Achimota Circuit Court, presided over by His Honor Mrs. Akosua Anokyewaa Adjepong, has stayed the trial of a lawyer and four others, including three brothers, over allegations of forging the will of the late Alhaji Salia.

This development follows the Office of the Attorney General (AG) taking over the file from the police following a petition by the complainant, Idris Salia.

Joseph Kwow Addo Sam, Esq., a 52-year-old private lawyer, together with Alhaji Seidu Adams Baba, who is said to be the head of Banda in Accra, and three brothers – Abdul Salia (alias Abdallai Salia Junior), Abubakar Salia, and Saeed Salia — were charged.

The accused faced charges including conspiracy, forgery, tampering with official documents and perjury.

Two of the three brothers – Abdul Salia (aka Abdallai Salia Junior) and Abubakar Salia – are currently at large.

However, the police prosecutor informed the court that the charge sheet had been amended, dropping the charges against all three brothers: Abdul Salia (alias Abdallai Salia Junior), Abubakar Salia and Saeed Salia.

Dissatisfied with this development, the applicant, Idris Salia, submitted a petition to the General Prosecutor’s Office on October 30, 2024.

Process put on hold

On Thursday, November 21, 2024, Dominic Bakoma, the Senior State Prosecutor in the Attorney General’s Office, informed the court that he had received a petition from the applicant, Idris Salia.

He explained that the AG’s office contacted the police to recall the case file to help investigate the petition.

“Under the circumstances, we pray this court to stay the prosecution in this matter to enable us (AG) to consider the merits of the petition,” the state’s senior prosecutor said.

He also requested an adjournment to allow the AG’s office to update the court on its findings and subsequent decisions on the case.

Defense attorneys did not oppose the request, but asked the AG’s office to expedite action to avoid unnecessary delays.

In granting the request, the court emphasized that it would not entertain unreasonable delays or adjournments. The case was adjourned to December 23, 2024, for an update from the AG’s office on the petition.

EIB Network Legal Affairs Correspondent Murtala Inusah reports that although an amended charge sheet has been filed, the case remains pending following the petition.

Short facts

According to the brief facts of the case, the plaintiff, Idris Salia, is a businessman, while the first defendant (A1), Joseph Kwow Addo Sam, Esq., is a lawyer.

The second accused (A2), Alhaji Seidu Adams Baba, is the Banda boss in Accra.

The third, fourth and fifth accused — Saeed Salia, Abdul Salia (alias Abdallai Salia Junior) and Abubakar Salia, respectively — are brothers. Their late father was Alhaji Salia Abdullai.

ASP Isaac Babayi stated that following the death of Alhaji Salia Abdullai on June 23, 2021, a will emerged, purported to be his last will, which was filed at the High Court Registry, Probate Division on May 7, 2004.

The will was witnessed by the now deceased Tony Kenyin Foli and Alhaji Seidu Adams Baba (A2).

The complainant became suspicious after obtaining a copy of the will and conducting private checks which revealed that the signatures of his late father, Alhaji Salia Abdullai and the late Tony Kenyin Foli were forged.

He later requested the Director General of the CID to investigate the matter.

Certified copies of the will were obtained from the Registrar of the High Court and an affidavit previously filed by Tony Kenyin Foli was retrieved from the regional police/CID headquarters.

Sample signatures from the late Alhaji Salia Abdullai were collected from Ecobank, Ghana Commercial Bank and the Registrar General’s Department.

Both the undisputed and contested signatures were examined by the Comptroller General of the Forensic Department of the Ghana Immigration Service and Spotlight Security Solution.

Research showed that the signatures on the alleged will and probate form (Judicial Form 35) did not match those of the named individuals.

Conspiracy

It was established that A1 conspired with A2, A3, A4 and A5 to prepare the fake will of the late Alhaji Salia Abdullai with A2 signing as a witness to make it appear genuine.

The will and the associated probate form were submitted to the High Court Registry and on 11 August 2021, A3, A4 and A5 applied for probate based on the forged will.

The plaintiff, suspecting the authenticity of the will, filed a petition with the police.

Joseph Kwow Addo Sam, Esq., was arrested and in his caution statement admitted that he prepared and filed the will at the Probate Division of the High Court on May 7, 2004.

Alhaji Seidu Adams Baba (the second accused) was also arrested but refused to give a statement to the police.

The fourth and fifth accused signed the test form, which was fraudulently obtained.

The first and second accused were charged with the listed offences.