Coomson, CHRAJ & PV Obeng ? The Real Story

Statesman -- ACCORDING to official records available to this paper and contrary to recent publications in a section of the media regarding allegations of illegal acquisition of properties involving Paul Victor Obeng, it has been established that it was rather the Publisher of The Chronicle, Kofi Coomson, who issued a voluntary statement to the Commission on Human Rights and Administrative Justice, informing it that he had decided to discontinue acting as a witness in the case.

?I think I would be more useful to the community by doing something better,? Coomson?s statement to the CHRAJ went.

In 1995/96, the Commission, which had invited Nana Kofi Coomson as a witness, notably regretted his decision and stated that it felt ?the interest of the nation would have been better served if he had sought audience with the Commission to discuss the issues raised in his [withdrawal] statement and to find solutions, if any, to them.?

The records of CHRAJ reads: ?In the course of the proceedings and on separate dates, the Editor-in-Chief of the Ghanaian Chronicle, Nana Kofi Coomson, and the Editor of the Free Press, Eben Quarcoo, appeared before the Commission.? It continues, ?In the company of his solicitor Captain (Rtd) Effah-Dartey, Nana Kofi Coomson read a statement informing the Commission of his decision to withdraw further assistance to the Commission with regard to the investigations. ?He said he was withdrawing because agents of the officials under investigation had placed his informants and witnesses under systematic harassment.?

Ironically, Mr Coomson was earlier reported in the Ghanaian Chronicle over the same series of CHRAJ probes saying ?that members of the public have nothing to fear and should step up and offer information that will help the [cocoa] industry plug its leaks and wastage.?

At the time of the PV Obeng case, CHRAJ was also investigating various allegations against Dr I K Adjei-Maafo, former Minister for Cocoa Affairs, KK Sarpong, former CEO of Cocoa Marketing Company, Ibrahim Adams, former Minister of Food and Agriculture, Col (Rtd) Osei-Owusu and CB Ntim.

In November 1995, the then Editor-in-Chief of the Ghanaian C hronicle, had urged the NDC officials before CHRAJ to behave like good Christians and assist the Commission to ?halt the rot,? as exposed in publications in his paper concerning the cocoa industry.

Yet, in his withdrawal statement afterwards, Mr Coomson told CHRAJ, there was ?a certain slackening in my vigour and attitude to the work of the Commission,? adding, ?I have no incentive to continue in my work and I want to boycott this probe.?

This is in complete variance to the position the publisher of the Chronicle has developed and somewhat maintained since 2003.

In 2003 he granted an interview to his own paper in which he said he ?became puzzled by the decision of the lawyers representing him to pull out one after the other just when he was preparing for the case.?

Moreover, he alleged in that publication that the late Asantehene tried to influence him to drop the case against PV Obeng.

The Chronicle report stated: ?[Nana Coomson] recalls that the only person who spoke to him to be ?cool? with PV was the late Asantehene, Otumfuo Opoku Ware II, who told him in the presence of Mr Sebastian Freiku, the regional editor of the Chronicle, that PV is not a politician, and that he should go softly on him.?

Mr Coomson has since been accusing the Foreign Minister, Nana Akufo-Addo whose law firm Akufo-Addo, Prempeh & Co had represented him in several legal battles in the past, of leaning on a then junior at the law firm, Yoni Kulendi, to stop representing him in the PV Obeng case.

In January 2004, Mr Coomson repeated the charge - with a headline in the Chronicle: ?Foreign Minister Owes Me An Apology ? Kofi ?Chronicle? Coomson?- alleging that PV Obeng got Capt (Rtd) Kojo Tsikata to persuade the latter?s friend Nana Akufo-Addo to pull representation.

The allegation has again been repeated in the last few weeks. Mr Kulendi has categorically denied it.

Mr Coomson has also accused other prominent lawyers, namely Joe Ghartey (now Attorney-General & Minister of Justice designate) and Peter Zwennes of abandoning him in the CHRAJ probe just when he was preparing for the case. But, according to CHRAJ records, Mr Coomson in withdrawing from the case himself explained in 1996 that, because the officials being investigated, including PV Obeng and Dr Adjei-Maafo, had not been interdicted, they still wielded power and influence and were in a position not only to scare potential witnesses, but also to tamper with records to distort evidence and cover their tracks.

The report further notes, ?Nana Coomson also expressed the opinion that nothing good would come out of the Commission?s investigations because the very public officials under investigation had been given additional and substantive offices.?

He stated in his own words, ?Now if I come here and testify like a mocking bird only to see the people that we are accusing being promoted and whistling past me, I tend to look like a sissy. There is no incentive to continue such an exercise. I think I would be more useful to the community by doing something better.?

Mr Coomson gave another reason to the Commission. He said he had about 15 suits pending against him in court and ?the cost was beginning to take its toll,? according to the report.

That particular investigation was started by CHRAJ following a series of allegations of corruption and illegal acquisition of property made against Mr. Obeng, the then Presidential Advisor on Governmental Affairs, by the Ghanaian Chronicle and the Free Press in 1995.

In showing its displeasure with Mr Coomson?s decision to withdraw from the case, CHRAJ writes in the report, ?the Commission was prepared to receive information or evidence in support of allegations of corruption and other improprieties privately and then conduct its own investigation to verify the authenticity or cogency of the information supplied.?

CHRAJ further explains, ?Even though the Commission?s position on this matter was made clear to Mr Coomson and the public during the hearings, no further evidence or information in support of the allegations made against Mr. Obeng was made available to the Commission. The Commission was therefore constrained to investigate the allegations on its own steam and to the best of its ability.? Furthermore, the CHRAJ reports: ?Nana Coomson expressed concern about what he called ?double standards? being exhibited by the NDC government.? He said while investigation by the Commission was ?diluted,? there was another investigation taking place elsewhere in which the government was ?definitely interested.?

He accused the NDC of appointing private investigators and the full force of the BNI to investigate Kwesi Nduom of Deloitte & Touche at the time. Mr Coomson stated: ?Mr. Chairman, if you notice that there is a certain slackening in my vigour and attitude to the work of the Commission, it is because I am shocked and discouraged by the exhibition of double standards in the case of Dr Nduom and the public officers who appear here.?

The Chronicle publisher has complained in his paper in recent years that it was the office of the then Commissioner, Emile Short, ?that has persistently refused to keep records of proceedings covering his appearances before the Commission on Human Rights and Administration Justice in 1996.?

According to Mr Coomson, Commissioner Short told him ?that a virus had destroyed the records of the proceedings? when he made an official request for them. He had emphasised to the Chronicle, saying: ?I did testify, and a round speech of about 45 minutes was delivered by me, and Emile Short has the records.? ?The last time I spoke to him he said he had found them (the records) and I challenge the Commissioner to produce the evidence for all the doubting Thomases.?

The Statesman has a copy of the full report.

On May 13 2003, PV Obeng, according to the Chronicle, exonerated its publisher of taking bribe from the former adviser to the Provisional National Defence Council.

The Chronicle, in July of that year, quoted PV Obeng as saying, ?Kofi Coomson happened to be one of those people who made the allegations but I did not bribe him.?

A leading member of Friends of Nana Akufo-Addo, Carlos Von Brazzi told this paper at the weekend that ?On July 27, 2001, the then Attorney-General, Nana Akufo-Addo, led the country?s Parliament to unanimously repeal the country?s criminal libel and sedition laws, including clauses governing sedition and defamation of the president. Also scrapped were laws granting the president discretionary power to ban news outlets. As a result, all pending legal cases filed under the repealed sections were dropped.?

Von Brazzi observed that in February, 2001, the court had re-opened a 1996 case against Messrs Kofi Coomson, Eben Quarcoo and Tommy Thompson. All three men were charged with ?making false publications likely to injure the reputation of the state,? under Section 185 of the Criminal Code, for alleging in 1995 that the government of the time was involved in drugs and arms smuggling. ?The Attorney General, Nana Akufo-Addo, took the extra step to have the case against the journalists dropped by issuing nolle prosequi. I guess, for that, Mr. Coomson deserves an apology, too,? Von Brazzi said sarcastically. ?Let us be serious in this country. You may be entitled to your opinion, but certainly not to your own set of facts,? the FONAA member stated.

In the matter of investigation into allegations of illegal acquisition of properties

Mr Paul Victor Obeng

Coram:

Emile Francis Short - Commissioner

Benjamin Kwesi Oppong - Deputy Commissioner

Angelina Domakyaareh (Mrs) - Deputy Commissioner

This investigation was conducted following a series of allegations of corruption and illegal acquisition of property made against Mr P V Obeng, the Presidential Adviser on Governmental Affairs, by the Ghanaian Chronicle and the Free Press last year.

In the June 15 ? 18 1995, issue of the Ghanaian Chronicle there appeared a publication entitled:

?P V OBENG?S GILDED $.05M APIRPORT HOUSE ? NORWEGIAN BUSINESSMAN?S BRIBE FOR GETTING HIM A STATE ENTERPRISE ON THE CHEAP?

In the said publication, it was alleged that Mr P V Obeng had acquired:

?a string of properties from Accra to Adansi including the most conspicuous one overlooking the Achimota to Tetteh Quarshie Rotary (roundabout) ? a 500 million cedi property of sheer architectural and aesthetic delight set in the most sought-after part of Accra, Airport West.?

It was also alleged that Mr Obeng used his position to acquire the land from the Lands Commission for a fraction of the value. Another serious allegation made in the same publication was that a greater part of the house was built for the Presidential Adviser by a Norwegian Businessman whom he helped to acquire Bibiani Complex, a state-owned enterprise, for a bargain price.

Another matter which called for investigation was the allegation that the said property was included in the Assets Declaration Form submitted to the Auditor-General as required by Article 286 of the 1992 Constitution.

In another publication by the Ghanaian Chronicle on the 26th June, 1995 it was alleged that there was overwhelming evidence that Mr Obeng had acquired a Billion Cedi Housing Complex at East Legon. It appeared from the Assets Declaration Form submitted to this Commission by Mr Obeng that he denied ownership of this alleged housing complex and the Commission had to examine all the available evidence to determine its true ownership. It was the case of the Ghanaian Chronicle that the house which was completed in September 1994 was located on two double plots and comprised four single storey-houses and four servant quarters with a total of 24 bedrooms. It was further alleged in the same publication that Mr Obeng had an interest in LA CHAUMIERE RESTAURANT, a French restaurant located opposite Hotel Granada in Accra. other matters which the Commission had to investigate included Mr Obeng?s alleged ownership of D & C Industries Ltd, a company dealing in the production of beverages.

In the Friday June 23rd 1995 issue of the Free Press, was a front page publication entitled:

?Another 4 billion Chateau for P V ?Mary Dufie Villa?

The Free Press alleged that Mr P V Obeng had built ?a mansion of our similar buildings of exquisite architecture and smaller apartments.? The four main buildings were estimated at ?600 million each excluding the smaller apartments. The publication went further to allege that Mr Obeng had put up the building in the name of his mother Mary Dufie to ?evade assets declaration and to deceive the Public.? These were the main allegations of impropriety which the two newspapers made against Mr P V Obeng and which the Commission investigated.

The investigation was being conducted pursuant to the Commission?s responsibility under Article 218 (e) of the 1992 Constitution which provides as follows:

?to investigate all instances of alleged or suspected corruption and the misappropriation of public monies by officials and to take appropriate steps, including reports to the Attorney-General and the Auditor-General resulting from such investigations?

The investigation also sought to determine whether there had been any contravention of any of the provisions of Chapter 24 of the 1992 Constitution on the Code of Conduct for Public Officers. The relevant provisions of that Chapter in this case are Article 284 and 286. Article 284 provides that a public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.

Article 286 requires certain public officers to submit to the Auditor-General, a truthful written declaration of all property or assets owned or, liabilities owed by them, whether directly or indirectly, within certain stated periods.

The Commission conducted some preliminary investigations by locating and thereby determining the existence of the said properties. Mr Obeng was also requested to fill Assets Declaration Forms designed by the Commission. The Commission also procured from the office of the Auditor-General, Mr Obeng?s Assets Declaration Form previously submitted to that office in compliance with Article 286 mentioned supra.

In both Assets Declaration Forms, Mr Obeng admitted joint ownership of the Airport West house with his wife. He submitted a Tenancy Agreement in respect of the house which was in the name of Esi Hammond, his wife?s maiden name.

In the course of the proceedings and on separate dates, the Editor-in-Chief of the Ghanaian Chronicle, Nana Kofi Coomson, and the Editor of the Free Press, Mr Eben Quarcoo, appeared before the Commission. In the company of his Solicitor Captain (Rtd) Effah-Dartey, Nana Kofi Coomson read a statement informing the Commission of his decision to withdraw further assistance to the Commission with regard to the investigations. He said he was withdrawing because agents of the officials under investigation had placed his informants and witness under systematic harassment. It should be mentioned here that at the same time that the instant investigation was going on, the Commission was also investigating various allegations leveled against some other government officials. Nana Kofi Coomson had been testifying before the Coomson in respect of some of the said investigations. Nana Kofi Coomson was of the view that because the officials being investigated had not been interdicted, they still wielded power and influence and were in a position not only to scare potential witness, but also to tamper with records to distort evidence and cover their tracks. Nana Coomson stated that it had cost him huge sums of money to investigate some of the allegations; he said he had to, on one occasion, hire the services of a London-based Sri Lankan lawyer to help him obtain some information but some of the public officers. He said apart from that, he had about 15 suits pending against him in court and the cost was beginning to take its toll.

Nana Coomson also expressed the opinion that nothing good would come out of the Commission?s investigations because the very public officials under investigation had been given additional and substantive office He named some officials and the additional responsibilities assigned them. He stated, ?Now if I come here and testify like a mocking bird only to see the people that we are accusing being promoted and whistling past me, I tend to look like a sissy. There is no incentive to continue such an exercise. I think I would be more useful to the community by doing something better.?

Nana Coomson expressed concern about what he called ?double standards? being exhibit by the government. He said while investigation by the Commission was ?diluted,? there was another investigation taking place elsewhere in which the Government was ?definitely interested.? He said the subject of the said investigation was Dr Kwesi Nduom of Deloitte and Touche which had virtually been shut down and all his contracts with government institutions cancelled. He alleged that the government had appointed private investigators and the full force of the BNI had been mobilized to investigate Dr Nduom. Anan Coomson stated, ?Mr Chairman, if you notice that there is a certain slackening in my vigour and attitude to the work of the Commission, it is because I am shocked and discouraged by exhibition of double standards in the case of Dr Nduom and the public officers who appear here.? The Editor stated that for the reasons enumerated above, ?I have no incentive to continue in my work and I want to boycott this probe??

On his part, Mr Eben Quarcoo, Editor of the Free Press, stated at the sitting of the Commission that his paper did not intend to participate in the proceedings. He referred to a letter he had sent to the Commission in which he had stated the reasons for their refusal to participate. One of the reasons for the Free Press position was the fact that the officers under investigation had not been interdicted by the Commission. On that point, the Commissioner explained to the Editor that the Commission had no power to interdict any public officer.

The other reason given by the Free Press was that the Commission had misplaced its priorities by neglecting to investigate the allegation that Tsatsu Tsikata, Chief Executive of the Ghana National Petroleum Corporation, had through mismanagement caused the nation to lose ?200 billion. On that point also the Commission informed the Editor that the Commission was only mandated by the Constitution to investigate allegations of corruption. It was made known to him that the Commission had no power to investigate allegations of mismanagement. He was reminded that the country was in a constitutional era and therefore the Commission could only operate within the limit and scope of the functions specified in the Constitution.

The question was put to Mr Eben Quarcoo as to whether he did not think it is the responsibility of Editors or persons who make allegations to assist in the resultant investigations. The Editor said he agreed but that his appear had no confidence in the Commission?s investigations. This, he said, was because the Commission was investigating people who were using their incumbency to cover up themselves. Asked whether it was not a healthy development for the promotion of good governance that serving officers were being probed, the Editor?s reply was that would have been so if they were ?being probed generally and honestly.?

With regard to the arguments or reasons advanced by Mr Kofi Coomson for his decision to withdraw his assistance to the Commission, the Commission notes that while it sympathises with the commends Mr Coomson for undertaking what appeared to be a one man crusade to assist the Commission to discharge its responsibility under the Constitution, Commission feels that the interest of the nation would have been better served if he had sought audience with the Commission to discuss the issues raised in his statement and to find solutions, if any, to them. For example, the Commission was prepare to receive information or evidence in support of allegations of corruption and other improprieties privately and then conduct its own investigation to verify the authenticity or cogency of the information supplied.

Even thought eh Commission?s position on this matter was made clear to Mr Coomson and the public during the hearings, no further evidence or information in support of the allegations made against Mr Obeng was made available to the Commission. The Commission was therefore constrained to investigate the allegations on its own steam and to the best of its ability.

On the question as to whether the public officials under investigation should have been interdicted during the period of the investigation, the Commission is of the view that this issue is not one that can be effectively and properly discussed in this report.

EVIDENCE OF MR P V OBENG

Mr Obeng was the first to give evidence before the Commission. He was led in evidence by Mr Stanley Amarteifio and a team of lawyers from Law Trust Company, an Accra based firm of lawyers.

In his evidence, Mr Obeng admitted that apart from his point ownership of the house at Airport West, he also owned House No G5 Sakumono Road, Community Two, Tema which he said he personally designed, constructed and supervised. This house was built in 1978 and consequently did not form part of this investigation because it was acquired before Mr Obeng assumed public office. With regard to the four single storey houses at East Legon, Mr Obeng denied ownership?