GRi in Court Ghana 26 – 09 - 2001

Judge dissatisfied with prosecution's conduct of case

Four farmers to spend 32 years in prison

Court dismisses contempt charges against Ada chiefs

 

 

Judge dissatisfied with prosecution's conduct of case

     

Accra (Greater Accra Region) 25 September 2001 - The presiding judge of the Fast Track Court, trying six persons, including two former Ministers of State, on Tuesday expressed dissatisfaction about how the prosecution was not able to produce witnesses on time to facilitate speedy trial.

 

Mr Justice Kwame Afreh refused to accept any excuse from the Director of Public Prosecutions (DPP), Mr Osafo Sampong when he told the court that a witness, who was the investigator had not turned up.

 

When the Judge asked the DPP whether the witness was aware that he was to give evidence on Tuesday he answered in the affirmative and the court stood the case down for 30 minutes.

 

Proceedings resumed and when Detective Inspector Stephen Kwame Adarkwa entered the witness box, the Judge asked him why he was late. Inspector Adarkwa attributed his lateness to the early morning downpour.

 

Mr Justice Afreh told the witness that he was a police officer and must endeavour to do the right thing.

 

Led by the DPP, Inspector Adarkwa said he was assigned to investigate the Quality Grain case involving the six persons in March.

 

Witness said after investigations, he invited the accused persons and took cautioned and charge statements from them.

 

Mr Adarkwa tendered the statements of the first two accused persons, Ibrahim Adam, former Minister of Food and Agriculture (MOFA) and Dr Samuel Dapaah, former Chief Director of MOFA.

 

Witness continues his evidence on Wednesday. The other accused persons are, Kwame Peprah, former Finance Minister, Dr George Yankey, Nana Ato Dadzie and Kwesi Ahwoi, all former senior public officers.

 

They have pleaded not guilty to conspiracy and fraudulently causing financial loss to the state and each of them is on a self-recognisance bail.

GRi…/

 

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Four farmers to spend 32 years in prison

 

Wa (Upper West) September 2001 - The Wa Circuit Court on Friday sentenced four farmers to a total of 32 years in prison after finding them guilty of burning a DAF cargo truck valued at 105 million cedis.

 

The court presided over by Mr Gibson Adzagli issued a bench warrant for the arrest of the fifth accused, Lakye Kule, who is on the run.

 

Those jailed are Zuori Tanwulo alias Akwasi, 27, Dabie Turonye 25, Sewuyaro Dalifore, 24 and Tijani Dery Dagarti, 62 pleaded not guilty when they first appeared before the court on February 8, this year.

 

The court heard that on January 8, this year, Amadu Sumaila driver of the cargo truck number AS 6211 G loaded with 25 cows was involved in an accident between Babile and Wa.

 

When the driver reached the spot, a 15-year-old cyclist, Borsogku Pire, allegedly crossed the truck and to avoid him, the driver swerved to the other side of the road.

 

In the process, he lost control of the vehicle, which fell and trapped two female pedestrians, Kula Balieu, 35 and Benikuor Yaatuo, 29, killing them, while the cyclist died later at the Jirapa hospital.

 

During the accident, 14 of the 25 cows on board the vehicle also escaped into the bush.

 

An angry mob including the convicts rushed to the scene and set the vehicle ablaze on the orders of Tijani Dery Dagarti.

 

About 25 million cedis which was kept in the front compartment of the vehicle for the purchase of tyres and spare parts was also burnt in the process.

GRi../

 

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Court dismisses contempt charges against Ada chiefs

 

Tema (Greater Accra) 26 September 2001 - A Tema High Court on Tuesday dismissed contempt charges brought against all the 23 Chiefs of the Ada Traditional area for celebrating the Asafotufiami festival against the orders of the same court.

 

The Court on July 30, this year granted an interim injunction restraining the Traditional Council from celebrating the annual festival following a suit filed against the council by Nene Tetteh Kupualor Bessey, a sub-chief of Big Ada who was barred from the celebrations.

 

The Traditional Council, however, went ahead to celebrate the festival arguing that the court's order was served on the Registrar of the council at 5.30 p.m. just a day before the festival and stopping it would have caused confusion in the whole traditional area.

 

Mrs Felicity Amoah, the Judge in her ruling said "the court had no jurisdiction as it finds that the subject matter over which the court presided is a matter affecting chieftaincy".

 

The court, therefore, vacated the ex-parte order of interim injunction it granted the plaintiff, discharged and acquitted the respondents.

 

The Ada Traditional Council had written to Nene Kupualor Bessey, who is also the former President of the Association of Building and Civil Contractors Association, telling him not to participate in the festival until a dispute over his position as chief of the Wetsoyi clan was settled.

 

Nene Kupualor, however, resorted to legal action and sought an ex-parte interim injunction, which restrained the Traditional Council from celebrating the festival until the case was determined. 

 

Nene Kupualor was not present at the ruling but wrote to the court on Monday, September 24, saying efforts were being made to settle the dispute outside the court and, therefore, requested for adjournment until November 5.

 

Mr E. N. K. Olaga, leading counsel for the Traditional Council, however, rejected the suggestion and asked the court to go ahead with its ruling.

 

Mr Olaga argued that Nene Kupualor misled the court by deliberately hiding facts about the controversy surrounding him as a sub-chief and that "such a motive was fraudulent aimed at holding the entire Ada state to ransom."

 

Mr Olaga who apologised to the Judge, said even though the order had been given, it was made in bad faith and, therefore, "ad no leg to stand on." He appealed to the court to revoke its own order since it is a decision that affected the entire 10 divisions of Ada.

 

Last week, Mr Ebo Quarshie, Counsel for the plaintiff called on the court to reject the defence application to imprison the defendants because they did not show any respect for the court.

 

He said it was also wrong for the defendants to say that their apology was to the judge as a person and not the high court, which meant they had no regret for their action.

GRi../

 

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