Finance Ministry guaranteed loans for Quality Grain -Witness
Mallam Isa's counsel to study submissions
Accra (Greater Accra) 16 October 2001 - A prosecution witness on Monday said the Ministry of Finance guaranteed various loans for the Quality Grain, Ghana Limited for its rice project at Aveyime in the Volta Region.
Mr Theophilus Cudjoe, Deputy Director, (Investigations) of the Serious Fraud Office (SFO), told the Fast Track Court trying six persons including two former Ministers of State that the loans were different from the 21 million dollars the government guaranteed for the company.
Led in evidence by Mr Osafo Sampong, Director of Public Prosecutions (DPP), witness said the Finance Ministry guaranteed two different 60,000-dollar loans from the Ecobank and Trade and Investment Project Fund of the Gateway Secretariat, 35,000-dollar credit facility from Ecobank and a 240-million cedi loan for provision of utility services at the project site.
Other loans contracted were 300 million cedis for settlement of fuel debts and 50 million cedis for payment of salaries of workers at the project.
Mr Cudjoe said with the exception of the 50 million-cedi loan, which was guaranteed by Dr Samuel Dapaah, former Chief Director at the Ministry of Food and Agriculture (MOFA), the second accused person, the rest were signed by Dr George Yankey, a former Director at the Finance Ministry, the fourth accused.
Witness tendered documents covering the loans. The accused persons are Ibrahim Adam, Ex- Food and Agriculture Minister, Kwame Peprah, Ex-Finance Minister, Nana Ato Dadzie and Kwesi Ahwoi, former senior public officials.
They have pleaded not guilty to conspiracy and wilfully causing financial loss to the state and each of them is on a self-recognisance bail.
Mr Cudjoe said during investigations into the operations of the company, he received a certified copy of record of proceedings from a high court in Atlanta, Georgia of a civil case between two directors of the Quality Grain Incorporated in the US on one side and Ms Juliet Woodard, who is also a director.
Witness said in the records, he found an affidavit sworn by Dr Yankey at the request of Ms Woodard, who is the sole owner of the Quality Grain Ghana Ltd.
He said the affidavit talked about the position of the government on the loans it guaranteed for the company and later tendered it. Hearing continues on Tuesday, October 16.
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Accra (Greater Accra) 16 October 2001 - The Court of Appeal hearing the petition filed by Mallam Yusif Isa, former Minister of Youth and Sports on Monday gave his counsel three days to study written submissions by the prosecution in order to respond appropriately.
This followed the failure of Mr Anthony Gyambiby, Principal State Attorney, to beat the last Friday's deadline the court's order gave him to present his submissions but managed to do so on Monday morning.
Consequently, the court, presided over by Mr Justice Omari Sasu, with Mrs Justice Sophia Adinyira and Mr Justice Sule Gbadegbe as members, adjourned proceedings to Wednesday, October 17.
On July 20, a Fast Track High Court presided over by Mr Justice Julius Ansah, an Appeal Court Judge, who sat as an additional High Court Judge, convicted Mallam Isa on two counts of stealing and fraudulently causing financial loss to the State.
Mallam Isa was said to have stolen 46,000 dollars meant for the payment of bonuses of players of the senior national team, the Black Stars during a World Cup qualifying match in the Sudanese capital of Khartoum on February 25.
He was accordingly jailed for four years on both counts to run concurrently and ordered to refund the 46,000 dollars within two months or serve two years' jail term.
Furthermore, a 10 million-cedi fine was imposed on Mallam Isa, or in default, he was to serve additional 12 months' imprisonment.
Not satisfied with the court's ruling, Mr Ambrose Dery, his counsel, appealed against it on the grounds that the charges preferred against his client could not be supported by the evidence adduced.
Counsel said the trial judge erred in law when he held that there was direct evidence that Mallam Isa dishonestly appropriated the 46,000 dollars and fraudulently caused loss to the State when there was no direct evidence whatsoever to that effect.
Counsel's further ground for the appeal was that it was wrong for the trial court to have averred that the prosecution discharged its burden of proof beyond all reasonable doubts when there were several doubts raised in the evidence.
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Accra (Greater Accra) 16 October 2001- The Court of Appeal has dismissed an application brought before it by Victor Selormey, former Deputy Minister of Finance, for stay of proceedings at the Fast Track High Court (FTHC).
Describing it as "misconceived", the court said it had no jurisdiction to hear the application and accordingly dismissed it.
Giving reasons for the dismissal, the court said it could not entertain such an application when there was no appeal on the matter before it. It said since an appeal on certain interlocutory orders made by the FTHC was pending before the Supreme Court, it was the proper forum where an application for stay of the FTHC proceedings could be heard.
The three-member panel constituted by Mr Justice Kwame Afreh, presiding, with Mr Justice Omari Sasu and Mr Justice Sule Gbadegbe, as members, therefore, dismissed the application.
Mr Johnny Quarshie-Idun, Counsel for Selormey, filed the appeal asking the court to grant an order for stay of proceedings at the FTHC pending an appeal at the Supreme Court against certain interlocutory orders by the FTHC.
Throughout the proceedings, the FTHC said since there was no contract in evidence and it could not accept the tendering in evidence of a CD ROM by the solicitors of Leebda Corporation.
Aggrieved by this and other orders made by the FTHC, Selormey went to the Court of Appeal. The court dismissed his appeal on September 27 for the reason that Leebda did not produce the CD ROM as alleged by his witnesses.
The former Deputy Finance Minister has been arraigned at the FTHC on charges of conspiracy, defrauding by false pretences and wilfully causing financial loss to the State.
He was alleged to have conspired with Dr Fred Owusu-Boadu, a Ghanaian consultant in the United States, to fraudulently cause the loss of 1,297,500 dollars to the State.
Selormey has pleaded not guilty to the charges and the court presided over by Mr Justice Sam Baddoo, has granted him bail to the tune of 1.5 billion cedis with two sureties to be justified.
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