Court asks Kpoh and Salifu to go

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

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Court asks Kpoh and Salifu to go

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Workers Storm Court...over ICU case

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

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rumpus in lotto business: National Lottery Authority Sued

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The defendants are yet to respond to the application.

Ndego fails to appear in court

Ben Ndego was the Head of Operations of the NACOB

By William Yaw Owusu

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

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

Col. Akuoko testified to the court on Tuesday.

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

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

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

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

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

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood committee set up by the Ministry of the Interior last year, to investigate the case of 77 parcels brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

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

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

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

Abass on the other hand, is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.

The two have pleaded not guilty and are currently in prison custody.

Sitting continues on August 22.

Dramatic Twist At Cocaine Trial: ABASS' WITNESS TURNS HOSTILE

Tagor and Abass in court yesterday

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate a case of 77 parcels brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

Missing Cocaine Case: Court summons two NACOB Officials

Ben Ndego is one of the officers suppoenaed

By William Yaw Owusu

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

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

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

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

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year, to investigate the case of 77 parcels brought into the country by the vessel, MV Benjamin and another quantity of substance seized from a house at East Legon in Accra in November 2005.

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

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

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

Abass on the other hand is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.

The two have pleaded not guilty and are currently in prison custody.

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

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

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

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

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

The missing coke case: Cop retracts statement

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

They are currently in police custody.

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

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

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

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

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

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

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

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

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

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

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

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

Man Kills Son- in-Law

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No case against us: Cocaine suspects submit in court

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

By William Yaw Owusu

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


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

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

Joseph Kojo Dawson, the vessel owner, who the police say allowed his vessel to be used to import the cocaine is being tried together with five of the vessel's crew.

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

All six men have been charged for their respective roles in the importation of the cocaine to the Tema Port in April last year.

Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business relating to narcotic drugs.

Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.

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

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

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

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

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

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


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

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

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

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

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

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


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

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


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

They were alleged to have collected an undisclosed amounts in US dollars from Sheriff.
The prosecution led evidence to show that the policemen saw Sheriff at the beach offloading the cocaine but left him and his accomplices to go.

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

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

They are currently in police custody.

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

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

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mrs. Rawlings' trial adjourned to August 21

Nana Konadu Agyemang Rawlings, Former Ist Lady of Ghana.

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

But on the new charges sheet Mrs Rawlings, Ms Aryittey and CDCL are facing eight counts of conspiracy, causing loss to public property dishonestly obtaining public property by false pretences, obtaining public property by false statements, conspiracy to alter forged documents and altering forged documents.

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

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

All the accused persons have pleaded not guilt and are on their own self-cognisance bail.

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

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

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

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

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

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

By William Yaw Owusu

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

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

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

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

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

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

They are currently in police custody.

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

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

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

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

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

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

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

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

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

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

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

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

Redefine role of chiefs on governance

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

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

I didn't sell siezed cocaine-Abass

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


By William Yaw Owusu

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

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

Abass was testifying under cross-examination in the case in which he and Kwabena Amaning, popularly called Tagor, have been charged with having knowledge about 76 parcels of cocaine missing from the MV Benjamin vessel.

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year, to investigate the case of 77 parcels of cocaine brought into the country by M.V. Benjamin vessel, and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

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

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

Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.

The two have pleaded not guilty and are in prison custody.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sitting continues on July 31.

Supreme Court to rule on Tsikata's application

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

By William Yaw Owusu

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

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

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

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

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


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


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

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

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

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

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


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

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

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

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

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

There were also two witnesses from the Merchant Bank.

I Lied To The Georgina Wood Committe: Abass

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

By William Yaw Owusu

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

Abass and Kwabena Amaning, popularly called Tagor, were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year to investigate the loss of 77 parcels of cocaine from the vessel at Tema Port and another quantity of the substance seized from a house at East Legon in Accra in November 2005.

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

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs, while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.

The two have pleaded not guilty and are in prison custody.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sitting continues today.

Prosecution Closes Case In Haleem Banda's Case

By William Yaw Owusu

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

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

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

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

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

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

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

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

East Legon Cocaine Case:Judgement On Oct 25 .

By William Yaw Owusu

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

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

The accused,, Joel Mella, a machine operator and Halo Cabezza Castillo, 38, businessman, have pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.

Another Venezuelan, David Duarte Vasquez, believed to be the brain behind the importation of the narcotic substance, is at large.

Vasquez has been charged together with the two accused persons.

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

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

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

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

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

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

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

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

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

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

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

Areeba Case adjourned to October 31

By William Yaw Owusu


Saturday July 21, 2007
THE Commercial Court in Accra yesterday adjourned to October 31, the case in which Richmond Aggrey, a Ghanaian businessman, is claiming 20 per cent shares in Scancom Limited, operators of Areeba mobile phone service.

Mr. Aggrey, former Vice Chairman of Areeba, is suing the telecommunication giant together with Investcom Consortium Holdings S.A. of Beirut, Lebanon, who are majority shareholders in Areeba, as well as Grandview Management of Texas, United States to claim his shares.

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

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

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

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

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

Following the development, Areeba filed an application on July 24, to strike out Mr. Aggrey’s action "in part or whole" on the grounds that he failed to adhere to procedures in filing the application.

The trial court on October 20, however, ruled that the processes followed by Mr. Aggrey in instituting the suit were proper and ordered Areeba to file its defence within 14 days.

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

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

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

The court on April 17, awarded ¢ 8 million cost against Areeba for the delay.

When the case was called, Mr. Nutsukpui told the court, "we have this morning filed our statement of defence and we no longer wish to move our application for extension of time."

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

The court then struck out the two applications for the case to take its normal course and again awarded five million cedis each against Areeba and Investcom in favour of the plaintiff on April 30.

I gave clue to hidden cocaine-Abass

By William Yaw Owusu

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

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

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

Abass was opening his defence in the case in which he and Kwabena Amaning, popularly called Tagor, have been charged with having knowledge about the missing 76 parcels of cocaine from the vessel.

Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior last year, to investigate the loss of 77 parcels of cocaine from the M.V. Benjamin vessel at Tema port, and another quantity of the substance seized. From a house at East Legon in Accra in November 2005.

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

Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs, while Abass is charged with three counts of conspiracy, engaging in prohibited business related to narcotic drugs and supply of narcotic drugs.

The two have pleaded not guilty and are in prison custody.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TRIAL OF 2 UK GIRLS BEGINS

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

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

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

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

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

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

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

The two girls had covered their faces with their jackets.

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

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

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

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