A District Judge of the United States Federal Court in Chicago, Illinois, Thomas M. Durkin, has dismissed an appeal filed by Birim Group against Dr Papa Kwesi Nduom and 18 others.
Judge Durkin said, “having reviewed the parties’ submissions, the Court finds that amendment would be futile and denies Plaintiff’s motion.”
“For these reasons, Plaintiff’s motion for leave to amend its complaint, R. 26, is denied. Except as otherwise stated in the Court’s prior order, dismissal of all claims is without prejudice to refile in an appropriate forum. Civil case terminated,” he said.
On November 23, 2021, the Court dismissed Birim Group’s complaint in full, finding that it had not alleged a domestic injury necessary under Racketeer Influenced and Corrupt Organisations (RICO) and failed to state a claim under most of its common-law theories.
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Full text: Judgment dismissing case against Nduom, others in the US
The Court further held that any remaining claims against the Ghanaian institutions were properly dismissed under forum non-conveniens.
Birim, the California Limited Liability Company, whose sole member was the lawyer, who filed the complaint, purchased $52,219 and $30,000 claims against companies in Ghana from two citizens of its citizens, Ms. Sekyere and Mr Barimah.
Although neither GN Bank, Dr Nduom nor any of the GN Bank directors were alleged to have themselves taken any action against these Ghanaian citizens, the complaint named each of them as defendants based on allegations of a vast international conspiracy for, which the Court found no supporting facts had been alleged.