IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE ACCRA – A.D. 2010
SUIT NO……………….
THE REPUBLIC VRS 1. GEORGE YAW OWUSU 2. KWAME BARWUAH-EDUSEI 3. EO GROUP LTD
*COUNT ONE
*STATEMENT OF OFFENCE
Conspiracy to commit crime namely causing financial loss to a public body contrary to sections 23(1) and 179A(2) of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
*1. George Yaw Owusu, Director EO Group, 2. Kwame Barwuah Edusei, Director EO and 3. EO Group, in May, 2004, in Accra, agreed to act together with a common purpose to cause financial loss to a public body namely Ghana National Petroleum Corporation.
*COUNT TWO
*STATEMENT OF OFFENCE
Causing financial loss to a public body contrary to sections 23 and 179A (2) of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
*1. George Yaw Owusu, Director EO Group, 2. Kwame Barwuah Edusei, Director EO Group and 3. EO Group, in May, 2004 in Accra, willfully caused a financial loss of one billion dollars ($1b) to Ghana National Petroleum Corporation.
*COUNT THREE
*STATEMENT OF OFFENCE
Causing financial loss to a public body contrary to section 179A (2) of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
*1. George Yaw Owusu, Director EO Group, 2. Kwame Barwuah Edusei, Director EO Group and 3. EO Group, in May, 2004 in Accra, willfully caused financial loss of two hundred and fifty thousand dollars ($250,000.00) to Ghana National Petroleum Corporation.
*COUNT FOUR
*STATEMENT OF OFFENCE
Causing financial loss to a public body contrary to section 179A (2) of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
*1. George Yaw Owusu, Director EO Group, 2. Kwame Barwuah Edusei, Director EO Group and 3. EO Group, in May, 2004 in Accra, willfully caused a financial loss of three hundred million dollars ($300m) to Ghana National Petroleum Corporation.
*COUNT FIVE
*STATEMENT OF OFFENCE Money laundering contrary to section 1(1) of the Anti-Money Laundering Act, 2008 (Act 749).
*PARTICULARS OF OFFENCE
George Yaw Owusu, former Country Manager of Kosmos Energy and director of EO group, Ghana; sometime in the year 2004 transferred one hundred and seventy-five thousand dollars ($175,000) for Kwame Barwuah Edusei in America in violation of the Exchange Control Act.
*COUNT SIX
*STATEMENT OF OFFENCE
Money laundering contrary to section 1(1) of the Anti-Money Laundering Act, 2008 (Act 749).
*PARTICULARS OF OFFENCE
George Yaw Owusu, former Country Manager of Kosmos Energy and director of EO Group, Ghana; sometime in the year 2004 transferred ten thousand dollars ($10,000) out of Ghana without declaring same at the Kotoka International Airport prior to your departure.
*COUNT SEVEN
*STATEMENT OF OFFENCE
Conspiracy to forge official documents contrary to sections 23(1) and 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
*1. George Yaw Owusu, former Country Manager of Kosmos Energy, Ghana, and Director of EO Group, Ghana, 2. Kwame Barwuah Edusei, former Ghana Ambassador to the USA and Director of EO Group; sometime in the year 2002, in Accra, agreed to act together with a common purpose to commit a crime namely forgery of documents.
*COUNT EIGHT
*STATEMENT OF OFFENCE
Forgery of official documents contrary to Section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 13th day of December, 2002, during the registration of EO Group and with intent to deceive the Registrar of Companies did forge the signature of Kwame Barwuah Edusei on the company registration form No.3 as a Director of EO Group.
*COUNT NINE
*STATEMENT OF OFFENCE
Forgery of official documents contrary to Section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 13th day of December, 2002, during the registration of EO Group and with intent to deceive to deceive the Registrar of Companies did forge the signature of Kwame Barwuah Edusei on the Company Registration form No.4 as a Director of EO Group.
*COUNT TEN
*STATEMENT OF OFFENCE
Forgery of official documents contrary to section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 23rd day of February, 2005 in Accra, with intent to deceive the Registrar of Companies did forge the signature of Evangeline Boatey as a Director of Equiva Services Ltd on Registration form No.3 during the registration of the Equiva Company.
*COUNT ELEVEN
*STATEMENT OF OFFENCE
Forgery of official documents contrary to section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 23rd day of February, 2005 in Accra, with intent to deceive the Registrar of Companies did forge the signature of Evangeline Boatey as a Director of Equiva Services Limited on Registration form No.4 during the registration of Equiva Services Ltd.
*COUNT TWELVE
*STATEMENT OF OFFENCE
Forgery of official documents contrary to section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCES
George Yaw Owusu, Former Country Manager of Kosmos Energy, Ghana and Director EO Group Ltd, on or about the 13th day of December, 2004, with intent to deceive the Registrar of Companies did forge the signatures of Rex Opoku, Evangeline Boatey and Gustav Acquaye on the company registration form No.3 during the registration of Newbridge Hospitality Services Ltd.
*COUNT THIRTEEN
*STATEMENT OF OFFENCE
Forgery of official documents contrary to section 158 of the Criminal Offences Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu, former Country Manager of Kosmos Energy, Ghana, on or about the 13th day of December, 2004, with intent to deceive the Registrar of Companies did forge the signatures of Gustav Acquaye, Red Opoku and Evangeline Boatey on the company registration form No.4 during the registration of Newbridge Hospitality Services Ltd.
*COUNT FOURTEEN
*STATEMENT OF OFFENCE
Willfully making a false statement to the Registrar of Companies contrary to Section 321 of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 13th day of December, 2002, during the registration of EO Group, willfully forged the signature of Kwame Barwuah Edusei as a Director of EO Group on Company Registration form No.3 and presented same to the Registrar knowing it to be false.
*COUNT FIFTEEN
*STATEMENT OF OFFENCE
Willfully making a false statement to the Registrar of Companies contrary to section 321 of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 13th day of December, 2002, during the registration of EO Group, wilfully forged the signature of Kwame Barwuah Edusei as a Director of EO Group of Company Registration form No.4 and presented same to the Registrar knowing it to be false.
*COUNT SIXTEEN
*STATEMENT OF OFFENCE
Willfully making a false statement to the Registrar of Companies contrary to Section 321 of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 23rd day of February, 2005 in Accra, during the registration of Equiva Limited, willfully forged the signature of Evangeline Boatey on Company Registration form No.3 as a Director of Equiva Services Limited and presented it to the Registrar of Companies knowing same to be false.
*COUNT SEVENTTEEN
*STATEMENT OF OFFENCE
Wilfully making a false statement to the Registrar of Companies contrary to section 321 of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu; Former Country Manager of Kosmos Ghana and Director of EO Group Ghana: on or about the 23rd day of February, 2005 in Accra, during the registration of Equiva Services Limited, willfully forged the signature of Evangeline Boatey on Company Registration form No.4 as a Director of Equiva Services Limited and presented it to the Registrar of Companies knowing same to be false.
*COUNT EIGHTEEN
*STATEMENT OF OFFENCE
Wilfully making a false statement to the Registrar of Companies contrary to section 321 of the Companies Act, 1963, (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu, Former Country Manager of Kosmos Energy, Ghana, and Director of EO Group, Ghana, on or about the 13th day of December, 2004 in Accra, during the registration of Newbridge Hospitality Services, willfully forged the signatures of Rex Opoku and Evangeline Boatey on Company Registration form No.3 as shareholders/directors of Newbridge Hospitality Services Ltd and presented it to the Registrar of Companies knowing same to be false.
*COUNT NINETEEN
*STATEMENT OF OFFENCE
Wilfully making a false statement to the Registrar of Companies contrary to Section 231 of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
George Yaw Owusu, former Country Manager of Kosmos Energy Ghana, and Director of EO Group, Ghana, on or about the 13th day of December, 2004, in Accra, during the registration of Newbridge Hospitality Services, you willfully forged the signatures of Rex Opoku and Evangeline Boatey on company registration form No.4 as shareholders/directors of Newbridge Hospitality Services Ltd and presented it to the Registrar of Companies knowing same to be false.
*COUNT TWENTY
*STATEMENT OF OFFENCE
Deceit of Public officer contrary to section 251 of the Criminal Offence Act, 1960 (Act 29).
*PARTICULARS OF OFFENCE
George Yaw Owusu, former Country Manager of Kosmos Ghana and Director of EO Group: on or about the 13th day of December, 2002 with intent to defeat the requirement of Regulation 3 of the Companies Code forged the signature of Kwame Barwuah Edusei as Director of EO Group and presented same to the Registrar of Companies in fulfillment of the requirement of form No.3 in company registration when you had no good reason to believe it to be a true signature of Kwame Barwuah Edusei.
*COUNT TWENTY-ONE
*STATEMENT OF OFFENCE
Failure to call Annual General Meeting contrary to section 149 (1) and (3) of the Companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
EO Group, represented by George Yaw Owusu and Kwame Barwuah Edusei, in the year 2003 did not hold any annual general meeting for the year.
*COUNT TWENTY-TWO
*STATEMENT OF OFFENCE
Failure to circulate profit and loss account, balance sheet and reports contrary to section 124 of the companies Act, 1963 (Act 179).
*PARTICULARS OF OFFENCE
EO Group, represented by George Owusu and Kwame Barwuah Edusei, in 2003 did not prepare and send to every member of the company, a profit and loss account, balance sheet and report by directors and auditors as required under the Companies Act, 1963 (Act 179).
*COUNT TWENTY-THREE
*STATEMENT OF OFFENCE
Establishing a business contrary to section 19(2)(a) of the Ghana Investment Promotion Council Act, 1994 (Act 478).
*PARTICULARS OF OFFENCE
1. George Yaw Owusu, (an American), 2. Kwame Barwuah Edusei all Directors of EO Group, on or about the month of February, 2005, established the EO Group without complying with the requirement of a minimum investment of $10,000 as required by the Act.
*COUNT TWENTY-FOUR
*STATEMENT OF OFFENCE
Establishing a business contrary to section 19(2)(a) of the Ghana Investment Promotion Council Act, 1994 (Act 478).
*PARTICULARS OF OFFENCE
1. George Yaw Owusu, (an American), 2. Evangeline Boatey all Director of Equiva Services Ltd, on or about the month of February, 2002 established Equiva Services Ltd without complying with requirement of a minimum investment of $10,000 as required by the Act.
*COUNT TWENTY-FIVE
*STATEMENT OF OFFENCE
Establish a business contrary to section 19(2)(a) of the Ghana Investment Promotion Council Act, 1994 (Act 478).
*PARTICULARS OF OFFENCE
1. George Yaw Owusu, (an American), 2. Evangeline Boatey, 3. Gustav Adote Acquaye and 4. Rex Opoku all Directors of Newbridge Hospitality Services Ltd. on or about the month of February, 2005 formed Newbridge Hospitality Services Ltd without complying with the requirement of minimum investment of $10,000 as required by the Act.
DATED AT THE ATTORNEY-GENERAL’S CHAMBERS
THIS 13TH DAY OF JANUARY, 2010.
GERTRUDE GLADYS AIKINS
DIRECTOR OF PUBLIC PROSECUTIONS
THE REGISTRAR HIGH COURT ACCRA
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