The High Court in Accra has sentenced Osabarima Twiampomah III, the chief of Banka in the Asante Akyem District of the Ashanti Region, to prison for embezzling $150,000 designated for community development.

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On July 23, 2024, the court, led by Justice Comfort K. Tasiame, found the chief guilty of theft.

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He was sentenced to three months in prison and fined 2,000 penalty units, which amounts to GH¢24,000. Failure to pay the fine will result in an additional five-year prison term.

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The chief was charged after he allegedly misappropriated $150,000 provided by Gulf Coast Resources Company Ltd for corporate social responsibility projects in the community.

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Case Background

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On July 21, 2023, Osabarima Twiampomah III was charged with theft under section 124 of the Criminal Offences Act, 1960 (Act 29). He pleaded not guilty.

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State Attorney Watkins Adamah presented evidence through three witnesses. After closing arguments on December 19, 2023, the chief requested a dismissal of the case, which was denied on February 20, 2024. The court found sufficient evidence for the case to proceed.

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The trial ended on May 7, 2024, after the accused's testimony and the appearance of Prof. Kwame Gyan Esq. as his witness.

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Details of the Case

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According to the prosecution, Nana Yeboah, acting on behalf of the Banka community, accused Chief Osabarima Twiampomah III of theft.

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In 2000, Gulf Coast Resources Company Ltd received a ten-year mining lease from the Minerals Commission to operate on Banka lands. When the lease expired in 2010, the company sought renewal.

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The community, led by the chief, opposed this renewal. In June 2010, the chief submitted a petition to the Minister of Lands, Forestry, and Natural Resources, citing the company's failure to meet its social obligations over the past decade.

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In response, the company offered $150,000 to the community for development in exchange for withdrawing the petition.

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The chief and the community accepted the offer and withdrew their petition in January 2011.

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“This said letter was also authored by the accused on behalf of the people of Banka.

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“Consequently, the mining lease of the company was renewed for another ten years beginning in 2011.

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“Upon renewal of their lease, the Gulf Coast Resources Company Ltd also transferred their rights to another mining company, called Banka Gold Ltd,” the prosecution told the court.

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The prosecution revealed that Gulf Coast Resources Company Ltd transferred $150,000 to Chief Osabarima Twiampomah III as part of a promise to support the Banka community.

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This payment was made with the understanding that the funds were meant for community development, not personal use.

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“The Managing Director of the Gulf Coast Resources Company Ltd, Mr. Ebenezer Baah Asare-Quansah, told the police that the payment of the said amount to the accused as the Chief of Banka was for the Banka community and not for the accused personally.

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“The accused acknowledged receipt thereof per a receipt dated June 2011, which was personally signed by him.

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“The contents of the receipt indicate that the amount was paid to the accused on behalf of the elders and people of Banka.

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“The accused, however, failed to inform the people of Banka that he had received the money,” the prosecution stated.

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“He also failed to release the money to the people of Banka for the intended developmental needs.

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“The people of Banka, however, got wind that the money had been paid to the accused. They waited for a long time, but the accused did not tell them anything.

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“Consequently, the elders of Banka approached him on several occasions, but the accused told them that the money had not been paid to him.

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“Not satisfied, the elders reported the matter to the police, and the accused was arrested,” the prosecution stated.

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The Managing Director of the company, Mr. Ebenezer Baah Asare-Quansah, informed the police that the payment was intended for the Banka community, not the chief personally.

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In June 2011, Chief Twiampomah III received and signed a receipt acknowledging the payment. The receipt explicitly stated that the funds were given to him on behalf of the elders and people of Banka.

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However, the chief did not inform the community about the receipt of the money or distribute it for the intended development. The Banka residents became aware of the payment and waited for an update from the chief, but received no communication.

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The elders of Banka repeatedly approached the chief, who falsely claimed that he had not received the funds. Frustrated, they eventually reported the matter to the police, leading to the chief's arrest.

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During interrogation, the chief admitted receiving the money but claimed it was intended for his personal use rather than for the community.

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He asserted that he had used the funds to cover his legal expenses related to the Gulf Coast Resources Company Ltd dispute.

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“But he said that the money was paid to him personally for his personal use and not for the Banka community and that he had used the money to defray his legal expenses, which he incurred while pursuing the matter with Gulf Coast Resources Company Ltd.”

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