Monday, May 31, 2010

'Halt plans on C'wealth Hall until ...'

Saturday, May 29, 2010 (Page 3 Lead)

THE Fast Track High Court yesterday advised the authorities of the University of Ghana to halt plans to convert the all-male Commonwealth Hall into a mixed gender hall until the final determination of a suit brought against the university and two others by four executive members of the hall.
The presiding judge, Mr Justice K. A. Ofori, gave the advice after he adjourned proceedings to June 15, 2010 to make it possible for Prof. Kwesi Yankah, the Pro-Vice Chancellor of the university, who has also been sued by the students, to be served with the writ of summons.
Counsel for the university, which was sued alongside the Executive Committee of the university and the Pro-Vice Chancellor of the university, Mr Ace Anan Ankomah, assured the court that the defendants would take a cue from the court’s advice and desist from doing anything that would warrant their being cited for contempt of court.
Prof. Yankah was also directed to respond to the writ of summons before the next adjourned date to enable parties to argue their case to pave way for ruling on the matter in which the four executive members of Commonwealth Hall have, on behalf of more than 4000 students, dragged the university to the court following the decision of the university to convert the all-male hall into a graduate mixed gender hall.
The executive members are praying the court to restrain the defendants from going ahead with their plan to convert the all-male hall into a mixed graduate gender hall.
The plaintiffs are Joshua Laari, hall president; Emmanuel Nketia, vice-president; Frederick Owusu Prempeh, treasurer, and Kofi Asante Sampong, secretary.
According to the plaintiffs, “unless urgently restrained by this honourable court, the defendants will proceed with their unlawful, illegal and unconstitutional intentions and actions to frustrate and deprive the plaintiffs of their legal and constitutional rights,” but the defendants have denied any wrongdoing and described the action as “misconceived and premature”.
At the court’s sitting yesterday, Mr Ankomah informed the court that the university filed an affidavit in opposition to the plaintiffs’ suit in the morning, but the lead counsel for the plaintiffs, Nana Ato Dadzie, said he had not received copies of the affidavit.
The court also stated that it had not received a copy of the affidavit and directed that steps must be taken to ensure that the plaintiffs and the court received their copies.
A large number of present and past members of the hall thronged the court premises clad in red attire and armbands to signify their objection to the university’s plans.
In the substantive matter, the plaintiffs claim that the decision of the defendants violated the Constitution to the extent that “the same amounts to an unfair and unreasonable exercise of administrative power”.
The plaintiffs are accordingly praying the court to declare that per Section 46 (2) of the statutes of the university which was still in force, the Commonwealth Hall was an all-male hall of residence.
They are also praying the court to declare that the decision by the defendants was a flagrant abuse of the basic rules of natural justice, disregard of the statutes of the university and null and void.
The students, who said their pleas to the authorities to intervene in the matter had not yielded any positive results, are also praying for a declaration that Commonwealth Hall as a hall did not participate in events which were considered disgraceful by university authorities on March 13, 2010.
They are also seeking a further declaration that Prof. Yankah by his conduct and comments was obviously biased and prejudiced against the plaintiffs and his participation in the decision to convert Commonwealth Hall into a graduate mixed gender hall of residence was contrary to the basic rules of natural justice.
An affidavit in opposition filed by the defendants stated among other things that an unruly mob of students from the precincts of the Commonwealth Hall gathered in front of the central cafeteria on March 13, 2010 and blocked the official procession of the University Council and senior members which was yet to begin and physically prevented it from moving towards the ceremony grounds.
“They harassed the participants in the official procession and other persons moving towards the ceremony grounds forcing them to retreat. They continued to harass and intimidate, even when the 1st Defendant’s Chancellor, His Excellency Busumuru Kofi Annan, arrived with his entourage, compelling them also to retreat and return after the mob had dispersed,” the affidavit pointed out.
It said “even though the university’s officials demanded that the students allow the official possession to pass, they refused and insisted on carrying out certain ‘rituals’ before allowing the official procession to re-group and pass, which effectively delayed the procession and consequently the graduation ceremony itself”.
According to the defendants, the Executive Committee of the Academic Board, which is chaired by the vice chancellor, met to discuss the March 13, 2010 incident, and decided among other things to convert Commonwealth Hall into a graduate and mixed gender hall of residence, thereby endorsing the vice chancellor’s determination.
They further argued that the University Council met on May 13 and 14, 2010 and agreed by consensus that Commonwealth Hall would be converted into a graduate mixed gender hall effective from the beginning of the 2010/2011 academic year, adding that “it is perfectly within the purview of the University Council’s authority to make the decision to convert Commonwealth Hall into a graduate and mixed gender hall”.
They further argued that the decision to restructure the composition of Commonwealth Hall was neither illegal nor unconstitutional as the university fully complied with and intended to comply with the relevant laws and regulations and to carry out same within the confines of its authority.
According to the defendants, the university had, prior to the March 13, 2010 incident, been deliberating on how to prevent the rowdy, ritualistic behaviour and hooliganism Commonwealth Hall had increasingly become notorious for, adding, “The University has a duty to maintain its image which has been increasingly tarnished by the incessantly bad behaviour of the members of the Commonwealth Hall, protect other students, its properties and generally maintain a conducive atmosphere for both staff and students.”

Fulfil campaign promise – GLOA

Friday, May 28, 2010 (Page 19)

THE Ghana Lotto Operators Association (GLOA) has expressed its disappointment at the NDC government’s laxity in fulfilling its campaign promise to put its members back into business on assumption of power.
According to the association, more than 500,000 of its members were currently out of business and, to make matters worse, the National Lottery Authority (NLA) was currently using the police to harass and intimidate them, some of whom were currently in detention.
At a heavily attended press conference to express the association’s dismay at what it termed as “failed promises”, the General Secretary of the GLOA, Mr Seth Amoani, reminded President J.E.A. Mills of his campaign promises assuring the association that he would ensure that its members were put back in business when he was voted into power.
According to him, after almost two clear years in office, the government appeared not to be in any position to assist the association to put its members back into business.
The association also described as a sham the NLA’s claims to provide jobs which it had woefully failed to do, thereby “looking for scapegoats to explain its ineptitude and failure”.
According to GLOA, the National Lotto Act (Act 722) which outlawed private lotto business in the country was a bad law because it forcibly destroyed businesses and rudely liquidated the lawful investments made in the lotto industry by their members.
It, therefore, pleaded with “the good conscience of government not to entertain cases involving the unlawful arrests, detention and trial of lotto agents under the law in contention”, especially when the association was doing everything within its power to engage the government in talks.
It further expressed its disappointment at the government’s failure to exercise its lawful authority under Section 2 (4) of the National Lotto Act, 2006 (Act 722) to consider the operations of GLOA, as considered by the Parliament of Ghana.
Section 2 (4) of Act 722 indicates that “the authority may, in consultation with the minister, operate any other game of chance or enter into collaboration, partnership or joint venture with any person, society, association or corporate entity, to operate a game of chance in accordance with existing laws, but losses from the game of chance, the collaboration, partnership or joint venture shall be compensated for by the State or from the Lotto Account provided for under Section 32”.
The GLOA stated that that particular section provided for the participation of the private sector in the lotto industry, adding that “a careful reading of proceedings in Parliament attests to this”.
“Therefore, the GLOA is not asking for what it does not deserve but only insisting that the right action is taken by the NDC government under this provision to secure private investments made in the lotto industry over the years,” Mr Amoani pointed out on behalf of GLOA.
Mr Amoani, on behalf of the association, also accused the leadership of the NLA of incompetence and, accordingly, called for its removal.
The Supreme Court, on July 22, 2009, quashed an order by the Accra Fast Track High Court which gave the nod to private lotto operators to operate in the country and maintained that the lower court exceeded its authority by allowing the applicants to operate private lotto business in the country.
The members of the association include Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises.

Friday, May 28, 2010

Court issues ultimatum to BNI Director

Friday, May 28, 2010 (Page 3 Lead)

THE Human Rights Court has threatened to issue a bench warrant for the arrest of the Director of the Bureau of National Investigations (BNI) if he fails to appear before it on June 24, 2010 to answer contempt charges levelled against him by a former Minister of Information, Mr Stephen Asamoah-Boateng, and his family.
The court held that the BNI Director, Mr Yaw Donkor, had, on numerous occasions, failed to appear before it, thereby creating the impression that he was not answerable to the court.
“If he fails to appear on the next adjourned date, I will have no option but to issue a bench warrant for his arrest,” the presiding judge, Mr Justice U.P. Dery, ruled.
Two other respondents, Josephine Gandawiri and Stephen Abrokwa, who were sued alongside Mr Donkor for preventing the applicants from travelling outside the country on two occasions without recourse to a court order, will also face the wrath of the court if they fail to appear on the next adjourned date.
The court, accordingly, adjourned the matter to June 24, 2010.
Mr Justice Dery’s ruling stemmed from the expression of dismay at the continuous failure of Mr Donkor to appear before the court by counsel for the applicants, Nene Amegatcher.
According to counsel, that attitude had the tendency to bring the administration of justice into disrepute.
He, therefore, prayed the court to issue a bench warrant for the arrest of the respondents if they failed to appear on the next adjourned date.
He further suggested that the prosecution give an undertaking to the effect that it would ensure the appearance of the three on the next adjourned date.
“If, on the next adjourned date, the respondents refuse to appear, we will have no option but to apply for the cohesive force of the court to be applied,” Nene Amegatcher suggested.
However, a Chief State Attorney, Mrs Helen Kwawukume, said she could undertake on behalf of the other respondents but not Mr Donkor because she had never set eyes on him.
According to her, Mr Donkor was on a national assignment, attending to the Bunkprugu/Yoyoo conflict situation which resulted in a refugee situation in neighbouring Togo.
Touching on the absence of the other two respondents, Mrs Kwawukume explained that she had earlier spoken to them and they had indicated their readiness to appear before the court yesterday and so she could not state why they were absent.
Responding, Nene Amegatcher said it was untenable for Mrs Kwawukume to state that she could only undertake on behalf of the two respondents because she was counsel for all three respondents.
Mr Asamoah-Boateng and his wife, Zuleika, were present in court.
The need for Mr Donkor and the two other respondents to appear in person emanated from an October 29, 2009 ruling delivered by Mr Justice Dery, who declined to grant a request by the A-G’s Department for the court to hear the matter in camera in order to protect the identities of the respondents.
The High Court had ruled that it had carefully studied the Securities and Intelligence Act (Act 526), which clearly spells out the rights of the police and the BNI as the same and for that reason “the BNI cannot be given special treatment”. The state appealed against the High Court’s decision but the appeal was thrown out by the Court of Appeal on December 15, 2009, making it mandatory for the three to appear in open court to answer contempt charges.
The contempt action was instituted when the four applicants were prevented from travelling outside the country on June 14, 2009 without any court order or warrant, following which they filed an application seeking an injunction to restrain the BNI from further preventing them from travelling without a court order.
While the application was pending, the applicants claimed the BNI again disregarded the action and prevented them from travelling on another date.

Thursday, May 27, 2010

Court orders destruction of cocaine

Thursday, May 27, 2010 (Page 51)

THE Accra Fast Track High Court yesterday ordered the destruction of the 4.9 kilogrammes of cocaine found on the Chief Executive of the Exopa Modelling Agency, Ibrahim Sima.
It ordered that the destruction of the drug, which the prosecutor described as “75 per cent pure”, should be carried out in the presence of the Registrar of the Fast Track High Court, the prosecution, officials from the Ghana Standards Board (GSB) and the police.
The court, presided over by Mr Justice Charles Quist, gave the order after a Chief State Attorney, Mr George Ofori, had prayed the court to order the destruction of the narcotic drug after it had been tendered in evidence by an investigator in the case.
Based on another request by counsel for the accused person, Mr James Agalga, the court further ordered that a reasonable amount of the drug must be kept to enable Mr Agalga to cross-examine the prosecution witness on it.
It further ordered that the personal effects of the accused person which had earlier been tendered in evidence must be returned to him.
Sima, 39, was arrested at the Kotoka International Airport on September 7, 2009 after security officials had found three tubers of yam containing cocaine in his baggage while he was going through departure formalities for a trip to Germany.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority and is currently in prison custody.
Earlier, an investigator at the Narcotics Control Board (NACOB), Mr Samuel Anabah, had tendered in evidence a report from the GSB, which conducted an analysis on the substance found in three tubers of yam concealed in Sima’s luggage.
Mr Anabah, who said the substance tested positive for cocaine and gave its weight as 4,943 grammes, also tendered the scraper which was used to scoop the three tubers of yam before they were stuffed with the cocaine.
He also tendered in evidence the super glue which was used to seal the yams after they had been stuffed.
Twenty two slices of scooped yam which were recovered from Sima’s residence were also tendered in evidence, while his airline ticket, his German passport and a letter from the Ghana Immigration Service (GIS) which highlighted the travelling history of the accused person were also tendered in evidence.
A letter from the Passport Office, which indicated that the accused person had once wielded a Ghanaian passport, was also tendered in evidence by Mr Anabah, who was giving his evidence-in-chief.
Mr Anabah said he had been part of the team that entered Sima’s house after his arrest and indicated that Sima had stated during interrogation that he needed money to pay off the models he had hired to perform a fashion show he had been contracted to perform.
According to the witness, Sima told him that the sponsors of the show had promised to pay him $100,000 but the company ended up paying him a paltry sum of GH¢2,000, thereby making it impossible for him to pay off the models he had hired for the show.
Mr Anabah said Sima further informed him that he (Sima) had bought the yams on the Graphic Road but he could not identify the person who had sold them to him when investigators led him to that part of town.
During cross-examination from counsel for the accused person, Mr Anabah denied an assertion by counsel that Mr Kwame Akuffo, who was then legal counsel for Sima, had been hounded out of the offices of NACOB while Sima was being interrogated.
Hearing continues on June 3, 2010.

Judge declines jurisdiction • Over Ghana@50 case

Thursday, May 7, 2010 (Page 3 Lead)

THE High Court judge designated by the Chief Justice to hear the case involving a former Chief of Staff and Chairman of the National Planning Committee (NPC) of the Ghana@50 celebrations, Kwadwo Mpiani, and the former Chief Executive Officer of the Ghana@50 Secretariat, Dr Charles Wereko-Brobby, yesterday declined jurisdiction over the case.
Mr Justice Charles Quist, who said he was excusing himself from the case in which the two have been charged on four counts of wilfully causing financial loss to the state, explained that his spouse, who is a lawyer by profession, had once worked under Dr Wereko-Brobby when he was the Chief Executive Officer of the Volta River Authority (VRA).
“I am disclosing for the record that A1, Dr Charles Wereko-Brobby, when he was Chief Executive Officer of VRA, worked with my spouse and, therefore, my impartiality might be reasonably questioned during or after the trial of the case,” he said.
Citing sections of the Code of Conduct for Judges and Magistrates to support his decision, Mr Justice Quist held that a judge shall disqualify himself if his impartiality might be questioned before, during or after a trial by reason of his or his family’s affiliation with an accused person in a case, among others.
“I am respectfully referring the case to the Chief Justice to transfer it to another court,” he added, thereby bringing the case, which was called around 10:16 a.m., to an end at 10:41 a.m.
In effect, the Chief Justice is expected to appoint another judge to hear the matter.
A new date is expected to be fixed for hearing the matter which, as it stands now, is adjourned indefinitely.
Meanwhile, the accused persons, who have pleaded not guilty to four counts of wilfully causing financial loss to the state, have filed an application praying the Fast Track High Court to strike out the case against them.
According to their lawyers, Messrs Yonny Kulendi and Akoto Ampaw, the prosecution of their clients was premature because the accused persons must be allowed to exhaust their right to appeal against the findings of the Ghana@50 Commission of Enquiry.
They are further arguing that since the findings of the Commission of Enquiry were equivalent to a High Court judgement, the High Court could not be called upon again to make another finding on the same matter and for that reason the prosecution of the accused persons was unlawful and an abuse of their fundamental human rights, as enshrined in the 1992 Constitution.
A Chief State Attorney, Mr Anthony Gyambiby, described the application as “premature” but nevertheless indicated that his outfit would respond to it appropriately.
Mpiani and Wereko-Brobby were present in court and looked indifferent when Mr Justice Quist gave his reasons for excusing himself from the case.
The two were first arraigned on April 22, 2010 before a Court of Appeal judge, Mr Justice Samuel Marful-Sau, who sat with additional responsibility as a High Court judge.
The court admitted each of them to a GH¢35 million self-recognisance bail.
The accused persons were charged following the release of the government’s White Paper on the report of the Commission of Enquiry, which recommended the prosecution of the two, but counsel for the two have argued that the charges against their clients raised very fundamental legal objections which they would lead evidence to prove at the appropriate time.
The facts of the case are that Parliament had approved $31.80 million, equivalent to GH¢29.31 million, for the celebration of Ghana@50 and the holding of the African Union Summit.
The celebration was from January to December 2007.
According to the prosecution, the amount was made up of a first tranche of GH¢18.29 million, which was approved by Parliament on July 20, 2006, and a second tranche which was a loan of $11.80 million, equivalent to GH¢11.02 million, contracted from the Fidelity Bank and approved by Parliament.
It said aside from those sums approved by Parliament, “huge sums of money appeared to have been spent on the celebrations”, adding that more than a year after the celebrations, many projects remained uncompleted and the government was saddled with huge debts.
The prosecution further stated that it was against that background that the Commission of Inquiry was set up by President John Evans Atta Mills to inquire into the activities of the Ghana@50 Secretariat and the entire celebration.
The commission found out that although Parliament had approved GH¢29.31 million for the celebration, GH¢97,776,338.44 had been spent on it, out of which GH¢75,569,563.34 had directly been spent by the secretariat and the NPC.
“The secretariat and the NPC, therefore, spent an amount of GH¢46,999,563 in excess of the amount of money approved by Parliament for the celebration,” the prosecution said.
It further stated that the commission also found that contrary to articles 176 and 178 of the 1992 Constitution, the NPC and the secretariat used all the internally generated funds, totalling GH¢19,352,498.00, without any approval from Parliament.
“These internally generated funds were, however, meant to be used to repay the loan contracted from the Fidelity Bank,” the prosecution pointed out.
The prosecution said the NPC and the secretariat also procured a bridge finance facility of GH¢10,438,036.37 and an overdraft facility of GH¢10 million from the Prudential Bank Limited without parliamentary approval, contrary to Article 181 of the Constitution, adding that both facilities attracted a total interest of GH¢3,082,955.20, “thereby increasing government’s expenditure and causing financial loss to the state”.

Wednesday, May 26, 2010

A-G takes over Jesus One Touch case

Tuesday, May 25, 2010 (Page 3)

Story: Mabel Aku Baneseh
THE Attorney-General’s Department has taken over the prosecution of the case involving the Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, alias Jesus One Touch.
The department is expected to file an affidavit in opposition to the accused’s motion for stay of proceedings in the case pending his appeal against an order to open his defence and answer incest charges levelled against him.
A Chief State Attorney, Ms Helen Kwawukume, informed the circuit court, presided over by Mrs Georgina Mensah-Datsa, that her outfit had taken over the case, for which reason she needed a short adjournment to be able to file the State’s response to One Touch’s application.
The court obliged and, accordingly, adjourned the matter to June 1, 2010.
Yirenkyi has pleaded not guilty to two counts of incest and defilement and has been refused bail.
As usual, his family, friends and sympathisers thronged the court premises to give him moral support.
The court, on May 7, 2010, ordered Yirenkyi to open his defence after it had dismissed his submission of ‘no case’, but his counsel, Mr Adomako Acheampong, on May 11, 2010 informed the court that his client was appealing against the its decision.
Counsel also indicated that the accused person had filed an application for stay of proceedings pending the outcome of the appeal.
The facts of the case are that the 10-year-old victim confessed that the accused person, after bouts of sexual intercourse with her, wiped off the sperms from his sexual organ and the fluids from her vagina with a white handkerchief.
According to the prosecution, the victim, who was born out of wedlock, lived with her mother at Dawu in Akuapem until 2005 when she relocated to Accra to live with her father at McCarthy Hill to attend school.
It said in the latter part of 2007, the accused person began having sex with the victim, each time before he organised a church service.
In November 2009, the accused person gave the victim’s mother, who happened to be the complainant in the case, an opportunity to hold discussions with the victim about a bad behaviour she was exhibiting.
During the interaction with her mother, the victim revealed her ordeal to her mother, which resulted in the woman lodging a complaint with the police.

Writ against ARS set aside

Tuesday, May 25, 2010 (Page 19)

THE Accra Fast Track High Court has dismissed an application filed by the General Secretary of the Apostles Revelation Society (ARS) which prayed the court to bar 10 apostles of the church from organising the 70th anniversary of the church.
Dickson Owusu Abrokwah and four others commenced the action on December 7, 2009, praying the court to, among others, declare that the activities of the defendants, the purported College of Apostles, were unconstitutional and unlawful.
But the defendants prayed the court to set aside the writ because the plaintiffs were not registered trustees, for which reason they lacked the legal capacity to institute the action in their names.
In its ruling, the court, presided over by Mr Justice K. A. Ofori-Atta, held that the plaintiffs were “busy bodies and inter-meddlers” who did not have the legal capacity to sue on behalf of the church.
It, accordingly, awarded GH¢3,000 costs against the plaintiffs in favour of the defendants.
Citing authorities to buttress its decision, the court said it did not see how the plaintiffs had been affected by the alleged unlawful conduct of the defendants which the plaintiffs had stated included disturbing the peace of the church, attempting to change its tenets and established orders, using its letter heads, appropriating its Urvan bus for their use, among other claims.
“All the above acts are alleged to be against the church and not the plaintiffs in their personal capacities,” the court held.
“In conclusion, I hold that having brought the action in their personal capacities, the plaintiffs are not clothed with the requisite standing in this suit. They were busy bodies and intermeddlers,” the trial judge ruled.
The court further stated that nowhere had plaintiffs stated that the College of Apostles was unconstitutional, illegal or unlawful.
“The fact that the body was not mentioned in the church’s constitution did not make it illegal or unconstitutional. They were not issues before me,” the trial judge pointed out and, accordingly, dismissed the suit.
The court held that plaintiffs, in paragraph one of their statement of claim, had described themselves as registered members of the church in good standing and had instituted the legal action in their personal capacities as members of ARS to challenge the unlawful activities of the defendants.
“The averments in paragraphs 8, 9 and 10 of the affidavit ..... make it clear that the plaintiffs do not represent anybody but themselves. In short, the plaintiffs did not or purport to issue a representative action,” it added.

Monday, May 24, 2010

Court dismisses Yankey's application

Friday, May 21, 2010 (Page 3 Lead)

THE Human Rights Court yesterday dismissed an application for judicial review filed by a former Minister of Health, Dr George Sipa-Adjah Yankey, praying the court to compel the Commission on Human Rights and Administrative Justice (CHRAJ) to hear him in the Mabey and Johnson (M&J) bribery case.
According to the court, it would be prejudicial for it to order CHRAJ to hear Dr Yankey because six other persons affected in the matter had also filed an application praying the court to prohibit the CHRAJ from hearing the bribery case in its entirety.
In the motion, Dr Yankey sought an order of certiorari quashing the decision of CHRAJ to suspend the hearing into allegations of corruption in respect of the operations of M&J in Ghana.
He also prayed for an order of mandamus directing and compelling CHRAJ to perform its constitutional and statutory duty by granting him an expeditious hearing into the allegations of corruption.
The Presiding Judge, Mr Justice U.P. Dery, held that the rights of Dr Yankey were not abused when CHRAJ decided to indefinitely adjourn hearing into the M& J bribery scandal, pending the outcome of action instituted by six other persons.
The six are praying the court to issue an order of prohibition to prevent CHRAJ from conducting any further hearing into the allegation of corruption in the M&J investigations.
The six — Mr Kwame Peprah, Alhaji Baba Kamara, Alhaji Boniface Abubakar Saddique, Alhaji Amadu Seidu, Brigadier-General Lord Attivor and Dr Ato Quarshie — are alleged to have compromised themselves during M&J’s operations in Ghana between 1993 and 2006 but they have denied any wrongdoing.
In an application for judicial review, the six accused the Commissioner of CHRAJ, Mr Francis Emile Short, of discussing the pending case before the commission extensively on a Metro TV programme and making very prejudicial statements on the matter.
According to the applicants, Mr Short was heard on “Good Evening Ghana”, a current affairs programme on Metro TV, as stating that the preliminary objection raised on the jurisdiction of CHRAJ to investigate private individuals was incompetent and would be dismissed by the Supreme Court.
Based on that writ, the court held that it would have been contemptuous if CHRAJ had gone ahead to hear the matter when such a suit was pending against it.
Mr Justice Dery ruled that the decision by CHRAJ to suspend its sitting in the case was administrative and not judicial because it communicated its decision through a letter to the applicant and the six others.
Reacting to the court’s decision, counsel for Dr Yankey, Mr Kwame Gyan, said his client was awaiting the outcome of the application for judicial review to enable him to decide the next line of action to be taken.
Counsel for CHRAJ, Mr Thaddeus Sory, prayed the court to award costs against Dr Yankey but the court declined.
In a related development, the application for judicial review filed by the six persons has been adjourned to June 4, 2010 following a prayer by counsel for the six for an adjournment because he was short-served with CHRAJ’s response to his clients’ application for judicial review.
Although Mr Sory opposed Mr Cudjoe’s request for a short adjournment to enable him to respond to issues raised by CHRAJ, the court upheld Mr Cudjoe’s plea and adjourned the matter.

Wednesday, May 19, 2010

Court adjourns Tsumasi-Appiah's case

Wednesday, May 19, 2010 (Page 16 - Centre Spread)
THE case involving the Member of Parliament for Sene, Felix Twumasi-Appiah, who is standing trial with a Spanish business partner for fraud and stealing was today adjourned because the MP was indisposed.
Counsel for the MP, Mr Josh Nimako, informed the Circuit Court of the MP’s state when the matter was called at the court’s sitting in Accra today.
The matter has accordingly been adjourned to May 24, 2010.
The MP, who has been granted a self-recognisance bail in the sum of GH¢100,000, was alleged to have committed the offence with Huan Carlos, a Spanish businessman.
Carlos has also been granted bail in the sum of GH¢100,000 with three sureties.
The court declined to order the release of Carlos’s passport after his lawyer prayed the court to release the passport on the grounds that the accused persons had paid part of the money.
The two, who have been accused of defrauding a businessman to the tune of $30,000, have pleaded not guilty to three counts of conspiracy, stealing and defrauding by false pretences.
The facts of the case are that the complainant, Juan Francisco Lozano, a Spanish businessman, was on a visit to Ghana to transact business.
In March 2010, a certain Nana Kwame Donkor, another businessman, had a transaction with Mr Lozano for his company to supply the latter with gold worth $160,000 in three tranches.
According to the prosecution, Nana Donkor was unable to supply the third tranche of gold and therefore promised to refund the remaining money to the complainant.
The prosecution stated that Nana Donkor then contacted the MP to help in the transfer of the money back to the complainant in instalments, since it was not possible to transfer the amount in cash through the banks and as a result, two blank cheques were signed by Nana Donkor and left for the accused persons to facilitate the transfer.
The prosecution said the money was to get to Spain through two persons who were called Ibrahim and Ishmael, and when Nana Donkor sent the money through the account of the two persons in Spain, they bolted with it.
In addition, Nana Donkor paid $30,000 as part payment to the police for the money to be given to the complainant.
According to the prosecution, the MP directed Carlos to go to the office of the Commander of the Commercial Unit, Superintendent Yaa Tiwaa Danso, where Carlos claimed that Mr Lozano was sick and could not come to Ghana and had, therefore, instructed him (Carlos) to collect the money on his behalf.
The prosecution noted that it was only later after contacting Nana Donkor about the remaining money that Lozano was told that it had been given to the police to be given back to him.
It said Lozano contacted the police and was told the money had been sent to him through his friend Carlos.

Ya-Na's murder trial – State drops charges against four

Wednesday, May 19, 2010 (Page 3 Lead)

THE state has dropped charges against four of the nine persons accused of murdering the late King of Dagbon, Ya-Na Yakubu Andani II, and a number of his elders.
The names of the four are expected to be disclosed at the Adjabeng District Magistrate Court in Accra today where the remaining five are expected to be committed to the High Court for trial.
A Chief State Attorney, Mr Rexford Owiredu, disclosed this at the Human Rights Court in Accra yesterday after the court had declined to grant bail to eight of the accused persons.
They are Iddrisu Iddi, alias Mbadugu, 76; Alhaji Baba Abdulai Iddrisu, 56; Kwame Alhassan, 53; Mohammed Kojo, 45; Mohammed Abdulai, alias Samasama, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, alias Anafo, 42 and Alhassan Braimah, 40.
A ninth accused person, Yidana Sugri, 42, was, however, granted bail in the sum of GH¢10,000 with one surety after the court, presided over by Mr Justice U.P. Dery, had indicated that the prosecution had failed to give details on why it was holding Sugri, who has been charged with one count of illegally organising military training.
According to Mr Owiredu, the bill of indictment and summary of evidence in the case were ready, for which reason the accused persons would be arraigned before the Magistrate Court today for their subsequent committal to the High Court for trial.
Earlier in its ruling on the bail application filed on behalf of the accused persons by their counsel, Mr Atta Akyea, the court held that the law did not allow bail for persons charged with murder and further argued that there had not been any unreasonable delay on the part of the prosecution, considering the fact that the accused persons had been arrested on April 10, 2010 and put before court on April 12, 2010, which fell within the law.
According to the judge, the trial had not even started and for that reason there was no basis for anyone to indicate that there had been an unreasonable delay.
The court also took into consideration the fact that the Attorney-General's Department had prepared the bill of indictment and summary of evidence of the case.
It, however, granted bail to Sugri on the grounds that the prosecution had failed to justify why he should continuously be held in detention.
As usual, family members and sympathisers of the accused persons thronged the court premises to lend their support to them.
The sympathisers hid their placards and brought them out in unison after security personnel had whisked the accused persons away.
Security personnel detailed to restore law and order thoroughly searched persons who entered the court premises with metal detectors to ensure that they did not carry weapons and other unauthorised materials into the courtroom.

Tuesday, May 18, 2010

Five request for documents on Ghana Airways case

May 18, 2010 (Page 3 Lead)

THE five persons accused of causing financial loss related to the sale of Ghana Airways (GA) and the operations of Ghana International Airline (GIA) have filed a motion praying the Financial Division of the High Court to refer their request for relevant documents on the case to the Supreme Court for interpretation.
Counsel for the accused persons moved their applications under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
But the state has opposed the application, on the grounds that sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) does not allow accused persons who are standing trial summarily to have access to such documents.
Following the state's opposition, lawyers for Dr Richard Anane, a former Minister of Transport; Mr Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning; Mr Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof Gyan-Baffour are praying the court to refer their request for an order directed at the Attorney-General to furnish them with all documents and exhibits the prosecution intends to rely on during the trial.
According to the lawyers, Act 30 clearly contravened Article 19 (2e) of the 1992 Constitution, which they described as being "supreme to all laws of the land".
Mpiani, Dr Osei, Crabbe and Prof Gyan-Baffour were present in court. On the last adjourned date, the court granted Dr Anane permission to be absent.
The accused persons variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
Moving the motion on behalf of Dr Anane, Mr Jacob Acquah-Sampson said documents, including letters, technical evaluations and reports, business plans, press releases, Cabinet memos, memoranda of understanding (MoU), shareholders’ agreement, tenancy agreements, among a host of others, were what the prosecution intended to rely on during the trial and it was important that the accused persons had access to those documents in order to have a fair trial, as enshrined under the Constitution.
Counsel argued that the Constitution compelled the Attorney-General to provide the accused persons with appropriate documents to facilitate their defence and further argued that the apparent conflict between the prosecution and the defence needed to be handled by the Supreme Court.
Mr Acquah-Sampson told the court that the issues he intended to refer to the Supreme Court were whether or not, within the plain, natural and practical meaning of Article 19 (1) and (2e) of the Constitution, an accused person in a criminal trial, whether charged summarily or by indictment, was entitled to a disclosure of copies of statements made to police by persons who would and might be called to testify as prosecution witnesses and copies of documents and exhibits which were to be offered in evidence by the prosecution before trial.
According to counsel, the prosecution's affidavit in opposition did not make any claim to having a privilege not to disclose the relevant documents to the accused persons.
Citing numerous local and international authorities, counsel submitted that the rights of the accused persons to a fair trial was a "non derogable right", adding that the oppressive and unfair procedure set out by Act 30 had been swallowed by Article 19 (1) and (2e) of the 1992 Constitution.
Mr Acquah-Sampson further submitted that the fact that nobody had questioned the obnoxious sections of Act 30 did not mean he and his colleagues could not question them at present.
Counsel for Dr Osei, Mr Atta Akyea, associated himself with Mr Acquah-Sampson's submission and described the prosecution's position as "anachronistic".
According to Mr Akyea, any law which contravened the Constitution was null and void and of no effect, adding that the matter before the court was not simple. It was, therefore, important that the court made reference to the Supreme Court for interpretation.
He said the prosecution could not run from the Constitution and hide under sections 163 and 181 of Act 30, which he described as "dinosaur legislation".
Messrs Egbert Faibille, Sam Okudzeto and Kwame Boateng, lawyers for Mpiani, Prof Gyan-Baffour and Crabbe, respectively, associated themselves with the submissions by their colleagues.
Mr Okudzeto added that every Ghanaian, irrespective of his/her political affiliation, tribe, gender, religion, among others, had a right to be protected from obnoxious laws such as sections of Act 30 which contravened the 1992 Constitution.
The Director of Public Prosecutions, Ms Gertrude Aikins, is expected to respond to the submissions by the defence lawyers on May 31, 2010.

Five request for documents on Ghana Airways case

May 18, 2010 (Page 3 Lead)

THE five persons accused of causing financial loss related to the sale of Ghana Airways (GA) and the operations of Ghana International Airline (GIA) have filed a motion praying the Financial Division of the High Court to refer their request for relevant documents on the case to the Supreme Court for interpretation.
Counsel for the accused persons moved their applications under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
But the state has opposed the application, on the grounds that sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) does not allow accused persons who are standing trial summarily to have access to such documents.
Following the state's opposition, lawyers for Dr Richard Anane, a former Minister of Transport; Mr Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning; Mr Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof Gyan-Baffour are praying the court to refer their request for an order directed at the Attorney-General to furnish them with all documents and exhibits the prosecution intends to rely on during the trial.
According to the lawyers, Act 30 clearly contravened Article 19 (2e) of the 1992 Constitution, which they described as being "supreme to all laws of the land".
Mpiani, Dr Osei, Crabbe and Prof Gyan-Baffour were present in court. On the last adjourned date, the court granted Dr Anane permission to be absent.
The accused persons variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
Moving the motion on behalf of Dr Anane, Mr Jacob Acquah-Sampson said documents, including letters, technical evaluations and reports, business plans, press releases, Cabinet memos, memoranda of understanding (MoU), shareholders’ agreement, tenancy agreements, among a host of others, were what the prosecution intended to rely on during the trial and it was important that the accused persons had access to those documents in order to have a fair trial, as enshrined under the Constitution.
Counsel argued that the Constitution compelled the Attorney-General to provide the accused persons with appropriate documents to facilitate their defence and further argued that the apparent conflict between the prosecution and the defence needed to be handled by the Supreme Court.
Mr Acquah-Sampson told the court that the issues he intended to refer to the Supreme Court were whether or not, within the plain, natural and practical meaning of Article 19 (1) and (2e) of the Constitution, an accused person in a criminal trial, whether charged summarily or by indictment, was entitled to a disclosure of copies of statements made to police by persons who would and might be called to testify as prosecution witnesses and copies of documents and exhibits which were to be offered in evidence by the prosecution before trial.
According to counsel, the prosecution's affidavit in opposition did not make any claim to having a privilege not to disclose the relevant documents to the accused persons.
Citing numerous local and international authorities, counsel submitted that the rights of the accused persons to a fair trial was a "non derogable right", adding that the oppressive and unfair procedure set out by Act 30 had been swallowed by Article 19 (1) and (2e) of the 1992 Constitution.
Mr Acquah-Sampson further submitted that the fact that nobody had questioned the obnoxious sections of Act 30 did not mean he and his colleagues could not question them at present.
Counsel for Dr Osei, Mr Atta Akyea, associated himself with Mr Acquah-Sampson's submission and described the prosecution's position as "anachronistic".
According to Mr Akyea, any law which contravened the Constitution was null and void and of no effect, adding that the matter before the court was not simple. It was, therefore, important that the court made reference to the Supreme Court for interpretation.
He said the prosecution could not run from the Constitution and hide under sections 163 and 181 of Act 30, which he described as "dinosaur legislation".
Messrs Egbert Faibille, Sam Okudzeto and Kwame Boateng, lawyers for Mpiani, Prof Gyan-Baffour and Crabbe, respectively, associated themselves with the submissions by their colleagues.
Mr Okudzeto added that every Ghanaian, irrespective of his/her political affiliation, tribe, gender, religion, among others, had a right to be protected from obnoxious laws such as sections of Act 30 which contravened the 1992 Constitution.
The Director of Public Prosecutions, Ms Gertrude Aikins, is expected to respond to the submissions by the defence lawyers on May 31, 2010.

Friday, May 14, 2010

Accused's alibi is false - Investigator

Friday, May 14, 2010 (Page 3 Lead)

AN investigator yesterday described as false an alibi provided by one of the soldiers accused of murdering the former Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla.
Sergeant Mensah Kpligi, who conducted investigations into the alibi, told the Accra Fast Track High Court that Private Eric Modzaka had put up false claims when he (Modzaka) stated that he had not been present when Mobilla was sent to the Kamina Barracks on December 9, 2004.
Standing trial with Modzaka is Corporal Yaw Appiah. The two have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla.
The third accused person, Private Seth Goka, is on the run and is being tried in absentia.
Led by a Chief State Attorney, Ms Penelope Marmattah, to give evidence, Sgt Kpligi stated that he had investigated claims by Private Modzaka that Staff Sergeant Thompson Tawawm and Warrant Officer Paul Ebu knew his whereabouts at the time of the incident.
Stating the outcome of his investigations, Sgt Kpligi said S/Sgt Tawawm did not know the whereabouts of Modzaka, although the Staff Sergeant conceded that they were both on duty on the day of the incident.
Reading out S/Sgt Tawawm’s statement to the court, the witness said S/Sgt Tawawm said he did not know the whereabouts of Modzaka between 3 p.m. and 6 p.m. that day.
With regard to WO Ebu, the witness told the court that he had been informed during the investigations that WO Ebu had gone on pension and his neighbours neither knew his current location nor his cellular phone number.
During cross-examination, counsel asked the witness why he had decided to ignore the current address of WO Ebu, which read, “Workshop Barracks, Burma Camp, Accra”, and rather chose to look for WO Ebu in Tamale when he no longer lived there, to which Sgt Kpligi replied, “I went to Tamale because that was his former station.”
Hearing continues on May 20, 2010.

Pastor jailed 5 years for fraud

Friday, May 14, 2010 (Front Page)

A US-based Ghanaian pastor who defrauded the Ghana AIDS Commission (GAC) and a non-governmental organisation (NGO) to the tune of $50,000 was yesterday sentenced to five years; imprisonment with hard labour.
Victor Ocloo, a pastor of Open Heaven Church in the US, took the money from the complainants, the GAC and Life and Hope Foundation, a partner of the GAC, to supply pre-fabricated materials to establish a structure for HIV/AIDS patients but failed to do so.
Ocloo, who has since refunded GH¢15,000 of the amount, was also ordered by the court to refund $40,000 after he had been found guilty on two counts of defrauding by false pretence and issuing a false cheque.
The stout, middle-aged and fair-complexioned convict, who wore a pink and white striped shirt over a pair of khaki trousers, looked bewildered after his conviction.
He had claimed to be the sole distributor and representative of Thermal Steel Corporation, USA, and that he was in the position to supply the pre-fabricated materials to the complainants but his claims turned out to be false during the trial.
Before his sentence, the prosecutor had prayed the Fast Track High Court, presided over by Mr Justice Senyo Dzamefe, to defer the sentence for two weeks to enable the convict to raise the money.
The prosecutor had submitted that the complainants were interested in reclaiming their money, but another lawyer who had been invited by the judge to state his opinion on the matter, disagreed with his colleague.
According to the lawyer, who is also a former prosecutor, the complainants should have taken that into consideration before reporting the convict to the police in the first place, adding that it was unfortunate for the complainants to hold such a position after a full trial had taken place and judgement had been given.
Counsel for the convict did not take kindly to his colleague’s submissions and, to make matters worse, the prosecutor, after consulting with the complainants, had a change of mind and prayed the court to sentence the convict.
Passing sentence, the trial judge expressed his disappointment at the conduct of the convict, whom the court said should have acted like a true man of God.
The facts of the case were that in August 2008, Life and Hope Foundation, which worked in collaboration with the GAC and Bedrock Construction Company, paid $50,178 to the convict to supply it with pre-fabricated materials.
After the payment, which included the cost of the materials and their shipment, Ocloo showed several papers which stated that he had made payments to Thermal Steel Corporation, but the materials did not arrive on the date he had promised.
After several attempts to get the pre-fabricated materials had failed, the complainants demanded a refund of their money, which resulted in the convict issuing a cheque which was dishonoured by a bank.
The complainants lodged a complaint with the police, leading to Ocloo’s arrest in February 2009, after it had become clear that he was in no position to refund the money.

Thursday, May 13, 2010

Exopa Boss confessed to dealing in drugs • NACOB officer tells court

Thursday, May 13, 2010 (Page 3 Lead)
AN officer of the Narcotics Control Board (NACOB) yesterday told the Accra Fast Track High Court that the Chief Executive of the Exopa Modelling Agency, Ibrahim Sima, had confessed to dealing in narcotic drugs.
Detective Chief A. K. Sovor said Sima made the confession in a vehicle while on their way to his house to retrieve instruments he had used to cut open three tubers of yam before stuffing cocaine in them.
However, Sima's lawyer, Mr James Agalga, challenged the police officer during cross examination and maintained that the officer did not have any documentary proof of the alleged confessions.
Sima, 39, was arrested at the Kotoka International Airport on September 7, 2009 after security officials had found three tubers of yam containing cocaine in his baggage while going through departure formalities for a trip to Germany.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority and is currently in prison custody.
Led by a Principal State Attorney, Mr George K. Ofori, in his evidence in chief, Mr Sovor said while in Sima's residence, he showed him the drawer in which he kept the knife which was used in cutting open the yam.
Witness said Sima also showed him and his nine other colleagues a partly used super glue which was used to seal the yams and a scraper which was used to scoop the yam to make way for the cocaine.
Mr Sovor, who is also the head of investigations at NACOB, said the retrieved items were currently in the possession of the NACOB.
During cross examination, Mr Sovor told the court that he was not present when the accused person was arrested, adding that he did not personally interrogate him and could not tell the method which was used in interrogating him.
Counsel: You have no record of the alleged confession.
Mr Sovor: It is not true my Lord. Mr Agalga: Where is the record of interrogation.
Mr Sovor: Everything is in the docket.
Mr Sovor said he did not see yams at the accused person's residence although defence counsel had suggested a prosecution witness had earlier stated that yams were found in Sima's residence.
Sima was arrested after NACOB officials had found that three out of four tubers of yam in his baggage had been cut open and re-sealed.
The three tubers were found to contain cocaine, a narcotic drug.

BOST expands facilities

Thursday, May 13, 2010 (Page 46)

THE Bulk Oil Storage and Transportation (BOST) Company Limited is embarking on a number of projects to position itself to meet the demands of Ghanaians following the discovery of oil and gas in commercial quantities.
Ghana has a current stock of fuel reserves for up to six weeks and the building of additional storage tanks, among other facilities, is aimed at increasing the country's fuel reserves.
The Managing Director of BOST, Dr Yaw Akoto, told the Daily Graphic that the Accra Plains Depot, for instance, which currently stocks 139 million litres of fuel, was being expanded to take an additional 90 million litres.
Outlining the short, medium and long-term plans of BOST, Dr Akoto said the company was poised to continuously work tirelessly to develop, own, manage and maintain a national network of storage depots and petroleum pipelines to facilitate the smooth bulk transportation, storage and distribution of petroleum products as outlined in its mandate.
He further gave the assurance that BOST would continuously ensure that the country did not run out of fuel stocks at any point in time.
As part of the short-term measures, he said the company was currently building a 12-inch pipeline to replace the six-inch pipeline from Tema to Akosombo to increase the flow of fuel products from the Tema Oil Refinery (TOR) to Akosombo.
In addition to that, it was building more storage tanks to increase the storage of fuel from the current two million litres to 10 million litres.
The projects, Dr Akoto explained, would take between 12 and 24 months to complete.
He further stated that as part of its medium-term measures, BOST would develop a Takoradi Petroleum Terminal to construct a 160,000 cubic metre storage facility comprising various tank sizes and ancillary facilities for the storage of refined petroleum products.
A loading gantry and allied facilities, a 300-kilometre 12-inch pipeline or an efficient railway network linking the Takoradi Terminal to Kumasi, among other facilities, would also be constructed.
With regard to the storage of gas, a 500,000 cubic metre storage facility and export terminal for gas would also be constructed under the medium-term plan.
An additional 200,000 cubic metre storage facility to augment the import/re-export activities of refined products would also be constructed at the Takoradi Terminal.
Dr Akoto further stated that the company would provide liquefied natural gas (LNG) processing, storage and re-gassification facilities to serve the company's customers, among others.
According to him, a natural gas transmission unit, which would involve the development of a nation-wide network of natural gas transmission pipelines, as well as bulk transmission pipelines and regulatory monitoring stations (RMS), would also be constructed.
With regard to its Tema Secondary Gas Market, BOST is expected to construct an interconnection header with the West African Gas Pipeline Company for the immediate supply of natural gas to existing customers, among other roles.
The BOST, which was established in 1993 as a limited liability company with the government as the sole shareholder, currently has seven storage depots, four barges, among a host of assets.

Wednesday, May 12, 2010

Jesus One Touch to appeal against order

Wednesday, May 12, 2010 (Page 3 Lead)

THE Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, has decided to appeal against an order to open his defence and answer incest charges levelled against him.
The court, on May 7, 2010, ordered Nana Yirenkyi, alias Jesus Onetouch, to open his defence yesterday after it had dismissed his ‘submission of no case’, but his counsel, Mr Adomako Acheampong, informed the court yesterday that his client was appealing against the court's decision.
Counsel also indicated that the accused person intended to file an application for stay of proceedings pending the outcome of the appeal.
Prophet Onetouch has pleaded not guilty to two counts of incest and defilement and has been refused bail.
According to his lawyer, there were numerous typographical errors and omissions in the record of proceedings and that had delayed the filing of the notice of appeal.
Counsel, however, indicated that the errors had been rectified, for which reason the defence team needed a short adjournment "to enable us to put our house in perfect order".
The court, presided over by Mrs Georgina Mensah-Datsa, accordingly adjourned the case to May 24, 2010.
Later, the prosecutor in the case, Assistant Superintendent of Police, Mrs Sarah Acquah, prayed the court to remand the accused person in prison custody because the police were having security problems where he was being kept.
She further stated that her life had been threatened.
But defence counsel vehemently opposed her application.
According to counsel, he had been to the police cells where his client was being kept several times and so far not a single police officer at the station had complained of any security challenges.
He further stated that it was important for the prosecution not to crucify his client before judgement was passed in the case.
In its ruling, the court held that it had trust in the Ghana Police Service and believed the prosecutor would be given maximum protection.
It further indicated that the accused person should be kept in police custody because it would expedite the trial and cited instances of accused persons on remand in prison custody not being brought to court for as long as two weeks.
The facts of the case are that the 10-year-old victim confessed that the accused person, after bouts of sexual intercourse with her, wiped off the sperms from his sexual organ and the fluids from her vagina with a white handkerchief.
According to the prosecution, the victim, who was born out of wedlock, lived with her mother at Dawu in Akuapem until 2005 when she relocated to Accra to live with her father at McCarthy Hill to attend school.
It said in the latter part of 2007, the accused person began having sex with the victim before he organised church service each time.
In November 2009, the accused person gave the victim’s mother, who happened to be the complainant in the case, an opportunity to hold discussions with the victim about a bad behaviour she was exhibiting.
During the interaction with her mother, the victim revealed her ordeal to her mother, which resulted in the woman lodging a complaint with the police.

Tuesday, May 11, 2010

GIA case: Furnish us with documents • Accused persons pray court

Tuesday, May 11, 2010 (Page 3 Lead)

FIVE persons accused of causing financial loss related to the sale of Ghana Airways (GA) and the operations of Ghana International Airline (GIA) have filed a motion praying the Financial Division of the High Court to order the state to furnish them with relevant documents on the case.
The accused persons — Dr Richard Anane, a former Minister of Transport; Mr Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning; Mr Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof. Gyan-Baffour — are praying for an order directed at the Attorney-General to furnish them with all documents and exhibits the prosecution intends to rely on during their trial.
Counsel for the accused persons filed the motion under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
However, the state has opposed the motion on the grounds that the accused persons were being tried summarily and for that reason, they were not entitled to have access to the documents.
At the court’s sitting in Accra yesterday, it emerged that the state had responded to the defence team’s motion of which the defence needed to reply to.
Accordingly, the court granted a week’s adjournment because the defence team had not been sufficiently served with the processes. The defence also needed ample time to appropriately respond to the state’s affidavit in opposition.
Dr Anane, Mpiani, Crabbe and Prof Gyan-Baffour were present. Dr Akoto Osei was absent because the court had granted him permission to attend a conference outside the jurisdiction.
The accused persons variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
Four other accused persons whose names have not been furnished to the court are said to be outside the jurisdiction and are currently on the run.
NPP stalwarts including the NPP flag bearer for the 2008 presidential polls, Nana Addo Dankwa Akufo-Addo, were present in court to offer their solidarity to the accused persons.
Also present were the Second Deputy Speaker of Parliament, Professor Mike Oquaye; a former Minister of Trade and Industry, Dr Kofi Konadu Apraku; a former Minister of the Greater Accra Region, Sheikh I. C. Quaye, as well as a host of former government officials.
The supporters of the accused persons chanted in excitement when they spotted the accused persons and other party stalwarts emerge from the courtroom.

Court convicts employee of Land Valuation Board

Monday, May 10, 2010 (Page 3)

THE Accra Circuit Court has convicted an employee of the Lands Valuation Division in Accra for fraudulent sale of land.
John Alormey, who had pleaded not guilty to one count of fraudulent sale of land was found guilty by the court, presided over Mrs J. J. Bartels-Kodwo after the full trial.
He was found guilty for fraudulently selling four plots of land in July 2005 to the complainant at a cost of GH¢9,500, although he did not have title to the land, which is situated at Ashale-Botwe, a suburb of Accra.
Alormey was accordingly fined 200 penalty units with each unit valued at GH12.00 or face 36 months imprisonment in default.
The court held that the prosecution was able to prove a prima facie case against Alormey.
The complainant is expected to sue Alormey, who has so far refunded GH¢2,300 at the Civil Court to reclaim the rest of the money.
The Circuit Court in 2009 gave the parties in the case the opportunity to settle the matter out of court but that did not yield results.
The facts of the case were that in 2005, the accused person negotiated and sold four plots of land to the complainant.
In furtherance of the sale, the accused person prepared documents covering the land and handed them over to the complainant.
However, the complainant conducted a search at the Lands Commission and found that the documents prepared by Alormey were fake.
It was also detected that all signatories to the documents were deceased.
The complainant, therefore, lodged a complaint with the police, resulting in the arrest of Alormey.
Alormey was said to have informed the police that the land belonged to one Emmanuel Borketey Bortey but could not assist the police to effect the arrest of the said Bortey.

Friday, May 7, 2010

New Crusading Guide dragged to court

May 6, 2010 (Page 3 Lead)

A FORMER Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, has sued Mr Abdul Malik Kweku Baako, Editor-in-chief of The New Crusading Guide and another, claiming damages for libel.
In the suit filed at the Fast Track High Court in Accra, the plaintiff claimed that in an article in the Monday, January 25, 2010 edition of the newspaper with the title ‘Tsatsu Tsikata - A Clear and Present Danger of Ghana,’ the editor-in-chief and his newspaper created the impression that he (Tsatsu) was influencing foreign businesses to the detriment of others.
The writ also sought to restrain Mr Baako and Kweku Baako Media Limited, publishers of The New Crusading Guide, from continuing to publish libellous materials against the plaintiff.
Mr Baako, however, has not filed a defence to the suit because his counsel, Mr Egbert Faibille Jnr, is challenging the service of the writ on his client.
According to the plaintiff, the story which was accompanied by his picture stated among other things that, during his tenure as Chief Executive of GNPC, huge amounts were spent on seismic data coupled with business-unfriendly petroleum agreements that almost actively discouraged prospecting companies from looking at Ghana.
A statement of claim, accompanying the writ of summons, said the story further imputed that the plaintiff was "an individual driven not by intellect and objectivity but by jealousy, vindictiveness and myopic thinking."
It further stated that the story portrayed that the plaintiff had blown $68 million in his innuendo and vindictiveness, was tribalistic and had also woven himself into the position of advisor on energy to President Mills, among many other allegations.
According to the plaintiff, the story in its entirety lowered him in the estimation of right thinking members of society and exposed him to hatred and contempt by its numerous false allegations.
It also accused the defendants of not crosschecking issues with him before publishing the said story adding that, "it is evident from the said article and from other articles the defendants have published that the defendants are simply waging a vicious campaign against the plaintiff and in favour of other persons."
The plaintiff further accused the defendants of clearly making allegations calculated to damage the legitimate business interests of a company owned by his wife.

Jesus Onetouch to answer incest charges

May 5, 2010 (Page 5)

THE Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, aka Jesus One Touch, yesterday suffered a setback when he was ordered to open his defence and answer incest charges levelled against him.
The accused person had filed a ‘submission of no case’ after the prosecution had closed its case in the matter in which he is standing trial for allegedly having sexual intercourse with his daughter.
But the court, presided over by Mrs Georgina Mensa-Datsa, held a different view.
He has pleaded not guilty to two counts of incest and defilement and has been refused bail.
His sympathisers, as usual, did not take kindly to the court’s ruling, which stated that the prosecution had established a prima facie case against him and for that reason he should open his defence on May 11, 2010.
Eight witnesses, including the victim (name withheld), her mother, two medical doctors, two investigators, among others, were called to testify in the trial which began in March 2010.
The facts of the case are that the 10-year-old victim confessed that the accused person, after bouts of sexual intercourse with her, wiped off the sperms from his sexual organ and the fluids from her private parts with a white handkerchief.
According to the prosecution, the victim, who was born out of wedlock, lived with her mother at Dawu in Akuapem until 2005 when she relocated to Accra to live with her father at McCarthy Hill to attend school.
It said in the latter part of 2007, the accused person began having sex with the victim before he organised church service each time.
In November 2009, the accused person gave the victim’s mother, who happened to be the complainant in the case, an opportunity to hold discussions with the victim about a bad behaviour she was exhibiting.
During the interaction with her mother, the victim revealed her ordeal to her mother, which resulted in the woman lodging a complaint with the police.

Twumasi-Appiah granted bail

Friday, May 1, 2010 (Page 3)

THE Member of Parliament for Sene, Felix Twumasi-Appiah, who is standing trial with a Spanish business partner for fraud and stealing, was yesterday granted a self-recognisance bail in the sum of GH¢100,000.
His accomplice, Huan Carlos, the Spanish businessman, was also granted bail in the sum of GH¢100,000 with three sureties.
The two, who have been accused of defrauding a businessman to the tune of $30,000, have pleaded not guilty to three counts of conspiracy, stealing and defrauding by false pretences.
The court, presided over by Mr D. E. K. Daketsey, adjourned the case to May 15, 2010.
The MP, who wore a striped pink shirt over a dark blue pair of trousers, looked indifferent when the charges were read out to him.
Counsel for the accused persons, Mr Josh Nimako, indicated that his clients were making efforts to refund the money to the businessman, but maintained his clients’ innocence in the matter.
However, the prosecutor, Assistant Superintendent of Police, Mr A. Dery, pointed out that the fact that the accused persons were willing to refund the money to the complainant did not mean the criminal matter would not go on.
The facts of the case are that the complainant, Juan Francisco Lozano, a Spanish businessman, was on a visit to Ghana to transact business.
In March 2010, a certain Nana Kwame Donkor, another businessman, had a transaction with Mr Lozano for his company to supply the latter with gold worth $160,000 in three tranches.
According to the prosecution, Nana Donkor was unable to supply the third tranche of gold and therefore promised to refund the remaining money to the complainant.
The prosecution stated that Nana Donkor then contacted the MP to help in the transfer of the money back to the complainant in instalments, since it was not possible to transfer the amount in cash through the banks and as a result, two blank cheques were signed by Nana Donkor and left for the accused persons to facilitate the transfer.
The prosecution said the money was to get to Spain through two persons who were called Ibrahim and Ishmael, and when Nana Donkor sent the money through the account of the two persons in Spain, they bolted with it.
In addition, Nana Donkor paid $30,000 as part payment to the police for the money to be given to the complainant.
According to the prosecution, the MP directed Carlos to go to the office of the Unit Commander of the Commercial Unit, Superintendent Yaa Tiwaa Danso, where Carlos claimed that Mr Lozano was sick and could not come to Ghana and had, therefore, instructed him (Carlos) to collect the money on his behalf.
The prosecution noted that it was only later after contacting Nana Donkor about the remaining money that Lozano was told that it had been given to the police to be given back to him.
It said Lozano contacted the police and was told the money had been sent to him through his friend Carlos.

Wednesday, May 5, 2010

Ghana, TAQA sign deal to expand power plant

April 30, 2010 (Back page lead)

GHANA’S quest to attain energy sufficiency by the year 2015 took a step further with the signing of an agreement for the expansion of the T2 Takoradi Thermal Power Plant.
Under the agreement signed between the Ministry of Energy and TAQA Generation International Operating Company, the plant will increase its power generation from 220 megawatts to 330 megawatts.
The plant, which is a joint venture between TAQA and the government, is expected to be fed with gas from the West African Gas Pipeline Company.
A Deputy Minister of Energy, Mr Emmanuel Kofi-Armah Buah, signed on behalf of the ministry while the General Manager of Abu Dhabi National Energy Company, Mr Carl Sheldon, initialled on behalf of the TAQA.
The country currently generates 2,000 megawatts of power and the signing of the agreement will pave the way for an additional 110 megawatts. The project is expected to be completed in 12 to 18 months.
According to Mr Buah, the government had resolved to increase power from the current 2,000 megawatts to 5,000 megawatts by the year 2015 and further indicated that the signing of the agreement was a significant manifestation of the government’s resolve to halt the power crisis in the country.
Other sources which are expected to increase power generation by 2015 are the Bui Power Project, which is expected to generate 400 megawatts, Asogli, 200 megawatts, and the Juale Power Plant, 90 megawatts, among others.
The deputy minister said the partnership between the TAQA and the government was a clear example of a success story of public-private partnership.
Expressing delight at the TAQA’s plans to expand its business in Ghana, Mr Buah further stated that the government was proud of the company’s operations so far.
Mr Buah praised the TAQA for initiating corporate social responsibility which focused on assisting individuals with disabilities.
For his part, Mr Sheldon said the TAQA had been in operation for the past 10 years and expressed the company’s pleasure about Ghana’s oil find.
He said the TAQA would continue to deliver quality service to the satisfaction of all stakeholders and the general public.

Couple demands compensation from Lister Hospital

April 10, 2010 (Page 11)

A COUPLE who lost their child through what they term “medical malpractice and professional negligence” is demanding GH¢2 million compensation from the Lister Hospital and Fertility Centre where the baby died.
Mr Thomas Vaah and Mrs Elizabeth Vaah, who work with the United Nations and the World Bank, respectively, plan to use the money as seed money for a foundation they have formed in memory of their late son to provide assistance for parents who undergo a similar ordeal.
The traumatised parents are accusing the hospital of “gross unprofessional conduct” which led to the death of Nyilale Vaah Junior, who was delivered on Tuesday, March 9, 2010, almost 17 hours after Mrs Vaah had been admitted and had received virtually no attention from healthcare professionals at the hospital.
“No couple should have to go through what we’ve just been through, especially when an otherwise healthy baby has to die because the people we entrust our health care to and for which we are ready to pay hefty sums of money show such level of incompetence and negligence,” the couple pointed out.
However, the hospital, through its lawyers, Awoonor Law Consultancy, has stated that the couple are “hardly in any position to make such judgements concerning the professional competence of the medical personnel at Lister Hospital” and further says that a pathologist is in the process of conducting a histology examination on the deceased baby to establish the cause of death.
According to the hospital, “While sympathising with and sharing the grief of the parents of the baby, we would like to draw attention to the unsubstantiated claims of professional misconduct and gross negligence.”
Narrating their ordeal to the Daily Graphic in an interview, the couple stated that the nurses and doctors on duty at the hospital on the night Mrs Vaah was admitted through to the following day exhibited “clear negligence and incompetence” which led to the preventable death of Vaah Jnr who had, at all material times, been declared fit and well by ultrasound results at the same hospital.
A letter dated March 17, 2010 signed on behalf of the couple by their lawyer, Mr Tuinese Edward Amuzu, stated among others that Mrs Vaah was admitted at the hospital on March 8, 2010 but the nurses on duty did not attend to her from the day of her admission to the day her son died despite her husband’s numerous pleas.
The couple equally accused the head of the facility, Dr Edem Hiadzi, of failing to attend to Mrs Vaah at the time he had promised and Dr Boye, the doctor on duty on the night of March 8, 2010, of inducing a medication to reduce Mrs Vaah’s contractions with the explanation that Mrs Vaah had to undergo caesarian section the following morning, a surgery which was never to be.
Mr Vaah, who said he was present throughout his wife’s predicament, indicated that Dr Hiadzi did not show up as he had promised but arrived after it was too late and “nurses on duty had proved their incompetence beyond reasonable doubt”.
He indicated that it was their fervent prayer that no parent should ever go through what they had gone through.
Meanwhile, the couple has set up a foundation called “Vaah Junior Foundation for Better Maternal and Child Health”, with the website address: HYPERLINK "http://www.vaahjuniorfoundation.org".
Parents who have in one way or another been affected by the negligence of health care professionals can also call 026 – 1861 612.
The Foundation has made it an objective to: Serve as a mouthpiece platform for families affected by such negligence, Create awareness on the prevalence of professional negligence in maternal and child health care delivery in Ghana, help provide legal backing for families affected by negligent and incompetent maternal and child health care service delivery as well as institute an award scheme to reward and recognise exemplary service by maternal and child health personnel and service providers.

Lawyer back to defend 2 soldiers

Wednesday, March 31, 2010 (Page 3 Lead)

THE lawyer for the two soldiers who have been accused of murdering the former Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, yesterday showed up in court after rescinding his decision not to defend the soldiers.
On Monday, March 22, 2010, Mr Thaddeus Sory withdrew his services after the court had upheld the prosecution’s plea to recall a witness who had already testified in the case.
Mr Sory, who cited personal reasons for his decision on March 22, 2010, walked to the courtroom in the company of a female colleague to take up his place as counsel for Corporal Yaw Appiah and Private Eric Modzaka.
He was, however, subjected to a series of questions on why he had told the media that he rescued himself due to inconsistencies in the prosecution’s case, among others, after he had officially informed the court that he was leaving the case for personal reasons.
After a series of back and forth questions on why counsel had granted an interview to the media, he apologised, although he had insisted he had done nothing wrong.
His apology prompted the trial judge, Mr Justice Senyo Dzamefe, to state, "I will give you the benefit of the doubt."
Later, a prosecution witness, Lance Corporal Mathias Avenori, was recalled to state whether or not he had been forced to destroy evidence which was incriminating to the military.
The court granted a request by the prosecution to recall L/Cpl Avenori after another prosecution witness, Sergeant George Mensah Kpligi, had stated that he and his colleagues had been ordered to destroy statements which their superiors deemed incriminating to the military.
Mr Avenori confirmed his colleague's statement and further pointed out that he was only four months old in the Police Service and had to obey orders.
According to Mr Avenori, Modzaka had ordered Mobilla to put his hands on the floor with his legs on the wall at the Kamina cells, while he (Modzaka) hit Mobilla's chest several times with a branch of a nim tree.
The witness, who walked towards Modzaka to identify him, told the court that Mensah pleaded with Modzaka to stop beating Alhaji Mobilla because he had done nothing wrong.
During cross-examination from defence counsel, the witness told the court that he had not been intimidated by anyone before giving his first evidence and insisted that the evidence he was giving was an additional truth and not part truth, as suggested by counsel.
He denied counsel's suggestion that the police hatched the story against the soldiers to cover their evil deeds against the late Alhaji Mobilla.
A sixth prosecution witness, Ms Akpene Dzakeye Dawu, told the court that she was on duty the day Alhaji Mobilla was brought to the police cells for detention.
According to her, she searched him and made entries before he was detained in cells.
Hearing continues today, March 31, 2010.

Bench warrant for Anane, others if ...

Wednesday, March 31, 2010 (Front Page)

THE prosecution in the case in which the former Road Transport Minister, Mr Richard Anane, and three others are accused of causing financial loss to the state may request the Fast Track High Court to issue a bench warrant for the arrest of three of the accused persons if they fail to appear before the court today.
The Director of Public Prosecutions (DPP), Ms Gertrude Aikins, made the prosecution’s intent known following the inability of Dr Anane, Mr Kwadwo Mpiani, a former Chief of Staff, and Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, to appear before the court yesterday.
The fourth accused person, Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), was, however, present in court with his lawyers.
The four are expected to be charged with stealing, causing financial loss to the state and fraud regarding the roles they played in the formation of Ghana International Airlines (GIA) and the subsequent liquidation of Ghana Airways.
When the matter was called around 9.15 a.m., only Crabbe stood up when his name was called, prompting the trial judge to enquire of the whereabouts of the other accused persons from the prosecution, but Ms Aikins could not explain their absence and further indicated that the three had been duly informed that they were expected to appear before court yesterday.
Counsel for Crabbe, Mr Kwame Boateng, said he and his client did not know which specific court was scheduled to hear the case and for that reason they had to roam from one court to another before they finally got to know that the matter was before Mr Justice Bright Mensah.
Replying, Ms Aikins reminded counsel that the matter was a serious one, especially when the accused persons had duly been informed of the court which was billed to hear the matter.
According to the state, Dr Anane allegedly misrepresented facts on GIA, which was then not in existence, to Cabinet and misled the then government to pay shares into a fraudulent company.
His action, according to the state, also led to the liquidation of Ghana Airways.
On his part, Dr Osei allegedly signed a loan agreement committing the government to a financial obligation of paying GH¢15 million to the Social Security and National Insurance Trust (SSNIT).
The SSNIT gave the said amount to the GIA as a loan, without parliamentary approval and at a time when the minority shareholders of the airline had abandoned the company.
Mpiani, on his part, is alleged to have authorised the release of funds into the GIA, without parliamentary approval.
According to the prosecution, which is yet to read the facts of the case to the court, Crabbe, who represented minority shareholders in the company, on June 27, 2005 withdrew $1.9 million from the government of Ghana’s account, without approval from the government (majority shareholder).
It said Dr Anane declared that four companies had expressed interest in the then Ghana Airways and later presented a letter of intent which was signed between the government of Ghana and the GIA to form a new company called the New Ghana Airways (NGA), although the GIA was at that time not in existence.
It said although PriceWaterhouseCoopers had rated the NGA, which had signed an agreement with the government to form the GIA, third beneath KLM and Ghanaiar, two companies which had also bid for Ghana Airways, the NGA won the bid.
It said although the memorandum Dr Anane presented to Cabinet to sign was dated September 9, 2004, the GIA was not in existence as of September 9, 2004.
It said GIA-USA-LLC was formed in Utah, USA, on September 10, 2004 and further pointed out that Dr Anane misrepresented those facts to Cabinet and fraudulently misled it to pay for shares into a fraudulent company.
According to the state, Mpiani, on June 2, 2005, wrote to the chairman of the government task force on Ghana Airways Limited authorising the task force to take all necessary steps to put the airline into formal liquidation.
The GIA was subsequently formed as a joint venture between the government of Ghana and GIA/USA/LLC, as a result of which the GIA had its maiden flight on October 29, 2005.