A-Gs Office files appeal

Accra, May 10, GNA - The Office of the Attorney-General has filed stay of execution in connection with a judgement of an Accra Fast Track High Court ordering the immediate release of confiscated properties to George Adu Bonsu, alias Benjilo.

In an affidavit in support of the application, the A-G contended that there were inconsistencies on the part of witnesses during cross-examination, which the court did not take into account.

When the court, presided over by Mr Justice Victor Ofoe demanded that, "those inconsistencies" should be pointed out, Mr William Kpobi, Senior State Attorney who represented the state said he needed the record of proceeding in order to point out the inconsistencies.

The court said the applicant (state) did not necessarily need the record of proceeding to point out the inconsistencies but should be able to demonstrate from the judgement, the inconsistencies. Mr Yonni Kulendi, who represented the respondents, argued that the determination of a stay of execution need not wait for the applicants to have records of proceedings since that could bring about delay and untold hardship on the respondents.

The court adjourned the matter to May 22, to enable applicant obtain the records.

The same court on February 13 ordered the immediate release of the confiscated property of Benjilo.

Benjilo, who served a 10-year prison term for drug-related offences in 1991, had sued the Inspector-General of Police, the Narcotics Control Board and the Attorney-General for the release of the properties. They include a number of houses, two shops and three vehicles namely a Mercedes Benz, GCM Tyhoon and a Nissan Pathfinder. Plaintiffs were claiming 650,000 dollars or its cedi equivalent for the goods in the two shops.

The court noted that the property that had been seized did not belong to Benjilo but to Benjilo Fabric Company Limited and five other plaintiffs, namely, Mrs Grace Adu Bonsu, his wife, Dennis Adu Bonsu, his son, Madam Yaa Konadu, Raymond Kofi Adu Amankwah and Azumah Nelson. The court said the state did not open its defence and the order was being given based on evidence adduced by the plaintiff in the cross-examination.

The state, however, in the statement of defence, said the properties, which it traced, did not belong to the plaintiffs but were owned by Benjilo.

The court asked the state to pay interest on 1.1 billion cedis being the cost of goods in two of his shops.

It also awarded 50 million cedis cost against the defendants and 80 million cedis damages for unlawful seizure of the property. In order to rehabilitate the vehicles, the Court ordered the state pay 30 million cedis for each.

It noted that defendants should have known that the stock of good were perishable that should have been stored in a suitable temperature or sold.

"In light of the foregoing sketch of the relevant provisions of the Narcotic Law on seizure and forfeiture, I will say that I have found no provision that justified the action and inaction of the defendants in respect of the properties being claimed by the plaintiffs.

The court admitted that under the law, very wide powers were conferred on the Police and Attorney General adding, "It would be wrong to interpret the provisions of this law as giving unfettered powers to the Police and state to go on rampage interfering in citizen's property without recourse to the law."

The court said, "There may be high suspicion on the properties, the subject matter of the suit belong to George Adu Bonsu, but suspicion is not sufficient to support a finding against the claimants of those who have led evidence in claim of their properties."

It stated that records available showed that Benjilo's application for review filed at the Supreme Court was disposed of in May 2001 and queried the Attorney-General for the delay.

"Since I have not found any law supporting the action of the defendants, it is my view that defendant's actions are unreasonable, arbitrary, unjustifiable and therefore unlawful."

In April 1997, George Adu Bonsu was convicted and sentenced to 10 years for a drug related offence.

Soon after, certain properties, which became the subject matter were seized by the defendants who believed that those properties belonged to Benjilo.

In 1998, the state filed an application for forfeiture at the High court. The court struck out the application saying Benjilo's appeal was pending. The Supreme Court finally disposed of Benjilo's case in 2001. The Regional Tribunal on May 3, 2006 ruled that the state had not filed any motion for forfeiture.

The Attorney General filed stay of proceeding at the Fast Track High Court praying the court to halt proceeding but the court dismissed same and called on them to open their defence.

"So when for almost five years the Attorney General was not proceeding with the forfeiture and had only seized the properties of the plaintiff, was the Attorney General expecting the plaintiff to be amused at such an action?" the court asked.

Throwing more light on the properties, the court said Benjilo Fabrics Company Limited was a limited liability company, which had Mrs Adu Bonsu as one of the four directors.

Mrs Bonsu had told the court that Benjilo was a worker with the Company.

According to the court, evidence was led to show that the two shops at Salaga Market and another on Selwyn Street were on lease for 20 years.

On the house located at Kokomlemle, the court noted that it belonged to Madam Yaa Konadu, an 84 year-old trader. According to the court Madam Konadu in her evidence mentioned that she bought the house from Victoria Quaye and produced indenture to support her claim.

Another house located at Nungua in Accra belonged to one Raymond Kofi Amankwa currently residing in United States of America. On an unnumbered warehouse/hospital premises opposite ABC Junction, Alogboshie in Accra, the court noted that the house belonged to Azumah Nelson, a one time world super-featherweight champion. Prof. Azumah had told the court that he bought the land from Nii Kuma for 32 million cedis for a hospital project and he tendered the receipt to the court.

On another estate located at ABC Junction, the court noted Mrs Adu Poku tendered an indenture to show that the estate belonged to his son Dennis Adu Bonsu.

In respect of another estate located at Tantra Hill in Accra, the court said Mrs Bonsu also led evidence to show that the uncompleted house was leased to her by Mr Ernest Boamah Ansong.

In the case of the vehicles, Mrs Bonsu led evidence to show that the GCM Tyhoon was a gift from Azumah while the Nissan Pathfinder belonged to the Benjilo Fabric Limited.