Peprah & Selormey Pardoned

..Government remits sentence on ex-Ministers
Accra, March 3, GNA - President John Agyekum Kufuor has remitted the remainder of the sentence imposed on Mr Kwame Peprah, Former Minister of Finance and Mr Victor Selormey, Former Deputy Minister of Finance.

This is to commemorate the 48th anniversary of Independence, which falls on Sunday, a statement signed in Accra on Thursday by Papa Owusu-Ankomah, Minister of the Interior, said.

"To commemorate the 48thAnniversary of Ghana's Independence, His Excellency the President in exercise of his prerogative of mercy under Article 72(1) 9d) of the Constitution of the Republic of Ghana, has remitted the remainder of the sentences imposed on Mr Kwame Peprah, Former Minister of Finance and Mr Victor Selormey, Former Deputy Minister of Finance," the statement said.

An Accra Fast Track High Court presided over by Mr Justice Dixon Kwame Afreh on April 28 2003 sentenced Mr Peprah and two former top public officials to various terms of imprisonment for their involvement in the Quality Grain Company case.

Mr Peprah was sentenced to four years' imprisonment while Mr Ibrahim Adam, Former Minister of Food and Agriculture and George Yankey, a Former Director of Legal Sector, Private and Financial Institutions of the Ministry of Finance were sentenced to two years' imprisonment each. The Trial Judge acquitted and discharged Nana Ato Dadzie, Former Chief of Staff and Mr Samuel Dapaah, Former Chief Director of the Ministry of Food and Agriculture.

They were charged with conspiracy and wilfully causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region.

Reading his judgement, which went on for seven hours, Mr Justice Afreh, a Supreme Court Judge sitting as additional High Court Judge, noted that the country had suffered as a result of the misappropriation of public funds adding that laws had been propounded to curb the incident.

He said he took into consideration the pleas of the defence team, the length of the trial, which was two years, and the ages of the officials.

"I personally hope that I do not involve myself in a case like this, at a time that I'm going on retirement."

There was a conspicuous security presence at the court, which was besieged by relatives of those on trial.

Among the crowd that witnessed the judgement were Professor John Evans Atta Mills, Former Vice President; Alhaji Mahama Iddrisu, Former Presidential Adviser and Dr Nii Josiah-Aryeh, Former General Secretary of the National Democratic Congress (NDC).

The rest were Alhaji Huudu Yahaya, NDC Vice Chairman; Mr Joseph Owusu-Acheampong, Former Minister of Food and Agriculture; Alhaji Muhammad Mumuni, Minority Spokesman on Legal and Parliamentary Affairs and Mr Lee Ocran, Vice Chairman, NDC.

Immediately after the pronouncement of judgement, the courtroom became quiet, but in no time some relatives of the convicts cried uncontrollably.

Police had a hectic time escorting the convicts away to begin their sentences at the Nsawam Medium Security Prison.

Before the sentence, the Defence team prayed the court to be lenient with their clients, since there was a serious error by the Prosecution. The Defence added that the accused persons were all family men and that if they should be sent to jail their homes would be broken.

They also stated that the businesses of some of their clients had collapsed, a situation that had made their livelihood very difficult. Counsel also noted that this was not a case of stealing as happened in the case of Mallam Isa, who was convicted by a Fast Track Court of stealing thereby causing financial loss to the State.

They noted further that none of their clients transferred any money meant for the Quality Grain project into their personal accounts. George Yankey, whose Attorney was absent and spoke for himself said: "If I were asked to go and steal or kill I would not have done that." He added that all that he did was to ensure the success of the rice cultivation in Aveyime saying: "In fact I worked tirelessly towards the project and if I should be sentenced for an offence that I have not committed, I leave it to the Almighty."

Acquitting Nana Ato Dadzie, the Trial Judge noted that there was no default on his part as he paid compensation to the settlers. He said the land had been acquired long ago, saying the State was bound to pay the compensation hence he did not cause financial loss to the State.

Speaking to Journalists later, Samuel Dapaah said: "I give thanks to the Lord and no (more) comments." Alhaji Yahaya said: "The due process is not ended; we would consult our Lawyers."

When the GNA contacted the Director of Public Prosecutions (DPP), Mr Osafo Sampong, he said he sent people to the court to be prosecuted, and that they had been convicted.

He said he went to the court with a particular purpose, which he had achieved. The Prosecution called 21 witnesses. The Quality Grain scandal revolved around a US woman, Juliet Cotton, to whom the money was paid to produce rice at Aveyime. A US Court had already convicted Cotton for her involvement in the project.

Mr Selormey was on Monday, December 10 2001 sentenced to eight years' imprisonment with hard labour when he was found guilty on two counts of defrauding the State by false pretences.

The Fast Track Court, presided over by Mr Justice Sam Baddoo, fined him 10 million cedis each on two counts of conspiracy. He was to go to prison for 12 months in default and the sentences were to run concurrently.

In addition, Selormey was to pay a fine of 10 million cedis each on two counts of wilfully causing financial loss of 1.2975 million dollars to the State and in default to serve additional 12 months. The sentences were to run concurrently.

The court ordered that the State should take civil action to recover the amount from Selormey and Dr Frederick Owusu Boadu of Leebda Corporation in Texas in the United States (US).

In his 120-minute judgement, Mr Justice Baddoo, an Appeal Court Judge, sitting as an additional High Court Judge, summed up the evidence of nine Prosecution Witnesses and 11 Defence Witnesses and concluded that the Prosecution proved its case beyond all reasonable doubt.
He said the defence put up by Selormey did not give answer to the charges against him and that the CD-ROM and a contract document which he signed with Dr Boadu for provision of consultancy services "was intended to throw dust into the eyes of the court".

The Court said there was enough evidence that there was no contract signed between the Ministry of Finance and Leebda for provision of consultancy services for the Court Computerisation Project of the Judicial Service.

Mr Justice Baddoo said it was on record that no work was done in respect of the contract, which Selormey signed with Dr Boadu and added that the CD-ROM was never mentioned in the contract.

"Selormey's defence that the CD-ROM was produced as a result of the contract cannot, therefore, be reasonably probable."

Mr Justice Baddoo said Selormey in his evidence, said he signed a contract with Dr Boadu without any witness and wondered how a document on an official project involving more than one million dollars could be treated as such.

He said it was on record that the accused wrote two separate letters authorising ECOBANK to transfer the amount from the accounts of Trade and Investment Programme (TIPS) to Leebda.

The court said it was on record that the letters did not bear reference numbers neither was it registered at the office before they were dispatched.

The Judge said even Selormey's witness, Mr Kwame Peprah, former Finance Minister, testified that he was not aware that the ministry signed any contract on the project with Leebda.
There was evidence, Mr Justice Baddoo said, that an audited accounts of TIPS stated that there was no justification for Selormey to authorise the payment of the amount for no work done.
The court said "with these pieces of evidence" it found the accused guilty on all the charges.
Before passing sentence, counsel for Selormey, Mr Johnny Quashie-Idun pleaded with the court to temper justice with mercy and not to give custodial sentence to his client due to ill health. He said the sentence must aim at reforming the accused rather than being a punishment.
Counsel indicated that the defence would appeal against the judgement because it contained "a lot of mistakes".
The case for the prosecution was that sometime in 1998, Selormey caused the amount to be paid to Leebda for consultancy services on the Court Computerisation Programme.
Investigations, however, showed that there was no official contract for that project and that the accused and Dr Boadu conspired and fraudulently defrauded the state as a result of which, the state incurred financial loss.
Ms Gloria Akuffo, Former Deputy Attorney-General and Minister of Justice and Mr Osafo Sampong, Former Director of Public Prosecution led the prosecution.