CHRAJ Being Muzzled?

As Officialdom Seeks To Protect GPHA Boss

It took the Commission on Human Rights and Administrative Justice one whole month to acknowledge receipt of a petition filed by the Solicitor for Mr. Fred Kofi-Lagbo and his personal representative, Mr. Alfred Ogbamey, Managing Editor of the Gye Nyame Concord newspaper against the boss of the Ghana Ports and Harbours Authority, Mr. Ben Owusu Mensah.

The Ghanaian Lens can confirm that it was not until the 11th of this month that the CHRAJ officially wrote to acknowledge the petition that, according to information available to this paper, was filed with the CHRAJ as far back as 10th December 2006, sparking discussions among media men and women about attempts being made by officialdom to muzzle the CHRAJ from delving into the matter.

The Ghanaian Lens can authoritatively reveal that a restraining order obtained by Ben Owusu Mensah through an ex-parte motion is being used to, as it were, bully other bodies, such as the GJA Ethics Committee and the Media Commission from delving into the matter, as such bodies decline jurisdiction over the matter with the excuse that the matter is sub-judice.

Indeed, the delay by the CHRAJ in acknowledging receipt of the petition is being seen as a manifestation of this bully tactics.

But an unimpeachable source close to the lawyer for the petitioner told The Ghanaian Lens that the lawyer, Egbert Faibille Jnr. Esq., and his clients believe that there is no reason why the CHRAJ should decline jurisdiction over the matter.

“Egbert and his clients believe that the matter before law the court is different from the petition before CHRAJ. The matter before the law court is between Ben Owusu Mensah and Alfred Ogbamey. The petition before CHRAJ is one in which the petitioner, Mr. Fred Kofi-Lagbo, is asking the CHRAJ to investigate a case of corruption and insider dealing against the GPHA boss, so they [Egbert and his clients] do not believe that there is any basis for the CHRAJ to feel compelled to decline jurisdiction because of the court case,” the source told The Ghanaian Lens

The petition filed by Egbert Faibille Jnr. Esq, on behalf of his clients, a copy of which The Ghanaian Lens has chanced upon, makes very interesting reading. We reproduce in full the petition to CHRAJ.

“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,

Signed

EGBERT FAIBILLE. JNR