Wednesday, October 27, 2010 (Page 3 Lead)
A Pregnant woman and three others were yesterday remanded by the Accra Fast Track High Court for allegedly importing 125 slabs of cocaine with a street value of GH¢10 million.
Kyerewaa Twum-Barimah, who is seven-month pregnant, was remanded together with Benjamin Armstrong, Anthony Wilson and Edward Kojo Arhin, to reappear on November 9, 2010.
Kyerewaa was visibly shaking and sobbed intermittently while she stood in the dock with the other accused persons.
The four, who are officials of Pharma+ Limited, have been charged with two counts of conspiracy and importation of narcotic drugs without lawful authority.
Their pleas were not taken.
Kyerewaa, who was on police enquiry bail, had her bail revoked by the court following a request to that effect from the prosecution.
A Chief State Attorney, Mr George Ofori, told the court that the police were investigating the matter and the prosecution , therefore, needed an adjournment.
He also prayed the court to refuse a request for bail from counsel for the accused persons on the grounds that the accused persons might interfere in investigations when granted bail.
Counsel for the accused persons, Mr Joe Aboagye Debrah, said what was happening was “every importer’s nightmare”.
According to him, his clients ordered for derivatives for petroleum products and were not responsible for the packaging of the products from its source to its destination.
He said his clients had no control over the goods until it arrived at the ports and therefore, questioned why the police and narcotic officials did not arrest the shipping line that shipped the products.
Mr Debrah said his clients were victims of circumstances and further explained that this was the first time they were importing the derivatives, which were unfortunately tampered with.
He pleaded for bail for Kyerewaa but the court declined and accordingly remanded all the accused persons in custody.
The brief facts of the case are that a joint police, national security and Narcotics Control Board (NACOB) team intercepted the 125 slabs of cocaine which had been packaged in the shape of DVDs.
The drugs were said to have been concealed in a container on an American vessel that berthed at the port on October 9, 2010 and an examination of the container by security officials on October 19, 2010 led to the discovery of the narcotic drugs.
The clearing agents of the accused persons and a truck driver who had been contracted to convey the container holding the narcotic drugs from the port were picked up for questioning.
Their interrogation led to the subsequent arrest of the four accused persons.
Wednesday, October 27, 2010
Tuesday, October 26, 2010
I never defiled my daughter - Prophet Onetouch
Tuesday, October 26, 2010 (Page 3)
THE Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, yesterday denied defiling his 10-year-old daughter and accused the complainant (the victim’s mother) of making up stories against her past lovers.
He said the complainant had three children with three different men, adding that the complainant’s ex-husband was currently undergoing a similar ordeal.
According to him, it was rather his security man who had sexual intercourse with the victim and as a result he (Prophet Onetouch) lodged a complaint against the security man at the police station.
He said he was accompanied to the police station by his wife and his stepchild, who had also been sexually abused by the security man, as well as a witness who had caught the security man with his daughter having sexual intercourse.
The accused person said he was taken aback when the victim’s mother hurled insults at him and refused to bring the girl to Accra upon police request because the girl had informed her earlier that he (accused person) had accused the girl of having been bewitched by her mother and grandmother to wage a spiritual war against him (Prophet Onetouch).
According to the accused person, as if that was not enough, the victim’s mother, instead of bringing the victim to Accra to press charges against the security man, rather lodged a complaint with the Akropong Police claiming that he (Prophet Onetouch) had defiled the victim.
Led by one of his lawyers, Mr Paul Owusu, to give his evidence-in-chief, the accused person told the court that the security man, who had pleaded for forgiveness in front of his (accused person’s) wife and other witnesses absconded after a complaint had been lodged with the police.
The accused person said he could not help but slap the security man in the face after the security man admitted inserting his fingers into the victim’s vagina.
Explaining further, Prophet Onetouch said he called the victim’s mother, who was by then living with the victim at Dawu in Akuapem, and informed her of the development and accordingly urged her to bring the victim to Accra to give a statement to the police.
According to Prophet Onetouch, the victim’s mother, on a later date, stated in the presence of two police officers that her daughter had confessed to having sexual intercourse with the security man.
Speaking in Twi, Prophet Onetouch said it was unthinkable and shameful for him to desire his daughter, worse of all have sexual intercourse with her.
“It is a shame to let my daughter see my nakedness. I have never been in the bedroom alone with the victim. She and the other children in the house share a different bedroom.”
He was so incensed he prayed the court to allow him remove his penis for the whole world to determine whether or not his daughter could stand it for a minute.
Denying a claim that he slept with his daughter three times a week, Prophet Onetouch said not even his wife enjoyed such a privilege.
In a typical Biblical mood, Prophet Onetouch quoted segments of the Bible to proclaim his innocence and further challenged God to severely punish him like He did to the Egyptians when the Egyptians refused to grant the Israelites freedom if it turned out that he (Prophet Onetouch) was telling a lie.
He also urged all men of God to pray for God’s punishment to be meted out to him if he indeed defiled his own flesh and blood.
He gave an itinerary of what he did on Tuesdays, Saturdays and Sundays, the days his daughter accused him of having sexual intercourse with her, and stated that he left the house at 4 a.m. on Tuesdays and Saturdays to preach on radio and then to his church premises for preaching and consultation and returned home mostly after 8 p.m.
Prophet Onetouch said he left the house early on Sundays with his wife while the victim and other children followed later in another vehicle.
He said the accusation levelled against him was a ploy hatched by his daughter’s mother to destroy his reputation as a man of God several years after she and her family had denied him responsibility for the pregnancy which resulted in the birth of the victim.
Narrating incidents which led to the victim being brought to his house, he said about a decade ago, the complainant, whom he was dating, informed him that she was pregnant and he expressed interest in performing the customary rites for her hand in marriage.
He informed the court that the complainant’s mother refused to allow her daughter to marry him on the ground that he (Prophet Onetouch) was a poor man sleeping in a wooden structure.
According to the accused person, the complainant decided to name a gentleman who sold fuel as the father of her unborn baby and as a result of that he (Prophet Onetouch) relocated to Accra, where he began ministering the gospel.
He said after having three children with three different men, the complainant, together with her elder sister, approached him four years ago after she had realised his life had improved tremendously and pleaded with him to accept the victim because, according to her, the victim was his child.
Prophet Onetouch said he initially refused and advised the victim’s mother to approach his family and formally inform them that the victim was his child but after incessant pleadings, he agreed to accept the victim into his family.
The accused person said the victim stayed with his elder sister for a year but his sister always complained the victim wet her bed and so he and his wife decided to take custody of the victim.
During cross-examination from a Chief State Attorney, Ms Helen Kwawukume, Prophet Onetouch said the victim was in his custody until July, 2009, when the complainant came for her.
Hearing continues on November 3, 2010.
THE Founder and General Overseer of the Jesus Blood Prophetic Ministry, Prophet Nana Kofi Yirenkyi, yesterday denied defiling his 10-year-old daughter and accused the complainant (the victim’s mother) of making up stories against her past lovers.
He said the complainant had three children with three different men, adding that the complainant’s ex-husband was currently undergoing a similar ordeal.
According to him, it was rather his security man who had sexual intercourse with the victim and as a result he (Prophet Onetouch) lodged a complaint against the security man at the police station.
He said he was accompanied to the police station by his wife and his stepchild, who had also been sexually abused by the security man, as well as a witness who had caught the security man with his daughter having sexual intercourse.
The accused person said he was taken aback when the victim’s mother hurled insults at him and refused to bring the girl to Accra upon police request because the girl had informed her earlier that he (accused person) had accused the girl of having been bewitched by her mother and grandmother to wage a spiritual war against him (Prophet Onetouch).
According to the accused person, as if that was not enough, the victim’s mother, instead of bringing the victim to Accra to press charges against the security man, rather lodged a complaint with the Akropong Police claiming that he (Prophet Onetouch) had defiled the victim.
Led by one of his lawyers, Mr Paul Owusu, to give his evidence-in-chief, the accused person told the court that the security man, who had pleaded for forgiveness in front of his (accused person’s) wife and other witnesses absconded after a complaint had been lodged with the police.
The accused person said he could not help but slap the security man in the face after the security man admitted inserting his fingers into the victim’s vagina.
Explaining further, Prophet Onetouch said he called the victim’s mother, who was by then living with the victim at Dawu in Akuapem, and informed her of the development and accordingly urged her to bring the victim to Accra to give a statement to the police.
According to Prophet Onetouch, the victim’s mother, on a later date, stated in the presence of two police officers that her daughter had confessed to having sexual intercourse with the security man.
Speaking in Twi, Prophet Onetouch said it was unthinkable and shameful for him to desire his daughter, worse of all have sexual intercourse with her.
“It is a shame to let my daughter see my nakedness. I have never been in the bedroom alone with the victim. She and the other children in the house share a different bedroom.”
He was so incensed he prayed the court to allow him remove his penis for the whole world to determine whether or not his daughter could stand it for a minute.
Denying a claim that he slept with his daughter three times a week, Prophet Onetouch said not even his wife enjoyed such a privilege.
In a typical Biblical mood, Prophet Onetouch quoted segments of the Bible to proclaim his innocence and further challenged God to severely punish him like He did to the Egyptians when the Egyptians refused to grant the Israelites freedom if it turned out that he (Prophet Onetouch) was telling a lie.
He also urged all men of God to pray for God’s punishment to be meted out to him if he indeed defiled his own flesh and blood.
He gave an itinerary of what he did on Tuesdays, Saturdays and Sundays, the days his daughter accused him of having sexual intercourse with her, and stated that he left the house at 4 a.m. on Tuesdays and Saturdays to preach on radio and then to his church premises for preaching and consultation and returned home mostly after 8 p.m.
Prophet Onetouch said he left the house early on Sundays with his wife while the victim and other children followed later in another vehicle.
He said the accusation levelled against him was a ploy hatched by his daughter’s mother to destroy his reputation as a man of God several years after she and her family had denied him responsibility for the pregnancy which resulted in the birth of the victim.
Narrating incidents which led to the victim being brought to his house, he said about a decade ago, the complainant, whom he was dating, informed him that she was pregnant and he expressed interest in performing the customary rites for her hand in marriage.
He informed the court that the complainant’s mother refused to allow her daughter to marry him on the ground that he (Prophet Onetouch) was a poor man sleeping in a wooden structure.
According to the accused person, the complainant decided to name a gentleman who sold fuel as the father of her unborn baby and as a result of that he (Prophet Onetouch) relocated to Accra, where he began ministering the gospel.
He said after having three children with three different men, the complainant, together with her elder sister, approached him four years ago after she had realised his life had improved tremendously and pleaded with him to accept the victim because, according to her, the victim was his child.
Prophet Onetouch said he initially refused and advised the victim’s mother to approach his family and formally inform them that the victim was his child but after incessant pleadings, he agreed to accept the victim into his family.
The accused person said the victim stayed with his elder sister for a year but his sister always complained the victim wet her bed and so he and his wife decided to take custody of the victim.
During cross-examination from a Chief State Attorney, Ms Helen Kwawukume, Prophet Onetouch said the victim was in his custody until July, 2009, when the complainant came for her.
Hearing continues on November 3, 2010.
Monday, October 25, 2010
£120,000 was a gift - Bishop Vagalas
Saturday, October 23, 2010 (Page 3)
THE General Overseer of the Vineyard Chapel International, Bishop Vagalas Kanco, has denied defrauding a British national to the tune of £120,000.
He told the Accra Circuit Court that the money was a gift from the complainant, Ms Clova Sutherland, after she had attended a deliverance session and was healed of her cancer.
According to him, “the money was not extraordinary in the line of my work as an evangelist and man of God”.
Pastor Kanco was alleged to have lured the complainant into believing that she would die if she did not allow him to pray over a £120,000 cheque she had issued in the name of her former lover whom Bishop Kanco had described as evil.
According to the prosecution, Bishop Kanco managed to convince the complainant to re-issue the cheque in his name in order for him to pray over it and return it to her on a later date.
Bishop Kanco, who has pleaded not guilty to one count of defrauding by false pretence, is currently on a GH¢300,000 bail.
Led by his counsel to give his evidence-in-chief, Pastor Kanco told the circuit court that it was not true he lured the complainant into re-issuing the cheque in his name.
He also denied claims by the complainant that he held counselling sessions with her after which he convinced her to re-issue the cheque in his name.
Giving the background to the incident, Pastor Kanco said he was invited by Alive Chapel International to London as a guest speaker for a three-day prayer and deliverance session.
He said the host pastor, after the three-day prayer and deliverance session, urged the congregation to bless him (Pastor Kanco) with gifts to which they obliged and handed him gifts both in cash and in kind.
According to the accused person, on his arrival in Ghana, he opened the gifts and realised one of the envelopes contained £120,000 with a call back number.
He said he called back the complainant and thanked her for her kindness, adding that the complainant informed him that she had been healed of her cancer after the deliverance session.
He, however, denied that the complainant had discussed problems between her and her ex-partner with him as well as taking the cheque to pray over it and returning it to her later.
Pastor Kanco said he paid the cheque into his account at the Makola Branch of the Barclays Bank and there was no point in time that the complainant called to demand her money back.
He also denied the complainant’s claim that he had been evasive after he received the cheque, adding that he had visited London three times between May, 2003 and September, 2009 after receiving the money and at no point in time was he confronted by a policeman or anyone else while in London.
Pastor Kanco said it was also not true a pastor in London confronted him and advised him to pay back the money.
The accused person admitted he wrote a letter of undertaking to refund the money in a bid to have access to the woman for a talk.
According to the accused person, he was invited by the Ghana Police in December, 2009 and accused the police of attempting to force him to pay back the money to the complainant.
The prosecution is expected to cross-examine the witness on November 11, 2010.
THE General Overseer of the Vineyard Chapel International, Bishop Vagalas Kanco, has denied defrauding a British national to the tune of £120,000.
He told the Accra Circuit Court that the money was a gift from the complainant, Ms Clova Sutherland, after she had attended a deliverance session and was healed of her cancer.
According to him, “the money was not extraordinary in the line of my work as an evangelist and man of God”.
Pastor Kanco was alleged to have lured the complainant into believing that she would die if she did not allow him to pray over a £120,000 cheque she had issued in the name of her former lover whom Bishop Kanco had described as evil.
According to the prosecution, Bishop Kanco managed to convince the complainant to re-issue the cheque in his name in order for him to pray over it and return it to her on a later date.
Bishop Kanco, who has pleaded not guilty to one count of defrauding by false pretence, is currently on a GH¢300,000 bail.
Led by his counsel to give his evidence-in-chief, Pastor Kanco told the circuit court that it was not true he lured the complainant into re-issuing the cheque in his name.
He also denied claims by the complainant that he held counselling sessions with her after which he convinced her to re-issue the cheque in his name.
Giving the background to the incident, Pastor Kanco said he was invited by Alive Chapel International to London as a guest speaker for a three-day prayer and deliverance session.
He said the host pastor, after the three-day prayer and deliverance session, urged the congregation to bless him (Pastor Kanco) with gifts to which they obliged and handed him gifts both in cash and in kind.
According to the accused person, on his arrival in Ghana, he opened the gifts and realised one of the envelopes contained £120,000 with a call back number.
He said he called back the complainant and thanked her for her kindness, adding that the complainant informed him that she had been healed of her cancer after the deliverance session.
He, however, denied that the complainant had discussed problems between her and her ex-partner with him as well as taking the cheque to pray over it and returning it to her later.
Pastor Kanco said he paid the cheque into his account at the Makola Branch of the Barclays Bank and there was no point in time that the complainant called to demand her money back.
He also denied the complainant’s claim that he had been evasive after he received the cheque, adding that he had visited London three times between May, 2003 and September, 2009 after receiving the money and at no point in time was he confronted by a policeman or anyone else while in London.
Pastor Kanco said it was also not true a pastor in London confronted him and advised him to pay back the money.
The accused person admitted he wrote a letter of undertaking to refund the money in a bid to have access to the woman for a talk.
According to the accused person, he was invited by the Ghana Police in December, 2009 and accused the police of attempting to force him to pay back the money to the complainant.
The prosecution is expected to cross-examine the witness on November 11, 2010.
Court orders Bawku Central MP to file response
October 21, 2010 (Page 3 Lead)
THE Supreme Court, by a 6-3 majority decision, yesterday directed the Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, to file his response and statement of case to a writ challenging his nationality.
Lawyers for the MP had filed a preliminary objection against an application filed by Mr Sumaila Biebel, a cattle dealer, who is praying the Supreme Court to overturn earlier decisions by the Court of Appeal which declared an order by the High Court directing the MP to vacate his seat as null and void.
Defence lawyers filed a notice of preliminary objection to Mr Biebel’s writ, which is seeking an enforcement of Article 94 (2) of the 1992 Constitution barring foreigners from seeking election into public office.
According to the lawyers, Mr Biebel’s writ was an electoral dispute which should not be countenanced by the court because he filed it out of time.
However, the president of the nine-member panel, Mr Justice S. A. Brobbey, announced that the court in a 6-3 decision had overruled the MP’s preliminary objection.
It accordingly directed the MP to file his response and statement of case, adding that the court would give its full reasons later.
It also announced that the suit would take its normal course and accordingly adjourned the case sine die.
The defence team told the Daily Graphic it would comply with the court’s ruling and file the necessary papers, as well as attach documents to prove that the MP held allegiance to only Ghana.
The other members of the panel were Mr Justice Julius Ansah, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr Justice P. Baffoe-Bonney, Mr Justice B. T. Aryeetey, Mr Justice N. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo.
The Court of Appeal, in three separate rulings, set aside the cattle dealer’s writ of summons which challenged the MP’s nationality and declared the decision by the High Court that ordered the MP to vacate his seat as null and void.
The court had, in a unanimous decision, held that the writ of summons filed by Mr Biebel challenging the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It, accordingly, upheld submissions by counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action”.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as an MP.
However, lawyers for the MP appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
The lawyers, therefore, prayed the Court of Appeal to set aside the writ of summons which, they argued, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
THE Supreme Court, by a 6-3 majority decision, yesterday directed the Member of Parliament (MP) for Bawku Central, Mr Adamu Daramani Sakande, to file his response and statement of case to a writ challenging his nationality.
Lawyers for the MP had filed a preliminary objection against an application filed by Mr Sumaila Biebel, a cattle dealer, who is praying the Supreme Court to overturn earlier decisions by the Court of Appeal which declared an order by the High Court directing the MP to vacate his seat as null and void.
Defence lawyers filed a notice of preliminary objection to Mr Biebel’s writ, which is seeking an enforcement of Article 94 (2) of the 1992 Constitution barring foreigners from seeking election into public office.
According to the lawyers, Mr Biebel’s writ was an electoral dispute which should not be countenanced by the court because he filed it out of time.
However, the president of the nine-member panel, Mr Justice S. A. Brobbey, announced that the court in a 6-3 decision had overruled the MP’s preliminary objection.
It accordingly directed the MP to file his response and statement of case, adding that the court would give its full reasons later.
It also announced that the suit would take its normal course and accordingly adjourned the case sine die.
The defence team told the Daily Graphic it would comply with the court’s ruling and file the necessary papers, as well as attach documents to prove that the MP held allegiance to only Ghana.
The other members of the panel were Mr Justice Julius Ansah, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr Justice P. Baffoe-Bonney, Mr Justice B. T. Aryeetey, Mr Justice N. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo.
The Court of Appeal, in three separate rulings, set aside the cattle dealer’s writ of summons which challenged the MP’s nationality and declared the decision by the High Court that ordered the MP to vacate his seat as null and void.
The court had, in a unanimous decision, held that the writ of summons filed by Mr Biebel challenging the eligibility of the MP to stand for election and to be subsequently elected as an MP “was wrong in law”.
It, accordingly, upheld submissions by counsel for the MP, Mr Yonny Kulendi, which described Mr Biebel’s action as an electoral petition “dressed as a constitutional enforcement action”.
In a default judgement dated July 15, 2009, the High Court had declared that the MP owed allegiance to Britain and not Ghana and for that reason he could not hold a position as MP in Ghana following a writ of summons filed by Mr Biebel.
The High Court granted Mr Biebel’s application, which sought a declaration that the MP should be ordered to vacate his seat because he was a British national and, therefore, did not qualify to sit as an MP.
However, lawyers for the MP appealed against the High Court’s decision on the grounds that Mr Biebel should have filed an electoral petition within 21 days after the declaration of the results, which Mr Biebel failed to do.
The lawyers, therefore, prayed the Court of Appeal to set aside the writ of summons which, they argued, Mr Biebel had filed months after Mr Sakande had been declared winner in the Bawku Central parliamentary election.
The Ya-Na murder case • It was a battle between Abudus, Andanis - Report
October 21, 2010 (Page 51)
A POLICE report issued after investigations into the Yendi conflict and subsequent murder of the Ya-Na and a number of his elders states that there was a war between the Abudus and Andanis.
According to the report, the Andanis were overpowered by the Abudus after they ran out of ammunition.
The report, which was read to the Accra Fast Track High Court by an investigator in the case, Mr Charles Adaba, added that the Wuaku Commission report also quoted a witness as saying that the Regent of Tamale organised a Mercedes Benz bus parked with warriors to fight on behalf of the Ya-Na in the three-day conflict which resulted in the death of the Ya-Na and 30 other persons in March 2002.
Fifteen persons are standing trial for playing various roles resulting in the murder of the Ya-Na. They are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Answering questions under cross-examination from the lead counsel for the accused persons, Mr Philip Addison, Detective Inspector Adaba told the court that from the Wuaku Commission’s report, it was difficult to particularly state who shot and killed the Ya-Na.
The investigator further stated that it also emerged during investigations that 10 bodies recovered after the conflict did not originate from Bawku but from surrounding communities, adding that three bodies were not identified at all.
According to him, the bodies were scattered in, outside and some metres away from the Gbewaa Palace, adding that although a body of an Abudu was recovered, he could not tell if there were more Abudu casualties.
Mr Adaba said he could not tell if Abudus picked up their dead relatives for burial because the bodies were scattered in twos or more and each time his team arrived to pick the bodies, he observed some had been taken away already.
According to the witness, the police report also cited five persons who later turned out to be prosecution witnesses as warriors for the Ya-Na.
He also told the court that the former DCE wore an ordinary attire when he arrived at the police station to hand over his vehicle on the day of the conflict contrary to an earlier evidence from some prosecution witnesses that the former DCE wore a bullet proof attire on the day of the incident.
Counsel: Did you see the former DCE when he arrived at the police station that day?
Witness: Yes, I saw him. His driver handed over the keys to his vehicle to me and I in turn handed the keys over to my Divisional Commander. I do not know when the keys were handed over to the former DCE.
Counsel: Did it come to your notice the Ya-Na had a training camp where he trained warriors?
Witness: People gave statements to that effect.
Counsel: Did you visit the training grounds?
Witness: Yes, my Lord.
Counsel: From your investigations, what was the reaction of the Abudus when they were told the curfew had been lifted?
Witness: They were not happy.
Counsel: From your investigations, what was the reaction of the Andanis when they were told the curfew had been lifted and the ban on the celebration of the fire festival had been lifted?
Witness: From our investigations, the Andanis were okay.
Mr Adaba said from the Wuaku Commission’s report on the pathologist’s testimony, it was not conclusive that the only charred body was that of the Ya-Na.
The court, presided over by Mr Justice E. K. Ayebi, granted permission to the former DCE to write his examinations at the Ghana Institute of Management and Public Administration (GIMPA) from October 22 to 23, 2010 under police escort.
Sitting resumes on Monday, October 25, 2010.
A POLICE report issued after investigations into the Yendi conflict and subsequent murder of the Ya-Na and a number of his elders states that there was a war between the Abudus and Andanis.
According to the report, the Andanis were overpowered by the Abudus after they ran out of ammunition.
The report, which was read to the Accra Fast Track High Court by an investigator in the case, Mr Charles Adaba, added that the Wuaku Commission report also quoted a witness as saying that the Regent of Tamale organised a Mercedes Benz bus parked with warriors to fight on behalf of the Ya-Na in the three-day conflict which resulted in the death of the Ya-Na and 30 other persons in March 2002.
Fifteen persons are standing trial for playing various roles resulting in the murder of the Ya-Na. They are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Answering questions under cross-examination from the lead counsel for the accused persons, Mr Philip Addison, Detective Inspector Adaba told the court that from the Wuaku Commission’s report, it was difficult to particularly state who shot and killed the Ya-Na.
The investigator further stated that it also emerged during investigations that 10 bodies recovered after the conflict did not originate from Bawku but from surrounding communities, adding that three bodies were not identified at all.
According to him, the bodies were scattered in, outside and some metres away from the Gbewaa Palace, adding that although a body of an Abudu was recovered, he could not tell if there were more Abudu casualties.
Mr Adaba said he could not tell if Abudus picked up their dead relatives for burial because the bodies were scattered in twos or more and each time his team arrived to pick the bodies, he observed some had been taken away already.
According to the witness, the police report also cited five persons who later turned out to be prosecution witnesses as warriors for the Ya-Na.
He also told the court that the former DCE wore an ordinary attire when he arrived at the police station to hand over his vehicle on the day of the conflict contrary to an earlier evidence from some prosecution witnesses that the former DCE wore a bullet proof attire on the day of the incident.
Counsel: Did you see the former DCE when he arrived at the police station that day?
Witness: Yes, I saw him. His driver handed over the keys to his vehicle to me and I in turn handed the keys over to my Divisional Commander. I do not know when the keys were handed over to the former DCE.
Counsel: Did it come to your notice the Ya-Na had a training camp where he trained warriors?
Witness: People gave statements to that effect.
Counsel: Did you visit the training grounds?
Witness: Yes, my Lord.
Counsel: From your investigations, what was the reaction of the Abudus when they were told the curfew had been lifted?
Witness: They were not happy.
Counsel: From your investigations, what was the reaction of the Andanis when they were told the curfew had been lifted and the ban on the celebration of the fire festival had been lifted?
Witness: From our investigations, the Andanis were okay.
Mr Adaba said from the Wuaku Commission’s report on the pathologist’s testimony, it was not conclusive that the only charred body was that of the Ya-Na.
The court, presided over by Mr Justice E. K. Ayebi, granted permission to the former DCE to write his examinations at the Ghana Institute of Management and Public Administration (GIMPA) from October 22 to 23, 2010 under police escort.
Sitting resumes on Monday, October 25, 2010.
Wednesday, October 20, 2010
Pastor's killers remanded
Wednesday, October 20, 2010 (Second Lead Story)
THE Accra District Magistrate’s Court, presided over by Mr Kofi Ahiabor, yesterday remanded three persons for allegedly murdering an American missionary on his farm at Akwamu-Amanfo, near Nsawam on March 18, 2010.
Kofi Seidu, the driver and farm manager of the deceased, who confessed to the crime and led police officers to exhume the deceased’s body on October 11, 2010, was remanded alongside Pastor Goodwill Padmore, Principal of Prestige Secretarial and Business Academy, and Issaka Mohammed, a mason.
The accused persons are to reappear on November 2, 2010.
They have been charged with two counts of conspiracy and murder.
Their pleas were not taken.
The magistrate could not help, but comment after the facts of the case had been read that, “this is one of the saddest stories I have ever heard in my life.”
He then stated that the court would remand the accused persons while the processes for the committal to the High Court for trial begins.
Presenting the facts of the case, an Assistant Superintendent of Police, Mr Cletus Adamlura, said the deceased, Reverend Sydney Thomas Barnes, was the founder of the Cross Road Christian Mission Inc and Proprietor of Prestige Secretarial and Computer School, both in Koforidua, where he had lived since 1997, and also owned the Manna Mission Farms at Akwamu-Amanfo.
He said on December 12, 2009, Rev Barnes proceeded on leave and, as was his usual practice, travelled to the US on holidays and was due back on March 18, 2010. Seidu, who had been in the employment of the deceased for the past 12 years, was asked to pick him up at the airport.
The prosecutor said Pastor Padmore dispatched Seidu from Koforidua to Accra to pick up the deceased from the Kotoka International Airport with a Land Rover, with registration number WR 418 P.
According to the prosecution, Seidu called Padmore on phone around 11.30 p.m. on March 18, 2010 and informed him that the deceased had not arrived.
Seidu allegedly drove the said Land Rover to Nsawam Adoagyiri and on arrival, a witness in the case detected that Seidu had sustained injuries on both hands.
The prosecution said Seidu told the witness, who had enquired about the cause of the injuries, that he (Seidu) got involved in an accident with a Caucasian friend who was on admission at the St. Joseph Hospital in Koforidua.
On that same day, Seidu gave a laptop to a witness in the case to open for him and upon booting the laptop, the picture of the deceased appeared on the screen.
A tourist bag believed to be the property of the deceased was also found in the Land Rover and upon enquiry, Seidu told the witness that the bag belonged to the Caucasian friend of his.
Following the disappearance of Rev. Barnes, a complaint was lodged with the police, who eventually effected the arrest of Seidu.
During interrogation, Seidu allegedly confessed to killing Rev. Barnes and mentioned Pastor Padmore and Mohammed as his accomplices.
Seidu eventually led a team of police officers from the Homicide Unit and pathologists from the Korle-Bu Teaching Hospital to Akwamu-Amanfo, where he identified the grave in which he had buried Rev. Barnes.
On October 13, 2010, pathologists performed an autopsy on Rev. Barnes body and are yet to submit their report.
THE Accra District Magistrate’s Court, presided over by Mr Kofi Ahiabor, yesterday remanded three persons for allegedly murdering an American missionary on his farm at Akwamu-Amanfo, near Nsawam on March 18, 2010.
Kofi Seidu, the driver and farm manager of the deceased, who confessed to the crime and led police officers to exhume the deceased’s body on October 11, 2010, was remanded alongside Pastor Goodwill Padmore, Principal of Prestige Secretarial and Business Academy, and Issaka Mohammed, a mason.
The accused persons are to reappear on November 2, 2010.
They have been charged with two counts of conspiracy and murder.
Their pleas were not taken.
The magistrate could not help, but comment after the facts of the case had been read that, “this is one of the saddest stories I have ever heard in my life.”
He then stated that the court would remand the accused persons while the processes for the committal to the High Court for trial begins.
Presenting the facts of the case, an Assistant Superintendent of Police, Mr Cletus Adamlura, said the deceased, Reverend Sydney Thomas Barnes, was the founder of the Cross Road Christian Mission Inc and Proprietor of Prestige Secretarial and Computer School, both in Koforidua, where he had lived since 1997, and also owned the Manna Mission Farms at Akwamu-Amanfo.
He said on December 12, 2009, Rev Barnes proceeded on leave and, as was his usual practice, travelled to the US on holidays and was due back on March 18, 2010. Seidu, who had been in the employment of the deceased for the past 12 years, was asked to pick him up at the airport.
The prosecutor said Pastor Padmore dispatched Seidu from Koforidua to Accra to pick up the deceased from the Kotoka International Airport with a Land Rover, with registration number WR 418 P.
According to the prosecution, Seidu called Padmore on phone around 11.30 p.m. on March 18, 2010 and informed him that the deceased had not arrived.
Seidu allegedly drove the said Land Rover to Nsawam Adoagyiri and on arrival, a witness in the case detected that Seidu had sustained injuries on both hands.
The prosecution said Seidu told the witness, who had enquired about the cause of the injuries, that he (Seidu) got involved in an accident with a Caucasian friend who was on admission at the St. Joseph Hospital in Koforidua.
On that same day, Seidu gave a laptop to a witness in the case to open for him and upon booting the laptop, the picture of the deceased appeared on the screen.
A tourist bag believed to be the property of the deceased was also found in the Land Rover and upon enquiry, Seidu told the witness that the bag belonged to the Caucasian friend of his.
Following the disappearance of Rev. Barnes, a complaint was lodged with the police, who eventually effected the arrest of Seidu.
During interrogation, Seidu allegedly confessed to killing Rev. Barnes and mentioned Pastor Padmore and Mohammed as his accomplices.
Seidu eventually led a team of police officers from the Homicide Unit and pathologists from the Korle-Bu Teaching Hospital to Akwamu-Amanfo, where he identified the grave in which he had buried Rev. Barnes.
On October 13, 2010, pathologists performed an autopsy on Rev. Barnes body and are yet to submit their report.
At Ya-Na muder trial • Inability to produce documents strange
October 19, 2010 (Page 3 Lead)
THE trial judge in the Ya-Na murder case yesterday expressed surprise at the prosecution’s inability to produce transcripts, video and audio recordings at the Wuaku Commission which had been set up in 2002 to investigate the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II.
Mr Justice E. K. Ayebi said it was strange for the prosecution, which was supposed to be the custodian of such vital materials, to state in open court that those documents could not be traced.
Giving its ruling on an application filed by the defence team for the production of those documents, the court held that any party which could not produce documents could not rely on those documents for trial.
In effect, both the prosecution and the defence cannot allude to excerpts from any document which they would not be in a position to produce to the court upon request.
The court’s decision stemmed from a response from a Chief State Attorney, Mr Rexford Wiredu, who told the court that his outfit had searched and combed for records on the Wuaku Commission’s sittings from the relevant places, including the Attorney-General’s library, but that had not been successful.
He said the only material he found was the bound book of the commission’s executive summary on the sittings.
Obviously not enthused by the prosecution’s submissions, lead counsel for the defendants, Mr Philip Addison, said it was unfortunate for the prosecution to make such submissions to a court of record.
He said the defence knew the existence of the documents as a matter of authority.
According to counsel, Mr Wiredu could have got in touch with former Attorneys-General and other officials who might have possible clues as to the whereabouts of the materials.
Later, the 10th prosecution witness, Detective Sergeant Augustus Nkrumah, in his evidence-in-chief, told the court that he knew the accused persons, as well as all other witnesses, except the pathologist who testified in the case.
According to him, he had been assigned by his superiors in February 2010 to investigate the Yendi conflict which claimed the life of the Ya-Na and a number of his elders.
He said he had laid hands on old dockets on the case and proceeded to Yendi, where he invited witnesses for their statements to be taken.
The observation he made included bullet holes on the front view of the Ya-Na’s Palace, as well as the take-over of the palace by some Abudus.
Led by Mr Wiredu, the investigator said he also observed that the Abudus had re-roofed the palace to perform the final funeral rites of their late King, Ya-Na Mahamadu, while he also visited the place where the Ya-Na was alleged to have been murdered.
Detective Sergeant Nkrumah tendered in evidence as exhibits statements he had taken from the accused persons and read them to the court, after lawyers for the accused had agreed to their admittance in evidence.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
THE trial judge in the Ya-Na murder case yesterday expressed surprise at the prosecution’s inability to produce transcripts, video and audio recordings at the Wuaku Commission which had been set up in 2002 to investigate the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II.
Mr Justice E. K. Ayebi said it was strange for the prosecution, which was supposed to be the custodian of such vital materials, to state in open court that those documents could not be traced.
Giving its ruling on an application filed by the defence team for the production of those documents, the court held that any party which could not produce documents could not rely on those documents for trial.
In effect, both the prosecution and the defence cannot allude to excerpts from any document which they would not be in a position to produce to the court upon request.
The court’s decision stemmed from a response from a Chief State Attorney, Mr Rexford Wiredu, who told the court that his outfit had searched and combed for records on the Wuaku Commission’s sittings from the relevant places, including the Attorney-General’s library, but that had not been successful.
He said the only material he found was the bound book of the commission’s executive summary on the sittings.
Obviously not enthused by the prosecution’s submissions, lead counsel for the defendants, Mr Philip Addison, said it was unfortunate for the prosecution to make such submissions to a court of record.
He said the defence knew the existence of the documents as a matter of authority.
According to counsel, Mr Wiredu could have got in touch with former Attorneys-General and other officials who might have possible clues as to the whereabouts of the materials.
Later, the 10th prosecution witness, Detective Sergeant Augustus Nkrumah, in his evidence-in-chief, told the court that he knew the accused persons, as well as all other witnesses, except the pathologist who testified in the case.
According to him, he had been assigned by his superiors in February 2010 to investigate the Yendi conflict which claimed the life of the Ya-Na and a number of his elders.
He said he had laid hands on old dockets on the case and proceeded to Yendi, where he invited witnesses for their statements to be taken.
The observation he made included bullet holes on the front view of the Ya-Na’s Palace, as well as the take-over of the palace by some Abudus.
Led by Mr Wiredu, the investigator said he also observed that the Abudus had re-roofed the palace to perform the final funeral rites of their late King, Ya-Na Mahamadu, while he also visited the place where the Ya-Na was alleged to have been murdered.
Detective Sergeant Nkrumah tendered in evidence as exhibits statements he had taken from the accused persons and read them to the court, after lawyers for the accused had agreed to their admittance in evidence.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Prosecution to authenticate Bawku MP's documents
Saturday, October 16, 2010 (Page 3)
THE prosecution in the nationality trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, is to verify the authenticity or otherwise of documents produced by the MP to prove that he has renounced his British citizenship.
The Accra Fast Track High Court, which granted a request from the prosecution to this effect when the case was called yesterday, therefore, adjourned proceedings to October 28, 2010.
The court fixed the date after it had overruled an objection from counsel for the MP, Mr Yonny Kulendi, who had prayed the court to refuse the request for an adjournment from the prosecution because, according to him, the prosecution should have thoroughly investigated the case before wasting the taxpayer’s money, the court’s time and his client’s time.
Mr Kulendi had said it would be an abuse of the discretion of the court to adjourn the case to enable the prosecution to verify the MP’s defence when the prosecution had failed to prove a case against his client.
“If the state, with all its resources, is not able to thoroughly investigate the matter before coming to court, the court should not allow itself to be used as a subterfuge,” Mr Kulendi pointed out.
A Chief State Attorney, Mr Rexford Owiredu, had earlier informed the court that his outfit had submitted, through the Police Forensic Laboratory, to the British High Commission in Accra documents tendered by the MP.
On October 8, 2010, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office, which led to the eventual approval of his renunciation of his citizenship in September, 2008.
Following the tendering of the said documents, Mr Owiredu informed the court at its sitting in Accra yesterday that the defence did not give the prosecution the opportunity to verify the authenticity of the documents because the defence submitted those documents on short notice.
According to Mr Owiredu, the defence did not give the prosecution the chance to verify the documents before cross-examining on it.
He, therefore, asked for a week’s adjournment to enable the prosecution to verify the authenticity or otherwise of the documents tendered in evidence by the MP from the British Home Office.
Opposing the application, Mr Kulendi said the prayer from the prosecution was unreasonable, unjustifiable and unwarranted because the prosecution was asking the court to cure an omission it (prosecution) had created.
“We have not invited them to do our case for us. If they believe the documents we tendered are defective and do not comply with law, it is their gain and our loss,” Mr Kulendi stated, pointing out that the prosecution should have silently investigated the documents and addressed the court on it if it later found them to be fake.
Mr Kulendi said the prosecution’s case against his client was crumbling and that instead of conceding to save the taxpayer money, as well as save the court time, it was asking the court to hold the scale of justice in its favour, adding that it was also strange for the prosecution to add documents it had not objected to while they were being tendered to the documents it had forwarded to the Home Office for verification.
Upholding the prosecution’s plea for an adjournment, the trial judge, Mr Justice Charles Quist, said it was important for the court to grant the deferment to enable the prosecution to verify the authenticity of documents for cross-examination of the witness to continue.
The MP was, on July 31, 2009, arraigned before the court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP, but was exonerated on six of those charges on July 8, 2010.
He is currently facing three charges of false declaration of office or voting, perjury and deceiving a public officer.
THE prosecution in the nationality trial of the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, is to verify the authenticity or otherwise of documents produced by the MP to prove that he has renounced his British citizenship.
The Accra Fast Track High Court, which granted a request from the prosecution to this effect when the case was called yesterday, therefore, adjourned proceedings to October 28, 2010.
The court fixed the date after it had overruled an objection from counsel for the MP, Mr Yonny Kulendi, who had prayed the court to refuse the request for an adjournment from the prosecution because, according to him, the prosecution should have thoroughly investigated the case before wasting the taxpayer’s money, the court’s time and his client’s time.
Mr Kulendi had said it would be an abuse of the discretion of the court to adjourn the case to enable the prosecution to verify the MP’s defence when the prosecution had failed to prove a case against his client.
“If the state, with all its resources, is not able to thoroughly investigate the matter before coming to court, the court should not allow itself to be used as a subterfuge,” Mr Kulendi pointed out.
A Chief State Attorney, Mr Rexford Owiredu, had earlier informed the court that his outfit had submitted, through the Police Forensic Laboratory, to the British High Commission in Accra documents tendered by the MP.
On October 8, 2010, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office, which led to the eventual approval of his renunciation of his citizenship in September, 2008.
Following the tendering of the said documents, Mr Owiredu informed the court at its sitting in Accra yesterday that the defence did not give the prosecution the opportunity to verify the authenticity of the documents because the defence submitted those documents on short notice.
According to Mr Owiredu, the defence did not give the prosecution the chance to verify the documents before cross-examining on it.
He, therefore, asked for a week’s adjournment to enable the prosecution to verify the authenticity or otherwise of the documents tendered in evidence by the MP from the British Home Office.
Opposing the application, Mr Kulendi said the prayer from the prosecution was unreasonable, unjustifiable and unwarranted because the prosecution was asking the court to cure an omission it (prosecution) had created.
“We have not invited them to do our case for us. If they believe the documents we tendered are defective and do not comply with law, it is their gain and our loss,” Mr Kulendi stated, pointing out that the prosecution should have silently investigated the documents and addressed the court on it if it later found them to be fake.
Mr Kulendi said the prosecution’s case against his client was crumbling and that instead of conceding to save the taxpayer money, as well as save the court time, it was asking the court to hold the scale of justice in its favour, adding that it was also strange for the prosecution to add documents it had not objected to while they were being tendered to the documents it had forwarded to the Home Office for verification.
Upholding the prosecution’s plea for an adjournment, the trial judge, Mr Justice Charles Quist, said it was important for the court to grant the deferment to enable the prosecution to verify the authenticity of documents for cross-examination of the witness to continue.
The MP was, on July 31, 2009, arraigned before the court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP, but was exonerated on six of those charges on July 8, 2010.
He is currently facing three charges of false declaration of office or voting, perjury and deceiving a public officer.
Friday, October 15, 2010
No gunshot wounds on Ya-Na's body • Pathologist tells court
Friday, October 15, 2010 (Page 3 Lead)
A PATHOLOGIST at the 37 Military Hospital yesterday told the Accra Fast Track High Court that there were no gunshot wounds on the body of the late Overlord of Dagbon, Ya-Na Yakubu Andani II.
Answering a question from the foreman of the seven-member jury hearing the case involving 15 persons who have been accused of playing various roles resulting in the death of the Ya-Na, Brigadier-General J. M. Wadhwani said “no pellet was removed from the body of the Ya-Na”.
The foreman of the jurors asked the question after the court had been taken by surprise when a Chief State Attorney, Mr Rexford Owiredu, had informed the court that there would no re-examination of the pathologist after he had made such request a day earlier.
Mr Owiredu had on Wednesday insisted on an adjournment to enable him to re-examine the pathologist on aspects of his testimony at the trial of Yidani Sugri and another in 2003, following the death of the Ya-Na.
On that day, he had series of hot arguments with the lead defence counsel, Mr Philip Addison, who questioned the basis for Mr Owiredu’s insistence on an adjournment for re-examination on the grounds that “I do not see the reason for him to ask for an adjournment just to cross-examine the witness on three lines from the Yidana Sugri trial”.
The issue in contention had to do with excerpts from the Yidana Sugri trial in which the pathologist was cross-examined by defence counsel for Yidana Sugri. Sugri was later acquitted and discharged alongside his alleged accomplice, Iddrisu Gyanfo in 2003.
The following had transpired between the defence lawyer and Dr Wadhwani during the Yidani Sugri trial.
Defence counsel: Do you think that it is possible that the body identified to you could have been that of anyone else?
Dr Wadhwani: Yes, it is possible.
Defence counsel also quoted Dr Wadhwani from the Wuaku Commission’s report and excerpts from the Yidani Sugri trial in which he (Dr Wadhwani) described the body of the late Ya-Na as “charred remains of an adult male”.
Following the reading of the excerpts, which somehow contradicted Dr Wadhwani’s Wednesday’s testimony to the court in which he placed a name on what he had described in 2002 and 2003 as “charred remains of an adult male”, the prosecutor sought an adjournment to enable him to read the entire proceedings from the Yidani Sugri trial to enable him to cross-examine effectively.
Consequently, the pathologist arrived on the court premises before 9 a.m. and waited until 11:26 a.m. when he was called into the witness box only for Mr Owiredu to state that “there would be no re-examination of the witness”.
Mr Addison did not take kindly to Mr Owiredu’s position and stated that Mr Owiredu had not been fair to the court, the witness and other parties in the case.
Although, the trial judge, Mr Justice E. K. Ayebi, shared a similar sentiment, Mr Owiredu insisted he had not been unfair to anybody.
Mr Owiredu then informed the court that the investigator in charge of the case, Detective Inspector Charles Adaba, had just arrived from The Sudan, from a peacekeeping mission and for that reason the prosecution would need a short adjournment to adequately hold a conference with the investigator.
The Chief State Attorney also informed the court that the prosecution could not locate audio and video recordings and transcripts on the Wuaku Commission sittings.
According to him, the secretary who handled those documents was dead.
The matter was accordingly adjourned to Monday, October 18, 2010.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
A PATHOLOGIST at the 37 Military Hospital yesterday told the Accra Fast Track High Court that there were no gunshot wounds on the body of the late Overlord of Dagbon, Ya-Na Yakubu Andani II.
Answering a question from the foreman of the seven-member jury hearing the case involving 15 persons who have been accused of playing various roles resulting in the death of the Ya-Na, Brigadier-General J. M. Wadhwani said “no pellet was removed from the body of the Ya-Na”.
The foreman of the jurors asked the question after the court had been taken by surprise when a Chief State Attorney, Mr Rexford Owiredu, had informed the court that there would no re-examination of the pathologist after he had made such request a day earlier.
Mr Owiredu had on Wednesday insisted on an adjournment to enable him to re-examine the pathologist on aspects of his testimony at the trial of Yidani Sugri and another in 2003, following the death of the Ya-Na.
On that day, he had series of hot arguments with the lead defence counsel, Mr Philip Addison, who questioned the basis for Mr Owiredu’s insistence on an adjournment for re-examination on the grounds that “I do not see the reason for him to ask for an adjournment just to cross-examine the witness on three lines from the Yidana Sugri trial”.
The issue in contention had to do with excerpts from the Yidana Sugri trial in which the pathologist was cross-examined by defence counsel for Yidana Sugri. Sugri was later acquitted and discharged alongside his alleged accomplice, Iddrisu Gyanfo in 2003.
The following had transpired between the defence lawyer and Dr Wadhwani during the Yidani Sugri trial.
Defence counsel: Do you think that it is possible that the body identified to you could have been that of anyone else?
Dr Wadhwani: Yes, it is possible.
Defence counsel also quoted Dr Wadhwani from the Wuaku Commission’s report and excerpts from the Yidani Sugri trial in which he (Dr Wadhwani) described the body of the late Ya-Na as “charred remains of an adult male”.
Following the reading of the excerpts, which somehow contradicted Dr Wadhwani’s Wednesday’s testimony to the court in which he placed a name on what he had described in 2002 and 2003 as “charred remains of an adult male”, the prosecutor sought an adjournment to enable him to read the entire proceedings from the Yidani Sugri trial to enable him to cross-examine effectively.
Consequently, the pathologist arrived on the court premises before 9 a.m. and waited until 11:26 a.m. when he was called into the witness box only for Mr Owiredu to state that “there would be no re-examination of the witness”.
Mr Addison did not take kindly to Mr Owiredu’s position and stated that Mr Owiredu had not been fair to the court, the witness and other parties in the case.
Although, the trial judge, Mr Justice E. K. Ayebi, shared a similar sentiment, Mr Owiredu insisted he had not been unfair to anybody.
Mr Owiredu then informed the court that the investigator in charge of the case, Detective Inspector Charles Adaba, had just arrived from The Sudan, from a peacekeeping mission and for that reason the prosecution would need a short adjournment to adequately hold a conference with the investigator.
The Chief State Attorney also informed the court that the prosecution could not locate audio and video recordings and transcripts on the Wuaku Commission sittings.
According to him, the secretary who handled those documents was dead.
The matter was accordingly adjourned to Monday, October 18, 2010.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Near chaos at Cocoa Affairs Court
October 15, 2010 (Page 19)
THERE was near chaos on the premises of the Cocoa Affairs Court when a radio panellist who was charged with publishing false news with intent to cause fear and panic was freed by the Accra Circuit Court for want of prosecution.
While his family and friends jubilated upon his discharge, two police officers attempted to re-arrest him.
Nana Darkwa Baafi’s lawyer, Mr Mike Ocquaye Junior, did not take kindly to the police officers’ attitude and advised them to stay clear of his client.
Nana Darkwa was picked up by security officials in February, this year, after he was alleged to have stated on Top Radio, a private radio station in Accra, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills.
Baafi had pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
The trial judge invoked Section 166 of Act 30, which gives the court powers to discharge an accused person for want of prosecution.
Earlier, the prosecutor informed the court that the docket on the case had been taken to the Attorney-General’s office for advice and that another state prosecutor had been assigned to the case.
The judge then asked the name of the new prosecutor but the prosecutor could not give the name or any letter to confirm a new officer had been appointed to prosecute the case.
Following that development, Mr Ocquaye pleaded that the longevity of the case was like an albatross on his client’s neck.
He said the country’s motto was freedom and justice but his client was experiencing neither of the two.
Based on counsel’s submissions, the judge discharged the accused person.
Two police officers attempted to re-arrest Nana Darkwa but counsel argued that there was no point to re-arrest him only for him to go to court for freedom.
Mr Ocquaye assured the police officers that his client would avail himself should he be invited by the police.
The stance of the police officers drew a large crowd, including judges, court clerks and members of the general public, but the two officers, following defence counsel’s explanation, accordingly escorted Nana Darkwa to Mr Ocquaye’s vehicle.
Mr Ocquaye said by the court’s decision, although belated, justice had eventually prevailed.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of former President Rawlings.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters.
THERE was near chaos on the premises of the Cocoa Affairs Court when a radio panellist who was charged with publishing false news with intent to cause fear and panic was freed by the Accra Circuit Court for want of prosecution.
While his family and friends jubilated upon his discharge, two police officers attempted to re-arrest him.
Nana Darkwa Baafi’s lawyer, Mr Mike Ocquaye Junior, did not take kindly to the police officers’ attitude and advised them to stay clear of his client.
Nana Darkwa was picked up by security officials in February, this year, after he was alleged to have stated on Top Radio, a private radio station in Accra, that former President J.J. Rawlings had deliberately set fire to his house on February 14, 2010 in order to be relocated by President J. E.A. Mills.
Baafi had pleaded not guilty to one count of publishing false news with intent to cause alarm under Section 208 of Act 60 of the Criminal Procedure Code.
The trial judge invoked Section 166 of Act 30, which gives the court powers to discharge an accused person for want of prosecution.
Earlier, the prosecutor informed the court that the docket on the case had been taken to the Attorney-General’s office for advice and that another state prosecutor had been assigned to the case.
The judge then asked the name of the new prosecutor but the prosecutor could not give the name or any letter to confirm a new officer had been appointed to prosecute the case.
Following that development, Mr Ocquaye pleaded that the longevity of the case was like an albatross on his client’s neck.
He said the country’s motto was freedom and justice but his client was experiencing neither of the two.
Based on counsel’s submissions, the judge discharged the accused person.
Two police officers attempted to re-arrest Nana Darkwa but counsel argued that there was no point to re-arrest him only for him to go to court for freedom.
Mr Ocquaye assured the police officers that his client would avail himself should he be invited by the police.
The stance of the police officers drew a large crowd, including judges, court clerks and members of the general public, but the two officers, following defence counsel’s explanation, accordingly escorted Nana Darkwa to Mr Ocquaye’s vehicle.
Mr Ocquaye said by the court’s decision, although belated, justice had eventually prevailed.
The facts of the case were that on February 18, 2010, the accused person went to the radio station as a panel member in a radio discussion programme and, during the discussions, the host raised the issue of the recent fire outbreak at the residence of former President Rawlings.
The prosecution stated that the accused person, who was not present during the fire outbreak and without any truth, stated, among other things, that the former President had intentionally caused the fire outbreak to compel the President to relocate him.
According to the prosecution, the statement incensed the public and a sizeable number of people rushed to the radio station, ostensibly to attack the host and the panel members.
The police rushed to the scene to restore law and order and subsequently whisked the panel members away into safety.
It further stated that Baafi admitted the offence during interrogation at the Regional Police Headquarters.
'Ya-Na died from haemorrhage, shock'
October 14, 2010 (Page 3 Lead)
A PATHOLOGIST at the 37 Military Hospital yesterday told the Accra Fast Track High Court that the late Overlord of Dagbon, Ya-Na Yakubu Andani II, died as a result of haemorrhage shock and decapitation.
Brigadier-General J. M. Wadhwani said the Ya-Na’s body, which was badly mutilated, suffered from third degree burns while his skin and chest were charred.
The witness, who showed pictures of the charred body to the court hearing the case of 15 persons accused of playing various roles that resulted in the death of the Ya-Na and a number of elders, said the base of the Ya-Na’s neck was burnt while his limbs were cut off.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Led by a Chief State Attorney, Mr Rexford Owiredu, to give his evidence-in-chief, the pathologist told the court that he was tasked to perform an autopsy on the body of the Ya-Na and 28 others on March 29 and 30, 2002.
According to the witness, the burning of the Ya-Na’s body, which was quite extensive, appeared to have occurred after he died.
The pathologist told the court that his findings led him to conclude that the Ya-Na died as a result of the severance of his head.
He told the court that he issued a report after the autopsy on the Ya-Na and the 28 others but issued an additional report a year later after he was invited to testify on the Republic versus Yidana Sugri case.
During cross-examination from Mr Philip Addison, the lead counsel for the accused persons, the pathologist admitted he testified before the Wuaku Commission but did not submit the second autopsy report which touched on only the Ya-Na to the Commission.
He explained that he prepared that report solely for the trial of Yidani Sugri and another in connection with the murder of the Ya-Na.
Asked who identified the body of the Ya-Na, which he (the pathologist) had in the past referred to as the charred remains of a male body, the witness said the then head of the Tamale Government Hospital, Dr Bernard Seshie, identified the Ya-Na as the Overlord of Dagbon.
Asked whether he found the identification sufficient, the pathologist answered in the affirmative and explained that there was only one decapitated body at the time of the autopsy and information reaching him at the time indicated that the Ya-Na had been killed.
Counsel read excerpts from the Wuaku Commission’s report in which Dr Wadhwani appeared as the 40th witness and informed the Commission that he could not tell if the Ya-Na’s body was the charred body he performed autopsy on.
The pathologist was also quoted in the Commission’s report, which is currently in evidence as exhibit, that he could not rely on comments and hearsay from colleagues, adding that he would simply say the charred body was among the dead bodies he was tasked to perform autopsy on.
The pathologist denied a suggestion from the defence counsel that he had altered the autopsy report and that it was also unnecessary to perform a DNA test on the remains of the Ya-Na when he had positively been identified.
Mr Owiredu is expected to re-examine the witness on aspects of his testimony at the trial of Yidani Sugri today.
A PATHOLOGIST at the 37 Military Hospital yesterday told the Accra Fast Track High Court that the late Overlord of Dagbon, Ya-Na Yakubu Andani II, died as a result of haemorrhage shock and decapitation.
Brigadier-General J. M. Wadhwani said the Ya-Na’s body, which was badly mutilated, suffered from third degree burns while his skin and chest were charred.
The witness, who showed pictures of the charred body to the court hearing the case of 15 persons accused of playing various roles that resulted in the death of the Ya-Na and a number of elders, said the base of the Ya-Na’s neck was burnt while his limbs were cut off.
Those standing trial are Iddrisu Iddi, alias Mbadugu; Alhaji Baba Abdulai, alias Zohe; Kwame Alhassan, alias Achiri; Mohammed Abdulai, alias Samasama; Sayibu Mohammed; Alhassan Braima and Zakaria Yakubu, alias Zakaria Forest, who is currently on the run.
The rest are Mohammed Habib Tijani, the former District Chief Executive of Yendi; Baba Ibrahim, alias Baba Zey; Alhassan Mohammed, alias Mohammed Cheampon; Mohammed Mustapha; Shani Imoro; Yakubu Yusif, alias Leftee; Hammed Abukari Yussif and Abdul Razak Yussif, alias Nyaa Dagbani.
All the accused persons, except Zakaria Yakubu, have been charged with conspiracy to murder and have pleaded not guilty to the charge. Zakaria has been charged with murder.
Led by a Chief State Attorney, Mr Rexford Owiredu, to give his evidence-in-chief, the pathologist told the court that he was tasked to perform an autopsy on the body of the Ya-Na and 28 others on March 29 and 30, 2002.
According to the witness, the burning of the Ya-Na’s body, which was quite extensive, appeared to have occurred after he died.
The pathologist told the court that his findings led him to conclude that the Ya-Na died as a result of the severance of his head.
He told the court that he issued a report after the autopsy on the Ya-Na and the 28 others but issued an additional report a year later after he was invited to testify on the Republic versus Yidana Sugri case.
During cross-examination from Mr Philip Addison, the lead counsel for the accused persons, the pathologist admitted he testified before the Wuaku Commission but did not submit the second autopsy report which touched on only the Ya-Na to the Commission.
He explained that he prepared that report solely for the trial of Yidani Sugri and another in connection with the murder of the Ya-Na.
Asked who identified the body of the Ya-Na, which he (the pathologist) had in the past referred to as the charred remains of a male body, the witness said the then head of the Tamale Government Hospital, Dr Bernard Seshie, identified the Ya-Na as the Overlord of Dagbon.
Asked whether he found the identification sufficient, the pathologist answered in the affirmative and explained that there was only one decapitated body at the time of the autopsy and information reaching him at the time indicated that the Ya-Na had been killed.
Counsel read excerpts from the Wuaku Commission’s report in which Dr Wadhwani appeared as the 40th witness and informed the Commission that he could not tell if the Ya-Na’s body was the charred body he performed autopsy on.
The pathologist was also quoted in the Commission’s report, which is currently in evidence as exhibit, that he could not rely on comments and hearsay from colleagues, adding that he would simply say the charred body was among the dead bodies he was tasked to perform autopsy on.
The pathologist denied a suggestion from the defence counsel that he had altered the autopsy report and that it was also unnecessary to perform a DNA test on the remains of the Ya-Na when he had positively been identified.
Mr Owiredu is expected to re-examine the witness on aspects of his testimony at the trial of Yidani Sugri today.
Accused didn't comply with procurement procedures
October 14, 2010 (Page 51)
A Deputy Minister of Information on Tuesday told the Accra Fast Track High Court that it was impossible to annul or ratify proceedings that resulted in the award of GH¢86,915.85 contract for renovation works at the ministry because there was no record of proceedings in the first place.
Testifying in the case in which a former Minister of Information, Stephen Asamoah-Boateng, together with eight others, is standing trial, Mr Samuel Okudzeto Ablakwa said the accused persons did not comply with procurement procedures to warrant any ratification or annulment.
He said there were no records of meetings an minutes while members of the ministry’s procurement unit were not privy to meetings, if any, before the award of the contract.
Asamoah-Boateng and his wife Zuleika are standing trial with Frank Agyekum, a former Deputy Minister at the ministry, 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 and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity, charged with contravening the Procurement Act.
They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Answering questions under cross-examination, the Deputy Minister said it was also not legally prudent to annul any contract because Supreme Procurement Agency Limited was making demands for payment of renovation works it carried out.
He said members of the procurement board at the ministry said they were neither present nor privy to any meetings held in connection with the award of contract for renovation works.
Mr Ablakwa admitted that GH¢36,000 was spent on renovation works in his office, which was gutted by fire but disagreed with the defence counsel that the amount was on the high side because he said the works on his office were more extensive than those carried out by Supreme Procurement Agency Limited.
There was near crossfire between defence lawyers and a Chief State Attorney, Mr Anthony Gyambiby, when the latter accused the defence lawyers of failing to cross-examine the witness after holding brief for their absentee colleagues.
Mr Gyambiby had stated that it was unfortunate for the defence lawyers to confidently hold their ‘chest out’ in holding brief for their absentee colleagues only to turn round when it got to the point where they were needed for cross-examination.
Replying, one of the defence lawyers, Mr Egbert Faibille, did not take kindly to Mr Gyambiby’s choice of words and reminded the prosecution that there had been countless times where accused persons had been whisked back to prison because state prosecutors were absent in court without any recourse.
The trial judge, Mr Justice Charles Quist, urged the defence lawyers present to communicate the next adjourned date to their absentee colleagues to enable them to cross-examine the witness.
Hearing continues on October 19, 2010.
A Deputy Minister of Information on Tuesday told the Accra Fast Track High Court that it was impossible to annul or ratify proceedings that resulted in the award of GH¢86,915.85 contract for renovation works at the ministry because there was no record of proceedings in the first place.
Testifying in the case in which a former Minister of Information, Stephen Asamoah-Boateng, together with eight others, is standing trial, Mr Samuel Okudzeto Ablakwa said the accused persons did not comply with procurement procedures to warrant any ratification or annulment.
He said there were no records of meetings an minutes while members of the ministry’s procurement unit were not privy to meetings, if any, before the award of the contract.
Asamoah-Boateng and his wife Zuleika are standing trial with Frank Agyekum, a former Deputy Minister at the ministry, 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 and Prosper Aku of Supreme Procurement Agency Ltd, as well as the company as an entity, charged with contravening the Procurement Act.
They are alleged to have conspired to contravene the Procurement Act by not following the due process in obtaining a contract amounting to GH¢86,915.85 for renovation works at the Ministry of Information.
Sampong is facing six counts of conspiracy, contravention of the Procurement Act, attempt to defraud, altering documents and deceit of public officer, while Agyekum has been charged with conspiracy, contravention of provision, attempt to defraud and deceit of public officer.
Domua, a manageress and cousin of Zuleika’s, is charged with conspiracy to commit crime, after which she was granted a GH¢10,000 bail with two sureties.
Kofi Asamoah-Boateng faces six counts of forgery of official document, possession of forged documents and forgery and possession of false document, while Denkyira faces a charge of conspiracy.
Prosper has also been charged with four counts of possession and forgery of document of architects, an engineering certificate and a false tender document.
All the accused persons have pleaded not guilty to the charges and have all been admitted to bail.
Answering questions under cross-examination, the Deputy Minister said it was also not legally prudent to annul any contract because Supreme Procurement Agency Limited was making demands for payment of renovation works it carried out.
He said members of the procurement board at the ministry said they were neither present nor privy to any meetings held in connection with the award of contract for renovation works.
Mr Ablakwa admitted that GH¢36,000 was spent on renovation works in his office, which was gutted by fire but disagreed with the defence counsel that the amount was on the high side because he said the works on his office were more extensive than those carried out by Supreme Procurement Agency Limited.
There was near crossfire between defence lawyers and a Chief State Attorney, Mr Anthony Gyambiby, when the latter accused the defence lawyers of failing to cross-examine the witness after holding brief for their absentee colleagues.
Mr Gyambiby had stated that it was unfortunate for the defence lawyers to confidently hold their ‘chest out’ in holding brief for their absentee colleagues only to turn round when it got to the point where they were needed for cross-examination.
Replying, one of the defence lawyers, Mr Egbert Faibille, did not take kindly to Mr Gyambiby’s choice of words and reminded the prosecution that there had been countless times where accused persons had been whisked back to prison because state prosecutors were absent in court without any recourse.
The trial judge, Mr Justice Charles Quist, urged the defence lawyers present to communicate the next adjourned date to their absentee colleagues to enable them to cross-examine the witness.
Hearing continues on October 19, 2010.
The Ghana International Airline case • Anane, Akoto Osei file appeal
October 12, 2010 (Page 3 Lead)
TWO persons accused of causing financial loss to the state regarding the sale of Ghana Airways and the operations of Ghana International Airline (GIA) have filed an appeal against a Fast Track High Court’s refusal to refer their request for relevant documents on the case to the Supreme Court for interpretation.
Lawyers for Dr Richard Anane, a former Minister of Transport, and Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, filed the appeal against the Financial Division of the Fast Track High Court, which on July 16, 2010 refused to refer the matter to the Supreme Court on the grounds that the issues raised by the accused persons did not border on the Constitution.
Those charged alongside the two are Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof. George Gyan-Baffour.
They variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
At the court’s sitting in Accra yesterday, counsel for Dr Anane, Dr Jacob Acquah-Sampson, told the court that the two accused persons had filed an appeal against the court’s decision.
He, therefore, prayed the court to stay proceedings to enable the accused persons to pursue their appeal at the Court of Appeal.
Opposing counsel’s application, the Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to hear the case because the accused persons had failed to state the specific date on which the appeal would be heard.
She said the accused persons could always go to the higher court to quash any decision taken by the lower court.
The trial judge, Mr Justice Bright Mensah, however, said the court’s attention had been drawn to the appeal and for that reason the court would adjourn the case to November 1, 2010.
The accused persons had requested for relevant documents to aid their defence, under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
But the State opposed the application on the grounds that sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) do not allow accused persons who are standing trial summarily to have access to such documents before they are tendered in evidence as exhibits.
Giving its ruling on July 16, 2010, the court upheld the state’s submissions and accordingly ordered the accused persons to present themselves for trial in his court.
TWO persons accused of causing financial loss to the state regarding the sale of Ghana Airways and the operations of Ghana International Airline (GIA) have filed an appeal against a Fast Track High Court’s refusal to refer their request for relevant documents on the case to the Supreme Court for interpretation.
Lawyers for Dr Richard Anane, a former Minister of Transport, and Dr Anthony Akoto Osei, a former Minister of State at the Ministry of Finance and Economic Planning, filed the appeal against the Financial Division of the Fast Track High Court, which on July 16, 2010 refused to refer the matter to the Supreme Court on the grounds that the issues raised by the accused persons did not border on the Constitution.
Those charged alongside the two are Kwadwo Mpiani, a former Chief of Staff and Minister for Presidential Affairs; Sammy Crabbe, a former Greater Accra Regional Chairman of the New Patriotic Party (NPP), and Prof. George Gyan-Baffour.
They variously face 22 counts of causing financial loss to the state, defrauding by false pretences, conspiracy to deceive public officers, deceit of public officer, misappropriation of public funds, opening an offshore account without authorisation from the Bank of Ghana (BoG), conspiracy to commit stealing and stealing.
They have pleaded not guilty to the charges and the court, presided over by Mr Justice Bright Mensah, has granted them self-recognisance bail.
At the court’s sitting in Accra yesterday, counsel for Dr Anane, Dr Jacob Acquah-Sampson, told the court that the two accused persons had filed an appeal against the court’s decision.
He, therefore, prayed the court to stay proceedings to enable the accused persons to pursue their appeal at the Court of Appeal.
Opposing counsel’s application, the Director of Public Prosecutions, Ms Gertrude Aikins, prayed the court to hear the case because the accused persons had failed to state the specific date on which the appeal would be heard.
She said the accused persons could always go to the higher court to quash any decision taken by the lower court.
The trial judge, Mr Justice Bright Mensah, however, said the court’s attention had been drawn to the appeal and for that reason the court would adjourn the case to November 1, 2010.
The accused persons had requested for relevant documents to aid their defence, under Article 19 (2e) of the 1992 Constitution, which states that “a person charged with criminal offence shall be given adequate time and facilities for the preparation of his defence”.
But the State opposed the application on the grounds that sections 163 and 181 of the Criminal Procedure Code of 1960 (Act 30) do not allow accused persons who are standing trial summarily to have access to such documents before they are tendered in evidence as exhibits.
Giving its ruling on July 16, 2010, the court upheld the state’s submissions and accordingly ordered the accused persons to present themselves for trial in his court.
Thursday, October 14, 2010
Bawku MP authenticates testimony
October 9, 2010 (Page 3)
THE Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, yesterday produced documents from the British Home Office to authenticate his testimony that he did not owe allegiance to any country but Ghana.
The MP, who has been accused of making a false declaration that he owed allegiance to only Ghana, told the Accra Fast Track High Court that the Home Office officially approved his application for renunciation of his British citizenship on September 20, 2008.
Sakande stated that he swore a statutory declaration that he owed allegiance to only Ghana in October 2008 before contesting the parliamentary seat in December 2008.
He stated that he could, therefore, not be accused of committing perjury or deceiving a public officer.
Subsequently, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office, which led to the eventual approval of his renunciation of his citizenship in September 2008.
The court had, on July 8, 2010, ordered the MP to open his defence on charges of false declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
Led by his counsel, Mr Yonny Kulendi, to give his evidence-in-chief, the MP further stated that he had never been a Burkinabe citizen to have warranted his renunciation of that citizenship.
He produced documents to prove his claim that he had only been issued a travel certificate by the Burkinabe authorities to enable him to travel to Europe after he had left Ghana for fear of his life during the 31st December, 1981 Revolution.
The MP informed the court that his solemn declaration that he was a Ghanaian was, therefore, the truth.
The documents tendered in evidence as exhibits included: Declaration of renunciation of British citizenship dated September 20, 2008; a letter to that effect from the British Home Office to lawyers of the accused person dated October 1, 2008; correspondence from lawyers of the MP on the requirements of renunciation of British citizenship dated August 17, 2007; a travel certificate from the Burkinabe authorities, correspondence between the UK and Ghana lawyers of the MP, among others.
According to the MP, in 2007, he directed his lawyers in the UK to hold on to the submission of his application for renunciation of his British citizenship until he had contested the parliamentary primary in his constituency and won, as well as done the ground work to ascertain whether or not he would win, before renouncing his citizenship and leaving his job and family for Ghana.
The court had, in the course of the MP’s testimony, overruled a series of objections raised by a Chief State Attorney, Mr Rexford Owiredu, to the tendering of the documents.
Mr Owiredu had argued that the documents were photocopies, while there was the need for him to cross-check with the British High Commission whether or not the letter from the Home Office was genuine.
In response, Mr Kulendi said his client’s lawyers in the UK had the original documents and would have tendered them in evidence if the court had not compelled the MP to open his defence on October 4, 2010.
The MP also explained that he had misplaced most of the original documents and for that reason he had to approach his lawyers in the UK to make copies of the documents for him.
Overruling the prosecution’s objection, the court held that the Evidence Decree allowed photocopies to be tendered in evidence so long as they had bearing on cases. It held the view that the prosecution could go ahead and check the authenticity or otherwise of the documents from the British High Commission after they had been tendered in evidence as exhibits.
The MP was, on July 31, 2009, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP.
The accused person has since ended his evidence-in-chief and Mr Owiredu is, therefore, expected to cross-examine the MP on October 15, 2010.
THE Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, yesterday produced documents from the British Home Office to authenticate his testimony that he did not owe allegiance to any country but Ghana.
The MP, who has been accused of making a false declaration that he owed allegiance to only Ghana, told the Accra Fast Track High Court that the Home Office officially approved his application for renunciation of his British citizenship on September 20, 2008.
Sakande stated that he swore a statutory declaration that he owed allegiance to only Ghana in October 2008 before contesting the parliamentary seat in December 2008.
He stated that he could, therefore, not be accused of committing perjury or deceiving a public officer.
Subsequently, the MP tendered in evidence documents which bordered on correspondence between his United Kingdom lawyers and the British Home Office, which led to the eventual approval of his renunciation of his citizenship in September 2008.
The court had, on July 8, 2010, ordered the MP to open his defence on charges of false declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
Led by his counsel, Mr Yonny Kulendi, to give his evidence-in-chief, the MP further stated that he had never been a Burkinabe citizen to have warranted his renunciation of that citizenship.
He produced documents to prove his claim that he had only been issued a travel certificate by the Burkinabe authorities to enable him to travel to Europe after he had left Ghana for fear of his life during the 31st December, 1981 Revolution.
The MP informed the court that his solemn declaration that he was a Ghanaian was, therefore, the truth.
The documents tendered in evidence as exhibits included: Declaration of renunciation of British citizenship dated September 20, 2008; a letter to that effect from the British Home Office to lawyers of the accused person dated October 1, 2008; correspondence from lawyers of the MP on the requirements of renunciation of British citizenship dated August 17, 2007; a travel certificate from the Burkinabe authorities, correspondence between the UK and Ghana lawyers of the MP, among others.
According to the MP, in 2007, he directed his lawyers in the UK to hold on to the submission of his application for renunciation of his British citizenship until he had contested the parliamentary primary in his constituency and won, as well as done the ground work to ascertain whether or not he would win, before renouncing his citizenship and leaving his job and family for Ghana.
The court had, in the course of the MP’s testimony, overruled a series of objections raised by a Chief State Attorney, Mr Rexford Owiredu, to the tendering of the documents.
Mr Owiredu had argued that the documents were photocopies, while there was the need for him to cross-check with the British High Commission whether or not the letter from the Home Office was genuine.
In response, Mr Kulendi said his client’s lawyers in the UK had the original documents and would have tendered them in evidence if the court had not compelled the MP to open his defence on October 4, 2010.
The MP also explained that he had misplaced most of the original documents and for that reason he had to approach his lawyers in the UK to make copies of the documents for him.
Overruling the prosecution’s objection, the court held that the Evidence Decree allowed photocopies to be tendered in evidence so long as they had bearing on cases. It held the view that the prosecution could go ahead and check the authenticity or otherwise of the documents from the British High Commission after they had been tendered in evidence as exhibits.
The MP was, on July 31, 2009, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP.
The accused person has since ended his evidence-in-chief and Mr Owiredu is, therefore, expected to cross-examine the MP on October 15, 2010.
Tuesday, October 5, 2010
Bawku MP compelled to open defence
Tuesday, October 5, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday compelled the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence in the case in which he has been accused of holding dual citizenship.
Counsel for the MP, Mr Egbert Faibille Jnr, had prayed the court to once again adjourn the matter to enable somebody he termed as a “star witness” who was currently out of the country to appear and testify on behalf of the MP on October 12, 2010.
However, the presiding judge, Mr Justice Charles Quist, held a different view and said nowhere in the High Court rules was a court obliged to hear a star witness before an accused person could speak.
According to the trial judge, the accused person had been offered six adjournments within a three-month period to enable him to call his witness.
The judge held that the court could not use further adjournments to forestall the case of the prosecution, adding that the MP was obliged to open his defence personally or by proxy.
It further ruled that the MP’s failure to open his defence would mean he was no longer interested in opening his defence.
Following the court’s order, the MP was sworn in to open his defence.
Led by Mr Faibille in his evidence-in-chief, Mr Sakande said he was a Ghanaian and, accordingly, denied charges that he owed allegiance to Britain.
According to the MP, he used to hold British citizenship but he denounced it before contesting for the Bawku Central parliamentary seat in December 2008.
He said the complainant in the case, Sumaila Biebel, was his cousin.
Hearing continues on Friday, October 8, 2010.
The Bawku Central MP was expected to open his defence on August 9, 2010 but his defence pleaded for time to allow the witness to appear before the court.
The court had, on July 8, 2010, ordered the MP to open his defence on charges of false declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution had been able to prove that the MP, in October 2008, made a false declaration, as well as committed perjury and deceived a public officer, when he swore an oath to the effect that he owed allegiance to no country other than Ghana, contrary to evidence that his British passport would expire in 2014.
The MP was, on July 31, 2009, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP.
THE Accra Fast Track High Court yesterday compelled the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence in the case in which he has been accused of holding dual citizenship.
Counsel for the MP, Mr Egbert Faibille Jnr, had prayed the court to once again adjourn the matter to enable somebody he termed as a “star witness” who was currently out of the country to appear and testify on behalf of the MP on October 12, 2010.
However, the presiding judge, Mr Justice Charles Quist, held a different view and said nowhere in the High Court rules was a court obliged to hear a star witness before an accused person could speak.
According to the trial judge, the accused person had been offered six adjournments within a three-month period to enable him to call his witness.
The judge held that the court could not use further adjournments to forestall the case of the prosecution, adding that the MP was obliged to open his defence personally or by proxy.
It further ruled that the MP’s failure to open his defence would mean he was no longer interested in opening his defence.
Following the court’s order, the MP was sworn in to open his defence.
Led by Mr Faibille in his evidence-in-chief, Mr Sakande said he was a Ghanaian and, accordingly, denied charges that he owed allegiance to Britain.
According to the MP, he used to hold British citizenship but he denounced it before contesting for the Bawku Central parliamentary seat in December 2008.
He said the complainant in the case, Sumaila Biebel, was his cousin.
Hearing continues on Friday, October 8, 2010.
The Bawku Central MP was expected to open his defence on August 9, 2010 but his defence pleaded for time to allow the witness to appear before the court.
The court had, on July 8, 2010, ordered the MP to open his defence on charges of false declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution had been able to prove that the MP, in October 2008, made a false declaration, as well as committed perjury and deceived a public officer, when he swore an oath to the effect that he owed allegiance to no country other than Ghana, contrary to evidence that his British passport would expire in 2014.
The MP was, on July 31, 2009, arraigned before the Accra Fast Track High Court, charged with nine counts relating to his nationality, perjury, forgery of passport, election fraud and deceiving public officers to be elected as an MP.
The Ya-Na murder trial - Witness identifies 5 accused persons
Tuesday, October 5, 2010 (Page 3)
A Sixth prosecution witness in the Ya-Na murder trial yesterday identified five persons accused of playing various roles leading to the death of the Overlord of Dagbon, Ya-Na Yakubu Andani II, and a number of his elders in March, 2002.
Iddrisu Muthawakil told the Accra Fast Track High Court that the accused persons, namely the former District Chief Executive of Yendi, Alhaji Mohammed Habib Tijani, Alhassan Braimah, Iddrisu Iddi, Mahamadu Abdulai, alias Samasama, Mohammed Mustapha and Abdul Razak Yussif, aka Nyaa, were among those who played various roles which led to the death of the Ya-Na and some of his elders, as well as the destruction of houses in Yendi.
Other accused persons in the case are Alhaji Baba Abdulai Iddrisu, aka Zohe, Kwame Alhassan, aka Achiri, and Sayibu Mohammed.
The rest are Alhassan Mohammed, alias Mohammed Cheampon, Abukari Nabeli, aka Kunkakums or Kooms, Mohammed Mustapha, Yakubu Yusif, aka Leftee, and Shani Imoro.
They have pleaded not guilty to one count of conspiracy to murder the Ya- Na, while another person, Zakaria Yakubu, now at large, is facing one count of murder of the Ya-Na.
Led by a Principal State Attorney, Mr Solomon Atadzi, to give his evidence-in-chief, the witness told the court that the former DCE sat on a motorbike and led an armoured car to the Bolin Lana's palace and not long after, armed Abudus began shooting and moving towards the late Ya-Na's palace.
He said he also saw Mohamadu Abdulai, aka Samasama, and Yussif drag the Ya-Na's body and put it at a spot.
The witness, who said he also sustained gunshot wounds in the neck and suffered police brutalities when he sought refuge, said Iddi was among the people who shot at the Ya-Na's palace while Mustapha burnt houses around the palace.
Muthawakil said an anonymous caller called the Ya-Na's palace around 6 p.m. on March 27, 2010 and warned that the Ya-Na's palace faced imminent attack if its inhabitants did not evacuate.
However, according to the witness, it was too late because immediately the caller hung up one Zakaria, who was not among the accused persons, entered the palace and began burning rooms.
During cross-examination from lead counsel for the accused persons, Mr Philip Addison, the witness told the court that his evidence to the court was not an afterthought because, as he put it, the Wuaku Commission did not capture most of his evidence.
He also admitted that the palace attendant and other persons fired back at the Abudus when they attacked the Ya-Na’s palace.
The witness said although the other prosecution witnesses did not state that they saw the former DCE on a motorbike leading the armoured vehicle, he did.
Counsel disagreed and said the records at the Wuaku Commission did not correspond with his evidence-in-chief but the witness insisted that the Commission omitted aspects of his evidence.
Hearing continues today.
A Sixth prosecution witness in the Ya-Na murder trial yesterday identified five persons accused of playing various roles leading to the death of the Overlord of Dagbon, Ya-Na Yakubu Andani II, and a number of his elders in March, 2002.
Iddrisu Muthawakil told the Accra Fast Track High Court that the accused persons, namely the former District Chief Executive of Yendi, Alhaji Mohammed Habib Tijani, Alhassan Braimah, Iddrisu Iddi, Mahamadu Abdulai, alias Samasama, Mohammed Mustapha and Abdul Razak Yussif, aka Nyaa, were among those who played various roles which led to the death of the Ya-Na and some of his elders, as well as the destruction of houses in Yendi.
Other accused persons in the case are Alhaji Baba Abdulai Iddrisu, aka Zohe, Kwame Alhassan, aka Achiri, and Sayibu Mohammed.
The rest are Alhassan Mohammed, alias Mohammed Cheampon, Abukari Nabeli, aka Kunkakums or Kooms, Mohammed Mustapha, Yakubu Yusif, aka Leftee, and Shani Imoro.
They have pleaded not guilty to one count of conspiracy to murder the Ya- Na, while another person, Zakaria Yakubu, now at large, is facing one count of murder of the Ya-Na.
Led by a Principal State Attorney, Mr Solomon Atadzi, to give his evidence-in-chief, the witness told the court that the former DCE sat on a motorbike and led an armoured car to the Bolin Lana's palace and not long after, armed Abudus began shooting and moving towards the late Ya-Na's palace.
He said he also saw Mohamadu Abdulai, aka Samasama, and Yussif drag the Ya-Na's body and put it at a spot.
The witness, who said he also sustained gunshot wounds in the neck and suffered police brutalities when he sought refuge, said Iddi was among the people who shot at the Ya-Na's palace while Mustapha burnt houses around the palace.
Muthawakil said an anonymous caller called the Ya-Na's palace around 6 p.m. on March 27, 2010 and warned that the Ya-Na's palace faced imminent attack if its inhabitants did not evacuate.
However, according to the witness, it was too late because immediately the caller hung up one Zakaria, who was not among the accused persons, entered the palace and began burning rooms.
During cross-examination from lead counsel for the accused persons, Mr Philip Addison, the witness told the court that his evidence to the court was not an afterthought because, as he put it, the Wuaku Commission did not capture most of his evidence.
He also admitted that the palace attendant and other persons fired back at the Abudus when they attacked the Ya-Na’s palace.
The witness said although the other prosecution witnesses did not state that they saw the former DCE on a motorbike leading the armoured vehicle, he did.
Counsel disagreed and said the records at the Wuaku Commission did not correspond with his evidence-in-chief but the witness insisted that the Commission omitted aspects of his evidence.
Hearing continues today.
Friday, October 1, 2010
Criticisms of the Judiciary were mischievous - CJ
Friday, October 1, 2010 (Page 3 Lead)
THE Chief Justice, Mrs Justice Georgina T. Wood, yesterday broke her silence on recent comments against her leadership and rejected what she termed mischievous criticisms seeking to undermine the hard won reputation of the judiciary.
“The law does not frown upon fair criticism. What the law deprecates is mischief, imputing improper and dishonourable motives”, Mrs Justice Wood stated.
Giving the keynote address at the annual general meeting of the Association of Magistrates and Judges of Ghana (AMJG) and in apparent reaction to statements made by the Chairman of the National Democratic Congress (NDC), which stated among others that steps would be taken to cleanse the judiciary if the Chief Justice did not do the cleansing herself, the Chief Justice said, “we reject all such mischievous criticisms that seek to undermine our integrity and hard won reputation”.
Consequently, in what seemed to be a message of assurance to the magistrates and judges, Mrs Justice Wood said, “it is my duty as the captain of the judicial ship to touch on the subject. I also assume that you expect me to say something on the subject only if to calm any anxiety which may be troubling your minds because of recent outpourings on our sacred duty as judges”.
She accordingly urged the magistrates and judges to “go forth and do right to all, without fear or favour and equally important, having regard to the events of the recent past, do so without ill-will or disaffection.”
She further explained that judges did not initiate actions and prosecutions, adding that “we simply administer the law as passed by Parliament to the cases and arguments thereon by counsel representing parties.”
According to her, judges could not organise press conferences to explain every decision they took, adding that “so when we are misrepresented, it hurts and does so unfairly indeed”.
The Chief Justice, who received a thunderous applause and a standing ovation from the parked auditorium, pleaded with the judges and magistrates to resolve to build a country where constitutionalism, the rule of law, freedom, justice and prosperity would prevail at all times.
Mrs Justice Wood promised Ghanaians that the judiciary would remain faithful to its judicial oath to do justice to all without fear or favour.
She thanked the entire membership of the AMJG and public-spirited Ghanaians for their unflinching support during the past few weeks when the judiciary came under what she termed as “severe criticism and attack”.
Touching on the issue of perceived corruption in the judiciary, the Chief Justice urged litigants and the general public to assist her outfit to weed out bad lots tarnishing the image of the majority of upright and hardworking judges.
She further stated that she had chosen the theme: “Access to Justice: The Citizens’ Participation in the Administration of Justice”, and reminded Ghanaians that the theme implied they had a sacred responsibility to help build a strong and trustworthy judiciary.
Mrs Justice Wood announced that President J. E. A. Mills had held a meeting with her on the conditions of service and provision of infrastructure for the judiciary and gave the assurance that steps were being taken to further improve conditions of service.
She also announced that the tender process for the award of a contract for the 34 courtroom complex in Accra would be completed in the next couple of weeks to pave the way for the project.
The Chief Justice announced that the Justice For All Programme was currently ongoing to rid the prisons of remand prisoners and, therefore, urged judges to assist in decongesting the prisons by critically reviewing evidence before them before remanding persons over bailable offences.
The President of AMJG, Mr Justice J. B. Akamba, commended the President for dissociating himself and his government from the unfortunate remarks of the national chairman of the NDC.
He said to reinforce the independence, accountability, integrity, impartiality and effectiveness of the judiciary, “the judiciary has stood alone, must stand alone and should continue to stand alone without any interference or paying any allegiance to any political party in the country”.
Mr Justice Akamba stated that judicial integrity was the only means by which public trust could be earned.
He also condemned recent attacks on the judiciary and stated that the judiciary must be allowed to carry out its work without any threat.
THE Chief Justice, Mrs Justice Georgina T. Wood, yesterday broke her silence on recent comments against her leadership and rejected what she termed mischievous criticisms seeking to undermine the hard won reputation of the judiciary.
“The law does not frown upon fair criticism. What the law deprecates is mischief, imputing improper and dishonourable motives”, Mrs Justice Wood stated.
Giving the keynote address at the annual general meeting of the Association of Magistrates and Judges of Ghana (AMJG) and in apparent reaction to statements made by the Chairman of the National Democratic Congress (NDC), which stated among others that steps would be taken to cleanse the judiciary if the Chief Justice did not do the cleansing herself, the Chief Justice said, “we reject all such mischievous criticisms that seek to undermine our integrity and hard won reputation”.
Consequently, in what seemed to be a message of assurance to the magistrates and judges, Mrs Justice Wood said, “it is my duty as the captain of the judicial ship to touch on the subject. I also assume that you expect me to say something on the subject only if to calm any anxiety which may be troubling your minds because of recent outpourings on our sacred duty as judges”.
She accordingly urged the magistrates and judges to “go forth and do right to all, without fear or favour and equally important, having regard to the events of the recent past, do so without ill-will or disaffection.”
She further explained that judges did not initiate actions and prosecutions, adding that “we simply administer the law as passed by Parliament to the cases and arguments thereon by counsel representing parties.”
According to her, judges could not organise press conferences to explain every decision they took, adding that “so when we are misrepresented, it hurts and does so unfairly indeed”.
The Chief Justice, who received a thunderous applause and a standing ovation from the parked auditorium, pleaded with the judges and magistrates to resolve to build a country where constitutionalism, the rule of law, freedom, justice and prosperity would prevail at all times.
Mrs Justice Wood promised Ghanaians that the judiciary would remain faithful to its judicial oath to do justice to all without fear or favour.
She thanked the entire membership of the AMJG and public-spirited Ghanaians for their unflinching support during the past few weeks when the judiciary came under what she termed as “severe criticism and attack”.
Touching on the issue of perceived corruption in the judiciary, the Chief Justice urged litigants and the general public to assist her outfit to weed out bad lots tarnishing the image of the majority of upright and hardworking judges.
She further stated that she had chosen the theme: “Access to Justice: The Citizens’ Participation in the Administration of Justice”, and reminded Ghanaians that the theme implied they had a sacred responsibility to help build a strong and trustworthy judiciary.
Mrs Justice Wood announced that President J. E. A. Mills had held a meeting with her on the conditions of service and provision of infrastructure for the judiciary and gave the assurance that steps were being taken to further improve conditions of service.
She also announced that the tender process for the award of a contract for the 34 courtroom complex in Accra would be completed in the next couple of weeks to pave the way for the project.
The Chief Justice announced that the Justice For All Programme was currently ongoing to rid the prisons of remand prisoners and, therefore, urged judges to assist in decongesting the prisons by critically reviewing evidence before them before remanding persons over bailable offences.
The President of AMJG, Mr Justice J. B. Akamba, commended the President for dissociating himself and his government from the unfortunate remarks of the national chairman of the NDC.
He said to reinforce the independence, accountability, integrity, impartiality and effectiveness of the judiciary, “the judiciary has stood alone, must stand alone and should continue to stand alone without any interference or paying any allegiance to any political party in the country”.
Mr Justice Akamba stated that judicial integrity was the only means by which public trust could be earned.
He also condemned recent attacks on the judiciary and stated that the judiciary must be allowed to carry out its work without any threat.
Wednesday, August 25, 2010
I wont apologise to judge - Odro
Wednesday, August 25, 2010 (Front Page)
THE Deputy Attorney-General, Mr Ebo Barton-Odro, says under no circumstance will he apologise to Mr Justice Anthony Oppong, a High Court judge who accused him of calling him a drunkard.
“His demand that I apologise is completely out of place,” Mr Barton-Odro stated, and questioned, “Is it not strange for him to demand an apology after recusing himself from the case?”
“I would not render any apology. Not today, not tomorrow. Never. His swipe at me and lawyers at the Attorney-General’s Department was most unfortunate and unbecoming of a judge,” Mr Barton-Odro stated in an interview with the Daily Graphic.
Responding to the judge’s demand for an apology and a retraction of his claims that there was the possibility of bias on his part in the case in which 14 suspects were before him for the murder of the late overlord of Dagbon, Mr Barton-Odro said nowhere did he state that Mr Justice Oppong was a drunk.
“I am challenging him (Justice Oppong) to produce a recording of my alleged radio interviews in which I accused him of being a drunk,” Mr Barton-Odro threw back the challenge at the judge who had on Monday recused himself and dared the Deputy Attorney-General to substantiate claims that he the trial judge was a drunk.
Mr Barton-Odro explained that he granted radio interviews on the matter and in one or two of the interviews he was asked under what circumstance a lawyer would ask a trial judge to recuse himself on the basis of bias to which he expounded that a lawyer could do that if he found the trial judge having a drink with an opponent in a case.
On Monday, Mr Justice Oppong took a swipe at the Deputy Attorney-General and his outfit and said he felt unsafe in handling the case in view of what was happening in the country in respect of allegations of bias, particularly threats from the ruling National Democratic Congress (NDC) Chairman, Dr Kwabena Adjei.
He then urged the Chief Justice to transfer the matter from his court.
However, Mr Barton-Odro stated that there was no point for Mr Justice Oppong to feel unsafe because nobody was after his life and for that reason “there was no need for him to make such loose statements”.
Defending lawyers at the A-G’s office, Mr Barton-Odro said the lawyers were not stooges but professionals who knew how to go about their work with competence and due diligence.
According to Mr Barton-Odro, his claims that the trial judge sat at the Airforce Officers Mess in Takoradi to make prejudicial statements on the Ya-Na case was factual and not shameful as Mr Justice Oppong wanted the public to believe.
He said Mr Justice Oppong should have stayed on and challenged him to produce evidence to the effect that the judge had made prejudicial statements and if in the process he was not able to prove those allegations then the trial judge could go ahead and demand an apology.
Under the circumstance, the Deputy Attorney-General said it was very weird for Mr Justice Oppong to rush and recuse himself only to turn around and demand an apology.
The Deputy Minister of Justice also stated that there was no point for him to produce evidence to his claims because the trial judge had already recused himself from the case.
“If he had stayed on and challenged me to produce evidence to my claims, the battle lines would then have been drawn,” Mr Barton-Odro pointed out.
According to Mr Barton-Odro, it was most unfortunate for Mr Justice Oppong to conclude that because he had not received a copy of the motion paper which was challenging his neutrality, the A-G’s department had not filed that paper.
He said the paper was filed last Friday and all that the trial judge should have done as part of normal legal practice was to demand for a copy of the application and if at that point the A-G’s office was not able to produce any document to prove that the paper had been filed then he (the judge) could go ahead and state what was on his mind.
In the substantive matter, the 14 accused persons are on remand awaiting the Chief Justice to appoint another judge to hear their case.
On June 28, 2010, six of them, Alhaji Baba Abdulai Iddrisu, aka Zohe, Kwame Alhassan, aka Achiri, Mohamadu Abdulai, aka Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, a former District Chief Executive (DCE) for Yendi during the New Patriotic Party (NPP) regime, were indicted at the Adjabeng Magistrate’s Court in Accra.
Iddrisu Iddi, who was on admission at the Police Hospital in Accra at the last adjourned date, later appeared in court and was also committed to the High Court for trial.
And on July 15, 2010, the rest of the suspects were also committed for trial at the Accra High Court by the Adjabeng Magistrate’s Court, presided over by Ms Patricia Quansah.
They included Alhassan Mohammed, alias Mohammed Cheampon, Abukari Nabeli, aka Kunkakums or Kooms, Mohammed Mustapha, Yakubu Yusif, aka Leftee, Abdul Razak Yussif, aka Nyaa, and Shani Imoro.
The prosecution has stated that evidence would be led to show that Nabeli, who had held two used lorry tyres at the time of the incident, put them on the body of the Ya-Na, while Mustapha held a gallon of petrol on the body to set it ablaze.
It said Yusif had also held a gun by the body and that Yakubu had been seen with a chainsaw machine.
Abdul Yussif, the prosecution stated, had also been seen holding a camera and taking pictures of the scene and that after all that, another group of men, including the suspects, led by Iddi, had drummed, sung and danced around the burning body.
According to the prosecution, evidence would be led to prove that the accused persons played various roles which resulted in the death of the Ya-Na and 30 of his elders on March 27, 2002.
THE Deputy Attorney-General, Mr Ebo Barton-Odro, says under no circumstance will he apologise to Mr Justice Anthony Oppong, a High Court judge who accused him of calling him a drunkard.
“His demand that I apologise is completely out of place,” Mr Barton-Odro stated, and questioned, “Is it not strange for him to demand an apology after recusing himself from the case?”
“I would not render any apology. Not today, not tomorrow. Never. His swipe at me and lawyers at the Attorney-General’s Department was most unfortunate and unbecoming of a judge,” Mr Barton-Odro stated in an interview with the Daily Graphic.
Responding to the judge’s demand for an apology and a retraction of his claims that there was the possibility of bias on his part in the case in which 14 suspects were before him for the murder of the late overlord of Dagbon, Mr Barton-Odro said nowhere did he state that Mr Justice Oppong was a drunk.
“I am challenging him (Justice Oppong) to produce a recording of my alleged radio interviews in which I accused him of being a drunk,” Mr Barton-Odro threw back the challenge at the judge who had on Monday recused himself and dared the Deputy Attorney-General to substantiate claims that he the trial judge was a drunk.
Mr Barton-Odro explained that he granted radio interviews on the matter and in one or two of the interviews he was asked under what circumstance a lawyer would ask a trial judge to recuse himself on the basis of bias to which he expounded that a lawyer could do that if he found the trial judge having a drink with an opponent in a case.
On Monday, Mr Justice Oppong took a swipe at the Deputy Attorney-General and his outfit and said he felt unsafe in handling the case in view of what was happening in the country in respect of allegations of bias, particularly threats from the ruling National Democratic Congress (NDC) Chairman, Dr Kwabena Adjei.
He then urged the Chief Justice to transfer the matter from his court.
However, Mr Barton-Odro stated that there was no point for Mr Justice Oppong to feel unsafe because nobody was after his life and for that reason “there was no need for him to make such loose statements”.
Defending lawyers at the A-G’s office, Mr Barton-Odro said the lawyers were not stooges but professionals who knew how to go about their work with competence and due diligence.
According to Mr Barton-Odro, his claims that the trial judge sat at the Airforce Officers Mess in Takoradi to make prejudicial statements on the Ya-Na case was factual and not shameful as Mr Justice Oppong wanted the public to believe.
He said Mr Justice Oppong should have stayed on and challenged him to produce evidence to the effect that the judge had made prejudicial statements and if in the process he was not able to prove those allegations then the trial judge could go ahead and demand an apology.
Under the circumstance, the Deputy Attorney-General said it was very weird for Mr Justice Oppong to rush and recuse himself only to turn around and demand an apology.
The Deputy Minister of Justice also stated that there was no point for him to produce evidence to his claims because the trial judge had already recused himself from the case.
“If he had stayed on and challenged me to produce evidence to my claims, the battle lines would then have been drawn,” Mr Barton-Odro pointed out.
According to Mr Barton-Odro, it was most unfortunate for Mr Justice Oppong to conclude that because he had not received a copy of the motion paper which was challenging his neutrality, the A-G’s department had not filed that paper.
He said the paper was filed last Friday and all that the trial judge should have done as part of normal legal practice was to demand for a copy of the application and if at that point the A-G’s office was not able to produce any document to prove that the paper had been filed then he (the judge) could go ahead and state what was on his mind.
In the substantive matter, the 14 accused persons are on remand awaiting the Chief Justice to appoint another judge to hear their case.
On June 28, 2010, six of them, Alhaji Baba Abdulai Iddrisu, aka Zohe, Kwame Alhassan, aka Achiri, Mohamadu Abdulai, aka Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, a former District Chief Executive (DCE) for Yendi during the New Patriotic Party (NPP) regime, were indicted at the Adjabeng Magistrate’s Court in Accra.
Iddrisu Iddi, who was on admission at the Police Hospital in Accra at the last adjourned date, later appeared in court and was also committed to the High Court for trial.
And on July 15, 2010, the rest of the suspects were also committed for trial at the Accra High Court by the Adjabeng Magistrate’s Court, presided over by Ms Patricia Quansah.
They included Alhassan Mohammed, alias Mohammed Cheampon, Abukari Nabeli, aka Kunkakums or Kooms, Mohammed Mustapha, Yakubu Yusif, aka Leftee, Abdul Razak Yussif, aka Nyaa, and Shani Imoro.
The prosecution has stated that evidence would be led to show that Nabeli, who had held two used lorry tyres at the time of the incident, put them on the body of the Ya-Na, while Mustapha held a gallon of petrol on the body to set it ablaze.
It said Yusif had also held a gun by the body and that Yakubu had been seen with a chainsaw machine.
Abdul Yussif, the prosecution stated, had also been seen holding a camera and taking pictures of the scene and that after all that, another group of men, including the suspects, led by Iddi, had drummed, sung and danced around the burning body.
According to the prosecution, evidence would be led to prove that the accused persons played various roles which resulted in the death of the Ya-Na and 30 of his elders on March 27, 2002.
Months of oil stand-off now over - KOSMOS MAKES U-TURN • Terminates sales, purchase accord with Exxonmobil
August 19, 2010 (Lead Story)
AFTER months of a "silent stand-off" between Kosmos Energy and the government over the proposed sale of a $4 billion stake in the Jubilee oilfields to Exxonmobil, Kosmos yesterday announced the termination of the relevant sale and purchase agreement.
It appears Kosmos Energy's stake in the Jubilee oilfields is now open to any company which is interested in the purchase of the oilfields should Kosmos Energy put up the oilfields for sale again.
By a letter dated August 17, 2010 and addressed to the Minister of Energy, the President and Chief Operating Officer of Kosmos Energy, Mr Brian F. Maxted, said “Kosmos Energy Ghana HC (”KEG”) wishes to advise that the sale and Purchase Agreement between KEG, Kosmos Energy Operating and ExxonMobil Exploration and Production Ghana Limited, dated June 28, 2010, has been terminated.”
Another letter dated August 18, 2010 and signed by the Corporate Affairs Manager, Kosmos Energy, Ghana Limited, Mr George Sarpong, said, "Kosmos Energy announces that the agreement with Exxonmobil related to the acquisition of our Ghana business has been terminated. As operator of West Cape Three Points Block, we will continue to work with our block partners and the government of Ghana to develop the Mahogany East and Odum discoveries."
Mr Sarpong’s statement went on to state that the first oil from the Jubilee fields phase one development was fast approaching and the company looked forward to a fruitful and long-term relationship with Ghana.
But when reached by Graphic for further comments, Mr Sarpong declined to state the reason for the termination of the agreement, pointing out that what was important was that Kosmos Energy was looking forward to a fruitful relationship with the government and its partners in the Jubilee oilfields.
Kosmos entered into the sale and purchase agreement with Exxonmobil in June 2010 before seeking the government's ratification. But the government declined on the grounds that Kosmos Energy should have given the Ghana National Petroleum Corporation (GNPC) the first option to purchase the company's shares before entering into the agreement with Exxonmobil or any other company.
The government also accused the oil company of disclosing data on the oilfields to more than 17 potential buyers contrary to the terms and conditions of its agreement with the government, but the oil company declined to make any public statement on the government accusations.
Despite the government's refusal to recognise the agreement between Kosmos Energy and Exxonmobil, the two oil companies appeared not to be prepared to renege on their agreement until the August 17, 2010 letter.
The Minister of Energy, Dr Joe Oteng-Agyei, to whom the letter was addressed, confirmed that he had received it, adding that "we respect their decision".
He also denied assertions from critics that the government had put pressure on Kosmos Energy to back out of the agreement with Exxonmobil.
The question he posed was "why would government put pressure on an investor who is exercising his rights?" and went on to state that "the government never put pressure on Kosmos Energy to sell neither did it put pressure on the company to terminate its agreement with Exxonmobil."
Dr Oteng-Agyei maintained that the government's position was that the laws of the country must be obeyed and the fact that it insisted on the right thing to be done did not mean it was up against Kosmos Energy or any investor.
The minister explained that Kosmos Energy terminated its agreement with Exxonmobil at a time the government was looking into recommendations from a committee which was set up to look into Kosmos Energy's proposal on the sale of its stake in the Jubilee oilfields.
He gave an assurance that the issues would not affect the development of the oilfields in anyway and further pointed out that the government would continue to work with Kosmos Energy and other partners "to ensure that we get our first oil by the last quarter of the year to maximise the benefit to the people of Ghana".
For his part, the Public Affairs Manager of the GNPC, Mr Kwame Ntow Amoah, told the Daily Graphic that the GNPC was still interested in purchasing Kosmos Energy's stake if the company was still interested in selling.
He also intimated that the GNPC, a partner in the Jubilee oilfields, was not in anyway forcing Kosmos Energy to sell its stake.
Kosmos Energy and its partners discovered oil in commercial quantities at the West Cape Three Points in June 2007.
Other partners in the Jubilee oilfields are Tullow Oil Ghana Limited, Anardarko, Sabre Oil, E. O Group and the GNPC.
The Floating Production Storage and Offloading (FPSO) vessel which is expected to produce, store and offload the oil at the Jubilee oilfields has berthed in Ghana’s waters.
Ghana is expected to begin commercial production of oil by the last quarter of this year.
AFTER months of a "silent stand-off" between Kosmos Energy and the government over the proposed sale of a $4 billion stake in the Jubilee oilfields to Exxonmobil, Kosmos yesterday announced the termination of the relevant sale and purchase agreement.
It appears Kosmos Energy's stake in the Jubilee oilfields is now open to any company which is interested in the purchase of the oilfields should Kosmos Energy put up the oilfields for sale again.
By a letter dated August 17, 2010 and addressed to the Minister of Energy, the President and Chief Operating Officer of Kosmos Energy, Mr Brian F. Maxted, said “Kosmos Energy Ghana HC (”KEG”) wishes to advise that the sale and Purchase Agreement between KEG, Kosmos Energy Operating and ExxonMobil Exploration and Production Ghana Limited, dated June 28, 2010, has been terminated.”
Another letter dated August 18, 2010 and signed by the Corporate Affairs Manager, Kosmos Energy, Ghana Limited, Mr George Sarpong, said, "Kosmos Energy announces that the agreement with Exxonmobil related to the acquisition of our Ghana business has been terminated. As operator of West Cape Three Points Block, we will continue to work with our block partners and the government of Ghana to develop the Mahogany East and Odum discoveries."
Mr Sarpong’s statement went on to state that the first oil from the Jubilee fields phase one development was fast approaching and the company looked forward to a fruitful and long-term relationship with Ghana.
But when reached by Graphic for further comments, Mr Sarpong declined to state the reason for the termination of the agreement, pointing out that what was important was that Kosmos Energy was looking forward to a fruitful relationship with the government and its partners in the Jubilee oilfields.
Kosmos entered into the sale and purchase agreement with Exxonmobil in June 2010 before seeking the government's ratification. But the government declined on the grounds that Kosmos Energy should have given the Ghana National Petroleum Corporation (GNPC) the first option to purchase the company's shares before entering into the agreement with Exxonmobil or any other company.
The government also accused the oil company of disclosing data on the oilfields to more than 17 potential buyers contrary to the terms and conditions of its agreement with the government, but the oil company declined to make any public statement on the government accusations.
Despite the government's refusal to recognise the agreement between Kosmos Energy and Exxonmobil, the two oil companies appeared not to be prepared to renege on their agreement until the August 17, 2010 letter.
The Minister of Energy, Dr Joe Oteng-Agyei, to whom the letter was addressed, confirmed that he had received it, adding that "we respect their decision".
He also denied assertions from critics that the government had put pressure on Kosmos Energy to back out of the agreement with Exxonmobil.
The question he posed was "why would government put pressure on an investor who is exercising his rights?" and went on to state that "the government never put pressure on Kosmos Energy to sell neither did it put pressure on the company to terminate its agreement with Exxonmobil."
Dr Oteng-Agyei maintained that the government's position was that the laws of the country must be obeyed and the fact that it insisted on the right thing to be done did not mean it was up against Kosmos Energy or any investor.
The minister explained that Kosmos Energy terminated its agreement with Exxonmobil at a time the government was looking into recommendations from a committee which was set up to look into Kosmos Energy's proposal on the sale of its stake in the Jubilee oilfields.
He gave an assurance that the issues would not affect the development of the oilfields in anyway and further pointed out that the government would continue to work with Kosmos Energy and other partners "to ensure that we get our first oil by the last quarter of the year to maximise the benefit to the people of Ghana".
For his part, the Public Affairs Manager of the GNPC, Mr Kwame Ntow Amoah, told the Daily Graphic that the GNPC was still interested in purchasing Kosmos Energy's stake if the company was still interested in selling.
He also intimated that the GNPC, a partner in the Jubilee oilfields, was not in anyway forcing Kosmos Energy to sell its stake.
Kosmos Energy and its partners discovered oil in commercial quantities at the West Cape Three Points in June 2007.
Other partners in the Jubilee oilfields are Tullow Oil Ghana Limited, Anardarko, Sabre Oil, E. O Group and the GNPC.
The Floating Production Storage and Offloading (FPSO) vessel which is expected to produce, store and offload the oil at the Jubilee oilfields has berthed in Ghana’s waters.
Ghana is expected to begin commercial production of oil by the last quarter of this year.
Tuesday, August 10, 2010
Court adjourns Bawku MP's nationality case
August 10, 2010 (Page 3 Lead)
THE nationality case involving the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, was yesterday adjourned to August 23, 2010 to enable a defence witness to appear before the court.
The MP was expected to open his defence and answer three charges out of nine levelled against him with respect to his nationality at the Fast Track High Court’s sitting in Accra yesterday but his lawyer, Mr Egbert Faibille Jnr, told the court that his client was not in a position to open his defence because the defence planned to call what he termed a “star witness”.
However, according to counsel, the star witness, whose evidence was very crucial in the case, was not available at the moment and for that reason the court should adjourn the case to a day in October 2010.
But the trial judge, Mr Justice Charles Quist, explained that he would be on leave during that period.
A Chief State Attorney, Mr Rexford Owiredu, opposed Mr Faibille’s plea and stated that since the MP was present in court, he could go ahead and open his defence while waiting for his witness.
Mr Faibille opposed the prosecutor’s suggestion and reminded the prosecution that it could not determine how the defence should proceed with its case.
The court had, on July 8, 2010, ordered the MP to open his defence on the following counts: False declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution had been able to prove that the MP, in October 2008, made a false declaration, as well as committed perjury and deceived a public officer, when he swore an oath to the effect that he owed allegiance to no country other than Ghana, contrary to evidence that his British passport would expire in 2014.
Ruling on a "submission of no case" filed on behalf of the MP by his lawyers, Mr Justice Quist held that the defence team failed to establish that the accused person was not a Ghanaian and there was, therefore, no point in ordering the MP to answer charges relating to his entering the country in 2001, among others.
The court, after careful scrutiny of the evidence led by the prosecution, subsequently acquitted and discharged Sakande on six counts of prohibited immigrant, contrary to Section 8 (2) of the Immigration Act, 2000, Act 573, and forgery of passport or travel certificate, contrary to Section 15 of the Passports and Travel Certificates Act, 1967, NLCD 155.
Acquitting the accused person on the charge of entering the country as a prohibited immigrant, the court held that the Constitution and the Representation of the People's Amendment Act now allowed persons to hold dual citizenship titles, as well as vote on that status.
Touching on the charge of forgery of document, the court held that the prosecution failed to prove that the MP forged documents in February 2001 with the intent to contravene the immigration laws of Ghana.
Sakande has pleaded not guilty to all the charges and the court has admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was, on July 31, last year, arraigned before the Accra Fast Track 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 an MP.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
THE nationality case involving the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, was yesterday adjourned to August 23, 2010 to enable a defence witness to appear before the court.
The MP was expected to open his defence and answer three charges out of nine levelled against him with respect to his nationality at the Fast Track High Court’s sitting in Accra yesterday but his lawyer, Mr Egbert Faibille Jnr, told the court that his client was not in a position to open his defence because the defence planned to call what he termed a “star witness”.
However, according to counsel, the star witness, whose evidence was very crucial in the case, was not available at the moment and for that reason the court should adjourn the case to a day in October 2010.
But the trial judge, Mr Justice Charles Quist, explained that he would be on leave during that period.
A Chief State Attorney, Mr Rexford Owiredu, opposed Mr Faibille’s plea and stated that since the MP was present in court, he could go ahead and open his defence while waiting for his witness.
Mr Faibille opposed the prosecutor’s suggestion and reminded the prosecution that it could not determine how the defence should proceed with its case.
The court had, on July 8, 2010, ordered the MP to open his defence on the following counts: False declaration of office or voting, contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury, contrary to Section 210 of the Criminal Offences Act, 1960, Act 29, and deceiving a public officer, contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution had been able to prove that the MP, in October 2008, made a false declaration, as well as committed perjury and deceived a public officer, when he swore an oath to the effect that he owed allegiance to no country other than Ghana, contrary to evidence that his British passport would expire in 2014.
Ruling on a "submission of no case" filed on behalf of the MP by his lawyers, Mr Justice Quist held that the defence team failed to establish that the accused person was not a Ghanaian and there was, therefore, no point in ordering the MP to answer charges relating to his entering the country in 2001, among others.
The court, after careful scrutiny of the evidence led by the prosecution, subsequently acquitted and discharged Sakande on six counts of prohibited immigrant, contrary to Section 8 (2) of the Immigration Act, 2000, Act 573, and forgery of passport or travel certificate, contrary to Section 15 of the Passports and Travel Certificates Act, 1967, NLCD 155.
Acquitting the accused person on the charge of entering the country as a prohibited immigrant, the court held that the Constitution and the Representation of the People's Amendment Act now allowed persons to hold dual citizenship titles, as well as vote on that status.
Touching on the charge of forgery of document, the court held that the prosecution failed to prove that the MP forged documents in February 2001 with the intent to contravene the immigration laws of Ghana.
Sakande has pleaded not guilty to all the charges and the court has admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was, on July 31, last year, arraigned before the Accra Fast Track 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 an MP.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
NRSC ordered to file defence in GH¢6 m suit
August 6, 2010 (Page 3)
THE Commercial Court in Accra has ordered the National Road Safety Commission (NRSC) to file its defence in a GH¢6 million suit brought against it by a private printing firm.
Dismissing a motion to set aside a suit issued against it by the Safeway Printing Works Limited for failing to pay for supplied customised road safety equipment, the court held that there was no merit in the NRSC’s motion.
The court, presided over by Mrs Justice Gifty Dekyem, therefore, awarded GH¢300 costs against the NRSC in favour of the plaintiff.
In the substantive suit, Safeway Printing is claiming GH¢6 million, being the unpaid cost of 500,000 pieces of customised advanced double function warning triangles it supplied to the NRSC.
The plaintiff is also claiming GH¢161,240, being money paid to the NRSC at its request to finance various media campaigns for the advanced warning triangle.
It is also praying the court to order the defendant to pay interest on all moneys owed the plaintiff by the NRSC at the prevailing commercial bank rate with effect from January 1, 2009 to June 30, 2009 until the date of final payment.
In a statement of claim filed on behalf of Safeway Printing by its counsel, Mr Kwaku Bram-Larbi, the plaintiff stated that on or about September 2008, the defendant, per the Government of Ghana Purchase Order Number 0514649, awarded the plaintiff a GH¢6 million contract to supply 500,000 customised double function triangle warning light 51 LLD with NRSC/DVLA seal and identification serial number engraved at the rear of the device.
According to the plaintiff, it contracted a loan from the Ghana Commercial Bank (GCB) to finance the importation of the customised items and assigned the proceeds of the contract to the bank until the cost of the loan was cleared.
It pointed out that the defendant’s attention was drawn to the acquisition of the loan and its chief executive consented to the assignment by acknowledging notice of it in a letter dated October 21, 2008.
It said the warning triangles were imported and delivered to the defendants in early 2009 but the defendant had either been unable or refused to pay for the cost of the customised items imported by the plaintiff.
The statement further pointed out that the NRSC, prior to the importation of the triangles, wrote various letters urging Safeway Printing to fund the publicity and media campaign for the warning triangles, to which the plaintiff obliged and released GH¢161,240.
According to the plaintiff, the inability or refusal of the NRSC to collect and pay for the customised items it ordered was causing grave financial embarrassment to the plaintiff, such that its bankers had threatened to sue and attach its properties used as security for the loan.
THE Commercial Court in Accra has ordered the National Road Safety Commission (NRSC) to file its defence in a GH¢6 million suit brought against it by a private printing firm.
Dismissing a motion to set aside a suit issued against it by the Safeway Printing Works Limited for failing to pay for supplied customised road safety equipment, the court held that there was no merit in the NRSC’s motion.
The court, presided over by Mrs Justice Gifty Dekyem, therefore, awarded GH¢300 costs against the NRSC in favour of the plaintiff.
In the substantive suit, Safeway Printing is claiming GH¢6 million, being the unpaid cost of 500,000 pieces of customised advanced double function warning triangles it supplied to the NRSC.
The plaintiff is also claiming GH¢161,240, being money paid to the NRSC at its request to finance various media campaigns for the advanced warning triangle.
It is also praying the court to order the defendant to pay interest on all moneys owed the plaintiff by the NRSC at the prevailing commercial bank rate with effect from January 1, 2009 to June 30, 2009 until the date of final payment.
In a statement of claim filed on behalf of Safeway Printing by its counsel, Mr Kwaku Bram-Larbi, the plaintiff stated that on or about September 2008, the defendant, per the Government of Ghana Purchase Order Number 0514649, awarded the plaintiff a GH¢6 million contract to supply 500,000 customised double function triangle warning light 51 LLD with NRSC/DVLA seal and identification serial number engraved at the rear of the device.
According to the plaintiff, it contracted a loan from the Ghana Commercial Bank (GCB) to finance the importation of the customised items and assigned the proceeds of the contract to the bank until the cost of the loan was cleared.
It pointed out that the defendant’s attention was drawn to the acquisition of the loan and its chief executive consented to the assignment by acknowledging notice of it in a letter dated October 21, 2008.
It said the warning triangles were imported and delivered to the defendants in early 2009 but the defendant had either been unable or refused to pay for the cost of the customised items imported by the plaintiff.
The statement further pointed out that the NRSC, prior to the importation of the triangles, wrote various letters urging Safeway Printing to fund the publicity and media campaign for the warning triangles, to which the plaintiff obliged and released GH¢161,240.
According to the plaintiff, the inability or refusal of the NRSC to collect and pay for the customised items it ordered was causing grave financial embarrassment to the plaintiff, such that its bankers had threatened to sue and attach its properties used as security for the loan.
Patients have right to medical records
August 3, 2010 (Centre Spread)
THE Human Rights Court in Accra has ruled that patients have a right to their medical records without recourse to a court action.
In its ruling on a motion on notice for medical records which was filed on behalf of Mrs Elizabeth Vaah, who had dragged the Lister Hospital and Fertility Centre to the court for the release of her medical records, the court held that Article 21 of the 1992 Constitution guaranteed freedom of information.
Although the hospital opposed the application at the onset, it later released the records, but Mrs Vaah prayed it to rule on the matter in order to set a precedence.
The presiding judge, Mr Justice U. P. Dery, held that the Constitution guaranteed the right to medical records as part of the freedom of information.
Costs of GH¢1,000 were awarded against Lister Hospital, whose initial opposition to the release of the records to Mrs Vaah was described as “baseless” by the court.
In the substantive motion, Mrs Vaah sought a declaration that a patient was entitled to his/her medical records within the custody of a health service institution, subject only to the payment of reasonable fees for the production of the records and any other limitations as recognised by law and notwithstanding the fact that the patient made statements in the public media.
Her counsel, Mr Tuinese Edward Amuzu, said he was of the view that Ghanaians and other nationals needed not go to court before they could have access to their medical records.
The grounds set out by the applicant included the fact that she had been delivered of a fresh still-born baby at the hospital on March 9, 2010 and a post mortem examination had stated that the pathologist was not sure of what caused the multiple organ haemorrhage of her baby.
According to the applicant, she intended to have another baby in future and would, therefore, need her medical records to put at the disposal of any doctor who might attend to her in Ghana or outside the country.
Responding to the applicant’s motion, counsel for Lister Hospital, Mr Victor Kwadjoga Adawudu, said the hospital was not against the motion because it recognised the right of patients to their medical records.
Counsel, however, expressed the fear that patients might doctor their medical records for selfish gains when they had access to them.
After carefully considering arguments from both parties, the court upheld Mrs Vaah’s motion and granted her reliefs.
THE Human Rights Court in Accra has ruled that patients have a right to their medical records without recourse to a court action.
In its ruling on a motion on notice for medical records which was filed on behalf of Mrs Elizabeth Vaah, who had dragged the Lister Hospital and Fertility Centre to the court for the release of her medical records, the court held that Article 21 of the 1992 Constitution guaranteed freedom of information.
Although the hospital opposed the application at the onset, it later released the records, but Mrs Vaah prayed it to rule on the matter in order to set a precedence.
The presiding judge, Mr Justice U. P. Dery, held that the Constitution guaranteed the right to medical records as part of the freedom of information.
Costs of GH¢1,000 were awarded against Lister Hospital, whose initial opposition to the release of the records to Mrs Vaah was described as “baseless” by the court.
In the substantive motion, Mrs Vaah sought a declaration that a patient was entitled to his/her medical records within the custody of a health service institution, subject only to the payment of reasonable fees for the production of the records and any other limitations as recognised by law and notwithstanding the fact that the patient made statements in the public media.
Her counsel, Mr Tuinese Edward Amuzu, said he was of the view that Ghanaians and other nationals needed not go to court before they could have access to their medical records.
The grounds set out by the applicant included the fact that she had been delivered of a fresh still-born baby at the hospital on March 9, 2010 and a post mortem examination had stated that the pathologist was not sure of what caused the multiple organ haemorrhage of her baby.
According to the applicant, she intended to have another baby in future and would, therefore, need her medical records to put at the disposal of any doctor who might attend to her in Ghana or outside the country.
Responding to the applicant’s motion, counsel for Lister Hospital, Mr Victor Kwadjoga Adawudu, said the hospital was not against the motion because it recognised the right of patients to their medical records.
Counsel, however, expressed the fear that patients might doctor their medical records for selfish gains when they had access to them.
After carefully considering arguments from both parties, the court upheld Mrs Vaah’s motion and granted her reliefs.
Court to decide on right to medical record
July 15, 2010 (Page 46)
THE Human Rights Court in Accra will, on July 29, 2010, decide whether or not patients have a right to their medical records.
The court fixed the date following a motion on notice for medical records which was filed on behalf of Mrs Elizabeth Vaah, who dragged the Lister Hospital and Fertility Centre to the court for the release of her medical records.
Although the hospital opposed the application at the onset, it later released the records but Mrs Vaah is praying it to rule on the matter in order to set a precedence.
In the substantive motion, Mrs Vaah is seeking a declaration that a patient is entitled to his/her medical records within the custody of a health service institution, subject only to the payment of reasonable fees for the production of the record and any other limitations as recognised by law and notwithstanding that the patient made statements in the public media.
Citing legal authorities to support his client’s claims, Mr Tuinese Edward Amuzu, said he was of the view that Ghanaians and other nationals need not go to court before they could have access to their medical records.
The grounds set out by the applicant included the fact that she had been delivered of a fresh still baby at the hospital on March 9, 2010 and a post mortem examination stated that the pathologist was not sure of what caused the multiple organ haemorrhage of her baby.
According to the applicant, she intended to have another baby in future and would, therefore, need her medical records to put at the disposal of any doctor who might attend to her in Ghana or outside the country.
Responding to the applicant’s motion, counsel for the Lister Hospital, Mr Victor Kwadjoga Adawudu, said the hospital was not against the motion because it recognised the right of patients to their medical records.
Counsel, however, expressed the fear that patients might doctor their medical records for selfish gains when they had access to them.
THE Human Rights Court in Accra will, on July 29, 2010, decide whether or not patients have a right to their medical records.
The court fixed the date following a motion on notice for medical records which was filed on behalf of Mrs Elizabeth Vaah, who dragged the Lister Hospital and Fertility Centre to the court for the release of her medical records.
Although the hospital opposed the application at the onset, it later released the records but Mrs Vaah is praying it to rule on the matter in order to set a precedence.
In the substantive motion, Mrs Vaah is seeking a declaration that a patient is entitled to his/her medical records within the custody of a health service institution, subject only to the payment of reasonable fees for the production of the record and any other limitations as recognised by law and notwithstanding that the patient made statements in the public media.
Citing legal authorities to support his client’s claims, Mr Tuinese Edward Amuzu, said he was of the view that Ghanaians and other nationals need not go to court before they could have access to their medical records.
The grounds set out by the applicant included the fact that she had been delivered of a fresh still baby at the hospital on March 9, 2010 and a post mortem examination stated that the pathologist was not sure of what caused the multiple organ haemorrhage of her baby.
According to the applicant, she intended to have another baby in future and would, therefore, need her medical records to put at the disposal of any doctor who might attend to her in Ghana or outside the country.
Responding to the applicant’s motion, counsel for the Lister Hospital, Mr Victor Kwadjoga Adawudu, said the hospital was not against the motion because it recognised the right of patients to their medical records.
Counsel, however, expressed the fear that patients might doctor their medical records for selfish gains when they had access to them.
3 jailed over cocaine
July 10, 2010 (Page 19)
THE Greater Accra Regional Tribunal has sentenced a Ghanaian and two Togolese to a total of 45 years’ imprisonment for possessing 398.5 kilogrammes of cocaine.
The three — Kwame Anane, a Ghanaian driver, Eugene Kofi Amewu, an unemployed Togolese, and Valentine Kofi Deblui, a Togolese driver, were each found guilty on two counts of possessing narcotic drugs without lawful authority and abetment.
They had pleaded not guilty to the offences but the court, after taking into account the evidence of the prosecution and the defence, held a different view and convicted them accordingly.
They were each sentenced to 15 years’ imprisonment on the charge of possessing narcotic drugs without authority and 10 years imprisonment on the charge of abetment.
The sentences are to run concurrently.
Passing judgement, the trial judge, Mr Justice Kwadwo Owusu, stated that the prosecution had proved the guilt of the convicts beyond reasonable doubt.
The convicts, who were arrested upon a tip off in Nsawam in May 2008, had concealed the cocaine in a false compartment in a Mercedes Benz truck and covered the illicit drug with cow legs and hide in their bid to outwit security officials.
The facts of the case were that between 6 a.m. and 7 a.m. on May 30, 2008, a team of policemen, upon a tip-off, mounted surveillance on a Mercedes Benz truck, with registration number GT 3359 Z, from Kumasi and a search uncovered 399 parcels of a substance suspected to be cocaine concealed in an artificially created compartment.
Tests conducted by the Ghana Standards Board (GSB) proved the 399 parcels positive for cocaine, with a net weight of 398,595,0131 grammes.
The tribunal, in October 2009, ordered the destruction of the cocaine, in the presence of officials from the court, the Narcotics Control Board (NACOB), the GSB and the Environmental Protection Agency EPA).
The tribunal gave the order after it had been tendered in evidence by the prosecution.
The court also ordered that the Mercedes Benz which was used to convey the drugs be confiscated to the state.
THE Greater Accra Regional Tribunal has sentenced a Ghanaian and two Togolese to a total of 45 years’ imprisonment for possessing 398.5 kilogrammes of cocaine.
The three — Kwame Anane, a Ghanaian driver, Eugene Kofi Amewu, an unemployed Togolese, and Valentine Kofi Deblui, a Togolese driver, were each found guilty on two counts of possessing narcotic drugs without lawful authority and abetment.
They had pleaded not guilty to the offences but the court, after taking into account the evidence of the prosecution and the defence, held a different view and convicted them accordingly.
They were each sentenced to 15 years’ imprisonment on the charge of possessing narcotic drugs without authority and 10 years imprisonment on the charge of abetment.
The sentences are to run concurrently.
Passing judgement, the trial judge, Mr Justice Kwadwo Owusu, stated that the prosecution had proved the guilt of the convicts beyond reasonable doubt.
The convicts, who were arrested upon a tip off in Nsawam in May 2008, had concealed the cocaine in a false compartment in a Mercedes Benz truck and covered the illicit drug with cow legs and hide in their bid to outwit security officials.
The facts of the case were that between 6 a.m. and 7 a.m. on May 30, 2008, a team of policemen, upon a tip-off, mounted surveillance on a Mercedes Benz truck, with registration number GT 3359 Z, from Kumasi and a search uncovered 399 parcels of a substance suspected to be cocaine concealed in an artificially created compartment.
Tests conducted by the Ghana Standards Board (GSB) proved the 399 parcels positive for cocaine, with a net weight of 398,595,0131 grammes.
The tribunal, in October 2009, ordered the destruction of the cocaine, in the presence of officials from the court, the Narcotics Control Board (NACOB), the GSB and the Environmental Protection Agency EPA).
The tribunal gave the order after it had been tendered in evidence by the prosecution.
The court also ordered that the Mercedes Benz which was used to convey the drugs be confiscated to the state.
Friday, July 9, 2010
'I LIED TO SAVE MY SKIN' • Exopa CEO tells court
Friday, July 9,2010 (Lead Story)
THE Chief Executive of Exopa Modelling Agency, Ibrahim Sima, yesterday told the Accra Fast Track High Court that he admitted ownership of three tubers of yam containing cocaine because he did not want to suffer abuse from security officials who arrested him.
He said he had no choice but to also admit that he used a bread knife in his house to cut open the yams and stuff them with cocaine because the security officials who arrested him had threatened to "use minimum force" if he did not explain why there was cocaine in his luggage.
"I was answering yes, yes to all their questions just to get away from them. I decided to tell them some story in order not to be beaten," Sima stated in an answer to why he admitted being the owner of the drugs on the day of his arrest.
According to him, he suffered brutalities in the hands of security officers at the Aflao border when he was 17 years and in the process he lost 40,000 CFA Francs and therefore, did not want to suffer a similar fate on the day he was arrested by officials of the Narcotics Control Board (NACOB).
Sima, 39, was arrested on September 7, 2009 at the Kotoka International Airport (KIA) after officials of NACOB found three tubers of yam containing cocaine in his baggage while going through departure formalities to embark on a trip to Germany.
He has pleaded not guilty to two counts of possessing narcotic drugs without lawful authority and attempting to export narcotic drugs without licence.
Sima has been refused bail by the court, presided over by Mr Justice Charles Quist, and is currently in prison custody.
Opening his defence in the case in which he is standing trial for allegedly possessing 4.9 kilogrammes of cocaine, Sima said he suffered a scar on his face during his first bitter encounter with security officials and did not want to suffer another fate especially now that he had to preserve his looks for his modelling profession.
Led by his lawyer, Mr James Agalga, in his evidence-in-chief, Sima said he was shocked to find that the tubers of yam he had bought from a vendor on the Graphic Road contained cocaine.
According to him, his cousin packed his luggage for him, adding that he had to tell security officials one Salifu gave him the cocaine to avoid being brutalised.
He further stated that one of the security officials, who were mostly armed, slapped his watchman for delaying in opening the gate to his (Sima's) house in Tema, adding that that incident scared him to the brink of admitting the narcotic drugs were his.
Sima stated that the security officials numbering more than six ransacked his house and in the process took away his laptop, wristwatches and perfumes. He said they also ate his bread.
According to him, the security officials took him to his office but they did not find anything incriminating.
Sima further told the court that the padlock on his bag had been tampered with, adding that the zip on his bag was broken.
He denied an assertion from the prosecution that he opened the bag to enable security officers to search it, explaining that the bag had already been opened before he was invited by the security officers to answer questions.
"I did not object to them touching the bag. The zip was opened which made it easy for anyone to go into the bag anytime. I have not touched the padlock until today," Sima told the packed courtroom.
According to him, between January and February, 2009 a security official demanded $2,000 from him at the airport for allegedly swallowing narcotic drugs.
Sima said he refused to pay the money because he had not swallowed drugs or had any drug in his luggage.
He also denied claims by the prosecution that he had admitted using a scraper to scoop the tubers of yam before stuffing them with cocaine. He explained that he used the scraper to flatten silicon to seal his leaked ceiling.
He also denied being a drug dealer and claimed innocence for all the charges levelled against him.
Sima, who has since finished with his evidence, said he could not have used a glue to seal the tubers of yam because the yams were wet.
Hearing continues on Monday, July 12, 2010.
THE Chief Executive of Exopa Modelling Agency, Ibrahim Sima, yesterday told the Accra Fast Track High Court that he admitted ownership of three tubers of yam containing cocaine because he did not want to suffer abuse from security officials who arrested him.
He said he had no choice but to also admit that he used a bread knife in his house to cut open the yams and stuff them with cocaine because the security officials who arrested him had threatened to "use minimum force" if he did not explain why there was cocaine in his luggage.
"I was answering yes, yes to all their questions just to get away from them. I decided to tell them some story in order not to be beaten," Sima stated in an answer to why he admitted being the owner of the drugs on the day of his arrest.
According to him, he suffered brutalities in the hands of security officers at the Aflao border when he was 17 years and in the process he lost 40,000 CFA Francs and therefore, did not want to suffer a similar fate on the day he was arrested by officials of the Narcotics Control Board (NACOB).
Sima, 39, was arrested on September 7, 2009 at the Kotoka International Airport (KIA) after officials of NACOB found three tubers of yam containing cocaine in his baggage while going through departure formalities to embark on a trip to Germany.
He has pleaded not guilty to two counts of possessing narcotic drugs without lawful authority and attempting to export narcotic drugs without licence.
Sima has been refused bail by the court, presided over by Mr Justice Charles Quist, and is currently in prison custody.
Opening his defence in the case in which he is standing trial for allegedly possessing 4.9 kilogrammes of cocaine, Sima said he suffered a scar on his face during his first bitter encounter with security officials and did not want to suffer another fate especially now that he had to preserve his looks for his modelling profession.
Led by his lawyer, Mr James Agalga, in his evidence-in-chief, Sima said he was shocked to find that the tubers of yam he had bought from a vendor on the Graphic Road contained cocaine.
According to him, his cousin packed his luggage for him, adding that he had to tell security officials one Salifu gave him the cocaine to avoid being brutalised.
He further stated that one of the security officials, who were mostly armed, slapped his watchman for delaying in opening the gate to his (Sima's) house in Tema, adding that that incident scared him to the brink of admitting the narcotic drugs were his.
Sima stated that the security officials numbering more than six ransacked his house and in the process took away his laptop, wristwatches and perfumes. He said they also ate his bread.
According to him, the security officials took him to his office but they did not find anything incriminating.
Sima further told the court that the padlock on his bag had been tampered with, adding that the zip on his bag was broken.
He denied an assertion from the prosecution that he opened the bag to enable security officers to search it, explaining that the bag had already been opened before he was invited by the security officers to answer questions.
"I did not object to them touching the bag. The zip was opened which made it easy for anyone to go into the bag anytime. I have not touched the padlock until today," Sima told the packed courtroom.
According to him, between January and February, 2009 a security official demanded $2,000 from him at the airport for allegedly swallowing narcotic drugs.
Sima said he refused to pay the money because he had not swallowed drugs or had any drug in his luggage.
He also denied claims by the prosecution that he had admitted using a scraper to scoop the tubers of yam before stuffing them with cocaine. He explained that he used the scraper to flatten silicon to seal his leaked ceiling.
He also denied being a drug dealer and claimed innocence for all the charges levelled against him.
Sima, who has since finished with his evidence, said he could not have used a glue to seal the tubers of yam because the yams were wet.
Hearing continues on Monday, July 12, 2010.
Bawku MP ordered to open defence
Friday, July 9, 2010 (Page 3 Lead)
THE Accra Fast Track High Court yesterday ordered the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence and answer three charges out of nine levelled against him with respect to his nationality.
He is expected to open his defence on August 2, 2010 on the following counts: false declaration for office or voting contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury contrary to Section 210 of the Criminal Offences Act, 1960, Act 29 and deceiving a public officer contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution was able to prove that the MP in October 2008 made a false declaration, as well as committed perjury and deceived a public officer when he swore an oath to the effect that he owed allegiance to no country other than Ghana contrary to evidence that his British passport would expire in 2014.
Ruling on a "submission of no case" filed on behalf of the MP by his lawyers, the presiding judge, Mr Justice Charles Quist, held that the defence team failed to establish that the accused person was not a Ghanaian and there was, therefore, no point in ordering the MP to answer charges relating to his entering the country in 2001 among others.
The court, after careful scrutiny of the evidence led by the prosecution, subsequently, acquitted and discharged Sakande on six counts of Prohibited Immigrant contrary to Section 8 (2) of the Immigration Act, 2000, Act 573 and Forgery of Passport or Travel Certificate contrary to Section 15 of the Passports and Travel Certificates Act, 1967, N.L.C.D. 155
Acquitting the accused person on the charge of entering the country as a prohibited immigrant, the court held that the Constitution and the Representation of the People's Amendment Act now allowed persons to hold dual citizenship titles, as well as vote on that status.
Touching on the charge of forgery of document, the court held that the prosecution failed to prove that the MP forged documents in February, 2001 with the intent to contravene the immigration laws of Ghana.
Sakande has pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was, on July 31, last year, arraigned before the Accra Fast Track 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 an MP.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
THE Accra Fast Track High Court yesterday ordered the Member of Parliament (MP) for Bawku Central, Adamu Daramani Sakande, to open his defence and answer three charges out of nine levelled against him with respect to his nationality.
He is expected to open his defence on August 2, 2010 on the following counts: false declaration for office or voting contrary to Section 248 of the Criminal Offences Act, 1960, Act 29; perjury contrary to Section 210 of the Criminal Offences Act, 1960, Act 29 and deceiving a public officer contrary to Section 252 of the Criminal Offences Act, 1960, Act 29.
According to the court, the prosecution was able to prove that the MP in October 2008 made a false declaration, as well as committed perjury and deceived a public officer when he swore an oath to the effect that he owed allegiance to no country other than Ghana contrary to evidence that his British passport would expire in 2014.
Ruling on a "submission of no case" filed on behalf of the MP by his lawyers, the presiding judge, Mr Justice Charles Quist, held that the defence team failed to establish that the accused person was not a Ghanaian and there was, therefore, no point in ordering the MP to answer charges relating to his entering the country in 2001 among others.
The court, after careful scrutiny of the evidence led by the prosecution, subsequently, acquitted and discharged Sakande on six counts of Prohibited Immigrant contrary to Section 8 (2) of the Immigration Act, 2000, Act 573 and Forgery of Passport or Travel Certificate contrary to Section 15 of the Passports and Travel Certificates Act, 1967, N.L.C.D. 155
Acquitting the accused person on the charge of entering the country as a prohibited immigrant, the court held that the Constitution and the Representation of the People's Amendment Act now allowed persons to hold dual citizenship titles, as well as vote on that status.
Touching on the charge of forgery of document, the court held that the prosecution failed to prove that the MP forged documents in February, 2001 with the intent to contravene the immigration laws of Ghana.
Sakande has pleaded not guilty to all the charges and the court admitted him to bail in the sum of GH¢10,000 with a surety.
The MP was, on July 31, last year, arraigned before the Accra Fast Track 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 an MP.
The complainant in the case, Mr Sumaila Biebel, had, on January 19, 2010, told the court that he had met the MP in London in 1998 and it was during a chat with him that the MP had told him that he (the MP) was a native of Bawku, as well as a British national.
4 Drag AMA, others to court
July 8, 2010 (Page 3)
FOUR persons have dragged the Accra Metropolitan Assembly (AMA) and four others to the High Court in Accra, praying the court to declare that the 4.14-acre land, popularly called the Kinbu Gardens in Accra, belonged to the Kinbu Secondary Technical School.
The four, Alhaji Ali Braimah, Nii Tetteh Osu Nortey I, Nana Ahwireng Okanta-Obeng and Emmanuel Adotey, sued on behalf of the Tudu Community of Accra and the Board of Governors of the school, the Osu Stool, the parent-teacher association ( PTA) of the school and the old students association of the school, respectively.
They are praying the court to order the AMA and the other defendants, namely, the Lands Commission, the Accra City Management Company Limited, the Dream Reality Company Limited and the contractor on site, to vacate the said parcel of land which is opposite the Novotel Hotel and restore it back to the school.
A writ of summons filed on behalf of the plaintiffs by their counsel, Mr Bright Akwetey, is praying the court to declare that the AMA acted in breach of faith in removing traders and the Ghana Private Road Transport Union (GPRTU) from the said land to facilitate the construction, instead of handing the affected land back to the school.
They are, therefore, praying for an order for recovery of possession and general damages for trespass on the land, which is currently being developed into a private shopping mall and offices on the instructions of Dream Reality..
In their writ of summons, the four are also urging the court to restrain Dream Reality and the contractor on site from continuing with the proposed project on the land until the final determination of the case.
They are also seeking an order revoking a February 22, 2001 lease from the AMA to the Accra City Company Limited, which they described as null and void and, therefore, conveyed no valid title on the Accra City Company Limited and the Dream Reality Company Limited.
The four are pleading with the court to also declare as null and void a deed of assignment dated July 23, 2008 from the Accra City Company Limited to Dream Reality.
They are also seeking a declaration that the Lands Commission has no authority under the laws of Ghana to allocate public lands acquired for specified public purposes to private persons for their private benefit.
Also being sought by the plaintiffs is a declaration that the Lands Commission violated Article 20 of the Constitution, the State Lands Act 1962 and the State Lands Regulations 1962 (L.I. 230) Certificate of Title No. 432 of March 16, 1894, by allocating the public land to private persons for their private benefit, among others.
A statement of claim accompanying the writ of summons stated, among others, that by a Certificate of Title No. 432 dated 16th March, 1894, the Government of the Gold Coast acquired 8.76 acres of Osu Stool lands for “Government Services”, in accordance with the Public Lands Ordinance of 1876, and established the Rowe Road Middle Boys’ School on the land, complete with its own playing field, a workshop and a school garden.
It said the portion of the land now in dispute and the portion of land now occupied by the Novotel Hotel, as well as a portion occupied by part of the then Ambassador Hotel, were all part of the land compulsorily acquired by the Government of the Gold Coast for the Rowe Road Middle Boys’ School, now Kinbu Sec Tech.
The statement of claim stated that the school used a portion of the land as its playing field and a portion, stretching from the playing field through the land occupied by Novotel and part of the Ambassador Hotel, as the school’s garden. The school had a workshop next to the playing field on the same land.
Citing other instances which, according to the plaintiffs, clearly indicated that the land belonged to the school, the plaintiffs said it was, therefore, wrong for the AMA to lease the land to the Accra City Company Limited, with the active connivance of the Lands Commission.
It is also the position of the plaintiffs that if the defendants, particularly the Accra City Management Company Limited, the Dream Reality Company Limited and the contractor on site, were not restrained, the school would lose the land permanently, to its detriment and at the expense of education in this country.
FOUR persons have dragged the Accra Metropolitan Assembly (AMA) and four others to the High Court in Accra, praying the court to declare that the 4.14-acre land, popularly called the Kinbu Gardens in Accra, belonged to the Kinbu Secondary Technical School.
The four, Alhaji Ali Braimah, Nii Tetteh Osu Nortey I, Nana Ahwireng Okanta-Obeng and Emmanuel Adotey, sued on behalf of the Tudu Community of Accra and the Board of Governors of the school, the Osu Stool, the parent-teacher association ( PTA) of the school and the old students association of the school, respectively.
They are praying the court to order the AMA and the other defendants, namely, the Lands Commission, the Accra City Management Company Limited, the Dream Reality Company Limited and the contractor on site, to vacate the said parcel of land which is opposite the Novotel Hotel and restore it back to the school.
A writ of summons filed on behalf of the plaintiffs by their counsel, Mr Bright Akwetey, is praying the court to declare that the AMA acted in breach of faith in removing traders and the Ghana Private Road Transport Union (GPRTU) from the said land to facilitate the construction, instead of handing the affected land back to the school.
They are, therefore, praying for an order for recovery of possession and general damages for trespass on the land, which is currently being developed into a private shopping mall and offices on the instructions of Dream Reality..
In their writ of summons, the four are also urging the court to restrain Dream Reality and the contractor on site from continuing with the proposed project on the land until the final determination of the case.
They are also seeking an order revoking a February 22, 2001 lease from the AMA to the Accra City Company Limited, which they described as null and void and, therefore, conveyed no valid title on the Accra City Company Limited and the Dream Reality Company Limited.
The four are pleading with the court to also declare as null and void a deed of assignment dated July 23, 2008 from the Accra City Company Limited to Dream Reality.
They are also seeking a declaration that the Lands Commission has no authority under the laws of Ghana to allocate public lands acquired for specified public purposes to private persons for their private benefit.
Also being sought by the plaintiffs is a declaration that the Lands Commission violated Article 20 of the Constitution, the State Lands Act 1962 and the State Lands Regulations 1962 (L.I. 230) Certificate of Title No. 432 of March 16, 1894, by allocating the public land to private persons for their private benefit, among others.
A statement of claim accompanying the writ of summons stated, among others, that by a Certificate of Title No. 432 dated 16th March, 1894, the Government of the Gold Coast acquired 8.76 acres of Osu Stool lands for “Government Services”, in accordance with the Public Lands Ordinance of 1876, and established the Rowe Road Middle Boys’ School on the land, complete with its own playing field, a workshop and a school garden.
It said the portion of the land now in dispute and the portion of land now occupied by the Novotel Hotel, as well as a portion occupied by part of the then Ambassador Hotel, were all part of the land compulsorily acquired by the Government of the Gold Coast for the Rowe Road Middle Boys’ School, now Kinbu Sec Tech.
The statement of claim stated that the school used a portion of the land as its playing field and a portion, stretching from the playing field through the land occupied by Novotel and part of the Ambassador Hotel, as the school’s garden. The school had a workshop next to the playing field on the same land.
Citing other instances which, according to the plaintiffs, clearly indicated that the land belonged to the school, the plaintiffs said it was, therefore, wrong for the AMA to lease the land to the Accra City Company Limited, with the active connivance of the Lands Commission.
It is also the position of the plaintiffs that if the defendants, particularly the Accra City Management Company Limited, the Dream Reality Company Limited and the contractor on site, were not restrained, the school would lose the land permanently, to its detriment and at the expense of education in this country.
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