Friday, November 28, 2008

Two lawyers attack reporters in court

Friday, November 28, 2008 (Page 54)

TWO young male lawyers yesterday caused a stir at the newly designated Human Rights Court in Accra, when they threw all courtesies to the dogs and verbally attacked some reporters covering a case in the court.
The reporters were covering the case in which three lawyers have dragged the Ghana Bar Association (GBA) to court for demanding the resignation of the former national President of the GBA, Nii Osah Mills.
While lawyers for the GBA and the plaintiffs, Messrs Ace Ankomah and Mr Kwabla Senanu, were busily arguing their case, the young lawyers were also busily ‘manhandling’ two female reporters from the Ghana News Agency (GNA) and the Daily Graphic.
The judge, Mr Justice U. Y. Dery, a High Court Judge, was also busily taking down notes when the incident occurred at the gallery reserved for the public and, for that reason, did not witness the bizarre event.
It all started when one of the lawyers, whose name was given only as Gyau, entered the packed-to-capacity courtroom with a female colleague and ordered a reporter from the Atlantis Radio to get up for him (Gyau) to sit down.
The reporter, who even though did know he had the right to sit on that seat, got up and allowed Gyau to sit down.
Gyau then turned to the GNA reporter and blurted “stand up” apparently to enable his female colleague to take her seat.
The reporter, who had earlier vacated a seat for another lawyer under similar circumstance, looked at the lawyer in bewilderment.
The Daily Graphic reporter, who was by then witnessing the unfair manner in which her colleague was being treated, informed the lawyer that it was not decent to rudely order the GNA reporter to vacate her seat, especially when the seats were reserved for the public.
Gyau got angry, pointed accusing fingers and asked the Daily Graphic reporter what right she had to question his authority as a lawyer and there and then began using unprintable words on her.
The Daily Graphic reporter, who remained unperturbed and demanded to know why her colleague should be treated in such a demeaning manner, had the shock of her life when a plump-looking young lawyer with fat cheeks tapped her on the right shoulder several times from behind. His heckling was followed with a stream of insults and questioning why she should question his “learned” colleague.
The GNA reporter left the courtroom to avoid being heckled, while the two male lawyers launched verbal attacks on the Daily Graphic reporter, who was by then taking down notes of the court’s proceedings.
The trial judge was at the time not privy to what was happening because he was caught up in the heated arguments between lawyers for the GBA and the plaintiffs.
Nevertheless, the Daily Graphic reporter ignored the two lawyers whose female colleague sat in the GNA reporter’s seat without any regrets.
Senior lawyers, including Nana Ato Dadzie, Mr Chris Arcmann-Ackumey, Mr Ace Ankomah, Mr Frank Davies, Mr Peter Zwennes and Mr Kwabla Senanu, who heard of the incident after the court’s proceedings, unreservedly apologised to the reporters for being treated with such disdain.
Two hours before the incident, a senior male lawyer, whose name was given only as Dzakpasu, had ordered all reporters in the courtroom to vacate their seats to enable lawyers to sit down at the public gallery.
As if that was not enough, some lawyers in the courtroom pointed accusing fingers at the GNA reporter that she was recording the court’s proceedings.
Another lawyer, however, owned up and said he was recording the court’s proceedings with his tape recorder. A court clerk then seized the recorder.
The plaintiffs, Nana Ato Dadzie, Mr Chris Arcmann-Ackumey and Mr James Abiaduka, are praying the court to declare that comments which were purported to have been made by Nii Mills, which bordered on the incarceration of Tsatsu Tsikata, were “lawful comments made in his legitimate position as national president of the association”.
They are, therefore, praying the court to declare as illegal the demand and the request of the GBA on Nii Mills to resign his position as national president.
The plaintiffs have, meanwhile, filed a motion on notice for an order of interlocutory injunction to restrain the GBA from holding fresh elections to elect a national president until the final determination of the matter.
The GBA, in its statement of defence, has denied ever coercing Nii Mills to resign.
According to the GBA, at its Bar conference in Kumasi on October 30, 2008, Nii Mills, on his own volition, read out a written statement he had prepared himself to the conference to announce his resignation from office.
It said Nii Mills voluntarily withdrew his nomination and apologised for whatever harm he might have caused the association.
The court has fixed December 4, 2008 to rule on the motion for interlocutory injunction.

Thursday, November 27, 2008

Goodies sentenced to 13yrs imprisonment

November 26, 2008 (Page 3 Lead)

THE Accra Circuit Court on November 25,2008 sentenced Isaac Abeidu Aidoo, alias Goodies, to 13 years imprisonment after finding him guilty for a narcotic offence.
Goodies, who is the Managing Director of Goodies Music Productions, swallowed 80 pellets of cocaine and attempted to smuggle them to the United Kingdom on April 23, 2008 but he was arrested at the Kotoka International Airport (KIA).
He pleaded for leniency halfway through his defence, amidst a stream of tears, at the court’s sitting in Accra.
“I am pleading with the court to give me mercy. I have a young family and I am sorry for disappointing my family,” he told the court.
With tears flowing down his face while in the dock, Goodies, a father of three, looked in his wife’s direction, pleaded for mercy and told the court, presided over by Mr Mahamadu Iddrisu, that he was not a drug dealer.
“I am a very humble person and not a drug dealer. I have never involved myself in drugs. I do not smoke nor drink, so how on earth would I put myself in such trouble? I did not know what I was carrying,” Goodies stated, amidst uncontrollable tears.
The court took into account the fact that he was a first offender and sentenced him to 13 years each on two counts of possession of narcotic drugs without authority and attempting to export narcotic drugs without licence. The sentences are to run concurrently.
The prosecution closed its case on November 20, 2008 and that prompted the court to adjourn to yesterday, November 26, 2008 to enable Goodies to either open his defence or make a submission of ‘no case’.
Goodies, who was arrested at the KIA on April 23, 2008, opened his defence after the prosecution and the defence counsel had announced themselves to the court.
According to Goodies, a spiritualist friend of his, by name Willie, who lived in London asked him (Goodies) to bring something which the spiritualist said was for spiritual purposes and for that matter nobody should see what the thing was.
He said Willie promised to pay him £3,000 if he managed to successfully bring that ‘something’, which he (Goodies) did not specify throughout his defence, to London.
The convict explained that he did not bother to find out what that thing was because he was motivated by the £3,000 which had been promised him.
Goodies explained that he was at the time of the trip raising funds in London and other parts of the world for Ghana’s delegation to the Beijing Olympic Games on behalf of the Ghana Olympic Committee (GOC).
He further stated that he agreed to send the thing to the spiritualist but did not state the mode through which he carried it.
Goodies told the court that on that fateful day, NACOB officials stopped him and informed him that they suspected him of carrying narcotic drugs.
He said he denied the claim and demanded an examination to be conducted on him, as a result of which he was taken to the 37 Military Hospital for X-ray examination.
The convict said he was later told that he had foreign materials in his stomach, adding that NACOB officials took him to their offices where he expelled the pellets of cocaine he had swallowed.
According to him, he was shocked when NACOB officials later informed him that the substances he had expelled tested positive for cocaine at the Ghana Standards Board (GSB).
At that point, his countenance changed and he began pleading for leniency while looking in his wife’s direction.
His counsel, Mr Oliver Atsu, expressed the defence team’s regret for the delay it had caused in the trial and pleaded for mercy on behalf of his client.
He said Goodies had three children, including twins aged six, as well as a three-year-old, adding that his client had co-operated throughout the trial.
Counsel further stated that Goodies had produced famous musicians like Mzbel, Tic Tac, Nana Quame, 2Face Idibia, among many others, in addition to running a non-governmental organisation committed to the fight against HIV/AIDS.
The court said the defence had been straightforward and stated that it had taken into account the convict’s track record.

Tuesday, November 25, 2008

Owner of Anyaa warehouse appears in court

Tuesday, November 25, 2008 (Back Page Lead)

THE owner of the warehouse which caught fire and resulted in the death of seven persons was yesterday granted bail in the sum of GH¢100,000 with two sureties to be justified.
On November 17, 2008, around 6.30 pm, the warehouse, which is situated at Anyaa, a suburb of Accra and was said to contain explosives and fire crackers popularly known as ‘knockout’, caught fire and in the process killed seven persons and injured several others.
Janet Akani Sarbah, 40, a trader who deals in toys and explosives, is expected to reappear before the court on December 3, 2008.
Janet, who was accompanied by her husband and a large crowd of family members and sympathisers, left the court premises in tears after she was granted bail.
According to her counsel, Mr Frank Davies, Janet collapsed upon hearing of the incident and it took 24 hours to revive her, adding that his client reported to the police immediately after she was revived.
Mr Davies applied for bail after the prosecution had declined to take Janet’s plea on the grounds that the docket on the case had been forwarded to the Attorney-General’s Department for advice.
An Assistant Commissioner of the Police, Ms Elizabeth Allandu, had prayed the court to remand the accused person because the docket had been forwarded to the Attorney-General’s Department for advice.
However, Mr Davies opposed the prosecution’s application and insisted that his client’s plea should be taken on the grounds that the charge of importation of firearms without lawful authority was a misdemeanour.
The trial judge, Mr C. A. Wilson, reminded counsel that the police had the mandate to refer matters to the Attorney-General’s Department for advice to which counsel conceded but insisted that such mandate should not be used capriciously.
His insistence resulted in the prosecution presenting the facts of the case, which said on November 17, 2008, the accused person instructed her workers to load some of the fire crackers into a vehicle to be sent to a customer in Kumasi.
According to the prosecution, there was power outage in the area at the time and for that reason the workers decided to use naked lights, which caused the heavy explosion that resulted in the loss of lives and caused injuries to several others.
ACP Allandu told the court that four of the injured were in critical condition at the Korle-Bu Teaching and 37 Military hospitals, adding that investigations were underway to ascertain when and how the explosives were imported into the country.
She said the items had been banned and for that reason the police were investigating how she got the licence to import them.
Replying, Mr Davies said the defence had been handicapped in applying for bail because the prosecution had declined to take his client’s plea.
He, nevertheless, sought permission from the court and moved his motion for bail, which stated among others that his client was a mother of four who had dealt in fire crackers and Christmas toys for the past 10 years.
He said it was unfortunate lives had been lost as a result of the explosion and expressed his client’s condolence to the bereaved families.
According to him, his client had been traumatised by the disaster and had since been suffering from hypertension.
According to him, what happened was not due to negligence on the part of his client and further assured the court that his client would co-operate with the police when granted bail.
Mr Davies further stated that the accused person, who reported to the police voluntarily had been in custody since Tuesday, November 18, 2008 and for that reason would fully co-operate with the police when granted bail.
Counsel further argued that the charges preferred against his client qualified for bail and stated that in any case, the police were currently guarding the remaining items, including the burnt warehouse of the accused person.
He prayed the court not to allow itself to be put under undue pressure by the media, adding that his client had not committed any heinous crime because she had a lawful permit to build those warehouses among others.

Friday, November 21, 2008

I expelled 80 pellets of cocaine • Goodies confesses

Friday, November 21, 2008 (Page 3 Lead)

ISAAC Abeidu Aidoo, alias Goodies, the Managing Director of Goodies Music Productions who is standing trial for a narcotic offence, yesterday admitted that different people supervised him while he expelled 80 pellets of cocaine he had swallowed.
Goodies, who took two days to expel the pellets through his anus, made the admission when his counsel showed a sheet of paper which indicated the date and times he expelled the drugs to him for verification.
The accused person further admitted that he was among the people who signed the sheet of paper, compelling his counsel, Mr Oliver Atsu, to withdraw his earlier objection to the tendering of the sheet of paper in evidence.
The incident occurred when the investigator in the case, Detective Sergeant Hans Addai, was giving his evidence-in-chief in the case in which Goodies has pleaded not guilty to the possession of narcotic drugs without authority.
Goodies, who is on remand, is alleged to have swallowed 80 pellets of cocaine and attempted to smuggle them to the United Kingdom on April 23, 2008 but he was arrested at the Kotoka International Airport (KIA).
Led in evidence by Mr Paul Assibi Abariga, an Assistant State Attorney, Sgt Addai said Goodies took two days to expel the drugs.
According to the investigator, he sealed the expelled drugs in a brown envelope in the presence of Goodies and an independent witness, adding that he (investigator), Goodies and the independent witness appended their signatures on the envelope.
He further explained that Goodies fingerprinted the envelope, in addition to his signature. Goodies admitted doing the signing and fingerprinting when he was asked to identify the envelope, which was also tendered in evidence.
The investigator informed the court that the sealed brown envelope which contained the expelled substances was later forwarded to the Ghana Standards Board (GSB) for examination.
He said a report signed by K. Acheampong, the Director in charge of the Testing Division of the GSB, dated June 5, 2008, and which was tendered in evidence stated that the 80 expelled pellets tested positive for cocaine.
Sgt Addai said Goodies had told him that a musician by name Abdul Hamid had given him the drugs to be given to someone by name Willie for a fee of £3,000.
He informed the court that Goodies later took officials from the Narcotics Control Board (NACOB) to East Legon to apprehend Hamid but he could not be traced.
The investigator told the court, during cross-examination by counsel for Goodies, that Goodies was handed over to him, together with his Ghanaian passport and a bag containing his personal belongings.
He also stated that Goodies was detained by NACOB officials until he finished expelling the drugs.
After the cross-examination of the investigator, the prosecution announced that it had closed its case.
The trial judge, Mr Mahamadu Iddrisu, then ordered the destruction of the seized drugs in the presence of court officials, the prosecution, the defence and the media.
Goodies is expected to either make a submission of ‘no case’ or open his defence on Wednesday, November 26, 2008.

Media's interest in Goodies case unusual - Counsel

Thursday, November 20,2008 (Page 3 Lead)

COUNSEL for Isaac Abeidu Aidoo, alias Goodies, the Managing Director of Goodies Music Productions, who is standing trial for a narcotic offence, yesterday expressed concern over what he termed the media's "unusual interest" in his client's case.
Goodies, who is on remand, is alleged to have swallowed 80 pellets of cocaine and attempted to smuggle them to the United Kingdom on April 23, 2008 but he was arrested at the Kotoka International Airport (KIA).
And, according to his counsel, Mr Oliver Atsu, Goodies’s blood pressure went up anytime his case was published in the media.
He made particular reference to media publications which indicated that he (counsel) and Goodies had been absent in court on the last adjourned date.
Counsel, accordingly, prayed the media, through the court, to give his client some respite.
However, the trial judge, Mr Mahamadu Iddrisu, held another view and stated that the media were doing their work.
He said the media must be commended because they were necessary partners in the administration of justice.
"I do not want to believe they are doing selective or discriminatory reportage. Ask your client to take it easy," the judge said, adding, "So long as the stories are unbiased, the media must be allowed to do their work."
He further explained that Goodies and his counsel had been absent on November 12, 2008, the last adjourned date, because of the investigator's inability to bring the accused person to court.
Later, Messrs Jerry John Kwasi Abbiw and Benjamin Kingsley Dadzie, both officials of the Narcotics Control Board (NACOB), testified and stated that they had been on duty at the KIA when Goodies was arrested.
According to Mr Abbiw, on April 23, 2008, he was on duty at the KIA Central Screening Point and spotted Goodies going through departure formalities.
Led by an Assistant State Attorney, Mr Paul Assibi Abariga, to give his evidence-in-chief, Mr Abbiw said he invited Goodies for questioning when the accused reached the Central Screening Point, adding that when he was not satisfied with Goodies’s answers to his questions, he decided to conduct a urine test on the accused.
He said he took Goodies to the washroom but Goodies could not produce urine for the test, for which reason he (Mr Abbiw) suggested that an x-ray should be conducted on Goodies.
Mr Abbiw told the court that he then handed Goodies over to his commander, who in turn handed Goodies over to two other officials for an X-ray examination at the 37 Military Hospital.
He denied a suggestion from counsel for Goodies during cross-examination that his commander lied when he (commander) told the court that Mr Abbiw had been part of the team that took Goodies to the 37 Military Hospital.
Mr Abbiw explained that he (Mr Abbiw) arrested five persons on the day Goodies was arrested and in the process took some of the arrested persons to the hospital for an X-ray and that might have led to his boss' mix up.
For his part, Mr Dadzie said his commander had instructed him and his colleague, by name Ishaq Bakure, to send Goodies to the 37 Military Hospital for an X-ray.
He explained that the first X-ray had been inconclusive, resulting in the request for a second X-ray which revealed that Goodies had foreign materials in his stomach.
He told the court during cross-examination that he had been present when the X-ray was conducted on the accused person.
Hearing continues today.

Wednesday, November 19, 2008

'Osah Mills wasn't coerced to resign'

Wednesday, November 19, 2008 (Page 3 Lead)

THE Ghana Bar Association (GBA) has denied ever coercing its former national president, Nii Osah Mills, to resign.
According to the GBA, at its Bar conference in Kumasi on October 30, 2008, Nii Mills on his own volition read out a written statement he had prepared himself to the conference to announce his resignation from office.
It said in his statement, Nii Mills also withdrew his nomination and apologised for whatever harm he might have caused the association.
In its statement of defence in response to a writ filed by three members of the association who accused the National Executive Committee (NEC) of demanding the resignation of Nii Osah Mills, the GBA said it had not breached the Constitution.
Nana Ato Dadzie, Mr Chris Arcmann-Ackumey and Mr James Abiaduka are praying the court to declare that comments which were purported to have been made by Nii Mills which bordered on the incarceration of Tsatsu Tsikata were “lawful comments made in his legitimate position as national president of the association”.
They, therefore, prayed the court to declare as illegal the demand and the request of the NEC on Nii Mills to resign his position as national president.
Nii Mills was reported to have visited Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC) who is serving a five-year jail term, at the Nsawam Medium Security Prison and expressed his misgivings about the circumstances leading to Tsikata’s incarceration.
Following the announcement of his resignation by the NEC of the GBA, fresh nominations were received for his position but the three lawyers filed a suit at the Accra High Court praying the court to declare Nii Mills as the sole and valid nominee for the position of national president for the 2009 election.
But the GBA insisted that Nii Osah Mills resigned after he admitted that he had caused embarrassment to members of the GBA based on the comments he had passed regarding Tsikata’s incarceration on a private radio station.
“The defendant says that on the basis of those admissions, the General Council requested Nii Osah Mills to resign from his position as national president of the defendant, having considered that these statements he made were prejudicial to matters then pending for adjudication before the Supreme Court and constituted gross misconduct,” the statement of defence pointed out.
The defendant further denied that it had infringed on the constitutional rights of Nii Mills by mounting an intense and unreasonable pressure on him to step down as President of the GBA.
According to the GBA, Nana Dadzie and Mr Abiaduka were not qualified to institute the action because they were “not members in good standing as at the date of their alleged cause of action occurred having only paid their dues for the period 2000 and 2007 to 2008 respectively on November 4, 2008, the day they filed this action.”
The GBA said the action by the plaintiffs had no basis in law and for that matter it was wholly misconceived and completely erroneous and ought to be dismissed by the court.
The three plaintiffs have meanwhile filed a motion on notice for an order of interlocutory injunction to restrain the NEC or its agents from holding a fresh election to elect a national president on November 15, 2008 or on any other date until the final determination of the case.
Following the institution of the suit, the defendant has suspended the holding of elections to elect a national president until the final determination of the suit.
It has, however, appointed an acting president, Mr Kwami Tetteh.
Earlier, counsel for the parties argued in the name of one of its past on procedural matters and accused each other of not following laid down procedures.
Counsel for the plaintiffs, Mr Kwabla Senanu, had argued that solicitors for the GBA did not have licences to operate as well as had short served him with the statement of defence and affidavit in opposition among others.?????
However, counsel for the GBA, Mr Ace Ankomah, said his colleague’s arguments were misplaced and not based on issues of law and also accused the plaintiffs of not providing their residential addresses on their writ of summons as required by law.
Another counsel for the defendant, Mr C. B. K. Zwennes, argued that there was no rule which required solicitors to state their licence numbers, adding that the plaintiffs had committed grave procedural errors for which the court must move to strike out their motion.
After lengthy and sometimes heated arguments on procedural matters from both sides, the court fixed November 27, 2008 as the date for hearing the motion for interlocutory injunction.
In the substantive writ, the plaintiffs are also praying the court to declare as illegal the purported nullification of Nii Mills’ nomination for the office of national president.

Businessman in court for fraud

Tuesday, November 18, 2008 (Page 34)

AN Accra-based businessman is alleged to have duped three foreign nationals, including a Reverend Minister, to the tune of GH¢513,628 under the pretext of securing them diplomatic appointments in two of Ghana's consulates abroad.
Nana Yaw Apea-Dankwa was alleged to have collected the money from Reverend Habil Bolin, Sture Abrahamsson and Oleksandr Chemenko with the promise that he would use it to influence government officials to facilitate their appointment as consulates in Sweden and Finland.
Apea-Dankwa, who communicated with his victims through the Internet, sent letters purported to have been signed by officials at the Ministries of Justice and Foreign Affairs as part of his efforts to convince them to send money to him.
He was arraigned before the Accra Circuit Court yesterday, charged with defrauding by false pretences.
He pleaded not guilty to the charge and was remanded to reappear on November 26, 2008 to enable the police to complete investigations into the matter.
According to the prosecution, a lawyer lodged a complaint with the police on behalf of his clients who were all living abroad and who had been duped by the accused person over the past eight years.
The facts of the case were that the accused person got in touch with the victims through the Internet some time in 2000 and after chatting with them on several occasions, he promised to get them employed as Ghana’s consulates in Sweden and Finland.
Apea-Dankwa allegedly managed to send letters purported to have been signed by government officials to his victims who got convinced in the process.
They allegedly began sending money to the accused person, who said he would use the money to convince the authorities to get them employed.
In the course of the communication, the victims allegedly sent $172,676, GH¢75,278 and 154,338 Euros to the accused person.
After several years of communication, the victims realised the accused person was in no position to assist them to get the diplomatic appointments.
They, accordingly, got in touch with their lawyer who subsequently reported the matter to the police.
Investigations led to the arrest of the accused who had then fled his matrimonial home and had sought refuge at a house in Tesano, Accra.
Investigations are ongoing.

Monday, November 17, 2008

3 Lawyers drag GBA to court

Saturday, November 15, 2008 (Page 3 Lead)

THREE lawyers have dragged the National Executive Committee (NEC) of the Ghana Bar Association (GBA) to court for demanding the resignation of the former national President of the GBA, Nii Osah Mills.
The three are praying the court to declare that the demand and the request of the NEC on Nii Mills to resign his position as national president were illegal and contrary to law.
According to the lawyers, although Nii Mills had not formally put his purported resignation into writing, the defendant association, spearheaded by some members of the NEC, had undoubtedly “executed a coup” purporting to have ousted Nii Mills from his democratically elected office as national president.
Nana Ato Dadzie, Mr Chris Arcmann-Ackumey and Mr James Abiaduka are also praying the court to declare that comments which were purported to have been made by Nii Mills which bordered on the incarceration of Tsatsu Tsikata were “lawful comments made in his legitimate position as national president of the association”.
“The comments by the national president were not only responsible but also within the permitted limits of law relating to the right of the public to and the freedom of speech generally,” the plaintiffs argued.
Nii Mills was reported to have visited Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC) who is facing a five-year jail term, at the Nsawam Medium Security Prison and expressed his misgivings about the circumstances leading to Tsikata’s incarceration.
Following the announcement of his resignation by the NEC of the GBA, fresh nominations were received for his position but the three lawyers filed a suit at the Accra High Court praying the court to declare Nii Mills as the sole and valid nominee for the position of national president for the 2009 election.
According to the plaintiffs, the defendant had infringed on the constitutional rights of Nii Mills on the grounds that the defendant mounted an intense and unreasonable pressure on Nii Mills to step down as President of the GBA on September 30, 2008, a day before the opening of the bar conference in Kumasi.
“In the face of the said verbal harassment, threats and duress, the National President, Nii Mills, out of frustration and irritation, uttered words to the effect that he had resigned or threatened to resign from his position as National President of the defendant association,” they said.
Consequently, the three have filed a motion on notice for an order of interlocutory injunction to restrain the NEC or its agents from holding a fresh election to elect a national president on November 15, 2008 or on any other date until the final determination of the case.
The motion on notice for an order of interlocutory injunction would be moved on November 18, 2008.
In the substantive writ, the plaintiffs are also praying the court to declare as illegal the purported nullification of Nii Mills’s nomination for the office of national president.
They are further appealing to the court to state that the call for fresh nominations for the office of the national president after the close of nominations was illegal and contrary to the constitution of the GBA.
A statement of case accompanying the plaintiffs’ writ stated, among others, that the defendant did not have power or authority to demand or compel the duly elected national president to resign or vacate his post as national president.
According to the plaintiffs, the purported removal and declaration of the position was illegal and contrary to the constitution of the defendant association, adding that the action of the defendant breached the rules of natural justice, as well as constituted a breach or violation of the fundamental human rights of Nii Mills.
Plaintiffs further stated that the decision, conduct and actions of the Bar Council/General Council of the defendant association was undemocratic and contrary to the Constitution of the Republic of Ghana and the same must be struck down as such.
“Plaintiffs will contend that, in any case, the purported grounds on which the NEC of the defendant association demanded the resignation of the plaintiff as national president was illegal and insupportable at law,” the statement of case pointed out.
The plaintiffs averred that Nii Mills and some members of the NEC had been mandated by the NEC, together with the national executives, to visit Tsikata, a senior member of the GBA.
They further stated that Nii Mills was obliged to respond to media enquiries relating to matters of interest to the GBA.
According to the plaintiffs, Nii Mills had made certain comments on the case involving Tsikata’s incarceration in his capacity as the National President of the GBA.
“The national president's comments were regular and a fair and lawful comment on a trial that had been concluded involving the said incarcerated member,” the statement of claim stated, among others.

Goodies, counsel absent in court

Thursday, November 13, 2008 (Page 3 Lead)

THE Managing Director of Goodies Music Productions, Isaac Abeidu Aidoo, who is standing trial for a narcotic offence was absent when his case was called at the Circuit Court in Accra yesterday.
The accused person, who has been remanded in prison custody, is alleged to have swallowed 80 pellets of cocaine and attempted to smuggle them to the United Kingdom on April 23, 2008, but was arrested at the Kotoka International Airport.
His counsel was also absent.
No reasons were assigned to the court for their absence.
When the matter was called for hearing, an Assistant State Attorney, Mr Paul Assibi Abariga, announced himself and said the prosecution was ready to continue with the case.
However, Goodies was nowhere in sight and as such the trial judge, Mr Mahamadu Iddrisu, had to enquire about his whereabouts.
A prison officer informed the court that he did not know why the accused person was not brought.
The officer further explained that his senior colleague, who was at that particular moment at the Fast Track High Court, would be in a position to state why the accused person was not brought.
The court then stood the case down and allowed the prison officer to go outside and enquire about the whereabouts of Goodies from his senior colleague.
After waiting for more than 30 minutes, the court had to adjourn the case to November 19, 2008 to enable the prosecutor to attend to other cases in other courts.
The trial judge, who had earlier in the trial expressed his misgivings on the failure of prison officers to produce the accused person in court on two occasions expressed the hope that Goodies would be produced on the next adjourned date.
He said the case had had a chequered history and stated for instance that there had been seven adjournments without any development since the last prosecution witness testified.
According to Mr Abariga, Goodies’ counsel had for three consecutive hearings absented himself without any reason, adding that the prosecution witnesses were ready to testify on a day to day basis.
A third prosecution witness is expected to testify at the next adjourned date.
Goodies, on July 8, 2008, pleaded not guilty to the possession of narcotics and the court has since remanded him in prison custody.
According to the prosecution, about 10.45 p.m. on April 23, this year, when Goodies arrived at the KIA to board a Ghana International Airlines flight to London, operatives of the Narcotics Control Board (NACOB) suspected him of carrying drugs in his stomach.
Goodies was, therefore, escorted to the 37 Military Hospital for an X-ray, which revealed that he had some foreign materials in his stomach.
He was subsequently arrested and put under surveillance and, in the process, he expelled 80 pellets of a whitish substance suspected to be cocaine.
Goodies informed the police during interrogation that one Abdul Haid, a musician residing at East Legon, Accra, had given him the drugs to be delivered to one Willie for a fee of $3,000.

Tuesday, November 11, 2008

Lotto operators appeal against court's decision

Tuesday, November 11, 2008 (Page 31)

THE Ghana Lotto Operators Association (GLOA) and six others are challenging the Accra Fast Track High Court’s refusal to stay the execution of its judgement which outlawed private lotto operations in the country at the Court of Appeal.
According to the appellants, their appeal against the ban on private lotto operations in the country had good grounds of success and for that matter they would suffer irreparable loss if the court’s ruling was not stayed.
“The refusal of the instant application will render over 500,000 people jobless when no compensation has been made available to cater for their redundancy,” an application for injunction pending the determination of the appellants’ appeal stated.
The GLOA and the six others, namely, Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, filed the application at the Court of Appeal following the refusal of the Fast Track High Court to stay execution of its earlier judgement.
In its ruling on November 4, 2008, the court, presided over by Mr Justice K. A. Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
The appellants had maintained that their rights to free market activity had been impinged upon by the National Lottery Authority (NLA) following the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
They, accordingly, filed for stay of execution of the court's decision pending the determination of an appeal against the banning of their operations but the court, after carefully studying the application, dismissed it.
“The dismissal of the earlier application is wrong, improper and ultra vires,” the appellants pointed out and, accordingly, prayed the Court of Appeal to “restrain the respondents from interfering with the work or property rights of the appellants pending the determination of the appeal”.
The appellants had sought to question the constitutionality of the National Lottery Authority (NLA) Act 2006, Act 722, and, therefore, prayed for a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
But the court held otherwise.
The appellants stated in their motion for stay of execution that the judgement banning their operation was "wrong in law and an improper exercise of discretion”.
According to the plaintiffs, "the subsequent dismissal of our action raises serious questions of law and fact, which will have to be considered by the appellate court".
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.

Council settles differences on Hajj

Saturday, November 8, 2008 (Page 3 - Mirror)

THE National Hajj Council (NHC) has settled its differences on the organisation of this year’s Hajj pilgrimage to Mecca with the Office of the Vice-President and the National Chief Imam.
Following the agreement among the parties, the NHC will not organise this year’s Hajj, an issue over which it sued the Office of the Vice-President, the National Chief Imam, Alhaji Lumuna Mohammed Muniru of the Ministry of Health and Dr Alhaji Abdul-Wahab Alhassan of the Office of the Vice-President.
The other defendants in the case are Sheik Yunus Osman Mohammed of the Pathology Department of the Korle-Bu Teaching Hospital and Alhaji Osman Kadri English of the Office of the Chief Imam.
The agreement among the parties resulted from an intervention by some Muslim elders who took steps to resolve the matter out of court.
At the Accra Fast Track High Court sitting, a Muslim elder, Alhaji Asuma Banda, informed the court, “I have managed to get the matter settled.”
According to him, all the parties in the case had met at the Chief Imam’s house last Sunday night where it was agreed that the matter should be withdrawn from court.
“I am happy I managed to get the parties to listen to me,” Alhaji Banda, a shipping magnate, told the court.
However, counsel for the NHC, Mr Bright Akwetey, explained that an issue which was still outstanding at the Accra Fast Track High Court concerned the body which had the mandate to organise the Hajj pilgrimage in the country, after the government had handed over the organisation of the pilgrimage in 2005.
He explained that the only aspect of the case which his clients had withdrawn was a prayer for an order of perpetual injunction to restrain the offices of the Vice-President and the National Chief Imam from interfering in the 2008 operations of the Hajj in Ghana.
The plaintiffs had also withdrawn a request for the court to order both offices and the defendants to hand over all arrangements made for the 2008 Hajj to the NHC.
The court, presided over by Mr Justice K. A. Ofori-Atta, then enquired why Mr Akwetey was insisting that there were aspects of the case to be resolved in court.
Replying, Alhaji Banda said, “So far as I am concerned, the case is settled. The Chief Imam has accepted all of us as his children.”
Not satisfied with the explanation, the court directed the parties to draft the said agreement and furnish it with it.
The matter was, accordingly, adjourned to December 1, 2008.
Alhaji English expressed his gratitude to Alhaji Banda for his intervention.
Among the reliefs being sought by the NHC is an order for perpetual injunction to restrain the Office of the National Chief Imam and the defendants from interfering in the activities of the NHC.
In a statement of claim, the NHC is also seeking a declaration by the court that it is the sole and legitimate body charged with the responsibility to organise the Hajj by the Muslim community in Ghana.
The writ, filed on October 2, 2008, is further seeking a declaration that the Interim Hajj Management Committee (IHMC) does not have the mandate of the Muslim community in Ghana to organise Hajj operations, among other reliefs.

Thursday, November 6, 2008

Fund not earmarked for individuals - Nicol

Thursday, November 6, 2008 (Page 54)

THE Administrator of the District Assemblies Common Fund (DACF), Mr Joshua Magnus Nicol, has stated that two per cent of the Common Fund earmarked for persons with disabilities is not for individual use.
He said reports from the District, Municipal and Metropolitan Assemblies indicated that individuals were demanding the release of the fund and stressed that the fund was "allocated for groups and not individuals who suffer from disabilities".
According to him, the law governing the fund entrusted his outfit to release the amount due persons with disabilities to district assemblies for onward release to the Ghana Federation of the Disabled after the latter had presented a proposal on projects earmarked for its members.
He said without any proposal, the assemblies could not release money to the federation.
Reacting to concerns of some disabled persons on the release of the funds, Mr Nicol told the Daily Graphic that he had not received any official complaint from members of the federation.
He said he only got to know through the media that the federation was having problems with some district assemblies on the release of funds.
He, therefore, stated that his doors were open for discussions with members of the Ghana Federation of the Disabled for solution to their challenges.
Mr Nicol explained that his outfit, representatives from the Ministry of Local Government and Rural Development, Ghana Federation of the Disabled and the Institute of Local Government Studies met and discussed how the federation could access the funds from the districts.
He said it was agreed at the meeting that the federation would work with districts in organising persons with disabilities into groups to access funds allocated to districts.
He further explained that it was also suggested to the federation to appoint three representative to work with the Social Services Committees in each district to champion their interests.
Mr Nicol said at the meeting, it was also agreed that the groups should submit their proposals to the district assemblies through the Social Services Committees for action.
He said, "As at now, I cannot tell whether or not they have followed our suggestions. I only hear of their complaints through the media," adding that "no one has officially sent any complaint to my outfit for action".
Mr Nicol further stated that the federation should get in touch with his outfit for immediate action, if its members had followed the laid down guidelines but were still facing problems.
He commended persons with disabilities at Oda for forming groups to benefit from the fund, which is aimed at improving their livelihoods.
He disclosed that the third quarter Common Fund was yet to be released to the District, Municipal and Metropolitan Assemblies in the country.
According to him, there had been an impressive improvement in sanitation at the various districts since the DACF adopted the sanitation component of the National Youth Employment Programme (NYEP).

Wednesday, November 5, 2008

Private lotto remains outlawed

Wednesday, November 5, 2008 (Page 3 Lead)

THE Accra Fast Track High Court on Tuesday, November 4,2008 refused to stay the execution of its judgement which outlawed private lotto operations in the country.
In its ruling, the court, presided over by Mr Justice K. A. Ofori-Atta, said “the plaintiffs were not able to assert their right to the law of equity”.
The Ghana Lotto Operators Association (GLOA) and six others had asserted that their rights to free market activity had been impinged upon by the National Lottery Authority (NLA) following the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
The plaintiffs filed for stay of execution of the court's decision pending the determination of an appeal against the banning of their operations, but the court, after carefully studying the application, dismissed it.
The decision was preceded by hot verbal exchanges between counsel for the plaintiffs, Mr Aurelius Awuku and counsel for the defendants, Mr Kizito Beyuo.
According to Mr Awuku, his clients were not aware the matter had been transferred from Mr Justice Edward Asante’s court to Mr Justice Ofori-Atta’s court and insisted that the proper thing must be done.
While Mr Awuku maintained that the matter was not properly laid before the court and insinuated that his colleague had seen to the transfer of the case from the court where it was originally laid, Mr Beyuo thought otherwise and accused his colleague of using populist tactics to win a lost battle.
According to him, his clients were not against Mr Ofori-Atta hearing the case, but they wanted the proper thing to be done and further prayed the court to wash its hands off the case.
Mr Beyuo expressed concern about the plaintiffs’ attitude and insisted “the first thing you should have done was to enquire about what happened before making wild allegations”, and insisted his colleague apologised to him for making wild allegations.
He explained that the matter was initially before Mr Justice Asante as a vacation judge and not as a substantive judge, but Mr Awuku insisted that the Registrar had no power to transfer a matter from one judge to another.
For his part, Mr Beyuo stated that the Registrar acted on the instructions of the Chief Justice, but Mr Awuku maintained that there was no order from the Chief Justice, adding “if you say there was an order, produce it”.
Mr Beyuo pleaded with Mr Awuku not to soil their friendship when Mr Awuku insinuated that Mr Beyuo had a hand in the matter being laid before Mr Justice Ofori-Atta.
“Please, do not soil our friendship. I take an exception to that statement. I demand an apology,” but Mr Awuku was indifferent.
The judge, then moved in and stated that the Registrar had informed him in his chambers that he (Registrar) was instructed to bring the matter to his (judge’s) court.
Mr Beyuo then got up again and insisted Mr Awuku should withdraw his allegations, because his reputation mattered to him more than anything else in his 15-year-old career as a lawyer.
Mr Awuku remained adamant, to which Mr Beyuo said “that is the end of our friendship”.
Mr Justice Ofori-Atta, accordingly, overruled the objection raised by Mr Awuku and maintained that his conscience was clear.
He then proceeded to dismiss the application for stay of execution of the court’s decision to outlaw operation of private lotto.
After the court’s decision, Mr Beyuo then apologised to the court for his outburst, to which Mr Awuku also apologised to him (Mr Beyuo).
Mr Justice Ofori-Atta then advised Mr Beyuo to control his emotions, while he called on Mr Awuku to desist from making unfounded allegations.
“I work with my conscience,” Mr Justice Ofori-Atta concluded.
The GLOA and the other plaintiffs, namely Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises had sought to question the constitutionality of the National Lottery Authority (NLA) Act 2006, Act 722.
They had, therefore, prayed for a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
But the court held otherwise. The plaintiffs then filed an appeal against the court’s decision.
The appellants stated in their motion for stay of execution that the judgement banning their operation was "wrong in law and an improper exercise of discretion”.
According to the plaintiffs, "the subsequent dismissal of our action raises serious questions of law and fact, which will have to be considered by the appellate court".
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiffs’ suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.

Tuesday, November 4, 2008

Golf teacher sentenced to death by hanging

Monday, November 3, 2008 (Page 31)

THE Accra Fast Track High Court last Friday, sentenced a golf teacher, Noble Adu-Gyamfi to death by hanging after it convicted him of murdering Mr Paul Figali, a French-Lebanese national.
Noble murdered Mr Figali, who was the Chief Executive of Imexco Ghana Limited in August 2005, stole the deceased’s Nissan Murano vehicle, removed the vehicle’s number plates and threw them in a bush but was arrested barely four hours after the incident.
The deceased was later found in a bush at Lashibi, a suburb of Accra with a deep wound on his head.
Noble, who was the golf teacher of the deceased, fell out with the deceased after he allegedly accused Noble of stealing his (deceased’s money). The convict’s unidentified accomplice, is on the run.
Noble, who is in his late 20s was found guilty on two counts of conspiracy and murder by his peers but he informed the court before his conviction that “I am not guilty of the offence. I am innocent in this case. Mine was to drive the car and follow instructions”.
He has 30 days to appeal against his conviction.
The convict was initially arraigned together with Relwan Zakour and a mason named Amuzu at the Accra District Magistrate’s Court but the two were later acquitted and discharged.
They were then used as prosecution witnesses alongside six others who testified against Noble.
A seven-member jury in a unanimous decision returned the verdict of guilt against the convict after the trial judge, Mr Justice E. K. Ayebi, summed up the evidence led by the prosecution as well as the defence put up by the convict.
Initially, the jury could not reach a verdict after deliberating for more than 30 minutes.
They went back to the courtroom for re-direction from the court, went into deliberation and eventually came back to the courtroom with the verdict of guilt against Noble.
Some family members of Noble wailed and cursed in reaction to Noble’s conviction.
One family member who spoke Ga amidst tears questioned no one in particular by stating “how much did you pay for this to be done to Noble? You are wicked. God will punish you.”
The facts of the case were that Noble murdered Mr Figali, dumped him in a bush and drove the vehicle off to a prosecution witness’ house with his accomplice.
He gave GH¢10 to the mason to watch the vehicle for him while he went out to take care of a few things.
Noble returned in a taxi but could not get down at where he left the vehicle because he noticed that he was being trailed.
According to the prosecution, Noble ordered the taxi driver to drive off but the taxi’s movement was impeded by an articulated truck, thereby forcing it to stop.
Noble got down from the taxi and attempted to escape but he was apprehended by an angry mob which was suspicious of his demeanour.
He was later saved by a police officer who chanced on the scene and later handed him over to the authorities.
The keys to the deceased’s car was later found in Noble’s possession.

Muslim elders seek out-of-court settlement

Saturday, November 1, 2008 (Mirror - Page 27)

SOME Muslim elders have approached the legal counsel for the National Hajj Council (NHC) which has sued over the right to operate the Hajj in Ghana, for an out-of-court settlement.
The NHC filed a writ at the Accra Fast Track High Court seeking an order of perpetual injunction to restrain the offices of the Vice-President and the National Chief Imam from interfering in the operations of the Hajj in Ghana.
It is also seeking an order requesting both offices and the defendants to hand over all arrangements made for the 2008 Hajj to the NHC.
Counsel for the NHC, Mr Bright Akwetey, informed the Accra Fast Track High Court at its sitting in Accra last Monday that he was approached by some elders of the Muslim community to have the matter settled out of court.
He said if nothing was done to send Ghanaians to the Hajj pilgrimage this year, the country would be banned for five years.
A Muslim elder, Alhaji Asuma Banda, informed the court that he was not asked by any of the factions to withdraw the case out of court for settlement.
He said he had intervened because he was a Muslim elder and further stated that the matter was a delicate one and as a result “I am relinquishing my own business to ensure the matter is settled.”
Alhaji Banda, therefore, called on Muslims to pray for the matter to be settled.
Counsel for the defendants, Alhaji Ishaq Alhassan, told the court that his clients would co-operate for the matter to be settled.
The court after listening to parties in the matter accordingly adjourned the matter to November 3, 2008 to enable the parties to settle their differences.
Among the reliefs being sought by the NHC is an order of perpetual injunction to restrain the Office of the National Chief Imam and the defendants from interfering in the activities of the NHC.
In a statement of claim the NHC is also seeking a declaration by the court that it is the sole and legitimate body charged with the responsibility to organise the Hajj in Ghana by the Muslim community.
The other defendants in the case are Alhaji Lumuna Mohammed Muniru of the Ministry of Health; Dr Alhaji Abdul-Wahab Alhassan of the Office of the Vice-President; Sheik Yunus Osman Mohammed of the Pathology Department of the Korle-Bu Teaching Hospital and Alhaji Osman Kadri English of the Office of the Chief Imam.
The writ, filed on October 2, 2008, is further seeking a declaration that the Interim Hajj Management Committee (IHMC) did not have the mandate of the Muslim community in Ghana to organise Hajj operations.
It is also asking for an order requesting the Office of the Vice-President to unblock access of the NHC to diplomatic facilities for the Hajj of 2008.
Among the reliefs is an order requesting the Office of the Vice-President to desist from interfering in the work of the NHC regarding Hajj operations and an order requesting that office to refund, in full, the air fares paid and other expenses made by the 728 pilgrims who were not airlifted to Mecca for the 2007 Hajj, plus interest on their air fares at the prevailing bank rate.
The plaintiff is also seeking a declaration that the Office of the National Chief Imam is not vested with any authority to organise the Hajj for Muslims in Ghana, an order requesting the defendants to stop operating bank accounts in the name of the NHC and an order restraining the defendants from making any public statements or statements in private for the mobilisation of funds for the 2008 Hajj, as well as an order to restrain the defendants from executing any contracts with anybody or bodies in relation to Hajj operations in Ghana.