Brouhaha over Collins Dauda’s travel outside jurisdiction of High court

Collins Dauda, Member of Parliament (MP) for Asutifi South in the Ahafo Region and former minister for Works and Housing, has travelled outside the jurisdiction without court approval.

Meanwhile, the MP, together with three others, are before an Accra High Court for their alleged involvement in the $200 million Saglemi Housing project deal.

The court has passports of the former Minister’s and others – Dr Kweku Agyeman Mensah, also a former minister for  Works and Housing, Alhaji Ziblim Yakubo, a former Chief Director of the same ministry,  and Novi Tetteh Angelo, the Chief executive officer and owner of Ridge Management solutions Ghana limited, in its possession, as part of the accused persons bail conditions.

Thaddeus Sorry, lead Counsel for Mr. Dauda, informed the court, presided over by Justice Dr. Ernest Owusu-Dapaa, a Court of Appeal judge, sitting as an additional High Court judge, that his client was absent because he received an emergency invitation to South Africa to attend a Pan- African conference from November 20 to 24, 2023.

Law Courts Complex, Accra

He, therefore, added that his absence from the court was not deliberate. This led the Director of Public Prosecutions (DPP), Yvonne Attakora Obuobisa, to inquire how Mr. Dauda, first accused (A1), was able to travel, whereas his passport was with the court.

She said, “I don’t know how he travelled without the passport. I thought he is an accused and anytime he was to travel, he should alert us (parties) and the court.”

Mrs. Attakora added that it was not for nothing that the court added as part of the bail conditions, that the court would be notified in such circumstances, particularly when there are Saturday court sittings and they could have brought an application.

The court was informed that the application to that effect was filed on Friday, November 17, to release A1’s passport on the same day.

The court equally said there was a fundamental issue with the submission of Counsel, asking the same question as that of the DPP, “how did he (Collins) travel without his passport.”

Mr. Sory responded that they initially filed an application praying the court for the release of A1’s passport and for leave, to enable him travel outside from the Republic of Ghana to attend to parliamentary duties from 20 to 24 November.

The notice to travel came to A1 impromptu and, therefore, instructed his Counsel to make the application, but apparently, the travel arrangements had been made and he was required to leave the country before the hearing of the application.

He assured the court that the accused is a law abiding citizen, he will be participating in proceedings, after attending to his parliamentary duties.

Mr. Sorry added that Mr. Dauda has directed his legal team to apologise to the court and the prosecution on his behalf.

The Counsel withdrew the application for the release of his client’s passport and it was struck out by the court as withdrawn.

The court was further informed that A1 had filed another application but prosecution said they had not seen it, even though there was a proof of service.

His Lordship has adjourned the hearing of the application to November 27.

Death of A4 wouldn’t affect case

The state was initially prosecuting five people, but the fourth accused (A4), Andrew Clocanas, Executive Chairman of Construtora OAS Ghana Limited, was reported dead, in his Airport apartment last month.

This, the Deputy Minister for Justice, Alfred Tuah Yeboah, in an interview with court correspondents, said A4’s death would not affect the merit of the case in any way and the deceased’s name would be expunged from the records of the court.

Charges 

Alhaji Collins Dauda and three others are facing 70 charges of wilfully causing financial loss to the state, issuing false certificate contrary to Sections 1 and 2 of the Government Contracts (Protection) Act, 1979, AFRCD 58 and dishonestly causing loss to public property contrary to Section 2 (1) of the Public Protection Act 1977 (SMCD) 140 and intentionally misapplying public property.

Prosecution opens its case

Testifying as prosecution first witness (PW1), Rev. Stephen Yaw Osei, Acting Chief Director of the Ministry of Works and Housing said he had worked with the ministry since August 2003.

He also said he knows Collins Dauda and Kweku Agyeman Mensah, who were his sector ministers at one point in time, as well as Alhaji Ziblim Yakubu, a former Chief Director.

The witness tendered in a number of exhibits.

The witness was also expected to read his written witness statement yesterday, which would be followed by cross-examination.

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