National Democratic Congress and Corruption in Ghana

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Wednesday, March 31, 2010

Kufuor shows up in court in GIA trial

Former President John Agyekum Kufuor
Former President John Agyekum Kufuor
Former President John Agyekum Kufuor was in court on Wednesday to hear charges against key appointees under his administration.

The officials, Dr Richard Anane, a former Road and Transport Minister, Mr Kwadwo Mpiani, a former Chief of Staff, and Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, are standing trial over the liquidation of the defunct national carrier, Ghana Airways and the incorporation of Ghana International Airlines (GIA).

The fourth accused person, Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), represents the minority shareholders of GIA.

This is the first major trial of former government officials who served under the Kufuor administration.

Mr Kufuor, clad in a blue-black suit, and several other former officials and sympathizers of the NPP, stormed the Accra Fast Track High Court in solidarity with the four accused persons.

Dr Akoto Osei was charged with seven counts, including wilfully causing financial loss to the state, Dr Richard Anane faces three counts, Mr Crabbe faces four counts, whilst Mr Mpiani faces one count.

The four were granted GH¢300,000 bail to reappear on the 26th and 27th of April.

Three of the accused former officials, Dr Osei, Mr Mpiani and Dr Anane, failed to show up in court on Tuesday when the case was first called because they had not been charged.

Although Mr Crabbe was in court, the case was adjourned to today for the other persons facing trial to appear.

Meanwhile the judge sitting on the case, Justice Bright Mensah, has warned the lawyers of the accused persons to desist from speaking to the press.

He warned he would not take kindly to any act that prejudices the court’s verdict. Subsequently, the lawyers for Dr Anane and the other officials did not speak to the press.

However, Mr Kwame Boateng, lawyer for Mr Crabbe, who is said to have withdrawn $1.7 million from government’s account without approval, told Joy News on Tuesday his client is innocent.


Story by Fiifi Koomson/Myjoyonline.com/Ghana

Ho Central MP accused of rape


A twenty-three-year-old lady has accused the NDC Member of Parliament for Ho Central, Captain George Nfodjoh (Retd) of sexually abusing her.

Giving her name only as Sylvia, the lady claims Captain Nfodjoh, has since she came into contact with him in January this year, had sex with her under duress.

She said on two separate occasions, the MP held a pistol to her head, and she had to acquiesce, allowing him to have his way.

Recounting the first encounter, the 'victim' said when the MP pulled the pistol, she was too terrified and mollified to speak and “because I didn’t want [him] to harm me, I agreed and said ok protect yourself, he said ‘no, no’, he is not going to use any condom so he did it like that, raw.”

After the incident, she claimed Captain Nfodjoh prescribed a drug for her to go buy and when she asked for money for the drug, he snubbed her.

She maintained that even though she did not struggle with her aggressor, she was raped because she did it unwillingly.

The victim rejected suggestions she was trying to unjustifiably malign the MP because he refused to give her money.

"Have you ever asked him for any favour?", Joy News’ Kwaku Obeng Adjei asked, to which she responded, “I have never, since I met him he has never given me even five pesewas.”

Sylvia told Joy News she broke her silence because she feels insulted by Captain Nfodjoh whom she claimed has objectified her to satisfy his sexual desires without recourse to her emotions and feelings.

She denied having a love relationship with her accuser “because if it [was a relationship] the man will not be doing it like that. It’s too much. How can you be treating your girlfriend like this,?” She asked.

She is yet to report the matter to the police and claims she has the MP on video, naked.

Refusing to speak directly to the allegations, the MP said he knows the lady in question and that he had reported her to her father whom he said is a friend.

“I say I have declined to talk to the press but the fact is that I know her,” and Obeng Adjei put to him a pointed question, “so you slept with her, you never had sex with her,” he responded faintly, “is not true, with all due respect I don’t want to carry on like this, everyone calling me and asking me questions.”



Story by Malik Abass Daabu/Myjoyonline/com/Ghana

Monday, March 29, 2010

Ghana: Upper East Regional Minister Mark Wayongo in court for fraud


Upper East Regional Minister, Mark Wayongo
Upper East Regional Minister, Mark Wayongo





Two employees of the Upper East Regional Coordinating Council have filed a writ against the Regional Minister for fraudulently awarding contracts to his nephew.

Ibrahim Yahaya and Sumaila Abubakari claim Mr Mark Woyongo awarded a contract with a value of over a million Ghana Cedis to his nephew in contravention of procurement procedures.

They want the Bolgatanga High Court to declare the award of the contract null and void.

According to them, the minister published the contract a month after he had already awarded it to his nephew. That for them, was meant to cover up the shady deals of the minister.

Lawyer for the two, Seidu Douglas, told Joy News the minister was in position of conflict of interest because “he awarded the contract to himself by giving it to his nephew....he knew that the contract was going to his nephew.”

He said as part of the frantic efforts by Mr Wayongo to cover up his criminal conduct, he clandestinely interdicted two workers at the RCC.

“In the letter of interdiction, they say that the people have leaked [confidential] documents when indeed these letters you gave to the contractors were public documents because you copied several other people. [How] can you turn around and blame somebody in the office for the leakage of a document you have already sent to the public?, Mr. Douglas asked.

The two interdicted employees say they are contemplating legal action if they are not recalled by next week.

One of them, Rosaline Akanwa, told Joy News she was accused of leaking letters she typed as the secretary at the RCC, meant for distribution to contractors.

“They awarded some contracts and as the secretary I typed the letters and we sent the letters to the various contractors, about a week ago they came and said some letters were in circulation and they are suspecting myself and the records officer because we are in charge of confidential letters,”

She said subsequently, she and her other colleague were given queries “and [when] we answered the queries, they said they were not satisfied with the queries, and gave us interdiction letters a week after.”

Ms Akankwa said they were told they would be invited for questioning but nothing had been heard for about a week now.

The Regional Minister admitted awarding the contract to his nephew but insisted the process was fair and transparent and satisfied all procurement regulations.

“My nephew has been a contractor since 1988 and he tended for the job, it was assessed, they did their evaluation and the tender committee awarded the job to him. It would be ridiculous to say because he is my nephew, he shouldn’t be given a job,”he said.

Mr Wayongo denied the charge that he advertised the contract after awarding it to his nephew. He said there were two different contracts all together but his accusers were mixing them up.

He also denied any heavy-handedness in interdicting two employees of the RCC, saying their interdiction was done in accordance with civil service procedures.

“There is every indication that the information was leaked from the Regional Economic Planning Officer’s office so the chief director asked that the two should step aside for investigations to commence”, he said.

Related to this, a group calling itself the Coalition for the Welfare of the Masses in Bolgatanga has challenged Mr Woyongo to produce documentary proof that he indeed advertised the contract in question before awarding it to his nephew.

According to the spokesperson of the group, the regional minister had been brazenly violating procurement laws in the region.

He claimed he had a tall list of contracts that had been awarded under the watch of Mr Wayongo in clear contravention of procurement procedures.

While he was due to address the media, a group of youth believed to be Mr Wayongo’s loyalists stormed the venue and scuttled everything.


Story by Malik Abass Daabu/Myjoyonline.com/Ghana

Thursday, March 25, 2010

Another ¢7.4 Trillion Loss By The State

hmmmmmmmmm

.... through another Destination Inspection Company

The revelation by the DAILY POST yesterday that Ghana lost ¢22.4 trillion is just a tip of the iceberg of the quantum of revenue lost by the state as a result of the dubious activities of importers and clearing agents at the Tema and Takoradi Habours. The nation is losing far more than that, our intel sources indicate.

As said in yesterday's publication, the loss of ¢22.4 trillion between 2003 and 2009 was recorded by only Gateway Services Limited, one of the four Destination Inspection Companies, DICs, in Ghana whose responsibilities it is to assess imports into the country and value them to enable the importers pay the right duties to the state.

The DAILY POST now has figures of the transactions of a second DIC, Inspections and Control Services, ICS, Limited where trillions of cedis was lost to the state.

Forensic audit conducted by our intel sources into ICL's transactions with importers and clearing agents indicates that between 2003 and 2008, Ghana lost a staggering amount of US$525,195,263.26 or $7.4 trillion in revenue. The break downs are as follows;

8. In 2003, out of a total of 8,270 Final Classification and Valuation Reports (F.C.V.R) issued and assessed to be US$62,696,325.36, an amount of US$23,747,806.82 was collected by the company forming 38% of the assessed value leaving an amount of US$38,949,118.54 forming 62%.

9. In 2004, out of a total of 11,744 Final Classification and Valuation Reports (F.C.V.R) issued and assessed to be US$105,901,348.29, an amount to US$49,837,191.57 was collected by the company forming 47% of the assessed value leaving an amount of US$56,064,156.72 also representing 53%.

10. In 2005, out of the total of 12,518 Final Classification and Valuation Report (F.C.V.R) issued and assessed to be US$137,442,487.50 an amount of US$69,450,802.54 was collected by the company representing 51% of the assessed value leaving an amount of US$67,991,684.56 representing 49%.

11. In 2006, 45% of the assessed value of the FCVRs issued collected leaving 55% of the assessed values of the FCVRs to be collected.

12. In 2007, 41% of the assessed value of the FCVRs issued was collected leaving 59% of the assessed value of the FCVRs to be collected.

13. In 2008, 34% of the assessed value of the FCVRs issued was collected leaving 66% of the assessed values of the FCVRs.

14. The figures for 2009 has not yet been collected. Their figures are provisional and therefore cannot be considered for the exercise.

In concluding, the total FCVRs from 2003 to 2008 was 72,610 which amount to US$900,355,636.53. US$375,160,373.27 was collected representing an average 43% leaving an amount of US$525,195,263.26 representing 57% to be collected.

Stay tuned for more shocking revelations

Carl Wilson Busted In Multiple Car Thefts


Who Will save Ghana from corruption?

Alex Segbefia's boy, Carl Wilson, has been busted in the web of car stealing.

The lies he told on Asempa Fm yesterday were exposed when National Security operatives at about 4:00 pm arrested a 4×4 Chrysler Pacifica Wagon he illegally sold to one of his cronies.

The Chrysler with identification number 2A8GF78X37F365174 got missing from the Tema port under very obscure circumstances. It was realized that forged documents were used to clear the car from the port on 14TH August, 2009.

Very verifiable documents also available to the Daily Post indicate that the Chairman of the Confiscated Vehicles Allocation Committee (CVAC) unilaterally declared four genuine 4×4 cars as stolen and sold them for a pittance.

The vehicles in contention are GMC Yukon, Acura MDX Wagon and two Chryslers.

Though the importers of the said vehicles have provided Certificate of Titles to show that the cars were not stolen, Carl Wilson will not budge as he hurriedly fast-tracked processes to sell those cars under allocation.

On the part of the Acura MDX Wagon, a Certificate of Title numbered X0633223, a copy obtained from the United States Department declares it as a vehicle which has properly passed through the purchase and export processes from the State of Kansas.

It was signed by Joan Wagnon, Secretary of Revenue and Carmen Alldritt, Director of Vehicles.

Under mysterious circumstances, the Acura got missing from the Golden Jubilee Terminal.

Investigations have established that Carl Wilson sold the car to one Kofi Adjei. The car was cleared by shipping agent, Stewise Shipping.

The Chryslers which came from the Commonwealth of Pennsylvania with vehicle identification number 2A8GM8L77RL28513 were signed by Allen D. Biehler, Secretary of Transportation.

The GMC Yukon with title and identification number 1GKEK63U65J139234 came from the State of New York and its Certificate of Title was authenticated by Moore Gregory, on behalf of the sellers.

Central Intelligence Agency and State Department files corroborated Bill of Laden details, stating they are accurate.

According to the United States security agencies, the cars in contention are not stolen ones.

Interestingly, Carl Wilson did not even await the outcome of investigations by the Ghanaian security agencies to prove that the vehicles were stolen.

He hurriedly allocated them to some of his friends and sold them at very ridiculously low prices.

In our next edition, check out how Carl Wilson forged documents and forced CEPS officers to clear the cars.

Additionally, a top man at the Castle aided in this dubious act.

Stay tuned

Source: Daily Post

CORRUPTION:Carl Wilson has been sacked






Reports indicate that the embattled Chairman of the Confiscated Vehicle Allocation Committee, Mr Carl Wilson, has been sacked.

His dismissal follows agitations by some members of the ruling National Democratic Congress that the man should be removed from office because his corrupt practices had been denting the image of the party.

Irate youth of the party Thursday morning besieged the party's headquarters, locked out national officers denying them access to their offices and vowed to stay there until the man was sacked.

In order to calm tensions, the National Organiser of the NDC, Mr Yaw Gyan Boateng went to address the demonstrators and told the angry supporters that Mr Wilson had been sacked.

He said if any clandestine attempts are made to reverse the decision, he will join them to demonstrate against the Chairman of the Confiscated Vehicle Allocation Committee and whoever is trying to shield him.

The Communications Director at the Presidency, Koku Anyidoho confirmed the dismissal to Joy FM.

He would not give any details regarding the reasons for Mr Wilson's sack.

Carl Wilson has come under intense fire in the media and from members of the ruling party for allegedly abusing his office by unilaterally ordering the sale of confiscated vehicles to his cronies for peanuts.

He has denied all the allegations claiming that some people who engaged in nefarious activities at the Tema Port and who feel their business had been threatened by his insistence on doing the right thing, were bent on doing him in.

The Deputy Chief of Staff, Mr Alex Segbefia who appointed him is believed to have been protecting the man in the face of all the allegation.

News of Mr Wilson's sack have been rife in the media but each time, Mr Segbefia has risen to his defence.

Asempa FM Wednesday evening broke the news that Mr Wilson had been sacked.

But Thursday morning he spoke to Joy FM's Super Morning host Kojo Oppong-Nkrumah in his capacity as the Chairman of the Confiscated Vehicle Allocation Committee.


Story by Malik Abass Daabu/Myjoyonline.com/Ghana

Kufuor breaks silence on Kosmos/EO Group

Former President Kufuor is certainly not happy about how his successor is scrutinizing deals his government signed
Former President Kufuor is certainly not happy about how his successor is scrutinizing deals his government signed





Former President Mr. John Agyekum Kufuor has for the first time commented on the Kosmos/EO Group saga, praising the Texas-based Energy Company for its extra-ordinary effort to strike oil in commercial quantities in Ghana, and rejected claims that his government was too relaxed in negotiating a better deal for the country.

"Kosmos made the difference to strike oil. Hut no preferential treatment was given. No, it is not so," the former president was expatiating on the issue in an exclusive interviewed by Mr. Fred Chidi , a journalist, at the former president's residence on a TV Africa evening programme, “Matters Arising” on Monday.

He said Kosmos took a high risk in undertaking exploration of the country's offshore oil reserves, pumping in a lot of money which most oil companies would not risk to do.

Mr. Kufuor noted that the current world attention on Ghana as a future market force in the oil industry must be credited to Kosmos, "because the country was previously not attracted to any of the now oil companies that have stormed in to take shares of the oil find".

According to the former Head of State, "Nobody knew Ghana has oil, but after Kosmos' exploration everybody wants to come here."

He stated categorically that it was untrue his government did not enter a competitive agreement with Kosmos, stating that the Government of Ghana share of 10 percent in the deal was arrived at after careful negotiations to ascertain the country's worth in the oil find.

The interview centered on many issues such as the health of Ghana's economy, politics, Nigeria, his current position as Chairman of Alliance Against Poverty and the thorny issue of the non-payment of his ex-gratia.

When asked by the host of the programme as to whether his ex-gratia had been paid, the two-term president, who is mostly referred to by his admirers as the 'gentle giant' said, "No, this is a matter I personally don't want to talk about."

But, the subject seemed to have ignited his emotions when he added that "the provisions of the Constitution must always be respected" and that it was a bad precedence for a committee to be set up by the Constitution and its recommendations be treated with contempt.


Source: New Crusading Guide/Ghana

NDC supporters lock out national officers, call for Carl Wilson's head






Angry supporters of the ruling National Democratic Congress have locked out national officers at the national headquarters of the party.

They say the Chairman of Confiscated Vehicle Allocation Committee Carl Wilson must be sacked by National Executive of the party.

According to them, Mr Wilson has been engaging in corrupt practices that seek to tarnish the image of the party.

The youth, numbering over 200, invaded the party headquarters at 5am Thursday, and say they will stay there until Mr Wilson is sacked.

Carl Wilson has been accused of unilaterally selling confiscated vehicles under questionable circumstances.


More soon.

Corruption: Segbefia Defends Carl Wilson


Image
Alex Segbefia
THE DEPUTY Chief of Staff, Alex Segbefia, has mapped out a strong defence for Carl Wilson, stressing that the chairman of the Confiscated Vehicles Committee is innocent of all the allegations leveled against him.

Putting up a defence for his darling boy in an interview with Oman FM, the National Democratic Congress (NDC) stalwart said Mr. Wilson has not been found guilty of any of the allegations made against him by his opponents.

Mr. Segbefia contended that various committees set up by the government to investigate Mr. Wilson over allegations of selling confiscated cars have all cleared him of any wrongdoing.

But interestingly the public has not been fed this wholesome information all this while, though the allegations the so-called committees investigated were made in public.

Mr. Segbefia noted that because Carl Wilson is doing a marvelous work at the Castle, opponents of the government are bent on pulling him down with unfounded allegations.

He indicated that Mr. Wilson would have lost his position by now if he had been found culpable of any of the many allegations leveled against him in recent times.

Dismissing rumours that Mr. Wilson was his in-law, the Deputy Chief of Staff pointed out; “The government will not shield Mr. Wilson for any reason or whatsoever”.

Mr. Wilson has in recent times made news headlines following his alleged active involvement in the selling of confiscated vehicles at cheaper prices to functionaries of the ruling party and sometimes outright stealing.

The chairman of the Confiscated Vehicles Committee is in the news again as he has been fingered in a case where stolen goods from the United Kingdom (UK) were allegedly carted away.

Dr. Matthew Opoku Prempeh, MP for Manhyia has tasked the government to investigate the chairman for allegedly taking away 18 confiscated motorbikes from the Tema Harbour believed to have been stolen from London.

According to the Manhyia MP, security detail at the Tema Port impounded the said motorbikes which were shipped into the country sometime in April last year, and that Mr. Wilson recently allegedly disposed of the motorbikes in question.

Commenting on the issue, though Mr. Segbefia said he was not privy to the issue, he was quick to conclude that the allegation was one of the many unfounded ones made in the past to tarnish Mr. Wilson’s image.

He dared Hon. Opoku Prempeh, affectionately called Napo, to furnish Interpol and other relevant bodies with concrete evidence if indeed his allegation has any basis.

Reacting to Mr. Segbefia’s comments, Napo said he has concrete facts to support his allegation but was waiting for the Minister of the Interior to officially respond to the issue in Parliament before taking that step.

He noted that he decided to first of all file to ask the Minister that question five weeks ago because he wanted to give the minister an opportunity to tell the nation what he knows about the issue.

“I am prepared to come out with full details of the facts of the matter and also proceed to deal with the relevant bodies after the Minister has officially responded to my question”, Napo emphasized.

Carl Wilson has been accused severally of allegedly stealing confiscated cars and selling them on the open market with assistance from some deviant garage operators in the nation’s capital.

From Daily Guide/Morgan Owusu, Kumasi

Monday, March 15, 2010

¢28 Billion Vanish From Offshore Account


Kufuor Thinking

A whopping $2,000,000.00 (Two Million United States Dollars), secured by President John Agyekum Kufuor and the New Patriotic Party (NPP) administration, with a Sovereign Guarantee, to rehabilitate some Ghanaian embassies, appears to have vanished without trace.

The amount was part of a $5Million loan, whose term sheet, states “shall be utilized exclusively for the renovation of selected Ghanaian Chanceries for Ghana’s 50th Independence Anniversary Celebrations.”

A statement of account on the Ministry of Finance & Economic Planning (MOFEP) bank Account number 0232002034552 with Stanbic Bank, opened for the transaction did not show a release of the $2,000,000.00 to the Government of Ghana.

The term sheet, dated December 7, 2006 addressed to the Kufuor administration through its Minister of Finance, indicates that ‘US$2,000,000.00 of the loan shall be booked with Standard Finance (Isle of Man) Limited,’ an offshore account.

Dr. Anthony Akoto Osei, who was a Deputy Minister of Finance and Economic Planning, signed as accepting the terms of the $5,000,000.00 loan on behalf of the Government of Ghana.

On December 11, 2006 US$3,000,000.00 (Three Million Dollars) was released to the MOFEP Account at Stanbic Bank. This amount was repaid on April 20, 2007.

On 14th May 2007, the MOFEP account with Stanbic Bank was again debited with US$3,800,000.00, described as Loan Granted to MOFEP.

The release of this $3.8Million after the repayment of the earlier amount of $3.0Million, all within the term period of the loan made the transaction appear like a revolving loan, with a ceiling of $3.8Million.

Subsequent transactions on the statement following the release of the $3.8Million reveal the various interest charges as well as repayments made to Stanbic Bank.

The $2.0Million was never released to the Government of Ghana, and it was not clear into whose account the amount was paid in the offshore bank.

The $5Million was part of a $17Million Commercial Loan Agreement approved by Parliament on 29th November, 2006. The other $12Million of the loan was to be used for UN Peace Keeping Operations.

The Ministry of Finance and Economic Planning (MOFEP) subsequently requested for a disbursement of the approved loan and issued a Sovereign Guarantee to secure the entire $17Million facility.

The Sovereign Guarantee, dated 7th December, 2006 to Stanbic Bank Ghana Limited, was signed by Dr. Akoto Osei.

By a term sheet dated December 7, 2006 Stanbic Bank Ghana Ltd granted the term loan of US$5,000,000.00 (Five million United States Dollars) to the Government of Ghana.

The $5 Million and interest on it was to be repaid in full within 36 months from the date of drawdown, and had October 26, 2009 as the Final Repayment date.

As of October 31, 2009 days after all outstanding amounts on the loan account should have been cleared, however, an amount of $883,332.00 was still owed to Stanbic Bank.

Mr. Akoto Ampaw, lawyer for the Chief Executive of the Ghana@50 Secretariat, had written to the Commission of Inquiry (Ghana@50) on December 8, 2009 denying his client’s knowledge of any transaction with Stanbic Bank.

In the said letter, which was titled: RE: CONTINUING INVESTIGATIONS OF THE COMMISSION OUTSIDE THE PUBLIC DOMAIN, and published by the New Crusading Guide of December 9, Mr. Ampaw complained that the Commission had written to Dr. Wereko-Brobby, ‘requesting for information in respect of a loan transaction between the Government of Ghana and Stanbic Bank Limited’ and that ‘he knows absolutely nothing about the transaction referred to in your letter.‘

According to Akoto Ampaw, ‘Neither the Ghana @ 50 Secretariat nor the National Planning Commission entered into any loan agreement with Stanbic Bank, either directly or through the Ministry of Finance and Economic Planning.’

Lawyer protests open inquiry into M&J scandal

CHRAJ Boss Emile Short
CHRAJ Boss Emile Short
A legal practitioner, Nana Ato Dadzie, has raised issues over the decision of the Commission on Human Rights and Administrative Justice (CHRAJ) to institute an open inquiry into the Mabey & Johnson (M&J) scandal.

Nana Dadzie, who is also a solicitor and counsel for Dr Ato Quashie, one of the persons mentioned in the M&J case, in a letter to CHRAJ, was of the opinion that the Commission ought not to be stampeded into an open inquiry in the M&J case when the very documents which formed the basis of the said allegations raised against the officials were unavailable or inadequate, as the Commissioner of CHRAJ, Mr Justice Emile Short himself stated recently.

According to Nana Dadzie, CHRAJ's insistence on the probe would amount to double standards when, in February 2010, Mr Short had made a public pronouncement that CHRAJ "is unable to proceed with the M&J allegation probe because it has not received all the documentation on the allegations it seeks to investigate".

He further stated that after reviewing the certified copy of the Regina vrs Mabey and Johnson case decided by the Southwark Crown Court dated 25/9/09, Suit No T20097513 forwarded to the solicitors by CHRAJ, he and his colleagues who constituted the defence counsel could not but agree with CHRAJ that "the said document cannot form the basis without more of any credible allegations for which a competent constitutional, legal and juridical body like CHRAJ would want to subject our client to any form of public enquiry".

"Like CHRAJ, our client does not have access to all the documents which form the basis for the said allegations. Our client is not expected to respond to the allegations the basis of which is uncertain and which he has no access to," he added.

He further stated that "a cursory reading of the judgement of the Southwark Crown Court referred to various other documents, material and private arrangements which went on between Mabey and Johnson and the SFO (UK), matters which were neither brought before the court nor seen by their clients".

Nana Dadzie further stated that "the SFO, at Paragraph 194 of the ‘Prosecution Opening Note’ to the Southwark Crown Court, stated with emphasis that the SFO decided not to mention the names of certain directors, executives and employees of M&J at this stage because they may face trial in English courts".

He said the SFO further stated that "the fact of the naming of certain directors, executives, employees of M&J and any others should not be taken by this court, the public and press as determinative of guilt of any of the persons named in this opening note. In the interest of fairness to those who are under investigation, no settled view concerning the culpability of individuals; whether named here or not, has been made".

"If investigations are yet to be concluded concerning a number of unnamed and unidentified individuals allegedly involved in the case, then who are the alleged accusers of our clients for which a public inquiry is being held here in Ghana," he asked.

Nana Dadzie claimed that the officials were never charged nor called as witnesses, nor were they party in the Southwark Crown Court trial, yet the English judge appeared to have admitted as fact allegations assumed against the Ghanaian officials by persons (new directors of M&J) whom they had never seen, met nor dealt with and whose alleged admissions in court their clients never had the opportunity to challenge nor test.

Strangely enough, he said, the former directors who were in office at all material times had not been charged, prosecuted or given evidence in any case in which their clients were mentioned.

He also re-affirmed the officials’ earlier objection to CHRAJ's jurisdiction to investigate allegations of corruption against them, since they were not public officers while those still in public office were not being investigated for allegations of impropriety with respect to their current office.

Nana Dadzie was of the firm belief that the judgement of the Southwark Court was of doubtful constitutional, legal and evidentiary value under Ghana's criminal jurisprudence and a gross violation of all known natural laws, more especially their client's right to a hearing before being condemned, as happened in the Southwark Crown Court Case.

"I wish to state that my clients cannot be part of the projected public inquiry when they, like CHRAJ itself, have no access to documents and records in this case, in spite of various unsuccessful public and private overtures by CHRAJ to relevant public bodies and individuals in the UK and Ghana 'fishing' for some evidence," he said.

He threatened that their clients might have no choice under the circumstance but apply for a restraining order against CHRAJ from competent legal authorities in the event that the appeal by their clients to the law arid the Constitution of Ghana was not acceded to by CHRAJ.

For the avoidance of doubt, Nana Dadzie added that their clients re-affirmed their earlier denial that they ever received any bribe whatsoever from M&J or any other company or individual to influence any decision they took in their former public office.

Meanwhile, the Patron of the Democratic Freedom Party (DFP), Dr Obed Yao Asamoah, commenting on the issue, has accused Mr John Hardy, an international prosecutor, who was in the country recently, of pre-judging the case.

According to Dr Asamoah, Mr Hardy's conduct fell below the expectation of the legal profession.

"Some persons are expected to appear before CHRAJ, Hardy was here to pronounce the affected persons guilty. That was not proper,” he said.


Source: Daily Guide/Ghana

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