Tuesday, March 31, 2009

'We didn't recruit girls for prostitution'

Tuesday, March 31, 2009 (Page 3 Lead)

TWO of the Chinese nationals who are alleged to have trafficked Chinese girls have denied recruiting the girls for prostitution.
James Xu Jin, 41, the alleged mastermind, and his wife, Chou Xiou Ying, claimed that all but one of the girls came to Ghana on their own volition.
They claimed that they were responsible for only one of the girls, although the others lived in their (accused persons) house at La.
The two informed the court, presided over by Mrs Elizabeth Ankumah, that they ran a restaurant and not a prostitution gang, as was alleged by the prosecution.
Jin, Chou and Sam Shan Zifan, James’s younger brother, have each been charged with conspiracy and human trafficking and they have pleaded not guilty to all the charges.
All the victims were recruited from Harbin, a city in China, with the promise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries but they ended up in prostitution.
Testifying in court under cross-examination from the prosecutor, Assistant Superintendent of Police Ms Mary Agbozo, Jin told the court that the $14,000 recovered from his house on the day of their arrest did not emanate from sexual exploitation of the girls.
Speaking through an interpreter, Jin stated that he ran the restaurant with the other two accused persons and further pointed out that the drinks stocked in his house were meant for those who patronised the restaurant and not for men who visited the girls.
According to the accused person, the victims patronised casinos, to his disapproval, and further denied deceiving immigration officials, officials from the Ghana Investment Promotion Council (GIPC) and the Registrar General’s Department that he ran a restaurant.
Jin admitted owning some CD players which were at his residence but claimed that he did not know they contained sordid scenes.
According to the prosecution, one of the CD players contained sexual scenes of a woman being burnt with a burning cigarette, while an iron was inserted in her vagina.
It also stated that one of the CD players contained a scene of a woman sucking the genitals of a horse.
Both the prosecution and the defence are expected to watch the CD players, together with the court, on the next adjourned date.
Jin denied showing those movies to the girls to scare them into agreeing to engage in prostitution.
Led by her counsel, Mr B. O. K. Johnson, Chou, 30, told the court that most of the girls were her neighbours back in China who decided to accompany her to work in Ghana.
She claimed that she did not know how the girls procured their passports, air tickets and visas but admitted that they put up with her and her husband at La.
She further claimed that the girls went out all the time but she did not know the work they did while outside, adding that her husband even told her he did not like the attitude of the girls.
The accused person said the girls often paced the restaurant and often disrupted her customers, adding that she and Jin quarrelled often because of the girls.
During cross-examination, Chou said her husband’s restaurant was called “James Garden Chinese Restaurant”, while the house in which they lived at La was called “Peach Blossom Palaces”.
According to her, the two names meant the same thing and further explained that the restaurant was near the La Police Station.
She informed the court that she did not understand immigration procedures and could, therefore, not explain why her husband gave different addresses to the GIPC and immigration officials.
Hearing continues today.

Monday, March 30, 2009

Herbalist defrauds patient

Saturday, March 28, 2009 (Page 27 - THE MIRROR)

A herbalist who took GH¢13,000 to heal a woman who has suffered from mental illness for the past 25 years is in the grips of the law.
Mallam Eliyasu Abdul Wahab, who also claimed to be a spiritualist, allegedly took the money from the mentally ill woman's daughter under the pretext of healing the woman of her predicament but failed to live up to expectation.
The accused person was charged with one count of defrauding by false pretence.
He pleaded not guilty to the offence and was remanded to reappear on March 31, 2009.
Brief facts of the case are that some time in 2008 the complainant came into contact with the accused person through a friend who is currently in the UK.
The complainant, whose mother has been sick for 25 years, contacted the accused person if he could treat her sick mother.
Wahab replied in the affirmative and allegedly demanded and collected GH¢3,000 as part payment for his spiritual services.
According to the prosecution, Wahab went to the complainant’s house to perform the spiritual healing and in the process demanded and collected an extra GH¢5,000.
The prosecution said the accused person alleged that he would use the amount to purchase some more items to heal the sick woman.
After collecting a total amount of GH¢13,000, he again demanded GH¢5,000 which the complainant could not provide.
Wahab allegedly convinced the complainant and took her car, under the pretext of using it as collateral for a loan in order to facilitate the treatment of her mother.
He, however, sold the complainant's Toyota Corolla saloon car, valued at GH¢6,500, while the complainant's mother’s condition worsened.
Realising that she had been duped, the complainant reported the matter to the police, resulting in Wahab’s arrest on March 3, 2009.

Friday, March 27, 2009

'Set aside judgement against Enquirer'

March 26, 2009 (Page 3)

THE editor of the Enquirer newspaper, Mr Raymond Archer, has filed a motion praying the Accra Fast High Court to set aside a default judgement it gave against him and Focal Media Publishing, publishers of the newspaper, for defaming the Country Manager of Kosmos Energy Ghana Limited, Mr George Yaw Owusu.
Mr Owusu sued the Enquirer and its editor for publishing what he described as libelous materials which created the impression that he was a drug dealer who, together with the former Minister of Defence, Mr Albert Kan-Dapaah, had links with the former Member of Parliament for Nkoranza, Mr Eric Amoateng.
The court gave the default judgement against Mr Archer and Focal Media Publishing for failing to file their appearance in the case which was instituted in December 2008 by Mr Owusu, who stated that those publications were untrue and that as a result of them his reputation had been gravely affected and, therefore, he had suffered and continued to suffer irreparable damage, pain and embarrassment.
According to Mr Owusu, the Enquirer made the publications in deliberate disregard to page 10 of a Narcotics Control Board (NACOB) report which clearly mentioned that a man by name "George Owusu" who had shipped ceramics to the USA and had links with Amoateng was different from him the plaintiff, Mr Owusu.
In an affidavit in support of the motion on notice to set aside the court’s judgement, Mr Archer said it was the first time he had been served with a formal process relating to the suit in respect of which the interlocutory judgement was entered against him.
He stated that although search results at the court’s registry proved that a reporter from his outfit, Mr Freddy Nyarko, had been served with the writ of summons and statement of claim, Mr Nyarko had denied receiving any court processes on behalf of Mr Archer.
The deponent further stated that should the court permit him, he would file his defence and lead evidence to prove that he published those stories based on justification, qualified privilege and fair comment within the meaning of the law on libel.
“The first defendant (Focal Media Publishing) has always been prompt to respond to defamation suits against it and would not have been indolent had the processes come to its attention,” the affidavit in support of the motion pointed out.
Counsel for Mr Archer, Mr Tony Lithur, is expected to move the motion on notice to set aside the interlocutory judgement against Mr Archer on Monday, April 6, 2009.
Mr Owusu stated in his substantive writ that he was an environmental scientist who had worked with reputable oil companies in the USA for the past 20 years and had neither met Amoateng nor ever dealt in drugs, as was "maliciously" and "mischievously" published by the newspaper.

Tuesday, March 24, 2009

A-G files writ to quash Gh¢700,000 payment

Tuesday, March 24, 2009 (Second Lead Story)

THE Attorney-General (A-G) has filed an application praying the Supreme Court to quash a High Court order which directed the Bank of Ghana (BoG) to release GH¢700,000 from the bank’s accounts to a private company.
According to the A-G, the High Court did not have the power to attach public funds in satisfaction of a judgement debt in favour of Rockshell International Limited.
The government owes the company $7 million, having so far paid $5 million out of its total debt of $12 million owed it.
The company sued the government for failing to pay it after it had sold granite stones to the government for the Keta sea defence project in February 1986, obtained judgement for the payment of the debt but maintained that the government had refused to pay the debt, leading to the company suffering irreparable damage.
An affidavit in support of the motion for an order of certiorari to quash the High Court’s decision to attach the BoG’s accounts for the payment of debts filed on behalf of the A-G by the Solicitor-General, Mrs Amma A. Gaisie, conceded that the government owed the company but submitted that “the amount involved is huge and it will be impossible to make a one-off payment”.
The applicant argued that the High Court erred when it granted an order directed at the Governor of the BoG to release funds from the Contingency Operational Account in payment of a judgement debt because it (the High Court) did not have the jurisdiction to make that order.
According to the A-G, “the Bank of Ghana is not party to the suit. It is a corporate body, and yet one of its accounts has been attached”, adding that the Constitution did not allow the attachment of public funds to judgement debts with the reason that “the consequences would be too serious for the operations of government and the people of Ghana as a whole”.
However, the applicant pointed out that “it is not our contention that the judgement debt will not be paid. In fact, and as agreed between the parties, US$5,000,000 has already been paid to the interested party (Rockshell International Limited)”.
The A-G further submitted that to resolve the issue, the parties would have to agree on the balance of the amount due and negotiate the terms of payment of the judgement debt.
It, accordingly, prayed the court to order that public funds and government property could not be attached in execution of judgement debts, as well as an order that all orders for garnishee against the government listed accounts should be quashed.
The applicant is also praying the court to order the Controller and Accountant-General to assess the original amount due Rockshell International Limited and calculate the interest due the company in accordance with the law which would form the basis for payment, less the amount already disbursed to the company.
In an affidavit in opposition, the General Manager of Rockshell International Limited, Mr Alfred O. K. Hall, submitted that the applicant had been recalcitrant in paying its debt, despite Rockshell obtaining judgement against the applicant.
It said the company and its employees had undergone irreparable hardship and tribulation as a result of the failure of the government to pay its debt for work done, although the government facilitated the acquisition of a bank loan for the execution of the project.
According to the affidavit, the company lost its equipment and factory premises, as well as personal assets and properties, to its creditors.
“The instant application amounts to an invidious invitation to this honourable court to hold that in spite of the democratic and constitutional dispensation in this country, the government of Ghana is not amenable to the execution process, even when it admits to a public debt and, indeed, where its liability has been established by a court of competent jurisdiction,” it said
According to the company, “by a bizarre twist of circumstances, the High Court vacated all orders it had made in connection with the case, including those that had not been challenged in the case, and by that action it brought the administration of justice into disrepute and thereby eroded the confidence that the interested party (Rockshell International Limited) had in the court”.
It added that the application filed by the A-G was totally “unmeritorious, frivolous and vexatious and constitutes a flagrant abuse of the court process and it should be dismissed with the appropriate deterrent costs”.
The Supreme Court has adjourned the case sine die to study the documents filed by parties in the case.
The Accra Fast Track High Court on January 26, 2009 struck out a motion that sought an order to commit the Governor of the BoG, Dr Paul Acquah, to prison for his refusal to comply with the court's order following Mr Hall’s withdrawal of the motion.
Rockshell sued the government for work done in respect of the Keta sea defence project and had a summary judgement against the Republic on November 20, 2006.
Pursuant to proceedings commenced by the applicant, the court, on January 9, 2009, ordered Dr Acquah to pay the amount from the Contingency Operational Account number 0121360058002 to Rockshell International.
Mr Hall, in an affidavit deposed to by him, said several attempts to have Dr Acquah pay the judgement debt had failed and, for that reason, he should be convicted for contempt of court.
It, was, however, withdrawn following an agreement by the parties to settle the matter out of court.
It was after the withdrawal of the contempt case against Dr Acquah that the A-G filed the motion to invoke the supervisory jurisdiction of the Supreme Court to quash the decision of the High Court.

Monday, March 23, 2009

Witness identifies sales person in Close Up trial

Monday, March 23, 2009 (Page 47)


Story: Mabel Aku Baneseh
A witness in the trial involving two Chinese nationals accused of possessing fake Close Up toothpaste has identified one of the accused persons as the one who sold the product to him.
Cherubin Awabe, whose company had been tasked by Unilever Ghana Limited to track the sources of the company's counterfeited products told the court that during his investigations one of the accused persons, Chen Chuping, a saleswoman, sold the fake products to him when he went to purchase them at a shop at Rawlings Park in Accra.
According to him, many hawkers and head porters trooped to the shop to purchase the fake products which were alleged to be poisonous.
Chen and Tang Wei, Directors of W.B. Impex Ltd, are accused of being the source of supply of the fake Close Up toothpaste.
The accused have pleaded not guilty for the possession and sale of goods marked with counterfeited trade marks.
They have each been granted bail in the sum of GH¢20,000 with a surety each.
At the court’s hearing in Accra on Thursday, Mr Awabe, the company’s Director of Industry and Marketing Support System, said he was tasked by Unilever to conduct research into counterfeit toothpaste on the market.
In the course of the research, he said he held a number of interviews with hawkers and head porters who sold the counterfeited toothpaste, and as a result he was led to the shop where those products were purchased.
Led by a Deputy Superintendent of Police (DSP), Mr P. K. Frimpong, to give his evidence-in-chief, Mr Awabe said upon reaching the shop, his team of researchers bought six pieces of the toothpaste and a test conducted on them proved that they were fake.
According to him, he visited the point of sale of the products and requested to purchase 20 cartons of the toothpaste which had then been displayed on shelves.
He said Chen informed him that only three cartons were left and that the remaining 17 would be added to the three later.
Mr Awabe told the court that he deposited GH¢200 out of the total of GH¢360 he was expected to pay for the 20 cartons.
He tendered the receipt for the GH¢200 in evidence as exhibit.
According to the witness, the interest of the company was to get to the source of the counterfeited toothpaste, and as a result, the warehouse containing the counterfeit toothpaste,which was located at Mallam in Accra.
After locating the warehouse, the witness later led the police to the warehouse where large quantities of the counterfeited toothpaste were found.
He said a woman at the warehouse informed the police that the items belonged to her husband who later turned out to be Tang.
During cross examination from counsel for the accused persons, Mr Peter Zwennes, the witness told the court that he could not give the identity of the head porters who led him to the shop of Tang.
He also informed the court that the import of the research was to get to the wholesaler of the counterfeit toothpaste.
He also told the court that he did not take a receipt for the initial six pieces of counterfeit toothpaste he bought from Chen.
Hearing continues today.

Enquirer guilty of defamation

Friday, March 20, 2009 (Page 3)

THE Accra Fast High Court yesterday gave default judgement against the Enquirer newspaper and its editor, Mr Raymond Archer, for defaming the Country Manager of Kosmos Energy, Ghana Limited, Mr George Yaw Owusu.
Mr Owusu sued the Enquirer and its editor for publishing what he described as libellous materials which created the impression that he was a drug dealer who together with the former Minister of Defence, Mr Albert Kan-Dapaah, had links with the former Member of Parliament for Nkoranza, Mr Eric Amoateng.
According to Mr Owusu, those publications were untrue and as a result of the publications, his reputation had been gravely affected and therefore he had suffered and continued to suffer irreparable damage, pain and embarrassment.
He said the Enquirer made the publications in deliberate disregard to page 10 of a Narcotics Control Board (NACOB) report which clearly mentioned that a man by name "George Owusu" who had shipped ceramics to the USA and had links with Amoateng was different from him the plaintiff, Mr Owusu.
According to the plaintiff, he was an environmental scientist who had worked with reputable oil companies in the USA for the past 20 years and had neither met Amoateng nor ever dealt in drugs as was "maliciously" and "mischievously" published by the newspaper.
He said the newspaper in its front page of November 26 to November 27, 2008 and November 28 to November 29, 2008 editions, deliberately left out page 10 of the NACOB report which clearly stated he, Mr Owusu, was not linked to the Amoateng case.
Mr Owusu averred that he had suffered and continued to suffer considerable distress and embarrassment as a result of the said publications, which he described as "mischievous and accentuated by malice".
At the court's sitting in Accra yesterday, the court gave judgement against the Enquirer newspaper and Mr Archer for failing to appear before it within the stipulated time in accordance with the law after they had been served with the writ of summons.
The matter was adjourned to Wednesday, March 25, 2009 for assessment of damages after the counsel for the plaintiff, Mr Egbert Faibille, had prayed the court to enter judgement in default of appearance against the defendants.
According to the counsel, the court on the last adjourned date ordered that the defendants should be served through substituted service, which was done, but the defendants had failed to enter appearance.
In the substantive suit, Mr Owusu is praying the court to restrain the defendants from further publishing libellous materials which have created the impression that he was a drug baron linked to Eric Amoateng, although had never met Amoateng in his life.
Mr Owusu is, therefore, praying the court to award general damages for libel against the defendants, as well as award aggravated damages against Mr Archer following the repetition of the defamatory words on Radio Gold, a private radio station.
The plaintiff also prayed the court to award perpetual injunction to restrain the defendants and their agents from further publishing defamatory words against him, as well as award costs against the defendants.
In substance, the court has granted the relief being sought by the plaintiff.
A statement of claim accompanying the writ stated that Mr Owusu has never known or been associated in anyway, shape or form with Eric Amoateng, adding that Mr Owusu was a reputable and well-known community leader who had lived in the USA for more than 30 years with impeccable records.
It further explained that as a Ghanaian Community Leader in Houston, Texas, Mr Owusu mobilised Ghanaians in the Houston community to buy promotional and souvenir items that three Texas companies, Equiva Services Inc, Mativa Inc and Equilon Enterprises, were offloading to ship them to rural Ghana for donation to the poor.
The plaintiff averred that the items — which included T-shirts, Knit shirts, caps, sweaters, bags, pens, stationery, cups and mugs — all marked with the companies’ logo were shipped to Ghana through the assistance of Mr Kan-Dapaah, who agreed to allow Mr Owusu to ship the items through his (Mr Kan-Dapaah's) foundation.
It said Mr Kan-Dapaah agreed to help with the shipment on condition that some of the promotional items would be given to teachers in his constituency while the owner of Darko Farms, Reverend Kwabena Darko, agreed to safe keep the shipped container of promotional items at his farm until Mr Owusu arrived in Ghana for distribution.
"Upon the plaintiff's arrival in the country, the promotional items were divided in seven portions with one portion going to Reverend Darko, another portion going to the Kan-Dapaah Foundation, one portion to the plaintiff and four portions to his Ghanaian friends in Houston, Texas who donated towards the shipment," the statement of claim averred.
It further stated that sometime later two law enforcement officers later visited him in his office and questioned him about the promotional items and Mr Kan-Dapaah's foundation to which he answered "faithfully" as regards all the facts as pleaded in relation to how he met Mr Kan-Dapaah, among others.
Mr Owusu contended that, although, the NACOB report, which was patently the source of the two publications complained of, states at page nine that Amoateng used the name of "George Owusu" as the exporter on all the exports to his (Amoateng's) name, address and that of his (Amoateng's) accomplice Nii Okai Adjei, the defendants "disingenuously" ignored that fact and rather published that Mr Owusu shipped drugs to the USA and ceramics to Mr Kan-Dapaah's foundation.
The plaintiff denied ever getting involved in any shady business, further arguing that he was a responsible family man who had led a transparent life and for that reason unless the court restrained the defendants, he would continue to suffer irreparable damage to his hard-won reputation.

Two in court over fake Close Up

Thursday, March 19, 2009 (Page 47)

THE trial of two Chinese nationals accused of possessing fake Close Up toothpaste has begun at the Accra Circuit Court.
Tang Wei, Director of W.B. Impex Ltd, and Chen Chuping are accused of being the source of the fake Close Up toothpaste which is believed to be poisonous and is currently being sold to unsuspecting members of the public.
Tang and Chen have pleaded not guilty to the possession and sale of goods marked with counterfeited trade mark.
They have each been granted bail in the sum of GH¢20,000 with a surety each.
At the court’s hearing in Accra on Tuesday, the Marketing Director of Unilever Ghana Limited, Prince Asante Obeng, told the court that consumers of the fake product developed sours in their gums.
Led by an Assistant Superintendent of Police (ASP), Mr P. K. Frimpong, to give his evidence-in-chief, Mr Obeng said “tests have proved that the fake Close Up is near to poison”.
According to him, some time in December 2006 he received numerous complaints from consumers who said their mouths went sour after using Close Up toothpaste.
He said Unilever followed up and picked samples of the fake product from the market.
He said the fake ones were green in colour and further explained that the green-coloured Close Up brands were mainly designed for Francophone countries in West Africa, while the red-coloured paste was designed for Anglophone countries.
Mr Obeng stated that after picking some of the fake samples on the market, he called his colleague in Cote d’Ivoire to enquire whether or not he had exported green Close Up to Ghana, to which his colleague answered in the negative.
He also told the court, presided over by Mrs Elizabeth Ankomah, that he got further information from his sales manager at the Okaishie and Makola markets that hawkers were selling the fake toothpaste to unsuspecting consumers.
According to him, Unilever then contracted a company called Industry and Marketing Support System to investigate the source of the product, which subsequently led to the arrest of the accused persons.
He tendered in evidence the original and fake brands of the Close Up toothpaste and informed the court that the accused persons brought in the fake products from China.
Mr Obeng described the distinction between the original and the fake products to the court.
During cross-examination from counsel for the accused persons, Mr Peter Zwennes, the witness told the court that he was not aware that the toothpaste was being manufactured in Cote d’Ivoire.
According to him, the only place the fake product was being manufactured was China.
Hearing continues tomorrow.

Tuesday, March 17, 2009

No bail for six suspected cops

Saturday, March 14, 2009 (Page 3 )

THE Accra Circuit Court has refused to grant bail to six policemen and their accomplice who were alleged to have robbed a businessman at a hotel in Accra.
According to the court, it was premature for defence lawyers to ask for bail for the accused persons.
The accused persons are DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu, Sergeant John Agyapong, Corporal Lawrence Dennis Quansah, Lance Corporal Karimu Muntari, Constable Benjamin Blejumah and Hans Amanor, a civilian friend of the victim’s.
However, Constable Ken Duodu Acheampong, Kwasi Tawiah, Peter Kwame Gyasi, alias Kwame Tawiah, Bismark Ampofo, Jeffrey, alias Kay, and three others whose names were not provided are on the run.
The accused persons had earlier been charged with conspiracy, unlawful entry and stealing but the charges have been substituted with conspiracy and robbery.
They pleaded not guilty to the charges but the court declined to grant them bail after their lawyers had pleaded for it.
Accordingly, they were remanded to reappear on March 25, 2009.
The accused persons were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and taken away $53,000, €1,000, GH¢2,000, a black bag containing two compact disc Walkman players, a set of keys, a digital camera and a Standard Chartered Bank cheque book, all valued at $4,000.
At the court’s sitting in Accra yesterday, the prosecutor, Assistant Superintendent of Police George Abavelim, prayed the court to remand the accused persons, since investigations were ongoing.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and allegedly robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold, but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
The policemen and the other accused persons played various roles in ransacking Mr Duah’s hotel room, taking away the other items.
The police, in addition, allegedly demanded $30,000 from the victim or have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot.

Student pours hot water on co-tenant

Saturday, March 14, 2009 (Page 31 - MIRROR)

FOR fighting her friend’s husband’s concubine, a student has found herself in the grips of the law, accused of pouring hot water on her foe.
Felicia Acquah, was alleged to have picked up a fight with the complainant, Gloria Odumah and in the process poured hot water on her thereby causing severe burns.
Felicia also suffered severe bites on her breasts, her back and buttocks in the process.
Her breasts are almost cancerous while Gloria also suffered severe burns.
Felicia pleaded not guilty to one count of causing harm and was granted bail in the sum of GH¢1,000 with a surety.
She was ordered to reappear before the court on March 16, 2009.
When the matter was called in court Accra last Tuesday, the court enquired why the two fought to which the landlord of both the accused person and the complainant informed the court that there was an issue between the two.
The issue, he stated was that Gloria was suspected to be having an affair with Felicia’s friend’s husband and for that matter the two were not on good terms.
Prosecuting, Chief Inspector Mary Adika, told the court that Felicia and Gloria were students and they lived in the same house at New Fadama in Accra.
On March 2, 2009, Felicia was passing infront of Gloria’s sister’s shop when she alleged that she overhead Gloria and her sister discussing her.
She replied them with insults and which resulted in a fight.They, were, however, separated by onlookers.
Not satisfied, they engaged themselves in another fight in the house and in the process, Gloria bit Felicia’s breast and were separated by the other tenants in the house.
Thereafter, Felicia poured a boiling water on Gloria after which they all rushed to report the incident to the police.
They were issued with medical forms to attend hospital for treatment.

Man, 20 kidnaps child’s mum

Saturday, March 14, 2009 (Page 27 - MIRROR)

A 20-year-old unemployed who kidnapped the mother of his child for a $2,000 ransom before her release was last Tuesday found guilty and convicted by the Accra Circuit Court.
Eric Launcelot Kugblenu, who refused to accept responsibility for the upkeep of the child was said to have threatened to kill his captive if her parents did not pay the ransom.
He was bonded to a sum of 100 penalty units to be of good behaviour for five years or in default face eight years prison term by the court, presided over by Mrs Ivy Heward-Mills.
Each penalty unit is GH¢12.00.
Kugblenu was convicted on his own plea of guilt. He broke down in tears and pleaded with the victim’s father to forgive him his wrongdoing.
His father also pleaded with the court for mercy towards his son.
A friend of the court, Mr Adjei Lartey, a lawyer, described the accused person’s action as unfortunate and reminded the court that the convict had a child with his victim.
He, therefore, prayed the court to give Launcelot the opportunity to change for the better.
Launcelot had earlier pleaded not guilty but nevertheless apologised to the victim’s father for forgiveness.
He said “I am very sorry. I am not guilty. I did not do it,” but his father prompted him to plead guilty to which he did.
According to the prosecution, in December, 2008 he succeeded in collecting GH¢300 from his captive's parents before releasing her but the money has since been retrieved by the police.
Not satisfied with his earlier action, he again kidnapped the victim on January 15, 2009 and called the girl's father on January 19, 2009 demanding $2,000 before he released her.
The victim's father, a lawyer reported the matter to the police leading to the subsequent arrest of Kugblenu.
Kugblenu was put before an Accra circuit court on February 18, 2009, charged with one count of kidnapping.
He pleaded not guilty and the court and was subsequently remanded by the court.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused person and the victim had attended the same secondary school and completed in 2006 and 2007 respectively.
According to the prosecution, the two had an affair that resulted in the girl getting pregnant.
The accused person, however, refused to accept responsibility for the pregnancy.
On December 12, 2008 the accused person lured the girl to his house and unlawfully detained her.
He later called the girl's father to inform him that the girl had been kidnapped and would only be released if he paid the GH¢300 to which the victim's father obliged.

Court reinstates NPP Chairman of Atwima Nwabiagya, others

Saturday, March 14, 2009 (Page 13)

THE Court of Appeal has reinstated Nana Kofi Owusu as the Chairman of the Atwima Nwbiagya Constituency office of the New Patriotic Party (NPP) in the Ashanti Region.
The court also reinstated nine other executives of the constituency who were wrongly removed from office alongside Nana Owusu by the National Chairman of the NPP.
In a unanimous decision, the court dissolved an interim committee which was appointed by the National Chairman to oversee the activities of the constituency.
It accordingly ordered the interim committee members from interfering with the functions of Nana Owusu and the nine others, namely: Nana Agyemang-Johnson, First Vice Chairman; Gyau Mensah-Bonsu, Second Vice Chairman; Salifu Musah, Secretary and Bernard Boateng, Assistant Secretary.
The other appellants were Amadu K. Issah, Treasurer and Douglas Owusu, Organiser; Samuel Mensah, Youth Organiser; Nicholas Ameyaw, Financial Secretary and Sabina Anane-Yeboah, Women’s Organiser.
Respondents in the suit were the Ashanti Regional Executive Committee of the NPP, Mr Ben Oduro Frimpong, and seven others.
Mr Oduro and the seven other respondents had also claimed to be newly elected executives of the Atwima Nwbiagya Constituency office of the NPP.
The court also ordered the members of the interim committee to render accounts to the appellants as well as hand over any party property in their possession.
It further restrained the interim committee from interfering with the functions of the appellants.
The Court of Appeal was giving its ruling in an appeal filed by the appellants against a decision by the High Court to set aside its earlier decision which gave the appellants mandate to hold office.
The High Court had on December 21, 2007 argued that the appellants removal from office contravened the Constitution of the NPP, and accordingly granted their application for interim injunction to restrain the regional executives from interfering in their work.
However, the High Court presided over by Mr Justice Kwame Ansu-Gyeabour in February 2008 vacated its order on the grounds that the respondents apart from the Ashanti Regional Chairman, who were initially not party to the suit, also claimed they had been elected as executives of the constituency and for that matter triable issues had been raised.
Consequently, the appellants appealed against the High Court’s decision to which the Court of Appeal upheld their objections against the lower court’s decision.
Citing authorities, the court held that although, the seven respondents had not entered appearance and filed their appearance, “..., the learned trial judge purported to determine certain issues, and made some erroneous findings showing that he was confused and manifestly biased in favour of the respondents.”
Earlier in the trial, the Court of Appeal gave parties the opportunity to resolve their differences but that did not materialise thereby prompting it to give its ruling.

Friday, March 13, 2009

Kosmos Energy makes more oil discovery

Wednesday, March 11, 2009 (Back Page)

KOSMOS Energy has discovered more oil in the Tano Basin offshore the Deepwater Tano Block in the Western Region.
The find, dubbed “Tweneboa-1 well”, contains a light hydrocarbon accumulation continuing the company’s serial oil-finding exploration success.
“We have been fortunate to make another major hydrocarbon discovery offshore Ghana. We estimate our four discoveries to date account for a possible recoverable resource base of several billion barrels of oil and several trillion cubic feet of natural gas,” the Chief Operating Officer of Kosmos Energy, Mr Brian F. Maxted, stated in a news release issued in Dallas, Texas, and made available to the Daily Graphic.
The quality of oil found is similar to large quantities of oil found in the Jubilee Field in the West Cape Three Points also in the Western Region.
It said the Tweneboa-1 well was drilled by the “Eirik Raude”, semi-submersible rig, one of the largest oil rigs in the world, which is in a water depth of 1,148 meters.
The well, which is located approximately 25 kilometres west of the Northwest of Kosmos’ jubilee oil field on the adjacent West cape Three Points Block, is being deepened to test new straigraphy and is targeted to reach a total depth of 4,015 meters.”
The release said the Tweneboa-1 well is the seventh consecutive successful well Kosmos Energy and its partners had drilled on the West Cape Three Points Block since the middle of 2007.
“The Mahogany-1 exploration well discovered the Jubilee field, which was announced in June 2007; the Odun-1 exploration well discovered by the Odum Field, which was announced in February 2008; and the Mahogany-3 well discovered by the Mahogany Deep Field, which was announced in January 2009,” the release said.
Mr Brain Maxted said “together, our four discoveries have opened the Upper Cretaceous hydrocarbon fairway of the Tano Basin, which includes three principal trends-Jubilee, Odum and Tweneboa-1 on the two blocks.”
With the Tweneboa-1 well, which made Kosmos’ fourth substantial discovery in less than two years, we have preserved our 100 percent success rate for all the exploration and appraisal wells we have drilled to date offshore Ghana,” said
“Importantly, these discoveries not only confirm the existence of a giant and new petroleum system, but have also demonstrated our ability to successfully explore it and substantially de-risk the sizeable remaining exploration portfolio on West Cape Three Points and the Deepwater Tano Blocks,” Mr Maxted added.
The release also quoted the Chairman and Chief Executive Officer of Kosmos Energy, Mr James C. Musselman, as stating that “there is a risk-adjudged multi-billion barrel oil-equivalent exploration inventory that we have yet to drill”.
“Our Ghanaian assets have gained significant value due to the successful value of the wells we have drilled to date, and it is likely that their value will increase quickly and considerably as we pursue an aggressive exploration, appraisal and development drilling programme”.
Along with its block partners, Kosmos Energy plans to execute an exploration and appraisal programme on its Ghanaian acreage during 2009, including the appraisal of the company’s 2009 discoveries, Tweneboa and Mahogany Deep, and the full appraisal and initial development of the jubilee Field.
Kosmos Energy and its partners are expected to spend $3 billion between now and the first quarter of 2010, while a total of $5 billion would be spent on the project.
The company’s oil discovery in June 2007 is the largest discovery in the world in the past 12 months and the largest in West Africa in the last 10 years.
Tests have proved that oil discovered is among the finest in the world.

Chinese prostitutes testify in court

Wednesday, March 11, 2009 (Page 3 Lead)

MORE Chinese young women who were forced into prostitution have testified at the Circuit Court in Accra concerning the bitter experiences they endured at the hands of their compatriots in the past year.
The victims, who trembled anytime they recounted the harrowing experiences they had had with men, pleaded with the court to protect them.
According to them, they feared they would be killed by the accused persons, who are believed to be members of a West African human trafficking syndicate.
So far, six girls, who said they hailed from very poor families in China, have testified in the case in which James Xu Jin, 41, said to be the ringleader, his wife, Chou Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with conspiracy and human trafficking and have pleaded not guilty to all the charges.
All the six were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day. They also said they relied on tips from their clients for survival, among many challenges.
They were led to give their evidence-in-chief by an Assistant Superintendent of Police (ASP), Ms Mary Agbozo, in the chambers of the trial judge, Mrs Elizabeth Ankomah.
The matter was heard in the judge’s chambers to allay the intense fear of the girls.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
According to the girls, Jin received payments of $50 an hour or $70 or more for a night, while they either had sex with men at Jin’s brothel, called “Peach Blossom Palace”, situated at Agyemang, La in Accra, or slept in hotels with the men who were mostly Indians, Chinese and Lebanese.
According to the victims, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
They said they had no choice but to painfully agree to have sex for money when they realised that they had been deceived into believing they were to assist in a restaurant business because they did not have passports, did not know where to seek help, had debts to pay, among many challenges.
Heaps of condoms, contraceptives and other pills believed to facilitate their sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witnesses said they did not enjoy prostituting. They also stated that they wanted to be taken back home.
An investigative journalist, Mr Anas Armeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, has given evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.

Tuesday, March 10, 2009

Chinese woman gives evidence against traffickers

Monday, March 9, 2009 (Page 3 Second Lead)

AN 18-year-old Chinese woman on Saturday trembled in fear when she came face to face with her alleged “sex slave masters” when she appeared before the Accra Circuit Court to narrate how she was forced into prostitution by her compatriots who are believed to be part of a West African human trafficking ring.
The victim, who said she hailed from a poor family and had an ailing father, informed the court that she had sex with an average of three men a day, while her boss, James Xu Jin, 41, received either $40 for an hour or $70 for a full night.
The girl (name withheld), who wept throughout her testimony and intermittently begged the judge to protect her, said she was beaten by Jin anytime she refused to have sex with men who had paid him.
She said her passport and those of other girls in the brothel were seized by Jin, while they were told that they would be made to pay a penalty of $50 a day or $1,500 each time they refused to offer sex.
She also stated that only foreign nationals, particularly Lebanese, Indians and Chinese, patronised the brothel, called “Peach Blossom Palace” situated at Agyemang, La in Accra, and which was owned by Jin.
According to the victim, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
Earlier, she had coiled and hidden herself inside the witness box when she was called to testify, signifying with her hands to the judge that the accused persons would slit her throat if she spoke.
Her intense fear prompted the trial judge, Mrs Elizabeth Ankomah, to hear the matter in her chambers, in the presence of journalists, prosecutors, court clerks and lawyers of the accused persons.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
Journalists were allowed into the chambers to cover the harrowing experience of the victim and another on how they were deceived by the accused persons back home in China into believing that they were to assist in a restaurant business in Accra.
The accused persons, Jin, said to be the ringleader, his wife, Chow Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with two counts of conspiracy and human trafficking and have pleaded not guilty to all the charges.
The 18-year-old victim got very pensive and intensely sad anytime she recounted her sexual encounters with men and stated on countless times that she did not like what she had gone through.
According to her, Chow was her neighbour back home in China and she had approached her (victim’s) family in 2007 with the claim that she (Chow) had opened a restaurant in Ghana and needed her (victim) to help her and Jin to operate the restaurant.
She had earlier informed the court that her parents got involved in an accident and that in the process, her father sustained severe injury in the legs and, therefore, needed money to undergo surgery.
She explained that she had to drop out of school and raise money for her father’s surgery and to assist him.
The victim informed the court that as a result of the difficulties her family faced and the mounting debt associated with the difficulties, she agreed to accompany Jin and his wife to Ghana to work in their restaurant.
She said she was, however, greeted with shock when it happened that Jin and his wife operated a brothel and not a restaurant.
She told the court that when she arrived in Ghana in December 2007, she refused to participate in prostitution and demanded to be sent back home but Jin informed her that she owed him $6,000, being payments for her passport, air ticket and other travel arrangements.
The victim told the court that Jin said he would allow her to go back to China if she agreed to have sex with men who patronised the brothel to eventually pay off her debt, adding that Zifan also dropped her off twice at another hotel to meet clients and received payments on Jin’s behalf.
According to her, she had no choice but to painfully agree to have sex for money because she did not have a passport, did not know where to seek help, had a debt to pay in connection with the loan she took to assist her father undergo surgery, among many difficulties.
Heaps of condoms, contraceptives and other pills believed to facilitate her sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witness told the court that she could not tell her parents she was prostituting because it was a disgrace.
She said she knew the brothel was close to the La Police Station but could not report her ordeal because she feared for her life and that of her family back in China.
Another victim, a 36-year-old mother of a child with a brain tumour, narrated a similar ordeal she had undergone in the hands of Jin.
An ace investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Hearing continues today.

Court orders remand of J. B. Plaza MD

Monday, March 9, 2009 (Page 3 Lead)

THE Financial Division of the High Court in Accra has remanded Mr Kojo Bekoe, the chairman of JB Plaza Limited, a real estate company, in the Nsawam Prison until he fulfils his bail bond in a GH¢500,000 suit filed against him by an Accra-based businesswoman.
The businesswoman, Madam Darling Tuffour, filed a writ praying the court to order Mr Bekoe and his company, J. B. Plaza Limited in Accra, to pay his GH¢500,000 indebtedness and accruing interest on it.
Madam Tuffour is also praying the court to award general damages for breach of contract, as well as award costs against the defendant.
She later filed an ex-parte motion praying the court to issue an absconding warrant for the arrest of Mr Bekoe, who she argued was about to leave the country with the view of evading his obligations to the court.
The court granted her application and subsequently issued a bench warrant for his arrest.
Mr Bekoe was arrested and granted bail in the sum of GH¢600,000 with one surety to be justified.
He was also ordered to deposit GH¢100,000 as guarantee before he could travel outside the country.
He, however, failed to fulfil the bail bond compelling Madam Tuffour to file another ex-parte motion with the explanation that the defendant was not in custody, although he had not fulfilled his bail bond.
She also stated that the police and bailiffs had other obligations and could not follow the defendant anywhere he went and therefore prayed the court to remand him in prison custody.
In the substantive writ, Madam Tuffour averred that sometime between 2005 and 2008 at the request of the defendants she advanced various sums of money both cash and cheques totalling GH¢500,000 to the defendants through Mr Bekoe to enable the company to invest in its real estate business.
The plaintiff said per the agreement entered into with the defendants, the defendants agreed to pay interest on the various sums of money received from the plaintiff at 20 per cent per month.
The plaintiff further averred that in pursuance of the agreement entered into with the defendants, she contracted various loans from her business associates to meet the financial demands of the defendants.
Madam Tuffour further stated that in response to her demand for payment, the defendants by a signed letter dated September 5, 2008 offered some of their properties at a discounted total value of GH¢500,000.00, the amount owed.
According to her, the defendants have failed, refused and or neglected to retire their indebtedness owed to the plaintiff despite repeated demands.
She added that she had suffered and continued to suffer loses as a result of the failure of the defendants to honour their debt obligations.

Friday, March 6, 2009

Taxi driver jailed for stealing

Saturday, February 28, 2009 (Page 22 - MIRROR)

THE Accra Circuit Court has sentenced a driver who steals taxis at night and works with them till morning to four years imprisonment with hard labour.
Okai Laryea, 31, in whose possession keys of more than a dozen cars were found, was believed to have stolen the cars deep in the night, worked with them until he exhausted the fuel and later abandoned them.
In this instance, the convict illegally worked with the taxi for two days and enjoyed proceeds from it.
He was convicted on his own plea of guilt to one count of stealing.
According to the Osu District Commander, Assistant Superintendent of Police, Mr Peter Yembilla, the convict was arrested at La Apapa, where he parked the taxi with registration number GR 2705 V.
The original driver, Mr Akortey Divine, had earlier reported to the Osu Police that his taxi had been stolen after a day’s work.
The complainant had informed the police that he parked at his residence in Osu RE on February 17, 2009, but did not find it the following morning.
He subsequently reported the matter to the Osu Police after which an announcement was made through the media.
After the announcement, a witness called the complainant and claimed the car had been spotted at La Apapa.
The complainant in turn informed the police about the call he had received from the witness.
The police, therefore, followed up and arrested Laryea at his residence and later observed that Laryea had exhausted all the fuel in the vehicle.
When questioned, Laryea told the police that a youngman by the name Emma brought the vehicle to him to work with.
He informed the police he did not know Emma’s residence and further claimed that Emma had instructed him to work only in the night.
Laryea also claimed that he had given the money that was accrued from the services of the taxi to Emma.
He, however, failed to lead the police to effect the arrest of Emma.
According to ASP Yembilla, different car keys were also found in the suspect’s room during a search.

Bail for three policemen revoked

Friday, March 6, 2009 (Page 29 Lead)

THE bail granted to three police officers who are alleged to have robbed a businessman at a hotel in Accra has been revoked.
The three, who were each granted bail in the sum of GH¢10,000 with two sureties, have been re-arrested on the orders of the acting Inspector-General of Police and arraigned before another circuit court charged with conspiracy and robbery.
DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu and Sergeant John Agyapong had earlier been charged with conspiracy, unlawful entry and stealing but the charges have been substituted with conspiracy and robbery.
Their pleas were not taken and they were remanded to appear again on March 12, 2009.
The court, presided over by Mr Mahamadu Iddrisu, had, on February 26, 2009, remanded six others connected with the case and they were also expected to appear again on March 12, 2009.
The six are Lawrence Dennis Quansah, Constable Benjamin Blejumah, Hans Amanor, Peter Amanor, Kwasi Tawiah and Bismark Ampofo.
Meanwhile, Lance Corporal Karimu Muntari and another only known as Jeffrey, alias K, together with two unidentified others, are on the run.
The accused persons were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000, GH¢2,000, a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a Standard Chartered Bank cheque book, all valued at $4,000.
At the court’s sitting in Accra last Tuesday, the judge enquired from the prosecution why the three were not attached to the six who are already on remand.
The prosecutor, Assistant Superintendent of Police Mr George Abavelim, explained that the case had now been assigned to him.
He, therefore, prayed the court to remand the accused persons while investigations continued.
Counsel for the accused persons had prayed the court to grant them bail but the court declined and remanded them in custody.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years, had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold, but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
Just before the transaction could start, Amanor asked to be excused to go into his car which was parked at the hotel car park to fetch a chemical to confirm the substance as gold.
No sooner had Amanor left the hotel room than Mr Duah received a telephone call from the hotel's reception that some heavily armed policemen were looking for him.
Mr Duah, according to the source, tried to open the door but realised that it had been locked from outside and the key taken away.
Suddenly, one of the two men, later identified as Kwame Attah, alias K, who was supposed to be holding the bag of gold, drew a pistol and threatened to kill Mr Duah if he did not surrender all the money on him.
At that point, Mr Duah was said to have hit the hand of the gunman and the weapon dropped. He managed to escape through the window of his hotel room, only to be pounced upon outside by six policemen, all wielding guns.
Chief Inspector Adu was said to have given the victim a slap, after which he ordered his boys who had no name tags or police numbers on their uniforms to drag him into a waiting Mercedes Benz car.
The other vehicles were a red Toyota Corolla, with registration number GS 2119 Z, and a red Dodge Durango pick-up, with temporary registration number DV 4951 and which was driven by Kwame Attah.
According to the report, before they violently dragged Mr Duah into the car, the accused persons and their accomplices conducted a body search on him and took away the cash and items on him.
The policemen also ransacked his hotel room, taking away the other items.
According to security sources, instead of taking Mr Duah to the police station, Chief Inspector Adu drove the victim to a drinking spot at the Tesano Police Depot in Accra.
From there, the victim, who was said to be bleeding profusely from the assault, was taken to DSP Kwapong at the Police Depot, who directed Kwame Attah to place three wrapped materials on the victim’s laps and take a photograph of him.
The police, in addition, allegedly demanded $30,000 from the victim or have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot from where Amanor picked him up back to his hotel and a report lodged the following day at the Central Police Station, Accra.

Court sets April 1 to rule on Lotto operators case

Friday, March 6, 2009 (Page 20 Lead)

THE Accra Fast Track High Court will on Wednesday, April 1, 2009 decide whether or not to stay execution of the outlaw of private lotto pending the outcome of an appeal filed by the Ghana Lotto Operators Association (GLOA).
The court fixed the date for ruling after it heard arguments from lawyers for the GLOA and the National Lottery Authority (NLA) after the matter was referred to the court on the orders of the Supreme Court.
The Supreme Court had on February 12, 2009 quashed the dismissal of an application for stay of execution of the outlaw of private lotto following the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
GLOA filed an application for stay of execution of the Fast Track High Court’s ruling which outlawed private lotto, pending the outcome of an appeal, but the court, on November 4, 2008, dismissed it with the reason that “the applicants did not assert their rights to free market activity”.
Not satisfied with the processes which led to the court’s decision, the applicants, namely, the GLOA, consisting of 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 to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s decision.
The Supreme Court after listening to parties in the case accordingly ordered that the application should be put before another judge for urgent consideration.
In a unanimous decision, the court held that the trial judge, Mr Justice K. A. Ofori-Atta, overstepped his boundaries when he heard the application for injunction at a time when there had been no order of transfer from the Chief Justice.
At the Fast Track High Court’s sitting in Accra counsel for the GLOA, Mr Aurelius Awuku, said there was a deliberate effort on the part of the NLA to prevent the GLOA from getting a licence to operate.
He also prayed the court to look into the Supreme Court’s ruling on July 23, 2008 which declared that “the analysis by the defendant (NLA) is largely correct except that the plaintiffs are not at the mercy of the state in seeking to participate in the state regulated lottery industry. The licensing regime has to conform to the standards set in Article 296 of the Constitution”.
The Supreme Court further ruled that “the National Lottery Authority has a duty to be fair and candid in allocating licences to those who wish to participate in the lottery business.”
According to counsel, the applicants had a right to operate private lotto, adding that it was important for the court to look into those issues while deciding whether or not to stay proceedings pending the outcome of the appeal.
Replying, counsel for the NLA, Mr Kizito Beyuo, said the Supreme Court had maintained that the Lotto Act was constitutional and must be complied with by the applicants.
He said the Act was effective in 2006, adding that exhibits available showed that apart from the applicants initial registration, they did not procure licence to operate.
Mr Beyuo stated that the GLOA had no locus at all, arguing that it was only an organisation set up to protect the interest of private lotto operators.
He further argued that the applicants had shifted from the substance of the case and for that matter the court should not entertain the application.
In the application for injunction pending the outcome of the appeal, the applicants argued that the court’s outlaw of private lotto was wrong in law and an improper exercise of discretion”.
According to the applicants , "the subsequent dismissal of our action raises serious questions of law and fact which would have to be considered by the appellate court".
An affidavit in support of their motion for stay of execution stated that the ruling of the Fast Track High Court had the potential of folding up the business of the plaintiffs, which, it said "would be irreparable in the likely event that the appellate court reverses the wrongful ruling".
It said the appeal, which was likely to succeed, touched on the fundamental human rights of the plaintiffs and accordingly prayed the court to restrain the NLA from interfering with the work or property rights of the plaintiffs, pending the determination of the appeal.
According to the applicants the Supreme Court recognised that the plaintiffs were not at the mercy of the state in seeking to participate in the state regulated lottery industry.
It further argued that the Supreme Court never said the plaintiffs could not participate in the state regulated lottery industry.
They further argued that the trial judge erred in law by summarily dismissing an action which concerned their fundamental human rights.
They said the trial judge failed in his duty to give them a fair hearing in a case involving serious issues of fact and several pieces of evidence.
The applicant/ appellants are, therefore, praying for an order to set aside the ruling of the trial court, as well as an order to restore the their action for it to be determined on the merits after a proper hearing.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
It had sued the NLA and maintained that its rights to free market activity had been impinged upon by the NLA, following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.

Tuesday, March 3, 2009

Court rejects Amega's leadership of ARS

February 27, 2009 (Page 3 Lead)

A six-year-old legal battle between an octogenarian and 12 apostles of the Apostles Revelation Society (ARS), was yesterday brought to an end, when the Accra Fast Track High Court ruled against the octogenarian remaining in office as leader of the church.
The court also declined to allow the octogenarian, Apostle James Amega, to perform the functions of leader of the ARS.
The legal tussle, which began in December, 2003, has gone through the hands of different judges but it finally rested on Mr Justice K. A. Ofori-Atta to pass judgement yesterday.
Apostle Amega, 90, sued 12 apostles of the ARS, including Reverend Apostles A. N. Tehn-Addy, C. K. M. Dorvlo, L. K. Nutsuako, O. K. Gbeku, M. Akunor and C. K. Attipoe, praying the court to set aside his purported removal on August 23, 2002, as well as any subsequent one, for breach of natural justice and due process.
The other defendants in the case were Reverend Apostles J. G. Fummey, I. K. Axorlu, R. K. Zenegba, C. M. Gbeku, R. K. Akpenyo and F. S. K. Kuadey.
Two of the defendants, namely, Reverend Apostles Gbeku and Kuadey, died in the course of the trial.
The name of a third plaintiff, Mr Dickson Owusu Abrokwah, was struck out of the case in the course of the trial because the court held that he had no course of action.
The plaintiff had also prayed the court to grant a perpetual injunction to restrain the defendants and their agents from interfering with his right to perform the functions of a leader, in accordance with the constitution, by-laws and regulations of the ARS, but the court dismissed the entire application.
It awarded costs of GH¢3,000 in favour of the defendants, who jubilated after the court’s decision.
Citing authorities to buttress the court’s decision, Mr Justice Ofori-Atta held that so long as the plaintiff was appointed by the College of Apostles, made up of the defendants, the college had the right to remove him from office.
The court also held that the processes that had brought Apostle Amega to power were invalid and that he was only elected to fill the vacuum after the Founder and Leader of the church, Mawu Fe Ame, C. K. N. Wovenu, had passed away on April 10, 1999.
It also held that the plaintiff failed to convince the court that he had been unfairly treated by the defendants.
The court, accordingly, upheld the objection raised by the defendants and dismissed the plaintiff’s suit.
In his statement of claim, the plaintiff had stated that the defendants had usurped and undermined his authority as leader of the church by revoking him as the leader, ordaining elders without his consent, adulterating his tenets, appointing new regional superintendent ministers and other ministers without going through laid down processes, among others.
However, the defendants denied the claims by the plaintiff and stated that he had no capacity to institute the action.
They also claimed that the plaintiff resorted to arbitrariness, high-handedness and divisiveness in the conduct of affairs immediately after he had been appointed leader of the church.
According to them, the plaintiff did not heed to their protests, for which reason they revoked his appointment through a letter dated August 23, 2002.
The defendants said the College of Apostles rescinded its decision after several interventions on behalf of the plaintiff and reinstated him.
They argued that contrary to their belief that the plaintiff would not resort to his arbitrariness, he became more intransigent and offensive in his conduct and consequently he was removed from office on February 6, 2003 as leader and chairman of the church.