GRi in Court Ghana 07 - 08 - 2001
Dockets on DIC, Agrah not submitted - DPP
Ruling on Mallam Isa's bail on August 17
Nigerian Delegation lays wreath at Kwame Nkrumah Mausoleum
Accra (Greater Accra) 07 August 2001
The Office of the Attorney General (A-G) said on Monday that it has not received any docket on Mr Worlanyo Agrah, former General Secretary of the Ghana Football Association who was arrested by the Bureau of National Investigations (BNI) last Tuesday.
It has also not received a docket on the arrest of the former Chief Executive of the Divestiture Implementation Committee (DIC), Mr. E. A. Agbodo and Mr Everest Ekong, the Nigerian Managing Director of GoldCity Communications Group for allegedly defrauding the state of 15 billion cedis.
Mr. Osafo Sampong, Director for Public Prosecutions told the Ghana News Agency in an interview in Accra: "My office has not received any docket for study for prosecution."
Mr Sampong's denial followed publications in sections of the media that the suspects were due to appear in court on Monday (yesterday).
The A-G's office is the main body that prosecutes criminal cases. The security agencies like the Police and BNI investigative cases and hand over their findings to the A-G for advice and possible prosecution.
Meanwhile a source at the BNI said the suspects allegedly used Goldcity Company as a front to siphon moneys accruing from the divestiture of state enterprises.
GRi../
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Accra (Greater Accra) 07 August 2001
The Criminal Division of the Court of Appeal will on Friday, August 17, give ruling on a motion by jailed Ex-Minister of Youth and Sports, Mallam Ali Yusuf Isa for bail pending the determination of an appeal against his four-year conviction.
Mr. Ambrose Dery, Leading Counsel for Mallam Isa, argued the motion before the court presided over by Mr. Justice Kwame Afreh.
The Fast Track Court presided over by Mr. Julius Ansah, an Appeal Court Judge sitting as additional High Court Judge convicted Isa for stealing and fraudulently causing the loss of 46,000 dollars to the state.
An affidavit in support of the motion said his conviction was a miscarriage of justice and that his appeal against conviction raises substantial issues of law to be determined by the Court of Appeal.
It said the appeal also raises issues and questions affecting his fundamental human rights, for fair trial and his right to personal liberty.
"In pursuant to Article 19 of the 1992 Constitution on Fundamental Human Rights and Freedoms as my imprisonment (an infringement of my right to personal liberty) is unjustified," it declared.
The affidavit argued that an order for bail pending the determination of the appeal was necessary to ensure that its success was not rendered nugatory and to forestall the continued breach of his right to personal liberty in the interim when the courts were on vacation from July 31 until October.
It said the record of proceedings from the Fast Track Court was not yet ready to enable him to prosecute his appeal and there was likely to be a delay in the determination of the appeal.
Arguing on the motion for bail, Mr Dery told the court that the conviction was based on fraud and that there was a serious doubt that exposed an error that made the conviction biased.
He said during the trial, there was an interlocutory appeal to be determined, yet the trial court went ahead to exercise its jurisdiction in trying the case, saying this amounted to depriving his client of his rights.
He submitted that of all the witnesses for the prosecution, it was only Mr Alex Asante, Protocol Officer and Mr. Worlanyo Agra, General Secretary, both of the Ghana Football Authority GFA, that said the accused instructed that the money should be removed from the suitcase.
He said Mr. Asante and Mr James Tiga, the Accountant of the Ministry of Youth and Sports, did not indicate how the 46,000 dollars was put in the envelope and the bag.
Counsel pointed out that the trial judge did not raise any reasonable doubt on the credibility of the two witnesses.
Mr Anthony Gyambiby, Principal State Attorney said the sentence imposed on Mallam Isa was minimal.
He said the sentence was so short that the ex-Minister need not raise the appeal, adding that the penalty for default in refunding the 46,000 dollars, according to law, should be 12 years but not two years.
Mr Gyambiby also reminded the court that this does not affect the sentence and stressed that the sentence for stealing is 25 years and that the four-year sentence was very considerate.
In addition the two-year sentence in default of the refund of the money was made concurrent to the four-year prison term.
The Fast Track Court tried Mallam Isa between May 7 and July 20 and found him guilty of two counts of stealing and fraudulently causing the loss of 46,000 dollars to the state.
The money was given to Mallam Isa to be paid as bonus to the national senior team, the Black Stars in their World Cup qualifying match in the Sudan.
Mallam Isa was sentenced to four years imprisonment with hard labour on each count.
He was also fined 10 million cedis or in default serve another 12 months imprisonment. He was in addition ordered to refund the 46,000 dollars to the state within one month or go to jail for additional two years.
All the sentences were to run concurrently.
During the trial, the prosecution called 12 witnesses while the defence called one witness. Two interlocutory appeals and one motion were filed.
GRi../
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Accra (Greater Accra) 07 August 2001
A four-member parliamentary delegation from Nigeria on Monday laid a wreath at the Kwame Nkrumah Mausoleum as part of activities to wrap up this year's PANAFEST celebrations.
The delegation led by Senator Olantunje Ajayi, Chairman of Nigeria's Senate Committee on Culture and Tourism, learnt about the rationale behind the development of centre and its historical relevance. Nana Akomea, Deputy Minister of Tourism, accompanied them.
Senator Ajayi told newsmen that his delegation was in Ghana to learn about ways of developing tourism in Nigeria, adding that this was because of Ghana's reputation as one of the leading nations in West African tourism.
He said the delegation would also examine Ghana's culture "since culture forms the base of tourism".
The other members of the delegation were Senator Mohammed Ibrahim, Vice
Chairman of the Senate Committee on Culture and Tourism, Mrs Rabi Audu, Committee Secretary and Miss Obi Oguru, Secretary to the Vice-Chairman.
The committee arrived in the country last Thursday and is expected to leave for Nigeria tomorrow.
GRi../
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