The Concerned Citizens of Ghana has called on the government to urgently intervene in the coordinated attack on Jonah Capital, a Ghanaian company owned by businessman Sam Esson Jonah, and others in Abuja, Nigeria.
The Convener of the group, James Clark, at a press conference addressed in Accra yesterday, alleged that Jonah Capital was invaded on the authority of the Nigerian Minister of the Federal Capital Territory, Nyesom Wike, following a purported revocation of its Development Lease Agreement.
“Armed policemen said to be attached to the Counter-Terrorism Unit of the Nigeria Police Force took part in an operation at the company's Gallery Clubhouse during which part of the facility's entrance was excavated,” he said, citing media reports.
He said while the group was not seeking to shield any Ghanaian from accountability, it was demanding respect for the rights of Ghanaians abroad.
Mr Clark also called on the Nigerian authorities to halt all enforcement actions at River Park Estate, secure the safety of Ghanaians connected with the estate, and allow the existing arbitration and court processes to run their course.
Background
Mr Clark recalled that in June last year, the group petitioned the Nigerian High Commissioner to Ghana over efforts by the then Inspector-General of Police, Kayode Egbetokun, to charge the owners of Jonah Capital with forgery and related offences in Charge No. CR/402/25.
He said the Attorney-General of the Federation of Nigeria later reviewed the case and, in a letter dated December 30, last year, found that no prima facie case was established against “Mr Samuel Esson Jonah, Mr Kojo Ansah Mensah, Mr Victor Quainoo and Mr Abu Arome”.
The Attorney-General also affirmed that the Police’s Special Investigation Panel report of March 28, last year, was valid, comprehensive and unbiased.
“The findings of the IGP Monitoring Unit were, in the Attorney-General's words, highly misleading --- disregarding the burden and standard of proof necessary to establish criminal liability, and inappropriately attempting to characterise a commercial disagreement over ownership, shareholding and contract as a criminal matter, contrary to Section 8(2) of Nigeria's Administration of Criminal Justice Act, 2015.
“The Police's public declaration of other private individuals as the 'owners and 'managers of River Park Estate, without any judicial determination, was inappropriate and in excess of the lawful authority of the Police, who possess no jurisdiction to determine land ownership or adjudicate alleged breaches of contract; and directed the Police to investigate allegations of destruction of property and assault at River Park Estate,” he stated.
Consequently, he said the High Court of the Federal Capital Territory struck out the charges on January 20 this year.
“It is therefore deeply worrying that this same company, Jonah Capital, and its flagship investment, River Park Estate, are now under renewed attack from a different arm of the same government — this time led by the FCT Minister,” Mr Clark added.
The group said that while the lease agreement was currently the subject of international arbitration, the use of armed men and bulldozers undermined due process.
Mr Clark also cited previous actions against the company, including alleged unilateral alterations of shareholding at Nigeria’s Corporate Affairs Commission and the detention of an executive by the Economic and Financial Crimes Commission (EFCC) over claims the Attorney-General had since dismissed.
He contrasted the treatment with how Ghana handled Nigerian investments, stressing that when a private developer demolished part of the Nigerian High Commission in Accra in June 2020, the perpetrator was arrested and the government reconstructed the building.
Mr Clark added that the attack undermined the tenets of regional integration that the ECOWAS was seeking to advance.
“The free movement of people, the right of establishment, and the protection of citizens' investments across borders. If the flagship Ghanaian investment in Nigeria can be treated this way while legal processes are pending, what confidence can any African entrepreneur have in investing across a border in this sub-region?” he asked.
