No Show By Attorney General

Accra, Nov 06, 2009 (Ghanaian Chronicle/All Africa Global Media via COMTEX) -- NOSH | Quote | Chart | News | PowerRating -- State Prosecutors at the Attorney-General's Department yesterday failed to turn up before an Accra Financial Court to proceed with the trial of former Minister of Foreign Affairs, Regional Integration and NEPAD, Mr. Akwasi Osei-Adjei and the former Managing Director of the National Investment Bank (NIB), Mr. Daniel Charles Gyimah, for their alleged involvement in the importation of rice from India.

When the court, presided over by Justice Bright Mensah, called the case for continuation of trial at a little past the scheduled time of 9.00am, state prosecutors were nowhere to be found. As a result, the court had to stand down the case to await the prosecution team. However, that was not to be as in an hour's time, when the case was called again, there was still no sign of the presence of state prosecutors.

The absence of the prosecution team in court attracted the displeasure of the defense team, who questioned the failure of state prosecutors from appearing in court to prosecute the case, after ten months of investigating the rice importation saga.

According to Col Alex Johnson (Rtd.), Counsel for Daniel Charles Gyimah, he was surprised over the absence of the prosecution in court, since it was the state that hauled his client before the court to face criminal charges.

On his part, Mr. Godfred Yeboah Dame, counsel for Akwasi Osei-Adjei noted that if the prosecution was not prepared to commence the case after ten months of investigations, he would request for a discharge of the accused persons on the next adjourned date.

Counsel complained bitterly about his client's movement to and from Kumasi, where he is currently based, to Accra every week to report to the Bureau of National Investigations (BNI) as part of the bail conditions granted by the court, as he pleaded with the court to review this aspect of the bail condition.

Mr. Yeboah Dame further questioned if the prosecution had sought permission from the court to be absent from court. However, the court indicated that it had not received any letter from state prosecutors to be absent from court.

The court, therefore, adjourned sitting to November 19 2009, as he declined to make any review of the bail conditions granted, as sought by counsel for the former Minister of Foreign Affairs, Regional Integration and NEPAD, noting that a review would be given when the need arises.

Akwasi Osei-Adjei and Daniel Charles Gyimah are facing criminal charges for contravening the Public Procurement Act, and in the process causing financial loss of US$1,408,590 (GHc1,524,952) to the state in the various roles they played in the importation of some 15,000 metric tons (300,000 bags) of rice for the Government of Ghana in 2008 from India.

The accused persons, who are facing eight counts of conspiracy, contravening provisions of the Public Procurement Act, Using public office for profit, stealing and willfully causing financial loss to the state, pleaded not guilty to all the charges leveled against them.

The accused persons are currently on bail in the sum of GHc200,000 with two sureties to be justified. Additionally, the accused persons are to deposit the title deeds of immovable properties valued at GHc1Million at the court's registry and report to the investigator at the BNI once every week until further directions of the court.

The brief facts of the case as presented before the court by the Chief State Attorney indicated that somewhere in February 2008, the former Minister of Trade and Industry, Joe Baidoo Ansah initiated the importation of rice from India.

According to the state prosecutor, a letter dated February 13 2008, indicated that the former Trade Minister requested the Indian government, through its High Commission in Ghana to buy 100,000 metric tons of (25%-35%) broken rice with the consignee being the Ghana National Procurement Agency (GNPA). The arrival of the rice into the country was scheduled for May 2008, "to help curb the severe increase of price of staples in Ghana."

Mr. Gyambiby further pointed out that in another letter dated April 10 2008, and addressed to the Minister of External Affairs of India, Mr. Joe Baidoo Ansah referred to an earlier meeting held between the former President Kufuor and the Minister of Commerce of India, and drew attention to the "severe food situation looming in Ghana," and sought to procure from the Indian Government 300,000 metric tons of low grade white 25% broken rice for shipment to Ghana by June 2008.

In April 2008, Mr. Akwasi Osei Adjei took over the effort by Joe Baidoo Ansah and nominated the NIB as the sole consignee, prosecution indicated with Mr. Daniel Charles Gyimah, representing the NIB and negotiated the terms of the contract with the State Trading Corporation of India, through the Ghana High Commission in India.

"The Commissioner was instructed by the 1st Accused to sign the contract on behalf of the Government of Ghana, represented by First accused, the High Commissioner and 2nd Accused (MD), NIB", prosecution stated.

State Prosecution noted that on arrival of the rice, efforts by NIB to get import tax exemption from Ministry of Finance to clear the rice were turned down owing to the commercial nature of the contract, since the Ministry of Finance was not involved in the transaction.

The rice, according to the prosecution, has since been in the CEPS bonded warehouse, with a physical count of the consignment revealing a shortage of 2,997 bags of rice.

The remaining quantity of rice was in varying state of wholesomeness as the NIB is making efforts to sell them through the tender process, the court was told. State prosecution further contended that the transaction was that of a public procurement and investigations conducted into the importation of the rice by the BNI had revealed that the provisions of the Public Procurement Act were not followed.

Additionally, prosecution noted that the investigations also revealed that about 2,997 bags of rice short-landed and were diverted for sale elsewhere for huge private profit.

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