General News of Tuesday, 11 March 2003

Source: Chronicle

Zero tolerance on trial at SFO

First, it was the former bullying CEPS boss’ palaver when a senior government man, a private legal practitioner used his enormous weight to lean on the SFO to freeze action.

In this instance, the former editor-in-chief of The Ghanaian Chronicle personally appeared and testified at the SFO, and is said to be bidding his time. Then, the other mysterious cessation of action against Danny Ofori-Atta in the Capital Telecom fraud affair in which the paper once again played a central role. Then other matters that the Chronicle is studying.

About seven months ago, the SFO completed a review of a multi-million dollar scandal that validated an earlier forensic investigations, Messrs Databank and Enterprise Insurance Company. The paper has learnt that the matter is in the process of being thrashed because of immense pressure from key NPP majors.

However, minute transgressions of NDC men are immediately leaked and the AG’s office moves to full prosecution. Last month for example, Dr George Sipa Yankey, who is already standing trial over the Quality Grain matter- another Chronicle investigation- was hauled before the SFO to answer questions involving suspicious energy deals even when all documentation indicated that Dr Yankey was not even working on that schedule at the time.

His wife, an aggressive, steely housewife berated the officials and steered her husband out of the door. The name of one K. Nyantakyi, involved with the Sahara affairs, popped up in the matter.

The SFO review has been presented to the AG and the report confirms an earlier Chronicle account of last year in which Databank, Enterprise Insurance, Ekow Awoonor’s law consultancy and SSNIT were cited.

The report is a damning indictment of Databank, Enterprise Insurance Company (EIC), both companies owned principally by Ken Ofori-Atta. A director of SSB Bank, Ekow Awoonor, with a previous criminal conviction for a drug-related charge in the USA and Dan Seddoh, the financial controller of EUC are some of the names cited.

A number of documents cited by the paper concluded that indeed the project- ‘Obotan Garden in the city’ estate development project has cost the state a couple of millions of dollars. The ‘brainchild’ of the complex fraud, Ken Ofori-Atta and Ekow Awoonor should be prosecuted.

The report confirmed the forensic report, which states inter-alia: “In our estimation, SSNIT money was collected and used to pay for the property plus allowances, commission and legal fees to so-called developers who were also members of the company. Thereafter, SSNIT was allocated 55 per cent shareholding and others who did not contribute a dime, i.e., EIC and SSB Investments were allocated 42.5 per cent and 2.5 per respectively.”

By a classic stroke of a criminal mind, Databank which is a majority shareholder in Enterprise Insurance literally appropriated 42 per cent in which they never paid a cent, though on paper, they are listed to be paying $1.8m for the shares of Obotan. The estate was expected to be built at Massilar House near the British High Commission along the Independence avenue.

On top of that, SSNIT was ruthlessly raped again because available documentary evidence shows that it paid EIC a brokerage fee of $44,000. “We are at a loss as to what service was rendered by EIC in the acquisition of the CFAO property (Massilar house) to warrant the payment of such a fee.

By the beginning of the investigations, SFO found that the four houses that constitute the Obotan project site was being occupied by officials of Databank and other foreigners, but the electricity and water bills were being paid by SSNIT.

Again, Ekow Awoonor representing SSB Investments and secretary/director of Obotan Developers are said to have presented incorrect information and should be prosecuted as well.

Inside sources close to SSNIT had backed the SFO and forensic report suggesting that SSNIT had backed the SFO and forensic report suggesting that SSNIT should recover the full amount plus an overpayment of $594,000.

The ball is now in the court of Nana Akufo-Addo the Attorney General, but deep disquiet has set in at SFO because word in the corridors suggest that Akufo-Addo is reluctant to prosecute because he relates Ofori-Atta, an issue that is receiving stiff opposition from SFO because they have been prosecuting NDC men and may lose their credibility if no action is taken.

The Ghanaian Chronicle has also learnt that the Presidency is unaware of this problem even though Kufuor bears the brunt of aspersions and insinuations when duplicity on the part of some members of the government gets out. SSNIT is in the middle of pressing for refund of its millions of dollars.

The criminal aspect of the case where Databank is intensively lobbying to refund the funds instead of prosecution- an option that has not been offered the NDC accused persons is an issue that is being intensively debated.

It would be recalled that in early last year, The Ghanaian Chronicle published a story about the Obotan Garden affairs and how Databank boss, through insiders trading, duped SSNIT millions of dollars. Ekow Awoonor, in an interview with the paper, expressed grave concern about the work of the forensic team and took them to the cleaners.

He complained that he was not contacted but the paper’s forensic auditors sources explained that they were able to gather information they wanted from Awoonor. But not satisfied, he filed a petition to the president over what he perceived as injustices. Databank bosses refused to talk to the paper, including the questionnaire support to upon request.