ECOWAS Exchange Rate Mechanism to start in April Forensic audit into the Trade and Investment Project (TIP) funds has recommended that Dan Abodakpi, former Trade and Industry Minister and Victor Selormey, the jailed former Deputy Finance Minister, should be made to explain how they transferred $400,000 from the funds without any laid-down procedure.

The transfers, effected in four tranches between October 18 and December 29, 2000 were allegedly for the payment of consultancy services on the setting up of a Science and Technology Park/Valley, a reliable source said in Accra.

They allegedly paid into the accounts of Dr. Fred Owusu-Boadu, a Ghanaian based in College Station, Texas, United States of America, who was deemed to be the consultant on the project.

The funds had $63.88 million from the United States Agency for International Development (USAID) under the TIP, allocated to selected financial institutions. The funds were to be disbursed for Non-Traditional Exporters (NTEs).

It was to meet the short-term pre-shipment needs of non-traditional export firms with potential for expansion of capacity and production base. The programme was fashioned to lead into further growth in non-traditional exports and increase export earnings of the country, improve balance of payment and create more jobs.

It came out in the audit that Dr Owusu-Boadu submitted “a proposal to create a science and technology community (technology valley) to promote public-private sector partnership or economic growth in Ghana.

The contract was supposed to be between the consultant and the Trade and Industry Minister. The two signed the contract but there was no witness. Besides, the final report does not appear to be a feasibility study, since it lacked pieces of information such as market analysis, financial projection, and analysis to determine the financial viability of the project.

The report said most of the prudent procurement processes and procedures for goods and services in the Finance Ministry were not followed in the procurement of consultancy services into the proposed technology valley.

Under normal circumstances, final draft and final reports of the feasibility studies should have been submitted to the Finance Ministry before payments were effected, but the said procedure was sidestepped.

The auditors argued that the Finance Ministry might have paid for proposals instead of feasibility studies. They noted that the use of project funds to pay for consultancy services constitutes mis-procurement.

The auditors contended that “the contract” was tainted with fraud as it was not witnessed by the legal officers at the Trade Ministry or the Attorney-General’s Department. They did not understand how Dr Owusu-Boadu could use Texas A & M University letterhead to bill Ghana for $300,000 whereas the university was not part of the contract.

GRi…/

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Selormey now at Nsawam Prisons

Accra (Greater Accra) 12 December 2001 - Victor Selormey, a former Deputy Minister of Finance, who was sentenced to a total of eight years imprisonment of Monday, began his prison life four hours after the Fast Track High Court had given its judgement.

Selormey, who was convicted on all the six counts of defrauding by false pretence, conspiracy and causing financial loss to the state arrived at the Nsawam Medium Prisons at exactly 4 pm amidst tight security.

The Director-General of the Ghana Prisons Service, Mr Richard Kuuire, said in an interview on Tuesday that immediately after the judgement, Selormey was kept in police custody while a commitment warrant was prepared by the High Court for him to begin the sentence.

"Immediately the warrant was ready, he was sent to the prisons because without it the service would not have accepted him," the Prisons boss said.

Touching on the calls for a preferential treatment to be accorded the former minister, Mr Kuuire said the prisons have no facilities for VIP treatment and, therefore, Selormey will be treated the same way as anyone else or any ordinary prisoner.

He said the service provide prisoners with clothing but those who use their own clothing have the 'Black Star' embossed on both shirts and shorts in line with prisons regulations.

Asked about how the service will deal with the health condition of Selormey, the Prisons boss explained that the prisons have their own hospital at Nsawam, which will take care of him just like all other prisoners. "However, if there is the need for a specialized medical, we shall invite specialist doctors to come in and examine him at the prisons."

Mr Kuuire stressed that if it should become absolutely necessary for Selormey to be given medical attention elsewhere, "we shall send him to the appropriate government hospital". He, however, made it clear that "we are not going to mete out any special treatment in favour or against him".

Asked whether Selormey will be allowed to meet and interact with the former Minister of Youth and Sports, Mallam Yusif Isah, who is also serving a four-year sentence at Nsawam, Mr Kuuire said "the two former ministers will meet but as to whether they will talk to one another or not I cannot tell".

Selormey was sentenced to four years imprisonment each for the two counts of defrauding to run consecutively while he is to pay a total ¢20 million for the two counts of conspiracy and two counts of willfully causing financial loss to the state.

He will serve two additional years in jail if he fails to pay the fine. The court further ordered Selormey and Dr Frederick Owusu-Boadu, a Ghanaian consultant in the United States of America (USA), to refund $1,297,500 to the state or it will compel the prosecution to initiate civil action to recover the money. – Daily Graphic

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Prez Kufuor on Selormey’s sentencing – ‘That’s a matter for the judiciary’

Accra (Greater Accra) 12 December 2001 - President J.A. Kufuor preferred to remove himself from the judiciary when he waved off questions about the conviction and imprisonment of the first top NDC minister/official among the dozen currently on trial or facing criminal investigations.

To reports that the public were surprised about what they perceived as the light sentence imposed on Mr Victor Selormey for the several acts of criminal malfeasance, the President had this to say, “That’s for the courts to decide and they have decided”.

He was, however, quick to appreciate the sentiments of the public in the context of the parallels that may be drawn with Mallam Isa case.

The President was speaking to The Chronicle in a snap interview at the lobby of The Grand Hotel, rambling five star hotel that both Kofi Annan, the President himself and all the top international dignitaries and laureates stayed.

President Kufuor explained that the concept of democratic governance spells out clear separation of the powers of the executive and the judiciary and in the circumstances; he is precluded from interfering with the ruling or decisions of a court of competent jurisdiction. “That’s the Law.”

The President has been in Oslo since Saturday after an official tour of France from where he continued to Norway. - The Ghanaian Chronicle

GRi…/

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Furore over Selormey’s jail sentence

Accra (greater Accra) 12 December 2001 - Twenty -four hours after the Fast Track Court had imposed the eight-year sentence on Victor Selormey, former Deputy Minister of Finance, the office of “The Evening News” has been inundated with calls from the general public expressing their views on the judgement.

Most of the callers were of the view that the eight years imposed on Selormey was too light considering the weight of the offence.

Mr George Sowah, who phoned from Kaneshie in Accra, said he was outraged by the sentence. “It was better he was set free, so that we know that he had chopped our money for nothing.”

“A 20-year-old girl suffering from chronic renal failure died at the Korle-Bu Teaching Hospital in Accra because she could not get ¢25 million to cover the cost of treatment,” Mr Sowah stated.

According to Stephen Mensah who phoned from Tema, all along Selormey had been treated with kid gloves. “Even when he overpaid the car he bought, he was only asked to refund the balance and that was all”.

A lady who refused to identify herself said “if somebody can steal over one million dollars and get eight years, then Mallam Isa should have been set free over the missing of 46,000 dollars. She called on the Attorney-General’s Department to request for a review of the sentence, since in her view, it did not match the offence.

Daniel Otoo of Haatso in Accra, however praised the judge for taking into consideration the health of the accused in giving him the eight years. He said the sentence was not to destroy, but to reform and also to send a clear signal to people holding political or public office.

Another women caller, who also declined to mention her name, suggested that instead of custodian sentence Selormey should be put under house arrest in view of his present ailing condition. “Whatever it is, Selormey has at least done some good service for this nation, and you should take into consideration his health and deal with him leniently, she said.”

Meanwhile, some of the NDC political heavyweight like Mr Kwame Peprah, former Finance Minister, Nii Adjei Boye Sekan, Mr Ato Ahwoi and Mr Doe Adjaho who were at he court on Monday to witness the proceedings, declined to comment on the case when “The Evening News” approached them.

According to them they had nothing to say, because the defence counsel led by Mr Kwaku Baah, would be the best person to comment on the judgement. - The Evening News

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Selormey jailed for 8 years, fined 20 million, to refund over $1m

Accra (Greater Accra) 10 December 2001 - Victor Selormey, a former Deputy Finance Minister in the NDC government has been sentenced to eight years imprisonment with hard labour. Selormey was on Monday 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 would go to prison for 12 months in default and the sentences are to run concurrently.

In addition, Selormey is to pay a fine of 10 million cedis each on two counts of wilfully causing financial loss of 1,297.5 million dollars to the state and in default to serve additional 12 months. The sentences are 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 Baddaoo, 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 further 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.

Selormey has been facing trial for the greater part of this year at the Fast Track Court on six counts of conspiracy, defrauding by false pretences and willfully causing financial loss to the state.

He is the second minister jailed since the Kufuor administration took office 11 months ago. The first person was former Youth and Sports Minister, Mallam Yusif Isa, who is serving a four-year-prison-term for causing financial loss to the state.

Ms Gloria Akuffo, Deputy Attorney-General and Minister of Justice and Mr Osafo Sampong, Director of Public Prosecution led the prosecution.

GRi.../

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Public Reaction to Selormey's conviction

Accra (Greater Accra) 10 December 2001 - Some members of the public that swarmed the precincts of the Supreme Court to listen to the verdict in the case involving Victor Selormey, former Deputy Finance Minister, greeted him with shouts of "Awi o! Awi o! Thief! Thief! As he stepped out of the magnificent court building escorted by the Police into a waiting vehicle to begin his sentence.

This was some few minutes after an Accra Fast Track High Court, presided over by Mr Justice Sam Baddoo, had found him guilty of financial impropriety and sentenced him to eight years' imprisonment with hard labour.

Selormey's wife had stepped forward to hug him in the courtroom soon after judgement was pronounced. In spite of the shouts, the countenance of Selormey, who was dressed in a light blue political-suit, with his medicated glasses did not show any sing of concern.

Relatives, friends and sympathisers present, who were in pensive mood, looked on helpless as the former Deputy Finance Minister was whisked away by the Police amid siren to begin his eight-year jail term.

The former deputy Finance Minister, who faced six counts of conspiracy, defrauding by false pretences and wilfully causing financial loss to the State, conspired with Dr Fred Owusu-Boadu, a Ghanaian consultant in the United States, to fraudulently cause the loss of 1,297,500 dollars to the State.

GRi.../

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Is this Frederick O. Boadu?

Associate Professor in the Department of Agricultural Economics at Texas A&M University. He received a B.A. in Economics at Berea College, M.A. Program in Law and Economics at the University of Miami, J.D. in Law at Georgia State University, and Ph.D. in Agricultural Economics at the University of Kentucky. His research focuses on applying tools in law and economics to address issues in international trade law and economics, economic development, resource economics, international environment policy, and constitutional economics. He teaches a course in agricultural law and natural resource economics at the graduate and undergraduate levels.

Special Focus: Agricultural law and international trade. A photo is available @

http://agecon.tamu.edu/faculty/boadu/boadu.htm

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Judgment day for Selormey: Dec. 10

Accra (Greater Accra) - 05 December 2001 - The Accra Fast Track Court has fixed Monday, December 10, 2001, for judgment in the case, which Victor Selormey, a former deputy Finance Minister, is facing trial on charges of financial impropriety against the state.

The trial judge, Mr. Justice Sam Baddoo, fixed the date after the Director of Public Prosecution (DPP), Mr. Osafo Sampong, ended his final address to the court.

In his address, Mr. Sampong urged the court to convict the accused on each of the six counts of conspiracy, defrauding by false pretence and wilfully causing financial loss to the state, because evidence against the accused person is over-whelming.

According to the DPP, "the defence raised by Selormey was no defence" and invited the trial judge to dismiss it. The DPP stressed that the accused person's own evidence produced during the trial did not help him at all.

Whereas, Selormey said he signed the contract between himself and Leebda Corporation of United States of America without a witness, the accused later tendered in court a contract document, which had the signature of a witness.

Mr. Sampong further urged the court not to take the evidence of a defence witness, Mr. Dan Abodakpi serious. This he explained was because Hon. Abodakpi did not even know how much school fees his daughter who studies in the United States pay per term.

According to the DPP, the issue concerning the CD Rom was irrelevant before the court since the amount of 1.29 million dollars paid to Leebda Corporation was meant for consultancy service of the court computerisation project and not to produce a CD Rom.

He said Selormey signed two letters, which were addressed to the Ecobank authorizing the bank to pay an amount of 1.27 million US dollars to Leebda.

By writing those letters to Ecobank, prosecution said the accused made a false presentation to the bank to pay the amount to Leebda for no work done.

The DPP told the court that a prosecution witness who was a member of the legal sector coordinating committee had testified in court that BMS International carried out the studies on the court computerisation project and submitted a bill, which had been paid.

The prosecution had also led evidence, which said that no contract was signed between the judiciary and Leebda Corporation. The DPP contended that the Head of the Legal Department of the Finance Ministry was also not aware of the two letters Selormey wrote to Ecobank.

These pieces of evidence he said went further to show that a false presentation was made by Selormey to the bank in order to obtain its consent to part with money to Leebda.

On the two counts of conspiracy, the DPP said the accused caused the transfer of 1.29 million dollars to Leebda which he attentioned Dr. Frederick Owusu-Boadu, President of Leebda.

GRi../

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Charges against Selormey are defective - Counsel

Accra (Greater Accra) 04 December 2001 - Leading counsel for Victor Selormey, former Deputy Finance Minister, who is standing trial for financial malpractice, on Monday told the Fast Track Court that six charges brought against his client were defective.

Mr. Johnny Quarshie-Idun submitted that evidence given by prosecution witnesses did not support particulars of the offences Selormey was alleged to have committed. Counsel, therefore, urged the court to acquit and discharge him.

Mr. Quashie-Idun was addressing the court in a case in which Selormey is charged with two counts each of conspiracy, defrauding by false pretences and causing financial loss of 1.297 million dollars to the state.

Selormey has pleaded not guilty and is on a 1.5 billion cedis bail with two sureties to be justified. Counsel said the prosecution had failed to lead evidence that the accused conspired with someone to defraud and cause financial loss.

He said the defence gave evidence that Selormey with the approval of his sector Minister signed a contract for payment of consultancy services for Court Computerisation Project for the Judicial Service.

Mr. Quashie-Idun contended that as a result of the contract, which was signed between his client and Dr Frederick Owusu Boadu of Leebda Corporation, which provided the services, a CD-ROM was produced as part of the project.

Counsel submitted that the CD-ROM, which contained copies of Ghana Law Reports and legal authorities, was in evidence and, therefore, the prosecution could not say that there had been a financial loss.

Replying, Director of Public Prosecutions (DPP), Mr. Osafo Sampong said the charges were not defective. He said the court must find it as a fact that through the acts of Selormey the state incurred a loss.

Mr. Sampong said the state did not sign any contract with Leebda for the accused to cause the transfer of more than 1.2 million dollars to the company.

The DPP said there was enough evidence to show that the contract Selormey entered into with the company did not provide any service.

GRi../

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I signed for $1.1 million court computerisation project- Selormey

Accra (Greater Accra) 28 November 2001 - Victor Selormey, former Deputy Finance Minister, on Tuesday told the Fast Track Court that on November 25, 1998, he signed a contract of 1,106,685 dollars for consultancy services on the Court Computerisation Project.

He said the actual amount paid for the services provided by the Leebda Corporation of the United States (US) was 1,297,500 dollars, because the contract allowed some variations for actual work done.

Selormey was being cross-examined by the Director of Public Prosecutions (DPP) after he has tendered a contract document, which was signed between him and Dr Frederick Boadu, President of Leebda.

Selormey is charged with six counts of conspiracy, defrauding by false pretences and wilfully causing financial loss to the state. He has pleaded not guilty and is on 1.5 billion cedis bail with two sureties to be justified.

Accused had earlier tendered in evidence the contract document and a CD-ROM, which according to him, was produced by Dr Boadu as part of the project.

The former Deputy Minister agreed with a suggestion by the DPP that, even though, the contract stated that payments would be made in three instalments, he caused the fee to be paid in two instalments.

Selormey said the CD-ROM was the one Dr Boadu demonstrated to two judges of the superior courts and which contained copies of Legislative Instruments (LIs), legal authorities and statutes.

Leading counsel for the accused, Mr Johnny Quashie-Idun applied to the court for his client to tender a laptop computer, which could be used to demonstrate how the CD-ROM operated.

The presiding judge, Mr Justice Sam Baddoo overruled the application saying that the contract document mentioned only the CD-ROM and not laptop computer.

A defence witness, Mr Nicholas Charles Agbevor, an Administrator at the Judicial Service said sometime in 1996, Dr Boadu called on the late Chief Justice, Mr Justice Isaac Abban and sold an idea of introducing a computer system into the Service.

Witness said he was present during the discussions after which the Dr Boadu was asked to come out with a "concrete programme" based on what was discussed.

Mr Agbevor said Dr Boadu wrote back and the late Chief Justice asked him (witness) to reply that he could commence work. Witness said he did not know whether the Judicial Service signed any contract with Dr Boadu.

Both sides rested their cases and the court adjourned proceedings to Monday, December three for both sides to submit their addresses.

GRi../

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Selormey's case adjourned to Tuesday for definite hearing

Accra (Greater Accra) 26 November 2001 - The Fast Track Court trying Victor Selormey, former Deputy Finance Minister for defrauding the state by false pretences, on Monday said it was not disposed to granting any more adjournments after Tuesday, November 27, unless an application from defence counsel was valid.

The court, presided over by Mr Justice Sam Baddoo said the defence had enough time from September, this year, to date to put its house in order with regards to some documents it wanted to tender.

Mr Justice Baddoo said this when counsel for Selormey applied for adjournment to Tuesday, to enable it to obtain certain documents the defence wanted to tender from the prosecution.

Mr Johnny Quashie-Idun applied for adjournment because he said the defence had not received the documents, which were in the possession of the prosecution. Counsel said the defence wanted to call three witnesses but none of them was available at the time of applying for adjournment.

Mr Justice Baddoo adjourned proceedings to enable the defence to produce the witnesses and obtain the documents. He, however, repeated that the court would not entertain any adjournments from the defence.

Sometime in September, the defence wanted to tender a CD-ROM and contract document through its witness but the court refused and ruled that the accused should tender them.

Selormey appealed against the court's ruling but the Court of Appeal dismissed it. He again appealed to the Supreme Court, which upheld the trial court ruling and ordered that the case be sent back to the lower court.

Selormey has pleaded not guilty to six counts of conspiracy, defrauding by false pretences and wilfully causing financial loss of 1.2 million dollars to the state. He is on a 1.5 billion cedis bail with two sureties to be justified.

GRi../

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Supreme Court dismisses Selormey's application

Accra - 21 November 2001- The Supreme Court has dismissed an application by Victor Selormey, former Deputy Minister of Finance, against certain orders made by the Fast Track Court (FTC) in his trial for malpractice in the court computerization project.

In its unanimous decision read by Mrs. Justice Joyce Bamford-Addo, the court referred the matter back to the FTC for continuation. Giving reasons for its ruling, the Supreme Court said it upheld the decision of the trial court that documents covering the Court Computerization Project, could only be tendered in evidence by those who signed the contract.

The court explained that it was untenable in law for the defence to assume that the documents had to be tendered by the prosecution witness who was only an investigator in the case.

The court stated that since the investigator did not sign the contract he would not be in a proper position to answer questions about the documents if he tendered them. Selormey has been charged with six counts of conspiracy, defrauding by false pretences and willfully causing financial loss to the State.

He is alleged to have conspired with Dr Fred Owusu-Boadu, a Ghanaian consultant in the United States, to fraudulently cause the loss of 1,297,500 dollars to the State. The former deputy Finance Minister who has pleaded not guilty to the charges is on 1.5 billion cedis bail with two sureties to be justified.

Mr. Justice Sam Baddoo, an Appeal Court Judge, sitting as an additional High Court Judge, is the presiding judge at his trial at the FTC. The Supreme Court was presided over by Mr. Justice Edward Kwame Wiredu, Chief Justice.The other panel members were Mrs. Justice Bamford-Addo, Mr. Justice A.K.B. Ampiah, Mr. Justice E.D.K. Adjabeng, Mr. Justice William Atuguba, Mr. Justice George Lamptey and Ms Justice Sophia Akuffo.

GRi../

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Akufo-Addo apologises over Selormey case?

Accra - 19 November 2001- The Independent, an Accra private newspaper, reports that Attorney-General and Minister for Justice, Nana Akufo-Addo has apologised to the President and the entire Cabinet for dropping one of the charges against Mr. Victor Selormey who is being tried by the Fast Truck Court.

The A-G who was reached by a radio station in the capital this morning said he just returned from a trip overseas and needed time to read the news as published by the Independent before making any comments.

Selormey was charged for allegedly buying a car he ordered from the United States, which was overvalued by 7,000 dollars. The deputy minister has since paid the amount, hence the A-G's decision to drop the case.

The paper says, "credible information emanating from our Castle sources indicate at an earlier Cabinet meeting, president Kufuor had put the issue of whether government should accept the offer by Dr. Robert Dodoo, former head of the Civil Service to pay for the cost of a lift that was to have been installed at the office of the Civil Service or put him on trial.

Most cabinet members, The Independent was told, did not favour the option of allowing Dr. Dodoo to pay for the use of the lift, said to be about 70 million cedis. Rather, they opted for a trial of Dr. Dodoo on the grounds that even their former colleague, Mallam Isa is doing time at Nsawam for his indiscretion n handling money.

Weeks after that, cabinet was shocked to read from the media that the A-G had left Selormey off the hook on a second charge involving the acquisition of a vehicle.

According to sources, not even the President was informed before the withdrawal of the charge, which was effected by Director of State Prosecution, Mr. Osafo Sampong. Thus, at a subsequent cabinet meeting, most cabinet members expressed their displeasure with the way Nana Akufo-Addo handled with the withdrawal, which fuelled speculation among sections of National Democratic Congress (NDC) fanatics who were quick to jump to the conclusion that government has realised that it had no case against Selormey.

"The crest-fallen Nana Addo who is known for his legendary grit then had no option than to apologise profusely to his colleagues and the President for the faux pas," the paper said.

Early last week, sections of the media reported of the displeasure of the state security apparatus with the A-Gs decision to file the nolle prosequoi against Selormey on the second charge because they were reported to have spent large sums of money in establishing the prima facie against Selormey on the acquisition of the vehicle.

GRi../

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Charges dropped because Selormey refunded money

Accra - 2 November 2001- The Attorney-General's Department has explained that it decided to discontinue with one of the two cases involving Victor Selormey, former Deputy Minister of Finance, currently pending before an Accra Circuit Tribunal because he has refunded the money involved.

Selormey paid the outstanding balance of 7,000 (¢49,598,500) into the Foreign Account at the Bank of Ghana on August 14, 2001 and was issued a receipt No. 92017757 c/o Kwaku Baah & Co. Bo 3961, Accra.

Miss Gloria Akuffo, Deputy Attorney-General and Minister of Justice, told "The Evening News" in Accra on Thursday that the amount represents the difference relating to the purchase of the vehicle.

She said the actual cost of the vehicle was 38,000 dollars, but Selormey caused the transfer of the 45,000 dollars to Messrs LEXDEV International, USA.

Miss Akuffo said the withdrawal of the charge levelled against Selormey showed that the government was not interested in Hauling ex-Ministers of the previous administration to court.

She said another reason was that the government did not want to be petty and vindictive, hence it decided not to pursue that case, adding that even Selormey going ahead to pay the difference showed that he had admitted his guilty without being coerced into doing so.

Miss Akuffo stated that it would be unfortunate for people to think that the government did not investigate the case well before rushing to court.

"Every case being pursued by the government in court has been thoroughly investigated for concrete evidence to be established and so there is nothing like harassment and witch hunting" she said.

Asked why the Ministry of Justice and the A-G's Department did not give this explanation long ago, Miss Akuffo said it was professionally unethical to do so and that it was also meant to keep faith with the need to keep quiet on it.

"But now that the issue is in the public domain we have no alternative than to come out and explain the circumstances surrounding the latest turn of events" she stated.

She said the government wants to govern by the rule of law and that "it does not want to be petty and vindictive".

It is recalled that an Accra Circuit Tribunal chaired by Mr Ziblim Imoru, on Tuesday granted an application by the Director of Public Prosecution, Mr Osafo Sampong, to withdraw the charge of causing loss by carelessness to public property against Mr Selormey.

He was alleged to have caused the transfer of 45,000 dollars to LEXDEV International for the purchase of a vehicle.

GRi../

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New case against Selormey withdrawn

Accra - 30 October 2001- The state on Monday withdrew charges levelled against Victor Selormey, former Deputy Minister of Finance in one of the two cases for which he is being tried.

An Accra Circuit Tribunal chaired by Mr Ziblim Imoru granted an application by the Director of Pubic Prosecution (DPP), Mr Osafo Sampong to withdraw charges of causing loss by carelessness to public property against the former minister. No reason was given by the DPP.

Selormey was alleged to have caused the transfer of 68,000 dollars to Leebda Corporation of USA as consultancy fees and 45,000 dollars to LEXDEV International for the purchase of a vehicle. He pleaded not guilty and was granted 100 million cedis bail.

He is facing another charge at the Fast Tract Court for transferring more than one million cedis to Leebda for the court computerisation project.

Prosecuting Deputy Superintendent of Police Patrick Sarpong had told the tribunal earlier that in February 1998 Selormey caused Metropolitan and Allied Bank, Ghana, to transfer 45,000 dollars to Messrs LEXDEV International, USA, also known as Leebda Corporation. Dr Frederick Owusu Boadu, a friend of Selormey, owns the corporation.

The money was for payment of a vehicle bought by the state under the Trade and Investment Programme (TIP). The prosecution said the invoice quoted 38,301 dollars as the total cost of the vehicle together with all other expenses including freight.

He said the accused nevertheless caused 45,000 dollars to be transferred to purchase the vehicle. Between August and December 1998, the prosecution said, Selormey again caused the transfer to the same company of 68,000 dollars as payment of consultancy fees.

The government at that time had wanted to study how to make the private sector competitive through legislative and administrative reforms.

The prosecution said the accused quickly and quietly contracted LEXDEV, also known as Leebda, to prepare a consultancy contract without allowing any government representative to see it. He also did not allow it to be studied by the legal department of the ministry.

The case was detected in April this year when the accused was out of office and a report was made to the police for investigation, which revealed that Selormey was careless in over paying for the vehicle as well as "consultancy fees" for preparation of a contract when no work had been done.

GRi../

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Selormey goes to Supreme Court

Accra - 17 October 2001 - The Fast Truck Court trying former deputy Finance Minister, Victor Selormey has granted an application for stay of proceedings.

The application is to enable the accused to pursue an appeal filed at the Supreme Court challenging the court's refusal to admit in evidence, a CD-rom and contract documents through some defence witness.

Defence Counsel earlier erred in filing the application and it agreed last week to put "its" house in order. Consequently, the application was filed afresh at the fast truck court last Monday. Usually two days elapsed before the case is heard, but prosecution allowed it.

Justice Samuel Baddoo, an Appeal Court judge on the case, adjourned proceedings until October 29 to allow the Supreme Court to determine the appeal.

Deputy Attorney General, Sophia Akuffo said although the application was filed only on Monday, they (prosecution) did not wish to withhold it despite the abuses by the Defence Counsel.

She expressed surprise at the manner in which the motion paper was couched and said "we are not opposed to the application, so proceedings could be stayed.

Prosecution says it wants the object of the fast truck court to be maintained to ensure the expeditious settlement of cases.

GRi../

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Selormey's appeal fails

Accra - 28 Sept 2001- The court of Appeal in a 2:1 majority decision dismissed Victor Selormey's appeal yesterday noting that the trial judge favoured Selormey by recalling him to tender evidence. "It was in the interest of justice to permit Selormey to tender the document".

The court presided over by Justice Kwame Afreh in his ruling said that the judge has a discretionary power to recall witness to tender exhibits in evidence.

He, therefore, said that the trial judge, Justice Sam Baddoo did not err in law when he ruled that Selormey who had given his evidence already could be recalled to tender the CD-ROM and the contract agreement. Justices Kwame Afreh and Omari Sasu dismissed the appeal while Justice Sulley Gbadegbe dissented.

The court ruled that the trial judge acted within his rights when he ruled that the documents and CD-ROM could only be tendered by somebody who has a personal knowledge of the document. Selormey, dissatisfied with Justice Sam Baddoo's ruling, filed an interlocutory appeal against his ruling.

The grounds of the appeal was that the judge had erred by not allowing Inspector Sam Awotwi to tender in attachments of documents including the contract after the court had admitted the covering letter.

Counsel for Selormey had also contended that the CD-ROM should have been admitted in evidence and demonstrated by witness who came to tender it.

On the question of not marking the exhibit as reject, canvassed by Mr. Quarshie-Idun to say that the trial judge erred, the Court of Appeal expressed different opinion saying that the judge did not reject the exhibit but rather it were witnesses who were not qualified to tender the exhibit.

The fact that the documents were mentioned does not mean that they were tendered as reject.

The court further contended that the trial judge had to adjourn the case with the tacit agreement that the defence team was going to call Dr. Fredua Boadu to tender the exhibit but he failed to appear before the court. The court, therefore, told Selormey to go back to the High Court.

GRi../

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Selormey faces another charge

Accra - 21 September 2001- Victor Selormey, former Deputy Finance Minister, on Wednesday appeared before a Circuit Tribunal in Accra charged with causing loss by carelessness to public property.

He is alleged to have caused the transfer of 68,000 dollars to Leebda Corporation of USA as consultancy fees and also transferring 45,000 dollars to LEXDEV International for the purchase of a vehicle.

Selormey, who pleaded not guilty, told the tribunal that his counsel, Mr Johnny Quarshie-Idun, could not be reached after they had left the Fast Track Court and prayed for adjournment.

The tribunal, chaired by Mr Ziblim Imoru, granted him 200 million cedis bail with one surety to be justified.

But Selormey returned to court with another counsel, Mr Attah Mensah, who pleaded with the tribunal to reduce the bail bond. The request was granted and the bail was reduced to 100 million cedis. He will reappear on October 8.

Deputy Superintendent of Police Patrick Sarpong said in February 1998 Selormey caused the Metropolitan and Allied Bank, Ghana, to transfer 45,000 dollars to Messrs Lexdev International, USA, also known as Leebda Corporation owned by Dr Frederick Owusu Boadu, his friend.

The money was for payment of a vehicle bought by the state under the Trade and Investment Programme (TIP) but which the invoice quoted 38,301 dollars as the total cost of the vehicle together with all other expenses including freight.

The accused nevertheless caused 45,000 dollars to be transferred for the purchase of the vehicle. Between August and December 1998, the prosecution said, Selormey again caused the transfer to the same company of 68,000 dollars as payment of consultancy fees.

The government at that time had wanted to study how to make the private sector competitive through legislative and administrative reforms.

The prosecution said the accused quickly and quietly contracted Lexdev also known as Leebda to prepare a consultancy contract without allowing any government epresentative to see the contract that normally should have been studied by the legal department of the ministry.

The case was detected in April this year when the accused was out of office and a report was made to the police for investigation.

The investigations revealed that Selormey was careless in over paying for the vehicle as well as paying for what he termed ''consultancy fees'' for preparation of a contract when no work was done.

Meanwhile, the Fast Track High Court (FTHC) trying Selormey for alleged financial impropriety on Wednesday adjourned to October 3.

Mr Justice Sam Baddoo, the presiding judge, said the adjournment had become necessary because an appeal filed by Selormey against certain interlocutory orders the court made needed to be determined first by the Court of Appeal.

On September 12, the Appeal Court presided over by Mr Justice Kwame Afreh ordered that the FTHC stayed proceedings pending the determination of Selormey's appeal.

The former deputy Finance Minister has pleaded not guilty to six counts of conspiracy, defrauding by false pretences and wilfully causing financial loss to the state in connection with a court computerisation project.

He is alleged to have conspired with Dr Owusu Boadu, a US-based Ghanaian, to fraudulently cause the loss of 1,297,500 dollars to the state. The court has granted him 1.5 billion cedis bail with two sureties to be justified.

GRi../

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Judge erred for not allowing contract to be tendered - Counsel

Accra - 11 September 2001- Leading counsel for Victor Selormey, a former Deputy Minister of Finance on Tuesday submitted that a contract was signed between Selormey and a Ghanaian consultant in the US on the Court Computerisation Project.

Mr Johnny Quashie-Idun said the trial judge at the Fast Track Court (FTC), Mr Justice Sam G Baddoo, therefore, erred in law for not allowing the contract document to be tendered through a defence witness.

Mr Quashie-Idun was making submissions in a case in which Selormey has appealed against a FTC ruling at the Court of Appeal. Mr Justice Baddoo last month ruled that only Selormey or the consultant could tender the contract since they were the only parties to it.

Selormey is charged with fraudulently causing a loss of 1.3 million dollars to the state. He has pleaded not guilty to two counts of conspiracy and causing financial loss and is on a 1.5 billion-cedi bail with two sureties to be justified.

Counsel contended that the contract document was among documents, which solicitors of Selormey and the consultant submitted to Mr Sam Awortwi, head of investigations in the case at the Police Headquarters.

He submitted that the defence repeatedly applied to the trial court to recall Mr Awortwi, who had earlier given evidence, and tender the contract document through him but this was overruled.

Mr Quashie-Idun said it was wrong in law, for the court to deny the defence the opportunity to recall a witness, who had testified that there was a document on the contract among a number of documents received from the solicitors.

Counsel said it was equally wrong and inconceivable for the prosecution to perceive that there was no contract on a project for which 1.3 million dollars was paid. Hearing continues on Wednesday.

GRi../

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Selormey's case on hold till September 12

Accra - 01 September 2001- The trial of Victor Selormey, a former Deputy Minister of Finance in the court computerisation case, has been put on hold until September 12, this year.

The Fast Track High Court, which is hearing the case, granted the long adjournment at its sitting yesterday in Accra to enable the defence team to move a motion at the Court of Appeal for a stay of proceedings pending the determination of an appeal. The application would be moved on September 10.

At the court's sitting on August 24, Mr Barimah Manu, one of the lawyers of Selormey informed the court that the defence team had filed a motion for stay of proceedings at the Appeal Court.

However, the court, presided over by Mr Justice Sam Baddoo, an Appeal Court Judge, who is sitting as an additional High Court Judge, adjourned proceedings to yesterday for the defence to furnish him with the motion papers.

Selormey has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and wilfully causing financial loss to the state. He has pleaded not guilty to the charges and is currently on a ¢1.5 billion bail with two sureties to be justified.

The former Deputy Minister is alleged to have conspired with one Dr Frederick Owusu-Boadu, Chief Executive Officer of Leebda Corporation of the United States of America, to fraudulently cause the loss of $1,297,500 to the state.

It would be recalled that on August 16, the court authorised the defence team to recall Selormey to give further evidence.

This was to enable the accused person to tender in evidence a contract document he signed with Leebda Corporation, in his capacity as a deputy minister, for a court computerisation project in Ghana.

It was also to provide Selormey with the opportunity to tender in evidence a CD ROM, which was produced by Leebda Corporation in connection with the project. The court arrived at the decision in its ruling on a motion for stay of proceedings filed by defence counsel.

The defence team, led by Mr Johnny Quarshie-Idun, however, refused the proposal by the court on the grounds that it was not in the interest of both the accused person and the law generally.

The grounds for the appeal are that throughout the course of the proceedings, counsel had sought to put across to the witnesses of the prosecution that there was a contract entered into between Leebda Corporation and the Ministry of Finance.

According to an affidavit in support of the motion, in the evidence of Assistant Superintendent of Police, Mr Jeff Edward Musore, who was the investigator in the case, he said under cross-examination that he received some documents from the solicitors of Leebda, which he admitted in his evidence to include a project proposal and a consultancy contract.

It said in the evidence of the accused, counsel took pains to spell out the contract the Ministry of Finance entered into with Leebda, the terms thereof and the fact that a CD ROM was produced.

According to the affidavit, when the solicitors of Leebda sought to lay a foundation for the tendering of the CD ROM, the court refused to allow it, on the grounds that there was no contract in evidence and that they did not produce the CD ROM. This, it added, was in spite of evidence of a contract on record.

The affidavit said in the evidence of Mr Sam Awortwi, who was the head of the investigation team, he admitted to having received a letter dated May 22, 2001, together with some attachments.

The affidavit said although the court admitted the letter into evidence, it refused to admit the attachments, which were made up of the proposal, the consultancy contract, an inception report and comments by some members of the Judiciary on the demonstration of the CD ROM.

It said Mr Justice F. Y. Kpegah and Mr Justice George Kingsley Acquah, both Supreme Court judges, and Mrs Sabina Ofori-Boateng, an official of the Attorney-General's Department, testified in court that they saw a demonstration of the CD ROM by Dr Owusu-Boadu.

"When leave was sought to have the CD ROM demonstrated in court to enable them to say whether it was the same product that was demonstrated to them by Dr Owusu-Boadu, the court refused," it added.

GRi../

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Appeal Court to hear Selormey's writ ......of "stay of proceedings" on September 10

Accra - 24 August 2001 - The Fast Track High Court has adjourned to August 31, the case in which Victor Selormey, a former Deputy Minister of Finance, is charged with wilfully causing the loss of 1.3 million dollars to the state, pending the hearing of a motion for stay of proceedings filed at the Court of Appeal.

This followed a submission by Defence Counsel, Mr. Barima Manu that the defence had filed a writ on August 22 for a stay of proceedings.

The Fast Track Court, presided by Mr. Justice Sam G. Baddoo, an Appeal Court Judge sitting as additional High Court Judge, said although the court has not been served with a copy of the writ, it was depending on the information by Defence Counsel to grant a week's adjournment.

The motion has been fixed for Monday, September 10. Selormey is additionally charged with conspiring with Dr Frederick Owusu Boadu, President of Leebda Corporation Limited in Texas, United States and defrauding by false pretences.

He has pleaded not guilty and has been admitted to 1.5 billion cedis bail with two sureties to be justified.

GRi../

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Abodakpi, Selormey in a 2.7 billion fake contract

Accra - 21 August 2001- The collision between the two former Ministers of State, Dan Abodakpi MP and Victor Selormey in transferring huge sums of money to their "partner", Dr. Owusu Buadu in Texas USA for what has been described as "highly suspicious" contracts appears to have no ending.

Another "dubious" contract that stands the likelihood of prosecution is the transfer of 400,000 US dollars or 2.73 billion to Owusu Buadu by the two former Ministers for the establishment of what was described as a Science and Technology Park/Valley, similar to the Silicon Vally in the USA.

"Evening News" investigations chanced upon documents currently circulating within government circles in which Abodakpi and Selormey diverted project funds meant for on lending to non-traditional exporting companies to pay for consultancy services.

Ironically, the services they purported to pay for had been already provided for, under the Gateway Project of the Ministry of Trade and Industry. Investigations also indicate that the Gateway Secretariat had no knowledge of the contracting project nor was it privy to any report on it.

The document according to the paper states unambiguously that the Ministry "must have paid for a proposal instead of a feasibility study because of the nature of the output."

"Proposals from consultants to clients are normally never paid for. The transfer to the consultant was not made in furthering the objective of the Trade and Investment Programme."

A special investigations team that is currently auditing both financial and management acts of malfeasance committed in the past regime concluded that the use of the project funds for consultancy services constitutes misprocurement. "It is clearly evident that the contract submitted is tainted with fraud as it was not witnessed by the legal officers at the Trade Ministry or the Attorney General's Department for a contract of this magnitude.

What probably raised eyebrows about the contract were that the payment in four separate transfers was effected very close to 2000 elections.

The amount was transferred on authorization by Mr. Selormey who is also standing trial for a 1.5 million dollar court computerization project, to Dr. Fred Buadu's local bank account number 1101015760111, through ECOBANK Ghana Limited on October 18, November 3, December 15 and December 29, 2000.

The transfers of 250 million cedis, 300 million cedis, 115.6 million cedis and 2,066 million had no official correspondence whatsoever between Dr. Buadu and either the Ministry of Finance or Ministry of Trade and Industry.

According to the report, both Abodakpi and the Consultant signed what was purported to be a contract, but there was no witness to the contract. Also, the contract document was not initiated page by page as required.

It lacked the details information required in a feasibility study, such as market analysis to determine the financial viability of the science and technology community project and risk analysis of the project.

Among the conclusions by the team was the highly irregular use of Texas and A and M University letterhead to bill for US $300,000 when the University was not a party to the contract.

It was also noted that although under the Ghana Income Tax law, every person who is responsible for paying money to any person for services provided or similar payment shall deduct tax at the rate of five per cent from such payment and pay the amount deducted forthwith to the Commissioner of IRS, the full contract sum was transferred to Buadu's Account in ECOBANK without deducting the five per cent withholding tax.

Section 1 sub-section 2 of the Income Tax Decree 1975 S.M.C.D.S stipulates that tax shall be payable upon the income of any person accruing in, derived from, brought into or received in Ghana in respect of gains or profits from any trade, business profession or vocation for whatever period of time such trade business, profession or vacation may have been carried on or exercised.

Dr. Owusu Buadu, it was learnt has not paid income tax on the income accrued in or derived from Ghana.

GRi../

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Dr Boadu vanishes in the USA

Accra - 17 August 2001 - A US based Ghanaian consultant and lecturer at the A&M Texas Station University in the United States of America Dr Frederick Boadu is reported to have fled the country for reasons that are unclear.

It is also not known whether his action has anything to do with a Dr Frederick Boadu who is currently wanted in Ghana to come and assist in an ongoing trial over a $1,297,500 Court Computerisation Project in which a former Deputy Finance Minister, Victor Selormey, has been dragged before a Fast Track High Court to explain circumstances leading to the transfer of various sums of monies in hard currency to a Dr Frederick Boadu, amounting to $1,297,500.

The Guide says its investigations in the US reveal that Dr Boadu has since quit his position at the A&M University in Texas, and has not been seen in and around Houston, and Boston both cities in Texas and Massachusetts respectively.

GRi../

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Selormey can tender CD Rom in evidence

Accra - 15 August 2001- The Fast Track Court has ruled that former deputy Finance Minister, Victor Selormey, can tender in evidence a CD-ROM and a contract he signed with a US-based Ghanaian consultant, Dr Frederick Owusu-Boadu for the Court computerisation Programme. The court's ruling followed an application by defense counsel for stay of proceedings pending an appeal against the court's earlier decision not to allow the CD-ROM and a contract signed by Selormey and Dr. Boadi to be tendered in evidence.

The court presided over by Justice Sam Baddoo said since the defense's bone of contention was over the two items, it was giving Mr. Selormey the opportunity to prepare his defence by allowing the CD-rom and the contract document into evidence.

Selormey is answering charges of conspiracy and fraudulently causing the loss of about $1.2 million dollars to the state. He has pleaded not guilty and is on a 1.5 billion Cedis bail with two sureties to be justified.

Justice Baddoo said it was on record that only Selormey and Dr Owusu-Boadu signed the contract and since Dr Owusu-Boadu had failed to appear before the court, Selormey was the only person who could answer questions on it.

He said the essence of the ruling was to expedite the trial to save the time of sending the matter to the Court of Appeal. Mr. Johnny Quashie-Idun, leading counsel for Selormey, however, differed with the court and preferred that the items be tendered through any of the three defense witnesses, including two Appeal Court Judges who testified that the CD-ROM was "superb" when Dr Owusu-Boadu demonstrated it uses to them.

Counsel said he was surprised by the court's decision to allow Mr. Selormey to tender the CD-ROM in evidence because the defence wanted the items to be tendered through any of the witnesses who had testified on them. He, therefore, applied to the court to grant him time to "digest" the ruling to determine the next line of action. The court obliged and adjourned to Friday, August 17.

GRi../

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Dr Boadu fails to show up in Court again

Accra - 11 August 2001- Mr. Justice George K. Acquah, a Supreme Court Judge, on Thursday told the Fast Track Court in Accra that sometime in August 1999, Dr. Frederick Owusu Boadu of Leebda Corporation Limited in Texas demonstrated how the CD-rom operated.

He said the demonstration was done in his chambers when Dr Boadu called on him to introduce himself and to discuss how the rom could be used in recording court proceedings and judgements.

Mr Justice Acquah, who is also the Chairman of the Council for Ghana Law Reports, was giving evidence for the defence in the case in which Victor Selormey, a former Deputy Minister of Finance, is charged with conspiracy and fraudulently causing the loss of 1.3 million dollars to the state.

The former deputy minister has pleaded not guilty and is on 1.5 billion cedis bail with two sureties to be justified. Witness described the gadget as an "excellent exhibition of CD-rom through a lap top".

Cross-examined by Mr. Osafo Sampong, Director of Public Prosecution (DPP), Mr. Justice Acquah said he did not know that there was any agreement between Leebda Corporation and the Judicial Service, with regard to the CD-rom.

Witness said he was in the chambers with a colleague, Mr. Justice Francis Yaw Kpegah when Dr. Boadu did the demonstration.

In his evidence, Mr Justice Kpegah was shown a rom by Mr J.B. Quashie-Idun, counsel for Selormey, but witness said he could not identify it as the one demonstrated by Dr Boadu.

The prosecution objected to the rom being tendered in evidence through witness on the grounds that Mr Justice Kpegah would not be able to answer questions on it.

The Presiding Judge Mr. Justice Sam G. Baddoo upheld the objection and said since the rom has not been identified, it could not be tendered through the witness.

Another defence witness, Mrs Sabina Ofori Boateng, Director of Legislative Drafting at the Attorney General's Department, said sometime in June 1999, she happened to meet Dr. Boadu in her office where he demonstrated the CD-rom to her.

She said she wrote a letter on June 2, 1999, to Dr Boadu expressing her desire for the project to be implemented. Mrs Boateng could not tell the court if Dr Boadu signed any contract with the Ministry of Justice, saying she worked in a different department.

Mr Quashie-Idun earlier told the court that Dr Boadu was still facing problems and could therefore, not arrive to give evidence in the case.

He said the defence still expects him to come and testify. The court had granted Mr. Quashie-Idun's application for a two-week adjournment to give the defence a second chance for Dr. Boadu to come and give evidence. Hearing continues on Friday.

GRi../

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Selormey's counsel insists court accepts CD-rom

Accra - 10 August 2001- There was a long legal tussle between the bench and defence counsel at the Fast Track Court over the tendering of a CD-rom in evidence in the trial of former Deputy Minister of Finance, Victor Selormey for his involvement in the Court's Computerisation Project.

The argument arose when Counsel, Mr Johnny Quashie-Idun wanted to tender the CD-rom through a defence witness, Mr Justice Samuel Brobbey, Judge of the Court of Appeal.

This was after witness had testified that sometime in June 1999, Dr. Frederick Owusu-Boadu, President of Leebda Corporation Limited in the United States, demonstrated how the gadget operated through a lap-top, and on which some legal documents had been recorded.

Counsel asked witness if he could identify the disc and its contents, when a demonstration was done in court, but the presiding judge, Mr Justice Sam G. Baddoo overruled the question, saying in criminal law if an exhibit was not identified it could not be tendered in evidence.

Selormey who has pleaded not guilty to conspiracy, stealing and causing financial loss of 1.3 million dollars to the state is on 500 billion cedis bail.

Mr Justice Baddoo reminded counsel about the testimony of two defence witnesses at an earlier sitting that Dr Boadu had demonstrated a CD-rom to them but that they could not say whether it was the one counsel wanted to tender in evidence.

The judge told counsel that the appropriate person whom the defence could call to tender the gadget in evidence was the one who demonstrated it and knew the contents of the disc.

Apparently not satisfied with the explanation by the judge, Mr Quashie-Idun insisted that the CD-rom be tendered to buttress the claim by the defence that an agreement or contract was made and work had begun on the project.

When counsel's application to tender the gadget was overruled, he told the court that he has filed an application for stay of proceedings pending an appeal against the court's ruling on the CD-rom. Mr Quashie-Idun said the application, has been slated for hearing on Tuesday, August 14.

Earlier the court dismissed an application by counsel to recall a defence witness, Mr. Sam Awortwi, Commissioner of Police who investigated the case of the accused.

Mr. Justice Baddoo said the witness was extensively cross-examined by the prosecution whether there was any agreement on the project, but he answered in the negative.

The court said there were specific rules for the recall of a witness who had already testified, adding that counsel has not given enough reasons why the witness should be recalled.

Mr. Justice Baddoo said the court has the discretion to allow witness who had testified when it believed that there was a new development to the case.

This, the court said, the defence failed to do.Mr. Quashie-Idun claimed that Mr. Awortwi was in possession of the contract documents, which the police collected from Selormey.

Counsel said he wanted the witness to produce the document to buttress defence's claim that an agreement was made and that work was done on the project. Hearing continues on Tuesday, August 14.

GRi../

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Dr Boadu fails to show up

Accra - 27 July 2001- Dr Fredrick Owusu Boadu, President of the Leebda Corporation Limited in Texas, US, a key personality in the Court Computerisation case, failed to appear before the Fast Track Court in Accra to give evidence for the defence.

He would have given evidence for Victor Selormey, former Deputy Finance Minister, who is accused of having conspired with him (Dr Boadu) to fraudulently cause the loss of 1.3 million cedis to the state.

The former deputy minister has pleaded not guilty to conspiracy, defrauding by false pretence and willfully causing financial loss to the state. He has been granted 1.5 billion cedis bail with two sureties to be justified.

Dr Boadu or a representative of Leebda Corporation was to tender in evidence documents which include attachments to a letter to the Inspector General of Police (IGP).

Bram Larbi and Beecham, the law firm that represented Leebda Corporation in Ghana during investigations conducted by the police into the case, wrote the letter on behalf of Leebda Corporation.

Defence Counsel led by Mr John B. Quarshie-Idun told the court presided by Mr Justice Sam G. Baddoo, an Appeal Court Judge sitting as a High Court Judge, that "the documents speak for themselves, and that the law allows that they are admitted in evidence."

Other members of the defence team are Mr. Barimah Manu and Mr. Kwaku Baah. The prosecution is represented by Ms Gloria Afua Akuffo, Deputy Attorney General and Mr Osafo Sampong, Director of Public Prosecution.

Mr Quarshie-Idun said the defence has a genuine problem, saying a message was received from Texas that due to the homecoming summit, all flights were fully booked and it became difficult for his client to come down to Ghana.

He added: "Much as the spirit of Dr Boadu may be willing to come to Ghana, the physical body may not be willing."

Mr Quarshie-Idun said when a document is produced and rejected by the court, it should be considered that the document was tendered and rejected, adding that the document was one of those that the defence had to tender to prove its case.

He said in as much as the defence appreciates the dispensation of justice by the Fast Track Court, it should not sacrifice justice at the alter of speed.

The court granted an application by Mr. Quarshie-Idun for a two-week adjournment to give the defence another chance for Dr Boadu to come and give evidence.

This was after counsel had agreed to withdraw two motions for stay of prosecution and appeal against the court's refusal to accept in evidence the document tendered by Dr Boadu's legal representatives in Ghana.

Reacting to the motions Deputy Attorney-General, Ms Akuffo said though the prosecution did not receive a copy of the "stay of prosecution," it was ready to "reply in law."

Ms Akuffo said the prosecution was prepared to accept the adjournment if the defence would withdraw the "stay of prosecution" and subject to the court's convenience.

She, however, reminded the court of the legal vacation, and said the trial could not be adjourned beyond two weeks.

The order for Dr Boadu to appear came when the court ruled that Mr. Sam Awortwi, Commissioner of Police, who represented the Inspector General of Police (IGP), could not answer questions on the exhibit which he was to tender.

It said since there was no one else present when the accused signed the contract it was only Selormey or Dr Boadu who could tender it in evidence.

The court noted that since the start of the trial on July 8, the defence had had sufficient time to put its house in order and to arrange to bring such a vital witness to testify in the case.

In granting the request for adjournment Justice Baddoo advised counsel not to go through the back of the legal door in future to make applications when it had genuine problems.

GRi../

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Selormey's counsel pleads for more time to produce key witness

Accra - 26 July 2001- The Fast Track court trying the case in which former deputy finance minister, Victor Selormey is being tried for causing financial loss to the state has adjourned till the 9th of August to allow defence counsel present a key witness, Dr.Boadu to give evidence before the court.

This follows an application by a new counsel for Mr. Selormey, Mr. J.B Quarshie Idun praying the court to give his client more time to produce Dr.Boadu, the managing director of Leebda Corporation in the United States who is alleged to have conspired with Mr. Selormey to cause the loss of about 1.2 million dollars to the state.

Mr.Idun who was representing the accused for the first time also prayed the court to admit the cd-rom and the appendix to a letter written to the IGP that contained the contract, which was refused by the court at the last adjourned date.

He contended that such evidence constituted his client's core defence argument and it was wrong for the court to refuse to admit them in evidence. The judge responded by promising to consider Mr. Quarshie Idun's plea at the next sitting.

GRi../

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Selormey ordered to produce Dr. Boadu

Accra - 26 July 2001- The Fast Track Court trying the case in which former Deputy Finance Minister, Victor Selormey, is being tried for causing financial loss of $1.2 million to the state, has ordered his defence counsel to produce Dr. Frederick Owusu Boadu before the court on July 26. Mr. Selormey is said to have transferred the money to Dr. Owusu Boadu of Leebda Corporation in the United States of America, as payment for a Court Computerization project.

Dr. Boadu is expected to tender vital documents in evidence on behalf of the defence. The judge, Mr. Sam Baddoo, says the court will proceed without the evidence if he does not make an appearance. He also asked the defence to be ready to close the case at the adjourned date if it was unable to produce Dr. Boadu since he was delaying proceedings.

The order was given after the Court refused an application by counsel for Selormey, to tender the documents in evidence through Mr. Sam Awortwi, a Commissioner of Police and head of the team that conducted investigations into the case.

The court insisted that it was unlawful for Mr. Awortwi to tender the documents since he did not author them. The case was therefore adjourned to July 26.

GRi../

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Solicitor for Leebda Corporation testifies in Selormey's case

Accra - 18 July 2001- Mr. Frank William Beecham, solicitor for Dr. Fredrick Owusu Boadu, President of Leebda Corporation Limited in Texas, USA, on Tuesday told the Fast Track Court in Accra that as far as he is aware, Leebda does exist.

Mr. Beecham, a partner in Bram Larbie and Company a firm of legal practitioners, said as a solicitor he keeps documents and that he has documents to show that Leebda Corporation is a registered entity.

The solicitor, who is the third defence witness, was giving evidence in the case in which Victor Selormey, a former Deputy Finance Minister, is charged with conspiring with Dr. Boadu to fraudulently cause the loss of 1.3 million dollars to the state and defrauding by false pretences.

Selormey has pleaded not guilty and is on a 1.5 billion-cedi bail with two sureties to be justified. The court is presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting as additional High Court Judge.

Led in evidence by Defence Counsel, Mr. Barimah Manu, Mr Beecham said Dr. Boadu asked his solicitors to send several documents to the police for their investigations in the matter before the court. He said the letter was despatched through the post with four attachments.

According to him, the first attachment was the proposal from Leebda to the Ministry of Finance, the second was the contract between the Ministry of Finance and his client, the third was the copy of the inception report by his client, while the fourth was a collection of comments from various persons to see his client demonstrate the product.

Witness tendered a document, which he said was a copy of the letter sent to the police, but the court rejected, saying it was coming from the witness (solicitor) to the Inspector General of Police and not from Leebda.

Mr Justice Baddoo pointed out that the solicitors wrote the letter and there was nothing to show that the IGP has received it.

Referring to Section 149 of the Evidence Decree, Justice Baddoo said "documents must be tendered by a representative of the business, who is responsible for keeping records and familiar with them." He said "familiar with", refers to the representative and not the solicitor.

When counsel enquired from witness if he knew what the contract was to do and whether it was executed, the Judge said the contract or document was not in evidence and did not see it relevant for witness to talk about it.

Mr. Beecham said his client has given him a product of the contract and that he was prepared to show to the court that some work had been executed. But the prosecution objected to that arguing that "since the contract document is not here, we cannot talk about its product."

However, defence counsel replied that the issue of the product was not that of the terms of the contract. He said the contract document has nothing to do with the CD ROMS and that no contract was actually signed.

Ruling on the issue, the court said witness was not competent enough to tender the letter, since the court did not know the content of the contract.

At this stage, defence counsel declared its intentions to summon the IGP or his representative to testify, that they have received the letter.

Witness disclosed that he asked his client in USA to assist with the product in order to beef up their evidence, but surprisingly, the Bureau of National Investigations (BNI) impounded the product including a lab top and CD ROMS at the Kotoka International Airport on Monday, July 16.

Counsel therefore asked the court for an order to compel the BNI to release the lab top and CD ROMS

Answering questions under cross-examination by Mr. Osafo Sampong, Director of Public Prosecutions, Mr. Beecham said except Dr. Boadu, he did not know any of the officers of Leebda He said he did not also know their names and did not know the residential address of Dr. Boadu.

Dr. Boadu has not disclosed to him that he intends giving evidence in the case, witness added. Hearing was adjourned to Thursday, July 19, to enable the IGP or his representative to testify in the case. Both parties will address the court on the same day.

GRi../

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Selormey's witness fails to turn up

Accra - 17 July 2001- A defence witness in the Court Computerisation case involving former Deputy Finance Minister Victor Selormey failed to show up yesterday and the judge told the prosecution and defence that they should be ready to address the court on Thursday, July 19.

The court adjourned at the instance of defence counsel, Mr Barimah Manu, who said the evidence of the witness, an official from the Ministry of Finance was vital, as the witness would produce the CD rooms to establish that some work was done in the Court Computerisation Project.

Mr Manu said the defence would do everything possible to enable the witness to appear at the next sitting.

The court, presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting as additional High Court Judge, said immediately after the defence closes its case, the Director of Public Prosecutions (DPP), Mr Osafo Sampong would begin his address.

Mr Manu and Mr Kwaku Baah are representing Selormey who is charged with conspiring with Dr Frederick Owusu Boadu, a Ghanaian consultant in the United States, to fraudulently cause the loss of 1.3 million dollars to the state and defrauding by false pretences.

He has pleaded not guilty and is on a 1.5 billion-cedi bail, with two sureties to be justified. Hearing continues today.

GRi../

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"I don't know amount involved"

Accra - 13 July 2001- The former Minister of Trade, Mr Dan Abodakpi, yesterday told the Fast Track High Court in Accra that although a friend, whom he mentioned as Mr Moukarzel, fully paid for his daughter's university education in the United Kingdom, he did not know the exact amount involved.

He said the daughter, Rejoice, first schooled at East London University in the UK between 1996 and 1999 for her first degree before proceeding to the A & M University in Texas in the United States for post graduate studies.

Mr Abodakpi was testifying on behalf of the defence in the case in which Victor Selormey, an ex-Deputy Minister of Finance, is being tried for alleged financial malfeasance.

Selormey is said to have conspired with one Dr Frederick Owusu-Boadu, a Ghanaian consultant in the United States to fraudulently cause the loss of $1,297,500 to the state.

He has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and wilfully causing financial loss to the state and has been granted bail in the sum of ¢1.5 billion with two sureties to be justified.

Answering questions under cross-examination by Mr Osafo Sampong, the Director of Public Prosecutions, Mr Abodakpi said because of his relationship with Mr Moukarzel, he (Moukarzel) approached him to sponsor Rejoice's university education, a request he agreed to.

He, however, said that he was never given full details of how much was spent on her. He further told the court, presided over by Mr Justice Sam Baddoo, an Appeal Court judge, who sat as an additional High Court judge, that he was not aware that his daughter stayed with Dr Owusu-Boadu when she arrived in the US before moving to the hostel.

Asked whether Dr Owusu-Boadu also paid some of his daughter's school fees in the US, Mr Abodakpi replied in the negative, adding that a post -graduate student does not need any financial assistance.

With regard to the contract signed between the Government of Ghana and Leebda Corporation for the court computerisation project, Mr Abodakpi said that the project was part of an $80 million USAID sponsored Trade and Investment Project (TIP) aimed at improving the legal system.

According to him, the TIP was geared towards improving the operational capacity of the private sector and other selected state agencies and said the project was well-managed and some savings were made which were made available to exporters in the form of credit.

Mr Abodakpi said in 1997, Dr Owusu-Boadu called at his office and commended the Gateway Project but stressed the need for an improvement in the judicial system for the adjudication of cases.

Thereafter, he said, Dr Owusu-Boadu made presentations to the late Chief Justice, Mr Justice I. K. Abban, after which a seminar organised on the issue exposed the inherent problems of the Judiciary and the need to computerise the service.

Mr Abodakpi said he did not see the need to counter-sign the contract for the court computerisation project because it originated from the Ministry of Finance.

Asked whether it is proper for letters from the Ministry of Trade to be without reference numbers, he said although he did not see anything wrong with that, it is an administrative requirement that they should have reference numbers.

Earlier, Mr Kwame Peprah, former Minister of Finance, told the court that he was fully briefed by Selormey on the contract between the government and Leebda. He said Selormey had the power to sign contracts at various levels including the one with Leebda.

He said although there were no witnesses during the signing of that agreement, he saw nothing wrong with that since "we have been signing contracts without witnesses".

Mr Peprah said Dr Owusu-Boadu's association with the Ministry of Finance is not new, since he had earlier done some work for the ministry in connection with the cocoa sector. The case has been adjourned to July 16.

GRi../

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Former Trade Minister charged over $1.2 million scandal

Accra - 13 July 2001- The former Minister of Trade and Industry, Mr. Dan Abodakpi has formally been charged for his role in a case in which former Deputy Finance Minister, Mr. Victor Selormey is being tried for transferring about $1.2 million to Leebda Corporation in the United States.

The "Evening News" quoted sources close to the Criminal Investigations Department (CID), Bureau of National Investigations and the National Security Council as saying that he was charged on Thursday. Findings against Mr. Abodakpi have been submitted to the Attorney General's office and he is expected to stand trial by next week.

Mr. Abodakpi was the co-chairman of the Trade and Investment Programme from whose funds the $1.2 million was taken from. In his submissions to the court recently, Mr. Selormey said that Mr. Abodakpi should have witnessed the signing of the contract between Leebda Corporation and the government but he failed to turn up for it.

Meanwhile, Mr. Abodakpi has told the Fast Track Court that he never appended his signature to the contract signed between the Government of Ghana and Leebda Corporation. He said although he had knowledge to the contract, he was on his way out of the country at the time of signing and also felt it was not necessary for him to sign it.

On allegations that Dr. Boadu of Leebda financed his (Mr. Abodakpi's) daughter's education in United Kingdom and the United States, Mr. Abodakpi told the court that his daughter's education was financed by a friend known as Mr. Moukarzel. He said his daughter, Rejoice, schooled at East London University for her first degree before proceeding to the A & M University in Texas, US, for postgraduate studies.

He however told the court he did not know the exact amount that Mr. Moukarzel paid for his daughter's education. He noted that he was not aware that his daughter stayed with Dr. Boadu of Leebda in Texas before moving to the student's hostel although Dr. Boadu is his friend.

Earlier the former Finance Minister, Mr. Kwame Peprah told the court that he was fully briefed on the contract between government and Leebda. According to him, Selormey has the authority to sign contracts at various levels including the one with Leebda. He noted that although there were no witnesses during the signing of the contract, he saw nothing wrong with that since "we have been signing contracts without witnesses."

GRi../

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Peprah testifies in Selormey's case

Accra - 13 July 2001 - Mr Kwame Peprah, former Minister of Finance, on Thursday told the Fast Track Court in Accra that he was not aware of the signing of a contract regarding the court computerisation project.

Mr Peprah was giving evidence for the defence in the case in which Victor Selormey, former Deputy Finance Minister, is charged with conspiracy to fraudulently cause the loss of 1.3 million dollars to the state and defrauding by false pretences.

He is charged with Dr Frederick Owusu Boadu, a Ghanaian consultant in the United States. He said it was the accused person who had to brief him on the project.

Selormey has pleaded not guilty and is on a 1.5 billion-cedi bail, with two sureties to be justified. The court is presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting as additional High Court Judge.

Led in evidence by Defence Counsel, Marimah Manu, witness said Selormey briefed him on the proposal received to digitalise the legal system. Mr Peprah said the former Deputy Minister was responsible for that project.

The digitalisation project was part of the Trade and Investment Programme (TIP) with funding from the United States and was meant to assist private sector development, he said.

It was also aimed at removing all the bottlenecks in the system including the road, telecommunication and legal sectors. Mr Peprah said the TIP was to help improve the judicial sector to become more user friendly.

Mr Peprah recalled that Dr Feredick Owusu Boadu had done some work for the ministry on the reform of the cocoa sector.

He said the accused had power to sign contracts in the ministry, likewise other top officials, adding that it depended on the level of contract.

Answering questions under cross-examination by Mr Osafo Sampong, Director of Public Prosecution, Mr Peprah explained that it was "very normal" that in the ministries, contracts were awarded without a witness to counter sign and that there had been occasions that he had had to sign his portion of a contract and posted it to whoever was to sign his portion outside the country.

Mr Dan Abodakpi, former Trade and Industry Minister, the second witness for defence said he knew of a project called TIP. He said the TIP was about an 18 million-dollar US-Ghana initiative to address the performance of the Non-Traditional Export sector.

Mr Abodakpi listed some of the beneficiaries of TIP as the Ghana Export Promotion Council, Customs, Excise and Preventive Service, Environmental Protection Agency, Ministry of Trade and Industry and the Ministry of Finance.

He said the committee on TIP decided that the interest that accrued should continue to support agencies that were on the scheme.

The former minister recalled that 1997 when they were about to start the Gateway Project Dr Boadu came to his office to congratulate him and said it was a bold initiative that Ghana was adopting to be on top of the competition in Sub-Sahara Africa.

Mr Abodakpi said Dr Boadu further told him that he met the Former Chief Justice and after discussions with him they realised that the process of the project was frustrating. He said he later got to know that it was a World Bank/Private sector initiative.

During cross-examination by Mr Sampong, witness said he has a daughter called Rejoice who attended the East London University in the United Kingdom.

He said she later proceeded to the "A and M" University in Texas, USA, where she is pursuing a post-graduate course. He said it was difficult for him to tell how much her fees were during her education in East London.

According to him, it is a good friend, one Mr. Moukazel who agreed to pay the fees, free of any refund. He explained further that at the post-graduate level, she supports herself and that there is no need for any payment. He denied that it is Dr Boadu in Texas who has been paying his daughter's fees.

GRi…/

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I spent $32, 000 on my two children yearly - Serlomey

Accra - 11 July 2001 - The former Deputy Minister of Finance, Victor Selormey, yesterday told the Fast Track High Court in Accra, trying him for alleged financial impropriety that he spent between $15, 000 and $16, 000 a year on each of his two children whom he sent to the United States of America to pursue university education in 1996.

He told the court under cross-examination by the Director of Public Prosecutions (DPP), Mr. Osafo Sampong that he paid tuition of about $10,000 a year per child, while their accommodation cost was around $4, 000 each year.

According to him, these were financed by himself and the wife while his children supplemented by doing various jobs to generate additional income.

Serlomey is said to have conspired with one Dr. Frederick Owusu-Boadu, a Ghanaian consultant in the United States of America, to fraudulently cause the loss of $1,297,500 to the state.

He has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and wilfully causing financial loss to the state and has been granted bail in the sum of ¢1.5 million with two sureties to be justified.

He told the court, presided over by Mr. Justice Sam Baidoo, an Appeal Court judge, that his children, a boy and a girl, stayed with Dr. Owusu-Boadu in the United States for one month before moving out into rented premises, adding that one of his children has completed the course while the other would complete next year.

Selormey said he knew Dr. Owusu-Boadu when they were students at two different schools at Cape Coast.

He said after he had left Saint Augustne's College in 1967, he later met Dr Owusu-Boadu in Texas in the United States in 1993, when he led a government delegation to the Caribbean, Mexico and the US under the sponsorship of USAID.

With regards to the agreement between LEEBDA and the government of Ghana on the court computerisation project, which according to the prosecution, did not exist, witness said he signed a contract to that effect but left the document in his office after the change of government.

DPP: Who signed this contract?

ACC: Leebda and myself signed the contract. Leebda was represented by Dr. Owusu-Boadu and I represented the Government of Ghana. DPP: Was there any witness?

ACC: Honourable Dan Abodakpi was to have witnessed the contract but on the day that it was signed, he was not available. He added also that nobody witnessed for Leebda.

Earlier, in his evidence-in-chief, the former Deputy Minister told the court that he discussed the whole project with Mr. Kwame Peprah, former Minister of Finance, Mr. Abodakpi, the then Minister of Trade and one Mr. Adjirakor of the Ministry of Trade and was given the go ahead to prepare the agreement for the contract.

He said a contract sum of $1.1 million was agreed upon and that part of the work was demonstrated in December, 1998, and inception report was submitted at the same time.

Witness said thereafter, the two parties agreed to amend the original agreement to do away with the purchase of computers and digitisation expanded to cover all law reports from 1957 to 1991, all Constitutions of the Republic of Ghana, all West Africa Law Reports, Executive Instruments, Legislative Instruments, Decrees and Ordinances.

The work, he said, was completed in 1999 on CD ROM and demonstrated to him, some members of the Judiciary, Council for Law Reporting and, Attorney-General's Department including the present Attorney-General.

He said after the exercise, the installation could not take place, because the computers were not purchased by the government. According to him, it was agreed during discussions with the World Bank that once the studies conducted under funding from the bank had been concluded, a request could be made for additional funds for the purchase and other accessories.

Serlomey told the court that the first batch of work submitted cost $432,000, which was more than 30 per cent of the initial payment agreed upon.

He said he then requested for a re-computation of the total sum, which came to $1.29 million, "which was communicated to us by Leebda".

GRi../

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U.S agencies probe Selormey's ¢2 billion transfer

Accra - 12 July 2001 - The Dispatch writes that its ongoing investigations have revealed that the University of Texas A&M, College Station, Texas has started the process of investigating how one of its lecturers, Dr Fred Owusu Boadu, used the University's letterhead to invoice the Ghanaian government an amount of U.S. $300,000 (about 2.1 billion).

The amount was transferred to Dr Boadu in payment for a feasibility report that was not presented. The University's worry is that its letterhead has been abused since it was not a party to the contract.

The US tax authorities are also investigating various payments to Dr Boadu. A couple of them were authorized by the former deputy Minister for Finance, Victor Selormey.

In an e-mail message, the Vice-President of the University in-charge of Administration, Mr Charles A. Sippal, Snr., has asked for a copy of the invoice on "the Texas A&M Letterhead to allow further investigations into this matter.

Mr Sippial's e-mail, copied to other officials including the University's Associate Vice-President, Ms Mary E. Miller, was in response to various enquiries as to why the University's letterhead was used when it was not a party to the contract.

The $300,000 was part of a total of $400,000 (about ¢2.8 billion) paid to Dr Boadu as payments for a feasibility study into the establishment of a Science and Technology Valley to supposedly promote public private sector partnership for economic growth in Ghana.

GRi../

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Selormey in another ¢2.8 billion deal

Accra - 07 July 2001 - The Dispatch says its in-depth investigations have revealed that former Deputy Minister of Finance, Mr Victor Selormey and Mr Dan Abodakpi, the former Minister of Trade are to be charged for transferring a total of US $400,000 (about ¢2.8 billion) to Dr Fred Owusu-Boadu of College Station, Texas and also LEEBDA fame.

The payments were for a feasibility study into the establishment of Science and Technology Valley to supposedly promote public-private sector partnerships for economic growth in Ghana. The snag is that there is no record of the contract or the study at the Ministry of Trade and Industry or the Gateway Secretariat. The last transfer of US $300,000 (about ¢2.1 billion) was transferred a day after the December, 2000 run-off.

The cover sheet of the document purporting to be a contract between the Ministry of Trade and Dr Boadu indicated a submission of a proposal to create a science and technology community to promote economic growth in Ghana. The document, said to be a contract between the Ministry of Trade and Dr Boadu, was signed by both the Minister of Trade, Mr Abodakpi and Dr Dr Boadu.

Surprisingly, there was no witness in the high magnitude contract with legal officers of the Ministry of Trade and the Attorney- General's Department kept in the dark.

GRi../

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I acted on government's behalf - Selormey

Accra - 06 July 2001- The former Deputy Minister of Finance, Victor Selormey, yesterday told the Fast Track High Court that he negotiated a contract with the World Bank and the International Development Association on behalf of the Government of Ghana to improve certain areas of the legal sector.

He said the contract, which was around $824,000, was meant for a study into the production and dissemination of legal information, including electronic recording of court-room proceedings.

Opening his defence, Selormey said a Legal Sector Co-ordinating Committee was, therefore, set up, which invited interested firms to bid to conduct the studies.

Selormey is said to have conspired with one Dr. Frederick Owusu-Boadu, a Ghanaian consultant in the United States of America, to fraudulently cause the loss of $1,297,500 to the state.

He has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and willfully causing financial loss to the state and has been granted bail in the sum of ¢1.5 billion with two sureties to be justified.

In his evidence-in-chief, witness said between four and six companies were short-listed and were asked to submit technical and financial proposals.

The companies, he said, included Leebda/Owusu-Adjapong and Company and VMS International and after valuation, Leebda/Owusu-Adjapong came out as the best bid. According to witness, Leebda was, therefore, invited by the committee for negotiations.

Selormey said under the Private Sector Development Project, specific problems and bottlenecks pertaining to certain institutions, which provided services to the private sector, were to be addressed.

He said the project consisted of six components. They are that of the Council for Scientific and Industrial Research, which was designed to commercialize research and development activities of institutions under it and that of EMPRETEC, designed to enable the organization to help small and medium scale enterprises with management and accounting services to enhance their businesses.

Others, he said, were those of the Ghana Standards Board, aimed at promoting specialized services of the board and to help it attain international standards as well as that of the Ghana Trade Fair Company, to commercialize its activities.

According to Selormey, the rest were the Ministry of Environment, Science and Technology component, meant to establish a design centre to help and medium level enterprises to improve upon the design and quality of their products as well as that of the Legal Sector, which was aimed to conduct six studies on various aspects of the legal sector.

He said when Leebda was selected by the committee it proceeded to the World Bank to have discussions with the project co-ordinator, Mr. Patrick Connolly, about its interest in implementing the results of the study. He said Leebda was told that under the World Bank rules, it could not do both the study and the implementation.

This, he said was communicated to the project manager in Accra and Leebda was asked to choose between the two. Leebda opted to wait for the implementation stage and the contract on the conduct of the study was awarded to VMS.

Earlier, the court refused an application by the defence to tender in evidence a document, which indicated that Leebda Corporation is a legally registered business entity in the United States of America.

The court, presided over by Mr. Justice Sam Baddoo, an Appeal Court judge, who sat as an additional High Court judge, made the order after the Director of Public Prosecutions (DPP), Mr. Osafo Sampong, had objected to a copy of the company's registration certificate being admitted into evidence.

It was the contention of the DPP that the document had neither been notarized nor authenticated and its admission into evidence would not be proper.

Selormey had told the court that he was surprised to have heard from a prosecution witness that Leebda Corporation was not a registered entity.

The accused said he therefore contacted the company and requested it to send him its registration document. He said although he asked for the original to be sent, it was explained to him that it was not possible and hence a copy was sent by facsimile. He would continue his evidence next Tuesday.

GRi../

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Leebda Corporation exists - Selormey

Accra - 06 July 2001 - A former Deputy Minister of Finance, Victor Selormey on Thursday July 5, told a Fast Track High Court in Accra that Leebda Corporation of Texas was duly registered and, therefore, exists.

Selormey said Leebda Corporation was registered in April 1995 in the State of Texas. The former Deputy Minister, who was opening his defence in the Court Computerisation Project case, said the corporation was registered in the name of Law, Economics, Engineering, Business and Development Associates.

Selormey is charged with conspiracy with Dr Frederick Owusu Boadu, a Ghanaian consultant in the United States, to have fraudulently cause the loss of 1.3 million dollars to the state and defrauding by false pretences.

He has pleaded not guilty and is on a 1.5 billion-cedi bail, with two sureties to be justified. The court is presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting with additional responsibility as a High Court Judge.

Selormey, led in evidence by his counsel, Mr Barimah Manu and Mr Kwaku Baah, said the Legal Sector Advisory Committee invited six short listed companies including Leebda Corporation, Owusu Agyapong and Company and VMS International to have discussions on the contract.

According to Selormey, the Legal Sector Co-ordinating Committee which was basically set up to oversee the court computerisation project submitted that a joint company, Leebda Corporation and Owusu Agyapong Company came out as the best bidder.

He said the committee subsequently invited the two companies for negotiations. At this point the accused tried to tender a copy of the negotiation document in evidence, but the Director of Public Prosecution, Mr Osafo Sampong, opposed it. Selormey explained that he asked for the original to be sent, but he was told that it was impossible to do so.

Defence Counsel said the document was notarised, it was sworn, and that there was a stamp affixed on it from the County Clerk of Texas in the United States.

Counsel also reiterated that it was denied an earlier request for Dr Boadu's evidence to be taken on commission. The DPP argued that the document was not authenticated and that there should be a seal embossed on it.

He said the document should have come from a company and not Dr Boadu. "We maintain that Leebda does not exist and therefore the document should not be entertained".

Ruling on the submission, the court said it has already told defence counsel that it did not have the power to instruct for the evidence from far away Texas, which is not within the jurisdiction of the court.

Justice Baddoo said section 161 of the Evidence Decree states that: "official document must be signed and sealed by a diplomatic personnel."

He also cited Section 149 of the Evidence Decree, which states that the document could only be tendered by an official of a business company and, therefore, rejected the verbal application by counsel to tender the document.

Selormey, who said he was familiar with the private sector development project, told the court that it was to address specific problems and bottlenecks pertaining to certain public institutions, which provided service to the private sector.

Selormey said there were six components of the court computerisation project. They included the Council for Scientific and Industrial Research (CSRI), which was designed to commercialise research in development activities and the EMPRETEC designed to help small and medium scale enterprises in management and accounting services to enhance their businesses.

He said the Ghana Standard Board (GSB) was designed to commercialise its services to obtain international standards, the Ministry of Environment, Science and Technology was to establish a design centre to help small and medium scale enterprises to improve upon the design and quality of their products so as to make them more acceptable to the international market.

The accused said the Legal Sector Component was designed to conduct six studies on various aspects of the legal sector, production and dissemination of legal information, and electronic courtroom recordings.

Selormey said he negotiated the contract in Ghana and in Washington with the International Development Association. He also signed the contract on behalf of Ghana. He said the contract sum of the project was 820,000 dollars for a year.

The Project Manager was Mr Paul Asemeni of the Legal Sector of the Ministry of Finance who co-ordinated the affairs of the contract.

Selormey said there were two project managers during the course of the project between 1995 and 1998.

He added that Mr Asemeni left for further studies in 1998 and while waiting to appoint a new manager, one Ken was appointed without his knowledge to manage the project. He got to know and, therefore, asked him to hand over to the Chief Director, until the new Project Manager, Mr Frank Aborkliwah was appointed. He said the project ended last month.

According to Mr Selormey, the Ministry of Finance supervised the project and it has created more user-friendly development for the private sector and to promote it as the engine of growth.

The former deputy minister said when Leebda won the bid it approached the World Bank to discuss the project with Mr Patrick Conolly, Project Co-ordinator of the Word Bank, of the bank's interest in implementing the result of the study.

He said the World Bank informed Leebda that its roles could not permit it to accept both the study and the implementation of the contract. Selormey said this was communicated to Mr Asemeni in Accra who also conveyed the message in a letter to Leebda.

Selormey said Leebda opted to wait for the implementation stage and the choice was communicated to Mr Asemeni in a letter, adding that the contract was to last for five months. He denied that he did not authorise the payment on the contract of the study at the ECOBANK.

He said he was frustrated by the slow process of the implementation of the project and that various missions from the World Bank had complained about the speed and warned that the project would be cancelled unless the rate of implementation was quickened.

The accused said the whole project was to last for three years and that he had to fight to get an extension because the nature of the implementation was such that the project deserved to be extended.

He said at the same time there were resources under the Trade and Investment Programme (TIP) provided by the United States Government. He therefore discussed it with the then Finance Minister, Mr Kwame Peprah and the then Trade Minister, Mr Dan Abodakpi, who decided that some of the funds could be used in the context of creating favourable environment for the private sector.

The former minister described the project as designed to boost foreign investment and promote trade, especially in the non-traditional export.

He said at the end of the project, there was an outstanding of six million dollars left in the TIP account.

According to him, there was no provision as to what such money should be used for. It was, therefore, decided by his minister that the funds should continue to be held under a separate account to be used for other projects that would be beneficial to the private sector. He added that the money would also assist policies and institutions in both the private and public sectors.

Accused said the Customs, Excise and Preventive Service was given some of the money for the duty draw back system to exporters, while the Ghana Export Promotion Council was given some of the resources for exporters in export contract documentation and packaging.

He said the Investment Promotion Centre was given resources for use for investment promotion activities, the Trade Fair Authority was also given some resources for the construction of new pavilion, while the Ministries of Trade and Finance were given resources for logistics support. Some of the money was also allocated to address bottlenecks within the legal judicial sector.

Selormey said they received proposal from Leebda to do a turnkey project as part of the court computerisation project. He said the turnkey project involved the conversion of legal materials like Ghana Law Reform documents, status and indexes into computer readable forms.

He said another component of the turnkey project was the purchase of hardware while the other aspect is the training to be given to lawyers and also the creation of a central database within the premises of the High Court in Accra.

He said the system would provide easy access for legal material for research, and this would help to quicken the pace on delivery of judgement and enhance confidence of the business community. Hearing continues on Monday, July 9.

GRi../

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I am not guilty - Victor Selormey opens defence today

Accra - 05 July 2001- The former Deputy Minister for Finance, Mr Victor Selormey is to open his defence today at the Fast Track High court trying him for fraudulently causing the loss of $1,297,500 to the state, writes The Daily Guide.

This follows three options given him by the presiding judge, Justice Samuel Baddoo, to choose between standing in the dock and give statements without being cross-examined, to rely on police statements or to sit and give evidence and later be cross- examined by the prosecutor.

Counsel for the accused, Barima Manu, opted for the third option (i.e., to sit and give evidence) and prayed the court to give the accused, enough time to open his defence but the Judge, refused and instructed the accused to open his defence today since enough evidence has been made against him.

The Judge also refused an application by Counsel for the accused, Barima Manu, to order a Magistrate in Texas to take a statement from Dr. Frederick Owusu Boadu of Texas, U.S.A., arguing that it is beyond the jurisdiction of the court.

Mr Selormey is alleged to have conspired with the said Dr. Frederick Owusu Boadu, a Ghanaian Consultant in the United States of America, to fraudulently cause the loss of $1,297,500 meant for a court computerization project.

He has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and willfully causing financial loss to the state. The former Deputy Minister has been granted bail in the sum of ¢1.5 billion with two sureties to be justified.

GRi../

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Who is Selormey's main man?

Accra - 5th July 2001 -Deputy Minister of Finance in the NDC government, Mr Victor Selormey has been in court these past number of weeks on trial for alleged corruption when he was in office.

The former minister has pleaded not guilty and has been very regular at court with his lawyers. According to The Accra Mail, he is a man with a wide girth, which seems to have reduced somewhat since he started appearing in court.

The paper says a name that has been featuring in the proceedings has been that of one Dr Boadu resident in the United States. So far he has remained a mystery to most Ghanaians.

The paper says it has laid hands on exclusive personal data on one Dr Boadu, certified by one of its US correspondents as that of Dr Boadu. The doctors of letters, from the bio data available has impressive credentials and pedigree.

Mr Selormey's trial is based on the allegation that he conspired with Dr Frederick Owusu Boadu to defraud the state to the tune of US $1,297,500.

The company, Leebda, through which the funds were supposedly channeled is a phony and does not even exist.

GRi../

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Selormey's trial: Leebda is fake!

Accra - 26 June 2001- The trial of former deputy Finance Minister, Victor Selormey has taken a dramatic turn. The principal prosecution witness in the case has told the court trying the former minister that his investigations in the United States reveal that Leebda Corporation does not exist.

The witness, Assistant Superintendent of Police (ASP) Jeff Edward Musore said contacts he made with the Texas Secretary of State indicate that Leebda is not a registered company in the US and that Leebda is an acronym for Law, Economics, Engineering, Business and Development Associates.

Selormey is alleged to have conspired with the one Frederick Owusu-Boadu, a Ghanaian consultant in the United States of America, and fraudulently caused the loss of 1.297,500 to the state.

He has pleaded not guilty to six counts of conspiracy, defrauding by false pretence and wilful causing financial loss to the state. Selormey has been granted bail to the tune of 1.5 billion cedis with two sureties to be justified.

Witness told the court that further enquiries he made through the Ghana embassy revealed that Leebda is now known in the US so far as records on corporate entities are concerned.

Led in evidence by the Director of Public Prosecution (DPP), Osafo Sampong, Musore said several attempts to contact the company through the several telephone numbers on the letter heads provided by the company proved futile.

Witness obtained documents from the Ministry of Justice in connection with the production and dissemination of legal information including electronic courtroom recording, which revealed that the contract was awarded to VMS International.

The contract was signed between the Republic of Ghana, represented by the former chief director of the ministry of Justice, for and on behalf of the Legal Sector Co-ordinating Committee and Kojo Agyemang, Project Director of VMS, who signed on behalf of the company.

Witness said he obtained other documents which included the final report VMS submitted to the Ministry of Justice and a covering letter dated April 10, 1999 asking the ministry to pay an amount of $33,970.90 being 20 per cent of the contract amount, into the company's account at the ECOBANK Ghana Limited.

The ASP also revealed during cross-examination by Barima Manu, Counsel for Selormey that although a copy of the audit report, which he obtained during his investigations, did not make reference to the accused, his probe into the matter, established that he (Selormey) was involved in the payment of the money to Leebda.

The auditors stated in page five, paragraph three of the report that two separate payments of $432,500 and $865,000 totalling $1.297,5000 had been transferred to Dr. Owusu-Boadu in the USA for consultancy services in connection with the court room computerisation. The payments were made with foreign currencies purchased between December 8, 1998 and October 2, 2000 through ECOBANK.

GRi../

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Selormey trial: Investigator says no contract was signed

Accra - 22 July 2001 - Assistant Superintendent of Police (ASP) Jeff Edward Musoru, has told the Fast Truck Court that his investigations showed that a total payment of 1,297,500 dollars was made to Leebda Corporation of Texas in US for the project even though no contract had been signed.

He said he arrived at that conclusion after contacting sources such as the Judicial Service, National Institutional Renewal Programme (NIRP) and the Ministries of Finance and Justice.

ASP Musoru said he was assigned on April 27, the job of investigating the award of a contract for the Court Computerisation Project involving Victor Selormey, a former Deputy Minister of Finance.

The ASP who is the sixth witness, was giving evidence for the prosecution in the Court Computerisation Project case in which Selormey is charged with conspiracy, defrauding by false pretences and wilfully causing financial loss of about 1.3 million dollars to the state. Selormey has pleaded not guilty to the charges and is on a 1.5 billion-cedi bail with two sureties.

Led in his evidence in chief by the Director of Public Prosecution (DPP), Osafo Sampong, witness said in the course of his investigations he found that no contract was signed, yet the accused person authorised payment to be made by ECOBANK (Ghana) Limited to Leebda Corporation.

ASP Musoru said his investigations revealed that the former Deputy Minister wrote two letters dated November 27, 1998 and February 12, 1999 authorising ECOBANK to transfer 432,500 US dollars and 865,000 US dollars respectively to Leebda Corporation in Texas, for the attention of Dr Frederick Owusu Boadu of Leebda.

Investigations further reveal that there were no copies of the letters at the Accountant-General's Department and the Auditor General's Department, although they were supposed to have copies of those letters. The investigator also contended that the letters did not have file numbers.

Witness said the money was paid from the Trade and Investment Programme (TIP) accounts and explained further that the USA provided 80 million dollars to the government of Ghana as a grant to be used in promoting non-traditional exports. He said he found out that there was an Oversight Committee on the TIP, which was chaired by the former Deputy Minister and had Mr Dan Abodakpi, former Minister for Trade and Industry as a member.

According to the witness, the committee was to operate from 1992 to 1997. However, by the end of 1997, it was still operating and the money in the account was being used by the accused and the ex-Trade Minister "because they felt there was the need to use this money." He said his investigations at the Ministry of Justice showed that it was not aware of the contract neither did it sign any with Leebda Corporation.

ASP Musoru said on May 3, he invited the former Deputy Minister to the Police Headquarters where he asked him about two specific payments he authorised ECOBANK to make to Leebda. The investigator said the accused person, who was accompanied by Mr Kwaku Baah, one of his Counsel declined to give any statement and maintained that he would only give his statement to the court.

The witness said on May 7, he took investigation-cautioned statement from Selormey, which he wrote in English.

The court adjourned proceedings at the instance of the prosecution to Monday, June 25, to enable the investigator in the case to tender some documents.

GRi../

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Four testify against Victor Selormey

Accra - 20 June 2001- Four witnesses have testified at the Fast Truck Court trying the deputy Finance Minister, Victor Selormey, charged with conspiracy, defrauding by false pretences and wilfully causing financial loss of 1.3 million dollars to the state.

Selormey has pleaded not guilty to the charges and is on a 1.5 billion-cedi bail. One of the witnesses, Madam Eva Mends, Economic Officer of the Ministry of Finance, took the Fast Track Court through how the ministry disburses funds for payment for projects completed.

She said when projects are implemented and payments have to be made to outsiders, a committee approves the budget of the implementing agency.

Madam Mends said the Ministry of Finance then writes to the Controller and Accountant General's Department authorising it to pay the agent.

The Fast Track Court is presided over by Justice Sam G. Baddoo, an Appeal Court Judge sitting as an additional High Court Judge.

Led in her evidence in chief by the Director of Public Prosecution (DPP), Osafo Sampong, Madam Mends said after the committee approves the budget, the Ministry of Finance disburses the funds to the agency.

Madam Mends who said she worked directly to the former Deputy Minister told the court that it was the accused person who signed the letters to the Controller and Accountant General's Department for the release of the money.

She said apart from the Bank of Ghana (BOG), the ministry was dealing with ECOBANK Ghana Limited, Metropolitan and Allied Bank, First Atlantic Bank and the Prudential Bank on the project.

Madam Mends agreed with the prosecution that the ministry deals directly with these banks by writing to them, saying if it is a question of payment for consultancy fee, then it is the Auditor General and the Accountant General's Department, which must have copies of the letters.

The witness said her schedule includes maintaining all the files in the ministry and before a letter is dispatched from her section, she is to have a copy.

She said on November 27, 1998 and February 12, 1999, she was on this schedule but did not see any letter written by the accused person, which was dispatched to ECOBANK Ghana Limited.

The witness worked on a project called Trade and Investment Programme (TIP), which started in 1992 and technically, ended in 1998. She explained that the agreement between Ghana and the US ended but they still had funds to disburse.

She said it was the US government that provided money for this project and disagreed that money meant for a particular project was not allowed to be used for another project.

During cross-examination, Madam Mends agreed with counsel for Selormey, Mr Barima Manu, that money that accrued from the TIP was used on certain organisations.

However, she said she was not aware that these organisations included Ghana Investment Promotion Centre and Trade Fair Authority, which was constructing new pavilions.

Some of the money was also made available to ECOBANK, Metropolitan and Allied Bank, First Atlantic and Prudential Banks, adding that there were also occasions when the money was used to sponsor civil servants abroad.

Madam Mends disagreed with counsel that it was out of the same funds that the Leebda Corporation of Texas was paid for its services. Witness denied counsel's submission that the Trade and Investment Reform Programme (TIRP) was replaced with TIP saying, "the TIP was being implemented with the TIRP".

The witness said among her current schedule, she reviews reports and co-ordinates all the activities of the ministry, but she was not aware of any court computerisation project.

Mr Kwame Akaba of ECOBANK who testified on Monday appeared before the court again on Tuesday to submit documents covering instalments of money made for the final transfer to Leebda in Texas, US. Another prosecution witness, Nana Kofi Enin Nsaful, Former Chief Director of Ministry of Justice, told the court that he was actively involved with the project manager, Paul Asimene, for the work.

Nana Nsaful told the court that he did not know why the CD roms were not installed and also did not know why the government did not provide the computers for the roms to be installed.

He denied that Leebda Corporation demonstrated the use of the CD roms to the officials of the Ministry of Finance and others, including the present Attorney General and some members of the judiciary.

GRi../

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Selormey directed transfer of $1,297,500

Accra - 19 June 2001 - Two witnesses gave evidence for the prosecution in a case in which the former Deputy Minister of Finance, Victor Selormey, has been charged with conspiracy, defrauding by false pretences and wilfully causing a financial loss of 1.3 million dollars to the state.

Selormey has pleaded not guilty to the charges and is on a 1.5 billion-cedi bail. The first prosecution witness, Mr Kafui Kan-Senaya, Principal Economic Officer of the Ministry of Finance, told the Fast Track Court in Accra that a team from Texas, United States, took part in a meeting preparing technical proposals for the computerisation of the courts.

Witness identified the team as Mr Morris Mila and Joe Howie from the Leebda Corporation of Texas. Mr Kan-Senaya told the court, presided over by Mr Justice Sam G. Baddoo, an Appeal Court judge sitting as an additional High Court Judge, that the Leebda team tried to convince the government team to accept a proposal to produce the digitalisation of computer materials.

Led in evidence by Mr Osafo Sampong, Director of Public Prosecutions (DPP), witness said the government's team rejected the proposal, so the Leebda team left for the US.

Mr Kan-Senaya denied that Leebda had put all Ghana Statutes, Acts, Decrees, Executive Instruments, Legislative Instruments and West Africa Law Reports on CD roms.

He said the government was to supply computers on which the discs/CDs would be installed, but up to date they have not been provided.

Mr Kan-Senaya said during the negotiations, "we did not discuss proposals, but financing of the project."

Witness denied that on July 24, 1996, the Leebda team received a letter from the Ministry of Finance asking the team to choose between the contract already awarded to them or wait until a future date, where the issue of digitalisation would be raised. He said it is one Mr. Paul Asamani who wrote the letter adding, "I think he would be the best person to answer."

Witness said sometime in October last year, he learned from the Judicial Service where he had gone to do some work that Leebda was asking for 500,000 dollars to install the CD roms.

The second prosecution witness, Mr Kwame Akaba, Operations Manager of the ECOBANK, said the bank manages accounts of different types of clients, boards and some ministries.

Mr Akaba said in November 1998, the bank received authority letter from the Ministry of Finance to transfer 432,500 US dollars to Leebda Corporation in Texas for the attention of Dr Fredrick Owusu Boadu, adding that Selormey signed the letter.

Mr Akaba said the bank then effected payment by swift transfer, which was dated December 8, 1998 to First American Bank of Texas for the account of Leebda Corporation.

According to witness, the bank made a total transfer of 865,000 dollars by 17 instalments depending on the availability of funds, as instructed by the Ministry of Finance and signed by Selormey.

Mr Sampong had earlier told the court that following a special audit report, which was conducted at the Ministry of Finance, it was discovered that Selormey authorised that some sums of money should be paid to Dr Boadu.

The DPP said the audit covered the period from April 1997 to March 2001. During investigation, it was found out that the accused wrote letters to the ECOBANK Ghana Limited, authorising the transfer of various sums of money, totalling 1,297,500 US dollars to Leebda Corporation of Texas, USA.

Mr Sampong said these sums were meant for the payment of services purported to have been rendered by Dr. Boadu in respect of the Court Computerisation Project.

Hearing continues on Tuesday.

GRi../

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Portly Victor spread-eagled

Accra - 09 June 2001- Mr. Victor Selormey, 54, the portly former Deputy Minister of Finance, in court to face trial on various charges, caused a scene in front of the Supreme Court building last Friday when he slipped and fell massively on the round in his bid to throw an object at a Graphic paparazzi.

He was helped to his feet by a good Samaritan, shaken and nervous but otherwise unhurt. The drama unfolded about 30 minutes after the state prosecutors had read the full facts of his case in the Fast Track Court before Mr Justice Sam Baddoo, an Appeal Court judge had granted Selormey ¢1.5 billion bail with two sureties to be justified.

The rotund Selormey, who is also a long time member of the SSNIT (Social Security and National Insurance Trust) Board, and his friends including Professor Kofi Awooner, a former Presidential Aide, had gone to execute the bail bond in the office of the High Court premises when the Graphic cameraman decided to take some shots, leading to the incident.

Selormey had vehemently protested against his pictures being taken but the cameraman persisted and directed his lenses towards Selormey, who then picked some chippings from the ground and attempted to launch them at the cameraman but slipped and fell.

Earlier on, in the courtroom Selormey, who was represented by Mr. Barima Manu, had pleaded not guilty to six charges ranging from conspiracy, defrauding by false pretences and willfully causing financial loss to the State.

Presenting the facts of the case, Mr. Osafo Sampong, the Director of Public Prosecutions (DPP), told the court that following a special audit conducted by the government it was found out that Selormey had authorized various sums of money to be paid to Dr. Fredrick Owusu Boadu, a Ghanaian Consultant in the United States of America who works with Leebda Corporation of Texas between April 1997 and March 2000.

Mr. Osafo Sampong told the court that the moneys, which represent funds from USAID meant to generate growth for the non-traditional sector, were paid by Selormey into the accounts of Dr. Boadu.

He said that it was discovered during the investigations that the ex-Deputy Finance Minister wrote a letter to ECOBANK (Ghana) Limited authorizing the transfer of various sums of money totalling $1,297,500 into Dr. Boadu's accounts.

According to the prosecution, the money was meant for payment for services rendered by Dr. Boadu in respect of a court computerization project.

The DPP said that evidence would be led to show that Dr. Boadu did not render any services to the Government of Ghana and did nothing towards the realization of the objectives of the project.

He said evidence would also be led to show that Selormey acted together with Dr. Boadu with the common purpose of committing crime and made false representations to obtain the consent of the Government of Ghana through ECOBANK to pass on the money to Dr. Boadu. The case was adjourned to June 18 for hearing.

GRi../

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Selormey granted 1.5 billion cedi bail

Accra - 08 June 2001 - Mr Victor Selormey, former Deputy Finance Minister, facing charges of conspiracy, defrauding by false pretences and wilfully causing financial loss of 1.3 million US dollars to the state, on Friday appeared before the Fast Track Court in Accra.

He pleaded not guilty to the charges arising from the court computerisation project, and was granted a 1.5 billion cedi bail to re-appear on June 18.

Mr Osafo Sampong, Director of Public Prosecution (DPP), told the court presided over by Mr Justice Sam Badu, an Appeal Court Judge, sitting as additional High Court Judge that following a special audit report which was conducted at the Ministry of Finance, it was discovered that Selormey authorised that some sums of money should be paid to a Dr Boadu.

The prosecution said the audit covered a period from April 1997 to March 2001. During investigation, it was found out that the accused wrote letters to the ECOBANK Ghana Limited, authorising the transfer of various sums of money, totalling 1,297,5000 US dollars, to Leebda Corporation of Texas, USA.

The DPP said these sums were meant for the payment of services purported to have been rendered by Dr. Boadu in respect of the Court Computerisation Project.

'We shall lead evidence to show that Dr. Boadu did not render any service towards this project, even though he had expressed the desire to be contracted to carry out the project."

GRi../

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Selormey's lawyer reacts

Accra - 15 May 2001- Counsel for Mr Victor Selormey, former Deputy Minister of Finance, has reacted to a front-page story carried by the 'Times' on Thursday May 10, with the headline, "Selormey's Bombshell".

In a rejoinder to the story, signed by Mr Kwaku Baah, his solicitor, said that "the issues reported in the story are very prejudicial to the defence of Mr Victor Selormey who has been charged with offences in connection with some of those very matters."

It said that it was never true that Dr Boadu never provided any such consultancy services' as reported in the paper, and described the story as containing "very serious factual falsehoods. "It is also not true that the vehicle for which an amount of money was paid has not landed on the shores of Ghana.

"Indeed the vehicle has been in Ghana for more than two years and is currently being held in the custody of the police as an exhibit in the ongoing investigations.

The rejoinder described the publication in the 'Times' as a 'trial by media', which could seriously compromise Mr Selormey's right and interests. It asked the media to allow the due process of law to take its course.

GRi../

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Selormey on fraud charge

Accra - 09 May 2001- The former Deputy Minister of Finance, Mr Victor Selormey, is to be arraigned before court for fraud and causing financial loss to the state to the tune of more than $1 million.

Mr Selormey should have appeared in court last Friday, but was alleged to have reported sick to the police, resulting in the postponement of the trial. No date has been fixed for hearing to commence.

According to Graphic investigations, the ex-deputy minister reported last Monday to the police. The investigations, however, indicate that Mr Selormey has denied his involvement in any attempt to defraud the state.

Mr Selormey is alleged to have authorised the payment of the amount to a Dr Boadu, a Ghanaian resident in the United States, to undertake consultancy services under the Court Computerisation Project.

Graphic investigations have revealed that Dr Boadu never performed any job in connection with the computerisaton project. It has also been established that there are no documents detailing the type of consultancy services provided by him.

The computerisation project forms part of private-sector-led reforms of the Judicial Service being sponsored by the World Bank.

It would be recalled that Mr Selormey was arrested at the Kotoka International Airport on April 15, on his arrival from a trip abroad.

His arrest generated a heated debate between leading members of the New Patriotic Party and the National Democratic Congress as to why the ex-deputy minister should be arrested on arrival.

Some people felt that Mr Selormey should have been told to report to the security agencies while others thought there was nothing wrong with arresting him. Mr Selormey was later granted bail and has since then been assisting the police in their investigations into the case.

GRi../

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BNI has power of arrest...It's in accordance with Security Agencies Act

Accra - 03 May 2001- The Bureau of National Investigations (BNI) has rejected the assertion that it has no power or authority to arrest any citizen when it becomes necessary.

It said Section 40 of the Security and Intelligence Agencies Act, (Act 526 of 1996), confers the power of arrest on the agency just as any other intelligence agency of the state.

The BNI was reacting to comments in recent media reports concerning the organisation's power of arrest with particular reference to the arrest of Mr Victor Selormey, former Deputy Minister of Finance, which caused a furore.

It quoted Section 40 of Act 526 which states that: "Subject to the Constitution, an employee of any of the internal intelligence agency shall in the performance of his duty under this Act has the same rights and powers as are conferred by law on a police officer in the performance of his duties and shall have the same protection".

It said the BNI was, therefore, acting within the law when its officers arrested Mr Selormey.

Meanwhile, a senior police intelligence officer has explained that when the power of arrest is conferred on an organisation, "an arrest can be effected anytime and anywhere".

The officer said a security officer does not take the status of the person to be arrested into consideration before an arrest is effected.

He explained that the one effecting the arrest would have to use his or her discretion, depending on the gravity of the case or the offence, how much information is available and the implications of allowing a suspect to interact with people before he or she is invited.

The officer explained that the method used in effecting an arrest differs from person to person and also depends on the conduct of a suspect or the person being arrested.

The officer said arrests can also be made with or without warrants and said arrests must not necessarily be made with handcuffs.

GRi../

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Serlomey Case: BNI rescinds secision

Accra - 18 April 2001- The Bureau of National Investigations (BNI) yesterday rescinded its decision to issue a statement outlining details of the fresh cases for which Mr Victor Serlomey, former Deputy Minister of Finance, was arrested soon on his arrival at the Kotoka International Airport (KIA).

Sources close to the BNI told the Graphic late last night that the BNI had decided that no statement would be issued until investigations into the cases are completed. The arrest of the former Deputy Minister at the KIA last Sunday night caused a furore which has generated public discussions.

Whilst some have described the mode of arrest as arbitrary and an infringement on Mr Selormey's liberties as a citizen of Ghana, others contend that the allegations against the former minister border on alleged economic crime which must not be treated lightly.

A Deputy Commissioner of the Commission for Human Rights and Administrative Justice (CHRAJ), Mr Benjamin Oppong, condemned the mode of arrest and said Mr Selormey should have been given sometime to report after his arrival in the country, more especially when he did not resist arrest.

On Mr Amidu's conduct at the airport, Mr Oppong said if he was there as a lawyer to advise the BNI official on the right thing to do under the circumstance, then that was right.

However, if his intention was to interfere with the arrest, then he erred, Mr Oppong stated. Mr Selormey who was detained overnight, has since been granted bail.

GRi../

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Reaction to Selormey's arrest

Accra - 17 April 2001- Dr. Amoako Tuffuor, an adviser to President J. A. Kufuor, has disclosed that Mr. Alamise Martin Amidu, former Deputy Attorney-General, will soon be arrested to come and justify what he described as his subversive declarations. "Amidu has a bad motive and at the appropriate time he will be called upon to explain his statements," Tuffuor said.

Mr. Amidu, who was the Vice-Presidential candidate of the National Democratic Congress (NDC) in the last December elections, had said in an interview with one of Accra's FM stations on the arrest of Mr. Victor Selormey that the NDC has 43 percent of Ghanaians supporting them and that they can organize their numbers to move against the NPP government.

"If we wanted, we could have moved the population there; if we tell the population to move they will move to stop this government," Amidu had said in a belligerent mood on Joy FM.

There was a fracas between security officers and NDC functionaries at the VIP Lounge at the Kotoka International Airport over the arrest of Selormey by agents of the Bureau of National Investigation (BNI). Selormey, who had then arrived from London, was finally whisked away to spend the whole night at the BNI headquarters. He was later released on bail

Early last month, there was a near clash between the police and some NDC supporters when the police had gone to investigate an NDC kingpin, Baba Kamara, over the rightful ownership of some vehicles. Functionaries of the NDC who as usual had got wind of the day and time that the police were to make the swoop at Kamara's garage for the cars quickly organized bus-loads of macho men from Nima to confront the police with all kinds of implements.

However, the police, realising the intention of the NDC macho men tactically withdrew their men from the scene and handled the issue more professionally to avoid anarchy.

Amidu, who described himself as the 'shadow Vice-President of Ghana,' said that he could have occupied the same position as the current Vice-President, Alhaji Aliu Mahama. He therefore called on the press to stop describing him as the former Deputy Attorney-General because he was elevated from that position to a vice presidential candidate.

Reacting to Amidu's statement, Dr Tuffuor said the Kufuor administration takes a serious view of Amidu's statement and that he will be invited by the state security to clearly explain why he made such 'a seditious statement.'

Dr Tuffuor said that nobody was above the law and that if the state security agencies discover that anybody or group of people flouts the laws of Ghana such persons will be dealt with under the law.

Chronicle learnt last Sunday that a plan to invite Mr. Victor Selormey to the BNI headquarters immediately he disembarked from the British Airways plane was leaked to the NDC functionaries. The top-notch of the party, including Amidu, Huudu Yahaya, the General Secretary of the party; Kwame Peprah, ex- Finance Minister, and other stalwarts quickly moved to the VIP Lounge at the airport and took positions to thwart the planned arrest of Selormey and to cause a scene .

When two BNI operatives and a policeman accosted Selormey on the tarmac and asked that he should accompany them to the BNI headquarters, Amidu burst out of the VIP Lounge and urged Selormey to talk instead to a Choice FM reporter, but the BNI told Selormey he could not talk to the reporter, Chronicle learnt.

Amidu then indicated that the action of the BNI violated Selormey's fundamental human rights and insisted that the BNI operatives could not arrest him, because they had no warrant of arrest.

Amidu later told Joy FM that he happened to be at the VIP Lounge when Selormey arrived and that he did not know that the ex-minister was arriving on that day.

However, Mr. Selormey, hours after his release from the BNI custody, told Joy FM that Mr. Amidu came to the Kotoka International Airport purposely to await his arrival. Selormey disclosed that the BNI questioned him and did not charge him.

Mr. Amidu also denied newspaper reports that there was a scuffle between him and the security agents. He further denied that the Huudu Yahaya and Kwame Peprah were at the scene, but rather they came to the scene after the incident.

Early this month, while Mr. Selormey was out of the country, he was named by the police in connection with alleged wrongful disbursement of a $2 million dollar Exim bank facility.

Mr. Dan Abodakpi, the former Minister of Trade and Industry and member of Parliament for Keta, who was also mentioned in the police announcement, had already gone through the hands of BNI investigators .

Dr Tuffuor told the Chronicle that the BNI have every right to invite Selormey for questioning over economic crime.

Questioned over who has the right to gain access to the VIP Lounge, Dr Tuffuor said that the VIP Lounge "is not a football park where everybody can easily pass through."

He wondered why the ex-NDC functionaries still have access to the VIP Lounge, saying that their status has changed and that if they insist that they are ex- ministers then ministers from Guggisberg's time till today should all have access to the VIP Lounge. The NPP guru, therefore, called for a review of the status of diplomats and politicians who are entitled to use the VIP Lounge.

He said that the reviewing exercise should be done every year to sieve away people who are not entitled to use that place. A former police officer and former Secretary for Religious Affairs in the PNDC era, Mr. I. K. Obeng, challenged Amidu"s assertion that the BNI has no legal powers to arrest a suspect.

He told the Chronicle that Section 36 of the Criminal Code (Act 29) of 1960 gives the power of arrest not only to the police, but also to ordinary citizens and that the BNI has therefore got absolute power to arrest anybody without warrant if the need arises.

GRi../

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Selormey released from custody

Accra - 17 April 2001- Ghana's former deputy finance minister Victor Selormey was released on Monday, after being held for questioning over the granting of a two-million dollar credit facility, police said.

Selormey was arrested on Sunday by officials from the Bureau of National Investigations (BNI), a senior security source told AFP. The ex-deputy minister who served in the government of former president Jerry Rawlings, was arrested at the Kotoko International Airport in Accra when he arrived from an overseas trip.

Selormey was taken in for questioning over the alleged wrongful disbursement of a two-million dollar facility from the US export credit agency, Exim Bank, a BNI official said.

In an interview with local radio, Ghana's former deputy justice minister, Martin Amidu said BNI personnel "violated Victor Selormey's human rights in the manner he was arrested like a common criminal."

Amidu said Selormey was not allowed to use his mobile phone before he was whisked away. The former official also said that police had advised Selormey to report to them, but did not call for his arrest.

Amidu said the arrest was "part of the New Patriotic Party (NPP) government's strategy of intimidating and persecuting members of the former government and some functionaries of the NDC (the former ruling National Democratic Congress."

Rawlings, who ruled Ghana for 19 years, stepped down in January after his hand-picked successor was defeated by NPP leader, John Kufuor. President Kufuor has pledged to clean up government finances.

GRi../

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Selormey's arrest not related to Exim Bank -BNI

Accra - 17 April 2001- It has now been established that the arrest of Mr Victor Selormey, former Deputy Finance Minister, at the Kotoka International Airport (KIA) on Sunday night which caused a furore, had nothing to do with his alleged involvement in the much-publicised Exim Bank case.

A source close to the security services told the Graphic yesterday that Mr Selormey's arrest was in connection with a $1 million case under investigation as well as a series of others.

Mr Selormey has since been granted bail by the Bureau of National Investigations (BNI) after interrogation and a written statement had been taken from him. He was detained overnight.

According to the source, the nearly $1 million is said to have been paid to one Dr Boadu in the United States for consultancy services under the Court Computerisation Project.

The source said there are no documents on record detailing the sort of consultancy services provided by Dr Boadu, who has also been invited for questioning but nothing has been heard from him.

The source said the BNI, which is investigating the cases, is expected to issue a comprehensive statement today to outline details of the cases for which Mr Selormey is being investigated.

It, therefore, emphasised that the interrogation did not necessarily centre on the much-publicised Exim Bank case for which the police sought Mr Selormey's assistance and which some sections of the media and the public would want the nation to believe.

In another development, security sources at the Kotoka International Airport have reacted to the Graphic account on Mr Selormey's arrest by personnel of the BNI when he arrived in the country from an overseas trip published yesterday.

They said they were dismayed by the report which they contended was twisted to serve as an act of victimisation and also 'invented' to create an erroneous impression of the security apparatus.

The sources said when Mr Selormey arrived on Sunday night, he was invited to see the BNI Director, a request to which he obliged.

According to the sources, but for Mr Martin Amidu, former Deputy Attorney-General, who was seated in the VVIP lounge and raised an objection to Mr Selormey being taken in for questioning, one could not have noticed anything.

They said Mr Amidu rather tried to cause a stir by creating a scene when Mr Selormey was brought into the VVIP Lounge.

The sources said personalities such as Mr Kwame Peprah, former Minister of Finance, and Alhaji Huudu Yahaya, General Secretary of the NDC, who were mentioned in the Graphic report as being present during the said incident , were in actual fact not around at the time the incident took place.

The sources said when they got wind of Mr Selormey's arrival from overseas, a BNI operative was assigned to request him to meet the Airport Security Co-ordinator over a matter which was being investigated.

They said when Mr Amidu even entered the VVIP Lounge, the security at the gate questioned him on what he was in for. Mr Amidu allegedly stated that he was in to meet some important guests

According to the sources, Mr Amidu was seen in the company of a 'Choice FM' reporter at the VVIP Lounge.

The said reporter, the sources indicated, even lied to the VVIP security when he told them that he was in to cover the departure of a minister.

Incidentally, the reporter allegedly brought out his recorder immediately he saw Mr Selormey being led into the VVIP Lounge and started recording the commotion that had ensued. The sources said the BNI operative shoved off the reporter.

The sources acknowledged that Mr Emile Short, Commissioner for Human Rights and Administrative Justice, was at the VVIP but never spoke, let alone expressed any misgivings as the Graphic report sought to portray.

When contacted, Mr Selormey confirmed that he was picked up by the BNI moments after his arrival at the airport.

He said he was sent to the BNI offices where he was interrogated. He said he spent the night there and was able to make contact with his lawyer yesterday morning and was subsequently granted bail pending further investigations.

GRi../

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Selormey Arrested At KIA

Accra - Monday 16 April 2001- A Former Deputy Finance Minister, Victor Selormey was last night arrested at the Kotoka International Airport by the Police. He was arrested at about eight O'clock on his arrival from London on a British Airways flight.

A scuffle ensued when former Deputy Attorney-General Martin Amidu who was incidentally at the airport questioned the rationale for Mr. Selormey's arrest. Mr. Selormey's arrest is believed to be in connection with police investigations into the mystery surrounding the allocation of $ 2 Million from the Chinese Exim Bank to a non-existing company.

Some observers who witnessed the scene at the airport questioned the mode of arrest.

Late last month, the police issued a statement asking Mr. Selormey, former Trade Minister Dan Abodakpi and three others to co-operate in investigations into alleged transfer of huge sums to a foreign consultant and payments to a non-existing company. Mr. Selormey who was out of the country at the time, was asked to contact the police on his return.

GRi../

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"I did nothing wrong" - Abodakpi

Accra - 05 April 2001- Mr Dan Abodakpi, former Minister of Trade and Industry, has stated that he did nothing wrong in the award of contract for a study into the creation of science and technology parks in the country.

He said the allusions being made by sections of the media in connection with the case are, therefore, unfortunate and of no merit whatsoever.

He was reacting to the announcement on Monday by the government that he was assisting in police investigations into the transfer of huge sums of money to a foreign consultant in connection with the project.

Mr Victor Selormey, former Deputy Minister of Finance, is also assisting the police with investigations into the matter, together with three other public officials.

They are, Ms Grace Mends of the USAID Desk; Mrs Agnes Datsa, Head of Bilateral Relations; both of the Ministry of Finance, and Mr Haizel of the Ministry of Trade. Mr Abodakpi said so far, he has co-operated with the BNI officials and called on all to do the same.

"I wish to state that since investigations are now ongoing, we should all co-operate and allow the process to be completed", Mr Abodakpi said, and expressed optimism that the investigations would clear his name in the long run.

GRi../

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Transfer of huge sums of money to foreign consultant - Ex-Ministers help Police

Accra - 02 April 2001- The police have requested two former ministers and some officials of the Ministry of Trade and Industry and the Ministry of Finance to assist in investigations into the transfer of huge sums of money to a foreign consultant.

The affected ministers are Mr Victor Selormey, former Deputy Minister of Finance, and Mr Dan Abodakpi, former Minister of Trade and Industry. The officials concerned are Mr Haizel of the Ministry of Trade, now on terminal leave; Ms Eva Mends of the USAID Desk, Ministry of Finance; and Mrs Agnes Datsa, Head of Bilateral Relations of the Ministry of Finance.

A statement signed by the Director of Police Public Relations, Mr Richard Baduweh, and issued in Accra said the investigations are in connection with the Court Computerisation Study, which involves a contract sum of $899,000 and the Science Technology Valley Study for which payments totalling $400,000 have so far been made. The statement further said the Science and Technology Valley Study is meant to promote public and private sector partnership for technology growth in the country.

The statement said Mr Selormey is further required to help unravel the mystery surrounding the allocation of $2 million from the Chinese Exim Bank to a non-existent company. It requested Mr Selormey, who is said to be out of the country at the moment, to report to the CID Headquarters or the Police Information Room as soon as he returns.

According to the statement, Mr Abodakpi has already been contacted and is helping the Police in their investigations. The police have, meanwhile, requested that any affected person who has not as yet contacted the police should do so as soon as possible

GRi../

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