JULY 26, 2008 (LEAD STORY)
r the court to hand deterrent sentences.
Commenting on the disappearance of the cocaine, Mr Justice Yeboah said the conduct of narcotic officials during the apprehension of the accused persons was incomprehensible.
He wondered why five parcels out of the 30 seized got missing and recommended that the appropriate authorities should ensure that the truth was eventually unearthed.
The court held that Dawson had prior knowledge that the vessel was to be used to cart cocaine from Liberian waters and, accordingly, dismissed his claim of innocence.
Citing authorities to buttress its decision, the trial judge submitted that Sheriff deliberately left one parcel of cocaine, weighing 30 kilogrammes, to pay Dawson, who had hired out the vessel to Sheriff without receiving a supposed payment of $150,000.
The court said credible prosecution witnesses had led enough evidence to prove that Dawson, who is the Managing Director of Dashment Company Limited in Tema, failed to register the crew members and the whereabouts of the vessel with the maritime authority, as was required by law, in order to further his diabolic interest.
It said Dawson’s own defence proved that many shady agreements had been signed to facilitate the carting of the narcotic drug.
The court held, for instance, that it had emerged that Dawson’s father appended his signature to the charter agreement with Sheriff when Dawson had earlier claimed he was solely in charge of running the daily affairs of the company, while his father was only an advisor.
It further held that it was also bizarre for Dawson and his cronies to have fraudulently used the name of Evans Charwatey, a prosecution witness, in the signing of the charter agreement when Dawson knew Sheriff’s name was not Evans Charwatey.
According to the court, Charwatey’s evidence and the record of proceedings proved that Charwatey had no dealings with the daily affairs of the company and for that matter Dawson and his cronies had used Charwatey’s name to cover up their shady deals.
He said records available abundantly proved that the vessel’s name was changed from MV Benjamin to Adede II as part of efforts by the convicts to cover up what it termed their “ill-fated journey”.
Touching on the other convicts, the court held that the prosecution led sufficient evidence to prove that Isaac, Philip, Li and Xiang helped in offloading cocaine onto the vessel on Liberian waters in March 2006.
With reference to Isaac, the court said it found it strange for a sailor with 20 years’ experience to call a sack and a cloth as cartons and to further lie on oath when he said the cartons he helped to offload contained fish and not cocaine.
It said the defence of innocence put up by Isaac was an afterthought, especially when the prosecution had proved his guilt beyond reasonable doubt.
Turning to Philip, the court said evidence adduced had exposed him of having a guilty mind which he had wanted to cover up.
It further held that the prosecution led evidence to prove that Li and Xing also assisted in offloading the cocaine from two canoes on Liberian waters onto the MV Benjamin.
It said the court had unravelled the role each of the convicts had played in carting the cocaine and for that matter it was satisfied that the prosecution had been able to prove a case against each of them.
Touching on Sheriff’s impounded vehicles, the court said although he was on the run, he had not been charged before it.
It said it, therefore, found it difficult to make formal orders for the vehicles to be impounded.
It also said it could not order the seizure of the vessel because the issue of ownership had arisen and it was not clear whether or not it belonged to Dawson or one Mr Bae.
Counsel for the convicts pleaded for leniency but the court was of the view that the narcotic drug menace in the country was a problem and it was, therefore, important for the court to give deterrent sentences.
Lawyers of the convicts have indicated that they will appeal against their conviction.
Thirteen prosecution witnesses testified against the accused persons in the trial which began in November 2006 and ended in March 2008.
Monday, August 4, 2008
Tuesday, July 22, 2008
Removal of my name not child’s play -Aggrey
July 21, 2008 (Page 55)
MR Richmond Aggrey, a businessman who has sued Scancom Ghana Limited, operators of MTN, over a shareholding dispute on Monday, July 14, 2008 stated that the removal of his name from the shareholding structure of the company was not “child’s play”.
He told the Commercial Court hearing the case that several incidents took place, including threats from former President J. J. Rawlings, prior to the illegal takeover of his 20 per cent shares in 1999.
The businessman has joined Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, and Grandview Management to the suit over unlawful takeover of his 20 per cent shares in Scancom Ghana Limited.
Answering questions under cross-examination from counsel for Investcom, Mr Felix Ntrakwah, the plaintiff stated that he might have missed the date on which former President Rawlings openly threatened him on national television but the events leading to his losing his shares were what mattered.
Mr Ntrakwah had suggested to him that he (Mr Aggrey) had strategically lied to the court on the date on which he said former President Rawlings had made threatening remarks during the Emancipation Day celebration.
Mr Aggrey had earlier stated that he recorded former President Rawlings’s attack on his personality when President Rawlings had accused him of ripping Nigerians off their money and returning home to Ghana with the same intention, saying those threats and others resulted in him transferring his shares to his cousin, Mr Chris Wilmot, in order to save the company from collapse.
The plaintiff had said former President Rawlings made those remarks in front of members of the Diplomatic Corps, chiefs, Africans and African-Americans in the Diaspora, foreign dignitaries and members of the public on state television on Emancipation Day in the first week of August 1999.
However, it emerged through a Daily Graphic publication dated August 1, 1998 that the event took place from July 25 to August 2, 1998 and not in the first week of August 1999.
Rebutting claims by Mr Ntrakwah that he had come to the court to tell lies, Mr Aggrey said he was happy the actual time of the event had been provided because the then Minister of Tourism had informed him that the event took place in 1999 when he (Mr Aggrey) had enquired for the date.
The following transpired between Mr Ntrakwah and Mr Aggrey:
Mr Ntrakwah: You are strategically lying to this court.
Mr Aggrey: I do not understand what you mean unless you are telling me my name was not mentioned in that recording.
Mr Ntrakwah: You have done this to deceive this honourable court. You have woven a story around a 1998 event in order to deceive this court.
Mr Aggrey: I do not agree. Several events, including phone calls, board meetings, etc eventually made me transfer my shares. The time line is another matter.
According to Mr Aggrey, the events leading to his transfer of shares happened 12 years ago and it was, therefore, not strange for him to have missed dates.
He said what was important were the issues at stake and the fact that his shares had been taken away illegally, noting that in any case the threats from the former President and other related matters took place before 1999 when he transferred his shares in the interest of the company.
He, nevertheless, apologised to the court for mixing up the date of the Emancipation Day celebration.
Hearing continues on Thursday, July 24, 2008.
Mr Aggrey began giving evidence on April 28, 2008, following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa.
The deal has, however, been concluded, following the transfer of all shares in Scancom to MTN.
That was after a High Court order on July 14, 2006 which restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN, without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".
The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006, and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.
MR Richmond Aggrey, a businessman who has sued Scancom Ghana Limited, operators of MTN, over a shareholding dispute on Monday, July 14, 2008 stated that the removal of his name from the shareholding structure of the company was not “child’s play”.
He told the Commercial Court hearing the case that several incidents took place, including threats from former President J. J. Rawlings, prior to the illegal takeover of his 20 per cent shares in 1999.
The businessman has joined Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, and Grandview Management to the suit over unlawful takeover of his 20 per cent shares in Scancom Ghana Limited.
Answering questions under cross-examination from counsel for Investcom, Mr Felix Ntrakwah, the plaintiff stated that he might have missed the date on which former President Rawlings openly threatened him on national television but the events leading to his losing his shares were what mattered.
Mr Ntrakwah had suggested to him that he (Mr Aggrey) had strategically lied to the court on the date on which he said former President Rawlings had made threatening remarks during the Emancipation Day celebration.
Mr Aggrey had earlier stated that he recorded former President Rawlings’s attack on his personality when President Rawlings had accused him of ripping Nigerians off their money and returning home to Ghana with the same intention, saying those threats and others resulted in him transferring his shares to his cousin, Mr Chris Wilmot, in order to save the company from collapse.
The plaintiff had said former President Rawlings made those remarks in front of members of the Diplomatic Corps, chiefs, Africans and African-Americans in the Diaspora, foreign dignitaries and members of the public on state television on Emancipation Day in the first week of August 1999.
However, it emerged through a Daily Graphic publication dated August 1, 1998 that the event took place from July 25 to August 2, 1998 and not in the first week of August 1999.
Rebutting claims by Mr Ntrakwah that he had come to the court to tell lies, Mr Aggrey said he was happy the actual time of the event had been provided because the then Minister of Tourism had informed him that the event took place in 1999 when he (Mr Aggrey) had enquired for the date.
The following transpired between Mr Ntrakwah and Mr Aggrey:
Mr Ntrakwah: You are strategically lying to this court.
Mr Aggrey: I do not understand what you mean unless you are telling me my name was not mentioned in that recording.
Mr Ntrakwah: You have done this to deceive this honourable court. You have woven a story around a 1998 event in order to deceive this court.
Mr Aggrey: I do not agree. Several events, including phone calls, board meetings, etc eventually made me transfer my shares. The time line is another matter.
According to Mr Aggrey, the events leading to his transfer of shares happened 12 years ago and it was, therefore, not strange for him to have missed dates.
He said what was important were the issues at stake and the fact that his shares had been taken away illegally, noting that in any case the threats from the former President and other related matters took place before 1999 when he transferred his shares in the interest of the company.
He, nevertheless, apologised to the court for mixing up the date of the Emancipation Day celebration.
Hearing continues on Thursday, July 24, 2008.
Mr Aggrey began giving evidence on April 28, 2008, following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa.
The deal has, however, been concluded, following the transfer of all shares in Scancom to MTN.
That was after a High Court order on July 14, 2006 which restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN, without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".
The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.
Mr Aggrey's contention was that his name had been removed from the shareholders list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006, and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.
Case against AMA boss dismissed
July 15, 2008 (Page 3 Lead)
THE Accra Fast Track High Court yesterday dismissed an application for contempt filed against the Chief Executive of the Accra Metropolitan (AMA), Mr Stanley Adjiri-Blankson, by an Accra-based businessman.
The AMA boss was dragged to the court by Mr Labib C. Seraphim, who was praying the court to imprison the AMA boss for contempt for failing to evict hawkers from the Knustford Avenue in the Central Business District.
Mr Seraphim had also implored the court to impose a heavy fine on the AMA as an entity for refusing to carry out the judgement of the court, two years after it had been ordered to evict hawkers on the Knutsford Avenue.
The High Court, on April 10, 2006, ordered the defendants to evict hawkers on the Knutsford Avenue because their occupation was unlawful and hampered the business activities of Mr Seraphim and other shop owners.
It further restrained the assembly from converting the Knutsford Avenue into a market for hawkers.
Dismissing the application after listening to arguments from counsel for the plaintiff, Mr Godfred Yeboah Dame, and counsel for the AMA, Ms Selina Fenteng, in Accra yesterday, the court held that the AMA had ejected the hawkers as directed by the court.
Mr Dame had argued that the AMA had flouted the court’s orders by refusing to evict the hawkers but Ms Fenteng insisted that the AMA had carried out the order as directed by the court in 2006 and for that matter it could not be held liable if the hawkers had returned.
The court upheld the AMA’s submission and ruled that it could not be held liable if the hawkers had returned to the Knutsford Avenue.
It also ruled that there was no perpetual injunction on the AMA.
Mr Adjiri-Blankson walked out of the courtroom a free man after the court’s ruling.
However, counsel for the plaintiff, Mr Dame, said he would apply for a judicial review of the court’s decision because it misconstrued the judgement of April 10, 2006.
He said there was a perpetual injunction prohibiting the AMA from converting the avenue into a market for hawkers.
According to him, the AMA was enjoined to ensure that the hawkers did not return to the Knutsford Avenue.
In his application, Mr Seraphim claimed that the AMA had flouted the court’s orders by refusing to evict the hawkers, adding that they continued to exercise absolute dominion over the Knutsford Avenue, with the active connivance and complicity of the respondents.
“The respondents’ wilful violation of the orders of this court, contained in its judgement, is infringing on the constitutionally guaranteed property rights of myself and other property owners on the Knutsford Avenue,” Mr Seraphim averred.
According to him, the situation was gravely hampering his lawful business activities and those of other property owners.
He further averred that in spite of the court’s clear order for the provision of vehicular accessibility for him and other property owners, there were still in place certain pillars erected by the AMA which should have been removed as part of the process of executing the court order.
THE Accra Fast Track High Court yesterday dismissed an application for contempt filed against the Chief Executive of the Accra Metropolitan (AMA), Mr Stanley Adjiri-Blankson, by an Accra-based businessman.
The AMA boss was dragged to the court by Mr Labib C. Seraphim, who was praying the court to imprison the AMA boss for contempt for failing to evict hawkers from the Knustford Avenue in the Central Business District.
Mr Seraphim had also implored the court to impose a heavy fine on the AMA as an entity for refusing to carry out the judgement of the court, two years after it had been ordered to evict hawkers on the Knutsford Avenue.
The High Court, on April 10, 2006, ordered the defendants to evict hawkers on the Knutsford Avenue because their occupation was unlawful and hampered the business activities of Mr Seraphim and other shop owners.
It further restrained the assembly from converting the Knutsford Avenue into a market for hawkers.
Dismissing the application after listening to arguments from counsel for the plaintiff, Mr Godfred Yeboah Dame, and counsel for the AMA, Ms Selina Fenteng, in Accra yesterday, the court held that the AMA had ejected the hawkers as directed by the court.
Mr Dame had argued that the AMA had flouted the court’s orders by refusing to evict the hawkers but Ms Fenteng insisted that the AMA had carried out the order as directed by the court in 2006 and for that matter it could not be held liable if the hawkers had returned.
The court upheld the AMA’s submission and ruled that it could not be held liable if the hawkers had returned to the Knutsford Avenue.
It also ruled that there was no perpetual injunction on the AMA.
Mr Adjiri-Blankson walked out of the courtroom a free man after the court’s ruling.
However, counsel for the plaintiff, Mr Dame, said he would apply for a judicial review of the court’s decision because it misconstrued the judgement of April 10, 2006.
He said there was a perpetual injunction prohibiting the AMA from converting the avenue into a market for hawkers.
According to him, the AMA was enjoined to ensure that the hawkers did not return to the Knutsford Avenue.
In his application, Mr Seraphim claimed that the AMA had flouted the court’s orders by refusing to evict the hawkers, adding that they continued to exercise absolute dominion over the Knutsford Avenue, with the active connivance and complicity of the respondents.
“The respondents’ wilful violation of the orders of this court, contained in its judgement, is infringing on the constitutionally guaranteed property rights of myself and other property owners on the Knutsford Avenue,” Mr Seraphim averred.
According to him, the situation was gravely hampering his lawful business activities and those of other property owners.
He further averred that in spite of the court’s clear order for the provision of vehicular accessibility for him and other property owners, there were still in place certain pillars erected by the AMA which should have been removed as part of the process of executing the court order.
Five jailed 148 years for robbery
July 14, 2008 (Page 43)
THE Accra Fast Track High Court yesterday sentenced five persons to a total of 148 years imprisonment with hard labour after it found them guilty of conspiracy and robbery charges.
The convicts robbed their victim at gunpoint at Lashibi, a suburb of Accra, on May 5, 2002 and made away with cash and items valued at GH¢9,200.
Four of the convicts, namely, Isaac Thompson, alias Papa, 38; Wisdom Kworshie Akpeke, 24; Kwame Akuffu, 30, and Dela Anyigba, 28, were each sentenced to a term of 30 years imprisonment with hard labour.
They had pleaded not guilty to two counts of conspiracy and robbery but they were found guilty by the court after the prosecution had led evidence to prove their guilt.
The fifth accused person, Tetteh Dekpey, 29, was sentenced to 18 years imprisonment on the grounds that he had pleaded guilty to the charges of conspiracy and robbery from the onset of the trial.
Each of the accused persons is expected to serve his sentence from the day of arrest.
A sixth accused person, Alfred Adjei, has been on the run since 2002.
The trial judge, Mr Justice E. K. Ayebi, said the prosecution had succeeded in proving a prima facie case against the convicts.
He said robbery, which was on the ascendancy, had now become a daily occurrence and for that matter it was important that the convicts be given a deterrent sentence.
The brief facts, as presented by a State Attorney, Mr Augustines Obour, were that the convicts attacked their victim around 1.30 a.m. on May 5, 2002.
The convicts, upon entering the victim’s house, led one of the residents of the house at gunpoint to the victim’s room and took away GH¢3,500, one counting machine, jewellery, a video deck, a Sony sound system and other items.
On May 8, 2002, Dekpey was arrested and he in turn led the police to arrest the other accomplices at their hideouts.
THE Accra Fast Track High Court yesterday sentenced five persons to a total of 148 years imprisonment with hard labour after it found them guilty of conspiracy and robbery charges.
The convicts robbed their victim at gunpoint at Lashibi, a suburb of Accra, on May 5, 2002 and made away with cash and items valued at GH¢9,200.
Four of the convicts, namely, Isaac Thompson, alias Papa, 38; Wisdom Kworshie Akpeke, 24; Kwame Akuffu, 30, and Dela Anyigba, 28, were each sentenced to a term of 30 years imprisonment with hard labour.
They had pleaded not guilty to two counts of conspiracy and robbery but they were found guilty by the court after the prosecution had led evidence to prove their guilt.
The fifth accused person, Tetteh Dekpey, 29, was sentenced to 18 years imprisonment on the grounds that he had pleaded guilty to the charges of conspiracy and robbery from the onset of the trial.
Each of the accused persons is expected to serve his sentence from the day of arrest.
A sixth accused person, Alfred Adjei, has been on the run since 2002.
The trial judge, Mr Justice E. K. Ayebi, said the prosecution had succeeded in proving a prima facie case against the convicts.
He said robbery, which was on the ascendancy, had now become a daily occurrence and for that matter it was important that the convicts be given a deterrent sentence.
The brief facts, as presented by a State Attorney, Mr Augustines Obour, were that the convicts attacked their victim around 1.30 a.m. on May 5, 2002.
The convicts, upon entering the victim’s house, led one of the residents of the house at gunpoint to the victim’s room and took away GH¢3,500, one counting machine, jewellery, a video deck, a Sony sound system and other items.
On May 8, 2002, Dekpey was arrested and he in turn led the police to arrest the other accomplices at their hideouts.
Supreme Court to hear appeal against EC
June 28, 2008 (Page 31)
THE Supreme Court will on July 15, 2008 hear an appeal filed by the Electoral Commission (EC) which is seeking interpretation into a case brought against it by three members of the National Democratic Congress (NDC) on the publication of the 2004 presidential results.
The court, presided over by Ms Justice Sophia Akuffo, fixed the date after directing parties in the matter to serve the Attorney-General in order for him to respond appropriately to issues raised.
Other panel members are Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mr Justice Julius Ansah and Mrs Sophia Adinyira.
The plaintiffs, Mr Rojo Mettle-Nunoo, Squadron Leader Clend Sowu (retd) and Mr Kofi Portuphy, all members of the NDC, have sued the EC at the Fast Track High Court in Accra claiming that the commission was bound by law to publish the full and complete results of the December 7, 2004 presidential election.
They claim that the EC failed to gazette the 2004 presidential election as required by the law.
However, the EC stated that the Fast Track High Court had no jurisdiction to hear the matter and accordingly decided to take the matter to the Supreme Court for interpretation.
Consequently, the Supreme Court in 2006 ordered the Fast Track High Court to refer the matter to it for interpretation.
The Supreme Court’s order followed the decision of the trial judge at the Fast Track High Court to take evidence, look at disputed facts, re-look at the constitutional provisions being sought and then take a decision before referring the matter to the Supreme Court for hearing.
The Accra Fast Track High Court had since adjourned the case sine die, pending the outcome of the appeal at the Supreme Court.
The EC is seeking interpretation into the matter which resulted in the Supreme Court ordering the trial judge to refer the matter to it for interpretation.
The court, accordingly, reminded the defendant that it had the right to appeal if, at the end of the day, the court refused to make the referral being sought for.
It further reminded the defendant that it had the right to appeal against the court’s decision not to stay proceedings pending the outcome of the appeal.
The court, on December 14, 2005, ordered the EC not to destroy any electoral material relating to the December 7, 2004 presidential election until the final determination of a suit brought against it by the three members of the NDC.
The court order followed a motion on notice for interlocutory injunction filed on behalf of the plaintiffs.
In a statement of claim accompanying the writ, the plaintiffs prayed the court to declare as illegal the refusal or neglect of the EC to publish the results.
The plaintiffs further urged the court to give an order “compelling the defendant to publish the full and complete results of the presidential election of December 7, 2004 in the Ghana Gazette or by any method permitted by law”.
The three further prayed the court to compel the EC to furnish them with the details of the total number of registered voters, total number of voters and total number of valid votes counted from the 21,005 polling stations, as well as the distribution of the valid votes cast among all the presidential candidates, the total number of rejected ballots, the percentage of valid votes for each presidential candidate, the voter turn out, among other reliefs.
According to the plaintiffs, they would contend that the failure of the defendant to publish the full and complete results of the presidential election of December 7, 2004, together with the details of the results, was an infringement on the provisions of Article 45 of the 1992 Constitution and Section Two of Act 451 which imposed on the EC the duty of the conduct and supervision of all public elections and referenda in the country.
They contended that the EC had also infringed on the electoral laws of the country by failing to publish the results in detail.
The EC, on the other hand, stated that the two press conferences which declared the winner of the presidential election were based on the fact that more than 50 per cent of the total number of valid votes had been cast in favour of His Excellency John Agyekum Kufuor, adding, “And regarding the total votes in the remaining constituencies , even if all were cast in favour of the second-placed candidate, Professor J. E. A. Mills, there would have been no change in the result.”
The EC contended that it had performed its constitutional duty by publishing the Declaration of President-elect Instrument, 2004.
A statement of defence filed on behalf of the defendant by Lynes Quashie-Idun and Company, legal practitioners, described as misconceived the plaintiffs’ declaration that the EC had failed to perform its constitutional duty, adding that “the defendant contends that upon a true and proper interpretation of Article 64 (10) of the 1992 Constitution, any citizen who was aggrieved by, or dissatisfied with, the declaration contained in the Declaration of President-Elect Instrument, 2004 had 21 days within which to present a petition to the Supreme Court in challenge of the said declaration”.
.
THE Supreme Court will on July 15, 2008 hear an appeal filed by the Electoral Commission (EC) which is seeking interpretation into a case brought against it by three members of the National Democratic Congress (NDC) on the publication of the 2004 presidential results.
The court, presided over by Ms Justice Sophia Akuffo, fixed the date after directing parties in the matter to serve the Attorney-General in order for him to respond appropriately to issues raised.
Other panel members are Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mr Justice Julius Ansah and Mrs Sophia Adinyira.
The plaintiffs, Mr Rojo Mettle-Nunoo, Squadron Leader Clend Sowu (retd) and Mr Kofi Portuphy, all members of the NDC, have sued the EC at the Fast Track High Court in Accra claiming that the commission was bound by law to publish the full and complete results of the December 7, 2004 presidential election.
They claim that the EC failed to gazette the 2004 presidential election as required by the law.
However, the EC stated that the Fast Track High Court had no jurisdiction to hear the matter and accordingly decided to take the matter to the Supreme Court for interpretation.
Consequently, the Supreme Court in 2006 ordered the Fast Track High Court to refer the matter to it for interpretation.
The Supreme Court’s order followed the decision of the trial judge at the Fast Track High Court to take evidence, look at disputed facts, re-look at the constitutional provisions being sought and then take a decision before referring the matter to the Supreme Court for hearing.
The Accra Fast Track High Court had since adjourned the case sine die, pending the outcome of the appeal at the Supreme Court.
The EC is seeking interpretation into the matter which resulted in the Supreme Court ordering the trial judge to refer the matter to it for interpretation.
The court, accordingly, reminded the defendant that it had the right to appeal if, at the end of the day, the court refused to make the referral being sought for.
It further reminded the defendant that it had the right to appeal against the court’s decision not to stay proceedings pending the outcome of the appeal.
The court, on December 14, 2005, ordered the EC not to destroy any electoral material relating to the December 7, 2004 presidential election until the final determination of a suit brought against it by the three members of the NDC.
The court order followed a motion on notice for interlocutory injunction filed on behalf of the plaintiffs.
In a statement of claim accompanying the writ, the plaintiffs prayed the court to declare as illegal the refusal or neglect of the EC to publish the results.
The plaintiffs further urged the court to give an order “compelling the defendant to publish the full and complete results of the presidential election of December 7, 2004 in the Ghana Gazette or by any method permitted by law”.
The three further prayed the court to compel the EC to furnish them with the details of the total number of registered voters, total number of voters and total number of valid votes counted from the 21,005 polling stations, as well as the distribution of the valid votes cast among all the presidential candidates, the total number of rejected ballots, the percentage of valid votes for each presidential candidate, the voter turn out, among other reliefs.
According to the plaintiffs, they would contend that the failure of the defendant to publish the full and complete results of the presidential election of December 7, 2004, together with the details of the results, was an infringement on the provisions of Article 45 of the 1992 Constitution and Section Two of Act 451 which imposed on the EC the duty of the conduct and supervision of all public elections and referenda in the country.
They contended that the EC had also infringed on the electoral laws of the country by failing to publish the results in detail.
The EC, on the other hand, stated that the two press conferences which declared the winner of the presidential election were based on the fact that more than 50 per cent of the total number of valid votes had been cast in favour of His Excellency John Agyekum Kufuor, adding, “And regarding the total votes in the remaining constituencies , even if all were cast in favour of the second-placed candidate, Professor J. E. A. Mills, there would have been no change in the result.”
The EC contended that it had performed its constitutional duty by publishing the Declaration of President-elect Instrument, 2004.
A statement of defence filed on behalf of the defendant by Lynes Quashie-Idun and Company, legal practitioners, described as misconceived the plaintiffs’ declaration that the EC had failed to perform its constitutional duty, adding that “the defendant contends that upon a true and proper interpretation of Article 64 (10) of the 1992 Constitution, any citizen who was aggrieved by, or dissatisfied with, the declaration contained in the Declaration of President-Elect Instrument, 2004 had 21 days within which to present a petition to the Supreme Court in challenge of the said declaration”.
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Thursday, July 10, 2008
Justice Asante to hear Nana Konadu’s case
July 10, 2008 (Page 55)
A new judge has been assigned to hear the case in which Nana Konadu Agyeman Rawlings and four others are standing trial at the Accra Fast Track High Court for allegedly causing financial loss to the state.
The judge, Mr Justice Edward Asante, took over from Mr Justice K. Acquaye, who has been promoted to the Court of Appeal.
At the court’s sitting in Accra yesterday, Mr Justice Asante informed the prosecution and the defence that yesterday was his first time on the case and for that matter he needed time to study the docket before trial could commence.
The matter was, accordingly, adjourned to Friday, July 18, 2008.
Nana Konadu is standing trial with Sherry Ayittey, the Managing Director of the Caridem Development Company Limited (CDCL), the CDCL as an entity, Emmanuel Amuzu Agbodo, a former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, a former accountant of the DIC, and Kwame Peprah, a former Minister of Finance and former Chairman of the DIC.
All the accused persons, except Owusu, were present in court yesterday.
They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement, obtaining public property by false statement and altering forged document.
They have denied the offences and have been admitted to self-recognisance bail.
The accused persons were alleged to have caused losses to public property in 1995 running into billions of cedis following the divestiture of the GIHOC Cannery at Nsawam, a government cannery acquired by CDCL, which is owned by the 31st December Women’s Movement (DWM).
Nana Konadu, Sherry and CDCL as an entity filed an application for permanent stay of proceedings because the subject matter for which they were standing trial was being contested in another court in a civil suit brought against the DIC and the Attorney-General by CDCL over the take-over of GIHOC.
However, on December 18, 2007, the court dismissed the application for stay of proceedings filed by the defendants to enable them to pursue the civil aspect of the matter.
According to the court, where there were both civil and criminal proceedings pending over an issue, the criminal action outweighed the civil one and, therefore, refused the application.
Counsel for Nana Konadu, Mr Tony Lithur, prayed the court on November 15, 2007 to stay proceedings in the matter because of a civil suit between CDCL and the Attorney-General over the ownership of the company, which was pending at the High Court, or, in the interim, dismiss the case.
He argued that the criminal proceedings brought against his clients amounted to an abuse of power by the Attorney-General.
Mr Lithur said the court had power to question the activities of the Executive, of which the Attorney-General was part, and if that was not done, it would place the Attorney-General above the Constitution of the land.
The court ruled that the civil suit and the instant case were not related, neither did they merge, because the latter involved a declaration of ownership and abrogation of contract, while the ingredients required to prove them were different.
It said although it was not for counsel to speculate the probable findings, the court was bound to protect itself from abuse.
Regarding an assertion by counsel that the Attorney-General, as a public officer and member of the Executive, was exercising arbitrary power to abuse the court process, the court ruled that the Constitution mandated the Attorney-General, as a duty, to initiate and conduct all criminal proceedings in the country.
The court admitted that while the A-G was bound to do that, he must not be arbitrary or capricious and stated that the trial in both cases had not commenced.
It said although the arguments put up by the counsel were ingenuous, they did not impress the court because once and until it was progressing, the Attorney-General was entitled to substitute the charges and those rights of the A-G could not be taken away from him.
Counsel had argued that the residual power of the Supreme Court was superior to any legislation and for that reason if the court did not accept what the Attorney-General was doing, then it meant the Executive could not be checked.
The Attorney-General, Mr Joe Ghartey, had described the application as unmeritorious because it was totally unknown in criminal law and the Constitution.
He said the institution of criminal action against the five was based on the Auditor-General's report on the malfeasance they committed in the acquisition of the GIHOC/Nsawam Cannery.
A new judge has been assigned to hear the case in which Nana Konadu Agyeman Rawlings and four others are standing trial at the Accra Fast Track High Court for allegedly causing financial loss to the state.
The judge, Mr Justice Edward Asante, took over from Mr Justice K. Acquaye, who has been promoted to the Court of Appeal.
At the court’s sitting in Accra yesterday, Mr Justice Asante informed the prosecution and the defence that yesterday was his first time on the case and for that matter he needed time to study the docket before trial could commence.
The matter was, accordingly, adjourned to Friday, July 18, 2008.
Nana Konadu is standing trial with Sherry Ayittey, the Managing Director of the Caridem Development Company Limited (CDCL), the CDCL as an entity, Emmanuel Amuzu Agbodo, a former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, a former accountant of the DIC, and Kwame Peprah, a former Minister of Finance and former Chairman of the DIC.
All the accused persons, except Owusu, were present in court yesterday.
They are facing various charges of conspiracy, causing financial loss to public property, conspiracy to obtain public property by false statement, obtaining public property by false statement and altering forged document.
They have denied the offences and have been admitted to self-recognisance bail.
The accused persons were alleged to have caused losses to public property in 1995 running into billions of cedis following the divestiture of the GIHOC Cannery at Nsawam, a government cannery acquired by CDCL, which is owned by the 31st December Women’s Movement (DWM).
Nana Konadu, Sherry and CDCL as an entity filed an application for permanent stay of proceedings because the subject matter for which they were standing trial was being contested in another court in a civil suit brought against the DIC and the Attorney-General by CDCL over the take-over of GIHOC.
However, on December 18, 2007, the court dismissed the application for stay of proceedings filed by the defendants to enable them to pursue the civil aspect of the matter.
According to the court, where there were both civil and criminal proceedings pending over an issue, the criminal action outweighed the civil one and, therefore, refused the application.
Counsel for Nana Konadu, Mr Tony Lithur, prayed the court on November 15, 2007 to stay proceedings in the matter because of a civil suit between CDCL and the Attorney-General over the ownership of the company, which was pending at the High Court, or, in the interim, dismiss the case.
He argued that the criminal proceedings brought against his clients amounted to an abuse of power by the Attorney-General.
Mr Lithur said the court had power to question the activities of the Executive, of which the Attorney-General was part, and if that was not done, it would place the Attorney-General above the Constitution of the land.
The court ruled that the civil suit and the instant case were not related, neither did they merge, because the latter involved a declaration of ownership and abrogation of contract, while the ingredients required to prove them were different.
It said although it was not for counsel to speculate the probable findings, the court was bound to protect itself from abuse.
Regarding an assertion by counsel that the Attorney-General, as a public officer and member of the Executive, was exercising arbitrary power to abuse the court process, the court ruled that the Constitution mandated the Attorney-General, as a duty, to initiate and conduct all criminal proceedings in the country.
The court admitted that while the A-G was bound to do that, he must not be arbitrary or capricious and stated that the trial in both cases had not commenced.
It said although the arguments put up by the counsel were ingenuous, they did not impress the court because once and until it was progressing, the Attorney-General was entitled to substitute the charges and those rights of the A-G could not be taken away from him.
Counsel had argued that the residual power of the Supreme Court was superior to any legislation and for that reason if the court did not accept what the Attorney-General was doing, then it meant the Executive could not be checked.
The Attorney-General, Mr Joe Ghartey, had described the application as unmeritorious because it was totally unknown in criminal law and the Constitution.
He said the institution of criminal action against the five was based on the Auditor-General's report on the malfeasance they committed in the acquisition of the GIHOC/Nsawam Cannery.
Wednesday, July 9, 2008
Accused forged CEO’s signature -Investigator
JULY 9, 2008 (Page 31)
THE investigator in the GH¢33,850 theft case involving three former workers of Yasarko Printing Press Limited, a printing firm in Accra, has informed the Circuit Court in Accra that one of the accused persons admitted forging the signature of the company's chief executive to steal money from the company's accounts.
Detective Corporal Eric Ofori said the accused person, Hanson Lawrence Agyare-Sefah, admitted in his caution statement that he (Agyare-Sefah) sneaked into the office of the Director of the company, Mr Yaw Sarkodie, to steal an unspecified number of leaflets from the Standard Chartered Bank cheque books.
D/Cpl Ofori, who is stationed at the Korle Bu Police Station, said Lawrence admitted in his caution statement that he used part of the stolen money to purchase two Nissan Urvan buses.
He said the vehicles had been retrieved and accordingly tendered the documents covering them in evidence as exhibits.
The investigator was giving his evidence-in-chief in the case in which Agyare-Sefah, a former security officer of the Yasarko Printing Press Limited, and Joseph Oppong and Christian Aban, both former drivers of the company, were alleged to have acted together to steal GH¢33,850 belonging to the company.
Agyare-Sefah faces 34 counts of conspiracy and stealing while Oppong and Aban are each charged with one count of abetment of crime.
They have all pleaded not guilty and have since been granted bail.
Continuing with his testimony, the investigator informed the court that Agyare-Sefah wrote three caution statements on August 17, 19 and 27, 2006 respectively, in the presence of an independent witness.
Agyare-Sefah, whose counsel was absent, admitted in open court that he wrote down the caution statement himself.
The statements were tendered in evidence as exhibits.
According to the investigator, Agyare-Sefah led him to the bank to retrieve a total of GH¢3,100. He also tendered the money in evidence after Agyare-Sefah had admitted in open court that he (Agyare-Sefah) led the investigator to retrieve the money from his bank accounts.
D/Cpl Ofori told the court that Oppong and Aban denied any wrongdoing in their caution statements.
The investigator told the court that he took the accused persons to the Dansoman branch of the Standard Chartered Bank where a video clip showed the accused person receiving moneys on different dates and times for 15 times reflecting on the stolen cheques.
He said he also saw Oppong and Aban withdrawing GH¢2,000 and GH¢900 respectively on different dates and times reflecting on the stolen cheques.
D/Cpl Ofori said he took specimen handwritings of the director of the company, as well as that of Agyare-Sefah and Aban, and forwarded them to the Police Crime Laboratory for examination.
According to him, the results proved it was Agyare-Sefah who wrote the cheques by forging the director's signature.
He tendered the Police Laboratory report in evidence and explained that he did not take specimen handwriting from Oppong because Oppong was not literate.
He said during investigations, it emerged that Agyare-Sefah had given GH¢17,000 and $3,000 to a policewoman to purchase a Mazda saloon car and quantities of bathroom accessories.
He said the policewoman returned the items and documents covering them and accordingly tendered them in evidence as exhibits but Agyare-Sefah denied the claims.
D/Cpl said it also came to his notice that Agyare-Sefah signed the cheques and gave them to Oppong and Aban to withdraw.
He has since completed with his evidence-in-chief.
The court ordered the accused persons to apply for the proceedings and give them to their lawyers to enable the lawyers to cross examine the investigator on the next adjourned date.
Hearing continues on July 9, 2008.
THE investigator in the GH¢33,850 theft case involving three former workers of Yasarko Printing Press Limited, a printing firm in Accra, has informed the Circuit Court in Accra that one of the accused persons admitted forging the signature of the company's chief executive to steal money from the company's accounts.
Detective Corporal Eric Ofori said the accused person, Hanson Lawrence Agyare-Sefah, admitted in his caution statement that he (Agyare-Sefah) sneaked into the office of the Director of the company, Mr Yaw Sarkodie, to steal an unspecified number of leaflets from the Standard Chartered Bank cheque books.
D/Cpl Ofori, who is stationed at the Korle Bu Police Station, said Lawrence admitted in his caution statement that he used part of the stolen money to purchase two Nissan Urvan buses.
He said the vehicles had been retrieved and accordingly tendered the documents covering them in evidence as exhibits.
The investigator was giving his evidence-in-chief in the case in which Agyare-Sefah, a former security officer of the Yasarko Printing Press Limited, and Joseph Oppong and Christian Aban, both former drivers of the company, were alleged to have acted together to steal GH¢33,850 belonging to the company.
Agyare-Sefah faces 34 counts of conspiracy and stealing while Oppong and Aban are each charged with one count of abetment of crime.
They have all pleaded not guilty and have since been granted bail.
Continuing with his testimony, the investigator informed the court that Agyare-Sefah wrote three caution statements on August 17, 19 and 27, 2006 respectively, in the presence of an independent witness.
Agyare-Sefah, whose counsel was absent, admitted in open court that he wrote down the caution statement himself.
The statements were tendered in evidence as exhibits.
According to the investigator, Agyare-Sefah led him to the bank to retrieve a total of GH¢3,100. He also tendered the money in evidence after Agyare-Sefah had admitted in open court that he (Agyare-Sefah) led the investigator to retrieve the money from his bank accounts.
D/Cpl Ofori told the court that Oppong and Aban denied any wrongdoing in their caution statements.
The investigator told the court that he took the accused persons to the Dansoman branch of the Standard Chartered Bank where a video clip showed the accused person receiving moneys on different dates and times for 15 times reflecting on the stolen cheques.
He said he also saw Oppong and Aban withdrawing GH¢2,000 and GH¢900 respectively on different dates and times reflecting on the stolen cheques.
D/Cpl Ofori said he took specimen handwritings of the director of the company, as well as that of Agyare-Sefah and Aban, and forwarded them to the Police Crime Laboratory for examination.
According to him, the results proved it was Agyare-Sefah who wrote the cheques by forging the director's signature.
He tendered the Police Laboratory report in evidence and explained that he did not take specimen handwriting from Oppong because Oppong was not literate.
He said during investigations, it emerged that Agyare-Sefah had given GH¢17,000 and $3,000 to a policewoman to purchase a Mazda saloon car and quantities of bathroom accessories.
He said the policewoman returned the items and documents covering them and accordingly tendered them in evidence as exhibits but Agyare-Sefah denied the claims.
D/Cpl said it also came to his notice that Agyare-Sefah signed the cheques and gave them to Oppong and Aban to withdraw.
He has since completed with his evidence-in-chief.
The court ordered the accused persons to apply for the proceedings and give them to their lawyers to enable the lawyers to cross examine the investigator on the next adjourned date.
Hearing continues on July 9, 2008.
Judgement in MV Benjamin case postponed
July 9, 2008 (Page 31)
THE Accra Fast Track High Court yesterday postponed judgement in the case in which five persons, including the owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine, have been accused of narcotic offences.
Consequently, judgement has been fixed for Wednesday, July 23, 2008.
The court was expected to deliver its judgement yesterday but the trial judge summoned the prosecution and the defence team to his chambers and informed them that he had not finished writing the judgement.
Sources close to the case later informed waiting journalists and the interested parties that judgement had been postponed.
Following the development, the accused persons, namely, the owner of the vessel, Joseph Kojo Dawson; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; as well as Cui Xian Li and Luo Yin Xing, both Chinese, were escorted by prison officers back to lawful custody.
The MV Benjamin was allegedly used to cart 77 parcels of cocaine for the alleged cocaine fugitive, Sheriff Asem Dakeh, alias The Limping Man, who hired the vessel in February 2006.
The cocaine later disappeared after the vessel was impounded in March, 2006.
Dawson, Arhin, Bruce Arhin, Xian Li and Yin Xing have been standing trial for the past two years for allegedly playing various roles in the importation of the cocaine.
However, on Tuesday, October 16, 2007, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution had failed to prove a case against him.
The accused persons have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
A total of 13 prosecution witnesses testified against the accused persons.
However, in their defence, the accused persons denied any wrongdoing.
The trial of the accused persons began in November 2006 and ended in March 2008.
The court, presided over by Mr Justice Anin Yeboah, ordered both the prosecution and the defence to file their addresses, after which it fixed yesterday for judgement.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
THE Accra Fast Track High Court yesterday postponed judgement in the case in which five persons, including the owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine, have been accused of narcotic offences.
Consequently, judgement has been fixed for Wednesday, July 23, 2008.
The court was expected to deliver its judgement yesterday but the trial judge summoned the prosecution and the defence team to his chambers and informed them that he had not finished writing the judgement.
Sources close to the case later informed waiting journalists and the interested parties that judgement had been postponed.
Following the development, the accused persons, namely, the owner of the vessel, Joseph Kojo Dawson; Isaac Arhin and Philip Bruce Arhin, both Ghanaians; as well as Cui Xian Li and Luo Yin Xing, both Chinese, were escorted by prison officers back to lawful custody.
The MV Benjamin was allegedly used to cart 77 parcels of cocaine for the alleged cocaine fugitive, Sheriff Asem Dakeh, alias The Limping Man, who hired the vessel in February 2006.
The cocaine later disappeared after the vessel was impounded in March, 2006.
Dawson, Arhin, Bruce Arhin, Xian Li and Yin Xing have been standing trial for the past two years for allegedly playing various roles in the importation of the cocaine.
However, on Tuesday, October 16, 2007, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution had failed to prove a case against him.
The accused persons have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
A total of 13 prosecution witnesses testified against the accused persons.
However, in their defence, the accused persons denied any wrongdoing.
The trial of the accused persons began in November 2006 and ended in March 2008.
The court, presided over by Mr Justice Anin Yeboah, ordered both the prosecution and the defence to file their addresses, after which it fixed yesterday for judgement.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
Tuesday, July 8, 2008
Court decides on MV Benjamin case today
July 8, 2008 (Page 31)
THE Accra Fast Track High Court will today, July 8, 2008, decide the guilt or otherwise of five persons, including the owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine.
The MV Benjamin was allegedly used to cart 77 parcels of cocaine for the alleged cocaine fugitive, Sheriff Asem Dakeh, alias The Limping Man, who hired the vessel in February 2006.
The cocaine later disappeared after the vessel was impounded in March 2006.
Kojo Dawson, the owner of the vessel, Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, have been standing trial for the past two years for allegedly playing various roles in the importation of the cocaine.
However, on Tuesday, October 16, 2007, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution had failed to prove a case against him.
The accused persons have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
A total of 13 prosecution witnesses testified against the accused persons.
However, in their defence the accused persons denied any wrongdoing.
The trial of the accused persons began in November 2006 and ended in March 2008.
The court, presided over by Mr Justice Anin Yeboah, ordered both the prosecution and the defence to file their addresses, after which it fixed today for judgement.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
THE Accra Fast Track High Court will today, July 8, 2008, decide the guilt or otherwise of five persons, including the owner of the MV Benjamin vessel which was allegedly used to cart 77 parcels of cocaine.
The MV Benjamin was allegedly used to cart 77 parcels of cocaine for the alleged cocaine fugitive, Sheriff Asem Dakeh, alias The Limping Man, who hired the vessel in February 2006.
The cocaine later disappeared after the vessel was impounded in March 2006.
Kojo Dawson, the owner of the vessel, Isaac Arhin and Philip Bruce Arhin, both Ghanaians, as well as Cui Xian Li and Luo Yin Xing, both Chinese, have been standing trial for the past two years for allegedly playing various roles in the importation of the cocaine.
However, on Tuesday, October 16, 2007, a sixth accused person, Pak Bok Sil, a Korean national, was acquitted and discharged by the court, which ruled that the prosecution had failed to prove a case against him.
The accused persons have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
Each of them has pleaded not guilty to all the charges and has been remanded in prison custody.
A total of 13 prosecution witnesses testified against the accused persons.
However, in their defence the accused persons denied any wrongdoing.
The trial of the accused persons began in November 2006 and ended in March 2008.
The court, presided over by Mr Justice Anin Yeboah, ordered both the prosecution and the defence to file their addresses, after which it fixed today for judgement.
On Tuesday, October 16, 2007, the court ordered Dawson and the four others to open their defence and answer charges levelled against them.
Giving its ruling in a submission of ‘no case’ by counsel for the accused persons, the court held that the prosecution had succeeded in proving a prima facie case against the accused persons.
Tsikata files motion against judge
July 5, 2008 (Page 19)
THE former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Tsatsu Tsikata, has filed a motion at the Accra Fast Track High Court to disqualify the judge who jailed him for five years from hearing his application for bail pending the outcome of an appeal he filed against his sentence.
According to him, the trial judge, Mrs Justice Henrietta Abban, had persistently been biased towards him and therefore she was not qualified to hear his bail application.
“The issue of bias by a judge is indeed a serious matter that is provided for in Article 296 (b) of the Constitution. It is fundamental to the ends of justice that a judge proceed with open judicial mind, untainted by bias which is not the case with Mrs Justice Abban as far as this application is concerned,” a hand-written affidavit in support of Tsikata’s motion stated.
He has, therefore, requested for a mini trial to determine his allegations of bias against the trial judge.
At the court’s sitting in Accra yesterday, the Registrar of the Fast Track High Court informed the parked courtroom that the court would not sit because the trial judge was indisposed.
He, therefore, informed both the prosecution and the defence that he had been instructed to adjourn the case to July 9, 2008 but the case was eventually adjourned to July 10, 2008 after deliberations between parties.
Tsikata, who represented himself, wondered why a fresh motion should be put before a judge who was indisposed.
A brother of Tsikata, Mr Fui Tsikata, who is also a lawyer, informed journalists on the court premises that it was improper for the same judge to be made to hear Tsikata’s application for bail.
He said the trial judge had exhibited too much bias to be made to hear the bail application and further stated that his brother had written to the Chief Justice on the matter.
He also took the opportunity to announce that the Tsikata family had nothing to do with a Prosper Tsikata whom he claimed was going about defrauding hundreds of people.
Mr Tsikata said the family had reported the conduct of the said Prosper Tsikata to the police and wondered why he had not been arrested yet.
As usual, hundreds of Tsatsu’s sympathisers including leading members of the National Democratic Congress (NDC) thronged the court premises to show their solidarity.
The Supreme Court on June 25, 2008 suspended judgement on whether or not the International Finance Corporation (IFC) should be ordered to testify in the case in which Tsatsu Tsikata was accused of causing financial loss to the state.
This followed a request by Tsikata to the court to “arrest” its judgement and invoke its supervisory jurisdiction by quashing his conviction by the lower court.
According to the convict, while waiting for the Supreme Court’s decision on the matter, “the trial judge at the Fast Track High Court has embarked on a number of steps in danger of undermining the authority of the Supreme Court”.
Tsikata, who represented himself, said his motion was to enable the court to ensure that the administration of justice was not brought into disrepute by the desecration of justice that occurred on June 18, 2008 (the day of his sentence).
Following his application, the court, presided over by Mr Justice William Atuguba, in consultation with other panel members, adjourned the case indefinitely to enable the court, as well as the Attorney-General, to be served with the motion paper.
Other members of the panel were Mr Justice S. A. Brobbey, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mr Justice S. K. Asiamah.
Before his conviction, Tsikata had prayed the Supreme Court to compel IFC to testify in the case.
His earlier applications at the Fast Track High Court and the Court of Appeal regarding the evidence of the IFC were dismissed on the grounds that the IFC was immune from judicial processes.
Tsikata was found guilty on three counts of wilfully causing financial loss of GH¢230,000 to the state and another count of misapplying public property and sentenced to five years’ imprisonment on each count to run concurrently.
Tsikata had gone to the court without his lawyer who, he said, was outside the jurisdiction on the day of his incarceration, and had sought to take a date for the hearing of a fresh motion on notice to take further evidence that he had filed at the court.
The motion sought an order granting leave for the defence to call further evidence in the case and, upon the evidence being heard, for counsel for the parties to be heard in respect of the legal effect of the further evidence adduced.
The former chief executive of the GNPC was charged in 2002 with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he guaranteed for Valley Farms, a private cocoa-producing company, on behalf of the GNPC, and another count of misapplying GH¢2,000 in public property.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Tsikata pleaded not guilty to the charges and was granted a self-recognisance bail.
He has since appealed against his conviction, as well as petitioned the Chief Justice, alleging bias and unjudicial conduct against the judge.
THE former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Tsatsu Tsikata, has filed a motion at the Accra Fast Track High Court to disqualify the judge who jailed him for five years from hearing his application for bail pending the outcome of an appeal he filed against his sentence.
According to him, the trial judge, Mrs Justice Henrietta Abban, had persistently been biased towards him and therefore she was not qualified to hear his bail application.
“The issue of bias by a judge is indeed a serious matter that is provided for in Article 296 (b) of the Constitution. It is fundamental to the ends of justice that a judge proceed with open judicial mind, untainted by bias which is not the case with Mrs Justice Abban as far as this application is concerned,” a hand-written affidavit in support of Tsikata’s motion stated.
He has, therefore, requested for a mini trial to determine his allegations of bias against the trial judge.
At the court’s sitting in Accra yesterday, the Registrar of the Fast Track High Court informed the parked courtroom that the court would not sit because the trial judge was indisposed.
He, therefore, informed both the prosecution and the defence that he had been instructed to adjourn the case to July 9, 2008 but the case was eventually adjourned to July 10, 2008 after deliberations between parties.
Tsikata, who represented himself, wondered why a fresh motion should be put before a judge who was indisposed.
A brother of Tsikata, Mr Fui Tsikata, who is also a lawyer, informed journalists on the court premises that it was improper for the same judge to be made to hear Tsikata’s application for bail.
He said the trial judge had exhibited too much bias to be made to hear the bail application and further stated that his brother had written to the Chief Justice on the matter.
He also took the opportunity to announce that the Tsikata family had nothing to do with a Prosper Tsikata whom he claimed was going about defrauding hundreds of people.
Mr Tsikata said the family had reported the conduct of the said Prosper Tsikata to the police and wondered why he had not been arrested yet.
As usual, hundreds of Tsatsu’s sympathisers including leading members of the National Democratic Congress (NDC) thronged the court premises to show their solidarity.
The Supreme Court on June 25, 2008 suspended judgement on whether or not the International Finance Corporation (IFC) should be ordered to testify in the case in which Tsatsu Tsikata was accused of causing financial loss to the state.
This followed a request by Tsikata to the court to “arrest” its judgement and invoke its supervisory jurisdiction by quashing his conviction by the lower court.
According to the convict, while waiting for the Supreme Court’s decision on the matter, “the trial judge at the Fast Track High Court has embarked on a number of steps in danger of undermining the authority of the Supreme Court”.
Tsikata, who represented himself, said his motion was to enable the court to ensure that the administration of justice was not brought into disrepute by the desecration of justice that occurred on June 18, 2008 (the day of his sentence).
Following his application, the court, presided over by Mr Justice William Atuguba, in consultation with other panel members, adjourned the case indefinitely to enable the court, as well as the Attorney-General, to be served with the motion paper.
Other members of the panel were Mr Justice S. A. Brobbey, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mr Justice S. K. Asiamah.
Before his conviction, Tsikata had prayed the Supreme Court to compel IFC to testify in the case.
His earlier applications at the Fast Track High Court and the Court of Appeal regarding the evidence of the IFC were dismissed on the grounds that the IFC was immune from judicial processes.
Tsikata was found guilty on three counts of wilfully causing financial loss of GH¢230,000 to the state and another count of misapplying public property and sentenced to five years’ imprisonment on each count to run concurrently.
Tsikata had gone to the court without his lawyer who, he said, was outside the jurisdiction on the day of his incarceration, and had sought to take a date for the hearing of a fresh motion on notice to take further evidence that he had filed at the court.
The motion sought an order granting leave for the defence to call further evidence in the case and, upon the evidence being heard, for counsel for the parties to be heard in respect of the legal effect of the further evidence adduced.
The former chief executive of the GNPC was charged in 2002 with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he guaranteed for Valley Farms, a private cocoa-producing company, on behalf of the GNPC, and another count of misapplying GH¢2,000 in public property.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Tsikata pleaded not guilty to the charges and was granted a self-recognisance bail.
He has since appealed against his conviction, as well as petitioned the Chief Justice, alleging bias and unjudicial conduct against the judge.
Bawku Conflict : Fourteen remanded
July 5, 2008 (Front Page - Second Lead)
FOURTEEN people were yesterday arraigned before the Accra Fast Track High and the Osu District Magistrate courts for playing various roles in the Bawku conflict, resulting in the death of people.
The 14, including a juvenile and a police constable, were charged with different counts of conspiracy, murder, possessing firearms and ammunition without lawful authority and dishonestly receiving after they had been arrested on different occasions by a joint military and police task force deployed in Bawku to restore law and order.
Six of the accused persons, namely, Daniel Yeboah, the Police Constable; Nuhu Fuseini, 15; Sumaila Seidu, Issaka Fuseini, Awumbila John Ndego and Alhassan Hamza, were arraigned before the Fast Track High Court charged with possessing firearms without authority, among others.
Apart from Nuhu Fuseini who was remanded at the Osu Juvenile Home, the rest were remanded in police custody.
All the accused persons pleaded not guilty to the charge of possessing firearms and ammunition without lawful authority and were remanded to reappear on August 4, 2008.
At the Fast Track High Court’s sitting, the prosecutor, Assistant Superintendent of Police Mr Patrick Morkeh, prayed the court to remand the accused persons for a month to enable the police to complete investigations into the matter.
Presenting brief facts on the case, Mr Morkeh said Sumaila Seidu was caught by security forces when he was in possession of a locally manufactured pistol loaded with live cartridges around 8.00 p.m. on February 4, 2008, while Nuhu Fuseini was arrested in possession of 16 rounds of ammunition.
According to the prosecution, on May 13, 2008, Daniel Yeboah allegedly stole an AK 47 assault rifle and 30 rounds of ammunition, while Ndego was caught in possession of two AK 47 assault rifles on June 27, 2008.
Issaka Fuseini and Daniel Yeboah were charged with dishonestly receiving and possessing firearms and ammunition without lawful authority, while Alhassan Hamza was charged with possessing firearms without lawful authority.
At the Osu District Magistrate Court, eight of the accused persons, namely, Alhaji Fuseini Abugri, Amadu Abugri, Alidu Abugri, Imoro Salifu, Adamu Salifu, Haruna Ibrahim, Tanim Adam and Adamu Salifu, were charged with various counts of conspiracy and murder.
They all pleaded not guilty to the charges and were remanded by the court to reappear on July 29, 2008.
The prosecutor informed the court that Alhaji Fuseini, Amadu and Alidu Abugri, all siblings, allegedly slit the throats of an 80-year-old man and children at a village in Bawku on June 25, 2008 in retaliation over the death of their relative.
The prosecution said Imoro and Adamu Salifu shot and killed a contractor who was returning from the mosque on May 4, 2008 without any provocation, while Haruna Ibrahim, a Kusasi, was accused of ambushing Muniru Adam and chopping off his head in the process on May 5, 2008.
Tanim Adam, a revenue mobiliser, was accused of using an object to kill Yeremin Alhassan, a 53-year-old educationist, on May 13, 2008.
Adamu Salifu was alleged to have vandalised property, killing one person in the process, at a festival in Bawku on December 31, 2007.
The prosecution informed the two courts that other accomplices were on the run, for which reason investigations were ongoing to apprehend them.
FOURTEEN people were yesterday arraigned before the Accra Fast Track High and the Osu District Magistrate courts for playing various roles in the Bawku conflict, resulting in the death of people.
The 14, including a juvenile and a police constable, were charged with different counts of conspiracy, murder, possessing firearms and ammunition without lawful authority and dishonestly receiving after they had been arrested on different occasions by a joint military and police task force deployed in Bawku to restore law and order.
Six of the accused persons, namely, Daniel Yeboah, the Police Constable; Nuhu Fuseini, 15; Sumaila Seidu, Issaka Fuseini, Awumbila John Ndego and Alhassan Hamza, were arraigned before the Fast Track High Court charged with possessing firearms without authority, among others.
Apart from Nuhu Fuseini who was remanded at the Osu Juvenile Home, the rest were remanded in police custody.
All the accused persons pleaded not guilty to the charge of possessing firearms and ammunition without lawful authority and were remanded to reappear on August 4, 2008.
At the Fast Track High Court’s sitting, the prosecutor, Assistant Superintendent of Police Mr Patrick Morkeh, prayed the court to remand the accused persons for a month to enable the police to complete investigations into the matter.
Presenting brief facts on the case, Mr Morkeh said Sumaila Seidu was caught by security forces when he was in possession of a locally manufactured pistol loaded with live cartridges around 8.00 p.m. on February 4, 2008, while Nuhu Fuseini was arrested in possession of 16 rounds of ammunition.
According to the prosecution, on May 13, 2008, Daniel Yeboah allegedly stole an AK 47 assault rifle and 30 rounds of ammunition, while Ndego was caught in possession of two AK 47 assault rifles on June 27, 2008.
Issaka Fuseini and Daniel Yeboah were charged with dishonestly receiving and possessing firearms and ammunition without lawful authority, while Alhassan Hamza was charged with possessing firearms without lawful authority.
At the Osu District Magistrate Court, eight of the accused persons, namely, Alhaji Fuseini Abugri, Amadu Abugri, Alidu Abugri, Imoro Salifu, Adamu Salifu, Haruna Ibrahim, Tanim Adam and Adamu Salifu, were charged with various counts of conspiracy and murder.
They all pleaded not guilty to the charges and were remanded by the court to reappear on July 29, 2008.
The prosecutor informed the court that Alhaji Fuseini, Amadu and Alidu Abugri, all siblings, allegedly slit the throats of an 80-year-old man and children at a village in Bawku on June 25, 2008 in retaliation over the death of their relative.
The prosecution said Imoro and Adamu Salifu shot and killed a contractor who was returning from the mosque on May 4, 2008 without any provocation, while Haruna Ibrahim, a Kusasi, was accused of ambushing Muniru Adam and chopping off his head in the process on May 5, 2008.
Tanim Adam, a revenue mobiliser, was accused of using an object to kill Yeremin Alhassan, a 53-year-old educationist, on May 13, 2008.
Adamu Salifu was alleged to have vandalised property, killing one person in the process, at a festival in Bawku on December 31, 2007.
The prosecution informed the two courts that other accomplices were on the run, for which reason investigations were ongoing to apprehend them.
Court to decide fate of lotto operators
July 3, 2008 (Page 3 Lead)
THE Supreme Court will, on July 23, 2008, decide the fate of the Ghana Lotto Operators Association (GLOA) which is challenging the constitutionality of the National Lottery Authority (NLA) (Act 722).
The GLOA instituted the legal action against the NLA on the constitutionality or otherwise of the National Lotto Act which gave the NLA the exclusive right to operate lotto.
According to the GLOA, the NLA had taken over the assets of the Department of National Lotteries (DNL), instead of overseeing the operations of the NLA and DNL, thereby resulting in the cessation of the existence of the DNL.
At the court’s hearing in Accra yesterday, the presiding judge, Mr Justice S.A. Brobbey fixed the date after parties had filed the necessary documents to support their case.
According to the court, although parties in the matter defaulted in filing references, the court had decided to pardon them and give judgement in view of the immense public interest in the case.
It, therefore, directed counsel for both parties to make photocopies of references made and file them accordingly to assist the court in delivering its judgement.
Other panel members are Dr Justice Date Bah, Mr Justice Julius Ansah, Mr Justice Anin Yeboah and Mr Justice P. Baffoe-Bonnie.
According to the GLOA, the National Lotto Act, which outlawed the operations of lotto business by private lotto operators, infringed the constitutionally guaranteed right of the private lotto operators to free economic activity.
The plaintiffs — Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises — argued that the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
They are, therefore, praying the Supreme Court to declare that “the National Lotto Act (Act 722), in so far as it prescribes the operation of lotto by persons other than the State, is inconsistent with and in contravention of the letter and spirit of the 1992 Constitution of the Republic of Ghana, especially the fundamental human rights provisions and the directive principles of State policy, and is consequently null and void”.
The GLOA is also praying the court to set aside or strike down as null and void the offending sections of the said National Lotto Act, 2006 (Act 722).
According to the GLOA, the Constitution had stated categorically that “every person, particularly the private person, has the right to economic activity and that right cannot be lawfully taken away, save in the manner provided by the said Constitution”.
The plaintiffs said some time in July 2007, the NLA caused to be issued media publications which declared the NLA as the only body authorised to do lotto business in Ghana.
The GLOA argued that all sectors of the economy, ranging from the media, telecommunications, health, banking, among others, had been liberalised, thereby promoting free economic activities, to the benefit of all Ghanaians, adding that that must be seen to be done in the lotto business.
However, the NLA insisted that the law was constitutional and, therefore, did not infringe on the rights of the GLOA.
The NLA further argued that the Lotto Act did not monopolise its (NLA’s) operations and that district weekly lotto operators, popularly known as “banker-to-banker” operators, pirated on numbers drawn by the DNL for their private gain and thereby operated without regard to existing laws and regulations.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
THE Supreme Court will, on July 23, 2008, decide the fate of the Ghana Lotto Operators Association (GLOA) which is challenging the constitutionality of the National Lottery Authority (NLA) (Act 722).
The GLOA instituted the legal action against the NLA on the constitutionality or otherwise of the National Lotto Act which gave the NLA the exclusive right to operate lotto.
According to the GLOA, the NLA had taken over the assets of the Department of National Lotteries (DNL), instead of overseeing the operations of the NLA and DNL, thereby resulting in the cessation of the existence of the DNL.
At the court’s hearing in Accra yesterday, the presiding judge, Mr Justice S.A. Brobbey fixed the date after parties had filed the necessary documents to support their case.
According to the court, although parties in the matter defaulted in filing references, the court had decided to pardon them and give judgement in view of the immense public interest in the case.
It, therefore, directed counsel for both parties to make photocopies of references made and file them accordingly to assist the court in delivering its judgement.
Other panel members are Dr Justice Date Bah, Mr Justice Julius Ansah, Mr Justice Anin Yeboah and Mr Justice P. Baffoe-Bonnie.
According to the GLOA, the National Lotto Act, which outlawed the operations of lotto business by private lotto operators, infringed the constitutionally guaranteed right of the private lotto operators to free economic activity.
The plaintiffs — Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises — argued that the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
They are, therefore, praying the Supreme Court to declare that “the National Lotto Act (Act 722), in so far as it prescribes the operation of lotto by persons other than the State, is inconsistent with and in contravention of the letter and spirit of the 1992 Constitution of the Republic of Ghana, especially the fundamental human rights provisions and the directive principles of State policy, and is consequently null and void”.
The GLOA is also praying the court to set aside or strike down as null and void the offending sections of the said National Lotto Act, 2006 (Act 722).
According to the GLOA, the Constitution had stated categorically that “every person, particularly the private person, has the right to economic activity and that right cannot be lawfully taken away, save in the manner provided by the said Constitution”.
The plaintiffs said some time in July 2007, the NLA caused to be issued media publications which declared the NLA as the only body authorised to do lotto business in Ghana.
The GLOA argued that all sectors of the economy, ranging from the media, telecommunications, health, banking, among others, had been liberalised, thereby promoting free economic activities, to the benefit of all Ghanaians, adding that that must be seen to be done in the lotto business.
However, the NLA insisted that the law was constitutional and, therefore, did not infringe on the rights of the GLOA.
The NLA further argued that the Lotto Act did not monopolise its (NLA’s) operations and that district weekly lotto operators, popularly known as “banker-to-banker” operators, pirated on numbers drawn by the DNL for their private gain and thereby operated without regard to existing laws and regulations.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
Ataabadze "coke" men before court
July 3, 2008 (Centre Spread)
FOUR persons who were caught in possession of 380 parcels suspected to be cocaine at Ataabadze Junction in the Central Region were yesterday arraigned before the Accra Circuit Court.
The substance, which was concealed in 19 travelling bags, was intercepted on June 29, 2008 by personnel of the Cape Coast Regional Motor Traffic and Transport Unit (MTTU) of the Ghana Police Service who were on duty.
The four — Samuel Agoe Mills Robertson, 49, auto mechanic; Derick Armah Kwarteng, 48, civil/cable contractor; David Agyemfra, alias Chukwu Owura, 30, herbalist and orthopaedic specialist, and Charles Lartey, 33, trader — were remanded to reappear on July 17, 2008 to enable the police to conduct further investigations into the matter.
Two others, namely, Mike Ben, alias Osu, and Javi, a Colombian, are on the run.
The accused persons were each charged with two counts of conspiracy and possessing narcotic drug without lawful authority.
Their pleas were not taken.
Presenting the facts of the case, Assistant Superintendent of Police (ASP) Mr George Abavelim informed the court that on June 28, 2008, Robertson allegedly sought Kwarteng’s services to carry cocaine from Asankragua in the Western Region to Accra for a fee of $40,000, to which Kwarteng agreed.
Robertson allegedly recruited Agyemfra and Eben as escorts for the drug haul.
According to the prosecution, on that same day, Robertson used his private car, a Toyota saloon car, with registration number GW 31 Z, to convey Agyemfra and Eben to Asankragua, where they met Kwarteng at the Melody Hotel.
At the hotel, Kwarteng allegedly handed over his (Kwarteng’s) private car, a Toyota 4 Runner, with registration number GR 1204 Y, which was loaded with 19 travelling bags, each containing 20 slabs of cocaine, totalling 380 slabs, to Robertson and his escorts.
The prosecution said Kwarteng then took over Robertson’s saloon car, while Robertson drove Kwarteng’s Toyota 4 Runner, with Agyemfra and Eben staying on board as security escorts.
The three allegedly stayed overnight in Takoradi and continued their journey the following day, June 29, 2008. On their way they were intercepted at Ataabadze Junction on the Cape Coast highway by police officers of the Cape Coast Regional MTTU who were on duty.
Robertson was arrested but Agyemfra and Eben escaped into a nearby bush.
A search conducted in the vehicle revealed 19 travelling bags containing 380 slabs of a whitish powdery substance suspected to be cocaine.
Robertson was then taken to the Regional Police Command for interrogation and at a point he offered to pay $6,000 to the police in exchange for his freedom.
The police feigned interest and encouraged him to call Lartey, who was then in Accra, on phone to bring the said $6,000 to Cape Coast.
Lartey was, however, arrested when he got to the Police Command and a search conducted on him revealed 60 pieces of 100 dollar bill notes, totalling $6,000, as well CFA 220,000.
The prosecution informed the court that Agyemfra and Kwarteng were later spotted at the police station premises in Robertson’s saloon car, with registration number GW 31 Z.
According to the prosecution, the two were subsequently arrested on suspicion of being accomplices.
The prosecution prayed the court to remand the accused persons, since investigations were ongoing to ascertain the source of the drugs, as well as arrest other accomplices.
It said the substances had since been forwarded to the Ghana Standards Board (GSB) for testing.
FOUR persons who were caught in possession of 380 parcels suspected to be cocaine at Ataabadze Junction in the Central Region were yesterday arraigned before the Accra Circuit Court.
The substance, which was concealed in 19 travelling bags, was intercepted on June 29, 2008 by personnel of the Cape Coast Regional Motor Traffic and Transport Unit (MTTU) of the Ghana Police Service who were on duty.
The four — Samuel Agoe Mills Robertson, 49, auto mechanic; Derick Armah Kwarteng, 48, civil/cable contractor; David Agyemfra, alias Chukwu Owura, 30, herbalist and orthopaedic specialist, and Charles Lartey, 33, trader — were remanded to reappear on July 17, 2008 to enable the police to conduct further investigations into the matter.
Two others, namely, Mike Ben, alias Osu, and Javi, a Colombian, are on the run.
The accused persons were each charged with two counts of conspiracy and possessing narcotic drug without lawful authority.
Their pleas were not taken.
Presenting the facts of the case, Assistant Superintendent of Police (ASP) Mr George Abavelim informed the court that on June 28, 2008, Robertson allegedly sought Kwarteng’s services to carry cocaine from Asankragua in the Western Region to Accra for a fee of $40,000, to which Kwarteng agreed.
Robertson allegedly recruited Agyemfra and Eben as escorts for the drug haul.
According to the prosecution, on that same day, Robertson used his private car, a Toyota saloon car, with registration number GW 31 Z, to convey Agyemfra and Eben to Asankragua, where they met Kwarteng at the Melody Hotel.
At the hotel, Kwarteng allegedly handed over his (Kwarteng’s) private car, a Toyota 4 Runner, with registration number GR 1204 Y, which was loaded with 19 travelling bags, each containing 20 slabs of cocaine, totalling 380 slabs, to Robertson and his escorts.
The prosecution said Kwarteng then took over Robertson’s saloon car, while Robertson drove Kwarteng’s Toyota 4 Runner, with Agyemfra and Eben staying on board as security escorts.
The three allegedly stayed overnight in Takoradi and continued their journey the following day, June 29, 2008. On their way they were intercepted at Ataabadze Junction on the Cape Coast highway by police officers of the Cape Coast Regional MTTU who were on duty.
Robertson was arrested but Agyemfra and Eben escaped into a nearby bush.
A search conducted in the vehicle revealed 19 travelling bags containing 380 slabs of a whitish powdery substance suspected to be cocaine.
Robertson was then taken to the Regional Police Command for interrogation and at a point he offered to pay $6,000 to the police in exchange for his freedom.
The police feigned interest and encouraged him to call Lartey, who was then in Accra, on phone to bring the said $6,000 to Cape Coast.
Lartey was, however, arrested when he got to the Police Command and a search conducted on him revealed 60 pieces of 100 dollar bill notes, totalling $6,000, as well CFA 220,000.
The prosecution informed the court that Agyemfra and Kwarteng were later spotted at the police station premises in Robertson’s saloon car, with registration number GW 31 Z.
According to the prosecution, the two were subsequently arrested on suspicion of being accomplices.
The prosecution prayed the court to remand the accused persons, since investigations were ongoing to ascertain the source of the drugs, as well as arrest other accomplices.
It said the substances had since been forwarded to the Ghana Standards Board (GSB) for testing.
Geoffrey Bing, Attorney-General on Republic Day
July 1, 2008 (Page 29)
GEOFFREY Henry Cecil Bing, a British, was Ghana’s Attorney-General from September 9, 1957 to September 9, 1961.
He was popularly known as one of the the most “sinister” advisors of Ghana’s First President, Dr Kwame Nkrumah and was said to have devoted his time to ensuring that Dr Nkrumah remained in power.
On the backbenches, Bing was, according to his Time magazine obituary the unrestrained leader of a small group of radicals, never fully trusted by their colleagues and known as "Bing Boys".
Mr Bing was a close friend of Dr Nkrumah leading to his appointment as Ghana's Attorney-General. He was said to have defended Dr Nkrumah’s decision to deport two Ashanti Moslem leaders on the grounds that their presence was "not conducive to the public good." When the Moslems sued to claim their citizens' rights in court, Mr Bing argued that Ghana's Parliament had "absolute and complete power to legislate on any subject whatever," and no court may review any act not specifically forbidden by the Constitution. (He was referring to a Bill that was passed to sanction the expulsion of the two Moslems).
He was arrested and maltreated when Dr Nkrumah was overthrown in 1966, before being sent home some months later. His memoir of Nkrumah's Ghana, Reap the Whirlwind, was published in 1968.
Born on July 24, 1909 at Craigavad near Belfast, Mr Bing was a British barrister and politician who served as the Labour Member of Parliament for Hornchurch from 1945 to 1955.
Bing was educated at Tonbridge School before going on to Lincoln College, Oxford, where he read history.
Always a radical and a member of the socialist left, Mr Bing was active in the Haldane Society and the National Council for Civil Liberties. During the Spanish Civil War, he joined the International Brigades as a journalist and was also known to be an early anti-Nazi. He was also known to have supported Communist China and took a keen interest in Northern Ireland.
During World War II, he served in the Royal Signals, attaining the rank of major. A 1943 experiment with parachutes at the GSO2 Airborne Forces Development Centre left him disfigured and he bore the scars for many years.
At the 1945 general election, Bing stood for Labour in Hornchurch, winning the seat. He was re-elected in 1950 and 1951, serving until 1955.
He died on April 24, 1977.
GEOFFREY Henry Cecil Bing, a British, was Ghana’s Attorney-General from September 9, 1957 to September 9, 1961.
He was popularly known as one of the the most “sinister” advisors of Ghana’s First President, Dr Kwame Nkrumah and was said to have devoted his time to ensuring that Dr Nkrumah remained in power.
On the backbenches, Bing was, according to his Time magazine obituary the unrestrained leader of a small group of radicals, never fully trusted by their colleagues and known as "Bing Boys".
Mr Bing was a close friend of Dr Nkrumah leading to his appointment as Ghana's Attorney-General. He was said to have defended Dr Nkrumah’s decision to deport two Ashanti Moslem leaders on the grounds that their presence was "not conducive to the public good." When the Moslems sued to claim their citizens' rights in court, Mr Bing argued that Ghana's Parliament had "absolute and complete power to legislate on any subject whatever," and no court may review any act not specifically forbidden by the Constitution. (He was referring to a Bill that was passed to sanction the expulsion of the two Moslems).
He was arrested and maltreated when Dr Nkrumah was overthrown in 1966, before being sent home some months later. His memoir of Nkrumah's Ghana, Reap the Whirlwind, was published in 1968.
Born on July 24, 1909 at Craigavad near Belfast, Mr Bing was a British barrister and politician who served as the Labour Member of Parliament for Hornchurch from 1945 to 1955.
Bing was educated at Tonbridge School before going on to Lincoln College, Oxford, where he read history.
Always a radical and a member of the socialist left, Mr Bing was active in the Haldane Society and the National Council for Civil Liberties. During the Spanish Civil War, he joined the International Brigades as a journalist and was also known to be an early anti-Nazi. He was also known to have supported Communist China and took a keen interest in Northern Ireland.
During World War II, he served in the Royal Signals, attaining the rank of major. A 1943 experiment with parachutes at the GSO2 Airborne Forces Development Centre left him disfigured and he bore the scars for many years.
At the 1945 general election, Bing stood for Labour in Hornchurch, winning the seat. He was re-elected in 1950 and 1951, serving until 1955.
He died on April 24, 1977.
Thursday, June 26, 2008
Supreme Court defers judgement • At Tsatsu's request
June 26, 2008 (Page 3 Lead)
THE Supreme Court yesterday suspended judgement on whether or not the International Finance Corporation (IFC) should be ordered to testify in the case in which Tsatsu Tsikata was accused of causing financial loss to the state.
This followed a request by Tsikata, who has been sentenced to five years’ imprisonment by the Accra Fast Track High Court, to the court to “arrest” its judgement and invoke its supervisory jurisdiction by quashing his conviction by the lower court.
According to the convict, while waiting for the Supreme Court’s decision on the matter, “the trial judge at the Fast Track High Court has embarked on a number of steps in danger of undermining the authority of the Supreme Court”.
Tsikata, who represented himself at the court’s sitting in Accra yesterday, said, “I filed the motion this morning which will enable you to ensure that the administration of justice is not brought into disrepute by the desecration of justice that occurred on June 18, 2008.”
Following his application, the court, presided over by Mr Justice William Atuguba, in consultation with other panel members, adjourned the case indefinitely to enable the court, as well as the Attorney-General, to be served with the motion paper.
Other members of the panel were Mr Justice S. A. Brobbey, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mr Justice S. K. Asiamah.
Before his conviction, Tsikata had prayed the Supreme Court to compel IFC to testify in the case.
His earlier applications at the Fast Track High Court and the Court of Appeal regarding the evidence of the IFC were dismissed on the grounds that the IFC was immune from judicial processes.
According to Tsikata, the then Director of Public Prosecutions (DPP) had, during his (Tsikata’s) trial, brought a similar motion to arrest a decision that one of the panel members, Mr Justice Ansah, was about to deliver.
Tsikata stated that Mr Justice Ansah, who was then an Appeal Court judge sitting with additional responsibility as a High Court judge, obliged and later proceeded with the ruling after the necessary steps had been taken by the DPP.
Mr Justice Asiamah then moved in and informed the applicant that the court did not have a copy of the motion which the applicant said he had filed in the morning.
Mr Justice Atuguba also said he found it difficult to see how the reading of the court’s judgement would prejudice Tsikata’s application.
Tsikata responded by stating that there was a close and intricate relationship between what the court was about to do (that is, the reading of the Supreme Court judgement) and what happened on June 18, 2008 (referring to his incarceration).
Responding to the application, the Attorney-General and Minister of Justice, Mr Joe Ghartey, said he had also not been served with the motion.
He said the issues raised by Tsikata were very serious and for that matter he needed to be served in order to respond appropriately.
Mr Ghartey, however, stated that he did not witness any desecration of justice on the day Tsikata was imprisoned by Mrs Justice Henrietta Abban, an Appeal Court judge with additional responsibility as a High Court judge.
In the substantive motion to invoke the supervisory jurisdiction of the Supreme Court, Tsikata stated that the trial judge acted without jurisdiction in reaching her decision in infringement of his constitutional rights to be represented by himself or by counsel of his own choice.
He said the trial judge acted without jurisdiction in not treating him equally before the law when she compelled him to proceed with application for further evidence, in the absence of his counsel.
According to him, the trial judge exercised her discretionary power arbitrarily, capriciously and biased through resentment, prejudice and personal dislike.
“The decision of the trial judge to strike out the application for further evidence was taken contrary to her duty to be fair and candid, under Article 296 of the Constitution, and was an error on the face of the record,” the motion, which was handwritten, stated.
He further argued that the trial judge had predetermined the outcome of the application because she had her judgement in hand, while his application was still pending.
Tsikata was found guilty on three counts of wilfully causing financial loss of GH¢230,000 to the state and another count of misapplying public property and sentenced to five years’ imprisonment on each count to run concurrently.
Tsikata had gone to the court without his lawyer who, he said, was outside the jurisdiction on the day of his incarceration, and had sought to take a date for the hearing of a fresh motion on notice to take further evidence that he had filed at the court.
The motion sought an order granting leave for the defence to call further evidence in the case and, upon the evidence being heard, for counsel for the parties to be heard in respect of the legal effect of the further evidence adduced.
The former chief executive of the GNPC had a brush with the law when, in 2002, the state charged him with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying GH¢2,000 in public property.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Tsikata pleaded not guilty to the charges and was granted a self-recognisance bail.
He has since appealed against his conviction, as well as petitioned the Chief Justice Chief Justice, alleging bias and unjudicial conduct against the judge.
THE Supreme Court yesterday suspended judgement on whether or not the International Finance Corporation (IFC) should be ordered to testify in the case in which Tsatsu Tsikata was accused of causing financial loss to the state.
This followed a request by Tsikata, who has been sentenced to five years’ imprisonment by the Accra Fast Track High Court, to the court to “arrest” its judgement and invoke its supervisory jurisdiction by quashing his conviction by the lower court.
According to the convict, while waiting for the Supreme Court’s decision on the matter, “the trial judge at the Fast Track High Court has embarked on a number of steps in danger of undermining the authority of the Supreme Court”.
Tsikata, who represented himself at the court’s sitting in Accra yesterday, said, “I filed the motion this morning which will enable you to ensure that the administration of justice is not brought into disrepute by the desecration of justice that occurred on June 18, 2008.”
Following his application, the court, presided over by Mr Justice William Atuguba, in consultation with other panel members, adjourned the case indefinitely to enable the court, as well as the Attorney-General, to be served with the motion paper.
Other members of the panel were Mr Justice S. A. Brobbey, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mr Justice S. K. Asiamah.
Before his conviction, Tsikata had prayed the Supreme Court to compel IFC to testify in the case.
His earlier applications at the Fast Track High Court and the Court of Appeal regarding the evidence of the IFC were dismissed on the grounds that the IFC was immune from judicial processes.
According to Tsikata, the then Director of Public Prosecutions (DPP) had, during his (Tsikata’s) trial, brought a similar motion to arrest a decision that one of the panel members, Mr Justice Ansah, was about to deliver.
Tsikata stated that Mr Justice Ansah, who was then an Appeal Court judge sitting with additional responsibility as a High Court judge, obliged and later proceeded with the ruling after the necessary steps had been taken by the DPP.
Mr Justice Asiamah then moved in and informed the applicant that the court did not have a copy of the motion which the applicant said he had filed in the morning.
Mr Justice Atuguba also said he found it difficult to see how the reading of the court’s judgement would prejudice Tsikata’s application.
Tsikata responded by stating that there was a close and intricate relationship between what the court was about to do (that is, the reading of the Supreme Court judgement) and what happened on June 18, 2008 (referring to his incarceration).
Responding to the application, the Attorney-General and Minister of Justice, Mr Joe Ghartey, said he had also not been served with the motion.
He said the issues raised by Tsikata were very serious and for that matter he needed to be served in order to respond appropriately.
Mr Ghartey, however, stated that he did not witness any desecration of justice on the day Tsikata was imprisoned by Mrs Justice Henrietta Abban, an Appeal Court judge with additional responsibility as a High Court judge.
In the substantive motion to invoke the supervisory jurisdiction of the Supreme Court, Tsikata stated that the trial judge acted without jurisdiction in reaching her decision in infringement of his constitutional rights to be represented by himself or by counsel of his own choice.
He said the trial judge acted without jurisdiction in not treating him equally before the law when she compelled him to proceed with application for further evidence, in the absence of his counsel.
According to him, the trial judge exercised her discretionary power arbitrarily, capriciously and biased through resentment, prejudice and personal dislike.
“The decision of the trial judge to strike out the application for further evidence was taken contrary to her duty to be fair and candid, under Article 296 of the Constitution, and was an error on the face of the record,” the motion, which was handwritten, stated.
He further argued that the trial judge had predetermined the outcome of the application because she had her judgement in hand, while his application was still pending.
Tsikata was found guilty on three counts of wilfully causing financial loss of GH¢230,000 to the state and another count of misapplying public property and sentenced to five years’ imprisonment on each count to run concurrently.
Tsikata had gone to the court without his lawyer who, he said, was outside the jurisdiction on the day of his incarceration, and had sought to take a date for the hearing of a fresh motion on notice to take further evidence that he had filed at the court.
The motion sought an order granting leave for the defence to call further evidence in the case and, upon the evidence being heard, for counsel for the parties to be heard in respect of the legal effect of the further evidence adduced.
The former chief executive of the GNPC had a brush with the law when, in 2002, the state charged him with three counts of wilfully causing financial loss of GH¢230,000 to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying GH¢2,000 in public property.
Valley Farms contracted the loan from Caisse Francaise de Developement in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Tsikata pleaded not guilty to the charges and was granted a self-recognisance bail.
He has since appealed against his conviction, as well as petitioned the Chief Justice Chief Justice, alleging bias and unjudicial conduct against the judge.
To prosecute or not to prosecute - A-G DEMANDS SFO REPORT • Dr Paa Kwesi Nduom
June 26, 2008 (Lead Story)
THE Attorney-General’s (A-G’s) Department has asked the Serious Fraud Office (SFO) to furnish it with the report on allegations of fraud levelled against the presidential aspirant of the Convention People’s Party (CPP), Dr Paa Kwesi Nduom, to determine whether or not to effect prosecution.
The contents of that report have provided substance for heated political debates lately but the AG’s order is said to be in reaction to a petition from one Kwame Asa-Ofori, who described the report as containing matters of public interest and requested the department to act on it.
Reacting to concerns raised over the AG’s silence on the matter, a highly placed source at the department said it would be presumptuous to comment on such allegations when the department had not received the docket on the matter from the Serious Fraud Office (SFO).
The source also stated that it had not received any formal complaint from Dr Nduom, who was cited for conflict of interest and financial impropriety by the SFO in 1996.
According to the AG’s Department, the only request it had received on the issue was a letter from Mr Asa-Ofori, who requested it to act on the report because of the high public interest it had generated.
Dr Nduom himself had made allusions that people with the legal responsibility to speak on the SFO allegations against him were quiet, while others played a political game with it because the allegations were “dead”.
He maintained that the SFO report which implicated him for financial irregularities, among other things, had no merit.
Elaborating more on the role of the AG’s Department, with specific reference to Dr Nduom’s matter, the source said in an interview with the Daily Graphic that the SFO was mandated by law to conduct independent investigations into the activities of individuals and organisations.
It said Section 3 of the SFO Act 1993 (Act 466) stated that “the functions of the SFO are to investigate a suspected offence provided for by law which appears to the director, on reasonable grounds, to involve serious financial or economic loss to the Republic, a state organisation or any other institution of which the Republic has financial interest”.
The source stated, “The AG’s Department does not direct the SFO to conduct investigations. Contrary to public speculations, the SFO is independent as far as investigations are concerned.”
It said the duty of the AG’s Department was to advise on dockets forwarded to it by the SFO, adding, “We do not investigate. Our duty is to advise on dockets forwarded to us for prosecution or otherwise.”
“In this instance, I cannot tell whether or not the SFO forwarded the matter, which it investigated in 1996 or earlier, to the AG’s office for advice,” the source explained, and gave the assurance that it would act on the matter immediately the SFO sent the docket stating the facts on the matter to its office.
THE Attorney-General’s (A-G’s) Department has asked the Serious Fraud Office (SFO) to furnish it with the report on allegations of fraud levelled against the presidential aspirant of the Convention People’s Party (CPP), Dr Paa Kwesi Nduom, to determine whether or not to effect prosecution.
The contents of that report have provided substance for heated political debates lately but the AG’s order is said to be in reaction to a petition from one Kwame Asa-Ofori, who described the report as containing matters of public interest and requested the department to act on it.
Reacting to concerns raised over the AG’s silence on the matter, a highly placed source at the department said it would be presumptuous to comment on such allegations when the department had not received the docket on the matter from the Serious Fraud Office (SFO).
The source also stated that it had not received any formal complaint from Dr Nduom, who was cited for conflict of interest and financial impropriety by the SFO in 1996.
According to the AG’s Department, the only request it had received on the issue was a letter from Mr Asa-Ofori, who requested it to act on the report because of the high public interest it had generated.
Dr Nduom himself had made allusions that people with the legal responsibility to speak on the SFO allegations against him were quiet, while others played a political game with it because the allegations were “dead”.
He maintained that the SFO report which implicated him for financial irregularities, among other things, had no merit.
Elaborating more on the role of the AG’s Department, with specific reference to Dr Nduom’s matter, the source said in an interview with the Daily Graphic that the SFO was mandated by law to conduct independent investigations into the activities of individuals and organisations.
It said Section 3 of the SFO Act 1993 (Act 466) stated that “the functions of the SFO are to investigate a suspected offence provided for by law which appears to the director, on reasonable grounds, to involve serious financial or economic loss to the Republic, a state organisation or any other institution of which the Republic has financial interest”.
The source stated, “The AG’s Department does not direct the SFO to conduct investigations. Contrary to public speculations, the SFO is independent as far as investigations are concerned.”
It said the duty of the AG’s Department was to advise on dockets forwarded to it by the SFO, adding, “We do not investigate. Our duty is to advise on dockets forwarded to us for prosecution or otherwise.”
“In this instance, I cannot tell whether or not the SFO forwarded the matter, which it investigated in 1996 or earlier, to the AG’s office for advice,” the source explained, and gave the assurance that it would act on the matter immediately the SFO sent the docket stating the facts on the matter to its office.
Monday, June 23, 2008
Court dismisses Abodakpi's appeal
June 21, 2008 (Page 3 Lead)
THE Court of Appeal yesterday dismissed an appeal filed by a former Minister of Trade and Industry, Mr Dan Abodakpi, against his 10-year conviction for causing financial loss of $400,000 to the state.
In a 2-1 majority decision, the court upheld the lower court’s decision and ordered the appellant to refund the $400,000 which was paid to Dr Frederick Boadu for consultancy work back to the state.
Mr Justice S. C. Kanyoke and Mr Justice K. A. Acquaye held that Mr Abodakpi had caused financial loss to the state, but Mr Justice Yaw Appau disagreed, on the grounds that from the record of proceedings, the prosecution woefully failed to establish Mr Abodakpi’s guilt and for that matter his conviction was wrong.
He said the trial judge, Mr Justice S. T. Farkye, failed to consider Mr Abodakpi’s defence in accordance with the law and, worst of all, he failed to give reason for not believing Mr Abodakpi’s story, saying that amounted to “legal error”.
Counsel for Mr Abodakpi, Mr Tony Lithur, indicated after the court’s ruling that he would appeal against the decision at the Supreme Court.
Mr Abodakpi was pardoned by President J. A. Kufuor and was released from the Nsawam Prison on May 24, 2008 after serving 15 months of the sentence.
Arguing their case, Messrs Justice Kanyoke and Acquaye held that there was overwhelming evidence that Mr Abodakpi transferred the $400,000 to Dr Boadu in Texas, USA.
They said Mr Abodakpi was a full participant in the transfer of funds from government accounts to Dr Boadu, who was paid for feasibility studies he never conducted.
According to them, the trial judge was not obliged to give reasons for concluding that he (the trial judge) did not believe Mr Abodakpi’s story.
They further held that it was wrong for Mr Abodakpi to state that the trial judge completely failed to consider his defence, adding that the court was not duty bound to do that, especially when the prosecution had proved Mr Abodakpi’s guilt.
The court ruled that the evidence of the prosecution witnesses was enough to warrant Mr Abodakpi’s conviction.
The court also accused Mr Abodakpi of attempting to pass the bug to the late Victor Selormey who was standing trial with him (Mr Abodakpi) before his death.
According to the court, Mr Abodakpi’s conviction did not amount to a miscarriage of justice.
It further held that Mr Abodakpi and the late Mr Selormey, by their joint efforts, caused financial loss to the state, adding that Mr Abodakpi could not escape blame.
Disagreeing with his colleagues, Mr Justice Appau held that he had carefully studied the record of proceedings and it emerged that prosecution witnesses contradicted themselves in their evidence, thereby creating a doubt which should have gone in favour of Mr Abodakpi, as the law required.
He said the prosecution failed to lead evidence to prove that Mr Abodakpi and the late Mr Selormey conspired to cause financial loss to the state.
He said evidence led by the prosecution’s own witnesses rebutted its claim that no study was conducted to which payment should have been made.
According to Mr Justice Appau, from the record of proceedings and other available documents, Dr Boadu did some work which had to be paid for by the state.
Mr Justice Appau described the contract between the government and Dr Boadu as “perfect” and not “illegal” and further pointed out that the charges levelled against Mr Abodakpi failed miserably.
He further argued that the prosecution failed to prove that Mr Abodakpi had no mandate to enter into a contract with Dr Boadu, adding, “There was no evidence to prove that the sole sourcing of Dr Boadu was illegal.”
In any case, Mr Justice Appau questioned whether or not the Auditor-General and the National Security Co-ordinator at the time could also stand trial one day for sole sourcing Baffour Awuah and Associates to conduct an audit on the Trade and Investment Project (TIP), although the audit firm was not backed by the Constitution to conduct the audit.
He said the Auditor-General was brought in later to rectify the constitutional anomaly after Baffour Awuah and Associates had been contracted to conduct the audit.
“I find it difficult to understand why the court relied on the evidence of lay persons to convict the accused person, instead of relying on the prosecution’s own expert witnesses,” he said, in apparent reference to an expert who stated that there was no stipulated maximum fee to be paid to consultants.
He reminded judges that they had been appointed to uphold the law, as well as protect all people, irrespective of their colour, race, sex, political affiliation, religion, etc.
He appealed to judges to recognise the Constitution and act accordingly to ensure that justice prevailed at all times to the satisfaction of all.
He, accordingly, quashed the conviction against Mr Abodakpi.
Mr Abodakpi was said to have, between May and December 2000, acted, together with the late Selormey, who was also a former Deputy Minister of Finance and Economic Planning, Dr Boadu, a consultant, and other persons with a common purpose, to wilfully cause financial loss of $400,000 to the state through the TIP.
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project which was meant to enhance the export of non-traditional products.
They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the NDC administration when they co-chaired the TIP.
The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of wilfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted a self-recognisance bail.
THE Court of Appeal yesterday dismissed an appeal filed by a former Minister of Trade and Industry, Mr Dan Abodakpi, against his 10-year conviction for causing financial loss of $400,000 to the state.
In a 2-1 majority decision, the court upheld the lower court’s decision and ordered the appellant to refund the $400,000 which was paid to Dr Frederick Boadu for consultancy work back to the state.
Mr Justice S. C. Kanyoke and Mr Justice K. A. Acquaye held that Mr Abodakpi had caused financial loss to the state, but Mr Justice Yaw Appau disagreed, on the grounds that from the record of proceedings, the prosecution woefully failed to establish Mr Abodakpi’s guilt and for that matter his conviction was wrong.
He said the trial judge, Mr Justice S. T. Farkye, failed to consider Mr Abodakpi’s defence in accordance with the law and, worst of all, he failed to give reason for not believing Mr Abodakpi’s story, saying that amounted to “legal error”.
Counsel for Mr Abodakpi, Mr Tony Lithur, indicated after the court’s ruling that he would appeal against the decision at the Supreme Court.
Mr Abodakpi was pardoned by President J. A. Kufuor and was released from the Nsawam Prison on May 24, 2008 after serving 15 months of the sentence.
Arguing their case, Messrs Justice Kanyoke and Acquaye held that there was overwhelming evidence that Mr Abodakpi transferred the $400,000 to Dr Boadu in Texas, USA.
They said Mr Abodakpi was a full participant in the transfer of funds from government accounts to Dr Boadu, who was paid for feasibility studies he never conducted.
According to them, the trial judge was not obliged to give reasons for concluding that he (the trial judge) did not believe Mr Abodakpi’s story.
They further held that it was wrong for Mr Abodakpi to state that the trial judge completely failed to consider his defence, adding that the court was not duty bound to do that, especially when the prosecution had proved Mr Abodakpi’s guilt.
The court ruled that the evidence of the prosecution witnesses was enough to warrant Mr Abodakpi’s conviction.
The court also accused Mr Abodakpi of attempting to pass the bug to the late Victor Selormey who was standing trial with him (Mr Abodakpi) before his death.
According to the court, Mr Abodakpi’s conviction did not amount to a miscarriage of justice.
It further held that Mr Abodakpi and the late Mr Selormey, by their joint efforts, caused financial loss to the state, adding that Mr Abodakpi could not escape blame.
Disagreeing with his colleagues, Mr Justice Appau held that he had carefully studied the record of proceedings and it emerged that prosecution witnesses contradicted themselves in their evidence, thereby creating a doubt which should have gone in favour of Mr Abodakpi, as the law required.
He said the prosecution failed to lead evidence to prove that Mr Abodakpi and the late Mr Selormey conspired to cause financial loss to the state.
He said evidence led by the prosecution’s own witnesses rebutted its claim that no study was conducted to which payment should have been made.
According to Mr Justice Appau, from the record of proceedings and other available documents, Dr Boadu did some work which had to be paid for by the state.
Mr Justice Appau described the contract between the government and Dr Boadu as “perfect” and not “illegal” and further pointed out that the charges levelled against Mr Abodakpi failed miserably.
He further argued that the prosecution failed to prove that Mr Abodakpi had no mandate to enter into a contract with Dr Boadu, adding, “There was no evidence to prove that the sole sourcing of Dr Boadu was illegal.”
In any case, Mr Justice Appau questioned whether or not the Auditor-General and the National Security Co-ordinator at the time could also stand trial one day for sole sourcing Baffour Awuah and Associates to conduct an audit on the Trade and Investment Project (TIP), although the audit firm was not backed by the Constitution to conduct the audit.
He said the Auditor-General was brought in later to rectify the constitutional anomaly after Baffour Awuah and Associates had been contracted to conduct the audit.
“I find it difficult to understand why the court relied on the evidence of lay persons to convict the accused person, instead of relying on the prosecution’s own expert witnesses,” he said, in apparent reference to an expert who stated that there was no stipulated maximum fee to be paid to consultants.
He reminded judges that they had been appointed to uphold the law, as well as protect all people, irrespective of their colour, race, sex, political affiliation, religion, etc.
He appealed to judges to recognise the Constitution and act accordingly to ensure that justice prevailed at all times to the satisfaction of all.
He, accordingly, quashed the conviction against Mr Abodakpi.
Mr Abodakpi was said to have, between May and December 2000, acted, together with the late Selormey, who was also a former Deputy Minister of Finance and Economic Planning, Dr Boadu, a consultant, and other persons with a common purpose, to wilfully cause financial loss of $400,000 to the state through the TIP.
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project which was meant to enhance the export of non-traditional products.
They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the NDC administration when they co-chaired the TIP.
The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of wilfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted a self-recognisance bail.
Supreme Court directs 2 to file arguments
June 20, 2008 (Page 31)
THE Supreme Court has directed the Ghana Lotto Operators Association (GLOA) and the National Lottery Authority (NLA) to file their arguments on or before June 24, 2008 to enable it to determine disputes between the two parties.
The court has fixed June 27, 2008 for hearing of the legal action instituted against the NLA by the GLOA on the constitutionality or otherwise of the National Lotto Act, 2006 (Act 722) which gave the NLA the exclusive right to operate lotto.
The Chief Justice, Mrs Justice Georgina T. Wood, is the presiding judge with Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mrs Justice Sophia Adinyira and Mr Justice Julius Ansah as panel members.
According to the GLOA, the National Lotto Act, which outlawed the operations of lotto business by private lotto operators, infringes the constitutionally guaranteed right of the private lotto operators to free economic activity.
According to them, the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
They are, therefore, proposing the establishment of an independent licensing and regulatory commission to oversee the operations of lotto operators, including the Department of National Lotteries (DNL) which they claimed had doubled itself as the NLA.
However, counsel for the NLA insisted the law was constitutional and, therefore, did not infringe on the rights of the GLOA.
The NLA further argued that the Lotto Act did not monopolise its (NLA’s) operations.
It further maintained that the Act was not meant to put people out of business but to regulate the operations of lotto operators in the country.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA and six others to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
In the substantive matter, the plaintiffs — including Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Limited, Agrop Association Ltd, Star Lotto Ltd and From-Home Enterprises — filed the interlocutory injunction to restrain the defendant from “interfering with the property rights or lotto operating businesses of the plaintiffs pending the final determination of this matter”.
The matter was dealt with by a High Court in September, last year, which referred the parties to take the matter to the Supreme Court.
The GLOA sought a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
Consequent to the order, they want an order to set aside that directive and a further order to restrain the NLA from “unlawfully, unconstitutionally or unreasonably interfering with the property rights of the plaintiffs”.
THE Supreme Court has directed the Ghana Lotto Operators Association (GLOA) and the National Lottery Authority (NLA) to file their arguments on or before June 24, 2008 to enable it to determine disputes between the two parties.
The court has fixed June 27, 2008 for hearing of the legal action instituted against the NLA by the GLOA on the constitutionality or otherwise of the National Lotto Act, 2006 (Act 722) which gave the NLA the exclusive right to operate lotto.
The Chief Justice, Mrs Justice Georgina T. Wood, is the presiding judge with Mr Justice S. A. Brobbey, Dr Justice Date Bah, Mrs Justice Sophia Adinyira and Mr Justice Julius Ansah as panel members.
According to the GLOA, the National Lotto Act, which outlawed the operations of lotto business by private lotto operators, infringes the constitutionally guaranteed right of the private lotto operators to free economic activity.
According to them, the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
They are, therefore, proposing the establishment of an independent licensing and regulatory commission to oversee the operations of lotto operators, including the Department of National Lotteries (DNL) which they claimed had doubled itself as the NLA.
However, counsel for the NLA insisted the law was constitutional and, therefore, did not infringe on the rights of the GLOA.
The NLA further argued that the Lotto Act did not monopolise its (NLA’s) operations.
It further maintained that the Act was not meant to put people out of business but to regulate the operations of lotto operators in the country.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA and six others to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
In the substantive matter, the plaintiffs — including Obiri Asare and Sons Limited, Rambel Enterprise Limited, Dan Multi-Purpose Limited, Agrop Association Ltd, Star Lotto Ltd and From-Home Enterprises — filed the interlocutory injunction to restrain the defendant from “interfering with the property rights or lotto operating businesses of the plaintiffs pending the final determination of this matter”.
The matter was dealt with by a High Court in September, last year, which referred the parties to take the matter to the Supreme Court.
The GLOA sought a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
Consequent to the order, they want an order to set aside that directive and a further order to restrain the NLA from “unlawfully, unconstitutionally or unreasonably interfering with the property rights of the plaintiffs”.
Wednesday, June 18, 2008
Leaded Fuel Phased Out - Since 2004, says TOR
June 18, 2008 (Lead Story)
THE Tema Oil Refinery (TOR) has stated that it has, since 2004, phased out leaded petrol from its line of production.
It, therefore, dismissed claims that the refinery was currently serving leaded petrol to the public and urged the public to ignore oil marketing companies (OMCs) which maintained that they were serving only unleaded petrol to consumers.
In an interview with the Daily Graphic, the Public Affairs Manager of TOR, Mrs Aba Lokko, said the deregulation exercise in the petroleum sector gave the OMCs the right to purchase petroleum products from other countries.
She said it was, therefore, unfortunate that some OMCs had taken advantage of the exercise to peddle falsehood.
Mrs Lokko, who declined to specifically mention the OMCs, said the refinery was stating the facts publicly because the perception being created was that it was serving leaded fuel to consumers.
According to her, the perception was so widespread that the refinery had decided to embark on a massive public campaign to educate Ghanaians on the unleaded fuel programme.
She explained that the phasing out of lead began in 2003, saying it was completely phased out in January 2004 after the Petroleum (Amendment) Regulation, 2003 (LI 1732) had been passed.
The regulation, which came into force on January 1, 2004, prohibited the production and importation of leaded petrol.
Sub-section (1) of Section 4A of the regulation said, “A person shall not produce, import, store, sell or use leaded gasoline in Ghana”, while Sub-section 2 warned that “a person who contravenes sub-regulation (1) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both”.
Each penalty unit is GH¢12, thus a person found liable of importing or producing leaded petrol will pay a fine not exceeding GH¢3,000.
Explaining further, Mrs Lokko said that TOR formulated its unleaded petrol with a compound called methylcyclopentadienyl manganese tricarbonyl (MMT) as an octane booster.
"Extensive testing had been done on MMT by Afton Chemicals and other environmental organisations around the world and those organisations had all concluded that MMT did not pose any risks for humans," she explained.
She explained further that the Environmental Services and Quality Control departments of TOR monitored the concentration of manganese in air periodically and reported to the Environmental Protection Agency (EPA).
Mrs Lokko explained that the octane level in gasoline was 91 and gave the assurance that petroleum products from the refinery were of high quality.
Unleaded gasoline promotes high engine performance, thereby reducing high maintenance cost, among other attributes.
Other effects of lead poisoning, which is extremely toxic, even in lower concentrations, are loss of appetite, nausea, vomiting, stomach cramps, increased blood pressure, stroke, joint or muscle ache, impairment of mental development in children leading to behavioural disorders, neuro-development damage, leading to lower intelligence, as well as decreased sexual drive.
Other African countries which produce unleaded fuel are Nigeria, Cote d’Ivoire, Senegal, Cameroun, South Africa, Zambia, the Democratic Republic of Congo and Gabon, bringing the number of countries which produce unleaded fuel in Africa to 10.
THE Tema Oil Refinery (TOR) has stated that it has, since 2004, phased out leaded petrol from its line of production.
It, therefore, dismissed claims that the refinery was currently serving leaded petrol to the public and urged the public to ignore oil marketing companies (OMCs) which maintained that they were serving only unleaded petrol to consumers.
In an interview with the Daily Graphic, the Public Affairs Manager of TOR, Mrs Aba Lokko, said the deregulation exercise in the petroleum sector gave the OMCs the right to purchase petroleum products from other countries.
She said it was, therefore, unfortunate that some OMCs had taken advantage of the exercise to peddle falsehood.
Mrs Lokko, who declined to specifically mention the OMCs, said the refinery was stating the facts publicly because the perception being created was that it was serving leaded fuel to consumers.
According to her, the perception was so widespread that the refinery had decided to embark on a massive public campaign to educate Ghanaians on the unleaded fuel programme.
She explained that the phasing out of lead began in 2003, saying it was completely phased out in January 2004 after the Petroleum (Amendment) Regulation, 2003 (LI 1732) had been passed.
The regulation, which came into force on January 1, 2004, prohibited the production and importation of leaded petrol.
Sub-section (1) of Section 4A of the regulation said, “A person shall not produce, import, store, sell or use leaded gasoline in Ghana”, while Sub-section 2 warned that “a person who contravenes sub-regulation (1) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both”.
Each penalty unit is GH¢12, thus a person found liable of importing or producing leaded petrol will pay a fine not exceeding GH¢3,000.
Explaining further, Mrs Lokko said that TOR formulated its unleaded petrol with a compound called methylcyclopentadienyl manganese tricarbonyl (MMT) as an octane booster.
"Extensive testing had been done on MMT by Afton Chemicals and other environmental organisations around the world and those organisations had all concluded that MMT did not pose any risks for humans," she explained.
She explained further that the Environmental Services and Quality Control departments of TOR monitored the concentration of manganese in air periodically and reported to the Environmental Protection Agency (EPA).
Mrs Lokko explained that the octane level in gasoline was 91 and gave the assurance that petroleum products from the refinery were of high quality.
Unleaded gasoline promotes high engine performance, thereby reducing high maintenance cost, among other attributes.
Other effects of lead poisoning, which is extremely toxic, even in lower concentrations, are loss of appetite, nausea, vomiting, stomach cramps, increased blood pressure, stroke, joint or muscle ache, impairment of mental development in children leading to behavioural disorders, neuro-development damage, leading to lower intelligence, as well as decreased sexual drive.
Other African countries which produce unleaded fuel are Nigeria, Cote d’Ivoire, Senegal, Cameroun, South Africa, Zambia, the Democratic Republic of Congo and Gabon, bringing the number of countries which produce unleaded fuel in Africa to 10.
Aggrey closes case against Scancom
June 18, 2008 (Page 3 Lead)
MR Richmond Aggrey, a businessman who has sued Scancom Ghana Limited, operators of MTN, over a shareholding dispute, yesterday closed his case and prayed the Commercial Court in Accra to order the defendants to restore his name as the holder of 20 per cent shares in the company.
He also prayed the court to order Scancom to pay him his true dividends declared from the 2000 to 2005 financial years.
Mr Aggrey, who was led by his counsel, Mr Yonny Kulendi, in his evidence-in-chief, is also seeking the rectification of the membership of Scancom Ltd to include his name and restore him to his position as a shareholder and director of the company.
The businessman has joined Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, and Grandview Management to the suit over unlawful take-over of his 20 per cent shares in Scancom.
According to Mr Aggrey, he was forced to pull out of the company because of former President Rawlings’s interference and threats which had the potential of collapsing the company.
Mr Aggrey, who was then the Vice-Chairman of Scancom, said following the continuous threats, he was advised by the other shareholders to pull out and instead nominate someone to represent him.
He said following those developments, he nominated his cousin, Mr Chris Wilmot, to hold his shares because his continued stay in the company at the time was seen as a risk to its growth.
He said he and other minority shareholders were deceived, adding, “I left to help the company to survive persecution. What we started in order to sustain our common interest is now being used to take away my shares.”
Mr Aggrey accused Investcom of unilaterally increasing its shares, to his detriment, and that of other minor shareholders.
He denied assertions by Scancom that he transferred the 20 per cent shares to Grandview out of his own free will, adding that he left to save the company and not to sacrifice his shares.
He further denied a claim by Scancom that he was paid by Grandview after the transfer of the shares.
The defence is expected to cross-examine Mr Aggrey at the court’s sitting today.
The Commercial Court is also expected to give its ruling on an application filed by Investcom praying the court to determine whether or not the suit filed by Mr Aggrey could be determined through arbitration in London.
According to Investcom, by virtue of the shareholders’ agreement dated January 12, 1996, subsequently amended in June, 1996, Investcom and Mr Aggrey agreed that the right forum for the resolution of any dispute arising from or in connection with the shareholders’ agreement was in London.
Investcom had earlier filed an application praying the court to stay proceedings on the case to enable parties in the matter to go for arbitration in London but the court dismissed it on the grounds that it was misplaced.
Mr Aggrey began giving evidence on April 28, 2008, following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview Management Limited when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa.
The deal has, however, been concluded, following the transfer of all shares in Scancom to MTN.
That was after a High Court order on July 14, 2006 which restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN, without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".
The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.
Mr Aggrey's contention was that his name had been removed from the shareholders’ list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006, and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.
MR Richmond Aggrey, a businessman who has sued Scancom Ghana Limited, operators of MTN, over a shareholding dispute, yesterday closed his case and prayed the Commercial Court in Accra to order the defendants to restore his name as the holder of 20 per cent shares in the company.
He also prayed the court to order Scancom to pay him his true dividends declared from the 2000 to 2005 financial years.
Mr Aggrey, who was led by his counsel, Mr Yonny Kulendi, in his evidence-in-chief, is also seeking the rectification of the membership of Scancom Ltd to include his name and restore him to his position as a shareholder and director of the company.
The businessman has joined Investment Consortium Holdings, SA (Investcom), the majority shareholders of MTN, and Grandview Management to the suit over unlawful take-over of his 20 per cent shares in Scancom.
According to Mr Aggrey, he was forced to pull out of the company because of former President Rawlings’s interference and threats which had the potential of collapsing the company.
Mr Aggrey, who was then the Vice-Chairman of Scancom, said following the continuous threats, he was advised by the other shareholders to pull out and instead nominate someone to represent him.
He said following those developments, he nominated his cousin, Mr Chris Wilmot, to hold his shares because his continued stay in the company at the time was seen as a risk to its growth.
He said he and other minority shareholders were deceived, adding, “I left to help the company to survive persecution. What we started in order to sustain our common interest is now being used to take away my shares.”
Mr Aggrey accused Investcom of unilaterally increasing its shares, to his detriment, and that of other minor shareholders.
He denied assertions by Scancom that he transferred the 20 per cent shares to Grandview out of his own free will, adding that he left to save the company and not to sacrifice his shares.
He further denied a claim by Scancom that he was paid by Grandview after the transfer of the shares.
The defence is expected to cross-examine Mr Aggrey at the court’s sitting today.
The Commercial Court is also expected to give its ruling on an application filed by Investcom praying the court to determine whether or not the suit filed by Mr Aggrey could be determined through arbitration in London.
According to Investcom, by virtue of the shareholders’ agreement dated January 12, 1996, subsequently amended in June, 1996, Investcom and Mr Aggrey agreed that the right forum for the resolution of any dispute arising from or in connection with the shareholders’ agreement was in London.
Investcom had earlier filed an application praying the court to stay proceedings on the case to enable parties in the matter to go for arbitration in London but the court dismissed it on the grounds that it was misplaced.
Mr Aggrey began giving evidence on April 28, 2008, following the non-attainment of a settlement between him and the three defendants at a pre-trial conference under commercial court rules, resulting in the matter being referred for trial.
The plaintiff sued Investcom, the majority shareholder in Scancom, and Grandview Management Limited when Scancom decided to engage in a merger deal with MTN Incorporated of South Africa.
The deal has, however, been concluded, following the transfer of all shares in Scancom to MTN.
That was after a High Court order on July 14, 2006 which restrained Scancom and other respondents from "continuing, progressing and or concluding the merger with and/or acquisition of Investment Consortium Holdings by MTN, without taking into account and/or providing for the plaintiff's 20 per cent shares in Scancom Limited".
The closure of the acquisition, according to Mr Aggrey, would occasion the loss of his shareholding in the company by reason of the accrual of the rights of the MTN Group as a third party.
Mr Aggrey's contention was that his name had been removed from the shareholders’ list of Scancom without any explanation, adding that the particulars of the directors and shareholders of Scancom obtained from the Registrar General's Department, dated June 2, 2006, and signed by Mr K.A. Ohene-Obeng, a Chief State Attorney, for the Registrar of Companies, showed that Mr Aggrey's name was not included in the shareholders’ list.
It said the onus was on the company to explain how Mr Aggrey ceased to be a shareholder.
Tuesday, June 17, 2008
Man sentenced for incest
June 7, 2008 (UNPUBLISHED)
A 45-year-old security officer, Laud Ford Mensah, was yesterday sentenced to 20 years’ imprisonment with hard labour by the Accra Circuit Court for impregnating his 16-year-old daughter.
The convict was said to have sexually assaulted his daughter several times, leading to her being pregnant and throughout her pregnancy until a year ago.
Mensah pleaded guilty to one count of incest and attributed his actions to the work of the devil.
However, the court, presided over by Mrs Georgina Mensah-Datsa, took a serious view of the convict’s conduct and passed the sentence, which, she said, would serve as a deterrent to others.
According to the prosecution, Mensah, a security officer, lived at Agbogba, a suburb of Accra, with his five daughters. His victim happened to be the oldest daughter.
It said Mensah, a divorcee for the past eight years, confined his daughter, sexually assaulted her and did not allow her to communicate with anyone.
The prosecution pointed out that Mensah named the baby when it was born without the knowledge of his family members and after sometime began making advances towards his daughter.
His daughter, who had had enough of her father’s acts, refused to give in and consequently reported Mensah’s behaviour to the Madina Police.
The prosecution stated that the victim informed the police that her father threatened to kill her, if she dared refuse his demands and out of fear, she gave in.
According to the prosecution, Mensah was arrested on Friday, June 6, 2008 and during police interrogation, he admitted committing the offence .
A 45-year-old security officer, Laud Ford Mensah, was yesterday sentenced to 20 years’ imprisonment with hard labour by the Accra Circuit Court for impregnating his 16-year-old daughter.
The convict was said to have sexually assaulted his daughter several times, leading to her being pregnant and throughout her pregnancy until a year ago.
Mensah pleaded guilty to one count of incest and attributed his actions to the work of the devil.
However, the court, presided over by Mrs Georgina Mensah-Datsa, took a serious view of the convict’s conduct and passed the sentence, which, she said, would serve as a deterrent to others.
According to the prosecution, Mensah, a security officer, lived at Agbogba, a suburb of Accra, with his five daughters. His victim happened to be the oldest daughter.
It said Mensah, a divorcee for the past eight years, confined his daughter, sexually assaulted her and did not allow her to communicate with anyone.
The prosecution pointed out that Mensah named the baby when it was born without the knowledge of his family members and after sometime began making advances towards his daughter.
His daughter, who had had enough of her father’s acts, refused to give in and consequently reported Mensah’s behaviour to the Madina Police.
The prosecution stated that the victim informed the police that her father threatened to kill her, if she dared refuse his demands and out of fear, she gave in.
According to the prosecution, Mensah was arrested on Friday, June 6, 2008 and during police interrogation, he admitted committing the offence .
BOST to build storage tanks for aviation fuel
June 16, 2008 (Page 47)
THE Bulk Oil Storage and Transportation Company Limited (BOST) will early next year begin construction of two storage tanks for the storage of aviation fuel to curb the perennial shortage of the product.
The tanks would have the capacity to store aviation fuel which would be enough to cater for demands for eight weeks in case there was a shortage of the product.
Each tank has the capacity to store 10,000 cubic metres of aviation fuel as a strategic reserve.
The Managing Director (MD) of the BOST, Mr J.O.K. Addo-Yobo, told the Daily Graphic in an interview that BOST was expecting a loan facility from the US Exim Bank by the close of the year, adding that the receipt of the facility would pave the way for the construction of the storage tanks.
Mr Addo-Yobo stated that the smooth operations of the aviation industry was important for national development and, for that matter, the BOST would treat construction of the storage tanks with utmost priority.
In addition to that, Mr Addo-Yobo disclosed that a pipeline would be constructed from the Tema Port through the Tema Oil Refinery to the Kotoka International Airport to discharge aviation fuel from the refinery as well as discharge imported products.
According to the MD, construction works on the storage facilities would be completed between 18 and 24 months.
Touching on strategic national reserve for fuel products for the country, Mr Addo-Yobo said the country had a current reserve for petrol and diesel for a period of four weeks.
He said construction of additional storage tanks was almost completed to cater for two weeks additional storage capacity of national reserve for petrol and diesel.
Mr Addo-Yobo gave the assurance that construction works on the storage tanks would be completed by the end of this year.
He gave the assurance that BOST would discharge its duties diligently to ensure that fuel products were always and readily available for the market.
THE Bulk Oil Storage and Transportation Company Limited (BOST) will early next year begin construction of two storage tanks for the storage of aviation fuel to curb the perennial shortage of the product.
The tanks would have the capacity to store aviation fuel which would be enough to cater for demands for eight weeks in case there was a shortage of the product.
Each tank has the capacity to store 10,000 cubic metres of aviation fuel as a strategic reserve.
The Managing Director (MD) of the BOST, Mr J.O.K. Addo-Yobo, told the Daily Graphic in an interview that BOST was expecting a loan facility from the US Exim Bank by the close of the year, adding that the receipt of the facility would pave the way for the construction of the storage tanks.
Mr Addo-Yobo stated that the smooth operations of the aviation industry was important for national development and, for that matter, the BOST would treat construction of the storage tanks with utmost priority.
In addition to that, Mr Addo-Yobo disclosed that a pipeline would be constructed from the Tema Port through the Tema Oil Refinery to the Kotoka International Airport to discharge aviation fuel from the refinery as well as discharge imported products.
According to the MD, construction works on the storage facilities would be completed between 18 and 24 months.
Touching on strategic national reserve for fuel products for the country, Mr Addo-Yobo said the country had a current reserve for petrol and diesel for a period of four weeks.
He said construction of additional storage tanks was almost completed to cater for two weeks additional storage capacity of national reserve for petrol and diesel.
Mr Addo-Yobo gave the assurance that construction works on the storage tanks would be completed by the end of this year.
He gave the assurance that BOST would discharge its duties diligently to ensure that fuel products were always and readily available for the market.
Wednesday, June 11, 2008
District Common Fund to support sanitation activities
THE District Assemblies Common Fund (DACF) has released GH¢70.2 million to support sanitation activities under the National Youth Employment Programme (NYEP) this year.
The NYEP is working in conjunction with Zoomlion and the money is expected to be paid to those employed under the NYEP.
The Administrator of the DACF, Mr Joshua Magnus Nicol, told the Daily Graphic in an interview that 170 districts would benefit from the amount.
According to Mr Nicol, the money was what would have been paid into the Poverty Alleviation Fund (PAF) but the persistent non-payment of moneys loaned to beneficiaries led to the scrapping of the fund.
Consequently, the money had since last year been channelled to support activities under the NYEP.
Touching on the Members of Parliament (MPs) Common Fund, the administrator said GH¢3.3 million had been released to the 230 MPs in the country for execution of their constituency projects for the first quarter of this year.
He further explained that GH¢4,827 was directly released to each MP in the first quarter to enable them to monitor and evaluate their projects.
Mr Nicol explained that moneys for evaluation and monitoring purposes were released to the MPs through the district assemblies but the mode of disbursement changed following differences which usually arose between MPs and district chief executives (DCEs) over the release of funds.
According to him, his outfit received numerous complaints from some MPs on the alleged deliberate delays by some DCEs to release those moneys.
“To avert conflicts between MPs and DCEs, government has decided to directly release those moneys to the MPs,” Mr Nicol pointed out.
He also disclosed that GH¢47.1 million was released to all the 170 metropolitan, municipal and district assemblies for the first quarter of this year for development projects.
Touching on the Regional Co-ordinating Councils (RCCs), he said they were given GH¢832,000 for monitoring and supervision of projects in the 170 districts.
Mr Nicol added that persons living with disabilities also benefited from a GH¢381,000 package for the first quarter of this year to support their programmes and activities.
The NYEP is working in conjunction with Zoomlion and the money is expected to be paid to those employed under the NYEP.
The Administrator of the DACF, Mr Joshua Magnus Nicol, told the Daily Graphic in an interview that 170 districts would benefit from the amount.
According to Mr Nicol, the money was what would have been paid into the Poverty Alleviation Fund (PAF) but the persistent non-payment of moneys loaned to beneficiaries led to the scrapping of the fund.
Consequently, the money had since last year been channelled to support activities under the NYEP.
Touching on the Members of Parliament (MPs) Common Fund, the administrator said GH¢3.3 million had been released to the 230 MPs in the country for execution of their constituency projects for the first quarter of this year.
He further explained that GH¢4,827 was directly released to each MP in the first quarter to enable them to monitor and evaluate their projects.
Mr Nicol explained that moneys for evaluation and monitoring purposes were released to the MPs through the district assemblies but the mode of disbursement changed following differences which usually arose between MPs and district chief executives (DCEs) over the release of funds.
According to him, his outfit received numerous complaints from some MPs on the alleged deliberate delays by some DCEs to release those moneys.
“To avert conflicts between MPs and DCEs, government has decided to directly release those moneys to the MPs,” Mr Nicol pointed out.
He also disclosed that GH¢47.1 million was released to all the 170 metropolitan, municipal and district assemblies for the first quarter of this year for development projects.
Touching on the Regional Co-ordinating Councils (RCCs), he said they were given GH¢832,000 for monitoring and supervision of projects in the 170 districts.
Mr Nicol added that persons living with disabilities also benefited from a GH¢381,000 package for the first quarter of this year to support their programmes and activities.
Kosmos to instal sub-sea facility for oil production
June 11, 2008 (Front Page)
Following the successful test run on its oil fields over the weekend, Kosmos Energy Ghana Limited will soon design and instal a sub-sea facility which will be connected to a floating production, storage and offloading (FPSO) vessel to pump oil out for production.
Kosmos has already received bids from four companies, namely, SBM, MODEC, SAIPEM and BW Offshore, which have expressed interest in building the FPSO, while Acergy, SAIPEM, Technip and Subsea 7 have also expressed interest in building sub-sea works.
According to a statement signed by representatives of the partners of Cosmos, namely, Tullow Oil Plc, Anadarko Petroleum Corporation and Sabre Oil and Gas, and issued by Kosmos from its headquarters in Texas, USA, contracts were likely to be awarded by the end of tjavascript:void(0)his month.
The other partners of Kosmos are E.O. Group, Ghana and the Ghana National Petroleum Corporation (GNPC).
The statement said upon completion of the testing phase, Kosmos planned to acquire oil samples to conduct comprehensive refinery trials to ascertain the characteristics of the crude oil and its value on the global market.
It said the company was expected to complete the Mahogany-2 Well where the tests were being conducted and later suspend it as a potential development well.
The statement said Kosmos was led by a seasoned management and technical team with extensive international and West Africa experience which had a proven record of finding and developing significant oil reserves.
“With the backing of international private equity investors, Warburg Pincus and Blackstone Capital Partners, the company possesses a significant financial and operational capability to generate and participate in multiple high-impact upstream projects,” it said.
Kosmos also announced that “the company's deep water Mahogany-2 appraisal well in the Jubilee Field offshore west Cape Three points Block tested at a flow rate of 5,200 barrels of oil per day (bopd) of 36-degree API gravity crude oil and approximately 5.5 million cubic feet per day of associated natural gas on a 40/64-inch choke with a flowing tubing pressure of 1,543 pounds per square inch”.
It estimated that the Jubilee Field reservoirs were highly productive, which validated the company's fast-track appraisal and field development programme.
"The findings of this drillstem test go one giant step further to endorse the upside potential of the Jubilee Field by confirming that this reservoir is extremely productive, thereby allowing us to develop the field on an aggressive timetable and as economically as possible,” the statement quoted the Chief Operating Officer of Kosmos, Mr Brian F. Maxted, as saying.
The statement gave the assurance that the company and its partners were moving ahead prudently but expeditiously in order to make progress for early production.
Kosmos Energy, which announced the oil find in June 2007, and its partners will need to invest about $5 billion to fully develop the fields to pave the way for the production of oil.
Due to the cost involved in drilling and the time frame needed for the acquisition of equipment, Kosmos and its partners will develop the discovered fields in phases.
Following the successful test run on its oil fields over the weekend, Kosmos Energy Ghana Limited will soon design and instal a sub-sea facility which will be connected to a floating production, storage and offloading (FPSO) vessel to pump oil out for production.
Kosmos has already received bids from four companies, namely, SBM, MODEC, SAIPEM and BW Offshore, which have expressed interest in building the FPSO, while Acergy, SAIPEM, Technip and Subsea 7 have also expressed interest in building sub-sea works.
According to a statement signed by representatives of the partners of Cosmos, namely, Tullow Oil Plc, Anadarko Petroleum Corporation and Sabre Oil and Gas, and issued by Kosmos from its headquarters in Texas, USA, contracts were likely to be awarded by the end of tjavascript:void(0)his month.
The other partners of Kosmos are E.O. Group, Ghana and the Ghana National Petroleum Corporation (GNPC).
The statement said upon completion of the testing phase, Kosmos planned to acquire oil samples to conduct comprehensive refinery trials to ascertain the characteristics of the crude oil and its value on the global market.
It said the company was expected to complete the Mahogany-2 Well where the tests were being conducted and later suspend it as a potential development well.
The statement said Kosmos was led by a seasoned management and technical team with extensive international and West Africa experience which had a proven record of finding and developing significant oil reserves.
“With the backing of international private equity investors, Warburg Pincus and Blackstone Capital Partners, the company possesses a significant financial and operational capability to generate and participate in multiple high-impact upstream projects,” it said.
Kosmos also announced that “the company's deep water Mahogany-2 appraisal well in the Jubilee Field offshore west Cape Three points Block tested at a flow rate of 5,200 barrels of oil per day (bopd) of 36-degree API gravity crude oil and approximately 5.5 million cubic feet per day of associated natural gas on a 40/64-inch choke with a flowing tubing pressure of 1,543 pounds per square inch”.
It estimated that the Jubilee Field reservoirs were highly productive, which validated the company's fast-track appraisal and field development programme.
"The findings of this drillstem test go one giant step further to endorse the upside potential of the Jubilee Field by confirming that this reservoir is extremely productive, thereby allowing us to develop the field on an aggressive timetable and as economically as possible,” the statement quoted the Chief Operating Officer of Kosmos, Mr Brian F. Maxted, as saying.
The statement gave the assurance that the company and its partners were moving ahead prudently but expeditiously in order to make progress for early production.
Kosmos Energy, which announced the oil find in June 2007, and its partners will need to invest about $5 billion to fully develop the fields to pave the way for the production of oil.
Due to the cost involved in drilling and the time frame needed for the acquisition of equipment, Kosmos and its partners will develop the discovered fields in phases.
41 Firms apply for oil exploration
June 10, 2008 (Front Page)
THE Ghana National Petroleum Corporation (GNPC) says it has been inundated with applications from foreign companies expressing interest to invest in oil exploration between January 2007 and June 2008.
A total of 41 firms have so far applied with 20 companies doing so last year, while 21 applied for blocks to prospect for oil as of June 2008. Four companies applied for blocks in the Saltpond, Tano Basin and Accra-Keta basins in 2006.
The Managing Director of the GNPC, Mr Moses Oduro Boateng, told the Daily Graphic that the GNPC, in the past, received a maximum of four applications in a year but the trend changed immediately Kosmos Energy discovered oil at Cape Three Points in June 2007.
The application from Oranto, which was one of the 41 companies which applied for blocks at Saltpond, is currently before Parliament awaiting approval.
Mr Boateng explained that although as many as 45 companies had put in applications to explore for oil, majority of them did not have the financial and technical capabilities which were the major criteria to be met before approval would be given.
According to him, six other companies had so far been assessed and found to have both financial and technical capabilities.
The companies are Yep-Dawant, Afren-Celtique, Sahara Energy Field Limited, Tap Oil, South Atlantic Natural Resources and Addax Petroleum.
Mr Boateng explained that each of those companies was expected to invest not less than $100 million in its operations.
He described the rate at which companies had expressed interest in exploration activities as encouraging, noting, however, that “our worry is that the major companies have not shown interest. Why it is so, we do not know”.
Mr Boateng said he believed the major oil companies were either adopting a “wait-and-see attitude or strategising to buy out companies which make discoveries”.
Which ever way the trend might be, he urged the big companies in the oil sector to invest in the country’s exploration activities.
“We do not want to make the mistake of allotting blocks to companies which want to come in for speculation purposes. That is why we are treading cautiously,” he explained.
Kosmos Energy Ghana Limited and its partners will need about $5 billion to fully develop the fields to pave the way for the production of oil.
As a result of the cost involved in drilling and the time frame needed for the acquisition of equipment, Kosmos Energy and its partners will develop the discovered oil fields in phases.
The company’s partners are Tullow Oil, UK; Anadarko Petroleum Corporation, Texas; Sabre Oil, UK; E.O. Group, Ghana and the GNPC.
Testing the oil discovered was done over the weekend to enable the experts to confirm the grade of the discovery on the deep sea off the coast of Cape Three Points in the Western Region.
THE Ghana National Petroleum Corporation (GNPC) says it has been inundated with applications from foreign companies expressing interest to invest in oil exploration between January 2007 and June 2008.
A total of 41 firms have so far applied with 20 companies doing so last year, while 21 applied for blocks to prospect for oil as of June 2008. Four companies applied for blocks in the Saltpond, Tano Basin and Accra-Keta basins in 2006.
The Managing Director of the GNPC, Mr Moses Oduro Boateng, told the Daily Graphic that the GNPC, in the past, received a maximum of four applications in a year but the trend changed immediately Kosmos Energy discovered oil at Cape Three Points in June 2007.
The application from Oranto, which was one of the 41 companies which applied for blocks at Saltpond, is currently before Parliament awaiting approval.
Mr Boateng explained that although as many as 45 companies had put in applications to explore for oil, majority of them did not have the financial and technical capabilities which were the major criteria to be met before approval would be given.
According to him, six other companies had so far been assessed and found to have both financial and technical capabilities.
The companies are Yep-Dawant, Afren-Celtique, Sahara Energy Field Limited, Tap Oil, South Atlantic Natural Resources and Addax Petroleum.
Mr Boateng explained that each of those companies was expected to invest not less than $100 million in its operations.
He described the rate at which companies had expressed interest in exploration activities as encouraging, noting, however, that “our worry is that the major companies have not shown interest. Why it is so, we do not know”.
Mr Boateng said he believed the major oil companies were either adopting a “wait-and-see attitude or strategising to buy out companies which make discoveries”.
Which ever way the trend might be, he urged the big companies in the oil sector to invest in the country’s exploration activities.
“We do not want to make the mistake of allotting blocks to companies which want to come in for speculation purposes. That is why we are treading cautiously,” he explained.
Kosmos Energy Ghana Limited and its partners will need about $5 billion to fully develop the fields to pave the way for the production of oil.
As a result of the cost involved in drilling and the time frame needed for the acquisition of equipment, Kosmos Energy and its partners will develop the discovered oil fields in phases.
The company’s partners are Tullow Oil, UK; Anadarko Petroleum Corporation, Texas; Sabre Oil, UK; E.O. Group, Ghana and the GNPC.
Testing the oil discovered was done over the weekend to enable the experts to confirm the grade of the discovery on the deep sea off the coast of Cape Three Points in the Western Region.
Ignore directives from NLA
June 6, 2008 (Page 34)
THE Ghana Lotto Operators Association (GLOA) has urged private lotto operators and publishers of lotto numbers to ignore a directive from the National Lottery Authority (NLA) aimed at barring them from publishing lotto results.
According to the association, it was illegal for the NLA to direct lotto publishers, through media publications, to desist from publishing drawn lotto numbers because the NLA had been restrained by the High Court from interfering with the operations of the GLOA until the Supreme Court decided on a legal action instituted against the NLA by the association.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA and six others to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
The Supreme Court is yet to fix a date for the hearing of the matter.
Reacting to newspaper publications by the NLA which had asked publishers not to publish numbers drawn by the GLOA, the Secretary of the association, Mr Seth Amoaning, accused the NLA of cajoling suppliers of GLOA, lotto publishers, among other clients.
“The subterfuge being adopted by the NLA to achieve its unconstitutional ambition to collapse the lotto business when the Supreme Court is yet to determine the case is most unfortunate and unacceptable under the present constitutional dispensation,” Mr Amoaning stated on behalf of the association.
He said “the subterfuge by the NLA is most unfortunate, given the fact that the dispute between us is pending and a restraint is in place”.
Mr Amoaning further stated that the GLOA employed a large number of Ghanaians, as well as provided revenue for the government, and for that matter it would use all legal means to contest the NLA’s interference in its business.
In the substantive matter, the plaintiffs — including Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Ltd, Star Lotto Ltd and From-Home Enterprises — filed the interlocutory injunction to restrain the defendant from “interfering with the property rights or lotto operating businesses of the plaintiffs pending the final determination of this matter”.
The matter was dealt with by a High Court in September last year, which referred the parties to take the matter to the Supreme Court.
The plaintiffs sought a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
Consequent to the order, they want an order to set aside that directive and a further order to restrain the NLA from “unlawfully, unconstitutionally or unreasonably interfering with the property rights of the plaintiffs”.
The plaintiffs maintain that the National Lotto Act, 2006 (Act 722), which outlawed the operations of lotto business by private lotto operators, infringes the constitutionally guaranteed right of the private lotto operators to free economic activity.
According to them, the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
The plaintiffs, in their statement of claim, said they had been in the private lotto operating business since 1989 and currently had a large number of employees and independent agents who conducted business for them or assisted them in the operation of their lotto business.
According to them, the NLA, in July 2007, advertised its establishment in the media and said it was the only body that was mandated under the act to operate lotto business in the country.
The plaintiffs contended that they had their own marketing agents and could not be easily relegated to the position of lotto marketing agents.
The advertisement, they claimed, also directed all persons who, before Act 722 came into force, had their own machines or equipment for lottery business to surrender such equipment to the Director-General of the NLA before August 14.
“The machines or equipment in question are our own property acquired with our own resources. We do not only have assets but also liabilities that cannot be severed from the assets,” they contended.
To them, the NLA did not negotiate with them, as stipulated by Act 722, regarding the machines or equipment.
The plaintiffs said they could neither be compelled to surrender their property to the NLA, nor could the defendant compulsorily acquire their property without prior agreement as to compensation and other consequence.
THE Ghana Lotto Operators Association (GLOA) has urged private lotto operators and publishers of lotto numbers to ignore a directive from the National Lottery Authority (NLA) aimed at barring them from publishing lotto results.
According to the association, it was illegal for the NLA to direct lotto publishers, through media publications, to desist from publishing drawn lotto numbers because the NLA had been restrained by the High Court from interfering with the operations of the GLOA until the Supreme Court decided on a legal action instituted against the NLA by the association.
The Accra High Court, on March 14, 2008, granted an interlocutory injunction filed by the GLOA and six others to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned.
According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.
The Supreme Court is yet to fix a date for the hearing of the matter.
Reacting to newspaper publications by the NLA which had asked publishers not to publish numbers drawn by the GLOA, the Secretary of the association, Mr Seth Amoaning, accused the NLA of cajoling suppliers of GLOA, lotto publishers, among other clients.
“The subterfuge being adopted by the NLA to achieve its unconstitutional ambition to collapse the lotto business when the Supreme Court is yet to determine the case is most unfortunate and unacceptable under the present constitutional dispensation,” Mr Amoaning stated on behalf of the association.
He said “the subterfuge by the NLA is most unfortunate, given the fact that the dispute between us is pending and a restraint is in place”.
Mr Amoaning further stated that the GLOA employed a large number of Ghanaians, as well as provided revenue for the government, and for that matter it would use all legal means to contest the NLA’s interference in its business.
In the substantive matter, the plaintiffs — including Obiri Asare and Sons Limited, Rambel Enterprise Limited, Agrop Association Ltd, Star Lotto Ltd and From-Home Enterprises — filed the interlocutory injunction to restrain the defendant from “interfering with the property rights or lotto operating businesses of the plaintiffs pending the final determination of this matter”.
The matter was dealt with by a High Court in September last year, which referred the parties to take the matter to the Supreme Court.
The plaintiffs sought a declaration that the directive from the NLA to private lotto operators to surrender machines or equipment used for the operation of lottery to the director-general by August 14, 2007 was unconstitutional, illegal and unreasonable.
Consequent to the order, they want an order to set aside that directive and a further order to restrain the NLA from “unlawfully, unconstitutionally or unreasonably interfering with the property rights of the plaintiffs”.
The plaintiffs maintain that the National Lotto Act, 2006 (Act 722), which outlawed the operations of lotto business by private lotto operators, infringes the constitutionally guaranteed right of the private lotto operators to free economic activity.
According to them, the creation of the NLA to take over and monopolise the operation of the lotto business in Ghana infringed the constitutional injunction to the government to ensure a pronounced role for the private sector in the economy.
The plaintiffs, in their statement of claim, said they had been in the private lotto operating business since 1989 and currently had a large number of employees and independent agents who conducted business for them or assisted them in the operation of their lotto business.
According to them, the NLA, in July 2007, advertised its establishment in the media and said it was the only body that was mandated under the act to operate lotto business in the country.
The plaintiffs contended that they had their own marketing agents and could not be easily relegated to the position of lotto marketing agents.
The advertisement, they claimed, also directed all persons who, before Act 722 came into force, had their own machines or equipment for lottery business to surrender such equipment to the Director-General of the NLA before August 14.
“The machines or equipment in question are our own property acquired with our own resources. We do not only have assets but also liabilities that cannot be severed from the assets,” they contended.
To them, the NLA did not negotiate with them, as stipulated by Act 722, regarding the machines or equipment.
The plaintiffs said they could neither be compelled to surrender their property to the NLA, nor could the defendant compulsorily acquire their property without prior agreement as to compensation and other consequence.
GH¢180,000 cocaine destroyed
JUne 5, 2008 (Page 40)
FIFTY-NINE kilogrammes of cocaine with a street value of GH¢180,000 was destroyed yesterday on the orders of the Greater Accra Regional Tribunal.
The drugs were found by officials of the Narcotics Control Board (NACOB) at the duty free shop of the Kotoka International Airport through the assistance of the Aviation Security on March 14, 2007.
The burning of the drugs was witnessed by court officials, the prosecution, officials of the NACOB, among others, at an open space near the Greater Accra Regional Tribunal premises in Accra yesterday.
Kwame Owusu Yelbert is standing trial at the Greater Accra Regional Tribunal in connection with the narcotics.
He has been charged with two counts of conspiracy and abetment of crime and would reappear before the court on June 17, 2008.
Three others — Daniel Sandja Nimako, Emmanuel Boakye and Felix Edusei — who were also charged with possession of narcotics without authority, are on the run.
The facts of the case were that on March 14, 2008 officials of NACOB had information from the Aviation Security that some people were hiding narcotic drugs within the airport premises.
According to the prosecution, a search was conducted within the airport and two polythene bags containing whitish powdered substances suspected to be cocaine were found at the duty free shop.
Investigations revealed that Edusei, who was then the driver of a duty vehicle on the night of March 13, 2007, was spotted removing a bag popularly known as ‘Ghana Must Go’ from the duty vehicle with the assistance of Nimako, Boakye and Yelbert.
The Commander of the Aviation Security went to the CCTV room to view the recording of March 13, 2008 and it was in the recording that Yelbert was spotted standing at the entrance of the arrival hall while Nimako and Boakye were also captured carrying the said bags through the arrival hall to the entrance of the transit shop, which was also part of the duty free shop.
Yelbert was subsequently arrested but his accomplices bolted and have since not been seen.
Officials of the Ghana Standards Board (GSB) run tests on the substances, which tested positive for cocaine.
FIFTY-NINE kilogrammes of cocaine with a street value of GH¢180,000 was destroyed yesterday on the orders of the Greater Accra Regional Tribunal.
The drugs were found by officials of the Narcotics Control Board (NACOB) at the duty free shop of the Kotoka International Airport through the assistance of the Aviation Security on March 14, 2007.
The burning of the drugs was witnessed by court officials, the prosecution, officials of the NACOB, among others, at an open space near the Greater Accra Regional Tribunal premises in Accra yesterday.
Kwame Owusu Yelbert is standing trial at the Greater Accra Regional Tribunal in connection with the narcotics.
He has been charged with two counts of conspiracy and abetment of crime and would reappear before the court on June 17, 2008.
Three others — Daniel Sandja Nimako, Emmanuel Boakye and Felix Edusei — who were also charged with possession of narcotics without authority, are on the run.
The facts of the case were that on March 14, 2008 officials of NACOB had information from the Aviation Security that some people were hiding narcotic drugs within the airport premises.
According to the prosecution, a search was conducted within the airport and two polythene bags containing whitish powdered substances suspected to be cocaine were found at the duty free shop.
Investigations revealed that Edusei, who was then the driver of a duty vehicle on the night of March 13, 2007, was spotted removing a bag popularly known as ‘Ghana Must Go’ from the duty vehicle with the assistance of Nimako, Boakye and Yelbert.
The Commander of the Aviation Security went to the CCTV room to view the recording of March 13, 2008 and it was in the recording that Yelbert was spotted standing at the entrance of the arrival hall while Nimako and Boakye were also captured carrying the said bags through the arrival hall to the entrance of the transit shop, which was also part of the duty free shop.
Yelbert was subsequently arrested but his accomplices bolted and have since not been seen.
Officials of the Ghana Standards Board (GSB) run tests on the substances, which tested positive for cocaine.
American firm to build refinery in Ghana
June 7, 2008 (Back Page Lead)
BARCLAYS Gerdi Group Incorporated (BBG), a US-based company, has expressed interest in establishing a $1.7 billion oil refinery in the country.
The group is currently holding talks with government agencies to pave the way for the smooth take-off of the project.
When established, the refinery is expected to process 100,000 barrels of crude oil a day, almost twice of what the Tema Oil Refinery (TOR) produces presently.
The company is also expected to establish a $350 million cement plant to process 50,000 tonnes of white cement a day.
In an interview with the Daily Graphic, the local representative of the group, Mr Hamid Moomen, said the refinery and the cement plant would provide permanent employment for more than 3,000 Ghanaians and temporary employment for 4,000 local and foreign workers during the construction stage.
According to him, employees would be provided with accommodation while the country’s railway sector would also benefit due to the plans of BGG to construct modern railway lines to carry its products.
Another benefit to be derived from the refinery was the generation of electricity for the refinery’s operations out of which the excess electricity generated would be fed into the national grid.
Mr Moomen, who is also Chairman of Moomen Group in the USA, said BGG would begin construction works before the end of the year immediately it received permit from the appropriate authorities to operate in the country.
He further explained that the minimal design and construction time period would be four years after all arrangements had been finalised.
He said the company would acquire a 6,000 hectare most preferably in Takoradi for the establishment of the refinery and cement plants while a college of technology would be constructed to train employees locally in refinery operations.
Facilities to be provided include a modern satellite city fitted with potable water and sewage systems, shopping malls, schools, a clinic, pharmaceutical shops, supermarkets, fire fighting stations, banks, playgrounds, parks, fuel filling stations, a library, cinemas and other needed facilities that would help employees and their families not to travel too far for their regular daily needs.
He was particularly grateful to the Chief of Staff, Mr Kwadwo Mpiani, who he said had been very instrumental in assisting the BGG to invest in Ghana.
BGG, which operates in Gabon, Angola, Algeria and Tunisia has to its credit the installation of water, sewer gas and oil pipelines, the construction and development of cement plants, satellite cities, roads, shopping malls, oil refineries and the distribution of security equipment.
BARCLAYS Gerdi Group Incorporated (BBG), a US-based company, has expressed interest in establishing a $1.7 billion oil refinery in the country.
The group is currently holding talks with government agencies to pave the way for the smooth take-off of the project.
When established, the refinery is expected to process 100,000 barrels of crude oil a day, almost twice of what the Tema Oil Refinery (TOR) produces presently.
The company is also expected to establish a $350 million cement plant to process 50,000 tonnes of white cement a day.
In an interview with the Daily Graphic, the local representative of the group, Mr Hamid Moomen, said the refinery and the cement plant would provide permanent employment for more than 3,000 Ghanaians and temporary employment for 4,000 local and foreign workers during the construction stage.
According to him, employees would be provided with accommodation while the country’s railway sector would also benefit due to the plans of BGG to construct modern railway lines to carry its products.
Another benefit to be derived from the refinery was the generation of electricity for the refinery’s operations out of which the excess electricity generated would be fed into the national grid.
Mr Moomen, who is also Chairman of Moomen Group in the USA, said BGG would begin construction works before the end of the year immediately it received permit from the appropriate authorities to operate in the country.
He further explained that the minimal design and construction time period would be four years after all arrangements had been finalised.
He said the company would acquire a 6,000 hectare most preferably in Takoradi for the establishment of the refinery and cement plants while a college of technology would be constructed to train employees locally in refinery operations.
Facilities to be provided include a modern satellite city fitted with potable water and sewage systems, shopping malls, schools, a clinic, pharmaceutical shops, supermarkets, fire fighting stations, banks, playgrounds, parks, fuel filling stations, a library, cinemas and other needed facilities that would help employees and their families not to travel too far for their regular daily needs.
He was particularly grateful to the Chief of Staff, Mr Kwadwo Mpiani, who he said had been very instrumental in assisting the BGG to invest in Ghana.
BGG, which operates in Gabon, Angola, Algeria and Tunisia has to its credit the installation of water, sewer gas and oil pipelines, the construction and development of cement plants, satellite cities, roads, shopping malls, oil refineries and the distribution of security equipment.
Nsawam cocaine case: 3 before tribunal
June 3, 2008 (Page 3)
Story: Mabel Aku Baneseh
THE three persons who were caught in possession of 399 parcels of cocaine at Nsawam last Friday were yesterday remanded in custody by the Greater Accra Regional Tribunal.
Kwame Anane, 34, a Ghanaian, Kofi Amewu, 30, and Kofi Deble, 35, both Togolese nationals, were remanded to reappear on June 19, 2008.
The three were charged with three counts of conspiracy, possession of narcotic drugs without authority and importation of narcotic drugs without authority.
Their pleas were not taken.
Prosecuting, Deputy Superintendent of Police (DSP) P. K. Frimpong prayed the tribunal to adjourn the case because investigations were ongoing.
The tribunal obliged and accordingly remanded the three accused persons.
The facts of the case were that on May 30, 2008 between 6 a.m. and 7 a.m., the Nsawam police, acting upon a tip-off, mounted a surveillance and intercepted a Mercedes Benz truck with registration number GT 3359 Z, which was moving from Kumasi.
A search conducted in the vehicle uncovered 399 parcels of a substance suspected to be cocaine concealed in an artificially created compartment.
The occupants of the vehicle were arrested to assist the police in their investigations.
Story: Mabel Aku Baneseh
THE three persons who were caught in possession of 399 parcels of cocaine at Nsawam last Friday were yesterday remanded in custody by the Greater Accra Regional Tribunal.
Kwame Anane, 34, a Ghanaian, Kofi Amewu, 30, and Kofi Deble, 35, both Togolese nationals, were remanded to reappear on June 19, 2008.
The three were charged with three counts of conspiracy, possession of narcotic drugs without authority and importation of narcotic drugs without authority.
Their pleas were not taken.
Prosecuting, Deputy Superintendent of Police (DSP) P. K. Frimpong prayed the tribunal to adjourn the case because investigations were ongoing.
The tribunal obliged and accordingly remanded the three accused persons.
The facts of the case were that on May 30, 2008 between 6 a.m. and 7 a.m., the Nsawam police, acting upon a tip-off, mounted a surveillance and intercepted a Mercedes Benz truck with registration number GT 3359 Z, which was moving from Kumasi.
A search conducted in the vehicle uncovered 399 parcels of a substance suspected to be cocaine concealed in an artificially created compartment.
The occupants of the vehicle were arrested to assist the police in their investigations.
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