Court threatens to strike out case agaisnt suspected arsonists

By Stephen Kwabena Effah
Thursday, July 18, 2013

The Accra Circuit Court yesterday warned it will strike out the case against the two people accused of setting ablaze some markets in the country if prosecutors fail to start the case on July 23.

The court, presided over by Mr. Francis Obiri gave the warning when it refused the two accused persons bail at their second appearance.

Prosecutors yesterday told the court that they have concluded their investigations into the case and were ready to begin adducing evidence from next week.

This prompted  Carl Adongo, counsel for the two accused persons, Yakubu Tahiru also known as Rasta and Fatau Ibrahim to repeat his bail application, on grounds that there was no need for the prosecution to hold them in custody once investigations were over.

However, the court refused to grant them bail, stating that the granting of bail was at the discretion of the judge, but was not ready to exercise that discretion in favour of the accused persons.

The two have been charged with counts of conspiracy to commit crime and causing damage to markets within the Accra metropolis but they have denied the charges.

The accused persons were arrested by the police in Accra, after preliminary investigations allegedly found them responsible for some of the fires that had consumed major markets in Accra and Kumasi.

They case has been adjourned to July 23, 24 and 29.

Deeba challenges extradition order

By Stephen Kwabena Effah
Thursday, July 18, 2013

Ghanaian fugitive and hip life musician, Deeba Acheampong, has filed a formal appeal at the Accra Fast Track High Court challenging the order for his extradiction to the United Kingdom where he is wanted for prosecution.

The appeal which was filed on July 15, by his counsel, Augustine Obour, is expected to be heard on July 22 by the court presided over by Justice Edward Amoako Asante.

His lawyers had earlier filed a habeas corpus application which they argued constituted an appeal in extradition proceedings, but the court disagreed with them, describing that argument as unfounded in law.

Consequently, it gave the musician up to yesterday to file a proper appeal, setting out the grounds, and serve it on the Attorney General’s Department.

Deeba's habeas corpus motion doesn't hold- Court

By Stephen Kwabena Effah
July 12, 2013

A Fast Track High Court in Accra has ruled that the Habeas Corpus (produce in person) motion filed by popular hip-life musician, Deeba Acheampong, cannot constitute an appeal against the order for his extradition to the United Kingdom where he is wanted for prosecution.

Lawyers for the musician who is alleged to have raped his eight-year old step daughter had argued that in extradition proceedings, habeas corpus application as captured by the extradition law was an appeal.

However, the court presided over by Justice Edward Amoako Asante rejected that argument describing it as “unfounded in law”, and gave the fugitive up to July 17 to file a proper appeal setting out the grounds and serve it on the Attorney General Department.

The court held that habeas corpus application in law means to produce the body of a person in detention and justify the continuous detention of the said person, and cannot be an appeal as argued by Augustine Obour, counsel for Deeba.

Betty,Odro wrote to justify Woyome's claims

By Stephen Kwabena Effah

June 11, 2013

Lawyers for businessman Alfred Agbesi Woyome, yesterday tendered in evidence, three letters written by former Attorney General, Betty Mould-Iddrisu and her Deputy, Ebo Barton-Odro, to the Ministry of Finance justifying claims made by Mr. Woyome against the State.

Per the three letters, the former Attorney General and her deputy advanced reasons for the legitimacy of Mr. Woyome’s claims against the State and accordingly requested the Minister of Finance to pay Mr.Woyome.

Two of the letters dated April 11 and April 29, 2010 were written by Mrs. Mould-Iddrisu while the other one dated March 29, 2010 was written by Mr. Barton-Odro.

The three letters were tendered through the acting Chief Director of the Ministry of Justice, Mr Suleiman Ahmed, when he mounted the witness box yesterday to continue his evidence under cross-examination by Sarfo Buabeng, counsel for Mr. Woyome.

Mr. Woyome is being tried for defrauding by false pretences and causing financial loss to the state; charges he has denied since June 5, 2012. Three other alleged accomplices who were put before court with him were discharged on June 5, 2012 following a nolle prosequi by the state.

What’s in the Phrase? The Tales of Ghana’s Trotro Drivers

They are mostly wobbly, crowded and little fun to ride. But every first-time visitor to Ghana and even Ghanaians look amazed at the taxi minibuses called trotros for their often thought-provoking inscriptions. So what’s the philosophy behind these phrases? Stephen Kwabena Effah explores the meanings.

ISOFOTON to refund US$325,472 Judgement Debt

By Stephen Kwabena Effah

June 22, 2013

The Supreme Court yesterday laid to rest, one of the country’s questionable judgement debts when it ordered Spanish energy firm, Isofoton SA, to refund to the Government of Ghana, some US$325,472 and all other monies paid to it as judgement debt in March 2011.

Bench warrant for ex-NIB Boss

By Stephen Kwabena Effah

June 21, 2013

A bench warrant has been issued for the arrest of former Managing Director of National Investment Bank, Daniel Charles Gyimah, who is standing trial for fraud in the importation of Indian rice into the country by the government in 2008.

Court summons former Attorney General

By Stephen Kwabena Effah

June 18, 2013

The Accra Commercial Court has ordered former Attorney General Joe Ghartey, to appear before it next Monday to give evidence in the case in which six Ghanaians are challenging the government’s sale of 70 per cent shares in Ghana Telecom to Vodafone.

It has accordingly directed that a hearing notice be served on him by June 20.

Mr. Ghartey who was served with a subpoena and a hearing notice on June 14 through the Clerk of Parliament, was expected to have appeared in court yesterday but when the case was called at exactly 12:45pm, he was absent; prompting the judge to give the order.

He is expected to give evidence on the Sale and Purchasing Agreement (SPA), as well as matters relating to the sale of the 70 per cent shares to Vodafone International in July 2008 for 900 million dollars.

'Refund All the Money' - Supreme Court Orders Waterville

By Stephen Kwabena Effah

     June 15, 2013

The Supreme Court yesterday ordered Waterville Holdings (BVI) Limited to refund to the State an amount of 25 million Euros paid to them in 2010.

In its judgement the nine-member panel of Justices unanimously declared as unconstitutional the basis on which the amount was paid to the construction firm.

It, however, declined to order businessman Alfred Agbesi Woyome to refund the GHC 51 million paid to him by the State in judgement debt on jurisdictional grounds, since the issues relating to Mr. Woyome are matters within the purview of the High Court trying the case.

According to the court, the issue that Mr. Woyome has no contract with the government and should not have been paid any money is an issue for determination by the Commercial Division of the High Court.

The court held that the two agreements on stadia projects dated April 26, 2006 which formed the basis of the payment in 2009 was “inchoate” in view of the fact that the government on August 1, 2006, cancelled the contracts, rendering them null and void.

NLC drags Fair Wages, Pharmacists to court

By Stephen Kwabena Effah

      June 13, 2013

The National Labour Commission has applied to the Accra Financial High Court to compel members of the Government and Hospital Pharmacists Association (GHOSPA) to call off their strike action which has caused major upset in government health facilities across the country.

It is further seeking an order compelling the Fair Wages and Salaries Commission to enforce its (NLC) judgement of January 25, 2013 relating to the conversion difference of the members of GHOSPA.

The case, which came up in court yesterday, was, however, adjourned when it emerged that the NLC was short-served with the affidavits in opposition filed by the GHOSPA and FWSC on June 11 and yesterday, respectively.

When the case was called, counsel for NLC, Afiba Amihere, told the court, presided over by Justice John Ajet-Nasam, that in view of the short service of the respondents’ affidavits on them, they would need time to study it and respond appropriately.

She said that has become necessary because of certain depositions made by the FWSC in their affidavit in opposition which she described as “highly unprofessional”, hence prayed the court for time to clarify those issues raised therein.

“My lord, they (FWSC) are taking all of us for a big ride,” she told the court.

Gbagbo ally fears torture, killing in home country

By Stephen Kwabena Effah

     June 13, 2013

The former Ivorian Budget Minister, Justin Katinan Koné, has told a Magistrate’s Court in Accra that he would be killed if extradited to Ivory Coast where he is wanted for prosecution over an alleged robbery.

Although, he said he was ready to defend himself on the charges of conspiracy and robbery in his home country, he claimed, “they will torture me and eventually kill me”.

Mr. Koné, who is also the spokesman for former Ivorian President, Laurent Gbagbo, and has been in Ghana as a refugee since April 2011, is facing extradition proceedings in Accra following a warrant issued by the Ivorian Government.

He has since his arrest on August 24, 2012 by Ghana’s security agencies, been fighting his extradition before the Magistrate’s Court presided over by Mr. Aboagye Tandoh.

To avoid extradition, Mr. Kone is expected to lead evidence to establish that there is no extradition treaty between Ghana and Ivory Coast, as well as evidence that the charges on which he is being sought for is politically motivated.

Kone Accuses Ivorian Government of Political Victimisation

By Stephen Kwabena Effah

June 12, 2013

Justin Katinan Kone, Spokesman for former Ivorian President Laurent Gbagbo, has described attempts by the Ivorian Government to have him extradited to that country to face robbery charges as politically motivated.

He told a Magistrates’ Court in Accra yesterday that there was no justification whatsoever in the attempts to extradite him to Ivory Coast where he was wanted for prosecution on 20 counts of conspiracy and armed robbery.

“I did not commit any of these offences. I think that the case is a political case,” he told the court when he mounted the witness box to give evidence in the ongoing extradition proceedings against him.

Per extradition documents issued by the Ivorian authorities to their Ghanaian counterpart, Mr. Kone, was said to have conspired with some people and led troops to rob banks in Abidjan on April 19 and April 20, 2011.

However, Mr. Kone, who is in Ghana on a refugee status, yesterday told the Magistrates Court hearing the extradition proceedings that he was in Ghana at the time that the alleged robbery was said to have taken place.

“I left my home 10 days before our president (Gbagbo) was overthrown...From March 27, 2011 to today, I have never put any foot in my office in Abidjan. It is therefore not possible to have led our troops to rob any bank,” he said in his evidence to the court yesterday.

Deeba To Be Extradited To UK

Stephen Kwabena Effah
June 8, 2013

A Magistrate Court in Accra yesterday ordered the extradition of popular hip-life musician, Deeba Acheampong, to the United Kingdom where is alleged to have raped his eight-year old step daughter.

The Interior Ministry is expected to prepare the extradition order as per yesterday’s ruling for the court’s approval before Deeba, who has a 15-day window of appeal, is extradited to the UK.

His lawyer, Augustine Obour told journalists after proceedings that he would apply for a copy of the ruling by the Magistrate, Aboagye Tandoh, and consider the next line of action to take in the case.

The Ghanaian fugitive has been fighting extradition since his arrest in January this year at the La Palm Royal Beach Hotel in Accra during an undercover operation for alleged rape and assault of his step daughters.

The court said yesterday that it found as a fact that prima facie case has been made against Deeba on the five counts of defilement under Ghanaian laws ( under UK laws, the offence fall under rape) which was preferred against him for the purposes of the extradition proceedings.

“Having considered the totality of the evidence, I am of a candid opinion that a prima facie case has been made against him on the charges of defilement,” Mr. Tandoh said and remanded Deeba to Prison custody pending this extradition.

The court, however, discharged Deeba on the one count of assault since it found no sufficient basis for that charge under Ghanaian laws to meet the extradition law.

This means that Deeba upon his extradition would be tried only on the charges of rape.

According to the court, the charge of rape as Deeba was charged under the UK laws and defilement under Ghanaian laws is within the scope under the Extradition Act 22, 1960, indicating that the charge is not politically motivated.

“I find as a fact per a summary of evidence before me that the charges are not politically motivated,” Mr. Tandoh said.

The Magistrate rejected the defence team’s claim that Ghana and UK has no extradition agreement, noting that Ghana upon attainment of independence from the British rule inherited an extradition agreement between the Britain and UK.

In December 2012, INTERPOL Accra received a request of arrest warrant from its counterpart in London to the effect that between 2005 and 2008, while living in the UK, the accused person had a relationship with a woman who already had two daughters, aged eight and six, from her previous relationship.

Subsequently Deeba and the woman had two children from their union.

Initially, they lived separately but when the woman went on night shift Deeba took care of the home and cared for the children.

That, prosecutors said, continued until September 2008 when Deeba returned to Ghana to pursue his musical career.

But two weeks after his departure from the UK, Deeba’s step-daughter told her mother that her Deeba had sexual intercourse with her on several occasions whenever her mother went to work at night.

According to prosecutors, on those occasions, Deeba invited the girl into the bedroom to watch pornographic films with him, after which he would lay her on the bed, kiss her mouth, apply baby oil on his penis and have sex with her.

The little girl also alleged that the accused person sometimes had anal sex with her and that after each act he put a sanitary towel in her panties to avoid evidence of bloodstains and also hid his stained bed sheet.

She further alleged that Deeba threatened to beat her if she disclosed the acts to anyone.

Deeba, prosecutors said, assaulted the little girl’s sister between June 1 and 4, 2008 when she attempted to satisfy her inquisitiveness about what was happening to her sister and that led to a cut on the back of the girl’s head.

A medical examination on the little girl by a forensic physician, Dr. Ainsley Kassie, revealed extensive damage to her hymen as a result of vaginal penetration.

Deeba was said to have denied the offence when he was confronted by his fiancée, who later lodged a complaint with the Police, following which a warrant was issued by the Northampton-Shire Magistrate’s Court for the arrest of the accused person.

Deeba was arrested at the La Palm Royal Beach Hotel in Accra during an undercover operation.

He has, however, denied the offence in his caution statement to the Police

Of Banners and Spellings

Produce Police Officer: Court Orders BNI, AG

By Stephen Kwabena Effah
January 10, 2012

The Human Rights Court has ordered the Director of Bureau of National Investigations (BNI) and the Attorney-General (AG) to produce Deputy Superintendent of Police (DSP) Gifty Mawuenyega before the court tomorrow to justify why she is being held in custody.

DSP Mawuenyega, who is the Deputy Commander at the Commercial Crime Unit at the Police CID Headquarters, is being held for her alleged involvement in the cocaine-turned-baking soda saga that led to the acquittal and discharge of the suspect, Nana Ama Martins.

However, following an ex-parte motion for an order of habeas corpus, the court presided over by Justice Kofi Essel Mensah, ruled yesterday that the reason for DSP Mawuenyega’s continuous detention was unknown.

He consequently ordered the two respondents to produce the body of DSP Mawuenyega to show cause to the court as to why she had not been granted bail since December 29, when she was detained by the BNI

Moving the motion yesterday, counsel for DSP Mawuenyega, Mr. Oliver K. A. Dzeble, told the court that his client who is a police officer was arrested by the BNI on December 29, 2011 and has since been in custody.

According to him, DSP Mawuenyega is only suspected to have played a role in the trial of a narcotic suspect, Nana Ama Martins, who was acquitted and discharged by an Accra Circuit Court.

He described as “unreasonable,” the continuous detention of his client beyond the 48 hours prescribed under Article 14 of the constitution, and argued that “the reason for her detention does not constitute a criminal offence.”

DSP Mawuenyega’s arrest followed investigations commenced by the BNI to establish the circumstance under which the cocaine, which had been tendered in evidence as exhibit, mysteriously turned into sodium bicarbonate.

The investigation was ordered by President John Evans Atta Mills, and the BNI has since January 6, presented its report to the President. The contents of the report are yet to be made public.

17 Granted Bail Over La Riot

By Stephen Kwabena Effah
January 10,2012

The 17 persons arrested for their alleged illegal take over of the La Pleasure Beach Resort in Accra from the legitimate operators have been granted bail by an Accra Circuit Court, warning that it will rescind the bail in the event of any unrest in the area.

Each of them was granted GH¢5,000-bail with two sureties yesterday after they had all pleaded not guilty to two counts of being on the premises for unlawful purposes and offensive conduct with the intent to breach the peace.

They are Abdul Rashid Boi-Nai, Roland Tetteh Fio, Eric Ofoli Quaye, Anum Feehi, Robert Moffat, Samuel Annang Laryea, Ako Sowah, David Nai Mensah and Leeford Vemo Tetteh.

The rest are Ako Odoi, Norbert A.Sowa, Nicholas Adjei Annan, Henry Abbey, Abraham Tetteh, Jonathan Adjei Laryea, Dornu Abbey and Sowa Tawiah.

Counsel for the accused persons, Mohammed Sahnoon, informed the court yesterday that the complainants in the case, the La Traditional Council, had approached the respondents to have the matter settled out of court.

But the prosecutor in the case, Deputy Superintendent of Police (DSP) E.Y Frimpong told the court that it had not been brought to his notice, saying “I am not aware of any move to settle the case, the complainant has not indicated to me of any settlement”.

All the same, he said he would consult with the complainants on the new development and accordingly inform the court presided over by Ms. Audrey Kocuvie-Tay on the next adjourned date of January 18.

The case as presented to the court was that the accused persons violently and unlawfully took over the management and operation of the La Pleasure Beach Resort from the legitimate operators.

According to the prosecution, without any authority, the 17 went to the resort and took over from the legitimate toll collectors.

The prosecution told the court that prior to the arrest of the accused persons, the La Traditional Council wrote to the Police to complain of the accused persons’ behaviour and requested for their intervention.

Consequently, the Police on January 4, embarked on operational duties at the resort and arrested the accused persons who were said to be obstructing the officers of the resort from performing their legitimate duties.

“The accused persons had not lodged any previous complaints to the council for which the council failed to act, warranting their illegal take over of the La Pleasure Beach Resort,” the police told the court.

The prosecution said they also did not have any authority empowering them to sack the officers who had been assigned by the La Traditional Council to man the resort.

Girl, 15, Consults Herbalist at Mid-Night Gets Defiled

By Stephen Kwabena Effah
January 6, 2012

A 15-year old girl who aborted a planned December 31 All-Night Church Service to consult a herbalist for retentive memory to enable her to do well in class, rather ended up been sexually assaulted by the 25-year-old herbalist.

The herbalist, Gamado Sylvanus, also known as “Scorpion,” is said to have bathed the girl (name withheld) with a concoction prepared with leaves after which he put some of the leaves under a pillow in his bedroom and asked the victim to sleep on it.

The victim then fell asleep at which point “Scorpion” allegedly had sex with her, and gave her GH 1 the next morning as transportation from Tabora to her house at New Achimota in Accra.
“Scorpion” was arrested by the police and was yesterday arraigned before the Accra gender-based violence court and charged for defilement.

His plea was not taken and had been remanded in police custody to assist in investigations. He is to January 9.

ASP Sarah Acquah told the court, presided over by Justice Georgina Mensah-Datsa, that the victim lives with her guardian at New Achimota while the accused, lives at Tabora, all suburbs of Accra.

On December 31, 2011, she said the victim contacted “Scorpion” that she wanted rituals for retentive memory, following which he called her on phone at about 11:00pm to come to his house for the said rituals.

According to the prosecution, the victim told “Scorpion” that she was attending a an all-might church service with her friends but, aborted it and went to “Scorpion’s” house.

At the place, ASP Acquah said “Scorpion” put some concoction prepared with leaves in water and bathed the victim with it after which he put other leaves under a pillow in his bedroom and asked the victim to sleep on it.

“The accused then had sexual intercourse with the victim while she was asleep. When she woke up on January 1, 2012 at about 6:00am, she felt abdominal pains and realsied that someone had had sex with her,” ASP Acquah told the court.

She said when the victim questioned “Scorpion” as to why he had sex with her; Scorpion could not give any reason and gave her GH 1 for transport to her house.

ASP Acquah told the court that the victim informed her guardian about her ordeal when she got home and the matter was reported to the Domestic Violence and Victim Support Unit of the Police which issued her with a medical form for examination.

“Scorpion” was later arrested and charged for court.

Man Cries Foul- eight-month pregnant wife dies from doc's action

By Stephen Kwabena Effah
January 5, 2012

An alleged gross negligence of a doctor and medical staff of the Kwesimentsim Polyclinic in the Western Region has caused the death of a pregnant woman.

The medical doctor, Dr. Mensah, is said to have gone ahead to give medication to the woman, Ama Adjei, to induce her eight months pregnancy regardless of a pending result of a series of laboratory tests, causing her to vomit and bleed to death.

The husband of the deceased, Samuel Effah, a lecturer at the Takoradi Polytechnic Business School, has consequently petitioned the Ministry of Health, Ghana Health Services, Ghana Medical Association and the Polyclinic to investigate the circumstances that led to the death of wife.

The petition, a copy of which was made available to the press is urging the institutions to investigate the decision to induce the deceased to deliver 35 a weeks pregnancy on the weekend, failure of doctors to attend to his wife when she was bleeding, the absence of personnel to administer blood to his wife and the delay in referring her on time among other concerns.

Recounting the events that led to his wife’s death, Mr. Effah said on December 8, 2011 his wife reported to the poly clinic with headache and was admitted because her blood pressure was said to have been very high.

Mr. Effah said the doctor prescribed a number of drugs for the wife but they could not get two of the drugs from the clinic pharmacy so they were asked to buy them from outside.

He said when he went to a pharmacy shop to get the drugs; a pharmacist told him that one of the medications (Tab Dexamethasons 12G Bd. X2) could be a wrong prescription since the dosage is too high.

In the circumstance, he said he made attempts to reach the doctor on his mobile phone but to no avail and could not also meet him at the poly clinic when he went back to inform him about the development.

He said a nurse on duty at the time, one Maame Esi, told them that the clinic did not even administer tablets of the said drug, so they decided not to buy the poly drug until they had had confirmation from the doctor.

Mr.Effah said that on the next day, December 9, 2011, when he went back to the poly clinic, Maame Esi informed him that “the doctor who prescribed the drug has confirmed that it was a mistake on his part so he has changed it and administered new drug”.

On December 10, 2011, he said Dr. Mensah invited him through his wife to the poly clinic where he was informed that his wife’s blood pressure was fluctuating and that the doctor told him that it could affect the unborn baby and his wife.

“The doctor accordingly suggested to us that the safest thing to do was to induce my wife to deliver in order to prevent the risk of death”, Mr. Effah told the Times.

He said Dr. Mensah told him that since the pregnancy was 35 weeks, old the inducement would not affect the unborn baby and the deceased.

“The doctor said with the inducement, the mother could deliver by herself or could be operated if it became possible,” he said, adding that once the doctor assured him it was safe, he gave the go ahead for the procedure.

Mr. Effah said he then informed the Dr. Mensah about the laboratory test his wife did and the results of which they were awaiting, but the doctor told him “he was okay without the laboratory test results”.

He said when he visited his wife in the afternoon, she had started vomiting. Later in the evening, he said Maame Esi who had then signed off duty called him on his phone to inform him that she needed to give the one who took over from her some information.

According to him, when he enquired as to whether there was a problem, Maame Esi insisted on speaking to the one on duty.

At about 6:30 pm, he said his wife called him on phone to bring her food but when he got there, the nurse on duty prevented him from seeing her since according to the nurse, they had given her a bottle of coke and that the deceased was okay.

Mr. Effah said while waiting, the nurse informed him that his wife’s blood pressure had gone up and bleeding at the same time, contending that the nurse told him that several attempts to reach Dr. Mensah on phone proved futile.

He said the nurse further told him that his wife needed blood transfusion but when they went to the blood bank, the officer in charge to administer the blood was not there and several attempts to get the officer on phone proved futile.

He said at that point, he requested that his wife be transferred to the nearest hospital in view of the emergency nature of her condition, adding “the nurse said she needed a medical doctor to authorize the transfer”.

According to Mr. Effah, the nurse told him that there was no doctor available, so that could not transfer the patient.

However, he said another nurse came around and insisted that the patient be transferred to Efia-Nkwanta Hospital.

Again, he said when the transfer processes were ready after about 30 minutes; they could not get an ambulance.

“As the ambulance was not forthcoming and my wife’s condition was getting worse, I rushed out to get a taxi cab to convey my wife to Efiankwanta Hospital,” he said adding that he was informed upon arrival that his wife was dead already.

He said on December 12, he reported to the hospital to collect a report on his wife’s death and when he enquired about the cause of death, Dr. Mensah told him that she died as a result of loss of blood.

“I asked why he did not come to perform the operation when my wife could not deliver and he said it was too late and risky. He said blood transfusion could have saved her life”.

DON'T WASTE OUR TIME- Judge tells STX partner as she throws out suit

By Stephen Kwabena Effah
December 22, 2011

The legal action brought against the STX Korean partners to disengage them from taking part in the execution of the STX housing project was yesterday dismissed by the Accra Commercial Court on technical and procedural grounds.

The court described the action as “incompetent in law” and a waste of the court’s time, and accordingly awarded a cost of GH¢3,000 against the Ghanaian partner, B.K. Asamoah who initiated the action.

The parties had on November 15, informed the court that they had agreed to negotiate to resolve the shareholding impasse which had resulted in the legal tussle to pave the way for commencement of the project.

However, the court which was expected to hear and adopt the terms of the settlement was informed yesterday that the proposed negotiations between Mr. Asamoah and his Korean partners, STX Korea, had broken down.

Sources close to the Korean partners told the Times after court proceedings that they did not agree with the terms which were drafted and sent to them in Korea to assent.

The court presided over by Justice (Mrs.) Gertrude Torkornoo therefore compelled the Ghanaian partner to move his application which sought a declaration that by the Korean partners’ failure to comply with the country’s investment statute, they cannot be shareholders in STX Ghana to operate in Ghana.

Moving the application, counsel for the Ghanaian counterparts, Carl Adongo, argued that STX Korea ought not to be allowed to operate in Ghana because they have failed to satisfy the requirements under the Ghana Investment Promotion Council Act.

According to him, STX Korea failed to pay its equity contribution in STX Ghana as required under the law, pointing out that the about 10,000-dollar wired to STX Ghana through the Bank of Ghana was a loan granted the Ghanaian partner.

He showed the court e-mail communication in which the Koreans demanded full repayment of the amount.

“Indeed, it is a loan…it cant be said to be an investment,” he said, and added that even if the amount was indeed their equity contribution, they could not turn round to demand repayment with interest.

He said by their action, the Korean partners have breached the investment statute which cannot be compromised and asked the court to declare them non shareholders in STX Ghana.

However, counsel for the Koreans, Mr. Osarfo Buabeng opposed the application on procedural grounds.

According to him, the Ghanaian partner did not follow the right procedure in instituting the legal action against his client saying that since the applicant is challenging the investment in STX Ghana, he cannot initiate the action under Section 21(7) of the Companies Act.

He contended that the applicant ought to have caused the action to be initiated with a writ instead of the originating motion and therefore asked the court to dismiss it.

Upholding the submission by Mr. Buabeng, Justice Torkornoo chastised Mr. Adongo for using unpalatable words in his pleadings, and not taking a cue from the court’s advice on the technical aspect when his attention was indirectly drawn to it.

The action which was commenced on September 27 is against STX Engineering & Construction, STX Construction Co. Ltd and eight other Koreans appointed by the latter to represent them on the former as directors.

The Ghanaian partner claimed that the Korean counterparts breached their obligations under the Joint Venture Agreement by woefully failing to provide all the technical, engineering and construction expertise required for the project, aside its failure to arrange for finances.

In the motion, the applicant contended that the Korean partners on May 6, 2011 wrote a letter to terminate the Joint Venture Agreement of November 15, 2009 and the heads of agreement between the two partners which it duly accepted.

It said having accepted STX Construction Company Limited’s “unilateral decision” terminating the agreements, it has since ceased to be a partner of the STX Engineering and Construction Ghana Limited, which is to execute construction of 200,000 houses.

By the action of STX Construction, the applicant argued that it has “no right of representation on STX E&C Ghana Limited’s board”.

It claimed that the Korean partners’ breach completely prejudiced the success of the project in that it contravened its statutory obligation to make the appropriate investment by way of direct equity contribution as a partner to the project in terms of its obligation as a foreign investor.

The applicant therefore sought among other reliefs, a declaration that by terminating the Joint Venture Agreement and Heads of Agreement, the respondents have renounced their membership of STX E&C

It is further sought an order of injunction restraining STX Construction Co. Ltd as well as its seven directors from holding itself out and or purporting to act or discharge functions as shareholders of STX E&C.

Opposing the claims, the Korean partners indicated that STX Construction Limited still remains a member of the STX E&C an that all its appointees to the board of STX E&C have acted legally and lawfully at all material times.

They said, STX Construction Co. Ltd has paid fully for its 15,000 shares in STX E&C and remitted to Ghana a total of 1,009,964 dollars of which 15,819.21 dollars has been converted to cedis and credited to STX E&C account as its equity contribution.

Again, the respondents claim that STX Construction Co. Ltd has not executed any transfer of its shares, neither have the shares been affected by any law or statute,.

Besides they contended that the Joint Venture Agreement between STX E&C and STX Construction Co. Ltd was merely transitional and was to operate for only six months.

BNI invites Judge, others

By Stephen Kwabena Effah
December 21, 2o11

The Bureau of National Investigations (BNI) has invited four staff of the Judicial Service, including an Accra Circuit Court judge, to assist in its criminal investigations into the circumstances under which a cocaine exhibit mysteriously turned into baking soda.

The four, Mr. Eric Kyei Baffour, the judge who tried the case, Mr. Yussif Seidu, Deputy Court Registrar of the 28th February Courts, Mr. Daniel Nyatsidzi, and Mr. Mubarak Lawal, Clerk and Interpreter of the trial court, were expected to appear before the BNI yesterday morning.

A letter signed by the Judicial Secretary, Justice Alex B. Acheampong and dated December 19, stated that the Chief Justice Georgina Wood has granted the four staff the permission to report to the BNI Headquarters in Accra on December 20, at 9:00 to assist in the investigations.

Sources close to the invitees told the Times yesterday that the four were unable to report to the bureau as requested because they were appearing before the fact-finding committee set up by the Chief Justice to probe the incident.

Mr. George Asamani, counsel for Mr. Nyatsidzi, told the Times after the committee ended its public hearing yesterday that they had written to the BNI to give them a new date since it was impossible to have appeared when they were before the C.J. Committee.

On his part, Mr. Robert Kinsley Yeboah counsel for said they were going to meet with the BNI yesterday afternoon after the committee sitting.

The BNI investigations was prompted by a directive from Vice President John Mahama following the revelation by an Accra Circuit Court that a total of 1,020 grammes of tested cocaine tendered as evidence in court turned into sodium bicarbonate.

The substance, valued at 44,000 dollars which was initially tested as cocaine at the police forensic laboratory, later turned into baking soda upon a re-test. This led to the discharge of Nana Ama Martins who was being tried for possessing the drug without lawful authority last Tuesday.