The Circuit Court at Achimota, presided over by Her Honour Mrs. Akosua Anokyewaa Adjepong, has put the trial of a lawyer and four others, including three siblings, on hold following allegations of forging the late Alhaji Salia’s will.
This development follows the Attorney General’s (AG) Office taking over the case docket from the police after a petition from the complainant, Idris Salia.
Joseph Kwow Addo Sam, Esq., a 52-year-old private legal practitioner, along with Alhaji Seidu Adams Baba, said to be the Chief of Banda in Accra, and three siblings—Abdul Salia (alias Abdallai Salia Junior), Abubakar Salia, and Saeed Salia—have been charged.
The accused faced charges including conspiracy, forgery, altering official documents, and perjury.
Two of the three siblings—Abdul Salia (alias Abdallai Salia Junior) and Abubakar Salia—are currently at large.
However, the police prosecution informed the court that the charge sheet had been amended, dropping charges against all three siblings: Abdul Salia (alias Abdallai Salia Junior), Abubakar Salia, and Saeed Salia.
Unhappy with this development, the complainant, Idris Salia, petitioned the Attorney General’s Office on October 30, 2024.
Trial Put on Hold
On Thursday, November 21, 2024, Dominic Bakoma, a Principal State Attorney from the Attorney General’s Office, informed the court that they had received a petition from the complainant, Idris Salia.
He explained that the AG’s office had contacted the police to recall the case docket to assist with their investigation into the petition.
“In the circumstances, we are praying this court to put the prosecution of this matter on hold to enable us (AG) to delve into the merits of the petition,” the Principal State Attorney told the court.
He further requested an adjournment to allow the AG’s office to update the court on its findings and subsequent decisions regarding the case.
Defense lawyers did not object to the request but urged the AG’s office to expedite action to avoid unnecessary delays.
While granting the request, the court emphasized that it would not entertain unreasonable delays or adjournments. The case has been adjourned to December 23, 2024, for an update from the AG’s office on the petition.
EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that although an amended charge sheet has been filed, the trial remains on hold following the petition.
Brief Facts
According to the case’s brief facts, the complainant, Idris Salia, is a businessman, while the first accused (A1), Joseph Kwow Addo Sam, Esq., is a lawyer.
The second accused (A2), Alhaji Seidu Adams Baba, is the Chief of Banda in Accra.
The third, fourth, and fifth accused—Saeed Salia, Abdul Salia (alias Abdallai Salia Junior), and Abubakar Salia, respectively—are siblings. Their late father was Alhaji Salia Abdullai.
ASP Isaac Babayi stated that following the death of Alhaji Salia Abdullai on June 23, 2021, a will surfaced, purported to be his last will, which was deposited at the registry of the High Court, Probate Division, on May 7, 2004.
The will was witnessed by the now-deceased Tony Kenyin Foli and Alhaji Seidu Adams Baba (A2).
The complainant became suspicious after obtaining a copy of the will and conducting private checks, which revealed that the signatures of his late father, Alhaji Salia Abdullai, and the late Tony Kenyin Foli were forged.
He subsequently petitioned the Director-General of the CID to investigate the matter.
Certified copies of the will were obtained from the High Court Registrar, and a statement previously submitted by Tony Kenyin Foli was retrieved from the Regional Police Headquarters/CID.
Signature samples from the late Alhaji Salia Abdullai were collected from Ecobank, Ghana Commercial Bank, and the Registrar General’s Department.
Both the undisputed and disputed signatures were examined by the Comptroller General of the Ghana Immigration Service Forensic Department and Spotlight Security Solution.
Investigations revealed that the signatures on the purported will and probate form (Judicial Form 35) did not match those of the named individuals.
Conspiracy
It was determined that A1 conspired with A2, A3, A4, and A5 to prepare the forged will of the late Alhaji Salia Abdullai, with A2 signing as a witness to make it appear genuine.
The will and associated probate form were presented to the High Court Registry, and on August 11, 2021, A3, A4, and A5 applied for probate based on the forged will.
The complainant, suspecting the will’s authenticity, petitioned the police.
Joseph Kwow Addo Sam, Esq., was arrested and, in his caution statement, admitted to preparing and depositing the will at the High Court Probate Division on May 7, 2004.
Alhaji Seidu Adams Baba (the second accused) was also arrested but refused to provide a statement to the police.
The fourth and fifth accused signed the probate form, which was procured through fraud.
The first and second accused have been charged with the listed offenses.
Source: Ghana/Starrfm.com.gh/Murtala Inusah
