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 Rawlings, Others Move Motion For Stay (Unpublished Article)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