Businessman acquitted for not complying with EPA directives
Accra (Greater Accra) 31 October 2001 - A Greater Accra Regional Tribunal on Tuesday acquitted and discharged Felix Asare Mensah, a businessman, who was arraigned for allegedly flouting environmental laws.
In a unanimous decision, the five-member panel chaired by Mr Justice Charles L Quist said the prosecution had failed to prove its case beyond every reasonable doubt.
Mr Justice Quist said there was no evidence to suggest that Mensah obtained a building permit to construct a fuel filling station in a fraudulent manner as the prosecution alleged.
Mr Justice Quist stated further that evidence the prosecution adduced indicated that Mensah did not continue with work on the project after the Environmental Protection Agency (EPA) had revoked his permit.
The tribunal was not satisfied with the prosecution's behaviour or conduct when it failed to invite the Executive Director of EPA to appear before the tribunal to explain the circumstances under which he revoked the permit.
Consequently, the tribunal ordered EPA to re-assess Mensah's application and directed that it complied with Article 296 of the 1992 Constitution.
It stipulates among other things that "where in this Constitution or in any other law discretionary power is vested in any person or authority, the exercise of this discretionary power shall not be arbitrary, capricious or biased, either by resentment, prejudice or personal dislike and shall be in accordance with due process of law."
In February last year, EPA issued Mensah with an environmental permit to construct a fuel filling station at Weija on the Accra-Winneba road.
The EPA quickly withdrew the permit when it received complaints from residents that Mensah was filling the project site with laterite that was against environmental regulations.
When reports reached the EPA that Mensah was still working on the project after his permit had been revoked it reported his conduct to the Police and he was arrested.
GRi../
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Ho (Volta Region) 31 October 2001 - A Ho Circuit Tribunal on Monday sentenced Wisdom Adabe, a 25 year-old unemployed, to life imprisonment for robbing Madam Vinolia Asamoah, a businesswoman of 12.5 million cedis and 660,000 CFA.
The tribunal chaired by Mr Justice Lawrence L. Mensah heard that on July 17, Madam Asamoah, who owns a store opposite the OLA Girls Secondary School at Ho, was attacked by the accused when she alighted from a taxi to walk home at about 21:30 hours.
Adabe, who had way-laid her, emerged from the dark and slapped her from behind and she fell down. Adabe then subjected her to severe beating in his attempt to seize the bag containing the amount. Adabe realising the fierce resistance of Madam Asamoah, broke her right hand with a stone and bolted with the booty.
Sympathisers, who heard the victim's shouts for help, chased and arrested Adabe in a broken down vehicle and retrieved the money. He pleaded not guilty to the charge.
Mr Justice Mensah in his ruling said Adabe's offence was a first-degree felony and would deal with him as such. He said with the upsurge of armed robbery in the country, his sentence should serve as a deterrent.
GRi../
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