"Court Drops Charges Against Activists in BOST $3 Million Fraud Protests

The Achimota District Court has acquitted Yahaya Alhassan, the President of the Ghana Social Justice Forum and a well-known journalist, who faced accusations following protests over a $3 million fraud issue involving the Bulk Oil Storage and Transportation Company Limited. This high-profile case had caught public attention, with the protests focusing on the alleged misappropriation of funds by BOST executives.

Alhassan, alongside two others, was detained by the police, who argued that their actions during the protest had disturbed public peace. The charges against them included conspiracy to commit a public disturbance and abetment of the offense. However, after months of delays in the legal process, the prosecution failed to take any further action, leading the court, presided over by Magistrate Prince Osei Owusu, to acquit the defendants.

On multiple occasions, the prosecution team failed to present their case, missing critical court sessions and prompting defense lawyer Godwin Edudzi Tameklo to file a motion to dismiss the charges. Tameklo argued that the absence of a scheduled trial date and the continued inaction by the prosecution constituted an infringement on his clients' rights. His request to erase the charge sheet highlighted the lack of substantial evidence and the failure of the prosecution to fulfill its legal obligations. Ultimately, Magistrate Osei Owusu, who had previously warned the prosecution about the consequences of failing to provide witnesses, made the decision to dismiss the charges.

The roots of this controversy stemmed from the Auditor-General's 2021 report, which uncovered allegations against BOST. The report accused the company’s board chairman of establishing competing entities to vie for BOST’s contracts, resulting in a $3 million loss. This revelation spurred Alhassan, a long-time activist for transparency and social justice, to initiate a protest demanding accountability.

However, on the day of the protest, Alhassan and his associates were detained by the police for failing to notify authorities, a requirement under Act 491 of the Public Order Act, 1994. The Public Order Act mandates that organizers of any public assembly notify the police to ensure adequate arrangements are made for maintaining peace and order. The police argued that Alhassan's failure to adhere to this law disrupted the protocol, hence justifying the charges against him.

The individuals charged included Alhassan, Ali Shaku, and Osman Salia. Both Shaku and Salia faced additional abetment charges, but all three individuals denied any involvement in activities that would disrupt public peace. Their attorney contended that the demonstration was peaceful and intended solely to raise awareness of financial improprieties at BOST.

According to court documents, the Facility Manager of BOST, Emmanuel Darko, had lodged the initial complaint, stating that on November 22, 2022, the accused entered the BOST premises in Dzowulu, where they demanded a meeting with the Director of BOT, Mr. Edwin Alfred Provencal. Upon being informed of his unavailability, Alhassan reportedly expressed frustration, unfurling a banner emblazoned with "The New Ghana Social Justice Forum." He proceeded to chant slogans, including, "High fuel prices mean Ghana can't drive; Edwin Alfred Provencal, MD of BOST, disclose the $3 million fraud."

The banner attracted the attention of employees and visitors alike, with one of Alhassan’s associates, Salia, capturing the scene on video, while Shaku rallied support in Hausa. The actions of Alhassan and his group drew further scrutiny as they called for accountability from BOST leadership, positioning them as outspoken critics against corruption within the organization.

Ultimately, the court’s decision to acquit Alhassan and his associates underscored a lack of prosecutorial follow-through and evidence in the case. This acquittal marks a significant win for activists challenging issues of accountability within Ghana's state-owned enterprises, highlighting the judicial system’s role in upholding rights to protest and seek accountability in cases of alleged mismanagement.