Accused person in protest over alleged $3m BOST scandal discharged

The Achimota District Court has discharged the President of the Ghana Social Justice Forum and a journalist, Yahaya Alhassan, after striking out charges against him related to his protest over the alleged $3 million scandal at the Bulk Oil Storage and Transportation Company Limited (BOST).

Alhassan was arrested, along with two others, by the police and charged with offences including offensive conduct conducive to a breach of peace.

However, the court, presided over by Prince Osei Owusu, struck out the case and discharged the accused for want of prosecution, following the failure of the prosecution to prosecute the case.

Strike out

When the case was called, the prosecution did not appear, prompting the accused’s counsel, Godwin Edudzi Tameklo, to request that the charge sheet be struck out for want of prosecution.

The magistrate, who had previously warned in August that failure to call witnesses would result in the case being struck out, did indeed strike out the charge sheet and discharged the accused persons due to the prosecution’s inaction.

Auditor -General’s report 

 to the Auditor-General’s 2021 report, irregularities at BOST were uncovered, including allegations that the BOST board chairman created three companies to compete for BOST contracts, leading to scandals amounting to $3 million.

The accused persons were arrested for failing to alert the police about their intended demonstration. Alhassan pleaded not guilty to the charge of failing to notify the police of a special event contrary to Section 1 of the Public Order Act, 1994 (Act 491) when he led a demonstration at BOST’s Dworwulu premises without prior notice.

Alhassan, along with Ali Shaku and Osman Salia, faced charges including conspiracy. Shaku and Salia also faced additional charges of abetment. They all denied the charge of offensive conduct conducive to a breach of peace contrary to Section 207 of the Criminal Offences Act, 1960 (Act 29).

Brief Facts:

According to the brief facts presented to the court by the prosecution, the complainant, Mr Emmanuel Darko is the Facility Manager of BOST Company, Dzowulu. Yahaya Alhassan, the first accused, is a journalist residing at Mamobi, while Ali Shaku (second accused) and Osman Salia (third accused) are porters living at Mallam Atta.

The prosecution stated that on November 22, 2022, the accused persons drove into the premises of the BOST Company and requested to see the Director of BOST, Mr Edwin Alfred Provencal.

When informed that he was unavailable, they began making noise. Alhassan shouted and displayed a banner with the caption “The New Ghana Social Justice Forum” and the inscription “High Fuel Prices mean Ghana Can’t Drive; Edwin Alfred Provencal, MD of BOST, Come Clean for the $3M Fraud and Loot Shared at the Expense of the Mass Unemployed

Youth and Kayaye Girls.”

Shaku allegedly shouted in Hausa, while Salia filmed the scene with a camera. Their actions attracted workers and outsiders to the premises.