GIA vice president interrogated by BNI

The Vice President of Ghana International Airlines (GIA) , Sammy Crabbe appeared before a combined team of investigators from the Criminal Investigations Department (CID) of the Police Service and the Bureau of National Investigations (BNI) on Tuesday.

He was asked to re-appear before the team today, at 4pm.

No charges have been preferred against Mr Crabbe but his lawyer, Kwame Acheampong Boateng says the outcome of today?s interrogation might determine whether he would be charged.

Speaking on an Accra based private radio station Mr. Boateng said investigators quizzed his client on matters of procurement and acts of omission especially on some transactions at GIA.

?We are also putting together our side of the story?, he said.

The CID and the BNI were invited into the GIA saga, following the detection of some anomalies in the management of the budding airline.

These anomalies which have criminal implications have already claimed the first casualty, with the firing of the chief executive officer, Brian Presbury.

Presbury who was alleged to have launched into tantrums was fired by the Board Chairman, Mr. G.A.M. Azu. He has since left the country for the USA via London.

But Boateng said the dismissal of Mr. Presbury is against the shareholders agreement entered into by all the parties.

According to him, the agreement indicates that the moment a CEO was fired; the management had been incapacitated since everything revolved around him.

This he said prompted his client to file a law suit at the Commercial Court.

The case has been fixed for April 28, 2006.

He said the dismissal of the CEO was illegal because no due process was followed. ?

It is against the Companies Code of Ghana? he stressed.

Mr. Boateng said his client was asking for the declaration of the status quo before the final determination of the case at the court.

He wondered whether a section of the board can fire the management without reference to the shareholders? agreement.

According to him under the agreement, the CEO was ceded to the Minority Shareholder, i.e. GIA-US-LLC while the chairman of the board was to be appointed by the Ghana Government ?What is happening now is a bit confusing? he said.

He said issues in dispute, should be referred to arbitration in line with the agreement.

It would be recalled that lawyers for GIA-USA have filed a writ at the Commercial Court in Accra against the dismissal of the CEO.

Mr. Boateng said the Attorney-General and Minister of Justice has been notified about the existence of the writ.

Also joined in the writ are GIA and Minister for Presidential Affairs, Kwadwo Mpiani, who has oversight responsibility for the Aviation Sector.

While the Board Secretary for GIA had also been served, Mr. Mpiani was yet to be served with the writ.

The lawyers are claiming a declaration that the purported termination of the management team of the airline is null and void.

It is further seeking a declaration to restrain third defendant, Mr. Mpiani, who is also Minister for Presidential Affairs from interfering in the affairs of the company.

A fourth point in the writ seeks an injunction to restrain Board of Directors of GIA from acting contrary to the companies? code which regulates shareholders? agreement.

Finally the writ is seeking general damages for a breach of shareholders? agreement.

The Board Chairman, G.A.M. Azu on Monday April 10, 2006, stated that the appointment of CEO Brian Presbury had been terminated, effective Friday, April 7, 2006.

?This decision followed the discovery of serious incidents of negligence, gross mismanagement and misconduct, with potential criminal consequences, which the Board has passed on to appropriate state agencies? the statement said.