A/R: Banka chief jailed for stealing $150k belonging to community

The Chief, Osabarima Twiampomah III, was found guilty of stealing by the High Court presided over by Justice Comfort K. Tasiame after a full trial on July 23.

Upon his conviction, he was sentenced to serve three months in prison in addition to 2,000 penalty units, which is equivalent to GH¢24,000.

Justice Comfort Tasiame, while sentencing the convict, said that should he default on 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 on 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 witnesses who testified in support of its case.

On December 19, 2023, when the prosecution closed its case, the accused prayed the court for leave to make a submission of no case to answer, and the same was granted by the court.

On February 20, 2024, the court, in its ruling on the submission of no case to answer, found that the prosecution, through its witnesses, was able to prove that there was prima facie evidence for the accused to mount a defense.

The trial by way of evidence subsequently concluded on May 7, 2024, after the accused testified and Prof. Kwame Gyan Esq. appeared as his only witness.

Brief Facts

It was the case of the prosecution, led by State Attorney Watkins Adamah, that the complainant, Nana Yeboah, is a member of the community and acted on behalf of the people of Banka.

The accused, Osabarima Twiampomah III, is the Chief of Banka, a farming community in the Asante Akyem 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 years from the Minerals 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 the 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, they petitioned against the renewal of the lease.

The grounds of the petition were that the Gulf Coast Resources Company Ltd had failed to fulfill its corporate and social obligations to the Banka community for the past ten years that the company operated at Banka.

It said that 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 ten years beginning in 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 through the accused for the people of Banka as promised earlier.

“The Managing Director of the Gulf Coast Resources 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 and 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 the 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 reported 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 pursuing the matter with Gulf Coast Resources Company Ltd.”