The High Court in Kumasi has granted an application for substituted service in contempt proceedings brought against the directors of FBN Bank Ghana Limited for interfering with the administration of justice in a case of foreign exchange transaction before the court.

Presiding Judge Justice Franklin Titus-Glover directed that the contempt application be served by posting it on the notice board of the High Court in Kumasi, at the bank's place of business, and through a publication in the Daily Graphic. The notice will remain valid for ten days. In compliance, the publication was made in the Daily Graphic on February 24, 2026.

The application for committal for contempt was filed by Kwame Owusu Boateng and Kessben Travels and Tours Limited. They are seeking an order to commit the respondents, including the bank’s legal officer, Michael Gyan Owusu, to prison for allegedly presenting forged documents during the trial, thereby misleading the court.

The contempt case arises from a substantive matter currently before the High Court, presided over by Justice Anokye Gyimah. In that case, FBN Bank was engaged to facilitate the transfer of funds for the applicants by purchasing dollars from the account of Gadinesto Enterprise, with the bank acting as an intermediary. Although the bank received the funds, it allegedly failed to complete the transfer.

According to the affidavit supporting the contempt application, during the trial, the 15th respondent, Paul Senyo Zeloh, testified under cross-examination that Kwame Nkrumah, trading as Gadinesto Enterprise, was an importer of goods and not a customer of the applicants. This testimony was considered material to the case.

Counsel for the applicants challenged this claim, noting that SWIFT transfer confirmations were issued to the applicants, not to Kwame Nkrumah. The court subsequently ordered the 15th respondent to produce import documents related to the account of the said customer.

On May 9, 2024, the respondents complied with the court order but failed to produce the documents required under the Foreign Exchange Act 723. Instead, they presented seven documents allegedly submitted by Kwame Nkrumah trading as Gadinesto Enterprise.

After the parties had closed their cases, the applicants identified discrepancies in the documents presented. A verification with the Ghana Revenue Authority (GRA) revealed that the Bill of Entry series (Exhibit X series) did not exist on the GRA’s ICUMS platform and could not have originated from the authority. The GRA further confirmed that Kwame Nkrumah was not assigned to any tax office, indicating that the documents were fraudulently generated to deceive the court.

The affidavit also took issue with the conduct of the bank’s legal officer, Michael Gyan Owusu, saying as an officer of the court, he was expected to present only accurate information, particularly regarding the status of Gadinesto Enterprise. The affidavit argued that he should have taken note of the GRA’s findings and advised the respondents accordingly, rather than defending the claim that Gadinesto Enterprise was an importer.

It further noted that as a lawyer, he should have been aware of the import documentation requirements under the Foreign Exchange Act 2006 (Act 723), which differ from the documents presented in court.

The applicants are therefore urging the court to commit the respondents to prison for contempt, on the grounds that their actions have brought the administration of justice into disrepute.