The Chief of Banka a farming community in the Asante Akyim District of the Ashanti Region has been jailed by the High Court in Accra for stealing one hundred and fifty thousand dollars ($150, 000) belonging to the community.
The Chief Osabarima Twiampomah III was found guilty for stealing by the High Court presided over by Justice Comfort K. Tasiame after full trial on July 23.
Upon his conviction, he was sentenced to serve three months in prison in addition to 2000 penalty units which is equivalent to GHc24, 000.
Justice Comfort Tasiame while sentencing the convict said, should he default in the payment of the fine, he should serve five years in prison.
The Chief (now convict) was arrested and charged after he was said to have pocketed the one hundred and fifty thousand dollars ($150K) a gold mining company – Gulf Coast Resources Company Ltd had given to the community for corporate social responsibility obligations.
Background
On July 21, 2023, the accused – Osabarima Twiampomah III was arraigned for the charge of stealing, contrary to section 124 of the Criminal Offences Act, 1960, Act 29.
Upon his arraignment, the accused pleaded not guilty to the charge leveled against him.
The Prosecution led by Watkins Adamah, a State Attorney called three (3) witnesses who testified in support of its case.
On December 19, 2023 when Prosecution closed its case, the accused prayed the court for leave to make a submission of no case to answer and same was granted by the court.
On 20th February 2024, the court in its ruling on the submission of no case to answer found that prosecution through it witnesses were able to prove that there is a prima facie evidence for tue accused to mount defence.
The trial by way of evidence subsequently concluded on May 7, 2024 after the accused testified and Prof. Kwame Gyan Esq., as his only witness.
Brief facts
It was the case of the Prosecution led by the State Attorney Watkins Adamah that, the complainant Nana Yeboah is a member of the community and acted on behalf of the people of Banka.
While the accused Osabarima Twiampomah III is the Chief of Banka, a farming community in the Asante Akyim District of the Ashanti Region.
The Prosecution stated that, in the year 2000, a gold mining company by the name Gulf Coast Resources Company Ltd acquired a mining lease for a period of ten (10) years from the Mineral Commission to operate gold mining on Banka lands.
It said, the mining lease expired in 2010 and on the expiry of the lease, the mining company wrote to the Minister of Lands, Forestry and Natural Resources for the renewal of their mining lease on Banka lands.
The Prosecution added that, the Banka community, spearheaded by the accused vehemently challenged the renewal of the lease.
Petition
The Prosecution told that court that in a letter in June, 2010 addressed to the then Minister of Lands, Forestry and Natural Resources authored by the accused on behalf of the elders and people of Banka, petitioned against the renewal of the lease.
The grounds of the petition was that the Gulf Coast Resources Company Ltd had failed to fulfill its corporate and social obligations to the Banka community for the past 10 years that the company operated at Banka.
It said, following the petition, the management of the company entered into negotiations with the accused and the people of Banka.
The Prosecution, stated that, at the negotiations, the company promised to pay the Banka community $150, 000 for the development of the Banka Community if the accused and the people of Banka would withdraw their petition against the renewal of their lease.
It was the case of the prosecution that, the accused and the people of Banka obliged and accordingly withdrew their petition in a letter in January 2011 addressed to the Minister of Lands, Forestry and Natural Resources.
“This said letter was also authored by the accused on behalf of the people of Banka.
“Consequently, the mining lease of the company was renewed for another 10 years beginning from 2011.
“Upon renewal of their lease, the Gulf Coast Resources Company Ltd also transferred their rights to another mining company, called Banka Gold Ltd,” the Prosecution told the Court.
It stated that, out of the proceeds from this transaction, Gulf Coast Resources Company Ltd paid an amount of $150,000.00 through the accused for the people of Banka as promised earlier.
“The Managing Director of the Gulf Coast Recourses Company Ltd, Mr. Ebenezer Baah Asare-Quansah told the Police that the payment of the said amount to the accused as the Chief of Banka was for the Banka community but not for the accused personally.
“The accused acknowledged receipt thereof per a receipt dated June, 2011 which was personally signed by him.
“The contents of the receipt indicate that the amount was paid to the accused on behalf of the elders and people of Banka.
“The accused however failed to inform the people of Banka that he had received the money,” the Prosecution stated.
“He also failed to release the money to the people of Banka for the intended developmental needs.
“The people of Banka however got wind that the money had been paid to accused. They waited for a long time but the accused did not tell them anything.
“Consequently, the elders of Banka approached him on several occasions but the accused told them that the money had not been paid to him.
“Not satisfied, the elders repotted the matter to the Police and the accused was arrested,” the Prosecution stated.
The prosecution stated that, when interrogated, the accused acknowledged receipt of the money.
“But he said that the money was paid to him personally for his personal use and not for the Banka Community and that he had used the money to defray his legal expenses which he incurred while he was pursuing the matter with Gulf Coast Resources Company Ltd.”
Source: Kasapafmonline.com/Murtala Inusah
