Mr Egbert Isaac Faibille Jnr, Solicitor of Mr Alfred Ogbamey, Managing Editor of the Gye Nyame Concord has dragged The Daily Graphic to the National Media Commission over a publication in the State owned daily, alleging that Mr Ogbamey has blackmailed the Director of the Ghana Ports and Harbours Authority, Mr Ben Owusu Mensah.

“It is my client’s contention that the Daily Graphic should have obtained his side of the story before publication; unless the publication was a paid-for advertisement”, Mr Faibille contended.

According to him, Mr Ogbamey believes that even if the publication was a paid-for advertisement, the Daily Graphic should have been guided by the law of defamation to have exercised proper judgment in the publication of the said press statement in the manner it did.

The Daily Graphic per a publication on Page 6 of its Thursday, December 7, 2006 issue, said to be the contents of a statement read by the Director General of the Ghana Ports and Harbours Authority (GPHA) at a press conference, maligned and libelled Gye Nyame Concord’s Managing Editor in a most unprofessional manner.

Mr Faibille further contended that the words contained in paragraphs 12 & 13 of the said publication and attributed to the Director General of the GPHA are false and libellous of his client; and which the Daily Graphic should and ought to have known and taken appropriate steps to prevent publication or alternatively spoken to Mr Ogbamey for his side; especially against the backdrop of media debates between him (Ogbamey) and GPHA.

In respect of the above, Mr Faibille, with instructions from his client, is seeking the National Media Commission to compel Daily Graphic to apologize to Mr Ogbamey with same prominence at a frequency that the NMC deems fit

Again, Mr Ogbamey’s Solicitor wants a retraction of the malicious and libellous parts of the publication and any other reliefs that the NMC may deem fit.

Leter

EGBERT ISAAC FAIBILLE JNR.
Barrister & Solicitor of the Superior Courts of Judicature of Ghana
P. O. Box CT 2858 Cantonments-Accra
Cell: 024-4640025

December 10, 2006

The Acting Commissioner,
Commission on Human Rights & Administrative Justice,
Old Parliament House,
Accra.

PETITION BY FRED KOFI-LAGBO FOR INVESTIGATION INTO US$16,381 MILLON CONTRACT ON ZPMC/KF94 LTD/GPHA CRANES TRANSACTION AND OTHER RELATED MATTERS AT GPHA

I act as Solicitor for Mr. Fred Kofi-Lagbo, a Ghanaian national who is currently out of the jurisdiction and his personal representative, Mr. Alfred Ogbamey, Managing Editor of the Gye Nyame Concord.

It is the contention of my client that in the matter of the acquisition of Shore Gantry Cranes (STS) and four rubber-tyred gantry cranes (RTGS) which contract was won by Messrs. ZPMC of China with its local representatives as KF94 Limited, the contract sum which was originally to be $14.7 million and which ended up at $16,381,000:00 was fraught with corruption and insider dealing on the part of Mr. Ben Owusu-Mensah, Director General of Ghana Ports and Harbours Authority (GPHA) and KF94.

At all material times from the inception of KF94 in 1994 to 2005, my client was a Director of KF94 and maintains that there was insider dealing and corruption regarding how KF94 came to represent ZPMC and the variation in the contract sum which evidence will be provided to the Commission.

My client also maintains that the variation of the contract sum from US$14.7 million to US$16.381.000 was for purposes of corruption by way of kickbacks to certain persons involved in the award and execution of the contract.

My client, being a Director of KF94 until recently, states so because he was privy to meetings and discussions at which the mode of sharing and percentages of an amount of US$ 2million was to be shared.

ZPMC, according to my client was to have an amount of US$700,000 from the deal as its share and Kweku Eshun was to use part of the rest ($1.3 million) to see some officials and Mr. Ben Owusu Mensah who could close the business deal for him.

My client maintains that an agreement to that effect was duly made between both parties - ZPMC and Kweku Eshun and that such an agreement was in existence though he believes Kweku Eshun might have destroyed it.

It is further the case of my client that Kweku Eshun told Mr. Owusu-Mensah that the $2 million was to be shared ?fifty-fifty? between ZPMC and KF94 Ltd. Mr. Ben Owusu-Mensah, according to what Kweku Eshun briefed my client at the time then declared that he was to be given half a million dollars. KF94 was of course not worried because according to my client it had $300,000 hidden under the ZPMC side of the bargain.

My client maintains that in order to achieve the set target of US$2 million to be shared, the two companies who put in bids, namely FANTUZI and ZPMC were asked to re-submit new bids ostensibly to ensure that the $2 million could be taken care of under the contract that was to be awarded; which fact meant ZPMC had from the onset been assured of winning the contract.

My client further maintains that Mr. Kweku Eshun told ZPMC that FANTUZI?s figure was a little over $17 million and that the $16.8 million was very acceptable. There was re-evaluation of the bid proposal and also the repayment schedule was changed somehow to reflect that of FANTUZI within certain tolerance limits. A problem that ZPMC and KF94 Limited had to resolve almost immediately was on what value of the contract sum the agency commission was to be applied.

ZPMC maintained that it was not going to pay any commission on the additional two million dollars increment since that came in as a kickback factor and was as such not part of their initial idea. This was acceptable eventually to both parties.

My client further maintains that at a certain stage when things became tough, Mr. Ben Owusu-Mensah told KF94 to go and lobby three members of the GPHA Board who could convince the others for a ruling in favour of KF94 Ltd, which was done.

My client maintains that it is against this backdrop that the contract sum under reference was varied to US$16,381.000 million, hence this petition to CHRAJ to investigate the circumstances surrounding the award of the contract, its execution and related matters.

My client further maintains that it is his quest to obtain his promised share of US$100,000 that led him to put pressure on Messrs Ben Owusu Mensah and Kweku Eshun, which resulted in the former setting his friend ACP Odai of the Ghana Police Service on him resulting in the Police declaring him a wanted man, for which reason he has had to flee the jurisdiction.

Under the circumstances, my client has asked Mr. Alfred Ogbamey to represent him in any investigations that may be ordered into this matter by CHRAJ and he is willing to testify at any stage of the investigations by a means to be determined by the Commission.

Yours faithfully,

EGBERT FAIBILLE. JNR