The Circuit Court in Accra has rescinded its bench warrant issued for the arrest of a military officer accused of being involved in a GHC136,000 recruitment scam.

This was after Captain Abel Nartey, stationed at Army Headquarters, Burma Camp, who is alleged to have collected GHC120,000 out of the 136,000 together with one another to facilitate the enlistment of some persons into the various security services in the country was produced by the military on Tuesday, July 9.

High ranking Officers of the Ghana Armed Forces on Tuesday, July 9, 2024, produced the accused person to the Court after their attention was drawn via social media and traditional media publications.

The military denied the prosecution’s claims that it had blatantly refused to produce the accused to the police to face the law despite several efforts.

Dr. Jamal Tonzua, Counsel for Captain Nartey, who is the second accused said his client's appearance in Court on Tuesday, July 9, was a clear testament that he is ready to stand trial.

Captain Abel Nartey, who is standing trial with Clement Ayomah, a military officer, pleaded not guilty to two counts of offence – Conspiracy to commit a crime to wit defrauding by false pretence and defrauding by false pretences and had pleaded not guilty.

The Court presided over by His Honour Samuel Bright Acquah has admitted him to self-recognizance bail while the case has been adjourned to July 18.

EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the Court had directed him to make himself available to the Police for investigation while the case has been adjourned to July 18.

Argument

In his submissions to the Court to rescind the bench warrant for his client, Dr. Jamal Tonzua said that his client who is the second accused was present in Court which justified the effect of the bench warrant.

“This court issued a bench warrant for the arrest of 2nd Accused (Captain Abel Nartey) and the effect was for him to come and stand trial which he has done this morning, (Tuesday, July 9).”

“My lord, I would plead with the court to rescind the bench warrant because the purposes for which it was issued has been served,” Dr Tonzua prayed the Court.

“We also want to put on record that (the 2nd Accused) A2 was not evasive with police investigators not standing the trial of this matter.”

High military delegations

Counsel in his submission for the bench warrant to be rescinded added that “I also want to put on record that the Army Commander at Army Headquarters has detailed the Director of the Legal Department of the Army in the person of Col. Felix Korbieh to accompany 2nd Accused (Captain Nartey) to ensure that he complied with the laws.

Again, he submitted that the officers where Captain Nartey works directly were also detailed to accompany him to the Court to ensure that he complied and subjected himself to the laws as required.

To buttress his point, Dr. Tonzua added that, the “Military Police personnel have also been detailed to escort A2 (Captain Nartey) to Court to ensure he complied with what the law requires.”

It was the case of Counsel that, “these circumstances point to one fact and that fact is that the Ghana Armed Forces is interested in matters of this nature and as a disciplined institution does not condone or connive with crime and at all times will collaborate with state institutions especially the Criminal Justice System like the Police and the Court to ensure that crime is duly investigated and offenders punished.”

Counsel argued that his client is available in Court to fully cooperate with the police and subject himself to the court throughout this trial.

“The circumstances of this morning also point to the fact that A2 (Captain Nartey) is not a flight risk because he is under the watchful eyes of the military.

“He has been led to this honourable court by elite senior officers who are men and women of substance and will ensure that at all times he made himself available to stand trial.

He submitted that his client was available to subject himself to the processes to continue and to assist the police with his investigation processes of the matter.

Counsel prayed the Court to rescind the bench warrant because its purpose had been served.

No opposition

Chief Inspector Wisdom Alorwu, the Prosecutor in the matter said, the military “have done the needful and we are not opposed to the request for the bench warrant to be rescinded.

“It is our prayer that the accused be made to report to the Regional Criminal Investigation Department Headquarters for investigation to continue,” he prayed.

Brief facts

Chief Inspector Wisdom Alorwu, the Prosecutor, said the complainant, George Ofori Amoako is a trader residing at Darkuman.

He said while Ayomah (1st Accused) is a military officer stationed at Burma camp, Capt. Nartey is stationed at the Training and Doctrine Command at Teshie.

Chief Inspector Alorwu said, that in 2021, the complainant was introduced to Ayomah by one Vivian as a Military officer who has slots in the armed forces and she expressed interest and contacted Ayomah for assistance.

The prosecutor said he told the complainant that he and Capt. Nartey had many protocol slots in the security services.

This he said led to Ayomah collecting GHC136,000 from the complainant and gave GHc120,000 to Capt. Nartey to enlist 12 people into the Ghana Armed Force, seven into the Ghana Police Service and three into the Ghana Immigration Service.

He said, that after collecting the said amount and presenting same to Captain Nartey, Ayomah took the remaining GHC16,000.

After taking the money, he said Ayomah failed to honour his promise and began playing hide-and-seek with the complainant.

The prosecution said in March 2023, a report was made to the Police and Ayomah was arrested.

But, Capt. Nartey despite being invited severally by the Regional CID, Accra, to assist in investigations, failed to honour the invitation.

“A wireless message was sent to the Military Police and the Army headquarters for him to be produced but they also failed to produce him.”

Chief Inspector Alorwu said, in Ayomah’s caution statement, he admitted collecting money from the complainant and mentioned that some of it was given to Capt. Nartey.

The prosecution said Ayomah has since refunded GHC50,000.