Afeku Cleared Of Fraud & Criminal Charges

The Minister-designate for Tourism, Culture and Creative Arts, Catherine Abelema Afeku, has been cleared of any wrongdoing in a business relationship she had with her American partners, Patricia Gicks and Bill Gicks. In a letter addressed to the Presidency, a copy of which is in possession of The Chronicle, Counsel for the Tourism Minister-designate, Godfred […]

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The Minister-designate for Tourism, Culture and Creative Arts, Catherine Abelema Afeku, has been cleared of any wrongdoing in a business relationship she had with her American partners, Patricia Gicks and Bill Gicks.

In a letter addressed to the Presidency, a copy of which is in possession of The Chronicle, Counsel for the Tourism Minister-designate, Godfred Yeboah Dame, told the President, Nana Addo Dankwa Akufo-Addo, that there was no finding of fraud or criminality against Catherine Afeku in the November 30, 2007 judgment which went against her.

The High Court, Accra entered judgment against Catherine Afeku, her husband, and a company Catherine Afeku was a director and shareholder of, following an action instituted by two American citizens, Patricia Gicks and Bill Gicks.

Among the reliefs granted Mrs Afeku and the other defendants jointly and severally were; Recovery of an amount of US$217,462.00; Interest on the US$217,462.00 at the prevailing bank rate from November, 2007 to date of final payment; The 2nd and 3rd defendants account for all monies and equipment sent by plaintiffs to them; and Mitsubishi Diamante Saloon car with registration number AS 7323 W.

However, in October, 2013, fresh evidence popped up which affected the legitimacy of the judgment earlier entered against her.

The fresh evidence was in the form of a video recording of the son of the plaintiffs in the suit, who also happened to be a witness for the plaintiffs in the action.

In the video recording, the witness was seen and heard confessing that the case instituted against Catherine Afeku and her husband was completely concocted, and that, he, together with the plaintiffs therein, had conspired with an Nzema indigene, Mr. Francis Nokoe, to craft a cause of action against Catherine Afeku and her husband through the artful and manipulation of facts and fabrication of relevant evidence.

This provoked the defendants to file a fresh action on November 22, 2013 in the High Court, Accra against the two American citizens, their son (witness whose confession had given rise to the new suit) and the native of Nzema, Francis Nokoe, for an order setting aside the earlier judgment, as having been obtained by fraud and deceit of the court.

Catherine Afeku and her Counsel, Godfred Yeboah Dame, proceeded to file an application for an order restraining the enforcement of the earlier judgment dated November 30, 2007, given in suit No. 245/06, until the final determination of the new suit.

This was granted by the High Court, Accra, which was presided over Justice Bright Mensah on March 5, 2014.

“Pending the final determination of this suit, the judgment in question is stayed. The defendants, their agents, assigns or anyone claiming through them are restrained from enforcing the judgment in suit No. 245/06,” noted Justice Bright Mensah in his ruling.

The court then ordered the immediate return of the seized properties belonging to Catherine Afeku and her husband.

The ruling also compelled the defendants, Patricia Gicks, David Thomas, Bill Gicks and Francis Kaku Nokoe, to return the Mitsubishi Diamante saloon car with registration number AS 7323 W, Nissan Navara pickup with registration number GC3300-09, and a building with house number LVC/73 at Lower Axim, belonging to the Afekus.

The said properties were awarded the defendants in the earlier court judgment which went against Catherine Afeku and her husband.

Argument in support of Application

Counsel for the applicants, GodfredYeboah Dame, arguing in support of the plaintiffs, cited the case of Merchant Bank (GH) Ltd v Similar Ways Ltd (2012) SCGLR 440 to buttress the stay of execution of the earlier judgment.

Counsel also referred to Poku v Poku (2007 – 2008) SCGLR 996 (Holding 2), and re-echoed the principle that fraud vitiates everything, including the solemn judgments of the court.

Counsel further reiterated that in one case, even where neither counsel had specifically raised fraud, the Supreme Court held that the court nevertheless has a duty to set aside the registration of land procured by fraud.

In his respectful view, the instant suit was a proper case where the court ought to stay execution of the judgment and restrain the defendants from enforcing it.

He, therefore, urged the court to grant an instant application.

Argument in opposition to the application

But the learned counsel for the defendants, Kwodwo Erskine, in his argument, urged the court to dismiss the application, contending that the applicants had already settled part of

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the judgment debt and costs.

He submitted that the video recording in controversy has been in existence since the inception of the trial case in the Commercial Court, and, therefore, was not a recent event.

Counsel for the defendants also expressed the view that the application was only meant to frustrate the defendants in the present suit from enjoying the fruits of the judgment recovered in the Commercial Court, in which they were the plaintiffs.

Justice Bright Mensah’s Ruling

After listening to the arguments of the plaintiffs and defendants, Justice Bright Mensah held the view that there serious issues to be tried between the parties, and that the claim before him was neither frivolous nor vexatious.

Having regard to the competing claims of the parties, and given the special factors of the case and on the balance of convenience, Justice Bright held that “the plaintiffs cannot be denied the temporary relief sought.”

“I consider that it shall be just and/or convenient in terms of Order 25 r 1(1) of CI 47 to grant this instant application. In the result, the application is granted,” noted Justice Bright Mensah in his ruling.

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