By Stephen Kwabena Effah
November 22, 2011
The State has commenced contempt proceedings against the Managing Director and three other staff of First Allied Savings and Loans Ghana Limited for allegedly refusing to comply with an order to release a deed of assignment to the police for investigation into a fraud case.
Although an Accra Circuit Court on June 8, ordered the management of the bank to release the original copy of a deed of assignment issued it after the sale of a property at the Takoradi African Township to enable the police investigate a fraud case against the bank and others, it has failed.
The bank is said to have connived with four others to falsify the deed of assignment to cover the purported sale of the private family property in Takoradi to the company, which is being used as its office.
Owners of the property consequently lodged a complaint with the police which filed an application at the Circuit Court for the release of the said deed of assignment between the bank and the four, Dora Boaku, Kobina Esoun, Charity Quayson and Donald Quayson for investigation
According to Assistant State Attorney Kwame Amoako, though the MD, Andre Lalumiere, and the three staff of the bank, Nana Yaw Oduro, Yaw Berhene and Mavis Osei Agyemang were duly served with the court order, they have refused to comply.
An affidavit in support of the motion for an order of committal for contempt, Detective Inspector Joseph Kwame Mensah Tetteh claimed that on June 20, he, on behalf of the police, delivered a copy of the said court order to management of the bank in Kumasi.
He said he made an entry of the copy which was received and signed by Berhene, Head of Administration at the bank, into the Police Messenger’s Receipt Book.
“Much as I tried and waited, the bank refused to release the said deed of assignment to me,” Inspector. Tetteh, claimed.
According to him, on Agust 12, court bailiffs duly served the contemnors a copy of the court order, and thereafter, made persistent demands on them to release the document to assist the police in its investigation but to no avail.
He averred that when it became clear that the contemnors were not minded to obey the court order, he caused a reminder to be served on Mr.Berhene at the bank’s headquarters in Kumasi on August 25.
“Even though the respondents were duly reminded of the court order, they still refused to obey the court,” he said.
Further, he said he caused yet another and final reminder to be served on Osei Agyemang, an Adminstrative Officer at the bank’s headquarters in Kumasi on September 22, but they still refused to comply with the court order.
Accordingly, he is praying the Accra Fast Track High Court to punish the contemnors for “their flagrant disobedience to the order of the Circuit Court”.
The case is scheduled to be heard by the court presided over by Justice Edward Amoako on December 5.
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