Artworks allegedly sold, artists unpaid: Joseph Awuah-Darko accused of owing $360k

Artworks allegedly sold, artists unpaid: Joseph Awuah-Darko accused of owing $360k

oseph Awuah-Darko, a celebrated figure in Ghana’s art scene, is facing serious allegations from several artists who claim that he has built his career at the expense of their livelihoods.

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The accusations suggest he has withheld significant sums from the sale of their artworks through his art foundation, The Noldor Residency.

An exclusive Afrikmag investigation, titled Gallery of Greed, has uncovered troubling claims that Awuah-Darko exploited vulnerable Ghanaian artists, profiting from their work while failing to remit the funds owed to them.

Foster Sakyiamah’s Claims: Patron to Predator

The controversy began when artist Foster Sakyiamah sued Awuah-Darko for failing to pay $266,527.03 from the sale of his artworks. Speaking to Afrikmag, Foster, who describes his relationship with Awuah-Darko as “patron to predator”, explained that he received financial reports from The Noldor Residency stating that clients had paid in full for his works. However, the money was never sent to him.

“When we make sales, all the sales, they send me a financial report. With the financial report, it will be stated that all the galleries or the clients that have been buying the works have paid in full. That means if they paid in full, you’ve taken your percentage, 40%. And my percentage is supposed to be sent to my account. It was not like that. The money was piling up, but I didn’t realise it because with those small amounts I was given, I was okay,” Foster said.

Foster’s brother, Seth Fiifi, added: “So he gave us a payment plan. He didn’t follow. We contacted him again and he gave us another time. That was when the failed promises started. Today that, tomorrow that, today that. It got to a point we said if he doesn’t pay the money, we will send it to court. Initially he was like, no, we shouldn’t. That will destroy everything, so we shouldn’t take it to court, he will find a way and resolve it.”https://www.facebook.com/plugins/video.php?height=476&href=https%3A%2F%2Fwww.facebook.com%2F100069596115813%2Fvideos%2F1243463896876544%2F&show_text=false&width=380&t=0

Foster’s legal representative, Joachim Baazeng of Kwame Boafo and Associates, clarified that the dispute stemmed from a dealer agreement signed in August 2021 between Foster and JAD Advisory Limited, with Awuah-Darko acting as the company’s representative. Under this contract, the profits from the sale of Foster’s artworks were meant to be split on a 40:60 basis after reasonable expenses and commissions were deducted. However, the funds were never remitted. Baazeng stated: “These are sales that have been made, payments received, and yet the artist has not received what is due to him.”

Baazeng also revealed that additional artworks were taken and sold personally by Awuah-Darko outside the agreed dealership arrangement, forming part of the reliefs sought in court. He added: “JAD Advisory, at least, provided an account of their sales, even if they failed to remit the funds. Joseph, on the other hand, has not accounted for the works he took personally. This raises questions about transparency and fairness.”

Ishmeal Armah: A Solo Exhibition Denied

Another artist, Ishmeal Armah, claims Awuah-Darko owes him more than $60,000. He also missed attending his solo exhibition in Amsterdam, with Joseph attending in his place. Ishmeal recounted: “Yeah, it’s complicated. The contract was you get exhibitions, you the artist must be there yourself. But the director between the Noldor and the artist, Joseph, chooses to go by himself but not the artist. We didn’t know the reason why, but it was stated in the contract. Later on, we heard that, oh, when you go as an artist, you may get contacts and maybe a different gallery can choose to work with you. Then you will ignore Noldor, so he decided to go by himself.”

Ishmeal, who is an expectant father, explained the financial strain caused by the unpaid funds, and the continued excuses from Awuah-Darko: “Joseph left and handed over his Director role to his assistant Johannes. But we have no contract with Johannes. It was Joseph. According to Ato Kwamena (a known investor of the Residency), he said he has given all the money to Joseph already. So The Noldor Residency doesn’t owe us any money. But they will try their possible best to take the money from Joseph.”

Ishmeal continued: “But when you ask Joseph, too, he said, oh, there is a misunderstanding on his account where he can withdraw money to pay to me. That was the excuse he started giving me. Sometimes too, he will tell me he has done the transfer, so it’s the bank delaying. Other times he says the bank has blocked his account because of too many transfers that he has done, a whole lot.”

Despite the ongoing struggle, Ishmeal remains optimistic: “I hold nothing against Joseph and I’m confident he will eventually pay me without any legal battle.”

Elizabeth Sakyiamah’s Shattered Dreams

Elizabeth Sakyiamah, Foster’s younger sister, signed with Awuah-Darko’s Judith Ellen Foundation at 19, only to have $25,656 and €6,330 locked up. She disclosed to Afrikmag: “There are issues with the foundation that was the first thing. At first I was expecting payments, but I wasn’t receiving anything and nobody was telling me anything. Like I didn’t even know who to go to because I was supposed to go to the accountant and ask why am I not receiving any payments? But you ask him and he doesn’t say anything like, yeah. So one other lady who also works in the foundation contacted me and told me, oh yeah, there are issues with the foundation and that’s why the payments are not coming.”

Elizabeth explained how her attempts to reach Joseph for answers were met with more excuses: “I don’t know if they didn’t know what was going on in the foundation because they weren’t giving me like answers, the answers I wanted, and most of them have left the foundation. So at that point I didn’t know who to ask. So then why not go to Joseph? He was telling me he would pay and a lot of stories. I remember the recent one of him moving out of his apartment. So he has to find a new apartment. And the one before that, he said he was in the hospital. So that was it.”

However, Elizabeth remains hopeful: “In some way that’s helped because I didn’t see myself pursuing art. But if I meet Joseph now, I’ll tell him: Pay me my money.”

Anonymous Artist: The Art Heist Scheme

An anonymous artist, known only as “Brush Daddy,” ended his contract with The Noldor Residency after discovering that artworks meant for exhibition were being sold without his consent. He explained: “In the contract, all artists are made to submit 21 artworks as a pledge to the residency. These 21 artworks, according to the contract, are not supposed to be sold; they are only to be exhibited to market the agency and the artists. However, I discovered from auction websites that the artworks were being sold. This was a red flag I couldn’t ignore.”

Legal Battle and Uncertain Outcomes

The legal battle continues, with Foster’s case currently progressing in court. Foster’s lawyer, Baazeng, confirmed that pre-trial settlement conferences are ongoing, but emphasised that the goal is straightforward: “What we want is simple: pay what is owed.”

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Despite this, Awuah-Darko has continued to privately reach out to other artists, claiming that the lawsuit filed by Foster is inconsequential.

As the case progresses, the central question remains: will Joseph Awuah-Darko be held accountable for the funds owed to these artists? Afrikmag has reached out to Awuah-Darko for comment on the latest developments but has yet to receive a response.

Similarly, Pulse Ghana also attempted to contact Awuah-Darko; however, he did not respond to queries before publication.

SourcePulse.com.gh  

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