You are here: HomeNews2002 08 26Article 26805

General News of Monday, 26 August 2002

Source: Chronicle

Police Kill Two - Scrap Dealers Seek Probe

A section of scrap dealers operating within the "Galloway area", a popular spot at Agbogbloshie, a suburb of Accra, has questioned the legality behind the shooting of their two colleagues which resulted in their instant death and the injuring of three other persons.

The incident was reported to have occurred when a joint team of police and military personnel stormed the scrap dealers premises at Galloway to provide security to enable a bulldozer raze down the ground structures of the dealers in which they have been transacting their business for the past 10 years.

The police, who were quoted as executing a "lawful order," are being suspected of foul play because according the scrap dealers, one Ag. Regional Police Commander, CSP/ Mr. Kwame Boakye, has gone publicly with the case creating the impression that the two men shot dead were trying to obstruct security personnel from carrying out the said "lawful order."

At a press briefing in Accra, which also served as a platform for them to air their grievances, the Acting Chairman of the Scrap Dealers Association, Mr. Ashirifie Mensah, noted fervently that the association was demanding some clarifications on which police commander authorised the operation, what "court order" were they enforcing that excluded a court bailiff and thirdly, why the court did not issue a copy of the said "court order" to their lawyers before undertaking the operation.

Continuing, he narrated that for a period of about 10 years, a raging conflict has ensued between the scrap dealers and machine spare parts dealers who transact business on the same land with them at Galloway, formerly known as the Old Mortuary of Korle-Bu Hospital, that resulted in a court action issued against them (scrap dealers).

According to him, in 1992, the machine parts dealers filed a writ against them in court for the recovery of some portion of land they claimed had been stolen by them.

He said after a long a tussle in court, judgement was ruled in favour of the machine spare parts dealers which stated specifically that " the scrape dealers had trespassed onto the land for the machine spare parts dealers by 39.8 feet".

He further explained that, based upon the above judgement, their (scrap dealers) lawyers advised them not to file an appeal but rather move back by the said distance, which they did resulting in a peaceful co-existence between the two.

Four years later in October, Mr. Ashirifie noted, they were notified that some police personnel were coming to enforce what he called a "formal decree" signed by one magistrate, His Worship Mr.Kwadwo Owusu of the Accra community tribunal which according to him was delivered by a court bailiff.

He said a copy was forwarded to their lawyer, Captain(rtd) Nkrabeah Effah Dartey, who filed a motion challenging the legality of the said "formal decree," adding that a thorough search at the court of His Worship, Mr. Kwadwo Owusu revealed that there was no existing docket and that the said bailiffs purported to have delivered the said decree, were unaware of the case.

Continuing, he asserted that events took a different turn when in August, this year, one Inspector Amponsah and Maj. (rtd) Awuah came to their premises at Galloway to tell them the police would be enforcing a "court order" to which they requested for a copy and were refused.

He said after persistent calls on their lawyer yielded no results because he was now a minister of state, they went to see lawyers of a law firm called Nkrabeah and Associates, who quickly went to the police demanding a copy of the said "court order" which Inspector Amponsah refused to make available.

According to Ashirifie, having waited for so long, their lawyers again filed a motion for stay of execution of whatever order Inspector Amponsah was withholding from them, adding that they were advised to present a copy to any policemen who would set foot at their premises to carry out any operation.

Lamenting, he maintained that on the August 14, this year at precisely 3 a.m., a combined team of police and military personnel stormed their working grounds, only to demolish their structures but it resulted in the deaths of their two colleagues.

He, therefore, called on government to revisit the case to allow an intensive investigation to be conducted "to expose the illegal actions and arrest the security personnel to face the full rigors of the law for the murder of their two colleagues on that fateful day."