GRi Court News Ghana 04 – 08 – 2000

 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…/

 

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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…/

 

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