Opinions of Sunday, 9 June 2013
Columnist: Koranteng, Adu
…As he Calls for out of court settlement to settle 150,000 dollars
Nana Osabarima Twiampomah III, Chief of Banka in the Asante Akim South District, who is being held for misappropriating 150,000.00 belonging to his community has pleaded with the Accra High court, presided over by Justice Charles Quist for out of court settlement with the elders and people of the town.
He also promised to pay half of the money before the next court hearing should the court allow out of court settlement. Prior to yesterday’s proceedings, lawyers of Osabarima Twiampomah III from Kwame Gyan and Associates approached petitioners in the case, Mr Isaac Obeng and Nana Yeboah Okoh, former regents of Banka and other leaders with pleadings for out of court settlement , after the accused person had promised to settle part of the money before the next adjourned date.
Prosecuting Chief State Attorney, Mr Matthew Amponsah, upon briefing by the elders of the town on the agreement reached agreed that the court permit them to settle the matter out of court and that if the parties fail to reach consensus, the matter should be brought back to the high court for continuation. Justice Quist therefore adjourned the case to 23 June 2013 for determination.
The money misappropriated was a lease sum paid by Gulf Coast Resources Limited, a mining company, to the people of Banka after using their land for mining 10 years ago.
Charged with stealing, 52-year old Nana Twiampomah pleaded not guilty when he appeared on 4th September 2012.The chief was admitted to bail in the sum GH¢50,000 cedis with one surety to be justified. The surety should deposit a title deed equivalent to the principal sum of 0,000 to the Court's registry.
Additionally, Nana Twiampomah was made to sign a bond not to travel outside the country until the matter was disposed off.
According to the prosecutor , Mr Matthew Amponsah, in the year 2000, Gulf Coast Resources Limited (GCRL), acquired a mining lease for a period of 10 years from the Minerals Commission to operate a gold mining on Banka lands. The mining lease however expired in 2010.
When the lease expired, GCRL wrote a letter to the Minister of Land, Forestry and Natural Resources for the renewal of their mining lease on Banka lands. The community spearhead by the accused person, vehemently challenged the renewal of the lease.
Mr Amponsah said in a letter dated June 10, 2010, the accused person and the people of Banka petitioned the Ministry of lands, Forestry and Natural Resources, protesting the renewal of the lease because GCRL had failed to fulfill its corporate social responsibility for the past 10 years.
Following this challenge, Mr Amponsah said GCRL entered into negotiations with the accused and the people of Banka. During the said negotiation, the company promised to pay 0,000 to the community as monies for development.
The accused and people, therefore, in a letter dated on January 13, 2011, withdrew their petition and the mining lease was renewed for another 10 years beginning from 2011.Mr Amponsah said after the mining lease was renewed, GCRL paid the 0,000 and transferred their rights to another mining company known as Banka Gold Limited.
Prosecution said GCRL paid the amount as per Stanbic Bank Cheque number 534403 on June 14, 2011 and the accused acknowledged receiving the money and issued a signed receipt on June 14, 2011.Mr Amponsah said accused failed to inform his people after receiving the money. Despite the several demands by the people over the payment, accused denied receiving the money and as such reported the matter to the Police.
In the accused person's statement to the Police, he admitted receiving the money, saying the money was for his personal use and for the community. Accused person, prosecution said, explained further that he used some of the money to defray his legal expenses when he engaged GCRL in a legal battle.