Lawyer charged for allegedly forging a will; pleads not guilty and granted GH¢200,000 bail

Joseph Kwow Addo Sam, Esq., a 52-year-old private legal practitioner, has been arraigned at the Achimota Circuit Court and charged along with four others for allegedly forging a will. He has been charged with conspiracy, forgery of official documents, altering of official documents, and perjury.

The Circuit Court in Achimota presided over by Her Honour Mrs. Akosua Anokyewaa Adjepong, admitted him to bail in the sum of GH¢200,000. In addition to bail, the court required him to provide three sureties, one of whom must be a public servant earning no less than GH¢3,000 and must reside within the court’s jurisdiction. The judge also directed him to report to the case investigator every Tuesday, once every two weeks.

Joseph Kwow Addo Sam was charged alongside Alhaji Seidu Adams Baba, alleged to be the Chief of Banda in Accra, Abdul Salia alias Abdallai Salia Junior, Abubakar Salia, and Saeed Salia (all three being siblings). While the lawyer and the Chief of Banda have entered their pleas, Saeed Salia’s plea has been deferred to August 15.

The prosecution, led by Assistant Superintendent of Police (ASP) Isaac Babayi, informed the court that Saeed Salia was only recently arrested, and the charge sheet needs to be amended accordingly.

Bernard Koranteng Obiri, who was representing Paul Asibi Abariga for the veteran lawyer, requested bail for his client. The prosecution did not oppose the bail request.

Previously, Alhaji Seidu Adams Baba (the 2nd Accused) was granted bail in the sum of GH¢150,000 with three sureties, one of whom must be a public servant earning no less than GH¢2,000.

The case has been adjourned to August 15. Abdul Salia alias Abdallai Salia Junior (3rd Accused) and Abubakar Salia (4th Accused) are currently at large, and the police are on a manhunt for them.

Brief Facts

According to the brief facts of the case, the complainant, Addris Salia, is a businessman, while the first accused (A1) is Joseph Kwow Addo Sam, Esq., a lawyer. The second accused, Alhaji Seidu Adams Baba, is the Chief of Banda in Accra. The third accused, Abdullai Salia alias Abdallai Salia Junior, the fourth accused, Abubakar Salia, and the fifth accused, Saeed Salia, are all siblings, and their late father was Alhaji Salia Abdullai.

ASP Isaac Babayi stated that after the death of Alhaji Salia Abdullai on June 23, 2021, a will surfaced, purported to be his last will, and was deposited at the registry of the High Court, Probate Division on May 7, 2004. The will was witnessed by the now-deceased Tony Kenyin Foli and Alhaji Seidu Adams Baba (A2).

The complainant became suspicious upon obtaining a copy of the will and conducting private checks, discovering that the signatures of his late father, Alhaji Salia Abdullai, and the late Tony Kenyin Foli on the will were forged. He then petitioned the Director-General of the CID for an investigation.

A certified true copy of the will was obtained from the High Court Registrar, and a statement previously submitted by Tony Kenyin Foli, who appeared as a witness on the will, was acquired from the Regional Police Headquarters/CID.

Signature samples from the late Alhaji Salia Abdullai were collected from Ecobank, Ghana Commercial Bank, and the Registrar General Department. Both the undisputed and disputed signatures were examined by the Comptroller General of the Ghana Immigration Service Forensic Department and Spotlight Security Solution.

The investigation revealed that the signatures on the purported will and probate form (Judicial Form 35) did not match those of the named individuals. It was determined that A1 conspired with A2, A3, A4, and A5 to prepare the forged will of the late Alhaji Salia Abdullai, with A2 signing as a witness to make it appear as the genuine last will of the deceased.

The will and associated probate form were presented to the High Court Registry, and on August 11, 2021, A3, A4, and A5 applied for probate based on the forged will.

The complainant, suspecting the will’s authenticity, petitioned the police. Joseph Kwow Addo Sam Esq. was arrested, and in his caution statement to the police, he admitted to preparing and depositing the will at the High Court Probate Division on May 7, 2004.

Alhaji Seidu Adams Baba (the 2nd accused) was also arrested but refused to provide a statement to the police.

The fourth and fifth accused signed the probate form, which was procured through fraud. The first and second accused have been charged with the listed offenses.