…..As Human Right Court Quashes Case?Brought?Against Him
The Chief Executive Officer of UT Bank, Mr Kofi Amoabeng, who was sued over some alleged property fraud by one Nana Otua Swayne, has finally been vindicated of all the charges brought against him in court.
The Human Rights Division of the High Court on Monday October 20, 2014, by an order of certiorari, 2014 quashed proceedings filed by Naa Otuo Swayne at the Circuit Court in Accra against Mr Prince Kofi Amoabeng and one other as unlawful, illegal and an infringement of their fundamental human rights.
The Human Rights Division of the High Court presided over by Justice Kofi Essel Mensah also in judgement, prohibited the Circuit Court from hearing the said criminal case.
The decision of the Court followed an application filed by Mr Prince Amoabeng praying the court to declare that his trial before the Accra Circuit Court is an infringement of his human rights and requested the court to restrain the Respondents from hearing and determining the suit by Nana Otua Swayne.
This was upheld, as in his ruling, Justice Kofi Essel Mensah stated that from the Affidavit filed, the Applicant’s complaint was a violation of his rights to fair trial, personal liberties, and his dignity. He said, from the totality of the evidence before him, he finds that the complaint lodged by 1st respondent (Nana Otua) against Mr Amoabeng and his alleged abettor cannot be criminal in law to warrant his prosecution on a charge of fraud, because there is no finding of fraudulent intent on his part.
The Judge also stated that the charges brought against Mr Amoabeng and his abettor are baseless and unjustified in law and described it as a charge brought in bad faith. A criminal charge which is not supported by evidence in unfair, wrongful and brought in bad faith to harass and embarrass the accused person.
It could be recall that, somewhere in January 2013, Naa Otua Swayne filed a case against Mr. Prince Kofi Amoabeng accusing him of ?fraudulently acquiring ?her property through the release of the title deed of the said property to one Mr. Alexander Adjei (now deceased) to secure a loan from HFC Bank.
Naa Otua, in October 2005 decided to sell her house at Number 23 Ringway Estate in Accra and entered into a sale purchase agreement with the late Alexander Adjei where the payment price was to be made in installment.
The term of the agreement was that the property should pass to the purchaser on actual completion when the purchase price was paid. Consequently upon that UT Financial Services released the tile deed to the Purchaser upon payment of the full purchase price agreed.
However, In her statement of claims the plaintiff, Naa Otua Swayne, claimed that after negotiations it was agreed that the selling price was 280,000 US Dollars, payable in three installments of 100,000 in October, November and December respectively.’
She also claimed in her writ that?it was agreed upon that title to the property would only pass after completion of the payment of the purchase price.
She however, indicated that, her lawyers advised her that since she (Owusuaa) was relocating to the United Kingdom and the purchase price was not going to be paid in full, he (UT boss) was ready to advance a loan of Gh?25,000 with reduced interest rate of 6 percent so that when the November installment payment comes it will be deducted at source.
Nana Otua also indicated in her writ, by claiming that, ?furtherance of the loan, Mr. Amoabeng collected the indenture as collateral but failed to provide the loan as promised.
She also claimed that, on October 14, 2005, UT boss sent the indenture and Deed of Assignment to the Lands Commission and registered the property in the name of the late Alexander Adjei, averring that?on the same day, the UT boss mortgaged the said property to Mr. Asare Akuffo for a facility and on the same day the plaintiff was given the first installment of 100,000 US Dollars.
Naa Otua also claimed in her statement that, no payment was made.
The victim also alleged that Mr. Amoabeng used her property to secure an unknown facility from HFC which said money he had used extensively all these years.
Naa Otua Sawyne, in her writ was seeking a relief of recovery of possession of her house, H/no. 23 Ringway Estate Osu from Mr. Amoabeng, recovery of her indenture from him and award of general damages for the wrongful and unlawful use of the her indenture for monetary gain.
Meanwhile, Justice Kofi Essel Mensah, in his October 20, 2014 ruling stated that there was incontrovertible evidence to show that the full payment in the transaction was made to Naa Otua Swayne, with the first respondent (Naa Swayne) acknowledging final receipt of payment. t the time of lodging her complaint, she had long ceased to be owner of the property and therefore did not have any lawful claim to the property, to be defrauded of it.
Mr. Amoabeng expressed satisfaction at the ruling and maintains confidence in the Judicial process which finally vindicated him.