Supreme Court takes over case

By William Yaw Owusu.

Thursday, 25 May 2006
THE Supreme Court yesterday ordered a Fast Track High Court in Accra to refer to it, a case in which threeNDC officials are seeking to compel the Electoral Commission (EC) to gazette full details of the 2004 Presidential elections.

This means that the High Court will no longer hear the suit brought against the EC by Rojo Mettle Nunoo, Clend Sowu and Kofi Portuphy.

The three NDC members had sought “a declaration that the EC is bound by law to publish in the Gazette, full and complete results of the 2004 Presidential Election.”

They further asked for “a declaration that the failure, refusal or neglect of the defendants to publish the results was contrary to Article 45 of the constitution.”

They sought another order to compel the EC to furnish them forthwith with details of the results from all the 21,005 polling stations.

In a four-to-one majority decision, the highest court of the land ruled that the three main issues raised by the EC when it asked the lower court to stay proceedings bordered on constitutional interpretation.

The issues raised by Mr. Aduama Osei, counsel for the EC were: “Whether or not upon a true interpretation of Article 69 (a), the defendant fully discharged its constitution of the declaration of the Presidents Instrument 2004; whether or not upon the proper interpretation of Article 64(1) any citizen who was aggrieved by or dissatisfied with the declaration in the President-elect Instrument had 21 days within which to present a petition to the Supreme Court to challenge the declaration and whether, upon the true and proper interpretation of the constitution the plaintiffs are stopped from attempting now to challenge the validity of the Presidential election.”

In the ruling, the majority’s view was that the EC had been able to “properly invoke our jurisdiction in this matter” pointing out that the trial judge at the Fast Track High Court had “carved too large a role for himself in deciding to proceed with the matter when an issue of referral had been raised.”

Professor Justice Modibo Tawiah Ocran, a member of the majority in his ruling said, “the trial judge got carried away by the penchant for evidence” and said some of the authorities that he cited to buttress his point were “contradictory.”

Mrs Justice Georgina T. Wood another majority member said “jurisdiction must be exercised judicially and not capriciously,” adding “the heart of this whole controversy lies in a constitutional interpretation and I am convinced that the call for the Supreme Court to intervene has been appropriate.”

Justice Julius Ansah and R. T. Aninakwah, were the two others who made up the majority. Justice Amah promised to file his opinion before the Registrar within seven day.

However, Mr Justice William Atugubah who was against the matter being referred to the Supreme Court, said the Fast Track High Court had authority to proceed with the case.

He said the Constitution was clear and unambiguous on issues such as the one before the court and added that by proper interpretation the Legislative Instrument governing the conduct of election had been clearly spelt out.

On February 14 the High Court, presided over by Mr. Justice Victor Ofoe, ruled that the court had jurisdiction over the matter following a stay of proceedings application filed by the EC to enable them to refer the case before the Supreme Court.

Appeal Court to rule on Caseley-Hayford's appeal on June1

By William Yaw Owusu.

Thursday, 25 May 2006
THE Court of Appeal will on June 1, give judgement in the appeal filed by Ralph Caseley-Hayford currently serving a three year sentence at the Nsawam Maximum Security Prisons.

Casely-Hayford was jailed on April 21, 2005 by an Accra Fast Truck High Court for accepting a bribe to influence a public officer in the divestiture of the Ghana Rubber Estate Limited (GREL).

Two others, Hanny Sherry Ayittey, treasurer of the 31st December Women’s Movement and Emmanuel Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC) who were also tried in the case were freed by the court for lack of evidence.

The three member panel presided over by Mr Justice P.K. Owusu Ansah said that “due to unforeseen circumstances the judgement is not ready. Come back on June 1.”

The notice of appeal filed by Mr Rodney Heward-Mills, counsel for Caseley-Hayford said that “the trial judge erred in law, and on the facts in failing to conclude that the prosecution had failed to establish beyond reasonable doubt that the funds from which the third accused was allegedly paid ў70 million were available in 1996 in which year the offence for which he is charged is alleged to have taken place.”

He said the trial judge erred in law and on the facts in failing to find material evidence being cheques, stubs,. copies of vouchers and accounting records in the custody of GREL.

“The learned judge erred in law in failing to resolve doubts and contradictions in the prosecution’s case in favour of Caseley-Hayford,” the appeal read.

He said the judge again erred by relying on tainted evidence of the prosecution witnesses to conclude that the prosecution had proved beyond reasonable doubt, a case against his client.

Counsel further claimed that the conviction was unreasonable with regard to the evidence adduced at the trial saying “in all the circumstances the sentence is manifestly harsh and excessive.”

In an additional grounds of appeal, Caseley-Hayford’s counsel contended that the judge erred in finding that the prosecution had proven all the ingredients of the offence when there was no evidence of prior agreement to or pretence of being able to influence a public officer namely Dan Abodakpi.

The grounds further claimed that the judge erred in considering that whilst some principal witnesses were accomplices to the alleged offence the evidence of each of them amounted to corroboration.

75 Remanded in custody

By William Yaw Owusu.

Thursday, 25 May 2006
SEVENTY-Five suspected criminals rounded up in a police special operation in different suburbs of Accra have been arraigned before an Accra Circuit Court.

The court presided over by Mr Samuel Kwame Asiedu did not take their plea and remanded them in custody until May 30.

Remanding them, the judge explained that “in situations like this, the police will need sometime to be able to conduct thorough screening.”

Immediately the judge remanded them, some of the suspects started wailing, others were furious at the court’s decision while a few were seen sitting calmly.

The wailing and shouting attracted a large crowd including relations of some of the suspects to the premises of the 28th February Road Courts popularly called Cocoa Affairs.

Assistant Superintendent of Police, Eric Amoako, told the court that “we brought the suspects to court because of the constitutional constraint on us.”

He said that the suspects “were part of those believed to be terrorizing residents of Accra.”

On May 12, he said that the Regional Police Command mounted an operation to rid the city of criminals and in the process arrested the suspects at the Accra Girls Secondary School area, the Railway Station in Kantamanto and Tudu respectively.

He further told the court that some of the suspects were openly smoking when they were arrested.

Capacity building programme for judges

By William Yaw Owusu.

Monday, 23 January 2006
CHIEF Justice George Kingsley Acquah has launched an institutional strengthening and capacity building programme for judges and magistrates.

The programme, sponsored by the Canadian International Development Agency to equip judges and magistrates with the skills to promote their professional competence.

"We hope to equip our judges with what it takes to ensure and preserve the sanctity of the Rule of Law" Justice Acquah said at the well-attended ceremony in Accra on Friday.

He said the nature of the programme was bound to change the face and pace of judicial education in Ghana and it was his dream to create a judiciary which will serve as the cutting edge of legal thinking and innovations in the West Africa sub-region.

"This dream can only be realized through continuous education and training of not only judges and magistrates but also other supporting staff of the service."

He appealed to the Canadian government to earmark, a percentage of the budgetary support for Ghana to the service for infrastractural development.

The Chief Justice also appealed to government to increase the service’s budgetary allocation for judicial reforms.

Mr Kwaku Agyemang Manu, a Deputy Minister of Finance and Economic Planning, said the programme was a testimony of the help the Canadian government was offering in all sectors of the economy.

Mr Manu said the government was committed to supporting the Judicial Service in the quest to promote good governance and assured the Chief Justice of the Ministry’s preparedness to assist the service.

Mr Donald J. Bobiash, Canadian High Commissioner, said Ghana is a model for the African continent and his country is committed to ensuring her development.

The Canadian government has released 600,000 dollars for the project, he said.

Professor Brettel Dawson, Academic Director of National Judicial Institute of Canada, a collaborative partner in the programme said "we look forward to embarking with Ghana on the journey to become a middle income earner and a leader of the sub-region."

Mr Lawrence Amesu, Country Director of the Canadian University Services Overseas an implementing partner said "we have found the Judicial Service an ideal development partner."

During an open forum, Ms Joyce Aryee, Chief Executive of the Ghana Chamber of Mines, urged judges to take advantage of what was on offer to keep themselves abreast of the current era of information and technology.

Accra Gets Fresh Look

By William Yaw Owusu.

Monday, 30 January 2006
Veep Mahama With ShovelFOR almost eight hours, commercial and social activities in the Accra Metropolis came to a stand-still on Saturday as all sections of the public got involved in a massive clean-up exercise to rid the city of the filth that had engulfed it for some time now.

Shops were closed, and the usual hectic scene of buying and selling at the markets as well as the struggle associated with operations of commercial vehicles were all brought to temporary abeyance.

Except for a few private vehicles, the streets were virtually empty of the usually heavy week-end traffic.

Those who had to travel to various destinations between 5 am and well after mid-day waited in vain to board public transport at the lorry stations.

The verdict of most people was that the exercise was effective but needs to be sustained..
True to his earlier promise, the Vice President Alhaji Aliu Mahama, joined residents to undertake the clean-up exercise.

Wearing an appropriate outfit T-shirt, a brown summer hat and a pair of brown trousers and Wellington boots, Alhaji Mahama together with some Ministers of State, Security Heads, and top government officials were with Mr Stanley Nii Adjiri-Blankson, the Metropolitan Chief Executive (AMA) as early as 6 am to begin the exercise.

They included Greater Accra Regional Minister, Sheikh I.C. Quaye, nister of Lands, Forestry and Mines and Major Courage Quashigah, Health Minister who was at the AMA when the siren of the Accra General Post Office sounded to signal the commencement of the exercise at exactly 5 am.

Others were Professor Agyeman Badu Akosah, Director General of the Ghana Health Service, Dr George Amofah, Director of Public Health, Mr Emmanuel Atenga, Chief Fire Officer, Mr Douglas Akrofi-Asiedu, Greater Accra Regional Police Commander and other service commanders.

Nii Adjiri-Blankson, said that with effect from today, the AMA will start court actions against residents who litter the environment or flout bye-laws of the assembly.

“The law must be allowed to take its course and what we did on Saturday is a symbolic attempt to sensitize residents on the need to follow the bye-laws strictly and ensure a clean environment.”

Major Quashigah (rtd), bemoaned the rate at which people spent so much resources on curing diseases that could easily be prevented through the ensurance of a clean environment .

Local Government and Rural Development Minister, Charles Bintim said that he will sell AMA’s initiative to all metropolitan and district assemblies and support their efforts to keep the country clean.

Sheikh Quaye asked residents to abide by the AMA bye-laws and serve as watchdogs for the assembly.

Nii Adjiri-Blankson later explained to the Times reason for leaving the filth collected from the gutters and drains on the street sides.He said the soaked waste materials need to dry to make it easier to collect them.

The Vice President and his team went round to see the level of work and to encourage the volunteers.

He visited the Makola market area, Katamanto, Atukpai, Salaga market, Agbogbloshie, Abossey Okai and Alajo and at some points joined in actual work.

Earlier in his remarks before the start of the exercise, the Vice President appealed to the media to highlight issues on the environment, particularly sanitation.

He said the Ministry of Education and Sports and the Ghana Education Service should take up the clean-up exercise as “a national baby and as a national assignment because cleanliness is next to godliness.”

He warned that failure by Ghanaians to keep their environment tidy would cost the nation in tourism and national revenue in general.

Court decides on suit against GETFund,April24

By William Yaw Owusu .

Tuesday, 04 April 2006
A FAST Track High Court in Accra will on April 24, decide whether or not to strike out the name of the Ghana Education Trust Fund (GETFund) Board from a suit brought against it and two others over the awards of a 28-million dollar contract for the supply of school textbooks.

The legal action was instituted by the Ghana Book Publishers Association (GBPA) against the Ministry of Education and Sports (MOES), the Public Procurement Board (PPB) and the GETFund Board.

The GETFund Board is asking the court to strike out its name because it is not a party to the suit.

The GBPA is seeking to restrain the defendants from proceeding with the award of the contract to Macmillan Educational Limited for the supply of textbooks until the final determination of the case.

It is also seeking a declaration that the decision by the first defendant, MOES, to engage in single source procurement for the acquisition of books for schools from Macmillan “is factually and legally unwarranted and violates the provision of the Public Procurement Act 2003, Act 663.”

The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MOES to proceed with the single sourcing procurement to purchase the books.

The association is also seeking an order to compel the Ministry to comply with the proper procurement procedure for the intended purchase of the books.

The GETFund Board in its motion for its name to be struck out, argued that the trial could “go on conveniently without my client being joined in the suit.”

Mr Tanko Amadu, counsel for the Board, said there should have been a pre-existing cause for which a relief was sought by the GBPA and added, “going through the reliefs, no other relief has been prayed for except the other one which cannot stand in isolation.

“The only relief for which our name has been included is that of an injunction but under common law, the relief for an injunction cannot stand alone. Governments do not constitute any grounds for which the reliefs being sought for, will hold,” he argued.

Counsel said it was not necessary for his clients to be joined only nominally in a suit where MOES is answerable to its actions.

But Mr Jocob Acquah Sampson, counsel for GBPA in response, argued that the GETFund Board is a statutory trust formed pursuant to Act 581 and kept the funds, part of which is at the centre of controversy.

“It will be dereliction of GETFund Board’s duty not to apply to join this action,” if the GBPA had even failed to make them party to the suit.

He said GETFund’s position was misconceived and a misrepresentation of the true legal point because “there is an ongoing application for procurement and those funds will come from their custody.”

Mr Sampson prayed the court presided over by Mr Justice E. K. Ayebi, to take judicial notice of the fact that the 28 million dollars being sought for, the procurement was lodged with the GETFund Board making the third defendant a necessary party to the action.

He said the GBPA had applied for only an injunction relief against the GETFund Board.

Ministry complies with court directive

By William Yaw Owusu .

Saturday, 20 May 2006
FOLLOWING the seizure of four of its cars on Thursday morning for non-compliance with a court order, the Ministry of Food and Agriculture (MOFA) has given an undertaking to pay the compensation to nine farmers within two months.

In a letter signed by its Director of Finance, the Ministry accordingly requested that the cars be released as early as possible, to enable its officials go about their duties.

MOFA had failed to comply with a court order to pay ў513 million and another ў450 million as compensations to nine farmers, from Akim Batabi in the Eastern Region whose lands were acquired by government in 1983 for a livestock development project.

When contacted, Mr Yaw Oppong, counsel for the farmers, told the Times: “I have received an undertaking to that effect but I have to seek the consent of my clients before I can respond to it.”

The facts are that in 1983, the government acquired 774.15 acres of land at Akim Batabi, near Oda, for a livestock development project but failed to compensate some of the land owners.

The affected land owners then pursued the matter at the Commission on Human Rights and Administrative Justice (CHRAJ) where the Land Valuation Board was asked to assess the land in question. CHRAJ then asked MOFA to pay what was due the farmers but it refused.

The matter was therefore taken to the Oda High Court in March, this year where a default judgment was entered in favour of the farmers because MOFA failed to enter an appearance.

A copy of the judgement was served on MOFA but it failed to go to court to set it aside and contest the matter.

Trokosi Practice still persists

From William Yaw Owusu, Frankaadua.

Tuesday, 16 May 2006
Trokosi, the practice where children, mostly girls, are sent to serve in shrines to atone for crimes committed by their relations, persists.

This is in spite of efforts by government, religious bodies and other non-governmental organizations to discourage shrine custodians from the practice.

A ceremony was held here on Saturday, to mark the completion of training of 21 Trokosis who were liberated by the Ghana Baptist Convention.

They underwent three years training in various vocational skills in dressmaking, hair designing, kente weaving among other vocations free of charge.

Aged between 18 and 24, they included two boys.

Each of the beneficiaries received a sewing machine, hair dressing kits, equipment for kente weaving and a capital of ¢500,000.

Reverend Kojo Amoo, Secretary General of the Ghana Baptist Convention, said the church will establish more early childhood development centres and primary schools in areas where the practice abound so that through education people will get to know about their rights.

Other interventions such as the provision of health care, and empowering the people go into business are also being pursued.

Jervis Djokoto, Director of the Baptist Relief and Development Agency, a subsidiary of the Ghana Baptist Convention said the agency spends about 200 dollars on the vocational centre monthly and is still persuading shrine custodians to release more young adults for training.

Eddie Forson, the centre’s manager, said since 1998, the Baptist Convention has trained more than 70 ex-Trokosi slaves and currently has above 69 undergoing training.

He said the centre will soon be opened to the public, admit junior secondary school leavers and introduce additional courses such as agriculture, home management, secretarial and computer training.

Mrs.Jane Kwapong, Eastern regional Co-ordinator at the Ministry of Women and Children’s Affairs, said the time had come for the police administration to open Domestic Violence and Victims Support Units in all districts to encourage more people to report issues of domestic violence.

The practice of Trokosi dates back centuries when people mostly minors were sent to shrines to atone for the sins of their elderly relations.

People suspected of witchcraft were also sent there to be exorcised.

The constitution and the criminal code both declare all forms of servitude illegal and in 1998 government moved a step further by passing a law that mandates a three-year sentence for those found guilty of enslaving children but no one has yet been prosecuted under the law.

Minister,11 others cited for contempt.

By William Yaw Owusu

Tuesday, 16 May 2006
AN Accra Fast Track High Court yesterday commenced hearing a contempt suit brought against Professor Dominic Fobih, Minister of Lands, Forestry and Mines, and Mr John Otoo, Chief Executive of the Forestry Commission, by the Ghana Association of Forest Plantation Woodmillers and Exporters (GATEX).

The two, together with 10 others had allegedly defied the court’s order restraining the Forestry Commission from carrying out competitive bidding for plantation timber in forest reserves.

The others are Owusu Abebrese, Executive Director; R K Bamfo, Head, Timber Rights Evaluation Unit; Noble Biney; Director of Finance and Administration; Dei Amoah and Mr Edward Ameyaw, all of the Forestry Commission.

The rest are Augustine Arthur, Amo, solicitor of the Commission,Gene Birikong, Peter Boateng, Acting Board Chairman, and the Forestry Commission.

The court, presided over by Mr Justice P.K. Gyaesayor, adjourned the case until May 19 to enable the bailiffs to give evidence following denials by the respondents in their respective affidavits in opposition.

In the suit which brought about the contempt, GHATEX led by its vice-president, Mr Richard Asante-Bediako, claimed that if the Commission was not restrained until proper measures were taken, it would cause irreparable damage to the timber industry and the economy at large.

Moving the motion for contempt, Mr Kwaku Adjei Lartey, counsel for GHATEX, said the respondent had disobeyed or totally disregarded court processes and should be "incarcerated until they purge themselves."

He argued that the respondents’ action had the tendency of bringing the administration of justice into disrepute because they were "fully aware of the pendency of the application."

"This blatant disregard and disobedience of court processes must not be allowed to continue," he prayed the court.

Touching on the Prof. Fobih’s affidavit in response Mr Adjei-Lartey said the Minister had stated that the plaintiff’s application was misconceived and that he did not have knowledge of the court action.

But Mr Adjei-Lartey argued that by granting interview to the media on the bidding process, "it suggests that the Minister knew of the pendency of the contempt application."

He said Mr Otoo’s affidavit in opposition had not demonstrated to the court as to why he should not be cited for contempt.

"He cannot stay in his office and treat the court processes with disrespect," he said.

Counsel further argued that all the other respondents in one way or the other had disregarded and disobeyed the court’s order and should be punished to serve as a deterrent to other officials in respectable positions.

Mr Osei Hwereng, counsel for the respondents, had wanted to respond to the issues raised by Mr Adjei-Lartey but the case was adjourned to enable the bailiffs to testify.

GIA Case to be settled by mediation

By William Yaw Owusu.

Saturday, 13 May 2006
THE case between Ghana International Airline (GIA) and its minority shareholder, GIA-United States Limited, is to be settled out-of-court through mediation.

The Commercial Court hearing the case has therefore stayed proceedings to enable the mediation to take place.

The court, presided over by Mr. Justice Samuel Marful Sau, took the decision at the request of the Attorney-General who is a party to the suit, in accordance with clause 19 of the shareholders agreement.

The court also struck out the name of Mr Kwadwo Mpiani, the Chief of Staff and Minister of Presidential Affairs, from the suit following a motion by the Solicitor-General that the Minister acted in his official capacity.

This was not challenged by the plaintiff’s counsel.

With this development, the two parties, the Attorney General and GIA on one hand, and GIA-USA Limited, on the other have up to six weeks to go for mediation or if unsuccessful, go for arbitration in Holland as the shareholders agreement states.

Mr. Kwame Acheampong Boateng, representing GIA-USA Limited said he wished the court would “tie us to a time frame”, because “there is the possibility that some of us will go to sleep from here leaving the matter in abeyance”.

But Joe Ghartey, the Attorney-General designate, who represented himself and the Chief of Staff, told the court that once clause 19 of the agreement sets out the time frame within which to complete the mediation process, “counsel has nothing to fear.

“I wish to assure the court that we will ensure that the tenets of the shareholders agreement are strictly adhered to”, he said.

Mr. Ghartey disputed counsel’s claim that the two parties had previously failed in their bid to mediate and said, “in all those attempts, the mediators did not act in their official capacities”.

In the main suit, GIA-USA Limited sought an injunction to restrain the GIA Board of Directors from acting contrary to the company’s regulations and shareholders’ agreement.

Plaintiffs said the purported termination of the appointment of the management team by the Chief of Staff and a section of the GIA board was null and void and contravened the shareholders’ agreement.

The Attorney General’s affidavit in support of the motion to stay proceedings in the matter had said among other things that the plaintiffs failed to exhaust clause 19 of the shareholders’ agreement before going to court.

The affidavit said that the entire shareholders’ agreement stipulates that the parties resolve disputes by the alternative dispute resolution mechanism and that the suit offended the letter and spirit of the agreement.

Early last month the Chief of Staff and a section pf the GIA board purportedly terminated the appointment of the management team for non-performance, sparking the legal tussle between the two shareholders.

Court Allows Amoateng To Be Sued

By William Yaw Owusu.

Saturday, 13 May 2006
THE case between Ghana International Airline (GIA) and its minority shareholder, GIA-United States Limited, is to be settled out-of-court through mediation.

The Commercial Court hearing the case has therefore stayed proceedings to enable the mediation to take place.

The court, presided over by Mr. Justice Samuel Marful Sau, took the decision at the request of the Attorney-General who is a party to the suit, in accordance with clause 19 of the shareholders agreement.

The court also struck out the name of Mr Kwadwo Mpiani, the Chief of Staff and Minister of Presidential Affairs, from the suit following a motion by the Solicitor-General that the Minister acted in his official capacity.

This was not challenged by the plaintiff’s counsel.

With this development, the two parties, the Attorney General and GIA on one hand, and GIA-USA Limited, on the other have up to six weeks to go for mediation or if unsuccessful, go for arbitration in Holland as the shareholders agreement states.

Mr. Kwame Acheampong Boateng, representing GIA-USA Limited said he wished the court would “tie us to a time frame”, because “there is the possibility that some of us will go to sleep from here leaving the matter in abeyance”.

But Joe Ghartey, the Attorney-General designate, who represented himself and the Chief of Staff, told the court that once clause 19 of the agreement sets out the time frame within which to complete the mediation process, “counsel has nothing to fear.

“I wish to assure the court that we will ensure that the tenets of the shareholders agreement are strictly adhered to”, he said.

Mr. Ghartey disputed counsel’s claim that the two parties had previously failed in their bid to mediate and said, “in all those attempts, the mediators did not act in their official capacities”.

In the main suit, GIA-USA Limited sought an injunction to restrain the GIA Board of Directors from acting contrary to the company’s regulations and shareholders’ agreement.

Plaintiffs said the purported termination of the appointment of the management team by the Chief of Staff and a section of the GIA board was null and void and contravened the shareholders’ agreement.

The Attorney General’s affidavit in support of the motion to stay proceedings in the matter had said among other things that the plaintiffs failed to exhaust clause 19 of the shareholders’ agreement before going to court.

The affidavit said that the entire shareholders’ agreement stipulates that the parties resolve disputes by the alternative dispute resolution mechanism and that the suit offended the letter and spirit of the agreement.

Early last month the Chief of Staff and a section pf the GIA board purportedly terminated the appointment of the management team for non-performance, sparking the legal tussle between the two shareholders. Amoateng To Be Sued

Rawlings Causes stir at Fas Track Court

By William Yaw Owusu.

Friday, 12 May 2006

Jerry John Rawlings at the second hearing of the trial of former First Lady, Nana Konadu Agyeman Rawlings and eight others yesterday, ex-President J. J. Rawlings caused a stir when he too stood up in an apparent show of solidarity for his wife when she stood up for her plea to be taken.

When Mr. Justice P. Baffoe-Bonnie, the presiding judge, asked him to sit down saying, “you cannot stand in my court,”

Flt.-Lt. Rawlings responded: “I have a back problem.”

The judge then said: “Please, walk out if you cannot sit down.”

The former President then replied: “Fair enough, I will stand right here.”

He then moved away from his original position to where some police officers and his personal guards were in the Fast Track High court room and remained standing until proceedings ended.

Nana Konadu is standing trial together with Emmanuel Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC); Thomas Benson Owusu, former DIC accountant; and Kwame Peprah, former Finance Minister and DIC Chairman.

The rest are Hanny Sherry Ayittey, Managing Director; Georgina Okaitey, Director/General Manager; George Mould, Director; and Larry Adjetey, Director/Secretary, all of Carriden Development Company Limited (CDCL).

They have been charged with 30 counts of conspiracy, causing financial loss to a public body, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.

The charges arose from the divestiture of the Nsawam Cannery to CDCL.

With the exception of Owusu, all the accused were in court and pleaded not guilty to the charges and were granted bail on their own recognizance and the case was adjourned to May 29.

The court issued a bench warrant for the arrest of Owusu after Mr Joe Ghartey, the Attorney General-designate, indicated to the judge that he had been served with all the court papers.

Counsel for Nana Konadu, Ayittey and Carriden Development Company Limited, Tony Lithur, objected to some of the charges preferred against his clients saying, “they are inconsistent with the law.”

But Mr Ghartey replied saying, “There is nothing wrong with what has been done. The objection is totally misconceived,” and added that at the appropriate time, the prosecution will lead evidence to show that the charges preferred against the accused are right.

The judge overruled Mr Lithur’s objection saying, “it is the court’s view that the objection raised has been done too early.”

Mr. Ghartey told the packed court that the essential parts that were supposed to be fulfilled by both DIC and CDCL over the divestiture were not fulfilled.

The sale and purchase agreement which was supposed to have been signed between the interested parties before March 31, 1995, he added was not done and “as at 1999, attempts were being made to sign it.”

“As we stand here, they have never entered into any agreement but they have taken possession,” the Attorney General said.

He also said that the 10 per cent which was supposed to be paid under the agreement was withdrawn a few days after it had been deposited in the bank.

During the trial, the judge warned Ms Ayittey to refrain from passing comments that prejudiced the case. When Ms Ayittey’s plea was being taken, she had said, “not guilty. This is real injustice”.

Before retiring to his chambers, Mr. Justice Baffoe-Bonnie appealed to the media not to trivialize or sensationalise the trial. “You can seek clarification from me at any time.”

Hundreds of NDC supporters some clad in party colours, besieged the court premises There was an equally good number of police officers to maintain law and order.

When proceedings closed, the crowd chanting, singing and dancing, followed the former President and the accused persons to the main Supreme Court building where the accused had gone to execute their bail bond.

The police at a point had it tough controlling the crowd.

Boy, 14, Sues Korle-Bu Teaching Hospital

By William Yaw Owusu.

Friday, 05 May 2006
A 14-YEAR-OLD boy has filed a suit against the Korle-Bu Teaching Hospital in Accra, claiming ¢800 million damages for negligence.

The suit in addition, seeks “other special damages” being the cost of treatment, drugs and transportation, totalling ¢9.4 million.

The suit, filed at the Accra Fast Track High Court through the boy’s mother, Gladys Dasko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu, for a “wrongful operation” they conducted on him in September, last year.

The suit said the doctors had operated on the boy’s left knee instead of the right, after he was diagnosed of a torn patella ligament.

Furthermore, according to the suit, his father suffered a cardiac arrest and died as a result of the doctors’ negligence.

A statement of claim filed by the plaintiff’s counsel, Thomas Hughes, said the boy “is an aspiring professional footballer while the hospital enjoys international reputation as far as their services are concerned.”

As a result of the operation, the statement said, the boy is unable to walk properly and cannot go to school without the aid of clutches.

It said in May 2005, the boy had a painful right knee and reported to the Korle-Bu Teaching Hospital for treatment.

2 Nigerians granted bail in smuggling case

By William Yaw Owusu.

Friday, 31 March 2006
TWO Nigerians who allegedly attempted to smuggle cocoa fungicides worth about ў291 million belonging to the Ghana Cocoa Board out of the country were on Tuesday granted bail by an Accra Circuit Court when they made their second appearance.

This followed an indication by the prosecution to substitute the charge sheet.

Basil Okechukwu and Joseph Eju Abung, were released on ў100 million bail each with two sureties until April 24.

They had pleaded not guilty to two counts of conspiracy and stealing.

Chief Inspector Mary Agbozo prosecuting, indicated the prosecution’s intention to substitute the charge sheet on the next adjourned date.

She told the court that on March 17, a police team on night patrol at Achimota intercepted two vehicles conveying 11 maxi fertilizer bags containing the chemicals.

The chemicals labelled “Not for sale” were 23,000 Ridomil and 72 kp fungicides, all products of COCOBOD.

The prosecution said the two men claimed that they bought the chemicals at ў35 million in Kumasi, and were transporting them to their country to do farming.

2 Drug pushers jailed

By William Yaw Owusu.

Tuesday, 11 April 2006
THE Greater Accra Regional Tribunal has sentenced two persons to various prison terms for attempting to export cocaine to Europe.They are Camile Mohammed, driver, who was jailed 16 years, and John Sarfo, a labourer, who is to serve 10 years in prison.

Mohammed was said to have swallowed 50 pellets weighing about 8,659 grammes of the substance, while Sarfo swallowed 80 pellets.

They were separately charged with two counts of possessing narcotic drug without lawful authority and attempting to export narcotic drug without a licence.

Mr Frederick Boamah of the Attorney-General’s Department, prosecuting told the tribunal that Mohammed, who was resident in Spain, arrived at the Accra Airport at about 9 pm to catch a KLM flight to Amsterdam, Holland.

As he went through formalities, officials of the Narcotic Control Board, acting on suspicion, invited him for interrogation.

He was then taken to the 37 Military Hospital where examination revealed that he had swallowed 50 pellets of cocaine.

According to prosecution, Mohammed claimed that the substance was given to him by Obi to be delivered to one Emmanuel Mensah, in Europe.

In the other case, Ms Barbara Sackey, also of the Attorney-General’s Department, told the tribunal that Sarfo was scheduled to travel on a KLM flight to Spain via Amsterdam.

When he was picked for interrogation, he started behaving strangely and was therefore taken to the 37 Military Hospital where an X-ray examination revealed that he had swallowed 80 pellets of cocaine.”

I wrote payment letters on Abodakpi's request-Witness

By William Yaw Owusu.

Tuesday, 11 April 2006
A DEFENCE witness in the trial of Daniel Kwasi Abodakpi, former Trade and Industry Minister, told the Fast Track High Court in Accra yesterday that she was asked to draft letters for the payment of 100,000 and 300,000 dollars for feasibility studies.

Agnes Batsa, then Head of Bilateral Unit, Ministry of Finance and Economic Planning, said the payments which were in respect of feasibility studies into the Science and Technology Valley Park Project, were made in cedi equivalent.

Abodakpi, who is Member of Parliament for Keta, is charged with causing financial loss of 400,000 dollars to the state through the Science and Technology Valley Park Project.

He was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning who died in the course of the trial.

Led in evidence by Mr Charles Hayibor, the defence counsel, Mrs Batsa said she gave a statement concerning the matter to the police on May 3, 2001.

Witness said on August 10, 2000, she was requested by Selormey to process the payment of 100,000 dollar for feasibility studies into the Science and Technology Valley Park Project in response to a request by Abodakpi.

Witness further told the court, presided over by Justice S.T. Farkye, that on December 19, 2000, Abodakpi again wrote to request the payment of a further 300,000 dollars.

“Mr Selormey asked me to prepare another letter authorising the payment and he signed. Both amounts were in cedis,” she said.

In reply to a suggestion by counsel that the two letters for the request for payment and appointment of a consultant for the feasibility studies were not the same, Mrs Batsa said, “the two letters are talking about the same topic, although the wordings are different.”

She said her unit was responsible for negotiating for loans and grants and releasing funds for ministries, departments and agencies and dealt mostly with foreign embassies.

The case was adjourned until April 27 for witness to be cross-examined by Chief State Attorney, Ms Gertrude Aikins.

IGP, A-G sued for wrongful arrest

By William Yaw Owusu.

Wednesday, 12 April 2006
The IGPA BUSINESSMAN has sued two financial institutions, the Attorney-General and Inspector-General of Police for wrongful arrest and detention.

Mike Tenadu Amaning, the businessman, also cited Express Funds International Limited, Sikaman Savings and Loans Company Limited as co-defendants in the suit which will commence before the Accra High Court today.

He is demanding ў350 million damages.

Mr Amoaning is asking the court to slap ў350 million fine on the defendants jointly and severally for unlawful arrest, detention and defamation.

He has also asked for general damages against Sikaman Savings and Loans Company Limited for breach of banker/customer confidentiality and protective relationship, as well as costs.

The court, presided over by Mrs. Justice H. Inkumsah-Abban, had earlier entered a default judgment in favour of Amaning but the IGP and Attorney-General came to set aside the judgment and subsequently entered an appearance for the case to take its normal course.

Police shooting victims' relatives protests

By William Yaw Owusu.

Monday, 24 April 2006.
RELATIVES of the two women shot dead by the police in Dansoman, Accra, on Friday, have given a harrowing account of the circumstances leading to their deaths.

The mother of one of them, Mrs Grace Opoku, has condemned police behaviour after the shooting, which she says led to the death of her daughter, who was still alive.

The two women, Lydia Opoku 41, also called Awo, and Ataa Boatemaa, 39, and two men died on the spot when police fired shots into a Daewoo Tico taxi-cab which was carrying them at an area called ‘B Opoku’ in the early hours of Friday.

Eye-witness account said that the police patrol team had earlier been informed of a robbery operation involving a Tico taxi cab around Hansonic, also in Dansoman, and were pursuing it towards Dansoman Last Stop.

The occupants on reaching Zodiac, also in Dansoman, allegedly attacked and robbed two Mrs Opoku and Ms Boatemaa.

The two women had left home at about 4.30 a.m. on their way to Lome, Togo, to transact business.

Speaking to the Times yesterday at their house at Zodiac, in Dansoman, Ms Opoku’s mother, said that on hearing the news about the shooting, she rushed to the scene.

Court Rules On Prampram Stool Case

Court Rules On Prampram Stool Case



By William Yaw Owusu.

Wednesday, 03 May 2006
A HIGH Court in Accra has dismissed an application that sought to quash the entire committee report on Prampram Traditional Area Stool land in the Greater Accra Region.

The traditional area had tasked a five-member committee to look into the appropriation of the stool lands around Afienya and its surrounding communities in the 1990’s but one Emmanuel Odam Ashley and other concerned citizens in the area filed a certiorari application against the move.

In dismissing the application, Mr Justice E.F. Dzakpasu said “the applicant failed to satisfy the basic condition for invoking the supervisory jurisdiction of this court within six months from the date the said report and recommendation was made.”

“I hold that the instant application fails for want of compliance with order 55 rule three of the rules of this court and is hereby dismissed. The applicant may avail himself other remedies at law” the court held.

The court said the applicant was “clearly indolent and failed to assert his right to invoke the supervisory jurisdiction of this court timely.”

It held that the applicant failed to address the court on the issue of non-compliance with regards to time and offered no explanation as to “why this application must be heard.”

“It is important to say that where certiorari may not be an appropriate remedy, the applicant may avail himself of other reliefs as may be appropriate at a proper forum,” the court added.

The court said it was not in dispute that the applicant commenced the action on January 28, 1993, and had clearly done so out of time.

The committee, the court said, submitted its findings and recommendation on October 28, 1991, long before the action was instituted.

Court Allows Amoateng To Be Sued

Court Allows Eric Amoateng To Be Sued



By Yaw Owusu
Wednesday, 03 May 2006

Eric AmoatengA FAST Track High Court in Accra yesterday granted an application for order of substituted service on the Clerk of Parliament against Mr Eric Amoateng, MP for Nkoranza North.
With this, Mr Amoateng could be served through the Clerk of Parliament with a suit in which an accounting professor in the United States is asking the court to direct Parliament to declare the Nkoranza North seat vacant.
The court, presided over by Mr Justice E.K. Ayebi, granted the exparte application because Mr Amoateng is unavailable to be served personally.
The Nkoranza North MP is currently standing trial in the United States for an alleged drug trafficking offence and Professor Stephen Kwaku Asare has sued the Attorney General and three others to declare the MP’s seat vacant.
The other defendants are the Speaker of Parliament, the Electoral Commissioner and Mr Amoateng himself.
In granting the application, the court said, “there are reasonable grounds that the Clerk of Parliament will know the whereabouts of Hon. Amoateng and it is a fact that he is in a detention facility somewhere in the US.”
The judge, however, said: “In granting this application, I do not accept the submission by counsel that the Clerk of Parliament is the agent of the MP.”
Earlier, Mr Theophilus Adepoju, who held brief for Dr Philip Ebow Bondzi-Simpson, counsel for the plaintifff, had argued that his client did not know which detention facility in the US Amoateng is presently being held, but he has reason to believe that if the processes are served on the Clerk of Parliament such process will come to the attention and knowledge of the MP.
He contended that since the MP sought permission from the Speaker of Parliament through the Clerk, he (the Clerk), will be the best person to draw the MP’s attention to the processes.
“There is a dispensation for the MP and it came about because he sought permission from the Speaker of Parliament through the Clerk,” counsel told the court.
Counsel later told the Times that all the defendants, had been served and they had in turn entered appearances in the matter, albeit, the Electoral Commissioner did so “under protest.”
In the substantive suit, Professor Asare argued that by virtue of Mr Amoateng’s absence beyond the stipulated 15 days under the law, no dispensation could be granted him or any other person who absented himself/herself from the house without reasonable explanation.
He said that if the court did not grant the reliefs set out in his writ, the defendants “would consciously and unintentionally be acting in breach of the unambiguous dictates of the constitution.”

Cocoa Affairs Courts Declared Unsafe

yaW owusU's Village
Cocoa Affairs Courts Declared Unsafe



By William Yaw Owusu
Wednesday, 03 May 2006
THE 28th February Road Courts, popularly known as “Cocoa Affairs” have been declared unsafe for use by the Accra Metropolitan Assembly.

Mr Carl Henry Clerk, the Metro Works Director, said: “The structures as they stand now are very weak and cannot continue to accommodate the huge numbers who throng the courts each day”.

He announced this yesterday during an inspection tour of the place by Chief Justice George Kingsley Acquah, Attorney General-designate Joe Ghartey, Judicial Secretary Regina Apotsi and other top officials of the Judicial Service.

They were accompanied by a team of experts drawn from the Engineers Unit of the Ghana Armed Forces (GAF), the AMA, the Fire Service as well as a private architectural consulting firm.

Colonel Nana Acheam- pong who led the GAF delegation, said the courts could be re-opened temporarily after the structures had been strengthened adding, “the structures need simple renovation to keep the courts running for one or two years.”

Michael Gabienu, Accra Metro Fire Officer said: “There is no fire defence arrangements on the premises.”

He said that even if the Judicial Service made provisions for a fire defence system, it would not be advisable to use the premises.

“The sea has deteriorated everything here and there is the need for new structures to be built,” he said.
A representative of Avangarde Design Services, an architectural consulting firm, said “certain aspects of the floor need strengthening before it could be used temporarily.”

The experts said they would use about one week to conduct physical investigations and advised that the courts should remain closed.

In an interview, Mr Ghartey said the visit was exploratory but he would not say when the courts would resume sitting.

Mr Justice Acquah for his part, said “the whole place is expected to be grounded to pave way for the construction of a new structure.”

The premises house about 18 High and Circuit Courts.