GRi in Court Ghana 18 - 05 - 2001

 

Court rules Government should take over Quality Grain Company

 

Secret combination locks could be opened in 24 hours - Police officer

 

Pastor remanded in custody for defilement

 

Seventy year-old man jailed three years for fraud

 

 

Court rules Government should take over Quality Grain Company

Accra (Greater Accra) 18 May 2001

 

A High Court in Accra on Thursday ruled that the Government should take over the assets of Quality Grain Company (Ghana) Limited because it has failed to re-pay a bank loan guaranteed by the Government.

The court, presided over by Mr Justice Yaw Appau, said it was convinced by submissions in support of an application by the Attorney General (AG) and Minister of Justice, Nana Akufo-Addo and has no reason to refuse it.

Mr Justice Appau said even though the notice to the company was short, having been served on May 11, it did not make any attempt to reply.

In an affidavit supporting the application, Nana Akufo-Addo said on November 13, 1996, Quality Grain obtained 6,196,330 dollars from South Trust Bank of Alabama, US for the purchase of agricultural equipment.

The AG said the loan plus any interest accruing thereon, were guaranteed with a promissory note dated November 13, 1996, and issued by the Ministry of Finance representing the Government.

The AG said in order to ensure that in event of default the Government would be able to recover the loan, a Deed of Indemnity and Floating Charge for the guarantor to take over the assets of the Company was included in the agreement.

Nana Akufo-Addo said March 15, 1997 was the date for repayment of the first instalment but the company has persistently defaulted.

He said the loan agreement stated that on March 15 and September 15, every year from 1997, the Finance Ministry was to issue demand notices for payment of defaulted amounts plus default interest at 12 per cent per annum.

The Minister said in fulfilment of the loan agreement, the government has repaid 8,152,462.31 dollars while the company has made no effort to indemnify its guarantor to the deed of indemnity.                

GRi…/

 

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Secret combination locks could be opened in 24 hours - Police officer

Accra (Greater Accra) 18 May 2001

 

A senior police officer said on Thursday that someone with a "mechanical acumen" could open a suitcase with secret combination locks between eight and 24 hours.

The green suitcase of the former Youth and Sports Minister, Mallam Yusuf Isa, which has secret combination locks, could possibly have, therefore, been opened since it was found 96 hours after it was checked in at the Kotoka International Airport.

The police officer, who was part of the investigating team, said in as much as he agrees that such a suitcase could be opened within that time frame, he considers it very difficult for one to have done so since that person had to use both the keys and the secret security numbers to achieve that.

Assistant Superintendent of Police (ASP) Vance Baba Gariba of the Criminal Data

Services Department at the Police Headquarters in Accra was answering questions under cross-examination by Mr Ambrose Derry, Counsel for Mallam Isa, at the Fast Track Court in Accra.

Mallam Isa is charged with stealing and fraudulently causing financial loss to the state. He has pleaded not guilty and has been granted 500 million cedis bail.

The green suitcase where Mallam Isa said he put 46,000 dollars meant as winning bonus for the senior national soccer team, the Black Stars and imprest for officials during a World Cup qualifier in Sudan last February was tendered in evidence.

Demonstrating how the green suitcase was tampered with, ASP Gariba explained that its handle was broken, the inner lining ripped off and an opening created at the bottom.

He said it would be difficult for something to have come out of the suitcase through the opening since only three of his fingers could enter.

Mr Derry then pointed out to witness that since there were no standardised fingers, someone with smaller fingers could still go through the suitcase with ease.

ASP Gariba said the security numbers for green suitcase were "366", which, he said, represent Mallam Isa's birthday. However when he was demonstrating how the suitcase could be opened, he used "000".

ASP Gariba said even though any number could be used to lock the suitcase and only the secret numbers "366" could be used to open it, he used "000" to open the suitcase in court because the numbers had changed.

When asked whether apart from the original keys one could not use any mechanism like the use of the "Master key" to open the suitcase, ASP Gariba said he had no idea.

Mr Derry said his client had told Gariba during the IGP's Committee of Inquiry that he had lost the keys and disagreed with Gariba that one needed both the keys and the secret numbers to open the suitcase.

However, witness disputed the assertion.

Mrs Theresa Selormey, a cashier of the Bank of Ghana, told the court that on February 23, she received a letter from the Accountant-General's Department to pay sums of money to the Ministry of Youth and Sports to cater for the Black Stars and officials for the Sudan trip.

She said she paid the money in three categories - 46,000 dollars, 8,656 dollars and 1,042 dollars.

Mrs Selormey said the only time she came into contact with Mallam Isa was when a group of CID s from the Police Headquarters and some officials from the Ministry of Youth and Sports came to her boss, Mrs Christiana Laryea, for a demonstration on how the monies were delivered.

When asked which one was safer to carry when travelling, a travellers' cheque or physical cash, Mrs Selormey said it depends on the wishes of the clients. However, she thinks that the travellers' cheques are more convenient.

Sitting has been adjourned to Monday, May 21.

GRi…/

 

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Pastor remanded in custody for defilement

Agona Swedru (Central Region) 18 May2001

 

The Agona Swedru Community Tribunal has remanded a pastor in prison custody for defiling a 14-year-old school girl of Gomoa Oguaakrom near Agona Swedru.

Pastor Elija Kweku Mensah of the Bethel Church at New Edubiase in the Ashanti Region, who pleaded not guilty will reappear on May 28.

Prosecuting, Chief Inspector Harold Coffie told the court, presided over by Mr Abdul F. Yakubu that on April 29, the accused came to Agona Swedru from Breman Asikuma to buy soap for his shop.

He said Pastor Mensah decided to visit a lady pastor at Winneba but the vehicle he was travelling on had flat tyre at Gomoa Oguaakrom.

As the passengers waited for the tyre to be mended, it threatened to rain and so rather than continue the journey the accused decided to join worshippers at a nearby Faith Tabernacle church.

He changed into a pastor's robe and introduced himself as a visiting pastor from New Edubiase.

Mensah was warmly welcomed by the resident pastor who invited him to give the sermon.

Inspector Coffie said after the service Mensah accepted a request by the congregation and the host pastors to spend a few days with them.

On May 2, the accused invited four members of the church including the victim for an all-night prayer session during which he sexually assaulted the girl.

The prosecution said the victim informed the elders of the church who caused the arrest of the accused and handed him over to Agona Swedru Police.

GRi…/

                      

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Seventy year-old man jailed three years for fraud

Aflao (Volta Region) 18 May 2001

 

Yaw Akpah, a 70 year-old farmer, was sentenced to three years' imprisonment for defrauding a chemical seller of six million cedis. He pleaded guilty.

Prosecuting Police Inspector Kofi Frimpong told the court presided over by Mr Francis Opoku that Akpah and Mr Vincent Afedo, a chemical seller both resident at Aflao became friends in March last year when Akpah introduced himself to Afedo as a clearing agent and lotto forecaster.

Inspector Frimpong said Akpa told Mr Afedo that he has some electrical gadgets including television sets, radio cassette players, gas cookers, video decks, fridges and typewriters to clear at Togo.

He said the Akpah demanded some money from Mr Afedo to help him clear the goods and promised to sell some to him.

Inspector Frimpong said the accused collected various sums of money amounting to six million cedis from Mr Afedo but failed to present the items to him.

He said at a time Akpa took Mr Afedo to a house at Aflao low-cost area and showed him a room in which he said the items were but did not open the door to the room explaining that he suspected that some people, who were drinking nearby were plain clothes Policemen, who might be watching them.

Inspector Frimpong said Mr Afedo became suspicious of Akpah's behaviour and reported him to officials of the Bureau of National Investigations (BNI) before whom he admitted the offence and promised to pay back in two weeks but went into hiding after a self-recognisance bail.

The Prosecution said in January, BNI officials rearrested Afedo and handed him over to the police for further investigations.

Inspector Frimpong said Akpah told the Police during investigations that he could not pay the amount because he used some of it for running his home, some for lotto and the rest for miscellaneous expenses.

In another development, a 34 year-old painter, Godwin Lawson, who was arrested near the Togo border by customs officials while attempting to cross with two electricity meters was sentenced to four years imprisonment with hard labour by the Aflao Circuit Court on Wednesday.

He pleaded guilty to stealing. 

Inspector Frimpong told the court that Customs, Excise and Preventive Service (CEPS) personnel, who were on duty at Akpokploe, an unauthorised route near the Ghana-Togo border on May 2 saw Lawson moving towards the border and they invited him for questioning.

He said two Electricity Company of Ghana (ECG) meters with numbers 9010082 and 20501248 together with pliers, a screwdriver, a pinch bar and two small torches were found in a bag he was carrying.

Inspector Frimpong said Lawson told the Aflao Police that he was on his farm at Kpako Kope, near the border, when one Tata brought the items to him to cross with.

He said Lawson, however, failed to locate Tata's house and his own farm.

GRi…/

 

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