A Tema-based scrap dealer, Alhaji Awudu Salifu, and three others, have been dragged to the Tema High Court for dishonestly receiving 222 drums of lube oil and other items, all valued at GH¢313,588.21.
The three other defendants, all businessmen, are Bright Yalley, alias Nana of Awudom, Tema New Town; Kwadwo Oppong of Buokrom Estate in Kumasi and Musah Kamat of Dichemso, also in Kumasi.
The defendants, who were convicted on their own plea for dishonestly receiving the items, were also ordered by the Ashaiman Circuit Court, presided over by Mr Seyram Yao Azumah, to pay a total of US$176,887.27 and GH¢22,808.25 to Panofi Company Limited, the owner of the items.
The defendants had, until the date the High Court action was initiated, failed to pay the amount, notwithstanding the express order of the circuit court which had heard the case in 2012.
Panofi Company Limited, therefore, had no alternative but to resort to a civil action at the High Court to retrieve the money.
Statement of claim
According to a statement of claim filed in support of the writ, Panofi Company Limited in 2012 imported quantities of lube oil to facilitate its operations.
It said the lubricants, in addition to some spare parts for the company's operational vessels, as well as a crank shaft and a skiff boat propeller, were deposited at the Ghana Textiles Manufacturing Company’s bonded warehouse at the Tema Heavy Industrial Area.
According to the statement, a supervisor of the company had, on February 13, 2012, detected that 222 drums of the lube oil, the crank shaft, boat propeller and the Central Processing Unit (CPU) of a close circuit television (CCTV) camera which were in the warehouse were missing.
Criminal investigations
Following the detection of the theft, the plaintiff, it said, lodged a complaint with the police, who instituted a criminal investigation into the incident.
During investigations, a video footage on the CCTV camera revealed that vehicles, with registration numbers AS 7619 E, WR 742 S, GR 2457 C and AS 1887 D, had been used to convey the drums from the premises.
It said a security man by name Godfred who was on duty on the day of the incident had been conspicuously missing at post at the time of the incident.
According to the statement, an informant later led the police to retrieve 61 drums of the lube oil from Kwadwo Oppong in Kumasi after frantic investigations.
Upon interrogation, it was established that Oppong had bought the items from Kamat for GH¢550 per drum, below the open market price.
Kamat, on the other hand, told the police that he took possession of the items from Godfred and one Akwasi, both at large.
According to the statement, the defendants were subsequently arrested and arraigned before the Circuit Court at Ashaiman, together with others now at large, on charges of stealing and dishonestly receiving.
It said on February 18, 2013, the defendants changed their initial plea of ‘not guilty’ to ‘guilty’ of the charges for which they were arraigned and were convicted and sentenced to a fine of 150 penalty units or in default 48 months’ imprisonment with hard labour.
In addition, it said, the defendants were ordered to pay the plaintiff the value of 136 drums of lube oil, since the police had been able to retrieve 86 drums from them.
It said to date the defendants had not paid anything to the plaintiff, notwithstanding the express order of the Circuit Court, as well as repeated demands on the defendants by the plaintiff.
The statement said the cost of the 136 drums of lube oil was $94,388 or its cedi equivalent and the ocean freight on the said drums cost $13,400.
“Further, the cost of the crank shaft is $1,632.08. The cost of the Skiff Boat propeller is USD$21,250 and the ocean freight cost is USD$2,975. The total cost of transporting the said goods from the Port of Tema to the said warehouse was GH¢2,280 and the total duty paid to the Customs Division of the Ghana Revenue Authority on the said items was GH¢17,178.25,” it added.
According to the statement, in addition, the plaintiff had incurred other expenses, such as the hiring of a truck to cart back to the warehouse the drums of lube oil retrieved at a cost of GH¢2,000 and paid GH¢1,350 to retrieve data on the CCTV of the warehouse owner.
It said the defendants had not evinced any conduct to settle the said debt unless ordered by the court.
