General News of Monday, 5 February 2007

Source: GNA

Abodakpi Jailed For 10 years

Accra, Feb. 5. GNA - An Accra Fast Track High Court on Monday sentenced Daniel Kwasi Abodakpi, 57, Former Minister of Trade and Industry in the National Democratic Congress Administration (BDC) to 10 years' imprisonment.

The Court presided over by Mr Justice S.T. Farkye, an Appeals Court Judge sitting with additional responsibility as a High Court Judge, found him guilty of conspiracy; defrauding by false pretences and wilfully causing 400,000-dollar financial loss to the State.

Abodakpi, who is also Member of Parliament (MP) for Keta, was standing trial with the Victor Selormey (Deceased), Former Deputy Finance Minister.

Abodakpi and Selormey were being tried on seven counts of conspiracy to commit crime, defrauding by false pretences and wilfully causing a total loss of 2.73 billion cedis to the State.

The Court sentenced him to 10 years' imprisonment on each of the seven counts. The sentences are to run concurrently. Abodakpi denied all the charges and was on self-recognisance bail in the sum of three billion cedis.

The trial, which commenced in 2002, saw 10 witnesses testifying for the Prosecution while three gave evidence for Abodakpi.

Victor Selormey passed away during the trial leaving Abodakpi.

The Court said it gave its decision in respect of Abodakpi, who was represented by Mr Charles Hayibor. Some family members, who were hugging each others and sharing pleasantries earlier, were seen in tears after the sentence was passed.

NDC Members of Parliament who were seen at the Court premises included Akua Dansua; Joe Adjaho; Kenneth Dzirasah; Mr Francis Agbotse and Dr Ben Kumbour.

Soon after the Court had found Abodakpi guilty on the offence, Mr Hayibor prayed the Court to give him the opportunity to plead for mitigation before Abodakpi was sentenced but this request was declined.

Court: "Is mitigation part of the court rules?"

Mr Hayibor: "My Lord, I should be heard, at least for mitigation before handing down the sentence."

Court: "I have sentenced the accused person."

Mr Justice Farkye observed that the Prosecution had been able to prove its case after calling 10 witnesses. It noted that when Abodakpi was called on to open his defence, he denied the charges and called three witnesses to prove his case.

On charge of conspiracy, the Court noted that two accused persons, who were joint chairmen of the Trade and Investment Programme (TIP), conspired and authorized the Managing Director of ECOBANK through their correspondence, to transfer 400,000 dollars in two tranches of 300,000 and 100,000 dollars to Dr Owusu-Boadu.

The correspondences to the Bank were made in August 2000 and December 2000 but the Investigator indicated to the Court that there were no correspondences in the Ministry's Log Books, a practice the Court said, was not normal.

TIP a USAID funded project, was meant for non-traditional exporters and other components relating to economic development.

The Court said the Prosecution was able to prove that Selormey authorized the payment of the 400,000 to Dr Owusu-Boadu and correspondences were copied to Abodakpi and Dr Owusu-Boadu.

It noted that the accused falsely represented to the Managing Director of ECOBANK to pay for a feasibility study on the Science and Technology Valley Park Project, which was not conducted.

According to the Court, two Prosecution Witnesses had attested to the fact that the feasibility studies were not to be paid for.

The Court said the amounts, which belonged to the Government, were lost hence the charge of the wilfully causing financial loss to the State was proved.

The Prosecution has it that Abodakpi and Selormey were joint chairmen of the TIP, which provided 800,000 dollars as grant to be used for the non-traditional exports.

It said when the account of TIP was audited it was found that the accused persons took undue advantage and fraudulently caused the transfer of 400,000 dollars into the personal account of Dr Fred Owusu-Boadu, a consultant of Leebda Corporation.

The Prosecution said between May 2000 and December 2000, Abodakpi and Selormey allegedly transferred 400,000 dollars into the local bank account of Dr Owusu-Boadu through ECOBANK (Ghana) Limited.

The money, whose transfers were authorized by Selormey, was to be used as fees for feasibility studies towards the establishment of a Science and Technology Valley Park Project.

The Project contract was to have been witnessed by the Legal Officers at the Ministry of Trade and Industry or the Attorney General's Department, but this was not done.

The transfers had no official correspondence between Dr Owusu-Boadu and either the Ministry of Finance or the Ministry of Trade and Industry.

The Prosecution said both Abodakpi and the Consultant signed what was purported to be a contract but there was no witness and the contract document was not initialled page by page as required.

The contract lacked the detailed information required in a feasibility study; such as market analysis; financial projections and analysis to determine the financial viability and risk analysis of the Project, the Prosecution said.

It said there was irregular use of letterheads from a Texas University, with bills amounting to 400,000 dollars when the University was not party to the contract.