The Criminal Division of the Accra High Court has been told that the Office of the Vice President wrote to the Commissioner of the Customs Division to release bags of imported rice which has led to the latest prosecution of three persons by the Special Prosecutor.
The said documents from the office of the Vice President addressed to the Commissioner of Customs had demanded a release of the goods imported by the petitioner to the first accused person(A1) because the office of the vice president wanted to use the rice for Ramadan.
Four persons Issah Seidu, James Keck Osei, John Abban, and Peter Archibold Hyde have been charged in a matter in which a businessman who was battling another businessman over ownership of the same goods had filed a complaint at the Office of Special Prosecutor.
Keck Osei together with three others Issah Seidu, National Insurance Commission, Customs Officers John Abban, and Peter Archibold were charged and arraigned on Monday, February 13, and pleaded not guilty.
In Court on Monday, before Justice Comfort Tasiame, three of the four pleaded not guilty to the charge of failing to comply with a lawful demand of an authorised officer.
“One deputy commissioner was asked to look into the issue and report back and her findings were that the documents presented by A1 (Issah Seidu) were fake and the petitioner was the owner of the goods and should be allowed to clear them. Instructions were given for the release of the goods to the petitioner. On hearing this A1 rushed to the court to file a civil suit against the petitioner and GRA,” Prosecutor at the Office of Special Prosecutor Emmanuel Basintele told the court.
“He thereafter sought to injunct them to prevent the GRA from releasing the goods to the petitioner,” he said.
The prosecution added: “It was at this point that the petitioner said he had come across documents from the office of the vice President addressed to the commissioner of customs to release the goods imported by the petitioner to A1 because the office of the vice president wanted to use the rice for Ramadan.
“The petitioner has no relationship with the OSP. He is just a Ghanaian who wants to prevent corrupt officials from unlawfully taking his goods from him.”
Bail
The Court presided over by Justice Comfort Tasiame granted bail to three out of four persons who appeared before the court on Monday.
Even though the Prosecutor from the OSP Office Emmanuel Basintele said he was not opposed to the granting of bail for three accused, he opposed the bail of the first accused.
He said the first accused person has not been cooperating and that shows outright disrespect to the office of the OSP.
The court after listening to the parties admitted the fourth accused person to a self-recognizance bail. The first and second were admitted to bail in the sums of GHc10, 000 each. In respect of the first accused, the court said he must report to the case investigator, while the second accused is to report to the OSP every Monday until the final determination of the case.
The third accused who was absent from court is said to be sick while the case was adjourned to March 13.
Four persons including three public servants and one civil servant have been arrested and charged by the Special Prosecutor for failing to comply and declare sources of income in contravention of regulation 20 of L.I 2374.
Brief facts
The brief facts as presented to the court were that, the First, Third, and Fourth Accused are public servants while the Second Accused is a civil servant.
It said the Accused are all suspects under investigation in respect of corruption and corruption-related offences regarding the importation from Thailand and auction processes of two hundred and fifty (250) metric tons of Lele rice.
It stated that the evidence will establish that in December 2022, the Special Prosecutor, in the performance of his functions, served on the Accused, respectively, notices to declare their property and income under regulation 20(1)per Forms 11A and 11B of the First Schedule of the Office of the Special Prosecutor (Operations) Regulations, 2018 (L.I. 2374).
“The Accused were duly notified, as per the statutory forms and by cover letters under the seal of the Office of the Special Prosecutor and the seal and mark of the Special Prosecutor, that they were required by law to make the specified declarations and return same to the Office of the Special Prosecutor as per Form 12 of the First Schedule of L.I. 2374, within thirty (30) days of the service on them of the notices as per Forms 11A and 11B of the First Schedule of L.I. 2374.
“As at the close of business on 9 February 2023, the Accused had failed, without lawful excuse, to return the duly completed statutory forms to the Office of the Special Prosecutor, more than thirty (30) days after the service of the forms on them,” It stated.
The Accused Persons have been duly charged with the respective offences on the charge sheet.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
