A total of 106 foreign nationals have been jailed after pleading guilty to unlawful entry into Ghana in October last year.
The sentence was handed down by the Accra High Court on March 12, highlighting the government’s strict enforcement of immigration laws.
Of the 106, 55 received 28-day prison sentences, while the remaining 51 were each handed four-week sentences.
After serving their sentences, the court ordered their deportation to their respective home countries.
According to the police, the accused persons, most of whom are reportedly French nationals, entered Ghana between January and October 2025. None of them reported to the nearest Immigration Office, produced valid travel documents, or completed the prescribed legal processes.
The accused persons were spotted around the Kuntunse Satellite area in Accra on October 7 last year under suspicious circumstances. After further enquiries, authorities discovered they were living in a local residence.
During interrogation, the suspects refused to provide their true identities. They were subsequently arrested and taken to the Criminal Investigations Department (CID) Headquarters for further investigation. They were later processed for court on March 12, 2026, where they pleaded guilty to charges of unlawful entry into Ghana.
Meanwhile, 44 Ghanaians who fell victim to the widely reported QNET scam and were lured to Nigeria have been repatriated, according to the Ministry of Foreign Affairs.
The group comprised 27 men and 17 women.
They were transported back to Ghana on March 20 after being rescued from suspected human trafficking camps in Akwa Ibom, a coastal state in southern Nigeria.
Most of the victims reportedly travelled from Ghana in December last year in search of better opportunities, but were intercepted during an operation by the Nigerian police before their repatriation.
Rescue operations: Victims recount ordeal
One of the victims, recounting her experience after being lured barely a month ago, said they were apprehended during a late-night operation and criticised the approach adopted by the police.
According to her, “The police officers were dressed in black and wearing masks as though it was a kidnapping. Some of us were beaten as we tried to resist, fearing that we were being kidnapped. I was traumatised.”
Another victim said they spent four days in a private facility after their rescue before being brought back to Ghana.
Recruitment style
On how they were recruited, one victim said she was promised assistance to secure a job in South Africa and paid GH¢16,000 as a service charge, while another said he paid GH¢10,000 for similar arrangements.
A female victim, who spoke on condition of anonymity, said she had been promised travel to South Africa but was instead made to sell products on commission upon arrival in Nigeria.
“I left Ghana in December last year, and I was told I would be sent to South Africa to work. However, upon arriving in Nigeria, I was given some health products to sell on a commission basis. Although I sold some, I couldn’t meet the target to earn any commission,” she said.
She acknowledged that they were fed twice a day but said their living conditions were poor. She also expressed regret over the decision, including the loss of GH¢16,000 given to her by her father.
She called on the Ghanaian government to intensify efforts to create jobs for the youth to discourage risky migration in search of opportunities abroad.
In a related development, 320 individuals were arrested by the Economic and Organised Crime Office (EOCO) in Kumasi as part of efforts to combat organised crime.
The raid, carried out on November 6, 2025, was described by EOCO as a breakthrough in its ongoing operations against human trafficking and economic crimes linked to the QNET fraud scheme.
Of that number, 25 were identified as suspected members of the fraud and trafficking network, while the remaining 295 were believed to be victims who had been lured into QNET-related schemes.
The operation followed an earlier raid in Kasoa two weeks prior, which resulted in more than 26 arrests.
EOCO said the operation was the result of months of careful investigations, demonstrating its commitment to tackling organised and economic crime.
The 25 suspects were being questioned and were expected to face prosecution under Ghanaian law.
The agency also said it was working with QNET to “clamp down on the misuse of their brand name to traffic and defraud innocent individuals.”
EOCO assured the public of its continued efforts to combat financial and organised crime and urged citizens to report suspicious activities.
The QNET scheme is known for luring individuals with promises of high-paying jobs or large profits abroad. However, many victims end up deceived, trapped in debt, or forced to recruit others.
A new judge, Justice Francis Apangabuno Achibonga, has taken over the trial of former National Security Bureau Director-General Kwabena Adu-Boahene and two others at the Accra High Court.
Justice Francis Apangabuno Achibonga took over from Justice John Eugene Nyante Nyadu as the presiding judge. At the first hearing on Wednesday, March 11, the new judge, the defense lawyer, Samuel Atta Akyea, questioned the prosecution’s finance witness, Head of Finance at the National Security, Edith Ruby Opokua Adumuah, to test the evidence against Adu-Boahene.
The defense lawyer asked the prosecution’s finance witness to explain how government money for national security is managed and tracked using Ghana Integrated Financial Management Information System (GIFMIS).
Meanwhile, an application by the Deputy Attorney-General (A-G), Dr Justice Srem-Sai, seeking a review of a key aspect of its earlier ruling in the criminal trial involving the former National Signals Bureau Director-General, and his wife has been thrown out by the Supreme Court.
The request by the Deputy Attorney-General seeks to ensure the Supreme Court reinstates a key aspect of the Practice Direction on Further Disclosures.
The Practice Direction on Further Disclosures mandates the prosecution to disclose materials that are in its possession and “relevant” to the case.
However, the Supreme Court revised this to require the prosecution to disclose materials that are in its possession and connected to the case. The adjustment by the Supreme Court followed an application by Adu Boahen and his wife, who had formally asked the Court to stop the High Court judge handling their criminal trial from continuing with the case.
But counsel for Mr Adu Boahen, Samuel Atta Akyea, has argued that the Deputy Attorney-General’s reasons for the review lack merit and fail to meet the exceptional circumstances required for the Supreme Court to exercise its review jurisdiction.
Last year, prosecution against the third accused person, Mildred Donkor, in the ongoing GHS49 million theft case involving former National Signals Bureau boss, Kwabena Adu-Boahene, and his wife, Angela Adjei-Boateng, was discontinued by the Attorney-General (A-G), Dr. Dominic Ayine.
Ms. Donkor was formally discharged under Section 59 of the Criminal and Other Offenses (Procedure) Act, 1960 (Act 30) after she declared her willingness to testify for the state in the ongoing trial.
Kwabena Adu-Boahene is the first accused, while his wife and their company, Advantage Solutions Limited, are the second and fourth accused, respectively.
Adu Boahen was arrested in March this year at the Kotoka International Airport (KIA) after allegedly attempting to elude authorities using multiple passports.
Attorney-General Dominic Ayine formally charged Mr. Adu Boahene and his wife, Angela Adjei Boateng, with corruption offences to the tune of GHS49 million on Wednesday, April 30, 2025.
According to the writ filed at the High Court on April 30, Mr. Adu-Boahene, who was responsible for overseeing critical national security infrastructure, including contracts with foreign companies, signed a deal with an Israeli company, ISC Holdings Limited, to purchase cyber defence software for $7 million.
In total, Adu-Boahene is alleged to have transferred approximately GHS49 million (approximately $7 million) from the NSB’s funds into his personal accounts, falsely justifying these transactions as payments for the cyber defense systems, together with his accomplice.
“Further investigations have revealed that no cybersecurity system of the description in the January 30, 2020, contract was ever received by the Bureau of National Communication or by its successor agency, the National Signals Bureau, or by the Government of Ghana,” court documents indicated.
Adu-Boahene’s wife, Angela Adjei Boateng, is one of three directors of Advantage Solutions Limited, the sole shareholder of BNC Communications Bureau Limited. Mildred Donkor is a former bank relationship officer for Adu-Boahene, his wife, and BNC Communications Bureau Limited.
The A-G, during a media address in March, detailed that on February 6, 2020, Adu Boahene authorized the transfer of GHC27.1 million from the National BNC’s account at Fidelity Bank to a private BNC account at UMB.
The stated purpose of this transaction was to facilitate the acquisition of cyber defense system software from ISC Holdings in Israel for $7 million.
Further scrutiny of the bank records showed that Mr. Adu Boahene instructed the private BNC to transfer GHC9,537,520, equivalent to $1,750,000 at the time, to ISC Holdings.
However, the Attorney-General revealed that “Mr. Adu Boahene fraudulently attached a copy of the government of Ghana ISC contract as well as an invoice, which he held as an invoice issued by ISC Holdings.”
In addition to the initial transaction, two further payments amounting to GHC21 million were transferred from the National BNC Director’s account at Fidelity Bank to the same private BNC account at UMB on March 18 and March 30, 2020. These payments were recorded as funding for the cyber defense system.
However, upon closer examination, it was discovered that although a total of GHC49 million had been moved into the private BNC account—an amount equivalent to $7 million at the prevailing exchange rate—only a fraction of the money had been paid to ISC Holdings, raising concerns about the whereabouts of the remaining funds.
According to court documents, it is alleged that Adu-Boahene, his wife, and Mildred “ran an elaborate criminal enterprise using A4 (Advantage Solutions Limited) as a holding company through which the stolen funds were funneled and laundered for their own benefit.”
The documents added that as the holding company for several subsidiary companies, including the private BNC, A4 received a substantial portion of the stolen funds, which its shareholders and directors then invested in the business activities of the subsidiaries, including investments in treasury bills, real estate, the manufacturing of fertilizers, and the rental of luxury cars to VIP customers.
In July, the former Director-General of the National Signals Bureau (NSB), Mr. Adu Boahene, along with three co-defendants, including his wife, made their formal court appearance on the 18th day after the High Court in Accra, presided over by Justice John Nyante Nyadu, set July 18 as the date for the trial following a pre-trial hearing on July 3.
The pre-trial was held for the court to address a motion filed by the defendants’ legal team requesting access to national security accounts dating back to 1992.
However, their request was dismissed due to inadequate justification by the presiding judge. During proceedings, the defence lawyer, Samuel Atta Akyea, raised concerns about missing evidence, specifically claiming that 83 pages of bank statements had not been disclosed to the defence.
In response, Deputy Attorney-General Justice Srem Sai objected to allegations that the Attorney-General’s office had lost evidence in the ongoing criminal case involving former NSB Director-General, Kwabena Adu-Boahene.
These claims emerged after the defence team reiterated during a Case Management Conference on June 26 that the bank statements provided by the prosecution were incomplete and that essential pages were missing.
They suggested that these omissions might contain exculpatory evidence and accused the Attorney-General’s office of “cherry-picking” documents to support its case while withholding material that could potentially clear the accused.
The Attorney-General’s office, in a statement shared on its official X page on August 28, stated that it is still in possession of all the rightful evidence against the accused. Justice Srem Sai added that all necessary documents needed to prove the charges have been filed.
The documents include contracts, bank records, property ownership documents, INTERPOL reports, and witness testimonies.
“The Attorney-General’s office has not lost any evidence regarding the ongoing Republic v Adu-Boahene criminal trial. As of June 18, we had filed all the documents which we intend to rely on to prove the charges against the 4 Accused Persons in the case.
“The documents include contracts of sale, bank wire transfer records, bank account statements, company registration documents, property ownership records and purchase receipts, INTERPOL stolen vehicle records, investigative caution statements and charge statements of each Accused Person, records of asset non-declaration, a flow chart of money movements through a complex web of bank accounts, and testimonies of our 3 witnesses,” he noted.
According to him, Adu-Boahen’s legal team is wrong and misguided to believe that the government has lost evidence in the case against their client. He added that “there is no cherry picking as all accused persons have been duly served.”
“Further, court-certified copies of each of these documents have been duly served on each of the Accused Persons. So, it is not even realistic that the documents could be lost to jeopardise the prosecution of the case.”
On the current status of the case, the Deputy A-G revealed that before the court went on recess, three prosecution witnesses had already testified, proving that the case is still on track and not disrupted by any lack of evidence.
“…Before the start of the legal vacation on July 31, the first of our 3 prosecution witnesses had completed testifying and had been cross-examined by the lawyers of 3 of the 4 Accused Persons,” he said, adding that, “The trial will resume in earnest in mid-October when the courts return from the legal vacation.”
The Accra High Court has ruled that Daddy Lumba’s funeral, set for December 13, 2025, should take place as originally arranged.
This decision follows an earlier injunction granted by the court, which stopped the funeral and barred the family head, Kofi Owusu, from overseeing the burial, while also preventing Transitions Funeral Home from releasing the body.
But shortly after issuing that ruling, the court summoned all legal representatives and released a new directive.
In its earlier ruling, the court stated that the applicants must provide GH¢2 million to the court by 2 p.m. on Friday, December 12, 2025. If they failed to do so, the funeral would go ahead on Saturday, December 13, 2025.
The court explained that although it acknowledged the applicants’ concerns, the injunction came with heavy financial consequences and could place an unfair burden on the respondents.
Because of this, the judge instructed the applicants—who include members of Daddy Lumba’s maternal family—to deposit GH¢2 million as security to cover any possible costs caused by the postponement.
After the applicants did not provide the required amount, the court ruled that the funeral could move forward on the 13th.
Meanwhile, Evangelist Papa Shee has explained that Daddy Lumba’s funeral will not take place in December due to delays in travel arrangements for some family members abroad.
“The burial ceremony on December 13 will not come off because the musician’s children have exams on February 26, 2026, and others have expired passports. The autopsy result isn’t out because we are also in court with Transition,” Papa Shee stated.
In a video shared on November 29, 2025, he appeared appeared on United Showbiz with Kofi Owusu, family head of the late Ghanaian Highlife legend to clarify the family’s position on matters surrounding Daddy Lumba’s funeral arrangements.
He added that the funeral has been scheduled for March 14, 2025, because the family must first meet President John Dramani Mahama over his proposal to grant the late musician a state burial.
“…We also went to the presidency to inform the President when Lumba passed. He wasn’t around, but we met Julius Debrah, and he even told us that they would like to give Daddy Lumba a state burial. We haven’t even gone back for feedback,” Papa Shee added.
Contrary to this, Abusuapanyin Kofi Owusu also maintained that the initial burial date (December 13), will come off as scheduled, and nobody has the authority to change it.
According to the Abusuapanyin, Papa Shee is not a family member, and he will sue him if he continues to claim that the burial date has been changed.
“I am the one who fixed the date, and I am saying that the burial ceremony will be held on December 13, no matter what. Your new date will not come on, no matter what.
“Are you a family member? Why would you interfere in the affairs of another family when you are not part of it? If we hear you mentioning the 14th, I will take you on,” Kofi Owusu insisted.
The late Daddy Lumba’s elder sister, Ernestina Fosu has declared that there will be no burial for Daddy Lumba until the actual cause of his death is known.
After a court appearance, Ernestina told Adum TV that until the truth is known, no amount of court ruling or family decision would compel her to allow the funeral to proceed.
“The funeral will not be held on December 6. We did not seek an injunction because we are mad. We still don’t know what killed my brother. We cannot allow people to rush with his funeral,” she said.
However, she has expressed readiness to organize the funeral on the once she receives a clear explanation about what caused Daddy Lumba’s death before then.
“There will be no problem if we find out about the cause of Daddy Lumba’s death before December 6. But if we don’t find out what killed my brother, I won’t allow my family to bury my brother, Charles,” she said.
Ernestina Fosu has earlier indicated that she is not prepared to organize Daddy Lumba’s funeral on Dec 6.
She made this known to the media in the aftermath of a court proceeding at the Kumasi High Court on October 28, 2025.
“I am not ready for my brother’s funeral on December 6, 2025,” she stated firmly in a video shared on social media.
Prophet Kumchacha has warned that three members of the late Daddy Lumba’s family may loose their lives if the family fails to bury the late musician peacefully.
This comes at a time where the two partners of the musician are in court seeking redress on who should be recognized as the legal wife.
Kumchacha explained that his dreams indicated that anyone who blocks Lumba’s funeral or disrupts harmony among his family members would face harsh consequences, as Lumba’s spirit would return for three people after the burial.
“I also saw that Daddy Lumba said anyone who refuses to allow his burial to be held peacefully, and for peace to reign in the family, he will come and take three persons with him to the graveyard,” he stated.
He added that the late musician is seen in handcuffs and weeping in the realms of the spirit.
Thus, he foresees tragedy unfolding from the spiritual realm, which would manifest in the physical world should the burial go ahead on December 13, 2025.
“I have had several dreams and as I speak, Daddy Lumba’s spirit is sad. In the spiritual realm, he is in handcuffs and weeping. If they try to bury him on December 13, something tragic will happen spiritually and it will be felt in the physical world as well. They should move the funeral to around the sixth month of next year,” Kumchacha UTV’s United Showbiz on November 22, 2025.
The burial date for Daddy Lumba has been changed from 6th December to December 13, 2025.
According to report, the date extension will provide the family with ample time to know the cause of the musician’s death before his burial.
The Accra High Court has temporarily halted the burial of the late musician Daddy Lumba following an injunction filed by his maternal family.
The court barred the first respondent from organizing the funeral and prevented the third respondent from releasing the body from the mortuary until the main case is decided.
In its ruling, the court emphasised the importance of considering the merits of each side, noting that affidavits showed the immediate family had been excluded from funeral arrangements.
While acknowledging that delaying the burial could incur additional costs, the judge stressed that proper family consultation and due process must be respected.
The court highlighted that although the family head has authority over funeral processes, such leadership must be exercised in consultation with immediate relatives.
Accordingly, it ordered the first respondent to convene a stakeholder meeting within three weeks to agree on a new burial date.
The ruling also directed that all funds raised for the funeral be kept separate from the Daddy Lumba Memorial Foundation account, and required the applicants to file an affidavit with the court registrar.
The dispute follows Daddy Lumba’s death on July 26, 2025, at the age of 60, which sparked disagreements between his maternal relatives and the family head over who should lead the funeral and how related funds should be managed.
The conflict underscores longstanding Akan customs, which give significant roles to the maternal lineage in burial decisions, and highlights the need for proper family involvement in funeral proceedings.
Evangelist Papa Shee has stated that the burial of Daddy Lumba is scheduled by his family for March 2026.
This comes to dispute reports that the funeral of highlife legend will take place in December, insisting that the family has not approved any such date.
“To my knowledge, and according to the family, the funeral will take place in March,” he said on Asempa FM’s Ekosii Sen show.
He also claimed that an effort by certain relatives and organizers to deliver drinks and invitations at the Manhyia Palace on Wednesday was turned down.
“Yesterday they went to the Manhyia Palace and they were turned away. How can they proceed with the funeral if their drinks and invitations were rejected?” he questioned.
Papa Shee claimed that the earlier-formed committee for Daddy Lumba’s funeral no longer exists, meaning there is presently no formal body overseeing the event.
“The so-called funeral committee has been dissolved. The planning committee for Daddy Lumba’s funeral was dissolved long ago, so who exactly is claiming to plan the funeral now?” he asked.
Menawhile on December 3, Denise Lady Ama Saah Fosu, the first daughter of the late Highlife legend Daddy Lumba, announced that their father will be buried on December 13 in Kumasi.
In a video recorded at the musician’s East Legon residence after arriving in Ghana on November 30, 2025 Ama Saah calmly said, “Hello, my name is Denise Lady Ama Saah Fosu, the eldest daughter of the late Charles Fosu, also known as Daddy Lumba. I’m here, representing my entire family today. We’d like to kindly invite you to my father’s funeral which will take place on the 13th December in Kumasi. We wish all well-wishers and mourners to join us to celebrate his life.”
Evangelist Papa Shee had explained that Daddy Lumba’s funeral will not take place in December due to delays in travel arrangements for some family members abroad.
“The burial ceremony on December 13 will not come off because the musician’s children have exams on February 26, 2026, and others have expired passports. The autopsy result isn’t out because we are also in court with Transition,” Papa Shee stated.
In a video shared on November 29, 2025, he appeared appeared on United Showbiz withKofi Owusu, family head of the late Ghanaian Highlife legend to clarify the family’s position on matters surrounding Daddy Lumba’s funeral arrangements.
He added that the funeral has been scheduled for March 14, 2025, because the family must first meet President John Dramani Mahama over his proposal to grant the late musician a state burial.
“…We also went to the presidency to inform the President when Lumba passed. He wasn’t around, but we met Julius Debrah, and he even told us that they would like to give Daddy Lumba a state burial. We haven’t even gone back for feedback,” Papa Shee added.
Contrary to this,, Abusuapanyin Kofi Owusu also maintained that the initial burial date (December 13), will come off as scheduled, and nobody has the authority to change it.
According to the Abusuapanyin, Papa Shee is not a family member, and he will sue him if he continues to claim that the burial date has been changed.
“I am the one who fixed the date, and I am saying that the burial ceremony will be held on December 13, no matter what. Your new date will not come on, no matter what.
“Are you a family member? Why would you interfere in the affairs of another family when you are not part of it? If we hear you mentioning the 14th, I will take you on,” Kofi Owusu insisted.
The late Daddy Lumba’s elder sister, Ernestina Fosu has declared that there will be no burial for Daddy Lumba until the actual cause of his death is known.
After a court appearance, Ernestina told Adum TV that until the truth is known, no amount of court ruling or family decision would compel her to allow the funeral to proceed.
“The funeral will not be held on December 6. We did not seek an injunction because we are mad. We still don’t know what killed my brother. We cannot allow people to rush with his funeral,” she said.
However, she has expressed readiness to organize the funeral on the once she receives a clear explanation about what caused Daddy Lumba’s death before then.
“There will be no problem if we find out about the cause of Daddy Lumba’s death before December 6. But if we don’t find out what killed my brother, I won’t allow my family to bury my brother, Charles,” she said.
Ernestina Fosu has earlier indicated that she is not prepared to organize Daddy Lumba’s funeral on Dec 6.
She made this known to the media in the aftermath of a court proceeding at the Kumasi High Court on October 28, 2025.
“I am not ready for my brother’s funeral on December 6, 2025,” she stated firmly in a video shared on social media.
Prophet Kumchacha has warned that three members of the late Daddy Lumba’s family may loose their lives if the family fails to bury the late musician peacefully.
This comes at a time where the two partners of the musician are in court seeking redress on who should be recognized as the legal wife.
Kumchacha explained that his dreams indicated that anyone who blocks Lumba’s funeral or disrupts harmony among his family members would face harsh consequences, as Lumba’s spirit would return for three people after the burial.
“I also saw that Daddy Lumba said anyone who refuses to allow his burial to be held peacefully, and for peace to reign in the family, he will come and take three persons with him to the graveyard,” he stated.
He added that the late musician is seen in handcuffs and weeping in the realms of the spirit.
Thus, he foresees tragedy unfolding from the spiritual realm, which would manifest in the physical world should the burial go ahead on December 13, 2025.
“I have had several dreams and as I speak, Daddy Lumba’s spirit is sad. In the spiritual realm, he is in handcuffs and weeping. If they try to bury him on December 13, something tragic will happen spiritually and it will be felt in the physical world as well. They should move the funeral to around the sixth month of next year,” Kumchacha UTV’s United Showbiz on November 22, 2025.
The burial date for Daddy Lumba has been changed from 6th December to December 13, 2025.
According to report, the date extension will provide the family with ample time to know the cause of the musician’s death before his burial.
Accra High Courthas handed down five-day prison sentences to three pastors—Apostle Samuel Anang Sowah, Bishop Abraham Adjetey Adjei, and Bishop Daniel Buernor Tokoli— for contempt of court.
These pastors, previously affiliated with the Holy Apostolic Reformed Church (HARC), were found guilty of disregarding court orders that barred them from interfering with the church’s operations.
In addition to the imprisonment, Justice William Boampong, who presided over the case, imposed a fine of GH¢1,000 on each pastor, to be paid to the church, which had filed the contempt motion.
The contempt charges originated on October 27, 2023, when the court convicted the pastors for conducting services at the church’s branches in Tema, Teshie, and Nungua, despite an ongoing interlocutory injunction preventing them from doing so.
At that time, the court issued a caution and discharged them.
However, the court learned that just two days later, on October 29, 2023, the pastors once again defied the court’s orders by holding services at the same branches.
In his ruling, Justice Boampong emphasized that the pastors had not only breached the court’s instructions but had also undermined the authority and administration of justice by their continued defiance.
“The court earlier cautioned and discharged the respondents in an earlier contempt case, but they went ahead and repeated what the court restrained them to do.
The Respondents should therefore be made to respect the law at this time. I sentence each of the three respondents to five days imprisonment,” Justice Boampong ordered.
The Trustees of the Holy Apostolic Reformed Church (HARC)filed a lawsuit against the three pastors, accusing them of violating the church’s constitution by acting independently and refusing to acknowledge the church’s leadership.
The plaintiffs sought several remedies from the court, including a declaration that the three branches taken over by the pastors remained under the authority of the HARC headquarters.
Additionally, the church requested a court order to bar the pastors from any involvement with the church as long as they continued to disregard the directives of the church’s central leadership.
Accra High Court’s ruling on Friday, July 5, denied Fidelity Bank’s request to dismiss allegations inBright Simons’ defense related to procurement irregularities in their ongoing defamation case.
The court’s decision allows Simons to continue with his counter-claim against the bank in their legal dispute.
The conflict arose when Bright Simons echoed claims by energy expert Benjamin Boakye on social media platform X (formerly Twitter), suggesting improprieties in forex transactions between Fidelity Bank and the Electricity Company of Ghana (ECG).
In response, Fidelity Bank filed a defamation lawsuit against Simons.
In a surprising twist, Simons not only defended his statements but also countersued Fidelity Bank, arguing that the transactions in question breached the Public Procurement Act and other national policies.
He contended that Fidelity Bank should not profit from such transactions, particularly given the alleged conflicts of interest involving a senior bank executive who sits on ECG’s board and holds political influence.
Fidelity Bank attempted to have these procurement-related allegations excluded from the case, arguing they were criminal matters unsuitable for a civil defamation trial.
However, the presiding Judge disagreed with Fidelity’s argument, citing legal precedents supporting Simons’ right to raise these issues in his defense and pursue a public interest lawsuit.
The Judge referenced several legal cases to support her decision, affirming that Simons’ approach and his counter-claim against Fidelity Bank were legally sound. As a result of rejecting Fidelity’s application, she ordered the bank to pay costs totaling GHS 3,000.
AudreyGrey Legal, Tax, and Professional Services Firm in Accra represent Bright Simons, while Fidelity Bank is represented by the chambers of Dominic Ayine, the NDC MP for Bolgatanga East.
While the Judge did not issue further directives, the ruling sets the stage for a complex legal battle between Fidelity Bank and Bright Simons, with both parties preparing for the next phase of litigation.
Background
Fidelity Bank initiated alawsuit against Bright Simons of IMANI Africa on March 25, 2024, following a tweet where he alleged that the bank conducted a dubious foreign exchange transaction with ECG, potentially resulting in financial losses.
Represented by Dominic Ayine, the NDC MP for Bolgatanga East, Fidelity Bank claimed in its amended suit that Simons’ tweet contained false and misleading information, fabricated to tarnish the bank’s reputation.
Simons, who entered his appearance on March 28, 2024, and is represented by the corporate law firm Audrey Grey in Accra, staunchly defended his statements.
He argued that the figures cited in his tweet, as well as those from Benjamin Boakye’s tweet, were sourced from financial documents provided by ECG’s own financial department to the Cash Waterfall Mechanism committee at the PURC.
In a preliminary hearing on May 20, 2024, Simons refuted all allegations made by Fidelity Bank, maintaining that his statements were based on credible sources and were not intended to defame the bank.
Accra High Court has sentenced two Police Inspectors to a combined total of nine years in prison for their involvement with the Western Togo Restoration Front (WTRF), a secessionist and banned organization in Ghana.
Billy Akuaku, who financially supported another group called the Homeland Study Group Foundation (HSGF), received a five-year prison sentence and a GH¢6,000 fine. Failure to pay the fine would result in an additional five months in prison for Akuaku.
Gabriel Dorduno, also a financial contributor to the HSGF, was sentenced to four years in prison and fined GH¢3,600. If Dorduno did not pay the fine, he would serve an extra three months in prison.
His sentence was given in absentia.
These sentences were issued after Judge Mary Yanzuh found both men guilty at the conclusion of their trial. The charges included membership in banned organizations, namely the WTRF and HSGF, and making contributions to these groups.
Akuaku faced an additional charge for accepting financial contributions from members of the Homeland Study Group Foundation’s Jasikan Branch.
The court justified the harsh sentences, stating that as members of the security service, the defendants should have protected the Ghana Police Service and the country rather than leaking information.
The prosecution argued that based on intelligence gathered by the National Security Council, an operation was conducted to identify and arrest WTRF members.
These members had blocked the highway in Juapong and Sogakope and set fire to two STC vehicles on September 25, 2022.
The prosecution said that during investigations into the activities of the banned organization, the investigation team discovered a WhatsApp group platform with the “SEC ADMI”, a group created by high-ranking members of the organization to discuss security-related issues. .
In addition, the prosecution told the court that further investigation revealed that some members of the group were security personnel, including those charged here.
The prosecution said the now-convicted accused were also found to be members of the two WhatsApp platforms of the Homeland Study Group Foundation (HSGF), namely “Psalm 21” and “HSGF”.
According to the prosecution, Akuaku was arrested on March 7, 2021, and taken to his residence in Adzogekope. During the search of his room, the investigation team discovered eight WTRF membership cards, one of which was issued in his name.
Additionally, they found a notebook containing financial records of members from the Jasikan branch of WTRF, along with a list of executive members titled “Upper Lake-Oti Provincial Executive Committee”.
On the same day, the investigation team proceeded to Dordonu’s residence, where they found a WTRF membership card, a notebook labeled “Funeral Contribution”, and a mobile phone.
Subsequently, the station officer informed Dordonu to appear before the Director of the Intelligence Unit at the CID headquarters. Dordonu complied on April 8, 2021, and was subsequently arrested.
During interrogation, Akuaku admitted to being a member of HSGF. In Dordonu’s case, he acknowledged ownership of the notebook found in his room but denied possession of the WTRF membership card.
The prosecution detailed that according to the notebook labeled “HSGF JAS BRANCH” found inAkuaku’s room,he had made monthly contributions of GH¢10 each for September and October to HSGF.
Furthermore, it was revealed that Akuaku had contributed GH¢150, while Dordonu had contributed GH¢100 to HSGF.
The third accused in the ongoing ambulance trial has testified in the Accra High Court that the former Minister for Health, Kweku Agyemang-Manu, informed him that businessmen aligned with the current government would order their own ambulances to profit from the venture. This came as a response to issues stemming from an initiative started by NDC businessmen, which the former minister referred to as their responsibility to resolve.
Businessman Richard Jakpa testified that Mr. Agyeman Manu said the ambulance case had been taken over by his party’s headquarters. Jakpa indicated that the government ordered new ambulances of the same model, Mercedes Benz Van 311, through a third-party company, as Mercedes does not manufacture ambulances directly. This company converted the vans into ambulances and shipped them to Ghana, where they awaited accessories for a year before being distributed.
Jakpa and Dr. Ato Forson, the current minority leader in parliament, are accused of causing a financial loss of 2.37 million euros through the ambulance purchase. Both have pleaded not guilty. Jakpa described the prosecution’s claims that the ambulances were unfit for purpose as “very mischievous” and aimed at sabotaging the project initiated by the previous government.
Jakpa presented a letter to the court, stating it resolved all issues related to the ambulance project before the new government took power. He emphasized that the current government only needed to implement the provisions outlined in the letter and an addendum to the main contract. Despite showing this letter to Mr. Agyeman Manu, the minister declined to act on it, citing party directives and opting to order new ambulances instead.
An Accra High Court has postponed the proceedings concerning the Human Sexual Rights and Family Values Bill, commonly referred to as the anti-LGBTQ+ bill, until July 29, 2024.
The adjournment occurred following instructions for lawyers representing one of the petitioners, Paul Boama-Sefa, to submit their written arguments within four weeks.
Furthermore, the court is awaiting a response from the Speaker of Parliament, who is the defendant in the case.
In a notable development, the Judiciary Service has granted permission for live media coverage of cases related to the anti-LGBT+ bill.
This decision signifies a significant shift towards transparency, allowing the public to closely monitor these legal proceedings.
Previously, media houses were authorised by the Chief Justice to livestream the hearing of Richard Sky’s injunction application against the passage of the anti-LGBTQ+ bill at the Supreme Court.
Now, with the broader directive from the Judicial Service, all cases associated with the anti-LGBTQ+ bill will be open to media coverage.
Currently, four cases linked to the anti-LGBTQ+ bill have been filed at various levels of the court system.
Two of these cases are scheduled for hearing at the High Court, while the remaining two will be addressed at the Supreme Court.
The Accra High Court has rescheduled Richard Appiah’s case to May 27, 2024.
Mr Appiah, a footballer accused of killing two minors and storing their remains in a refrigerator in Abesim, faced this delay due to the absence of a juror.
Upon calling the case, only six out of seven jury members were present.
The court was informed that the missing juror had corresponded with the Registry of the Court, though the court claimed to be unaware of such communication. Consequently, the court postponed proceedings to finalize the case completion plan.
Appiah, also a draughtsman, maintains his plea of not guilty to two counts of murder before the seven-member jury. He stands accused of murdering Loius Agyemang, his stepbrother, and Stephen Sarpong in Abesim, Bono Region, in 2021.
Presided over by Justice Ruby Aryeetey, the Court has remanded Appiah into lawful custody.
Nana Ama Adinkra, a Senior State Attorney, represents the state, while Faustinus Yirilabuo represents Appiah.
The lawsuit revolved around the ownership of the popular phrase “Killer Cut Blood” used in Obrafour’s Oye Ohene song.
On Thursday, February 15, 2024, GH¢10,000 was awarded to Obrafour and Hammer of The Last Two Music Group, the producers of “Oye Ohene,” as the court dismissed the case citing “inconsistencies and breach of court rules” in Mantse’s writ.
Mantse Aryeequaye had initially filed the lawsuit on January 12, 2024, alleging that Obrafour had registered the phrase in the United States in September 2022 without his consent.
Despite having no previous issues with the use of his “Killer Cut” line in the song, Mantse took legal action after discovering the registration in the US.
The founder of the Chale Wote Festival claimed that Obrafour failed to inform Drake’s handlers, who sought permission to use the “Killer Cut” in a song, that he was not the owner of the work.
Mantse asserted that Obrafour neglected to acknowledge him, the actual owner of the intellectual property, leading to the legal dispute.
“Plaintiff says 1st Defendant received notification from some handlers of Drake, (a foreign musician), requesting the use of Plaintiffs work which they wrongly attributed to 1st Defendant, because they heard it on his song ‘Oye Ohene’. 1st defendant did not inform Drake’s handlers that the 1st Defendant was not the owner of the work, but who used it on his song, (just as Drake is to use it). 1st Defendant did not inform Plaintiff, the actual owner of the work, knowing very well that the part of the song being sought by Drake is wholly the intellectual property of the Plaintiff,” part of the writ read.
A retired Assistant Commissioner of Police (ACP), Dr Benjamin Kwasi Agordzo, who recently obtained acquittal and discharge from treason charges by an Accra High Court, has voiced his expectation of compensation from the State for the turmoil he and his family endured during the five-year legal battle.
In an interview, Dr Agordzo articulated his belief that he and his family deserve restitution for the injustices they faced.
He recounted the harrowing experience of being labeled a coup plotter by the State and the subsequent ordeal of facing trial for allegations he vehemently denied.
“Honestly, I ought to be compensated for all the wrongs done to me and my family,” Dr Agordzo expressed. “I have a wife, children who have shared many tears in silence.”
He vividly described the distressing impact the ordeal had on his family, highlighting the trauma experienced by his children who witnessed his arrest and subsequent legal proceedings. Dr Agordzo emphasized the emotional toll of being separated from his family during the ordeal and the anguish of enduring court appearances and interactions with security agencies over the years.
The retired ACP’s journey through the legal system came to a positive resolution when an Accra High Court acquitted and discharged him of the treason charges brought against him. However, the scars of the ordeal remain, prompting Dr. Agordzo to seek compensation as a form of redress for the injustices inflicted upon him and his family.
As the nation grapples with the aftermath of Dr. Agordzo’s acquittal and his call for compensation, discussions on the need for accountability and justice in legal proceedings are reignited. The case serves as a reminder of the importance of upholding due process and protecting the rights of individuals, even in the face of serious allegations.
The renowned Ghanaian actress, Akua Boateng, made waves as she graced the premises of the Accra High Court adorned in a dignified Lawyer gown.
The video, now circulating widely, captures the star standing confidently in front of the iconic court building, radiating poise and elegance.
Akua Boateng’s impeccable fashion sense was on full display as she confidently showcased her curves in the traditional black and white legal attire.
The forecourt of the Accra High Court served as a glamorous backdrop to her entrance, and the actress seemed to effortlessly blend her celebrity status with the solemnity of the legal environment.
Netizens were quick to share their varied reactions to Akua Boateng’s unexpected legal ensemble.
Some expressed admiration for her ability to seamlessly carry the traditional Lawyer gown while exuding glamour, while others were taken aback by the juxtaposition of the entertainment world and the legal realm.
The actress’s gloomy yet stylish walk on the hallowed grounds of the Accra High Court has sparked discussions about the intersection of celebrity culture and the more serious and formal aspects of society.
Akua Boateng’s bold fashion statement has certainly stirred a mixed bag of reactions, adding a touch of intrigue to the ongoing social media conversation surrounding her unexpected appearance at the legal institution.
Legendary Ghanaian footballer Asamoah Gyan has shifted his attention to the well-being of his children following the successful annulment of his marriage with their mother, Gifty.
Speaking on Asempa FM in response to the Accra High Court’s judgment on October 31, 2023, Asamoah Gyan expressed his primary commitment to responsible parenting.
He also conveyed his contentment with the court’s decision, expressing his satisfaction.
“The reason why we went to court was that I annulled the marriage and my wish has been granted because the things I unravelled were the truth,” he told Asempa FM, as quoted by the Daily Graphic.
He further stated that his children were “the most important thing. I am very, very happy with my life; I am a family man; my children like and love me; and I also love and like all of them, so that is where my focus is.”
Meanwhile, Edwin Kusi Appiah, the legal counsel representing Asamoah Gyan, has revealed the specific statement that prompted Asamoah Gyan to pursue the annulment of his marriage.
During an interview with Kofi TV, Kusi Appiah disclosed that Gyan had been subjected to threats from the spouse of his now-former wife, casting doubts on the paternity of their three children.
The breaking point that led to the discord and the subsequent decision to annul the marriage was an alleged threat by Gifty Oware’s husband. The threat revolved around their eldest child, born in 2005, with the husband disputing Gyan’s paternity.
In response to this statement, Asamoah Gyan gathered evidence and initiated the annulment proceedings.
“Asamoah Gyan married his wife in 2013 but had been with her since 2003. He got information that, prior to marrying her, the lady had married another man. Their marriage had three kids, with the firstborn coming in 2005.
“Asamoah Gyan told me he was threatened by someone who said that the children, particularly the firstborn, were not his and that they belonged to him (the person issuing the threat).
Gyan was indeed the father of the children, and his happiness stemmed from his genuine love for them.
This deep affection for the children was the primary motivationbehind Asamoah Gyan’s decision to pursue legal action.
Lawyer Kusi Appiah also emphasized that Gyan’s love for the children remained unwavering, and he expressed contentment with the court’s ruling.
Renowned Ghanaian footballer, Asamoah Gyan, has shared his thoughts on the recent Accra High Court ruling regarding his prolonged marriage annulment case with his ex-wife, Gifty Gyan, now known as Gifty Oware.
In a Twitter post, Asamoah Gyan suggested that while his ex-wife was granted some of her requests, he also retained possession of some of his properties.
Gyan, in a reply to a post by a blogger, stated, “If I have 10pts and I keep quiet cos I’m matured, and you have 2 pts and you going find public sympathy, then it’s cool. You are very funny. This is deep so think about it”, Gyan tweeted.
On October 31, 2023, an Accra High Court issued a verdict in a lengthy three-year divorce dispute involving former Ghanaian international Asamoah Gyan.
The court ruled to dissolve the marriage, which had been established in 2013, between Gyan and Gifty. Additionally, the court provided instructions concerning the paternity of the three children born to the couple.
Gyan had previously contested his paternity, necessitating a deoxyribonucleic acid (DNA) test, the results of which confirmed his biological relationship with the children.
Dennis Law, wrote of the paternity issue in their report: “Initially, Asamoah Gyan had denied paternity of their three children, seeking an annulment of their marriage. However, the court, in its decision on October 31, 2023, established that the three children are indeed the progeny of Asamoah Gyan.”
In connection with the dissolution of the marriage, further directives pertaining to the support of the children stipulate thatAsamoah Gyan is required to provide a monthly payment of 25,000 Ghana cedis to Gifty Gyan.
“This stipend is allocated for the upbringing and welfare of the three children, excluding expenses such as school fees, medical and dental care, flight tickets, and various other childcare-related costs,” the law firm added.
The Accra High Court will decide on the continuation of asset freezing by the Office of the Special Prosecutor (OSP) for former Minister of Sanitation and Water Resources, Cecilia Dapaah.
The OSP has requested for the court to validate its asset freeze order on Cecilia Dapaah’s properties.
According to a document from the OSP : “Confirmation of the seizure by the Office of the Special Prosecutor of the property of the Respondent upon the grounds contained in the accompanying affidavit and for any further order(s) as the court may deem fit.”
The High Court has scheduled August 17, 2023, for the confirmation or rejection of the OSP’s asset freeze action against Dapaah.
On August 9, 2023, the Office of the Special Prosecutor froze Cecilia Dapaah’s bank accounts and assets containing millions of dollars and cedis.
The OSP has initiated the process to have this administrative freeze officially endorsed by the court, following its powers to administratively freeze accounts.
Confirmation from the court is required to extend the freezing of accounts and assets beyond the initial period.
The case concerning the asset freeze is expected to be heard next week.
In the meantime, reliable sources suggest that substantial amounts of US dollars and Ghana cedis were discovered in various bank accounts of the former minister.
Additionally, funds were retrieved from her residences during a search by the OSP.
Documents obtained from court sources reveal that the OSP has filed a motion to seize the money retrieved from the searches.
Cecilia Dapaah has been under scrutiny after an alleged theft at her residence in Abelemkpe, Accra.
Her domestic staff is accused of stealing over one million dollars and other valuables belonging to her and her husband.
The OSP’s investigation is separate from the police and the Attorney General’s investigations into the matter.
The OSP is focusing on corruption-related offences, while the police and the AG’s office are prosecuting those implicated in stealing funds related to the former minister.
The Musicians Union of Ghana (MUSIGA) elections, originally scheduled for August 8, 2023, has been postponed due to an interlocutory injunction ordered by the Accra High Court.
Two MUSIGA members, Doe Kwablah Seyenam Nyamadi and Frederick Van Dyk, initiated the legal proceeding.
In their petition, they contend that the current leadership of MUSIGA has violated the union’s constitution by failing to furnish comprehensive financial records.
The plaintiffs argue that this lack of financial transparency disqualifies MUSIGA from conducting elections and transferring power to a new executive.
The court concurred with the plaintiffs, leading to the issuance of the interlocutory injunction, effectively halting the elections until a full hearing and resolution of the matter.
This setback poses a significant challenge for MUSIGA, which has encountered obstacles in conducting its elections in recent years, with the last one held in 2014.
The uncertainty arising from the election postponement raises concerns about MUSIGA’s future, leaving uncertainties regarding the timing and feasibility of upcoming elections.
Chairman of the MUSIGA Election Committee, Peter Marfo, expressed regret for any inconveniences caused by the injunction, impacting valued members, potential candidates, and the overall operations of the union.
Accra High Court to deliver judgment in the case of the alleged galamsey kingpin, Aisha Huang on October 12, 2023.
Justice Lydia Osei-Marfo presides, ordering the State to file their written address by September 20, 2023, and the defense team by October 11, 2023.
Prosecutors completed cross-examination of Aisha Huang, who faces charges of illegal mining, facilitating illegal mining, and unlawful re-entry into Ghana after deportation.
Aisha denies all charges and remains in custody.
During cross-examination, Aisha denies engaging anyone for illegal mining and refutes owning concealed passports.
“It is not true that I have engaged anybody to engage in illegal mining on my behalf. I swear, I have not engaged four Chinese nationals to work for me.
“It is not true that I took some Chinese Nationals to Bepotenten in Amansie Central, Ashanti Region, to mine for me. I have never engaged in mining activities.”
Prosecution inquires about alleged marriages; Aisha confirms marrying Anthony Fabian in China in 2009, the union lasted five years.
She denies marrying Daniel Oduro Acheampong.
“I did not contract any marriage with Oduro at Oda in July 2018,” she told the court.
Court adjourns the case to August 16, 2023, for mention, complying with legal requirements for adjournments.
A Nigerian residing in Brazil, Ernest Nnajuiba Ukechukwu, has received a ten-year prison sentence from an Accra High Court on July 13, 2023, for attempting to smuggle 16,568.83 grams of cocaine into Ghana.
The court sentenced him to a minimum of 10 years in hard labor and imposed a fine of ten thousand penalty units, with an additional three (3) years to be served in default. The sentences will run concurrently.
NACOC officials arrested him at Kotoka International Airport’s arrival hall on December 11, 2022, during arrival formalities. His contradictory statements raised suspicion, leading to further luggage checks that exposed the concealed drugs.
Mr. Ukechukwu faced six (6) counts of narcotic offenses related to the unauthorized importation and possession of narcotic drugs. He pleaded guilty to all charges before the Criminal Court Division of the Accra High Court, resulting in his conviction by Her Lordship Mary Ekue Yanzuh.
The Court ordered the exhibit’s destruction, which was promptly carried out by NACOC investigators in the presence of the court Registrar, State prosecutors, and the defense counsel.
NACOC emphasized its commitment to protect the public from illegal narcotics trade and usage, stating that possession, use, and transportation of illicit drugs without lawful authorization remain illegal and punishable under the Narcotics Control Commission Act 2020 (Act 1019).
“The Commission reiterates its commitment to upholding its mandate to protect the public from the trade and usage of illegal narcotics to maintain public safety, hence the facilitation of the sentencing. The possession, use and transportation of illicit drugs without lawful authorization are still illegal and punishable under sections 40 (1) and 41 (1) of the Narcotics Control Commission Act 2020, (Act 1019),” NACOC said in a statement.
In a ruling delivered by the Accra High Court, a shop attendant has been handed a three-year prison sentence with hard labor after being found guilty of embezzling cosmetic products valued at GHC174,640 from the store where he was employed.
According to the Ghanaian Times Newspaper of July 19, 2023, the suspect, identified as Samuel Botchway, pleaded guilty before the court presided over by Madam Kizita Naa Koowa Quarshie.
He admitted to stealing the boxes of cosmetics worth GHC158,640 and four boxes of the same product worth GHC16,000.
The prosecuting officer, Chief Inspector Eric Pobee, in presenting the fact brief named Vida Arhin-Duah as the complainant.
She is a trader and a resident of Ablekuma Joma, in Accra, whilst Botchway, the convict, resided at Bortianor, also in Accra.
Chief Insp. Pobee told the court that Botchway worked with the com¬plainant as a shop assistant and warehouse keeper. The complainant is said to have two warehouses, one at Ablekuma Joma and the other at the Makola Mall building.
The prosecutor told the court that the complainant discovered cosmetic product shortages in both the shop and the warehouse.
The prosecution said the accused was seen counting money in a shop within Okaishie Market belonging to a witness, whose name is given as Latifa Rashid.
On realising that the complainant rushed to the convict to find out what he was doing at the shop at Okaishie.
The witness, Latifa told the complainant that Botchway had been her regular customer, who supplied her with cosmetic products.
According to Chief Insp Pobee, Latifa said the convict had supplied her (witness) with four boxes of gel polish and had come to collect the payment worth GH¢12,800.
The prosecution said Latifa also indicated that between December 2022 and April 2023, the convict had supplied her with a number of cosmetic products, which she paid for.
Chief Insp Pobee said when Botchway was arrested, he admitted the offence in his investigation cautioned statement.
The presiding judge sentenced the accused to six months in prison for stealing cosmetic products worth GHC158,640 and six months in prison for stealing cosmetic products worth GHC16,000. Both sentences must run at the same time.
An Accra High Court has made a significant ruling stating that Rev. Victor Kusi Boateng and Kwabena Adu Gyamfi are operating as separate individuals.
Boateng, who serves as the Secretary and Board of Trustee member of the National Cathedral project, suffered a setback in his ongoing legal disputes with North Tongu MP, Samuel Okudzeto Ablakwa
The court’s ruling relates to a restraining order sought by Boateng to prevent Ablakwa from publishing his personal details and other related documentation, as the lawmaker has accused him of criminal behavior in connection with the Cathedral project.
On July 13, Ablakwa shared portions of the court’s ruling, declaring it a “legal victory for the masses” who have supported transparent and accountable governance through prayers and support.
Regarding Boateng’s dual identity, the court summary stated: “It has been proven that Kwabena Adu Gyamfi and Victor Kusi Boateng are two separate identities concurrently used by the Applicant, and the 1st Respondent’s claims that Victor Kusi Boateng is not an alias but another separate identity altogether are justified.”
“The way the two identities were used does not suggest a simple case of two different names, but rather two independent and totally separate identities to conceal applicant’s dealings in a manner that was not obvious, until the investigations and publications of 1st Respondent.
“Applicant’s assertion that the use of two names in the manner he has done is not a crime under our laws is misconceived, as the two identities were used in a pattern of duplicity depicting a lack of transparency and this conduct borders on criminality.”
Read Ablakwa’s full post below:
The Human Rights Court has today dismissed Rev. Victor Kusi Boateng/Kwabena Adu Gyamfi’s application which sought to restrain me.
The court’s judgment was emphatic that my parliamentary oversight had unraveled two distinct identities in conduct which borders on criminality and therefore the application was dismissed for lack of capacity and locus standi.
The judge awarded cost of GHS10,000.00 against Rev. Victor Kusi Boateng/Kwabena Adu Gyamfi. This is the second time cost has been awarded against Kusi Boateng/Adu Gyamfi.
I dedicate this latest legal victory to the masses who have kept me resolute with their prayers and support for transparent and accountable governance.
I am indebted to my outstanding legal team.
2 down; 1 more to go in his defamation suit.
For God and Country.
Ghana First ????????
Summary of Judgment
It has been proven that Kwabena Adu Gyamfi and Victor Kusi Boateng are two separate identities concurrently used by the Applicant and 1st Respondent is justified in his claims that, Victor Kusi Boateng is not an alias but another separate identity altogether.
The way the two identities were used does not suggest a simple case of two different names, but rather two independent and totally separate identities to conceal applicant’s dealings in a manner that was not obvious, until the investigations and publications of 1st Respondent.
Applicant’s assertion that the use of two names in the manner he has done is not a crime under our laws is misconceived, as the two identities were used in a pattern of duplicity depicting a lack of transparency and this conduct borders on criminality.
The Application was sought to be enforced under Article 33(1) of the 1992 Constitution, which requires an Applicant’s personal interest in the matter to confer locus standi.
From the record, it is not clear which of the two separate identities seeks to enforce its fundamental human rights by this suit. And once there is a clear case of double identity presented and proven before this court, this Application is dismissed for lack of capacity and locus standi.
Costs of GHC10,000 awarded against the Applicant in favour of the 1st Respondent.
A former Managing Director (MD) of Earlbeam Co. Ltd has been formally charged with theft by the Accra High Court. The charges come in response to alleged incidents of misappropriation during the MD’s tenure at the company.
He is facing allegations of embezzling £2,400.00 and GH¢60,000 from the company, according to sources.
According to a Newspaper Report by the Chronicle dated July 13, 2023, the accused committed the crime as a retaliation for his dismissal by the company.
The accused whose name is given as Alfred Danso Darkwa, 39 years old was arraigned before the Accra High Court on two counts of stealing, but failed to appear in court on Monday, July 10, 2023.
The brief fact as presented to the court named Micheal Danso Darkwah an Operational Manager of the company as the complainant and Alfred Dankwa who is the former MD of the company but is now a Businessman and lives at Cantonments in Accra as the accused.
The company in the case; Earlbeam Company Limited is headquartered in Dzorwulu, Accra.
According to the brief, on June 9, 2023, the company, through its Board Chairman, wrote a letter to terminate the appointment of then Managing Director, Alfred Danso Darkwa. However, the accused objected to his appointment being terminated and took the case to a civil court, where it is still pending.
Despite the ongoing court case, on June 14, 2023, the accused went to the company and forcefully collected cash in the sum of £ 2,400 from one of the clients through its accountant. Similarly, on June 20, 2023, the accused again went to a restaurant owned by the company, changed the Point of Sale (POS) system, and used the new system to receive GH¢60,00 from clients of the company.
A report was made to the police and the accused was apprehended. The accused, Alfred, admitted to collecting the stated amount from the company. However, he said they were monies owed to him by the company.
The police after investigation, charged him with the offences accordingly.
The court presided over by His Honour Samuel Bright Acquah issued a bench warrant for the re-arrest of the accused and adjourned the case to July 31, 2023.
The Court of Appeal has overturned the ruling of the Accra High Court to conduct a fresh trial for Dr. Stephen Kwabena Opuni and Seidu Agongo.
The three-member panel unanimously concluded that the trial court made an error in disregarding the previous proceedings when a new judge took over the case.
Adopt the records
The Court of Appeal, led by Justice Philip Bright Mensah, alongside Justices Jennifer Dadzie and Dr. Ernest Owusu-Dapaa, ruled in favor of the Attorney-General’s appeal.
They ordered the High Court to continue the trial from where it left off, adopting the records of the previous trial.
Trial
Dr. Opuni and Agongo, the CEO of Agricult Ghana Limited, were taken to court in March 2018 on allegations of causing a financial loss to the state through transactions involving Lithovit Foliar fertilizer.
The state prosecutors claim that the fertilizers were of substandard quality, leading to a loss of over GH¢271 million. Agongo is further accused of using fraudulent methods to sell the fertilizer to COCOBOD for distribution to cocoa farmers.
New judge
Following five years of trial, Justice Clemence Honyenuga, a Justice of the Supreme Court with additional responsibilities as a High Court judge, retired in March 2023. As a result, a new judge, Justice Kwasi Anokye Gyimah, was appointed by the Chief Justice to preside over the case.
The prosecution subsequently filed an application requesting the High Court to adopt the previous proceedings of the case under Justice Honyenuga. However, in a ruling on April 4, 2024, Justice Gyimah determined that starting the trial afresh would be fairer due to the numerous allegations surrounding the proceedings under Justice Honyenuga.
Appeal
The A-G then filed an appeal at the Court of Appeal challenging the decision of the High Court to start the trial afresh, with a case that the decision was against the tenets of fair trial.
It is the case of the A-G that Justice Gyimah misdirected himself by the manner in which he refused to adopt the evidence already adduced at the trial.
An Accra High Court has granted approval for an out-of-court settlement in a defamation case involving Ghanaian dancehall artist Charles Nii Armah Mensah, popularly known as Shatta Wale, and his former manager Lawrence Asiamah, also known as Bullgod.
On June 27, 2023, the legal representatives of both parties submitted the terms of the settlement to the High Court.
During the previous hearing, Shatta Wale’s counsel requested a two-week adjournment to present the settlement terms, a request which Justice Joseph Agyemang Adu Owusu, the trial judge, granted.
During the recent court proceedings, Bulldog’s lawyer, Dr. Justice Srem Sai, informed the court about the filing of the settlement terms and expressed satisfaction that an agreement had finally been reached. Bulldog’s lawyer requested the court to adopt the terms of settlement.
However, the trial judge mentioned that he had not yet received the filed settlement terms.
A representative of Shatta Wale presented a copy of the filed document to the court, and the judge asked the representative to verify the authenticity of Shatta Wale’s signature. Once the representative confirmed the signature, the court adopted the terms of settlement.
The court ruled that the terms of settlement filed on June 27, 2023, would be adopted as a consent judgment, indicating that both parties had reached an agreement and resolved the case.
The defamation case originated from a Facebook post made by Shatta Wale on November 22, 2022, in which he implicated Bullgod in the murder of Fennec Okyere, a music manager. Fennec Okyere tragically lost his life at his residence in March 2014, and Bullgod had been arrested and charged in connection with the incident. However, he was later acquitted by the court due to insufficient evidence.
Bullgod filed a defamation lawsuit against Shatta Wale, alleging that the post was made with malicious intent. In his suit, Bullgod requested a perpetual injunction restraining Shatta Wale and also sought a retraction and apology. During the court proceedings, both parties mutually agreed to pursue an out-of-court settlement, which was accepted by the court.
The Accra High Court has postponed the hearing of the application for a stay of proceedings filed by James Gyakye Quayson, the elected Member of Parliament for Assin North. The new date for the hearing has been set for July 4, 2023.
The trial, presided over by Justice Mary Yanzuh, indicates that the High Court has not been furnished with the necessary documents to allow a stay of proceedings, hence an adjournment.
The MP-elect for Assin North constituency, James Gyakye Quayson, has filed an appeal in the Court of Appeal, Criminal Division, challenging the daily trial order made by High Court judge Justice Mary Maame Ekue Yanzuh.
To ensure that MP-elect Gyakye Quayson gets a fair trial in the criminal case he is facing, his lawyers have also filed an application for a Stay of Proceedings pending the determination of his appeal on grounds of several errors of law committed by the trial judge that breached Quayson’s right to a fair trial.
Interacting with the media after today’s proceedings, Sammy Gyamfi, a member of Gyakye’s Quayson’s legal team, said that the counsel for the accused needs to thoroughly question and examine witnesses; hence, it is unfair to do this daily and at certain times too.
“Lawyers for the accused need ample time to cross-examine the first witness, and it is totally unacceptable for Her Ladyship to say that cross-examination should be done on a daily basis and should be restricted to certain limited time periods; we don’t think that affords the accused a fair hearing, and that is why we are raising all these issues,” Sammy Gyamfi said.
“Lawyers for Quayson are trying to avoid a kangaroo trial, a situation where things are hurried at the expense of the constitutionally guaranteed rights of accused persons that lawyers for Quayson are trying to avoid, for which reason they have filed this appeal challenging the ruling of the trial judge and pending the determination of this matter, have filed the stay of proceedings, and we are looking forward to having the opportunity on the 4th of July to move the application formally, and it is our hope that the judge will do the right thing and abide the determination of the appeal before proceeding with this matter,” he added.
Meanwhile, James Gyakye Quayson emerged victorious in the Assin North by-election despite his ongoing trial.
According to the Electoral Commission’s announcement, James Gyakye Quayson garnered a total of 17,245 votes, representing 57.56% of the total votes cast, and is to be sworn in on Thursday, June 29, 2023.
An Accra High Court judge has declared that James Gyakye Quayson’s perjury and forgery trial will be conducted on a daily basis starting from July 4, 2023.
The court presided by Justice Mary Yanzuh had earlier ruled that the perjury and forgery trial involving Mr Gyakye Quayson will proceed on a day-to-day basis, starting from Tuesday, June 20, 2023.
Subsequently, the High Court set June 23 to rule on whether the trial of James Gyakye Quayson should be put on hold after the legal counsel of Mr Quayson led by Lawyer Tsatsu Tsikata filed processes urging the court to review its decision to hear the case on a daily basis. It then adjourned sitting to June 23.
In court today, the court after hearing the argument of Mr Quayson’s lawyers decided to begin the trail from July 4.
The court however affirmed that its previous order to hear the case on a daily basis, which was announced on June 16, was legally sound and no grounds for a review had been presented.
“Adjournments are at the discretion of the court and not the convenience of parties. The order of this court was clearly in line with the law.
“No where was it demonstrated that the order was contrary to law.
“His rights have not violated by court for refusing not to give him time to campaign.
“Mere refusal of the court does not constitute denial of right to fair trial,” the judge stated.
July 4, per reports, was selected due to the unavailability of the specific court room on Mondays, the June 27 by-election and the upcoming Holiday and Martyrs’ day.
Deputy Attorney General Diana Asonaba Dapaah, according to JoyNews, said the decision of the court is consistent with time tested principles of law.
“It sits with what we have always said that it is up to the court to decide the dates for hearing and not at the convenience of an accused person,” she stated.
However, a member of Mr. Quayson’s legal team, Baba Jamal, was elated by the court’s decision which he said will afford his client prepare adequately for the Assin North by-election slated for June 27.
“We don’t have any issues with day to day after the polls. We needed time to campaign. Even though our application has been dismissed, we are satisfied.”
The High Court has set June 23 to rule on whether the trial of James Gyakye Quayson, the National Democratic Congress’ Parliamentary candidate for Assin North constituency should be put on hold.
Today, the court sat for the hearing of the application to vary the High Court’s order to sit on a daily basis for James Gyakye Quayson’s case which involves allegations of forgery and perjury related to certain offenses ahead of the 2020 Assin North parliamentary election.
On Tuesday, the legal counsel of Mr Quayson led by Lawyer Tsatsu Tsikata filed processes urging the court to review its decision to hear the case on a daily basis.
Lawyer Tsikata prayed the court to adjourn proceedings to June 28 to provide his client ample time to campaign for the Assin North by-election slated for June 27.
But Deputy Attorney General Alfred Tuah Yeboah informed the court his office had not been served with the court processes thus requested that the trial continues and the arguments against the day-to-day hearing be dealt with on Wednesday.
He also resubmitted concerns raised by the Attorney-General, Godfred Dame with regards to the need for an assiduous trial as Mr Quayson had not been assigned any national duties.
Lawyer Tsikata then pointed out that “there is actually proof of service on the docket.”
The matters that are the subject matters of the motion, logically precede the continuation of the trial. We were referring to the extraneous, prejudicial and unjustified and insulting remarks that were made by the Attorney General in seeking an application for a day-to-day hearing.
“And that was after my learned friend had made it clear, that the accused person is in fact a parliamentary candidate for an election that has been fixed for the 27th of June.” Mr Tsikata stated.
After hearing both parties, the judge stayed proceedings for Tuesday and adjourned the hearing of the motion.
In court today, the judge also ruled to grant permission to Mr James Gyakye Quayson to be absent from the next adjourned date.
Minister for Defence, Dominic Nitiwul and the Chief of Defence Staff (CDS) of the Ghana Armed Forces, (GAF) Vice Admiral Seth Amoama have escaped sentencing after they were convicted for Contempt by the High Court in Accra.
After being found guilty for Contempt, convicted and a date fixed for sentencing, the Minister and the CDS through the Attorney General Godfred Yeboah Dame filed a motion to have the conviction and the entire proceedings set aside.
This was after the Attorney General had raised jurisdictional concerns and the fact that the Respondents were not personally served with the Contempt Application.
Jonathan Obodai Sai, an Estate Developer filed an application for Contempt against the Minister and the CDS after the High Court had entered judgment in his favour on November 1, 2018.
Despite having judgement in his favour, he contended that, the military was still interfering with the portions of the land that the court judgement covered against the minister, the CDS and the Attorney General.
As a result, he initiated a Contempt application against the Minister and CDS which succeeded with the Respondents (Minister and CDS) convicted for Contempt.
With the matter coming to the attention of the Attorney General when a court had fixed a date for sentencing, an application to have the conviction and the entire contempt proceedings set aside was moved.
Counsel for the Applicant (Respondent) led by Lwayer Charles Amon Kotei, opposed to the application and urged the court to dismiss the application.
The High Court in Accra presided over by Justice Nabeela Naeema Wahab after listening to the parties said when a matter of jurisdiction succeed, the court cannot proceed with its sentencing.
The court said it renders the entire proceedings a nullity before setting aside its conviction and entire contempt proceedings.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, who was in court reports that a cost of GHc1,000 was awarded against Jonathan Obodai Sai, the Applicant.
AG’s argument
In Court on Tuesday, June 13, 2023, while moving the application for the Court to set aside the conviction and the entire Contempt proceeding against the convicted Respondents, the Attorney General (AG) Godfred Yeboah Dame said, the basis of the application are that the Respondents (applicants) became aware of the conviction after “I the Attorney General had indicated to them the fact of the pendency of the instant application, the conviction and the adjournment for sentencing.”
This according to the AG, was because, the proceedings were conducted on behalf of the Respondents by the Legal Department of the Ghana Armed Forces, who assumed responsibility without bringing it down to the personal notice of the persons involved.
Godfred Dame while advancing his argument said a consory examination of the motion for committal for Contempt, will show that there were no proper Respondents named in the application.
“The application clearly was titled the Minister for Defence and Chief of Defence Staff and the application was brought in the official capacity of the Respondents,” Godfred Dame pointed out.
He said, “It is trite learning that application for Contempt is personal and each of the act complained of must have been committed personally by specified persons named in the affidavit.”
No legal effect
It was the case of the AG that, “where no named person had been specified as Respondent to the application, the indication is that, there was no proper person clearly named as a Respondent to the application.”
The AG contended that, “the ultimate result is that the application is a nullity, void and of no legal effect and the court has no power to punish where no person had been named as the Respondent.”
Godfred Dame argued that, Contempt is quasi criminal and being quasi criminal it must be prosecuted in the same manner as a criminal action.
He added that, “even if a public officer had committed an act and is to be committed for contempt, you can’t charge the office and the said public office cannot be named.”
The AG argued further that, the charge is brought against the specific public officer to be charged personally, because the holder of public office can change anytime.
“The implications would be that, a subsequent change in the holder of the Public Office will render any person who subsequently occupies that Public Office liable for the Contempt in this manner,” the AG argued.
CDS now, not CDS then
It was the contention of the Attorney General, that, “at the material time the alleged Contempt of Court was committed, the 2nd Respondent (CDS) was not even Chief of Defence Staff.
The AG said, he was appointed in 2022 after the said alleged contempt act was committed.
While pointing to certain paragraphs in the Respondents affidavits in support, the AG said, the court will note that all the matters constituting Contempt of Court were committed between December 2018 and May 2020.
“All the various act impeding the judgement had taken place when the 2nd Respondent (CDS) was not in office.
*In terms of Contempt, the specific officer whose action is the subject of the complaint of the Contempt have to be personally named as a Respondent to the Contempt application and not his office,” the AG argued.
GAF not a corporate entity
“It matters not that, the act complaint about were allegedly committed by a corporate entity and indeed in this situation the Ghana Armed Forces (GAF) is not even a corporate entity,” he stated.
He said, GAF is “not a legal entity on it own capable of suing and being sued.”
“If one has a complaint against the GAF, the cause of action would be against the Attorney General and not the Ghana Armed Forces because the armed forces are part of government of Ghana,” he explained.
He said, even in the case of a corporate entity where a Contempt is alleged , the directors of the entity must be specifically named as Respondents in the Contempt application and (the said) act committed by each of them specified.
“While the corporate entity itself would be liable for Contempt, it would not be legally competent or sufficient for the office of the managing Director or another office Director to be cited for Contempt.
“The individual directors must be named personally and personal liability shown against each of them,” he argued.
Montie 3
The AG while citing authorities made reference to ‘The Repubilc vs Abu Ramadan and Nimako no.4 against the Electoral Commission and the Attorney General’ where apart from the contemnors, individual owners of Montie 3 were also handed punishment.
To buttress his argument, the AG said, for a Contempt application against corporate bodies to be liable, individual directors have to be named otherwise, no case had been made.
“If a Contempt application is treated the same as criminal proceedings, then it goes without saying that a Contempt application brought against a public officer in his official capacity as a minister cannot hold,” the AG argued.
Conditions precedent
Mr Godfred Dame further argued that, the Contempt application was deployed as one of the means of enforcing the obedience to the judgement of the High Court
He said, the rules of the court had stated clearly in a situation where a Contempt application is being deployed in enforcing a judgment of the High Court and where such an application has to commence.
“In conditions precedent for invoking Contempt as a means for enforcing obedience and judgement of this court dated November 1, 2018, were never complied with by the applicant (Respondent) herein,” he argued.
He said per Order 43(1) CI47, the court will note that the commitment for Contempt had been specified for immovable properties and the conditions in evoking Contempt is that applicant was complaining about his denial to enter into the property.
To this, he said one of the reliefs in the committal for Contempt is that, the person in possession may be served personally and the person has to show that the person has personal knowledge
Incompetent application
While describing the Contempt application as “incompetent,” the AG said it was of no legal effect because the condition precedent was to satisfy Order 43.
He said the application was null, void and of no legal effect and prayed for “the entire conviction and Contempt proceeding be set aside.”
Opposition
Counsel for the Applicant (Respondent), Charles Amon Kotei, opposed to the application for the court to set aside the Contempt, the conviction and the entire proceedings.
“We opposed the instance application which has been canvases on behalf of the Respondents (Minister and CDS) and that the application ought to have been brought against them personally.
Counsel said, all offices are occupied by personalities and the said personalities hold the office in a period of time.
According to him, if the application for committal for Contempt filed against the Respondents and have been served on them and being it their matter personally, they can engage personal counsel to defence them in court.
He contended that, the affidavit in opposition for Contempt was filed by a competent lawyer at the BAR on behalf of the Respondents.
Counsel said, the depositions in the affidavit in opposition was also sworn to by a competent member of the BAR.
He said, “the learned trial judge ordered that parties to file written submissions in the matter and again a lawyer who has always represented the Respondents file written submissions on their behalf.”
Lawyer Kotei said, it had been deposed to in their affidavit in support of the application that the Respondent were not aware of the application for Contempt and that because aware on May 19, 2023.
“It is our case that a lawyer of good standing at the BAR knowing the consequences of acting without instructions will not proceed to act on behalf of the Respondents when he had no instructions from them,” Counsel argued.
No merit
Counsel said, “The application that was filed before this honorable court for committal for Contempt was argued on its merit and the court delivered its decision against the Respondents.
“It is our case that if the Respondents are dissatisfied with the decision of the court, they can always appeal against the said decision and not to bring the instance application,” counsel argued.
“It is also our case that the grounds canvassed will not go to jurisdictions to annul the conviction of Contempt proceedings that took place before this court and when one look at the substance and not the form, the court did not erred in convicting the Respondents.
Counsel subsequently prayed that the instance application is of “no merit and same out to be dismissed.”
By Court
The High Court (Land Court 9) presided over by Justice Nabeela Naeema Wahab, after listening to the application filed by the 1st and 2nd Respondents on June 5 and the affidavit in opposition from Lawyers of Jonathan Obodai Said, the court set aside the conviction and the entire Contempt proceedings.
While referring to the Supreme Court decisions, the court said jurisdiction is so fundamental that it’s absence in a court renders the court proceedings a nulity
“The court considers therefore that even though the Contempt proceedings have already been heard and a ruling delivered, the proceedings against the parties not personally named as party deprived the court the jurisdiction to consider the sentence,” the judge held.
“A judgment or order given or made without jurisdiction is void and the court is under a legal obligation to set same aside or an application for the parties affected.
Justice Wahab held that, no judicial discretion arises here,” in situations where jurisdiction is raised.
To this end, the court ruled that the “Contempt proceedings and the conviction of the Respondents (applicants) are therefore set aside.”
Executive Secretary of the Public Servants Housing Loans Scheme, Dr Richard Asante Yeboah, has been sued by a chief who is also a businessman over nonpayment of a loan of GHS 350,000 he contracted from him.
According to the plaintiff’s amended statement of claim, Dr Richard Asante Yeboah approached the Chief on January 7, 2022, requesting an amount of GHS 400,000.
He promised to repay the loan within a short period of time. The chief advanced the requested amount to the defendant but alleges that he has shown no commitment to repay the money.
Despite months of pressure and repeated demands for repayment, the defendant has provided varying excuses for the delay in payment, with his reasons and stories changing each time. In October 2022, the defendant made a partial payment of GHS 50,000 to the chief.
The plaintiff is seeking a court order to compel the Executive Secretary of the Public Servants Housing Loans Scheme to repay the outstanding amount of GHS 350,000 with interest at the prevailing commercial borrowing rate from January 2022 until the final date of repayment.
Additionally, the plaintiff is demanding damages, costs of the suit, including legal fees, and any other orders deemed fit by the court.
Gregory Afoko’s bail application to an Accra High Court hearing the murder case of Adams Mahama has been thrown out.
Afoko, a farmer, who has been in custody for the past eight is one of two individuals held in connection with the death of Adams Mahama, the New Patriotic Party’s Upper East Regional Chairman.
In April, a hung jury resulted in a 4:3 not guilty verdict for Afoko on charges of conspiracy and murder, leading to a retrial ordered by Justice Afua Merley Wood, a Justice of the Court of Appeal.
Afoko’s counsel, Stephen Sowah Charway, applied for bail, which was opposed by State Prosecutor Dorm Esi Fiadzo.
Justice Louise Simmons, presiding over the court, ruled that there had not been an unreasonable delay in Afoko’s retrial. It was acknowledged by both the prosecution and the defense that two separate trials had taken place within the eight-year period.
Justice Simmons further stated that since the second trial ended on April 27, 2023, there had only been a month of inactivity, attributed to the prosecution awaiting the case to be assigned by the Chief Justice.
The court emphasized that the decision to grant bail rests with the judge. Ultimately, the application for bail was refused and dismissed.
During the proceedings, Afoko was absent as he is currently on remand at the Nsawam Prison.
Afoko’s counsel argued that his continued detention was unjustifiable and unconstitutional. They highlighted Afoko’s lack of rebellious behavior and absence of prior convictions.
Counsel emphasized Afoko’s constitutional right to bail and assured the court that he was prepared to fulfill all bail conditions and comply with the retrial order.
The prosecution countered by stating that Afoko had been unable to fulfill his bail conditions in 2019, leading to his continued custody.
The State Prosecutor stressed that although Afoko was presumed innocent, he remained in custody until acquitted by a jury. She asserted that there had been no unreasonable delay in the case, considering the first trial was disrupted due to the arrest of the second accused.
The prosecution also assured the court of their readiness for the retrial, with witnesses prepared to testify promptly once assigned by the Chief Justice. They expressed concerns that granting bail could result in Afoko absconding and potentially obstructing the pursuit of justice.
Meanwhile, Asabke Alangdi, the second accused who was found guilty of conspiracy to commit murder and sentenced to death, has filed an appeal at the Court of Appeal challenging his conviction and sentence.
An Accra High Court has directed investigative journalist Anas Aremeyaw Anasto appear before the chamber without a mask in his criminal charges against former President of the Ghana Football Association, Kwesi Nyantakyi.
Anas, who has been extremely reluctant to appear in court without his mask, will now have to remove his mask before he can testify in Chambers.
This comes after the Supreme Court quashed an earlier ruling by a lower court giving permission for Anas to testify in camera.
The journalist, whose investigation led to Nyantakyi resigning from several football posts, claimed his life would be in danger if he testifies in court.
The order of the High Court 2, Criminal Division granted permission to Anas Aremeyaw Anas to testify on camera in the case against Kwesi Nyantakyi.
In June 2018, the former member of Fifa’s executive council was filmed taking $65,000 in cash from an undercover reporter in a film captured by journalist Anas Aremeyaw Anas which was aired by BBC Africa’s investigations unit, Africa Eye.
Nyantakyi was pictured placing the “shopping money” into a black plastic bag from an undercover reporter pretending to be a businessman keen to invest in Ghanaian football.
He later agreed to what he believed to be a sponsorship deal for the Ghana FA, which he had presided over since 2005. The bogus deal, invented by the reporters, would have enabled millions of dollars in commission to be paid to a company controlled by him.
This cost him his positions as FIFA Council Member and 1st Vice President of CAF.
An Accra High Court has ordered for the demolition of a set of apartments and a glass factory owned by investigative journalist, Anas Aremeyaw Anas at Tse-Ado in Accra.
This is after Justice Kwame Gyamfi Osei, who presided over a land dispute case between the journalist and one Adolf Tetteh Adjei ruled that the former illegally built on the piece of land at Tse-Ado.
Anas in 2017 went ahead with his construction on a 2 acre disputed land despite a court order urging him to put the project on hold until the land dispute is resolved.
After examining the evidence provided by Adolf Tetteh Adjei, the court found the journalist guilty of trespassing and illegally restricting its owner of use by “using police and land guards”, an awarded the plaintiff GHS100,000 which is to be used to cover the cost of demolition.
Following the court ruling, Anas Aremeyaw Anas is said to have made several attempts to negotiate with the land owner and pay for the full cost of the land. However, Adolf Tetteh Adjei is said to have refused the request.
What transpired in court
The land owner, the said Adolf Tetteh said the disputed parcel of land is covered by Land Title Certificate No. GA. 464555 and dated 26 February 2015 and added a copy of the Title Certificate and the indenture covering the land to the court.
Adolf Tetteh informed the court his Sub-lessor has also always been in effective possession of the land and had registered it in 2007 under Land Title
Certificate No. GA26393. The Sub-lessor also acquired the land with Title Certificate No. GA 19310 with photocopies of the said Land Title
Certificate No. GA 19310 and Land Title Certificate No. GA 25462 all presented in court.
Adolf Tetteh said Anas Aremeyaw Anas’ claim of customary grant of the land to him by a certain Ga family was “a merely a ploy to deceive the court”.
The Plaintiff told the court that Anas showed up one day and “caused a signpost to be erected on the land with the inscription “Tiger Eye Property. Keep off” and also employed the services of land guards to purportedly provide security for his unlawful construction works.”
Former President,John Dramani Mahama has made his first public statement after emerging flagbearer at the just ended National Democratic Congress’ (NDC) presidential and parliamentary elections.
In a landslide victory, the former president polled 297,603 (98.9%) against his contender Kojo Bonsu who polled 3,181 (1.1%) in the election held on Saturday, May 13, 2023.
The Electoral Commission’s returning officer made the declaration in the wee hours of May 14, 2023.
In his speech, he said he was humbled by the vote of confidence and described the outcome as a victory for the NDC as a whole.
He thanked God for a campaign that was largely incident free as he crisscrossed the country to canvass for votes.
He reserved thanks for constituency executives for their support during his trips across the country.
He also thanked the three contenders in the race, Dr. Kwabena Dufuor, who withdrew at the last minute and Kojo Bonsu who was his only challenger.
Mahama reminded the party that their eyes must be on the ultimate prize which is to win political power come 2024.
John Dramani Mahama became president of Ghana ahead of the 2012 general election after succeeding his boss, John Evans Atta Mills following his demise.
The NDC later put John Mahama up as its presidential candidate in the 2012 presidential election where he clinched victory from his closest contender, Nana Addo Dankwa Akufo-Addo of the New Patriotic Party.
John Mahama in 2016 lost power to Nana Akufo-Addo and subsequently failed to recapture power in 2020 when he was elected flagbearer of the NDC.
Ahead of the 2023 presidential primaries, John Mahama enjoyed wide endorsement within the NDC and was presumed the party’s flagbearer in waiting.
Ahead of the election, Dr Duffuor who is a former finance minister under the erstwhile NDC administration led by John Evans Atta Mills, had sought an interlocutory injunction against the party from going ahead with the election.
At the hearing of his application inAccra High Court barely 24 hours before the election, Dr Duffuor’s lawyers informed the court that they had been instructed by their client to withdraw the application.
Later at a press conference on Friday, Dr Duffuor announced his resignation from the flagbearership contest.
Former Finance Minister, Dr Kwabena Duffuor, has said that the National Democratic Congress (NDC) is not prepared to hold free and fair primaries election on Saturday.
Speaking at a press conference on Friday evening,Dr Duffuorstated that although the party had promised to address his concerns and the discrepancies with the voters register at a meeting with the Council of Elders, they are yet to do so.
He stated that the party leadership had promised to involve the technical team of all candidates in the flagbearership race to address the issues after he withdrew the suit filed against it.
However, Dr Duffuor noted that “Despite the assurances given to myself and my team by the Chairman of the Party, the executives of the party, in an act of complete and unacceptable breach of faith, went ahead to convene a press conference announcing that the elections would go ahead tomorrow, without having resolved the concerns surrounding the voters register as decided at the meeting of the Council of Elders.”
He said that the party has begun distributing the ballot papers to the various regions and constituencies without his team’s involvement ahead of the elections on Saturday.
This, he stated, contributed to his decision to withdraw from the elections, adding that he cannot compete when the party’s election preparations concerning the register is saddled with flaws.
“My concerns that the party is not ready to conduct a free and fair election is evident for all to see. Taking part in such would be akin to knowingly drinking from a poisoned calabash. I cannot contest in an election which is blatantly fraught with irregularities regardless of all my efforts to draw attention to same.”
Dr Duffour thanked his supporters assuring them that despite his decision he will continue to connect with the grassroots for the betterment of the party.
The former Finance Minister formally withdrew from the National Democratic Congress’ upcoming flagbearership contest on May 12.
His decision came after he withdrew the suit against the party filed on May 9, following what he says are some discrepancies his team has identified in the party’s voters’ register to be used for the exercise.
Subsequently, an Accra High Court, on Monday, struck out Dr Duffour’s injunction after his lawyers withdrew the case.
Three of the four public officials who were accused by the Office of the Special Prosecutor (OSP) for failing to register their assets have been released by an Accra High Court.
This came about when they neglected to turn in the OSP-provided asset disclosure forms.
The OSP had notified the court that it had submitted a nolle prose qui stating that it had no grounds to continue prosecuting the three policemen.
The officers are Senior Custom officials John Abban and Peter Archibald Hyde, both of whom work as Civil Servants in the Office of the Vice President of the Republic.
Mr Issah Siedu, another public servant, who was also accused, was however not discharged.
Meanwhile, Issah Seidu has sued the Ghana Revenue Authority (GRA), Customs Division, one Alex Takyi, a businessman and others over 10 containers of rice believed to have been imported from Vietnam of which the businessman claims it was from Thailand.
The matter is currently pending at Accra High Court in relation to the ownership of the rice.
The OSP contended that it would amend Seidu’s charges pending further investigation by the office.
The OSP earlier held that it was fulfilling its mandate by going after public officials who may be breaching the law as established.
However, after much publicity by the OSP’s office, it came to light that on January 6, 2023, Mr Keck Osei had submitted his forms to the OSP before he was charged on February 9, 2023.
In the case of Mr Hyde, on the day he was charged, he had earlier in the morning proceeded to the OSP to present his forms, but he was asked by the office to go and come back in the afternoon, only to be given a criminal summons when he returned to that office.
The two others, namely Mr Seidu and Mr Abban, submitted their forms later.
An Accra High Court, following a hung jury, has granted Gregory Afoko a fresh trial over the murder of Alhaji Adams Mahama, a former Upper East Regional Chairman of the New Patriotic Party (NPP).
The case has been ongoing for eight years as the former NPP chair died in 2015 in a tragic acid incident.
The decision to begin a whole new trial was taken on Thursday, April 27, 2023. The jury returned a 4:3 verdict over the charges of murder and conspiracy to commit murder.
Meanwhile, the co-accused, Asabke Alangdi was found guilty for conspiracy to commit murder and has been sentenced to death.
The decision was taken by the court unanimously. However, the lawyers of the suspect are ready to file an appeal.
In 2022, the High Court ordered the suspects to open their defence but the lawyers of Gregory Afoko and Asabke Alangde filed a notice of appeal to challenge the order.
On June 14, 2022, State Prosecutors closed their case after parading 16 witnesses, but lawyers of the accused persons filed a submission of no case to answer on the grounds that, the testimonies of the prosecution witnesses have not established a prima facie evidence against them.
Investigative journalist Anas Aremeyaw Anashas been informed by the Accra High Court that his tactics are not those of investigative journalism but rather “investigative terrorism.”
This emerged after the court dismissed a GHC25 million defamation lawsuit the journalist had filed against Kennedy Agyapong, the MP for Assin Central.
According to a report by asaaseradio.com, the judge, Justice Eric Baah, ruled that the MP was justified to refer to Anas as “a blackmailer, corrupt, an extortionist, and evil.”
He added that “I find claims by the plaintiff (Anas Aremeyaw Anas) meritless and they are hereby dismissed.”
Background
Sometime in 2018, the ace international investigative journalist, Anas Aremeyaw Anas dragged the Member of Parliament (MP) for Assin Central, Mr Kennedy Ohene Agyapong, to court for defaming him.
Anas was asking the High Court to award aggravated damages to the tune of GH¢25 million arising from defamatory materials published by the MP.
He said the MP had been publishing materials in his bid to discredit him after releasing an explosive piece on the rot in Ghana football.
Displeased with the MP’s actions, Anas, through his lawyer, Mr Kissi Agyebeng, sued Mr Agyapong for the award of general damages for defamation in the defendant’s publications.
A journalist, Mr Listowell Yesu Bukarson, has been granted the lawful attorney to stand in for Anas.
Publications
The publication complained of are May 29, 2018, live programme in Twi on Adom TV, where Mr Agyapong categorically stated that Anas was a blackmailer, corrupt, an extortionist and evil.
According to the statement of claim, the defendant, in a similar manner, published defamatory words on May 31, 2018, via Oman FM, a private radio station owned by the defendant.
The statement of claim also stated that the defendant published more defamatory materials against the plaintiff via other platforms to the extent of releasing pictures purported to be those of the investigative journalist in his bid to blow the latter’s cover.
Kennedy Agyapong, the member of parliament for Assin Central in the Central Region, has honoured Kwesi Nyantakyi, the former president of the Ghana Football Association, by dedicating his victory in the defamation lawsuit against investigative journalist Anas Aremeyaw Anas.
The Accra High Court ordered the investigative journalist to pay Kennedy Agyapong 50,000 as compensation instead of upholding Anas’ 25 million Ghana cedi defamation lawsuit.
Kennedy Agyapong said in a statement following the court’s decision that his victory was in honour of the former GFA president who was degraded in the documentary.
Kennedy Agyapong declined the 50,000 that had been given to him by the court and admonished Anas to be careful what he did.
“All I will say is the victory is especially for Kwesi Nyantakyi and this gentleman. What they have gone through in Anas’s humiliation in this country, nobody should go through that,” Kennedy Agyapong told the press.
He added, “I will tell you today, the ¢50,000 I don’t need it, I will give it to him but he should live with his conscience.”
Anas in 2018 sued the New Patriotic Party lawmaker for allegedly defaming him after the release of his famous Number 12 documentary which sort to uncover the rot in Ghana Football.
The popular investigative journalist asked the court to award ¢25 million toKennedy Agyapong for defaming him in his ‘Who watches the watchman’ counter documentary.
However, ruling over the case in court on Wednesday, March 15, 2023, Justice Eric Baah stated that Anas Aremeyaw Anas failed to prove he was defamed by the lawmaker.
The GHC25 million defamation lawsuit brought by renowned investigative journalist Anas Aremeyaw Anas against Kennedy Agyapong, the MP for Assin Central in the Central Region, has been dismissed by theAccra High Court.
Anas, in 2018, dragged the lawmaker to court for allegedly defaming him. In his application, Anas prayed to the court to award aggravated damages of GHC25 million to compensate for the defamatory material published against him by the MP.
In court
In a lengthy ruling delivered today Wednesday 15 March 2023, Justice Eric Baah held that the plaintiff [Anas Aremeyaw Anas] failed to prove that Ken Agyapong defamed him by airing the documentary – “Who watches the watchman” – but rather, the documentary exposed shady deals that Anas and his associates were involved in.
The court further held that Agyapong provided sufficient evidence to prove that the plaintiff used the findings of his work to solicit money from persons implicated in the evidence gathered by him.
The evidence, according to the court, also proved that those who were able to pay the sums of money demanded by Anas and his associates, got exempted from videos that were shown to the public.
The court concluded that what Anas is engaged in is not investigative journalism but rather investigative terrorism and that Agyapong was justified to call Anas “a blackmailer, corrupt, an extortionist, and evil”.
“I find the claims by the plaintiff [Anas Aremeyaw Anas) meritless and they are hereby dismissed” Justice Baah ruled.
Publications
According to Anas, Agyapong on 29 May 2018, during a live programme in Twi on Adom TV, categorically stated that he [Anas] was a blackmailer, corrupt, an extortionist, and evil.
According to the statement of claim filed by the lawyers of Anas, the defendant, similarly, Mr. Agyapong published defamatory words on 31 May 2018, on Oman FM, a private radio station owned by the defendant [KennedyAgyapong].
The statement of claim also stated that the defendant published more defamatory materials against the plaintiff via other platforms to the extent of releasing pictures purported to be those of the investigative journalist in his bid to blow the latter’s cover.
Reputation injured
Anas indicated in his statement of claim that his reputation, especially as a lawyer and as a globally acclaimed investigative journalist, has been egregiously damaged.
“Furthermore, Anas indicate that following the publication, he was inundated with numerous calls from business associates, journalists around the world, social relations, friends, outright strangers, and he has had to answer very mortifying questions,” the statement of claim said.
According to Anas Aremeyaw Anas, Mr. Agyapong published the words complained of knowing them to be false and reckless.
Cost awarded
Lawyers of Kennedy Agyapong after the ruling asked the court to award cost of 1 million Ghana cedis against the plaintiff [Anas Aremeyaw Anas].
Lawyer for the Anas Aremeyaw Anas when he stood on his feet offered to pay Ghc 20,000.00 as cost.
Justice Eric Baah indicated that since the award of cost in such civil cases is at the discretion of the court, he will award cost of GHc 50,000.00 against the plaintiff [Anas Aremeyaw Anas].
The Accra High Court’s Financial and Economic Crime Division 2 has sentenced Dr. Mustapha Ahmed, the former minister of youth and sports, to seven days in jail for contempt of court.
A perpetual injunction prohibiting the former minister, who was the defendant, from trespassing on property was given by the court in a judgment on June 12, 2019, but he disobeyed the ruling.
The court also fined him GH¢12,000 or in default serve 30 days in prison.
If paid, the court presided over by Justice Afia Serwah Asare-Botwe, ordered that GH¢5,000 out of the fine should be paid to Kofi Ammoah Kwafo, the man, who initiated the contempt application against Dr Ahmed, the Chief of Defence Staff and the Director-General of Logistics of theGhana Armed Forces(GAF).
The contempt motion originated from a land litigation case, six years ago, in which Dr Ahmed, a former Member of Parliament for Ayawaso North, sold land to Mr Kwafo, in the year 2000, and repossessed it with the excuse of having made a mistake.
In the contempt application, the applicant, Mr Kwafo, attached the Chief of Defence Staff and the Director-General of Logistics because personnel of the GAF, occupying a property built on the land in dispute resisted execution of the judgement of the court.
Justice Asare-Botwe, who is a Court of Appeal judge, sitting with additional responsibility as a High Court judge, noted in her judgement that both Chief of Defence Staff and the Director-General of Logistics were not personally served with copies of the court land litigation judgement of 2019.
In his affidavit in support and written address, Mr Kwafo stated that the respondents conducted themselves in a manner as to bring the administration of justice into disrepute by defying the authority of the court.
For instance, the applicant argued that the first respondent, purportedly disposed of the property to the GAF, in 2017, which document was executed in 2018 and the application for registration, therefore, having been made in 2021 when the judgement of the court was already handed down.
Mr Kwafo said that the officers of the GAF were in contempt of court when they resisted the execution of the judgement of the court.
Mr Kwafo was represented by Mr Kwaku Osei Asare as counsel.
Counsel for Dr Ahmed, Mr Christopher A. Fynn, in his written submission, stated that his client cannot be found to be in contempt since no evidence had been canvassed to show that he had fallen in breach of any order, direction or judgement of the court to merit such action.
He denied having backdated the assignment of the sub-matter to the GAF or any other allegation of fraud and stated that, this was a ploy to enforce the judgement handed down by the court by a means other than what was prescribed by the rules of court.
The former minister stated that the applicant was deploying an incompetent process in bringing the application to incite the court against him and the other respondents.
The Chief of Defence Staff and the Director of Logistics told the court that there was no evidence of a writ of possession having been properly obtained and served them as they had not been parties to the suit.
It was their case that posting the judgement on the property and writing to the GAF was not a proper procedure for notifying them of the judgement.
Goldfields Ghana Limited has been ordered by an Accra High Court to pay an ex-employee, Raphael Setorworfia, 72 months of his basic salary at the time of his retirement on medical grounds in June 2018.
The Court, presided over by Justice William Boampong, held that the order was in accordance with Article 11 (b) of the staff Collective Agreement governing his employment.
The court said it considered the fixed term contract under, which Setorwofia (the Plaintiff) was employed.
According to the court since Goldfields had withheld money belonging to the Plaintiff, interest was payable on the amount.
The court will later determine the rate of interest to be paid if the parties do not agree on the interest.
Tsatsu Tsikata, who represented the Plaintiff in a statement to the GNA, said the court had adjourned the matter to February 20.
“There was no representation for the defendant (Goldfields Ghana Limited) in Court,” the statement added.
The four suspects who were being imprisoned for the kidnapping of two Canadian women were each given a sentence of 40 years in jail with hard labor by the Criminal Division of the Accra High Court.
Sampson Agarlor, the ring leader, Elvis Ojiyorwe, Jeff Omarsar, all Nigerian nationals and Yusif Yakubu, a Ghanaian were convicted after the court found them guilty of two charges of conspiracy and two charges of kidnapping.
They were each sentenced to serve nine years for the charge of conspiracy and 10 years for kidnapping.
The sentencing, the court said are to run concurrently, meaning they will each serve the highest which is 10 years but a combined 40 years for all.
The Court presided over by Justice Lydia Osei Marfo ordered that the mobile phones of the convicts used in perpetrating the offense should be burnt while the pistols retrieved were handed over to the authorities.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the families of the victims monitored the judgement via video link.
The Court said the prosecution after calling 11 witnesses was able to discharge the burden of proof which the convicts could not counter.
The Court also said the convicts came to the country purposely to kidnap expatriates to make money, a development the court observed destroyed Ghana’s International relations with investors.
Justice Osei Marfo urged the state to undertake law reforms to ensure that harsher punishments are imposed to deal with issues of kidnapping.
According to her, the current maximum punishment of 10 years for kidnapping is not deterrent enough and Ghana should learn from other countries who have strengthened their laws.
The Director of Public Prosecution, Mrs Yvonne Atakora Obuobisa welcomed the call and said a committee has been constituted to review some of the laws.
She said they will request for the judgement of the court and refer the call to the committee.
Lawyer Yaw Dankwah, who represented three of the four convicts apologised to the victims and their families.
He said, their job as lawyers is just to strengthen the judicial system.
The second convict, Elvis Ojiyorwe, knelt down before the court after he was sentenced to apologise to the victims and their families.
But his plea for a reduced sentence was turned down by the court.
Apology
Justice Osei Marfo while apologizing to the victims and their family said, “No one deserved what they (victims) have been through.”
She said in “matters like this justice must be done. My sincere apology to the victims and their family.”
Background
The four accused persons were standing trial for kidnapping two Canadian ladies since 2020.
The two ladies – Miss Lauren Patricia Catherine Tiley and Miss Bailey Jordan Chilley, who were in Kumasi to participate in a youth programme on June 4, 2019, were kidnapped.
The four persons who have been charged with unlawful imprisonment of two Canadian nationals have pleaded not guilty to four charges related to kidnapping.
The accused – Sampson Agharlor, aka Romeo, the ring leader together with Elvis Ojiyorwe, Jeff Omarsar and Yusif Yakubu have all denied the charges of conspiracy to kidnap, two kidnappings, and unlawful imprisonment.
On December 19, the son of Chinese galamsey kingpin En Huang, Aisha Huang, will make his second appearance in court.
The Criminal Division of the Accra High Court had remanded Huang Lei, the son of Aisha Huang, to the Nsawam Medium security prison.
He is standing trial together with another Chinese national, Huang Haihua for remaining in Ghana after the expiration of permits, possession of ammunition without lawful authority and possession of forged official documents.
Their lawyer Frank Kumakoh, had accused the prosecution of levelling charges unsustainable by the facts available.
He said he will be presenting a formal bail application before the Court for consideration.
Counsel also informed the court that the accused persons would change their plea on the immigration charges at the next sitting.
But the prosecution led by Hilda Craig on their first appearance on November 24, prayed the Court to commit the accused persons to the Nsawam Medium security prison while the case proceeded.
Justice Lydia Osei Marfo upon hearing the arguments remanded Huang Lei and Huang Haihua into the Nsawam prisons.
The Court also directed the Ghana Prison service to produce the accused persons to the Court on the appointed dates for their trial.
The court also ordered both the prosecution and defence to file all relevant documents for the trial.
The case which was originally adjourned to December 13, 2022, for case management has now been deferred to December 19.
This follows Justice Baffour’s last week rejection of the GH90,000,000 settlement agreement reached by Ato Essien and state prosecutors.
William Ato Essien, the founder of the now-defunct Capital bank, pled guilty to accusations of misappropriating depositors’ funds as well as other theft-related offenses such aiding theft, conspiring to steal, and money laundering, among other things.
According to the Deputy Attorney General, Alfred Tuah-Yeboah, investigations conducted by the state showed that some 65 million and 35 million cedis were used by another company; Capital African Group to acquire shares in Capital Bank, and this amount was paid through Ecobank.
Upon realising this, the share acquisition was reversed and the money was retained by Capital Bank.
These amounts formed part of some 192 million the accused persons have been charged with and therefore, the share acquisition was revoked and the amount retained.
Ato Essien is standing trial with the Managing Director (MD) of the defunct bank, Fitzgerald Odonkor, and the MD of MC Management Services, a company said to be owned by Essien, Tettey Nettey.
The prosecution has accused the three persons of engaging in various illegal acts that led to the dissipation of a chunk of the GH¢620 million liquidity support given to the Capital Bank by the BoG between June 2015 and November 2016.
Court initially rejected 90 million cedis:
The Accra High Court had, prior to this, rejected an amount of GH¢90million by William Ato Essien, after lawyers of same had informed the judge; Justice Eric Kyei Baffour, in the last sitting that the accused person had agreed to pay GH¢90million as restitution to the state.
The move by Essien was pursuant to Section 35 of the Courts Act, 1993 (Act 459) which allows an accused person to plead guilty and pay restitution to the state in cases in which there had been financial loss to the state.
This was rejected by the judge on the basis that, the money which was obtained by Mr. Essien in 2015 was done when the cedi to dollar exchange rate was GH¢3.79 pesewas and therefore it will be a shortchange for the state if the monies were refunded using the same rate rather than the current GHC13 with interest.
According to the judge, if he accepted the agreement in its current form, it meant people who had committed crimes would be made to profit from it.
The judge also ruled that the case did not fall under Section 35 of Act 459 because the monies involved did not belong to the state but rather to depositors and shareholders of the defunct Capital Bank.
The court also wondered why Essien wasted the time to go through three years of trial and only agree to pay the money a day before the judgment.
The judge therefore adjourned the trial to December 13, 2022 for the prosecution and Essien to come back with a better deal and also convince the court whether the trial was one that fell under Section 35 of Act 459.
Background
Capital Bank was one of the first banks that collapsed after a massive clean-up of financial institutions by the BoG started in 2017.
On August 14, 2017, its licence and that of UT Bank were revoked by the BoG, after the BoG had declared them insolvent.
The BoG allowed the state-owned bank, the GCB Bank, to acquire the two banks in order to protect depositors’ funds and also enable them to stay afloat.
The hurricane that swept through the banking sector due to the collapse of the two banks further heightened in August 2018 when the central bank collapsed five other indigenous banks and merged them into one entity — Consolidated Bank, Ghana.
Dr. Johnson Asiama, a former second deputy governor, and Raymond Amanfu, a former head of the banking supervision department, have both been charged with wilfully inflicting financial loss to the state, according to the charge sheet submitted to the High Court.
Also, Head of Treasury of the UT Bank, Catherine Johnson; former Chief Executive Officer of UT Bank, Prince Kofi Amoabeng; and Robert Kwesi Armah, General Manager of Corporate Banking of UT Bank and UT Holdings – the parent company of UT Bank, have been charged with various offenses such as dishonest appropriation of US$7million and other deposits of customers and fraudulent breach of trust, among other charges.
The trial judge is His Lordship Justice Bright Mensah, a Justice of the Court of Appeal, sitting as an additional High Court judge.
So far, the prosecution has called Eric Nana Nipah, the Receiver of UT Bank (in receivership), Stephen Afotey, Registrar of the High Court (Commercial Division) and Stephen Antwi-Assimeng, a former Chief Executive Officer (CEO) of the defunct UT Bank to testify on its behalf.
In his testimony, the first Prosecution Witness, Eric Nana Nipah, informed the Court that several investments placed by various companies such as, SSNIT SOS Fund, Forestry Commission, ECG Staff Fund, WAICA-Re and the National Communications Authority with UT Bank were moved out to UT Holdings without proper authorization.
The second Prosecution Witness, Mr. Afotey, testified that an amount of US$7 million was deposited with UT Bank on the instructions of the Court. However, this amount could not be traced when UT Bank was taken over by GCB Bank.
In November, the Court heard the testimony of the third Prosecution Witness, Stephen Antwi-Assimeng, the Chief Executive Officer of UT Bank at the time of the revocation of its license. He testified that UT Bank was already on liquidity support from BoG at the time he joined the bank.
Mr. Antwi-Assimeng intimated that UT Bank relied heavily on borrowing from BoG to deal with its liquidity challenges.
In his testimony, Mr. Antwi-Assimeng indicated that UT Bank established letters of credit in the total sum of GH¢141million for some customers of the bank and these letters of credit were maturing in May and July of 2016. He further informed the Court that the customers did not provide funds for the Letters of Credit and neither did UT Bank have liquidity on maturity.
Testifying further, Mr. Antwi-Assimeng stated that the bank had situations where a number of international lenders were calling in their loans because UT Bank had defaulted and some of the loans had reached maturity.
He testified further that UT Bank was experiencing an average of GH¢40million loss of customer deposits, one of the bank’s key sources of liquidity. This, according to him, resulted in acute liquidity shortage, with UT Bank forced to pay higher interest rates to attract new depositors.
Proceeding further, Mr. Antwi-Assimeng informed the Court that UT Bank, on application to BoG, received liquidity support of GH¢460million with the instruction not to use any part of the additional liquidity support for unapproved purposes. He also informed the Court that the bank also applied to BOG for an unsecured liquidity support of GH¢30million.
He explained that UT Bank applied for the unsecured liquidity support because it did not have adequate securities to provide collateral for this facility.
The matter has been adjourned for further hearing in mid-December this year.
Political activist and entertainment pundit, Kwame A Plus, has reiterated his call for people to work hard and look for money because it can save a person even from going to jail.
He was reacting to a December 1, 2022, Accra High Court contempt ruling that pronounced fines on himself and others with jail time to be imposed in case of default.
A Plus said in a video posted on his Facebook wall that he was witness to how a co-convict opted to settle the GH¢65,000 fine slapped on all of them.
The person in question is Nana Ama McBrown, actress and hostess of UTV’s entertainment programme, United Showbiz.
“…when the amount was mentioned, GHC65,000 cedis, Nana Ama McBrown removed her cheque and offered to pay for everyone, Ama; you are brutal.
“When I went out of the court, I was almost accosted until I replied that ‘my Lord, we are going to take our chequebook and give the court money.’
He continued that McBrown asked the other accused Fadda Dickson: “Fadda should I pay for everyone so that you reimburse me? Fadda said she should relax, that the money was there.”
He did not disclose whether the total sum of GHC325,000 in lieu of the five persons had been settled and by who.
Fadda Dickson, Felicity Nana Ama Agyeman, aka Nana Ama McBrown; Valentina Nana Agyeiwaa, alias Afia Schwarzenegger; Kwame Asare Obeng, alias Kwame A Plus, and Emmanuel Barnes, alias Mr. Logic and UTV, were recently cited for contempt of court.
The parties were dragged to court by Chairman Wontumi after all except Fadda Dickson, the Executive Director of the United Showbiz programme, discussed the merits of Wontumi’s defamation suit against Afia Schwar whiles the issue was pending in court.
The High Court in its ruling on Thursday, December 1, 2022, convicted and fined all of them to pay GH¢65,000 each; in default, they are to spend two months in jail.
The applicants used the High Court’s supervisory jurisdiction to ask the court to overturn the Minister of Communications’ choice to make the Ghana Card the only form of registration.
Additionally, the applicants asked the court to overturn a Ministry order requiring everyone to register within a particular time frame or face having their SIM cards disabled.
However, in a judgment, the court, presided over by Justice Charles Ekow Baiden, held that the applicants failed to prove that the National Communications Authority acted arbitrarily or in excess of its powers.
As part of the ruling, the court held that:
1. The NCA has the full legal mandate to conduct the SIM registration exercise
2. That the NCA has not exceeded its powers or breached the natural justice principle as there have been sufficient extensions of the deadlines for the registration exercise.
3. The National Identity Register, 2021. Regulation 7 of L.I.2111 gives the NCA power to limit the National Identity document for the purpose of SIM registration to the Ghana card only.
4. Dictates of national security and the need to prevent crime make it imperative that the NCA undertakes the SIM registration exercise
Top guns of the National Democratic Congress (NDC), were in attendance at the Sekondi High Court when the verdict of the election petition case involving Member of Parliament, Dorcas Affo-Toffey was delivered.
The case which had been ongoing for close to two years was decided when the court presided over by Justice Dr. Richmond Osei Hwere dismissed the case on grounds that the MP was eligible to contest.
The court held that she lost her Ivorian citizenship at the very time she acquired her Ghanaian citizenship, thus, there was no merit in the petition seeking to annul her election on the basis of her having dual citizenship.
GhanaWeb checks indicated that about half a dozen Members of Parliament were around to lend their support to their colleague. Among them were Samuel Okudzeto Ablakwa, James Agalga, Teddy Nana Yaw, Comfort Doyoe Cudjoe and Emmanuel Armah Buah.
The embattled Assin North MP, James Gyakye Quayson – who is also battling a citizenship case – was also in attendance.
Other party bigwigs present included Kofi Totobi Quakyi and former Attorney General Marietta Brew-Oppong.
The petition which the victorious MP described later as ‘frivolous’ and a ‘distraction’ was filed by one Joshua Emuah Kofie, who was challenging the eligibility of the MP to contest as a representative of the people in the constituency on the ticket of the National Democratic Congress (NDC).
He submitted that she had multiple nationalities, including American and Ivorian citizenships, which is against the 1992 Constitution.
While the court determined that she did not have Ivorian citizenship at the time of filing and contesting in 2020, the MP denied having American citizenship.
The case has been in court for over 20 months since she was elected to represent the people of the Jomoro constituency.
En Huang, aka Aisha Huang, a Chinese alleged galamsey kingpin, on Wednesday broke down when an Accra High Court turned down her application for bail once again.
Aisha Huang’s lawyer, Captain Retired Nkrabeah Effah Dartey, re-applied for her bail, explaining that Aisha was on bail during her trial in 2017.
The defence counsel said: “I am not saying you should leave her. I am only asking that as the case continues, please allow her liberty in terms of movement, subject to the condition that the court would indicate.
“Five years ago, while my client was on trial on similar charges, she never absented herself from any of the court sitting dates.”
The Counsel explained that Aisha was broken because she had been denied bail repeatedly.
“Being in prison or custody is not an easy thing you know. I have been through it and I know how it feels,” he added.
The Court, presided over by Mrs Justice Lydia Osei Marfo, however, refused the application, saying the trial had commenced and was moving at a faster pace.
“The accused is a foreigner and she has no social or other ties in the jurisdiction, and she is, therefore, a flight risk,” the court stated.
When the trial began, Mrs Yvonne Atakora Obuobisa, the Director of Public Prosecutions, led Superintendent of Immigration, Reuben Ransford Aborabora, in evidence.
On May 5, 2017, he led six other officers of the Ghana Immigration Service (GIS) to check on the validity of the permits of foreign nationals in the country as part of his duties, the first prosecution witness explained.
The officers, attached to the Enforcement Unit of GIS, went to Bepotenten in the Amansie Central District in the Ashanti Region.
Supt. Aborabora said their aim of going to Bepotenten was to verify information “our office had received to the effect that some Chinese nationals and others were engaged in illegal mining at Bepotenten despite the government’s ban on illegal mining activities.”
On reaching Bepotenten, the first prosecution witness said a road, which run through the site had a container with machine parts in it.
There were also barrels containing fuel, while mining activities had generated freshly dugout heaps of sand.
There was a cocoa farm close to the site and part of the cocoa farm had been cleared, while dug out pits, had some water in them, he added
Supt. Aborabora said: “At the site, I heard the sound of excavators in use and the sound of generators. In total, I saw six excavators out of which four were in use.”
At Bepotenten, Supt. Aborabora said the team arrested four Chinese nationals, including one Gao Jin Cheng, who informed them that they were there to mine for one Aisha.
He said when he asked the four for their passports, they told the team that they were with Aisha.
He, consequently, recorded the mining activities at Bepotenten on his mobile phone and transferred it to a Compact Disc and later to a pen drive.
The video recording was thus played in court, as evidence.
Answering questions under cross-examination by Capt. Effah Dartey, the officer maintained that Aisha was not at Bepotenten when his team visited.
The officer also said personally, he had no direct information against Aisha for mining illegally.
However, it was Gao who told him that they were at the mine site for Aisha, who also their passports.
Defence Counsel (DC): “If Gao Jin Chen gave you wrong information, then your source is wrong.”
Witness: “Yes, my Lord, I only reported on what Gao Jin Cheng told me and I forwarded same in my report to the GIS Enforcement Unit in Kumasi for further investigations.”
DC: “You and your men carried out regular operations at Bepotenten.”
Witness: “Not exactly, we go there as and when my senior officer in charge directs.”
DC: “Are you aware that some of your men were constantly being compromised?”
Witness: “No, my Lord, I have no personal information to that effect.”
Aisha is being held for allegedly engaging in illegal mining activities at Bepotenten in the Ashanti Region in the year 2017.
She is facing charges of undertaking mining operations without a license and facilitating the participation of persons engaged in mining.
Aisha is also facing an additional charge of illegal employment of foreign nationals and entering Ghana while she had been prohibited from re-entry.
QNET, a leading international direct selling company supports the decision of the Attorney General to dissolve companies that are impersonating QNET International, conducting fraudulent business activities and misrepresenting the company in Ghana.
There is a recent media publication on the Attorney General’s efforts at dissolving fraudulent companies, unfortunately, the facts of the matter were not accurately presented by the media organisation that reported the court case. The first significant error in the media report is misconstruing QNET for Quest Net or Q-NET Investment Limited. The name Quest Net does not refer to nor is meant to refer to QNET. They are effectively entities which are entirely separate and distinct, and with no relationship or incorporation internationally.
It is clearly evident from the Judgment dated 20 July 2022 that the title of the case is “IN THE MATTER OF THE CORPORATE INSOLVENCY AND RESTRUCTURING ACT, 2020 (ACT 1015) AND IN THE MATTER OF A PETITION FOR THE OFFICIAL WINDING UP OF Q-NET INVESTMENT LIMITED (A COMPANY LIMITED BY LIABILITY) AND IN THE MATTER BETWEEN THE ATTORNEY GENERAL AND Q-NET INVESTMENT LIMITED.” It is thereby clear, QNET was never a party to the court action.
QNET operates its business everywhere, including Ghana, via Independent Representatives (IRs) who are properly trained and accredited individuals, and who undertake the business in compliance with best business ethics and practice.
Certain individuals acted in bad faith by registering a company called Quest Net/QNET Investment Limited in Ghana for their unlawful activities. QNET Limited had, via its lawyers in Ghana, written to the relevant authorities and placed Quest Net on notice that there is no relationship, connection or nexus of any nature with this Ghana-registered local entity and QNET Limited.
QNET, on a continuing basis, has been in touch with the relevant authorities to clarify its stand. QNET accordingly condemn the actions of these unscrupulous individuals and their bad practices which we wholly dissociate ourselves and our business dealings from.
Whenever QNET’s attention is brought to unethical or illegal actions of IRs, QNET takes punitive actions against them. This includes termination or suspension of the IR. Additionally and as required, QNET lodges complaints with the Police against IRs who commit crimes against innocent individuals.
QNET is always available to offer clarification and assistance to all authorities and the media regarding any issue about its business. QNET has also embarked on a sensitization programme called the “MAMA Campaign”, to educate the general public about QNET, its business model and the need to be wary of fraudsters or impersonators.
QNET is a law-abiding and socially-responsible company. QNET, through its social impact arm, RYTHM Foundation, has partnered with many charity projects across the world to empower less-privileged and physically-impaired people. In Ghana, QNET is actively supporting the Anopa Project, providing deaf and blind children with access to education and sporting skills.
