The Human Rights Division of Accra High Court has quashed the proceedings at the Circuit Court filed by Nana Otua Swayne against Mr Prince Kofi Amoabeng, Chief Executive Officer of UT Bank and one other.
Addressing a news conference in Accra on Wednesday, Mr Amoabeng said, the Court presided over by Justice Kofi Essel Mensah described the proceedings against him at the Accra Circuit Court as unlawful, illegal and an infringement of his fundamental human rights.
He said it has therefore prohibited the Circuit Court from hearing the said criminal case.
The dismissal of the case by the Court followed an application filed by Mr Amoabeng who prayed the Court to declare that, his trial before the Accra Circuit Court was an infringement of his human rights and therefore requested it to restrain the respondents from hearing and determining the suit by Nana Otua Swayne.
A copy of the ruling which was pronounced on Monday 20, October 2014, and presented to the media revealed that, from the totality of the evidence before the Court, it discovered that the complaint lodged by the first respondent (Nana Otua) against Mr Amoabeng and his alleged accomplice cannot be criminal in law to warrant his prosecution on a charge of fraud, because there is no finding of fraudulent intent against him.
It stated that the charges brought against Mr Amoabeng and his accomplice was baseless and unjustified in law, saying that they were brought in bad faith.
It said, a criminal charge which was not supported by evidence was unfair, unjust, wrongful and meant to harass and embarrass the accused person.
Nana Otua Swayne filed a case against Mr Amoabeng alleging a fraudulent acquisition of her property through the release of the title deed of the said property to one Mr Alexander Adjei (now deceased) to secure a loan from HFC Bank.
The Human Rights Court however stated that there was incontrovertible evidence to show that full payment in the transaction was made to Nana Swayne which she acknowledged final receipt of payment.
The court said, at the time of lodging the complaint, she had long ceased to be owner of the property in question and therefore did not have any lawful claim to be defrauded.
Mr Amoabeng expressed satisfaction that the Court had vindicated him with regards to the criminal charges levelled against him.
He said even though the media carried the story in a manner that affected his reputation, the judgment of the Court has defeated such publications.
“I maintained my confidence in the judicial process and I am determined to put this matter behind and focus on delivering leadership that will continually positions UT Bank as a strategic financial partner contributing to national development”.
“In line with the values of UT Bank, I will continue to be guided in all my activities by our values of integrity and respect and I will continue to treat our customers fairly, honestly and with respect,” he said.
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