How Canadian Citizen escaped justice in Ghana

How Did A Ghanaian Born Canadian Citizen Standing Trial In Ghana Escape To Canada?

HAS MADAM VIVIAN LARIBA YAMUSAH ESQ. MAGISTRATE IN TAMALE, NORTHERN REGION INTEFERED WITH JUSTICE IN TAMALE’S HIGH PROFILE CRIMINAL CASE?

The expectations of citizens of every Country are that whenever there is a threat to their freedom, life, or property, they will be protected by the State. But this expectation cannot be taken for granted by all Ghanaians as illustrated by a sad case in Tamale in the Northern Region involving a Ghanaian citizen who went missing under strange circumstances in May 2007 and is believed to have been murdered by his Canadian Guest, Abdul-Samed Seidu, domiciled in Mississauga, Ontario, Canada..

The sad case attracted significant commentary among some news outlets in Ghana i.e. Graphic and other online publications, and within social circles and gatherings in the Northern Region. The disturbing aspect of the case is that the victim has not been seen since May 2007 and the last person to have seen him alive, and believed to know what happened to him, Mr. Seidu has run away from Justice. The summary of the case, as presented on Joyonline in July 2007 is below:

“Suspected murderer, kidnapper refused bail

Published : Wednesday, 11 July 2007

Justice Victor C. Doegah, a supervising High Court Judge in Tamale has refused to grant bail to Abdul-Samed Seidu, a chemical engineer resident in Canada, who is standing trial in a case involving the disappearance of a man in Tamale since May 14.

Seidu is charged with kidnapping and murder. The judge said the circumstances surrounding the case gave the court good reasons to deny the accused bail.

Mr Doegah said the accused travelled to Accra under a false name, changed his airline ticket date and attempted to escape and that these were some of the factors the court took into consideration in refusing him bail. Also, the accused was found to be in possession of some items belonging to the man who had disappeared.

Nana Adjei Ampofo, counsel for the accused, told the court that the charge of kidnapping and murder could not be justified because the police had not provided evidence that the victim was dead.

He argued that the police in one breath said the victim was kidnapped and in another said the victim was murdered, indicating uncertainties in their investigations.

Opposing the motion for bail Salia Abdul-Qudus, a State Attorney, told the court that the accused possessed one Ghanaian and two Canadian passports, making him a citizen of Canada.

He said under such circumstance, if bail was granted, he could seek refuge in the Canadian High Commission in Ghana or any neighbouring country where Canada has a mission.

Mr. Abdul-Qudus said the accused also made efforts to leave Ghana through unapproved travelling procedure including bringing his return ticket date forward to facilitate his exit from the country.

The State Attorney had told the court that on May 10 the accused arrived in Tamale and stayed with the friend at Kalpohin Estate. A misunderstanding arose between them over the value of a building project that the accused had asked the victim to undertake on his behalf. Mr. Abdul-Qudus said the victim disappeared on May 14 and when his relatives contacted the accused about his whereabouts, the accused told them that he did not know where the friend was”.

Source: GNA (posted on: http://www.myjoyonline.com/news/200707/6537.asp)

The suspect was held in Tamale Prison Remand after his arrest pending trial. In July of 2008, following an application for bail, the Appeals Court in Accra admitted the suspect Mr. Seidu of Canada to bail citing that he was not likely to be tried within a reasonable period of time. The conditions attached to the bail included:

“The appellant is to be granted bail in the sum of (GH cedis 30, 000.00) Thirty Thousand Ghana Cedis with one surety to be justified. The order further stipulated that the appellant is to deposit his passport(s) with the Registrar of the Magistrate Court, Tamale (which was already in possession of his passport when he was arrested). The order indicated that the appellant can only travel outside the Jurisdiction of the Magistrate Court in Tamale with the consent and concurrence of the Registrar, District Magistrate Court, Tamale, the Surety and the Police in Tamale” Signed F. Kusi Appiah, P.K. Gyaesayor, and E.K Ayebi, all justices of Appeal in Accra, Ghana.

After the release of Mr. Seidu on bail, he was expected to appear in court until his case was been dispensed with. However, contrary to the Appeals Court orders, Mr. Seidu of Canada successfully applied to Madam Vivian Lariba Yamusah of the District Magistrate Court, praying that his traveling documents be released to him. On September 22, 2008, Madam Vivian Lariba Yamusah made an order (Case No: B5/1/2007) directing the Registrar the Registrar of the Court one Courage Bubuama to release the travelling documents to Mr. Seidu of Canada, allegedly without the knowledge of the prosecution or Police in Tamale. As Mr. Seidu is a Canadian Citizen standing trial in Ghana, and with his history of attempting to exit Ghana in May of 2007 when he was arrested inside a Delta Airline Plane, it is difficult to understand the reasoning legal or otherwise that Madam Yamusah could have used to release Mr. Seidu’s travel documents especially when a higher court had stated explicitly that this should not happen. As history would prove it once again, Mr. Seidu after collecting his documents failed to show up in Court on two (2) separate sittings (citing sickness chicken pox) and managed to exit Ghana to Canada without the knowledge of the Ghanaian authorities. Sadly, Mr. Seidu left Ghana with Delta Airline through Kotoka International Airport several days before his November court dates. During the last court sitting on November 10, 2008, Mr. Seidu’s counsel, who knew perfectly well of his jumping bail informed the courts presided over by the same Madam Yamusah that the accused was still sick and unable to attend court. It is interesting that an esteemed counsel in good standing with the Bar in Ghana, would support a foreigner standing trial to exit the Country and continue to attend court to misrepresent information on his client’s behalf. Unfortunately, the investigating Police Officer in Tamale, present at court had later indicated to the victim’s representatives he had no clue that the accused had absconded to Canada. What is more disturbing is that there is strong evidence that the accused, Mr. Seidu, before exiting Ghana, managed to obtain a Police Certificate from The Ghana Police Service confirming No Record of Involvement with Ghana Police. This is JUSTICE ala Ghana. The rot that Justice Georgina Wood and the Attorney General are overseeing. What a travesty of Justice!!

Now Madam Yamusah, if she is to protect her integrity and credibility must publicly answer the following questions:

1) What jurisdiction does she have to override the ruling of a higher court in releasing the travel documents to Mr. Seidu of Canada contrary to the appeals court order and given his obvious risk of flight from Ghana?

2) What plans does Madam Yamusah have to ensure that Mr. Seidu of Canada returns to Ghana to face the law?

3) What was her motivation in releasing the travel documents to Mr. Seidu allegedly without consulting the Police and the prosecution

To the Tamale Police

4) Are you aware that Mr. Seidu is in Canada and staying at 901-2150 BROMSGROVE ROAD, MISSISSAUGA, ON, L5J 4B3, CANADA.

5) Who gave Mr. Seidu of Canada a clean Police Certificate when he is still being tried in Tamale for a criminal offense?

6) What plans do you have to ensure that Mr. Seidu returns to Ghana to face Justice?

The Canadian Police when contacted indicated they have not received any request for help with this case. Concerned citizens and friends of the decease will like appeal to you to use the Canadian help in at least issuing a warrant through Interpol for Mr. Seidu’s arrest and return to Ghana. The Ghanaian Citizen and victim, where ever the accused may have left him, is counting on the Republic of Ghana and the Ghanaian institutions of Justice to find him some measure of Justice. It is sad to learn that Mr. Seidu of Canada has exited Ghana, after all the evidence strongly pointing to his culpability in the disappearance of a Ghanaian National and without the resolution of his charges. The Tamale Police and Yamusah please save your reputation and do what is right.

SEEK MR. SEIDU’S EXTRADICTION RIGHT AWAY. MAYBE THIS IS ALSO THE TIME FOR YAMUSAH AND THE TAMALE POLICE TO ASK THE CANADIAN AUTHORITIES FOR ASSISTANCE WITH RESPECT TO THE EMAIL COMMUNICATION BETWEEN MR. SEIDU AND THE GHANAIN NATIONAL (MISSING SINCE MAY 2007) IN WHICH MR. SEIDU OF CANADA FORGED A BILL OF LADEN AND CLAIMED TO HAVE SHIPPED A NISSAN PICK-UP TRUCK TO THE VICTIM. AND COINCIDENTALLY, IN MAY 2007 WHEN THE VEHICLE WAS REPORTEDLY DUE TO ARRIVE IN GHANA, MR. SEIDU TRAVELS TO TAMALE AND ALLEGEDLY ELIMINATES THE GHANAIAN CITIZEN TO HIDE THE CASE OF FRAUD. This is to serve notice that friends and relatives of the VICTIM will pursue this case to its logical conclusion.

Baba Lord