GHANA: $850,000 fraud case takes another turn

The $850,000 fraud case involving two lawyers took another turn Thursday when the trial judge who had been authorised by the Chief Justice and the Attorney-General to hear the matter told parties in the case that he had been restrained from further hearing the matter by a High Court judge. The trial judge, Mr D. E. K. Daketsey, told the prosecution and the defence teams that he had been served with an order of injunction restraining him from hearing the case until the determination of a suit brought against him by the two lawyers. According to the judge, the lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing charges of forgery and fraud, sought the order from the Human Rights Court, presided over by Mr Justice U. P. Dery, last Friday. According to counsel for the two lawyers, Mr James Agalga, November 12, 2009 had been fixed for hearing the motion for an order of prohibition directed at the judge whom his clients had accused of making bias statements against them. The prosecution had stated that the two allegedly prepared a Deed of Assignment, unknown to the complainant, Gordon Etroo, scanned his signature on it, registered it at the Lands Registry and presented it to Howard Eric Ewen, the Managing Director of Keegan Resources, who also signed. On March 18, 2007, the two allegedly forged a judgement titled 'Axex Company Limited versus four other defendants' and inserted an order by a High Court judge for the recovery of a mine known as Bonte Esaase Gold Mine. According to the prosecution, the two lawyers, without the knowledge of Samuel Etroo and Mr Kwame Opoku, initiated a civil suit number BL35/07, as 'Kwame Opoku versus Sametro Company Limited'. However, the two have not appeared before the court to answer the charges. The trial judge, Mr Daketsey, who did not disclose the grounds of the injunction, said he had since been served with a writ of prohibition by the two lawyers. The lawyers were said to have sought the order on the grounds that the judge was likely to show bias if he went ahead to hear the case against them. The judge told prosecutors and defence lawyers that he had instructed his solicitors to contest the case because he had no personal interest or whatsoever in the case. He also told the parties in his chambers that he felt aggrieved because the two lawyers had, on a countless number of occasions, refused to appear in his court to answer charges levelled against them. Obviously aggrieved at the turn of events, Nana Ato Dadzie, who is counsel for the complainant in the case, told journalists that the common practice was for the lawyers to be in court to state why they were absent. He said the case had had a chequered history because it took more than two years for the lawyers to be put before court. He said the Attorney-General called for the docket for study and on October 22, 2008 she formally wrote to the court authorising it to proceed with the case, adding that the Chief Justice had also authorised the judge to hear the case. Nana Ato Dadzie said although the two lawyers were at liberty to go for a prohibition order, he was of the view that such antics were calculated to frustrate the court process. He also indicated that his client was an interested party and he, therefore, intended to join the suit the Human Rights Court. He further indicated that the interest of justice would be served if all parties had their day in court. No definite date has been fixed for the hearing of the criminal matter due to the latest twist. Source: Daily Graphic/Ghana

Asabee saga: Egbert Faiblle protests 'surprises' from prosecution

Last Updated: Thursday, 27 August 2009, 22:29 GMT Previous Page

Asamoah Boateng Lawyers for ex-deputy Information Minister Frank Agyekum, have protested what they say are surprises from the state prosecution. A member of the team, Egbert Faibille said they were completely caught unaware when the prosecution introduced a third charge; deceit of public official, in addition to two earlier charges against the ex-deputy Minister. “At the last date we were supposed to come and respond to the brief facts of the case as stated by the prosecution. We only come to court today and then we are given a new charge sheet with a new sheet number. When we looked at it, we realized that Frank Agyekum’s counts have been increased to three,” Mr. Faibille told Araba Coomson after court hearing on Thursday. “We think that the prosecution can do whatever they want to do in relation to whatever charges they want to bring,” he said, but was quick to add that the defense must given enough time to respond appropriately. “What we wouldn’t want is for anybody to spring surprises on us because we don’t think it is fair and proper when the force of state are raised against you for the same state to use surprises as an element in its conduct of its case.” The prosecution led by Chief State Attorney, Anthony Gyambiby accused Frank Agyekum of seeking the release of some 86,915.85 from the Finance Minister as payment for renovation work done in the ministry in 2008, when indeed no such renovation had taken place. The Defence subsequently appealed to the Presiding Judge, Charles Quist to adjourn sitting in order to study the new charge and provide appropriate defense, a request, granted and a new date set on September 8, 2009. Mr Faibille, told Araba Coomson that the new charge cannot be justified and defense will prove the innocence of their client when it becomes necessary. Whilst the ex-deputy Minister had his charges increased, the then substantive Minister, Asamoah Boateng had his charges reduced from seven to two. He now faces charges of conspiracy to commit crime and breach of sections of the Procurement Law. Asamoah Boateng, his wife, Zuleika Asamoah Boateng, ex-Deputy Information Minister Frank Agyakum and five others were hauled before the courts for a contract awarded to Plexifom Ventures in 2008. The contract worth GH¢86,915.85 was in relation to renovation works done at the Ministry of Information in which the prosecution claims that the right procedures were breached. Story by Nathan Gadugah/Myjoyonline.com/Ghana

FIDA-Ghana holds workshop on human rights

NEW. Watch live television from Ghana plus the latest Ghanaian movies plus OBE TV.

at Asesewa

Asesewa (ER), Aug. 21, GNA - FIDA- Ghana, a non-governmental organization (NGO), on Thursday held a workshop at Asesewa to create awareness of the existence of the human rights law in the country, its contents and implications.

It was also aimed at empowering disadvantaged women with the necessary knowledge and information on their rights as well as the legal tools to enable them defend those rights. The participants mostly women were educated on topics such as the Intestate Succession Law, Domestic Violence Law and the three different types of marriages in the country. Mrs Chris Dadzie, Past President of FIDA, expressed concern about situations where defilement cases are settled at home and the perpetrators asked to pay paltry sum of money and allowed to go free of charge.

She said that in most cases those victims were not allowed to go to hospital for examination, a situation which could result in their inability to have children in the future.

Mrs Dadzie was not happy about reported cases of men assaulting their wives on the least provocation, saying, "A house where there should be peace is rather turning into a boxing ring". She advised women to report such assault cases to the appropriate quarters for redress, adding that, it was about time men did away with the erroneous impression that it was their right to beat their wives. Mrs Dadzie appealed to the police to treat those assault cases as an offence anytime it was reported to them and not to turn the victims away.

She also educated the participants on the HIV/AIDS pandemic and urged all to guard against leading promiscuous lives. Mrs Afua Addotey, Vice-President, FIDA-Ghana, mentioned the types of marriages in the country as the Ordinance, Customary and Moslem. She advised marriage couples to register their marriages to avoid any confusion on the death of a partner. Mrs Addotey also advised parents to ensure that their daughters were properly married before allowing them to go and stay with a man.

Source: GNA

Conduct of BNI: Two lawyers in legal tussle

The arrest of Stephen Gyimah son of the ex National Investment Bank boss Daniel Gyimah by the Bureau of National Investigations on Monday has opened yet another legal quandary.

Ace Ankomah a legal practitioner and President of the Greater Accra Branch of the Ghana Bar Association said if allegations that the BNI arrested, detained and restricted Mr. Gyimah without access to his lawyers are true, then the BNI is not only breaching the constitution, but “taking its fingers in the eye of the court.”

The BNI has suffered two earlier defeats at the courts for violating the rights of citizens- Mr Sammy Crabbe and Zuleika Asamoah Boateng.

Mr. Ankomah fears the repetition of the same offence will plunge the investigative body and its officials into needless contempt charges.

Whilst appreciating the enormity of the responsibility imposed on the BNI, he said it is in their own interest to operate within the law.

“The person who seeks to enforce the law must operate within the confines of the law,” he said.

He said if the BNI is averse with lawyers, then they must adopt other intelligence led investigations which does not require arrests, detention or restrictions.

But another lawyer disagrees.
Mr David Annan, a lawyer and a functionary of the ruling National Democratic Congress, said there is no law in the country's statutes requiring lawyers to be present before suspects are interrogated.

He said lawyers are only required to represent suspects at the law courts in order to prevent summary trials.

“The reason why right to counsel is important is not that when the interrogation is taking place the counsel has to be there. It is that when he is being sent to court he must have counsel with him because when he is going to court they will ask for bail and if the counsel is not there to explain matters properly and explain issues of law, he may be denied bail.”

He said the law must expressly states that suspects have the right to lawyers from the period of interrogation to prosecution at the courts.

Mr Annan also argued that judgments handed in favour of Mr. Crabbe and Zuleika Asamoah Boateng could not be applicable in other circumstances, insisting those were verdicts of a human rights court and could not be generalised.

“I am always surprised about views to the extent that judgment given at the human rights court is of general application. It is not," he said.

Story by Nathan Gadugah/Myjoyonline/Ghana

Source: myjoyonline - Myjoyonline.com