Tuesday, November 10, 2009 (Page 31)
THE Accra Circuit Court has issued a bench warrant for the arrest of the Ashanti Community Chief in Toronto, Canada, who is standing trial for allegedly defrauding a businesswoman to the tune of GH¢37,000.
Nana Bandoh, who has on several occasions refused to appear before the court to answer fraud charges, is said to be on the run.
As a result of his failure to appear before the court, the person who stood as surety for Bandoh is being processed for court.
The surety is expected to tell the court the whereabouts of the accused person or risk facing prosecution.
Bandoh and another accused person, Bentil Opoku, were alleged to have asked the complainant, Ms Edna Osei, to pay $37,000 to enable them to ship a Toyota Camry saloon car and Infinity FX 35 from Canada to Ghana.
The complainant paid $33,000 for the cars, as well as $4,000 as cost of shipping, but became shocked when she went to the port to clear the cars.
She realised that the accused persons had shipped an empty container, although they had handed over the bill of lading and keys to the cars to her.
Bandoh, who is also a personal injury consultant, has pleaded not guilty to two counts of conspiracy and defrauding by false pretence.
Assistant Superintendent of Police George Abavelim told the court that Bandoh and Opoku met the complainant, who had then travelled to Canada in December 2006, and held a meeting with her.
During the meeting, the two accused persons allegedly asked the complainant to pay $33,000 to enable them to get her the vehicles she had requested for.
The complainant paid the amount for the cars and later paid $4,000 for shipment.
According to the prosecution, a freight and forwarding agent by name Bismark Opoku was contacted to provide the ‘container’ and the necessary documents for the shipment of the cars.
The complainant gave the documents to her agent and when the agent went to the Tema
Port to clear the cars, he was surprised to find the containers empty.
The complainant lodged a complaint with the police leading to the arrest of Bandoh on June 6, 2009 at Kumasi after he had arrived in the country on May 17, 2009.
Tuesday, November 10, 2009
Monday, November 9, 2009
Odoom's suit: Preliminary ruling Nov 11
Friday, November 6, 2009 (Page 3)
THE Accra Fast Track High Court will on Wednesday, November 11, 2009, decide whether or not to detach the name of the Head of Civil Service from a suit instituted by the interdicted Principal Accountant of the Ministry of Youth and Sports.
The plaintiff, Mr Adim Odoom, filed an application for Judicial Review against the Attorney-General and the Head of the Civil Service on the grounds that he had been unfairly treated after he had exposed Alhaji Muntaka Mubarak, then Minister of Youth and Sports of financial impropriety.
However, a State Attorney, Mr Elikpim Agbemava, moved a motion at the court’s sitting in Accra today praying the court to strike out the name of the Head of Civil Service on the grounds that the attachment of the name of the Head of Civil Service to the motion contravened Article 88 of the 1992 Constitution.
According to counsel, it was unnecessary harassment of the Head of Civil Service because the constitution stipulated that the Attorney-General was the rightful body to be sued on behalf of state institutions.
Opposing the application, counsel for Mr Odoom, Mr Godfred Yeboah Dame, said the contention was misconceived and borne out of narrow interpretation of the Constitution.
He said the Constitution and other Supreme Court authorities did not exempt state institutions from suits adding that if the State’s motion was anything to go by, it would then be wrong to sue the Inspector General of Police (IGP), the Chief Justice, the Commissioner of Human Rights and Administrative Justice (CHRAJ) among other public office holders.
The court, presided over by Mrs Justice Norvisi Aryene, fixed November 11, 2009 as the date for ruling on the motion.
Earlier, the court awarded GH¢500 cost against the Attorney-General’s Department for failing to seek leave of the court before filing an amended statement of case.
It, however, admitted the statement of case before awarding the cost against the respondent.
In the substantive matter, following Mr Odoom’s claims of financial impropriety against Alhaji Mubarak, the National Security instituted investigations into the allegations and it was recommended that Mr Odoom and the Chief Director of the ministry be interdicted.
Dissatisfied with the outcome of investigations and his subsequent interdiction, Mr Odoom, who describes himself as a whistleblower, who had been unfairly treated filed the application for judicial review challenging his interdiction.
He was interdicted alongside the Chief Director of the Ministry of Youth and Sports, Mr Albert Anthony Ampong, who is also seeking a declaration that an order directed at him (Mr Ampong) to refund $20,000 and a further order that sanctions must be applied against him are unlawful.
The Accra Fast High Court has since heard Mr Ampong's application and has fixed Friday, November 27, 2009 as the day to decide the lawfulness or otherwise of his interdiction.
Like Mr Ampong, Mr Odoom is seeking a declaration that the decision of the Head of the Civil Service to implement directives from the President was unlawful.
The applicant is further praying the court to quash the decision to interdict him on the grounds that due process had not been followed and, therefore, it was a violation of the relevant laws and disciplinary regulations of the Civil Service of Ghana.
He is additionally seeking an order prohibiting the respondents from imposing any disciplinary sanctions against him on the basis of the National Security report on investigations into allegations against Alhaji Mubarak, as well as praying the court to grant an order of mandamus to compel the Head of the Civil Service to allow him to resume his normal duties as the Chief Director of the ministry, among any other orders the court might deem fit.
According to the applicant, the respondents acted illegally, unreasonably, capriciously, arbitrarily and in an unfair manner.
An affidavit in support of his application stated that he had only been called as a witness before the committee instituted to investigate Alhaji Mubarak and not as an accused person.
Mr Odoom and Mr Ampong were ordered to proceed on leave on July 7, 2009.
The A-G’s office opposed the applicants’ application and said a five-member panel had been set up since July 10, 2009 to begin hearing the applicants’ case with the object of determining their guilt or otherwise but the panel had not begun sitting in view of the present court action.
THE Accra Fast Track High Court will on Wednesday, November 11, 2009, decide whether or not to detach the name of the Head of Civil Service from a suit instituted by the interdicted Principal Accountant of the Ministry of Youth and Sports.
The plaintiff, Mr Adim Odoom, filed an application for Judicial Review against the Attorney-General and the Head of the Civil Service on the grounds that he had been unfairly treated after he had exposed Alhaji Muntaka Mubarak, then Minister of Youth and Sports of financial impropriety.
However, a State Attorney, Mr Elikpim Agbemava, moved a motion at the court’s sitting in Accra today praying the court to strike out the name of the Head of Civil Service on the grounds that the attachment of the name of the Head of Civil Service to the motion contravened Article 88 of the 1992 Constitution.
According to counsel, it was unnecessary harassment of the Head of Civil Service because the constitution stipulated that the Attorney-General was the rightful body to be sued on behalf of state institutions.
Opposing the application, counsel for Mr Odoom, Mr Godfred Yeboah Dame, said the contention was misconceived and borne out of narrow interpretation of the Constitution.
He said the Constitution and other Supreme Court authorities did not exempt state institutions from suits adding that if the State’s motion was anything to go by, it would then be wrong to sue the Inspector General of Police (IGP), the Chief Justice, the Commissioner of Human Rights and Administrative Justice (CHRAJ) among other public office holders.
The court, presided over by Mrs Justice Norvisi Aryene, fixed November 11, 2009 as the date for ruling on the motion.
Earlier, the court awarded GH¢500 cost against the Attorney-General’s Department for failing to seek leave of the court before filing an amended statement of case.
It, however, admitted the statement of case before awarding the cost against the respondent.
In the substantive matter, following Mr Odoom’s claims of financial impropriety against Alhaji Mubarak, the National Security instituted investigations into the allegations and it was recommended that Mr Odoom and the Chief Director of the ministry be interdicted.
Dissatisfied with the outcome of investigations and his subsequent interdiction, Mr Odoom, who describes himself as a whistleblower, who had been unfairly treated filed the application for judicial review challenging his interdiction.
He was interdicted alongside the Chief Director of the Ministry of Youth and Sports, Mr Albert Anthony Ampong, who is also seeking a declaration that an order directed at him (Mr Ampong) to refund $20,000 and a further order that sanctions must be applied against him are unlawful.
The Accra Fast High Court has since heard Mr Ampong's application and has fixed Friday, November 27, 2009 as the day to decide the lawfulness or otherwise of his interdiction.
Like Mr Ampong, Mr Odoom is seeking a declaration that the decision of the Head of the Civil Service to implement directives from the President was unlawful.
The applicant is further praying the court to quash the decision to interdict him on the grounds that due process had not been followed and, therefore, it was a violation of the relevant laws and disciplinary regulations of the Civil Service of Ghana.
He is additionally seeking an order prohibiting the respondents from imposing any disciplinary sanctions against him on the basis of the National Security report on investigations into allegations against Alhaji Mubarak, as well as praying the court to grant an order of mandamus to compel the Head of the Civil Service to allow him to resume his normal duties as the Chief Director of the ministry, among any other orders the court might deem fit.
According to the applicant, the respondents acted illegally, unreasonably, capriciously, arbitrarily and in an unfair manner.
An affidavit in support of his application stated that he had only been called as a witness before the committee instituted to investigate Alhaji Mubarak and not as an accused person.
Mr Odoom and Mr Ampong were ordered to proceed on leave on July 7, 2009.
The A-G’s office opposed the applicants’ application and said a five-member panel had been set up since July 10, 2009 to begin hearing the applicants’ case with the object of determining their guilt or otherwise but the panel had not begun sitting in view of the present court action.
$850,000 Fraud case takes another turn
Friday, November 6, 2009 (Page 3 Lead)
THE $850,000 fraud case involving two lawyers took another turn yesterday when the trial judge who had been authorised by the Chief Justice and the Attorney-General to hear the matter told parties in the case that he had been restrained from further hearing the matter by a High Court judge.
The trial judge, Mr D. E. K. Daketsey, told the prosecution and the defence teams that he had been served with an order of injunction restraining him from hearing the case until the final determination of a suit brought against him by the two lawyers.
According to the judge, the lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing charges of forgery and fraud, sought the order from the Human Rights Court, presided over by Mr Justice U. P. Dery, last Friday.
According to counsel for the two lawyers, Mr James Agalga, November 12, 2009 had been fixed for hearing the motion for an order of prohibition directed at the judge whom his clients had accused of making bias statements against them.
The prosecution had stated that the two allegedly prepared a Deed of Assignment, unknown to the complainant, Gordon Etroo, scanned his signature on it, registered it at the Lands Registry and presented it to Howard Eric Ewen, the Managing Director of Keegan Resources, who also signed.
On March 18, 2007, the two allegedly forged a judgement titled ‘Axex Company Limited Versus four other defendants’ and inserted an order by a High Court judge for the recovery of a mine known as Bonte Esaase Gold Mine.
According to the prosecution, the two lawyers, without the knowledge of Samuel Etroo and Mr Kwame Opoku, initiated a civil suit number BL35/07, as 'Kwame Opoku versus Sametro Company Limited'.
However, the two have not appeared before the court to answer the charges.
The trial judge, Mr Daketsey, who did not disclose the grounds of the injunction, said he had since been served with a writ of prohibition by the two lawyers.
The lawyers were said to have sought the order on the grounds that the judge was likely to show bias if he went ahead to hear the case against them.
The judge told prosecutors and defence lawyers that he had instructed his solicitors to contest the case because he had no personal interest or whatsoever in the case.
He also told the parties in his chambers that he felt aggrieved because the two lawyers had, on a countless number of occasions, refused to appear in his court to answer charges levelled against them.
Obviously aggrieved at the turn of events, Nana Ato Dadzie, who is counsel for the complainant in the case, told journalists that the common practice was for the lawyers to be in court to state why they were absent.
He said the case had had a chequered history because it took more than two years for the lawyers to be put before court.
He said the Attorney-General called for the docket for study and on October 22, 2008 she formally wrote to the court authorising it to proceed with the case, adding that the Chief Justice had also authorised the judge to hear the case.
Nana Ato Dadzie said although the two lawyers were at liberty to go for a prohibition order, he was of the view that such antics were calculated to frustrate the court process.
He also indicated that his client was an interested party and he, therefore, intended to join the suit at the Human Rights Court.
He further indicated that the interest of justice would be served if all parties had their day in court.
No definite date has been fixed for the hearing of the criminal matter due to the latest twist.
THE $850,000 fraud case involving two lawyers took another turn yesterday when the trial judge who had been authorised by the Chief Justice and the Attorney-General to hear the matter told parties in the case that he had been restrained from further hearing the matter by a High Court judge.
The trial judge, Mr D. E. K. Daketsey, told the prosecution and the defence teams that he had been served with an order of injunction restraining him from hearing the case until the final determination of a suit brought against him by the two lawyers.
According to the judge, the lawyers, Joseph Kwame Owusu Asamani and Ekow Amua-Sekyi, who are facing charges of forgery and fraud, sought the order from the Human Rights Court, presided over by Mr Justice U. P. Dery, last Friday.
According to counsel for the two lawyers, Mr James Agalga, November 12, 2009 had been fixed for hearing the motion for an order of prohibition directed at the judge whom his clients had accused of making bias statements against them.
The prosecution had stated that the two allegedly prepared a Deed of Assignment, unknown to the complainant, Gordon Etroo, scanned his signature on it, registered it at the Lands Registry and presented it to Howard Eric Ewen, the Managing Director of Keegan Resources, who also signed.
On March 18, 2007, the two allegedly forged a judgement titled ‘Axex Company Limited Versus four other defendants’ and inserted an order by a High Court judge for the recovery of a mine known as Bonte Esaase Gold Mine.
According to the prosecution, the two lawyers, without the knowledge of Samuel Etroo and Mr Kwame Opoku, initiated a civil suit number BL35/07, as 'Kwame Opoku versus Sametro Company Limited'.
However, the two have not appeared before the court to answer the charges.
The trial judge, Mr Daketsey, who did not disclose the grounds of the injunction, said he had since been served with a writ of prohibition by the two lawyers.
The lawyers were said to have sought the order on the grounds that the judge was likely to show bias if he went ahead to hear the case against them.
The judge told prosecutors and defence lawyers that he had instructed his solicitors to contest the case because he had no personal interest or whatsoever in the case.
He also told the parties in his chambers that he felt aggrieved because the two lawyers had, on a countless number of occasions, refused to appear in his court to answer charges levelled against them.
Obviously aggrieved at the turn of events, Nana Ato Dadzie, who is counsel for the complainant in the case, told journalists that the common practice was for the lawyers to be in court to state why they were absent.
He said the case had had a chequered history because it took more than two years for the lawyers to be put before court.
He said the Attorney-General called for the docket for study and on October 22, 2008 she formally wrote to the court authorising it to proceed with the case, adding that the Chief Justice had also authorised the judge to hear the case.
Nana Ato Dadzie said although the two lawyers were at liberty to go for a prohibition order, he was of the view that such antics were calculated to frustrate the court process.
He also indicated that his client was an interested party and he, therefore, intended to join the suit at the Human Rights Court.
He further indicated that the interest of justice would be served if all parties had their day in court.
No definite date has been fixed for the hearing of the criminal matter due to the latest twist.
Nii Obour, others convicted • Of contempt of court
Friday, November 6, 2009 (Front Page)
THE acting President of the Ga Traditional Council (GTC), Nii Adotey Obour II, and a claimant to the Nungua Stool, Odehe Kpakpa King Odaifio Welentse III, were yesterday convicted of contempt by the Accra High Court for flouting a court order which prohibited the council from allowing Nii Welentse to sit in.
Also convicted was the GTC as an entity.
They were, accordingly, ordered to pay a total fine of GH¢11,000 within 24 hours or in default face six months’ imprisonment.
Nii Obour and the GTC were ordered to pay GH¢3,000 fine and GH¢2,500 costs, while Nii Welentse was ordered to pay GH¢3,000 fine and GH¢2,500 costs.
The court, however, acquitted and discharged Nii Kojo Ababio V, Ngleshie Alata Mantse; Nii Adjetey Kraku III, Tema Mantse; Nii Kpobi Tettey Tsuru, La Mantse; Nii Nortey Owuo III, Osu Mantse, and Nii Ayikai, Akumadzen Mantse.
Counsel for the contemnors prayed the court to temper justice with mercy after the court had read out its ruling.
The court had held that all evidence pointed to the fact that the GTC and Nii Obour had flagrantly disregarded a 2006 court order which prohibited them from allowing Nii Welentse to sit as a member of the GTC.
A suit brought against the contemnors by Nii Ayiku IV, the Nungua Mantse, said unless the court cited the contemnors for contempt, their disrespectful conduct would be emulated by other chiefs and persons against whom similar restraining orders would be made by the court and the result was likely to be chaos and disorder in the country.
The court said the contemnors’ violation of the court order had brought the judicial system and the administration of justice into disrepute, ridicule and contempt, and for that matter their action must not go unpunished.
Following the writ issued against the contemnors by Nii Ayiku, the court, on June 22, 2006, quashed the proceedings of the GTC which inducted Nii Welentse as member of the council.
It also restrained Nii Welentse from holding himself as the Nungua Mantse and granted an order of mandamus to allow Nii Ayiku to occupy his rightful place in the GTC.
According to Nii Ayiku, in spite of the court’s restraining order, Nii Welentse continued to hold himself as the Nungua Mantse, with the express permission of Nii Obour.
The applicant further stated that despite hoards of warnings to Nii Welentse, he continued to hold himself and perform functions as Nungua Mantse, adding that numerous newspaper publications attested to that.
The applicant argued that the defiant acts of Nii Welentse and the other contemnors held the court to ridicule and contempt, adding that the acts of the contemnors were deliberate acts of disrespect for the orders and authority of the court, as well as acts carried out with a view to bringing the judicial system and the administration of justice into disrepute, ridicule and contempt.
Citing authorities, the court upheld the applicant’s prayer and, accordingly, convicted the contemnors.
THE acting President of the Ga Traditional Council (GTC), Nii Adotey Obour II, and a claimant to the Nungua Stool, Odehe Kpakpa King Odaifio Welentse III, were yesterday convicted of contempt by the Accra High Court for flouting a court order which prohibited the council from allowing Nii Welentse to sit in.
Also convicted was the GTC as an entity.
They were, accordingly, ordered to pay a total fine of GH¢11,000 within 24 hours or in default face six months’ imprisonment.
Nii Obour and the GTC were ordered to pay GH¢3,000 fine and GH¢2,500 costs, while Nii Welentse was ordered to pay GH¢3,000 fine and GH¢2,500 costs.
The court, however, acquitted and discharged Nii Kojo Ababio V, Ngleshie Alata Mantse; Nii Adjetey Kraku III, Tema Mantse; Nii Kpobi Tettey Tsuru, La Mantse; Nii Nortey Owuo III, Osu Mantse, and Nii Ayikai, Akumadzen Mantse.
Counsel for the contemnors prayed the court to temper justice with mercy after the court had read out its ruling.
The court had held that all evidence pointed to the fact that the GTC and Nii Obour had flagrantly disregarded a 2006 court order which prohibited them from allowing Nii Welentse to sit as a member of the GTC.
A suit brought against the contemnors by Nii Ayiku IV, the Nungua Mantse, said unless the court cited the contemnors for contempt, their disrespectful conduct would be emulated by other chiefs and persons against whom similar restraining orders would be made by the court and the result was likely to be chaos and disorder in the country.
The court said the contemnors’ violation of the court order had brought the judicial system and the administration of justice into disrepute, ridicule and contempt, and for that matter their action must not go unpunished.
Following the writ issued against the contemnors by Nii Ayiku, the court, on June 22, 2006, quashed the proceedings of the GTC which inducted Nii Welentse as member of the council.
It also restrained Nii Welentse from holding himself as the Nungua Mantse and granted an order of mandamus to allow Nii Ayiku to occupy his rightful place in the GTC.
According to Nii Ayiku, in spite of the court’s restraining order, Nii Welentse continued to hold himself as the Nungua Mantse, with the express permission of Nii Obour.
The applicant further stated that despite hoards of warnings to Nii Welentse, he continued to hold himself and perform functions as Nungua Mantse, adding that numerous newspaper publications attested to that.
The applicant argued that the defiant acts of Nii Welentse and the other contemnors held the court to ridicule and contempt, adding that the acts of the contemnors were deliberate acts of disrespect for the orders and authority of the court, as well as acts carried out with a view to bringing the judicial system and the administration of justice into disrepute, ridicule and contempt.
Citing authorities, the court upheld the applicant’s prayer and, accordingly, convicted the contemnors.
Thursday, November 5, 2009
Prosecutioin fails to turn up
Thursday, November 5, 2009 (Page 3)
THE prosecution on Wednesday, November 4,2009 failed to turn up at the trial of the former Minister of Foreign Affairs, Akwasi Osei-Ajdei, and the former Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, without any official reason.
The Financial Division of the Fast Track High Court adjourned the matter, in which the two have been accused of wilfully causing financial loss to the state, to November 19 and 20, 2009, after it had stood down the case for almost an hour in anticipation that the prosecution would show up.
Osei-Adjei and Daniel Charles Gyimah were alleged to have acted together to steal 2,997 bags of rice, valued at US$1,408,590, but lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country had been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
As of 9:00 a.m. at the court’s sitting in Accra yesterday, the accused persons, defence lawyers, families, friends, sympathisers and journalists had turned up to witness the trial of the accused persons.
The trial judge, Mr Justice Bright Mensah, took his seat at exactly 9:20 a.m. to pave way for the matter to be called. However, it emerged that all the parties but the prosecution had not arrived.
Consequently, the judge stood the case down to attend to other cases.
At exactly 10:26 a.m., the trial judge beckoned the court clerk to call the matter again but it emerged that the prosecution had not arrived.
The investigator in the case was, however, present in court.
Counsel for Osei-Adjei, Mr Godfred Yeboah Dame, then enquired from the court whether or not the court had received an official letter explaining the absence of the prosecution to which the judge answered in the negative.
Mr Dame, who did not take kindly to the prosecution’s behaviour, said it was unfortunate that the prosecution had failed to make any attempt to speedily prosecute the case.
According to him the accused persons had been subjects of abuse and disparaging remarks as a result of being accused of causing financial loss to the state.
He said it was strange the prosecution had not made any attempt to prosecute the matter almost after 10 months of investigations.
Mr Dame said he would in future urge the court to discharge the accused persons if the prosecution did not act.
Counsel also urged the court to vary its bail condition which ordered Osei-Adjei to report once a week to the Bureau of National Investigations (BNI) on the grounds that his client currently resided in Kumasi and it was, therefore, Herculean for him (Osei-Adjei) to report to the BNI in Accra every week.
For his part, counsel for Gyimah, Colonel Alex Johnson (retd), had expressed his disappointment over the prosecution’s failure to turn up.
In response, Mr Justice Mensah reminded counsel that yesterday was the second time that the matter had been put before him.
The judge also indicated that the court would consider varying the bail conditions when the circumstance warranted.
The facts of the case were that some time in February 2008 a former Minister of Trade and Industry, Mr Joe Baidoo-Ansah, initiated the importation of rice from India and in a letter dated February 13, 2008 the said minister requested the Government of India, through the High Commission of India in Ghana, to buy 100,000 metric tonnes of (25 - 35 per cent) broken rice.
According to the prosecution, the rice was to arrive in Ghana by May 2008 to help curb the severe increases in the prices of staples in Ghana, while the Ghana National Procurement Agency (GNPA) was the designated consignee.
THE prosecution on Wednesday, November 4,2009 failed to turn up at the trial of the former Minister of Foreign Affairs, Akwasi Osei-Ajdei, and the former Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, without any official reason.
The Financial Division of the Fast Track High Court adjourned the matter, in which the two have been accused of wilfully causing financial loss to the state, to November 19 and 20, 2009, after it had stood down the case for almost an hour in anticipation that the prosecution would show up.
Osei-Adjei and Daniel Charles Gyimah were alleged to have acted together to steal 2,997 bags of rice, valued at US$1,408,590, but lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country had been “criminalised”.
The two have been charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
As of 9:00 a.m. at the court’s sitting in Accra yesterday, the accused persons, defence lawyers, families, friends, sympathisers and journalists had turned up to witness the trial of the accused persons.
The trial judge, Mr Justice Bright Mensah, took his seat at exactly 9:20 a.m. to pave way for the matter to be called. However, it emerged that all the parties but the prosecution had not arrived.
Consequently, the judge stood the case down to attend to other cases.
At exactly 10:26 a.m., the trial judge beckoned the court clerk to call the matter again but it emerged that the prosecution had not arrived.
The investigator in the case was, however, present in court.
Counsel for Osei-Adjei, Mr Godfred Yeboah Dame, then enquired from the court whether or not the court had received an official letter explaining the absence of the prosecution to which the judge answered in the negative.
Mr Dame, who did not take kindly to the prosecution’s behaviour, said it was unfortunate that the prosecution had failed to make any attempt to speedily prosecute the case.
According to him the accused persons had been subjects of abuse and disparaging remarks as a result of being accused of causing financial loss to the state.
He said it was strange the prosecution had not made any attempt to prosecute the matter almost after 10 months of investigations.
Mr Dame said he would in future urge the court to discharge the accused persons if the prosecution did not act.
Counsel also urged the court to vary its bail condition which ordered Osei-Adjei to report once a week to the Bureau of National Investigations (BNI) on the grounds that his client currently resided in Kumasi and it was, therefore, Herculean for him (Osei-Adjei) to report to the BNI in Accra every week.
For his part, counsel for Gyimah, Colonel Alex Johnson (retd), had expressed his disappointment over the prosecution’s failure to turn up.
In response, Mr Justice Mensah reminded counsel that yesterday was the second time that the matter had been put before him.
The judge also indicated that the court would consider varying the bail conditions when the circumstance warranted.
The facts of the case were that some time in February 2008 a former Minister of Trade and Industry, Mr Joe Baidoo-Ansah, initiated the importation of rice from India and in a letter dated February 13, 2008 the said minister requested the Government of India, through the High Commission of India in Ghana, to buy 100,000 metric tonnes of (25 - 35 per cent) broken rice.
According to the prosecution, the rice was to arrive in Ghana by May 2008 to help curb the severe increases in the prices of staples in Ghana, while the Ghana National Procurement Agency (GNPA) was the designated consignee.
Court remands fake doctor in custody
Tuesday, November 3, 2009 (Page 3 Lead)
A fake medical doctor was yesterday remanded in custody by the Accra Circuit Court for allegedly performing abortion on women at Kasoa.
Samuel Kwame Kennedy, alias Annan, who is alleged to hold four fake certificates, is said to charge between GH¢30 and GH¢60 to perform an abortion, while he charges an additional GH¢5 as consultation fee.
The accused person, whose clients scream to the hearing of passers-by anytime he is performing an operation, was alleged to have informed investigators that he had once practised at the Cape Coast General Hospital and later got transferred to the Islamic Community and Ekumfi Islamic clinics, all in the Central Region.
Kennedy was charged with two counts of practising medicine without authority and possessing forged documents.
His plea was not taken and he will reappear on November 16, 2009.
The facts of the case were that there had been public outcry at the activities of the accused person, who was said to be illegally terminating pregnancies at Kasoa.
About 7.30 a.m. on October 28, 2009, officials of the Bureau of National Investigations (BNI) traced Kennedy to his house at Kasoa.
Prosecuting, Assistant Superintendent of Police A. Annor told the court that the accused person had been practising from his house and a search conducted there revealed quantities of assorted drugs, bottles, unsterilised and rusty needles, rusty drip stands and fake medical certificates.
The alleged fake medical certificates included a certificate of Medical Competence as a Junior Officer which he obtained in February 1987, a certificate of Registration as Qualified Registered Nurse in 1993, a Bachelor of Arts in English certificate from the Ashes University in China which was awarded to him on July 12, 1989, as well as a certificate in Business English.
According to the prosecution, although the accused person claimed his certificates were genuine, he could not produce a licence for practice.
Investigations are ongoing.
A fake medical doctor was yesterday remanded in custody by the Accra Circuit Court for allegedly performing abortion on women at Kasoa.
Samuel Kwame Kennedy, alias Annan, who is alleged to hold four fake certificates, is said to charge between GH¢30 and GH¢60 to perform an abortion, while he charges an additional GH¢5 as consultation fee.
The accused person, whose clients scream to the hearing of passers-by anytime he is performing an operation, was alleged to have informed investigators that he had once practised at the Cape Coast General Hospital and later got transferred to the Islamic Community and Ekumfi Islamic clinics, all in the Central Region.
Kennedy was charged with two counts of practising medicine without authority and possessing forged documents.
His plea was not taken and he will reappear on November 16, 2009.
The facts of the case were that there had been public outcry at the activities of the accused person, who was said to be illegally terminating pregnancies at Kasoa.
About 7.30 a.m. on October 28, 2009, officials of the Bureau of National Investigations (BNI) traced Kennedy to his house at Kasoa.
Prosecuting, Assistant Superintendent of Police A. Annor told the court that the accused person had been practising from his house and a search conducted there revealed quantities of assorted drugs, bottles, unsterilised and rusty needles, rusty drip stands and fake medical certificates.
The alleged fake medical certificates included a certificate of Medical Competence as a Junior Officer which he obtained in February 1987, a certificate of Registration as Qualified Registered Nurse in 1993, a Bachelor of Arts in English certificate from the Ashes University in China which was awarded to him on July 12, 1989, as well as a certificate in Business English.
According to the prosecution, although the accused person claimed his certificates were genuine, he could not produce a licence for practice.
Investigations are ongoing.
BNI ordered to answer contempt charges
October 30, 2009 (Page 3 Lead)
THE Human Rights Division of the High Court yesterday ordered the Director of the Bureau of National Investigations (BNI) and two others to appear before it and openly answer contempt charges levelled against them by a former Minister of Information, Mr Stephen Asamoah-Boateng.
The court, accordingly, declined to grant a request by the Attorney-General’s (A-G’s) Department which prayed it to hear the matter in camera in order to protect the identity of the respondents.
Mr Asamoah-Boateng, his wife, Zuleika, Jennifer Lorwiah, Nana Yaw Asamoah-Boateng and Andrew Asamoah-Boateng instituted the contempt action against the three respondents, Yaw Donkor, Josephine Gandawiri, Stephen Abrokwa, and the A-G for preventing them from travelling outside the country on two occasions without recourse to a court order.
Citing authorities to buttress the court’s decision in Accra, the presiding judge, Mr Justice U. P. Dery, disagreed with the A-G Department’s suggestion that it would be inimical for the identities of the respondents to be blown, stating that the BNI and the police enjoyed the same rights and protection.
According to the court, he had carefully studied the Securities and Intelligence Act (Act 526) which clearly spelt out the rights of the police and the BNI as the same and for that matter “the BNI cannot be given special treatment”.
The court submitted that the police always availed themselves in court whenever they were needed to give evidence and it would, therefore, not be out of place to order the respondents to appear in open court to answer contempt charges.
The matter was adjourned to Thursday, November 12, 2009 for hearing.
Earlier, a Chief State Attorney, Ms Helen Kwawukume, had told the court that the operations of the respondents would be hampered if their identities were blown.
She said the respondents were involved in intelligence work for the state and for that matter it would be most appropriate if the court heard the matter in camera.
Opposing the application, counsel for the applicants, Nene Amegatcher, said the court could only sit in camera if it appeared a case in question would jeopardise national security and interest.
In this instance, counsel submitted, the case would not jeopardise national security or interest if it was heard in open court.
He further argued that the respondents should have passed information they gathered during their under-cover operations to the police, the Serious Fraud Office (SFO), among others, for action, as stipulated under the Security Agencies and Intelligence Act.
According to counsel, the respondents in this case arrogated to themselves the “powers of arrest and statement taking”, adding that BNI officials wore tags and arrested people in public.
Nene Amegatcher told the court that BNI officials had gone on board the flight which had more than 200 passengers to effect the arrest of Mr Asamoah-Boateng and his family.
The contempt action was instituted when the four applicants were prevented from travelling outside the country on June 14, 2009 without any court order or warrant, following which they filed an application seeking an injunction to restrain the BNI from further preventing them from travelling without a court order.
While the application was pending, they claimed the BNI again disregarded the action and prevented them from travelling again at a later date.
The matter had been embroiled in some confusion when, on August 18, 2009, there was controversy over direct proof of service of the contempt summons on the Director of the BNI and the two other officials of the bureau.
While the records of the court and applicants’ lawyer indicated that the three respondents had been served with the contempt summons, the A-G’s Department said otherwise.
Similarly, the records of proof of service of the court and that of applicants’ lawyer did not tally, as the two records indicated names of different bailiffs, with different dates of serving the contemnors.
THE Human Rights Division of the High Court yesterday ordered the Director of the Bureau of National Investigations (BNI) and two others to appear before it and openly answer contempt charges levelled against them by a former Minister of Information, Mr Stephen Asamoah-Boateng.
The court, accordingly, declined to grant a request by the Attorney-General’s (A-G’s) Department which prayed it to hear the matter in camera in order to protect the identity of the respondents.
Mr Asamoah-Boateng, his wife, Zuleika, Jennifer Lorwiah, Nana Yaw Asamoah-Boateng and Andrew Asamoah-Boateng instituted the contempt action against the three respondents, Yaw Donkor, Josephine Gandawiri, Stephen Abrokwa, and the A-G for preventing them from travelling outside the country on two occasions without recourse to a court order.
Citing authorities to buttress the court’s decision in Accra, the presiding judge, Mr Justice U. P. Dery, disagreed with the A-G Department’s suggestion that it would be inimical for the identities of the respondents to be blown, stating that the BNI and the police enjoyed the same rights and protection.
According to the court, he had carefully studied the Securities and Intelligence Act (Act 526) which clearly spelt out the rights of the police and the BNI as the same and for that matter “the BNI cannot be given special treatment”.
The court submitted that the police always availed themselves in court whenever they were needed to give evidence and it would, therefore, not be out of place to order the respondents to appear in open court to answer contempt charges.
The matter was adjourned to Thursday, November 12, 2009 for hearing.
Earlier, a Chief State Attorney, Ms Helen Kwawukume, had told the court that the operations of the respondents would be hampered if their identities were blown.
She said the respondents were involved in intelligence work for the state and for that matter it would be most appropriate if the court heard the matter in camera.
Opposing the application, counsel for the applicants, Nene Amegatcher, said the court could only sit in camera if it appeared a case in question would jeopardise national security and interest.
In this instance, counsel submitted, the case would not jeopardise national security or interest if it was heard in open court.
He further argued that the respondents should have passed information they gathered during their under-cover operations to the police, the Serious Fraud Office (SFO), among others, for action, as stipulated under the Security Agencies and Intelligence Act.
According to counsel, the respondents in this case arrogated to themselves the “powers of arrest and statement taking”, adding that BNI officials wore tags and arrested people in public.
Nene Amegatcher told the court that BNI officials had gone on board the flight which had more than 200 passengers to effect the arrest of Mr Asamoah-Boateng and his family.
The contempt action was instituted when the four applicants were prevented from travelling outside the country on June 14, 2009 without any court order or warrant, following which they filed an application seeking an injunction to restrain the BNI from further preventing them from travelling without a court order.
While the application was pending, they claimed the BNI again disregarded the action and prevented them from travelling again at a later date.
The matter had been embroiled in some confusion when, on August 18, 2009, there was controversy over direct proof of service of the contempt summons on the Director of the BNI and the two other officials of the bureau.
While the records of the court and applicants’ lawyer indicated that the three respondents had been served with the contempt summons, the A-G’s Department said otherwise.
Similarly, the records of proof of service of the court and that of applicants’ lawyer did not tally, as the two records indicated names of different bailiffs, with different dates of serving the contemnors.
Thursday, October 29, 2009
Court to rule on Chief Director's interdiction
Thursday, October 29, 2009 (Page 3 Lead)
THE Accra Fast High Court will, on Friday, November 27, 2009 decide the lawfulness or otherwise of the interdiction of the Chief Director of the Ministry of Youth and Sports, Mr Albert Anthony Ampong.
Mr Ampong is challenging his interdiction, following investigations into allegations of financial impropriety levelled against Alhaji Muntaka Mohammed Mubarak, the former sector minister.
He is also seeking a declaration that an order directed at him to refund $20,000 and a further order that sanctions must be applied against him are unlawful.
But the Attorney-General’s Department described Mr Ampong’s motion as “merely an attempt to hijack the processes of the Civil Service in order to prevent any meaningful enquiry”.
The court, presided over by Mr Justice S. K. Asiedu, fixed the date for ruling after counsel for Mr Ampong, Mr Godfred Yeboah Dame, had moved a motion for judicial review filed against the Attorney-General and the Head of the Civil Service.
There was no legal representation from the Attorney-General’s office.
Mr Dame prayed the court to grant his client’s reliefs, which included a declaration that the decision of the Head of the Civil Service to implement directives from the President was unlawful.
The applicant is further praying the court to quash the decision to interdict him on the grounds that due process had not been followed and, therefore, it was a violation of the relevant laws and disciplinary regulations of the Civil Service of Ghana.
Mr Ampong is additionally seeking an order prohibiting the respondents from imposing any disciplinary sanctions against him on the basis of the National Security report on investigations into allegations against Alhaji Mubarak, as well as praying the court to grant an order of mandamus to compel the Head of the Civil Service to allow him to resume his normal duties as the Chief Director of the ministry, among any other orders the court might deem fit.
According to the applicant, the respondents acted illegally, unreasonably, capriciously, arbitrarily and in an unfair manner.
An affidavit in support of his application stated that he had only been called as a witness before the committee set up to investigate Alhaji Mubarak and not as an accused person.
It said Mr Ampong had testified at the committee, although he had been refused legal representation, adding that he informed the committee that he had advanced $20,000 to Alhaji Mubarak after the money had been advanced to him (Ampong) by the Principal Accountant of the ministry.
According to the affidavit, the Civil Service Council was the disciplinary authority for all civil servants and disciplinary proceedings in cases of misconduct and unsatisfactory service on the part of civil servants and, therefore, a civil servant could be disciplined only in accordance with strict adherence to the Civil Service Act and regulations and accepted principles of fairness, natural justice, the rule of law, among others.
Mr Ampong was ordered to proceed on leave on July 7, 2009 following recommendations by the National Security Committee which investigated financial impropriety levelled against Alhaji Mubarak by the principal accountant of the Sports Ministry.
At the last hearing on October 15, 2009, the application by the Attorney-General's office for extension of time within which to file its affidavit in opposition had not been opposed by counsel for Ampong and was thus granted.
In response to Mr Ampong’s claims, the A-G’s office had held that the President merely directed the Head of the Civil Service to interdict the applicant pending formal hearings by the Civil Service Council to assess the conduct of the applicant after the President had been presented with the preliminary findings by the National Security co-ordinator, adding that the President, according to the A-G, duly exercised his powers under the Civil Service Law, 1993 and the Civil Service Regulations (L.I.47).
The A-G contended that the applicant claimed to have given $10,000 to the then minister but could not produce any receipt or other documentary evidence to establish his claim, adding that after preliminary investigations by the National Security co-ordinator, adverse findings were made against the applicant, the principal accountant and the minister.
The affidavit in opposition pointed out that the interdiction of the applicant was only to prevent him from interfering with investigations which were to be undertaken following his summary interdiction.
The A-G also said a five-member panel had been set up since July 10, 2009 to begin hearing of the applicant's case with the object of determining his guilt or otherwise but the panel had not begun sitting in view of the present court action by the applicant.
THE Accra Fast High Court will, on Friday, November 27, 2009 decide the lawfulness or otherwise of the interdiction of the Chief Director of the Ministry of Youth and Sports, Mr Albert Anthony Ampong.
Mr Ampong is challenging his interdiction, following investigations into allegations of financial impropriety levelled against Alhaji Muntaka Mohammed Mubarak, the former sector minister.
He is also seeking a declaration that an order directed at him to refund $20,000 and a further order that sanctions must be applied against him are unlawful.
But the Attorney-General’s Department described Mr Ampong’s motion as “merely an attempt to hijack the processes of the Civil Service in order to prevent any meaningful enquiry”.
The court, presided over by Mr Justice S. K. Asiedu, fixed the date for ruling after counsel for Mr Ampong, Mr Godfred Yeboah Dame, had moved a motion for judicial review filed against the Attorney-General and the Head of the Civil Service.
There was no legal representation from the Attorney-General’s office.
Mr Dame prayed the court to grant his client’s reliefs, which included a declaration that the decision of the Head of the Civil Service to implement directives from the President was unlawful.
The applicant is further praying the court to quash the decision to interdict him on the grounds that due process had not been followed and, therefore, it was a violation of the relevant laws and disciplinary regulations of the Civil Service of Ghana.
Mr Ampong is additionally seeking an order prohibiting the respondents from imposing any disciplinary sanctions against him on the basis of the National Security report on investigations into allegations against Alhaji Mubarak, as well as praying the court to grant an order of mandamus to compel the Head of the Civil Service to allow him to resume his normal duties as the Chief Director of the ministry, among any other orders the court might deem fit.
According to the applicant, the respondents acted illegally, unreasonably, capriciously, arbitrarily and in an unfair manner.
An affidavit in support of his application stated that he had only been called as a witness before the committee set up to investigate Alhaji Mubarak and not as an accused person.
It said Mr Ampong had testified at the committee, although he had been refused legal representation, adding that he informed the committee that he had advanced $20,000 to Alhaji Mubarak after the money had been advanced to him (Ampong) by the Principal Accountant of the ministry.
According to the affidavit, the Civil Service Council was the disciplinary authority for all civil servants and disciplinary proceedings in cases of misconduct and unsatisfactory service on the part of civil servants and, therefore, a civil servant could be disciplined only in accordance with strict adherence to the Civil Service Act and regulations and accepted principles of fairness, natural justice, the rule of law, among others.
Mr Ampong was ordered to proceed on leave on July 7, 2009 following recommendations by the National Security Committee which investigated financial impropriety levelled against Alhaji Mubarak by the principal accountant of the Sports Ministry.
At the last hearing on October 15, 2009, the application by the Attorney-General's office for extension of time within which to file its affidavit in opposition had not been opposed by counsel for Ampong and was thus granted.
In response to Mr Ampong’s claims, the A-G’s office had held that the President merely directed the Head of the Civil Service to interdict the applicant pending formal hearings by the Civil Service Council to assess the conduct of the applicant after the President had been presented with the preliminary findings by the National Security co-ordinator, adding that the President, according to the A-G, duly exercised his powers under the Civil Service Law, 1993 and the Civil Service Regulations (L.I.47).
The A-G contended that the applicant claimed to have given $10,000 to the then minister but could not produce any receipt or other documentary evidence to establish his claim, adding that after preliminary investigations by the National Security co-ordinator, adverse findings were made against the applicant, the principal accountant and the minister.
The affidavit in opposition pointed out that the interdiction of the applicant was only to prevent him from interfering with investigations which were to be undertaken following his summary interdiction.
The A-G also said a five-member panel had been set up since July 10, 2009 to begin hearing of the applicant's case with the object of determining his guilt or otherwise but the panel had not begun sitting in view of the present court action by the applicant.
Tuesday, October 27, 2009
NPP race hots up • 4 Contestants pledge non-alignment
Monday, October 26,2009 (Front Page)
FOUR prominent members of the New Patriotic Party (NPP) — Jake Obetsebi-Lamptey, Stephen Ntim, Samuel Crabbe and Felix Owusu-Agyapong — have resolved to contest the national chairmanship of the party on their own merit, without lending themselves to any perceived alliances.
After a critical meeting in Accra last Wednesday involving the top hierarchy of the party, it was affirmed that the regional elections to pave the way for national elections early next year would be held across the country on December 7, 2009.
In separate interviews with the Daily Graphic, some prospective contestants at the national and regional levels resolved to help produce a team more united than ever.
With the battle lines drawn for Messrs Obetsebi-Lamptey, Ntim, Crabbe and Owusu-Agyapong to contest the national chairmanship, party insiders indicated that the regional elections to be held in December posed the real challenge.
At the regional level, the contest between a former envoy to Serbia, Dr Nyaho Nyaho-Tamakloe, and a former Attorney-General, Mr Ayikoi Otoo, for the Greater Accra chairmanship is expected to attract the greatest attention.
Either contestants has been linked to one or another faction in the party but party leaders who spoke to the Daily Graphic over the past week played down the issue.
For his part, Mr Owusu-Agyapong, a former Majority Leader in Parliament, said there was a perceived lack of unity among the rank and file of the party and that caused it to lose the 2008 elections. He added that he would work hard to resolve that issue.
He said he was a personality who appealed to all people in the party, something he had demonstrated through his reconciliatory moves in 1998 that eventually won the party power in 2000.
He said as a former Majority Leader, he had on several occasions been able to bring both the Majority and the Minority Members of Parliament (MPs) together to agree on consensus on very critical national issues, saying that skill would be applied when he became chairman of the NPP to unite all within the party to win the 2012 elections.
According to Mr Obetsebi-Lamptey, his vision was to put the NPP in a position ready and prepared to win power by ensuring that the party’s candidates were elected into office as President and MPs.
He said the NPP failed to win the first round of the 2008 elections because it failed to win majority of seats in Parliament as a result of internal bickering and fighting which, in most cases, resulted in skirt-and-blouse voting.
Mr Obetsebi-Lamptey gave the assurance that as national chairman, he would ensure that members avoided competing in a manner that would make it difficult to work together after internal elections, as well as avoid petty bickering.
Mr Ntim, one of the high-profile members contesting the national chairmanship, denied ever belonging to a faction or supporting any particular person in the party.
He said he was an “independent-minded person who acts according to his own conscience and not according to the dictates of other persons”.
Mr Ntim, who was speaking to the Daily Graphic via telephone, described rumours in 2005 that he was being supported by the then President Kufuor as “giving a dog a bad name in order to hang it”.
He contested the national chairmanship position of the party in 2005 and lost to Mr Peter Mac Manu.
He said those who concocted those untruths about him succeeded in ensuring that he lost the slot, adding, however, that that did not affect his unwavering support and loyalty to the party.
He said others also doubted his loyalty and commitment to the party but the delegates and a large number of the party’s supporters and members had now come to realise the true story and that this time around they would vote massively for him.
Mr Ntim, who used to be a vice chairman of the party before 2005, said despite the loss he suffered, he never failed to support the party in any way he could, including donations to it.
He said as a dyed in the wool NPP member, he actively supported the campaigns of Nana Addo Dankwa Akufo-Addo, the NPP presidential candidate for the 2008 elections, and his running mate, Dr Mahamadu Bawumia, till the end.
He said the unity of the party was very crucial to its quest to win political party and that no committed member of the NPP should in any way act to undermine its cohesion, especially those contesting leadership positions at all levels.
“We are in opposition and my vision is to bring the party back to power. I will ensure that whatever it takes for the party to achieve this is provided,” he said
He explained that as chairman, he would work assiduously with other executives and the rank and file to ensure that the members were well equipped with all the necessary resources and motivated to sacrifice to ensure that the party won elections.
According to the road map, to be climaxed with the election of the party’s flag bearer early next year, the party will follow the recently held polling station elections with what it calls “electoral election” before the end of this month to pave the way for the election of constituency executives before the regional elections in December, during which the Greater Accra chairmanship is expected to be the most hotly contested.
Dr Nyaho-Tamakloe has confirmed his interest in the position and proceeded to issue a statement in which he listed a team, including Ms Vivian Gershon, Mr Mike Oquaye (Jnr), Mr Daniel Nii Kwatei Titus-Glover and Alhaji Yusif, as his team members who should be elected to the positions of First Vice-Chairman, Second Vice-Chairman, Regional Secretary and Assistant Regional Secretary, respectively.
Others are Mike Ampong, Regional Organiser; Henry Quartey, Youth Organiser, and Vida Dugbatey, Women’s Organiser.
Mr Otoo is yet to confirm his interest and if he does the Greater Accra regional chairmanship election will be a two-man race.
The position of national general secretary is being contested by Ghana's former Ambassador to Japan, Dr Adjei Barwuah, Mr Kwadwo Owusu-Afriyie, popularly known as Sir John, a Kumasi-based lawyer, and Captain Nkrabeah Effah-Darteh, a former Deputy Minister of the Interior.
FOUR prominent members of the New Patriotic Party (NPP) — Jake Obetsebi-Lamptey, Stephen Ntim, Samuel Crabbe and Felix Owusu-Agyapong — have resolved to contest the national chairmanship of the party on their own merit, without lending themselves to any perceived alliances.
After a critical meeting in Accra last Wednesday involving the top hierarchy of the party, it was affirmed that the regional elections to pave the way for national elections early next year would be held across the country on December 7, 2009.
In separate interviews with the Daily Graphic, some prospective contestants at the national and regional levels resolved to help produce a team more united than ever.
With the battle lines drawn for Messrs Obetsebi-Lamptey, Ntim, Crabbe and Owusu-Agyapong to contest the national chairmanship, party insiders indicated that the regional elections to be held in December posed the real challenge.
At the regional level, the contest between a former envoy to Serbia, Dr Nyaho Nyaho-Tamakloe, and a former Attorney-General, Mr Ayikoi Otoo, for the Greater Accra chairmanship is expected to attract the greatest attention.
Either contestants has been linked to one or another faction in the party but party leaders who spoke to the Daily Graphic over the past week played down the issue.
For his part, Mr Owusu-Agyapong, a former Majority Leader in Parliament, said there was a perceived lack of unity among the rank and file of the party and that caused it to lose the 2008 elections. He added that he would work hard to resolve that issue.
He said he was a personality who appealed to all people in the party, something he had demonstrated through his reconciliatory moves in 1998 that eventually won the party power in 2000.
He said as a former Majority Leader, he had on several occasions been able to bring both the Majority and the Minority Members of Parliament (MPs) together to agree on consensus on very critical national issues, saying that skill would be applied when he became chairman of the NPP to unite all within the party to win the 2012 elections.
According to Mr Obetsebi-Lamptey, his vision was to put the NPP in a position ready and prepared to win power by ensuring that the party’s candidates were elected into office as President and MPs.
He said the NPP failed to win the first round of the 2008 elections because it failed to win majority of seats in Parliament as a result of internal bickering and fighting which, in most cases, resulted in skirt-and-blouse voting.
Mr Obetsebi-Lamptey gave the assurance that as national chairman, he would ensure that members avoided competing in a manner that would make it difficult to work together after internal elections, as well as avoid petty bickering.
Mr Ntim, one of the high-profile members contesting the national chairmanship, denied ever belonging to a faction or supporting any particular person in the party.
He said he was an “independent-minded person who acts according to his own conscience and not according to the dictates of other persons”.
Mr Ntim, who was speaking to the Daily Graphic via telephone, described rumours in 2005 that he was being supported by the then President Kufuor as “giving a dog a bad name in order to hang it”.
He contested the national chairmanship position of the party in 2005 and lost to Mr Peter Mac Manu.
He said those who concocted those untruths about him succeeded in ensuring that he lost the slot, adding, however, that that did not affect his unwavering support and loyalty to the party.
He said others also doubted his loyalty and commitment to the party but the delegates and a large number of the party’s supporters and members had now come to realise the true story and that this time around they would vote massively for him.
Mr Ntim, who used to be a vice chairman of the party before 2005, said despite the loss he suffered, he never failed to support the party in any way he could, including donations to it.
He said as a dyed in the wool NPP member, he actively supported the campaigns of Nana Addo Dankwa Akufo-Addo, the NPP presidential candidate for the 2008 elections, and his running mate, Dr Mahamadu Bawumia, till the end.
He said the unity of the party was very crucial to its quest to win political party and that no committed member of the NPP should in any way act to undermine its cohesion, especially those contesting leadership positions at all levels.
“We are in opposition and my vision is to bring the party back to power. I will ensure that whatever it takes for the party to achieve this is provided,” he said
He explained that as chairman, he would work assiduously with other executives and the rank and file to ensure that the members were well equipped with all the necessary resources and motivated to sacrifice to ensure that the party won elections.
According to the road map, to be climaxed with the election of the party’s flag bearer early next year, the party will follow the recently held polling station elections with what it calls “electoral election” before the end of this month to pave the way for the election of constituency executives before the regional elections in December, during which the Greater Accra chairmanship is expected to be the most hotly contested.
Dr Nyaho-Tamakloe has confirmed his interest in the position and proceeded to issue a statement in which he listed a team, including Ms Vivian Gershon, Mr Mike Oquaye (Jnr), Mr Daniel Nii Kwatei Titus-Glover and Alhaji Yusif, as his team members who should be elected to the positions of First Vice-Chairman, Second Vice-Chairman, Regional Secretary and Assistant Regional Secretary, respectively.
Others are Mike Ampong, Regional Organiser; Henry Quartey, Youth Organiser, and Vida Dugbatey, Women’s Organiser.
Mr Otoo is yet to confirm his interest and if he does the Greater Accra regional chairmanship election will be a two-man race.
The position of national general secretary is being contested by Ghana's former Ambassador to Japan, Dr Adjei Barwuah, Mr Kwadwo Owusu-Afriyie, popularly known as Sir John, a Kumasi-based lawyer, and Captain Nkrabeah Effah-Darteh, a former Deputy Minister of the Interior.
Vodafone suit goes to Supreme Court
Saturday, October 24, 2009 (Front Page)
THE Commercial Court hearing the litigation involving the sale of Ghana Telecom (GT) (now Vodafone) yesterday ruled that it was not competent to deal with issues bordering on the constitutionality or otherwise of the sale.
According to the court, it was the sole preserve of the Supreme Court to interpret issues bordering on the Constitution.
Consequently, the Presiding Judge, Mr Justice Henry Kwofie, has decided to refer aspects of the suit which bordered on the constitutionality or otherwise of the sale to the Supreme Court for interpretation.
Mr Justice Kwofie, accordingly, ordered the Attorney-General and GT to furnish the court with a copy of the Sale and Purchase Agreement (SPA) on GT on or before November 3, 2009.
The matter was, accordingly, adjourned to November 23, 2009 for the court to refer specific aspects of the suit which bordered on constitutionality to the Supreme Court for determination.
The plaintiffs in the matter, Professor Agyeman Badu Akosa and five others, sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar General over the sale of Ghana Telecom to Vodafone.
The other plaintiffs, who are all members of the Convention People’s Party (CPP), are Mr Michael Kosi Dedey, Dr Nii Moi Thompson, Naa Kordai Assimeh, Ms Rhodaline Imoru Ayarna and Mr Kwame Jantuah, and they are calling for a declaration that the sale of GT is inimical to the public interest.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with due process of law and is, therefore, a nullity.
They are also seeking an order declaring that the forcible grouping of autonomous state institutions established by law — Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets — with GT to form the purported Enlarged GT Group was unlawful and, therefore, void and of no legal effect.
The plaintiffs are further praying for an order of perpetual injunction to restrain the government from disposing of its 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana, among others.
Citing authorities to buttress the court’s decision, Mr Justice Kwofie held that both parties had raised issues which bordered on constitutionality and it was, therefore, proper for the court to refer those aspects to the Supreme Court.
He said he would study the SPA, make the necessary referral to the Supreme Court and hear other aspects of the case which did not border on constitutionality.
Declining to vary whether or not an agreement executed by the government and ratified by Parliament could be challenged in the High Court, the court was of the view that that aspect would not prejudice the case in any way.
In the substantive suit, the plaintiffs are contending that the SPA entered into among the Government of Ghana, GT and Vodafone for the sale of 70 per cent of GT for $900 million was against the public interest and constituted an abuse of the discretionary powers of the government.
They said they were opposed to the unlawful establishment of the said Enlarged GT Group, as it undermined the sovereignty of the country and endangered the national security of Ghana.
According to them, the decision of the government to transfer the assets, properties, shares, equipment, among others, to Vodafone was obnoxious, unlawful and inimical to the public interest, particularly when no consideration was required to be paid by Vodafone for the stated assets.
The plaintiffs argued that the three Ministers of State and the managing director of GT who signed the agreement on behalf of the government did not exercise the requisite level of circumspection required of them as public officers in relation to public property.
THE Commercial Court hearing the litigation involving the sale of Ghana Telecom (GT) (now Vodafone) yesterday ruled that it was not competent to deal with issues bordering on the constitutionality or otherwise of the sale.
According to the court, it was the sole preserve of the Supreme Court to interpret issues bordering on the Constitution.
Consequently, the Presiding Judge, Mr Justice Henry Kwofie, has decided to refer aspects of the suit which bordered on the constitutionality or otherwise of the sale to the Supreme Court for interpretation.
Mr Justice Kwofie, accordingly, ordered the Attorney-General and GT to furnish the court with a copy of the Sale and Purchase Agreement (SPA) on GT on or before November 3, 2009.
The matter was, accordingly, adjourned to November 23, 2009 for the court to refer specific aspects of the suit which bordered on constitutionality to the Supreme Court for determination.
The plaintiffs in the matter, Professor Agyeman Badu Akosa and five others, sued the Attorney-General and Minister of Justice, Ghana Telecommunications Company Limited and the Registrar General over the sale of Ghana Telecom to Vodafone.
The other plaintiffs, who are all members of the Convention People’s Party (CPP), are Mr Michael Kosi Dedey, Dr Nii Moi Thompson, Naa Kordai Assimeh, Ms Rhodaline Imoru Ayarna and Mr Kwame Jantuah, and they are calling for a declaration that the sale of GT is inimical to the public interest.
They are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with due process of law and is, therefore, a nullity.
They are also seeking an order declaring that the forcible grouping of autonomous state institutions established by law — Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets — with GT to form the purported Enlarged GT Group was unlawful and, therefore, void and of no legal effect.
The plaintiffs are further praying for an order of perpetual injunction to restrain the government from disposing of its 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana, among others.
Citing authorities to buttress the court’s decision, Mr Justice Kwofie held that both parties had raised issues which bordered on constitutionality and it was, therefore, proper for the court to refer those aspects to the Supreme Court.
He said he would study the SPA, make the necessary referral to the Supreme Court and hear other aspects of the case which did not border on constitutionality.
Declining to vary whether or not an agreement executed by the government and ratified by Parliament could be challenged in the High Court, the court was of the view that that aspect would not prejudice the case in any way.
In the substantive suit, the plaintiffs are contending that the SPA entered into among the Government of Ghana, GT and Vodafone for the sale of 70 per cent of GT for $900 million was against the public interest and constituted an abuse of the discretionary powers of the government.
They said they were opposed to the unlawful establishment of the said Enlarged GT Group, as it undermined the sovereignty of the country and endangered the national security of Ghana.
According to them, the decision of the government to transfer the assets, properties, shares, equipment, among others, to Vodafone was obnoxious, unlawful and inimical to the public interest, particularly when no consideration was required to be paid by Vodafone for the stated assets.
The plaintiffs argued that the three Ministers of State and the managing director of GT who signed the agreement on behalf of the government did not exercise the requisite level of circumspection required of them as public officers in relation to public property.
Friday, October 23, 2009
Court discharges Lamptey Mills • Matter settled out of court
Friday, October 23, 2009 (Page 3 Lead)
THE Circuit Court in Accra today discharged the Proprietor of the Great Lamptey Mills Institute, Mr Enoch Nii Lamptey Mills, who was charged with compulsory marriage.
Mr Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16 but he had denied any wrongdoing.
He was discharged alongside two other accused persons namely Georgina Sabah, the victim’s mother and Evelyn Engmann, the victim’s grandmother, who were charged with abetment.
The court arrived at that decision after the victim’s father/complainant in the case, Mr Odartey Lamptey, announced to the court that he had decided to withdraw his complaint against Mr Mills and the others following a resolution of the matter by parties in the case.
The presiding judge, Mrs Georgina Mensah-Datsa accordingly discharged the accused persons after she had held deliberations with the victim in her chambers in the presence of the prosecutor, the complainant and defence counsel.
According to the trial judge, the charge levelled against Mr Mills was a misdemeanor of which the law allowed out of court settlement.
She said she also took into account the fact that the complainant had withdrawn the case against the three as well as the interest of child.
The court emphasized that a criminal matter could not go on without a complainant and further pointed out that the prosecution had not objected to the withdrawal of the matter from the court.
She further stated that the victim had also told her (judge) in the presence of the prosecutor and defence lawyer that she consented to amicable resolution of the matter.
The court concluded that considering the above reasons it was the court’s duty to discharge the accused persons.
Mr Mills, who was clad in an all-white apparel as usual walked out of the courtroom a free man in the company of his sympathisers.
On Monday, Mr Mills and the two others were granted self recognisance bail by the court.
Counsel for Mr Mills, Mr Bannerman Williams, told the court that the parties in the matter had sought an out of court settlement. the offence was a misdemeanor and to add to that the family had taken into account the fact that there was a child between Mr Mills and the victim.
Counsel said the family agreed that the welfare of the child will be better protected and promoted if the matter was resolved out of court.
It accordingly adjourned the matter to today, October 22, 2009 to enable the complainant to respond appropriately.
According to the prosecution, Mr Mills’ relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
He was alleged to have promised to compensate the victim with a building and further promised to take the then yet-to-be-born child to South Africa to for education while the victim would remain in Ghana to continue her education to the university level.
However, Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school a year after the child was born.
Great Lamptey Mills Institute, formerly Lamptey Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
THE Circuit Court in Accra today discharged the Proprietor of the Great Lamptey Mills Institute, Mr Enoch Nii Lamptey Mills, who was charged with compulsory marriage.
Mr Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16 but he had denied any wrongdoing.
He was discharged alongside two other accused persons namely Georgina Sabah, the victim’s mother and Evelyn Engmann, the victim’s grandmother, who were charged with abetment.
The court arrived at that decision after the victim’s father/complainant in the case, Mr Odartey Lamptey, announced to the court that he had decided to withdraw his complaint against Mr Mills and the others following a resolution of the matter by parties in the case.
The presiding judge, Mrs Georgina Mensah-Datsa accordingly discharged the accused persons after she had held deliberations with the victim in her chambers in the presence of the prosecutor, the complainant and defence counsel.
According to the trial judge, the charge levelled against Mr Mills was a misdemeanor of which the law allowed out of court settlement.
She said she also took into account the fact that the complainant had withdrawn the case against the three as well as the interest of child.
The court emphasized that a criminal matter could not go on without a complainant and further pointed out that the prosecution had not objected to the withdrawal of the matter from the court.
She further stated that the victim had also told her (judge) in the presence of the prosecutor and defence lawyer that she consented to amicable resolution of the matter.
The court concluded that considering the above reasons it was the court’s duty to discharge the accused persons.
Mr Mills, who was clad in an all-white apparel as usual walked out of the courtroom a free man in the company of his sympathisers.
On Monday, Mr Mills and the two others were granted self recognisance bail by the court.
Counsel for Mr Mills, Mr Bannerman Williams, told the court that the parties in the matter had sought an out of court settlement. the offence was a misdemeanor and to add to that the family had taken into account the fact that there was a child between Mr Mills and the victim.
Counsel said the family agreed that the welfare of the child will be better protected and promoted if the matter was resolved out of court.
It accordingly adjourned the matter to today, October 22, 2009 to enable the complainant to respond appropriately.
According to the prosecution, Mr Mills’ relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
He was alleged to have promised to compensate the victim with a building and further promised to take the then yet-to-be-born child to South Africa to for education while the victim would remain in Ghana to continue her education to the university level.
However, Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school a year after the child was born.
Great Lamptey Mills Institute, formerly Lamptey Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
No show in court for 3 high-profile cases • Trial judge on leave
Thursday, October 22, 2009 (Page 3 Lead)
THREE high profile cases involving 10 personalities were today not heard at the Fast Track High Court because the trial judge is on leave.
The cases which involves a former Minister of Information, Stephen Asamoah-Boateng aka Asabee, his wife, Zuleika and six others over GH¢86,915.85 renovation works at the ministry as well as the former Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, were adjourned to November 23, 2009.
A third case, which involves the Chief Executive of Exopa Modelling Agency, Sima Ibrahim, was adjourned for two weeks as required under the new High Court rules.
The rules stipulate that persons on remand must not be remanded for more than two weeks.
Sources said the trial judge, Mr Justice Charles Quist, who was hearing these cases during the vacation period as a vacation judge had taken his annual leave.
Sources said the judge was due to resume work in December 2009.
Asabee and his wife are standing trial with a former Deputy Information Minister, Frank Agyekum, Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
They are facing various charges relating to conspiracy, attempt to commit criminal offence, to wit defrauding by false pretences, forgery of official documents, possession of forged documents, uttering of forged documents and deceit of public officers.
All the accused persons have pleaded not guilty to the charges and have been admitted to bail in the sum of GH¢ 10,000 with a surety.
Counsel for the former minister, denied that the contract did not follow the due process of law since the right procedures were adhered to.
In the case of the former NIB Boss, he (Gyimah) and the Managing Director of Eland International Ghana Limited, Arvind Kumar Bhartnagor have been jointly charged with conspiracy to defraud.
Other charges preferred against them are attempting to defraud the international banking community and three counts of forgery of documents including reports on goods under the control of the NIB for Eland.
In the third case, Ibrahim, was alleged to have attempted to export substances believed to be narcotic drugs.
Ibrahim, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 while he was going through departure formalities to travel to Germany.
The prosecution told the court that the accused person is also a model and that he had arrived at the Kotoka International Airport (KIA) on September 7, 2009 to board a flight to Germany.
According to the prosecution, while the accused person was going through departure formalities, officials of the Narcotic Control Board (NACOB) suspected him of carrying narcotic drugs and subsequently invited him for interrogation and it was during the search that the four tubers of yam containing narcotic drugs were found.
He is currently on remand in police custody.
THREE high profile cases involving 10 personalities were today not heard at the Fast Track High Court because the trial judge is on leave.
The cases which involves a former Minister of Information, Stephen Asamoah-Boateng aka Asabee, his wife, Zuleika and six others over GH¢86,915.85 renovation works at the ministry as well as the former Managing Director of the National Investment Bank (NIB), Daniel Charles Gyimah, were adjourned to November 23, 2009.
A third case, which involves the Chief Executive of Exopa Modelling Agency, Sima Ibrahim, was adjourned for two weeks as required under the new High Court rules.
The rules stipulate that persons on remand must not be remanded for more than two weeks.
Sources said the trial judge, Mr Justice Charles Quist, who was hearing these cases during the vacation period as a vacation judge had taken his annual leave.
Sources said the judge was due to resume work in December 2009.
Asabee and his wife are standing trial with a former Deputy Information Minister, Frank Agyekum, Kofi Asamoah-Boateng, a former Director of Finance and Administration at the Ministry of Information; Kwabena Denkyira, a former Deputy Director of Finance and Administration at the ministry; Yasmin Domua, a manageress; Prosper Aku of Supreme Procurement Agency Ltd and the company as an entity.
They are facing various charges relating to conspiracy, attempt to commit criminal offence, to wit defrauding by false pretences, forgery of official documents, possession of forged documents, uttering of forged documents and deceit of public officers.
All the accused persons have pleaded not guilty to the charges and have been admitted to bail in the sum of GH¢ 10,000 with a surety.
Counsel for the former minister, denied that the contract did not follow the due process of law since the right procedures were adhered to.
In the case of the former NIB Boss, he (Gyimah) and the Managing Director of Eland International Ghana Limited, Arvind Kumar Bhartnagor have been jointly charged with conspiracy to defraud.
Other charges preferred against them are attempting to defraud the international banking community and three counts of forgery of documents including reports on goods under the control of the NIB for Eland.
In the third case, Ibrahim, was alleged to have attempted to export substances believed to be narcotic drugs.
Ibrahim, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 while he was going through departure formalities to travel to Germany.
The prosecution told the court that the accused person is also a model and that he had arrived at the Kotoka International Airport (KIA) on September 7, 2009 to board a flight to Germany.
According to the prosecution, while the accused person was going through departure formalities, officials of the Narcotic Control Board (NACOB) suspected him of carrying narcotic drugs and subsequently invited him for interrogation and it was during the search that the four tubers of yam containing narcotic drugs were found.
He is currently on remand in police custody.
Cocaine: Prosecutor flies to Equador
Saturday, October 17, 2009 (Page 3)
THE investigator in the case involving six persons charged with illegally importing 71.45 kilogrammes of cocaine into the country is in Equador to conduct further investigations.
Augustina Abu, the importer; Yaw Attah Nkansah, a clearing agent; Alfred Amedzi, the Managing Director of Sedco Agency; Kennedy Osei and Simon Bede, both directors of Sedco Agency, and Francis Addo, a driver, are being held for importing narcotic drugs suspected to be cocaine into the country and engaging in criminal conspiracy.
They have pleaded not guilty to the charges.
At the court’s sitting in Accra yesterday, the prosecutor, Ms Cynthia Lamptey, a Chief State Attorney, told the court that the investigator was off to Equador to conduct further investigations into the case and for that matter the prosecution needed a month’s adjournment.
Her plea was met with a quick rejection from defence lawyers who did not take the prosecution’s prayer kindly.
They accused the prosecution of causing an unreasonable delay in the case which, in turn, abused the rights of the accused persons.
They, therefore, prayed the court to grant their clients bail.
However, the court was of the view that there had not been any unreasonable delay in the case.
The trial judge, Mr Justice C. J. Honyenugah, an Appeal Court judge sitting with additional responsibility as a High Court judge, said the accused persons had been in custody for five months and the court did not consider that as a delay.
He also reminded the defence lawyers to be mindful of the fact that the law did not allow bail to be granted to persons charged on narcotic offences.
The court, therefore, maintained its position of not granting bail to the accused persons.
Mr Justice Honyenugah also directed the prosecution to furnish the court with evidence of the investigator’s travel to ensure fairness.
The matter was adjourned to November 16, 2009.
The accused persons had earlier been put before Mrs Justice Irismay Brown, a Court of Appeal judge, who admitted them to bail.
However, the prosecution filed a nolle prosequi, re-arrested the accused persons and later put them before Mr Justice Honyenugah.
The facts of the case are that on May 15, this year, the M/V Maersk Nolanville docked at the Tema Port with containers from Ecuador, Panama and Spain.
The prosecution said among the containers was one with number MSAU0118160 manifested to contain 1,880 cartons of chewing gum imported by Ms Abu of Augustina Abu Enterprise.
The prosecutor said personnel of the Joint Port Control Unit (JPCU), made up officers from the Narcotics Control Board, the Customs, Excise and Preventive Service (CEPS), the Bureau of National Investigations (BNI), the Ghana Ports and Harbours Authority (GPHA) and the Police Service tagged the said container, which meant that it could only be opened by JPCU officers.
About 3:30 p.m. on May 19, the container was scanned and the image disclosed that it contained some other objects in addition to its official cargo.
During a thorough examination, two bags containing 61 slabs of a whitish substance suspected to be cocaine were found among the cartons of chewing gum.
A test of the substance indicated that it was cocaine.
THE investigator in the case involving six persons charged with illegally importing 71.45 kilogrammes of cocaine into the country is in Equador to conduct further investigations.
Augustina Abu, the importer; Yaw Attah Nkansah, a clearing agent; Alfred Amedzi, the Managing Director of Sedco Agency; Kennedy Osei and Simon Bede, both directors of Sedco Agency, and Francis Addo, a driver, are being held for importing narcotic drugs suspected to be cocaine into the country and engaging in criminal conspiracy.
They have pleaded not guilty to the charges.
At the court’s sitting in Accra yesterday, the prosecutor, Ms Cynthia Lamptey, a Chief State Attorney, told the court that the investigator was off to Equador to conduct further investigations into the case and for that matter the prosecution needed a month’s adjournment.
Her plea was met with a quick rejection from defence lawyers who did not take the prosecution’s prayer kindly.
They accused the prosecution of causing an unreasonable delay in the case which, in turn, abused the rights of the accused persons.
They, therefore, prayed the court to grant their clients bail.
However, the court was of the view that there had not been any unreasonable delay in the case.
The trial judge, Mr Justice C. J. Honyenugah, an Appeal Court judge sitting with additional responsibility as a High Court judge, said the accused persons had been in custody for five months and the court did not consider that as a delay.
He also reminded the defence lawyers to be mindful of the fact that the law did not allow bail to be granted to persons charged on narcotic offences.
The court, therefore, maintained its position of not granting bail to the accused persons.
Mr Justice Honyenugah also directed the prosecution to furnish the court with evidence of the investigator’s travel to ensure fairness.
The matter was adjourned to November 16, 2009.
The accused persons had earlier been put before Mrs Justice Irismay Brown, a Court of Appeal judge, who admitted them to bail.
However, the prosecution filed a nolle prosequi, re-arrested the accused persons and later put them before Mr Justice Honyenugah.
The facts of the case are that on May 15, this year, the M/V Maersk Nolanville docked at the Tema Port with containers from Ecuador, Panama and Spain.
The prosecution said among the containers was one with number MSAU0118160 manifested to contain 1,880 cartons of chewing gum imported by Ms Abu of Augustina Abu Enterprise.
The prosecutor said personnel of the Joint Port Control Unit (JPCU), made up officers from the Narcotics Control Board, the Customs, Excise and Preventive Service (CEPS), the Bureau of National Investigations (BNI), the Ghana Ports and Harbours Authority (GPHA) and the Police Service tagged the said container, which meant that it could only be opened by JPCU officers.
About 3:30 p.m. on May 19, the container was scanned and the image disclosed that it contained some other objects in addition to its official cargo.
During a thorough examination, two bags containing 61 slabs of a whitish substance suspected to be cocaine were found among the cartons of chewing gum.
A test of the substance indicated that it was cocaine.
Wednesday, October 21, 2009
Nii Lamptey Mills granted bail
Tuesday, October 20, 2009 (Page 3 Lead)
THE Circuit Court in Accra today granted self recognisance bail to the Proprietor of the Great Lamptey Mills Institute, Enoch Nii Lamptey Mills, who has been charged with compulsory marriage.
Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16 but he had denied any wrongdoing.
He appeared before the court alongside two other accused persons namely Georgina Sabah, the victim’s mother and Evelyn Engmann, the victim’s grandmother, who were charged with abetment.
The two women were also granted self recognisance bail by the court, presided over by Mrs Georgina Mensah-Datsa.
Reporters were subjected to unprintable insults by Georgina. She openly cursed the reporters and said each of them would die if they went ahead to publish her trial.
She questioned reporters whether they went to journalism school only to end up covering her trial.
She further threatened to slap a male reporter but the reporters ignored her and went about their duties.
Georgina, cursed the reporters both inside and outside the courtroom. She was, however, restrained by Mills who was clad in an all white linen apparel.
Mills’ left the Cocoa Affairs Court premises around 11.45 am in the company of friends and sympathisers after he had signed his bail bond.
Earlier, counsel for Mills, Mr Bannerman Williams, informed the court that the victim’s family had met on the issue and the family had agreed to settle the matter out of court.
According to counsel, the offence was a misdemeanour and to add to that the family had taken into account the fact that there was a child between Mills and the victim.
Counsel said the family agreed that the welfare of the child will be better protected and promoted if the matter was resolved out of court.
After his submissions, the trial judge questioned the whereabouts of the complainant in the case but the prosecutor said the complainant was not available.
The matter was stood down for about 20 minutes but the complainant did not show up when the matter was called again.
In reply to defence counsel’s submission, the trial judge held that the head of the family, who had written a letter for an out of court settlement was not present when the offence was committed.
The court was also of the view that the complainant had not seen a copy of the letter and it was therefore, prudent for the complainant to made aware of developments.
It accordingly adjourned the matter to Thursday, October 22, 2009.
The accused person looked composed as usual when he appeared in court in the company of his lawyer.
According to the prosecution, the Mills’ relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
He was alleged to have promised to compensate the victim with a building and further promised to take the then yet-to-be-born child to South Africa to for education while the victim would remain in Ghana to continue her education to the university level.
However, Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school a year after the child was born.
Great Lamptey-Mills Institute, formerly Lamptey-Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
THE Circuit Court in Accra today granted self recognisance bail to the Proprietor of the Great Lamptey Mills Institute, Enoch Nii Lamptey Mills, who has been charged with compulsory marriage.
Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16 but he had denied any wrongdoing.
He appeared before the court alongside two other accused persons namely Georgina Sabah, the victim’s mother and Evelyn Engmann, the victim’s grandmother, who were charged with abetment.
The two women were also granted self recognisance bail by the court, presided over by Mrs Georgina Mensah-Datsa.
Reporters were subjected to unprintable insults by Georgina. She openly cursed the reporters and said each of them would die if they went ahead to publish her trial.
She questioned reporters whether they went to journalism school only to end up covering her trial.
She further threatened to slap a male reporter but the reporters ignored her and went about their duties.
Georgina, cursed the reporters both inside and outside the courtroom. She was, however, restrained by Mills who was clad in an all white linen apparel.
Mills’ left the Cocoa Affairs Court premises around 11.45 am in the company of friends and sympathisers after he had signed his bail bond.
Earlier, counsel for Mills, Mr Bannerman Williams, informed the court that the victim’s family had met on the issue and the family had agreed to settle the matter out of court.
According to counsel, the offence was a misdemeanour and to add to that the family had taken into account the fact that there was a child between Mills and the victim.
Counsel said the family agreed that the welfare of the child will be better protected and promoted if the matter was resolved out of court.
After his submissions, the trial judge questioned the whereabouts of the complainant in the case but the prosecutor said the complainant was not available.
The matter was stood down for about 20 minutes but the complainant did not show up when the matter was called again.
In reply to defence counsel’s submission, the trial judge held that the head of the family, who had written a letter for an out of court settlement was not present when the offence was committed.
The court was also of the view that the complainant had not seen a copy of the letter and it was therefore, prudent for the complainant to made aware of developments.
It accordingly adjourned the matter to Thursday, October 22, 2009.
The accused person looked composed as usual when he appeared in court in the company of his lawyer.
According to the prosecution, the Mills’ relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
He was alleged to have promised to compensate the victim with a building and further promised to take the then yet-to-be-born child to South Africa to for education while the victim would remain in Ghana to continue her education to the university level.
However, Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school a year after the child was born.
Great Lamptey-Mills Institute, formerly Lamptey-Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
Friday, October 16, 2009
Ex-minister, MD on financial loss charge
Thursday, October 15, 2009 (Page 3 Lead)
A former Minister of Foreign Affairs and the former Managing Director of the National Investment Bank (NIB) were yesterday put before the Financial Division of the Fast Track High Court, charged with wilfully causing financial loss to the state.
Mr Akwasi Osei-Adjei and Mr Daniel Charles Gyimah were alleged to have acted together to steal 2,997 bags of rice, valued at US$1,408,590, but lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country had been “criminalised”.
The two were charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Clarifying the bail conditions, the court ordered that the sureties should be immovable properties valued at GH¢1 million. It also ordered that the title deeds covering the immovable properties must be deposited at the court’s registry until otherwise directed by the court.
The court, presided over by Mr Justice Bright Mensah, further ordered the accused persons to report themselves once a week to the investigator in charge of the case.
It, however, declined to order them to deposit their passports, as requested by Mr Anthony Gyambiby, a Chief State Attorney, on the grounds that it was a subject matter at the Court of Appeal.
The court had earlier granted bail in the sum of GH¢2 million to each of the accused persons but counsel for Mr Osei-Adjei, Mr Godfred Yeboah Dame, prayed the court to vary it, to which the court obliged.
The bail was granted after Mr Dame and counsel for Mr Gyimah, Colonel Alex Johnson (retd), had prayed the court to grant their clients bail, since they were men of repute who would avail themselves for trial.
The matter was adjourned to November 4, 2009 for hearing.
The facts of the case were that some time in February 2008 a former Minister of Trade and Industry, Mr Joe Baidoo-Ansah, initiated the importation of rice from India and in a letter dated February 13, 2008 the said minister requested the Government of India, through the High Commission of India in Ghana, to buy 100,000 metric tonnes of (25 - 35 per cent) broken rice.
According to the prosecution, the rice was to arrive in Ghana by May 2008 to help curb the severe increases in the prices of staples in Ghana, while the Ghana National Procurement Agency (GNPA) was the designated consignee.
It said Mr Baidoo-Ansah, in another letter dated April 10, 2008 and addressed to the Minister of External Affairs of India, referred to an earlier meeting held between former President John Agyekum Kufuor and the Minister of Commerce of India and drew attention to the "severe food situation looming in Ghana" and sought to procure from the Government of India 300,000 metric tonnes of low grade white 25 per cent broken rice for shipment to Ghana by June 2008.
In April 2008, Mr Osei-Adjei took over the effort by Mr Baidoo-Ansah and nominated the NIB as the sole consignee. In the process, the NIB, represented by Mr Gyimah, negotiated the terms of the contract with the State Trading Corporation of India through the Ghana High Commission in India.
The prosecution said Ghana’s High Commissioner to India was instructed by Mr Osei-Adjei to sign the contract on behalf of the Government of Ghana, the High Commission and NIB.
The contract was executed and 15,000 metric tonnes (300,000 bags) of rice of 25 per cent broken was to be shipped by Amira Foods Limited (AFL) of India, a private shipping company. The consignment arrived at the Tema Harbour on February 18, 2009.
Initially, the importation of the rice to Ghana was supposed to be a grant but it later turned into a commercial transaction and for that matter Mr Gyimah approached Citibank to issue letters of credit to cover the value of the consignment.
It said on the arrival of the rice, efforts by the NIB to get tax exemption from the Ministry of Finance, which was side-stepped during the transaction, was turned down due to the commercial nature of the transaction.
According to the prosecution, a physical count of the rice revealed a shortage of 2,997 bags, adding that the remaining rice was in varying states of wholesomeness.
The prosecution further stated that investigations conducted into the importation of the rice revealed that provisions of the Public Procurement Act had been side-stepped, adding that the 2,997 missing bags were short-landed and diverted for sale for huge private profit.
The prosecution said it would lead evidence to prove the guilt of the accused persons but their counsel also argued that they would, in the course of the trial, prove the innocence of their clients.
A former Minister of Foreign Affairs and the former Managing Director of the National Investment Bank (NIB) were yesterday put before the Financial Division of the Fast Track High Court, charged with wilfully causing financial loss to the state.
Mr Akwasi Osei-Adjei and Mr Daniel Charles Gyimah were alleged to have acted together to steal 2,997 bags of rice, valued at US$1,408,590, but lawyers for the accused persons have argued that diplomatic efforts embarked upon by the accused persons to solve the food shortage in the country had been “criminalised”.
The two were charged with eight counts of conspiracy, contravention of provisions of the Public Procurement Act, 2003 (Act 663), using public office for profit, stealing and wilfully causing financial loss to the state.
They pleaded not guilty to the charges and were each admitted to bail in the sum of GH¢200,000 with two sureties each to be justified.
Clarifying the bail conditions, the court ordered that the sureties should be immovable properties valued at GH¢1 million. It also ordered that the title deeds covering the immovable properties must be deposited at the court’s registry until otherwise directed by the court.
The court, presided over by Mr Justice Bright Mensah, further ordered the accused persons to report themselves once a week to the investigator in charge of the case.
It, however, declined to order them to deposit their passports, as requested by Mr Anthony Gyambiby, a Chief State Attorney, on the grounds that it was a subject matter at the Court of Appeal.
The court had earlier granted bail in the sum of GH¢2 million to each of the accused persons but counsel for Mr Osei-Adjei, Mr Godfred Yeboah Dame, prayed the court to vary it, to which the court obliged.
The bail was granted after Mr Dame and counsel for Mr Gyimah, Colonel Alex Johnson (retd), had prayed the court to grant their clients bail, since they were men of repute who would avail themselves for trial.
The matter was adjourned to November 4, 2009 for hearing.
The facts of the case were that some time in February 2008 a former Minister of Trade and Industry, Mr Joe Baidoo-Ansah, initiated the importation of rice from India and in a letter dated February 13, 2008 the said minister requested the Government of India, through the High Commission of India in Ghana, to buy 100,000 metric tonnes of (25 - 35 per cent) broken rice.
According to the prosecution, the rice was to arrive in Ghana by May 2008 to help curb the severe increases in the prices of staples in Ghana, while the Ghana National Procurement Agency (GNPA) was the designated consignee.
It said Mr Baidoo-Ansah, in another letter dated April 10, 2008 and addressed to the Minister of External Affairs of India, referred to an earlier meeting held between former President John Agyekum Kufuor and the Minister of Commerce of India and drew attention to the "severe food situation looming in Ghana" and sought to procure from the Government of India 300,000 metric tonnes of low grade white 25 per cent broken rice for shipment to Ghana by June 2008.
In April 2008, Mr Osei-Adjei took over the effort by Mr Baidoo-Ansah and nominated the NIB as the sole consignee. In the process, the NIB, represented by Mr Gyimah, negotiated the terms of the contract with the State Trading Corporation of India through the Ghana High Commission in India.
The prosecution said Ghana’s High Commissioner to India was instructed by Mr Osei-Adjei to sign the contract on behalf of the Government of Ghana, the High Commission and NIB.
The contract was executed and 15,000 metric tonnes (300,000 bags) of rice of 25 per cent broken was to be shipped by Amira Foods Limited (AFL) of India, a private shipping company. The consignment arrived at the Tema Harbour on February 18, 2009.
Initially, the importation of the rice to Ghana was supposed to be a grant but it later turned into a commercial transaction and for that matter Mr Gyimah approached Citibank to issue letters of credit to cover the value of the consignment.
It said on the arrival of the rice, efforts by the NIB to get tax exemption from the Ministry of Finance, which was side-stepped during the transaction, was turned down due to the commercial nature of the transaction.
According to the prosecution, a physical count of the rice revealed a shortage of 2,997 bags, adding that the remaining rice was in varying states of wholesomeness.
The prosecution further stated that investigations conducted into the importation of the rice revealed that provisions of the Public Procurement Act had been side-stepped, adding that the 2,997 missing bags were short-landed and diverted for sale for huge private profit.
The prosecution said it would lead evidence to prove the guilt of the accused persons but their counsel also argued that they would, in the course of the trial, prove the innocence of their clients.
Lamptey-Mills before Court
Wednesday, October 14, 2009 (Front Page)
THE Proprietor of the Great Lamptey Mills Institute, Mr Enoch Nii Lamptey Mills, yesterday appeared before the Accra Circuit Court charged with compulsory marriage.
Mr Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16.
The accused person, who wore a white linen shirt over a white linen pair of trousers, looked composed when he appeared in court in the company of his lawyer.
The matter was, however, heard in camera at the chambers of the trial judge, Mrs Georgina Datsa-Mensah.
According to sources, the victim’s mother and another person whose name and identity were not disclosed have also been charged along with Mr Mills.
Sources close to the case told journalists that Mr Mills, who is currently on police enquiry bail, is expected to reappear next week.
Although Mr Mills had come out to publicly deny knowledge of any case against him, records at the Ministries Police Station indicated that he was arrested on September 9, 2009 and released the following day.
According to the sources, Mr Mills allegedly promised to compensate the victim with a building but he told the police that the building he had promised the girl was at the roofing level.
Mr Mills, they said, also allegedly promised to take the then yet-to-be-born child to South Africa to educate it there, while the mother would remain in Ghana to continue her education to the university level.
They said the accused person’s relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
The Daily Graphic, in its September 11, 2009 issue, reported Mr Mills’s arrest by the police for impregnating and forcing to marry the girl.
One year after the girl had been delivered of a baby, Mr Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school.
Great Lamptey-Mills Institute, formerly Lamptey-Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
THE Proprietor of the Great Lamptey Mills Institute, Mr Enoch Nii Lamptey Mills, yesterday appeared before the Accra Circuit Court charged with compulsory marriage.
Mr Mills, alias Mr Tee, allegedly impregnated one of his former students and forced her to marry him at age 16.
The accused person, who wore a white linen shirt over a white linen pair of trousers, looked composed when he appeared in court in the company of his lawyer.
The matter was, however, heard in camera at the chambers of the trial judge, Mrs Georgina Datsa-Mensah.
According to sources, the victim’s mother and another person whose name and identity were not disclosed have also been charged along with Mr Mills.
Sources close to the case told journalists that Mr Mills, who is currently on police enquiry bail, is expected to reappear next week.
Although Mr Mills had come out to publicly deny knowledge of any case against him, records at the Ministries Police Station indicated that he was arrested on September 9, 2009 and released the following day.
According to the sources, Mr Mills allegedly promised to compensate the victim with a building but he told the police that the building he had promised the girl was at the roofing level.
Mr Mills, they said, also allegedly promised to take the then yet-to-be-born child to South Africa to educate it there, while the mother would remain in Ghana to continue her education to the university level.
They said the accused person’s relationship with the girl started when he was paying the victim’s school fees after she had informed him that her parents were unable to pay her fees.
The Daily Graphic, in its September 11, 2009 issue, reported Mr Mills’s arrest by the police for impregnating and forcing to marry the girl.
One year after the girl had been delivered of a baby, Mr Mills had allegedly failed to keep to his promise of building a house for her, providing for the upkeep of the mother and the child, as well as restoring the girl to school.
Great Lamptey-Mills Institute, formerly Lamptey-Mills Institute, was established on February 4, 1963 by the late Rev Abraham Samuel Lamptey-Mills after whom the school was named.
The Junior High School Department was later established on September 31, 1994 by the current director of the school, Mr Enoch Lamptey-Mills.
The Senior Secondary Department was also founded in 2005 by the same director.
He was among a number of persons who received national awards last year.
Tuesday, October 13, 2009
'Dismiss A-G's motion'
Tuesday, October 13, 2009 (Centre Spread)
LAWYERS of former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, have called on the Court of Appeal to dismiss the Attorney-General Department's motion for stay of execution of a High Court's ruling which ordered the Bureau of National Investigations (BNI) to release the passport of Mr Akwasi Osei-Adjei.
According to the lawyers, the Deputy Attorney-General and Minister of Justice, Mr Ebow Barton-Odro, misled the court on October 7, 2009 when he informed the court that he had since September 17, 2009 applied for a copy of the ruling and therefore needed an adjournment when on the face of the record, he had not done that.
“That as borne out by an enquiry conducted by our law firm at the Registry of the court below, it is utterly untrue that the Attorney-General’s Department had applied for a copy of the ruling by the court below as at the time the Deputy Attorney-General appeared before this Honourable Court and made statements to that effect,” a supplementary affidavit in opposition to the A-G Department's application for stay of execution said.
The court had, on October 7, 2009, adjourned the case indefinitely but a search conducted by lawyers for Mr Osei-Adjei revealed that Mr Barton-Odro had on October 7, 2009 applied for a copy of the lower court's ruling after he had appeared at the Court of Appeal on that day.
"That the falsehood apparent from the statements by the learned Deputy Attorney-General clearly epitomises the falsehood with which all the depositions in the applicant's affidavit is laced and was a deliberate attempt to frustrate the hearing of the instant application," the supplementary affidavit in opposition to the A-G Department's application for stay of execution said.
The Court of Appeal, on Friday, October 7, 2009, adjourned indefinitely to enable the Attorney-General’s (A-G’s) Department to receive a certified copy of the ruling of the Human Rights Division of the High Court which refused to stay its earlier order directing the BNI to release Mr Osei-Adjei’s passport.
Mr Barton-Odro prayed the court to adjourn the matter to enable his outfit to receive a certified copy of the lower court’s ruling which refused to stay execution of its earlier order.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally, but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated, under the Security and Intelligence Agencies Act (Act 526), to investigate him.
The court had, on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the former minister’s passport, adding that the action violated his fundamental human rights because it did not follow the due process of law.
The court, however, struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were carried out on behalf of the Republic and, therefore, was not properly sued.
However, the A-G’s office filed an appeal against the court’s decision and, accordingly, filed another motion praying the court to stay execution of its order pending the outcome of its appeal.
However, on September 15, 2009, the Human Rights Court dismissed the application filed by the A-G to stay execution of the order to the BNI to release Mr Osei-Adjei’s passport to him.
The court, presided over by Mr Justice U.P. Dery, described as untenable the argument by the A-G that if the former minister was given his passport there was the likelihood that he would interfere with the investigations.
LAWYERS of former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei, have called on the Court of Appeal to dismiss the Attorney-General Department's motion for stay of execution of a High Court's ruling which ordered the Bureau of National Investigations (BNI) to release the passport of Mr Akwasi Osei-Adjei.
According to the lawyers, the Deputy Attorney-General and Minister of Justice, Mr Ebow Barton-Odro, misled the court on October 7, 2009 when he informed the court that he had since September 17, 2009 applied for a copy of the ruling and therefore needed an adjournment when on the face of the record, he had not done that.
“That as borne out by an enquiry conducted by our law firm at the Registry of the court below, it is utterly untrue that the Attorney-General’s Department had applied for a copy of the ruling by the court below as at the time the Deputy Attorney-General appeared before this Honourable Court and made statements to that effect,” a supplementary affidavit in opposition to the A-G Department's application for stay of execution said.
The court had, on October 7, 2009, adjourned the case indefinitely but a search conducted by lawyers for Mr Osei-Adjei revealed that Mr Barton-Odro had on October 7, 2009 applied for a copy of the lower court's ruling after he had appeared at the Court of Appeal on that day.
"That the falsehood apparent from the statements by the learned Deputy Attorney-General clearly epitomises the falsehood with which all the depositions in the applicant's affidavit is laced and was a deliberate attempt to frustrate the hearing of the instant application," the supplementary affidavit in opposition to the A-G Department's application for stay of execution said.
The Court of Appeal, on Friday, October 7, 2009, adjourned indefinitely to enable the Attorney-General’s (A-G’s) Department to receive a certified copy of the ruling of the Human Rights Division of the High Court which refused to stay its earlier order directing the BNI to release Mr Osei-Adjei’s passport.
Mr Barton-Odro prayed the court to adjourn the matter to enable his outfit to receive a certified copy of the lower court’s ruling which refused to stay execution of its earlier order.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally, but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated, under the Security and Intelligence Agencies Act (Act 526), to investigate him.
The court had, on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the former minister’s passport, adding that the action violated his fundamental human rights because it did not follow the due process of law.
The court, however, struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were carried out on behalf of the Republic and, therefore, was not properly sued.
However, the A-G’s office filed an appeal against the court’s decision and, accordingly, filed another motion praying the court to stay execution of its order pending the outcome of its appeal.
However, on September 15, 2009, the Human Rights Court dismissed the application filed by the A-G to stay execution of the order to the BNI to release Mr Osei-Adjei’s passport to him.
The court, presided over by Mr Justice U.P. Dery, described as untenable the argument by the A-G that if the former minister was given his passport there was the likelihood that he would interfere with the investigations.
Monday, October 12, 2009
Attorney-General justifies trip
Monday, October 12, 2009 (Centre Spread)
THE Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, has described as “unwarranted and negative” assertions by her critics that her trip to the United Kingdom to gather relevant information on the Mabey & Johnson bribery case was a waste of national resources.
She said, “This type of negation does not go well for the continuous working of the rule of law.”
“My visit was extremely useful and enabled the President to take certain decisions in an informed manner in respect of the way forward on the Mabey & Johnson matter,” the Attorney-General and Minister of Justice emphasised.
Disagreeing with claims by the Alliance For Accountable Governance (AFAG), a political pressure group, that her trip would not yield any independent findings, Mrs Mould-Iddrisu told the Daily Graphic in an interview that such assertions were false.
According to her, the Attorney-General was a national competent authority and any dealings in international criminal matters between sovereign countries should go through competent national authorities.
She, therefore, stated that President John Evans Atta Mills did the most appropriate thing by directing her to travel to the UK to gather the relevant information on the bribery allegations.
Further justifying her trip to the UK from October 5 to October 7, 2009, Mrs Mould-Iddrisu stated that any agency from a different country seeking assistance on information under the mutual, “Legal Assistance Scheme can only do so through the respective national authorities”.
Touching on the referral of the matter to the Commission on Human Rights and Administrative Justice (CHRAJ), the Attorney-General said “as I understand it, the CHRAJ is looking into the allegations under the laws of Ghana alone”.
Asked the way forward following the resignations of the two ministers and the subsequent handling of the matter by the CHRAJ, Mrs Mould-Iddrisu said, “I will continue to engage competent UK authorities and other relevant bodies until the final resolution of the matter.”
Mabey & Johnson, a construction firm, had claimed in a court in London that it had paid bribes to influence the award of contracts in Ghana in the early 1990s.
The Ghanaian officials mentioned in the alleged scandal include Dr George Yankey, the Minister of Health, who resigned last Friday. He was then a director at the Ministry of Finance.
The other mentioned officials are Alhaji Amadu Seidu, a Minister of State at the Castle, who was also a Deputy Minister of Roads and Highways in the 1990s. He also tendered in his resignation last Friday.
The rest are Dr Ato Quarshie, who was a Minister of Roads and Highways; Alhaji Boniface Abubakar Siddique, a Minister of Water Resources, Works and Housing in the Kufuor administration who was a director at the Ministry of Finance and Economic Planning at the time of the alleged scandal, and one Mr Edward Attipoe.
Following the allegations of bribery, President J.E.A. Mills directed Mrs Mould-Iddrisu to gather the relevant information from the UK authorities on the claim in a court in London by Mabey and Johnson that it had paid bribes to influence the award of contracts in Ghana in the early 1990s.
THE Attorney-General and Minister of Justice, Mrs Betty Mould-Iddrisu, has described as “unwarranted and negative” assertions by her critics that her trip to the United Kingdom to gather relevant information on the Mabey & Johnson bribery case was a waste of national resources.
She said, “This type of negation does not go well for the continuous working of the rule of law.”
“My visit was extremely useful and enabled the President to take certain decisions in an informed manner in respect of the way forward on the Mabey & Johnson matter,” the Attorney-General and Minister of Justice emphasised.
Disagreeing with claims by the Alliance For Accountable Governance (AFAG), a political pressure group, that her trip would not yield any independent findings, Mrs Mould-Iddrisu told the Daily Graphic in an interview that such assertions were false.
According to her, the Attorney-General was a national competent authority and any dealings in international criminal matters between sovereign countries should go through competent national authorities.
She, therefore, stated that President John Evans Atta Mills did the most appropriate thing by directing her to travel to the UK to gather the relevant information on the bribery allegations.
Further justifying her trip to the UK from October 5 to October 7, 2009, Mrs Mould-Iddrisu stated that any agency from a different country seeking assistance on information under the mutual, “Legal Assistance Scheme can only do so through the respective national authorities”.
Touching on the referral of the matter to the Commission on Human Rights and Administrative Justice (CHRAJ), the Attorney-General said “as I understand it, the CHRAJ is looking into the allegations under the laws of Ghana alone”.
Asked the way forward following the resignations of the two ministers and the subsequent handling of the matter by the CHRAJ, Mrs Mould-Iddrisu said, “I will continue to engage competent UK authorities and other relevant bodies until the final resolution of the matter.”
Mabey & Johnson, a construction firm, had claimed in a court in London that it had paid bribes to influence the award of contracts in Ghana in the early 1990s.
The Ghanaian officials mentioned in the alleged scandal include Dr George Yankey, the Minister of Health, who resigned last Friday. He was then a director at the Ministry of Finance.
The other mentioned officials are Alhaji Amadu Seidu, a Minister of State at the Castle, who was also a Deputy Minister of Roads and Highways in the 1990s. He also tendered in his resignation last Friday.
The rest are Dr Ato Quarshie, who was a Minister of Roads and Highways; Alhaji Boniface Abubakar Siddique, a Minister of Water Resources, Works and Housing in the Kufuor administration who was a director at the Ministry of Finance and Economic Planning at the time of the alleged scandal, and one Mr Edward Attipoe.
Following the allegations of bribery, President J.E.A. Mills directed Mrs Mould-Iddrisu to gather the relevant information from the UK authorities on the claim in a court in London by Mabey and Johnson that it had paid bribes to influence the award of contracts in Ghana in the early 1990s.
Sunday, October 11, 2009
Exopa CEO's case adjourned to Oct 12
October 8, 2009 (Page 3)
THE trial of the Chief Executive Officer of Exopa Modelling Agency, Sima Ibrahim, for allegedly attempting to export substances believed to be narcotic was yesterday adjourned to October 12, 2009.
The adjournment resulted from the fact that the court hearing the case did not sit.
A crowd, many of whom included models of his agency, thronged the court premises to show solidarity.
Court clerks gave the new date to prosecutors and counsel for the accused person.
On September 23, 2009, the prosecution had sought an adjournment to await the final report on the suspected substances which were found on Ibrahim from the Ghana Standards Board (GSB) but counsel for the accused person, Mr Kwame Boafo Akuffo, did not take kindly to the adjournment, saying that at the previous sitting the court had been made aware that investigations had been completed to pave way for the case to proceed.
Ibrahim is in prison custody on two counts of attempted exportation of narcotic drugs and possession of narcotic drugs without licence.
He has pleaded not guilty to the charges at the Accra Fast Track High Court.
The court, presided over by Mr Justice Charles Quist, ordered the police to continue to hold a Range Rover vehicle, which they impounded from the residence of the model, until otherwise directed.
Ibrahim, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 while he was going through departure formalities to travel to Germany.
The prosecution told the court that the accused person is also a model and that he had arrived at the Kotoka International Airport (KIA) on September 7, 2009 to board a flight to Germany.
According to the prosecution, while the accused person was going through departure formalities, officials of the Narcotic Control Board (NACOB) suspected him of carrying narcotic drugs and subsequently invited him for interrogation.
It said the NACOB officials called for the accused person’s bag and when it was searched, four tubers of yam were found in it and that aroused their suspicion.
The prosecution told the court that when the tubers of yam were examined, it was detected that they had been cut open and five kilogrammes of a whitish substance suspected to be narcotic drugs concealed in them.
It stated that the accused person admitted ownership of the yams and said they had been given to him by someone he named as Salifu for delivery to another person in Germany for a fee of 3,000 Euros.
It said when the accused person’s residence was searched, items including a bread knife and glue suspected to have been used by him were retrieved.
THE trial of the Chief Executive Officer of Exopa Modelling Agency, Sima Ibrahim, for allegedly attempting to export substances believed to be narcotic was yesterday adjourned to October 12, 2009.
The adjournment resulted from the fact that the court hearing the case did not sit.
A crowd, many of whom included models of his agency, thronged the court premises to show solidarity.
Court clerks gave the new date to prosecutors and counsel for the accused person.
On September 23, 2009, the prosecution had sought an adjournment to await the final report on the suspected substances which were found on Ibrahim from the Ghana Standards Board (GSB) but counsel for the accused person, Mr Kwame Boafo Akuffo, did not take kindly to the adjournment, saying that at the previous sitting the court had been made aware that investigations had been completed to pave way for the case to proceed.
Ibrahim is in prison custody on two counts of attempted exportation of narcotic drugs and possession of narcotic drugs without licence.
He has pleaded not guilty to the charges at the Accra Fast Track High Court.
The court, presided over by Mr Justice Charles Quist, ordered the police to continue to hold a Range Rover vehicle, which they impounded from the residence of the model, until otherwise directed.
Ibrahim, 39, was arrested at the Kotoka International Airport about 11 p.m. on September 7, 2009 while he was going through departure formalities to travel to Germany.
The prosecution told the court that the accused person is also a model and that he had arrived at the Kotoka International Airport (KIA) on September 7, 2009 to board a flight to Germany.
According to the prosecution, while the accused person was going through departure formalities, officials of the Narcotic Control Board (NACOB) suspected him of carrying narcotic drugs and subsequently invited him for interrogation.
It said the NACOB officials called for the accused person’s bag and when it was searched, four tubers of yam were found in it and that aroused their suspicion.
The prosecution told the court that when the tubers of yam were examined, it was detected that they had been cut open and five kilogrammes of a whitish substance suspected to be narcotic drugs concealed in them.
It stated that the accused person admitted ownership of the yams and said they had been given to him by someone he named as Salifu for delivery to another person in Germany for a fee of 3,000 Euros.
It said when the accused person’s residence was searched, items including a bread knife and glue suspected to have been used by him were retrieved.
Osei-Adjei's case adjourned indefinitely
October 8, 2009 (Page 3 Lead)
THE Court of Appeal yesterday adjourned indefinitely the appeal filed by the Attorney-General for stay of execution of a High Court order directing the Bureau of National Investigations (BNI) to release the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs, to him.
The matter was adjourned to enable the Attorney-General’s (A-G’s) Department to receive a certified copy of the ruling of the Human Rights Division of the High Court which refused to stay its earlier order directing the BNI to release Mr Osei-Adjei’s passport.
At the court’s sitting in Accra yesterday, the Deputy Attorney-General and Minister of Justice, Mr Ebow Barton-Oduro, prayed the court to adjourn the matter to enable his outfit to receive a certified copy of the lower court’s ruling which refused to stay execution of its earlier order.
The court, accordingly, adjourned the matter indefinitely. A new date will be fixed as soon as the Attorney-General’s Department receives a copy of the lower court’s ruling.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally, but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated, under the Security and Intelligence Agencies Act (Act 526), to investigate him.
The court had, on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the former minister’s passport, adding that the action violated his fundamental human rights because it did not follow the due process of law.
The court, however, struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were carried out on behalf of the Republic and, therefore, was not properly sued.
However, the A-G’s office filed an appeal against the court’s decision and, accordingly, filed another motion praying the court to stay execution of its order pending the outcome of its appeal.
However, on September 15, 2009, the Human Rights Court dismissed the application filed by the A-G to stay execution of the order to the BNI to release Mr Osei-Adjei’s passport to him.
The court, presided over by Mr Justice U.P. Dery, described as untenable the argument by the A-G that if the former minister was given his passport there was the likelihood that he would interfere with the investigations.
THE Court of Appeal yesterday adjourned indefinitely the appeal filed by the Attorney-General for stay of execution of a High Court order directing the Bureau of National Investigations (BNI) to release the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs, to him.
The matter was adjourned to enable the Attorney-General’s (A-G’s) Department to receive a certified copy of the ruling of the Human Rights Division of the High Court which refused to stay its earlier order directing the BNI to release Mr Osei-Adjei’s passport.
At the court’s sitting in Accra yesterday, the Deputy Attorney-General and Minister of Justice, Mr Ebow Barton-Oduro, prayed the court to adjourn the matter to enable his outfit to receive a certified copy of the lower court’s ruling which refused to stay execution of its earlier order.
The court, accordingly, adjourned the matter indefinitely. A new date will be fixed as soon as the Attorney-General’s Department receives a copy of the lower court’s ruling.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally, but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated, under the Security and Intelligence Agencies Act (Act 526), to investigate him.
The court had, on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the former minister’s passport, adding that the action violated his fundamental human rights because it did not follow the due process of law.
The court, however, struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were carried out on behalf of the Republic and, therefore, was not properly sued.
However, the A-G’s office filed an appeal against the court’s decision and, accordingly, filed another motion praying the court to stay execution of its order pending the outcome of its appeal.
However, on September 15, 2009, the Human Rights Court dismissed the application filed by the A-G to stay execution of the order to the BNI to release Mr Osei-Adjei’s passport to him.
The court, presided over by Mr Justice U.P. Dery, described as untenable the argument by the A-G that if the former minister was given his passport there was the likelihood that he would interfere with the investigations.
Friday, September 4, 2009
American teenager provides water for Mo residents
Friday, September 4, 2009 (DAILY GRAPHIC - CENTRE SPREAD)
AN 18-year-old American national, Mr Cameron Murray, has embarked on a project to provide clean drinking water for inhabitants of Mo and surrounding villages in northern Ghana.
He has so far raised more than $8,000 to drill new boreholes, as well as repairing four additional boreholes which had broken down for more than three years.
Mr Murray, founder of Rock For Reason, told the Daily Graphic that he was touched when he realised that many inhabitants of Mo were without potable water and he, therefore, began the project in order to provide potable water to thousands of inhabitants.
According to him, he decided to turn things around when he went back home to Seattle, Washington State in the United States of America (USA) and began organising concerts to raise money for the project.
“I began my pursuit to put smiles on the faces of these inhabitants by organising local concerts in Maple Valley to raise funds to drill boreholes for the people of Mo and surrounding villages,” Mr Murray, the son of the Head Pastor of Real Life Church, Maple Valley, Seattle, pointed out.
Mr Murray’s plan included producing benefit concerts featuring local up-and-coming bands and in the process raised money through the sale of tickets, T-shirts, and snacks.
According to him, he managed to recruit the youth who believed in his vision to help carry out the mission to provide potable water at Mo and surrounding villages.
Mr Cameron said it all began when his dad, Pastor Murray, took him on a mission trip to Mo where they visited many communities that were without clean water and also saw many women and children travel hundreds of miles to have access to water.
“I was moved by what I witnessed and decided to make a difference in their lives,” Mr Murray stated.
Back home, Mr Murray accordingly organised teenagers at Maple Valley, showed pictures of the source of drinking water of the people of Mo and raised funds in the process.
Mr Murray raised enough funds and visited Mo last month with more than eight of his colleagues in pursuit of the project.
They have since left for Seattle to raise more funds.
He has currently set up a website with address: rockforreason.com to solicit support of any form from public-spirited individuals and organisations.
AN 18-year-old American national, Mr Cameron Murray, has embarked on a project to provide clean drinking water for inhabitants of Mo and surrounding villages in northern Ghana.
He has so far raised more than $8,000 to drill new boreholes, as well as repairing four additional boreholes which had broken down for more than three years.
Mr Murray, founder of Rock For Reason, told the Daily Graphic that he was touched when he realised that many inhabitants of Mo were without potable water and he, therefore, began the project in order to provide potable water to thousands of inhabitants.
According to him, he decided to turn things around when he went back home to Seattle, Washington State in the United States of America (USA) and began organising concerts to raise money for the project.
“I began my pursuit to put smiles on the faces of these inhabitants by organising local concerts in Maple Valley to raise funds to drill boreholes for the people of Mo and surrounding villages,” Mr Murray, the son of the Head Pastor of Real Life Church, Maple Valley, Seattle, pointed out.
Mr Murray’s plan included producing benefit concerts featuring local up-and-coming bands and in the process raised money through the sale of tickets, T-shirts, and snacks.
According to him, he managed to recruit the youth who believed in his vision to help carry out the mission to provide potable water at Mo and surrounding villages.
Mr Cameron said it all began when his dad, Pastor Murray, took him on a mission trip to Mo where they visited many communities that were without clean water and also saw many women and children travel hundreds of miles to have access to water.
“I was moved by what I witnessed and decided to make a difference in their lives,” Mr Murray stated.
Back home, Mr Murray accordingly organised teenagers at Maple Valley, showed pictures of the source of drinking water of the people of Mo and raised funds in the process.
Mr Murray raised enough funds and visited Mo last month with more than eight of his colleagues in pursuit of the project.
They have since left for Seattle to raise more funds.
He has currently set up a website with address: rockforreason.com to solicit support of any form from public-spirited individuals and organisations.
Muslims assured of incident-free Hajj
Thursday, September 3, 2009 (Page 45)
MUSLIMS in the country have been given the assurance that their endeavour to undertake this year’s holy pilgrimage to Mecca will be incident-free.
The Vice President, Mr John Mahama, in a speech read on his behalf at Lawra, said the government had taken concrete steps to ensure that this year’s pilgrimage would become incident-free and that the perennial challenges which characterised the Hajj was a thing of the past.
The speech was delivered on behalf of the Vice President by the District Chief Executive of Lawra, Mr Abu Sampson, who also donated some food items to Muslim leaders on behalf of the Vice President.
In their holy month of Ramadan, Muslims across the world have begun their annual fasting in preparation for the Eid-Fitr and the Hajj. The Vice President’s presentation was to support Muslims in those communities during the period.
Mr Sampson was assisted by Cosmos Anpengnuo, an Accra-based legal practitioner, who is also a native of the area, to make the donation on behalf of the Vice-President.
According to the Vice-President, the National Democratic Congress (NDC) government was determined to fulfil its obligations and promises to the people of Ghana.
In achieving the government’s goal of a better Ghana, “the government would among, other things, continue to support the Muslim community in your quest to strengthen your faith during this period of Ramadan”.
He said the month of Ramadan offered Muslims the opportunity to re-examine their lives and renew their faith in Allah, who is gracious, merciful and ready to pardon.
“Let us allow the kindness of Allah to reflect in our individual daily lives and the total result for the whole nation would be the blessings of Allah the Almighty,” the Vice-President pointed out.
He expressed the belief that Muslims would come out of this period of fasting rejuvenated in the spirit of Allah and willing to help build a better Ghana.
Receiving the items on behalf of the Muslim community, Alhaji Abdulai Muctar, thanked the Vice- President and the government for the donation and said the Muslim community would continue to pray for and support the government.
Other Muslim leaders present were Nabali Salifu, head of the Ahmadis in the community and the chief of the Dagomba community there, Alhassan Abdulai.
MUSLIMS in the country have been given the assurance that their endeavour to undertake this year’s holy pilgrimage to Mecca will be incident-free.
The Vice President, Mr John Mahama, in a speech read on his behalf at Lawra, said the government had taken concrete steps to ensure that this year’s pilgrimage would become incident-free and that the perennial challenges which characterised the Hajj was a thing of the past.
The speech was delivered on behalf of the Vice President by the District Chief Executive of Lawra, Mr Abu Sampson, who also donated some food items to Muslim leaders on behalf of the Vice President.
In their holy month of Ramadan, Muslims across the world have begun their annual fasting in preparation for the Eid-Fitr and the Hajj. The Vice President’s presentation was to support Muslims in those communities during the period.
Mr Sampson was assisted by Cosmos Anpengnuo, an Accra-based legal practitioner, who is also a native of the area, to make the donation on behalf of the Vice-President.
According to the Vice-President, the National Democratic Congress (NDC) government was determined to fulfil its obligations and promises to the people of Ghana.
In achieving the government’s goal of a better Ghana, “the government would among, other things, continue to support the Muslim community in your quest to strengthen your faith during this period of Ramadan”.
He said the month of Ramadan offered Muslims the opportunity to re-examine their lives and renew their faith in Allah, who is gracious, merciful and ready to pardon.
“Let us allow the kindness of Allah to reflect in our individual daily lives and the total result for the whole nation would be the blessings of Allah the Almighty,” the Vice-President pointed out.
He expressed the belief that Muslims would come out of this period of fasting rejuvenated in the spirit of Allah and willing to help build a better Ghana.
Receiving the items on behalf of the Muslim community, Alhaji Abdulai Muctar, thanked the Vice- President and the government for the donation and said the Muslim community would continue to pray for and support the government.
Other Muslim leaders present were Nabali Salifu, head of the Ahmadis in the community and the chief of the Dagomba community there, Alhassan Abdulai.
Tuesday, September 1, 2009
Trial of ex-magistrate for fraud resumes
Saturday, August 29, 2009 (Page 20)
THE trial of a former female magistrate, Anna Jane Ghartey, who allegedly defrauded a professor to the tune of GH¢18,000, resumed yesterday at the Circuit Court in Accra after almost four weeks break following a request for the docket by the Attorney-General’s Department.
At the court’s sitting in Accra yesterday, the case was, however, adjourned to September 3, 2009 after the prosecutor, an Assistant Superintendent of Police, Ms Mary Agbozo, informed the court that she had received a medical report indicating that Anna was indisposed.
She gave a copy of the report to the trial judge, Mr Mahamadu Iddrisu, who accordingly adjourned the case to September 3, 2009.
The trial was, on July 30, 2009, adjourned for a month after the Attorney-General’s Department had demanded for the docket on the case.
However, the A-G’s Department took less than a month to refer the matter back to the court for continuation.
On July 31, 2009, counsel for the former magistrate was expected to cross-examine the complainant, Professor Joseph Emmanuel Adjaye, who had told the Accra Circuit Court on Tuesday, July 28, 2009 that the magistrate had given him fake documents covering two plots of land he had purchased at GH¢20,000.
However, on the said July 31, 2009, when the matter was called, the trial judge announced that the A-G’s office had requested for the docket to study the case.
He said the A-G’s office needed one month to study the case and accordingly adjourned the matter to Thursday, September 3, 2009.
Anna was alleged to have conspired with Samuel Aidoo, a building contractor, and Joana Nyarko, a fishmonger, to deceive Prof. Adjaye into believing that she (Anna) had parcels of land for sale at Adjiringanor, a suburb of Accra, and succeeded in collecting GH¢18,000 from him and prepared fake indentures covering two plots of land belonging to a deceased person.
Anna, who has since been discharged from the bench, has been granted bail in the sum of GH¢30,000 with two sureties by the court.
The accused person is also standing trial in the same court for allegedly defrauding a Swiss national, Ms Darcie Slavin, of GH¢47,000 under the guise of providing her with plots of land. She has been granted bail in the sum of GH¢40,000 with two sureties.
In his evidence-in-chief, Prof. Adjaye, who is a lecturer of African Studies at the University of Pennsylvania in the United States of America (USA), said one of the indentures covering the plots sold to him indicated that the land belonged to Kpeshie chiefs, contrary to earlier claims by Anna that the land belonged to one Auntie Rose.
He also told the court that one of the indentures covering the land he paid for in 2007, also contained the name of a person who died in June 2005 at 98.
Prof. Adjaye told the court that he met Anna in December 2006 through his brother, Dr Robert Adjaye, when he (Prof. Adjaye) needed parcels of land to purchase for development.
He said Anna, who was then with the Ghana Prisons Service, showed him parcels of land at Adjiringano and East Legon and later delegated Samuel to show him (Prof. Adjaye) more plots of land.
According to him, he made payments in three instalments to the tune of GH¢20,000 and an additional payment of GH¢5,000, which Anna said the Kpeshie chiefs would use to prepare consent letters, indentures and other documents covering the land.
He explained that Anna issued receipts for all payments he made to her.
He said he never received those consent letters and further told the court that a search he conducted at the Lands Commission proved that the lands Anna had sold to him belonged to other people.
Prof. Adjaye told the court that upon realising that he had been duped, he decided to report Anna to the Property Fraud Unit of the Ghana Police Service to retrieve his money.
According to him, he was amazed to find that Samuel had used documents bearing his (Prof. Adjaye’s) name to sell the same plot of land sold to him to another developer.
The complainant also told the court that Anna refunded GH¢4,000 as part payment of the moneys she had received from him after he had lodged a complaint with the police.
According to the facts of the case, in December 2006 Anna and Samuel collected GH¢11,000 from Prof. Adjaye and a further GH¢7,000 in August 2007.
According to the prosecution, the accused persons managed to hand over two parcels of land to Prof. Adjaye and prepared documents covering the land and handed them over to the complainant.
However, Prof. Adjaye was prevented from developing the land by some persons who also claimed ownership of it.
THE trial of a former female magistrate, Anna Jane Ghartey, who allegedly defrauded a professor to the tune of GH¢18,000, resumed yesterday at the Circuit Court in Accra after almost four weeks break following a request for the docket by the Attorney-General’s Department.
At the court’s sitting in Accra yesterday, the case was, however, adjourned to September 3, 2009 after the prosecutor, an Assistant Superintendent of Police, Ms Mary Agbozo, informed the court that she had received a medical report indicating that Anna was indisposed.
She gave a copy of the report to the trial judge, Mr Mahamadu Iddrisu, who accordingly adjourned the case to September 3, 2009.
The trial was, on July 30, 2009, adjourned for a month after the Attorney-General’s Department had demanded for the docket on the case.
However, the A-G’s Department took less than a month to refer the matter back to the court for continuation.
On July 31, 2009, counsel for the former magistrate was expected to cross-examine the complainant, Professor Joseph Emmanuel Adjaye, who had told the Accra Circuit Court on Tuesday, July 28, 2009 that the magistrate had given him fake documents covering two plots of land he had purchased at GH¢20,000.
However, on the said July 31, 2009, when the matter was called, the trial judge announced that the A-G’s office had requested for the docket to study the case.
He said the A-G’s office needed one month to study the case and accordingly adjourned the matter to Thursday, September 3, 2009.
Anna was alleged to have conspired with Samuel Aidoo, a building contractor, and Joana Nyarko, a fishmonger, to deceive Prof. Adjaye into believing that she (Anna) had parcels of land for sale at Adjiringanor, a suburb of Accra, and succeeded in collecting GH¢18,000 from him and prepared fake indentures covering two plots of land belonging to a deceased person.
Anna, who has since been discharged from the bench, has been granted bail in the sum of GH¢30,000 with two sureties by the court.
The accused person is also standing trial in the same court for allegedly defrauding a Swiss national, Ms Darcie Slavin, of GH¢47,000 under the guise of providing her with plots of land. She has been granted bail in the sum of GH¢40,000 with two sureties.
In his evidence-in-chief, Prof. Adjaye, who is a lecturer of African Studies at the University of Pennsylvania in the United States of America (USA), said one of the indentures covering the plots sold to him indicated that the land belonged to Kpeshie chiefs, contrary to earlier claims by Anna that the land belonged to one Auntie Rose.
He also told the court that one of the indentures covering the land he paid for in 2007, also contained the name of a person who died in June 2005 at 98.
Prof. Adjaye told the court that he met Anna in December 2006 through his brother, Dr Robert Adjaye, when he (Prof. Adjaye) needed parcels of land to purchase for development.
He said Anna, who was then with the Ghana Prisons Service, showed him parcels of land at Adjiringano and East Legon and later delegated Samuel to show him (Prof. Adjaye) more plots of land.
According to him, he made payments in three instalments to the tune of GH¢20,000 and an additional payment of GH¢5,000, which Anna said the Kpeshie chiefs would use to prepare consent letters, indentures and other documents covering the land.
He explained that Anna issued receipts for all payments he made to her.
He said he never received those consent letters and further told the court that a search he conducted at the Lands Commission proved that the lands Anna had sold to him belonged to other people.
Prof. Adjaye told the court that upon realising that he had been duped, he decided to report Anna to the Property Fraud Unit of the Ghana Police Service to retrieve his money.
According to him, he was amazed to find that Samuel had used documents bearing his (Prof. Adjaye’s) name to sell the same plot of land sold to him to another developer.
The complainant also told the court that Anna refunded GH¢4,000 as part payment of the moneys she had received from him after he had lodged a complaint with the police.
According to the facts of the case, in December 2006 Anna and Samuel collected GH¢11,000 from Prof. Adjaye and a further GH¢7,000 in August 2007.
According to the prosecution, the accused persons managed to hand over two parcels of land to Prof. Adjaye and prepared documents covering the land and handed them over to the complainant.
However, Prof. Adjaye was prevented from developing the land by some persons who also claimed ownership of it.
Thursday, August 27, 2009
A-G's Dept to move for stay motion Sept 3
Thursday, August 27, 2009 (Page 3)
THE Attorney-General’s (A-G’s) Department will on September 3, 2009 move its motion for stay of execution of the Accra High Court order directing the Bureau of National Investigations (BNI) to return the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs.
The date was fixed after the Human Rights Court had upheld an application for abridgement of the time of hearing of the application originally fixed for October 12, 2009.
In upholding Mr Osei-Adjei’s motion for the abridgement of time which was filed on his behalf by his counsel, Mr Godfred Yeboah Dame, the trial judge held that he (judge) was appointed a vacation judge by a letter dated July 29, 2009.
According to the judge, the letter gave him the authority to sit as a vacation judge.
The court also held that the application for stay of execution was filed during the vacation and considering the human rights nature of the action, it was important that the case was heard during the vacation period.
It accordingly abridged the date of hearing of the motion from October 12, 2009 to September 3, 2009.
An affidavit in support of the motion deposed by Mr Osei-Adjei had said, “the fixing of the hearing of the appellant’s application for stay of execution for October 12, 2009 violates the rules of court and is a ploy to deny me my fundamental human rights guaranteed under the 1992 Constitution of the Republic of Ghana.”
It said the motion could be heard and determined in the vacation and, for that reason, fixing of same for until after the vacation was calculated at frustrating him from “enjoying the fruits of the judgement of this honourable court”.
“This Honourable Court is a vacation court and the presiding judge, a vacation judge, who is competent to hear and determine the appellant’s motion for stay of execution, thereby rendering the fixing of the appellant’s motion for October 12 unnecessary,” the affidavit in support stated.
It, therefore, prayed the court to abridge the date for the hearing of the appellant’s motion for stay of execution.
However, according to the A-G’s Department, Mr Osei-Adjei was a subject of criminal investigations and it had reliable information to indicate that he was likely to abscond from the jurisdiction if his passport was handed over to him.
It said the passport of the former minister was seized on lawful grounds, adding that the appeal would be rendered a nugatory, if Mr Osei-Adjei’s passport was released and the state’s appeal succeeded.
The grounds of the appeal, among others, stated that the trial judge erred when he held that the seizure of Mr Osei-Adjei’s passport was unlawful.
It said the court did not take into account the fact that Mr Osei-Adjei was a subject of criminal investigation.
The Human Rights Division of the High Court had on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the passport of the former minister, adding that the action violated his fundamental human rights because it did not follow the due process of law.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General (A-G) for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated under the Security and Intelligence Agencies Act (Act 526) to investigate him.
In its ruling, however, the court struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were done on behalf of the Republic and, therefore, was not properly sued.
It said civil proceedings in which the state or its agency was involved, the A-G was the rightful body to be sued.
THE Attorney-General’s (A-G’s) Department will on September 3, 2009 move its motion for stay of execution of the Accra High Court order directing the Bureau of National Investigations (BNI) to return the passport of Mr Akwasi Osei-Adjei, a former Minister of Foreign Affairs.
The date was fixed after the Human Rights Court had upheld an application for abridgement of the time of hearing of the application originally fixed for October 12, 2009.
In upholding Mr Osei-Adjei’s motion for the abridgement of time which was filed on his behalf by his counsel, Mr Godfred Yeboah Dame, the trial judge held that he (judge) was appointed a vacation judge by a letter dated July 29, 2009.
According to the judge, the letter gave him the authority to sit as a vacation judge.
The court also held that the application for stay of execution was filed during the vacation and considering the human rights nature of the action, it was important that the case was heard during the vacation period.
It accordingly abridged the date of hearing of the motion from October 12, 2009 to September 3, 2009.
An affidavit in support of the motion deposed by Mr Osei-Adjei had said, “the fixing of the hearing of the appellant’s application for stay of execution for October 12, 2009 violates the rules of court and is a ploy to deny me my fundamental human rights guaranteed under the 1992 Constitution of the Republic of Ghana.”
It said the motion could be heard and determined in the vacation and, for that reason, fixing of same for until after the vacation was calculated at frustrating him from “enjoying the fruits of the judgement of this honourable court”.
“This Honourable Court is a vacation court and the presiding judge, a vacation judge, who is competent to hear and determine the appellant’s motion for stay of execution, thereby rendering the fixing of the appellant’s motion for October 12 unnecessary,” the affidavit in support stated.
It, therefore, prayed the court to abridge the date for the hearing of the appellant’s motion for stay of execution.
However, according to the A-G’s Department, Mr Osei-Adjei was a subject of criminal investigations and it had reliable information to indicate that he was likely to abscond from the jurisdiction if his passport was handed over to him.
It said the passport of the former minister was seized on lawful grounds, adding that the appeal would be rendered a nugatory, if Mr Osei-Adjei’s passport was released and the state’s appeal succeeded.
The grounds of the appeal, among others, stated that the trial judge erred when he held that the seizure of Mr Osei-Adjei’s passport was unlawful.
It said the court did not take into account the fact that Mr Osei-Adjei was a subject of criminal investigation.
The Human Rights Division of the High Court had on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the passport of the former minister, adding that the action violated his fundamental human rights because it did not follow the due process of law.
Mr Osei-Adjei sued the Director of the BNI and the Attorney-General (A-G) for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated under the Security and Intelligence Agencies Act (Act 526) to investigate him.
In its ruling, however, the court struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were done on behalf of the Republic and, therefore, was not properly sued.
It said civil proceedings in which the state or its agency was involved, the A-G was the rightful body to be sued.
Chairman admonishes Finance Director of Sekyere South Assembly
Wednesday, September 26, 2009 (Page 3)
THE Finance Director of the Sekyere South District Assembly, Mr Adams Mohammed, was yesterday admonished by the Chairman of the Ghana@50 Presidential Commission for defending the assembly’s failure to pay its debts to the Ghana@50 Secretariat.
Mr Mohammed had told the commission investigating the Ghana@50 Celebrations that the assembly was not given a deadline for the payment of anniversary souvenirs handed over to it by the secretariat.
According to him, there was no time bound and therefore the assembly could have taken as long as 200 years to pay back but the Chairman of the commission, Mr Justice Isaac Duose, did not take kindly to that and called Mr Mohammed to order.
Mr Mohammed was in his element and was justifying why the assembly had not accounted back to the secretariat but Mr Justice Duose cut in and stated “stop the nonsense. This is an immoral stand. You are not showing good moral standing at all. Now answer the question on a better note.”
At that moment, Mr Mohammed thanked the Chairman of the commission for putting him back on track and continued that the assembly received 11,952 pieces of mathematical sets instead of the expected 12,000 pieces.
He also told the commission, which has Mr Osei Tutu Prempeh and Mrs Marietta Brew-Oppong as members, that persons who sold anniversary souvenirs on behalf of the assembly owed the assembly GH¢4,500.
Asked if the assembly had made efforts to retrieve its money, Mr Mohammed indicated that the assembly did not receive positive response from its debtors although it threatened to take legal action.
According to him, the debtors were currently making efforts to pay back moneys owed the assembly because they did not want to face the wrath of the commission.
He said the District Assemblies Common Fund (DACF) had deducted GH¢45,427 from the assembly’s accounts but informed the commission that he had not made efforts to query why that amount was deducted.
Mr Prempeh then advised him to take steps to ensure that things were done properly from now on.
For his part, the District Co-ordinating Director of the Sekyere South District Assembly, Mr Nicholas Kumi-Achiaw, told the commission that the District Chief Executive and the District Director of Education took delivery of 10,749 mathematical sets for distribution to various schools.
He said the establishment of the commission had come at the right time and expressed the hope that policies would be developed out of the commission’s recommendations to serve as a guideline for the future.
The District Co-ordinating Director of the Kintampo South District Assembly, Mr Abdul Paul Kant, said agents who sold souvenirs on behalf of the assembly had initially been recalcitrant in paying back but stated that they were now coming forward as a result of the setting up of the Presidential Commission.
He gave the assurance that monies owed by the agents would be paid and further indicated that the assembly knew the whereabouts of the debtors.
Mr Kant also indicated that the souvenirs arrived late and stated for instance that the anniversary cloths arrived on March 20, 2007 (14 days after the celebration of Ghana’s 50th independence).
Mr Prempeh commended Mr Kant for giving a detailed account on how the money was expended.
Asked to suggest ways to improve administration at the district level, Mr Kant suggested that the Head of Civil Service must take keen interest in re-training staff in proper record keeping.
He also suggested that civil servants must act professionally while politicians and civil servants must respect each other’s role.
Mr Kant further suggested that district directors must be allowed to play more active roles in the running of district assemblies.
For his part, the Kwabre East District Director of Education, Mr Kwasi Atakorah, said GH¢6,416 was realised from the sale of anniversary souvenirs and that the money had been lodged into the assembly’s account.
He said the assembly received 4,080 pieces of calendars and 60,000 pieces of cups as a result of which GH¢61,576 was deducted from the district’s share of the DACF.
According to Mr Atakorah, the district began utilising the GH¢6,416 when it realised that the DACF Secretariat had deducted monies from its accounts.
He told the commission that he was aware the district was expected to account to the Ghana@50 Secretariat but was currently waiting for direct correspondence from the secretariat.
THE Finance Director of the Sekyere South District Assembly, Mr Adams Mohammed, was yesterday admonished by the Chairman of the Ghana@50 Presidential Commission for defending the assembly’s failure to pay its debts to the Ghana@50 Secretariat.
Mr Mohammed had told the commission investigating the Ghana@50 Celebrations that the assembly was not given a deadline for the payment of anniversary souvenirs handed over to it by the secretariat.
According to him, there was no time bound and therefore the assembly could have taken as long as 200 years to pay back but the Chairman of the commission, Mr Justice Isaac Duose, did not take kindly to that and called Mr Mohammed to order.
Mr Mohammed was in his element and was justifying why the assembly had not accounted back to the secretariat but Mr Justice Duose cut in and stated “stop the nonsense. This is an immoral stand. You are not showing good moral standing at all. Now answer the question on a better note.”
At that moment, Mr Mohammed thanked the Chairman of the commission for putting him back on track and continued that the assembly received 11,952 pieces of mathematical sets instead of the expected 12,000 pieces.
He also told the commission, which has Mr Osei Tutu Prempeh and Mrs Marietta Brew-Oppong as members, that persons who sold anniversary souvenirs on behalf of the assembly owed the assembly GH¢4,500.
Asked if the assembly had made efforts to retrieve its money, Mr Mohammed indicated that the assembly did not receive positive response from its debtors although it threatened to take legal action.
According to him, the debtors were currently making efforts to pay back moneys owed the assembly because they did not want to face the wrath of the commission.
He said the District Assemblies Common Fund (DACF) had deducted GH¢45,427 from the assembly’s accounts but informed the commission that he had not made efforts to query why that amount was deducted.
Mr Prempeh then advised him to take steps to ensure that things were done properly from now on.
For his part, the District Co-ordinating Director of the Sekyere South District Assembly, Mr Nicholas Kumi-Achiaw, told the commission that the District Chief Executive and the District Director of Education took delivery of 10,749 mathematical sets for distribution to various schools.
He said the establishment of the commission had come at the right time and expressed the hope that policies would be developed out of the commission’s recommendations to serve as a guideline for the future.
The District Co-ordinating Director of the Kintampo South District Assembly, Mr Abdul Paul Kant, said agents who sold souvenirs on behalf of the assembly had initially been recalcitrant in paying back but stated that they were now coming forward as a result of the setting up of the Presidential Commission.
He gave the assurance that monies owed by the agents would be paid and further indicated that the assembly knew the whereabouts of the debtors.
Mr Kant also indicated that the souvenirs arrived late and stated for instance that the anniversary cloths arrived on March 20, 2007 (14 days after the celebration of Ghana’s 50th independence).
Mr Prempeh commended Mr Kant for giving a detailed account on how the money was expended.
Asked to suggest ways to improve administration at the district level, Mr Kant suggested that the Head of Civil Service must take keen interest in re-training staff in proper record keeping.
He also suggested that civil servants must act professionally while politicians and civil servants must respect each other’s role.
Mr Kant further suggested that district directors must be allowed to play more active roles in the running of district assemblies.
For his part, the Kwabre East District Director of Education, Mr Kwasi Atakorah, said GH¢6,416 was realised from the sale of anniversary souvenirs and that the money had been lodged into the assembly’s account.
He said the assembly received 4,080 pieces of calendars and 60,000 pieces of cups as a result of which GH¢61,576 was deducted from the district’s share of the DACF.
According to Mr Atakorah, the district began utilising the GH¢6,416 when it realised that the DACF Secretariat had deducted monies from its accounts.
He told the commission that he was aware the district was expected to account to the Ghana@50 Secretariat but was currently waiting for direct correspondence from the secretariat.
Monday, August 24, 2009
Immigration Director testifies at Bawku MP's trial
Monday, August 24, 2009 (20)
AN Assistant Director of Immigration last Friday told the Accra High Court hearing the nationality trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, that the MP travelled to Ghana on a travel document issued by the British authorities and not on a passport.
Mr Nolasco Nyiedu said the travel document was the type which could be issued to persons seeking asylum.
The witness told the court that the description of the travel document as a passport was, therefore, not correct.
Sakande was on July 31, this year, arraigned before the Accra High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
Answering questions under cross-examination from counsel for Sakande, Mr Yonny Kulendi, the witness said the document which described the MP as a Burkinabe could technically be described as a travel document.
He further explained that an asylum seeker could be described as a person whose refugee status was yet to be approved.
Counsel is expected to continue cross-examining Mr Nyiedu on Friday, August 28, 2009.
According to the prosecution, the MP held allegiance to other countries namely the United Kingdom and Burkina Faso.
It said it would lead evidence to show that the accused person fraudulently obtained a Ghanaian passport in order to evade the country’s electoral systems and laws.
Mr Kulendi has described the charges as “politically motivated, baseless and calculated to harass, victimise and ultimately use the altar of justice to criminalise a young Ghanaian who chose to abandon a relatively comfortable life in England to serve his country and his people”.
AN Assistant Director of Immigration last Friday told the Accra High Court hearing the nationality trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, that the MP travelled to Ghana on a travel document issued by the British authorities and not on a passport.
Mr Nolasco Nyiedu said the travel document was the type which could be issued to persons seeking asylum.
The witness told the court that the description of the travel document as a passport was, therefore, not correct.
Sakande was on July 31, this year, arraigned before the Accra High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud, as well as deceiving public officers to be elected as a parliamentarian.
He pleaded not guilty to all the charges and the court, presided over by Mr Justice Charles Quist, admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was also ordered to surrender his Ghanaian passport to the court.
Answering questions under cross-examination from counsel for Sakande, Mr Yonny Kulendi, the witness said the document which described the MP as a Burkinabe could technically be described as a travel document.
He further explained that an asylum seeker could be described as a person whose refugee status was yet to be approved.
Counsel is expected to continue cross-examining Mr Nyiedu on Friday, August 28, 2009.
According to the prosecution, the MP held allegiance to other countries namely the United Kingdom and Burkina Faso.
It said it would lead evidence to show that the accused person fraudulently obtained a Ghanaian passport in order to evade the country’s electoral systems and laws.
Mr Kulendi has described the charges as “politically motivated, baseless and calculated to harass, victimise and ultimately use the altar of justice to criminalise a young Ghanaian who chose to abandon a relatively comfortable life in England to serve his country and his people”.
In the case of Osei Adjei's passport - A-G files for stay of execution
THE Attorney-General’s (A-G) Department has filed for stay of execution of an High Court order directing the Bureau of National Investigations (BNI) to return the passport of a former Minister of Foreign Affairs, Mr Akwasi Osei-Adjei.
According to the A-G’s Department, Mr Osei-Adjei was a subject of criminal investigations and it had reliable information to indicate that the respondent was likely to abscond from the jurisdiction if his passport was handed over to him.
It said the passport of the former Minister was seized on lawful grounds, adding that the appeal would be rendered a nugatory, if Mr Osei-Adjei’s passport was released and the state’s appeal succeeded.
The grounds of the appeal, among others, stated that the trial judge erred when he held that the seizure of Mr Osei-Adjei’s passport was unlawful.
It said the court did not take into account the fact that Mr Osei-Adjei was a subject of criminal investigation.
Hearing for the application has been fixed for October 12, 2009 but counsel for Mr Osei-Adjei, Mr Godfred Yeboah Dame, has filed a motion for the hearing date to be abridged to an earlier date.
A motion filed on August 19, 2009 said “curiously, the appellant’s application for stay of execution was fixed for hearing on October 12, 2009”.
An affidavit in support of the motion deposed by Mr Osei-Adjei said “the fixing of the hearing of the appellant’s application for stay of execution for October 12, 2009 violates the rules of court and is a ploy to deny me my fundamental human rights guaranteed under the 1992 Constitution of the Republic of Ghana.”
It said the motion could be heard and determined in the vacation and, for that reason fixing of same for until after the vacation was calculated at frustrating him from “enjoying the fruits of the judgement of this honourable court”.
“This Honourable Court is a vacation court and the presiding judge, a vacation judge, who is competent to hear and determine the appellant’s motion for stay of execution, thereby rendering the fixing of the appellant’s motion for October 12, unnecessary,” the affidavit in support stated.
It, therefore, prayed the court to abridge the date for the hearing of the appellant’s motion for stay of execution.
According to Mr Osei-Adjei, the instant application was maliciously inspired and merely a devious attempt by the appellant to deny him his fundamental human rights under the Constitution.
He said the appeal was unmeritorious and it raised serious questions of law and/or fact for the consideration of the Court of Appeal and the appellant had failed to demonstrate any chance of success of the appeal on the basis of which this application ought not be granted.
The Human Rights Division of the High Court had on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the passport of the former minister, adding that the action violated his fundamental human rights because it did not follow the due process of law.
Mr Osei-Adjei sued the director of the BNI and the Attorney-General (A-G) for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated under the Security and Intelligence Agencies Act (Act 526) to investigate him.
In its ruling, however, the court struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were done on behalf of the Republic and, therefore, was not properly sued.
It said that in civil proceedings in which the state or its agency was involved, the A-G was the rightful body to be sued.
A cattle farmer, Mr Sumaila Biebel, had filed an application seeking a declaration that the MP should be ordered to vacate his seat because he was a British national and for that matter did not qualify to sit as an MP in Ghana.
According to the A-G’s Department, Mr Osei-Adjei was a subject of criminal investigations and it had reliable information to indicate that the respondent was likely to abscond from the jurisdiction if his passport was handed over to him.
It said the passport of the former Minister was seized on lawful grounds, adding that the appeal would be rendered a nugatory, if Mr Osei-Adjei’s passport was released and the state’s appeal succeeded.
The grounds of the appeal, among others, stated that the trial judge erred when he held that the seizure of Mr Osei-Adjei’s passport was unlawful.
It said the court did not take into account the fact that Mr Osei-Adjei was a subject of criminal investigation.
Hearing for the application has been fixed for October 12, 2009 but counsel for Mr Osei-Adjei, Mr Godfred Yeboah Dame, has filed a motion for the hearing date to be abridged to an earlier date.
A motion filed on August 19, 2009 said “curiously, the appellant’s application for stay of execution was fixed for hearing on October 12, 2009”.
An affidavit in support of the motion deposed by Mr Osei-Adjei said “the fixing of the hearing of the appellant’s application for stay of execution for October 12, 2009 violates the rules of court and is a ploy to deny me my fundamental human rights guaranteed under the 1992 Constitution of the Republic of Ghana.”
It said the motion could be heard and determined in the vacation and, for that reason fixing of same for until after the vacation was calculated at frustrating him from “enjoying the fruits of the judgement of this honourable court”.
“This Honourable Court is a vacation court and the presiding judge, a vacation judge, who is competent to hear and determine the appellant’s motion for stay of execution, thereby rendering the fixing of the appellant’s motion for October 12, unnecessary,” the affidavit in support stated.
It, therefore, prayed the court to abridge the date for the hearing of the appellant’s motion for stay of execution.
According to Mr Osei-Adjei, the instant application was maliciously inspired and merely a devious attempt by the appellant to deny him his fundamental human rights under the Constitution.
He said the appeal was unmeritorious and it raised serious questions of law and/or fact for the consideration of the Court of Appeal and the appellant had failed to demonstrate any chance of success of the appeal on the basis of which this application ought not be granted.
The Human Rights Division of the High Court had on Tuesday, August 11, 2009, ruled that the BNI did not have the power to seize the passport of the former minister, adding that the action violated his fundamental human rights because it did not follow the due process of law.
Mr Osei-Adjei sued the director of the BNI and the Attorney-General (A-G) for the seizure of his passport and described the action as “flagrantly unlawful and a palpable violation” of his human rights.
He sought an order directed at the Director of the BNI to release his passport unconditionally but the A-G’s Department held a different view and said the detention of Mr Osei-Adjei's passport was on the grounds that the BNI was mandated under the Security and Intelligence Agencies Act (Act 526) to investigate him.
In its ruling, however, the court struck out the suit against the Director of the BNI, saying that the functions of the BNI made it a state institution whose acts were done on behalf of the Republic and, therefore, was not properly sued.
It said that in civil proceedings in which the state or its agency was involved, the A-G was the rightful body to be sued.
A cattle farmer, Mr Sumaila Biebel, had filed an application seeking a declaration that the MP should be ordered to vacate his seat because he was a British national and for that matter did not qualify to sit as an MP in Ghana.
Two shot dead in Bawku • Assailants unknown
Proofread by KGE
Saturday, August 22, 2009 (Page 3 )
TWO people, one of them a fire officer of the Ghana National Fire Service, were last Thursday shot dead by unknown assailants in separate incidents at Bawku in the Upper East Region.
Two others were severely wounded in the attacks.
The names of the deceased were given as Abdul Ganiru, aged 30 and Fire Officer DO II John Atubiga, and the injured were Razak Abdul Rahman, 60, and Ambia Fuseini, 15.
Briefing the Daily Graphic, the Deputy Upper East Regional Police Commander, Assistant Commissioner of Police, Mr George Tuffuor, said at 8:20 p.m. on Thursday, unknown assailants, with no known motive, attacked and shot Ganiru, a storekeeper, at North Natinga, a suburb of Bawku.
He was shot from behind and the bullet penetrated the neck.
Mr Tuffuor said the deceased was rushed to the Bawku Presbyterian Hospital, where he was pronounced dead on arrival.
He said a post-mortem had already been carried out and the body released to the family for burial in line with Islamic beliefs.
In the case of the fire officer, Mr Tuffour said the late DO II Atubiga sought permission to go out to buy food but on his way back to the office located in the same vicinity (North Natinga), he was ambushed and shot about five times.
Mr Tuffour said the two injured persons were hit by what were believed to be stray bullets in the same neighbourhood by the unknown assailants.
He added that both were sent to the Bawku Presbyterian Hospital, where they are responding to treatment.
Mr Tuffour could not put a finger on what might have precipitated the latest round of attacks but said the police had mounted a search for the assailants and were also trying to unravel the reasons behind the attacks.
Meanwhile, the Minister of the Interior has renewed the curfew imposed on the Bawku municipality and Gushegu and their immediate environs for another week with effect from August 17, 2009.
The decision was based on the advice of the Upper East and Northern Regional Security Councils respectively and by an Executive Instrument.
The curfew hours for the Bawku Municipality and Gushegu remain unchanged and are from midnight to 4 a.m. each day.
A statement issued by the Ministry of the Interior in Accra said the government would continue to commend the chiefs, elders, opinion leaders, citizenry and the various factions in the Bawku conflict for the sustained peace in their respective communities.
It assured all of the government’s commitment to protect all parties in the conflicts, as well as work with the various factions towards finding a lasting peace.
The statement reminded the people in the Bawku Municipal Area, Zabugu, Binduri, Pusiga, Zoasi and Gushegu and their environs that there was a ban on them from carrying arms, ammunitions or any offensive weapons, and any person found with any arms or ammunition would be arrested and prosecuted.
Meanwhile, the Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, has appealed for calm following the death of two persons at Bawku, reports Mabel Aku Baneseh.
He also expressed his condolence to the bereaved families and appealed to the families to remain calm while the police conducted investigations into the deaths.
According to the MP, Ganiru was his (MP’s) avid supporter who accompanied him (MP) to court and prayed to God to give him (deceased) a peaceful rest.
Mr Sakande appealed to the security agencies to be firm and impartial while investigating the incident.
He said he appreciated the difficulties associated with their work and expressed the believe that they would surmount all challenges and let justice prevail.
He gave the assurance that he would continue to pursue the path of reconciliation and peace in the Bawku muncipality.
Saturday, August 22, 2009 (Page 3 )
TWO people, one of them a fire officer of the Ghana National Fire Service, were last Thursday shot dead by unknown assailants in separate incidents at Bawku in the Upper East Region.
Two others were severely wounded in the attacks.
The names of the deceased were given as Abdul Ganiru, aged 30 and Fire Officer DO II John Atubiga, and the injured were Razak Abdul Rahman, 60, and Ambia Fuseini, 15.
Briefing the Daily Graphic, the Deputy Upper East Regional Police Commander, Assistant Commissioner of Police, Mr George Tuffuor, said at 8:20 p.m. on Thursday, unknown assailants, with no known motive, attacked and shot Ganiru, a storekeeper, at North Natinga, a suburb of Bawku.
He was shot from behind and the bullet penetrated the neck.
Mr Tuffuor said the deceased was rushed to the Bawku Presbyterian Hospital, where he was pronounced dead on arrival.
He said a post-mortem had already been carried out and the body released to the family for burial in line with Islamic beliefs.
In the case of the fire officer, Mr Tuffour said the late DO II Atubiga sought permission to go out to buy food but on his way back to the office located in the same vicinity (North Natinga), he was ambushed and shot about five times.
Mr Tuffour said the two injured persons were hit by what were believed to be stray bullets in the same neighbourhood by the unknown assailants.
He added that both were sent to the Bawku Presbyterian Hospital, where they are responding to treatment.
Mr Tuffour could not put a finger on what might have precipitated the latest round of attacks but said the police had mounted a search for the assailants and were also trying to unravel the reasons behind the attacks.
Meanwhile, the Minister of the Interior has renewed the curfew imposed on the Bawku municipality and Gushegu and their immediate environs for another week with effect from August 17, 2009.
The decision was based on the advice of the Upper East and Northern Regional Security Councils respectively and by an Executive Instrument.
The curfew hours for the Bawku Municipality and Gushegu remain unchanged and are from midnight to 4 a.m. each day.
A statement issued by the Ministry of the Interior in Accra said the government would continue to commend the chiefs, elders, opinion leaders, citizenry and the various factions in the Bawku conflict for the sustained peace in their respective communities.
It assured all of the government’s commitment to protect all parties in the conflicts, as well as work with the various factions towards finding a lasting peace.
The statement reminded the people in the Bawku Municipal Area, Zabugu, Binduri, Pusiga, Zoasi and Gushegu and their environs that there was a ban on them from carrying arms, ammunitions or any offensive weapons, and any person found with any arms or ammunition would be arrested and prosecuted.
Meanwhile, the Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, has appealed for calm following the death of two persons at Bawku, reports Mabel Aku Baneseh.
He also expressed his condolence to the bereaved families and appealed to the families to remain calm while the police conducted investigations into the deaths.
According to the MP, Ganiru was his (MP’s) avid supporter who accompanied him (MP) to court and prayed to God to give him (deceased) a peaceful rest.
Mr Sakande appealed to the security agencies to be firm and impartial while investigating the incident.
He said he appreciated the difficulties associated with their work and expressed the believe that they would surmount all challenges and let justice prevail.
He gave the assurance that he would continue to pursue the path of reconciliation and peace in the Bawku muncipality.
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