A district judge of the United States Federal court in Chicago, Illinois, Thomas M. Durkin, has dismissed an appeal filed by Birim Group against Ghanaian businessman Dr Papa Kwesi Nduom and 18 others.
Giving his judgment, Judge Durkin stated “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,” the judge noted.
It would be recalled that the court on 23 November 2021, dismissed Birim Group’s complaint in full, finding that it had not alleged a domestic injury necessary under Racketeer Influenced and Corrupt Organizations (RICO) and had failed to state a claim under most of its common-law theories. 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 – Ms. Sekyere and Mr. Barimah.
Below is the full judgment of Thomas M. Durkin
