration proceedings in London despite decisions by both the trial court and the Court of Appeal that they will not stay proceedings pending the arbitration.

Under the circumstance, Mr. Yonnei Kulendi, counsel for Mr. Aggrey, yesterday moved a motion on notice for interlocutory injunction to restrain Investcom from proceeding with the arbitration.

Besides Investcom, Mr. Aggrey, former Vice Chairman of Scancom, is also suing the telecommunication giant and Grandview Management of Texas, United States, to claim his shares.

The court on July 14, last year, granted Mr. Aggrey an ex-parte application to restrain the defendants from going ahead to conclude a merger with the MTN Company of South Africa.

Mr. Aggrey had argued: that "Continuing and or concluding a merger with and/or acquisition of Investment LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as third party."

Following the development, Scancom, on July 24, filed an application to strike out Mr. Aggrey’s action "in part or whole" on the grounds that he failed to adhere to procedure 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 Scancom to file its defence within 14 days.

Consequently, Scancom filed a notice of appeal to challenge the court’s ruling and another motion on notice to stay proceedings pending the appeal but Justice Henry Kwofie, the trial judge, dismissed it on December 8, and awarded ¢10 million cost against Scancom.

Scancom then went to the Court of Appeal to challenge the trial court’s decision which was again dismissed by a three-member panel on March 27, with a five million cedis cost awarded against the appellant.

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

The court on April 17, awarded an eight million cedis cost against Scancom for the delay.

On November 7, the Court of Appeal again dismissed an application by Investcom challenging the trial court's decision not to allow them and the plaintiff to go on arbitration in London and awarded ¢10 million costs against them.

Moving the motion, Mr. Kulendi said, “Investcom is a party to the proceedings before this court. It has entered an appearance and filed a defence but at the same time is earnestly proceeding with the arbitration in London.”

“We want an unambiguous and express order to restrain them since the court has the legal authority to protect the sanctity of the proceedings. We will suffer irreparable damage if the order is not granted.”

“He described Investcom's move as 'unimaginable' harrassment saying ' the effort by Investcom to proceed with the arbitration outside the country when the case is still being determined by a Ghanaian court is to close the plaintiff's right to natural justice.”

Responding, Mr. Felix Ntirakwah, counsel for Investcom, said: “We have not abandoned our right to have the matter determined. We are only exercising our right to arbitration under the shareholders' agreement.”

He said Investcom did not need the “leave” of the court before proceeding to arbitration and that should not be interpreted by the plaintiff to mean a disrespect to the court.

“Plaintiff has taken a different view about the import of arbitration in the shareholders' agreement but it is a serious business and we stand to lose if an order is made against us”.

Mr. Thaddeus Sory, counsel for Grandview, arguing on points of law, opposed his co-defendant's position to go on with the arbitration process saying “it is better if the arbitration proceedings is stopped for this trial to proceed”.

He said a careful study of the shareholders' agreement indicate that the arbitration rights claim by Investcom is not automatic saying 'we should not allow proceedings in the arbitration to overtake the proceedings of this court'.

Indecent dressing in tertiary institutions condemned

By William Yaw Owusu

Tuesday November 20, 2007
INDECENT dressing and high level of indiscipline in tertiary institutions received a flak at this years’ matriculation ceremony of the Methodist University College Ghana (MUCG), held in Accra at the weekend.

Very Reverend Professor Samuel K. Adjepong said “dresses are to be selected primarily for good personal health and decency. Male students should not go barefoot or without shirts.

Shits worn by female students must be long enough o cover their knees. Transparent and tight fitting blouses and sweaters or shirts are not permitted.

When Prof. Adjepong made the statement the students became quiet all of a sudden.

He then remarked “would you not applaud me?”, then the place erupted into rounds of applauds.

In all, 1004 students made up of 517 females and 487 males took the matriculation oath to pursue programmes such as Business Administration, Arts, Social and General Studies.

It was the eight matriculation ceremony since the establishment of MUCG which now has campuses in Tema and Wenchi in the Brong Ahafo Region apart from Accra, with a total student population of 3,227.

Professor Adjepong said “in your academic pursuits, let discipline be your watchword and morality your guiding principle.”

“Be reminded that drunkenness and disorderly behaviour constitute serious breaches of discipline. Smoking is forbidden Possession of and indulgence in hard drugs are prohibited.”

The Principal also touched on promiscuity saying “I advise you to stay clear of pre-marital and extra-marital sex. The HIV/AIDS pandemic is real.”

He said MUCG maintains flexible curricula that provide n integrated knowledge base before specialization in order to ensure an all-round intellectual development of students.

“Our teaching methodologies are so designed as to develop in the students the ability for critical thinking which will help them to find practical solutions to problems in their communities, the nation and the world at large.”

Prof. Adjepong announced that the MUCG has been granted accreditation to run degree and diploma courses in General Agriculture, Horticulture, French as well as Masters in Business Administration.

He also said a one year course in Information Technology will be introduced soon.

Dr. Francis L. Bartels, a retired Educationist and former Ambassador to Germany who was the guest of honour commended the Methodist Church for the important role the church has played in the development of Ghana especially in education.

“Methodist is a great movement. I urge matriculants to take advantage of this university to play a leading role in the development of this country.

Ministry sets up probe into Bomfobiri sanctuary

Mrs. Esther Obeng Dapaah is Ghana's Minister of Lands Forestry and Mines

By William Yaw Owusu

Tuesday November 20, 2007
THE Ministry of Lands Forestry and Mines on Friday inaugurated a committee to investigate an alleged illegal teak harvesting in Bomfobiri Wildlife Sanctuary near Kumawu in the Ashanti Region.

The five-member committee has six weeks to submit its report to the sector Minister, Mrs Esther Obeng Dapaah.

The committee has been tasked to determine the circumstances under which teak harvesting rights in Bomfobiri Wildlife Sanctuary was awarded also determine the effects of resource extraction in the sanctuary and how this impacted on sustainable forest management and environmental quality.

In addition, committee will find if any harvesting rights have been granted in any protected area ie hill sanctuary, Globally Significant Biodiversity Area (GSBA) or any of the Wildlife Protected Areas (WPA’s) of the Sanctuary.

Inaugurating the committee at a short ceremony in Accra on Friday. Mrs Dapaah said “since news broke out that illegal teak harvesting was taking place in the sanctuary, stakeholders including some land owners have denied any illegality and you as experts will have to investigate to come out with the truth.”

She said after the committee submitted its recommendations, the ministry will take the necessary action to protect the sanctuary from further degradation.

Later in a interview the Minister expressed concern about the rate of degradation of the country’s forest.

“Our entire environment is at risk and we will work hard to protect it,” she added.

AMA Rids City Of Illegal Billboards

Some AMA staff busily bringing down posters at the Kwame Nkrumah Circle in Accra


By William Yaw Owusu

Monday, 19 November 2007
The Accra Metropolitan Assembly (AMA), yesterday commenced the removal of unauthorised billboards and sign posts in the Metropolis.

The exercise which is expected to continue until advertisers follow proper procedures in the erection of billboards, is being supervised by the AMA Technical Committee on Outdoor Advertising.

It started at about 7 a.m. yesterday on the Graphic Road through to the Awudome Cemetery area and ended up at the Dzorwulu Junction on the road to the Tetteh Quarshie Interchange.

They brought down photographs on about 50 billboards, leaving the skeletal metal poles and also removed all private signposts. Ali Baba Abature, Special Assistant to the Metropolitan Chief Executive, who was with the team said, "we will bring down all the affected structures within the week."

He said "beside these structures defacing the beauty of the city, they also obstruct road traffic."

Mr. Abature said most of the advertisers had permits for single billboards but are using them for other structures without coming for permits to cover them.

"This step will improve AMA’s revenue generation as recalcitrant advertisers will now see the need to pay their taxes for development."

Mr. Francis Dadzie, a member of the Advertising Association of Ghana (AAG) and also the AMA Technical Committee on Outdoor Advertising said, "there is a procedure to follow to acquire the right to erect a billboard but most people ignore it and do their own thing."

He explained that an advertiser is expected to pay between ¢52 million and one million annually, depending on the size of billboard.

"As I speak to you, most advertisers are erecting new billboards without paying anything while others have failed to renew old permits."

He said the committee is expected to achieve a ¢10 billion revenue target adding "we already have ¢6 billion and this exercise will help us generate the rest before the year ends."

Mr. Dadzie announced that from 2008, no individual directional signs will be permitted saying "we are going to enforce and insist on group directional signs".

He dispelled rumours that the exercise was being carried out because of the impending African Cup of Nations to be held in January, explaining that "this has been a routine exercise."

We were initially not working due to logistical constraints."

President's Accident: SUSPECT BEFORE COURT

Thomas Kofi Osei, the man who reportedly crashed the Prsident's car with his Benz


By William Yaw Owusu

Saturday, 17 November 2007
A man yesterday appeared at the Motor Court in Accra, charged with four counts of dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to the presidential convoy.

Thomas Kofi Osei, 51, on Wednesday allegedly drove into President J. A. Kufuor’s car, causing it to overturn.

The President escaped unhurt but his driver, Osafo Addo, was rushed to the 37 Military Hospital in Accra and later discharged.

Osei, with a plaster on his left eyebrow, was brought to the court in handcuffs, in the company of Assistant Commissioner of Police in-charge of the Motor Traffic Unit, ACP Daniel Julius Avorga.

He had no legal representation and a police source later told the Times that at the time of his appearance before court, no counsel had come forward to represent him.

There were a number of people at the court premises but they seemed not aware that Osei was to be arraigned before the court yesterday.

Two policemen, one armed with an AK 47, escorted him into the courtroom at 1.52 p.m. Proceedings lasted for about 16 minutes.

When the case was called, Chief Inspector Dora Seiwaa, prosecuting said: "We do not intend to take his plea.

"We want the court to remand him in police custody so that the police can continue with their investigation into the matter."

The court, presided over by Mr. Samuel Diawuo, granted the prosecution’s request and asked the clerk to read the charges to the hearing of Osei.

Presenting the fact of the case, Chief Inspector Seiwaa said that about 11.30 a.m. on November 14, Osei was driving a Mercedes Benz Saloon Car SE500 with registration number GT 2989W in the inner lane along the South Liberation Link from the direction of AFGO, towards the 37 Military Hospital area in Accra.

"On his arrival at the traffic light intersection at Opeibea House, Osei ignored the presidential siren and drove straight into the near (side) of the President’s Mercedes Benz S500 being driven by Mr. Osafo Addo."

She said the President’s convoy was coming from the Tetteh Quarshie Interchange towards the Osu Castle and the President’s car was in the middle lane.

"The impact forced the President’s car to turn round and hit a light pole on the central reservation.

"The President’s car finally fell on the right side and landed on a VW Golf car with registration Number GW 8750X which was in the inner lane from the 37 Military Hospital direction".
The prosecutor said the Golf car was being driven by a pastor, Ken Joe Osei Kuffour.

"All the vehicles were damaged and the drivers sustained injuries and were rushed to the 37 Military Hospital where Mr. Osafo Addo and Pastor Kuffour were treated and discharged.

"The President escaped unhurt," the prosecutor added.

She said investigations revealed later that Osei was driving under the influence of alcohol and when samples of his urine were taken for testing it contained 0.41 per cent of alcohol.

She said the legal limit allowed for driving is 0.08 per cent.

After the prosecution’s case, Mr. Diawuo remanded the accused into police custody, until November 30.

Italy Lobbying For Support Against Death Penalty

By William Yaw Owusu

Saturday, 17 November 2007
THE Italian government is lobbying Ghana to back its campaign for the abolition of the death penalty worldwide.

It, therefore, called on Ghana’s Chief Justice, Georgina Wood on Wednesday to seek the support of the judiciary in that regard.

Italy, in January, embarked on a campaign at the United Nations for a global ban on the death penalty after the execution of former Iraqi President, Saddam Hussein.

Italy joined the United Nations Security Council on January 1, as a non-permanent member for a two-year term and plans to use the period to prepare a set of activities towards making the death penalty illegal.

A declaration to that effect has been signed by 85 countries.

It has already called on the General Assembly of the UN to re-examine a non-binding declaration against the death penalty.

At the meeting, which was also attended by the Judicial Secretary, Regina Apotsi, Ambassador De-Agostini said "I have come here to seek your support and ideas on the death penalty."

He admitted that the issue of the abolition of the death penalty is "quite controversial," but said "we are acting on the basis that the death penalty is not a solution to crime especially murder."

The Ambassador said "at the UN we are asking for a moratorium on the death penalty pending the outcome of the debate."

Ambassador De-Agostini said, "Italy has a deep admiration for Ghana for the appointment of a female Chief Justice and we will work in partnership to ensure progress in the country’s administration of justice."

Responding, Justice Wood said although the death penalty is in the statute books, there has been no implementation since Ghana returned to constitutional rule.

Mrs. Rawlings, Others Move Motion For Stay (Unpublished Article)

Mrs. Rawlings


By William Yaw Owusu

Friday November 16, 2007
Former First Lady Nana Konadu Agyeman Rawlings, and four others, being tried in connection with the divestiture of the Nsawam Cannery on Thursday moved a motion on notice to stay proceedings in the trial at an Accra Fast Track High Court.

They want another Fast Track High Court to determine a civil suit that they filed against the Divestiture Implementation Committee and the Attorney to be concluded before the current criminal action could go ahead.

The accused persons who filed for a stay of proceedings are Mrs. Rawlings, Hanny Sherry Ayittey, Director of Carridem Development Company Limited (CDCL) and the CDCL itself which is also on trial.

Kwame Peprah, former Finance Minister and chairman of the Divestiture Implementation Committee (DIC), and Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC and Thomas Banson Owusu, former DIC Accountant have not filed for stay of proceedings but are in support of the action by their co-accused.


In the criminal trial the accused persons 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.

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 have pleaded not guilty and are on self-cognizance bail.

Moving the motion Mr. Tony Lithur counsel for the applicant said the determination of the appeal will have a bearing on the criminal case.

He said they filed a similar application to have the proceedings stayed but the court then presided over by Justice Paul Baffoe-Bonnie who is now with the Court of Appeal dismissed it and when they filed an appeal at the Court of Appeal against the ruling, the prosecution quickly went to change the charge sheet and preferred fresh charges against the accused persons hence the need for this fresh motion.

He said in the civil suit where the court is to determine whether or not the Nsawam Cannery was legally and properly acquired by CDCL, the A-G who is a defendant had actively filed a defence and a counter claim to contest the suit.

Mr. Lithur said the A-G in instituting the criminal action “is seeking a collateral advantage in this criminal suit”, adding “the Constitution gives the A-G the power to initiate criminal action but this discretinary powers are being exercised in bad faith”.

He said the constitution gives the court powers to review the A-G’s discretionary powers because the A-G is acting manipulatively and if proceedings were not stayed it will undermine the outcome of the civil trial.

The court presided over by Justice K. Kobena Acquaye then adourned proceedings until December 3, for the prosecution to respond to the application.

The court also granted Ms. Ayittey permission to trvel to seek medical treatment.

Lawyer Testifies In Coke Trial (Unpublished Article)

By William Yaw Owusu

Friday November 16, 2007
A lawyer whose chamber the charter agreement that led to the importation of 77 parcels of cocaine into the country in April 2006, was signed, testified at an Accra Fats Track yesterday.

Mr. Emmanuel Francis Owuoh came to give evidence at the instance of Joseph Kojo Dawson, the owner of the M.V.Benjamin vessel who is being tried for allowing his vessel to be used to cart cocaine.

He is being tried with four others for the importation of the narcotic drug.

Dawson and his accomplices - Isaac Arhin, 40, Phillip Bruce Arhin, 49, a mechanic, Cui Xian Li, 49, a vessel engineer and Luo Yui Xing, 49, both Chinese, who were on board the MV Benjamin vessel that allegedly brought the narcotic drug package, lost their respective applications for submission of ‘no case’ after the close of the prosecution’s case.

The sixth person, Pak Bok Sil, a Korean vessel engineer, who was jointly charged with the five was acquitted and discharged by the court for lack of evidence.

The five men have been charged for the roles they played in the alleged importation of the cocaine to the Tema Port in April last year.

Sheriff, popularly called “Limping Man,” now at large, allegedly chartered the vessel from Dawson at 150,000 dollars under the pretext of towing his distressed vessel from Conakry, Guinea.

Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business as related to narcotic drugs and possessing narcotic drugs unlawfully.

The prosecution called 13 witnesses after which the accused persons filed a submission of no case’ because they believed the prosecution failed to establish a case against them.

Led in evidence by D.K. Ameley, counsel for Dawson, Owuoh told the court that he is the solicitor for Dashment Company Limited, the company where Dawson is the Managing Director and received a monthly stipend of 1million cedis.

He said Dawson came to him in November 2005 to tell him that the vessel which then docked at the Takoradi Port and which is jointly owned by Dashment Company and a Korean fishing company was giving them problems and intended to sell it.

The witness said Dawson came again in January 2006 to say that the Koreans had got a buyer but that buyer wanted to use the vessel to tow his distress vessel at Conakry Guinea and assess the sea-worthiness of M.V Benjamin before it could be bought.

“On February 6, 2006, at 4:30 pm a man who described himself as Sheriff Asem Darke and his lawyer called William Kobb Lumor came to my chamber in the company of Bae, the vessel’s representative from Korea to meet Dawson and his father for the agreement.”

“We were to prepare both charter and sale agreements and when I requested that we should prepare them Sheriff said that had already been done”.

He claimed that when he went through the agreements and realised that there were inconsistencies in them Bae insisted that the agreements should be signed because he was traveling to Korea on that same day and could not wait for new agreements to be prepared.

During cross examination by Mrs. Stella Badu, a Principal State Attorney, Owuoh told the court that Dawson made his father to sign for him when the preamble referred to Dawson and the accused should have signed instead of the father.


He said Dawson had made his father sign the agreements with Sheriff because his father was the person who had signed the hire-purchase agreement.

He said it was Bae who witnessed for Dawson.

He also said Sheriff signed as Evans Charwetey Tsekobi and his lawyer witnessed for him but the prosecution was able to point to him that before the agreement was signed he knew Sheriff was not Tsekobi, to which he replied “when he entered he mentioned his name as Asem Darke”.

The prosecution again put to him that he did not represent Dawson’s interest in the agreement but Owuoh insisted “I did but it was Bae who wanted things to be done quickly because he was traveling to Korea that night”.

“The agreements came in this form and was executed in this form. My influence was not felt because Bae said there was no time to waste”.

The court, presided over by Justice Annin Yeboah of the Court of Appeal, adjourned proceedings until November 21, for Dawson to call another witness.

Yabson Ordered To File Defence (Unpublished Article)

By William Yaw Owusu

Friday November 16, 2007
An Accra Fast Track High Court yesterday could not fix a date for judgement in the case of three policemen standing trial for their involvement in the missing 76 kilogrammes of cocaine because one of the policemen had not file his address.

On October 16,the court presided over by Justice Annin Yeboah of the Court of Appeal had ordered both the defence and the prosecution to file their addresses by November 14, before judgement date could be fixed but when trial resumed on Thursday, Lance Corporal Dwamena Yabson, one of the accused had not file any address before the court.

However, Sergeant David Nyarko and Lance Corporal Peter Bundorin who are charged together with Yabson had filed their addresses through their counsel, Musah Ahmed.

The judge then asked Yabson to inform his counsel to file the address before the court resumes sitting on November22.

The prosecution has already indicated to the court that they would prefer an oral submission before the court.


The three policemen have been charged in connection with the missing cocaine brought into the country on April 25, last year, by the vessel M.V. Benjamin.

They were alleged to have collected an undisclosed amount in US dollars from Sheriff Asem Darke popularly called Limping Man who is wanted by the police for the importation of 77 parcels of the cocaine, 76 of which were offloaded at the Kpone beach near Tema.

The prosecution led evidence to show that the policemen saw Sheriff at the Kpone 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.

The East Legobn Cocaine Case: VENEZUELANS JAILED 70 YEARS

Mella and Castillo going to court to hear their sentence

By William Yaw Owusu

Wednesday, November 14, 2007
The two Venezuelans arrested in connection with the siezure of 588.88 kilogrammes of cocaine in a house at East Legon, Accra in November 2005, have been jailed 25 years and 20 years respectively by an Accra Fast Track High Court.

They are Joel Mella, a machine operator who received 25 years and Halo Cabezza Castillo, 38, businessman who had 20 years. They are to serve in hard labour.

Another Venezuelan, David Duarte Vasquez, now at large who is the brain behind the importation of the narcotic substance was also sentenced to 25 years in absentia by the court.

It was Vasquez’s Ghanaian girlfriend, Grace Asibere Asibi, who informed the police about the narcotics business of the Venezuelans, leading to their arrests.

The court, presided over by Justice E.K. Ayebi found them guilty on three counts of conspiracy and importation of narcotic substance without a license from the Ministry of Health.

Mella alone faced an additional charge of possessing narcotic drugs without lawful authority.

The court whose verdict took more than an hour yesterday, ordered the two be deported back to Venezuela after serving their various sentences and added that their sentences should take effect from November 24, the date of their arrests.

It further ordered the destruction of a vacuum machine used to compress the cocaine into compact pieces, a chemical called ammonia, gloves, cargo stickers, exercise books used to record sales of the cocaine which were all retrieved by the police at the East Legon residence and also confiscated the two mobile phones found on them.

Justice Ayebi in his judgement held that the prosecution was able to establish beyond reasonable doubt a case against the Venezuelans.

“Defence counsel had all the time submitted that the prosecution resorted to circumstantial evidence in the trial but I must point out that it is not unusual to resort to circumstantial evidence in order to prove a case against accused persons”.

The court said the defence put up by the accused contradicted the earlier statements they gave to the police and their conducts during investigations showed that they were at all material times trying to thwart the efforts of the police.

On the charge of conspiracy, Justice Ayebi said “the parties do not necessarily have to know each other before committing a crime. All that is needed is for them to agree with common purpose to commit the crime. In this regard the prosecution is not bound to prove that they acted in a common purpose or objective”.

He said the prosecution was able t establish that the cocaine which the Ghana Standards Board analysed to be of high purity level was imported by the three, contrary to the defence counsel position that it had been imported by Vasquez and Asibi.

“The coca plant is not grown in Ghana or produced in the country and the person found with it must be able to explain how he got them”.

The court further held that the prosecution was able to prove that it was Vasquez who used his company called Compimchex Ghana Limited to front the cocaine business and was the same person who had brought Mella and Castillo to Ghana to add value to the cocaine.

The court said Vasquez was jailed in absentia because a Circuit Court had already issue an arrest warrant and the order published in the media.

He said Mella’s claim that he was a first time visitor in the country could not be correct because the prosecution was able to prove that he visited Ghana several times from 2004 and had all the time put up with Vasquez.

“Mella was not a guest in the house where the cocaine was siezed and his statement to the police contradicted his claim that he live in a hotel”.

He said his denial that he did not know Vasquez could not be true because he took a photograph with him together with Asibi’s brother.

The court also said Castillo’s claim that he was a tourist and lived in Achimota was never the truth adding “he has no place of abode other than the East Legon residence”.

The judge said they acted together because the police found on his mobile phone the same number that Mella had on his phone and that number belonged to Vasquez.

The judge before the sentencing expressed concern about the high incidence of narcotic drug trafficking which he described as tarnishing the image of the country saying “I am going to pass a deterrent sentence”.

The prosecution invited nine 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 12 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 Compimchex 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.

They spoke through a Spanish interpreter throughout the trial which commenced in January 2006

Investigator fails to attend coke trial

By William Yaw Owusu

Wednesday, November 14, 2007
A Fast Track High Court in Accra was on Monday compelled to adjourn a case in which a policeman and a civilian are standing trial for allegedly dealing in cocaine because the investigator in the case failed to appear before it to give evidence.

The investigator, Chief Inspector Addai, could not come to court because he is reportedly attending a cadet officers’ course.

The case involves Lance Corporal Ekow Russell, one of nine policemen interdicted in April, last year, for dealing in cocaine, and a civilian Maxwell Antwi, whom the police say Russell had supplied the narcotic drugs.

When the case was called, Mrs. Evelyn Keelson, a Principal State Attorney prosecuting, told the court presided over by Justice S.Y. Anim of the Court of Appeal, that the investigator was aware of the date but did not know the reasons for his failure to appear before the court.

“Mr. Addai was in the courtroom last week when the court took the date. I wrote to notify him about the date and personally called him this morning but he did not respond or return the call.”

Based on this, Captain Nkrabea Effah-Darteh (rtd), counsel for the accused, asked the court to exercise its discretion to grant bail to the accused persons because the prosecution was not ready to proceed with the trial.

He said although the offence under which the two had been charged did not warrant the grant of bail, “the prosecution is not zealous to go ahead with the case.”

But in a quick response, Mrs. Keelson rejected counsel’s submission saying, ‘When the case started, we took about four adjournments to enable the accused to secure the services of counsel because we wanted to ensure that justice is done.”

She said it was not true that the prosecution had delayed the trial adding, “They were arrested in April and by July full trial had commenced. It is rather counsel who should be blamed because he always comes to court late.”

The court then adjourned proceedings until November 14, and asked the prosecution to take steps to get the investigator to testify.

Russell 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. Antwi is charged with one count of possession of narcotic drugs without lawful authority.

On November 2, the court dismissed an application for discontinuation of the case against Russell. His counsel, Captain Effah-Darteh (retired), had submitted that he had been processed before the Police Service Enquiry at the same time that the trial was proceeding.

The facts of the case are that 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 it was part of 900 grammes of cocaine given to him by Russell to sell and claimed that he had already sold some quantities and given the proceeds to Russell.

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

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

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

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

The prosecution further told the court that Uba escaped from police custody on January 31, when Russell was instructed to take him from the La District Police Station to the Regional C.I.D. for investigations.

D'Elephant Inaugurated At Abossey Okai

By William Yaw Owusu

Monday, 12 November 2007
The Abossey Okai New Patriotic Party (NPP) supporters union known as ‘D’Elephant’ was officially inaugurated in Accra at the weekend.

The union which was formed in March this year, with only 16 people now has a membership of about 200.

The objective of the union is to help disseminate the ruling party’s policies to the people especially those at the grassroots and also get more sympathisers for the NPP.

Prior to the inauguration, members of the union went on a float through some principal streets of the Ablekumah Central Constituency before converging at the Abossey Okai Methodist Church, the venue for the inauguration.

Addressing them, Victor Okulley Nortey, Member for Parliament for the Ablekuma Central constituency, where the union is located said the NPP government has brought tremendous improvement in the provision of infrastructure especially in road construction.

He said “the government has been able to stabilise the economy and we are on the right track to achieve economic prosperity”.

Turning to his constituency, the MP said “we are steadily developing this area and I commend my constituents for the collaboration so far”.

He said the construction of drains lying between Mataheko and Russia, which stretches to the Odaw drains, are expected to commence in December while major roads in Abossey Okai will receive a facelift.

He said activities of the party’s numerous presidential aspirants are rejuvenating the party at the grassroots.

Mr. Okulley Nortey urged party members to close their ranks and forge ahead in unity to ensure that NPP retains power in 2008.

Fire At Makola

William Yaw Owusu

Saturday November 9, 2007
Barely 48 hours after fire devastated a warehouse at the Kasoa market, in the Central Region, a similar tragedy has hit the Makola Annex Two Market, popularly called “T.S. Market” in Accra.

The T.S. (Tema Station) market is located just behind the Intercity Transport Terminate at Tudu and adjacent to the Public Works Department (PWD) yard.

The fire which reportedly started in the early hours of yesterday was so devastating that almost all the traders who thronged the scene broke down in uncontrollable tears.

Coincidentally, fire broke out at the same area exactly four years ago. It happened when Christmas was six weeks away as has happened in this case.

The cause of the fire was not immediately known but many people at the scene speculated that it was a deliberate act by unknown persons especially because it is getting to Christmas and traders had stocked their shops with goods for the season.

The fire spread to about 300 metres square of land area destroying property worth millions of cedis.

When the Times visited the scene at about 7.00 a.m. officers of the Ghana National Fire Service were busily putting out pockets of fire in the market but the whole area had been gutted.

The police had it tough controlling the crowd who wanted to enter the market. Some with the intention to steal and others to salvage whatever was left of their goods.

Speaking to the Times, Michael Gabianu, Metro Fire Officer said, “we got the message about the outbreak at 02:09 hours and we rushed to the scene within two minutes because our Makola station is nearby”.

He said the fire reportedly started around 1.00 am and raged from the southern end of the market to the northern end which shares a boundary with the Intercity bus terminal.

Mr. Gabianu said that when they got to the entrance of the market, the gate had been locked and the security men were absent.

“It took us about 30 minutes to break into the market by which time the fire had reached the northern section of the market.

“It raged like bush fire making control very difficult. It was very tough for us.” he said.

He said lack of access to the market and the wind direction aided the fire to spread quickly.

Mr. Gabianu asked the city authorities to ensure that hydrants are positioned in the market and to use fire resistant materials to reconstruct the structures.

The Assistant Divisional Officer of GNFS, Stephen Pobee, who supervised operations at the scene said the fire was so intense that they had to call to action all fire tenders in the Greater Accra Region.

Water tankers from the Ghana Immigration Service and the Prisons Service were also brought in to assist.

He said one officer from the Trade Fair Station, Godfried Ofori was injured in the course of operations and had to receive treatment at Korle-Bu Hospital.

Kwame Agyemang, Chairman of the markets trader’s association said about 1,500 shops were destroyed.

He said after the first outbreak in 2003, a task force was engaged to monitor security at the market and he was surprised to be informed that when the fire fighters arrived the main gate was locked and no security men were at post”.

“We have continuously monitored and sanctioned people who use naked fire and this has come as a surprise to us.”

Mr. Agyemang said most of the traders have insured their businesses and urged them to remain calm.

“I will entreat members to have patience as we consult the city authorities on the way forward for the market.”

In a telephone interview, Ali Baba Abature, Special Assistant to the Accra Metropolitan Chief Executive, said “we are going to rebuild the market as quickly as possible for the traders to earn their livelihood.”

He said some of the traders flout the assembly’s bye-laws that forbid them from keeping inflammable materials and cooking in the market which could be the possible cause of the fire outbreak.

He appealed to the affected traders to remain calm and cooperate with the assembly to find solution to the problem.

Four held for stealing 4billion fuel coupons

William Yaw Owusu

Saturday November 9, 2007
A circuit Court in Accra yesterday remanded into police custody, four people who allegedly stole fuel coupons belonging to the Ghana Oil Company (Goil) to enrich themselves of about ¢4.5 billion.

A fuel coupon is a ticket or document that can be exchanged for a financial discount on fuel products.

They are Emmanuel Amegashie, a production technician at Camelot Ghana Limited, the company which prints Goil coupons, Lawrence-Avorgbedor, former employee of Camelot, Joshua Kwamina Asamoah a taxi driver and Samuel Kofi Addo, an employee of Goil.

They pleaded not guilty to two counts of conspiracy to steal and stealing and were remanded by the court presided over by Mrs. Elizabeth Edusei, until November 20.

Mrs. Evelyn Keelson, a Principal State Attorney told the court that the police needed time to do thorough investigation and the judge granted them their request but asked them to act expeditiously.

The prosecution’s case was that last September, Amegashie entered the hologram vault and was caught by security cameras installed at the place.

Amegashie, the prosecution said, was seen on the camera carrying away a box containing some items from the room.

Officials of the company upon a check later realised that 30,000 leaflets of GH¢20 and GH¢15 denominations of Goil coupons, all valued at ¢4.5 billion, were missing.

The prosecution said Amegashie gave the coupons to Avorgbedor who printed serial numbers on them and handed them over to Asamoah.

The prosecution said Addo, who resigned last month as a pump attendant, was brought into the deal by Avorgbedor to sell the coupons.

On October 30, Addo went on his usual rounds to sell more coupons but was arrested at Dansoman, in Accra.

The prosecution said upon his arrest, Addo led the police to pick up Asamoah who in turn also led the police to arrest Avogbedor.

Avogbedor consequently admitted the offence and led the police to pick Amegashie.

Briton stands trial in defilement case

William Yaw Owusu

Saturday November 9, 2007
An Accra Circuit Court yesterday decided to hear in camera, the evidence of the three-year old girl who was indecently assaulted by a 57-year-old Briton at North Legon, Accra, on October 13.

This followed a request by the prosecutor, Ms Barbara Sackey, that the court should sit in camera to protect the victim due to her age.

The court, presided over by Mrs Georgina Mensah-Datsa however decided that evidence from other prosecution witnesses will be taken in open court.

Mr Ellis Owusu Fordjuor, counsel for the accused, Thomas Alan Tichler, had opposed the in-camera sitting.

He said “it is the practice that the case of a minor should not be heard in an open court but for other potential witnesses I do not see any justification for the request”.

He said the case has received “a bad prejudicial publicity and we would like proceedings to be heard in open court for us to prove our innocence”.

After ruling on the matter, the court relocated to the judge’s chamber.

Tichler, a consultant, was said to have inserted his fingers into the girl’s private parts, causing her to bleed profusely.

He has pleaded not guilty to causing unlawful harm and indecent assault. He is in police custody.

The case for the prosecution is that on October 13, the accused visited the girl’s father at North Legon, Accra and the father left the girl and her siblings in the care of Tichler in order to run some errands.

Tichler allegedly engaged the girl and her two siblings in the sitting room and later the girl alone and committed the act.

The girls’ mother arrived from town afterwards and Tichler followed her to the kitchen to request for water to wash his hands.

Later, the girl went to her mother and requested to urinate and while helping her, the mother noticed blood strains in the girl’s under pants.

When questioned, the girl told her mother about what Tichler had done.

Tichler was later arrested by the police and the girl was taken to hospital, treated and discharged.

Wereko Brobby's Suit Against VRA, November 26

Dr. Charles Wereko-Brobby ia a former VRA Boss and Current CEO Ghana @50 Secretariat


By William Yaw Owusu

Friday, 09 November 2007
AN Accra Fast Track High Court yesterday adjourned to November 26, the case in which Dr. Charles Wereko-Brobby, former Chief Executive, Volta River Authority (VRA), is demanding payment of ¢2.2 billion, being his entitlements from the Authority where he was once the Chief Executive.

The court, presided over by Justice Kobena K. Acquaye, however, awarded ¢1 million cost against Dr Brobby for failing to appear before the court.

His counsel, Mr Akoto Ampaw, was also not in court.

When the case was called Mr Francis Kwame Yeboah, counsel for the VRA, said: "this suit has been pending for a long time and it appears the plaintiff is not interested in the matter."

"We also have a counter-claim and in the circumstances we are praying the court to strike out the plaintiff’s case and award us our counter claims," he added.

The court did not grant the counsel’s request but instead asked the VRA to take steps to serve Dr Wereko-Brobby with hearing notice for him to appear before the court.

Apart from the ¢2.2 billion being sought for, Dr Wereko-Brobby is asking for interest on the amount from April 2004, and also order the VRA to transfer to him the ownership of a Volvo saloon car, GW 2505 T, which was officially assigned to him when he was appointed Chief Executive of the Authority.

In his statement of claim, Dr Wereko-Brobby said he got separated from the VRA on September 17, 2003, but it took the Authority a considerable time amid demands from him before they eventually wrote to him on April, 2004 to formerly notify him of his entitlements.

He said in that letter, a cash equivalent of 43 days earned leave up to the time of his resignation, totalling ¢61 million, six months salary in the sum of ¢187 million, gratuity of five years salary of ¢1.8 billion, the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which is in his possession were discussed.

The VRA, he further argued, in their letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April, 2004 and the rest when he vacated its premises on or before the end of May, the same year.

He contended that because the Authority could not pay the entitlements as agreed on he could also not vacate the premises on the agreed date.

Dr Wereko-Brobby also argued that the delay in the payment persisted into 2005, when he decided to vacate the premises but the Authority had not honoured its obligation and unless compelled by the court, it will not pay him his entitlements.

In their counter claim, the VRA want the court to order Dr Brobby to return the furniture he removed from his official residence.

They also want the court to order the former Chief Executive to return the saloon car that he took away because they claimed he was not entitled to it.

Swedes Pledge Funds For Educ, Health In Ghana

By William Yaw Owusu

Friday, 09 November 2007
ABOUT 28,000 sponsors in Sweden have signed up to raise 590,000 dollars to promote education and health of children in Ghana.

This follows a concert organised two years ago by PLAN Ghana/Sweden, an international child-centered development organisation, to raise funds from Sweden to support child-development programmes in Ghana.

The objective of the five-hour concert, transmitted live via satellite to Sweden from Awutu Odumase, a village near Bawjiase in the Central Region, was to get more sponsors from Sweden to support activities of PLAN Ghana.

A delegation of sponsors from Sweden led by Ms Asa Malmqvist of PLAN Sweden, is currently in the country to assess the level of child development activities of PLAN Ghana and to explore other ways to offer more support.

Currently, PLAN Ghana operates in the Eastern, Central, Greater Accra and Upper West Region where they support deprived communities to have schools, healthcare, food, security and other livelihood activities.

When the delegation visited Bawjiase, the Programme Area Manager, Mr Joseph C. Assan, said PLAN Ghana since 2006 has built accommodation for teachers, provided pre-schools and primary schools, sanitation facilities and also supported rights of the child activities for all communities where they operate.

“We have assisted 67 communities in our area and have sponsored 6,700 children to basic schools”.

Mr Assan told the group that PLAN Ghana’s initiatives had led to an enhanced community mobilisation and was speeding up development.

“It has been PLAN International goal to get children to have access to quality education and health and also to create the enabling environment for children’s development”.

He said the main challenge PLAN Ghana faced was the priorities of communities, adding that “the use of community managed approach makes each community to manage its project at their own pace”.

Mr Daniel Kwaku Arhin, the Awutu-Efutu-Senya District Director of Education, described PLAN Ghana as “active partners” in the country’s development.

He said “they have enhanced the educational infrastructure base of the district and they are helping to make the new educational reform a reality.

Later in an interview, Ms Malmqvist, expressed satisfaction at the pace of child development in the country by PLAN Ghana.

She however urged PLAN Ghana to focus more attention on the northern part of the country and said their visit showed that they need more support.

Accused admitted giving cocaine for sale...Witness

By William Yaw Owusu

Thursday November 8, 2007
A Police Officer yesterday told an Accra Fast Track High Court that Lance Corporal Ekow Russel, one of the nine policemen interdicted in April, last year, for dealing in cocaine admitted that he gave cocaine to a civilian to sell for him.

Chief Inspector Michael Addai said when the civilian, Maxwell Antwi, was brought for interrogation he mentioned Russel as his source of supply and when Russel was questioned, he admitted the offence but pleaded for leniency.

Chief Inspector Addai was testifying in the case in which Russell is being tried with Antwi, a car dealer, who the prosecution believes was supplied with the narcotic drugs by the policeman.

Russell 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 Antwi is charged with one count of possession of narcotic drugs without lawful authority.

Last Friday, the court presided over by Justice S.Y. Anim of the Court of Appeal, dismissed an application for discontinuation of the case against Russell. His counsel, Captain Nkrabea Effah-Darteh (retired), had submitted that had been processed before the Police Service Enquiry at the same time that the trial was proceeding.

Led in evidence by Mrs. Evelyn Keelson, a Principal State, Chief Inspector Addai told the court yesterday that Antwi mentioned Russel's name on March 27, and gave the mobile phone number, witness said he called Russel, who came the following day for interrogation.

“It was the first time I was seeing Russel and during interrogation, he confided in me that he was the one who had given the cocaine to Antwi to sell for him. Antwi was present and the were looking at each other”, he said.

Witness told the court that he took statements from the two accused persons in the presence of an independent witness Samuel Sarku, an electrician from La, Accra.

When the prosecution sought to tender Antwi's statements, Musah Ahmed, his counsel, objected, saying “he gave the statement based on the assurance by the police that he was going to be released on bail”.

He said that when the statement was taken, Antwi was not given the opportunity to seek the advice of counsel and cited the Illiterates Protection Act as not being followed by the police saying “My client was dribbled by the police and we are calling for an enquiry into this".

Left with no option, the court immediately ordered a mini-trial to unravel the truth.

During the mini-trial, Sarku who is the independent witness, told the court that Antwi had freely given his statement without any harassment on March 27.

“Antwi spoke freely in the Twi language and was recorded in English by Inspector Addai and after everything, the statement was read and explained to the two of us by the police officer after which we both signed,” he said.

Sarku further told the court that on April 12, Chief Inspector Addai invited him again to witness the process for him which he did, adding “we went through the same process as in the first one”.

During crossexamination, Sarku admitted that the statement was read over to him and Antwi in English, not in Twi.

The court is expected to decide on November 12, whether or not Antwi's statements are admissible.

The facts of the case are that 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 it was part of 900 grammes of cocaine given to him by Russell to sell and claimed that he had already sold some quantities and given the proceeds to the policeman.

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

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

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

Russell allegedly gave five 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.

The prosecution further told the court that Uba escaped from police custody on January 31, when Russell was instructed to take him from the La District Police Station to the Regional C.I.D. for investigations.