An Accra-based legal firm has begun the first step in a series of
actions to stop FRAGA Oil and its owner Mr. Francis Nyonyo Agboada from
using the Cantonments Police to violate the rights of innocent
Ghanaians.
In a motion filed at the Human Rights Division of the Accra High Court
on Wednesday, Cardinal Law Group said two of their clients, Messrs Owusu
Ansah and Alex Denkyira are unfortunately caught in the web of Mr
Agboada's intrigues to bastardise the Ghana Police Service.
An affidavit accompanying the motion recounts that the two individuals
were arrested sometime in April 2014 on a complaint by Mr. Agboada.
"That since then, the 5th Respondent (Mr. Agboada) has been using his
links with the police and using them to harass and interfere with our
freedoms.
That even when we had been granted police enquiry bail at the
Cantonments station, 5th respondent used his influence to ensure that
the bond was not immediately executed till beyond midnight," the
affidavit claims.
It further states, "…when we had been asked to make periodic report to
the station, the 5th respondent once again influenced the police to
re-arrest us on the preceding day before our report and we were
arraigned before the court even without any opportunity for us to call
our lawyers.
"That after we managed to call our lawyers who came to court to apply
for bail for us, the 5th respondent again put impediments in our way and
we spent 3 days in custody before the Registrar executed the bail bond
for us," the affidavit explains.
According to the lawyers, the filing of the motion which was also served
on the Attorney General and the Inspector General of Police was to stop
any further harassment of their clients by the police.
However, a very nasty development took place at the forecourt of the
Accra District Magistrate Court when the police led by one Inspector
Peter were served with the motion papers.
Eye witnesses at the court told this paper the police refused and
instead insisted on re-arresting Messrs Owusu Ansah and Denkyira who
were shortly that Wednesday acquitted and discharged by the Accra
District Magistrate Court following the filing of a nolle prosequi by
the state with a promise to pursue the matter in a High Court.
It was an extreme embarrassment for the Cantonments Police when they
took a case involving some GHS 30,000 to an inferior court like the
Magistrate Court.
The two individuals after being re-arrested that Wednesday at the court
premises were later released after another caution statement was taken
from them. This was under the supervision of the new commander at the
Cantonments Police Station who has vowed never to allow his station to
be compromised.
Court records show that for the best moments that the court sat for
prosecution and Mr. Agboada's Fraga Oil to present their case, they were
conspicuously absent without any explanation.
Mr. Agboada and Fraga Oil are alleging that the two individuals caused
damage to their canopy and sign board erected at a filling station in
Pokuase, an Accra suburb. The two have denied the charge, insisting the
station does not belong to Mr. Agboada.
Mr Alex Denkyira who manages the filling station for the rightful; owner
Mr S.A. Anom told Ghana Daily the only things at the station that
belong to Fraga are two underground storage tanks and dispensing pumps.
"Fraga is doing these desperate things because we want to sever
commercial relationship with him and move to a different Oil Marketing
Company," Mr. Denkyira said.
Relating to Nana Owusu Ansah who owns a filling station around the North
Industrial Area in Accra, Mr Agboada claims the former defrauded him
when he issued two dud cheques over a consignment of bulk oil delivered.
In his caution statement to the police, Nana Owusu Ansah vehemently
denied the charges, saying the values on the two cheques in question had
been paid in cash to one of Fraga workers Mr Agboada had been sending
to him in 2009.
"I have an arrangement with him (Mr. Agboada). Any time they bring the
product, I issue them a covering cheque and later get my cheque back
after paying cash. I suspect mischief and malice in these moves.
"Why did they hold on to these cheques for over 5 years without any
demands on me if I truly owe them as they claim?" Nana Owusu Ansah
asked.
He added that he would surely walk free from the charges in any court he would be taken to.
Police sources at Cantonments station told this paper Mr Agboada has
abandoned the case of impersonation leveled against Nana Owusu Ansah
when it was discovered that the latter was duly given a power of
attorney by Mr S.A. Anom to oversee operations at the Pokuase Filling
station.
The motion filed by lawyers is scheduled to be moved on 7th May, 2014 and this paper will report exclusively for our readers.
Meanwhile, Cardinal Law Group have also expressed their readiness to
meet Mr Agboada squarely in the High Court to prove his allegations of
causing damage to property.
"The police have stopped being debt collectors since 1992. If Mr.
Agboada thinks he's being owed, he should he to the civil courts and
stop these antics," one of the lawyers of Cardinal Law Group stressed.
Your authoritative newspaper will in subsequent editions report
extensively on current moves by an obviously infuriated Chief Justice
Georgina Wood to investigate the alleged involvement of Mr. Nyonyo
Agboada's Fraga in fixing and arranging for a Magistrate Court to sit
after 4 pm without recourse to the usual administrative channels of the
Judicial Service.
Stay tuned.
Source;ghanaweb
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