The District Court at Achimota has discharged Yahaya Alhassan, President of the Ghana Social Justice Forum and a journalist, after striking out charges against him related to his protest over the alleged $3 million scandal at Bulk Oil Storage and Transportation Company Limited (BOST).
Alhassan was arrested, along with two others, by the police and charged with offenses including offensive conduct conducive to a breach of peace.
The prosecution’s failure to call witnesses despite several opportunities given by the Magistrate, His Worship Prince Osei Owusu, influenced the court’s decision.
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.
According 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, both porters, 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).
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 in Mamobi, while Ali Shaku (second accused) and Osman Salia (third accused) are porters living in Mallam Atta.
The prosecution stated that on November 22, 2022, the accused persons drove into the premises of 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.
The complainant attempted to calm them down, but Alhassan became infuriated, insulting him and saying, “Go away, you are all thieves; you will be exposed one way or another.”
A police patrol team was called, and the accused persons were arrested and taken to the Kotobabi Police Station.
During the investigation, it was revealed that Alhassan, as the leader of the group, had not notified the police of his intention to hold the demonstration.
