The country’s law courts were bustling in 2023, with many prominent civil and criminal cases taking centre stage throughout the year.
The courts dealt with some high-profile criminal cases that significantly impacted some key sectors of the country.
From politics to business, Ghana’s laws were tested, and some personalities were jailed.
While some cases were concluded with final verdicts, others crossed over into 2024.
The Ghana Report recaps some cases that dominated the headlines as we begin a new era.
McDan convicted for contempt
In February 2023, businessman and Chief Executive Officer of McDan Group of Companies, Daniel McKorley, was convicted by an Accra High Court for contempt.
Daniel McKorley, affectionately called McDan, was found guilty after the court held that he had deliberately disobeyed orders of the High Court over a disputed parcel of land at East Legon.
The High Court, presided over by Justice Kweku Tawiah Ackaah-Boafo, a Justice of the Court of Appeal sitting as an additional High Court Judge, imposed a fine of GH¢40,000 on him.
The court said GH¢15,000 out of that fine should be given to the applicant.
On May 20, 2022, the applicant, Al-Hassan Iddisah, filed a contempt application to vindicate the law and its sanctions following the respondent’s forceful takeover of the land in dispute.
He accused the respondent, Daniel McKorley, of breaking the law by willfully disrespecting an order of the High Court and thereby bringing the administration of justice into disrepute.
Kusi Boateng’s contempt suit against Ablakwa
The High Court in Accra, in May 2023, dismissed contempt charges brought against North Tongu Member of Parliament, Samuel Okudzeto Ablakwa, by Secretary to the Board of Trustees of the National Cathedral, Rev. Victor Kusi Boateng.
Lawyers of Rev. Victor Kusi Boateng filed the contempt charges after the MP was cited in a video refusing to be served with court processes relating to a defamation suit brought against him and kicking the documents with his foot in the process.
Rev. Kusi Boateng had sued the NDC legislator for making publications suggesting that he is engaged in a conflict of interest and double identity for allegedly operating under another name, Kwabena Adu Gyamfi.
The court, however, dismissed the contempt charges on the grounds that the bailiff was not a certified staff of the judicial service.
According to the Judge, the Chief Justice in 2021 directed that writs should only be served by members of the Judicial Service.
The court noted that the alleged bailiff was not a staff of the Judicial Service; hence, the process was not legitimate.
The case was also dismissed because the alleged bailiff did not follow the appropriate processes in serving a member of Parliament who was on parliamentary duties or on his way to Parliament, as was claimed by Samuel Okudzeto Ablakwa on February 3, 2023, when the incident occurred.
In delivering his ruling, the judge also indicated that the applicants did not prove the contempt charge beyond reasonable doubt as there were inconsistencies in the facts presented before the court.
Justice Charles Gyamfi Dabkwah dismissed the case, and Rev. Victor Kusi Boateng was handed a cost of GH¢10,000.
Special Prosecutor vs Cecilia Dapaah
Madam Cecilia Dapaah’s court hurdles began when seven persons, including her house help, were hauled before the court for stealing $1 million, €300,000, and other valuables from her residence at Abelemkpe in Accra.
The alleged thefts occurred between July and October 2022.
The Office of the Special Prosecutor (OSP) subsequently arrested Madam Dapaah on July 24, 2023, on suspicion of corruption and corruption-related offences after she and her husband, Daniel Osei Kuffuor, reported huge sums of money were stolen from their home.
It then administratively froze the bank accounts of the former minister and filed an application before an Accra High Court seeking to confirm the $590,000 and GH¢2.86 million seized at her home as well as the freezing of the accounts pending further investigation into the true ownership and source of the monies.
However, an Accra High Court presided over by Justice Edward Twum dismissed the application, indicating that based on the available facts before it, there was no justifiable basis for the authorised officers of the OSP to exercise the powers of seizure without a court warrant or order.
The OSP subsequently released the funds to Madam Dapaah and also lifted the freeze on the accounts, but later seized the money and again froze the accounts and subsequently filed another application seeking confirmation of the seizure and freeze.
The Accra High Court is yet to decide whether Special Prosecutor Kissi Agyebeng can continue to hold Mrs Dapaah’s seized cash, which he has described as possibly tainted.
Capital Bank’s Ato Essien Jailed for 15 Years For Stealing
William Ato Essien, the founder of the defunct Capital Bank, was slapped with a 15-year jail term in hard labour for stealing over GH₵90 million belonging to his bank.
It will be recalled that Mr Essien was required to pay GH₵20 million by the end of April, but as of July 4, he had managed to pay only GH₵7 million, breaching the terms of the agreement that saved him from going to jail after he was convicted.
Mr Essien was on trial with two others — Rev. Fitzgerald Odonkor and Tetteh Nettey — for their roles in the collapse of the defunct Capital Bank.
However, Rev. Odonkor and Mr Nettey were acquitted and discharged.
Mr Essien was charged with 16 counts of conspiracy and stealing from the GH¢620 million liquidity support given to the Capital Bank by the Bank of Ghana (BoG) to enable it to service maturing debts.
Mr Essien was found guilty of stealing over GH¢90m of depositors’ funds after he pleaded guilty to 16 counts of stealing and money laundering.
In its ruling on October 12, 2023, the trial judge, Justice Eric Kyei Baffour, held that the convict failed to pay the restitution and, thus, the sentence.
According to the judge, Essien exploited Capital Bank to his advantage and dissipated the funds of the bank without taking into consideration the depositors of the bank.
Anti-Mahama Suit
On November 14, 2023, the Supreme Court struck out a court action against former President John Dramani Mahama.
The application, filed by Daily Searchlight editor Ken Kuranchie, sought to challenge the eligibility of Mr Mahama to contest the 2024 presidential election.
Joined to the suit filed in June 2023 were former President John Agyekum Kufuor and the Speaker of Parliament Alban Bagbin.
It was the case of Mr Kuranchie that the 1992 Constitution of Ghana frowned upon the former president contesting the December 2024 elections.
He wanted the court to rule that a former president was not qualified to run for election as president, as stated in Article 66 (1) and (2) of the Constitution.
Article 66 (1) and (2) states (1) that a person elected as president shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as president.
Additionally, a person shall not be elected to hold office as President of Ghana for more than two terms.
Mr Kuranchie also wanted the court to order the Speaker of Parliament to invoke and operationalise Article 68 (2) of the 1992 Constitution.
Article 68 (2) states that the president shall not, on leaving office as president, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the state.
However, the apex court ruled that the application was defective.
Aisha Huang Jailed For Mining Offences
In December 2023, Chinese ‘galamsey queen’ En Huang, popularly known as Aisha Huang, was found guilty of mining-related offences.
She was convicted and sentenced to four years and six months in prison.
Additionally, she was fined GH¢48,000 and will be deported after serving her jail term.
Aisha Huang was hauled before the Accra High Court following her return to Ghana and alleged involvement in illegal mining operations (galamsey).
There were four charges against her— entering the country illegally while prohibited from entry, undertaking a mining operation without a license, facilitating the participation of persons engaged in a mining operation, and illegally employing foreigners.
She pleaded not guilty to three charges, except entering the country illegally. She has since been convicted on the said charge, with sentencing deferred until the end of the trial.
After the prosecution and the defence officially ended their case on October 12, the court set Monday, December 4, 2023, for judgment.
The court, presided over by Justice Lydia Osei-Marfo, said the prosecution had proven beyond reasonable doubt that Aisha committed the offence.
Kan Dapaah Vrs. Barker-Vormawor
Although the #FixTheCountry campaigner Oliver Mawuse Barker-Vormawor had seen the interior of the courtroom countless times, this time, he was on a different adventure.
The Minister for National Security, Mr Albert Kan Dapaah, had on September 26 2024, filed a defamation suit against Barker-Vormawor.
Among others, he sought a sum of GH¢10 million as general damages, including aggravated costs.
The suit followed allegations by the youth activist that the minister, Finance Minister Ken Ofori-Atta, and a Brigadier General had met with him in 2021 and offered him $1 million to cease his activism.
Barker-Vormawor made these allegations shortly after he and others were released by the police following their arrest on September 22 for staging a demonstration in Accra.
The #FixTheCountry Convenor through his lawyers, filed an application which sought to dismiss the GH¢10 million defamation suit, however, the application was thrown out by the court.
In a ruling on Thursday, December 14, 2023, the High Court in Accra, presided over by Justice Joseph Adu Agyemang, held that the application was wrong based on the procedure and, hence, had no merit.
Barker-Vormawor was slapped with a cost of GH¢3,000.