Ruling on Assets of BOG officials on August 10
Trader remanded for evading customs duty
Ruling
on Assets of BOG officials on August 10
Accra
(Greater Accra) 04 August 2000
An
Accra Regional Tribunal will rule on Thursday on an interim application by the
Serious Fraud Office (SFO) to freeze the assets and bank accounts of two former
top officials of the Bank of Ghana (BOG).
The
BOG dismissed the two officials for their alleged involvement in a 1.5
million-dollar scandal that hit the bank in May.
After
the dismissal of Mr. Sebastian Dick Kobla Nukpui Gavor, former Director of
Budgets and Accounts Department, and Justice Archibald Nee Ofosu Larbie, former
Deputy Head of the Banking Department, the SFO on July seven froze their
assets.
As
a result, the trial tribunal, chaired by Mr. Isaac Duose, on July 17, directed
counsel for the accused persons to negotiate with the SFO to defreeze some of
their assets to enable them to make a living.
It
is this order that has necessitated the SFO to bring the interim application
praying the tribunal to let its action stand.
After
listening to the submissions by counsel on both sides, Mr. Benjamin Okai
Tetteh, chairman of the three-member tribunal, said looking at the serious
nature of the issue, the tribunal needed time to rule on the matter and
consequently gave a week's adjournment
In
his submission, Mr. Charles Ofori, counsel for SFO, said the alleged negligence
of the two bankers has "caused financial loss to the State."
Mr.
Ofori submitted that while they are facing trial, the SFO is obliged to
safeguard the property of the State by freezing their assets and bank accounts
until the matter is determined.
It
was his contention that if this is not done, and the respondents are found
guilty at the end of the trial, there is every likelihood that the State would
not have access to their assets since by then they may have made use of them.
Counsel
said the measure is not meant to "cripple or wipe out families" of
the respondents, but to safeguard state property.
On
his part, Mr. Charles Hayibor, counsel for the respondents argued that for the
SFO aired in coming up with a different charge of "causing financial loss
to the State, other than conspiracy and stealing," which is before the
trial tribunal. "The application therefore does not have the leg to stand
on."
Mr.
Hayibor submitted that since the law does not clarify what assets of accused
persons can be frozen, the SFO should freeze assets of the respondents that
were acquired after and not before the alleged offence was committed.
Counsel
submitted that after freezing the assets of certain individuals, Act 466 that
set up the SFO empowers its Director to seek confirmation from either a High
Court or a Regional Tribunal as to the strict compliance of the order within
seven days.
The
office is also to notify the affected persons through writing, he said.
Mr.
Hayibor said after waiting for 19 days, SFO put in the application on July 26
but has still not notified his clients.
Counsel
contended that by so doing, the SFO's action explicitly violates the very law
that set it up. The applicant, he said, should have proper grounds on which to
bring the application, and therefore described it as incompetent, and prayed
the tribunal to dismiss it.
GRi…/
Trader
remanded for evading customs duty
Accra
(Greater Accra) 04 August 2000
An
Accra Circuit Tribunal on Thursday remanded in custody, Ahmed Abubakar, a
Malian trader, who is charged with evading custom duties. Abubakar pleaded not
guilty.
Two
Ghanaian accomplices, Francis Gyan and Nana Kwame, both drivers who pleaded not
guilty to abetment of crime and evading customs duty were granted 20 million
cedis bail with one surety each to be justified.
The
three accused persons will appear again on August 10. The tribunal ordered that
the un-customed drugs seized from Abubakar at Abor in the Volta Region should
be sent to the Ministry of Health.
Prosecuting,
Police Chief Inspector Edward Antwi told the tribunal chaired by Mrs. Elizabeth
Anderson Yebuah that on June 12 this year the police at Abor intercepted a
Mercedes Benz van loaded with assorted unaccustomed goods.
The
goods included 325 cartons of cigarettes, 26 bundles of suiting materials, 32
pieces of bed sheets and drugs.
Chief
Inspector Antwi said Gyan and one Toppini who were on the vehicle escaped when
the police intercepted the goods which were transferred to the Police
Headquarters in Accra on the instructions of the Inspector General of Police.
He
said the caretaker of the vehicle however surrendered Gyan to the Police
In
a caution statement Gyan mentioned Nana Kwame and two load carriers at the
Neoplan station in Accra as accomplices.
He
said Djan approached Kwame to convey the goods from Denu in the Volta Region to
Accra but when they got to Denu, they were met by Toppini and one Emma who led
them to a house to load some goods.
The
Police intercepted them on their way back to Accra. Chief Inspector Antwi said
when Abubakar was questioned he admitted buying 17 bundles of suiting materials
in Lome but gave them to Emma to convey to Accra.
GRi…/