By William Yaw Owusu
Saturday, 29 July 2006
Sparrow Productions Limited (SPL), organisers of the Miss Ghana Beauty Pageant, have complied with the orders by an Accra Fast Track High Court to enable the 2006 Miss Ghana competition to take place today.
The court presided over by Mr. Justicen Paul Baffoe-Bonnie, on Thursday ordered SPL to deposit the 2005 prize money of 10,000 dollars, transfer all documents covering the KIA Rio in the name of the beauty queen and deposit the July stipend of ¢1 million at the court’s registry by the close of work on that day before this year’s Miss Ghana finale could take place.
All these have been complied with, Rowland Atta-Kesson one of the lawyers for Miss Ghana 2005, Lamisi Mbillah told Times.
Miss Mbillah filled an interlocutory injunction on July 21, against the SPL and two of its top executives.
She had sought a court order to restrain SPL alongside its executives, Shirley Frimpong Manso and Jayne Awoonor-Williams, from organising this year’s beauty pageant because the defendants had failed to fulfill their part of the contractual obligation to her for winning the 2005 crown.
The court had further ordered the SPL to take steps to ensure that Ms. Mbillah was furnished with airline ticket to enable her to travel to Poland to compete in the upcoming Miss World beauty pageant.
It, however, ruled that should Ms. Mbillah lose the substantive case, she should return the KIA Rio in its original form to the SPL.
In an interview with the Times yesterday, Mr. Atta-Kesson, said a search at the court’s registry revealed that the defendants have deposited a cheque for the ¢1 million July stipend as well as the $ 10,000, prize money.
He said though the SPL had not deposited the title deed, there was a notice of change of ownership from the DVLA applied by the defendants, which will be ready on August 4.
"We have the one-million cedi cheque at the moment. What is outstanding is for us to take administrative steps to collect the 10 thousands dollars from the court’s registry", he said.
"From the registry, there is a clear evidence that the defendants have taken steps to comply with the orders of the court", he added.
The hearing of the motion was set for July 31, but Mr. Kwame Akuffo, counsel for the defendants, filed an ex-parte application to abridge the date to July 27, and this was granted by the court.
Among the reliefs sought by Ms Mbillah in her substantive motion was a declaration that the prize car is her property and an order compelling SPL to transfer title deeds of the car to her.
She further sought an order to compel SPL to pay to her the prize money of 10,000 dollars with interest to date and another order to compel SPL to furnish her with the prize travel ticket, consisting of an Accra-London-Accra air ticket from Astraeus Airline, and to pay her monthly stipend of ¢1 million for the month of July, in addition to cost.
In her statement of claim, Miss Mbillah said, "Unless the respondents are restrained from organizing the Ms Ghana 2006, event they will assume obligations to the prospective Miss Ghana 2006 and not meet it and also assume greater financial commitment and may be unable to meet the current commitment to me."
She said when her reign comes to an end, it will be difficult to retrieve from the respondents the entitlements due her as Miss Ghana 2005.
Sunday, July 30, 2006
Man Jailed For Contempt
By William Yaw Owusu
Saturday, 29 July 2006
AN Accra High Court has sentenced Peter Dankyi, a resident at Weija in the Greater Accra Region, to two weeks in jail for contempt.
The convict had refused to obey a court order that asked him to remove his property from a piece of land situated at New Weija, belonging to Mr. Fred Kofi Asare, an estate developer.
Additionally, the court ordered that Dankyi should immediately vacate the said land after serving the jail term.
In convicting him the trial judge, Mrs. Justice H. Inkumsah-Abban, said "it is clear that he was ejected from the land and in willful disobedience re-entered".
The court said Dankyi denied being served with the processes inviting him to court but evidence adduced before it showed that he received all the processes and even verbally assaulted the bailiff for serving him.
The court further said that the registrar’s representative had also confirmed that Dankyi at a point came to the court to enquire about an entry of judgment against him in the matter.
"I have no doubt in my mind that the respondent was a party to the suit; he was served with the hearing notice and was even held to have appeared in court in response to the hearing notices, but wanted to deny that he was a party to this suit", the court further held.
Saturday, 29 July 2006
AN Accra High Court has sentenced Peter Dankyi, a resident at Weija in the Greater Accra Region, to two weeks in jail for contempt.
The convict had refused to obey a court order that asked him to remove his property from a piece of land situated at New Weija, belonging to Mr. Fred Kofi Asare, an estate developer.
Additionally, the court ordered that Dankyi should immediately vacate the said land after serving the jail term.
In convicting him the trial judge, Mrs. Justice H. Inkumsah-Abban, said "it is clear that he was ejected from the land and in willful disobedience re-entered".
The court said Dankyi denied being served with the processes inviting him to court but evidence adduced before it showed that he received all the processes and even verbally assaulted the bailiff for serving him.
The court further said that the registrar’s representative had also confirmed that Dankyi at a point came to the court to enquire about an entry of judgment against him in the matter.
"I have no doubt in my mind that the respondent was a party to the suit; he was served with the hearing notice and was even held to have appeared in court in response to the hearing notices, but wanted to deny that he was a party to this suit", the court further held.
Friday, July 28, 2006
Miss Ghana Organisers To Pay Prize To Court
By William Yaw Owusu
Friday, July 28, 2006
Sparrow Productions Limited (SPL) organisers of the Miss Ghana Beauty Pageant was yesterday ordered by an Accra Fast Track High Court to deposit the price among for 2005 10,000 dollars to the courts registry by the close of work yesterday before this year's Miss Ghana final scheduled for tomorrow Saturday can take place.
The court, presided over by Mr Justice Paul Baffoe-Bonnie, further ordered SPL to transfer all documents covering the prize car (KIA Rio) into the name of Ms Lamisi Mbillah, Miss Ghana 2005.
The order followed an interlocutory injunction filed by Ms Mobillah on July 21 against the SPL and its two top executive, Shirley Frimpong Manso and Jayne Awoonor-Williams, seeking to restrain them from organising this year's beauty pageant because the defendants had failed to fulfil their part of the contractual obligation to her for winning the 2005 crown.
Mr Justice Baffoe-Bonnie ordered that apart from the 10,000 dollars and the documents of the car, the defendants should also deposit the July stipend of one million cedis at the registry, as well as take steps to ensure that Ms Mbillah was furnished with the air line ticket to enable her travel to Poland to compete in the upcoming Miss World beauty pageant.
The court however ruled that should Ms Mbillah lose the substantive case, she will return the KIA Rio in its original form to the SPL
Mr Jusice Baffoe-Bonnie before giving the orders said the court took cognizance of the fact that time, resources and public interest had gone into the preparation of the event.
Weighing all these against the applicantís constitutional right, the Miss Ghana 2006 will go on as scheduled but it is subject to the orders that I have made, he said.
Before the court heard the motion for interlocutory injunction on the event, Dr Raymond Atugubah, Counsel for Ms Mbillah told the court that he had filed a notice at the Court of Appeal to stay proceedings in the matter because the court on July 25 had granted an ex-parte application to abridge the date for hearing to yesterday instead of July 31, as scheduled.
He argued that the court exercised its discretion wrongly in granting the reduction of time because the defendants failed to disclose the nature of damage that they were to suffer if the application was heard on July 31.
But Mr Kwame Akuffo, who represented the defendants said the court was not the proper forum for the plaintiffs application describing it as very disproportionate, unnecessary and an obstacle in the way of justice.
The judge dismissed the application as of no merit and said he would give his reasons later.
Among the reliefsí sought by Ms Mbillah in her substantive motion was a declaration that the prize car is her property and an order compelling SPL to transfer title deeds of the car to her.
She further sought an order to compel SPL to pay to her the prize money of 10,000 dollars with interest to date and another order to compel SPL to furnish her with the prize travel ticket, consisting of an Accra-London-Accra air ticket from Astraeus Airline, and to pay her monthly stipend of ¢1 million for the month of July, in addition to cost.
In her statement of claim, Miss Mbilla said, ìunless the respondents are restrained from organising the Ms Ghana 2006, event they will assume obligations to the prospective Miss Ghana 2006 and not meet it and also assume greater financial commitment and may be unable to meet the current commitment to me.
She said when her reign comes to an end it will be difficult to retrieve from the respondents the entitlements due her as Miss Ghana 2005.
Friday, July 28, 2006
Sparrow Productions Limited (SPL) organisers of the Miss Ghana Beauty Pageant was yesterday ordered by an Accra Fast Track High Court to deposit the price among for 2005 10,000 dollars to the courts registry by the close of work yesterday before this year's Miss Ghana final scheduled for tomorrow Saturday can take place.
The court, presided over by Mr Justice Paul Baffoe-Bonnie, further ordered SPL to transfer all documents covering the prize car (KIA Rio) into the name of Ms Lamisi Mbillah, Miss Ghana 2005.
The order followed an interlocutory injunction filed by Ms Mobillah on July 21 against the SPL and its two top executive, Shirley Frimpong Manso and Jayne Awoonor-Williams, seeking to restrain them from organising this year's beauty pageant because the defendants had failed to fulfil their part of the contractual obligation to her for winning the 2005 crown.
Mr Justice Baffoe-Bonnie ordered that apart from the 10,000 dollars and the documents of the car, the defendants should also deposit the July stipend of one million cedis at the registry, as well as take steps to ensure that Ms Mbillah was furnished with the air line ticket to enable her travel to Poland to compete in the upcoming Miss World beauty pageant.
The court however ruled that should Ms Mbillah lose the substantive case, she will return the KIA Rio in its original form to the SPL
Mr Jusice Baffoe-Bonnie before giving the orders said the court took cognizance of the fact that time, resources and public interest had gone into the preparation of the event.
Weighing all these against the applicantís constitutional right, the Miss Ghana 2006 will go on as scheduled but it is subject to the orders that I have made, he said.
Before the court heard the motion for interlocutory injunction on the event, Dr Raymond Atugubah, Counsel for Ms Mbillah told the court that he had filed a notice at the Court of Appeal to stay proceedings in the matter because the court on July 25 had granted an ex-parte application to abridge the date for hearing to yesterday instead of July 31, as scheduled.
He argued that the court exercised its discretion wrongly in granting the reduction of time because the defendants failed to disclose the nature of damage that they were to suffer if the application was heard on July 31.
But Mr Kwame Akuffo, who represented the defendants said the court was not the proper forum for the plaintiffs application describing it as very disproportionate, unnecessary and an obstacle in the way of justice.
The judge dismissed the application as of no merit and said he would give his reasons later.
Among the reliefsí sought by Ms Mbillah in her substantive motion was a declaration that the prize car is her property and an order compelling SPL to transfer title deeds of the car to her.
She further sought an order to compel SPL to pay to her the prize money of 10,000 dollars with interest to date and another order to compel SPL to furnish her with the prize travel ticket, consisting of an Accra-London-Accra air ticket from Astraeus Airline, and to pay her monthly stipend of ¢1 million for the month of July, in addition to cost.
In her statement of claim, Miss Mbilla said, ìunless the respondents are restrained from organising the Ms Ghana 2006, event they will assume obligations to the prospective Miss Ghana 2006 and not meet it and also assume greater financial commitment and may be unable to meet the current commitment to me.
She said when her reign comes to an end it will be difficult to retrieve from the respondents the entitlements due her as Miss Ghana 2005.
Thursday, July 27, 2006
Nana Konadu's Case Adjourned To October 24
By William Yaw Owusu
Thursday, 27 July 2006
An Accra Fast Track High Court yesterday adjourned to October 24 the case in which Nana Konadu Agyemang Rawlings, former First Lady, and five others are standing trial for their alleged involvement in the divestiture of the Nsawam Cannery.
This follows an oral submission by Mr. Tony Lithur, counsel for Carridem Development Company Limited (CDCL), that his clients had filed a notice of appeal against the court’s decision not to stay proceedings in the case, and that the accused are in the process of renewing the application for stay of proceedings.
Anthony Gyambiby, Chief State Attorney, who led the prosecution did not oppose their decision to ask for an adjournment, and the trial judge, Justice Paul Baffoe-Bonnie, adjourned the case to October 24.
The judge however made it clear that the court was not adjourning proceedings because of counsel's application but because "the court does not want to be overtaken by events".
Mrs Rawlings is being tried alongside Emmanuel Amuzu Agbodo, former Executive Secretary of the Divesture Implementation Committee (DIC), Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman and Hanny Sherry Ayittey, Director of CDCL.
They were being tried initially together with Georgina Okaitey, Director, George Mould, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company Limited (CDCL), but the Attorney General at the last adjourned date, withdrew the charges against the three under Section 59 of Act 30.
All the accused are 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.
They have all pleaded not guilty to the charges and have been granted self cognisance bail.
Fresh charges against cocaine suspects
By William Yaw Owusu
Thursday, 27 July 2006
FRESH charges have been preferred against the two Venezuelans standing trial at the Fast Track Court for importing 588 kilogrammes of cocaine into the country.
Joel Mella, 35, a machine operator, and Halo Cabezza Castillo, 38, businessman, are now charged on four counts of conspiracy, importation of narcotic drugs without lawful authority, and possessing narcotic drugs without lawful authority .
They pleaded not guilty to the all the charges and were remanded into prison custody by the court, presided over by Mr. Justice E.K. Ayebi.
When full trial commenced yesterday Police Superintendent Edward Tabiri, giving evidence for the prosecution, said that on November 24, last year, he led a team of police officers to House Number 348 at Mempeasem, East Legon,Accra, on the instructions of the Director of the Criminal Investigation Department (CID) where they arrested the two accused about 2pm.
"We got to the house which was fenced and fortified with a metal gate but when we knocked and there was no response, we scaled the wall into the house where we arrested Mella who was in one of the rooms in the upper floor," he told the court.
Witness said during the search of Mella’s room, police discovered incriminating items such as ammonia (used to convert cocaine into cracks), a machine used to compress the cocaine into compact pieces, gloves, white polythene wrappers and KLM Cargo stickers, brown cellotape, and a bottle believed to be for testing cocaine.
"This raised our suspicion and we decided to search for more evidence," he said, and added that when one of the officers peeped through the key hole of the room opposite that of Mella, they saw cartons packed there.
He said as Mella would not give them the keys, they forced the door open.
In that room, the witness said, the police found subtances compressed and wrapped in boxes, adding that tests proved them to be cocaine.
Witness said Mella led them to another room where "they found a quantity of the cocaine scattered on the floor some mixed with water "He advised us not to add them to the main ones seized earlier since it will contaminate it," witness said.
He said that Mella claimed that the cocaine belonged to someone called Shamo, a blackman and offered to call him " but they spoke in Spanish so I siezed the phone from him and asked Shamo to meet us in 30 minutes to settle us so that his brother will be released".
Witness said that in the process, Castillo came to the house and was also arrested.
He told the court that investigations, at the Ghana Immigration Service revealed that Mella had a Colombian passport whilst Castillo possessed a Venezuelan passport but they claimed that the passports were with their host.
Defence Counsel, Obeng Sakyi and Kwabla Dogbe Senanu objected to the attempts by the prosecutor, Ms Gertrude Aikins, Chief State Attorney to lead evidence in respect of the accused’s immigration status, saying that they had not been charged for that.
The judge then ruled that if the prosecution wanted to lead evidence in that respect they should charge them accordingly.
Miss Ghana's Case To Be Fast-Tracked
By William Yaw Owusu
Wednesday, 26 July 2006
Miss Lamisi MbillahAn Accra Fast Track High Court yesterday abridged the date set for the hearing of a motion filed by Lamisi Mbillah, Miss Ghana 2005, seeking to restrain Sparrow Productions Limited (SPL) and two others from organising this year’s beauty pageant.
The motion, which also cites Shirley Frimpong Manso and Jayne Awoonor-Williams, Chief Executive and Deputy Chief Executive Officer, respectively of SPL, will be heard on July 27 instead of July 31.
It follows an ex-parte motion for reduction of time filed by Mr. Kwame Akuffo, counsel for the defendants that his clients would suffer "grave damage" if the application was heard on July 31.
The court, presided over by Mr. Justice Paul Baffoe-Bonnie, granted the request of the defendants to bring the hearing date to July 27.
Ms. Mbillah who filed the motion through Dr. Raymond Atugubah, her counsel, is seeking an interim injunction to restrain the defendants from going ahead to organise this year’s event because SPL allegedly failed to meet their part of the contractual obligation to her for winning the 2005 crown.
In the reliefs’, Miss. Mbillah sought a declaration that the prize car (KIA Rio) "is her property and an order compelling SPL to transfer title in said car to her."
She further sought an order to compel SPL to pay to her the prize money of 10,000 dollars with interest to date and another order to compel SPL to furnish her with the prize travel ticket consisting of an Accra-London-Accra air ticket from Astraeus Airline and to pay her monthly stipend of one million cedis for the month of July as well as cost.
Miss Ghana’s statement of case said among other things that, "unless the respondents are restrained from organising the Miss Ghana 2006 event , they will assume obligations to the prospective Miss Ghana 2006 and not meet it and also assume greater financial commitment and may be unable to meet the current commitment to me."
She said when her reign comes to an end it will be extremely difficult to retrieve from the respondents the entitlements due her as Miss Ghana 2005 adding that, "it is against public interest and public policy for SPL to consistently represent to various sponsors of the Miss Ghana event and the public that they seek sponsorship for the purpose of presenting prizes to various winners and neglect to do so."
"By denying any obligation to me and Miss Ghana 2004, the SPL is seeking to unjustly enrich itself by retaining prize monies and items that were given for the benefit of and for onward transmission to various winners of the Miss Ghana event," she added.
She further said the court should order the respondents "to cease to assume further financial and resource obligations by going ahead to organize the 2006 event" since the SPL had outstanding and resource commitment to her.
Monday, July 24, 2006
Court restrains trespassers on New Weija land
By William Yaw Owusu
Saturday, 22 July 2006
An Accra High Court has restrained developers from working on a 95.194 acre land situated at New Weija near Accra.
The land in dispute belongs to Mr. Fred Kofi Asare, Managing Director of F.K.A. Company Limited, an estate developing firm who had filed the motion to restrain several developers who had encroached on the land thus stalling the company’s development plans.
The court, presided over by Mr. Justice K.A. Ofori-Atta, therefore ordered the demolition of all structures on the affected land.
It awarded the plaintiff ¢40 million damages for trespass and also ordered that the defendants pull down the buildings within 30 days, failure of which the plaintiff was to do the demolition at the cost of the defendants.
On May 5, last year, Mr. Asare issued the writ summons seeking a declaration that the defendants’ acts amounted to trespass and sought an order to demolish structures on the land.
He also sought a perpetual injunction to restrain the defendants from further acts of trespass and in any way deal with the plaintiff’s land in a manner detrimental to the land.
On June 10, 2005, Mr. Asare applied for an interlocutory judgment in default of appearance on the part of the defendants and the suit was adjourned to July 15, 2005 for assessment of damages but the case was again adjourned to July 22, the same year for a hearing notice to be served on the defendants.
But the defendants again refused to enter an appearance and on July 22, 2005, Mr. Asare was ordered to give evidence on the case. He told the court that he obtained the land from the Weija stool and has documents covering it which he tendered in evidence together with documents covering payment that he made.
Plaintiff’s representative also told the court that they brought electricity as well as access roads to the land.
"From the evidence available, it is quite clear that the plaintiff is the owner of the land and I find that the defendants have trespassed into the plot and have erected buildings", the judge said.
By William Yaw Owusu
Friday,July 22,2006
The Accra Fast Track High Court trying Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), for allegedly causing financial loss to the state will give judgment in the case on October 27.
This follows the closing of addresses by both the prosecution and the defense.
Mr. Tsikata has been charged with three counts of causing financial loss of about 2.3 billion cedis to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise De Development (AFD), in 1991, but defaulted in the payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Mr. Tsikata has pleaded not guilty to all the charges and is on a self-cognizance bail.
Before Mrs. Justice Henrietta Abban, the trial judge, adjourned the case until October Major R.S. Agbenator (rtd), counsel for Mr. Tsikata, finally addressed the court in response to some issues raised by the Attorney General, Mr. Joe Ghartey who is prosecuting the case.
He said that the Attorney General’s claim that Mr. Tsikata caused the loss was, “supported by the majority and the minority” in the Supreme Court was untrue. Since proof beyond reasonable doubt was the required standard.
He further said there was no evidence of the accused delegating authority to make the payments and therefore, being held responsible under section 10(7) of the GNPC Law 64 as contended by the prosecution adding that, “How does receipt of a letter to the accused after the payments charged had already been made at the insistance of a witness showed authorization to Mr. Fabyan, another witness by the accused”.
“It has been claimed that the accused should have put in place a counter guarantee but the provision in the guarantee agreement that put GNPC in the shoes of the lender once it made payment on behalf of the lender was indeed, a form of such security for GNPC”, said Counsel.
On the issue of the GNPC going beyond its core business, Major Agbenator said, “Evidence from board meetings of GNPC as tendered in evidence showed that this was a commercial and economic reality for GNPC and not a fiction”.
He said new charges, being “action and omission”, which were no where reflected in the charge sheet came up in the prosecution’s submission, but the two cannot be bundled together, adding that, “Even if the accused failed to comply with a provision of the GNPC law, which we deny, that would not establish criminal liability on his part”.
The high-profile case started in October 2002 with Mr. Osafo Sampong the then Director of Public Prosecutions (DPP) as the prosecutor.
It has seen more adjournments than any other case in Ghana’s history.
In 2002 the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional after Mr. Tsikata, challenged its constitutionality, but that decision was later overturned in a judicial review.
Judgement on the case has been fixed for October 27 the issue of whether or not the International Finance Corporation (IFC) has immunity from the country’s court processes is still pending at the Court of Appeal. The issue of stay of proceeding pending the appeal has, however been dismissed by the Supreme Court.
Mr. Joe Ghartey is the third Attorney General to prosecute this case. The previous two were Nana Akuffo-Addo, the current Foreign Minister and J. Ayikoi Otoo and they were all assisted by Mr. Agustines Obour, an Assistant State Attorney and other Chief State Attorneys.
In all seven witnesses were called by the prosecution while the defence team called one witness in the person of Mr. Francois Arnal, the Country Director of AFD.
There were also two court witnesses from the Merchant Bank Ghana Limited.
Friday,July 22,2006
The Accra Fast Track High Court trying Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), for allegedly causing financial loss to the state will give judgment in the case on October 27.
This follows the closing of addresses by both the prosecution and the defense.
Mr. Tsikata has been charged with three counts of causing financial loss of about 2.3 billion cedis to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise De Development (AFD), in 1991, but defaulted in the payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Mr. Tsikata has pleaded not guilty to all the charges and is on a self-cognizance bail.
Before Mrs. Justice Henrietta Abban, the trial judge, adjourned the case until October Major R.S. Agbenator (rtd), counsel for Mr. Tsikata, finally addressed the court in response to some issues raised by the Attorney General, Mr. Joe Ghartey who is prosecuting the case.
He said that the Attorney General’s claim that Mr. Tsikata caused the loss was, “supported by the majority and the minority” in the Supreme Court was untrue. Since proof beyond reasonable doubt was the required standard.
He further said there was no evidence of the accused delegating authority to make the payments and therefore, being held responsible under section 10(7) of the GNPC Law 64 as contended by the prosecution adding that, “How does receipt of a letter to the accused after the payments charged had already been made at the insistance of a witness showed authorization to Mr. Fabyan, another witness by the accused”.
“It has been claimed that the accused should have put in place a counter guarantee but the provision in the guarantee agreement that put GNPC in the shoes of the lender once it made payment on behalf of the lender was indeed, a form of such security for GNPC”, said Counsel.
On the issue of the GNPC going beyond its core business, Major Agbenator said, “Evidence from board meetings of GNPC as tendered in evidence showed that this was a commercial and economic reality for GNPC and not a fiction”.
He said new charges, being “action and omission”, which were no where reflected in the charge sheet came up in the prosecution’s submission, but the two cannot be bundled together, adding that, “Even if the accused failed to comply with a provision of the GNPC law, which we deny, that would not establish criminal liability on his part”.
The high-profile case started in October 2002 with Mr. Osafo Sampong the then Director of Public Prosecutions (DPP) as the prosecutor.
It has seen more adjournments than any other case in Ghana’s history.
In 2002 the Supreme Court ruled that the Fast Track Court trying the case was unconstitutional after Mr. Tsikata, challenged its constitutionality, but that decision was later overturned in a judicial review.
Judgement on the case has been fixed for October 27 the issue of whether or not the International Finance Corporation (IFC) has immunity from the country’s court processes is still pending at the Court of Appeal. The issue of stay of proceeding pending the appeal has, however been dismissed by the Supreme Court.
Mr. Joe Ghartey is the third Attorney General to prosecute this case. The previous two were Nana Akuffo-Addo, the current Foreign Minister and J. Ayikoi Otoo and they were all assisted by Mr. Agustines Obour, an Assistant State Attorney and other Chief State Attorneys.
In all seven witnesses were called by the prosecution while the defence team called one witness in the person of Mr. Francois Arnal, the Country Director of AFD.
There were also two court witnesses from the Merchant Bank Ghana Limited.
Friday, July 21, 2006
Wrongful surgery case.... Korle-Bu Refuses Boy Medical Attention
By William Yaw Owusu
Friday,July21,2006
The Korle-Bu Teaching Hospital authorities turned turned away the teenage boy who has sued the haspital for negligence, when he went for a medical review on July10, the fast Track High Court trying the suit, heard on Wednesday.
Mr. Thomas Hughes, counsel for Frank Darko,14, said in a statement at the start of the day's hearing that a man called Charles and on of the hospital matrons told his client that the hospital was no more responsible for his healthcare.
"They have meatl in his leg but are refusing to treat him," Mr. Hughes told the court before his client's mother,Mrs. Gladys Darko was cross-examined.
He said he has written to the Ghana Medical and Dental Council to protest the treatment meted out to his client.
Mr. Hughes therefore asked for leave to amend the plaintiff’s statement of case to include the latest development but Mr. Shadrack Arhin, the defence counsel, objected saying, “amendment can be done anytime and this cannot halt the cross examination”.
Mr. Arhin expressed surprise at the new development and said counsel could have alerted him to cross check the facts before telling the court since that was the practice at the bar.
Mr. Justice E.K. Ayebi, the trial judge, upheld the defence's objection.
Frank Darko, sued the Korle-Bu Teaching Hospital for ¢800 million for negligence.
The suit, filed through Frank’s mother, Mrs Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu Teaching Hospital, for a “wrongful operation” they conducted on Frank on September13, last year.
The doctors, according to the suit, operated on Frank’s left knee instead of the right, after he had been diagnosed of a torn patella ligament.The suit further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mrs Darko, the first witness, during the cross-examination said the hospital did not charge her for the surgery on the right knee but added that she paid ¢10,000 anytime she took the son to the hospital for physiotherapy review.
She denied telling the doctors that she applied traditional medicine on the boy’s knee debunking a suggestion by Mr. Arhin that the act had aggravated the boy’s situation.
Mrs Darko told the court that she did not send the son to any other hospital apart from the Korle-Bu.
“We attended the review twice every week and we went on 12 occasions until we could not go again due to lack of funds” she added.
Proceedings were adjourned to July 28.
Friday,July21,2006
The Korle-Bu Teaching Hospital authorities turned turned away the teenage boy who has sued the haspital for negligence, when he went for a medical review on July10, the fast Track High Court trying the suit, heard on Wednesday.
Mr. Thomas Hughes, counsel for Frank Darko,14, said in a statement at the start of the day's hearing that a man called Charles and on of the hospital matrons told his client that the hospital was no more responsible for his healthcare.
"They have meatl in his leg but are refusing to treat him," Mr. Hughes told the court before his client's mother,Mrs. Gladys Darko was cross-examined.
He said he has written to the Ghana Medical and Dental Council to protest the treatment meted out to his client.
Mr. Hughes therefore asked for leave to amend the plaintiff’s statement of case to include the latest development but Mr. Shadrack Arhin, the defence counsel, objected saying, “amendment can be done anytime and this cannot halt the cross examination”.
Mr. Arhin expressed surprise at the new development and said counsel could have alerted him to cross check the facts before telling the court since that was the practice at the bar.
Mr. Justice E.K. Ayebi, the trial judge, upheld the defence's objection.
Frank Darko, sued the Korle-Bu Teaching Hospital for ¢800 million for negligence.
The suit, filed through Frank’s mother, Mrs Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu Teaching Hospital, for a “wrongful operation” they conducted on Frank on September13, last year.
The doctors, according to the suit, operated on Frank’s left knee instead of the right, after he had been diagnosed of a torn patella ligament.The suit further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mrs Darko, the first witness, during the cross-examination said the hospital did not charge her for the surgery on the right knee but added that she paid ¢10,000 anytime she took the son to the hospital for physiotherapy review.
She denied telling the doctors that she applied traditional medicine on the boy’s knee debunking a suggestion by Mr. Arhin that the act had aggravated the boy’s situation.
Mrs Darko told the court that she did not send the son to any other hospital apart from the Korle-Bu.
“We attended the review twice every week and we went on 12 occasions until we could not go again due to lack of funds” she added.
Proceedings were adjourned to July 28.
Court orders siezure of university vehicles
By William Yaw Owusu and Richard Gould
Fiday,July21,2006
Twenty five vehicles belonging to the University of Ghana,Legon, are to be auctioned to defray about 61,940.97 pound sterling being pension arrears from March 1993, to date owed a former expatriate lecturer.
The auction is on the oders of an Accra High Court presided over by Mrs. Justice H. Inkumsah-Abban.
The court, had earlier on January 28, last year awarded 15 million cedis cost against the University.
An inventory of the 25 cars to be auctioned was jointly signed by the Deputy Sheriff’s Officer, E. A. Mensah and the Judgment Debtor on July 12, 2006. It includes buses, minibuses, pick-ups and a tanker
The facts of the case are that when Dr. J.E.M.J. Van Landerwijk was employed by the University from 1958 to September 30, 1983 as a lecturer at the Geology Department.He returned to the university as a visiting lecturer and consultant in 1989.
His contract stipulated that he be paid an annual pension of 4,659.69 pounds sterling with an annual increment of 105 pounds sterling.
When he retired in 1983 the University paid his pension regularly untiln 1993. On November 2, 1987, Dr. Van Landerwijk wrote to his former employer to inquire about his annual increment he was informed that it had been suspended due to “financial constraints”.
Although the University acknowledged that they owed the plaintiff arrears for 19 months they later wrote to him and claimed that he was entitled to an annual pension of 2,364.56 pounds because a mistake had been made in the calculation of the exchange rate.
The University then implemented its decision by converting the pension into cedis from October 1996 and in 1997, Dr. Van Landerwijk brought the University to court where he claimed an additional cost for importing a car into Ghana in 1989—the year he returned to teach at the University.
He further claimed that upon his return he had conducted consultancies on behalf of the University, but was never paid for that.
The University, on the other hand, contested the issue and brought a counter claim that they had brought to Dr. Van Landerwijk’s attention the over-payment due to the error in exchange rate calculation.
They further claimed that the engagement of the plaintiff by the Geology Department at the time was without their consent and had no knowledge of his consulting work on their behalf and sought an order to eject the plaintiff from the University’s bungalow and an order for payment of rent.
The Judge, in her ruling, said, “It can easily be ascertained that the Plaintiff stayed on because he was claiming his entitlement and since has been adjudged to be entitled to his claim it is only fair that he should also now be ready to give up the accommodation and also pay rent calculated based on whatever rent was chargeable from 1997 when the suit was filed”.
The Judge, however, said, “In the interest of justice and fair play I find that the Defendant is entitled to its counter-claim, but can only enforce the judgment of counter-claim after it has paid the plaintiff all his entitlements”.
Fiday,July21,2006
Twenty five vehicles belonging to the University of Ghana,Legon, are to be auctioned to defray about 61,940.97 pound sterling being pension arrears from March 1993, to date owed a former expatriate lecturer.
The auction is on the oders of an Accra High Court presided over by Mrs. Justice H. Inkumsah-Abban.
The court, had earlier on January 28, last year awarded 15 million cedis cost against the University.
An inventory of the 25 cars to be auctioned was jointly signed by the Deputy Sheriff’s Officer, E. A. Mensah and the Judgment Debtor on July 12, 2006. It includes buses, minibuses, pick-ups and a tanker
The facts of the case are that when Dr. J.E.M.J. Van Landerwijk was employed by the University from 1958 to September 30, 1983 as a lecturer at the Geology Department.He returned to the university as a visiting lecturer and consultant in 1989.
His contract stipulated that he be paid an annual pension of 4,659.69 pounds sterling with an annual increment of 105 pounds sterling.
When he retired in 1983 the University paid his pension regularly untiln 1993. On November 2, 1987, Dr. Van Landerwijk wrote to his former employer to inquire about his annual increment he was informed that it had been suspended due to “financial constraints”.
Although the University acknowledged that they owed the plaintiff arrears for 19 months they later wrote to him and claimed that he was entitled to an annual pension of 2,364.56 pounds because a mistake had been made in the calculation of the exchange rate.
The University then implemented its decision by converting the pension into cedis from October 1996 and in 1997, Dr. Van Landerwijk brought the University to court where he claimed an additional cost for importing a car into Ghana in 1989—the year he returned to teach at the University.
He further claimed that upon his return he had conducted consultancies on behalf of the University, but was never paid for that.
The University, on the other hand, contested the issue and brought a counter claim that they had brought to Dr. Van Landerwijk’s attention the over-payment due to the error in exchange rate calculation.
They further claimed that the engagement of the plaintiff by the Geology Department at the time was without their consent and had no knowledge of his consulting work on their behalf and sought an order to eject the plaintiff from the University’s bungalow and an order for payment of rent.
The Judge, in her ruling, said, “It can easily be ascertained that the Plaintiff stayed on because he was claiming his entitlement and since has been adjudged to be entitled to his claim it is only fair that he should also now be ready to give up the accommodation and also pay rent calculated based on whatever rent was chargeable from 1997 when the suit was filed”.
The Judge, however, said, “In the interest of justice and fair play I find that the Defendant is entitled to its counter-claim, but can only enforce the judgment of counter-claim after it has paid the plaintiff all his entitlements”.
Igbo community adopts by-laws
By William Yaw Owusu
Friday,July21,2006
A set of by-laws to regulate activities of the Igbo community of Nigeria resident in Ghana has been launched in Accra.
The move is to check recalcitrant members who are giving their country a bad name and to support development activities back home.
The first copy of the document, titled ‘Constitution for the Igbo Community in Ghana’, was brought for ¢10 million by Chief G. N. Mokwogwo, managing director of Worldwide Electricals.
Launching it, Chief Mokwogwo said, “Protecting the image of our country has been of great concern to all Nigerians and it is up to those of us who are seeking greener pastures to serve as good ambassadors.”
He said the Igbos living in Ghana had accepted the challenge to support the regional integration process of ECOWAS and would do everything possible to help in its promotion.
Chief Mokwogwo further said that they were making efforts to assist and support the youth in their endeavours.
The function attracted many Igbos living around Ghana and was supported by their Hausa colleagues from the northern states of Nigeria.
Friday,July21,2006
A set of by-laws to regulate activities of the Igbo community of Nigeria resident in Ghana has been launched in Accra.
The move is to check recalcitrant members who are giving their country a bad name and to support development activities back home.
The first copy of the document, titled ‘Constitution for the Igbo Community in Ghana’, was brought for ¢10 million by Chief G. N. Mokwogwo, managing director of Worldwide Electricals.
Launching it, Chief Mokwogwo said, “Protecting the image of our country has been of great concern to all Nigerians and it is up to those of us who are seeking greener pastures to serve as good ambassadors.”
He said the Igbos living in Ghana had accepted the challenge to support the regional integration process of ECOWAS and would do everything possible to help in its promotion.
Chief Mokwogwo further said that they were making efforts to assist and support the youth in their endeavours.
The function attracted many Igbos living around Ghana and was supported by their Hausa colleagues from the northern states of Nigeria.
Publishers back in court
By William Yaw Owusu
Firday,July21,2006
The Ghana Book Publishers Association (GBPA) suit against the Ministry of Education, Science and Sports (MOES) and two others over the award of a 28-million dollar contract to Macmillan Education Limited has been brought back to court.
This followed the failure of the parties to get the matter settled out-of- court as they indicated to the court at an earlier sitting.
The other two defendants are Public Procurement Board (PPB) and the GETFund Board.
Mr. Jacob Acquah Sampson, counsel for GBPA, who proposed the out-of-court settlement yesterday told the Fast Track High Court: “We have been unable to make progress in respect of the out-of-court settlement so we want the court to proceed with the matter”.
Mrs. Dorothy Afriyie Ansah, counsel for MOES, then cut in to say “We are not aware of any settlement. It was the applicants who said this but when we wrote to the ministry to enquire, there was no response to that effect”.
Nene Amegatcher, counsel for PPB said “We have no objection to whatever the MOES says.The textbooks which are the subject-matter are supposed to be procured in the 2005/2006 academic year but if care is not taken, it is going to affect the new 2006/2007 academic year which starts in September”
The court presided over by Justice E.K. Ayebi, therefore adjourned the matter to October 18, for judgement.
The GBPA has sued the MOES together with the Public Procurement Board (PPB) and the GETFund Board for allegedly awarding a 28 million dollar to Macmillan Educational Limited for the supply of textbooks.
They want the court to restrain the defendants from proceeding to award the contract until the final determination of the suit.
Initially, the GETFund Board wanted its name to be struck out of the suit but the court that it (the Boad), as the third defendant, was a necessary party to the process.
The GBPA in its statement of claim, 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 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 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.
Firday,July21,2006
The Ghana Book Publishers Association (GBPA) suit against the Ministry of Education, Science and Sports (MOES) and two others over the award of a 28-million dollar contract to Macmillan Education Limited has been brought back to court.
This followed the failure of the parties to get the matter settled out-of- court as they indicated to the court at an earlier sitting.
The other two defendants are Public Procurement Board (PPB) and the GETFund Board.
Mr. Jacob Acquah Sampson, counsel for GBPA, who proposed the out-of-court settlement yesterday told the Fast Track High Court: “We have been unable to make progress in respect of the out-of-court settlement so we want the court to proceed with the matter”.
Mrs. Dorothy Afriyie Ansah, counsel for MOES, then cut in to say “We are not aware of any settlement. It was the applicants who said this but when we wrote to the ministry to enquire, there was no response to that effect”.
Nene Amegatcher, counsel for PPB said “We have no objection to whatever the MOES says.The textbooks which are the subject-matter are supposed to be procured in the 2005/2006 academic year but if care is not taken, it is going to affect the new 2006/2007 academic year which starts in September”
The court presided over by Justice E.K. Ayebi, therefore adjourned the matter to October 18, for judgement.
The GBPA has sued the MOES together with the Public Procurement Board (PPB) and the GETFund Board for allegedly awarding a 28 million dollar to Macmillan Educational Limited for the supply of textbooks.
They want the court to restrain the defendants from proceeding to award the contract until the final determination of the suit.
Initially, the GETFund Board wanted its name to be struck out of the suit but the court that it (the Boad), as the third defendant, was a necessary party to the process.
The GBPA in its statement of claim, 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 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 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.
Supreme Court rejects Tsikata's application
By William Yaw Owusu
Thursday, July20,2006
The Supreme Court in Accra yesterday, in a unanimous decision, dismissed a stay of proceedings application filed by Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, who is standing trial at a High Court for allegedly causing financial loss to the state.
The Fast Track High Court where Mr. Tsikata is standing trial had ruled that the International Finance Corporation IFC, “has immunity” from the country’s court processes after he had decided to call them to testify in the case.
Mr. Tsikata then filed an appeal for stay of proceeding pending the determination of the IFC’s immunity issue, which the Court of Appeal dismissed saying it was without merit.
Not satisfied, he filed for a judicial review at the highest court of the land and sought a “certiorari” order to quash the Court of Appeal’s decision not to order stay proceedings at the trial court.
In dismissing the application, Mrs. Justice Georgina Wood, who presided over the five-member panel, said, “In the opinion of the court we find no merit in this application since the appellant did not come through the proper avenue”.
The court said that Mr. Tsikata should have resorted to an appeal process because the grounds on which he based his application were not available in a judicial review and added that although there might be errors in the decisions of the lower courts “the avenue opened to the appellant is by way of an appeal an application for review”
The court said an appeal and judicial review were two distinct processes which the appellant failed to consider adding that the argument by Mr. Tsikata that there is an error on the face of the law was untenable.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a
possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Thursday, July20,2006
The Supreme Court in Accra yesterday, in a unanimous decision, dismissed a stay of proceedings application filed by Mr. Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, who is standing trial at a High Court for allegedly causing financial loss to the state.
The Fast Track High Court where Mr. Tsikata is standing trial had ruled that the International Finance Corporation IFC, “has immunity” from the country’s court processes after he had decided to call them to testify in the case.
Mr. Tsikata then filed an appeal for stay of proceeding pending the determination of the IFC’s immunity issue, which the Court of Appeal dismissed saying it was without merit.
Not satisfied, he filed for a judicial review at the highest court of the land and sought a “certiorari” order to quash the Court of Appeal’s decision not to order stay proceedings at the trial court.
In dismissing the application, Mrs. Justice Georgina Wood, who presided over the five-member panel, said, “In the opinion of the court we find no merit in this application since the appellant did not come through the proper avenue”.
The court said that Mr. Tsikata should have resorted to an appeal process because the grounds on which he based his application were not available in a judicial review and added that although there might be errors in the decisions of the lower courts “the avenue opened to the appellant is by way of an appeal an application for review”
The court said an appeal and judicial review were two distinct processes which the appellant failed to consider adding that the argument by Mr. Tsikata that there is an error on the face of the law was untenable.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a
possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Wednesday, July 19, 2006
At The Tsikata Trial
By William Yaw Owusu
Wednesday, 19 July 2006
The Attorney General and Minister of Justice, Joe Ghartey, yesterday concluded his address before the Accra Fast Track High Court where Tsatsu Tsikata , former Chief Executive of the Ghana National Petroleum Corporation (GNPC), is standing trial for allegedly causing financial loss to the state.
Immediately the Attorney General finished addressing the court, Major R.S. Agbenator (rtd), counsel for Tsatsu, indicated to Mrs. Justice Henrietta Abban, the trial judge, that the defence would like to address the court on some of the issues that had been raised by the prosecution in its address.
The judge obliged, saying, “I will use my discretion to grant you this even though you have not got the right to reply to the AG’s address.” she subsequently adjourned the case to today to enable the defence to address the court on those issues.
Tsikata has been charged with three counts of causing financial loss of about ў2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise De Development (AFD), in 1991, but defaulted in the payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Mr. Tsikata has pleaded not guilty to all the charges and is on a self-cognisance bail.
Concluding his address, Mr.Ghartey told the court that Mr. Tsikata was not permitted by law to use funds of a public corporation to acquire shares in a private establishment. He pointed out that the accused had not denied the fact that ў20 million was used to acquire shares from Valley Farms.
“He used GNPC funds for a wrong purpose hence the charge of misapplying public funds. Our case is that the accused was charged with respect to the payments that he authorised in October, November and December of 1996 and not any guarantee payment,” the AG said.
“The entirety of his act formed the basis of his prosecution,” he added.
In a related development, the Court of Appeal has unanimously dismissed Mr. Tsikata’s motion that sought to invite the second highest court of the land to set aside an order granting immunity to the International Finance Corporation (IFC).
The three-member panel, presided over by Mr. Justice S.K Anim, said the court did not find any merit in Mr. Tsikata’s application and added that the IFC within the meaning of Rule 67 of the courts’ rules was not a party in the action.
The court said that the Order 31 relied on by Mr. Tsikata to invoke the court’s inherent jurisdiction to get the IFC to appear in the substantive appeal over the immunity issue, did not apply in criminal cases but rather to civil appeals.
“The application before this court was not brought under any known rule and counsel had admitted this when he moved the motion and even said that the IFC is a desired or desirable witness that is why we want them to come,” the court said,quoting Mr Tsikata’s counsel.
The court is expected to hear the substantive appeal on July 24.
The other Justices on the panel were K. Twenebaoh-Koduah and F. Kusi Appiah.
By William Yaw Owusu
Wednesday, 19 July 2006
The Attorney General and Minister of Justice, Joe Ghartey, yesterday concluded his address before the Accra Fast Track High Court where Tsatsu Tsikata , former Chief Executive of the Ghana National Petroleum Corporation (GNPC), is standing trial for allegedly causing financial loss to the state.
Immediately the Attorney General finished addressing the court, Major R.S. Agbenator (rtd), counsel for Tsatsu, indicated to Mrs. Justice Henrietta Abban, the trial judge, that the defence would like to address the court on some of the issues that had been raised by the prosecution in its address.
The judge obliged, saying, “I will use my discretion to grant you this even though you have not got the right to reply to the AG’s address.” she subsequently adjourned the case to today to enable the defence to address the court on those issues.
Tsikata has been charged with three counts of causing financial loss of about ў2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise De Development (AFD), in 1991, but defaulted in the payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Mr. Tsikata has pleaded not guilty to all the charges and is on a self-cognisance bail.
Concluding his address, Mr.Ghartey told the court that Mr. Tsikata was not permitted by law to use funds of a public corporation to acquire shares in a private establishment. He pointed out that the accused had not denied the fact that ў20 million was used to acquire shares from Valley Farms.
“He used GNPC funds for a wrong purpose hence the charge of misapplying public funds. Our case is that the accused was charged with respect to the payments that he authorised in October, November and December of 1996 and not any guarantee payment,” the AG said.
“The entirety of his act formed the basis of his prosecution,” he added.
In a related development, the Court of Appeal has unanimously dismissed Mr. Tsikata’s motion that sought to invite the second highest court of the land to set aside an order granting immunity to the International Finance Corporation (IFC).
The three-member panel, presided over by Mr. Justice S.K Anim, said the court did not find any merit in Mr. Tsikata’s application and added that the IFC within the meaning of Rule 67 of the courts’ rules was not a party in the action.
The court said that the Order 31 relied on by Mr. Tsikata to invoke the court’s inherent jurisdiction to get the IFC to appear in the substantive appeal over the immunity issue, did not apply in criminal cases but rather to civil appeals.
“The application before this court was not brought under any known rule and counsel had admitted this when he moved the motion and even said that the IFC is a desired or desirable witness that is why we want them to come,” the court said,quoting Mr Tsikata’s counsel.
The court is expected to hear the substantive appeal on July 24.
The other Justices on the panel were K. Twenebaoh-Koduah and F. Kusi Appiah.
Wednesday, 19 July 2006
The Attorney General and Minister of Justice, Joe Ghartey, yesterday concluded his address before the Accra Fast Track High Court where Tsatsu Tsikata , former Chief Executive of the Ghana National Petroleum Corporation (GNPC), is standing trial for allegedly causing financial loss to the state.
Immediately the Attorney General finished addressing the court, Major R.S. Agbenator (rtd), counsel for Tsatsu, indicated to Mrs. Justice Henrietta Abban, the trial judge, that the defence would like to address the court on some of the issues that had been raised by the prosecution in its address.
The judge obliged, saying, “I will use my discretion to grant you this even though you have not got the right to reply to the AG’s address.” she subsequently adjourned the case to today to enable the defence to address the court on those issues.
Tsikata has been charged with three counts of causing financial loss of about ў2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise De Development (AFD), in 1991, but defaulted in the payment thus compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Mr. Tsikata has pleaded not guilty to all the charges and is on a self-cognisance bail.
Concluding his address, Mr.Ghartey told the court that Mr. Tsikata was not permitted by law to use funds of a public corporation to acquire shares in a private establishment. He pointed out that the accused had not denied the fact that ў20 million was used to acquire shares from Valley Farms.
“He used GNPC funds for a wrong purpose hence the charge of misapplying public funds. Our case is that the accused was charged with respect to the payments that he authorised in October, November and December of 1996 and not any guarantee payment,” the AG said.
“The entirety of his act formed the basis of his prosecution,” he added.
In a related development, the Court of Appeal has unanimously dismissed Mr. Tsikata’s motion that sought to invite the second highest court of the land to set aside an order granting immunity to the International Finance Corporation (IFC).
The three-member panel, presided over by Mr. Justice S.K Anim, said the court did not find any merit in Mr. Tsikata’s application and added that the IFC within the meaning of Rule 67 of the courts’ rules was not a party in the action.
The court said that the Order 31 relied on by Mr. Tsikata to invoke the court’s inherent jurisdiction to get the IFC to appear in the substantive appeal over the immunity issue, did not apply in criminal cases but rather to civil appeals.
“The application before this court was not brought under any known rule and counsel had admitted this when he moved the motion and even said that the IFC is a desired or desirable witness that is why we want them to come,” the court said,quoting Mr Tsikata’s counsel.
The court is expected to hear the substantive appeal on July 24.
The other Justices on the panel were K. Twenebaoh-Koduah and F. Kusi Appiah.
Tuesday, July 18, 2006
Minister, 10 Others Freed Of Contempt
By William Owusu & Richard Gould
Tuesday, 18 July 2006
A Fast Track High Court in Accra, yesterday exonerated the Minister of Lands, Forestry and Mines, along with 10 Forestry Commission Officials from contempt charges.
The contempt suit was brought against Professor Dominic Fobih and the 10 officials by the Ghana Association of Forest Plantation Wood Millers and Exporters (GHATEX) who claimed that the defendants had gone ahead to organize a competitive bidding for plantation timber and forest reserves despite a court order not to do so.
The officials include John Otoo, Chief Executive, Owusu Abebrese, Executive Director, R K Bamfo, Head of Timber Rights Evaluation Unit Noble Biney; Director of Finance and Administration, Dei Amoah and Edward Ameyaw, both members.
The rest are Augustine Arthur Amo, Solicitor, Gene Birikorang, member and Peter Boateng, acting board chairman.
In the suit which brought about the contempt, GHATEX led by its vice-President, Richard Asante-Bediako, claimed that if the Commission was not restrained until proper measures were taken in organising a competitive bidding for plantation timber and forest reserves, it would cause irreparable damage to the timber industry and the economy at large.
The court, presided over by Mr. Justice P. K. Gyaesayo, in exonerating defendants said a high degree of proof was required of the initiator of the action to show that the defendants had indeed been in contempt of court.
The judge said Mr. Bediako, who initiated the action, failed to prove that the defendants’ acts amounted to contempt, adding that, “his capacity as GHATEX executive is in serious doubt and did not have the authority to initiate the action”.
The court further said that during the trial Mr. Bediako’s witness had said that he served one Ben Asante and not the solicitor of the Forestry Commission while Mr. Otoo himself had admitted being served with the injunction notice but was able to explain that he received it when the whole bidding exercise was nearing completion.
Tuesday, 18 July 2006
A Fast Track High Court in Accra, yesterday exonerated the Minister of Lands, Forestry and Mines, along with 10 Forestry Commission Officials from contempt charges.
The contempt suit was brought against Professor Dominic Fobih and the 10 officials by the Ghana Association of Forest Plantation Wood Millers and Exporters (GHATEX) who claimed that the defendants had gone ahead to organize a competitive bidding for plantation timber and forest reserves despite a court order not to do so.
The officials include John Otoo, Chief Executive, Owusu Abebrese, Executive Director, R K Bamfo, Head of Timber Rights Evaluation Unit Noble Biney; Director of Finance and Administration, Dei Amoah and Edward Ameyaw, both members.
The rest are Augustine Arthur Amo, Solicitor, Gene Birikorang, member and Peter Boateng, acting board chairman.
In the suit which brought about the contempt, GHATEX led by its vice-President, Richard Asante-Bediako, claimed that if the Commission was not restrained until proper measures were taken in organising a competitive bidding for plantation timber and forest reserves, it would cause irreparable damage to the timber industry and the economy at large.
The court, presided over by Mr. Justice P. K. Gyaesayo, in exonerating defendants said a high degree of proof was required of the initiator of the action to show that the defendants had indeed been in contempt of court.
The judge said Mr. Bediako, who initiated the action, failed to prove that the defendants’ acts amounted to contempt, adding that, “his capacity as GHATEX executive is in serious doubt and did not have the authority to initiate the action”.
The court further said that during the trial Mr. Bediako’s witness had said that he served one Ben Asante and not the solicitor of the Forestry Commission while Mr. Otoo himself had admitted being served with the injunction notice but was able to explain that he received it when the whole bidding exercise was nearing completion.
Monday, July 17, 2006
Court Throws Out Akwetey's Suit
By William Yaw Owusu
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice .
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice .
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Court Throws Out Akwetey's Suit
By Willaim Yaw Owusu
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice.
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice.
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Bail For Cocaine Suspects Rejected
By William Yaw Owusu
Monday, 17 July 2006
Counsel for one of the two Venezuelans arrested for the importation of 588 kilogrammes of cocaine on Friday accused the prosecution of “twisting” facts to suit their prosecution’s case.
Mr. Kwabla Dogbe Senanu, Counsel for the second accused, Halo Cabeza Castillo, 38, a businessman who was in court for the second time to enter his plea, was applying for bail for his client.
But in a quick reaction, Ms Getrude Aikins, the Chief State Attorney who led the prosecution, refuted the allegation saying that Castillo and his co-accused, Joe Mella, 35, a machine operator, were being held on reasonable suspicion in accordance with the law.
Mr. Justice E. K. Ayebi, the trial judge, remanded the two until July 21 for full trial to commence, saying that counsel had not been able to convince the court that it should grant bail to the accused.
He explained that the accused had not been able to tell the police of their places of abode while the nature of their business was unclear and they had refused to surrender their passports.
The Spanish interpreter requested for the accused was in court to assist in the proceedings.
The two pleaded not guilty to three counts of conspiracy, importation of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
Before presenting the facts Ms Aikins asked the court to take judicial notice of the fact that, “What is being presented may not be the final investigation because the police are yet to track down a man called Vasquez who is believed to be their leader.”
On November 24 last year, police detectives, led by Superintendent Edward Tabiri, acting on a tip-off, went to a house with number 348 at Mempeasem in East Lagon, Accra and found Mella there.
“He was arrested and he led the team to the upper floor of the house where a thorough search was conducted,” the prosecutor said.
During the search, three bottles of ammonized substance used to turn cocaine into crack, a vacuum machine used to compress the cocaine into compact pieces, 13 gloves, white polythene wrappers and KLM Cargo stickers, were allegedly discovered among other items.
Other items found there were brown cellotape, a testing bottle believed to be for testing cocaine, exercise books showing records of sales, and cell phones showing contact numbers of business partners.
“When the officers peeped through the key hole of the room opposite that of Mella, they saw cartons packed there and therefore requested for the keys but he refused so the search team forced the door open.”
In that room, the prosecutor said, the police found a number of compressed and wrapped items in boxes. The Ghana Standards Board tested the contents to be cocaine.
She said Mella had claimed the cocaine belonged to one Shamo or Bude, but investigators revealed that it was Vasquez that he was referring to.
The prosecutor told the court that in another room some of the drugs had been mixed with water and Mella even advised the police to “separate it from the rest of the 588 kilogrammes otherwise the whole thing could get destroyed.”
In the process, Castillo came to the house and was also arrested. When his phone was seized the police found the same number which belonged to Vasquez on that phone.
Vasquez and a Dutchman called Vicente had set up a company called Compitex Limited and each owned 40 per cent of the shares with the remaining 20 per cent belonging to one Grace Asibi, the Ghanaian girlfriend of Vasquez.
She said the company was set up to do import and export business with Vasquez as the Managing Director, but “this business was a front for the narcotics trade.”
The prosecutor said Vasquez rented the house at a monthly rent of 800 dollars. He failed to secure entry visas for Mella and Castillo in August last year but managed to bring Mella on September 9, the same year.
Monday, 17 July 2006
Counsel for one of the two Venezuelans arrested for the importation of 588 kilogrammes of cocaine on Friday accused the prosecution of “twisting” facts to suit their prosecution’s case.
Mr. Kwabla Dogbe Senanu, Counsel for the second accused, Halo Cabeza Castillo, 38, a businessman who was in court for the second time to enter his plea, was applying for bail for his client.
But in a quick reaction, Ms Getrude Aikins, the Chief State Attorney who led the prosecution, refuted the allegation saying that Castillo and his co-accused, Joe Mella, 35, a machine operator, were being held on reasonable suspicion in accordance with the law.
Mr. Justice E. K. Ayebi, the trial judge, remanded the two until July 21 for full trial to commence, saying that counsel had not been able to convince the court that it should grant bail to the accused.
He explained that the accused had not been able to tell the police of their places of abode while the nature of their business was unclear and they had refused to surrender their passports.
The Spanish interpreter requested for the accused was in court to assist in the proceedings.
The two pleaded not guilty to three counts of conspiracy, importation of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
Before presenting the facts Ms Aikins asked the court to take judicial notice of the fact that, “What is being presented may not be the final investigation because the police are yet to track down a man called Vasquez who is believed to be their leader.”
On November 24 last year, police detectives, led by Superintendent Edward Tabiri, acting on a tip-off, went to a house with number 348 at Mempeasem in East Lagon, Accra and found Mella there.
“He was arrested and he led the team to the upper floor of the house where a thorough search was conducted,” the prosecutor said.
During the search, three bottles of ammonized substance used to turn cocaine into crack, a vacuum machine used to compress the cocaine into compact pieces, 13 gloves, white polythene wrappers and KLM Cargo stickers, were allegedly discovered among other items.
Other items found there were brown cellotape, a testing bottle believed to be for testing cocaine, exercise books showing records of sales, and cell phones showing contact numbers of business partners.
“When the officers peeped through the key hole of the room opposite that of Mella, they saw cartons packed there and therefore requested for the keys but he refused so the search team forced the door open.”
In that room, the prosecutor said, the police found a number of compressed and wrapped items in boxes. The Ghana Standards Board tested the contents to be cocaine.
She said Mella had claimed the cocaine belonged to one Shamo or Bude, but investigators revealed that it was Vasquez that he was referring to.
The prosecutor told the court that in another room some of the drugs had been mixed with water and Mella even advised the police to “separate it from the rest of the 588 kilogrammes otherwise the whole thing could get destroyed.”
In the process, Castillo came to the house and was also arrested. When his phone was seized the police found the same number which belonged to Vasquez on that phone.
Vasquez and a Dutchman called Vicente had set up a company called Compitex Limited and each owned 40 per cent of the shares with the remaining 20 per cent belonging to one Grace Asibi, the Ghanaian girlfriend of Vasquez.
She said the company was set up to do import and export business with Vasquez as the Managing Director, but “this business was a front for the narcotics trade.”
The prosecutor said Vasquez rented the house at a monthly rent of 800 dollars. He failed to secure entry visas for Mella and Castillo in August last year but managed to bring Mella on September 9, the same year.
Court Frees 3 In Nsawam Cannery Case
By William Yaw Owusu
Friday, 14 July 2006
A Fast Track High Court in Accra yesterday discharged three persons standing trial together with Nana Konadu Agyemang Rawlings, former First Lady, and five others for their alleged involvement in the divestiture of Nsawam Cannery.
They are Georgina Okaitey, Director, George Mould, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company Limited (CDCL).
This follows a submission by the Attorney-General, Mr. Joe Ghartey, who is prosecuting the case that they were withdrawing the charges against the three.
He said the prosecution withdrew charges against the three under section 59 of Act 30.
With this development, when the case resumes on July 26, the adjourned date, those who will be in court will be the former First Lady, Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Benson Owusu, former DIC Accountant (who was not in court due to ill-health), Kwame Peprah, former Finance Minister and DIC chairman and Hanny Sherry Ayittey, Director of CDCL .
The court, presided over by Mr. Justice Paul Baffoe-Bonnie, however, dismissed a Stay of Proceedings application which had been filed by CDCL, pending the determination of a civil suit which the CDCL had argued had a bearing on this criminal action.
Carridem Development Company Limited (CDCL), had filed the application, asking that a civil suit between them and the Divestiture Implementation Committee (DIC) and the Attorney General in another court should be determined before “this criminal action can go on”.
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.
Dismissing the application, Mr. Justice Baffoe-Bonnie said, “If the court finds out that the institution of the present criminal proceedings is an abuse of the Court processes it will not bar the court from so declaring.”
“Council knows and concedes that the Attorney-General has a much heavier burden of proof in a criminal trial. I have looked at the application and all the countervailing circumstances and I am convinced that this is not a case that should attract the comment ‘Abuse of Judicial Process’, by counsel for the accused”, the Judge said.
Though Mr. Tony Lithur, counsel for CDCL, had argued that the matter had generated public interest and proceeding with the trial of the accused, some of whom are political figures, could erode public confidence and interest in the judiciary.
The Judge responded that, “This would very well pass for a powerful statement to be issued by a politician or delivered on a political platform. But canvassed by a learned counsel before a law court, it is really unfortunate.”
He said the judiciary should see everybody as equal before the law and should do its work without fear or favor adding that, “The Attorney-General should be allowed to do his work
Let him initiate the action and the court is here to determine whether the action should proceed.”
Bukom Square Area Not For Sale
By William Yaw Owusu
Friday, 14 July 2006
The Mayor of Accra, Nii Stanley Adjiri-Blankson, has stated that neither the government nor the Accra Metropolitan Assembly intends to "hijack" Bukom Square and sell it to foreigners.
Bukom Square, located in the heart of Accra, is the venue for public gatherings and a place of historical and sentimental significance to the Ga people.
Nii Adjiri-Blankson said this last Thursday when Numo Blafo Akotia Omaetu III, Chief Priest (Wulomo) of Asere in Ga Mashie in the Greater Accra Region, paid a courtesy call on him at his office in Accra.
Numo Omaetu’s visit was to show his appreciation to the Mayor and the assembly for sponsoring him to read Diploma in Communication Studies at the Africa Institute of Journalism, a private communication training institute in Accra.
The Mayor said that for sometime now, any attempts by the assembly to embark on projects to uplift the standard of living in Bukom and its environs are met with fierce resistance from the people.
"We need to start educating our people to stop reading meaning into any attempt to facelift the Bukom area since we are seriously lagging behind in development".
He said the Ga State "has lost a bite in leadership" and that had led to a high rate of indiscipline, especially among the youth.
"Bukom and other places have become ‘no go’ areas. .Our people have turned the streets into dwelling places and nobody seems ready to correct the situation," he said.
Nii Adjiri-Blankson said unemployment rate is very high in the area, "yet when you attempt to offer them jobs, they will attach conditions to the offer".
"This cannot continue. The time has come for all Gas in high positions to come together and find a common solution to the problem because our people cannot live in this situation forever", he added.
The Mayor commended Numo Omaetu for taking the initiative to educate himself saying, "this is an eye opener because it will bring dignity and respect to the Ga traditional institution".
He urged all traditional leaders to emulate Numo Omaetu assuring, "the assembly is prepared to support such efforts".
Numo Omaetu promised to use his experience acquired from the studies to restore and protect the cultural heritage of the Ga people.
Friday, 14 July 2006
The Mayor of Accra, Nii Stanley Adjiri-Blankson, has stated that neither the government nor the Accra Metropolitan Assembly intends to "hijack" Bukom Square and sell it to foreigners.
Bukom Square, located in the heart of Accra, is the venue for public gatherings and a place of historical and sentimental significance to the Ga people.
Nii Adjiri-Blankson said this last Thursday when Numo Blafo Akotia Omaetu III, Chief Priest (Wulomo) of Asere in Ga Mashie in the Greater Accra Region, paid a courtesy call on him at his office in Accra.
Numo Omaetu’s visit was to show his appreciation to the Mayor and the assembly for sponsoring him to read Diploma in Communication Studies at the Africa Institute of Journalism, a private communication training institute in Accra.
The Mayor said that for sometime now, any attempts by the assembly to embark on projects to uplift the standard of living in Bukom and its environs are met with fierce resistance from the people.
"We need to start educating our people to stop reading meaning into any attempt to facelift the Bukom area since we are seriously lagging behind in development".
He said the Ga State "has lost a bite in leadership" and that had led to a high rate of indiscipline, especially among the youth.
"Bukom and other places have become ‘no go’ areas. .Our people have turned the streets into dwelling places and nobody seems ready to correct the situation," he said.
Nii Adjiri-Blankson said unemployment rate is very high in the area, "yet when you attempt to offer them jobs, they will attach conditions to the offer".
"This cannot continue. The time has come for all Gas in high positions to come together and find a common solution to the problem because our people cannot live in this situation forever", he added.
The Mayor commended Numo Omaetu for taking the initiative to educate himself saying, "this is an eye opener because it will bring dignity and respect to the Ga traditional institution".
He urged all traditional leaders to emulate Numo Omaetu assuring, "the assembly is prepared to support such efforts".
Numo Omaetu promised to use his experience acquired from the studies to restore and protect the cultural heritage of the Ga people.
Thursday, July 13, 2006
"President Can't Probe Chief Justice"
By William Yaw Owusu and Richard Gould
Thursday,July 13,2006
The Supreme Court in Accra yesterday unanimously ruled that the President can not set up a committee to investigate the Chief Justice unless sufficient evidence has been established to support allegations of abuse of office and judicial misconduct brought against him.
In legal parlance, a prima facie case must be established against the Chief Justice before an investigation can be conducted.
“Upon the true and proper interpretation of article 146 of the 1992 Constitution, a prima facie case is required to be established against the Chief Justice prior to the setting up of the committee by the President,” said Ms Justice Sophia Akuffo who presided over the seven-member panel.
Other members of the panel were Justices Georgina T. Wood, Dr S.K Date-Bah, Professor Modibo Tawiah Ocran, Julius Ansah, S.O. Adinyira and S.K. Asiamah.
Frank Agyei Twum, of the Statesman Communication Limited, filed the suit at the Supreme Court to halt a petition by Mr. Bright Akwetey, a lawyer to President J. A. Kufuor, to set up a committee to investigate the Chief Justice, Mr. George Kingsley Acquah for alleged judicial misconduct and abuse of power.
The suit, which cited the Attorney General and Mr. Akwetey as defendants, sought to invoke the original jurisdiction of the highest court in the land to intervene in the matter.
Mr. Twum’s suit, filed on April 3, sought among other things for a declaration that the petition presented by Mr. Akwetey on January 13, calling for the removal of the Chief Justice was inconsistent with article 125(4) of the Constitution.
He also wanted a declaration that Mr. Akwetey was not entitled to present his petition in his personal capacity as a lawyer and officer of the court and that the appointment by the President of a Committee of inquiry into the petitioner’s claim infringed on Article 127(1) and (2) of the Constitution.
The Court said the President’s consultation with the Council of State in setting up the Committee should have been preceded by the determination of a prima facie case against the Chief Justice and added that the Committee, as it is now, is null and void.
The Court also said that communication by Mr. Akwetey of the petition to persons other than the President alone was in contravention of the rules of the Constitution.
Reading the Court’s judgement Mr. Justice S. K. Date-Bah, a panel member, said, “If you compare article 146(3) and 146(6) there is a gap in the logical sequencing in the law and the Chief Justice must be given the benefit of a prior determination of a prima facie case before the committee could start investigating.
He made it clear that the declaration granted by the court in no way diminished the accountability of the Chief Justice as a public office holder adding that, “I am in no way saying that Mr. Akwetey’s petition is frivolous.”
The court said that the administrative acts of the Chief Justice were not immune from inquiry, but added, “There must first be a prima facie case before the President can act on the petition of a citizen.”
The court said that the Constitution, as it is now, was not explicit on article 146 where a citizen could file a petition for the removal of the Chief Justice and the committee to be set up to do the investigation was also not well defined.
The court said that Mr. Akwetey had the capacity to institute the action in his personal capacity contrary to the plaintiff’s assertion that the defendant was an officer of the court and could not do that.
On the issue of how the details of the petition got into the public domain the court said Mr. Akwetey was wrong to have circulated his petition to other people other than to the President alone because “it is not safe to impugn the integrity of judges in public, especially when the allegations turn out to be false and article 146(8) strongly supports this.”
The panelists took turns to give their views on article 146. Justice Akuffo remarked: “article 146 gives too much room for personal opinions and needs to be properly reconstructed to give meaning to its constitutional outlook.”
Prof. Justice Ocran said, “We are entitled to fill any gap that is left in article 146 in order to realize the dream of the framers of the Constitution and this makes the establishment of a prima facie case more compelling before the committee described under the article can be made to work.”
Mr. Justice Asiamah said, “Without first establishing a prima facie case against a superior court judge, of which the Chief Justice is one, the President will have no power, constitutionally, to set up a committee to start investigating him straight away.”
Mrs. Justice Adinyira said, “There is no compelling reason why such procedural protection should not be accorded the Chief Justice,” and
Mrs. Justice T. Wood and Mr. Justice Ansah both concurred with the views of the other members.
The panel however expressed their misgivings about the attitude displayed by the Attorney General’s Department after they failed to file a defence in the case saying, “taking active participation could have helped our judicial jurisprudence.”
Before delivering its judgement the Court gave reasons for overruling an objection raised by Mr. Akwetey on the issue of the Chief Justice paneling members who sat on the case.
The Court said empanelling judges was CJ’s administrative duty and not a judicial duty, adding that Mr. Akwetey did not provide any evidence of the breach of natural justice that he raised.
The ruling took approximately four and a half hours to deliver.
Thursday,July 13,2006
The Supreme Court in Accra yesterday unanimously ruled that the President can not set up a committee to investigate the Chief Justice unless sufficient evidence has been established to support allegations of abuse of office and judicial misconduct brought against him.
In legal parlance, a prima facie case must be established against the Chief Justice before an investigation can be conducted.
“Upon the true and proper interpretation of article 146 of the 1992 Constitution, a prima facie case is required to be established against the Chief Justice prior to the setting up of the committee by the President,” said Ms Justice Sophia Akuffo who presided over the seven-member panel.
Other members of the panel were Justices Georgina T. Wood, Dr S.K Date-Bah, Professor Modibo Tawiah Ocran, Julius Ansah, S.O. Adinyira and S.K. Asiamah.
Frank Agyei Twum, of the Statesman Communication Limited, filed the suit at the Supreme Court to halt a petition by Mr. Bright Akwetey, a lawyer to President J. A. Kufuor, to set up a committee to investigate the Chief Justice, Mr. George Kingsley Acquah for alleged judicial misconduct and abuse of power.
The suit, which cited the Attorney General and Mr. Akwetey as defendants, sought to invoke the original jurisdiction of the highest court in the land to intervene in the matter.
Mr. Twum’s suit, filed on April 3, sought among other things for a declaration that the petition presented by Mr. Akwetey on January 13, calling for the removal of the Chief Justice was inconsistent with article 125(4) of the Constitution.
He also wanted a declaration that Mr. Akwetey was not entitled to present his petition in his personal capacity as a lawyer and officer of the court and that the appointment by the President of a Committee of inquiry into the petitioner’s claim infringed on Article 127(1) and (2) of the Constitution.
The Court said the President’s consultation with the Council of State in setting up the Committee should have been preceded by the determination of a prima facie case against the Chief Justice and added that the Committee, as it is now, is null and void.
The Court also said that communication by Mr. Akwetey of the petition to persons other than the President alone was in contravention of the rules of the Constitution.
Reading the Court’s judgement Mr. Justice S. K. Date-Bah, a panel member, said, “If you compare article 146(3) and 146(6) there is a gap in the logical sequencing in the law and the Chief Justice must be given the benefit of a prior determination of a prima facie case before the committee could start investigating.
He made it clear that the declaration granted by the court in no way diminished the accountability of the Chief Justice as a public office holder adding that, “I am in no way saying that Mr. Akwetey’s petition is frivolous.”
The court said that the administrative acts of the Chief Justice were not immune from inquiry, but added, “There must first be a prima facie case before the President can act on the petition of a citizen.”
The court said that the Constitution, as it is now, was not explicit on article 146 where a citizen could file a petition for the removal of the Chief Justice and the committee to be set up to do the investigation was also not well defined.
The court said that Mr. Akwetey had the capacity to institute the action in his personal capacity contrary to the plaintiff’s assertion that the defendant was an officer of the court and could not do that.
On the issue of how the details of the petition got into the public domain the court said Mr. Akwetey was wrong to have circulated his petition to other people other than to the President alone because “it is not safe to impugn the integrity of judges in public, especially when the allegations turn out to be false and article 146(8) strongly supports this.”
The panelists took turns to give their views on article 146. Justice Akuffo remarked: “article 146 gives too much room for personal opinions and needs to be properly reconstructed to give meaning to its constitutional outlook.”
Prof. Justice Ocran said, “We are entitled to fill any gap that is left in article 146 in order to realize the dream of the framers of the Constitution and this makes the establishment of a prima facie case more compelling before the committee described under the article can be made to work.”
Mr. Justice Asiamah said, “Without first establishing a prima facie case against a superior court judge, of which the Chief Justice is one, the President will have no power, constitutionally, to set up a committee to start investigating him straight away.”
Mrs. Justice Adinyira said, “There is no compelling reason why such procedural protection should not be accorded the Chief Justice,” and
Mrs. Justice T. Wood and Mr. Justice Ansah both concurred with the views of the other members.
The panel however expressed their misgivings about the attitude displayed by the Attorney General’s Department after they failed to file a defence in the case saying, “taking active participation could have helped our judicial jurisprudence.”
Before delivering its judgement the Court gave reasons for overruling an objection raised by Mr. Akwetey on the issue of the Chief Justice paneling members who sat on the case.
The Court said empanelling judges was CJ’s administrative duty and not a judicial duty, adding that Mr. Akwetey did not provide any evidence of the breach of natural justice that he raised.
The ruling took approximately four and a half hours to deliver.
Tuesday, July 11, 2006
Court Orders Spanish Interpreter For Accused
By William Yaw Owusu,
Saturday, 08 July 2006
AN Accra Fast Track High Court has ordered that a Spanish interpreter be provided for two Venezuelans standing trial for illegal possession of cocaine.The court registrar is to apply to the Ghana Institute of Languages to get one.
The order followed a submission by Obeng Sakyi, defence counsel, that his client, Joel Mella, 35, could not speak English.
The court, presided over by Mr. Justice E. K. Ayebi, therefore did not take the plea of Mella and his co-accused, Halo Cabeza Castillo, 38, but adjourned the case until July 14.
It turned down an application for bail by Mr Sekyi who argued that the accused were arrested in November last year and the police had all the time to conclude investigations but had caused an “undue delay.”
Ms Gertrude Aikins, Chief State Attorney, prosecuting, objected to counsel’s request saying that the accused might jump bail since they are not permanently resident in the country.
The police arrested the two foreigners at East Legon in Accra on November 26, 2005 for possessing cocaine with a reported street value of about 38 million dollars.
A statement issued by the Police Public Relations Directorate at the time said 588 wrapped pellets, suspected to be cocaine, were found concealed in paper boxes in two rooms used by the accused.
Saturday, 08 July 2006
AN Accra Fast Track High Court has ordered that a Spanish interpreter be provided for two Venezuelans standing trial for illegal possession of cocaine.The court registrar is to apply to the Ghana Institute of Languages to get one.
The order followed a submission by Obeng Sakyi, defence counsel, that his client, Joel Mella, 35, could not speak English.
The court, presided over by Mr. Justice E. K. Ayebi, therefore did not take the plea of Mella and his co-accused, Halo Cabeza Castillo, 38, but adjourned the case until July 14.
It turned down an application for bail by Mr Sekyi who argued that the accused were arrested in November last year and the police had all the time to conclude investigations but had caused an “undue delay.”
Ms Gertrude Aikins, Chief State Attorney, prosecuting, objected to counsel’s request saying that the accused might jump bail since they are not permanently resident in the country.
The police arrested the two foreigners at East Legon in Accra on November 26, 2005 for possessing cocaine with a reported street value of about 38 million dollars.
A statement issued by the Police Public Relations Directorate at the time said 588 wrapped pellets, suspected to be cocaine, were found concealed in paper boxes in two rooms used by the accused.
The Korle-Bu Hospital Suit
By William Yaw Owusu,
Saturday, 08 July 2006
THE mother of the 14-year-old boy who has sued the Korle-Bu Teaching Hospital for negligence, yesterday told an Accra Fast Track High Court that her son had no problem with the left leg which was operated upon by the doctors.
“They made me sign an undertaking that the surgery was to be performed on the right leg,” Mrs Gladys Darko told the court.
The hospital in its statement of defence had said that although the boy (Frank Darko) was diagnosed with a torn patella ligament on the right knee, the doctors later realized that there was a problem on the left knee which also needed an immediate surgery.
Led in evidence by her counsel Thomas Hughes, Mrs Darko, who spoke in Twi said that the hospital made them buy an instrument called “support” for ў250,000 which was placed on the right knee of her son before the surgery was conducted.
She said after the surgery the boy was made to attend clinics and physiotherapy sessions on about 15 occasions but “we could not continue due to lack of funds.”
She said the hospital had asked her to bring her son for a final review this month. Mrs Darko said she paid for all the cost of treatment of her son, but she could not remember the total amount spent.
Cross examined by counsel for Korle-Bu, Shadrack Arhin, Mrs Darko told the court that she did not apply any traditional medicine to her son’s leg and said she did not go to the theatre where the surgery was performed.
She said that her son could not walk properly as a result of the “wrongful” surgery and was frustrated by the hospital authorities when the issue came up.
The suit, which was filed through the boy’s mother, cites the governing board of the hospital as well as doctors, Kennedy Addo, Korpisah, and Agbeko, all of Korle-Bu hospital for the alleged wrongful operation they conducted on him in September, last year.
In the suit the plaintiff said, the doctors had operated on the boy’s left knee instead of the right, after the diagnosis.
He further claimed that, her son’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Darko is therefore claiming 800 million in damages.
Saturday, 08 July 2006
THE mother of the 14-year-old boy who has sued the Korle-Bu Teaching Hospital for negligence, yesterday told an Accra Fast Track High Court that her son had no problem with the left leg which was operated upon by the doctors.
“They made me sign an undertaking that the surgery was to be performed on the right leg,” Mrs Gladys Darko told the court.
The hospital in its statement of defence had said that although the boy (Frank Darko) was diagnosed with a torn patella ligament on the right knee, the doctors later realized that there was a problem on the left knee which also needed an immediate surgery.
Led in evidence by her counsel Thomas Hughes, Mrs Darko, who spoke in Twi said that the hospital made them buy an instrument called “support” for ў250,000 which was placed on the right knee of her son before the surgery was conducted.
She said after the surgery the boy was made to attend clinics and physiotherapy sessions on about 15 occasions but “we could not continue due to lack of funds.”
She said the hospital had asked her to bring her son for a final review this month. Mrs Darko said she paid for all the cost of treatment of her son, but she could not remember the total amount spent.
Cross examined by counsel for Korle-Bu, Shadrack Arhin, Mrs Darko told the court that she did not apply any traditional medicine to her son’s leg and said she did not go to the theatre where the surgery was performed.
She said that her son could not walk properly as a result of the “wrongful” surgery and was frustrated by the hospital authorities when the issue came up.
The suit, which was filed through the boy’s mother, cites the governing board of the hospital as well as doctors, Kennedy Addo, Korpisah, and Agbeko, all of Korle-Bu hospital for the alleged wrongful operation they conducted on him in September, last year.
In the suit the plaintiff said, the doctors had operated on the boy’s left knee instead of the right, after the diagnosis.
He further claimed that, her son’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Darko is therefore claiming 800 million in damages.
Thursday, July 06, 2006
A-G: Tsikata Took Unreasonable Risk
By William Yaw Owusu
Thursday, 06 July 2006.
The Attorney General, Joe Ghartey, yesterday told an Accra Fast Track High Court that Tsatsu Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), “took an unreasonable risk,” to guarantee a loan for Valley Farms.
He said Mr. Tsikata, in granting the loan on behalf of the GNPC, “did not use reasonable caution and obligation” and for which reason he should be held for wilfully causing financial loss to the state.
The Attorney-General who was addressing the court after Mr. Tsikata’s counsel had completed his address last week, said “in the meaning of Act 179, the financial loss was wilful.”
Mr. Tsikata has been charged with three counts of causing financial loss of about ў2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caissc Centrale, now Agence Francaise De Development (AFD), 1991, but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
He has pleaded not guilty to all the charges and is on a self-cognissance bail. Mr. Ghartey told the court presided over by Appeal Court Judge, Mrs. Justice Henrietta Abban, that the defence team had failed to lead evidence to show that the amount paid in the loan guarantee “did not come from GNPC coffers.”
“They are only talking about the law being used to charge him,” he said, adding that “there was a financial loss and it was caused through the action and omission of Mr. Tsikata.”
Mr. Ghartey said that between 1991 and 1996 when GNPC guaranteed the loan and when it paid the loan, Mr. Tsikata took no steps to correct the defect, in a form of counter guarantee saying “he cannot deny that GNPC belongs to the state and therefore a loss to it is a loss to the state.”
He said when Mr. Tsikata filed a “submission of no case” at the Supreme Court, both the majority and minority panel members ruled that there was a loss which was caused by the accused.
He also said that in guaranteeing the loan, Mr. Tsikata, through the GNPC, went outside their core objective of petroleum and ventured into cocoa production and this had not been challenged by the accused.
The case was adjourned until July 7, for the prosecution to conclude its address.
In a related development Mr Tsikata has filed a motion for an order from the Court of Appeal to compel the International Finance Corporation (IFC) to testify in the case.
The Fast Track Court had ruled thast the IFC was “immune” to the processes of the country’s courts and this case has been adjourned to July 11.
Thursday, 06 July 2006.
The Attorney General, Joe Ghartey, yesterday told an Accra Fast Track High Court that Tsatsu Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), “took an unreasonable risk,” to guarantee a loan for Valley Farms.
He said Mr. Tsikata, in granting the loan on behalf of the GNPC, “did not use reasonable caution and obligation” and for which reason he should be held for wilfully causing financial loss to the state.
The Attorney-General who was addressing the court after Mr. Tsikata’s counsel had completed his address last week, said “in the meaning of Act 179, the financial loss was wilful.”
Mr. Tsikata has been charged with three counts of causing financial loss of about ў2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caissc Centrale, now Agence Francaise De Development (AFD), 1991, but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
He has pleaded not guilty to all the charges and is on a self-cognissance bail. Mr. Ghartey told the court presided over by Appeal Court Judge, Mrs. Justice Henrietta Abban, that the defence team had failed to lead evidence to show that the amount paid in the loan guarantee “did not come from GNPC coffers.”
“They are only talking about the law being used to charge him,” he said, adding that “there was a financial loss and it was caused through the action and omission of Mr. Tsikata.”
Mr. Ghartey said that between 1991 and 1996 when GNPC guaranteed the loan and when it paid the loan, Mr. Tsikata took no steps to correct the defect, in a form of counter guarantee saying “he cannot deny that GNPC belongs to the state and therefore a loss to it is a loss to the state.”
He said when Mr. Tsikata filed a “submission of no case” at the Supreme Court, both the majority and minority panel members ruled that there was a loss which was caused by the accused.
He also said that in guaranteeing the loan, Mr. Tsikata, through the GNPC, went outside their core objective of petroleum and ventured into cocoa production and this had not been challenged by the accused.
The case was adjourned until July 7, for the prosecution to conclude its address.
In a related development Mr Tsikata has filed a motion for an order from the Court of Appeal to compel the International Finance Corporation (IFC) to testify in the case.
The Fast Track Court had ruled thast the IFC was “immune” to the processes of the country’s courts and this case has been adjourned to July 11.
Wednesday, July 05, 2006
Two charged with robbing ambassador.
By William Yaw Owusu.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Two charged with robbing ambassador.
By William Yaw Owusu.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Sunday, July 02, 2006
Nation remembers murdered judges
By William Yaw Owusu.
Saturday, July1,2006.
A solemn Remembrance Day service was yesterday held in memory of the three High Court judges and a retired military officer who were murdered in the heat of the revolution in 1982.
The annual event was instituted by the Ghana Bar Association (GBA) to honour the late Justices Frederick Poku Sarkodie Addo, Cecilia Koranteng-Addow (Mrs.) and Kwadwo Agyei Agyapong as well as Major Retired Sam Acquah who were killed at the Bundase Military range in the Accra Plains in the curfew hours of June 30, 1982.
In his sermon titled “Forgiveness”, Rev. Dr. Paul Kofi Fynn, Chairman of the Christian Council and president of the Evangelical Lutheran Church of Ghana, said although the churches continued to preach forgiveness the same entities had failed to practice it.
He said, “we preach, eat and teach forgiveness but there is no forgiveness. Chritians think the church is a museum for saints but the reality is that it is supposed to be a hospital for sinners”.
Rev. Fynn said lack of forgiveness in the homes and the country at large had hampered the nation’s effort to develop rapidly saying, “it takes a man of God to forgive people”.
He noted that in quest to forgive one another offenders had taken advantage of forgiveness and had refused to repent to ensure total reconciliation.
“People were not bold to go to the National Reconciliation Commission to testify and reconcile but rather continue to heap blame on others but this cannot help”.
Mr. Solomon Kwami Tetteh, GBA president called on Ghanaians to “speak and stand by the truth and behave responsibly at all times”.
“We shall continue to celebrate the Martyrs Day lest we forget the need for vigilance against any utterance by any person or group of persons that may destabilize the democratic dispensation or undermine human rights in Ghana”.
Saturday, July1,2006.
A solemn Remembrance Day service was yesterday held in memory of the three High Court judges and a retired military officer who were murdered in the heat of the revolution in 1982.
The annual event was instituted by the Ghana Bar Association (GBA) to honour the late Justices Frederick Poku Sarkodie Addo, Cecilia Koranteng-Addow (Mrs.) and Kwadwo Agyei Agyapong as well as Major Retired Sam Acquah who were killed at the Bundase Military range in the Accra Plains in the curfew hours of June 30, 1982.
In his sermon titled “Forgiveness”, Rev. Dr. Paul Kofi Fynn, Chairman of the Christian Council and president of the Evangelical Lutheran Church of Ghana, said although the churches continued to preach forgiveness the same entities had failed to practice it.
He said, “we preach, eat and teach forgiveness but there is no forgiveness. Chritians think the church is a museum for saints but the reality is that it is supposed to be a hospital for sinners”.
Rev. Fynn said lack of forgiveness in the homes and the country at large had hampered the nation’s effort to develop rapidly saying, “it takes a man of God to forgive people”.
He noted that in quest to forgive one another offenders had taken advantage of forgiveness and had refused to repent to ensure total reconciliation.
“People were not bold to go to the National Reconciliation Commission to testify and reconcile but rather continue to heap blame on others but this cannot help”.
Mr. Solomon Kwami Tetteh, GBA president called on Ghanaians to “speak and stand by the truth and behave responsibly at all times”.
“We shall continue to celebrate the Martyrs Day lest we forget the need for vigilance against any utterance by any person or group of persons that may destabilize the democratic dispensation or undermine human rights in Ghana”.
Snr. Minister questions statistics on education, poverty levels
By William Yaw Owusu.
Saturday,July1,2006.
Senior Minister, J.H. Mensah has said there is an abuse of statistics as far as the country’s standard of education and levels of poverty are concerned.
“Some people are misinterpreting the statistics. It is false to record 80 percent school enrollment when children continue to score zero per cent in ordinary basic certificate examination. Enrollment is nothing if the children cannot pass,” at the launch of Akuapem Community Foundation in Accra on Thursday.
The Foundation, which seeks to mobilize time, talent, treasure to improve the quality of life of the people of Akuapem in the Eastern Region, and beyond, is making quality education its priority.
It is believed to be the first community foundation in the country and has thus set up an endowment fund, which will be managed by the Merchant Bank, and more than 10,000 people from Akuapem are expected to contribute not less than ¢10,000 every month to ensure total development of the area.
Mr. Mensah said, “some people have led us into baseless argument by using statistics to suggest that four out of the ten regions of Ghana are poor but this cannot be right. Let us not be deceived about some of the things we hear. Let us come out with practical statistics that will help accelerate development”.
He said the time has come for all stakeholders to see teachers as the driving force behind the country’s development and respond to their needs appropriately.
“Teachers nowadays see themselves as occupying hardship positions they sometimes resent and take up their frustrations on our children which is detrimental to our educational sector”, he added.
Professor Alex Kwapong, former Chairman of the Council of state who chaired the function said Akuapem was the citadel of education and it was unacceptable that the children were scoring zero per cent in examinations.
The president of the foundation Paul Koranteng said they would provide accommodation for teachers in the deprived areas of both the Akuapem North and South Districts and added “we have received international recognition and would take advantage to raise the standard of living of our people”.
Oseadeeyo Addo Dankwa III, Akuapemhene, said, “the protection of our heritage and the improvement of socio-economic development is a step in the right direction”.
Nana Adokua I, Akuapemhemaa and Life Patron of the foundation in a message read for her said the foundation had demonstrated the extent to which unity can promote development.
Saturday,July1,2006.
Senior Minister, J.H. Mensah has said there is an abuse of statistics as far as the country’s standard of education and levels of poverty are concerned.
“Some people are misinterpreting the statistics. It is false to record 80 percent school enrollment when children continue to score zero per cent in ordinary basic certificate examination. Enrollment is nothing if the children cannot pass,” at the launch of Akuapem Community Foundation in Accra on Thursday.
The Foundation, which seeks to mobilize time, talent, treasure to improve the quality of life of the people of Akuapem in the Eastern Region, and beyond, is making quality education its priority.
It is believed to be the first community foundation in the country and has thus set up an endowment fund, which will be managed by the Merchant Bank, and more than 10,000 people from Akuapem are expected to contribute not less than ¢10,000 every month to ensure total development of the area.
Mr. Mensah said, “some people have led us into baseless argument by using statistics to suggest that four out of the ten regions of Ghana are poor but this cannot be right. Let us not be deceived about some of the things we hear. Let us come out with practical statistics that will help accelerate development”.
He said the time has come for all stakeholders to see teachers as the driving force behind the country’s development and respond to their needs appropriately.
“Teachers nowadays see themselves as occupying hardship positions they sometimes resent and take up their frustrations on our children which is detrimental to our educational sector”, he added.
Professor Alex Kwapong, former Chairman of the Council of state who chaired the function said Akuapem was the citadel of education and it was unacceptable that the children were scoring zero per cent in examinations.
The president of the foundation Paul Koranteng said they would provide accommodation for teachers in the deprived areas of both the Akuapem North and South Districts and added “we have received international recognition and would take advantage to raise the standard of living of our people”.
Oseadeeyo Addo Dankwa III, Akuapemhene, said, “the protection of our heritage and the improvement of socio-economic development is a step in the right direction”.
Nana Adokua I, Akuapemhemaa and Life Patron of the foundation in a message read for her said the foundation had demonstrated the extent to which unity can promote development.
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