Bank manager jailed for stealing $150,000 from community, fined GH¢24,000

The chief of Banka, a farming community in Asante Akyem district of the Ashanti region, has been jailed by the High Court in Accra for stealing US$150,000 ($150,000) from the community.

The chief, Osabarima Twiampomah III, was found guilty of theft by the High Court presided over by Justice Comfort K. Tasiame after a full trial on July 23.

After his conviction, he was sentenced to three months in prison, plus 2,000 penalty units (equivalent to GH¢24,000).

Judge Comfort Tasiame said in passing sentence that the convict would face five years in prison if he failed to pay the fine.

The chief (now convicted) was arrested and charged after allegedly pocketing $150,000 that a gold mining company, Gulf Coast Resources Company Ltd, had donated to the community as part of its corporate social responsibility.

Background

On July 21, 2023, the suspect, Osabarima Twiampomah III, was summoned to court on charges of theft, contrary to section 124 of the Criminal Offences Act, 1960, Act 29.

When charged, the suspect pleaded not guilty to the charges against him.

The prosecution, led by District Attorney Watkins Adamah, called three witnesses to support their case.

On December 19, 2023, when the Public Prosecution Service closed the case, the suspect requested the court for permission to make a statement that there was no reason to answer. This permission was granted by the court.

On February 20, 2024, the court ruled in its ruling on the lack of evidence that the Public Prosecution Service, through its witnesses, had been able to demonstrate that there was sufficient evidence to defend the suspect.

The trial concluded on May 7, 2024, after the accused testified and Prof. Kwame Gyan Esq. appeared as his sole witness.

Quick facts

The prosecution, led by prosecutor Watkins Adamah, argued that the complainant, Nana Yeboah, is a member of the community and was acting on behalf of the people of Banka.

The suspect, Osabarima Twiampomah III, is the chief of Banka, a farming community in the Asante Akyem district of the Ashanti region.

The prosecution alleged that in the year 2000, a gold mining company called Gulf Coast Resources Company Ltd obtained a ten-year mining lease from the Minerals Commission to mine gold on Banka lands.

It was said that the mining license expired in 2010 and that after the license expired, the mining company wrote a letter to the Minister of Lands, Forestry and Natural Resources requesting an extension of the mining license for the Banka land.

The Public Prosecution Service added that the Banka community, led by the suspect, strongly opposed the extension of the lease.

Petition

The Public Prosecution Service told the court that in a letter dated June 2010, addressed to the then Minister of Land, Forestry and Natural Resources, the suspect filed a petition on behalf of the elderly and the people of Banka against the extension of the lease agreement.

The grounds of the petition were that Gulf Coast Resources Company Ltd. had failed to fulfil its social and corporate obligations to the Banka community during the past ten years while it was operating in Banka.

It was said that following the petition, the company’s management has started negotiations with the accused and the people of Banka.

The prosecution alleged that during negotiations, the company promised to pay the Banka community $150,000 for the development of the Banka community if the defendants and the residents of Banka withdrew their request against the renewal of their lease.

The Public Prosecution Service believes that the defendants and the residents of Banka complied with the request and that they withdrew their petition in a letter to the Minister of Land, Forestry and Natural Resources in January 2011.

“This letter was also written by the accused on behalf of the people of Banka.

“As a result, the company’s mining license was extended for another ten years, starting in 2011.

“Upon renewal of their lease agreement, Gulf Coast Resources Company Ltd. also transferred their rights to another mining company called Banka Gold Ltd,” the prosecution told the court.

It was alleged that Gulf Coast Resources Company Ltd paid the sum of $150,000 through the suspect to the people of Banka from the proceeds of this transaction as previously promised.

“The Managing Director of Gulf Coast Resources Company Ltd, Mr. Ebenezer Baah Asare-Quansah, told the police that the payment of the said amount to the suspect as head of Banka was meant for the Banka community and not for the suspect personally.

“The suspect confirmed receipt thereof by means of a receipt dated June 2011, which he personally signed.

“The contents of the receipt indicate that the amount was paid to the accused on behalf of the elders and the people of Banka.

“However, the suspect failed to inform the people at Banka that he had received the money,” the Public Prosecution Service said.

“He has also failed to release the money to the people of Banka for the intended development needs.

“However, the people of Banka got wind of the fact that the money had been paid to the accused. They waited for a long time, but the accused did not tell them anything.

“Therefore, the elders of Banka approached him several times, but the accused told them that the money had not been paid to him.

“When the elders were not satisfied, they reported the matter to the police and the suspect was arrested,” the Public Prosecution Service said.

The Public Prosecution Service stated that during interrogation the suspect admitted to having received the money.

“But he said the money was paid to him personally for his personal use and not for the Banka community and that he had used the money to cover his legal fees incurred while pursuing the case with Gulf Coast Resources Company Ltd.”

TWI NEWS