Opinion

“The accused did not have the intention to defraud” Court clears Ghana First Company Limited

Apexnewsgh

Ghana First Company Limited has been cleared of any wrongdoing against contractors working on its company’s toilet projects across the country. This is according to the court verdict intercepted by apexnewsgh.com which was signed by Nana Adoma Osei a Senior State Attorney for Attorney General. Apexnewsgh.com report

Background

Ghana First, as a sanitation provider company, started a project of constructing information technology-based places of convenience across Metropolitan, Municipal and District Assembly’s in marketplaces, lorry parks, and needy areas throughout the country and along the way, there was a misunderstanding.


The misunderstanding between Ghana First Company Limited and its contractors started way back in 2019 with some agitations by contractors who claimed they have executed the project to a certain level and needed some money to continue.

Following the misunderstanding between the two groups, the contractors reported Ghana First CEO to the police and he was invited by the police on March 16, 2021, and upon arrival, the CEO of Ghana First Company Mr. Frank Akuley was arrested and detained. However, after some days of being on remand, he was granted bail and was asked to report to the police every Tuesday and Thursday. Information gathered said aside that, The CEO properties which includes cars, passport, and accounts were ceased. Meaning he has no power over them.

Meanwhile, after all these years of court battling between two parties, a verdict by Nana Adoma Osei a Senior State Attorney for Attorney General intercepted by this platform says, “According to the accused, due to the fact that MMDAs delayed in producing the land documents for them to submit to GCB for the release of funds for the company’s operations, it became necessary to generate funds to ran the company. He stated that it was the reason why the company started charging 2% of the contract sum from the contractors from June 2018 to the first quarter of 2019 which was used to fund operations”.

The verdict further states: “In order to successfully sustain a charge of defrauding by false pretences against the accused, there must be evidence of intention to defraud. However, from the evidence available in the docket, the accused dealt with the complainants on the basis of the MOU, which at all material times was an existing and binding MOU”.
“Accordingly, the accused never made a false statement of fact when he told the complainants that he had funding from Thermodul.” The ruling said

“The MOU was terminated by Thermodul on 2nd April 2019 at a time when a lot of complainants had already entered into a contract with Ghana First on the basis of MOU”.

However, concluding on the verdict, the State Attorney says: “A careful and painstaking evaluation of the docket reveals that the accused did not have the intention to defraud. The issues in contention are civil nature. The parties are therefore advised to explore the option of ironing their issues out in a civil suit.

“From the forgoing, we disrecommend the prosecution of the accused person. Please, do not charge him with any offence”.

“Your FINANCIAL FORENSIC UNIT Duplicate Case Docket R.O No. 39/2021 is hereby returned to you”. The ruling stated

Source: Apexnewsgh.com/Ghana
For please kindly contact us on 0256336062 or Email apexnewsgh@gmail.com

Ngamegbulam C. S

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