The former First Lady addressing the press
By William Yaw Owusu
Tuesday December 4, 2007
THE Attorney General, Joe Ghartey, yesterday told an Accra Fast Track High that his office has not contravened the constitution as far as the case of the former First Lady, Nana Konadu Agyeman Rawlings, and four others in connection with the divestiture of the Nsawam Cannery is concerned.
He said the recommendations in the Auditor-General’s report which formed the basis of the criminal action against Mrs. Rawlings and the other accused were within the law.
The AG was responding to a motion on notice to stay proceedings in the trial filed by some of the accused persons.
The applicants want another Fast Track High Court to determine a civil suit they filed against the Divestiture Implementation Committee and the Attorney General before the current criminal action could go ahead.
Those 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 who are also on trial have not filed for stay of proceedings but are in support of the action by their co-accused.
The accused persons in the criminal trial, were originally charged together with Georgina Okaitey, a director, George Mould, a director and Larry Adjetey, a director/secretary, all of CDCL but the A-G last year withdrew the charges against the three under Section 9 of Act 30 of the Criminal Code.
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 is facing 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 on November 15, counsel for the applicants, Tony Lithur 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 changed the charge sheet and preferred fresh charges against the accused persons hence the need for the 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 they have realised that “the A-G is acting manipulatively and if proceedings were not stayed it will undermine the outcome of the civil trial”.
Responding yesterday, Mr. Ghartey said, “The effect of this application is that they are asking the court to interfere with the powers of the A-G under Article 88 of the constitution”.
He said in seeking to stay the proceedings, the applicants failed to satisfy the court with any known statutory provision but only urged the court to use its inherent jurisdiction without giving due consideration to Article 19 of the constitution which talks about fair trial.
He said: “They could not demonstrate to the court that the AG acted outside the constitution and for them to say that the court should stay proceedings they are suggesting that they are above the law. “The AG has exercised this discretion correctly”.
“This application is totally unknown in our criminal and constitutional law. It is mischievous unmeritorious, and has no basis,” Mr Ghartey contended
Mr. Bram Larbi who represented the applicants, then prayed the court to adjourn proceedings to enable the defence to reply the AG on points of law.
Justice Kobena Acquaye, the trial judge granted the request and adjourned proceedings until tomorrow.
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