Wednesday, November 29, 2006

ACCUSED SCARES OFF WITNESSES

By William Yaw Owusu

Wednesday, 29 November 2006
DETECTIVE Sergeant Samuel Yaw Amoah, the policeman being wanted for his role in the disappearance of 76 parcels of cocaine from the MV Benjamin vessel at the Tema Port, is said to be allegedly threatening potential prosecution witnesses from his hideout.

As a result of this, the prosecution is finding it difficult to assemble its witnesses for the case, Ms Gertrude Aikins, Chief State Attorney, has said.


Sgt. Amoah, of the Tema Regional Police Command, absconded immediately he and five other suspects were granted bail by an Accra Circuit Court on September 25.


Ms. Aikins told the Accra Fast Track Court trying another case involving the missing cocaine case that “Amoah is actively threatening our witnesses and his action has put fear in the witnesses.

They are afraid to come to court to testify.”
She pointed out that the situation threatens the administration of justice, but added, “We have decided to give the witnesses the needed protection that they can freely testify."

Ms. Aikins disclosed to the court that almost all the suspects in the case who were granted bail at the Greater Accra Regional Tribunal had absconded while others had interfered with investigations.

She, therefore noted that the amendment of Act 714 giving the courts the power to refuse bail for people dealing in narcotic drugs bail ‘is a timely intervention that will protect and safeguard the liberty of the society."

Initially, Sgt Amoah together with Sgt David Nyarko and Lance Corporal Dwamena Yabson were arraigned before the court on September 12. But Lance Corporal Peter Bundorin and Sergeant Isaac Asante were added to them on September 18, with Corporal Kennedy Dzakeh joining them on October 20.

Amoah, Yabson, Bundorin and Asante were on September 25 granted ¢300 million bail with one surety each when Befuiriseeh Cab-Beyou, a Chief State Attorney, withdrew the initial charge of abetment and replaced it with extortion for which all the accused pleaded not guilty.

The Attorney General, Mr. Joe Ghartey, immediately evoked the powers vested in him under Article 88 of the Constitution by countermanding the decision and ordering their re-arrest, but Amoah had already escaped.

The accused appeared before the court on September 28 charged with five counts of conspiracy, importation of narcotic drugs without license, abetment, possession of narcotic drugs without lawful authority and doing prohibited business relating to narcotic drugs and have since been in prison custody.

The prosecution has indicated its intention to file a "nolle prosequi" at the Circuit Court so that they could be re-arrested and put before the Fast Track High Court this week.

Language Problem Stalls Cocaine Trial


By William Yaw Owusu

Wednesday, 29 November 2006
THE trial of six persons, including the owner of the MV Benjamin vessel, who are alleged to have had knowledge about the disappearance of 77 parcels of cocaine from the vessel was suddenly adjourned yesterday by an Accra Fast Track High Court.

This was because three of the accused, Pak Bok Sil, 46, an engineer from Korea, Cui Xian Li, 44, a vessel engineer and Luo Yin Xing, 49, a sailor, both Chinese, claimed they did not understand English.


As a result, the court, presided over by Mr Justice Anin Yeboah, who is also a Court of Appeal judge, adjourned proceedings to November 30, to enable the court Registrar to secure the services of Korean and Chinese interpreters for the three accused persons.


The judge explained that under the law, a person charged before a court should be able to understand the language being used in the proceedings and added, “Assuming the accused pleads guilty and raises this issue on appeal, it will be an embarrassment to the court.”


The other three are Joseph Kojo Dawson, 34, the vessel owner, Isaac Arhin, 49, a sailor and Philip Bruce Arhin, 49, a mechanic.


Dawson was charged with one count of using his property for narcotic offences while Bok Sil faces a count of engaging in prohibited business relating to narcotic drugs.


Isaac, Bruce, Li and Xing are each facing two counts of engaging in prohibited business relating to narcotic drugs and possession of narcotic drugs without lawful authority.


Dawson stands accused for releasing his vessel to Asem Darko, popularly called Sheriff, who is said to have carted away 76 parcels of cocaine which were off loaded at the Kpone beach near Tema.


Sil, without lawful authority allegedly undertook “an activity for the purpose of promoting an enterprise relating to narcotic drugs by repairing the MV Benjamin vessel which is also called Adede II,” for it to sail from Takoradi to the high seas to convey 77 parcels each of which weighed 30 kilogrammes.


Isaac, Bruce, Li and Xing were alleged to have worked on the vessel that carted the cocaine from the high seas.

Tuesday, November 28, 2006

Ghana@50 Project:COURT ALLOWS GOVT TO BUILD

By William Yaw Owusu

Tuesday,November 28,2006
AN Accra Fast Track High Court yesterday ruled that it will not restrain the government from developing the piece of land at La Wireless, in Accra for a project for Ghana’s 50th anniversary celebration.

The court presided over by Justice Victor Ofoe dismissed an application for interlocutory injunction on the development of the land situated at Cantonments, which was filed by Nii Kpobi Tettey Tsuru II, La Mantse.

The court, however, asked the Attorney General who had been sued on behalf of the government to sign an undertaking that the defendants will pull down the structures and return the land to the La stool should they defendants) lose the substantive case.

The court further ordered both parties to file their responses in the substantive motion for the case to be heard at a date yet to be fixed in December.

Dismissing the application, Mr. Justice Ofoe said the court considered the inconvenience that will be caused if it ordered the development to halt and added that the plaintiff failed to disclose the irrepairable damage that the refusal by the court to grant the injunction will cause him.

Dorothy Afriyie Ansah, Principal State Attorney who represented the government described the La Mantse’s application as frivolous, vexatious and without merit.

She said if the injunction was granted, the government will suffer great hardship considering the level of development and added that “the plaintiff will be compensated appropriately.”

“Invitations have already been sent to foreign dignitaries and government has invested huge sums in the project,” adding that “any injunction will cause a lot of hardship and inconvenience.”

Counsel for La Mantse, William Addo, said the government should have gone to court to review the terms of agreement covering the land if it intended to use the land for purposes other than the Wireless Station.

He said, “What they are doing now is illegal. They have also involved private people in the whole project thereby defeating the public purpose for which the land was acquired.”

In the statement of claim filed on behalf of Nii Tettey Tsuru by Peter Ala Adjetey, an Accra Lawyer and a former Speaker of Parliament on November 10, the land in question had “ceased to be used as a wireless station for which it was acquired and consequently the plaintiff is entitled to be given the first option for reacquiring the said land.”

The statement said that the land belonged to the La Stool and the La Mantse was the lawful person to litigate.

It said, under Article 20 clause (5) and (6) of the constitution the government should have proceeded to allocate portions of the land for development to various entities or for development by government’s own agencies for purposes other than what it is intended to do now.

It said that if the government went ahead to develop the land it will ‘result in defeating the title and interest of the La Stool.”

Trial Of Abass, Tagor Begins At Fast Track Court


By William Yaw Owusu

Tuesday, 28 November 2006
THE trial began at the Accra Fast Track Court yesterday, of Kwabena Amaning, popularly called Tagor, and Alhaji Issah Abass who are suspected to have knowledge about the disappearance of the 77 parcels of cocaine from the MV Benjamin Vessel at the Tema Port.

The two men, together with Kwabena Acheampong and Victor Kisseh, also called Yaw Billah, had earlier on November 23, been discharged by an Accra Circuit Court after the Attorney-Generals (AG) filed a “Nolle Prosequi” indicating its unwillingness to pursue the case, but Tagor and Abass were re-arrested on the orders of the AG and charged at the Fast Track Court with fresh charges.


Acheampong was brought to the court yesterday together with Tagor and Abass, as well as Alhaji Moro Mohammed but Acheampong and Moro left at 11:03 am before the court began sitting.


Full trial commenced at exactly 12:35 noon. Tagor is charged with four counts of conspiracy, engaging in prohibited business relating to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs, while Abass faces three counts of conspiracy, engaging in prohibited business relating to narcotic drugs and supply of narcotic drugs.


They were remanded into police custody until December 5, by the court presided over by Mr Justice Jones Dotse who is also a Court of Appeal judge.


They were remanded in police custody to enable the two men, particularly Tagor who coughed throughout the proceedings, to receive proper medical attention.


Before their remand, Nana Asante Bediatuo and Mr Osafo Buabeng, counsel for Tagor and Abass respectively, had applied for bail for them but this was refused by the court.


The facts as presented by Ms Gertrude Aikins, Chief State Attorney, are that on April 26, the MV Benjamin vessel, also called Aded 2, anchored at the Tema Harbour where 76 out of 77 parcels of cocaine were offloaded into two canoes which carried them to the Kpone Beach, near Tema


“The news of the arrival of the cocaine spread like wild fire in the underworld and the security agencies started investigating the matter,” she said.


Ms Aikins told the court that the then Assistant Commissioner of Police in charge of Operations, Mr Kofi Boakye, invited the accused persons to his residence at Kanda, Accra, in connection with the missing parcels.


At the said meeting, the accused voluntarily confessed to their dealings in narcotic drugs and even boasted about previous activities relating to narcotic drugs and further settled old scores and disputes.


In the process, they openly confessed that they had purchased, supplied, paid for, certified, credited and distributed drugs in and outside the country.


The confessions, Ms Aikins told the court, were recorded.


The accused at the said meeting also agreed to locate the 76 parcels of cocaine, seize and share it in furtherance of their business of dealing, promoting and establishing narcotic drugs because the quantity brought by the MV Benjamin was too much for one person to enjoy it alone.

Friday, November 24, 2006

Confusion At Hawkers Market Registration


By William Yaw Owusu

Friday, 24 November 2006
THE long awaited registration of hawkers/petty traders for the allocation of stalls and spaces at the newly constructed ‘Pedestrians Shopping Mall’ at the Kwame Nkrumah Circle, commenced yesterday but had to be suspended soon afterwards.

This followed a disagreement between the leadership of the two hawkers associations on the one hand and the Accra Metropolitan Assembly (AMA) on the other over the lists to be used in the allocation.


While the executives of the United Petty Traders Association and the Positive Traders Association want the AMA to include their newly registered members in the exercise, the AMA insists that it would go according to the initial lists that the associations submitted.


Amidst confusion as people surged forward to register, Metropolitan Chief Executive, Stanley Adjiri-Blankson, was compelled to call off the exercise.


It took about 40 riot police to maintain order at the offices of the AMA where the exercise was to have taken place.


In an interview Ali Baba Bature, Special Assistant to the Mayor accused the leadership of the associations of inciting their members against the registration.


“We were going to follow a particular list that they had submitted but just as we were about to start, their leaders objected to it and demanded that we include their newly registered members.


“The Major says we should suspend it for the time being. We will hold an emergency meeting and take other measures which include the possibility of dealing with the people directly.”


He said the AMA will publish the initial list that the leadership submitted and asked them to come directly to register.


Mr. Bature said, “The leadership themselves recently in a meeting with us admitted that they registered members who are not hawkers.”


“We are getting reports that some of these executives have collected huge sums from people under the pretext of registering them and now that they are hot they want to shift the blame to the AMA,” he alleged.


But the Times learnt later that the AMA had allegedly cut down the size of the initial list and that may have incurred the displeasure of the leadership.


Samuel Nketia, an executive of the United Petty Traders Association alleged that they submitted about 2,800 registration forms, almost all of which were with photographs but “when we got here the AMA officials told us that there are only 98 forms with pictures.”


Paul Adu Boahene, of the Positive Traders Association said, “We submitted 1,587 applications, all with photographs but today the AMA is saying that only 201 are there.”


The two executives said they however support the decision of the AMA to suspend the exercise temporarily.

Tagor, Others For Fast Track Court


By William Yaw Owusu

Friday, 24 November 2006
THE four suspect who are alleged to have knowledge about the disappearance of the 77 parcels of cocaine from the MV Benjamin vessel at the Tema Port will be arraigned before a Fast Track High Court in Accra next week.

Kwabena Amaning, alias Tagor, Alhaji Issah Abass, Kwabena Acheampong and Victor Kisseh also known as Yaw Billah, are facing four counts of conspiracy, engaging in prohibited business relating to narcotic drugs and establishing and promoting a narcotic drug-related enterprise.


Sources close to the Attorney General’s Department indicate that a “nolle prosequi” (unwillingness to pursue the case) application has been prepared for their discharge by the Accra Circuit Court, after which the police can re-arrest them and put them before the Fast Track Court.


The source said the suspects could have been brought for trial today, but for the fact that, the trial judge at the Circuit Court is still on his annual leave but added that the anomalies will be addressed for them to face trial next week.


Tagor, Abass and Acheampong were arrested on August 2, soon after testifying before the Justice Georgina Wood Committee that investigated the loss of the cocaine. Yaw Billah was picked up later. A fifth person, Kwadwo Ababio was discharged by the court on October 4 when the AG’s department said it was no more interested in the case.


Following their remand by the court, the four had appeared before the court on several occasions but on October 9 and November 3, the case could not be heard because the trial judge, M Kwame A. Asiedu, had still not returned from his annual leave.


According to the facts of the case as presented by the Deputy Superintendent of Police Abichab Boye at the start of the trial, sometime in November last year, the police had a tip-off about the arrival of a vessel, MV Benjamin, at the Tema Port with 78 parcels of cocaine.


However when the police raided the vessel, only one parcel was found on board.
Police investigations, later revealed that the other 77 parcels were removed from the vessel before the raid.


The accused persons were suspected to have knowledge about the missing cocaine parcels, DSP Boye said.

Thursday, November 23, 2006

MR ATTORNEY-GENERAL, THIS IS NOT GOOD ENOUGH

This article was posted by Cameron Duodu,a Freelance Journalist in London in the Ghanaian Times of Ghana when he commended this journalist(William Yaw Owusu) for doing good journalism




If you had gone to the website of Joy FM on 20 November 2006 , to check up on the Ghana news posted there, you would have read the following:

“Missing cocaine case - Alhaji Moro, three others discharged
[Posted: Nov 17 2006 ] An Accra Regional Tribunal chaired by Mr Justice Frank Manu on Friday discharged Alhaji Moro and three other suspects, who had been held in connection with the missing 76 parcels of cocaine from MV Benjamin.
The Prosecution entered a nolle prosequi, as the Attorney General (AG) (sic) said it would not continue with the prosecution of the case against the accused persons.

"The state intends that the proceedings against Alhaji Moro, a businessman, Joseph Kojo Dawson, a businessman, Freeman Sosi, a fisherman and a canoe owner, and Evans Charwetey Tsekobi, an auto mechanic, should not continue," Ms Gertrude Aikins, Chief State Attorney, told the court. For now, as far as this case is concerned, the AG is letting them off the hook," she said.

“The Tribunal heeded the decision and discharged all the four accused persons accordingly. The four accused persons were not in court but their counsel represented them. –GNA”.

Now, the Ghana News Agency, to which this report was attributed by Joy FM, is a very experienced organisation. It’s had its ups and downs in the past, but by and large, it is reliable as to facts. So you would be justified, if you read the report just quoted, in concluding that “all the four accused persons’’ in the cocaine case had indeed been set free, and at the instance of the Attorney-General’s office.

But if you are inquisitive by nature, there would have been something about the report that wouldn’t have seemed quite right. How could the AG’s department withdraw the charges against the accused persons, just like that? No explanation; no announcement regarding any further action? And you would have said, “I can’t believe this! You mean they have been let off, after all the incriminatory evidence heard on the tape?”

And then if you were politically inclined, you would immediately have begun to speculate on the reasons for the Government withdrawing the charges: “Some top people are involved in the case, so the Government doesn’t want these chaps to give evidence in case they implicate those top people.” Or, even worse, you might have thought, “Well, 77 parcels of cocaine can bring in a hell of a lot of money. Figures like $235 million have been mentioned. How much are people paid in this country to be able to resist accepting an offer of even a small percentage of such a huge amount?”

Indeed, some of these speculations are not imaginary, but have actually appeared in print. Yet, if you allow your inquisitive mind to work and you probe further, you will find, on the website of The Ghanaian Times, that the report on the Joy FM site is not the full story. For, the paper, having reported the withdrawal of the charges against the four persons, added this crucial sentence: “But in a dramatic development, they were immediately re-arrested, on the orders of the AG. The four, who were not in court, were to have been freed from prison
custody after the discharge but following the orders of the AG, they were not released.” The paper also made its own enquiries and came up with another telling statement: Sources at the AG's department say they will be put before the Fast Track High Court to face fresh charges.”

Now, this is what is called good reporting. It answers the questions the reader wants answered. And it immediately dismisses the speculations that the politically-minded would have been throwing about wildly.

One wonders, though, why the fact that the accused persons were “re-arrested” not in the GNA report used by Joy FM? It may be that it was not in the GNA report because the GNA reporter did not know that they had been “re-arrested”. For how can you “re-arrest” people who are already in custody? And, on that fact, at least, the GNA and The Ghanaian Times do agree; they both state that the men “were not in court”. This should have been anticipated by the Prosecution team; they were saved only because The Ghanaian Times reporter was a damned good one.

In fact, the evidence suggests that once again, the Government has shot itself in the foot in a matter involving public relations. It has allowed itself to be accused of something that has not happened, namely, that it has behaved suspiciously in the way it is prosecuting – or not prosecuting -- this sensational cocaine case.

Now, I know that lawyers operate on a wavelength entirely different from that of journalists. Prosecuting lawyers go to court to try to win cases, not to provide stories for newspapermen. So, what they are concerned with, primarily, is to employ strategies and tactics that will unsettle their opponents, the defence. So the Prosecutors would not have been in any hurry to say any more in court than was strictly necessary for their purposes. They had made a submission of nolle prosequi. It was for the defence to oppose the submission (if they were inclined to do a crazy thing like that!) and for the judge to grant it (as he would, since no sane judge would want to go ahead with a case which the prosecution is asking him not to proceed with.)

End of the matter? Normally yes. But not, I am afraid, in this particular case. The Prosecution, in my view, ought to have taken ‘judicial notice’ of a few relevant facts: this case is so sensational that the President of the Republic himself had been drawn into a verbal brawl on some aspects of the case; the Asantehene had, similarly, been drawn into making a highly atypical public statement on aspects of it, which some had distorted to mean no less than the declaration, by him, of an ‘ethnic war’ in Ghana; and it had shown that some members of the top echelons of the Ghana Police service were connected with some of the alleged criminals in the case. All these factors had combined to excite the public to wild fantasies about the matter.

In other words, the case long ago ceased to be a mere ‘case’ being handled by lawyers, and turned into a political hot potato being watched with eagles’ eyes. So whilst the lawyers should be allowed to go about it in their professional manner, they cannot ignore the fact that every step they take will be subjected to ruthless analysis, or even phantasmagoric dissection, by members of the public.

Now, I know that the AG’s department has always been an overworked department, with too many cases being handled by too few lawyers, largely because while the public expects them to deliver the goods on behalf of good order and public probity, the Government persistently refuses to give them the resources to achieve that objective. Even in a country like Britain, which is brimming over with legal talent, the AG’s department often goes to the private legal sector to hire legal brains to lead prosecution teams. I doubt whether Ghana ever does that. But at the same time, we also don’t want to pay the lawyers who are actually employed by the AG’s department, the salaries that will attract more of the brainier type of lawyer to the AG’s department.

Labouring, as they do, under these shortcomings, it is easy to see why the lawyers in the AG’s department would not willingly stray into the area of public relations, in addition to their heavy workload. So I suggest that in this case and others like it, in which the public interest is intense, if they had the time, the lawyers in the AG’s department should, whenever something controversial – such as a submission of nolle prosequi -- came up, solicit the assistance of the Press department of the President’s Office, or the Ministry of Information, in presenting to the public, the facts they have put to the court.

A short summary of the speech [to be] made to the court by the leading counsel in the prosecution team should be prepared in advance and distributed to the media immediately after the court session. I was going to say immediately after the speech had been made, but if that was done, it would distract the media from following the case properly -- for instance, they could ignore what the opposing lawyers would say, and even more crucially, what the judge would say. If the AG’s department would like to dust some files and look into them, they would find that Geoffrey Bing, QC, Attorney-General, and Kwaw Swanzy, Attorney-General, were very good public relations people, in addition to being good lawyers.

I am sure that the defence and even the bench often complain that they had not been adequately ‘covered’ by the media. That is almost inevitable, since they are almost always reduced to reacting to what the prosecution does or says and cannot easily prepare beforehand to pre-empt bad or lazy reporting. The AG’s department, on the other hand, can get its side of the case properly covered, by anticipating what will arouse public interest. Therefore, if it leaves the Government open to all manner of unfounded suspicions, by ignoring the public relations aspects of any ‘juicy’ cases it is handling, then, I am afraid, it has a case to answer.

Judge In Cocaine Case Still Away

By William Yaw Owusu

Thursday, 23 November 2006
For the third time running, the court case involving Kwabena Amaning, popularly called Tagor, and three others for their alleged involvement in the disappearance of 77 parcels of cocaine from a vessel, MV Benjamin, at the Tema Port could not be heard.

The trial judge, Kwame Asiedu, had not returned from his annual leave as at yesterday when the case was called again.

On October 9 and November 3, the large crowds that thronged the 28th February Road Courts, commonly called Cocoa Affairs Court, to listen to the trial, went home disappointed as the judge was said to be on leave.

Those charged together with Tagor are Alhaji Issah Abass, Kwabena Acheampong and Victor Kisseh, also known as Billah.

The four accused persons are facing provisional charges of conspiracy, engaging in prohibited business relating to narcotic drugs and establishment and promoting a narcotic drug-related enterprise.

The chief State Attorney, Ms Getrude Aikins, prosecuting the case was also not in court yesterday. Nana Asante Bediatuo and R.S. Blay, counsel for the accused persons, therefore could not fix the next adjourned date as this is normally done in conjunction with the prosecution.

On October 4, the court discharged Kwadwo Ababio who was being tried together with the four, following the prosecution’s submission that it was no longer interested in prosecuting him.

Tagor, Abass, Acheampong and Ababio were arrested on August 2 after testifying before the Justice Georgina Wood Committee then investigating the loss of the drugs while Yaw Billah was picked up later.

The provisional facts as presented by Deputy Superintendent of Police (DSP) Abichab Boye, at the start of the trial on August 4, are that sometime in November, last year the police had a tip-off about the arrival of a vessel, MV Benjamin, at the Tema Port with 78 parcels of cocaine.

However, when the police raided the vessel, only one parcel was found on board.

Police investigations, later revealed that the other 77 parcels were removed from the vessel before the raid. The accused persons were suspected to have knowledge about the missing cocaine parcels, DSP Boye said..

La Mantse's Suit Adjourned

By William Yaw Owusu
Thursday, 23 November 2006
THE Fast Track High Court hearing the case in which the Attorney General (AG) has been sued by the La Mantse over the use of a piece of land at La Wireless, in Accra, says it will go on with the case on Monday, if the AG absents himself from court again.

Mr Justice Victor Ofoe, the trial judge, said this yesterday when Mr Nicholas Freduah Kwarteng, a State Attorney, made a submission that Mr Joe Ghartey, the Attorney-General who was expected to represent the state was caught up in another assignment.

The case was adjourned on November 16, at the instance of the AG who said his department was served with "archival materials that need enough research to enable us to respond appropriately."

Mr Kwarteng told the packed court: "We filed our statement of defence this morning and the AG is expected to argue on it."

He said he had limited instructions from the AG and was asked to request an adjournment for November 27, the date on which his superior will move the motion.

Mr William Addo, council for the La Mantse, said "the plaintiff is suffering" as a result of the inability of the court to hear the case right away.

"They are working on the land day and night and once the application has come to their notice they should have restrained themselves until this matter is disposed of."

He repeated the call for the court to impress upon the Attorney-General to order the workmen to stop further development of the land in dispute but Mr Justice Ofoe declined to do so.

He, however, said should the AG fail to come to court on the next adjourned date "we will go on without the defendant."

In the suit, the La Mantse wants the court to grant an interlocutory injunction on the development of the La Wireless Station land, situated at Cantonments, pending the determination of the suit.

He also wants a declaration that any development of the land other than the purpose for which it was compulsorily acquired was unconstitutional or otherwise unlawful.

The land is currently being developed into residential facilities by the Ghana at 50 secretariat to house state guests attending Ghana’s Golden Jubilee next year.

Wednesday, November 22, 2006

Court Hears Grace Asibi's Statement


By William Yaw Owusu

Wednesday, 22 November 2006
GRACE Asibere Asibi, the woman whose information reportedly led to the discovery and seizure of 588 kilogrammes of cocaine, has allegedly admitted in her caution statement that she sublet her rented house at East Legon, Accra, in which the drugs were found to Joel Mella, one of the two Venezuelans being tried in connection with the seized drugs.

She allegedly said she rented the house from one Mr. Fiagorme at a monthly rent of 800 dollars but sublet it to Mella, 35, a machine operator, at 1,000 dollars.

Superintendent Edward Tabiri of the Property Fraud Unit of the Ghana Police Service, read this from Asibi in a statement yesterday when he appeared before the Accra Fast Track High Court for the third time to testify in the case in which Mella and another Venezuelan, Halo Cabezza Castillo, 38, businessman, have been charged with the importation of the drugs.

David Duarte Vasquez, said to be Asibi’s boyfriend, and believed to be the brain behind the importation of the narcotic substance and who has also been charged together with the two, is still at large.

Mella and Castillo, who were in court had pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.

Asibi, according to the statement, met Mella three months prior to his arrest at a Jokers’ Night Club in Accra where Mella allegedly asked her to assist him to rent an apartment, having explained to her that he was spending too much on hotel bills.

"Before then, I had already rented a house at Mempeasem, East-Legon so I sublet it to Mella," Supt. Tabiri quoted Asibi as saying in the statement.

Witness said Asibi, however, denied the statement that she knew of Mella’s involvement in cocaine business before subletting the house to him.

Supt. Tabiri told the court that evidence gathered showed that "there is a strong link between Mella and Vasquez in the drug trade," adding that Asibi’s assertion in her statement that Mella was a tourist could be true.

He said it was Vasquez who invited Mella into the country and used Asibi as a front to put Mella in that residence.

When Kwabla Dogbe Senanu, Counsel for the two Venezuelans, suggested to witness that the prosecution should have charged Vasquez and Asibi, and not his clients, Supt. Tabiri answered, "Accused are deeply involved and they are in conspiracy."

He told the court that KLM stickers found in Mella’s possession were blank and explained that "a lot of the seizures made globally use such stickers."

He said Mella was never prepared to assist the police to get to the source of the drug and added that when Mella was arrested, he demonstrated to the police how a machine seized in the raid is used to compress the cocaine into compact pieces.

The court, presided over by Justice E.K. Ayebi, adjourned proceedings to November 29, when Supt. Tabiri will be cross-examined by Castillo’s counsel.

Tuesday, November 21, 2006

Areeba’s Action Displeases Co-Defendant



By William Yaw Owusu

Tuesday, 21 November 2006
THE case in which Richmond Aggrey, a businessman, is claiming 20 per cent shares in Scancom Ghana Limited, operators of Areeba mobile phone service, took a dramatic turn yesterday.

This was when Grandview Management, one of the defendants, opposed the stay of proceedings application filed by Areeba, also defendants.

Mr. Thaddeus Sory, counsel for Grandview Management of Texas, United States, who filed an affidavit in opposition on November 16, to strike out Areeba’s move, said the co-defendant’s action "is masked to waste the court’s time and delay the speedy trial of the case."

Other defendants in the case are Investcom Consortium Holdings and S.A. of Beirut, Lebanon.

The court will rule on the matter on December 4.

On July 14, the commercial court F, presided over by Mr. Justice Henry Kwofie, granted an ex-parte application filed by Mr. Aggrey to restrain the defendants from going ahead to conclude a merger agreement with the MTN company of South Africa.

Mr. Aggrey had argued that "continuing and/or concluding a merger with and/or acquisition of Investcom LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as third party."

Following the development, Areeba filed an application on July 24 to strike out Mr. Aggrey’s action "in part or whole" on the grounds that Mr. Aggrey failed to adhere to procedures in filing the application.

The court on October 20 ruled that the processes followed by Mr. Aggrey in instituting the suit was proper and ordered Areeba to file its defence within 14 days.

Consequently, Areeba filed a notice of appeal to challenge the trial court’s ruling at the Court of Appeal and another motion on notice to stay proceedings pending the appeal which moved yesterday before the packed Commercial Court.

Mr. Sory said: "We vehemently oppose Areeba’s application on so many grounds. They have not filed any defence but are complaining about our opposition to their application. The merits of the case is what we are interested in and not technicalities.

"We are a party to the suit and a delay will affect our case. We are now starting this matter and at the interlocutory stage the issues being raised by the co-defendant are premature," he argued.

"We want a speedy trial and effective determination on merit and we will never finish this matter if after every ruling, a stay of proceedings application is filed just to delay the trial," he added.

Mr. Yonni Kulendi, who represented Mr. Aggrey, said the fact that Areeba’s appeal "is likely to succeed is not a compelling reason for this court to stay its proceedings", explaining that the court ought to be satisfied that there is a special circumstance to warrant a stay of proceedings.

He said Order 81 of C.1.47 of the new High Court Rules "does not render the proceedings void," adding, "The rules of the court should serve the ends of justice and not defeat the purpose of justice.

"Any loss they will suffer is repairable by proper compensation and the court is being invited to do arbitrary thing."

Mr. Larry Otoo, representing Investcom Consortium Holdings, associated themselves with Areeba’s position.

Ghost Names Listed For Stalls At Circle Market

By William Yaw Owusu

Monday, 20 November 2006
AN executive of one of the various hawkers associations in Accra on Thursday confessed that some of the names they submitted to the Accra Metropolitan Assembly for allocation of stalls and spaces at the new ‘Pedestrians Shopping Mall,’ at the Kwame Nkrumah Circle were not genuine hawkers.

"A lot of the people we registered are those who already own shops at Makola, Okaishie and other areas," Paul Adu Boahene, president of the Positive Traders’ Association told the Metropolitan Chief Executive, Stanley Adjiri Blankson, at a meeting in Accra with the various groups.

Mr Blankson, had convened the meeting with the groups, which also included the United Petty Traders Association, to discuss with them how best they can organise their members for the registration and for allocation which commences on November 23.

Responding, the AMA Chief Executive said the associations "deliberately inflated the figures in order to justify their selling along the streets and also to retard our plans to build the market."

"Now that you realise that the project is a reality you are under pressure to confess your guilt."

The Mayor said the registration exercise will be transparent and only those who registered will be considered first. He dismissed rumours that the AMA had already allocated the stalls.

"We will establish six desks for the registration and will go strictly according to the registration forms that have photographs of applicants before we consider forms without photographs."

Mr Blankson said the AMA will allocate some of the stalls to the Ga Traditional Council as compensation because "the chiefs complained that we did not involve them in the decision to build the market."

He urged all those who registered to get their fees for the stalls ready. The fees range between one and two million cedis.

He said the AMA was prepared to extend the commencement of the decongestion exercise at the Central Business District to January 1, if the leadership of the associations are prepared to sign an undertaking that "you will assist us to get the people to the new market."

He said the postponement would also enable the hawkers to use the Christmas season to wrap up their activities.

GIMPA Holds Congregation, Graduate Rites


By William Yaw Owusu
Monday, 20 November 2006
THE third congregation and first undergraduate graduation of the Greenhill College of the Ghana Institute of Management and Public Administration, (GIMPA) was held in Accra on Saturday.

Some 200 mature students were awarded Bachelors Degrees, the first time such a group of students had gone through such a course of study in the country’s education history.

Among those who were awarded other degrees was Ms Hawa Yakubu, former MP and Minister of State who received Masters (MGL) in Governance, Leadership and Public Management.

Professor Stephen Adei, Rector of GIMPA did not hide his excitement when he said "the dream of quality adult education in Ghana has been realized, we have opened this opportunity to thousands of Ghanaians who would otherwise have been excluded from university education in Ghana."

He said currently about 20 per cent of the country’s members of Parliament were pursuing Masters Programme in Governance and Leadership at GIMPA and there were other masters programmes including one in public sector management for Anglophone West African Countries.

He said GIMPA was committed to building of a strong, professional, efficient and effective civil service. He described as baseless the accusation that GIMPA is expensive and that is why civil servants could not train there saying fees for dedicated training programmes have been pegged at nominal for six years without even inflationary adjustment.

Prof. Adei said, "It is the lack of bold and strategic long-term thinking that has led many of our once premier institutions to denegrate to the point where today they have to contend with the harrowing situation where five people are living in a room meant for one person."

"We in GIMPA have no choice, therefore but to think decades ahead, learn from the experiences of our seniors and do things differently," he added.

He said the institute will need about¢300 billion to create an excellent educational hub for the training of the country’s leaders in politics, public management and business.

The money if accessed would be used to provide facilities such as world class faculty, cutting edge technology, good technical and management systems, state-of-the-art infrastructure and topmost rated programmes, he said and added that GIMPA’s dream would be realized if the Ghana Education Trust Fund could assist with an annual inflow of ¢10 billion for the next ten years.

"GIMPA is committed to building a strong professional, efficient and effective civil service. We are second to none. We cannot and we must not take for granted or leave to chance the selection of those who will lead Ghana’s business, bureaucracy and politics ten to 20 years down the road."

Sunday, November 19, 2006

DRAMA IN COKE CASE


By William Yaw Owusu

Saturday, 18 November 2006
FOUR men standing trial over the disappearance of 77 parcels of cocaine from the MV Benjamin vessel at the Tema Port, were yesterday discharged by a tribunal for lack of prosecution after the Attorney-General (A-G) withdrew the charges.

But in a dramatic development, they were immediately re-arrested, on the orders of the AG.


The four, who were not in court, were to have been freed from prison custody after the discharge but following the orders of the AG, they were not released.


Sources at the AG’s department say they will be put before the Fast Track High Court to face fresh charges.


Joseph Kojo Dawson, a businessman and owner of the vessel; Freeman Sosi, a mechanic; Evans Charwetey Tsekobi, a fisherman, and Alhaji Moro Mohammed, a businessman, were not present at the Greater Accra Regional Tribunal.


Originally, they had been charged with abetment, conspiracy and importation of narcotic drugs but these were withdrawn and substituted with five counts of conspiracy, use of property for narcotic offences and abetment.

Asem Darke, also known as Sheriff who allegedly carted the cocaine away and was charged together with the four men, is still at large while Alhaji Moro has been hospitalised.

Ms Getrude Aikins, a Chief State Attorney and prosecutor of the case, entered the courtroom midway into the proceedings and told the tribunal: "We have entered a ‘nolle prosequi’ for the accused persons," in other words that the AG’s department was "unwilling to pursue" the case against the four.

The decision to discontinue the case was taken on November 15 but was filed yesterday.

Before Ms Aikins interrupted the proceedings with her submission, lawyers of the four accused persons had taken turns to renew their applications for bail for their clients.

Mr Yonni Kulendi, representing Alhaji Moro, said the amendment of Act 714 which makes it impossible for bail to be granted to narcotic suspects had not changed anything.

He said the prosecution had failed to present the facts before the court for the defence to establish their case and continue to detain the accused person.

Mr E.K. Aneley, counsel for Dawson, said his client had admitted to officials of the Narcotics Control Board that Sheriff chartered his vessel which was intercepted on April 27 by the security agencies.

He said his client was once granted bail by an Accra circuit court in connection with the same case.

"It is this total misunderstanding on the part of the prosecution that has led to the charging of my client," he said.

Mr Willie Amarfio, representing Tsekobi, told the packed tribunal that the prosecution had continued to detain the accused persons "unlawfully" without facts.

Boy Identifies Doctors In Korle-Bu Case

By William Yaw Owusu

Saturday, 18 November 2006
THE boy who has sued the Korle-Bu Teaching Hospital for negligence has told an Accra Fast Track High Court that a team of doctors were responsible for the wrongful surgery conducted on his left leg instead of the right.

The 15-year old boy identified the doctors, Addo Kennedy, Korpisah and Agbeko and stated that they all examined him. He could however, not tell who led the team during the surgery because “I had been chloroformed.”


He was concluding his testimony on Wednesday at the court presided over by Mr. Justice E.K. Ayebi.


The suit was filed on behalf of the boy by his mother, Gladys Darko, and cites the governing board of the hospital as well as the three doctor’s for a “wrongful operation” conducted on his left on September 13, 2005.


He is seeking ¢800 million in damages.


According to the suit, the doctors operated on the boy’s left knee instead of the right, after he had been diagnosed with “a torn patella ligament.”


The writ further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.


The boy told the court during the final cross examination by counsel for the hospital Emmanuel Ohene, that the doctors mentioned all “visited me before and after the surgery.”


He said it was Dr Korpisah who examined his right leg and told him to prepare for a surgery and also gave him a note to purchase the Plaster of Paris (POP).


He said Dr. Agbeko was the anaesthetist whose name he saw on the folder adding that he could identify Dr. Addo if he saw him.


“We were three patients in the theatre and I was the third person to be attended to by the doctors,” he said.


He further told the court that he was not aware whether it was Dr. Larnyoh, a consulting surgeon now deceased, who led the team to perform the surgery.


He said he leaned on the left leg from September 2005 to May 2006 before the surgery was done and ‘when I walk for a long time, I feel pains in my legs.”


He said he went to Korle-Bu on July 10, for a review and not a physiotherapy and denied attempting to sneak his folder into the Physiotherapy Department.


Cross examined further by Paa Kwesi Abaidoo, a counsel for Dr. Korpisah, he said, “I stand by my evidence that I was operated upon by a team of medical doctors but I cannot tell who was the leader.”


He said it was his mother who signed the consent form before the surgery was conducted.

Friday, November 17, 2006

La Mantse's Suit Against Gov't Begins Wed.

By William Yaw Owusu

Friday, 17 November 2006
AN Accra Fast Track High Court will next Wednesday, November 22 hear a motion in which Nii Kpobi Tettey Tsuru III, La Mantse, is seeking to restrain the government from developing a piece of land at La, in Accra, for a project for Ghana’s 50th anniversary celebration.

The La Mantse wants the court, presided over by Mr Justice Victor Ofoe, to grant an interlocutory injunction on the development of the La Wireless Station land, situated at Cantoments, pending the determination of the suit.

When the case was called, Mr Joe Ghartey, the Attorney General who led a team of government lawyers said, "We were served with archival materials that need enough research to enable us to respond appropriately."

He said the matter raised by the plaintiff was "very serious" adding that "the circumstances need verification."

Mr William Addo, counsel for the Mantse who wanted the application to be moved right away said, "The issues at stake are very narrow. The matter requires very expeditious hearing."

He urged the court to impress upon the Attorney-General to order the workmen to stop further development of the land in dispute but Justice Ofoe said, "I cannot grant any injunction."

In the statement of claim which was signed by Mr Peter Ala Adjetey, the plaintiff’s lawyer and former Speaker of Parliament on November 10, plaintiff said the land in question popularly referred to as "wireless station land" had "ceased to be used as a wireless station for which it was acquired and consequently the plaintiff is entitled to be given the first option for reacquiring the said land."

He wants a declaration that any development of the said land other than the purpose for which it was compulsorily acquired was unconstitutional or otherwise unlawful.

The plaintiff said the said land is a La stool land and the La Mantse was the lawful occupant to litigate.

"Although the government acquired the land compulsorily under the Public Lands (Leasehold) Ordinance, 1950 (Cap 138) in1957 for a term of 99 years which is yet to expire, for the purposes of establishing a wireless station, the government has since abandoned the use of the land for the establishment of a wireless station."

The plaintiff stated that under Article 20 clause (5) and (6) of the 1992 Constitution the government should have proceeded to allocate portions of the subject-matter for development to various entities or for development by government’s own agencies for purposes other than what is intended to do.

He averred further that if the government went ahead to develop the land it will "result in defeating the title and interest of the La Stool."

Mrs. Rawlings Loses Daily Guide Suit

By William Yaw Owusu

Friday, 17 November 2006
An Accra Fast Track High Court yesterday dismissed a libel suit filed by former First Lady, Nana Konadu Agyeman Rawlings against the publishers of the Daily Guide newspaper, the editor and a reporter of the paper.

Western Publications Limited, the editor, Gina Blay and reporter Ato Sam, (popularly called Baby Ansabah, who is no longer with the paper) were cited for a story in the paper on July 6, 2005, headlined "Milking the Sacred Cow, Konadu Owes ¢2.8 billion to the State".

Mrs. Rawlings had demanded general damages including "aggravated and/or exemplary damages" for libel in respect of the words published by Daily Guide and its editors.

She also sought the court’s order to restrain the defendants from further publishing similar or other libellous statements about her.

She said that the context of the story portrayed her as a fraudulent and dishonest person and the publication had injured her hard-won reputation.

The court, presided over by Justice Iris May Brown, upheld the paper’s position that the publication was made in the public interest.

The court said the fact that the former First Lady as the wife of the then Head of State used her position to secure government loan of "this magnitude" for a private purpose which is yet to be paid "should be of public interest."

Mrs. Justice Brown said the Daily Guide’s defence of "public interest" was acceptable because Mrs. Rawlings herself had admitted that there was nothing wrong with the body of the story but only complained about the headline.

The judge said the plaintiff could not rely on the "mere interpretations" of the words used by the defendants to support her case, saying, "The defence relied on contextual proof and published the story without malice.

"The words complained of must be explained in context and not in isolation," she said.

"In defamation suits, the headline and the body should form the basis of the action," she added.

The court did not award any cost.

Thursday, November 16, 2006

Tabiri Testifies In E. Legon Cocaine Case

By William Yaw Owusu

Thursday, 16 November 2006
SUPERINTENDENT Edward Tabiri of the Property Fraud Unit of the Police Service yesterday told an Accra Fast Track High Court that it was with Grace Asibere Asibi’s assistance that the police were able to seize the 588 kilogrammes of cocaine from East Legon in Accra, on November 24, 2005.

Supt. Tabiri said that when he was assigned to lead a team of police personnel to arrest the suspects at 2 pm that day, he did not know about any pre-arranged information between his superiors and Asibi until "we met her immediately we arrested the suspects."

He was testifying in the case in which Joel Mella, 35, a machine operator, and Halo Cabezza Castillo, 38, businessman, both Venezuelans, are being tried for their alleged involvement in the importation of 588 kilogrammes of cocaine into the country.

David Duarte Vasquez, a boyfriend of Asibi believed to be the leader in the importation of narcotic substance and who has also been charged, is still at large.

Joel and Halo, who were in court, have pleaded not guilty to four counts of conspiracy, importation and possessing of narcotic drugs without lawful authority.

Led in evidence by Ms Getrude Aikins, a Chief State Attorney, Supt. Tabiri told the court that a company called Compimchex, jointly owned by Vasquez, Asibi and one Vicente Cross, was used as a front in the drug business.

He said the company was registered as an import and export entity and dealt in brassieres and panties for ladies under the brand name, Afrodita, adding, "The company once held an exhibition at the Accra International Conference Centre."

He said during police investigations, it came to light that the Ghana Immigration Service in August, last year turned down an application by Vasquez for an entry visa for Mella but he managed to get into the country on September 9, that year.

During cross-examination by Kwabla Dogbe Senanu, Counsel for the accused, Supt.Tabiri told the court that Asibi fronted for Vasquez to acquire the East Legon residence from the owner, Mr Fiagorme "for the purposes of the drug business."

When counsel requested to tender Asibi’s caution statement in evidence through the witness (Supt. Tabiri), the prosecution did not raise any objection.

Supt. Tabiri further told the court that even though the tenancy agreement for the East Legon house was between Asibi and the landlord, "Vasquez and the other accused persons were deeply involved in the importation of cocaine."

"There was a conspiracy. It was not my business to know who started the drug importation. Asibi had come to tell us about the deal and those we arrested were active participants," Tabiri said.

He told the court that although they did not find cocaine on either Mella’s body or in his room, "we found incriminating evidence such as ammonia, a machine that compresses the stuff as well as a notebook that indicates number of kilogrammes sold."

"Mella could speak little pidgin English and made signs that were very clear to us. He was not there as a guest but was also part of the group that was doing the cocaine business," Supt. Tabiri said.

The court, presided over by Mr Justice E.K. Ayebi, adjourned proceedings until November 21, for Supt. Tabiri to be cross-examined by Castillo’s counsel.

Earlier, Ms Aikins told the court that the prosecution had decided to proceed with the trial of the two men because investigations had not been concluded to enable them to charge other people connected with the case.

Traders Urge Reduction Of Hawkers Market Fees

By William Yaw Owusu

Thursday, 16 November 2006
THE Kwame Nkrumah Circle branch of the United Petty Traders Association has appealed to the Accra Metropolitan Assembly (AMA) to reduce the fixed charges of ¢2 million and ¢1 million for a shed and space respectively, at the soon-to-be completed Pedestrians Shopping Mall popularly called hawkers market.

The AMA announced the charges last month but the association’s chairman, Mr. Kwaku Sarkodie Acheampong said, "If the amount cannot be reduced to an affordable level then we are appealing to the AMA to allow our members to pay the money by installment".

Mr. Acheampong was speaking at a press conference to react to rumours that their members were not part of the AMA’s arrangement in the allocation of sheds and spaces.

He said the association comprises 14 different groups and was the first to be contacted when the AMA decided to construct the market in order to discourage street hawking.

Mr. Sarkodie said as far back as September 2004, when the AMA informed them of its intention to construct the market, "we were the first group to write to Taysec Construction for their waste product to fill the water logged areas of the project site".

"I will urge all members not to accept rumours that some traders in the central business districts have claimed ownership of the new market and that traders at Nkrumah Circle were not included.

"It is only those who registered that will be given sheds and spaces which members have done in their numbers," he said.

Mr. Acheampong appealed to the AMA to allow the market to operate 24 hours to attract the large number of tourists and visitors during Ghana’s 50th anniversary celebration.

Mr. Acheampong urged members to abide by the AMA’s bye-laws, ensure that there was no indiscriminate disposal of rubbish, pay their taxes promptly and not sell in the streets.

He also urged them to register for the National Health Insurance Scheme and participate in the impending National Identification exercise.

Wednesday, November 15, 2006

Areeba Asks Court To Stay Proceedings


By William Yaw Owusu

Wednesday, 15 November 2006
THE case in which Richmond Aggrey, a businessman, is claiming 20 per cent shares in Scancom Ghana Limited, operators of Areeba mobile phone service, could not be heard yesterday following the filing of two applications by Areeba, a defendant in the case.

Areeba’s applications were for a motion on notice for stay of proceedings pending appeal, and a notice of appeal at the Court of Appeal seeking to challenge the trial court’s ruling that Mr Aggrey’s writ of summons and service effected on Areeba’s co-defendants were proper.


As a result, the court, presided over by Mr Justice Henry Kwofie, adjourned proceedings until November 20, for the stay of proceedings motion to be moved by Mr Benson Nutsukpui, counsel for Areeba after which Mr Aggrey’s motion for interlocutory injunction can also be moved.


The other defendants in the suit are Investcom Consortium Holdings; S.A. of Beirut, Lebanon and Grandview Management of Texas, United States.


When the case was called at about 9:14 am, Mr Yonni Kulend; counsel for Mr Aggrey, responded by saying: “We have been served with a notice of appeal and a notice of stay of proceedings pending the outcome of the appeal.


“It has been fixed for November 20. We want our application for interlocutory injunction to be adjourned so that their motion can be moved,” he said.


The grounds of appeal as filed by Scancom Ghana Limited on November 3, are that the ruling of the trial court was against the weight of arguments advanced before it and that the judge erred when he disregarded the written statement attached to their application.


“The judge erred when he held that plaintiff’s non-compliance with Order 2 Rule 7 (5) of the High Court. Civil Procedure) Rules, 2004 (C147) was an irregularity that can be armed under Order 81 of C.I. 47 and for that matter non-fatal to the instant action,” Scancom contented.


It further said the court erred by dismissing its motions on notice to strike out the writ of summons and service and added that the court was wrong to have held that since one of the defendants was resident in the country strict adherence of Order 2 Rule 7 (5) of C.I. 47 will occasion injustice.


Scancom, in its motion for stay of proceedings submitted that the relief they are seeking from the Court of Appeal was to set aside the trial court’s ruling and strike out the writ of summons of the plaintiff for non-compliance.


On July 14, the court, presided over by Mr Justice Henry Kwofie, granted an ex-parte application filed by Mr Aggrey to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.


“Continuing, progressing and or concluding a merger with and/or acquisition of Investcom LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited, will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as a third party.”


Following that development, Areeba filed an application on July 24, to strike out Mr Aggrey’s action “in part or whole” on the grounds that that plaintiff failed to adhere to procedures in filing the application.


Areeba had said that Mr Aggrey did not take leave of service before effecting the process on its co-defendants Investcom and Grandview, who are outside the court’s jurisdiction.

Wednesday, November 08, 2006

NAGRAT Appeals Against Ruling

By William Yaw Owusu

Wednesday, 08 November 2006
The National Association of Graduate Teachers (NAGRAT) has filed a notice at the Court of Appeal to challenge an Accra Fast Track High Court declaration that its strike is "unlawful" and "illegal".

NAGRAT wants the Fast Track Court judgment of October 31, to be set aside and another judgement entered in its favour by the Court of Appeal.

The three initial grounds of appeal filed yesterday by solicitors of NAGRAT are: "that the ruling is against the weight of the affidavit evidence and the arguments canvassed before the court,"

The "trial judge erred in holding that the applicant (National Labour Commission) had a cause of action at the time the application was filed," and that "further and other grounds of the appeal will be filed upon receipt of the record of proceedings of the Fast Track Court."

The NLC on October 11, filed a writ at the Fast Track Court contending that NAGRAT did not follow the appropriate procedure and the strike was illegal.

On October 31, the court presided over by Mr. Justice Richard Asamoah, a court of Appeal Judge, declared that the strike was illegal and unlawful and ordered NAGRAT to call off the strike and resume work.

The court had held that although NAGRAT may have a genuine cause of action, it should have adopted proper legal means.

After the court’s ruling NAGRAT declared its intention to appeal and its members have since not gone back to work.

Tuesday, November 07, 2006

Boy Testifies In Suit Against Korle-Bu


By William Yaw Owusu

Tuesday, 07 November 2006
The boy who sued the Korle Bu Teaching Hospital for negligence, told the Fast Track High Court hearing the case yesterday that there was nothing wrong with his left leg when it was operated upon by the hospital.

"I now have pains in my left leg which was wrongly operated upon and cannot play football anymore," the boy who is now 15-years-old told the court.

He was led in evidence by Mr. Thomas Hughes, his counsel.

The suit, filed on behalf of the boy by his mother, Gladys Darko, cites the governing board of the hospital as well as Dr. Kennedy Addo, Dr. Korpisah and Dr. Agbeko, all of the hospital, for a "wrongful operation" conducted on his leg on September 13, last year.

He is asking for ¢800 million in damages.

The doctors, according to the suit, operated on the boy’s left knee instead of the right, after he had been diagnosed with "a torn patella ligament."

The writ further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.

He told the court that he sustained the injury sometime in May, 2005 in a juvenile football league match between his team, Boca Juniors and Raskid Football Club and it took his parents two weeks to take him to hospital because there was no money.

When he was eventually taken to hospital "we were told that a surgery would be performed on my right knee and my parents were made to buy materials for Plaster of Paris (POP) and I also went for an x-ray examination."

He said he went for a medical review before the surgery and after the surgery had been performed "I realised that the doctors had operated on my left knee instead of right.

"I informed the nurses that the doctors have operated on the wrong knee. My mother then took the matter up from there."

During cross examination by Mr. Emmanuel Ohene, counsel for the defendants, the boy denied that he went in for herbal treatment before visiting the hospital.

He said he had the medical folder with him which he sometimes read through.

He said he could not complete the physiotherapy programmes at the hospital because there was no money after his father’s death and added that he did not tell the doctors of the family’s financial predicament.

The boy tendered in evidence a video clip of the match in which he got injured, photographs and also showed the scars of the operations to the court.

He told the court that he had ceased going to the hospital because the authorities there had refused to attend to him since June 12 and he is currently undergoing treatment at a hospital at Osu, Accra.

Further hearing was adjourned to November 15.

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Monday, November 06, 2006

2 Committees To Aid Court System

By William Yaw Owusu

Monday, 06 November 2006
Two committees to facilitate and support the administration of justice in the country were inaugurated in Accra on Friday.

They are the committee on mainstreaming Alternative Dispute Resolution (ADR) and the Committee on Child Panel, both to be chaired by Justice Georgina T. Wood, a Supreme Court judge.

The ADR committee will facilitate the disposal of cases out of court while the child panel committee is to assist the district assemblies to ensure that cases involving children are handled with care.

Inaugurating them, Justice William Atugubah, a Supreme Court judge said, "ADR is an indispensable way of resolving human conflicts satisfactorily."

He said the courts system had been overloaded with cases and the ADR mechanism was one of the surest ways of helping to ease the pressure on the courts.

He said ADR is a sacred social function that needs to be encouraged to ensure a smooth administration of justice, adding that "it can help establish a peaceful and united system."

On the child panel, Justice Atugubah said the proliferation of western culture had made it difficult for parents to have total control over their children.

As a result, more child-related cases had found their way to the courts, he said adding, "the juvenile misdirection in the country can therefore be effectively arrested by the guidance of this committee."

Mrs. Justice Wood who spoke on behalf of the Chief Justice said "the alarming and frightening statistics of the number of disputes that find their way into the courts make ADR concept one of the best approaches to fulfilling over mandate."

She said the ADR concept forms part of the new court rules and has been incorporated into the court system.

"A well structured programme for recruiting, managing and maintaining experts in ADR and children’s issues will be put in place to ensure that the programme gets a national touch," she said.

She also commended some legal firms and practitioners as well as individuals for offering pro bono (free) legal services to the Judicial Service.

Nene Amegatcher, a member of the ADR committee on behalf of other members promised to live up to expectation as far as administration of justice was concerned.

Cocaine Trial Judge Still On Vacation

By William Yaw Owusu

Saturday, 04 November 2006
A large crowd that thronged the 28th February Road Courts, popularly called Cocoa Affairs yesterday, to witness the trial of the four alleged cocaine barons, for the second time went home disappointed.

This is because the trial judge had not returned from his annual leave, hence the case could not be heard. On October 9 when they came to court, the case was not heard because the judge had proceeded on leave.

Kwabena Amaning, popularly called Tagor, Alhaji Issah Abass, Kwabena Acheampong ad Victor Kisseh, also known as Yaw Billah, are standing trial for their alleged involvement in the disappearance of 77 parcels of cocaine from the MV Benjamin vessel at the Tema Port.

They are facing provisional charges of conspiracy, engaging in prohibited business related to narcotic drugs and establishing and promoting a narcotic drug-related enterprise.

Although the lawyers knew that the judge was still on leave, they joined the prosecutor, Getrude Aikins, a Chief State Attorney, in the court to agree on the next adjourned date.



She later told the Times that they had agreed to return to the court on November 22. "We are trying to put the cases together and that is why we agreed on this date," she added.

On October 4, the court discharged Kwadwo Ababio who was being tried together with the four, following the prosecution’s submission that it was no longer interested in prosecuting him.

Tagor, Abass, Acheampong and Ababio were arrested on August 2, after testifying before the Justice Georgina Wood Committee, while Yaw Billah was picked up later.

The provisional facts as presented by Deputy Superintendent of Police (DSP) Abichab Boye, when the trial commenced on August 4, are that some time in November last year, the police had a tip-off about the arrival of a vessel, MV Benjamin, at the Tema Port with 78 parcels of cocaine.

However, when the police raided the vessel, only one parcel was found.

Police investigations, he said, later revealed that the other 77 parcels were removed from the vessel before the raid and that the accused persons were suspected to have had knowledge about the missing cocaine parcels.

Friday, November 03, 2006

Court Bailiffs' Job Privatised

By William Yaw Owusu

Friday, 03 November 2006
COURT bailiffs will no longer be employed by the Judicial Service following the privatisation of their main duty to seven private companies.

However, those who are already in the service will not be dismissed. They will either carry out other bailiff duties or re-assigned to carry out other duties for the service.

Chief Justice George Kingsley Acquah announced this at a ceremony on Tuesday to present licences to the private companies.

"It is not the entire bailiff duties that have been privatised. What has been privatised is the serving of court processes and some of the court bailiffs will continue to work, while others found to be better suited for other units of the service will be re-assigned," he explained.

He said the companies’ involvement in serving court processes on litigants is under the private servers’ scheme of the Judicial Service, and added that the privatisation of the process formed part of the service’s reform and modernisation programme to improve justice delivery in the country.

"This aspect of the reform programme received legal backing with the coming into force of the new High Court Civil Procedure Rules C.I.47 of 2004, which empowers the court to appoint private process servers," he stated.

Justice Acquah said the scheme, started on a pilot basis last year in Accra, yielded satisfactory results saying, "Out of 21,150 processes received, 18,751 were served, representing 89 per cent. The 11 per cent which was not served was a result of insufficient addresses."

He noted that the activities of some court bailiffs over the years had created a lot of problems as far as the administration of justice was concerned and that "their activities and ineffectiveness contributed to the numerous adjournments of cases."

The seven licensed companies include: Johnson Complex Company Limited, which will handle the Fast Track High Courts; A-Men International Limited will handle the Supreme Court, Court of Appeal and all the unautomated high courts in Accra.

City Toll Limited will be in charge of the commercial courts and the Ho High Court while Vaskab Company Limited will serve the Tema high courts.

Fresh Charges For 5 Suspects In Cocaine Case


By William Yaw Owusu

Friday, 03 November 2006
Fresh charges were yesterday preferred against the five men standing trial at the Greater Accra Regional Tribunal for their alleged involvement in the disappearance of 77 parcels of cocaine from the MV Benjamin vessel at the Tema port.

The accused, Joseph Kojo Dawson, a businessman; Asem Darke also called Sheriff, Freeman Sosi, a mechanic, Evans Charmetey Tsekobi, a fisherman and Alhaji Moro Mohammed, a businessman now face five counts conspiracy, use of property for narcotic offence and abetment.

Originally they were charged with abetment, conspiracy and the importation of narcotic drugs.

Sheriff is at large and Moro has been hospitalised.

The charges were read to the remaining three who were in court, but the tribunal, presided over by Justice Frank Manu did not take their pleas and remanded them into prison custody until November 17.

Their counsel did not oppose the prosecution’s request for the accused to be remanded but urged the tribunal to make specific orders to the prosecution to read the facts of the case at the next adjourned date. However the judge declined, explaining that the prosecution needed to be given time to work on their case.

Asking for the accused persons to be remanded, Getrude Aikins, a Chief State Attorney said the police needed to conduct thorough investigations into the matter before the facts of the case could be read.

"The accused persons are being held on reasonable suspicion and may abscond if they are granted bail", she said.

She said parliament saw the need to amend Act 714 to make it impossible for narcotic suspects to get bail because "our country is in danger of the influx of narcotic drugs and we are acting swiftly to salvage the situation."

Ms. Aikins argued that the nature of the case was such that "you cannot conclude investigations within a short period. We are dealing with people who know the kind of business they are dealing in."

She said the police had used the best techniques to come this far, adding "we have done the best we can and before November ends we will make a breakthrough."

One of the defence counsel, Willie Amarfio, criticised the prosecution for using the courts as a conduit to incarcerate their clients unlawfully.

After the court’s proceedings, attacks against journalists covering the case reared their ugly head once again when sympathisers and family members of the accused persons almost assaulted them.

The assailants, numbering about 15, subjected the journalist to threats and insults and not even the presence of police could deter them.

Justice James B. Benson, a high court judge who saw the scene on his way out of his office, quickly escorted the journalists to a safe place.

Thursday, November 02, 2006

Areeba Suit Adjourned


By William Yaw Owusu

Thursday, 02 November 2006
THE Commercial Court in Accra, yesterday adjourned to November 14 proceedings of the case which Mr Richmond Aggrey, a businessman, is claiming 20 per cents shares in Scancom Ghana Limited, operators of Areeba GSM.

The court, presided over by Justice Henry Kwofie, said it took the decision because Investment Consortium Holdings S.A. of Beirut, Lebanon, the first defendant in the case, did not receive the processes in time to enable it to file response.

Other defendants in the suit include Scancom Limited and Grandview Management of Texas, United States.

On July 14 the court granted Mr Aggrey an ex-parte order to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.

Plaintiff’s statement of claim stated in part…. continuing, progressing and/or concluding a merger with and/or acquisition of Investment LLC by MTC Company of South Africa without taking into account and or providing for the plaintiff’s 20 per cent shares in Scancom Limited, will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as a third party."

Following the plaintiff’s moves, Scancom Limited on July 24, filed an application seeking to strike out Mr Aggrey’s action "in part or whole" on the grounds that plaintiff failed to adhere to laid down procedures in filing the application.

Scancom Limited had argued that Mr Aggrey did not take leave of services of the court before effecting the process on its co-defendants, Investcom and Grandview, who are outside the court’s jurisdiction.

But the court on October 20, ruled that although failure to apply for leave to issue the writ was "an irregularity", Order 81 of the High Court Rules could be used to ‘cure’ the irregularity and consequently ordered the defendants to file their defence within 14 days.

When the case was called yesterday for the motion to be moved, Mr Charles Puozuing, standing in for Yonni Kulendi, counsel for Mr Aggrey, told the court that his client needed some time to be able to respond appropriately to Investcom’s statement of defence.

Mr Larry Otoo, counsel for Investcom, at this point, cut im to say, "the situation could have been averted if the plaintiff had served the processes on us on time. We got it at 1.45 pm yesterday and responded to it this morning."

Mr Benson Nutsukpui, counsel for Scancom Limited, told the court that his clients were not happy with the reportage on the proceedings by a section of the media.

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Wednesday, November 01, 2006

COURT ORDERS NAGRAT BACK TO THE CLASSROOM

By William Yaw Owusu

Wednesday, 01 November 2006
AN Accra Fast Track High Court yesterday declared the strike by the National Association of Graduate Teachers (NAGRAT) illegal and ordered its leadership and members to call off the strike. An "illegality" cannot be allowed just because it is meant to achieve a good objective, the court stated.

The ruling of the court, presided over by Justice Richard Asamoah, implies that members of NAGRAT are to return to the classroom immediately.

However, NAGRAT has stated its intention to appeal.

After the ruling, considered to be a test case of the National Labour Commission’s (NLC) powers, Evans Dzikunu, a counsel for NAGRAT told the Times: "We are going to appeal against this ruling."

The suit against NAGRAT was filed by the NLC on October 11 asking the court, among other things, to compel NAGRAT to comply with the Chief Labour Officer’s directive which asked them to go back to the classroom to teach.

The court in ordering NAGRAT to call off the strike said: "it is needless for the court to say that NAGRAT has a genuine cause; but to achieve this it must adopt proper, legal means.’

"No one must be allowed to use illegality to achieve good ends otherwise it will give room to lawlessness in the country," said Justice Asamoah.

He said it was not proper for NAGRAT to treat the Chief Labour Officer’s order with contempt because the NLC has the powers of a high court adding that, "the order issued by the NLC was valid."

Justice Asamoah noted that sections 139 and 172 of the Labour Act did not set "condition precedent", explaining that NAGRAT’s contention that there needed to be a complaint from the Ghana Education Service (GES) who are the employers of NAGRAT before the NLC instituted the court action, did not apply.

The NLC’s motion, moved by its counsel J. Opoku Agyei on October 25 said, among other things, that NAGRAT did not indicate that any dispute existed between it and the GES which should have been refered to the

Plan Sweden Team Assesses Projects

By William Yaw Owusu

Wednesday, 01 November 2006
BARELY a year after Plan Sweden and Ghana collaborated to stage a musical concert to raise funds in support of child development programmes in the country, the Swedish counterparts have returned to assess the impact of the programme.

The assessment will involve interviews of local people, television coverage and visits to project sites by the three-member delegation.
Based on their report, Sweden could strategize for future fund raising campaigns and sponsorship.

Last year’s concert saw about 28,000 sponsors from Sweden raising a total of 590,000 dollars to support child development projects.

Currently the proceeds are being used to build pre-schools, basic schools, teachers accommodation, a community library as well as child-rights support programmes in about nine communities around Bawjiase in the Central Region.

At a meeting in Accra on Monday before the team left for the beneficiary communities Ms. Adelaide Nartey, sponsorship manager of Plan Ghana, said they were currently operating in five programme areas of three regions namely Central, Eastern and Upper West.

Ms. Nartey said Plan Ghana had sponsored more than 24,000 children in their education since the organization started operation in the country.

Mrs. Emelia Allan of the Bawjiase programme area of Plan Ghana, said the projects were being managed by the communities themselves and the idea was to ensure all round participation.

She said they had complemented governments effort to send medical care to the doorsteps of rural people and had supported various health programmes such as immunization, breast feeding, birth registration exercise and adolescent reproductive health activities.

Bjorn Tjarnberg, a member of the Swedish delegation said, "We want to use the Odumase experience to build on our effort to support more children.

Special ID Cards Launched For Herbalists

By William Yaw Owusu

Tuesday, 31 October 2006
FOR the first time, members of the Ghana Traditional Medicine Practitioners Association (GHAFTRAM) not only have identity cards but also a code of ethics.

This is to ensure that only members of the association manufacture and sell traditional medicine, certified by the relevant authorities.

At a ceremony in Accra on Sunday, the new identity cards were launched by Major (rtd), Courage Quashigah, Minister of Health.

Speaking at the ceremony, Dr. Joachim Soweta, country representative of the World Health Organization, noted that Ghana is a step ahead of other African countries in efforts to improve the use of traditional medicines.

"The structures are almost in place. What you need now is to ensure that there is quality, safety and rational use of traditional medicines", he explained.

Major Quashigah said about 70 percent of rural and peri-urban people seek traditional remedies or practices for their health needs.

As a result,the Mimister said the situation placed enormous responsibility on the health ministry to "take a critical look at traditional medicine practices to ensure safety and effectiveness of the services."

He said a structure of relationship and control through education and regulations were required to open traditional medicine to modernization and quality assurance.

Major Quashigah said a code of ethics and standard practice for traditional medicine practitioners had been developed and further translated into Twi, Ewe and Dagbani.

He said a committee is working on an essential herbal medicines list to select safe and efficacious products for use, while the Kwame Nkrumah University of Science and Technology (KNUST) has introduced a programme for the study in herbal medicine.

He charged practitioners to "be at the forefront of environmental hygiene and sanitation," and also make themselves and products attractive "so that nobody will have an excuse to ignore you."

Nana Agya Appiah, president of GHAFTRAM, said that the launch of the membership card would ensure "a sense of identity and belongingness."

"Bearing the card entails enormous responsibility. It is true for us to move to support government to see to the health needs of the people."

Miss Ghana 2005 Lamisi Mbillah, a guest at the event, called on all traditional medicine practitioners to join GHAFTRAM to ensure the rapid development of traditional medicine.



Ms. Mbillah has been supporting the WHO and the MOH in the guinea-worm eradication campaign and this project won her the title of "Beauty with a purpose" at the just ended Miss World Beauty pageant held in Warsaw, Poland last month.

Otumfuo Osei Tutu II, the Asantehene who was represented by the Samankwahene, bought one of the cards for ¢50 million as his contribution towards the promotion of traditional medicine in the country.