Court orders Kuenyehia to forfeit bail bond

Accra, Jan. 18, GNA - An Accra Circuit Court on Monday ordered a legal practitioner who stood surety for Dr Michael Bandele Adekunle released on police enquiry bail by the Kotobabi Police to forfeit the GH¢50,000 bail bond to the state. In addition, the court gave Mr. Nutifafa Kuenyehia, Kuenyehia 28 days to honour the forfeiture.

The court presided over by Mr. C.K. Wilson however, did not give reasons for the ruling but stated that the full facts would be made available on Wednesday, January 20, 2010. Mr. Afolabi Akeredolu, a Nigerian Banker and complainant in an affidavit stated that Dr Adekunle was arrested by the police on March 27, 2009 for fraud.

He said during investigations, Dr Adekunle was released on police enquiry bail in the sum of GH?¢50,000 with a surety undertaken by Mr. Kuenyehia for the suspect to report to the police on March 30, 2009. Mr. Akeredolu said on the appointed day, Dr Adekunle failed to report to the police as requested under the terms of the bail bond and Mr. Kuenyehia also failed to produce the suspect. He said the bond was valid and enforceable notwithstanding the genuine mistake of writing 2007 instead of 2009 on the first page as the date for execution boldly written at the back as March 27, 2009. Mr. Kuenyehia in an affidavit in opposition urged the court to dismiss the complainant's application on the grounds that it was misconceived and incompetent.

He said the applicant's supporting affidavit was defective in that it did not state the date and place where the Commissioner of Oaths swore the affidavit and the applicant also did not obtain prior leave of the court before filling the affidavit.

Mr. Kuenyehia said by the provisions of the criminal code it was only the Republic of Ghana and its authorised officers who could bring an application for forfeiture of recognisance. He said the manner in which the instant suit had been instituted gave the erroneous impression that Mr. Akeredolu was the applicant. "I suspected that this is a very calculated and invidious ploy crafted to deprive the Republic of Ghana of its legitimate funds and divert same to private individuals should the court be minded to forfeit the recognisance. It would mean loss of revenue to Ghana," he added. 18 Jan. 10