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.
Tuesday, May 11, 2010
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.
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.
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.
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.
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.
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.
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.
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.
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.
Monday, March 29, 2010
ANANE, 3 OTHERS FOR COURT
Monday, March 29, 2010 (Lead Story)
A FORMER Minister of Transport, Dr Richard Anane, and three others will be arraigned before the Accra Fast Track High Court on Tuesday for causing financial loss to the state.
Dr Anane is alleged to have misrepresented facts on Ghana International Airlines (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.
Dr Anane has been charged with Mr Kwadwo Mpiani, a former Chief of Staff; Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, and Mr Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP) and one of the minority shareholders of the GIA.
They were alleged to have played various roles in the formation of the airline and, in the process, caused huge financial loss to the state.
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.
They are expected to be charged with fraud, stealing and wilfully causing financial loss to the state.
A highly placed source at the Attorney-General’s Department told the Daily Graphic in an interview that charges levelled against the four would be filed at the Registry of the Fast Track High Court today.
According to the source, the four had been formally charged but it declined to state the specific charges each of them would face.
It said 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.
According to the source, he 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 source, 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.
A FORMER Minister of Transport, Dr Richard Anane, and three others will be arraigned before the Accra Fast Track High Court on Tuesday for causing financial loss to the state.
Dr Anane is alleged to have misrepresented facts on Ghana International Airlines (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.
Dr Anane has been charged with Mr Kwadwo Mpiani, a former Chief of Staff; Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, and Mr Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP) and one of the minority shareholders of the GIA.
They were alleged to have played various roles in the formation of the airline and, in the process, caused huge financial loss to the state.
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.
They are expected to be charged with fraud, stealing and wilfully causing financial loss to the state.
A highly placed source at the Attorney-General’s Department told the Daily Graphic in an interview that charges levelled against the four would be filed at the Registry of the Fast Track High Court today.
According to the source, the four had been formally charged but it declined to state the specific charges each of them would face.
It said 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.
According to the source, he 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 source, 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.
Six drag CHRAJ to court
Saturday, March 27, 2010 (Page 3 Lead)
SIX persons who were alleged to have been cited in the Mabey & Johnson bribery scandal, have dragged the Commission on Human Rights and Administrative Justice (CHRAJ) to the High Court praying the court to stop the CHRAJ from investigating or hearing the bribery case.
In an application for judicial review, the six are praying the court to issue an order of prohibition to prevent the CHRAJ from conducting any further hearing into the allegation of corruption in the Mabey & Johnson investigations.
The six — Messrs Kwame Peprah, Alhaji Baba Kamara, Alhaji Boniface Abubakar Saddique, Alhaji Amadu Seidu, Brigadier-General Lord Attivor and Dr Ato Quarshie — were alleged to have compromised themselves during Mabey & Johnson Limited operations in Ghana between 1993 and 2006 but have denied any wrongdoing.
In an application for judicial review, the six accused the Commissioner of CHRAJ, Mr Francis Emil 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 quoted on “Good Evening Ghana”, a current affairs programme on Metro TV, as stating that the preliminary objection raised as to the jurisdiction of CHRAJ to investigate private individuals was incompetent and would be dismissed by the Supreme Court.
An affidavit in support of the motion for judicial review, which was sworn on behalf of the applicants by Mr Peprah, stated that it was wrong for the commissioner to state that there was no basis for Alhaji Kamara to raise preliminary objections on the grounds that he (Alhaji Kamara) was not a public official at the time the alleged offence was committed but he (Mr Short) would all the same refer the matter to the Supreme Court for interpretation.
“That I am advised by counsel that, that ruling delivered by CHRAJ was most improper in that having come to the conclusion that there was an issue for interpretation of the Constitution by the Supreme Court, CHRAJ’s only duty was to comply with the provisions of the 1992 Constitution and refer the issue for interpretation of the Constitution to the Supreme Court but not to offer any opinion on same,” the affidavit in support pointed out.
The affidavit further stated that counsel for the applicants raised an objection to the effect that the commission’s mandate as provided under Article 218(e) related to only current public officers and not former public officers.
It said the CHRAJ accordingly adjourned ruling on the issue of whether or not it had jurisdiction to investigate ex-public officers to March 29, 2010.
According to the applicants, the CHRAJ overruled their objection to the appointment of a private legal practitioner to represent the commission and further adjourned its reasons to March 29, 2010.
It further pointed out that a day after the hearing and specifically on Tuesday March 16, 2010, Mr Short, the Head of the CHRAJ panel hearing the case, granted an extensive interview on Metro TV, which lasted an hour, and stated among others that documents he had received from the UK indicated that moneys paid to the applicants were bribes.
Such assertion by Mr Short, according to the applicants, was unfortunate, as he had by his statement already predetermined the case and come to a conclusion that the applicants had received bribes.
“That Commissioner Short in answer to a question from the interviewer inferred that our preliminary objection raised as to whether CHRAJ had the power to investigate ex-public officials was without any basis whatsoever. This was when he stated that ‘the Baba Kamara case is slightly different’.
“The inference was that the case against the ex-public officials which was raised on our behalf would not be referred to the Supreme Court. I am advised by counsel that this was most strange in that CHRAJ had reserved ruling on the case for March 29, 2010,” the affidavit in support stated.
“That Commissioner Short further stated that even though he had referred the issue of whether the CHRAJ could investigate a private person for interpretation to the Supreme Court, the Supreme Court would dismiss the said preliminary objection.
“Indeed he went into details and explained the objection raised by 2nd Applicant which he described as the ‘the Baba Kamara issue’.
“He added that he could on his own have dismissed the preliminary objection but he had to refer the issue for interpretation only because the Supreme Court is the only body mandated by the Constitution to interpret the Constitution and not because it had any merit.
“Indeed, to a question asked as to whether he was hopeful that the Supreme Court would endorse his view and dismiss the preliminary objection raised he answered in one word ‘definitely’,” the affidavit said.
The applicants said a copy of the recording of the interview had been obtained and a careful perusal of it indicated that Mr Short was most “unprofessional”, as well as intended to incite the public against them.
“That I am advised by counsel and believe same to be true that it is most unprofessional for a judicial or quasi-judicial official such as Commissioner Short to discuss the views of the panel in a pending case before it with a third party and on national television and that the conduct of Commissioner Short, who stated that he was speaking for and on behalf of commission, is such that we cannot be guaranteed a fair hearing before CHRAJ,” the affidavit in support stated.
According to the applicants, their counsel had by a letter dated the March 17, 2010 requested that Mr Short and the commission should cease any further hearing in the matter on the grounds that “CHRAJ by the interview has shown that it is biased and we could not be guaranteed a fair hearing” but stated that the CHRAJ had failed to respond to the letter.
According to the applicants, Mr Short deliberately granted the interview “to incite the public against us. It was done deliberately to put pressure on the Supreme Court to dismiss the preliminary objection which had been referred by CHRAJ itself to the court”.
“That I am advised by counsel that it is improper on the part of Commissioner Short, a quasi-judicial officer, to go on air and discuss the views of chraj sitting on a pending matter in which they are the only adjudicators. We further state that the interview, which to all intends and purpose was voluntary, was without any basis whatsoever, is unwarranted and not supported by any law.
That we are of the firm belief that we cannot be guaranteed a fair hearing and that the CHRAJ be prohibited from any further hearing of the Mabey& Johnson investigation,” the affidavit in support pointed out.
According to the applicants, prohibiting CHRAJ “from investigating us would give meaning to the fact that justice should not only be done but should be seen to be manifestly being done.”
SIX persons who were alleged to have been cited in the Mabey & Johnson bribery scandal, have dragged the Commission on Human Rights and Administrative Justice (CHRAJ) to the High Court praying the court to stop the CHRAJ from investigating or hearing the bribery case.
In an application for judicial review, the six are praying the court to issue an order of prohibition to prevent the CHRAJ from conducting any further hearing into the allegation of corruption in the Mabey & Johnson investigations.
The six — Messrs Kwame Peprah, Alhaji Baba Kamara, Alhaji Boniface Abubakar Saddique, Alhaji Amadu Seidu, Brigadier-General Lord Attivor and Dr Ato Quarshie — were alleged to have compromised themselves during Mabey & Johnson Limited operations in Ghana between 1993 and 2006 but have denied any wrongdoing.
In an application for judicial review, the six accused the Commissioner of CHRAJ, Mr Francis Emil 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 quoted on “Good Evening Ghana”, a current affairs programme on Metro TV, as stating that the preliminary objection raised as to the jurisdiction of CHRAJ to investigate private individuals was incompetent and would be dismissed by the Supreme Court.
An affidavit in support of the motion for judicial review, which was sworn on behalf of the applicants by Mr Peprah, stated that it was wrong for the commissioner to state that there was no basis for Alhaji Kamara to raise preliminary objections on the grounds that he (Alhaji Kamara) was not a public official at the time the alleged offence was committed but he (Mr Short) would all the same refer the matter to the Supreme Court for interpretation.
“That I am advised by counsel that, that ruling delivered by CHRAJ was most improper in that having come to the conclusion that there was an issue for interpretation of the Constitution by the Supreme Court, CHRAJ’s only duty was to comply with the provisions of the 1992 Constitution and refer the issue for interpretation of the Constitution to the Supreme Court but not to offer any opinion on same,” the affidavit in support pointed out.
The affidavit further stated that counsel for the applicants raised an objection to the effect that the commission’s mandate as provided under Article 218(e) related to only current public officers and not former public officers.
It said the CHRAJ accordingly adjourned ruling on the issue of whether or not it had jurisdiction to investigate ex-public officers to March 29, 2010.
According to the applicants, the CHRAJ overruled their objection to the appointment of a private legal practitioner to represent the commission and further adjourned its reasons to March 29, 2010.
It further pointed out that a day after the hearing and specifically on Tuesday March 16, 2010, Mr Short, the Head of the CHRAJ panel hearing the case, granted an extensive interview on Metro TV, which lasted an hour, and stated among others that documents he had received from the UK indicated that moneys paid to the applicants were bribes.
Such assertion by Mr Short, according to the applicants, was unfortunate, as he had by his statement already predetermined the case and come to a conclusion that the applicants had received bribes.
“That Commissioner Short in answer to a question from the interviewer inferred that our preliminary objection raised as to whether CHRAJ had the power to investigate ex-public officials was without any basis whatsoever. This was when he stated that ‘the Baba Kamara case is slightly different’.
“The inference was that the case against the ex-public officials which was raised on our behalf would not be referred to the Supreme Court. I am advised by counsel that this was most strange in that CHRAJ had reserved ruling on the case for March 29, 2010,” the affidavit in support stated.
“That Commissioner Short further stated that even though he had referred the issue of whether the CHRAJ could investigate a private person for interpretation to the Supreme Court, the Supreme Court would dismiss the said preliminary objection.
“Indeed he went into details and explained the objection raised by 2nd Applicant which he described as the ‘the Baba Kamara issue’.
“He added that he could on his own have dismissed the preliminary objection but he had to refer the issue for interpretation only because the Supreme Court is the only body mandated by the Constitution to interpret the Constitution and not because it had any merit.
“Indeed, to a question asked as to whether he was hopeful that the Supreme Court would endorse his view and dismiss the preliminary objection raised he answered in one word ‘definitely’,” the affidavit said.
The applicants said a copy of the recording of the interview had been obtained and a careful perusal of it indicated that Mr Short was most “unprofessional”, as well as intended to incite the public against them.
“That I am advised by counsel and believe same to be true that it is most unprofessional for a judicial or quasi-judicial official such as Commissioner Short to discuss the views of the panel in a pending case before it with a third party and on national television and that the conduct of Commissioner Short, who stated that he was speaking for and on behalf of commission, is such that we cannot be guaranteed a fair hearing before CHRAJ,” the affidavit in support stated.
According to the applicants, their counsel had by a letter dated the March 17, 2010 requested that Mr Short and the commission should cease any further hearing in the matter on the grounds that “CHRAJ by the interview has shown that it is biased and we could not be guaranteed a fair hearing” but stated that the CHRAJ had failed to respond to the letter.
According to the applicants, Mr Short deliberately granted the interview “to incite the public against us. It was done deliberately to put pressure on the Supreme Court to dismiss the preliminary objection which had been referred by CHRAJ itself to the court”.
“That I am advised by counsel that it is improper on the part of Commissioner Short, a quasi-judicial officer, to go on air and discuss the views of chraj sitting on a pending matter in which they are the only adjudicators. We further state that the interview, which to all intends and purpose was voluntary, was without any basis whatsoever, is unwarranted and not supported by any law.
That we are of the firm belief that we cannot be guaranteed a fair hearing and that the CHRAJ be prohibited from any further hearing of the Mabey& Johnson investigation,” the affidavit in support pointed out.
According to the applicants, prohibiting CHRAJ “from investigating us would give meaning to the fact that justice should not only be done but should be seen to be manifestly being done.”
Counsel urged to rescind decision
Friday, March 26, 2010 (Page 31)
FAMILY members of the two soldiers accused of killing Alhaji Issa Mobilla are appealing to counsel for the soldiers who withdrew his services on Monday to rescind his decision.
Corporal Yaw Appiah and Private Eric Modzaka have, accordingly, prayed the High Court to give them a few days to either search for a new lawyer or convince their lawyer to come back and defend them in the trial in which they are facing two counts of conspiracy and murder.
Private Modzaka made the appeal at the court’s sitting in Accra yesterday and stated that he and Cpl Appiah’s family members were currently prevailing on the lawyer to continue defending them.
He made the announcement after the trial judge, Mr Justice Senyo Dzamefe, had enquired whether or not they had succeeded in procuring the services of a new lawyer.
A Chief State Attorney, Ms Ann Penelope Marmattah, did not object to the soldiers’ plea, with the explanation that the two were facing trial of indictment and it was important they had access to legal counsel.
Mr Justice Dzamefe granted their request and adjourned the case to Tuesday, March 30, 2010.
He, however, indicated that the court would solicit the services of the Legal Aid to assign them legal representation if they did not procure the services of a lawyer by March 31, 2010.
He reiterated his advice to the media to report only matters which occurred in the courtroom.
On Monday, March 22, 2010, counsel for the two soldiers, 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 Justice Dzamefe announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers. He said Mr Sory cited personal reasons for his withdrawal.
The soldiers, who have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, the former Northern Regional Chairman of the Convention People’s Party (CPP), sat in awe and bewilderment after the judge had announced their lawyer’s decision.
A third accused person, Private Seth Goka, is on the run and will be tried in absentia.
It all began when a Chief State Attorney, Ms Penelope Ann Marmattah, prayed the court to allow the prosecution to recall Lance Corporal Mathias Avenori, following Sergeant George Mensah Kpligli’s evidence that he (Sgt Kpligli) had been present when Appiah hit Mobilla’s chest with a stick.
Sgt Kpligli had also told the court that he was demoted, while his two colleagues were dismissed from the Ghana Police Service, following their insistence to state the exact issues which had led to Mobilla’s death on December 9, 2004.
Sgt Kpligli’s testimony received a sharp rebuttal from Mr Sory, who accused him of being the person who had begun assaulting Mobilla when he (Mobilla) refused to be put behind bars.
Mr Sory also accused Sgt Kpligli of concocting stories against the soldiers when he (Sgt Kpligli) had clearly stated the contrary in his caution statement.
He also described as unfortunate the prosecution’s application to recall L/Cpl Avenori after it had called, interviewed and later put L/Cpl Avenori in the box to state issues which had no bearing with Sgt Kpligli’s testimony.
Mr Sory described the prosecution’s application as “an application to reconstruct the case” and said it would be most unfortunate and unfair if the court allowed the prosecution to recall the witness.
Replying, Ms Marmattah explained that Sgt Kpligli’s revelations came only last Friday when he was interviewed by the prosecution and further stated that the prosecution was only after the truth.
In his ruling, the trial judge, Mr Justice Senyo Dzamefe, said the law permitted the court to use its discretion and for that reason he would grant leave and allow the prosecution to recall the witness in the interest of justice and for the truth to prevail.
FAMILY members of the two soldiers accused of killing Alhaji Issa Mobilla are appealing to counsel for the soldiers who withdrew his services on Monday to rescind his decision.
Corporal Yaw Appiah and Private Eric Modzaka have, accordingly, prayed the High Court to give them a few days to either search for a new lawyer or convince their lawyer to come back and defend them in the trial in which they are facing two counts of conspiracy and murder.
Private Modzaka made the appeal at the court’s sitting in Accra yesterday and stated that he and Cpl Appiah’s family members were currently prevailing on the lawyer to continue defending them.
He made the announcement after the trial judge, Mr Justice Senyo Dzamefe, had enquired whether or not they had succeeded in procuring the services of a new lawyer.
A Chief State Attorney, Ms Ann Penelope Marmattah, did not object to the soldiers’ plea, with the explanation that the two were facing trial of indictment and it was important they had access to legal counsel.
Mr Justice Dzamefe granted their request and adjourned the case to Tuesday, March 30, 2010.
He, however, indicated that the court would solicit the services of the Legal Aid to assign them legal representation if they did not procure the services of a lawyer by March 31, 2010.
He reiterated his advice to the media to report only matters which occurred in the courtroom.
On Monday, March 22, 2010, counsel for the two soldiers, 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 Justice Dzamefe announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers. He said Mr Sory cited personal reasons for his withdrawal.
The soldiers, who have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, the former Northern Regional Chairman of the Convention People’s Party (CPP), sat in awe and bewilderment after the judge had announced their lawyer’s decision.
A third accused person, Private Seth Goka, is on the run and will be tried in absentia.
It all began when a Chief State Attorney, Ms Penelope Ann Marmattah, prayed the court to allow the prosecution to recall Lance Corporal Mathias Avenori, following Sergeant George Mensah Kpligli’s evidence that he (Sgt Kpligli) had been present when Appiah hit Mobilla’s chest with a stick.
Sgt Kpligli had also told the court that he was demoted, while his two colleagues were dismissed from the Ghana Police Service, following their insistence to state the exact issues which had led to Mobilla’s death on December 9, 2004.
Sgt Kpligli’s testimony received a sharp rebuttal from Mr Sory, who accused him of being the person who had begun assaulting Mobilla when he (Mobilla) refused to be put behind bars.
Mr Sory also accused Sgt Kpligli of concocting stories against the soldiers when he (Sgt Kpligli) had clearly stated the contrary in his caution statement.
He also described as unfortunate the prosecution’s application to recall L/Cpl Avenori after it had called, interviewed and later put L/Cpl Avenori in the box to state issues which had no bearing with Sgt Kpligli’s testimony.
Mr Sory described the prosecution’s application as “an application to reconstruct the case” and said it would be most unfortunate and unfair if the court allowed the prosecution to recall the witness.
Replying, Ms Marmattah explained that Sgt Kpligli’s revelations came only last Friday when he was interviewed by the prosecution and further stated that the prosecution was only after the truth.
In his ruling, the trial judge, Mr Justice Senyo Dzamefe, said the law permitted the court to use its discretion and for that reason he would grant leave and allow the prosecution to recall the witness in the interest of justice and for the truth to prevail.
Bawku MP wins another case
Friday, March 26, 2010 (Page 3 Lead)
THE Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, yesterday won another legal victory over the cattle farmer who instituted legal action against the MP at the High Court last year.
His victory was as a result of the Court of Appeal’s decision to affirm its earlier decision which set aside the cattle dealer’s writ of summons which challenged the MP’s nationality.
Exactly a week yesterday, the Court of Appeal declared the decision by the High Court which ordered the MP to vacate his seat as null and void.
The court had, in a unanimous decision, held that the writ of summons filed by Mr Sumaila Biebel which challenged the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It, accordingly, upheld submissions for counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action” and awarded costs of GH¢2,000 against Mr Biebel.
At the Court of Appeal’s sitting in Accra yesterday, it was of the view that there was no point delving into Mr Sakande’s appeal against the High Court’s decision not to set aside its default judgement to enable the MP to file his defence on the grounds that the court’s earlier order had “overtaken” what it would have done yesterday.
The court, presided over by Mr Justice A. Asare-Korang, Mr Justice S. E. Kanyoke and Mr Justice W. H. K. Addo, accordingly upheld Mr Sakande’s appeal and awarded GH¢2,000 costs against Mr Biebel.
Mr Sakande was represented by Mr Egbert Faibille, while Mr Biebel was represented by Dr Raymond Atuguba.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as MP.
However, lawyers for the MP appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
The lawyers, therefore, prayed the Court of Appeal to set aside the writ of summons which, they argued, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
In his appeal, the MP had challenged the lower court’s jurisdiction and capacity and contended that the plaintiff’s suit was an electoral petition “dressed as a constitutional enforcement action”.
THE Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, yesterday won another legal victory over the cattle farmer who instituted legal action against the MP at the High Court last year.
His victory was as a result of the Court of Appeal’s decision to affirm its earlier decision which set aside the cattle dealer’s writ of summons which challenged the MP’s nationality.
Exactly a week yesterday, the Court of Appeal declared the decision by the High Court which ordered the MP to vacate his seat as null and void.
The court had, in a unanimous decision, held that the writ of summons filed by Mr Sumaila Biebel which challenged the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It, accordingly, upheld submissions for counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action” and awarded costs of GH¢2,000 against Mr Biebel.
At the Court of Appeal’s sitting in Accra yesterday, it was of the view that there was no point delving into Mr Sakande’s appeal against the High Court’s decision not to set aside its default judgement to enable the MP to file his defence on the grounds that the court’s earlier order had “overtaken” what it would have done yesterday.
The court, presided over by Mr Justice A. Asare-Korang, Mr Justice S. E. Kanyoke and Mr Justice W. H. K. Addo, accordingly upheld Mr Sakande’s appeal and awarded GH¢2,000 costs against Mr Biebel.
Mr Sakande was represented by Mr Egbert Faibille, while Mr Biebel was represented by Dr Raymond Atuguba.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as MP.
However, lawyers for the MP appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
The lawyers, therefore, prayed the Court of Appeal to set aside the writ of summons which, they argued, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
In his appeal, the MP had challenged the lower court’s jurisdiction and capacity and contended that the plaintiff’s suit was an electoral petition “dressed as a constitutional enforcement action”.
'Prisoners can vote'
Wednesday, March 24, 2010 (Frot Page)
THE Supreme Court, in a landmark decision on March 23, 2010, gave the nod to more than 13,586 remand and convicted prisoners in the country to exercise their franchise.
To cement its decision, the court directed the Electoral Commission (EC) to come out with a Constitutional Instrument (CI) to create the legal framework that will facilitate the inclusion of prisoners in the voters register for the next general election.
The court, presided over by the Chief Justice, Mrs Justice Georgina Theodora Wood, in a unanimous decision, upheld an application filed on behalf of remand and convicted prisoners by two legal practitioners, Messrs Ahumah Ocansey and Kojo Graham of the Centre for Human Rights and Civil Liberties (CHURCIL).
The two had, in separate suits which were consolidated by the court on November 12, 2009, prayed the court to declare as null and void sections of PNDC Law 284 which barred remand and convicted prisoners from voting.
Joined in the suit were the Attorney-General and the EC.
The A-G’s Department had opposed the suit on the grounds that the reliefs being sought by the two lawyers were against the public interest, while the EC had prayed the court to exclude it from the suit. The court, however, disagreed.
In a three-and-a-half-hour ruling, the court which had Dr Justice S. K. Date-Bah, Ms Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice Annin Yeboah as its members, ruled that, “The 1992 Constitution, per Article 42, grants all citizens of Ghana who are 18 years and above and are of sound mind the right to be registered to enable them to vote in all public elections and referenda.
“This right extends or includes all convicted prisoners, irrespective of the provisions of Section 7 (5) of the Representation of the People Law, 1992, (PNDC Law 284) which imposes a residency requirement or qualification under which convicted prisoners were deemed disqualified.”
It, therefore, declared as void Section 7 (5) of Law 284, since it was inconsistent with Article 42 of the 1992 Constitution.
It further stated that to avoid chaos and hasty decisions, it was imperative for the EC to come up with rules and regulations to regulate the registration exercise.
“This is to ensure that such an exercise is efficiently and effectively managed, controlled and directed to operationalise the registration of prisoners to enable them to vote in future elections and referenda such as will ensure harmonious interface with the Prisons Service Act 1972 NRCD 46 and all the other relevant stakeholders,” the court held.
In reply to the A-G’s opposition, it contended that it found it extremely difficult to understand what constitutionally legitimate interest was served by the non-recognition of the prisons as places of residence for the purpose of voter registration, even for those who had been convicted of high crimes such as subversion and high treason.
“Even for those who attempt to derail the democratic process, voting remains an important means of teaching them democratic values,” the court pointed out.
It commended the two legal practitioners “for taking up this important constitutional case on behalf of prisoners and for the industry they put into this work, which was done pro bono”.
According to the court, it could not overlook the crucial role played by the two lawyers who advanced the frontiers of human rights law in Ghana’s justice system free of charge to prisoners.
THE Supreme Court, in a landmark decision on March 23, 2010, gave the nod to more than 13,586 remand and convicted prisoners in the country to exercise their franchise.
To cement its decision, the court directed the Electoral Commission (EC) to come out with a Constitutional Instrument (CI) to create the legal framework that will facilitate the inclusion of prisoners in the voters register for the next general election.
The court, presided over by the Chief Justice, Mrs Justice Georgina Theodora Wood, in a unanimous decision, upheld an application filed on behalf of remand and convicted prisoners by two legal practitioners, Messrs Ahumah Ocansey and Kojo Graham of the Centre for Human Rights and Civil Liberties (CHURCIL).
The two had, in separate suits which were consolidated by the court on November 12, 2009, prayed the court to declare as null and void sections of PNDC Law 284 which barred remand and convicted prisoners from voting.
Joined in the suit were the Attorney-General and the EC.
The A-G’s Department had opposed the suit on the grounds that the reliefs being sought by the two lawyers were against the public interest, while the EC had prayed the court to exclude it from the suit. The court, however, disagreed.
In a three-and-a-half-hour ruling, the court which had Dr Justice S. K. Date-Bah, Ms Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice Annin Yeboah as its members, ruled that, “The 1992 Constitution, per Article 42, grants all citizens of Ghana who are 18 years and above and are of sound mind the right to be registered to enable them to vote in all public elections and referenda.
“This right extends or includes all convicted prisoners, irrespective of the provisions of Section 7 (5) of the Representation of the People Law, 1992, (PNDC Law 284) which imposes a residency requirement or qualification under which convicted prisoners were deemed disqualified.”
It, therefore, declared as void Section 7 (5) of Law 284, since it was inconsistent with Article 42 of the 1992 Constitution.
It further stated that to avoid chaos and hasty decisions, it was imperative for the EC to come up with rules and regulations to regulate the registration exercise.
“This is to ensure that such an exercise is efficiently and effectively managed, controlled and directed to operationalise the registration of prisoners to enable them to vote in future elections and referenda such as will ensure harmonious interface with the Prisons Service Act 1972 NRCD 46 and all the other relevant stakeholders,” the court held.
In reply to the A-G’s opposition, it contended that it found it extremely difficult to understand what constitutionally legitimate interest was served by the non-recognition of the prisons as places of residence for the purpose of voter registration, even for those who had been convicted of high crimes such as subversion and high treason.
“Even for those who attempt to derail the democratic process, voting remains an important means of teaching them democratic values,” the court pointed out.
It commended the two legal practitioners “for taking up this important constitutional case on behalf of prisoners and for the industry they put into this work, which was done pro bono”.
According to the court, it could not overlook the crucial role played by the two lawyers who advanced the frontiers of human rights law in Ghana’s justice system free of charge to prisoners.
Pacific Institute opens branch in Ghana
Monday, March 22, 2010 (Page 38)
THE Pacific Institute (TPI), a development oriented organisation based in Seattle, USA, has set up an office in Ghana to oversee its operations in West Africa.
The Project Director in charge of West Africa, Mr Steve Pappajohn, told the Daily Graphic that the TPI, which operates in more than 60 countries, chose Ghana as its headquarters in West Africa because “Ghana is currently a vibrant place for business in Africa”.
Showering tonnes of praises on Ghana, Mr Pappajohn, who visited Ghana recently, said the country currently enjoyed a lot of international admiration for its thriving democracy and business atmosphere.
“Ghana is making great strides to become an economic force and this a great platform to grow on because there is a great deal of potential in Ghana which can be tapped by the TPI for the benefit of all,” he pointed out.
Mapping out the strategies for the Ghana office, he said facilitators would be trained in Ghana, while home-grown strategies would also be adopted.
He said programmes were drawn to suit the needs of employers and employees in order to build capacity to facilitate the progress of companies.
He explained that the TPI had a track record of changing the behavioural pattern of employees to align with the goals of their employers in order to fulfil the vision of their companies.
According to him, TPI had so far held meetings with heads of banks, manufacturing companies, non-governmental organisations (NGOs), professional bodies, among others, adding that those meetings had so far been fruitful.
Mr Pappajohn expressed the hope that companies and the general public would embrace the TPI curriculum because “TPI has, over the years, propelled American companies to increase productivity at all levels”.
For his part, the local representative of TPI, Mr Christian Tetteh Sottie, said TPI had tried to operate in the country since 2004, with a focus on the public sector, but that did not yield many results.
He explained that attention had been shifted towards the corporate world where TPI had structured a curriculum to assist companies to cut down on expenditure, increase productivity and build the capacity of their workforce.
“We want to help companies to motivate their staff to achieve goals and increase their profit margins,” Mr Sottie added.
THE Pacific Institute (TPI), a development oriented organisation based in Seattle, USA, has set up an office in Ghana to oversee its operations in West Africa.
The Project Director in charge of West Africa, Mr Steve Pappajohn, told the Daily Graphic that the TPI, which operates in more than 60 countries, chose Ghana as its headquarters in West Africa because “Ghana is currently a vibrant place for business in Africa”.
Showering tonnes of praises on Ghana, Mr Pappajohn, who visited Ghana recently, said the country currently enjoyed a lot of international admiration for its thriving democracy and business atmosphere.
“Ghana is making great strides to become an economic force and this a great platform to grow on because there is a great deal of potential in Ghana which can be tapped by the TPI for the benefit of all,” he pointed out.
Mapping out the strategies for the Ghana office, he said facilitators would be trained in Ghana, while home-grown strategies would also be adopted.
He said programmes were drawn to suit the needs of employers and employees in order to build capacity to facilitate the progress of companies.
He explained that the TPI had a track record of changing the behavioural pattern of employees to align with the goals of their employers in order to fulfil the vision of their companies.
According to him, TPI had so far held meetings with heads of banks, manufacturing companies, non-governmental organisations (NGOs), professional bodies, among others, adding that those meetings had so far been fruitful.
Mr Pappajohn expressed the hope that companies and the general public would embrace the TPI curriculum because “TPI has, over the years, propelled American companies to increase productivity at all levels”.
For his part, the local representative of TPI, Mr Christian Tetteh Sottie, said TPI had tried to operate in the country since 2004, with a focus on the public sector, but that did not yield many results.
He explained that attention had been shifted towards the corporate world where TPI had structured a curriculum to assist companies to cut down on expenditure, increase productivity and build the capacity of their workforce.
“We want to help companies to motivate their staff to achieve goals and increase their profit margins,” Mr Sottie added.
Tuesday, March 23, 2010
Mobilla's case : Lawyer of accused steps down
Tuesday, March 23, 2010 (Page 3 Lead)
Counsel for the two soldiers accused of killing Alhaji Issa Mobilla yesterday shocked his clients and the public when he withdrew his services.
Mr Thaddeus Sory, who had been defending Corporal Yaw Appiah and Private Eric Modzaka, withdrew his services after the court had upheld the prosecution’s plea to recall a witness who had already testified in the case.
The trial judge, Mr Justice Senyo Dzamefe, announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers.
The soldiers, who have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, the former Northern Regional Chairman of the Convention People’s Party (CPP), sat in awe and bewilderment after the judge had announced their lawyer’s decision.
Mr Sory did not give any official reason for his decision but he had earlier openly stated his displeasure at the way and manner the prosecution was “ambushing” the defence as if the rights of the accused persons did not matter.
The court has since given the accused persons three days to procure the services of a lawyer. A third accused person, Private Seth Goka, is on the run and will be tried in absentia.
It all began when a Chief State Attorney, Ms Penelope Ann Marmattah, prayed the court to allow the prosecution to recall Lance Corporal Mathias Avenori, following Sergeant George Mensah Kpligli’s evidence that he (Sgt Kpligli) had been present when Appiah hit Mobilla’s chest with a stick.
Sgt Kpligli had also told the court that he was demoted, while his two colleagues were dismissed from the Ghana Police Service, following their insistence to state the exact issues which had led to Mobilla’s death on December 9, 2004.
The witness further alleged that the Northern Regional Police Commander at the time, Assistant Commissioner of Police Mr Oko Brakatu, had also destroyed several statements that he (Sgt Kpligli) had taken from witnesses in the case because Mr Brakatu had alleged that those statements were injurious to the image of the military.
According to him, he did not add those issues to his statement because he had been ordered not to do so.
Sgt Kpligli’s testimony received a sharp rebuttal from Mr Sory, who accused him of being the person who had begun assaulting Mobilla when he (Mobilla) refused to be put behind bars.
Mr Sory also accused Sgt Kpligli of concocting stories against the soldiers when he (Sgt Kpligli) had clearly stated the contrary in his caution statement.
He also described as unfortunate the prosecution’s application to recall L/Cpl Avenori after it had called, interviewed and later put L/Cpl Avenori in the box to state issues which had no bearing with Sgt Kpligli’s testimony.
Mr Sory described the prosecution’s application as “an application to reconstruct the case” and said it would be most unfortunate and unfair if the court allowed the prosecution to recall the witness.
Replying, Ms Marmattah explained that Sgt Kpligli’s revelations came only last Friday when he was interviewed by the prosecution and further stated that the prosecution was only after the truth.
In his ruling, the trial judge, Mr Justice Senyo Dzamefe, said the law permitted the court to use its discretion and for that reason he would grant leave and allow the prosecution to recall the witness in the interest of justice and for the truth to prevail.
The judge then stood the case down for a few minutes and entered his chambers.
Mr Sory sprang to his feet immediately the judge left, in utter dismay at the court’s decision.
Other lawyers and the prosecution looked on helplessly as Mr Sory openly expressed his frustration at the way the soldiers were being treated. He and the prosecution later went to the judge’s chambers where he formally announced his decision.
Earlier, the court had given Modzaka 24 hours to provide the particulars of the two persons he had claimed he had been with on the day Mobilla was allegedly killed, following a notice pleading alibi filed on his behalf by Mr Sory.
Mr Kpligli had, in his evidence-in-chief, told the court that he had been, on December 9, 2004, assigned to effect the arrest of Mobilla who was alleged to be supplying the youth of Tamale with ammunition to foment trouble.
He said Mobilla was neither at home nor in his office at the Bolgatanga-Tamale branch of the Ghana Private Road Transport Union (GPRTU) when he (Sgt Kpligli) visited those places. He later received information that Mobilla had shown up at the police station.
According to him, Mobilla gave a statement and denied any wrongdoing but he (Kpligli) later handed him (Mobilla) over to a female police officer, whom he named only as Sgt Akpene, to prepare Mobilla for cells around 1.48 p.m.
The witness said he had been instructed with two other officers, including L/Cpl Avenori, to transfer Mobilla to the Kamina Barracks to be placed under military guard.
He said he and the other officers spent about 30 minutes at the Kamina Barracks before leaving, adding that he also took statements from the accused persons who also denied any wrongdoing.
Hearing continues on March 25, 2010.
Counsel for the two soldiers accused of killing Alhaji Issa Mobilla yesterday shocked his clients and the public when he withdrew his services.
Mr Thaddeus Sory, who had been defending Corporal Yaw Appiah and Private Eric Modzaka, withdrew his services after the court had upheld the prosecution’s plea to recall a witness who had already testified in the case.
The trial judge, Mr Justice Senyo Dzamefe, announced Mr Sory’s withdrawal after he had briefly met the defence and prosecution teams in his chambers.
The soldiers, who have pleaded not guilty to two counts of conspiracy and murder of Alhaji Mobilla, the former Northern Regional Chairman of the Convention People’s Party (CPP), sat in awe and bewilderment after the judge had announced their lawyer’s decision.
Mr Sory did not give any official reason for his decision but he had earlier openly stated his displeasure at the way and manner the prosecution was “ambushing” the defence as if the rights of the accused persons did not matter.
The court has since given the accused persons three days to procure the services of a lawyer. A third accused person, Private Seth Goka, is on the run and will be tried in absentia.
It all began when a Chief State Attorney, Ms Penelope Ann Marmattah, prayed the court to allow the prosecution to recall Lance Corporal Mathias Avenori, following Sergeant George Mensah Kpligli’s evidence that he (Sgt Kpligli) had been present when Appiah hit Mobilla’s chest with a stick.
Sgt Kpligli had also told the court that he was demoted, while his two colleagues were dismissed from the Ghana Police Service, following their insistence to state the exact issues which had led to Mobilla’s death on December 9, 2004.
The witness further alleged that the Northern Regional Police Commander at the time, Assistant Commissioner of Police Mr Oko Brakatu, had also destroyed several statements that he (Sgt Kpligli) had taken from witnesses in the case because Mr Brakatu had alleged that those statements were injurious to the image of the military.
According to him, he did not add those issues to his statement because he had been ordered not to do so.
Sgt Kpligli’s testimony received a sharp rebuttal from Mr Sory, who accused him of being the person who had begun assaulting Mobilla when he (Mobilla) refused to be put behind bars.
Mr Sory also accused Sgt Kpligli of concocting stories against the soldiers when he (Sgt Kpligli) had clearly stated the contrary in his caution statement.
He also described as unfortunate the prosecution’s application to recall L/Cpl Avenori after it had called, interviewed and later put L/Cpl Avenori in the box to state issues which had no bearing with Sgt Kpligli’s testimony.
Mr Sory described the prosecution’s application as “an application to reconstruct the case” and said it would be most unfortunate and unfair if the court allowed the prosecution to recall the witness.
Replying, Ms Marmattah explained that Sgt Kpligli’s revelations came only last Friday when he was interviewed by the prosecution and further stated that the prosecution was only after the truth.
In his ruling, the trial judge, Mr Justice Senyo Dzamefe, said the law permitted the court to use its discretion and for that reason he would grant leave and allow the prosecution to recall the witness in the interest of justice and for the truth to prevail.
The judge then stood the case down for a few minutes and entered his chambers.
Mr Sory sprang to his feet immediately the judge left, in utter dismay at the court’s decision.
Other lawyers and the prosecution looked on helplessly as Mr Sory openly expressed his frustration at the way the soldiers were being treated. He and the prosecution later went to the judge’s chambers where he formally announced his decision.
Earlier, the court had given Modzaka 24 hours to provide the particulars of the two persons he had claimed he had been with on the day Mobilla was allegedly killed, following a notice pleading alibi filed on his behalf by Mr Sory.
Mr Kpligli had, in his evidence-in-chief, told the court that he had been, on December 9, 2004, assigned to effect the arrest of Mobilla who was alleged to be supplying the youth of Tamale with ammunition to foment trouble.
He said Mobilla was neither at home nor in his office at the Bolgatanga-Tamale branch of the Ghana Private Road Transport Union (GPRTU) when he (Sgt Kpligli) visited those places. He later received information that Mobilla had shown up at the police station.
According to him, Mobilla gave a statement and denied any wrongdoing but he (Kpligli) later handed him (Mobilla) over to a female police officer, whom he named only as Sgt Akpene, to prepare Mobilla for cells around 1.48 p.m.
The witness said he had been instructed with two other officers, including L/Cpl Avenori, to transfer Mobilla to the Kamina Barracks to be placed under military guard.
He said he and the other officers spent about 30 minutes at the Kamina Barracks before leaving, adding that he also took statements from the accused persons who also denied any wrongdoing.
Hearing continues on March 25, 2010.
Monday, March 22, 2010
Mobilla caswe _ New revelations emerge
Saturday, March 20, 2010 (Page 3 Lead)
ONE of the prosecutors in the trial of the two soldiers who are in the dock for allegedly murdering the ex-Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, yesterday told the Accra Fast Track High Court that new revelations bordering on the case had emerged.
A Chief State Attorney, Ms Penelope Ann Marmattah, therefore, prayed the court to give a short adjournment to enable “us put our house in order”.
According to her, the adjournment was needed to enable the prosecution to file the necessary papers.
She, however, did not disclose what those revelations were.
Ms Marmattah’s announcement and plea came almost two hours after the matter was scheduled to be heard.
Counsel for the soldiers, Mr Thaddeus Sory, said it was surprising for the prosecution to come up with those revelations after it had made the court to believe that two witnesses would be called yesterday.
The court, presided over by Mr Justice Senyo Dzamefe, accordingly adjourned the matter to Monday, March 22, 2010.
Corporal Yaw Appiah and Private Eric Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their accomplice, Private Seth Goka, who is on the run, will be tried in absentia.
The court, on Thursday, granted a request by the prosecution to confine jurors in the case.
It, however, deferred the confinement to a later date after conferring with the prosecution, defence counsel and the registrar of the Fast Track High Court.
The registrar is expected to communicate the date on which the confinement will begin to the court.
A total of four witnesses have so far testified in the case which began full hearing on Wednesday, March 17, 2010.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
ONE of the prosecutors in the trial of the two soldiers who are in the dock for allegedly murdering the ex-Northern Regional Chairman of the Convention People’s Party (CPP), Alhaji Issa Mobilla, yesterday told the Accra Fast Track High Court that new revelations bordering on the case had emerged.
A Chief State Attorney, Ms Penelope Ann Marmattah, therefore, prayed the court to give a short adjournment to enable “us put our house in order”.
According to her, the adjournment was needed to enable the prosecution to file the necessary papers.
She, however, did not disclose what those revelations were.
Ms Marmattah’s announcement and plea came almost two hours after the matter was scheduled to be heard.
Counsel for the soldiers, Mr Thaddeus Sory, said it was surprising for the prosecution to come up with those revelations after it had made the court to believe that two witnesses would be called yesterday.
The court, presided over by Mr Justice Senyo Dzamefe, accordingly adjourned the matter to Monday, March 22, 2010.
Corporal Yaw Appiah and Private Eric Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their accomplice, Private Seth Goka, who is on the run, will be tried in absentia.
The court, on Thursday, granted a request by the prosecution to confine jurors in the case.
It, however, deferred the confinement to a later date after conferring with the prosecution, defence counsel and the registrar of the Fast Track High Court.
The registrar is expected to communicate the date on which the confinement will begin to the court.
A total of four witnesses have so far testified in the case which began full hearing on Wednesday, March 17, 2010.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
Friday, March 19, 2010
Suit against Bawku MP null and void
Friday, March 19, 2010 (Page 3 Lead)
THE civil suit instituted against the Member of Parliament (MP) for Bawku Central at the Fast Track High Court by a cattle farmer suffered a blow yesterday when the Court of Appeal set aside the cattle dealer’s writ of summons.
In effect, the decision by the High Court which ordered the MP, Mr Adamu Daramani Sakande, to vacate his seat has been rendered null and void.
The court, in a unanimous decision, held that the writ of summons filed by Mr Sumaila Biebel which challenged the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It upheld submissions for counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action”.
The court awarded costs of GH¢2,000 against Mr Biebel.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as an MP.
However, Mr Kulendi appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
Counsel, therefore, prayed the Court of Appeal to set aside the writ of summons which, he said, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
In a unanimous decision, the court, presided over by Mr Justice J. A. Akamba, upheld Mr Kulendi’s submissions and held that the writ of summons which challenged the eligibility of the MP to stand for election and to be subsequently elected as MP “was wrong in law”.
The court, which had Messrs Justices Samuel Marful-Sau and C. J. Hornyenugah as panel members, accordingly set aside the writ of summons after citing authorities to buttress its decision.
After the court’s ruling, Mr Kulendi prayed the court to award GH¢15,000 costs against Mr Biebel, but counsel for Mr Biebel, Dr Raymond Atuguba, said the figure was on a high side and it would scare potential litigants from seeking redress in court.
The court then decided on GH¢2,000 costs against Mr Biebel.
In his appeal, the MP had challenged the lower court’s jurisdiction and capacity and contended that the plaintiff’s suit was an electoral petition “dressed as a constitutional enforcement action”.
Mr Biebel indicated that he would appeal against the Court of Appeal’s decision at the Supreme Court.
THE civil suit instituted against the Member of Parliament (MP) for Bawku Central at the Fast Track High Court by a cattle farmer suffered a blow yesterday when the Court of Appeal set aside the cattle dealer’s writ of summons.
In effect, the decision by the High Court which ordered the MP, Mr Adamu Daramani Sakande, to vacate his seat has been rendered null and void.
The court, in a unanimous decision, held that the writ of summons filed by Mr Sumaila Biebel which challenged the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It upheld submissions for counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action”.
The court awarded costs of GH¢2,000 against Mr Biebel.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as an MP.
However, Mr Kulendi appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
Counsel, therefore, prayed the Court of Appeal to set aside the writ of summons which, he said, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
In a unanimous decision, the court, presided over by Mr Justice J. A. Akamba, upheld Mr Kulendi’s submissions and held that the writ of summons which challenged the eligibility of the MP to stand for election and to be subsequently elected as MP “was wrong in law”.
The court, which had Messrs Justices Samuel Marful-Sau and C. J. Hornyenugah as panel members, accordingly set aside the writ of summons after citing authorities to buttress its decision.
After the court’s ruling, Mr Kulendi prayed the court to award GH¢15,000 costs against Mr Biebel, but counsel for Mr Biebel, Dr Raymond Atuguba, said the figure was on a high side and it would scare potential litigants from seeking redress in court.
The court then decided on GH¢2,000 costs against Mr Biebel.
In his appeal, the MP had challenged the lower court’s jurisdiction and capacity and contended that the plaintiff’s suit was an electoral petition “dressed as a constitutional enforcement action”.
Mr Biebel indicated that he would appeal against the Court of Appeal’s decision at the Supreme Court.
Mobilla case - Prosecution's request granted
Friday, March 19, 2010 (Centre Spread)
THE Fast Track High Court yesterday granted a request by the prosecution to confine jurors in the case in which two soldiers have been accused of murdering the ex-Northern Regional Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court, however, deferred the confinement to a later date after conferring with the prosecution, defence counsel and the registrar of the Fast Track High Court.
The registrar is expected to communicate the date on which the confinement will begin to the court, presided over by Mr Justice Senyo Dzamefe.
Corporal Yaw Appiah and Private Eric Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their accomplice, Private Seth Goka, who is on the run, will be tried in absentia.
In its ruling, which the foreman of the seven-member jury described as a “blow” to him and his colleagues, the court directed that the cellular phones of the jurors be seized during their confinement.
It also barred the jurors from reading newspapers, watching television, listening to radio or receiving visitors during their confinement.
The trial judge gave the all-male jury the assurance that the court would hear the case on a daily basis to avoid any delay and inconvenience to them.
The court also warned the media to report only matters which occurred in the court and desist from interviewing witnesses in the case.
Its warning came as a result of a complaint from counsel for the accused persons, Mr Thaddeus Sory, who accused Joy FM, a private radio station, of interviewing a witness in the case after the court’s session on Wednesday.
Two police officers, namely, Sergeant Christian Adzakpo and Detective Inspector Anthony Kwaku Kuor, testified at the court’s sitting in Accra yesterday.
Sgt Adzakpo, who is stationed at the Tema Office of the Criminal Investigations Department (CID), told the court that he had been directed on December 11, 2009 by his superior officer to take pictures of the late Alhaji Mobilla at the Tamale Government Hospital mortuary.
According to Sgt Adzakpo, who was at the time stationed in the Tamale office of the Ghana Police Service, he was accompanied by two colleagues to the mortuary to take the pictures.
He said he saw bruises on Alhaji Mobilla’s neck, which he described as “marks of assault”, and further informed the court that he also took pictures when a pathologist arrived from the Komfo Anokye Teaching Hospital to do an autopsy.
Sgt Adzakpo tendered the pictures in evidence. The jurors were allowed to view them.
During cross-examination from Mr Sory, the witness said his camera could not tell the date the pictures were taken and further stated that he did not have anything to do with the deceased.
For his part, Inspector Kuor told the court that he had, on December 9, 2009, been directed to transfer Alhaji Mobilla from the cells at the Tamale Police Station to the military cells at the Kamina Barracks.
According to him, he and two other colleagues handed over Alhaji Mobilla to military personnel, including the two accused persons, who were on duty that day.
He denied an assertion from defence counsel that Ahaji Mobilla was not a healthy person at the time he was being transferred from the police cells.
Hearing continues today.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
THE Fast Track High Court yesterday granted a request by the prosecution to confine jurors in the case in which two soldiers have been accused of murdering the ex-Northern Regional Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court, however, deferred the confinement to a later date after conferring with the prosecution, defence counsel and the registrar of the Fast Track High Court.
The registrar is expected to communicate the date on which the confinement will begin to the court, presided over by Mr Justice Senyo Dzamefe.
Corporal Yaw Appiah and Private Eric Modzaka have pleaded not guilty to two counts of conspiracy and murder.
Their accomplice, Private Seth Goka, who is on the run, will be tried in absentia.
In its ruling, which the foreman of the seven-member jury described as a “blow” to him and his colleagues, the court directed that the cellular phones of the jurors be seized during their confinement.
It also barred the jurors from reading newspapers, watching television, listening to radio or receiving visitors during their confinement.
The trial judge gave the all-male jury the assurance that the court would hear the case on a daily basis to avoid any delay and inconvenience to them.
The court also warned the media to report only matters which occurred in the court and desist from interviewing witnesses in the case.
Its warning came as a result of a complaint from counsel for the accused persons, Mr Thaddeus Sory, who accused Joy FM, a private radio station, of interviewing a witness in the case after the court’s session on Wednesday.
Two police officers, namely, Sergeant Christian Adzakpo and Detective Inspector Anthony Kwaku Kuor, testified at the court’s sitting in Accra yesterday.
Sgt Adzakpo, who is stationed at the Tema Office of the Criminal Investigations Department (CID), told the court that he had been directed on December 11, 2009 by his superior officer to take pictures of the late Alhaji Mobilla at the Tamale Government Hospital mortuary.
According to Sgt Adzakpo, who was at the time stationed in the Tamale office of the Ghana Police Service, he was accompanied by two colleagues to the mortuary to take the pictures.
He said he saw bruises on Alhaji Mobilla’s neck, which he described as “marks of assault”, and further informed the court that he also took pictures when a pathologist arrived from the Komfo Anokye Teaching Hospital to do an autopsy.
Sgt Adzakpo tendered the pictures in evidence. The jurors were allowed to view them.
During cross-examination from Mr Sory, the witness said his camera could not tell the date the pictures were taken and further stated that he did not have anything to do with the deceased.
For his part, Inspector Kuor told the court that he had, on December 9, 2009, been directed to transfer Alhaji Mobilla from the cells at the Tamale Police Station to the military cells at the Kamina Barracks.
According to him, he and two other colleagues handed over Alhaji Mobilla to military personnel, including the two accused persons, who were on duty that day.
He denied an assertion from defence counsel that Ahaji Mobilla was not a healthy person at the time he was being transferred from the police cells.
Hearing continues today.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
Thursday, March 18, 2010
Zita complets testimony against Asamoah-Boateng
Wednesday, March 17, 2010 (Page 3 Lead)
THE Minister of Tourism, Mrs Zita Okaikoi, has completed her testimony in the GH¢86,915.85 renovation works at the Ministry of Information trial involving Mr Stephen Asamoah-Boateng and his wife, Zuleika.
The court discharged Mrs Okaikoi, also a former Minister of Information, at its sitting in Accra yesterday after lawyers for Mr Frank Agyekum, a former Deputy Minister of Information, and Yasmin Domua, a manageress, had indicated that they had no questions for Mrs Okaikoi.
She had, on previous dates, been cross-examined by the other defence lawyers.
When the matter was called yesterday, Messrs Egbert Faibille, counsel for Mr Agyekum, and Thaddeus Sory, counsel for Yasmin, told the court that they had no questions for Mrs Okaikoi, who began testifying in the case from September 2009.
A Chief State Attorney, Mr Anthony Gyambiby, described the lawyers’ decision as a "pleasant surprise" but indicated that he had not brought fresh witnesses to court yesterday because he had expected the lawyers to cross-examine Mrs Okaikoi.
The court also granted permission to Zuleika to travel abroad after her lawyer had pleaded with the court to that effect.
The presiding judge, Mr Justice Charles Quist, however, directed her to return before April 29, 2010, which is the next adjourned date.
Mr Asamoah-Boateng and his wife are standing trial with Mr Agyekum, Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Domua, Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Mr Asamoah-Boateng, together with his wife and the others, are standing trial for allegedly conspiring to contravene the Procurement Act by not following due processes in obtaining a contract amounting to GH¢86,915.85 for renovation work at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document and forgery and possession of false document, while Denkyira also faces a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
THE Minister of Tourism, Mrs Zita Okaikoi, has completed her testimony in the GH¢86,915.85 renovation works at the Ministry of Information trial involving Mr Stephen Asamoah-Boateng and his wife, Zuleika.
The court discharged Mrs Okaikoi, also a former Minister of Information, at its sitting in Accra yesterday after lawyers for Mr Frank Agyekum, a former Deputy Minister of Information, and Yasmin Domua, a manageress, had indicated that they had no questions for Mrs Okaikoi.
She had, on previous dates, been cross-examined by the other defence lawyers.
When the matter was called yesterday, Messrs Egbert Faibille, counsel for Mr Agyekum, and Thaddeus Sory, counsel for Yasmin, told the court that they had no questions for Mrs Okaikoi, who began testifying in the case from September 2009.
A Chief State Attorney, Mr Anthony Gyambiby, described the lawyers’ decision as a "pleasant surprise" but indicated that he had not brought fresh witnesses to court yesterday because he had expected the lawyers to cross-examine Mrs Okaikoi.
The court also granted permission to Zuleika to travel abroad after her lawyer had pleaded with the court to that effect.
The presiding judge, Mr Justice Charles Quist, however, directed her to return before April 29, 2010, which is the next adjourned date.
Mr Asamoah-Boateng and his wife are standing trial with Mr Agyekum, Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Domua, Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Mr Asamoah-Boateng, together with his wife and the others, are standing trial for allegedly conspiring to contravene the Procurement Act by not following due processes in obtaining a contract amounting to GH¢86,915.85 for renovation work at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged document and forgery and possession of false document, while Denkyira also faces a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Tuesday, March 16, 2010
NDC, NPP fans in showdown
Tuesday, March 16, 2010 (Page 3 Lead)
THERE was a showdown between supporters and opponents of Nana Darkwa Baafi, who is standing trial for allegedly publishing false news with intent to cause alarm, as the two groups pelted each other with stones.
A similar showdown between Nana Baafi’s supporters and opponents occurred on March 3, 2010 when they rained insults on each other.
At the sitting of the Cocoa Affairs Court yesterday, his supporters and opponents staged another showdown but this time they threw stones at each other outside the inner perimeter of the court.
It all began when opponents of Baafi did not take kindly to the level of moral support received by him when he stepped out of the courtroom to board a waiting pick-up truck. The two groups initially engaged in verbal insults but the exchanges degenerated into the pelting of stones at each other.
After a series of stone-throwing and insults, most of whom are unprintable, the two groups went their separate ways, promising to catch up with each other on the next adjourned date.
Earlier, the trial judge, Mr C.A. Wilson, had issued a subpoena to Top Radio, ordering it to furnish the court with the recording in which Baafi was alleged to have stated that former President J. J. Rawlings intentionally set fire to his own house on February 14, 2010.
The court issued the subpoena after the prosecutor in the case, Deputy Superintendent of Police Mr E. Y. Frimpong, had prayed the court to issue a subpoena to the radio station on the grounds that the court’s registrar had stated that he could only issue the subpoena based on a court order.
Counsel for the accused person, Mr Kwame Akuffo, was of the view that it was not necessary for the court to issue the subpoena on the grounds that the prosecution could have filed an application at the registry.
Baafi’s plea was not taken again because the prosecution substituted the charge sheet, although the charges and facts of the case remained the same.
He has been charged with one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and during the discussions the host raised the issue of the recent fire outbreak at the former President’s residence.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away to safety.
It further stated that Baafi admitted the offence during interrogation at the Accra Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
THERE was a showdown between supporters and opponents of Nana Darkwa Baafi, who is standing trial for allegedly publishing false news with intent to cause alarm, as the two groups pelted each other with stones.
A similar showdown between Nana Baafi’s supporters and opponents occurred on March 3, 2010 when they rained insults on each other.
At the sitting of the Cocoa Affairs Court yesterday, his supporters and opponents staged another showdown but this time they threw stones at each other outside the inner perimeter of the court.
It all began when opponents of Baafi did not take kindly to the level of moral support received by him when he stepped out of the courtroom to board a waiting pick-up truck. The two groups initially engaged in verbal insults but the exchanges degenerated into the pelting of stones at each other.
After a series of stone-throwing and insults, most of whom are unprintable, the two groups went their separate ways, promising to catch up with each other on the next adjourned date.
Earlier, the trial judge, Mr C.A. Wilson, had issued a subpoena to Top Radio, ordering it to furnish the court with the recording in which Baafi was alleged to have stated that former President J. J. Rawlings intentionally set fire to his own house on February 14, 2010.
The court issued the subpoena after the prosecutor in the case, Deputy Superintendent of Police Mr E. Y. Frimpong, had prayed the court to issue a subpoena to the radio station on the grounds that the court’s registrar had stated that he could only issue the subpoena based on a court order.
Counsel for the accused person, Mr Kwame Akuffo, was of the view that it was not necessary for the court to issue the subpoena on the grounds that the prosecution could have filed an application at the registry.
Baafi’s plea was not taken again because the prosecution substituted the charge sheet, although the charges and facts of the case remained the same.
He has been charged with one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and during the discussions the host raised the issue of the recent fire outbreak at the former President’s residence.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the current President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away to safety.
It further stated that Baafi admitted the offence during interrogation at the Accra Regional Police Headquarters and asked for forgiveness.
The complainant in the case is Mr Kofi Adams, the Spokesperson for former President Rawlings.
Yams were cut and stuffed with cocaine • NACOB tells court
Friday, March 12, 2010 (Page 3 Lead)
AN officer of the Narcotics Control Board (NACOB) yesterday told the Accra Fast Track High Court that he took both still and video pictures when a search was being conducted in the bag of Ibrahim Sima, the Chief Executive of the Exopa Modelling Agency.
According to the officer, during the search, three tubers of yam were found to have been cut and resealed after they had been stuffed with cocaine.
Mr Shadrach Bosomtwe, the Head of the NACOB Unit at the Cargo Section of the Kotoka International Airport (KIA), said he had been instructed to take both video and still pictures during a search on Sima, who was arrested at the KIA on September 7, 2009.
Led by a Principal State Attorney, Mr George K. Ofori, to give his evidence-in-chief, the witness told the court that the accused person opened his baggage, which he had locked with a password, and it was during a search in it that cocaine was found stuck in the tubers of yam.
The witness said the accused person neither went through NACOB nor Customs, Excise and Preventive Service (CEPS) formalities before checking in his baggage.
Mr Bosomtwe said a member of staff of the airline on which Sima was about to travel, his (Bosomtwe’s) superior officer and about five NACOB officials were present when Sima’s bag was being searched.
According to the witness, other persons present also took pictures of the search and during the tests on the substances found in the yam which tested positive for cocaine.
During cross-examination by Mr James Agalga, counsel for Sima, the witness denied an assertion that he had personally picked the accused person’s bags from the conveyer belts, searched them and dumped them on the floor, along with other bags.
Mr Bosomtwe also denied an assertion that he knew the accused person before his arrest on that fateful day.
The witness also told the court that one of the difficulties faced by NACOB officials was the failure by passengers to go through NACOB and CEPS checkpoints.
Sima, 39, was arrested at the KIA 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 is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
The facts of the case are that 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 of yam were found to contain cocaine, a narcotic drug.
AN officer of the Narcotics Control Board (NACOB) yesterday told the Accra Fast Track High Court that he took both still and video pictures when a search was being conducted in the bag of Ibrahim Sima, the Chief Executive of the Exopa Modelling Agency.
According to the officer, during the search, three tubers of yam were found to have been cut and resealed after they had been stuffed with cocaine.
Mr Shadrach Bosomtwe, the Head of the NACOB Unit at the Cargo Section of the Kotoka International Airport (KIA), said he had been instructed to take both video and still pictures during a search on Sima, who was arrested at the KIA on September 7, 2009.
Led by a Principal State Attorney, Mr George K. Ofori, to give his evidence-in-chief, the witness told the court that the accused person opened his baggage, which he had locked with a password, and it was during a search in it that cocaine was found stuck in the tubers of yam.
The witness said the accused person neither went through NACOB nor Customs, Excise and Preventive Service (CEPS) formalities before checking in his baggage.
Mr Bosomtwe said a member of staff of the airline on which Sima was about to travel, his (Bosomtwe’s) superior officer and about five NACOB officials were present when Sima’s bag was being searched.
According to the witness, other persons present also took pictures of the search and during the tests on the substances found in the yam which tested positive for cocaine.
During cross-examination by Mr James Agalga, counsel for Sima, the witness denied an assertion that he had personally picked the accused person’s bags from the conveyer belts, searched them and dumped them on the floor, along with other bags.
Mr Bosomtwe also denied an assertion that he knew the accused person before his arrest on that fateful day.
The witness also told the court that one of the difficulties faced by NACOB officials was the failure by passengers to go through NACOB and CEPS checkpoints.
Sima, 39, was arrested at the KIA 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 is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
The facts of the case are that 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 of yam were found to contain cocaine, a narcotic drug.
Friday, March 12, 2010
Yams were cut and stuffed with cocaine • NACOB officer tells court
Friday, March 12, 2010 (Page 3 Lead)
AN officer of the Narcotics Control Board (NACOB) yesterday told the Accra Fast Track High Court that he took both still and video pictures when a search was being conducted in the bag of Ibrahim Sima, the Chief Executive of the Exopa Modelling Agency.
According to the officer, during the search, three tubers of yam were found to have been cut and resealed after they had been stuffed with cocaine.
Mr Shadrach Bosomtwe, the Head of the NACOB Unit at the Cargo Section of the Kotoka International Airport (KIA), said he had been instructed to take both video and still pictures during a search on Sima, who was arrested at the KIA on September 7, 2009.
Led by a Principal State Attorney, Mr George K. Ofori, to give his evidence-in-chief, the witness told the court that the accused person opened his baggage, which he had locked with a password, and it was during a search in it that cocaine was found stuck in the tubers of yam.
The witness said the accused person neither went through NACOB nor Customs, Excise and Preventive Service (CEPS) formalities before checking in his baggage.
Mr Bosomtwe said a member of staff of the airline on which Sima was about to travel, his (Bosomtwe’s) superior officer and about five NACOB officials were present when Sima’s bag was being searched.
According to the witness, other persons present also took pictures of the search and during the tests on the substances found in the yam which tested positive for cocaine.
During cross-examination by Mr James Agalga, counsel for Sima, the witness denied an assertion that he had personally picked the accused person’s bags from the conveyer belts, searched them and dumped them on the floor, along with other bags.
Mr Bosomtwe also denied an assertion that he knew the accused person before his arrest on that fateful day.
The witness also told the court that one of the difficulties faced by NACOB officials was the failure by passengers to go through NACOB and CEPS checkpoints.
Sima, 39, was arrested at the KIA 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 is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
The facts of the case are that 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 of yam were found to contain cocaine, a narcotic drug.
AN officer of the Narcotics Control Board (NACOB) yesterday told the Accra Fast Track High Court that he took both still and video pictures when a search was being conducted in the bag of Ibrahim Sima, the Chief Executive of the Exopa Modelling Agency.
According to the officer, during the search, three tubers of yam were found to have been cut and resealed after they had been stuffed with cocaine.
Mr Shadrach Bosomtwe, the Head of the NACOB Unit at the Cargo Section of the Kotoka International Airport (KIA), said he had been instructed to take both video and still pictures during a search on Sima, who was arrested at the KIA on September 7, 2009.
Led by a Principal State Attorney, Mr George K. Ofori, to give his evidence-in-chief, the witness told the court that the accused person opened his baggage, which he had locked with a password, and it was during a search in it that cocaine was found stuck in the tubers of yam.
The witness said the accused person neither went through NACOB nor Customs, Excise and Preventive Service (CEPS) formalities before checking in his baggage.
Mr Bosomtwe said a member of staff of the airline on which Sima was about to travel, his (Bosomtwe’s) superior officer and about five NACOB officials were present when Sima’s bag was being searched.
According to the witness, other persons present also took pictures of the search and during the tests on the substances found in the yam which tested positive for cocaine.
During cross-examination by Mr James Agalga, counsel for Sima, the witness denied an assertion that he had personally picked the accused person’s bags from the conveyer belts, searched them and dumped them on the floor, along with other bags.
Mr Bosomtwe also denied an assertion that he knew the accused person before his arrest on that fateful day.
The witness also told the court that one of the difficulties faced by NACOB officials was the failure by passengers to go through NACOB and CEPS checkpoints.
Sima, 39, was arrested at the KIA 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 is currently on remand in prison custody.
He has pleaded not guilty to two counts of possessing narcotic drugs and attempting to export narcotic drugs without lawful authority.
The facts of the case are that 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 of yam were found to contain cocaine, a narcotic drug.
Asabee's case : Attorney, lawyer clash over issues
March 6, 2010 (Page 19)
THE case involving a former Minister of Information, Mr Stephen Asamoah-Boateng, and eight others who are standing trial over GH¢86,915.85 renovation works at the ministry was turned into series of disagreements when a Chief State Attorney and a defence lawyer clashed on a number of issues.
It all began when the Chief State Attorney, Mr Anthony Gyambiby, accused Mr Augustines Obour, who was once a State Attorney but now in private practice, of wasting the court and everyone’s time following his (Mr Obour’s) demand for more documents from Mrs Zita Okaikoi, the immediate past former Minister of Information, although Mr Obour had failed to cross-examine on documents earlier tendered by Mrs Okaikoi.
Mrs Okaikoi had, on the last adjourned date, indicated that she had recorded confessions of Mr Obour’s client, Dominic A. Y. Sampong, a former acting Chief Director at the ministry, who had apologised for signing for the payment of the contract on her behalf without her notice.
Mr Obour then urged her to tender the alleged recording and other documents yesterday, which she did, but Mr Obour indicated that he could not cross-examine her on them without studying them.
Some few minutes after cross-examining Mrs Okaikoi, Mr Obour then urged her to bring along the record book which recorded letters that came to her secretariat from July 2008 but Mr Gyambiby sprang to his feet and wondered what Mr Obour was up to.
Mr Obour had earlier requested to listen to the alleged confession on Mrs Okaikoi’s cellular phone in order to compare it with what was on the CD she had brought to the courtroom but his request received stiff opposition from Mr Gyambiby and that set the tone for a series of disagreements between the two who used to prosecute cases together.
According to Mr Gyambiby, Mr Obour had, throughout his cross-examination, not asked a single relevant question and rather relied on requesting for more documents which he (Mr Obour) would eventually not cross-examine the witness on.
He then turned to Mr Obour, who stood at a far end, and said, “You came to fish for evidence and nothing else.”
But Mr Obour indicated that he (Mr Obour) was not a fisherman, to which Mr Gyambiby replied, ”You are a proverbial fisherman.”
Mr Obour disagreed with Mr Gyambiby and kept reminding Mr Gyambiby that he (Mr Gyambiby) had taught him (Mr Obour) prosecution and ought to know better.
The trial judge, Mr Justice Charles Quist, eventually intervened and ruled that the witness was not under any obligation to produce official documents.
He then advised Mr Obour to request those documents through a subpoena or through his client and further ruled that in any case the requested document was not relevant to the case.
After the ruling, Mr Obour attempted to take along the CD containing the alleged confession by Sampong for study but Mr Gyambiby protested and insisted that the disc could be tampered with outside the court premises and took the disc away from the bewildered Mr Obour.
Mr Gyambiby advised that Mr Obour could listen to the recording after it had been tendered in evidence but Mr Obour had indicated that he had no intention of tendering the recording unless he listened to it and decided what to do with it.
Mrs Okaikoi told the court that she had recorded the confession and apology because the matter had been dear to her heart and she wanted to avoid future denials.
Hearing continues on Wednesday, March 10, 2010.
Asamoah-Boateng and his wife, Zuleika, are standing trial with Sampong; a former Deputy Information Minister, Frank Agyekum; Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, uttering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, who was absent at the first sitting, was charged with only conspiracy to commit crime, after which she was granted a GH¢10,000 with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document and possession of forged document, while Denkyira also faces only a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
THE case involving a former Minister of Information, Mr Stephen Asamoah-Boateng, and eight others who are standing trial over GH¢86,915.85 renovation works at the ministry was turned into series of disagreements when a Chief State Attorney and a defence lawyer clashed on a number of issues.
It all began when the Chief State Attorney, Mr Anthony Gyambiby, accused Mr Augustines Obour, who was once a State Attorney but now in private practice, of wasting the court and everyone’s time following his (Mr Obour’s) demand for more documents from Mrs Zita Okaikoi, the immediate past former Minister of Information, although Mr Obour had failed to cross-examine on documents earlier tendered by Mrs Okaikoi.
Mrs Okaikoi had, on the last adjourned date, indicated that she had recorded confessions of Mr Obour’s client, Dominic A. Y. Sampong, a former acting Chief Director at the ministry, who had apologised for signing for the payment of the contract on her behalf without her notice.
Mr Obour then urged her to tender the alleged recording and other documents yesterday, which she did, but Mr Obour indicated that he could not cross-examine her on them without studying them.
Some few minutes after cross-examining Mrs Okaikoi, Mr Obour then urged her to bring along the record book which recorded letters that came to her secretariat from July 2008 but Mr Gyambiby sprang to his feet and wondered what Mr Obour was up to.
Mr Obour had earlier requested to listen to the alleged confession on Mrs Okaikoi’s cellular phone in order to compare it with what was on the CD she had brought to the courtroom but his request received stiff opposition from Mr Gyambiby and that set the tone for a series of disagreements between the two who used to prosecute cases together.
According to Mr Gyambiby, Mr Obour had, throughout his cross-examination, not asked a single relevant question and rather relied on requesting for more documents which he (Mr Obour) would eventually not cross-examine the witness on.
He then turned to Mr Obour, who stood at a far end, and said, “You came to fish for evidence and nothing else.”
But Mr Obour indicated that he (Mr Obour) was not a fisherman, to which Mr Gyambiby replied, ”You are a proverbial fisherman.”
Mr Obour disagreed with Mr Gyambiby and kept reminding Mr Gyambiby that he (Mr Gyambiby) had taught him (Mr Obour) prosecution and ought to know better.
The trial judge, Mr Justice Charles Quist, eventually intervened and ruled that the witness was not under any obligation to produce official documents.
He then advised Mr Obour to request those documents through a subpoena or through his client and further ruled that in any case the requested document was not relevant to the case.
After the ruling, Mr Obour attempted to take along the CD containing the alleged confession by Sampong for study but Mr Gyambiby protested and insisted that the disc could be tampered with outside the court premises and took the disc away from the bewildered Mr Obour.
Mr Gyambiby advised that Mr Obour could listen to the recording after it had been tendered in evidence but Mr Obour had indicated that he had no intention of tendering the recording unless he listened to it and decided what to do with it.
Mrs Okaikoi told the court that she had recorded the confession and apology because the matter had been dear to her heart and she wanted to avoid future denials.
Hearing continues on Wednesday, March 10, 2010.
Asamoah-Boateng and his wife, Zuleika, are standing trial with Sampong; a former Deputy Information Minister, Frank Agyekum; Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, uttering document and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, who was absent at the first sitting, was charged with only conspiracy to commit crime, after which she was granted a GH¢10,000 with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document and possession of forged document, while Denkyira also faces only a charge of conspiracy.
Prosper has also been charged with four counts of possessing and forgery of document of architects, engineering certificate and false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Court stays proceedings in Issa Mobilla's case
March 4, 2010 (Page 3 Lead)
THE Fast Track High Court has stayed proceedings in the case involving two soldiers, who are alleged to have murdered the Northern Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court stayed proceedings to enable Corporal Yaw Appiah and Private Eric Modzaka to pursue an appeal against the court's ruling, which refused them access to the list of potential, who would be empanelled to decide their fate.
The soldiers have proceeded to the Supreme Court after the Court of Appeal upheld the High Court's decision not to allow them access to the list of potential jurors.
Explaining the rationale for his decision, Mr Justice Senyo Dzamefi, explained that the core issue before the court was the request for list of potential jurors and it would, therefore, be most unfair if he allowed the matter to go on and the Supreme Court at the end of the day decides to allow the accused persons access to the list of potential jurors.
He, however, gave counsel for the accused persons two weeks or hearing would begin adding that the matter would be heard on a daily basis.
The judge explained that he used his discretion to stay proceedings although he was not bound to do so and further explained that he had not received any directive to that effect from a higher court.
Mr Justice Senyo also reminded parties in the case that his colleague judge's order from the Tamale High Court which directed that the accused persons be remanded in prison custody was still in force.
He made the remarks after observing that the military police had escorted the accused persons to court as had always been the case.
Counsel for the accused persons, Mr Thaddeus Sory, informed the court that “we will advise ourselves”.
Earlier, a Chief State Attorney, Mr Edward Agyemang-Duodu, had stated that the court could not stay proceedings because there was no order from a high court.
Opposing, Mr Sory said every court had the inherent power to stay proceedings in any case.
Hearing continues on March 17, 2010.
The Court of Appeal on February 2, 2010, declined to stay proceedings in the criminal case because it did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the soldiers were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
THE Fast Track High Court has stayed proceedings in the case involving two soldiers, who are alleged to have murdered the Northern Chairman of the Convention People's Party (CPP), Alhaji Issa Mobilla.
The court stayed proceedings to enable Corporal Yaw Appiah and Private Eric Modzaka to pursue an appeal against the court's ruling, which refused them access to the list of potential, who would be empanelled to decide their fate.
The soldiers have proceeded to the Supreme Court after the Court of Appeal upheld the High Court's decision not to allow them access to the list of potential jurors.
Explaining the rationale for his decision, Mr Justice Senyo Dzamefi, explained that the core issue before the court was the request for list of potential jurors and it would, therefore, be most unfair if he allowed the matter to go on and the Supreme Court at the end of the day decides to allow the accused persons access to the list of potential jurors.
He, however, gave counsel for the accused persons two weeks or hearing would begin adding that the matter would be heard on a daily basis.
The judge explained that he used his discretion to stay proceedings although he was not bound to do so and further explained that he had not received any directive to that effect from a higher court.
Mr Justice Senyo also reminded parties in the case that his colleague judge's order from the Tamale High Court which directed that the accused persons be remanded in prison custody was still in force.
He made the remarks after observing that the military police had escorted the accused persons to court as had always been the case.
Counsel for the accused persons, Mr Thaddeus Sory, informed the court that “we will advise ourselves”.
Earlier, a Chief State Attorney, Mr Edward Agyemang-Duodu, had stated that the court could not stay proceedings because there was no order from a high court.
Opposing, Mr Sory said every court had the inherent power to stay proceedings in any case.
Hearing continues on March 17, 2010.
The Court of Appeal on February 2, 2010, declined to stay proceedings in the criminal case because it did not believe the application for stay of proceedings ought to be granted because it was not supported by law or practice.
The court also held that the soldiers were unable to demonstrate the exceptional circumstance by which a stay of proceedings could be granted.
The Accra Fast Track High Court had, on December 17, 2009, refused a request by the two soldiers to have access to the full list of jurors on the grounds that their request, if granted, had the potential of influencing or intimidating the potential jurors.
The court also reminded the accused persons that they had the right to challenge the jurors after they had been empanelled and were about to be sworn in.
The court is yet to give its ruling on whether or not to grant the state’s request for jurors in the case to be confined throughout the trial.
The two soldiers are alleged to have acted with Private Seth Goka, who is currently on the run.
The facts of the case are that Alhaji Mobilla was arrested by the police on December 9, 2004 for allegedly supplying the youth in Tamale with guns to foment trouble.
While he was in custody, the police received information that his followers and sympathisers were mobilising to free him. The deceased was consequently transferred from police cells to the Kamina Military Barracks and handed over to the three accused persons.
According to the prosecution, Alhaji Mobilla died three hours after he had been handed over to the accused persons who were on duty that day.
Monday, March 1, 2010
TOR Fire : Tanker driver liable
Saturday, February 27, 2010 (Front Page)
THE committee set up to investigate the recent fire outbreak at the loading gantry of the Tema Oil Refinery (TOR) has estimated the damage caused at $2.5 million, while products lost are valued at GH¢120,000.
Five road tankers were totally burnt, while two were severely damaged.
The committee has recommended that a fuel tanker driver and his mate should be held fully accountable.
According to it, the tanker driver restarted his ignition several times after loading premix fuel and that resulted in the fire outbreak which killed two persons and injured six others on January 19, 2010.
The six-member committee, chaired by Mr E. Quartey, a former General Manager of the Health, Safety and Environment Division of TOR, which presented its 24-page report to Mr Emmanuel Armah-Kofi Buah, a Deputy Minister of Energy in charge of Petroleum, also recommended that the management of TOR must improve its safety mechanisms.
Other members of the committee who were also present at the brief ceremony were Dr Yaw Akoto, the Managing Director of the Bulk Oil Storage and Transport Company Limited; Mr J. W. Mensah, the Deputy Chief Fire Officer; Nii Lantey Blankson, an official from the Bureau of National Investigations (BNI); Lt Col Diamond Akplor, a retired Army officer, and Ms Daphne Akonor, a lawyer with the Attorney-General’s Department.
The committee further recommended the adoption of a better leadership style at the refinery and pointed out the need for better supervision from the appropriate authorities, such as the National Petroleum Authority (NPA).
It also recommended, among others, that regulations for safety must be enforced, complied with and monitored to avoid such fires in future.
Mr Quartey expressed the hope that the government would implement the recommendations to avoid fires in future, especially at a time when the country had discovered oil in commercial quantities.
He said the committee received much co-operation from the staff of the refinery, the NPA, tanker drivers and other stakeholders.
For his part, Mr Buah thanked the committee for doing thorough work and gave the assurance that the government would take into serious consideration its recommendations.
He described TOR as a very strategic national asset and said it was critical that such national assets were guided with jealous care to avoid future fires.
He expressed regret that lives were lost during the fire and gave the assurance that the government would ensure that persons who were responsible were held accountable.
The committee, which was inaugurated on January 21, 2010, two days after the fire, was tasked to investigate the cause(s) of the fire outbreak, ascertain the extent of damage and evaluate the appropriate existing safety and security measures at TOR.
The committee, which began work on January 25, 2010, was also expected to recommend measures necessary to address the lapses in safety and security at TOR, as well as identify any safety and security issues which, in its opinion, were relevant to the cause of the investigation and make appropriate recommendations.
THE committee set up to investigate the recent fire outbreak at the loading gantry of the Tema Oil Refinery (TOR) has estimated the damage caused at $2.5 million, while products lost are valued at GH¢120,000.
Five road tankers were totally burnt, while two were severely damaged.
The committee has recommended that a fuel tanker driver and his mate should be held fully accountable.
According to it, the tanker driver restarted his ignition several times after loading premix fuel and that resulted in the fire outbreak which killed two persons and injured six others on January 19, 2010.
The six-member committee, chaired by Mr E. Quartey, a former General Manager of the Health, Safety and Environment Division of TOR, which presented its 24-page report to Mr Emmanuel Armah-Kofi Buah, a Deputy Minister of Energy in charge of Petroleum, also recommended that the management of TOR must improve its safety mechanisms.
Other members of the committee who were also present at the brief ceremony were Dr Yaw Akoto, the Managing Director of the Bulk Oil Storage and Transport Company Limited; Mr J. W. Mensah, the Deputy Chief Fire Officer; Nii Lantey Blankson, an official from the Bureau of National Investigations (BNI); Lt Col Diamond Akplor, a retired Army officer, and Ms Daphne Akonor, a lawyer with the Attorney-General’s Department.
The committee further recommended the adoption of a better leadership style at the refinery and pointed out the need for better supervision from the appropriate authorities, such as the National Petroleum Authority (NPA).
It also recommended, among others, that regulations for safety must be enforced, complied with and monitored to avoid such fires in future.
Mr Quartey expressed the hope that the government would implement the recommendations to avoid fires in future, especially at a time when the country had discovered oil in commercial quantities.
He said the committee received much co-operation from the staff of the refinery, the NPA, tanker drivers and other stakeholders.
For his part, Mr Buah thanked the committee for doing thorough work and gave the assurance that the government would take into serious consideration its recommendations.
He described TOR as a very strategic national asset and said it was critical that such national assets were guided with jealous care to avoid future fires.
He expressed regret that lives were lost during the fire and gave the assurance that the government would ensure that persons who were responsible were held accountable.
The committee, which was inaugurated on January 21, 2010, two days after the fire, was tasked to investigate the cause(s) of the fire outbreak, ascertain the extent of damage and evaluate the appropriate existing safety and security measures at TOR.
The committee, which began work on January 25, 2010, was also expected to recommend measures necessary to address the lapses in safety and security at TOR, as well as identify any safety and security issues which, in its opinion, were relevant to the cause of the investigation and make appropriate recommendations.
Enquirer Editor fined GH¢2,400
Saturday, February 27, 2010 (Page 3 Lead)
THE Financial Division of the High Court, in a Biblical manner, tempered justice with mercy and spared the Editor of the Enquirer newspaper, Mr Raymond Archer, of imprisonment after he was convicted last Wednesday for contempt of court.
The presiding judge, Mr Bright Mensah, after quoting Proverbs 28:13, which states, “He who covers his sins will not prosper but whoever confesses and forsakes them will have mercy”, fined Mr Archer and his newspaper 200 penalty units or in default face two weeks’ imprisonment.
Each penalty unit is worth GH¢12. Mr Archer has since paid the total GH¢2,400 fine.
Mr Archer, who was accompanied to the courtroom by his lawyer, Mr Tony Lithur, walked out of the court premises after he had paid the fine.
Mr Lithur told the court that his client had retracted and apologised for publishing stories which had imputed that a former Minister of Foreign Affairs, Akwasi Osei-Adjei, and a former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, who are standing trial for allegedly causing financial loss to the state, had influenced prosecution witnesses to testify in their favour.
The publications, with headlines: “Trial of Ricemasters — Osei-Adjei and Dan Gyimah Boxed. Secret Attempt to pay off witnesses uncovered” and “Ricemasters Trial Bombshell — Attempt to pay off witness uncovered. Culprits to face obstruction of Justice charge”, were published in the first and second weeks of December 2009 and that prompted counsel for Osei-Adjei, Mr Godfred Yeboah Dame, to sue Mr Archer for contempt.
Mr Archer has, accordingly, apologised to the accused persons as ordered by the court and retracted the stories in yesterday’s edition of the newspaper.
About 100 people wearing red apparel, with matching red armbands, thronged the court premises to support Mr Archer, who wore a brown suit.
The court held that after taking the submissions of both counsel in the case into consideration, it had accepted Mr Archer’s apology and, accordingly, tempered justice with mercy.
Mr Justice Mensah advised Mr Archer to be a “very good child” and not repeat his actions in future.
He reminded Mr Archer that Ghana was a governed country and for that reason the court would not condone any action that would put the country into flames, adding, “I would like to stay in the country after my retirement.”
On Wednesday, Mr Justice Mensah, in his ruling, described the publications as “reckless and irresponsible” and, accordingly, ordered Archer, who could not substantiate them, to retract them and apologise to the court, the applicants and the general public before Friday, February 26, 2010.
The court then granted Archer bail in the sum of GH¢50,000 with one surety and further ordered him to reappear yesterday, February 26, 2010, for sentencing.
He expressed surprise as to how Archer came by such a story which he (Archer) could not prove in court.
He said much as he believed in press freedom and recognised the media as the watchdog over the Executive, the Legislature and the Judiciary, the watchdog must be punished if it broke loose.
According to the court, Archer was guilty of the serious form of contempt because he had attempted to jeopardise the rights of the applicants to a fair trial, adding that the publications were intended to excite popular prejudice against the applicants and for that reason Archer’s action amounted to a media trial.
In the substantive matter, which has been adjourned to March 11, 2010, Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
THE Financial Division of the High Court, in a Biblical manner, tempered justice with mercy and spared the Editor of the Enquirer newspaper, Mr Raymond Archer, of imprisonment after he was convicted last Wednesday for contempt of court.
The presiding judge, Mr Bright Mensah, after quoting Proverbs 28:13, which states, “He who covers his sins will not prosper but whoever confesses and forsakes them will have mercy”, fined Mr Archer and his newspaper 200 penalty units or in default face two weeks’ imprisonment.
Each penalty unit is worth GH¢12. Mr Archer has since paid the total GH¢2,400 fine.
Mr Archer, who was accompanied to the courtroom by his lawyer, Mr Tony Lithur, walked out of the court premises after he had paid the fine.
Mr Lithur told the court that his client had retracted and apologised for publishing stories which had imputed that a former Minister of Foreign Affairs, Akwasi Osei-Adjei, and a former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, who are standing trial for allegedly causing financial loss to the state, had influenced prosecution witnesses to testify in their favour.
The publications, with headlines: “Trial of Ricemasters — Osei-Adjei and Dan Gyimah Boxed. Secret Attempt to pay off witnesses uncovered” and “Ricemasters Trial Bombshell — Attempt to pay off witness uncovered. Culprits to face obstruction of Justice charge”, were published in the first and second weeks of December 2009 and that prompted counsel for Osei-Adjei, Mr Godfred Yeboah Dame, to sue Mr Archer for contempt.
Mr Archer has, accordingly, apologised to the accused persons as ordered by the court and retracted the stories in yesterday’s edition of the newspaper.
About 100 people wearing red apparel, with matching red armbands, thronged the court premises to support Mr Archer, who wore a brown suit.
The court held that after taking the submissions of both counsel in the case into consideration, it had accepted Mr Archer’s apology and, accordingly, tempered justice with mercy.
Mr Justice Mensah advised Mr Archer to be a “very good child” and not repeat his actions in future.
He reminded Mr Archer that Ghana was a governed country and for that reason the court would not condone any action that would put the country into flames, adding, “I would like to stay in the country after my retirement.”
On Wednesday, Mr Justice Mensah, in his ruling, described the publications as “reckless and irresponsible” and, accordingly, ordered Archer, who could not substantiate them, to retract them and apologise to the court, the applicants and the general public before Friday, February 26, 2010.
The court then granted Archer bail in the sum of GH¢50,000 with one surety and further ordered him to reappear yesterday, February 26, 2010, for sentencing.
He expressed surprise as to how Archer came by such a story which he (Archer) could not prove in court.
He said much as he believed in press freedom and recognised the media as the watchdog over the Executive, the Legislature and the Judiciary, the watchdog must be punished if it broke loose.
According to the court, Archer was guilty of the serious form of contempt because he had attempted to jeopardise the rights of the applicants to a fair trial, adding that the publications were intended to excite popular prejudice against the applicants and for that reason Archer’s action amounted to a media trial.
In the substantive matter, which has been adjourned to March 11, 2010, Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Graphic accountants jailed
THE Accra Circuit Court has sentenced two accounts officers of the Graphic Communications Group Limited (GCGL) to a total of 14 years for stealing the company’s GH¢140,000.
Daniel Tsagli, an accounts clerk stationed at the company’s Ho office, and Frank Oduro, an accounts officer, were said to have failed to lodge in the company’s account at the Ghana Commercial Bank (GCB) the money collected from vendors and agents of the company from January 2007 to March 2008.
Tsagli will serve a 10-year jail term after he was found guilty on three counts of forgery of documents, possession of forged documents and stealing, while Oduro, who was convicted on one count of abetment, will serve four years behind bars.
The two had pleaded not guilty to the charges but the court held that they had not been able to prove their innocence during the trial.
The trial judge, Mrs Ivy Heward-Mills, held that the prosecution had been able to lead ample evidence to prove that Tsagli and Oduro acted together to deprive the GCGL of GH¢140,000.
The facts of the case were that some time in April 2008, the company was preparing its accounts for the 2007 financial year when it detected that Tsagli had failed to lodge GH¢140,000 which he had collected from vendors and agents of the company in the company’s account with GCB.
Instead, Tsagli presented fake pay-in slips to show he had deposited the said amount at the bank.
Investigations revealed that Tsagli had secured a stamp similar to that of the Ho branch of the GCB and stamped various pay-in slips amounting to GH¢140,000.
In his attempt to cover up his deeds, he forged signatures purported to be those of tellers of the bank and presented them to the head office of the company.
Tsagli, who had been on the run after the theft was detected, surrendered himself to the police on May 19, 2008 but he could not offer any tangible explanation for his actions in his caution statement to the police.
The police also found that Tsagli had sent two of the pay-in slips to Oduro to work on but Oduro did not key in those slips into the company’s accounting system, thereby making it difficult for Tsagli’s activities to be detected.
Tsagli had also told the police that he had sent all the pay-in slips to Oduro but Oduro denied and stated that he received only two of the said slips.
The court, after considering the evidence led by the prosecution and the accused persons, found the two guilty and sentenced them accordingly.
Daniel Tsagli, an accounts clerk stationed at the company’s Ho office, and Frank Oduro, an accounts officer, were said to have failed to lodge in the company’s account at the Ghana Commercial Bank (GCB) the money collected from vendors and agents of the company from January 2007 to March 2008.
Tsagli will serve a 10-year jail term after he was found guilty on three counts of forgery of documents, possession of forged documents and stealing, while Oduro, who was convicted on one count of abetment, will serve four years behind bars.
The two had pleaded not guilty to the charges but the court held that they had not been able to prove their innocence during the trial.
The trial judge, Mrs Ivy Heward-Mills, held that the prosecution had been able to lead ample evidence to prove that Tsagli and Oduro acted together to deprive the GCGL of GH¢140,000.
The facts of the case were that some time in April 2008, the company was preparing its accounts for the 2007 financial year when it detected that Tsagli had failed to lodge GH¢140,000 which he had collected from vendors and agents of the company in the company’s account with GCB.
Instead, Tsagli presented fake pay-in slips to show he had deposited the said amount at the bank.
Investigations revealed that Tsagli had secured a stamp similar to that of the Ho branch of the GCB and stamped various pay-in slips amounting to GH¢140,000.
In his attempt to cover up his deeds, he forged signatures purported to be those of tellers of the bank and presented them to the head office of the company.
Tsagli, who had been on the run after the theft was detected, surrendered himself to the police on May 19, 2008 but he could not offer any tangible explanation for his actions in his caution statement to the police.
The police also found that Tsagli had sent two of the pay-in slips to Oduro to work on but Oduro did not key in those slips into the company’s accounting system, thereby making it difficult for Tsagli’s activities to be detected.
Tsagli had also told the police that he had sent all the pay-in slips to Oduro but Oduro denied and stated that he received only two of the said slips.
The court, after considering the evidence led by the prosecution and the accused persons, found the two guilty and sentenced them accordingly.
Court convicts Editor of Enquirer
February 23, 2010 (Page 3 Lead)
THE Financial Division of the Fast Track High Court yesterday convicted the Editor of the Enquirer newspaper, Mr Raymond Archer, for contempt of court.
Mr Archer was also ordered to retract stories after he had failed to substantiate publications which imputed that a former Minister of Foreign Affairs, Akwasi Osei-Adjei, and a former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, who are standing trial for allegedly causing financial loss to the state, had influenced prosecution witnesses to testify in their favour.
The publications, with headlines: “Trial of Ricemasters - Osei-Adjei and Dan Gyimah Boxed. Secret Attempt to pay off witnesses uncovered” and “Ricemasters Trial Bombshell - Attempt to pay off witness uncovered. Culprits to face obstruction of Justice charge”, were published in the first and second weeks of December 2009.
The publications prompted counsel for Osei-Adjei, Mr Godfred Yeboah Dame, to file contempt proceedings against Archer.
The trial judge, Mr Justice Bright Mensah, in his ruling, described the publications as “reckless and irresponsible” and, accordingly ordered Archer to retract them and apologise to the court, the applicants and the general public before Friday, February 26, 2010.
The court then granted Archer bail in the sum of GH¢50,000 with one surety and further ordered him to reappear on Friday for sentencing.
Mr Justice Mensah expressed surprise as to how Archer came by such a story which he (Archer) could not prove in court.
He said much as he believed in press freedom and recognised the media as the watchdog over the Executive, the Legislature and the Judiciary, the watchdog must be punished if it broke loose.
According to the court, Archer was guilty of the serious form of contempt because he had attempted to jeopardise the rights of the applicants to a fair trial.
It said the publications were intended to excite popular prejudice against the applicants and for that reason Archer’s action amounted to a media trial.
It further argued that media trial had inherent dangers because one was normally condemned well before he/she got the opportunity to respond to accusations.
The court, therefore, held that counsel for Osei-Adjei had proved Archer’s guilt beyond reasonable doubt and, accordingly, convicted him.
After the court had read its ruling, counsel for Archer, Mr Tony Lithur, pleaded for mitigation.
The matter was called around 9 a.m. but Archer was not present, prompting the court to stand the matter down to 10 a.m.
Archer, who wore a dark suit, looked calm after the court had passed its verdict.
In the substantive matter, which has been adjourned to March 11, 2010, Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
THE Financial Division of the Fast Track High Court yesterday convicted the Editor of the Enquirer newspaper, Mr Raymond Archer, for contempt of court.
Mr Archer was also ordered to retract stories after he had failed to substantiate publications which imputed that a former Minister of Foreign Affairs, Akwasi Osei-Adjei, and a former Managing Director of the National Investment Bank (NIB), Charles Daniel Gyimah, who are standing trial for allegedly causing financial loss to the state, had influenced prosecution witnesses to testify in their favour.
The publications, with headlines: “Trial of Ricemasters - Osei-Adjei and Dan Gyimah Boxed. Secret Attempt to pay off witnesses uncovered” and “Ricemasters Trial Bombshell - Attempt to pay off witness uncovered. Culprits to face obstruction of Justice charge”, were published in the first and second weeks of December 2009.
The publications prompted counsel for Osei-Adjei, Mr Godfred Yeboah Dame, to file contempt proceedings against Archer.
The trial judge, Mr Justice Bright Mensah, in his ruling, described the publications as “reckless and irresponsible” and, accordingly ordered Archer to retract them and apologise to the court, the applicants and the general public before Friday, February 26, 2010.
The court then granted Archer bail in the sum of GH¢50,000 with one surety and further ordered him to reappear on Friday for sentencing.
Mr Justice Mensah expressed surprise as to how Archer came by such a story which he (Archer) could not prove in court.
He said much as he believed in press freedom and recognised the media as the watchdog over the Executive, the Legislature and the Judiciary, the watchdog must be punished if it broke loose.
According to the court, Archer was guilty of the serious form of contempt because he had attempted to jeopardise the rights of the applicants to a fair trial.
It said the publications were intended to excite popular prejudice against the applicants and for that reason Archer’s action amounted to a media trial.
It further argued that media trial had inherent dangers because one was normally condemned well before he/she got the opportunity to respond to accusations.
The court, therefore, held that counsel for Osei-Adjei had proved Archer’s guilt beyond reasonable doubt and, accordingly, convicted him.
After the court had read its ruling, counsel for Archer, Mr Tony Lithur, pleaded for mitigation.
The matter was called around 9 a.m. but Archer was not present, prompting the court to stand the matter down to 10 a.m.
Archer, who wore a dark suit, looked calm after the court had passed its verdict.
In the substantive matter, which has been adjourned to March 11, 2010, Osei-Adjei and Gyimah have been accused of wilfully causing financial loss to the state for allegedly acting together to steal 2,997 bags of rice, valued at US$1,408,590.
However, lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country have been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They have pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Court given 14-day ultimatum • To comply with legal steps in litigation over GT sale
February 23, 2010 (Page 3 Lead)
THE Supreme Court has given a Commercial Court judge hearing the litigation over the sale of Ghana Telecom (now Vodafone) 14 days to comply with the necessary legal steps before referring the matter to it for interpretation.
Within the 14-day period, the lower court is expected to summarise the case involving Professor Agyeman Badu Akosa and five others who sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar-General over the sale of GT to Vodafone.
According to the Supreme Court, the judge did not comply with Rule 67 of CI 16, which states that “a reference to the court for the determination of any question, cause or matter pursuant to any provision of the Constitution or of any other law shall be stated by the court below or by the person or authority making the reference”.
The Commercial Court judge, Mr Justice Henry Kwofie, is expected to state the specific issues in the case to the Supreme Court for determination, as well as state any findings of fact he might have made when the matter was before him.
The court, presided over by the Chief Justice, Mrs Justice Georgina T. Wood, made the order when it emerged that the High Court judge had not complied with aspects of Rule 67 of CI 16.
Other members of the panel were Mr Justice William A. Atuguba, Professor Justice S. K. Date-Bah, Mr Justice S. A. Brobbey, Ms Justice Rose Owusu, Mrs Justice Sophia Adinyira, Mr Justice Annin Yeboah, Mr Justice Jones Dotse and Mr Justice B. T. Aryeetey.
The Commercial Court, in November 2009, referred three issues on the constitutionality or otherwise of the sale of Ghana Telecom to the Supreme Court for determination.
The issues included whether or not aspects of the Sale and Purchase Agreement (SPA) dated July 3, 2008 and executed among the government of Ghana, Vodafone International and Ghana Telecom contravened the 1992 Constitution and, therefore, rendered the agreement void.
Also referred was the issue on whether or not any procedural, substantive errors and defects in the SPA were or could be cured through parliamentary ratification.
The third issue referred for determination by the Supreme Court was whether or not an agreement executed by the government and ratified by Parliament could be challenged at the High Court.
On October 23, 2009, the judge decided to refer aspects of the suit which bordered on the constitutionality or otherwise of the sale to the Supreme Court for interpretation, with the explanation that it was the sole preserve of the Supreme Court to interpret issues bordering on the Constitution.
The plaintiffs in the matter, Prof Akosa and five others, sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar-General over the sale of GT to Vodafone.
The other plaintiffs, who are all members of the Convention People’s Party (CPP), are Mr Michael Kosi Dedey, Dr Nii Moi Thompson, Naa Kordai Assimeh, Ms Rhodaline Imoru Ayarna and Mr Kwame Jantuah and they are calling for a declaration that the sale of GT is inimical to the public interest.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with due process of law and is, therefore, a nullity.
THE Supreme Court has given a Commercial Court judge hearing the litigation over the sale of Ghana Telecom (now Vodafone) 14 days to comply with the necessary legal steps before referring the matter to it for interpretation.
Within the 14-day period, the lower court is expected to summarise the case involving Professor Agyeman Badu Akosa and five others who sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar-General over the sale of GT to Vodafone.
According to the Supreme Court, the judge did not comply with Rule 67 of CI 16, which states that “a reference to the court for the determination of any question, cause or matter pursuant to any provision of the Constitution or of any other law shall be stated by the court below or by the person or authority making the reference”.
The Commercial Court judge, Mr Justice Henry Kwofie, is expected to state the specific issues in the case to the Supreme Court for determination, as well as state any findings of fact he might have made when the matter was before him.
The court, presided over by the Chief Justice, Mrs Justice Georgina T. Wood, made the order when it emerged that the High Court judge had not complied with aspects of Rule 67 of CI 16.
Other members of the panel were Mr Justice William A. Atuguba, Professor Justice S. K. Date-Bah, Mr Justice S. A. Brobbey, Ms Justice Rose Owusu, Mrs Justice Sophia Adinyira, Mr Justice Annin Yeboah, Mr Justice Jones Dotse and Mr Justice B. T. Aryeetey.
The Commercial Court, in November 2009, referred three issues on the constitutionality or otherwise of the sale of Ghana Telecom to the Supreme Court for determination.
The issues included whether or not aspects of the Sale and Purchase Agreement (SPA) dated July 3, 2008 and executed among the government of Ghana, Vodafone International and Ghana Telecom contravened the 1992 Constitution and, therefore, rendered the agreement void.
Also referred was the issue on whether or not any procedural, substantive errors and defects in the SPA were or could be cured through parliamentary ratification.
The third issue referred for determination by the Supreme Court was whether or not an agreement executed by the government and ratified by Parliament could be challenged at the High Court.
On October 23, 2009, the judge decided to refer aspects of the suit which bordered on the constitutionality or otherwise of the sale to the Supreme Court for interpretation, with the explanation that it was the sole preserve of the Supreme Court to interpret issues bordering on the Constitution.
The plaintiffs in the matter, Prof Akosa and five others, sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar-General over the sale of GT to Vodafone.
The other plaintiffs, who are all members of the Convention People’s Party (CPP), are Mr Michael Kosi Dedey, Dr Nii Moi Thompson, Naa Kordai Assimeh, Ms Rhodaline Imoru Ayarna and Mr Kwame Jantuah and they are calling for a declaration that the sale of GT is inimical to the public interest.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with due process of law and is, therefore, a nullity.
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