Fraud office questions Ghana Bio Diesel

Dec 02, 2004 01:00 AM

The Managing Director of Ghana Bio Diesel Limited, Onua Amoah, has expressed total disgust about the conduct of some officials at the Serious Fraud Office (SFO) and Ben Ekow Abban, a former shareholder of the company.
Onua Amoah's concerns, captured in his petition, suggested that the SFO was allowing violent hooligans to use its (SFO) offices to invite and subject him to questioning on an alleged fraud charge, which according to him, sought to put his credibility on the line.

A petition copied to President Kufuor by his lawyer B.T Agbley, stated that he came into contact with Ben Ekow Abban and one John Robert Donnan in the year 2003, when they both expressed interest in investing in his company, leading to the signing of an agreement to that effect, as required by law in any joint venture.
The thrust of the joint venture document was that the two parties had agreed to the erection of a plant and all necessary equipment to manufacture the products. Onua Amoah recently invented and manufactured Bio-Diesel and its derivatives from locally grown plants, which invention had been tested and approved by all authorized agencies.

He disclosed that the investors, desirous of establishing the same venture, agreed to acquire all the necessary machinery and equipment to improve, establish and engage in the production of the local entrepreneur's Bio-Diesel.
In this vein, the parties mutually agreed to incorporate a joint venture company to adopt and improve the present enterprise of the local entrepreneur by erecting, establishing and operating the plant in Ghana for the manufacture, production and marketing of Bio-Diesel derivatives in the form of fertilizers, glycerine, soaps and seed-coated powder among other things.

The company was incorporated as a private company limited by shares under the Companies' Code 1963(act 179) with an authorized capital of 100,000,000 ordinary shares of no par value and both parties had agreed also to ensure that the company would issue to the local entrepreneur 50,000,000 ordinary shares for which the entrepreneur would pay the company the sum of 50,000,000.
In a letter dated 22nd December 2003, signed by Onua Amoah to the investors (Donnan and Abban), he observed that due to the stalemate in the implementation of the Bio-diesel project for six months and because of their failure and refusal to abide by the funding schedule for the project, he had abrogated the agreement.

In this regard, from December 24, 2003, Amoah took over the company and in the circumstance, the directors abdicated their positions and he subsequently demanded the list of all monies expended on the project for verification and payment.
In a response to the said letter signed by Ben Abban, he noted that John Donnan, the other investor (director) of the company had handed over management of his shares in the company, also with his complete support in handling all matters in relation with investments in the company. They agreed to also set aside the old joint venture agreement to allow a new agreement to replace that with a copy of power of attorney attached.

In another petition to the Inspector General of Police (IGP), Lawyer Agbley complained about the relentless harassment, assaults, kidnapping, burglary and theft of industrial machinery and equipment of the company by Ben Abban, together with his accomplices.
Mr Amoah said in October 24, this year, his son Davy Amoah was forcibly arrested and held captive in their Mitsubishi Pajero vehicle at the factory site at Pomadze in the Central Region. He added that as if that was not enough, the gang unlawfully broke into his factory and removed imported plants and equipment loaded them onto three articulated trucks ostensibly heading towards Accra.

He wondered also why the Daily Guide, an Accra newspaper, published in its November 2, 2004 edition what he called a defamatory story under the headline "Onua Amoah is a fraudster, says Ben Abban" which sought to defame him.
The petitioner expressed disbelief and accused the SFO of permitting hooligans to use their offices to attack and clandestinely take his pictures as well as serve him with a court writ while he was responding to the fraud office's invitation.
The petitioner believed that Ben Abban and his gangsters, as a result of what transpired at the SFO when he humbly responded to the invitation as a law-abiding citizen, masterminded his invitation by the SFO. He has, therefore, demanded a full investigation, explanations and an unqualified apology from the SFO and its officials involved in the incident as well as the cameraman and his associates in the stand off.

Source: Africa News
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