The Circuit Court 9 in Accra has withdrawn the bench warrant issued for the arrest of a military officer named in a GH¢136,000 recruitment scam.
This is after Captain Abel Nartey, who is stationed at Army Headquarters, Burma Camp, was produced in court by the Ghana Armed Forces on Tuesday, July 9, 2024.
He is alleged to have collected GH¢120,000 out of the GH¢136,000 together with another person to facilitate the enlistment of some 22 individuals into various security services in the country.
High-ranking officers of the Ghana Armed Forces produced the accused person in court on Tuesday, after their attention was drawn via social media and media publications.
However, the military denied the prosecution’s claims that they had refused to produce the accused to the police to face the law despite several efforts.
Counsel for Captain Nartey, Dr. Jamal Tonzua, said his client’s appearance in court was a clear testament that he is ready to stand trial.
Captain Abel Nartey, who is standing trial with Clement Ayomah, another military officer, pleaded not guilty to two counts of conspiracy to commit a crime, specifically defrauding by false pretenses, and defrauding by false pretenses.
The Court, presided over by Samuel Bright Acquah, admitted him to self-recognizance bail and the case has been adjourned to July 18.
The court also directed Captain Nartey to make himself available to the police for investigation.
Counsel argued that the Ghana Armed Forces is interested in matters of this nature and, as a disciplined institution, does not condone or connive with crime and at all times will collaborate with state institutions, especially the criminal justice system, like the police and the court, to ensure that crime is duly investigated and offenders punished.
In his submissions to the court to rescind the bench warrant for his client, Dr. Jamal Tonzua said that his client, who is the second accused, was present in court, which justified the effect of the bench warrant.
“This court issued a bench warrant for the arrest of the second accused (Captain Abel Nartey), and the purpose was for him to come and stand trial, which he has done this morning (Tuesday, July 9).
“My lord, I would plead with the court to rescind the bench warrant because, the purpose for which it was issued has been served,” Dr. Tonzua prayed to the court.
He added: “We also want to put on record that the second accused (Captain Nartey) was not evasive with police investigators and is ready to stand trial.”
Military delegation
Counsel in his submission for the bench warrant to be rescinded added, “I also want to put on record that the Army Commander at Army Headquarters has detailed the Director of the Legal Department of the Army, Col. Felix Korbieh, to accompany the second accused (Captain Nartey) to ensure that he complied with the laws.”
He further submitted that the officers who Captain Nartey works with, were also detailed to accompany him to the court to ensure that he complied with the laws as required.
To buttress his point, Dr. Tonzua added, “Military Police personnel have also been detailed to escort the second accused (Captain Nartey) to court to ensure he complied with what the law requires.
Counsel asserted that his client is available in court to fully cooperate with the police and subject himself to the court throughout this trial.
“The circumstances of this morning also point to the fact that the second accused (Captain Nartey) is not a flight risk because he is under the watchful eyes of the military.”
“He has been led to this honorable court by elite senior officers who are men and women of substance and will ensure that at all times he makes himself available to stand trial.”
He submitted that his client was available to subject himself to the processes to continue and to assist the police with their investigation processes of the matter.
Counsel prayed the court to rescind the bench warrant because its purpose had been served.
Prosecution
Chief Inspector Wisdom Alorwu, the prosecutor in the matter, said, “The military has done the needful, and we are not opposed to the request for the bench warrant to be rescinded.”
“It is our prayer that the accused be made to report to the Regional Criminal Investigation Department Headquarters for investigation to continue,” he prayed.
Brief facts
Chief Inspector Wisdom Alorwu told the court that the complainant, Amoako Ofori George is a trader who resides at Darkuman.
He said the first accused person, Clement Ayoma is a military officer, stationed at the Army Headquarters Burma Camp, Accra, while Captain Abel Nartey is stationed at the Training and doctrine command, Teshie.
He said the first accused has pleaded not guilty to two charges of Conspiracy and Defrauding by false pretence while all attempt to get Captain Abel Nartey have failed.
In the year 2021, the complainant was introduced to officer Clement by one Vivian as a military officer who have slots in the military to interested persons who wanted to join the force.
The complaint expressed interest and contacted Clement Ayoma who told him he and Captain Nartey have many protocols in the security service.
Clement Ayoma collected a total sum of Gh¢136,000 from the complainant and gave Gh¢120,000 to Captain Abel to enlist twelve (12) people into the Ghana Armed forces, seven (7) into the Ghana Police Service three (3) into the Ghana Immigration Service as Ayoma pocketed the remaining Gh¢36,000.
The accused persons failed their promise and started playing hide and seek with the complainant.
The prosecutor stated that in the month of March 2023, a report was made to the police and Ayoma was arrested, several invites by the Regional CID office, Accra for Captain to assist in investigation have failed.
A wireless message was also sent to the military police and the Army Headquarters for his production has also failed as they did not produce him.
The first accused Person (Ayoma) in his caution statement, admitted having collected the said amount from the complainant and mentioned that, some of the money was given to the captain who is at large.
Ayoma has since refunded Gh¢ 40,000.
