The National Democratic Congress (NDC) Member of Parliament (MP), who was charged by the Attorney General’s Department after allegedly defrauding a private company of $2.4 million, has been summoned to appear in court.
A hearing notice sighted by this portal on Friday indicated that the accused MP, David Vondee, representing Twifo Atti Morkwa in the Central Region, is expected to enter the dock at a high court in Accra on Tuesday, May 25.
Sources say the criminal summons was issued on Thursday, May 20, and the MP has been served.
He is expected in court on the same day that Parliament is reconvening, with the vetting of deputy ministers-designate high on the agenda of the House.
Particulars of Offence
According to the particulars of offence, the MP allegedly collected the $2.4 million between August 2015 and July 2016 when his NDC party was in power, under the guise of selling a tract of land to a private company called REI Ghana Limited.
Per the facts of the case, Mr. Vondee reportedly presented himself as a Chief Executive Officer of another private company called Klenam Construction Ltd during the transaction and sold the land located at Frafraha in the Adentan Municipality in the Greater Accra Region to the company.
However, investigation showed later that Mr. Vondee gave the company lands that did not belong to him and also did not return the huge cash he collected from the company when the company demanded their money back.
He has been charged with two counts of defrauding by false pretence contrary to Section 131 (1) of the Criminal Offences Act, 1960, (Act 29) and money laundering contrary to Section 1(2) (c) of the Anti-Money Laundering Act, Act 2020 (Act 1044).
Case Details
The particulars of offence signed by Vivian K. Osei Tutu, Senior State Attorney on behalf of the Attorney General Godfred Yeboah Dame, said “David Vondee, between August 2015 and July 2016 in Accra in the Greater Accra Region, with intent to defraud obtained the consent of personnel of Africa REI Ltd to part with the sum of two million, four hundred thousand US dollars ($2,400,000) by representing to them that your company owned twenty (20) acres of land located at Frafraha in the Adentan Municipality, free and clear of all encumbrances and that your company had title to sell the land to them, a representation you knew to be false at the time of making it.”
On the money laundering charge, the indictment document said “David Vondee, between August 2015 and July 2016 in Accra in the Greater Accra Region, took possession of the sum of two million, four hundred thousand US dollars ($2,400,000) knowing it to be proceeds of crime.”
Known Facts
According to the AG’s Department, the complainant called Kojo Ansah Mensah “is the Director of Africa REI Ghana Limited, while the accused David Vondee is the Chief Executive Officer and owner of Klenam Construction Limited.”
“In August 2015, the complainant, on behalf of his company, entered into a purchase agreement with Klenam Construction Ltd represented by the accused who is the CEO and owner of the company for twenty (20) acres of land situated at Frafraha in the Adentan Municipality at a cost of two million, four hundred thousand US dollars ($2 400,000 00).
“This was after the accused who represented Klenam Construction Ltd at all material times made representations to officials of Africa REI Ghana Ltd that his company owned the twenty (20) acres of land, free and clear of any encumbrances and that the company had title to sell the land to Africa REI Ghana Ltd,” the document said, adding “based on these representations, African REI Ltd paid a total amount of two million, four hundred thousand US dollars ($2,400,000 00) to the accused between August 2015 and July 2016.”
Original Grantors
The AG’s Department said investigations however revealed that “these representations were false and that Klenam Construction Ltd had no title to the said land,” adding “investigations revealed that on May 28, 2015, the accused, through his company Klenam Construction Ltd, sought to purchase about eighty acres of land from his grantors at a total cost of nine million, six hundred thousand Ghana Cedis (GH¢9,600,000 00).”
“The terms of the agreement required the accused to make an initial payment of one million, six hundred thousand Ghana Cedis (GH¢1,600,000 00) to the grantors and to subsequently pay an amount of one million Ghana Cedis (GH¢1,000,000 00) every three (3) months till the agreed purchase price was fully paid,” the document said, adding “other terms of the agreement provided that the accused’s company shall be entitled to only a portion of land commensurate to the amount of money they had paid at the time should the company fail to pay the full purchase price at the agreed period.”
False Indenture
The AG’s Department said that “knowing that his company had not completed their financial obligations toward their grantors and therefore, had no title to any portion of the land, the accused proceeded to prepare an indenture covering about twenty (20) acres of the land in favour of the complainant’s company,” adding “the accused also presented a land title certificate number GA 44978 to the officials of Africa REI Ghana Ltd as evidence of his company’s ownership of the said land, even though there had been no valid registration of the land.
“Sometime in 2016, after the complainants had lodged a complaint of fraud against the accused to the police, the accused attempted to settle the matter amicably by granting to the complainant ten (10) acres of land as payment of the money taken from the complainant’s company. An official search at the Land’s Commission however, revealed the ten (10) acres of land did not belong to the accused or his company.”
According to the documents, Mr. Vondee in his investigative caution statement, admitted collecting $2.4 million from the complainant’s company in exchange for twenty (20) acres of land which he has not been able to deliver to the complainant because he did not own the said land and did not have title to the lands he offered.
By Ernest Kofi Adu