Thursday, October 11, 2007

Abodakpi's appeal fixed for October 11

By William Yaw Owusu

Thursday October 10, 2007
The Court of Appeal yesterday adjourned to Thursday October 11, the case in which Daniel Kwasi Abodakpi, former Minister of Trade and Industry, is appealing against a 10-year conviction imposed by an Accra Fast Court for causing financial loss to the state.

The court could not proceed to hear the motion because just as proceedings commenced, it detected an administrative error in a supplementary affidavit supporting the appeal Abodakpi filed.

Instead of the court’s registry separating the supplementary affidavit from the substantive appeal, it bundled the two process together and this compelled Justice B.T. Aryeetey, who chaired the three member panel, to adjourn the case, for the registry to straighten things up.”

Mr. Tony Lithur, counsel for Abodakpi, who had filed a fresh application for bail pending the appeal for the convicted Member of Parliament for Keta could therefore not move the application due to the lapse.

He said before the bail application could be moved, he will need to first move the motion for the additional grounds in the supplementary affidavit to be admitted by the court after which he could make references to it when moving the bail application.

“When I am moving the bail application I would like to refer to the new grounds raised in our supplementary affidavit but before this can be done the court will have to deal with the supplementary affidavit to amend the substantive appeal motion.”

In his supplementary affidavit to support the application for bail, Abodakpi said he led evidence at the trial to show that the concept of the Science and Technology Park in respect of which Dr. Frederick Owusu Boadu, was tasked to prepare ha d been discussed by him and donors of the Trade and Investment Project Fund in their annual review.

He said evidence by one of the prosecution witnesses during cross examination showed clearly that it was the designation of the late Victor Selormey as former Deputy Ministry of Finance, originally on trial with Abodakpi, that triggered the transfer of funds to Dr. Owusu-Boadu’s account following the change of the title of the study proposal to feasibility study.

Abodakpi further submitted that there was evidence on record that the TIP Funds could not have been used for the preparatory stage of the Gateway Project and also no evidence was led to link him, Selormey and Dr. Owusu-Boadu to any prior meeting to cream money off the state.

He also said in his affidavit that there was no direct evidence on record of the specific intent necessary to prove the charges levelled against him.

Abodakpi who was in court, was jailed 10 years on February 5, in hard labour on seven counts of conspiracy, causing financial loss to the state and defrauding by false pretences by Accra Fast Track High Court.

He was said to have illegally authorised the payment of c400,000 dollars to Dr. Owusu Boadu, a Ghanaian Consultant in Texas, United States, from the TIP fund.

The eight million dollar TIP fund was set up by the NDC government to promote the non-traditional export sector.

He was originally charged with Selormey who died in the course of the trial. Abodakpi, 57, then filed an application for bail pending appeal at the same court where he was convicted but this was dismissed by Justice Stephen Twerefuor Farkye of the Court of Appeal on April 19.

On June 23, the Court of Appeal adjourned sine die (indefinitely) Abodakpi’s appeal application because the panel was not properly constituted.

This was because Justice Annin Yeboah, one of the panel members was said to have been part of a group of judges who dismissed Abodakpo’s submission of “no case” application during the trial and was thus not qualified to be a member of that panel.

On June 27, the court again adjourned sine die from hearing the same application because Mr. Charles Hayibor, then counsel for Abodakpi had notified the court that the records of proceedings at the trial was not complete.

When the case was called the third time in August, Mr. Lithur who had taken over the case alledged that he had evidence that it was Justice Henrietta Abban, member of the panel, who placed a phone call to Justice Farkye to deal with Abodakpi.

Justice Abban subsequently withdrew her representation on the panel.

The General Legal Council is currently investigating the allegation.

The new panel members include Justices Samuel K. Marful-Sau and Mariama Owusu.

Tuesday, October 09, 2007

Judges Told To Interpret Laws Honestly

By William Yaw Owusu

Monday, 08 October 2007
THE 2007/2008 legal year service has been held with a call on the judiciary to interpret the law honestly.

"Set the records straight," said Rt. Rev. McLean Kumi, Head Pastor of the Tema Joint Church, who was the guest preacher at the special commemorative service, which also marked the Golden Jubilee celebration of the Judicial Service.

The service which was held at the Holy Trinity Cathedral in Accra on Saturday, was under the theme "Strengthening judicial integrity and capability through judicial education."

Rt Rev. Kumi said "there should be transparency in the administration of justice. The judiciary should be seen to be impartial."

"Dispensation of justice should not be seen to be going to the highest bidder. If you are able to avoid such tendencies you will be restoring hope to the poor, the vulnerable and the economically marginalised."

Referring to the National Anthem, he said "from what has gone on over the years, we are our own oppressors but to be able to resist oppressor’s rule we should proclaim our bad past and strive to make Ghana a better place to live in."

Rt. Rev. Kumi said "the time has come for the nation to rise up to achieve true liberation. With poverty, ignorance, diseases, hypocricy, corruption, drug menace dominating the entire society, we cannot call ourselves a sovereign state".

He said the judiciary, through the administration of justice has what it takes to lead the crusade to bring sanity into the system and ensure rapid development of the country.

He, however, cautioned that rapid development will not come if the judiciary is seen to be partial and there is no transparency in the administration of justice.

He said in this age of globalisation where there is booming drug trade, environmental abuse, sophisticated crime, pornography, human rights with no responsibilities, the judiciary will have to position itself in order to overcome all those challenges.

He commended the "Justice for all Programme" being embarked upon by the Ministry of Justice saying, "it signals a beacon of hope and good things to come".

"All those who matter in the administration of justice should endeavour to be part of this programme because it will restore hope to the people".

He urged judges and magistrates to uphold integrity, lead transparent lives and live above reproach for the public to have total confidence in the legal system.

He, on the other hand called on the public to support the judiciary to advance the cause of justice.

In her goodwill message, the Chief Justice, Mrs Georgina Wood, said "as a service delivery institution, we are fully aware that the demand on us, as the guardians of the rule of law has not waved over time."

She said "following the pursuit of democratic governance in Ghana, an even greater burden has been placed on us to maintain a higher standard of efficiency, as the good people of Ghana have become acutely aware of their rights and freedoms as provided in the 1992 Constitution.

"Our collective and re-dedicated will to deliver equitable justice to all, fuelled by a passion for judicial integrity and work, should enable us to discharge our constitutional mandate without too much difficulty".

Judges Told To Interpret Laws Honestly

By William Yaw Owusu

Monday, 08 October 2007
THE 2007/2008 legal year service has been held with a call on the judiciary to interpret the law honestly.

"Set the records straight," said Rt. Rev. McLean Kumi, Head Pastor of the Tema Joint Church, who was the guest preacher at the special commemorative service, which also marked the Golden Jubilee celebration of the Judicial Service.

The service which was held at the Holy Trinity Cathedral in Accra on Saturday, was under the theme "Strengthening judicial integrity and capability through judicial education."

Rt Rev. Kumi said "there should be transparency in the administration of justice. The judiciary should be seen to be impartial."

"Dispensation of justice should not be seen to be going to the highest bidder. If you are able to avoid such tendencies you will be restoring hope to the poor, the vulnerable and the economically marginalised."

Referring to the National Anthem, he said "from what has gone on over the years, we are our own oppressors but to be able to resist oppressor’s rule we should proclaim our bad past and strive to make Ghana a better place to live in."

Rt. Rev. Kumi said "the time has come for the nation to rise up to achieve true liberation. With poverty, ignorance, diseases, hypocricy, corruption, drug menace dominating the entire society, we cannot call ourselves a sovereign state".

He said the judiciary, through the administration of justice has what it takes to lead the crusade to bring sanity into the system and ensure rapid development of the country.

He, however, cautioned that rapid development will not come if the judiciary is seen to be partial and there is no transparency in the administration of justice.

He said in this age of globalisation where there is booming drug trade, environmental abuse, sophisticated crime, pornography, human rights with no responsibilities, the judiciary will have to position itself in order to overcome all those challenges.

He commended the "Justice for all Programme" being embarked upon by the Ministry of Justice saying, "it signals a beacon of hope and good things to come".

"All those who matter in the administration of justice should endeavour to be part of this programme because it will restore hope to the people".

He urged judges and magistrates to uphold integrity, lead transparent lives and live above reproach for the public to have total confidence in the legal system.

He, on the other hand called on the public to support the judiciary to advance the cause of justice.

In her goodwill message, the Chief Justice, Mrs Georgina Wood, said "as a service delivery institution, we are fully aware that the demand on us, as the guardians of the rule of law has not waved over time."

She said "following the pursuit of democratic governance in Ghana, an even greater burden has been placed on us to maintain a higher standard of efficiency, as the good people of Ghana have become acutely aware of their rights and freedoms as provided in the 1992 Constitution.

"Our collective and re-dedicated will to deliver equitable justice to all, fuelled by a passion for judicial integrity and work, should enable us to discharge our constitutional mandate without too much difficulty".

Friday, October 05, 2007

Speed up trial of criminal cases to halt instnat justice

By William Yaw Owusu

Friday October 5, 2007
The only way to curb the menace of instant justice is for judges and magistrates as well as other stakeholders to ensure expeditious trial of criminal cases.

“To us, one prime concern is the perceived loss of public confidence in the justice delivery system which is making the public to resort to instant justice. Our call is for members to deal with matters before them expeditiously in order to discourage the public from such acts,” says Justice J.B. Akamba, President of the Association of Magistrates and Judges, Ghana (AMJG).

He was speaking yesterday at the association’s Annual General Meeting under the theme “Access to justice – Strengthening judicial integrity and capacity.”

Justice Akamba said, “The bar, the Police and the prosecution, all have a duty to work together for the efficient and speedy handling of criminal cases in particular to save us all from the embarrassment we are beginning to witness in our dear country.”

“We also need to have a critical look at our Criminal Procedure Code with a view to dispose of archaic procedures,” he added.

Justice Akamba, who is also a Court of Appeal Judge, further said, “remanding every suspect without time limits has never solved the problem else the tribunals would have been heroes today. We are in a constitutional dispensation which sets limits for holding suspects.”

He called on the media and other stakeholders to lead a crusade against instant justice and appealed to the public to exercise restraint for justice to take its own course.

Justice Akamba also called on the government to, as a matter of urgency, look critically at the service conditions of judges and magistrates which he described as “not the best.”

The Chief Justice, Mrs. Georgina Wood, in a keynote address, said as part of efforts to decongest the country’s prisons, accused persons will now be remanded only when the law makes the offence committed mandatory.

“Our prisons are over crowded and we may have either wittingly or unwittingly contributed to the situation,” she said.

She urged judges and magistrates to continue to press for high ethical standards and integrity and said that the introduction of judicial case management which also covers Alternative Dispute Resolution (ADR) was carefully being pursued.

Justice Wood said the Judicial Service will position its training institute to be able to build the capacities of judges and magistrates to ensure efficiency.

She assured that the judiciary would pursue policies that would sustain public interest in the justice delivery system besides seeking the welfare of all staff as well.

Justice Wood paid tribute to her immediate successor, the late Justice George Kingsley Acquah, and said “I will continue with his good vision and ensure that the judiciary lives up to its responsibilities.”

Justice Sophia O. Adinyirah, a Supreme Court Judge, who chaired the meeting said, “we as the custodians and enforcers of the constitution need to constantly remind ourselves that the achievement of the concept of access of justice depends heavily on us in the way and manner we administer justice.”

She said although the staff of the service worked under constrained conditions, they must continue to dedicate themselves “to build a truly independent, competent, efficient and effective judicial system.”

Fourteen judges and magistrates including Justice Dr. Seth Twum of the Supreme Court, retired from the service this year.

Thursday, October 04, 2007

$50m Voted To Facelift Roads In Cocoa Areas



By William Yaw Owusu

Thursday, 04 October 2007
THE Cocoa Industry has received a boost of 50 million dollars to upgrade roads in major cocoa growing areas in the country.

Approximately 531 kilometres of roads are to be rehabilitated under the programme aimed at facilitating the evacuation of cocoa beans from the hinterlands to the ports.

Mr Kwadwo Baah-Wiredu, Minister of Finance and Economic Planning, made the announcement at the opening of this year’s roundtable conference on cocoa currently underway in Accra.

It is under the theme: "Sustainable world cocoa economy".

The announcement by the Minister comes in the wake of the government’s decision to increase the price of a ton of cocoa from the current price of GH¢915 to GH¢950 with immediate effect.

On October 1, at the World’s Cocoa Day Celebration at Sefwi-Bibiani in the Western Region. President J.A. Kufuor after announcing the increment, instructed the Ghana Cocoa Board to pay bonuses of cocoa farmers in two instalments in July and the latter part of the year, instead of the current system which is paid in September.

The three day annual International Cocoa Organisation (ICCO) conference is being attended by about 250 delegates in the cocoa sector across the world.

It is sponsored by the Ministry of Agriculture, Nature and Food Quality, Netherlands in collaboration with the Ghana Cocoa Board.

Mr Baah-Wiredu said, as part of efforts by the government to ensure a sustainable cocoa sector, it has increased renumeration of farmers and had also adopted a diseases and pests control programme.

He said the government had adopted responsible production methods through good agronomic practices and also promoted value addition through research and development in the cocoa processing business.

"We are starting a programme to provide decent accommodation for cocoa farmers in their areas of operation because the concept of sustainability encompasses social, economic and environmental dimensions in both production and consumption".

Mr Baah-Wiredu said, "cocoa, over the years, continues to generate more and more dividends economically and nutritionally for all in the cocoa chain. We must all collaborate to ensure a sustainable industry".

Mr Marcel Vernooij, a representative from the Dutch Ministry of Agriculture, said sustainable development of the cocoa sector is a shared responsibility among stakeholders.

He said, the cocoa sector needs far reaching working policies that will take into consideration the needs of farmers, labourers and the environment at large.

Mr Hagan Streichert of Germany, who is the ICCO spokesperson for consumers said, policy makers in the sector should at all times involve farmers in their deliberations.

"The farmer should be the starting point at any considerable action. His welfare should be paramount to all stakeholders."

Mr Isaac Osei, Chief Executive Officer of the Ghana Cocoa Board, said "in Ghana, we take the question of sustainability quite serious and that is why in our effort to increase production, we are not thinking of area expansion but our strategy is on yield enhancing schemes to increase farmer incomes, efficiency in logistics and enhancement of our quality assurance systems."

Participants are expected to break into groups and finally come out with a policy draft document that will push forward the sustainability of the sector.

Monday, October 01, 2007

SODOM AND GOMORRAH REBUILDS ......After fire outbreak


By William Yaw Owusu

Monday, 01 October 2007
Barely 48 hours after fire devastated parts of Sodom and Gomorrah, a squatters slum near the Agbogbloshie market in Accra, claiming one life, most of the affected residents have started rebuilding their lost homes.

The fire, believed to have started at about 3.15 pm last Friday, destroyed more than 100 homes and property worth millions of cedis, according to the residents.

When the Times visited the scene at 2 pm yesterday, almost all affected residents were busily putting up wooden structures while others were clearing debris to make way for new structures.

While many of them had employed carpenters to build the structures for them, others were doing the building themselves.

One structure was virtually complete and ready for use when this reporter got there.

Carpenters and masons were in high demand while building materials, such as plywoods were selling like hot cakes in the area.

An eyewitness told the Times on Friday that the deceased, a man believed to be a butcher, whose name was not available, was said to be sleeping in his room when the fire swept through it.

He was burnt beyond recognition and the police have since taken his charred remains to the mortuary.

The fire was believed to have started from a popular drinking spot, also used as a brothel and destroyed structures within a stretch of 100 to 200 metres from the banks of the Korle Lagoon to the Agbogbloshie Market’s main road to Arena, Accra.

When firefighters from Accra Central and Cantonments fire stations got to the scene about an hour later, the fire which was aided by the direction of the wind, was still raging but a misunderstanding between residents and the Fire Service personnel made it difficult for the fire to be put out quickly.

Some residents allegedly decided not to co-operate with the fire officers in putting out the fire because they said they arrived late.
Some people even attempted to get hold of the hoses that were being used by the officers to put out the fires themselves. Others pelted the fire tenders with stones.

There were also no access routes to the fire source and the tenders had to be positioned on the main road to fight the fire.

When contacted later, Mr. Ishmael MaCarthy, a Deputy Director in charge of Public Relations at the Ghana National Fire Service, confirmed the story and said it was impossible for fire personnel to move the tenders close to the scene due to the haphazard development in the area.

He said it was unfortunate for the residents to "resort to that kind of behaviour at a time when we needed their cooperation".

The Fire Service will henceforth liaise with the Police Administration during fire outbreaks, he said

On Saturday when the Times visited the scene for the second time, affected residents were seen seaching the rubble to retrieve belongings which were not consumed by the fire.

Abiba Danjumah, 34, a second-hand clothing seller whose house was gutted said she was able to retrieve her bag before the roof caved in.

Kwame Agbeko, a tailor, said he rescued his two daughters aged two and four, moments before the fire got to their house.

But Kwaku Tabindo, popularly called Abotareye, and Kasim Musah, also known as NDC, said they lost everything.

Tabindo said for the past month there had been no supply of electricity to the area due to a faulty transformer. That had compelled people to use naked lights such as candles, a probable cause of the fire outbreak, he said.

This major fire outbreak is the second this year to hit the same area.

On January 19, a fire outbreak occurred there, causing extensive damage.

The settlement has stalled the Korle Lagoon restoration project.

Friday, September 28, 2007

Lotto Operators Assoc. Challenges VAT's Decision

By William Yaw Owusu

Friday, 28 September 2007
THE Ghana Lotto Operators Association (GLOA) has said recent publication in the media by the VAT Service not to supply them lot to coupons was done in bad faith.

They contend that once certain aspects of the National Lotto Act 2006 (Act 7232) which seeks to monopolise the lottery business under the new National Authority (NLA) is being challenged in a law Court, VAT Service needed to exercise restraint in enforcing t he provisions of the act .

The publications which were in the form of advertisers announcements stated that
from September 30 the service will no longer print and supply lotto coupons to VAT registered lotto operators and further urged those affected to take steps to return all unused coupons for re-imbursement.

At a press conference in Accra yesterday Mr Seth Asante Amoani Secretary of GLOA said “it is surprising that the VAT Service should have recourse to the Act at a time when certain relevant provisions of the said act are being challenged at court.

He said in some of the publications it was clear that VAT service had acted in collaboration with the NLA in t he announcements and added “but t is should not have been the case because GLOA is currently pursuing a case against NLA and hat matter has not yet been disposed off”

He said following certain averment to challenge the new National Lotto Act in their case against the NLA, the court asked both parties to come to court on October 17, to enable GLOA to make amendment in their claim and wondered why NLA could team up withy VAT to issue such a directive.

Mr Amoani further said “we are now convinced that the VAT Service is allowing itself to be embroiled in a matter which falls out side its scope of operation.”

He said it would not be out of place to state under the present circumstances that since VAT Service is no longer interested in printing and supplying lotto coupons to the private operators, that responsibility which it snatched from the association, should be discharged by them.

He said any attempt to get the private sector out of the lotto industry without due process and also allow the court to determine the case will not be good for the rule of law.

Mr Amoani hoped that the cordial relationship that had existed between the association and the VAT Service as well as all stakeholders will remain adding “we are always ready to collaborate with authorities to get the best for the lotto industry.

Wednesday, September 26, 2007

Cop's wife testifies in missing cocaine case amid tears

By William Yaw Owusu

Wednesday September 26, 2007
The wife of Lance Corporal Dwamema Yabson one of the three policemen on trial before an Accra Fast Track High Court for the missing 76 parcels of cocaine yesterday stirred emotions when she appeared before the court to give testimony at the request of her husband.

The witness Helen B. Asaase, wept uncontrollably as she mounted the witness’ box and had to be consuled by a court clerk.

As she took the oath to start her testimony, tears flowed freely down her cheeks but sobered when the clerks assured her that she was protected by the law.

Yabson with who Helen has two children is being tried with Sergeant David Nyarko and Lance Corporal Peter Bundorin in connection with the missing parcels of cocaine brought into the country on April 25, last year by the vessel, MV Benjamin.

They were alleged to have collected an undisclosed amount in United States dollars from Sherriff Asem Darke, also known as Limping Man, who is wanted by the Police in connection with the importation of 77 parcels of cocaine.

Seventy six of the parcels were off loaded at the Kpone beach near Tema by Shiriff and his accomplices on April 26, last year but the policemen who saw them, allegedly collected the money and left them off the hook.

The police say the accused persons saw Sheriff, a Korean called Killer, as well as another unidentified person, offload cartons of alleged cocaine into a white van at the beach but instead of arresting them, they sat in the fugitives land Gruiser vehicle to Tema to collect the money.

Another policeman Detective Sgt. 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 of who are with the Tema Regional Police Command, have pleaded not guilty to two courts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.

They are in police custody.

Led in evidence by Mr. Stephen Ahor, the witness confirmed to the court that on April 26 at about 2 am, a man called Martey came to knock on their door at the Tema New Town Police barracks.

She said she was the one who opened the door, contrary to an earlier evidence by Yabson that he went out first to meet Martey.

“When Martey knocked the descended door, my husband had from the building. As I tried to look for him for Martey, he arrivd.”

She told the court presided over by Justice Annin Yeboah, of the Court of Appeal that Martey and Yabson then descended the building after which Yabson asked her to bring his identity card and his boots.

“I did not hear what Martey told him but I later saw him move to the charge office and
Martey headed towards the exit of the barracks.”

Asaase told the court that Yabson returned home at 2 pm that day and when she enquired about where he had been he replied it was part of his duty as a policeman.

She told the court that she moved to Ashiaman before Yabson was arrested but when the accused’s room was searched she was not present

Manya Jorpanya Observes ‘Ngmayem’

By William Yaw Owusu

Wednesday, 26 September 2007
THE Chiefs and people of Manya-Jorpanya in the Shai States of the Greater Accra Region have celebrated this year’s Ngmayem festival with a call on all to unite towards t he development of the area.

The annual event which had the theme, "Re-organising the Shai State for a better future," was attended by other chiefs and queenmothers in the Shai Traditional Council as well as dignitaries including the Deputy Minister of Women and Children’s Affairs, Mr Daniel Dugan.

In his keynote address, Nene Tei Djahene Korabo IV, Divisional Chief of Manya and Senior Asafoatse of the Shai Traditional Council, urged the people to take advantage of the peace in the country to support the development of the area.

He promised to ensure that the natural resources of the area was tapped to the benefit of the people and advised them to approach development of the area devoid of any ethnic, religious and political feeling.

Nene Korabo IV, however expressed concern about the behaviour of some people who posed as chiefs to sell lands in the area, "The growth we are all yearning for will not come if some of us continue to behave this way".

Mr Dugan for his part asked the people to continue living in unity and peace for accelerated growth and development.

He called on the people to support government to curb incidence of domestic violence and also advised them not to allow politics, ethnicity and religion to divide them.

Mr Joseph Kwaku Duah-Boateng, a businessman from Tema who chaired the function, appealed to estate developers to focus their attention to the area to complement government’s efforts of providing affordable housing for the people.

Sunday, September 23, 2007

Flood victims suffer more predicament

By William Yaw Owusu, Bolgatanga

Thursday, 20 September 2007
THE predicament of people living in the flood-hit areas of the three northern regions has worsened with the influx of black flies, the tiny insects which cause river blindness or onchocerciasis, the multi-sectoral damage-assessment team from Accra has found.

The black fly, locally called "behn" is currently common in the Upper East Region, especially in areas between the Red and White Volta Rivers along the Bolgatanga, Bawku road.

However, Dr Joseph Amankwah, the Upper East Regional Director of Health Services says the insects can no longer cause blindness, because there is a total cure for the sickness.

The second day of the assessment of the extent of devastation by the floods, took the high powered multi-sectoral team to all the eight districts of the Upper East Region.
The team, led by Mr Kwamina Bartels, Minister of the Interior, includes other government officials, representatives of United Nations Agencies, International Development partners and Non-Governmental Organisations as well as the media.

Dr Amankwah who was part of the team that assessed the Bawku West and Celensi/Nabdam districts, said the bite by the insects is so painful that pupils in class lose concentration.

Mr Roy Ayariga, the Regional Director for the Ministry of Food and Agriculture, said the influx of the black fly is preventing many people from working on their farms, adding that the situation threatens food security if not checked.

Towns such as Kusanaba, Boya, Agao Akopela, Tetako, Kokore, Gumbare, Zowera, Azonge, Zangbeyiri, Dangumbe and Binaba are the worst affected.

On the flood situation, 64 displaced persons have been settled at Tilli Area Council building while at Yarigu, 194 people are seeking shelter at the District Assembly Basic School.

The Regional Minister, Alhassan Tamari, appealed for more relief items for the affected people.

On Tuesday when the assessment team toured the Northern Region, it was told that in spite of the relief items dispatched to the affected areas in the northern regions, the victims are still waiting for food.

According to victims along the White Volta, in the Central Gonja District they have not received any relief items since the disaster occurred.

To make things worse, about 339 houses have been submerged under water rendering some 645 people homeless.

The worst affected villages are Bonyanmu, Kpachiteve, Mpotoso and Sikape where the people have sought shelter at Makpam.

The victims appealed to the assessment team to speed up the process of ferrying relief items to them.

No deaths have been recorded in the Central Gonja District but the water level keeps on rising daily.

Alhaji Sulemana Yirimiah, Deputy NADMO Co-ordinator, who led the team to west and central Gonja Districts lamented at the state of devastation caused by the floods.

At Makpan, where most of the victims had relocated, they said their immediate needs were food and shelter.

There are also no sanitation facilities and they called on the team to make provisions for that to prevent the outbreak of disease.

Two basic schools, Bunyanmu Roman Catholic and Sikape District Assembly schools are both under flood waters, and about 300 pupils have been displaced.

Tuesday, September 11, 2007

KPOH JAILED

By William Yaw Owusu

Tuesday September 11, 2007
NAPOLEAN B.K. Kpoh, who until last August was the General Secretary of the Industrial and Commercial Workers Union (ICU), was yesterday jailed for a month for contempt of court.

An Accra Fast Track High Court held that Kpoh had defied its ruling on August 20, which restrained him from holding himself as the General Secretary of the union.

The motion for contempt filed by the National Executive Council (NEC) of ICU, flouted the orders of the court and went to the ICU offices to work as General Secretary, and whilst there, he ordered the workers not to obey the NEC, after which he locked the main door and left.

They also said he granted interviews to the media claiming that he had filed a notice of Appeal and another motion for stay of execution and on that basis, he could act as the General Secretary.

Convicting him, the court presided over by Justice K. Anto Ofori-Attah, said “Mr Kpoh cannot treat the court’s orders the way he likes.”

It said Kpoh made “dangerous propositions” in his affidavit in support of the defence he filed to purge himself of the contempt motion initiated by the NEC.

Kpoh had argued that he could not be removed from office because there was an automatic seven-day period within which he could ask for stay of execution of the order, but the judge described it as “capably erroneous.

“At the time he filed the motion for stay of execution and the notice of appeal, the restraining orders were still effective,” the judge said, adding: “the authority of the court and the sanctity of the process must be preserved at all times.

“The filing of those notices do not wipe away the force of the court’s ruling. The advice by his counsel was demonstrably wrong,” the judge said.

The court said that the NEC was able to establish beyond reasonable doubt that Kpoh went to the ICU offices in spite of the court’s orders adding that “his intentions may have been good but that did not mean he is not in contempt. He set himself to trivialize the orders of the court”.

Before sentence was pronounced, Mr. Christoph Kofi Koka, counsel for Kpoh, had aplogised for his client’s conduct, adding that “we have purged ourselves and handed over everything including the vehicle to the ICU.

However, Mr. Albert Adaare, representing the NEC, prayed the court to convict Kpoh to serve as a deterrent to others.

The leadership struggle in the ICU started on August 2, when the NEC, declared at a meeting that Kpoh and Mr. Ahmed Yussuf Salifu, chairman of the union, had both been removed on the basis that their tenure of office had expired.

The NEC then went ahead to appoint an Interim Management Committee to steer the affairs of the union until the next congress.

The purported removal of the two resulted in a joint writ being filed on August 6 by Kpoh and Mr. Salifu to halt the action of the NEC, as well as a counter writ by the NEC seeking to restrain the two persons from holding themselves as officers of the union.

The court on August 20, upheld the NEC’s motion and restrained Kpoh and Salifu from holding themselves as executives of the union because their tenure of office had expired.

Pressurise Gov't To Address Human Rights Abuses - Bossman

By William Yaw Owusu


Monday September 10, 2007
THE Commission on Human Rights and Administrative Justice (CHRAJ) has accused the citizenry of failing to put pressure on government to address human rights issues adequately.

“Are we making sure that government and its institutions pay particular attention to issues on human rights?” CHRAJ Commissioner, Ms Anna Bossman asked rhetorically.

“It is not only the President and the government who should fight t his cause. We all have a constitutional duty to ensure that the problem is adequately addressed”, she said in Accra on Friday when speaking at the end of t he second annual human right s advocates training programme for West and Central Africa.

The two-week programme, which was under the theme “Human Rights and Development – the Millennium Development Goals”, was attended by 30 advocates from West and Central Africa.

It was organized by the Media Foundation for West Africa (MFWA) in collaboration wit h the Centre for the study of Human Rights at the Columbia University, New York.

Ms Bossman said: “The human rights situation in the county is not the best but you cannot also say t here has not been improvement over the years.”

She said there was a lot of work to be done in areas such as gender empowerment and addressing of problems affecting the vulnerable in society.

She then called for a change of the mindset of the people appreciates that human rights abuses affected accelerated growth and development.

Ms Boss man said CHRAJ now has a broader mandate to include anti-corruption adding, “with the little resources, we are trying to do the best we can.”

She, however, commended the media for “doing much better” in the fight against human rights abuses and corruption.

Professor Kwame Karikari, Executive Director of MFWA, noted that with the limited resources at it s disposal CHRAJ has lived up to its name. “It is one independent body which has put people’s rights above everything,” he commended.

He called for media support in crusade against human rights abuses saying “we still cannot be complacent of the work we have done so far.”

Friday, August 24, 2007

Ndego asks Abass to provide air ticket

By William Yaw Owusu

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

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

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

Colonel Akuoko testified before the court on August 14.

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thursday, August 23, 2007

Court Halts Sale of Kasapa

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wednesday, August 22, 2007

Mrs Rawlings' trial adjourned



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

By William Yaw Owusu

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

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

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

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

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

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

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

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

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

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

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

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

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

All the accused persons have pleaded not guilty and are on self-cognisance bail.

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

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

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

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

Tuesday, August 21, 2007

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.

Friday, August 17, 2007

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.

Thursday, August 16, 2007

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.

Wednesday, August 15, 2007

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.

Thursday, August 09, 2007

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.

Wednesday, August 08, 2007

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.

Sunday, August 05, 2007

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.