Saturday, March 14, 2009 (Page 31 - MIRROR)
FOR fighting her friend’s husband’s concubine, a student has found herself in the grips of the law, accused of pouring hot water on her foe.
Felicia Acquah, was alleged to have picked up a fight with the complainant, Gloria Odumah and in the process poured hot water on her thereby causing severe burns.
Felicia also suffered severe bites on her breasts, her back and buttocks in the process.
Her breasts are almost cancerous while Gloria also suffered severe burns.
Felicia pleaded not guilty to one count of causing harm and was granted bail in the sum of GH¢1,000 with a surety.
She was ordered to reappear before the court on March 16, 2009.
When the matter was called in court Accra last Tuesday, the court enquired why the two fought to which the landlord of both the accused person and the complainant informed the court that there was an issue between the two.
The issue, he stated was that Gloria was suspected to be having an affair with Felicia’s friend’s husband and for that matter the two were not on good terms.
Prosecuting, Chief Inspector Mary Adika, told the court that Felicia and Gloria were students and they lived in the same house at New Fadama in Accra.
On March 2, 2009, Felicia was passing infront of Gloria’s sister’s shop when she alleged that she overhead Gloria and her sister discussing her.
She replied them with insults and which resulted in a fight.They, were, however, separated by onlookers.
Not satisfied, they engaged themselves in another fight in the house and in the process, Gloria bit Felicia’s breast and were separated by the other tenants in the house.
Thereafter, Felicia poured a boiling water on Gloria after which they all rushed to report the incident to the police.
They were issued with medical forms to attend hospital for treatment.
Tuesday, March 17, 2009
Man, 20 kidnaps child’s mum
Saturday, March 14, 2009 (Page 27 - MIRROR)
A 20-year-old unemployed who kidnapped the mother of his child for a $2,000 ransom before her release was last Tuesday found guilty and convicted by the Accra Circuit Court.
Eric Launcelot Kugblenu, who refused to accept responsibility for the upkeep of the child was said to have threatened to kill his captive if her parents did not pay the ransom.
He was bonded to a sum of 100 penalty units to be of good behaviour for five years or in default face eight years prison term by the court, presided over by Mrs Ivy Heward-Mills.
Each penalty unit is GH¢12.00.
Kugblenu was convicted on his own plea of guilt. He broke down in tears and pleaded with the victim’s father to forgive him his wrongdoing.
His father also pleaded with the court for mercy towards his son.
A friend of the court, Mr Adjei Lartey, a lawyer, described the accused person’s action as unfortunate and reminded the court that the convict had a child with his victim.
He, therefore, prayed the court to give Launcelot the opportunity to change for the better.
Launcelot had earlier pleaded not guilty but nevertheless apologised to the victim’s father for forgiveness.
He said “I am very sorry. I am not guilty. I did not do it,” but his father prompted him to plead guilty to which he did.
According to the prosecution, in December, 2008 he succeeded in collecting GH¢300 from his captive's parents before releasing her but the money has since been retrieved by the police.
Not satisfied with his earlier action, he again kidnapped the victim on January 15, 2009 and called the girl's father on January 19, 2009 demanding $2,000 before he released her.
The victim's father, a lawyer reported the matter to the police leading to the subsequent arrest of Kugblenu.
Kugblenu was put before an Accra circuit court on February 18, 2009, charged with one count of kidnapping.
He pleaded not guilty and the court and was subsequently remanded by the court.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused person and the victim had attended the same secondary school and completed in 2006 and 2007 respectively.
According to the prosecution, the two had an affair that resulted in the girl getting pregnant.
The accused person, however, refused to accept responsibility for the pregnancy.
On December 12, 2008 the accused person lured the girl to his house and unlawfully detained her.
He later called the girl's father to inform him that the girl had been kidnapped and would only be released if he paid the GH¢300 to which the victim's father obliged.
A 20-year-old unemployed who kidnapped the mother of his child for a $2,000 ransom before her release was last Tuesday found guilty and convicted by the Accra Circuit Court.
Eric Launcelot Kugblenu, who refused to accept responsibility for the upkeep of the child was said to have threatened to kill his captive if her parents did not pay the ransom.
He was bonded to a sum of 100 penalty units to be of good behaviour for five years or in default face eight years prison term by the court, presided over by Mrs Ivy Heward-Mills.
Each penalty unit is GH¢12.00.
Kugblenu was convicted on his own plea of guilt. He broke down in tears and pleaded with the victim’s father to forgive him his wrongdoing.
His father also pleaded with the court for mercy towards his son.
A friend of the court, Mr Adjei Lartey, a lawyer, described the accused person’s action as unfortunate and reminded the court that the convict had a child with his victim.
He, therefore, prayed the court to give Launcelot the opportunity to change for the better.
Launcelot had earlier pleaded not guilty but nevertheless apologised to the victim’s father for forgiveness.
He said “I am very sorry. I am not guilty. I did not do it,” but his father prompted him to plead guilty to which he did.
According to the prosecution, in December, 2008 he succeeded in collecting GH¢300 from his captive's parents before releasing her but the money has since been retrieved by the police.
Not satisfied with his earlier action, he again kidnapped the victim on January 15, 2009 and called the girl's father on January 19, 2009 demanding $2,000 before he released her.
The victim's father, a lawyer reported the matter to the police leading to the subsequent arrest of Kugblenu.
Kugblenu was put before an Accra circuit court on February 18, 2009, charged with one count of kidnapping.
He pleaded not guilty and the court and was subsequently remanded by the court.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused person and the victim had attended the same secondary school and completed in 2006 and 2007 respectively.
According to the prosecution, the two had an affair that resulted in the girl getting pregnant.
The accused person, however, refused to accept responsibility for the pregnancy.
On December 12, 2008 the accused person lured the girl to his house and unlawfully detained her.
He later called the girl's father to inform him that the girl had been kidnapped and would only be released if he paid the GH¢300 to which the victim's father obliged.
Court reinstates NPP Chairman of Atwima Nwabiagya, others
Saturday, March 14, 2009 (Page 13)
THE Court of Appeal has reinstated Nana Kofi Owusu as the Chairman of the Atwima Nwbiagya Constituency office of the New Patriotic Party (NPP) in the Ashanti Region.
The court also reinstated nine other executives of the constituency who were wrongly removed from office alongside Nana Owusu by the National Chairman of the NPP.
In a unanimous decision, the court dissolved an interim committee which was appointed by the National Chairman to oversee the activities of the constituency.
It accordingly ordered the interim committee members from interfering with the functions of Nana Owusu and the nine others, namely: Nana Agyemang-Johnson, First Vice Chairman; Gyau Mensah-Bonsu, Second Vice Chairman; Salifu Musah, Secretary and Bernard Boateng, Assistant Secretary.
The other appellants were Amadu K. Issah, Treasurer and Douglas Owusu, Organiser; Samuel Mensah, Youth Organiser; Nicholas Ameyaw, Financial Secretary and Sabina Anane-Yeboah, Women’s Organiser.
Respondents in the suit were the Ashanti Regional Executive Committee of the NPP, Mr Ben Oduro Frimpong, and seven others.
Mr Oduro and the seven other respondents had also claimed to be newly elected executives of the Atwima Nwbiagya Constituency office of the NPP.
The court also ordered the members of the interim committee to render accounts to the appellants as well as hand over any party property in their possession.
It further restrained the interim committee from interfering with the functions of the appellants.
The Court of Appeal was giving its ruling in an appeal filed by the appellants against a decision by the High Court to set aside its earlier decision which gave the appellants mandate to hold office.
The High Court had on December 21, 2007 argued that the appellants removal from office contravened the Constitution of the NPP, and accordingly granted their application for interim injunction to restrain the regional executives from interfering in their work.
However, the High Court presided over by Mr Justice Kwame Ansu-Gyeabour in February 2008 vacated its order on the grounds that the respondents apart from the Ashanti Regional Chairman, who were initially not party to the suit, also claimed they had been elected as executives of the constituency and for that matter triable issues had been raised.
Consequently, the appellants appealed against the High Court’s decision to which the Court of Appeal upheld their objections against the lower court’s decision.
Citing authorities, the court held that although, the seven respondents had not entered appearance and filed their appearance, “..., the learned trial judge purported to determine certain issues, and made some erroneous findings showing that he was confused and manifestly biased in favour of the respondents.”
Earlier in the trial, the Court of Appeal gave parties the opportunity to resolve their differences but that did not materialise thereby prompting it to give its ruling.
THE Court of Appeal has reinstated Nana Kofi Owusu as the Chairman of the Atwima Nwbiagya Constituency office of the New Patriotic Party (NPP) in the Ashanti Region.
The court also reinstated nine other executives of the constituency who were wrongly removed from office alongside Nana Owusu by the National Chairman of the NPP.
In a unanimous decision, the court dissolved an interim committee which was appointed by the National Chairman to oversee the activities of the constituency.
It accordingly ordered the interim committee members from interfering with the functions of Nana Owusu and the nine others, namely: Nana Agyemang-Johnson, First Vice Chairman; Gyau Mensah-Bonsu, Second Vice Chairman; Salifu Musah, Secretary and Bernard Boateng, Assistant Secretary.
The other appellants were Amadu K. Issah, Treasurer and Douglas Owusu, Organiser; Samuel Mensah, Youth Organiser; Nicholas Ameyaw, Financial Secretary and Sabina Anane-Yeboah, Women’s Organiser.
Respondents in the suit were the Ashanti Regional Executive Committee of the NPP, Mr Ben Oduro Frimpong, and seven others.
Mr Oduro and the seven other respondents had also claimed to be newly elected executives of the Atwima Nwbiagya Constituency office of the NPP.
The court also ordered the members of the interim committee to render accounts to the appellants as well as hand over any party property in their possession.
It further restrained the interim committee from interfering with the functions of the appellants.
The Court of Appeal was giving its ruling in an appeal filed by the appellants against a decision by the High Court to set aside its earlier decision which gave the appellants mandate to hold office.
The High Court had on December 21, 2007 argued that the appellants removal from office contravened the Constitution of the NPP, and accordingly granted their application for interim injunction to restrain the regional executives from interfering in their work.
However, the High Court presided over by Mr Justice Kwame Ansu-Gyeabour in February 2008 vacated its order on the grounds that the respondents apart from the Ashanti Regional Chairman, who were initially not party to the suit, also claimed they had been elected as executives of the constituency and for that matter triable issues had been raised.
Consequently, the appellants appealed against the High Court’s decision to which the Court of Appeal upheld their objections against the lower court’s decision.
Citing authorities, the court held that although, the seven respondents had not entered appearance and filed their appearance, “..., the learned trial judge purported to determine certain issues, and made some erroneous findings showing that he was confused and manifestly biased in favour of the respondents.”
Earlier in the trial, the Court of Appeal gave parties the opportunity to resolve their differences but that did not materialise thereby prompting it to give its ruling.
Friday, March 13, 2009
Kosmos Energy makes more oil discovery
Wednesday, March 11, 2009 (Back Page)
KOSMOS Energy has discovered more oil in the Tano Basin offshore the Deepwater Tano Block in the Western Region.
The find, dubbed “Tweneboa-1 well”, contains a light hydrocarbon accumulation continuing the company’s serial oil-finding exploration success.
“We have been fortunate to make another major hydrocarbon discovery offshore Ghana. We estimate our four discoveries to date account for a possible recoverable resource base of several billion barrels of oil and several trillion cubic feet of natural gas,” the Chief Operating Officer of Kosmos Energy, Mr Brian F. Maxted, stated in a news release issued in Dallas, Texas, and made available to the Daily Graphic.
The quality of oil found is similar to large quantities of oil found in the Jubilee Field in the West Cape Three Points also in the Western Region.
It said the Tweneboa-1 well was drilled by the “Eirik Raude”, semi-submersible rig, one of the largest oil rigs in the world, which is in a water depth of 1,148 meters.
The well, which is located approximately 25 kilometres west of the Northwest of Kosmos’ jubilee oil field on the adjacent West cape Three Points Block, is being deepened to test new straigraphy and is targeted to reach a total depth of 4,015 meters.”
The release said the Tweneboa-1 well is the seventh consecutive successful well Kosmos Energy and its partners had drilled on the West Cape Three Points Block since the middle of 2007.
“The Mahogany-1 exploration well discovered the Jubilee field, which was announced in June 2007; the Odun-1 exploration well discovered by the Odum Field, which was announced in February 2008; and the Mahogany-3 well discovered by the Mahogany Deep Field, which was announced in January 2009,” the release said.
Mr Brain Maxted said “together, our four discoveries have opened the Upper Cretaceous hydrocarbon fairway of the Tano Basin, which includes three principal trends-Jubilee, Odum and Tweneboa-1 on the two blocks.”
With the Tweneboa-1 well, which made Kosmos’ fourth substantial discovery in less than two years, we have preserved our 100 percent success rate for all the exploration and appraisal wells we have drilled to date offshore Ghana,” said
“Importantly, these discoveries not only confirm the existence of a giant and new petroleum system, but have also demonstrated our ability to successfully explore it and substantially de-risk the sizeable remaining exploration portfolio on West Cape Three Points and the Deepwater Tano Blocks,” Mr Maxted added.
The release also quoted the Chairman and Chief Executive Officer of Kosmos Energy, Mr James C. Musselman, as stating that “there is a risk-adjudged multi-billion barrel oil-equivalent exploration inventory that we have yet to drill”.
“Our Ghanaian assets have gained significant value due to the successful value of the wells we have drilled to date, and it is likely that their value will increase quickly and considerably as we pursue an aggressive exploration, appraisal and development drilling programme”.
Along with its block partners, Kosmos Energy plans to execute an exploration and appraisal programme on its Ghanaian acreage during 2009, including the appraisal of the company’s 2009 discoveries, Tweneboa and Mahogany Deep, and the full appraisal and initial development of the jubilee Field.
Kosmos Energy and its partners are expected to spend $3 billion between now and the first quarter of 2010, while a total of $5 billion would be spent on the project.
The company’s oil discovery in June 2007 is the largest discovery in the world in the past 12 months and the largest in West Africa in the last 10 years.
Tests have proved that oil discovered is among the finest in the world.
KOSMOS Energy has discovered more oil in the Tano Basin offshore the Deepwater Tano Block in the Western Region.
The find, dubbed “Tweneboa-1 well”, contains a light hydrocarbon accumulation continuing the company’s serial oil-finding exploration success.
“We have been fortunate to make another major hydrocarbon discovery offshore Ghana. We estimate our four discoveries to date account for a possible recoverable resource base of several billion barrels of oil and several trillion cubic feet of natural gas,” the Chief Operating Officer of Kosmos Energy, Mr Brian F. Maxted, stated in a news release issued in Dallas, Texas, and made available to the Daily Graphic.
The quality of oil found is similar to large quantities of oil found in the Jubilee Field in the West Cape Three Points also in the Western Region.
It said the Tweneboa-1 well was drilled by the “Eirik Raude”, semi-submersible rig, one of the largest oil rigs in the world, which is in a water depth of 1,148 meters.
The well, which is located approximately 25 kilometres west of the Northwest of Kosmos’ jubilee oil field on the adjacent West cape Three Points Block, is being deepened to test new straigraphy and is targeted to reach a total depth of 4,015 meters.”
The release said the Tweneboa-1 well is the seventh consecutive successful well Kosmos Energy and its partners had drilled on the West Cape Three Points Block since the middle of 2007.
“The Mahogany-1 exploration well discovered the Jubilee field, which was announced in June 2007; the Odun-1 exploration well discovered by the Odum Field, which was announced in February 2008; and the Mahogany-3 well discovered by the Mahogany Deep Field, which was announced in January 2009,” the release said.
Mr Brain Maxted said “together, our four discoveries have opened the Upper Cretaceous hydrocarbon fairway of the Tano Basin, which includes three principal trends-Jubilee, Odum and Tweneboa-1 on the two blocks.”
With the Tweneboa-1 well, which made Kosmos’ fourth substantial discovery in less than two years, we have preserved our 100 percent success rate for all the exploration and appraisal wells we have drilled to date offshore Ghana,” said
“Importantly, these discoveries not only confirm the existence of a giant and new petroleum system, but have also demonstrated our ability to successfully explore it and substantially de-risk the sizeable remaining exploration portfolio on West Cape Three Points and the Deepwater Tano Blocks,” Mr Maxted added.
The release also quoted the Chairman and Chief Executive Officer of Kosmos Energy, Mr James C. Musselman, as stating that “there is a risk-adjudged multi-billion barrel oil-equivalent exploration inventory that we have yet to drill”.
“Our Ghanaian assets have gained significant value due to the successful value of the wells we have drilled to date, and it is likely that their value will increase quickly and considerably as we pursue an aggressive exploration, appraisal and development drilling programme”.
Along with its block partners, Kosmos Energy plans to execute an exploration and appraisal programme on its Ghanaian acreage during 2009, including the appraisal of the company’s 2009 discoveries, Tweneboa and Mahogany Deep, and the full appraisal and initial development of the jubilee Field.
Kosmos Energy and its partners are expected to spend $3 billion between now and the first quarter of 2010, while a total of $5 billion would be spent on the project.
The company’s oil discovery in June 2007 is the largest discovery in the world in the past 12 months and the largest in West Africa in the last 10 years.
Tests have proved that oil discovered is among the finest in the world.
Chinese prostitutes testify in court
Wednesday, March 11, 2009 (Page 3 Lead)
MORE Chinese young women who were forced into prostitution have testified at the Circuit Court in Accra concerning the bitter experiences they endured at the hands of their compatriots in the past year.
The victims, who trembled anytime they recounted the harrowing experiences they had had with men, pleaded with the court to protect them.
According to them, they feared they would be killed by the accused persons, who are believed to be members of a West African human trafficking syndicate.
So far, six girls, who said they hailed from very poor families in China, have testified in the case in which James Xu Jin, 41, said to be the ringleader, his wife, Chou Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with conspiracy and human trafficking and have pleaded not guilty to all the charges.
All the six were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day. They also said they relied on tips from their clients for survival, among many challenges.
They were led to give their evidence-in-chief by an Assistant Superintendent of Police (ASP), Ms Mary Agbozo, in the chambers of the trial judge, Mrs Elizabeth Ankomah.
The matter was heard in the judge’s chambers to allay the intense fear of the girls.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
According to the girls, Jin received payments of $50 an hour or $70 or more for a night, while they either had sex with men at Jin’s brothel, called “Peach Blossom Palace”, situated at Agyemang, La in Accra, or slept in hotels with the men who were mostly Indians, Chinese and Lebanese.
According to the victims, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
They said they had no choice but to painfully agree to have sex for money when they realised that they had been deceived into believing they were to assist in a restaurant business because they did not have passports, did not know where to seek help, had debts to pay, among many challenges.
Heaps of condoms, contraceptives and other pills believed to facilitate their sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witnesses said they did not enjoy prostituting. They also stated that they wanted to be taken back home.
An investigative journalist, Mr Anas Armeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, has given evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
MORE Chinese young women who were forced into prostitution have testified at the Circuit Court in Accra concerning the bitter experiences they endured at the hands of their compatriots in the past year.
The victims, who trembled anytime they recounted the harrowing experiences they had had with men, pleaded with the court to protect them.
According to them, they feared they would be killed by the accused persons, who are believed to be members of a West African human trafficking syndicate.
So far, six girls, who said they hailed from very poor families in China, have testified in the case in which James Xu Jin, 41, said to be the ringleader, his wife, Chou Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with conspiracy and human trafficking and have pleaded not guilty to all the charges.
All the six were recruited from Harbin, a city in China, under the guise that they were to assist Jin and Chou to run a restaurant in Accra for good salaries.
The story of the girls, whose names have been withheld, are similar in terms of the fact that they all owed Jin, who paid for their air fare and other transport arrangements, their passports were seized and they had to pay a penalty of $50 a day or $1,500 anytime they refused to offer sex, which they were forced to do sometimes four or five times in a day. They also said they relied on tips from their clients for survival, among many challenges.
They were led to give their evidence-in-chief by an Assistant Superintendent of Police (ASP), Ms Mary Agbozo, in the chambers of the trial judge, Mrs Elizabeth Ankomah.
The matter was heard in the judge’s chambers to allay the intense fear of the girls.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
According to the girls, Jin received payments of $50 an hour or $70 or more for a night, while they either had sex with men at Jin’s brothel, called “Peach Blossom Palace”, situated at Agyemang, La in Accra, or slept in hotels with the men who were mostly Indians, Chinese and Lebanese.
According to the victims, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
They said they had no choice but to painfully agree to have sex for money when they realised that they had been deceived into believing they were to assist in a restaurant business because they did not have passports, did not know where to seek help, had debts to pay, among many challenges.
Heaps of condoms, contraceptives and other pills believed to facilitate their sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witnesses said they did not enjoy prostituting. They also stated that they wanted to be taken back home.
An investigative journalist, Mr Anas Armeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, has given evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Tuesday, March 10, 2009
Chinese woman gives evidence against traffickers
Monday, March 9, 2009 (Page 3 Second Lead)
AN 18-year-old Chinese woman on Saturday trembled in fear when she came face to face with her alleged “sex slave masters” when she appeared before the Accra Circuit Court to narrate how she was forced into prostitution by her compatriots who are believed to be part of a West African human trafficking ring.
The victim, who said she hailed from a poor family and had an ailing father, informed the court that she had sex with an average of three men a day, while her boss, James Xu Jin, 41, received either $40 for an hour or $70 for a full night.
The girl (name withheld), who wept throughout her testimony and intermittently begged the judge to protect her, said she was beaten by Jin anytime she refused to have sex with men who had paid him.
She said her passport and those of other girls in the brothel were seized by Jin, while they were told that they would be made to pay a penalty of $50 a day or $1,500 each time they refused to offer sex.
She also stated that only foreign nationals, particularly Lebanese, Indians and Chinese, patronised the brothel, called “Peach Blossom Palace” situated at Agyemang, La in Accra, and which was owned by Jin.
According to the victim, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
Earlier, she had coiled and hidden herself inside the witness box when she was called to testify, signifying with her hands to the judge that the accused persons would slit her throat if she spoke.
Her intense fear prompted the trial judge, Mrs Elizabeth Ankomah, to hear the matter in her chambers, in the presence of journalists, prosecutors, court clerks and lawyers of the accused persons.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
Journalists were allowed into the chambers to cover the harrowing experience of the victim and another on how they were deceived by the accused persons back home in China into believing that they were to assist in a restaurant business in Accra.
The accused persons, Jin, said to be the ringleader, his wife, Chow Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with two counts of conspiracy and human trafficking and have pleaded not guilty to all the charges.
The 18-year-old victim got very pensive and intensely sad anytime she recounted her sexual encounters with men and stated on countless times that she did not like what she had gone through.
According to her, Chow was her neighbour back home in China and she had approached her (victim’s) family in 2007 with the claim that she (Chow) had opened a restaurant in Ghana and needed her (victim) to help her and Jin to operate the restaurant.
She had earlier informed the court that her parents got involved in an accident and that in the process, her father sustained severe injury in the legs and, therefore, needed money to undergo surgery.
She explained that she had to drop out of school and raise money for her father’s surgery and to assist him.
The victim informed the court that as a result of the difficulties her family faced and the mounting debt associated with the difficulties, she agreed to accompany Jin and his wife to Ghana to work in their restaurant.
She said she was, however, greeted with shock when it happened that Jin and his wife operated a brothel and not a restaurant.
She told the court that when she arrived in Ghana in December 2007, she refused to participate in prostitution and demanded to be sent back home but Jin informed her that she owed him $6,000, being payments for her passport, air ticket and other travel arrangements.
The victim told the court that Jin said he would allow her to go back to China if she agreed to have sex with men who patronised the brothel to eventually pay off her debt, adding that Zifan also dropped her off twice at another hotel to meet clients and received payments on Jin’s behalf.
According to her, she had no choice but to painfully agree to have sex for money because she did not have a passport, did not know where to seek help, had a debt to pay in connection with the loan she took to assist her father undergo surgery, among many difficulties.
Heaps of condoms, contraceptives and other pills believed to facilitate her sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witness told the court that she could not tell her parents she was prostituting because it was a disgrace.
She said she knew the brothel was close to the La Police Station but could not report her ordeal because she feared for her life and that of her family back in China.
Another victim, a 36-year-old mother of a child with a brain tumour, narrated a similar ordeal she had undergone in the hands of Jin.
An ace investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Hearing continues today.
AN 18-year-old Chinese woman on Saturday trembled in fear when she came face to face with her alleged “sex slave masters” when she appeared before the Accra Circuit Court to narrate how she was forced into prostitution by her compatriots who are believed to be part of a West African human trafficking ring.
The victim, who said she hailed from a poor family and had an ailing father, informed the court that she had sex with an average of three men a day, while her boss, James Xu Jin, 41, received either $40 for an hour or $70 for a full night.
The girl (name withheld), who wept throughout her testimony and intermittently begged the judge to protect her, said she was beaten by Jin anytime she refused to have sex with men who had paid him.
She said her passport and those of other girls in the brothel were seized by Jin, while they were told that they would be made to pay a penalty of $50 a day or $1,500 each time they refused to offer sex.
She also stated that only foreign nationals, particularly Lebanese, Indians and Chinese, patronised the brothel, called “Peach Blossom Palace” situated at Agyemang, La in Accra, and which was owned by Jin.
According to the victim, who spoke through an interpreter, the brothel was strictly out of bounds to blacks.
Earlier, she had coiled and hidden herself inside the witness box when she was called to testify, signifying with her hands to the judge that the accused persons would slit her throat if she spoke.
Her intense fear prompted the trial judge, Mrs Elizabeth Ankomah, to hear the matter in her chambers, in the presence of journalists, prosecutors, court clerks and lawyers of the accused persons.
The accused persons were allowed to stand close to the entrance of the chambers to listen to proceedings, as was required by law.
Journalists were allowed into the chambers to cover the harrowing experience of the victim and another on how they were deceived by the accused persons back home in China into believing that they were to assist in a restaurant business in Accra.
The accused persons, Jin, said to be the ringleader, his wife, Chow Xiou Ying, and Sam Shan Zifan, his younger brother, have each been charged with two counts of conspiracy and human trafficking and have pleaded not guilty to all the charges.
The 18-year-old victim got very pensive and intensely sad anytime she recounted her sexual encounters with men and stated on countless times that she did not like what she had gone through.
According to her, Chow was her neighbour back home in China and she had approached her (victim’s) family in 2007 with the claim that she (Chow) had opened a restaurant in Ghana and needed her (victim) to help her and Jin to operate the restaurant.
She had earlier informed the court that her parents got involved in an accident and that in the process, her father sustained severe injury in the legs and, therefore, needed money to undergo surgery.
She explained that she had to drop out of school and raise money for her father’s surgery and to assist him.
The victim informed the court that as a result of the difficulties her family faced and the mounting debt associated with the difficulties, she agreed to accompany Jin and his wife to Ghana to work in their restaurant.
She said she was, however, greeted with shock when it happened that Jin and his wife operated a brothel and not a restaurant.
She told the court that when she arrived in Ghana in December 2007, she refused to participate in prostitution and demanded to be sent back home but Jin informed her that she owed him $6,000, being payments for her passport, air ticket and other travel arrangements.
The victim told the court that Jin said he would allow her to go back to China if she agreed to have sex with men who patronised the brothel to eventually pay off her debt, adding that Zifan also dropped her off twice at another hotel to meet clients and received payments on Jin’s behalf.
According to her, she had no choice but to painfully agree to have sex for money because she did not have a passport, did not know where to seek help, had a debt to pay in connection with the loan she took to assist her father undergo surgery, among many difficulties.
Heaps of condoms, contraceptives and other pills believed to facilitate her sex trade were displayed to the court.
During cross-examination from counsel for the accused persons, Mr B. O. K. Johnson, the witness told the court that she could not tell her parents she was prostituting because it was a disgrace.
She said she knew the brothel was close to the La Police Station but could not report her ordeal because she feared for her life and that of her family back in China.
Another victim, a 36-year-old mother of a child with a brain tumour, narrated a similar ordeal she had undergone in the hands of Jin.
An ace investigative journalist, Mr Anas Aremeyaw Anas, whose seven-month investigations led to the arrest of the accused persons on February 14, 2009, also gave evidence on the activities of the accused persons.
He produced video and audio tapes on the activities of the accused persons.
Hearing continues today.
Court orders remand of J. B. Plaza MD
Monday, March 9, 2009 (Page 3 Lead)
THE Financial Division of the High Court in Accra has remanded Mr Kojo Bekoe, the chairman of JB Plaza Limited, a real estate company, in the Nsawam Prison until he fulfils his bail bond in a GH¢500,000 suit filed against him by an Accra-based businesswoman.
The businesswoman, Madam Darling Tuffour, filed a writ praying the court to order Mr Bekoe and his company, J. B. Plaza Limited in Accra, to pay his GH¢500,000 indebtedness and accruing interest on it.
Madam Tuffour is also praying the court to award general damages for breach of contract, as well as award costs against the defendant.
She later filed an ex-parte motion praying the court to issue an absconding warrant for the arrest of Mr Bekoe, who she argued was about to leave the country with the view of evading his obligations to the court.
The court granted her application and subsequently issued a bench warrant for his arrest.
Mr Bekoe was arrested and granted bail in the sum of GH¢600,000 with one surety to be justified.
He was also ordered to deposit GH¢100,000 as guarantee before he could travel outside the country.
He, however, failed to fulfil the bail bond compelling Madam Tuffour to file another ex-parte motion with the explanation that the defendant was not in custody, although he had not fulfilled his bail bond.
She also stated that the police and bailiffs had other obligations and could not follow the defendant anywhere he went and therefore prayed the court to remand him in prison custody.
In the substantive writ, Madam Tuffour averred that sometime between 2005 and 2008 at the request of the defendants she advanced various sums of money both cash and cheques totalling GH¢500,000 to the defendants through Mr Bekoe to enable the company to invest in its real estate business.
The plaintiff said per the agreement entered into with the defendants, the defendants agreed to pay interest on the various sums of money received from the plaintiff at 20 per cent per month.
The plaintiff further averred that in pursuance of the agreement entered into with the defendants, she contracted various loans from her business associates to meet the financial demands of the defendants.
Madam Tuffour further stated that in response to her demand for payment, the defendants by a signed letter dated September 5, 2008 offered some of their properties at a discounted total value of GH¢500,000.00, the amount owed.
According to her, the defendants have failed, refused and or neglected to retire their indebtedness owed to the plaintiff despite repeated demands.
She added that she had suffered and continued to suffer loses as a result of the failure of the defendants to honour their debt obligations.
THE Financial Division of the High Court in Accra has remanded Mr Kojo Bekoe, the chairman of JB Plaza Limited, a real estate company, in the Nsawam Prison until he fulfils his bail bond in a GH¢500,000 suit filed against him by an Accra-based businesswoman.
The businesswoman, Madam Darling Tuffour, filed a writ praying the court to order Mr Bekoe and his company, J. B. Plaza Limited in Accra, to pay his GH¢500,000 indebtedness and accruing interest on it.
Madam Tuffour is also praying the court to award general damages for breach of contract, as well as award costs against the defendant.
She later filed an ex-parte motion praying the court to issue an absconding warrant for the arrest of Mr Bekoe, who she argued was about to leave the country with the view of evading his obligations to the court.
The court granted her application and subsequently issued a bench warrant for his arrest.
Mr Bekoe was arrested and granted bail in the sum of GH¢600,000 with one surety to be justified.
He was also ordered to deposit GH¢100,000 as guarantee before he could travel outside the country.
He, however, failed to fulfil the bail bond compelling Madam Tuffour to file another ex-parte motion with the explanation that the defendant was not in custody, although he had not fulfilled his bail bond.
She also stated that the police and bailiffs had other obligations and could not follow the defendant anywhere he went and therefore prayed the court to remand him in prison custody.
In the substantive writ, Madam Tuffour averred that sometime between 2005 and 2008 at the request of the defendants she advanced various sums of money both cash and cheques totalling GH¢500,000 to the defendants through Mr Bekoe to enable the company to invest in its real estate business.
The plaintiff said per the agreement entered into with the defendants, the defendants agreed to pay interest on the various sums of money received from the plaintiff at 20 per cent per month.
The plaintiff further averred that in pursuance of the agreement entered into with the defendants, she contracted various loans from her business associates to meet the financial demands of the defendants.
Madam Tuffour further stated that in response to her demand for payment, the defendants by a signed letter dated September 5, 2008 offered some of their properties at a discounted total value of GH¢500,000.00, the amount owed.
According to her, the defendants have failed, refused and or neglected to retire their indebtedness owed to the plaintiff despite repeated demands.
She added that she had suffered and continued to suffer loses as a result of the failure of the defendants to honour their debt obligations.
Friday, March 6, 2009
Taxi driver jailed for stealing
Saturday, February 28, 2009 (Page 22 - MIRROR)
THE Accra Circuit Court has sentenced a driver who steals taxis at night and works with them till morning to four years imprisonment with hard labour.
Okai Laryea, 31, in whose possession keys of more than a dozen cars were found, was believed to have stolen the cars deep in the night, worked with them until he exhausted the fuel and later abandoned them.
In this instance, the convict illegally worked with the taxi for two days and enjoyed proceeds from it.
He was convicted on his own plea of guilt to one count of stealing.
According to the Osu District Commander, Assistant Superintendent of Police, Mr Peter Yembilla, the convict was arrested at La Apapa, where he parked the taxi with registration number GR 2705 V.
The original driver, Mr Akortey Divine, had earlier reported to the Osu Police that his taxi had been stolen after a day’s work.
The complainant had informed the police that he parked at his residence in Osu RE on February 17, 2009, but did not find it the following morning.
He subsequently reported the matter to the Osu Police after which an announcement was made through the media.
After the announcement, a witness called the complainant and claimed the car had been spotted at La Apapa.
The complainant in turn informed the police about the call he had received from the witness.
The police, therefore, followed up and arrested Laryea at his residence and later observed that Laryea had exhausted all the fuel in the vehicle.
When questioned, Laryea told the police that a youngman by the name Emma brought the vehicle to him to work with.
He informed the police he did not know Emma’s residence and further claimed that Emma had instructed him to work only in the night.
Laryea also claimed that he had given the money that was accrued from the services of the taxi to Emma.
He, however, failed to lead the police to effect the arrest of Emma.
According to ASP Yembilla, different car keys were also found in the suspect’s room during a search.
THE Accra Circuit Court has sentenced a driver who steals taxis at night and works with them till morning to four years imprisonment with hard labour.
Okai Laryea, 31, in whose possession keys of more than a dozen cars were found, was believed to have stolen the cars deep in the night, worked with them until he exhausted the fuel and later abandoned them.
In this instance, the convict illegally worked with the taxi for two days and enjoyed proceeds from it.
He was convicted on his own plea of guilt to one count of stealing.
According to the Osu District Commander, Assistant Superintendent of Police, Mr Peter Yembilla, the convict was arrested at La Apapa, where he parked the taxi with registration number GR 2705 V.
The original driver, Mr Akortey Divine, had earlier reported to the Osu Police that his taxi had been stolen after a day’s work.
The complainant had informed the police that he parked at his residence in Osu RE on February 17, 2009, but did not find it the following morning.
He subsequently reported the matter to the Osu Police after which an announcement was made through the media.
After the announcement, a witness called the complainant and claimed the car had been spotted at La Apapa.
The complainant in turn informed the police about the call he had received from the witness.
The police, therefore, followed up and arrested Laryea at his residence and later observed that Laryea had exhausted all the fuel in the vehicle.
When questioned, Laryea told the police that a youngman by the name Emma brought the vehicle to him to work with.
He informed the police he did not know Emma’s residence and further claimed that Emma had instructed him to work only in the night.
Laryea also claimed that he had given the money that was accrued from the services of the taxi to Emma.
He, however, failed to lead the police to effect the arrest of Emma.
According to ASP Yembilla, different car keys were also found in the suspect’s room during a search.
Bail for three policemen revoked
Friday, March 6, 2009 (Page 29 Lead)
THE bail granted to three police officers who are alleged to have robbed a businessman at a hotel in Accra has been revoked.
The three, who were each granted bail in the sum of GH¢10,000 with two sureties, have been re-arrested on the orders of the acting Inspector-General of Police and arraigned before another circuit court charged with conspiracy and robbery.
DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu and Sergeant John Agyapong had earlier been charged with conspiracy, unlawful entry and stealing but the charges have been substituted with conspiracy and robbery.
Their pleas were not taken and they were remanded to appear again on March 12, 2009.
The court, presided over by Mr Mahamadu Iddrisu, had, on February 26, 2009, remanded six others connected with the case and they were also expected to appear again on March 12, 2009.
The six are Lawrence Dennis Quansah, Constable Benjamin Blejumah, Hans Amanor, Peter Amanor, Kwasi Tawiah and Bismark Ampofo.
Meanwhile, Lance Corporal Karimu Muntari and another only known as Jeffrey, alias K, together with two unidentified others, are on the run.
The accused persons were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000, GH¢2,000, a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a Standard Chartered Bank cheque book, all valued at $4,000.
At the court’s sitting in Accra last Tuesday, the judge enquired from the prosecution why the three were not attached to the six who are already on remand.
The prosecutor, Assistant Superintendent of Police Mr George Abavelim, explained that the case had now been assigned to him.
He, therefore, prayed the court to remand the accused persons while investigations continued.
Counsel for the accused persons had prayed the court to grant them bail but the court declined and remanded them in custody.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years, had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold, but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
Just before the transaction could start, Amanor asked to be excused to go into his car which was parked at the hotel car park to fetch a chemical to confirm the substance as gold.
No sooner had Amanor left the hotel room than Mr Duah received a telephone call from the hotel's reception that some heavily armed policemen were looking for him.
Mr Duah, according to the source, tried to open the door but realised that it had been locked from outside and the key taken away.
Suddenly, one of the two men, later identified as Kwame Attah, alias K, who was supposed to be holding the bag of gold, drew a pistol and threatened to kill Mr Duah if he did not surrender all the money on him.
At that point, Mr Duah was said to have hit the hand of the gunman and the weapon dropped. He managed to escape through the window of his hotel room, only to be pounced upon outside by six policemen, all wielding guns.
Chief Inspector Adu was said to have given the victim a slap, after which he ordered his boys who had no name tags or police numbers on their uniforms to drag him into a waiting Mercedes Benz car.
The other vehicles were a red Toyota Corolla, with registration number GS 2119 Z, and a red Dodge Durango pick-up, with temporary registration number DV 4951 and which was driven by Kwame Attah.
According to the report, before they violently dragged Mr Duah into the car, the accused persons and their accomplices conducted a body search on him and took away the cash and items on him.
The policemen also ransacked his hotel room, taking away the other items.
According to security sources, instead of taking Mr Duah to the police station, Chief Inspector Adu drove the victim to a drinking spot at the Tesano Police Depot in Accra.
From there, the victim, who was said to be bleeding profusely from the assault, was taken to DSP Kwapong at the Police Depot, who directed Kwame Attah to place three wrapped materials on the victim’s laps and take a photograph of him.
The police, in addition, allegedly demanded $30,000 from the victim or have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot from where Amanor picked him up back to his hotel and a report lodged the following day at the Central Police Station, Accra.
THE bail granted to three police officers who are alleged to have robbed a businessman at a hotel in Accra has been revoked.
The three, who were each granted bail in the sum of GH¢10,000 with two sureties, have been re-arrested on the orders of the acting Inspector-General of Police and arraigned before another circuit court charged with conspiracy and robbery.
DSP Patrick Kwapong of the Rapid Deployment Unit (RDU), Chief Inspector Thomas Adu and Sergeant John Agyapong had earlier been charged with conspiracy, unlawful entry and stealing but the charges have been substituted with conspiracy and robbery.
Their pleas were not taken and they were remanded to appear again on March 12, 2009.
The court, presided over by Mr Mahamadu Iddrisu, had, on February 26, 2009, remanded six others connected with the case and they were also expected to appear again on March 12, 2009.
The six are Lawrence Dennis Quansah, Constable Benjamin Blejumah, Hans Amanor, Peter Amanor, Kwasi Tawiah and Bismark Ampofo.
Meanwhile, Lance Corporal Karimu Muntari and another only known as Jeffrey, alias K, together with two unidentified others, are on the run.
The accused persons were alleged to have robbed Mr Kwaku Duah, who lives in Europe, at a hotel in Accra and took away $53,000, €1,000, GH¢2,000, a black bag containing two compact disc Walkman players, a set of keys, a digital camera, a Standard Chartered Bank cheque book, all valued at $4,000.
At the court’s sitting in Accra last Tuesday, the judge enquired from the prosecution why the three were not attached to the six who are already on remand.
The prosecutor, Assistant Superintendent of Police Mr George Abavelim, explained that the case had now been assigned to him.
He, therefore, prayed the court to remand the accused persons while investigations continued.
Counsel for the accused persons had prayed the court to grant them bail but the court declined and remanded them in custody.
According to the facts of the case, on February 2, 2009, Chief Inspector Adu allegedly led the team of policemen to the hotel at Dzorwulu and robbed Mr Duah of the items and the cash.
In addition, Chief Inspector Adu and his men allegedly assaulted Mr Duah, whom they had framed up with narcotic charges.
Mr Duah, who, for the past 20 years, had been living outside the country, returned to Ghana to purchase gold and, having stayed away for that long, he contacted a friend, one Amanor, who is based in Tema, to find somebody who could help him get the gold.
In the evening of Mr Duah’s arrival, Amanor took him to a house in Tema to meet the man who was supposed to be in possession of gold, but the man never showed up, after waiting for him for hours.
They, therefore, decided to have him come to Duah’s hotel the following day with the mineral for the transaction to take place.
As agreed, on the following day, February 2, Amanor showed up at the hotel around 10 a.m. with two other persons with a box containing the supposed gold.
Just before the transaction could start, Amanor asked to be excused to go into his car which was parked at the hotel car park to fetch a chemical to confirm the substance as gold.
No sooner had Amanor left the hotel room than Mr Duah received a telephone call from the hotel's reception that some heavily armed policemen were looking for him.
Mr Duah, according to the source, tried to open the door but realised that it had been locked from outside and the key taken away.
Suddenly, one of the two men, later identified as Kwame Attah, alias K, who was supposed to be holding the bag of gold, drew a pistol and threatened to kill Mr Duah if he did not surrender all the money on him.
At that point, Mr Duah was said to have hit the hand of the gunman and the weapon dropped. He managed to escape through the window of his hotel room, only to be pounced upon outside by six policemen, all wielding guns.
Chief Inspector Adu was said to have given the victim a slap, after which he ordered his boys who had no name tags or police numbers on their uniforms to drag him into a waiting Mercedes Benz car.
The other vehicles were a red Toyota Corolla, with registration number GS 2119 Z, and a red Dodge Durango pick-up, with temporary registration number DV 4951 and which was driven by Kwame Attah.
According to the report, before they violently dragged Mr Duah into the car, the accused persons and their accomplices conducted a body search on him and took away the cash and items on him.
The policemen also ransacked his hotel room, taking away the other items.
According to security sources, instead of taking Mr Duah to the police station, Chief Inspector Adu drove the victim to a drinking spot at the Tesano Police Depot in Accra.
From there, the victim, who was said to be bleeding profusely from the assault, was taken to DSP Kwapong at the Police Depot, who directed Kwame Attah to place three wrapped materials on the victim’s laps and take a photograph of him.
The police, in addition, allegedly demanded $30,000 from the victim or have his photograph published in the media for dealing in cocaine.
When he pleaded that he did not have the money, Mr Duah was later driven by the police to Tema and dumped at a spot from where Amanor picked him up back to his hotel and a report lodged the following day at the Central Police Station, Accra.
Court sets April 1 to rule on Lotto operators case
Friday, March 6, 2009 (Page 20 Lead)
THE Accra Fast Track High Court will on Wednesday, April 1, 2009 decide whether or not to stay execution of the outlaw of private lotto pending the outcome of an appeal filed by the Ghana Lotto Operators Association (GLOA).
The court fixed the date for ruling after it heard arguments from lawyers for the GLOA and the National Lottery Authority (NLA) after the matter was referred to the court on the orders of the Supreme Court.
The Supreme Court had on February 12, 2009 quashed the dismissal of an application for stay of execution of the outlaw of private lotto following the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
GLOA filed an application for stay of execution of the Fast Track High Court’s ruling which outlawed private lotto, pending the outcome of an appeal, but the court, on November 4, 2008, dismissed it with the reason that “the applicants did not assert their rights to free market activity”.
Not satisfied with the processes which led to the court’s decision, the applicants, namely, the GLOA, consisting of Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s decision.
The Supreme Court after listening to parties in the case accordingly ordered that the application should be put before another judge for urgent consideration.
In a unanimous decision, the court held that the trial judge, Mr Justice K. A. Ofori-Atta, overstepped his boundaries when he heard the application for injunction at a time when there had been no order of transfer from the Chief Justice.
At the Fast Track High Court’s sitting in Accra counsel for the GLOA, Mr Aurelius Awuku, said there was a deliberate effort on the part of the NLA to prevent the GLOA from getting a licence to operate.
He also prayed the court to look into the Supreme Court’s ruling on July 23, 2008 which declared that “the analysis by the defendant (NLA) is largely correct except that the plaintiffs are not at the mercy of the state in seeking to participate in the state regulated lottery industry. The licensing regime has to conform to the standards set in Article 296 of the Constitution”.
The Supreme Court further ruled that “the National Lottery Authority has a duty to be fair and candid in allocating licences to those who wish to participate in the lottery business.”
According to counsel, the applicants had a right to operate private lotto, adding that it was important for the court to look into those issues while deciding whether or not to stay proceedings pending the outcome of the appeal.
Replying, counsel for the NLA, Mr Kizito Beyuo, said the Supreme Court had maintained that the Lotto Act was constitutional and must be complied with by the applicants.
He said the Act was effective in 2006, adding that exhibits available showed that apart from the applicants initial registration, they did not procure licence to operate.
Mr Beyuo stated that the GLOA had no locus at all, arguing that it was only an organisation set up to protect the interest of private lotto operators.
He further argued that the applicants had shifted from the substance of the case and for that matter the court should not entertain the application.
In the application for injunction pending the outcome of the appeal, the applicants argued that the court’s outlaw of private lotto was wrong in law and an improper exercise of discretion”.
According to the applicants , "the subsequent dismissal of our action raises serious questions of law and fact which would have to be considered by the appellate court".
An affidavit in support of their motion for stay of execution stated that the ruling of the Fast Track High Court had the potential of folding up the business of the plaintiffs, which, it said "would be irreparable in the likely event that the appellate court reverses the wrongful ruling".
It said the appeal, which was likely to succeed, touched on the fundamental human rights of the plaintiffs and accordingly prayed the court to restrain the NLA from interfering with the work or property rights of the plaintiffs, pending the determination of the appeal.
According to the applicants the Supreme Court recognised that the plaintiffs were not at the mercy of the state in seeking to participate in the state regulated lottery industry.
It further argued that the Supreme Court never said the plaintiffs could not participate in the state regulated lottery industry.
They further argued that the trial judge erred in law by summarily dismissing an action which concerned their fundamental human rights.
They said the trial judge failed in his duty to give them a fair hearing in a case involving serious issues of fact and several pieces of evidence.
The applicant/ appellants are, therefore, praying for an order to set aside the ruling of the trial court, as well as an order to restore the their action for it to be determined on the merits after a proper hearing.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
It had sued the NLA and maintained that its rights to free market activity had been impinged upon by the NLA, following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
THE Accra Fast Track High Court will on Wednesday, April 1, 2009 decide whether or not to stay execution of the outlaw of private lotto pending the outcome of an appeal filed by the Ghana Lotto Operators Association (GLOA).
The court fixed the date for ruling after it heard arguments from lawyers for the GLOA and the National Lottery Authority (NLA) after the matter was referred to the court on the orders of the Supreme Court.
The Supreme Court had on February 12, 2009 quashed the dismissal of an application for stay of execution of the outlaw of private lotto following the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
GLOA filed an application for stay of execution of the Fast Track High Court’s ruling which outlawed private lotto, pending the outcome of an appeal, but the court, on November 4, 2008, dismissed it with the reason that “the applicants did not assert their rights to free market activity”.
Not satisfied with the processes which led to the court’s decision, the applicants, namely, the GLOA, consisting of Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s decision.
The Supreme Court after listening to parties in the case accordingly ordered that the application should be put before another judge for urgent consideration.
In a unanimous decision, the court held that the trial judge, Mr Justice K. A. Ofori-Atta, overstepped his boundaries when he heard the application for injunction at a time when there had been no order of transfer from the Chief Justice.
At the Fast Track High Court’s sitting in Accra counsel for the GLOA, Mr Aurelius Awuku, said there was a deliberate effort on the part of the NLA to prevent the GLOA from getting a licence to operate.
He also prayed the court to look into the Supreme Court’s ruling on July 23, 2008 which declared that “the analysis by the defendant (NLA) is largely correct except that the plaintiffs are not at the mercy of the state in seeking to participate in the state regulated lottery industry. The licensing regime has to conform to the standards set in Article 296 of the Constitution”.
The Supreme Court further ruled that “the National Lottery Authority has a duty to be fair and candid in allocating licences to those who wish to participate in the lottery business.”
According to counsel, the applicants had a right to operate private lotto, adding that it was important for the court to look into those issues while deciding whether or not to stay proceedings pending the outcome of the appeal.
Replying, counsel for the NLA, Mr Kizito Beyuo, said the Supreme Court had maintained that the Lotto Act was constitutional and must be complied with by the applicants.
He said the Act was effective in 2006, adding that exhibits available showed that apart from the applicants initial registration, they did not procure licence to operate.
Mr Beyuo stated that the GLOA had no locus at all, arguing that it was only an organisation set up to protect the interest of private lotto operators.
He further argued that the applicants had shifted from the substance of the case and for that matter the court should not entertain the application.
In the application for injunction pending the outcome of the appeal, the applicants argued that the court’s outlaw of private lotto was wrong in law and an improper exercise of discretion”.
According to the applicants , "the subsequent dismissal of our action raises serious questions of law and fact which would have to be considered by the appellate court".
An affidavit in support of their motion for stay of execution stated that the ruling of the Fast Track High Court had the potential of folding up the business of the plaintiffs, which, it said "would be irreparable in the likely event that the appellate court reverses the wrongful ruling".
It said the appeal, which was likely to succeed, touched on the fundamental human rights of the plaintiffs and accordingly prayed the court to restrain the NLA from interfering with the work or property rights of the plaintiffs, pending the determination of the appeal.
According to the applicants the Supreme Court recognised that the plaintiffs were not at the mercy of the state in seeking to participate in the state regulated lottery industry.
It further argued that the Supreme Court never said the plaintiffs could not participate in the state regulated lottery industry.
They further argued that the trial judge erred in law by summarily dismissing an action which concerned their fundamental human rights.
They said the trial judge failed in his duty to give them a fair hearing in a case involving serious issues of fact and several pieces of evidence.
The applicant/ appellants are, therefore, praying for an order to set aside the ruling of the trial court, as well as an order to restore the their action for it to be determined on the merits after a proper hearing.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
It had sued the NLA and maintained that its rights to free market activity had been impinged upon by the NLA, following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
Tuesday, March 3, 2009
Court rejects Amega's leadership of ARS
February 27, 2009 (Page 3 Lead)
A six-year-old legal battle between an octogenarian and 12 apostles of the Apostles Revelation Society (ARS), was yesterday brought to an end, when the Accra Fast Track High Court ruled against the octogenarian remaining in office as leader of the church.
The court also declined to allow the octogenarian, Apostle James Amega, to perform the functions of leader of the ARS.
The legal tussle, which began in December, 2003, has gone through the hands of different judges but it finally rested on Mr Justice K. A. Ofori-Atta to pass judgement yesterday.
Apostle Amega, 90, sued 12 apostles of the ARS, including Reverend Apostles A. N. Tehn-Addy, C. K. M. Dorvlo, L. K. Nutsuako, O. K. Gbeku, M. Akunor and C. K. Attipoe, praying the court to set aside his purported removal on August 23, 2002, as well as any subsequent one, for breach of natural justice and due process.
The other defendants in the case were Reverend Apostles J. G. Fummey, I. K. Axorlu, R. K. Zenegba, C. M. Gbeku, R. K. Akpenyo and F. S. K. Kuadey.
Two of the defendants, namely, Reverend Apostles Gbeku and Kuadey, died in the course of the trial.
The name of a third plaintiff, Mr Dickson Owusu Abrokwah, was struck out of the case in the course of the trial because the court held that he had no course of action.
The plaintiff had also prayed the court to grant a perpetual injunction to restrain the defendants and their agents from interfering with his right to perform the functions of a leader, in accordance with the constitution, by-laws and regulations of the ARS, but the court dismissed the entire application.
It awarded costs of GH¢3,000 in favour of the defendants, who jubilated after the court’s decision.
Citing authorities to buttress the court’s decision, Mr Justice Ofori-Atta held that so long as the plaintiff was appointed by the College of Apostles, made up of the defendants, the college had the right to remove him from office.
The court also held that the processes that had brought Apostle Amega to power were invalid and that he was only elected to fill the vacuum after the Founder and Leader of the church, Mawu Fe Ame, C. K. N. Wovenu, had passed away on April 10, 1999.
It also held that the plaintiff failed to convince the court that he had been unfairly treated by the defendants.
The court, accordingly, upheld the objection raised by the defendants and dismissed the plaintiff’s suit.
In his statement of claim, the plaintiff had stated that the defendants had usurped and undermined his authority as leader of the church by revoking him as the leader, ordaining elders without his consent, adulterating his tenets, appointing new regional superintendent ministers and other ministers without going through laid down processes, among others.
However, the defendants denied the claims by the plaintiff and stated that he had no capacity to institute the action.
They also claimed that the plaintiff resorted to arbitrariness, high-handedness and divisiveness in the conduct of affairs immediately after he had been appointed leader of the church.
According to them, the plaintiff did not heed to their protests, for which reason they revoked his appointment through a letter dated August 23, 2002.
The defendants said the College of Apostles rescinded its decision after several interventions on behalf of the plaintiff and reinstated him.
They argued that contrary to their belief that the plaintiff would not resort to his arbitrariness, he became more intransigent and offensive in his conduct and consequently he was removed from office on February 6, 2003 as leader and chairman of the church.
A six-year-old legal battle between an octogenarian and 12 apostles of the Apostles Revelation Society (ARS), was yesterday brought to an end, when the Accra Fast Track High Court ruled against the octogenarian remaining in office as leader of the church.
The court also declined to allow the octogenarian, Apostle James Amega, to perform the functions of leader of the ARS.
The legal tussle, which began in December, 2003, has gone through the hands of different judges but it finally rested on Mr Justice K. A. Ofori-Atta to pass judgement yesterday.
Apostle Amega, 90, sued 12 apostles of the ARS, including Reverend Apostles A. N. Tehn-Addy, C. K. M. Dorvlo, L. K. Nutsuako, O. K. Gbeku, M. Akunor and C. K. Attipoe, praying the court to set aside his purported removal on August 23, 2002, as well as any subsequent one, for breach of natural justice and due process.
The other defendants in the case were Reverend Apostles J. G. Fummey, I. K. Axorlu, R. K. Zenegba, C. M. Gbeku, R. K. Akpenyo and F. S. K. Kuadey.
Two of the defendants, namely, Reverend Apostles Gbeku and Kuadey, died in the course of the trial.
The name of a third plaintiff, Mr Dickson Owusu Abrokwah, was struck out of the case in the course of the trial because the court held that he had no course of action.
The plaintiff had also prayed the court to grant a perpetual injunction to restrain the defendants and their agents from interfering with his right to perform the functions of a leader, in accordance with the constitution, by-laws and regulations of the ARS, but the court dismissed the entire application.
It awarded costs of GH¢3,000 in favour of the defendants, who jubilated after the court’s decision.
Citing authorities to buttress the court’s decision, Mr Justice Ofori-Atta held that so long as the plaintiff was appointed by the College of Apostles, made up of the defendants, the college had the right to remove him from office.
The court also held that the processes that had brought Apostle Amega to power were invalid and that he was only elected to fill the vacuum after the Founder and Leader of the church, Mawu Fe Ame, C. K. N. Wovenu, had passed away on April 10, 1999.
It also held that the plaintiff failed to convince the court that he had been unfairly treated by the defendants.
The court, accordingly, upheld the objection raised by the defendants and dismissed the plaintiff’s suit.
In his statement of claim, the plaintiff had stated that the defendants had usurped and undermined his authority as leader of the church by revoking him as the leader, ordaining elders without his consent, adulterating his tenets, appointing new regional superintendent ministers and other ministers without going through laid down processes, among others.
However, the defendants denied the claims by the plaintiff and stated that he had no capacity to institute the action.
They also claimed that the plaintiff resorted to arbitrariness, high-handedness and divisiveness in the conduct of affairs immediately after he had been appointed leader of the church.
According to them, the plaintiff did not heed to their protests, for which reason they revoked his appointment through a letter dated August 23, 2002.
The defendants said the College of Apostles rescinded its decision after several interventions on behalf of the plaintiff and reinstated him.
They argued that contrary to their belief that the plaintiff would not resort to his arbitrariness, he became more intransigent and offensive in his conduct and consequently he was removed from office on February 6, 2003 as leader and chairman of the church.
Thursday, February 26, 2009
Tsatsu's case before Supreme Court
Thursday, February 26, 2009 (Page 3 Lead)
FORMER President Kufuor’s pardon to Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who was convicted of causing financial loss to the state and sentenced to five years’ imprisonment, is now an issue before the Supreme Court.
The Supreme Court has expressed interest in looking into the issue and would subsequently decide whether or not the pardon granted to Mr Tsikata by Mr John Agyekum Kufuor has any effect on an application for review filed by Mr Tsikata.
Mr Tsikata, who has maintained his innocence, was convicted on June 18, 2008, for causing financial loss to the state and has since been granted an absolute and unconditional pardon by former President Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocrisy”, and has since been granted bail by the Accra Fast Track High Court, pending the outcome of an appeal he filed against his conviction.
After rejecting the pardon, Mr Tsikata filed an application praying the Supreme Court to review its decision which said the trial judge who sentenced him had not been biased.
He filed a subsequent application for extension of time to enable him to introduce fresh evidence into his application for a review.
According to the applicant, the trial judge, Mrs Justice Henrietta Abban, had interacted with the Executive before convicting him and therefore there had been an Executive interference in his trial.
The Supreme Court was expected to rule on the application for extension of time yesterday but at the court’s sitting in Accra, it emerged that the Attorney-General’s office had in its reply to Mr Tsikata, raised the issue of pardon.
Although the Attorney-General’s office filed a subsequent affidavit withdrawing the aspect of the pardon, the court expressed its desire to look into the issue.
Consequently, the court, presided over by Mr Justice William Atuguba, with Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice P. Baffoe-Bonnie, ordered parties to file the necessary papers on the issue of pardon to Mr Tsikata.
It also cited some authorities and encouraged the parties in the matter to look at them while they prepared their addresses.
It accordingly ordered the Attorney-General to file a copy of the former President’s pardon within a week, as well as file other necessary documents on the matter on or before March 13, 2009.
It also ordered Mr Tsikata to reply to the filed papers on or before March 24, 2009.
The matter was subsequently adjourned to April 8, 2009 for hearing.
The court’s decision on the issue of pardon to Mr Tsikata would then determine whether or not it would be necessary for Mr Tsikata to pursue his application for review.
At the court’s sitting in Accra yesterday, the counsel for Mr Tsikata, Professor E. V. O. Dankwa, informed the court that his client had not received a copy of the pardon and therefore did not know the terms of the pardon.
The court then ordered the Attorney-General’s office to file a copy of the pardon, as well as furnish the applicant with a copy.
FORMER President Kufuor’s pardon to Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who was convicted of causing financial loss to the state and sentenced to five years’ imprisonment, is now an issue before the Supreme Court.
The Supreme Court has expressed interest in looking into the issue and would subsequently decide whether or not the pardon granted to Mr Tsikata by Mr John Agyekum Kufuor has any effect on an application for review filed by Mr Tsikata.
Mr Tsikata, who has maintained his innocence, was convicted on June 18, 2008, for causing financial loss to the state and has since been granted an absolute and unconditional pardon by former President Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocrisy”, and has since been granted bail by the Accra Fast Track High Court, pending the outcome of an appeal he filed against his conviction.
After rejecting the pardon, Mr Tsikata filed an application praying the Supreme Court to review its decision which said the trial judge who sentenced him had not been biased.
He filed a subsequent application for extension of time to enable him to introduce fresh evidence into his application for a review.
According to the applicant, the trial judge, Mrs Justice Henrietta Abban, had interacted with the Executive before convicting him and therefore there had been an Executive interference in his trial.
The Supreme Court was expected to rule on the application for extension of time yesterday but at the court’s sitting in Accra, it emerged that the Attorney-General’s office had in its reply to Mr Tsikata, raised the issue of pardon.
Although the Attorney-General’s office filed a subsequent affidavit withdrawing the aspect of the pardon, the court expressed its desire to look into the issue.
Consequently, the court, presided over by Mr Justice William Atuguba, with Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice P. Baffoe-Bonnie, ordered parties to file the necessary papers on the issue of pardon to Mr Tsikata.
It also cited some authorities and encouraged the parties in the matter to look at them while they prepared their addresses.
It accordingly ordered the Attorney-General to file a copy of the former President’s pardon within a week, as well as file other necessary documents on the matter on or before March 13, 2009.
It also ordered Mr Tsikata to reply to the filed papers on or before March 24, 2009.
The matter was subsequently adjourned to April 8, 2009 for hearing.
The court’s decision on the issue of pardon to Mr Tsikata would then determine whether or not it would be necessary for Mr Tsikata to pursue his application for review.
At the court’s sitting in Accra yesterday, the counsel for Mr Tsikata, Professor E. V. O. Dankwa, informed the court that his client had not received a copy of the pardon and therefore did not know the terms of the pardon.
The court then ordered the Attorney-General’s office to file a copy of the pardon, as well as furnish the applicant with a copy.
Wednesday, February 25, 2009
Asutifi South case : Court rules April 8
Wednesday, February 25, 2009 (Page 3 Lead)
THE Supreme Court will, on April 8, 2009, decide whether or not to quash the ruling of the Sunyani High Court which upheld a petition that sought to restrain the declaration of the winner of the Asutifi South parliamentary election held on December 7, 2008.
The High Court had, on January 6, 2009, ruled that an application for injunction filed by the New Patriotic Party’s (NPP’s) parliamentary candidate for Asutifi South in the election, Mr Yiadom Boakye-Boateng, seeking to restrain the Electoral Commission (EC) from declaring the winner of the Asutifi South election had been properly laid before it.
Mr Collins Dauda, the National Democratic Congress (NDC) parliamentary candidate and the EC had filed a motion praying the High Court to dismiss the petition, since it had not been properly laid before it on the grounds that it should have been filed 21 days after and not before the declaration of the winner of the election.
Following the court’s decision to dismiss Mr Dauda’s opposition to the petition, he filed an application for an order of certiorari praying the Supreme Court to quash the decision of the High Court to hear the petition which sought to restrain the EC from embarking on its constitutional mandate.
At its sitting in Accra yesterday, the court, presided over by Mr Justice William Atuguba, fixed April 8, 2009 as the date for ruling on the matter, after the parties had argued their cases.
Other members of the panel were Ms Justice Sophia Akuffo, Mr Justice Date-Bah, Mrs Justice Rose Owusu and Mr Justice P. Baffoe-Bonnie.
Mr Samuel Codjoe, counsel for Mr Dauda, who is now the Minister of Lands, Forestry and Mines, argued that the High Court judge erred and exceeded his jurisdiction when, on his own, he amended Section 18 (2) of PNDC Law 284 by ruling that the payment of a deposit was not necessary for a petition to be heard.
Section 18 (2) of PNDC Law 284 states that “the presentation of an election petition under subsection (1) shall not be valid unless, within the time specified in subsection (1), the petitioner gives ¢20,000 as security for costs”.
Section 18 (1) of the law states that “an election petition shall be presented within twenty-one days after the date of the publication in the Gazette of the result of the election to which it relates, except that a petition questioning an election on an allegation of corrupt practices and specifically alleging a payment of money or to have been made by the person whose election is questioned or to have been made on his behalf to his knowledge, may be presented within twenty-one days after the date of the alleged payment”.
According to counsel for Mr Dauda, the ruling by the court was improper and ought to be quashed by the highest court of the land.
Mr Codjoe said Mr Boakye-Boateng should have waited for the election results to be published in the Gazette before commencing the action at the court, as contained in Section 18 (1) of PNDC Law 284.
Opposing the application, counsel for the respondent, Captain Nkrabeah Effah-Dartey (retd), told the court that the law allowed his counsel to be heard before the 21-day period, especially when there was an allegation of corrupt practice.
According to him, the NPP’s polling agent was the first to sign the results but that paper disappeared.
The court queried him as to whether the petition had been properly laid in conformity with Section 18 (1) of PNDC Law 284 which said a person must be elected before a petition could be filed.
Captain Effah-Dartey argued that it had been properly laid, but one of the panel members, Mrs Justice Owusu, asked him whether or not he was interpreting the law to suit his client’s interests.
Counsel stood his grounds.
Replying, counsel for the EC, Mr James Quarshie-Idun, told the court that the EC filed an appeal at the Court of Appeal challenging the High Court’s ruling, as well as an application for stay of proceedings at the High Court.
He said the position of the EC was that it should be allowed to complete its work before petitions were filed.
According to him, the Court of Appeal had since adjourned the case sine die awaiting the decision of the Supreme Court.
A Principal State-Attorney, Ms Sylvia Edusu, who represented the Attorney-General on behalf of the EC, said the Attorney-General was not opposed to the application for an order of certiorari to quash the lower court’s ruling.
THE Supreme Court will, on April 8, 2009, decide whether or not to quash the ruling of the Sunyani High Court which upheld a petition that sought to restrain the declaration of the winner of the Asutifi South parliamentary election held on December 7, 2008.
The High Court had, on January 6, 2009, ruled that an application for injunction filed by the New Patriotic Party’s (NPP’s) parliamentary candidate for Asutifi South in the election, Mr Yiadom Boakye-Boateng, seeking to restrain the Electoral Commission (EC) from declaring the winner of the Asutifi South election had been properly laid before it.
Mr Collins Dauda, the National Democratic Congress (NDC) parliamentary candidate and the EC had filed a motion praying the High Court to dismiss the petition, since it had not been properly laid before it on the grounds that it should have been filed 21 days after and not before the declaration of the winner of the election.
Following the court’s decision to dismiss Mr Dauda’s opposition to the petition, he filed an application for an order of certiorari praying the Supreme Court to quash the decision of the High Court to hear the petition which sought to restrain the EC from embarking on its constitutional mandate.
At its sitting in Accra yesterday, the court, presided over by Mr Justice William Atuguba, fixed April 8, 2009 as the date for ruling on the matter, after the parties had argued their cases.
Other members of the panel were Ms Justice Sophia Akuffo, Mr Justice Date-Bah, Mrs Justice Rose Owusu and Mr Justice P. Baffoe-Bonnie.
Mr Samuel Codjoe, counsel for Mr Dauda, who is now the Minister of Lands, Forestry and Mines, argued that the High Court judge erred and exceeded his jurisdiction when, on his own, he amended Section 18 (2) of PNDC Law 284 by ruling that the payment of a deposit was not necessary for a petition to be heard.
Section 18 (2) of PNDC Law 284 states that “the presentation of an election petition under subsection (1) shall not be valid unless, within the time specified in subsection (1), the petitioner gives ¢20,000 as security for costs”.
Section 18 (1) of the law states that “an election petition shall be presented within twenty-one days after the date of the publication in the Gazette of the result of the election to which it relates, except that a petition questioning an election on an allegation of corrupt practices and specifically alleging a payment of money or to have been made by the person whose election is questioned or to have been made on his behalf to his knowledge, may be presented within twenty-one days after the date of the alleged payment”.
According to counsel for Mr Dauda, the ruling by the court was improper and ought to be quashed by the highest court of the land.
Mr Codjoe said Mr Boakye-Boateng should have waited for the election results to be published in the Gazette before commencing the action at the court, as contained in Section 18 (1) of PNDC Law 284.
Opposing the application, counsel for the respondent, Captain Nkrabeah Effah-Dartey (retd), told the court that the law allowed his counsel to be heard before the 21-day period, especially when there was an allegation of corrupt practice.
According to him, the NPP’s polling agent was the first to sign the results but that paper disappeared.
The court queried him as to whether the petition had been properly laid in conformity with Section 18 (1) of PNDC Law 284 which said a person must be elected before a petition could be filed.
Captain Effah-Dartey argued that it had been properly laid, but one of the panel members, Mrs Justice Owusu, asked him whether or not he was interpreting the law to suit his client’s interests.
Counsel stood his grounds.
Replying, counsel for the EC, Mr James Quarshie-Idun, told the court that the EC filed an appeal at the Court of Appeal challenging the High Court’s ruling, as well as an application for stay of proceedings at the High Court.
He said the position of the EC was that it should be allowed to complete its work before petitions were filed.
According to him, the Court of Appeal had since adjourned the case sine die awaiting the decision of the Supreme Court.
A Principal State-Attorney, Ms Sylvia Edusu, who represented the Attorney-General on behalf of the EC, said the Attorney-General was not opposed to the application for an order of certiorari to quash the lower court’s ruling.
Unemployed on kidnap charge
Friday, February 20, 2009 (Page 14)
A 20-year-old unemployed is in the grips of the law for kidnapping a teenager for a $2,000 ransom before her release.
Erick Launcelot Kugblenu, is alleged to have threatened to kill his captive if her parents did not pay the ransom.
In December, 2008 he succeeded in colleting GH¢300 from his captive's parents before releasing her.
Not satisfied with his earlier action, he again kidnapped the victim on January 15, 2009 and called the girl's father on January 19, 2009 demanding $2,000 before he released her.
The victim's father reported the matter to the police leading to the subsequent arrest of Kugblenu.
Kugblenu was put before an Accra circuit court on Wednesday, charged with one count of kidnapping.
He pleaded not guilty and the court, presided over by Mrs Ivy Heward-Mills remanded him to reappear on March 4, 2009.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused person and the victim had attended the same secondary school and completed in 2006 and 2007 respectively.
According to the prosecution, the two had an affair that resulted in the girl getting pregnant.
The accused person, however, refused to accept responsibility for the pregnancy.
On December 12, 2008 the accused person lured the girl to his house and unlawfully detained her.
He later called the girl's father to inform him that the girl had been kidnapped and would only be released if he paid the GH¢300 to which the victim's father obliged.
A 20-year-old unemployed is in the grips of the law for kidnapping a teenager for a $2,000 ransom before her release.
Erick Launcelot Kugblenu, is alleged to have threatened to kill his captive if her parents did not pay the ransom.
In December, 2008 he succeeded in colleting GH¢300 from his captive's parents before releasing her.
Not satisfied with his earlier action, he again kidnapped the victim on January 15, 2009 and called the girl's father on January 19, 2009 demanding $2,000 before he released her.
The victim's father reported the matter to the police leading to the subsequent arrest of Kugblenu.
Kugblenu was put before an Accra circuit court on Wednesday, charged with one count of kidnapping.
He pleaded not guilty and the court, presided over by Mrs Ivy Heward-Mills remanded him to reappear on March 4, 2009.
Prosecuting, an Assistant Superintendent of Police, Mr George Abavelim, told the court that the accused person and the victim had attended the same secondary school and completed in 2006 and 2007 respectively.
According to the prosecution, the two had an affair that resulted in the girl getting pregnant.
The accused person, however, refused to accept responsibility for the pregnancy.
On December 12, 2008 the accused person lured the girl to his house and unlawfully detained her.
He later called the girl's father to inform him that the girl had been kidnapped and would only be released if he paid the GH¢300 to which the victim's father obliged.
Thursday, February 19, 2009
NIB boss granted bail at last
Thursday, February 19, 2009 (Page 3 Lead)
THE Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, who is standing trial at an Accra circuit court for wilfully causing financial loss of US$60 million to the state, was yesterday released from the cells of the Bureau of National Investigations (BNI).
Gyimah was granted a GH¢500,000 bail on Friday, February 13, 2009 but had to spend five nights in the BNI cells because the valuation of the property which was used as justification had not been completed.
According to Mr Bright Okyere-Agyekum, one of the lawyers for the accused person, Gyimah was released around 2.00 p.m. after officials had valued the property which is situated in Sunyani and expressed their satisfaction.
Lawyers of the accused person had, through the media, expressed their disappointment at the reluctance of the BNI to release their client, who they claimed had provided the needed documents to guarantee his release from custody.
According to the lawyers, the accused person’s sureties were ready on Friday, but for reasons only known to the BNI, the bail bond was not executed.
Gyimah allegedly committed the offence in May 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
He had pleaded not guilty to one count of wilfully causing financial loss to the state.
The facts of the case are that Eland, for its part, contracted US$45 million from Iroko Security Company Limited, after the accused person had signed the promissory notes.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
It further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to the prosecution, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Gyimah is expected to reappear on Friday, February 27, 2009.
THE Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, who is standing trial at an Accra circuit court for wilfully causing financial loss of US$60 million to the state, was yesterday released from the cells of the Bureau of National Investigations (BNI).
Gyimah was granted a GH¢500,000 bail on Friday, February 13, 2009 but had to spend five nights in the BNI cells because the valuation of the property which was used as justification had not been completed.
According to Mr Bright Okyere-Agyekum, one of the lawyers for the accused person, Gyimah was released around 2.00 p.m. after officials had valued the property which is situated in Sunyani and expressed their satisfaction.
Lawyers of the accused person had, through the media, expressed their disappointment at the reluctance of the BNI to release their client, who they claimed had provided the needed documents to guarantee his release from custody.
According to the lawyers, the accused person’s sureties were ready on Friday, but for reasons only known to the BNI, the bail bond was not executed.
Gyimah allegedly committed the offence in May 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
He had pleaded not guilty to one count of wilfully causing financial loss to the state.
The facts of the case are that Eland, for its part, contracted US$45 million from Iroko Security Company Limited, after the accused person had signed the promissory notes.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
It further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to the prosecution, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Gyimah is expected to reappear on Friday, February 27, 2009.
Wednesday, February 18, 2009
Ataa Ayi hurled before court again • For allegedly robbing 78-yr-old of GH¢1,500
Wednesday, February 18, 2009 (Page 3 Lead)
Aryee Aryeetey, alias Ataa Ayi ,was yesterday hurled before the Accra circuit court alongside two others for allegedly robbing a 78-year-old man of GH¢1,500.
Ataa Ayi, who is currently serving a 70-year jail term and another 20-year term for robbery, was alleged to have committed the offence on July 24, 2004.
Ataa Ayi, who appeared to have grown lean, wore a white T-shirt to the court and looked indifferent when a prosecution witness was called to testify in the case.
He was charged with two counts of conspiracy and robbery, along with Michael Tagoe and Mohammed Musah Azangbe.
They all pleaded not guilty to the offence but were refused bail by the court.
A fourth accused person, Prince Isaac Arthur, is said to be deceased.
The accused persons were alleged to have committed the offence with a Honda Civic car, with registration number AS 3078 R.
The first prosecution witness, Mr Sam M. Darko, said he had been sent by his employers to cash the GH¢1,500 at the Osu Branch of Barclays Bank.
According to him, he was attacked and robbed of the money at gunpoint immediately he left the banking hall.
Giving his evidence in chief, Mr Darko identified Tagoe as the one who had pushed him, making him fall in the process, while the others took the money away from him.
He, however, could not identify the other accused persons, with the explanation that he could not tell whether or not they were part of the robbery.
During cross-examination, Tagoe suggested to the witness that the evidence led by him was not true but the witness disagreed with him.
The Accra Circuit Court, in September 2008, sentenced Ataa Ayi and three others to a total of 80 years’ imprisonment with hard labour for robbery.
Ataa Ayi and the three, namely, Sarfo Sarpong, Michael Tagoe and Nana Osei, aka Razak, were found guilty of raiding the Christ Apostolic Church (CAC) at gunpoint on May 19, 2004.
They were each sentenced to five years’ imprisonment for conspiracy and 20 years’ imprisonment for robbery. Their sentences are to run concurrently.
Ataa Ayi, who is already serving a 70-year sentence imposed on him in 2006, is currently facing trial in different courts on a string of cases involving him and other accomplices.
Aryee Aryeetey, alias Ataa Ayi ,was yesterday hurled before the Accra circuit court alongside two others for allegedly robbing a 78-year-old man of GH¢1,500.
Ataa Ayi, who is currently serving a 70-year jail term and another 20-year term for robbery, was alleged to have committed the offence on July 24, 2004.
Ataa Ayi, who appeared to have grown lean, wore a white T-shirt to the court and looked indifferent when a prosecution witness was called to testify in the case.
He was charged with two counts of conspiracy and robbery, along with Michael Tagoe and Mohammed Musah Azangbe.
They all pleaded not guilty to the offence but were refused bail by the court.
A fourth accused person, Prince Isaac Arthur, is said to be deceased.
The accused persons were alleged to have committed the offence with a Honda Civic car, with registration number AS 3078 R.
The first prosecution witness, Mr Sam M. Darko, said he had been sent by his employers to cash the GH¢1,500 at the Osu Branch of Barclays Bank.
According to him, he was attacked and robbed of the money at gunpoint immediately he left the banking hall.
Giving his evidence in chief, Mr Darko identified Tagoe as the one who had pushed him, making him fall in the process, while the others took the money away from him.
He, however, could not identify the other accused persons, with the explanation that he could not tell whether or not they were part of the robbery.
During cross-examination, Tagoe suggested to the witness that the evidence led by him was not true but the witness disagreed with him.
The Accra Circuit Court, in September 2008, sentenced Ataa Ayi and three others to a total of 80 years’ imprisonment with hard labour for robbery.
Ataa Ayi and the three, namely, Sarfo Sarpong, Michael Tagoe and Nana Osei, aka Razak, were found guilty of raiding the Christ Apostolic Church (CAC) at gunpoint on May 19, 2004.
They were each sentenced to five years’ imprisonment for conspiracy and 20 years’ imprisonment for robbery. Their sentences are to run concurrently.
Ataa Ayi, who is already serving a 70-year sentence imposed on him in 2006, is currently facing trial in different courts on a string of cases involving him and other accomplices.
Tuesday, February 17, 2009
NIB boss struggling to have bail executed
Tuesday, February 17, 2009 (Page 3 Lead)
THE Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, who is standing trial at an Accra circuit court for wilfully causing financial loss of US$60 million to the state, is still struggling to have his bail executed.
He was granted a GH¢500,000 bail with four sureties, one to be justified, on Friday, February 13, 2009 but he spent the weekend in the cells of the Bureau of National Investigations (BNI).
According to his lawyers, the accused person’s sureties were ready on Friday but for reasons only known to the BNI, the bail bond was not executed.
Gyimah allegedly committed the offence in May 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
A promissory note is a signed document containing a promise to pay a stated amount of money before a particular date.
Gyimah has pleaded not guilty to one count of wilfully causing financial loss to the state.
At 8.30 a.m. yesterday, Gyimah was accompanied by a host of lawyers and family members to the premises of the Cocoa Affairs Court in Accra, ostensibly to complete processes to enable him to enjoy some freedom while the trial goes on.
The accused person, who wore an off-brown linen shirt and a pair of khaki trousers, was accompanied by lawyers, family members and BNI operatives in plain clothes.
He was taken to the court’s registry to assist in executing the bail bond while the BNI made some checks on the sureties.
The lawyers told the Daily Graphic that the BNI refused to accept Gyimah’s property as justification, for which reason another relative intervened.
As of 3.30 p.m. when the Daily Graphic left the court premises, the accused person was spotted sitting on a bench facing the cells reserved for accused persons.
He sat quietly, while his lawyers, BNI operatives, family members and friends stood and observed the surroundings.
They were apparently waiting for word from BNI operatives who were making enquiries on the property which was said to be situated in Sunyani.
Gyimah was expected to spend the night in his residence if the BNI okayed the property which had been used as justification for the bail.
Information gathered later by the Daily Graphic indicated that as of 5.40 p.m. Gyimah, his team of lawyers and BNI operatives were still at the court premises awaiting word from officials who had gone to value the property in Sunyani.
The facts of the case are that Eland, for its part, contracted US$45 million from Iroko Security Company Limited after the accused person had signed the promissory notes.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
It further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to the prosecution, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Gyimah is expected to reappear on February 27, 2009.
THE Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, who is standing trial at an Accra circuit court for wilfully causing financial loss of US$60 million to the state, is still struggling to have his bail executed.
He was granted a GH¢500,000 bail with four sureties, one to be justified, on Friday, February 13, 2009 but he spent the weekend in the cells of the Bureau of National Investigations (BNI).
According to his lawyers, the accused person’s sureties were ready on Friday but for reasons only known to the BNI, the bail bond was not executed.
Gyimah allegedly committed the offence in May 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
A promissory note is a signed document containing a promise to pay a stated amount of money before a particular date.
Gyimah has pleaded not guilty to one count of wilfully causing financial loss to the state.
At 8.30 a.m. yesterday, Gyimah was accompanied by a host of lawyers and family members to the premises of the Cocoa Affairs Court in Accra, ostensibly to complete processes to enable him to enjoy some freedom while the trial goes on.
The accused person, who wore an off-brown linen shirt and a pair of khaki trousers, was accompanied by lawyers, family members and BNI operatives in plain clothes.
He was taken to the court’s registry to assist in executing the bail bond while the BNI made some checks on the sureties.
The lawyers told the Daily Graphic that the BNI refused to accept Gyimah’s property as justification, for which reason another relative intervened.
As of 3.30 p.m. when the Daily Graphic left the court premises, the accused person was spotted sitting on a bench facing the cells reserved for accused persons.
He sat quietly, while his lawyers, BNI operatives, family members and friends stood and observed the surroundings.
They were apparently waiting for word from BNI operatives who were making enquiries on the property which was said to be situated in Sunyani.
Gyimah was expected to spend the night in his residence if the BNI okayed the property which had been used as justification for the bail.
Information gathered later by the Daily Graphic indicated that as of 5.40 p.m. Gyimah, his team of lawyers and BNI operatives were still at the court premises awaiting word from officials who had gone to value the property in Sunyani.
The facts of the case are that Eland, for its part, contracted US$45 million from Iroko Security Company Limited after the accused person had signed the promissory notes.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
It further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to the prosecution, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Gyimah is expected to reappear on February 27, 2009.
Monday, February 16, 2009
3 Govt officials sued over sale of property
Saturday, February 14, 2009 (Page 3 Lead)
TWO members of the Committee for Joint Action (CJA), a pressure group, have dragged three government functionaries to the Supreme Court for selling a government bungalow to Mr Jake Obetsebi-Lamptey, a former Minister of State.
Mr Samuel Okudzeto Ablakwa and Dr Edward Kofi Omane Boamah, both members of the CJA, have sued the Attorney-General, the Chairman of the Lands Commission and the Chief Registrar of Lands at the Lands Title Registry for allocating the property to Mr Obetsebi-Lamptey.
In the writ invoking the original jurisdiction of the Supreme Court, the applicants are praying the court to declare that by virtue of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution, the Minister for Water Resources, Works and Housing in the previous government did not have the power to direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any other person or body under any circumstances whatsoever.
They are also praying the court to order that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey was illegal and unconstitutional.
The applicants are seeking a declaration that by virtue of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution, the government was obliged to retain and continue to use, in the public interest, the property in dispute.
They are also seeking a further declaration that the purported sale of the said government bungalow, located at St Mungo Street, Ridge, Accra, by the previous government to the Mr Obetsebi-Lamptey was in utter contravention of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution.
According to the applicants, the Supreme Court should order that the purported direction by the then Minister for Water Resources, Works and Housing for the disposal, sale or outright transfer of the said property in dispute to Mr Obetsebi-Lamptey smacked of cronyism, was arbitrary, capricious, discriminatory and a gross abuse of the discretionary power vested in a public officer under the 1992 Constitution.
The applicants are praying the court to declare that a publication by the Chairman of the Lands Commission and the Chief Registrar of Lands which announced that the said property had been allocated to Mr Obetsebi-Lamptey was unconstitutional, void and must be struck out as such, since it was in contravention of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution.
Additionally, the applicants are praying for an order of perpetual injunction to restrain the Chairman of the Lands Commission and the Chief Registrar of Lands and their agents “from perfecting the registration of a parcel of land designated as Parcel No 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No 003/019/1998, on which is situated Republic of Ghana Bungalow No 2, located at St Mungo Street, Ridge, Accra, in the name of Hon Jake Obetsebi-Lamptey”.
A statement of case accompanying the writ said Mr Obetsebi-Lamptey allocated onto himself the government bungalow in dispute as his duty post and resided at the said duty post at a huge cost to the state from 2001 to 2008, although he resigned from his public office some time in 2007 to pursue his presidential ambition.
It said in 2001, when Mr Obetsebi-Lamptey was the Chief of Staff at the Presidency, the head office of the Public Works Department carried out, at his behest, renovation to the tune of GH¢17,254 “through Brockwell Construction & Engineering Limited, not to mention further additional refurbishment carried out at his instance to his taste at extraordinary expense to that state”.
According to the statement of case, Mr Obetsebi-Lamptey subsequently applied to the Chairman of the Lands Commission and the Chief Registrar of Lands for a land title certificate to effectuate what it termed “the illegal and unconstitutional transaction”.
It said the Chairman of the Lands Commission and the Chief Registrar of Lands took the above steps to regularise the grant to Mr Obetsebi-Lamptey a land certificate in relation to the said property to effectuate the purported sale of the said government bungalow and plot to him.
According to the statement of case, the applicants wrote to the then Attorney-General, protesting the sale of the said bungalow, but the Attorney-General replied and pointed out that the matter was a constitutional issue.
They further argued that the then Minister for Water Resources, Works and Housing did not have the power to “direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any person or body under such circumstances and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey is illegal and unconstitutional”.
TWO members of the Committee for Joint Action (CJA), a pressure group, have dragged three government functionaries to the Supreme Court for selling a government bungalow to Mr Jake Obetsebi-Lamptey, a former Minister of State.
Mr Samuel Okudzeto Ablakwa and Dr Edward Kofi Omane Boamah, both members of the CJA, have sued the Attorney-General, the Chairman of the Lands Commission and the Chief Registrar of Lands at the Lands Title Registry for allocating the property to Mr Obetsebi-Lamptey.
In the writ invoking the original jurisdiction of the Supreme Court, the applicants are praying the court to declare that by virtue of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution, the Minister for Water Resources, Works and Housing in the previous government did not have the power to direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any other person or body under any circumstances whatsoever.
They are also praying the court to order that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey was illegal and unconstitutional.
The applicants are seeking a declaration that by virtue of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution, the government was obliged to retain and continue to use, in the public interest, the property in dispute.
They are also seeking a further declaration that the purported sale of the said government bungalow, located at St Mungo Street, Ridge, Accra, by the previous government to the Mr Obetsebi-Lamptey was in utter contravention of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution.
According to the applicants, the Supreme Court should order that the purported direction by the then Minister for Water Resources, Works and Housing for the disposal, sale or outright transfer of the said property in dispute to Mr Obetsebi-Lamptey smacked of cronyism, was arbitrary, capricious, discriminatory and a gross abuse of the discretionary power vested in a public officer under the 1992 Constitution.
The applicants are praying the court to declare that a publication by the Chairman of the Lands Commission and the Chief Registrar of Lands which announced that the said property had been allocated to Mr Obetsebi-Lamptey was unconstitutional, void and must be struck out as such, since it was in contravention of articles 20(5), 23, 257, 258,265, 284, and 296 of the 1992 Constitution.
Additionally, the applicants are praying for an order of perpetual injunction to restrain the Chairman of the Lands Commission and the Chief Registrar of Lands and their agents “from perfecting the registration of a parcel of land designated as Parcel No 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No 003/019/1998, on which is situated Republic of Ghana Bungalow No 2, located at St Mungo Street, Ridge, Accra, in the name of Hon Jake Obetsebi-Lamptey”.
A statement of case accompanying the writ said Mr Obetsebi-Lamptey allocated onto himself the government bungalow in dispute as his duty post and resided at the said duty post at a huge cost to the state from 2001 to 2008, although he resigned from his public office some time in 2007 to pursue his presidential ambition.
It said in 2001, when Mr Obetsebi-Lamptey was the Chief of Staff at the Presidency, the head office of the Public Works Department carried out, at his behest, renovation to the tune of GH¢17,254 “through Brockwell Construction & Engineering Limited, not to mention further additional refurbishment carried out at his instance to his taste at extraordinary expense to that state”.
According to the statement of case, Mr Obetsebi-Lamptey subsequently applied to the Chairman of the Lands Commission and the Chief Registrar of Lands for a land title certificate to effectuate what it termed “the illegal and unconstitutional transaction”.
It said the Chairman of the Lands Commission and the Chief Registrar of Lands took the above steps to regularise the grant to Mr Obetsebi-Lamptey a land certificate in relation to the said property to effectuate the purported sale of the said government bungalow and plot to him.
According to the statement of case, the applicants wrote to the then Attorney-General, protesting the sale of the said bungalow, but the Attorney-General replied and pointed out that the matter was a constitutional issue.
They further argued that the then Minister for Water Resources, Works and Housing did not have the power to “direct the sale, disposal or transfer of any government or public land to Mr Obetsebi-Lamptey or any person or body under such circumstances and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any other public land to Mr Obetsebi-Lamptey is illegal and unconstitutional”.
NIB BOSS on $60 m CHARGE • For wilfully causing financial loss
Saturday, February 14, 2009 (Lead Story)
THE Managing Director of the National Investment Bank (NIB), Mr Daniel Charles Gyimah, was yesterday arraigned before an Accra circuit court, charged with wilfully causing financial loss of US$60 million to the state.
Mr Gyimah allegedly committed the offence in May, 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
A promissory note is a signed document containing a promise to pay a stated amount of money before a particular date.
Mr Gyimah pleaded not guilty to one count of wilfully causing financial loss to the state and was granted bail in the sum of GH¢500,000 with four sureties, one to be justified.
The accused person, who was accompanied by a host of lawyers, is expected to reappear on February 27, 2009.
Prosecuting, Deputy Superintendent of Police, Mr P. K. Frimpong, told the court that after the accused person had signed the promissory notes, Eland, for its part, contracted US$45 million from Iroko Security Company Limited.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Mr Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
The prosecution further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to Mr Frimpong, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Mr Frimpong prayed the court to remand the accused person on the grounds that investigations were ongoing.
His submission received a sharp disagreement from Mr Ken Brookman-Amissah, the lead counsel for the accused person, who claimed that the bank had not paid the said amount to any company and for that matter his client could not be held liable.
Counsel informed the court that his client had a health problem and had even been denied his medications while he was in custody.
Mr Brookman-Amissah further stated that his client’s service passport had been confiscated by officials of the Bureau of National Investigations (BNI) and, therefore, prayed the court to grant Mr Gyimah bail, since he would co-operate with the police and the court during the trial.
The court took into account the fact that no money had been paid by the bank with regard to the case and accordingly granted the accused person bail.
THE Managing Director of the National Investment Bank (NIB), Mr Daniel Charles Gyimah, was yesterday arraigned before an Accra circuit court, charged with wilfully causing financial loss of US$60 million to the state.
Mr Gyimah allegedly committed the offence in May, 2007 when he unilaterally used the bank as a guarantor for Eland International (Ghana) Limited, a private company, by signing 30 promissory notes, all valued at US$60 million.
A promissory note is a signed document containing a promise to pay a stated amount of money before a particular date.
Mr Gyimah pleaded not guilty to one count of wilfully causing financial loss to the state and was granted bail in the sum of GH¢500,000 with four sureties, one to be justified.
The accused person, who was accompanied by a host of lawyers, is expected to reappear on February 27, 2009.
Prosecuting, Deputy Superintendent of Police, Mr P. K. Frimpong, told the court that after the accused person had signed the promissory notes, Eland, for its part, contracted US$45 million from Iroko Security Company Limited.
Iroko Security was expected to deduct the US$45 million from the US$60 million on January 1, 2009 but that did not materialise because Eland’s accounts had not been credited with the US$60 million.
The company, therefore, enquired from the NIB to confirm whether or not Eland’s accounts had been credited.
According to the prosecution, Mr Gyimah allegedly ordered the International Banking Section of the NIB to confirm payment, which was done.
The prosecution further stated that most of the major documents covering the transaction between the NIB and Eland could not be traced.
According to Mr Frimpong, the accused person admitted in his statement that he had embarked on the transaction without contacting the board of directors of the bank.
Mr Frimpong prayed the court to remand the accused person on the grounds that investigations were ongoing.
His submission received a sharp disagreement from Mr Ken Brookman-Amissah, the lead counsel for the accused person, who claimed that the bank had not paid the said amount to any company and for that matter his client could not be held liable.
Counsel informed the court that his client had a health problem and had even been denied his medications while he was in custody.
Mr Brookman-Amissah further stated that his client’s service passport had been confiscated by officials of the Bureau of National Investigations (BNI) and, therefore, prayed the court to grant Mr Gyimah bail, since he would co-operate with the police and the court during the trial.
The court took into account the fact that no money had been paid by the bank with regard to the case and accordingly granted the accused person bail.
Thursday, February 12, 2009
Court strikes out petition filed by Kojo Smith
Thursday, February 12, 2009 (Page 48)
THE Accra Fast Track High Court today struck out the a petition filed by the NPP Parliamentary candidate for the Ablekuma South Constituency in the December 2008 polls, Mr Francis Kojo Sackey-Smith which prayed the court to restrain Mr Fritz Baffour from holding himself as MP of the constituency.
Mr Sackey-Smith had also prayed the court to declare the results announced by the EC which gave Mr Fritz Baffour victory in the election as null and void.
Other respondents in the petition were the Electoral Commission and the returning officer referred to as Atiso.
However, the court, presided over by Mr Justice K. A. Ofori-Atta, dismissed the petition on the grounds that the petitioner did not pay security for cost.
Security for cost is an amount deposited in court as guarantee in the event cost is awarded in favour of the defendant (Mr Baffour).
At the court’s sitting in Accra today, counsel for the respondent, Mr Samuel Cudjoe, told the court that although, the petitioner filed the petition within the 21-day permitted period after the gazette of the election results, he did not pay for the security cost.
However, counsel for the petitioner said the court did not determine the amount to be paid by Mr Sackey-Smith.
Replying, counsel for the Electoral Commission, Mr James Idun, said Mr Sackey-Smith should have applied to the court for the amount to be determined but he failed to do so.
The court acordingly struck out the petition but declined to award cost against Mr Sackey-Smith.
Other reliefs being sought by the aggrieved parliamentary candidate in the petition included a recount of ballot and a declaration that he was the true winner of the election.
Mr Sackey-Smith had earlier filed a writ at the court but later withdrew it as a result of procedural flaws.
In the new petition filed on Tuesday, January 6, 2009, Mr Sackey-Smith catalogued a series of irregularities which he said gave credence to his challenge of the results.
THE Accra Fast Track High Court today struck out the a petition filed by the NPP Parliamentary candidate for the Ablekuma South Constituency in the December 2008 polls, Mr Francis Kojo Sackey-Smith which prayed the court to restrain Mr Fritz Baffour from holding himself as MP of the constituency.
Mr Sackey-Smith had also prayed the court to declare the results announced by the EC which gave Mr Fritz Baffour victory in the election as null and void.
Other respondents in the petition were the Electoral Commission and the returning officer referred to as Atiso.
However, the court, presided over by Mr Justice K. A. Ofori-Atta, dismissed the petition on the grounds that the petitioner did not pay security for cost.
Security for cost is an amount deposited in court as guarantee in the event cost is awarded in favour of the defendant (Mr Baffour).
At the court’s sitting in Accra today, counsel for the respondent, Mr Samuel Cudjoe, told the court that although, the petitioner filed the petition within the 21-day permitted period after the gazette of the election results, he did not pay for the security cost.
However, counsel for the petitioner said the court did not determine the amount to be paid by Mr Sackey-Smith.
Replying, counsel for the Electoral Commission, Mr James Idun, said Mr Sackey-Smith should have applied to the court for the amount to be determined but he failed to do so.
The court acordingly struck out the petition but declined to award cost against Mr Sackey-Smith.
Other reliefs being sought by the aggrieved parliamentary candidate in the petition included a recount of ballot and a declaration that he was the true winner of the election.
Mr Sackey-Smith had earlier filed a writ at the court but later withdrew it as a result of procedural flaws.
In the new petition filed on Tuesday, January 6, 2009, Mr Sackey-Smith catalogued a series of irregularities which he said gave credence to his challenge of the results.
CEPS can't form of organised labour
Thursday, February 12,2009 (Page 3 Lead)
THE Supreme Court has quashed the dismissal of an application for stay of execution of the outlaw of private lotto.
The Ghana Lotto Operators Association (GLOA) filed an application for stay of execution of the Fast Track High Court’s ruling which outlawed private lotto, pending the outcome of an appeal, but the court, on November 4, 2008, dismissed it with the reason that “the applicants did not assert their rights to free market activity”.
Not satisfied with the processes which led to the court’s decision, the applicants, namely, the GLOA, consisting of Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s decision.
It, accordingly, ordered that the application should be put before another judge for urgent consideration.
In a unanimous decision, the court held that the trial judge, Mr Justice K. A. Ofori-Atta, overstepped his boundaries when he heard the application for injunction at a time when there had been no order of transfer from the Chief Justice.
The court, presided over by Mr Justice William Atuguba, Mr Justice Date Bah, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mrs Justice Rose Owusu, accordingly ordered that the application for injunction should be put before Mr Justice Edward Asante for hearing.
It awarded GH¢1,000 costs against the National Lottery Authority (NLA), the interested party in the case.
The matter was before Mr Justice Asante but it was withdrawn on October 22, 2008 and put before Mr Justice Ofori-Atta who, the court ruled, had not been ordered by the Chief Justice to hear the matter as stipulated under the High Court Rules.
The court further held that the registrar of the Fast Track High Court exercised a jurisdiction he did not have by transferring the matter from Mr Justice Asante’s court to Mr Justice Ofori-Atta’s.
According to the GLOA, the learned trial judge lacked the jurisdiction to hear the application for injunction pending appeal following the outlawing of private lotto with the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
In its ruling, the court said the matter should be put before Mr Justice Asante for urgent consideration, considering the fact that the matter bordered on revenue generation for the state.
Counsel for the GLOA, Mr Aurelius Awuku, prayed the court to award GH¢5,000 costs against the NLA, but counsel for the NLA, Mr Kizito Beyuo, objected, with the reason that the NLA was at that instant only an interested party.
The court, however, used its discretion and awarded GH¢1,000 costs against the NLA.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
It had sued the NLA and maintained that its rights to free market activity had been impinged upon by the NLA, following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
After filing the appeal, the GLOA filed another application praying the court to stay execution of its judgement, pending the outcome of the appeal which it (GLOA) said had a good chance of success.
However, on November 4, 2008, the court, presided over by Mr Justice Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
The grounds of the motion to the Supreme Court were that the matter challenging the constitutionality or otherwise of the Lotto Act had been put before Mr Justice Asante, after it had been transferred from Mr Justice Anthony Abada’s court by the Chief Justice.
In its statement of case, the applicant stated that Mr Justice Asante adjourned hearing of the case to October 22, 2008 but on the next adjourned date it emerged that Mr Justice Asante was on leave and for that matter a court clerk adjourned it to November 6, 2008.
“On the same day of October 22, 2008, the case was called at the High Court Fast Track 2, presided over by Mr Justice Ofori-Atta, who heard submissions in the absence of the applicant and its counsel. The learned trial judge then adjourned the pending application for ruling on November 4, 2008,” it stated.
It further argued that on November 4, 2008, counsel for the applicant appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
According to the applicant, “since the case was transferred to Justice Asante by an order from the Chief Justice, it is only another order from the Chief Justice that can put the case before him (Justice Ofori-Atta) to determine”.
The applicant argued that “in the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal”.
Citing authorities to support its argument, the applicant held that it was evident that the registrar of the Fast Track High Court, and not the Chief Justice, had transferred the case to Justice Ofori-Atta’s court.
“The registrar sought to arrogate to himself the powers of the Chief Justice, which he did not have, and had no authority of the Chief Justice to act in that regard,” the GLOA stated.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiff’s suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
THE Supreme Court has quashed the dismissal of an application for stay of execution of the outlaw of private lotto.
The Ghana Lotto Operators Association (GLOA) filed an application for stay of execution of the Fast Track High Court’s ruling which outlawed private lotto, pending the outcome of an appeal, but the court, on November 4, 2008, dismissed it with the reason that “the applicants did not assert their rights to free market activity”.
Not satisfied with the processes which led to the court’s decision, the applicants, namely, the GLOA, consisting of Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises, filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s decision.
It, accordingly, ordered that the application should be put before another judge for urgent consideration.
In a unanimous decision, the court held that the trial judge, Mr Justice K. A. Ofori-Atta, overstepped his boundaries when he heard the application for injunction at a time when there had been no order of transfer from the Chief Justice.
The court, presided over by Mr Justice William Atuguba, Mr Justice Date Bah, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira and Mrs Justice Rose Owusu, accordingly ordered that the application for injunction should be put before Mr Justice Edward Asante for hearing.
It awarded GH¢1,000 costs against the National Lottery Authority (NLA), the interested party in the case.
The matter was before Mr Justice Asante but it was withdrawn on October 22, 2008 and put before Mr Justice Ofori-Atta who, the court ruled, had not been ordered by the Chief Justice to hear the matter as stipulated under the High Court Rules.
The court further held that the registrar of the Fast Track High Court exercised a jurisdiction he did not have by transferring the matter from Mr Justice Asante’s court to Mr Justice Ofori-Atta’s.
According to the GLOA, the learned trial judge lacked the jurisdiction to hear the application for injunction pending appeal following the outlawing of private lotto with the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
In its ruling, the court said the matter should be put before Mr Justice Asante for urgent consideration, considering the fact that the matter bordered on revenue generation for the state.
Counsel for the GLOA, Mr Aurelius Awuku, prayed the court to award GH¢5,000 costs against the NLA, but counsel for the NLA, Mr Kizito Beyuo, objected, with the reason that the NLA was at that instant only an interested party.
The court, however, used its discretion and awarded GH¢1,000 costs against the NLA.
The GLOA has, in the past year, lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
It had sued the NLA and maintained that its rights to free market activity had been impinged upon by the NLA, following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
After filing the appeal, the GLOA filed another application praying the court to stay execution of its judgement, pending the outcome of the appeal which it (GLOA) said had a good chance of success.
However, on November 4, 2008, the court, presided over by Mr Justice Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
The grounds of the motion to the Supreme Court were that the matter challenging the constitutionality or otherwise of the Lotto Act had been put before Mr Justice Asante, after it had been transferred from Mr Justice Anthony Abada’s court by the Chief Justice.
In its statement of case, the applicant stated that Mr Justice Asante adjourned hearing of the case to October 22, 2008 but on the next adjourned date it emerged that Mr Justice Asante was on leave and for that matter a court clerk adjourned it to November 6, 2008.
“On the same day of October 22, 2008, the case was called at the High Court Fast Track 2, presided over by Mr Justice Ofori-Atta, who heard submissions in the absence of the applicant and its counsel. The learned trial judge then adjourned the pending application for ruling on November 4, 2008,” it stated.
It further argued that on November 4, 2008, counsel for the applicant appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
According to the applicant, “since the case was transferred to Justice Asante by an order from the Chief Justice, it is only another order from the Chief Justice that can put the case before him (Justice Ofori-Atta) to determine”.
The applicant argued that “in the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal”.
Citing authorities to support its argument, the applicant held that it was evident that the registrar of the Fast Track High Court, and not the Chief Justice, had transferred the case to Justice Ofori-Atta’s court.
“The registrar sought to arrogate to himself the powers of the Chief Justice, which he did not have, and had no authority of the Chief Justice to act in that regard,” the GLOA stated.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiff’s suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Tsikata prays court to review decision
Wednesday, February 11, 2009 (Page 3 Lead)
THE former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, has filed an application praying the Supreme Court to review its decision which stated that the judge who sentenced him to five years’ imprisonment with hard labour had not been biased.
Mr Tsikata, who was convicted on June 18, 2008 for causing financial loss to the state, has since been granted an absolute and unconditional pardon by former President J. A. Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocrisy”, and has since been granted bail by the Accra Fast Track High Court pending the outcome of an appeal he filed against his conviction.
At the Supreme Court’s sitting in Accra yesterday, counsel for Mr Tsikata, Professor E. V. O. Dankwa, prayed for an extension of time to introduce fresh evidence into his client’s application for a review.
According to the applicant, the trial judge, Mrs Justice Henrietta Abban, had interacted with the executive before convicting him and for that matter there had been an executive interference in his trial.
He said the trial judge’s utterances on the day of judgement pre-supposed that she had interacted with the executive before passing judgement.
The applicant explained that he could not complete his application for review because he was in prison at the time and, therefore, needed an extension of time.
A Chief State Attorney, Mr Matthew Amponsah, did not object to the application for extension of time but opposed Mr Tsikata’s motion to introduce fresh evidence into the case.
The court, presided over by Mr Justice William Atuguba, fixed February 25, 2009 as the date for ruling on the application to introduce fresh evidence.
Other members of the panel are Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice P. Baffoe-Bonnie.
On October 27, 2008, the Supreme Court held that the trial judge exercised her discretion properly and lawfully when she refused to adjourn proceedings on the date Tsikata was imprisoned.
“From the record, the applicant was treated equally by the judge without any discrimination. It also follows that the trial judge performed her duty in the application before her with fairness and the requisite degree of candour. In our view, she exercised her discretion in the matter judicially and in compliance with Article 296,” the court declared.
Dissatisfied with the court’s decision, Mr Tsikata filed the application for review.
Before his conviction on June 18, 2008, Tsikata had prayed the Accra Fast Track High Court to adjourn proceedings, since his counsel was not present to move an application to lead fresh evidence in the matter in which he had been accused of causing financial loss to the state.
However, the trial judge declined to adjourn proceedings and, accordingly, directed Tsikata to move his application but he refused.
Mrs Justice Abban then dismissed the application for want of prosecution and went ahead to deliver judgement, which was to have been delivered in December 2006 but had been on hold awaiting the outcome of interlocutory appeals filed by Tsikata.
Tsikata then filed an application at the Supreme Court praying the court to quash the processes which led to his conviction, as well as arrest its judgement on whether or not to order the International Finance Corporation (IFC) to testify in his case.
The court, on October 16, 2008, dismissed both applications and described them as without merit and informed parties in the matter that the court would file its reasons on Friday, October 24, 2008.
Tsikata was found guilty on June 18, 2008 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.
He was charged in 2002 with the offence for guaranteeing a loan for Valley Farms, a private cocoa producing company, on behalf of the GNPC and another count of misapplying GH¢2,000 of 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.
He, however, denied any wrongdoing.
THE former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata, has filed an application praying the Supreme Court to review its decision which stated that the judge who sentenced him to five years’ imprisonment with hard labour had not been biased.
Mr Tsikata, who was convicted on June 18, 2008 for causing financial loss to the state, has since been granted an absolute and unconditional pardon by former President J. A. Kufuor.
He has, however, rejected the pardon, describing the former President’s gesture as “hypocrisy”, and has since been granted bail by the Accra Fast Track High Court pending the outcome of an appeal he filed against his conviction.
At the Supreme Court’s sitting in Accra yesterday, counsel for Mr Tsikata, Professor E. V. O. Dankwa, prayed for an extension of time to introduce fresh evidence into his client’s application for a review.
According to the applicant, the trial judge, Mrs Justice Henrietta Abban, had interacted with the executive before convicting him and for that matter there had been an executive interference in his trial.
He said the trial judge’s utterances on the day of judgement pre-supposed that she had interacted with the executive before passing judgement.
The applicant explained that he could not complete his application for review because he was in prison at the time and, therefore, needed an extension of time.
A Chief State Attorney, Mr Matthew Amponsah, did not object to the application for extension of time but opposed Mr Tsikata’s motion to introduce fresh evidence into the case.
The court, presided over by Mr Justice William Atuguba, fixed February 25, 2009 as the date for ruling on the application to introduce fresh evidence.
Other members of the panel are Ms Justice Sophia Akuffo, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Mrs Justice Rose Owusu, Mr Justice Jones Dotse and Mr Justice P. Baffoe-Bonnie.
On October 27, 2008, the Supreme Court held that the trial judge exercised her discretion properly and lawfully when she refused to adjourn proceedings on the date Tsikata was imprisoned.
“From the record, the applicant was treated equally by the judge without any discrimination. It also follows that the trial judge performed her duty in the application before her with fairness and the requisite degree of candour. In our view, she exercised her discretion in the matter judicially and in compliance with Article 296,” the court declared.
Dissatisfied with the court’s decision, Mr Tsikata filed the application for review.
Before his conviction on June 18, 2008, Tsikata had prayed the Accra Fast Track High Court to adjourn proceedings, since his counsel was not present to move an application to lead fresh evidence in the matter in which he had been accused of causing financial loss to the state.
However, the trial judge declined to adjourn proceedings and, accordingly, directed Tsikata to move his application but he refused.
Mrs Justice Abban then dismissed the application for want of prosecution and went ahead to deliver judgement, which was to have been delivered in December 2006 but had been on hold awaiting the outcome of interlocutory appeals filed by Tsikata.
Tsikata then filed an application at the Supreme Court praying the court to quash the processes which led to his conviction, as well as arrest its judgement on whether or not to order the International Finance Corporation (IFC) to testify in his case.
The court, on October 16, 2008, dismissed both applications and described them as without merit and informed parties in the matter that the court would file its reasons on Friday, October 24, 2008.
Tsikata was found guilty on June 18, 2008 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.
He was charged in 2002 with the offence for guaranteeing a loan for Valley Farms, a private cocoa producing company, on behalf of the GNPC and another count of misapplying GH¢2,000 of 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.
He, however, denied any wrongdoing.
Friday, January 9, 2009
GLOA congratulates President Mills
Thursday, January 8, 2009 (Page 12)
THE Ghana Lotto Operators Association (GLOA) has congratulated the President-elect, Professor John Evans Atta Mills on his victory in the December polls.
"It is our prayer that the good Lord will grant you wisdom and strength to enable you succeed in the arduous task ahead with distinction," Mr Seth Amoani, the General Secretary of the GLOA, an association made up of more than 500,000 members stated.
At a press briefing in Accra today, Mr Amoani on behalf of the association said "we remain trusting that with determination you would be able to fulfil your promise and commitment to help the private sector grow without exceptions."
The GLOA reminded Professor Mills on his promise to revive the private lotto industry which has been outlawed with the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
"We further wish to pledge our unflinching support to you in your endeavour to finding a lasting solution to problems affecting the lotto industry," the GLOA consisting Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises had sought to question the constitutionality of the National Lottery Authority (NLA) Act 2006, Act 722 pointed out.
The association also expressed the hope that Professor Mills' experience in government would enable him to confront the challenges that might come his way for the benefit of all.
Professor Mills is on record to have stated that he would address problems that confronted the private lotto industry following the passage of the Lotto Act in order to revamp the industry.
The GLOA has in the past year lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
The association has, nevertheless, filed another motion praying the Supreme Court to quash the proceedings which led to the dismissal of an application for injunction pending an appeal against the outlaw of private lotto in the country.
The GLOA had sued the National Lottery Authority (NLA) and maintained that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
After filing the appeal, the GLOA filed another application praying the court to stay execution of its judgement pending the outcome of the appeal which it (GLOA) said had a good chance of success.
However, on November 4, 2008, the court, presided over by Mr Justice K.A. Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
Following the lower court’s decision, the GLOA filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s proceedings on October 22, 2008 which led to the subsequent dismissal of its application for injunction.
It is also praying the Supreme Court to order the stay of execution of the court’s ruling which the GLOA said impinged on its right to access to free market activity.
According to the GLOA, the learned trial judge lacked the jurisdiction to hear the application for injunction pending appeal.
The application is expected to be moved on Tuesday, January 13, 2009.
The grounds of the motion were that the matter challenging the constitutionality or otherwise of the Lotto Act had been put before Mr Justice Edward Asante after it was transferred from Mr Justice Anthony Abada’s court by the Chief Justice.
In its statement of case, the applicant stated that Mr Justice Asante adjourned hearing of the case to October 22, 2008 but on the next adjourned date it emerged that Mr Justice Asante was on leave and for that matter a court clerk adjourned it to November 6, 2008.
“On the same day of October 22, 2008, the case was called at the High Court Fast Track 2 presided over by Mr Justice Ofori-Atta who heard submissions in the absence of the applicant and its counsel. The learned trial judge then adjourned the pending application for ruling on November 4, 2008,” it stated.
It further argued that on November 4, 2008, counsel for the applicant appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
According to the applicant, “since the case was transferred to Justice Asante by an order from the Chief Justice, it is only another order from the Chief Justice that can put the case before him (Justice Ofori-Atta) to determine”.
The applicant argued that “in the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal”.
Citing authorities to support its argument, the applicant held that it was evident that the registrar of the Fast Track High Court, and not the Chief Justice, transferred the case to Justice Ofori-Atta’s court.
“The registrar sought to arrogate to himself the powers of the Chief Justice, which he did not have, and had no authority of the Chief Justice to act in that regard,” the GLOA stated.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiff’s suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
THE Ghana Lotto Operators Association (GLOA) has congratulated the President-elect, Professor John Evans Atta Mills on his victory in the December polls.
"It is our prayer that the good Lord will grant you wisdom and strength to enable you succeed in the arduous task ahead with distinction," Mr Seth Amoani, the General Secretary of the GLOA, an association made up of more than 500,000 members stated.
At a press briefing in Accra today, Mr Amoani on behalf of the association said "we remain trusting that with determination you would be able to fulfil your promise and commitment to help the private sector grow without exceptions."
The GLOA reminded Professor Mills on his promise to revive the private lotto industry which has been outlawed with the passage of the National Lottery Authority (NLA) Act 2006, Act 722.
"We further wish to pledge our unflinching support to you in your endeavour to finding a lasting solution to problems affecting the lotto industry," the GLOA consisting Obiri Asare and Sons Limited, Rambel Enterprises Limited, Dan Multipurpose Trading Enterprise Limited, Agrop Association Limited, Star Lotto Limited and From-Home Enterprises had sought to question the constitutionality of the National Lottery Authority (NLA) Act 2006, Act 722 pointed out.
The association also expressed the hope that Professor Mills' experience in government would enable him to confront the challenges that might come his way for the benefit of all.
Professor Mills is on record to have stated that he would address problems that confronted the private lotto industry following the passage of the Lotto Act in order to revamp the industry.
The GLOA has in the past year lost four different motions it filed challenging the eligibility of the Lotto Act right from the Fast Track High Court, the Court of Appeal and the Supreme Court.
The association has, nevertheless, filed another motion praying the Supreme Court to quash the proceedings which led to the dismissal of an application for injunction pending an appeal against the outlaw of private lotto in the country.
The GLOA had sued the National Lottery Authority (NLA) and maintained that its rights to free market activity had been impinged upon by the NLA following the passage of the National Lottery Authority (NLA) Act 2006, Act 722, but the Fast Track High Court dismissed the application, prompting the GLOA to appeal.
After filing the appeal, the GLOA filed another application praying the court to stay execution of its judgement pending the outcome of the appeal which it (GLOA) said had a good chance of success.
However, on November 4, 2008, the court, presided over by Mr Justice K.A. Ofori-Atta, said the appellants were not able to assert their right to the law of equity.
Following the lower court’s decision, the GLOA filed the application to invoke the supervisory jurisdiction of the Supreme Court to quash the Fast Track High Court’s proceedings on October 22, 2008 which led to the subsequent dismissal of its application for injunction.
It is also praying the Supreme Court to order the stay of execution of the court’s ruling which the GLOA said impinged on its right to access to free market activity.
According to the GLOA, the learned trial judge lacked the jurisdiction to hear the application for injunction pending appeal.
The application is expected to be moved on Tuesday, January 13, 2009.
The grounds of the motion were that the matter challenging the constitutionality or otherwise of the Lotto Act had been put before Mr Justice Edward Asante after it was transferred from Mr Justice Anthony Abada’s court by the Chief Justice.
In its statement of case, the applicant stated that Mr Justice Asante adjourned hearing of the case to October 22, 2008 but on the next adjourned date it emerged that Mr Justice Asante was on leave and for that matter a court clerk adjourned it to November 6, 2008.
“On the same day of October 22, 2008, the case was called at the High Court Fast Track 2 presided over by Mr Justice Ofori-Atta who heard submissions in the absence of the applicant and its counsel. The learned trial judge then adjourned the pending application for ruling on November 4, 2008,” it stated.
It further argued that on November 4, 2008, counsel for the applicant appeared before the court and objected to the delivery of the ruling on the grounds that the judge lacked jurisdiction to hear the application and deliver a ruling.
According to the applicant, “since the case was transferred to Justice Asante by an order from the Chief Justice, it is only another order from the Chief Justice that can put the case before him (Justice Ofori-Atta) to determine”.
The applicant argued that “in the absence of an order of transfer and any evidence confirming its existence, Justice Ofori-Atta overruled our objection and proceeded to dismiss the application for injunction pending appeal”.
Citing authorities to support its argument, the applicant held that it was evident that the registrar of the Fast Track High Court, and not the Chief Justice, transferred the case to Justice Ofori-Atta’s court.
“The registrar sought to arrogate to himself the powers of the Chief Justice, which he did not have, and had no authority of the Chief Justice to act in that regard,” the GLOA stated.
The Fast Track High Court’s judgement banning private lotto followed an application by the NLA, which prayed the court to dismiss the plaintiff’s suit on the premise that the Supreme Court had declared the Lotto Act constitutional and, for that reason, there was no basis for the substantive suit to continue at the lower court.
Tsatsu Tsikata freed
Wednesday, January 7, 2009 (Page 3 Lead)
PRESIDENT J.A. Kufuor has granted a free, absolute and unconditional pardon to the incarcerated former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata.
More than 500 people, including high-profile personalities who served various prison terms for causing financial loss to the state, have also been pardoned.
A statement signed by a Deputy Minister of Information, Mr Frank Agyekum, and issued in Accra yesterday said the President granted the free, absolute and unconditional pardon under his prerogative of mercy as enshrined in Article 72 of the Constitution.
The pardon means Mr Tsikata, who was sentenced to five years imprisonment by an Accra Fast Track High Court for causing financial loss to the state, and the others never committed any offence.
It also means Mr Tsikata, who is still on admission at the Cardiothoracic Centre of the Korle-Bu Teaching Hospital, and the others can be appointed into public office, as well as stand for elections, without any criminal record on their heads.
Other persons who have been granted free, absolute and unconditional pardon, although they have completed their various terms of prison sentence, are Mr Kwame Peprah, a former Minister of Finance and Economic Planning; Mr Akenteng Appiah-Menka, who served a prison term in 1986 for causing financial loss to the state, as well as Mallam Issah, a former Minister of Youth and Sports who also served a prison term under the Kufuor administration.
Other personalities who have served various prison terms for causing financial loss to the state and have been pardoned include Mr Dan Abodakpi, a former Minister of Trade and Industry, and Mr Ibrahim Adam, a former Minister of Food and Agriculture; Dr George Sepah-Yankey, a former Director at the Ministry of Finance, all under the NDC.
Other affected persons are first-time offenders who have served more than half of their prison terms, nursing mothers, prisoners above 70, seriously ill prisoners and persons serving at the President’s pleasure.
Prisoners who have been convicted for murder, rape, armed robbery, narcotic offences, defilement, manslaughter, threat of death, carrying of offensive weapons and escape from lawful custody are not included.
However, those who have been convicted for murder and have served at least 10 years, have shown remorse and are well behaved will have their sentences commuted to life imprisonment and a definite term of 20 years, with effect from the day of amnesty.
One of the lawyers for Mr Tsikata, Mr Tony Lithur, confirmed President Kufuor's unconditional pardon for Mr Tsikata in an interview with the Daily Graphic in Accra yesterday.
He, however, could not state the details of the pardon, with the explanation that those details were with Mr Tsikata.
Mr Lithur, who is a member of the National Democratic Congress' transition team on legal affairs, was in the transition meeting when the Daily Graphic called to verify whether or not Mr Tsikata had been granted a Presidential pardon.
Asked whether or not Mr Tsikata would pursue the appeal against his conviction, Mr Lithur said he could not tell at the moment.
"We are yet to study the entire content of the pardon and advise Mr Tsikata on what to do next," counsel explained.
On December 18, 2008, the Court of Appeal, by a unanimous decision, ruled that the Accra Fast Track High Court erred in dismissing the bail application pending appeal filed by Mr Tsikata.
It, therefore, upheld an appeal filed against the dismissal of the application by Tsikata against the trial judge, Mrs Justice Henrietta Abban.
According to the court, the trial judge erred in dismissing the application because at the time the application was dismissed Tsikata had not even moved it, based on the fact that he did not have a copy of the court’s judgement which was very essential for his bail application.
It said the judge could have, under the circumstance, adjourned the matter to enable Tsikata to have a copy of the judgement, instead of dismissing the application.
By the decision, the court thus restored Tsikata’s bail application but it did not give directions as to where it should be heard.
His application for bail was expected to be heard this week, according to sources.
Mrs Justice Abban, on July 20, 2008, dismissed a bail application filed by Tsikata pending an appeal against his five-year conviction for causing financial loss to the state.
According to Mrs Justice Abban, Tsikata’s refusal to move the motion for bail pending appeal was an indication that he was no longer interested in pursuing the application.
She had earlier refused to decline jurisdiction in the hearing of the bail application on the grounds that she was not biased, as had been alleged by Tsikata.
Tsikata was, on June 18, 2008, 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.
He 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 on behalf of the GNPC and another count of misapplying 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, who had maintained his innocence throughout the six-year trial, appealed against his conviction.
PRESIDENT J.A. Kufuor has granted a free, absolute and unconditional pardon to the incarcerated former Chief Executive of the Ghana National Petroleum Corporation (GNPC), Mr Tsatsu Tsikata.
More than 500 people, including high-profile personalities who served various prison terms for causing financial loss to the state, have also been pardoned.
A statement signed by a Deputy Minister of Information, Mr Frank Agyekum, and issued in Accra yesterday said the President granted the free, absolute and unconditional pardon under his prerogative of mercy as enshrined in Article 72 of the Constitution.
The pardon means Mr Tsikata, who was sentenced to five years imprisonment by an Accra Fast Track High Court for causing financial loss to the state, and the others never committed any offence.
It also means Mr Tsikata, who is still on admission at the Cardiothoracic Centre of the Korle-Bu Teaching Hospital, and the others can be appointed into public office, as well as stand for elections, without any criminal record on their heads.
Other persons who have been granted free, absolute and unconditional pardon, although they have completed their various terms of prison sentence, are Mr Kwame Peprah, a former Minister of Finance and Economic Planning; Mr Akenteng Appiah-Menka, who served a prison term in 1986 for causing financial loss to the state, as well as Mallam Issah, a former Minister of Youth and Sports who also served a prison term under the Kufuor administration.
Other personalities who have served various prison terms for causing financial loss to the state and have been pardoned include Mr Dan Abodakpi, a former Minister of Trade and Industry, and Mr Ibrahim Adam, a former Minister of Food and Agriculture; Dr George Sepah-Yankey, a former Director at the Ministry of Finance, all under the NDC.
Other affected persons are first-time offenders who have served more than half of their prison terms, nursing mothers, prisoners above 70, seriously ill prisoners and persons serving at the President’s pleasure.
Prisoners who have been convicted for murder, rape, armed robbery, narcotic offences, defilement, manslaughter, threat of death, carrying of offensive weapons and escape from lawful custody are not included.
However, those who have been convicted for murder and have served at least 10 years, have shown remorse and are well behaved will have their sentences commuted to life imprisonment and a definite term of 20 years, with effect from the day of amnesty.
One of the lawyers for Mr Tsikata, Mr Tony Lithur, confirmed President Kufuor's unconditional pardon for Mr Tsikata in an interview with the Daily Graphic in Accra yesterday.
He, however, could not state the details of the pardon, with the explanation that those details were with Mr Tsikata.
Mr Lithur, who is a member of the National Democratic Congress' transition team on legal affairs, was in the transition meeting when the Daily Graphic called to verify whether or not Mr Tsikata had been granted a Presidential pardon.
Asked whether or not Mr Tsikata would pursue the appeal against his conviction, Mr Lithur said he could not tell at the moment.
"We are yet to study the entire content of the pardon and advise Mr Tsikata on what to do next," counsel explained.
On December 18, 2008, the Court of Appeal, by a unanimous decision, ruled that the Accra Fast Track High Court erred in dismissing the bail application pending appeal filed by Mr Tsikata.
It, therefore, upheld an appeal filed against the dismissal of the application by Tsikata against the trial judge, Mrs Justice Henrietta Abban.
According to the court, the trial judge erred in dismissing the application because at the time the application was dismissed Tsikata had not even moved it, based on the fact that he did not have a copy of the court’s judgement which was very essential for his bail application.
It said the judge could have, under the circumstance, adjourned the matter to enable Tsikata to have a copy of the judgement, instead of dismissing the application.
By the decision, the court thus restored Tsikata’s bail application but it did not give directions as to where it should be heard.
His application for bail was expected to be heard this week, according to sources.
Mrs Justice Abban, on July 20, 2008, dismissed a bail application filed by Tsikata pending an appeal against his five-year conviction for causing financial loss to the state.
According to Mrs Justice Abban, Tsikata’s refusal to move the motion for bail pending appeal was an indication that he was no longer interested in pursuing the application.
She had earlier refused to decline jurisdiction in the hearing of the bail application on the grounds that she was not biased, as had been alleged by Tsikata.
Tsikata was, on June 18, 2008, 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.
He 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 on behalf of the GNPC and another count of misapplying 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, who had maintained his innocence throughout the six-year trial, appealed against his conviction.
Friday, January 2, 2009
Fast Track Court says no to first motion
Friday, January 1, 2009 (Second Lead Story)
THE Accra Fast Track High Court yesterday refused to hear an ex-parte application for interim injunction filed by the New Patriotic Party (NPP) and its Chairman, Mr Peter Mac Manu, against the Electoral Commission (EC) and its chairman.
The court, instead, indicated that looking at the nature of the case and the exigencies, it was prudent for the interested parties, namely, Prof John Evans Atta Mills, the presidential candidate of the National Democratic Congress (NDC), and the NDC to be served on notice with the pleadings to enable them to react appropriately.
He also reminded the plaintiffs that the EC was only a referee between the NPP and the NDC and for that matter it was important that the NDC was served on notice to respond to the issue raised.
Consequently, Mr Justice Edward Amoako Asante adjourned the hearing to Monday, January 5, 2009 and asked the applicants to serve the interested parties by 10 a.m. today to enable them to respond by 4 p.m on Sunday.
The applicants were represented by Mr Atta Akyea and Mrs Irene Addo. On the other side were Mr Samuel Cudjoe, who described himself as a friend of the court, Mr Tony Lithur, Mr Bram Larbi and Mr Fui Tsikata, among a host of other lawyers.
But the parties to the suit were not in court and the writ was to restrain the EC from going ahead to declare the final results of the presidential election without a re-run of the Volta Region election results.
Mr Justice Asante resumed his seat at exactly 11.45 a.m., paving the way for the day’s proceedings to start.
Tempers flared in court but the judge acted tactfully in handling the issue.
The nature of the writ was not made known and after Mr Atta Akyea had announced himself and had been asked by the court to proceed with his application, Mr Cudjoe told the court that as a friend of the court, he was of the view that its sitting was in breach of the Public Holiday Act, Act 601.
Before he could finish with his submission, the judge told him that the Chief Justice had issued a warrant to authorise the sitting, but Mr Cudjoe proceeded and indicated that it was only the President who, under Order 79 of the Rules of Court, could order the court to convene on a public holiday.
He said the Schedule of Act 601 had listed a number of days as public holidays, and they included January 1, on which any business, apart from those related to the essential services, was prohibited.
“On a public holiday, the Judicial Service cannot operate. It is an offence to sit on a public holiday,” he declared, adding that a breach of that suffered a penalty of 100 penalty units or three months imprisonment or both.
Mr Cudjoe said the only exception to the provision was when the President, by Executive Instrument, ordered the court to sit on a public holiday. Therefore, the warrant issued by the Chief Justice was wrong because she did not have the power to do that except an order from the President.
“The court will have to abide by the provision. Anybody who insists that the court sits is causing an offence,” he said.
Mr Akyea described the argument by Mr Cudjoe as unfortunate and a misrepresentation, since the President was not the head of the judiciary, although business activities in governmental institutions were covered by Act 601.
“It is Order 79 that guides this court and since counsel drew his own sword, he must die by it,” he said, and pointed out that the Chief Justice could set aside any day for the court to sit as the circumstances required.
He drew the analogy that even on a Sunday somebody had gone to the house of a judge to have judgement in his favour to prevent the taking away of a child from the jurisdiction.
According to Mr Akyea, the argument would undermine the Constitution of Ghana in which the judiciary was a separate body not answerable to the President or any authority.
He said the Court’s Act was clear that the Chief Justice could appoint any judge to sit on any day, including vacations, and, therefore, the court should exercise its jurisdiction accordingly and reject claims to appoint the President as the head of the judiciary.
“This court should not allow a crisis situation to be created because of the pleasure of a friend of the court. The objection has no basis in law because the court does not work for other essential services listed under Act 601,” he argued.
Mr Cudjoe rose and said when it came to the courts sitting during the vacation, the Chief Justice had the authority, yet she should abide by the law.
Mr Fui Tsikata also intervened to ask the court not to jeopardise the constitutional provisions by entertaining the matter in the first place because it did not have the power to make the order that it made.
”This is illegal and subverting the legal process,” he claimed.
The judge intervened in the ensuing exchanges but Mr Lithur challenged Mr Akyea over what he described as ethical issues of the law profession which would be taken up.
Mr Justice Asante ruled that having listened to the arguments, he was of teh view that yesterday was a public holiday and a vacation as well but siunce he had a warrant to go on with the case he would proceed and subsequently made teh orders.
He said
Supporters of the NDC who initially did not understand the import of the court’s action were angry but their leaders explained matters to them to calm them down.
Some of the comments they initially passed were: “When it was our time, we handed over to you peacefully. Now you don’t want to hand over peacefully”; “We cannot believe the Chief Justice can order a judge to sit on a public holiday”; “The whole world is watching you”; “Hand over power and preserve the remaining dignity you have, if any”, among many others.
That notwithstanding, they left the heavily guarded court premises calm and a bit cheerful.
THE Accra Fast Track High Court yesterday refused to hear an ex-parte application for interim injunction filed by the New Patriotic Party (NPP) and its Chairman, Mr Peter Mac Manu, against the Electoral Commission (EC) and its chairman.
The court, instead, indicated that looking at the nature of the case and the exigencies, it was prudent for the interested parties, namely, Prof John Evans Atta Mills, the presidential candidate of the National Democratic Congress (NDC), and the NDC to be served on notice with the pleadings to enable them to react appropriately.
He also reminded the plaintiffs that the EC was only a referee between the NPP and the NDC and for that matter it was important that the NDC was served on notice to respond to the issue raised.
Consequently, Mr Justice Edward Amoako Asante adjourned the hearing to Monday, January 5, 2009 and asked the applicants to serve the interested parties by 10 a.m. today to enable them to respond by 4 p.m on Sunday.
The applicants were represented by Mr Atta Akyea and Mrs Irene Addo. On the other side were Mr Samuel Cudjoe, who described himself as a friend of the court, Mr Tony Lithur, Mr Bram Larbi and Mr Fui Tsikata, among a host of other lawyers.
But the parties to the suit were not in court and the writ was to restrain the EC from going ahead to declare the final results of the presidential election without a re-run of the Volta Region election results.
Mr Justice Asante resumed his seat at exactly 11.45 a.m., paving the way for the day’s proceedings to start.
Tempers flared in court but the judge acted tactfully in handling the issue.
The nature of the writ was not made known and after Mr Atta Akyea had announced himself and had been asked by the court to proceed with his application, Mr Cudjoe told the court that as a friend of the court, he was of the view that its sitting was in breach of the Public Holiday Act, Act 601.
Before he could finish with his submission, the judge told him that the Chief Justice had issued a warrant to authorise the sitting, but Mr Cudjoe proceeded and indicated that it was only the President who, under Order 79 of the Rules of Court, could order the court to convene on a public holiday.
He said the Schedule of Act 601 had listed a number of days as public holidays, and they included January 1, on which any business, apart from those related to the essential services, was prohibited.
“On a public holiday, the Judicial Service cannot operate. It is an offence to sit on a public holiday,” he declared, adding that a breach of that suffered a penalty of 100 penalty units or three months imprisonment or both.
Mr Cudjoe said the only exception to the provision was when the President, by Executive Instrument, ordered the court to sit on a public holiday. Therefore, the warrant issued by the Chief Justice was wrong because she did not have the power to do that except an order from the President.
“The court will have to abide by the provision. Anybody who insists that the court sits is causing an offence,” he said.
Mr Akyea described the argument by Mr Cudjoe as unfortunate and a misrepresentation, since the President was not the head of the judiciary, although business activities in governmental institutions were covered by Act 601.
“It is Order 79 that guides this court and since counsel drew his own sword, he must die by it,” he said, and pointed out that the Chief Justice could set aside any day for the court to sit as the circumstances required.
He drew the analogy that even on a Sunday somebody had gone to the house of a judge to have judgement in his favour to prevent the taking away of a child from the jurisdiction.
According to Mr Akyea, the argument would undermine the Constitution of Ghana in which the judiciary was a separate body not answerable to the President or any authority.
He said the Court’s Act was clear that the Chief Justice could appoint any judge to sit on any day, including vacations, and, therefore, the court should exercise its jurisdiction accordingly and reject claims to appoint the President as the head of the judiciary.
“This court should not allow a crisis situation to be created because of the pleasure of a friend of the court. The objection has no basis in law because the court does not work for other essential services listed under Act 601,” he argued.
Mr Cudjoe rose and said when it came to the courts sitting during the vacation, the Chief Justice had the authority, yet she should abide by the law.
Mr Fui Tsikata also intervened to ask the court not to jeopardise the constitutional provisions by entertaining the matter in the first place because it did not have the power to make the order that it made.
”This is illegal and subverting the legal process,” he claimed.
The judge intervened in the ensuing exchanges but Mr Lithur challenged Mr Akyea over what he described as ethical issues of the law profession which would be taken up.
Mr Justice Asante ruled that having listened to the arguments, he was of teh view that yesterday was a public holiday and a vacation as well but siunce he had a warrant to go on with the case he would proceed and subsequently made teh orders.
He said
Supporters of the NDC who initially did not understand the import of the court’s action were angry but their leaders explained matters to them to calm them down.
Some of the comments they initially passed were: “When it was our time, we handed over to you peacefully. Now you don’t want to hand over peacefully”; “We cannot believe the Chief Justice can order a judge to sit on a public holiday”; “The whole world is watching you”; “Hand over power and preserve the remaining dignity you have, if any”, among many others.
That notwithstanding, they left the heavily guarded court premises calm and a bit cheerful.
NPP FILES WRIT • Calling for suspension of election in Tain Constituency
Friday, January 2, 2009 (Second Lead Story)
THE New Patriotic Party (NPP) yesterday afternoon filed a fresh application at the Fast Track High Court seeking an order to restrain the Electoral Commission (EC) from conducting today’s presidential run-off in the Tain Constituency.
The writ, which was filed on notice, is also seeking an order of interlocutory injunction to restrain the EC from declaring the winner of the 2008 presidential election without a re-run of the election in the Volta Region.
It was filed at 2.46 p.m. by Zoe, Akyea & Co on behalf of the NPP and its Chairman, Peter Mac Manu, against the EC and its Chairman, Dr Kwadwo Afari-Gyan.
Those affected by the writ are Prof John Evans Atta Mills and the National Democratic Congress (NDC).
The motion will be moved on Monday, January 5, 2009.
An affidavit in support of the motion said the plaintiffs were dissatisfied with the conduct of the election in the Volta Region generally and particularly in the Ho Central, Ho East, Ho West, Ave-Avenor, North Tongu, Keta, Ketu South, Hohoe South and South Dayi constituencies.
"There was massive electoral malpractice which severely compromised the election, rendering it manifestly unreliable," it pointed out.
According to plaintiffs, the results reflected in the Volta Region should not be included in the national vote tally because it would "taint/compromise the credibility, fairness and transparency of the entire presidential election of December 28, 2008".
They said on December 28, 2008, the Campaign Director of the NPP wrote a letter to the EC, complaining of the irregularities in the Volta Region poll and requested that the poll be suspended until the said irregularities had been investigated and rectified.
Plaintiffs averred that the NPP again raised the issue with the Chairman of the EC on December 30, 2008 but to no avail, adding that "the defendant has gone ahead to include the impugned results of the Volta Region poll in the tally of votes in the presidential election, without taking account of plaintiffs’ complaints nor taking steps to investigate and rectify same".
According to plaintiffs, the failure of the Chairman of the EC to consider, investigate and resolve the complaints of the plaintiff in respect of the December 28, 2008 presidential election was contrary to law and principles of natural justice.
They averred that as a result of the conduct of the EC, the results of the presidential election would not reflect the true will of the people of Ghana.
"Having due regard to the urgency of this case after January 2, 2009, a plausible case of necessity has been made to warrant the grant of an injunction in order to avoid a situation in which the plaintiffs will suffer irreparable damage," the affidavit in support of the motion stated.
"The exigencies have also not permitted us to annex our supporting documents and statement of case which we shall furnish the court in a supplementary affidavit," plaintiffs explained.
According to them, the Chairman of the EC erred when he came to the arbitrary position that the Tain Constituency was the decider, without considering the electoral malpractice in the Volta Region.
THE New Patriotic Party (NPP) yesterday afternoon filed a fresh application at the Fast Track High Court seeking an order to restrain the Electoral Commission (EC) from conducting today’s presidential run-off in the Tain Constituency.
The writ, which was filed on notice, is also seeking an order of interlocutory injunction to restrain the EC from declaring the winner of the 2008 presidential election without a re-run of the election in the Volta Region.
It was filed at 2.46 p.m. by Zoe, Akyea & Co on behalf of the NPP and its Chairman, Peter Mac Manu, against the EC and its Chairman, Dr Kwadwo Afari-Gyan.
Those affected by the writ are Prof John Evans Atta Mills and the National Democratic Congress (NDC).
The motion will be moved on Monday, January 5, 2009.
An affidavit in support of the motion said the plaintiffs were dissatisfied with the conduct of the election in the Volta Region generally and particularly in the Ho Central, Ho East, Ho West, Ave-Avenor, North Tongu, Keta, Ketu South, Hohoe South and South Dayi constituencies.
"There was massive electoral malpractice which severely compromised the election, rendering it manifestly unreliable," it pointed out.
According to plaintiffs, the results reflected in the Volta Region should not be included in the national vote tally because it would "taint/compromise the credibility, fairness and transparency of the entire presidential election of December 28, 2008".
They said on December 28, 2008, the Campaign Director of the NPP wrote a letter to the EC, complaining of the irregularities in the Volta Region poll and requested that the poll be suspended until the said irregularities had been investigated and rectified.
Plaintiffs averred that the NPP again raised the issue with the Chairman of the EC on December 30, 2008 but to no avail, adding that "the defendant has gone ahead to include the impugned results of the Volta Region poll in the tally of votes in the presidential election, without taking account of plaintiffs’ complaints nor taking steps to investigate and rectify same".
According to plaintiffs, the failure of the Chairman of the EC to consider, investigate and resolve the complaints of the plaintiff in respect of the December 28, 2008 presidential election was contrary to law and principles of natural justice.
They averred that as a result of the conduct of the EC, the results of the presidential election would not reflect the true will of the people of Ghana.
"Having due regard to the urgency of this case after January 2, 2009, a plausible case of necessity has been made to warrant the grant of an injunction in order to avoid a situation in which the plaintiffs will suffer irreparable damage," the affidavit in support of the motion stated.
"The exigencies have also not permitted us to annex our supporting documents and statement of case which we shall furnish the court in a supplementary affidavit," plaintiffs explained.
According to them, the Chairman of the EC erred when he came to the arbitrary position that the Tain Constituency was the decider, without considering the electoral malpractice in the Volta Region.
Graphic driver escapes mob action
Tuesday, December 30, 2008 (Back Page)
THE young man who was nearly lynched by a mob at Abeka Lapaz on December 28, 2008 has been identified as a driver with the Graphic Communications Group Limited (GCGL).
Mr Benjamin Amedome, who is five feet two inches tall, was mistaken for a macho man and was nearly lynched by a mob but he was rescued by the police.
Narrating his ordeal to the Daily Graphic in Accra yesterday, Mr Amedome said he had been offered a lift by one of the drivers of GCGL and later got down in front of a popular spot called the Abrantie Spot to board another vehicle to Achimota.
According to him, he saw people running up and down and when he enquired he was told that some macho men had allegedly arrived at some polling stations to snatch ballot boxes being used in the presidential run-off.
“To my surprise, I saw the crowd running towards my direction. Sensing danger, I took to my heels to save my life,” Mr Amedome narrated.
According to him, an object was thrown at him and in the process he sustained a head injury.
“I kept running for my life and but for the timely intervention of the police, I would have been dead by now,” Mr Amedome pointed out.
He explained that the police took him to the police station for safety and he was later released to seek medical care.
Mr Amedome expressed his profound gratitude to the police for saving his life.
Meanwhile, Benjamin Glover reports from Garu Tempane that two natives of Garu who were arrested by the police on Sunday for allegedly influencing and coercing voters to vote for one of the two political parties have been released.
The two, Alale Amos, 38, and Albert Alalezuuda, 41, were picked up at Zesira/Nelita for allegedly intimidating voters.
They were picked up on the instructions of the Upper East Regional Minister.
Speaking to the Daily Graphic, Assistant Superintendent of Police Mr Patrick Atim Ayisala said the two were granted police enquiry bail, adding that the police would conduct further investigations to verify the authenticity or otherwise of the allegation.
In a related development, another suspect, Alhassan Muniru, who was alleged to be in possession of two ballot papers has been detained by the police pending further investigations.
THE young man who was nearly lynched by a mob at Abeka Lapaz on December 28, 2008 has been identified as a driver with the Graphic Communications Group Limited (GCGL).
Mr Benjamin Amedome, who is five feet two inches tall, was mistaken for a macho man and was nearly lynched by a mob but he was rescued by the police.
Narrating his ordeal to the Daily Graphic in Accra yesterday, Mr Amedome said he had been offered a lift by one of the drivers of GCGL and later got down in front of a popular spot called the Abrantie Spot to board another vehicle to Achimota.
According to him, he saw people running up and down and when he enquired he was told that some macho men had allegedly arrived at some polling stations to snatch ballot boxes being used in the presidential run-off.
“To my surprise, I saw the crowd running towards my direction. Sensing danger, I took to my heels to save my life,” Mr Amedome narrated.
According to him, an object was thrown at him and in the process he sustained a head injury.
“I kept running for my life and but for the timely intervention of the police, I would have been dead by now,” Mr Amedome pointed out.
He explained that the police took him to the police station for safety and he was later released to seek medical care.
Mr Amedome expressed his profound gratitude to the police for saving his life.
Meanwhile, Benjamin Glover reports from Garu Tempane that two natives of Garu who were arrested by the police on Sunday for allegedly influencing and coercing voters to vote for one of the two political parties have been released.
The two, Alale Amos, 38, and Albert Alalezuuda, 41, were picked up at Zesira/Nelita for allegedly intimidating voters.
They were picked up on the instructions of the Upper East Regional Minister.
Speaking to the Daily Graphic, Assistant Superintendent of Police Mr Patrick Atim Ayisala said the two were granted police enquiry bail, adding that the police would conduct further investigations to verify the authenticity or otherwise of the allegation.
In a related development, another suspect, Alhassan Muniru, who was alleged to be in possession of two ballot papers has been detained by the police pending further investigations.
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