By William Yaw Owusu
Friday, 23 February 2007
THE Fast Track High Court in Accra has, for the third time, deferred judgment in the case of Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is being tried for causing financial loss to the state, because he has filed an appeal before the Supreme Court.
The court, presided over by Mrs. Justice Henrietta Abban, a Court of Appeal judge, had to defer the judgement yesterday to April 18, because Mr. Tsikata has a notice of appeal pending before the Supreme Court in connection with the case.
The appeal seeks to find whether or not the International Finance Corporation (IFC) should be subpoenaed to testify in the trial.
The IFC had argued that it had immunity from the processes of the country’s courts, a position the trial court and the Court of Appeal had upheld.
But Mr. Tsikata contends that the refusal to invite the IFC to testify was "a miscarriage of justice".
The court decided on the date in consultation with Mr. Tsikat’s lawyers, Professor E.V.O Dankwa and Major RS Agbenator (rtd). The prosecution was not in court.
Mr. Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991. He is facing another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise Du Development (AFD) in 1991, but defaulted in 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 bail.
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Friday, February 23, 2007
Thursday, February 22, 2007
AMA Plans Property Re-evaluation
By William Yaw Owusu
Thursday February 22,2007
EFFORTS by Accra Metropolitan Assembly to increase its revenue received a major boost with the submission of the first batch of reports on the re-evaluation of all properties in the Metropolis.
The exercise which commenced last November was conducted by the Land Valuation Board (LVB) at the request of the assembly.
The AMA is expected to increase revenue from property rates therefore if the recommendations in the report are implemented effectively.
Alex Sarfo, Executive Director of Ratings Valuation Division of the LVB, said the first batch of the report covered 21,054 properties with a total rateable value of ¢7.99 trillion.
He said the valuation, progressing simultaneously in t6he rest of the five divisions mapped out6 under the exercise is expected to be completed by the end of April.
Mr Sarfo said the last time a valuation exercise was conducted was in 1996 adding that “we applied the 2006 values to ensure that the AMA generate more revenue.”
“A lot of properties that were not in the tax net have been captured and it is going to boost the AMA’s revenue generation.”
Stanley Nii Adjiri Blankson, the Metropoli8tan Chief Executive said the current situation where only 63,000 properties were in the AMA tax net was unacceptable.
By the end of March when the exercise is completed, the number of properties expected to pay taxes will triple from what I am seeing.”
He said “we will start to reap what has been denied us for a long time. The AMA will then start thinking of standing on its feet and not necessarily depend on the central government.
The Mayor said the AMA had come to the realization that Accra was developing rapidly and the appropriate strategies needed to be adopted to meet such challenges.
AMA Co-ordinating Director Isaac Ajovu said the report will serve as a means to update its data adding “we will take advantage of this to increase our revenue tremendously.”
He said the AMA, through the sub-metros, will display the new property rates to elicit feed back from the public implementation.
Thursday February 22,2007
EFFORTS by Accra Metropolitan Assembly to increase its revenue received a major boost with the submission of the first batch of reports on the re-evaluation of all properties in the Metropolis.
The exercise which commenced last November was conducted by the Land Valuation Board (LVB) at the request of the assembly.
The AMA is expected to increase revenue from property rates therefore if the recommendations in the report are implemented effectively.
Alex Sarfo, Executive Director of Ratings Valuation Division of the LVB, said the first batch of the report covered 21,054 properties with a total rateable value of ¢7.99 trillion.
He said the valuation, progressing simultaneously in t6he rest of the five divisions mapped out6 under the exercise is expected to be completed by the end of April.
Mr Sarfo said the last time a valuation exercise was conducted was in 1996 adding that “we applied the 2006 values to ensure that the AMA generate more revenue.”
“A lot of properties that were not in the tax net have been captured and it is going to boost the AMA’s revenue generation.”
Stanley Nii Adjiri Blankson, the Metropoli8tan Chief Executive said the current situation where only 63,000 properties were in the AMA tax net was unacceptable.
By the end of March when the exercise is completed, the number of properties expected to pay taxes will triple from what I am seeing.”
He said “we will start to reap what has been denied us for a long time. The AMA will then start thinking of standing on its feet and not necessarily depend on the central government.
The Mayor said the AMA had come to the realization that Accra was developing rapidly and the appropriate strategies needed to be adopted to meet such challenges.
AMA Co-ordinating Director Isaac Ajovu said the report will serve as a means to update its data adding “we will take advantage of this to increase our revenue tremendously.”
He said the AMA, through the sub-metros, will display the new property rates to elicit feed back from the public implementation.
The Missing Cocaine Case Secret Recording Played In Court
By William Yaw Owusu
Thursday February 22, 2007
The secret tape recording of the conversation between ACP Kofi Boakye, former Director of Police Operations, and some suspected drug dealers, was yesterday played at an Accra Fast Track High Court.
It was brought to the court by Mr. Yaw Baah, Member of Parliament for Kumawu in the Ashanti Region, who was in court as the sixth prosecution witness in the trial of two persons charged with having knowledge of the disappearance of 76 parcels of cocaine from the MV Benjamin vessel at the Tema Port in April 2006.
Mr. Baah was in court to play the tape in his capacity as a member of the Justice Georgina Wood Committee, the fact-finding body set up by the Ministry of the Interior to investigate the missing cocaine and another quantity seized at a house in East Legon in Accra.
Kwabena Amaning popularly called Tagor and Alhaji Issah Abass are among 14 people recommended by the committee after its three months of investigation for prosecution for their alleged involvement in the missing parcels.
Tagor is facing four counts of conspiracy, engaging in prohibited business relating to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs while Abass has been charged with three counts of conspiracy, engaging in prohibited business relating to narcotic drugs and supply of drugs.
Led in evidence by Ms. Getrude Aikins, the acting Director of Public Prosecutions (DPP), Mr. Baah told the court, presided over by Justice Jones Dotse of the Court of Appeal, that he was Parliament’s representative on the committee.
“We began our work in the first week of July and ended it in the last week of October, last year, and submitted our report to the Attorney-General through the Minister of the Interior.
“In order to facilitate our work, we received all kinds of documents and the cassette of the secret recording of the conversation between ACP Boakye and others was ‘dropped’ by an anonymous person.
“We listened to the recording and saw that it contained vital information so we formally invited those whose voices were on the tape including Tagor and Abass,” he said.
“It was played to their hearing and ACP Boakye, Kwabena Acheampong, Alhaji Moro of Kumasi, Tagor and Abass all admitted afterwards that it was their voices.”
Before the tape which had poor sound quality was played, Ellis Owusu-Fordjuor and Mohammed Attah, representing Abass and Tagor respectfully, objected to playing it on the grounds that Mr. Baah had not been able to lay any legal foundation as to the source of the recording and also the exhibit had not been tendered.
But Ms. Aikins argued that sections 142 and 136 (1) of the Evidence Decree clearly supports what we are seeking to do and it does not need to be tendered before it is listened to.
The judge overruled counsel’s objection saying, “Sufficient foundation has been laid for the witness to listen to the tape and identify it.”
During the cross-examination, the MP told the court that the committee was only interested in the relevance of the recordings and not its source.
“I do admit that at various instances raised, was the issue of sound quality on the tape but in the long run they all admitted it was their voices. It was not only ACP Boakye who accepted that it was his voice, they all admitted to it.”
He said he could not remember that ACP Boakye at a point told the court that the tape had been edited. “We concentrated on this recording because it fell with the time frame of one-and-a-half hours of the meeting time.
Mr. Baah further told the court that they sought the assistance of experts to transcribe and interpreter the recording and “we did not discover the missing parcels but those who played various roles were identified.”
On the issue of the involvement of Manhyia on the recordings, the MP said, “What I heard was Ohene (Chief). The voice was not specific on that.”
He said Moro denied before the Committee of his links with Manhyia to seek the palace’s intervention for Tagor.
“Otumfuo does not tolerate such criminal acts and if the issue gets to him he would have held Tagor’s hand to the police,” witness quoted Moro as telling the committee.
After the MP came the Seventh Prosecution Witness, Detective Inspector Charles Adaba, attached to the Criminal Investigations Department (CID) Headquarters, the investigator who took over the case after the committee’s had submitted its report.
He said it was Mr. Joe Ghartey, the then Attorney-General who handed over the recording and some transcripts to him to continue the investigations.
He said that he contacted some media houses which also had copies of the recordings to establish its source but they all declined to disclose their sources.
“I tried my best to establish the source of the recording but the effort proved futile,” he said.
When the prosecution attempted to tender the tape recording through Detective Inspector Adaba, defence counsel objected to it and the court adjourned proceedings until March 14, for the court to rule on it.
Thursday February 22, 2007
The secret tape recording of the conversation between ACP Kofi Boakye, former Director of Police Operations, and some suspected drug dealers, was yesterday played at an Accra Fast Track High Court.
It was brought to the court by Mr. Yaw Baah, Member of Parliament for Kumawu in the Ashanti Region, who was in court as the sixth prosecution witness in the trial of two persons charged with having knowledge of the disappearance of 76 parcels of cocaine from the MV Benjamin vessel at the Tema Port in April 2006.
Mr. Baah was in court to play the tape in his capacity as a member of the Justice Georgina Wood Committee, the fact-finding body set up by the Ministry of the Interior to investigate the missing cocaine and another quantity seized at a house in East Legon in Accra.
Kwabena Amaning popularly called Tagor and Alhaji Issah Abass are among 14 people recommended by the committee after its three months of investigation for prosecution for their alleged involvement in the missing parcels.
Tagor is facing four counts of conspiracy, engaging in prohibited business relating to narcotic drugs, buying of narcotic drugs and supply of narcotic drugs while Abass has been charged with three counts of conspiracy, engaging in prohibited business relating to narcotic drugs and supply of drugs.
Led in evidence by Ms. Getrude Aikins, the acting Director of Public Prosecutions (DPP), Mr. Baah told the court, presided over by Justice Jones Dotse of the Court of Appeal, that he was Parliament’s representative on the committee.
“We began our work in the first week of July and ended it in the last week of October, last year, and submitted our report to the Attorney-General through the Minister of the Interior.
“In order to facilitate our work, we received all kinds of documents and the cassette of the secret recording of the conversation between ACP Boakye and others was ‘dropped’ by an anonymous person.
“We listened to the recording and saw that it contained vital information so we formally invited those whose voices were on the tape including Tagor and Abass,” he said.
“It was played to their hearing and ACP Boakye, Kwabena Acheampong, Alhaji Moro of Kumasi, Tagor and Abass all admitted afterwards that it was their voices.”
Before the tape which had poor sound quality was played, Ellis Owusu-Fordjuor and Mohammed Attah, representing Abass and Tagor respectfully, objected to playing it on the grounds that Mr. Baah had not been able to lay any legal foundation as to the source of the recording and also the exhibit had not been tendered.
But Ms. Aikins argued that sections 142 and 136 (1) of the Evidence Decree clearly supports what we are seeking to do and it does not need to be tendered before it is listened to.
The judge overruled counsel’s objection saying, “Sufficient foundation has been laid for the witness to listen to the tape and identify it.”
During the cross-examination, the MP told the court that the committee was only interested in the relevance of the recordings and not its source.
“I do admit that at various instances raised, was the issue of sound quality on the tape but in the long run they all admitted it was their voices. It was not only ACP Boakye who accepted that it was his voice, they all admitted to it.”
He said he could not remember that ACP Boakye at a point told the court that the tape had been edited. “We concentrated on this recording because it fell with the time frame of one-and-a-half hours of the meeting time.
Mr. Baah further told the court that they sought the assistance of experts to transcribe and interpreter the recording and “we did not discover the missing parcels but those who played various roles were identified.”
On the issue of the involvement of Manhyia on the recordings, the MP said, “What I heard was Ohene (Chief). The voice was not specific on that.”
He said Moro denied before the Committee of his links with Manhyia to seek the palace’s intervention for Tagor.
“Otumfuo does not tolerate such criminal acts and if the issue gets to him he would have held Tagor’s hand to the police,” witness quoted Moro as telling the committee.
After the MP came the Seventh Prosecution Witness, Detective Inspector Charles Adaba, attached to the Criminal Investigations Department (CID) Headquarters, the investigator who took over the case after the committee’s had submitted its report.
He said it was Mr. Joe Ghartey, the then Attorney-General who handed over the recording and some transcripts to him to continue the investigations.
He said that he contacted some media houses which also had copies of the recordings to establish its source but they all declined to disclose their sources.
“I tried my best to establish the source of the recording but the effort proved futile,” he said.
When the prosecution attempted to tender the tape recording through Detective Inspector Adaba, defence counsel objected to it and the court adjourned proceedings until March 14, for the court to rule on it.
Police Freed Coke Susupects-Investigator
By William Yaw Owusu
Thursday, 22 February 2007
THE initial investigator in the case of the three policemen standing trial over the missing 76 parcels of cocaine, said that the only time the police got in touch with Asem Darke, popularly called Sheriff, the police’s most wanted man, was when the three arrested the fugitive and left him off the hook after collecting an undisclosed amount.
"Even though the three policemen did not admit receiving the money which was in dollars from Sheriff, traces in their caution statements show that they followed him to his house at Community 5, Tema, to take the money," Detective Inspector Justice Oppong, the eighth prosecution witness, told an Accra Fast Track High Court on Tuesday.
Detective Oppong of the Regional Criminal Investigation Department (CID) of the Police Service, said this when he concluded his evidence before the Fast Track High Court trying the policemen for their involvement in the disappearance of 76 parcels of the cocaine brought into the country on board by the MV Benjamin vessel.
The three are Lance Corporal Dwamena Yabson, Sergeant David Nyarko and Lance Corporal Peter Bundorin.
Another policeman, Detective Sergeant Samuel Yaw Amoah, escaped soon after he was granted bail by an Accra Circuit Court in September, last year.
The policemen, with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Cross examined by Musah Ahmed, counsel for Nyarko and Bundorin, Detective Oppong told the court that Amoah admitted in his statement that Sheriff had said at the Kpone beach that the cocaine the policemen were looking for had already been carted away.
He said Amoah had told the Justice Georgina Wood Committee that investigated the cocaine that all the accused persons including himself, took money from Sheriff and his share was 3,000 dollars.
Inspector Oppong further told the court that the white man at the beach with Sheriff called Killer or Yang Song, a Korean, adding "played a pivotal role in the whole saga."
"Killer and Sheriff arranged for the vessel and paid for it and put the crew on board and it was the same people who carted the cocaine from the Kpone Beach."
He said they used "due process" to get the accused persons to write their statements, adding "they voluntarily gave their statements. It was not taken under duress."
The court, presided over by Justice Annin Yeboah of the Court of Appeal, adjourned proceedings until March 13.
In a related development, a prosecution witness in the case of the owner of MV Benjamin vessel and five others including two Chinese and a Korean, has told the Fast Track Court that the vessel was registered on April 20, 2000 as MV Benjamin and not Adede II.
Mr Eugene Offei-Boohene, Registrar of Ships and a Shipping Superintendent at the Ghana Martime Authority in Takoradi, testified as the fifth prosecution witness on Tuesday in the case in which the six have been charged with the importation of the 77 parcels of cocaine.
The vessel owner, Joseph Kojo Dawson, 34, Pak Bok Sil, a Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic; Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese, have been charged with various roles they played in the importation of the cocaine to the Tema Port.
Seventy-six of the parcels are reportedly missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business related to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs with unlawful authority.
Led in evidence by Mr William Kpobi, a Principal of the Attorney, Mr Offei-Boohene told the court that Dashment Shipping Company Limited of which Dawson is a director registered the vessel in 2000.
He said MV Benjamin was previously a Korean vessel by name MV Duk 67 before the name was changed.
Mr Offei-Boohene further told the court that registration of the crew was a compulsory aspect on the registration procedures adding that "the MV Benjamin satisfied all our requirements before it was registered."
He said between January and April 2006, no crew member was registered to work in the vessel and that by the laws of Ghana, a chatterer of a vessel is responsible for registering the crew and putting them on board.
The court, presided over by Justice Annin Yeboah of the Court of Appeal, adjourned the case until March 12.
Thursday, 22 February 2007
THE initial investigator in the case of the three policemen standing trial over the missing 76 parcels of cocaine, said that the only time the police got in touch with Asem Darke, popularly called Sheriff, the police’s most wanted man, was when the three arrested the fugitive and left him off the hook after collecting an undisclosed amount.
"Even though the three policemen did not admit receiving the money which was in dollars from Sheriff, traces in their caution statements show that they followed him to his house at Community 5, Tema, to take the money," Detective Inspector Justice Oppong, the eighth prosecution witness, told an Accra Fast Track High Court on Tuesday.
Detective Oppong of the Regional Criminal Investigation Department (CID) of the Police Service, said this when he concluded his evidence before the Fast Track High Court trying the policemen for their involvement in the disappearance of 76 parcels of the cocaine brought into the country on board by the MV Benjamin vessel.
The three are Lance Corporal Dwamena Yabson, Sergeant David Nyarko and Lance Corporal Peter Bundorin.
Another policeman, Detective Sergeant Samuel Yaw Amoah, escaped soon after he was granted bail by an Accra Circuit Court in September, last year.
The policemen, with the Tema Regional Police Command, have pleaded not guilty to two counts of engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently in police custody.
Cross examined by Musah Ahmed, counsel for Nyarko and Bundorin, Detective Oppong told the court that Amoah admitted in his statement that Sheriff had said at the Kpone beach that the cocaine the policemen were looking for had already been carted away.
He said Amoah had told the Justice Georgina Wood Committee that investigated the cocaine that all the accused persons including himself, took money from Sheriff and his share was 3,000 dollars.
Inspector Oppong further told the court that the white man at the beach with Sheriff called Killer or Yang Song, a Korean, adding "played a pivotal role in the whole saga."
"Killer and Sheriff arranged for the vessel and paid for it and put the crew on board and it was the same people who carted the cocaine from the Kpone Beach."
He said they used "due process" to get the accused persons to write their statements, adding "they voluntarily gave their statements. It was not taken under duress."
The court, presided over by Justice Annin Yeboah of the Court of Appeal, adjourned proceedings until March 13.
In a related development, a prosecution witness in the case of the owner of MV Benjamin vessel and five others including two Chinese and a Korean, has told the Fast Track Court that the vessel was registered on April 20, 2000 as MV Benjamin and not Adede II.
Mr Eugene Offei-Boohene, Registrar of Ships and a Shipping Superintendent at the Ghana Martime Authority in Takoradi, testified as the fifth prosecution witness on Tuesday in the case in which the six have been charged with the importation of the 77 parcels of cocaine.
The vessel owner, Joseph Kojo Dawson, 34, Pak Bok Sil, a Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic; Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese, have been charged with various roles they played in the importation of the cocaine to the Tema Port.
Seventy-six of the parcels are reportedly missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business related to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs with unlawful authority.
Led in evidence by Mr William Kpobi, a Principal of the Attorney, Mr Offei-Boohene told the court that Dashment Shipping Company Limited of which Dawson is a director registered the vessel in 2000.
He said MV Benjamin was previously a Korean vessel by name MV Duk 67 before the name was changed.
Mr Offei-Boohene further told the court that registration of the crew was a compulsory aspect on the registration procedures adding that "the MV Benjamin satisfied all our requirements before it was registered."
He said between January and April 2006, no crew member was registered to work in the vessel and that by the laws of Ghana, a chatterer of a vessel is responsible for registering the crew and putting them on board.
The court, presided over by Justice Annin Yeboah of the Court of Appeal, adjourned the case until March 12.
Wednesday, February 21, 2007
Abodakpi Applies For bail
By William Yaw Owusu
Wednesday, 21 February 2007
An Accra Fast Track High Court will, on March 5 commence hearing of an application for bail pending appeal for former Trade and Industry Minister, Daniel Kwasi Abodakpi, who was jailed 10 years by the court on February 5.
The application for bail pending an appeal could not be moved yesterday by the court because an application by the prosecution opposing bail could not reach Abodakpi’s lawyers on time.
The two parties agreed on the date for hearing the application after consultation with the presiding judge, Appeal Court Judge S.T. Farkye.
This paves way for counsel for Abodakpi to file a reply to the prosecution’s statement opposing the bail application.
Abodakpi, was escorted into the court room by four prison officers.
He looked calm and held his mobile phone and a bottle of water.
There were about 20 people including family members who had come to sympathize with him.
There were also National Democratic Congress MPs including Doe Adjaho, Benjamin Kumbuor, Ken Dzirasah, Inusah Fuseini, Alfred Agbesi and Nii Amassah Namoale.
Abodakpi, 57, NDC MP for Keta since 1993, was sentenced to 10 years in hard labour on seven counts of conspiracy, causing financial loss to the state and defrauding by false pretences.
He was said to have anthorised the illegal payment of 400,000 dollars to Dr. Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) Fund.
The payments which were done in two instalments, of 100,000 and 300,000 dollars were in respect of a feasibility study purportedly conducted by Dr. Boadu under the Science and Technology/Valley Park Project.
The eight million dollar TIP fund was set up by the NDC government with assistance from the United States Agency for International Development (USAID) to promote the non-traditional export sector and the funds were lodged with the Ecobank.
Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Wednesday, 21 February 2007
An Accra Fast Track High Court will, on March 5 commence hearing of an application for bail pending appeal for former Trade and Industry Minister, Daniel Kwasi Abodakpi, who was jailed 10 years by the court on February 5.
The application for bail pending an appeal could not be moved yesterday by the court because an application by the prosecution opposing bail could not reach Abodakpi’s lawyers on time.
The two parties agreed on the date for hearing the application after consultation with the presiding judge, Appeal Court Judge S.T. Farkye.
This paves way for counsel for Abodakpi to file a reply to the prosecution’s statement opposing the bail application.
Abodakpi, was escorted into the court room by four prison officers.
He looked calm and held his mobile phone and a bottle of water.
There were about 20 people including family members who had come to sympathize with him.
There were also National Democratic Congress MPs including Doe Adjaho, Benjamin Kumbuor, Ken Dzirasah, Inusah Fuseini, Alfred Agbesi and Nii Amassah Namoale.
Abodakpi, 57, NDC MP for Keta since 1993, was sentenced to 10 years in hard labour on seven counts of conspiracy, causing financial loss to the state and defrauding by false pretences.
He was said to have anthorised the illegal payment of 400,000 dollars to Dr. Frederick Owusu Boadu, a Ghanaian consultant in Texas, United States, from the Trade and Investment Project (TIP) Fund.
The payments which were done in two instalments, of 100,000 and 300,000 dollars were in respect of a feasibility study purportedly conducted by Dr. Boadu under the Science and Technology/Valley Park Project.
The eight million dollar TIP fund was set up by the NDC government with assistance from the United States Agency for International Development (USAID) to promote the non-traditional export sector and the funds were lodged with the Ecobank.
Abodakpi was originally charged with Victor Selormey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
'Don't Forget Chiefs' Role In Struggle'
By William Yaw Owusu
Wednesday, 21 February 2007
THE nation needs to recognise the pivotal role played by some chiefs and traditional authorities in the struggle for the country’s independence, Dr David Bosumtwi-Sam, a former Ambassador to Kenya, has said.
"As we celebrate 50 years of independence, all one hears is the roles played by the politicians in the push for independence, but we should not forget that chiefs such as Nii Kwabena Bone III of Osu Alata instigated the 1948 boycott which served as the catalyst for our freedom," he stated.
Dr Bosumtwi-Sam was speaking at a colloquium under the theme, "Traditional rulers in the struggle for Ghana’s independence" in Accra on Monday.
It was organised by the Centre for African Art and Civilisation, a non-governmental organisation, as part of this year’s African World History Month celebration.
They used the colloquium which was also to celebrate Ghana @50 to launch a book titled, "Bloody Saturday" and also held an exhibition of pre and post independence activities.
Dr Bosumtwi-Sam noted that it was Nii Bone’s political action in 1948 which served as an "eye opener for Osagyefo Dr Kwame Nkrumah to stage his 1951 positive action".
He said Nii Bone’s quest to ensure freedom for his country forced "Britain, our colonial master to rethink their plans to forestall the granting of independence for us.
"If there was a person apart from Dr Nkrumah who should be praised then it should be Nii Bone. He stood up against high inflation in the Gold Coast and that earned him the name Boycotthene."
"We should be prepared to give credit to the traditional leaders in the struggle for independence and stop concentrating only on our politicians."
"But for Nii Bone, there would have been no occasion for Dr Nkrumah to declare the ‘Positive Action’ in 1951. It was his boycott which triggered the 1948 riots prompting the setting up of the Watson Committee in 1948."
Professor R. B. Benning, the founding Vice Chancellor of the University for Development Studies in Tamale commenting on the role of the chiefs in Northern Ghana in the struggle for independence said "there were eminent and courageous chiefs who sought the welfare of their people and were instrumental in the struggle."
Yaw Jehu-Appiah, author of the book ‘Bloody Saturday,’ said "the decisive action taken by Nii Bone, though not intended as a political act, helped through its consequences, in the rapid attainment of independence and self government for his people."
K. B. Asante, a retired Diplomat who chaired the function, underscored the need for the nation to honour all her past heroes.
Wednesday, 21 February 2007
THE nation needs to recognise the pivotal role played by some chiefs and traditional authorities in the struggle for the country’s independence, Dr David Bosumtwi-Sam, a former Ambassador to Kenya, has said.
"As we celebrate 50 years of independence, all one hears is the roles played by the politicians in the push for independence, but we should not forget that chiefs such as Nii Kwabena Bone III of Osu Alata instigated the 1948 boycott which served as the catalyst for our freedom," he stated.
Dr Bosumtwi-Sam was speaking at a colloquium under the theme, "Traditional rulers in the struggle for Ghana’s independence" in Accra on Monday.
It was organised by the Centre for African Art and Civilisation, a non-governmental organisation, as part of this year’s African World History Month celebration.
They used the colloquium which was also to celebrate Ghana @50 to launch a book titled, "Bloody Saturday" and also held an exhibition of pre and post independence activities.
Dr Bosumtwi-Sam noted that it was Nii Bone’s political action in 1948 which served as an "eye opener for Osagyefo Dr Kwame Nkrumah to stage his 1951 positive action".
He said Nii Bone’s quest to ensure freedom for his country forced "Britain, our colonial master to rethink their plans to forestall the granting of independence for us.
"If there was a person apart from Dr Nkrumah who should be praised then it should be Nii Bone. He stood up against high inflation in the Gold Coast and that earned him the name Boycotthene."
"We should be prepared to give credit to the traditional leaders in the struggle for independence and stop concentrating only on our politicians."
"But for Nii Bone, there would have been no occasion for Dr Nkrumah to declare the ‘Positive Action’ in 1951. It was his boycott which triggered the 1948 riots prompting the setting up of the Watson Committee in 1948."
Professor R. B. Benning, the founding Vice Chancellor of the University for Development Studies in Tamale commenting on the role of the chiefs in Northern Ghana in the struggle for independence said "there were eminent and courageous chiefs who sought the welfare of their people and were instrumental in the struggle."
Yaw Jehu-Appiah, author of the book ‘Bloody Saturday,’ said "the decisive action taken by Nii Bone, though not intended as a political act, helped through its consequences, in the rapid attainment of independence and self government for his people."
K. B. Asante, a retired Diplomat who chaired the function, underscored the need for the nation to honour all her past heroes.
Navy Commander testifies in coke case
By William Yaw Owusu
Monday February 19, 2007
Isaac Arhin, one of the crew on board the MV Benjamin vessel charged with the importation of 77 parcels of cocaine into the country, is said to have admitted in a statement that the cocaine was collected from the high seas between Liberia and Sierra Leone.
He was alleged to have said in his statement read in court by a prosecution witness that although they realised that cartons off loaded into their vessel contained cocaine, they were afraid to talk about it because the captain was armed with a gun.
Commander Issah Yakubu, a Naval Officer of the Ghana Navy, read Issac Arhin’s statement yesterday in his evidence at the Accra Fast Track High Court trying the vessel owner and five others including a Korean and two Chinese.
The vessel owner, Joseph Kojo Dawson, 34, Pak Bok Sil, a Korean engineer; Isaac Arhin, 49; Phillip Bruce Arhin, 49, a mechanic; Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese have been charged with various roles they played in the importation of the cocaine to the Tema Port. Seventy six of the parcels are missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business related to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.
Led in evidence by William Kpobi, a Principal State Attorney, Commander Yakubu, the fourth prosecution witness, told the court that Isaac Arhin wrote and signed the statement on April 27, last year.
“We were told that we were going to try the engine of the vessel but to my surprise, we discovered that we were in a dangerous place around Monrovia-Freetown but we could not even talk. We had to shut our mouths so that we can come back safely to Ghana,” Commander Yakubu quoted the accused’s statement as saying.
“I suspected the parcels which were 77 in number, to be cocaine but we were all afraid to talk because the Captain was armed,” the statement further said.
Commander Yakubu told the court that he was in charge of the Ghana Navy Ship which was tasked to arrest the fishing traweler, MV Adede II, following intelligence report that it was carrying cocaine.
He said they succeeded in locating the vessel at the breakwaters/anchorage of the Tema Port on April 26, last year, but the name, Adede II, had been changed to MV Benjamin and the vessel re-painted.
Commander Yakubu told the court presided over by Justice Annin Yeboah of the Court of Appeal that, Isaac Arhin told him that the crew had not seen or heard about the vessel Adede II.
“I sent four of my men into the suspected vessel and together with them, we escorted it to the Tema Port where we met another search team led by officers from the Narcotics Control Board (NACOB).”
He further told the court that the accused persons said they had been trying the engine and had not been fishing for the past year adding, “When the vessel clocked at the port, we went straight to the bridge and met Isaac Arhin, Li and Xing.”
“During the search, we saw a small paper with the inscription, MV Adede II and immediately the accused persons became Jittery but still insisted that they were at sea to try the engine.”
Proceeding with the search, Commander Yakubu said they located the hatch but it had been locked with a padlock and they had to break it in order to get inside.
Inside the hatch were empty cartons scattered all over. Li and Xing, who were at all times passive because they claimed they could not speak English, became active all of a sudden, he said.
“Li at a point in the hatch, attempted to prevent one of my men from getting to where the only parcel was found but he pushed him aside and retrieved it,” the witness continued.
“The only parcel found was wrapped with a black polythene bag and in it, were 30 slabs each weighing one kilogramme and a field test conducted by the NACOB team proved positive of cocaine:
Commander Yakubu during cross-examination told the court that the accused persons had said the captain went away with 76 parcels in a canoe the previous night before the vessel was intercepted, adding, and “I am being truthful to this court.”
Proceedings have been adjourned until February 20.
Monday February 19, 2007
Isaac Arhin, one of the crew on board the MV Benjamin vessel charged with the importation of 77 parcels of cocaine into the country, is said to have admitted in a statement that the cocaine was collected from the high seas between Liberia and Sierra Leone.
He was alleged to have said in his statement read in court by a prosecution witness that although they realised that cartons off loaded into their vessel contained cocaine, they were afraid to talk about it because the captain was armed with a gun.
Commander Issah Yakubu, a Naval Officer of the Ghana Navy, read Issac Arhin’s statement yesterday in his evidence at the Accra Fast Track High Court trying the vessel owner and five others including a Korean and two Chinese.
The vessel owner, Joseph Kojo Dawson, 34, Pak Bok Sil, a Korean engineer; Isaac Arhin, 49; Phillip Bruce Arhin, 49, a mechanic; Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese have been charged with various roles they played in the importation of the cocaine to the Tema Port. Seventy six of the parcels are missing.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil also pleaded not guilty to one count of engaging in prohibited business related to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in prohibited business relating to narcotic drugs and possessing narcotic drugs without lawful authority.
Led in evidence by William Kpobi, a Principal State Attorney, Commander Yakubu, the fourth prosecution witness, told the court that Isaac Arhin wrote and signed the statement on April 27, last year.
“We were told that we were going to try the engine of the vessel but to my surprise, we discovered that we were in a dangerous place around Monrovia-Freetown but we could not even talk. We had to shut our mouths so that we can come back safely to Ghana,” Commander Yakubu quoted the accused’s statement as saying.
“I suspected the parcels which were 77 in number, to be cocaine but we were all afraid to talk because the Captain was armed,” the statement further said.
Commander Yakubu told the court that he was in charge of the Ghana Navy Ship which was tasked to arrest the fishing traweler, MV Adede II, following intelligence report that it was carrying cocaine.
He said they succeeded in locating the vessel at the breakwaters/anchorage of the Tema Port on April 26, last year, but the name, Adede II, had been changed to MV Benjamin and the vessel re-painted.
Commander Yakubu told the court presided over by Justice Annin Yeboah of the Court of Appeal that, Isaac Arhin told him that the crew had not seen or heard about the vessel Adede II.
“I sent four of my men into the suspected vessel and together with them, we escorted it to the Tema Port where we met another search team led by officers from the Narcotics Control Board (NACOB).”
He further told the court that the accused persons said they had been trying the engine and had not been fishing for the past year adding, “When the vessel clocked at the port, we went straight to the bridge and met Isaac Arhin, Li and Xing.”
“During the search, we saw a small paper with the inscription, MV Adede II and immediately the accused persons became Jittery but still insisted that they were at sea to try the engine.”
Proceeding with the search, Commander Yakubu said they located the hatch but it had been locked with a padlock and they had to break it in order to get inside.
Inside the hatch were empty cartons scattered all over. Li and Xing, who were at all times passive because they claimed they could not speak English, became active all of a sudden, he said.
“Li at a point in the hatch, attempted to prevent one of my men from getting to where the only parcel was found but he pushed him aside and retrieved it,” the witness continued.
“The only parcel found was wrapped with a black polythene bag and in it, were 30 slabs each weighing one kilogramme and a field test conducted by the NACOB team proved positive of cocaine:
Commander Yakubu during cross-examination told the court that the accused persons had said the captain went away with 76 parcels in a canoe the previous night before the vessel was intercepted, adding, and “I am being truthful to this court.”
Proceedings have been adjourned until February 20.
Friday, February 16, 2007
Unpublished Article (2 Venezuelans)
By William Yaw Owusu
Friday February 16, 2007
A prosecution witness in the case of the two Venezuelans on trial for the importation of 588 kilogrammes of cocaine, yesterday told an Accra Fast Track High Court that about 18 different kinds of identification marks were found on the narcotic substance sent to the Ghana Standards Board (GSB) for analysis.
“I might not know the reasons for the marks but from my experience at the GSB, the marks indicate the countries where the drugs are produced,” James Koligu Ataki, a Principal Scientific Officer at the GSB who is also the sixth witness, told the court.
He was testifying in the case in which the two Venezuelans, Joel Mella, 35, a machine operator and Halo Cabezza Castillo, 38, a businessman, are standing trial for their alleged involvement in the importation of the cocaine seized in a house at East Legon, Accra, in November, 2005.
A third accused person, David Duarte Vasquez, said to be the brain behind the importation of the cocaine, is on the run.
Mella and Castillo have pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.
Led in evidence by Gertrude Aikins, Acting Director of Public Prosecution, Mr. Ataki told the court that there were symbols such as diamond, umbrella, pyramid, alphabets and numbers on the cocaine which had a gross weight of 646.4 kilogrammes. However, only 535.4 grammes of it was sampled.
He told the court that the team of analysts, of which he was the head, tested the cocaine according to the marks and results showed that it was of “high purity level,” which ranged between 62.1 per cent and 99.3 per cent. He said all 12 boxes brought in from the police were sealed and they sealed them back after the analysis, adding that 11 of them contained 38 slabs each and the last, 50 slabs.
He said they issued the report on the substance on April 18 last year.
Crossed-examined by Kwabla Dogbe Senanu, counsel for the accused persons, the witness said there was no GSB official present at the Police Headquarters where the exhibits were sealed.
The court adjourned the case until March 12, for the prosecution to bring another witness, the man said to be present when the police took the accused persons’ statements.
Friday February 16, 2007
A prosecution witness in the case of the two Venezuelans on trial for the importation of 588 kilogrammes of cocaine, yesterday told an Accra Fast Track High Court that about 18 different kinds of identification marks were found on the narcotic substance sent to the Ghana Standards Board (GSB) for analysis.
“I might not know the reasons for the marks but from my experience at the GSB, the marks indicate the countries where the drugs are produced,” James Koligu Ataki, a Principal Scientific Officer at the GSB who is also the sixth witness, told the court.
He was testifying in the case in which the two Venezuelans, Joel Mella, 35, a machine operator and Halo Cabezza Castillo, 38, a businessman, are standing trial for their alleged involvement in the importation of the cocaine seized in a house at East Legon, Accra, in November, 2005.
A third accused person, David Duarte Vasquez, said to be the brain behind the importation of the cocaine, is on the run.
Mella and Castillo have pleaded not guilty to four counts of conspiracy, importation and possessing narcotic drugs without lawful authority.
Led in evidence by Gertrude Aikins, Acting Director of Public Prosecution, Mr. Ataki told the court that there were symbols such as diamond, umbrella, pyramid, alphabets and numbers on the cocaine which had a gross weight of 646.4 kilogrammes. However, only 535.4 grammes of it was sampled.
He told the court that the team of analysts, of which he was the head, tested the cocaine according to the marks and results showed that it was of “high purity level,” which ranged between 62.1 per cent and 99.3 per cent. He said all 12 boxes brought in from the police were sealed and they sealed them back after the analysis, adding that 11 of them contained 38 slabs each and the last, 50 slabs.
He said they issued the report on the substance on April 18 last year.
Crossed-examined by Kwabla Dogbe Senanu, counsel for the accused persons, the witness said there was no GSB official present at the Police Headquarters where the exhibits were sealed.
The court adjourned the case until March 12, for the prosecution to bring another witness, the man said to be present when the police took the accused persons’ statements.
Thursday, February 15, 2007
Unpublished Article
By Wiliam Yaw Owusu
Thursaday February 15, 2007
An Accra High Court yesterday ruled that the Grater Accra Regional House of Chiefs at Dodowa, can proceed to hear four petitions filed before it against the purported enstoolment of Dr. Jo Blankson in July as Ga Mantse.
The court, presided over by Justice Anthony Kofi Abada, therefore dismissed an application filed by Dr. Blankson and Nii Akropong, Head of Nii Teiko Tsuru Royal family, to restrain the House of Chiefs from hearing the petitions.
The plaintiffs had sued the house and mentioned the four petitioners, Dr. Ebenezer Nii Armah Tackie, a former lecturer at the Kwame Nkrumah University of Science and Technology and three others: Winston Nii Teiko Tackie and two others; Nii Agyemankese IV and two others; as well as Nii Owula Kpakp Blofonyo as the interest parties.
The court awarded ¢10 million cost in favour of the House of Chiefs and another ¢10 million in favour of the four interested parties.
The judge in his ruling pointed out that in matters of chieftaincy such as the case before the court, Dodowa was the proper forum to hear it.
Dr. Blankson and Nii Akropong on November 19, last year, filed the application for an order of certiorari and prohibition to quash the processes initiated by the petitioners before the House of Chiefs on the grounds that they lacked the capacity to institute the action.
Thursaday February 15, 2007
An Accra High Court yesterday ruled that the Grater Accra Regional House of Chiefs at Dodowa, can proceed to hear four petitions filed before it against the purported enstoolment of Dr. Jo Blankson in July as Ga Mantse.
The court, presided over by Justice Anthony Kofi Abada, therefore dismissed an application filed by Dr. Blankson and Nii Akropong, Head of Nii Teiko Tsuru Royal family, to restrain the House of Chiefs from hearing the petitions.
The plaintiffs had sued the house and mentioned the four petitioners, Dr. Ebenezer Nii Armah Tackie, a former lecturer at the Kwame Nkrumah University of Science and Technology and three others: Winston Nii Teiko Tackie and two others; Nii Agyemankese IV and two others; as well as Nii Owula Kpakp Blofonyo as the interest parties.
The court awarded ¢10 million cost in favour of the House of Chiefs and another ¢10 million in favour of the four interested parties.
The judge in his ruling pointed out that in matters of chieftaincy such as the case before the court, Dodowa was the proper forum to hear it.
Dr. Blankson and Nii Akropong on November 19, last year, filed the application for an order of certiorari and prohibition to quash the processes initiated by the petitioners before the House of Chiefs on the grounds that they lacked the capacity to institute the action.
The Missing Cocaine Case, Prosecution Fails To Produce Witness
By William Yaw Owusu
Thursday, Febbruary15, 2007
FOR the second time, the case of the alleged involvement of Kwabena Amaning, popularly called Tagor, and Alhaji Issah Abass in the disappearance of 76 parcels of cocaine from the MV BEnyamin vessel at the Tema Port, could not be heard.
The prosecution, led by Ms Getrude Aikins, the Acting Director of Public Proeecutions (DPP) was to produce their sixth prosecution witness to testify but could not do so.
As a result, the court presided over by Justice Jone Dotse, an Appeals Court Judge, adjourned proceedings until February 21, for the presentation to assemble all the witnesses.
Ms Aikins had told the court that the witnesses expected by the prosecution to testify in the case “are not available at the moment.”
“We want an adjournment for us to get them to testify,” she said.
Immediately after the Acting DPP’s submission, Ellis Owusu-Fordjuor, counsel for Tagor, told the court: “We have tolerated the prosecution for far too long in respect to the way they are handling this case.
“Our clients are being treated as convicts by the police. They have been moved from cell to prison and back for about eight times. In all these, the prosecution has not been able to bring their witnesses.”
He argued that Article 140(2) of the constitution empowers the court to enforce the fundamental human rights of the accused persons.
Mr Owusu-Fordjuor said with the current development, the court should exercise its discretion in the granting of bail.
“The charges preferred against them are barred. It cannot be sustained as far as the evidence adduced so far are concerned.”
Osafo Buaben, counsel for Abbass, submitted that the evidence before the court “shows clearly that the accused persons are entitled to bail.”
Nana Asante Bediatuo, an additional counsel for Tagor submitted, “We are extremely agitated about the way our clients are being treated by the police.”
He said the inactions of the prosecution had delayed the trial which is supposed to be fast tracked.
“They have not been able to marshall a piece of evidence in relation to the charges preferred against the two men.”
Ms Aikins then cut in to say: “We have been candid in our approach to this case. They have been charged with specific offences and if wee are not able to prove our case at the end of the day, they will surely walk free.
“The defence team should allow us to put our case across. They do not know how we are marshalling our evidence and cannot talk about it,” she said.
Before remanded them into prison custody, the judge advised counsel to make a formal application for bail.
He said: “As at now, the oral application does not meet my understanding that we have not reached the stage where they should be granted bail.”
The court also directed the investigator of the case to seek the welfare of the accused persons, especially in matters relating to their health.
The directive followed allegations from counsel that Tagor and Abass were being maltrated by the police.
The investigator, who was in court, denied the allegations
Plan Ghana Boosts Births Registration
By William Yaw Owusu
Thursday, 15 February 2007
The effort to attain 100 per cent birth registration coverage by the end of the year received a major boost with the presentation of logistics worth over a billion cedis to the Births and Deaths Registry (BDR) in Accra yesterday.
The presentation was done by Plan Ghana, a child centred development organisation, championing the welfare of children in the country.
They donated 16 motorbikes, 16 computers and its accessories as well as a colour photo-copier to facilitate data processing and mobility of the officers of BDR especially in the districts.
Plan Ghana has been operating in 13 districts in the Eastern, Central and Upper West Regions since 1997 and they signed a memorandum of understanding to support the BDR in its activities in June 2004.
In a short address, Stephen Asamoah Boateng, Minister of Local Government and Rural Development identified low public knowledge of the importance and benefits that registration holds for individuals and the nation as a whole as the major setback towards the development of vital registration system.
To address the problem he said the BDR is pursuing a public education and sensitisation exercise, noting that "Plan Ghana has supported the initiative by funding the provision of information, communication and education materials".
The Minister also said that in the area of data collection for national development where the Statistical Service, the BDR, District Assemblies and traditional authorities had collaborated, Plan Ghana had committed about ¢1.5 billion into the project called Community Population Register Programme (CPRP).
Mr. Samuel Paulos, country Director of Plan Ghana, proposed that year 2007 be dedicated to all childrens, whereby parents and guardians would allowed to register children under the age of eight free of charge.
He said Plan Ghana had already signed a partnership agreement worth ¢2.5 billion with the BD R for a three year period adding that this partnership had a significant impart in the birth registration exercise.
Mr. S.P. Ankrah, the Registrar of BDR said they were activities promoting the universal birth registration campaign and had appointed Mr. David Dontoh, a renowed actor as the goodwill ambassador for the programme.
Thursday, 15 February 2007
The effort to attain 100 per cent birth registration coverage by the end of the year received a major boost with the presentation of logistics worth over a billion cedis to the Births and Deaths Registry (BDR) in Accra yesterday.
The presentation was done by Plan Ghana, a child centred development organisation, championing the welfare of children in the country.
They donated 16 motorbikes, 16 computers and its accessories as well as a colour photo-copier to facilitate data processing and mobility of the officers of BDR especially in the districts.
Plan Ghana has been operating in 13 districts in the Eastern, Central and Upper West Regions since 1997 and they signed a memorandum of understanding to support the BDR in its activities in June 2004.
In a short address, Stephen Asamoah Boateng, Minister of Local Government and Rural Development identified low public knowledge of the importance and benefits that registration holds for individuals and the nation as a whole as the major setback towards the development of vital registration system.
To address the problem he said the BDR is pursuing a public education and sensitisation exercise, noting that "Plan Ghana has supported the initiative by funding the provision of information, communication and education materials".
The Minister also said that in the area of data collection for national development where the Statistical Service, the BDR, District Assemblies and traditional authorities had collaborated, Plan Ghana had committed about ¢1.5 billion into the project called Community Population Register Programme (CPRP).
Mr. Samuel Paulos, country Director of Plan Ghana, proposed that year 2007 be dedicated to all childrens, whereby parents and guardians would allowed to register children under the age of eight free of charge.
He said Plan Ghana had already signed a partnership agreement worth ¢2.5 billion with the BD R for a three year period adding that this partnership had a significant impart in the birth registration exercise.
Mr. S.P. Ankrah, the Registrar of BDR said they were activities promoting the universal birth registration campaign and had appointed Mr. David Dontoh, a renowed actor as the goodwill ambassador for the programme.
Wednesday, February 14, 2007
BENJILO WINS PROPERTY BACK
By William Yaw Owusu
Wednesday, 14 February 2007
AN Accra Fast Track High Court yesterday ordered the immediate release of property worth billions of cedis seized in April 1997 from George Adu Bonsu, popularly called Benjilo, following his conviction in a narcotics case.
The application for the release of the property, including houses, shops and cars, was filed by six interested parties, including boxing legend Azumah Nelson.
Other plaintiffs were Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.
The suit cited the Inspector-General of Police (IGP), Narcotics Control Board (NACOB) and the Attorney-General as the defendants.
The court, presided over by Justice Victor Ofoe, also ordered that over ¢1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. and ¢30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction. He has since served his term.
Additionally, the court awarded ¢80million to the plaintiffs in the form of damages and ¢50 million cost against the defendants.
In his 24-page judgement yesterday, the court made it clear that the decision of the court was "based on evidence of the plaintiffs alone since the defendants offered no evidence."
The court said following the conviction of Benjilo, certain properties were seized by the state, in the belief that they belonged to him.
The plaintiffs then filed an application to claim back the property in 1998, but the state, led by the Attorney-General’s Department initiated forfeiture proceedings in respect of the plaintiff’s claims.
An Accra High Court at the time, struck out the A-G’s forfeiture application on the grounds that Benjilo’s appeal against his conviction was still pending and advised the plaintiffs to seek redress in another forum if they so wished.
The court said when Benjilo’s appeal application was finally disposed off at the Supreme Court on May 9, 2001, the way was clear for the state to proceed with the forfeiture proceedings if it found it necessary but it did not do so.
Justice Ofoe said once the Narcotic Law provided special treatment for dealing with properties suspected to have been acquired from drug business and if it was not applied timeously, an aggrieved person had the right to go to court to seek redress.
The court said it was based on this that the third parties, the plaintiffs who had been making claims from the time of the seizure in 1997, initiated the current action on March 2, 2005, to claim the properties.
The court further said full trial commenced on March 8, 2006 and the plaintiffs closed their case on May 11, 2006, adding that "all this while, the A-G who was defending the case did not mention or think about any forfeiture proceedings under the Narcotic Law."
The court said on May 16, two days before the state was to open its defence, they filed their motion for forfeiture and applied for stay of proceedings to enable them to complete that process but the court dismissed it.
The judge said the state filed a defence to contest the case but when they were to open their defence, the defendants did not come to court, adding "I have no option than to proceed if justice is to be seen to be done."
The court said Mrs Bonsu who represented Benjilo Fabrics was able to lead evidence to establish that the buildings on which the company operated a chain of shops were on leasehold and one of the cars in dispute belonged to the company.
Mrs Bonsu was also able to lead evidence to prove that the home at Kokomlemle in Accra belonged to Ms Konadu, who, herself, testified and led evidence to that effect.
The court further said Amankwah who is domiciled in the United States was able to show that the Nungua house which was confiscated belonged to him and not Benjilo.
In the evidence of Mr Azumah Nelson, the court said he was able to prove that an unnumbered warehouse/hospital premises opposite ABC Junction at Alogboshie, Achimota in Accra belonged to him.
The court further said that Mrs Bonsu led evidence to establish that she bought the Achimota residence for her son, Dennis Adu Bonsu, when he was nine-years-old.
"Since I have not found any law supporting the action of the defendants, it is my view that this action is unreasonable, arbitrary, unjustifiable and unlawful.
"The detention of the properties is a violation of their fundamental rights to property," the judge said.
Wednesday, 14 February 2007
AN Accra Fast Track High Court yesterday ordered the immediate release of property worth billions of cedis seized in April 1997 from George Adu Bonsu, popularly called Benjilo, following his conviction in a narcotics case.
The application for the release of the property, including houses, shops and cars, was filed by six interested parties, including boxing legend Azumah Nelson.
Other plaintiffs were Benjilo Fabrics Company Limited, Mrs Grace Bonsu, Dennis Adu Bonsu, Raymond Kofi Adu Amankwah and Ms Yaa Konadu.
The suit cited the Inspector-General of Police (IGP), Narcotics Control Board (NACOB) and the Attorney-General as the defendants.
The court, presided over by Justice Victor Ofoe, also ordered that over ¢1.1 billion be paid to the plaintiffs with interest from 1997 being the total value of goods seized at Benjilo Fabrics Co. Ltd. and ¢30 million for the rehabilitation of each of the two cars seized at the time of Benjilo’s conviction. He has since served his term.
Additionally, the court awarded ¢80million to the plaintiffs in the form of damages and ¢50 million cost against the defendants.
In his 24-page judgement yesterday, the court made it clear that the decision of the court was "based on evidence of the plaintiffs alone since the defendants offered no evidence."
The court said following the conviction of Benjilo, certain properties were seized by the state, in the belief that they belonged to him.
The plaintiffs then filed an application to claim back the property in 1998, but the state, led by the Attorney-General’s Department initiated forfeiture proceedings in respect of the plaintiff’s claims.
An Accra High Court at the time, struck out the A-G’s forfeiture application on the grounds that Benjilo’s appeal against his conviction was still pending and advised the plaintiffs to seek redress in another forum if they so wished.
The court said when Benjilo’s appeal application was finally disposed off at the Supreme Court on May 9, 2001, the way was clear for the state to proceed with the forfeiture proceedings if it found it necessary but it did not do so.
Justice Ofoe said once the Narcotic Law provided special treatment for dealing with properties suspected to have been acquired from drug business and if it was not applied timeously, an aggrieved person had the right to go to court to seek redress.
The court said it was based on this that the third parties, the plaintiffs who had been making claims from the time of the seizure in 1997, initiated the current action on March 2, 2005, to claim the properties.
The court further said full trial commenced on March 8, 2006 and the plaintiffs closed their case on May 11, 2006, adding that "all this while, the A-G who was defending the case did not mention or think about any forfeiture proceedings under the Narcotic Law."
The court said on May 16, two days before the state was to open its defence, they filed their motion for forfeiture and applied for stay of proceedings to enable them to complete that process but the court dismissed it.
The judge said the state filed a defence to contest the case but when they were to open their defence, the defendants did not come to court, adding "I have no option than to proceed if justice is to be seen to be done."
The court said Mrs Bonsu who represented Benjilo Fabrics was able to lead evidence to establish that the buildings on which the company operated a chain of shops were on leasehold and one of the cars in dispute belonged to the company.
Mrs Bonsu was also able to lead evidence to prove that the home at Kokomlemle in Accra belonged to Ms Konadu, who, herself, testified and led evidence to that effect.
The court further said Amankwah who is domiciled in the United States was able to show that the Nungua house which was confiscated belonged to him and not Benjilo.
In the evidence of Mr Azumah Nelson, the court said he was able to prove that an unnumbered warehouse/hospital premises opposite ABC Junction at Alogboshie, Achimota in Accra belonged to him.
The court further said that Mrs Bonsu led evidence to establish that she bought the Achimota residence for her son, Dennis Adu Bonsu, when he was nine-years-old.
"Since I have not found any law supporting the action of the defendants, it is my view that this action is unreasonable, arbitrary, unjustifiable and unlawful.
"The detention of the properties is a violation of their fundamental rights to property," the judge said.
Tuesday, February 13, 2007
Assembly Member Sues 2 Officials
By William Yaw Owusu
Tuesday, 13 February 2007
A member of the Kassena Nankana District Assembly in the Upper East Region has initiated contempt proceedings against the district co-ordinating director and the presiding member of the assembly at the Bolgatanga High Court over the election of the presiding member.
Daniel Kansaki, who represents Balobia Electoral Area, claims that the defendants had written letters to invite members of the assembly for the swearing-in of Mr. Sylvester Amoah as the presiding member even though his election was being challenged at the High Court.
Mr. Kansaki filed the suit to restrain Mr. Amoah from holding himself as the presiding member because the membership of the assembly exceeds the 30 per cent of government appointees, as stipulated by law.
He is seeking the court’s order for a declaration that the election of Mr. Amoah is null and void since the assembly was not properly constituted for the election in a presiding member.
In an affidavit in support of the suit, Mr. Kansaki said the respondents had been served with the processes that seek to restrain them from swearing in the presiding member.
He said the respondents filed a defence to contest the case which has been fixed for hearing on Thursday, February 15.
"In the meantime the respondents have conducted themselves in ways that show that they have no regard for the processes of this court and that conduct has sought to interfere with and prejudice the determination of this case and bring the administration of justice into disrepute," Mr. Kansaki argued.
He said Mr. Amoah attended the New Year School of the Institute of Adult Education at Legon in January, 2007 and held himself as the presiding member of the district while the co-ordinating director on January 17, also wrote letters to the various assembly members inviting them to attend the swearing-in of Mr. Amoah despite the pendency of the application.
"The conduct of the respondents is in contempt of this court and they ought to be punished," he said.
Tuesday, 13 February 2007
A member of the Kassena Nankana District Assembly in the Upper East Region has initiated contempt proceedings against the district co-ordinating director and the presiding member of the assembly at the Bolgatanga High Court over the election of the presiding member.
Daniel Kansaki, who represents Balobia Electoral Area, claims that the defendants had written letters to invite members of the assembly for the swearing-in of Mr. Sylvester Amoah as the presiding member even though his election was being challenged at the High Court.
Mr. Kansaki filed the suit to restrain Mr. Amoah from holding himself as the presiding member because the membership of the assembly exceeds the 30 per cent of government appointees, as stipulated by law.
He is seeking the court’s order for a declaration that the election of Mr. Amoah is null and void since the assembly was not properly constituted for the election in a presiding member.
In an affidavit in support of the suit, Mr. Kansaki said the respondents had been served with the processes that seek to restrain them from swearing in the presiding member.
He said the respondents filed a defence to contest the case which has been fixed for hearing on Thursday, February 15.
"In the meantime the respondents have conducted themselves in ways that show that they have no regard for the processes of this court and that conduct has sought to interfere with and prejudice the determination of this case and bring the administration of justice into disrepute," Mr. Kansaki argued.
He said Mr. Amoah attended the New Year School of the Institute of Adult Education at Legon in January, 2007 and held himself as the presiding member of the district while the co-ordinating director on January 17, also wrote letters to the various assembly members inviting them to attend the swearing-in of Mr. Amoah despite the pendency of the application.
"The conduct of the respondents is in contempt of this court and they ought to be punished," he said.
Monday, February 12, 2007
Missing 76 Cocaine Parcels: Accused Admits Knowing Asem
By William Yaw Owusu
Saturday, 10 February 2007
Lance Corporal Dwamena Yabson, one of the three policemen standing trial for their involvement in the disappearance of 76 parcels of cocaine from the Tema Port, is said to have admitted in his caution statement that he knew Asem Darke, popularly called Sheriff, declared by the police as the most wanted man in the case.
He reportedly said in the statement read in court by a prosecution witness that at the Kpone Beach (where the cocaine was offloaded), Sheriff who was driving in a green land cruiser rolled down the glasses and mentioned his name before enquiring from him what he was doing there.
Detective Inspector Justice Oppong of the Regional Criminal Investigation Department (CID) of the Police Service, read Yabson’s statement yesterday when he gave his evidence-in-chief at the Accra Fast Track High Court trying the three policemen.
Yabson, Sergeant David Nyarko and Lance Corporal Peter Bundorin together with Detective Sergeant Samuel Yaw Amoah now at large, were said to have taken an undisclosed amount and released Sheriff and another man after arresting them with the 76 parcels of cocaine.
All the three, who were attached to the Tema Regional Police Command have pleaded not guilty to two counts engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently on remand in police custody.
Yabson, according to the statement, seconded on September 11, last year went to the house of Sherriff at Community 5 in Tema together with the accused persons, Amoah and the three fishermen who brought the information concerning the cocaine before Sherriff "dropped" him and Amoah at Tema Community One.
"There were some wild dogs in Sheriff’s house so I did not enter. It was Amoah alone who went there with him. They came back later and Sheriff took us to Community One in his car," Mr. Oppong quoted Yabson as saying in the statement.
In the statement Yabson admitted having gone to the Kpone Police Station to request for reinforcement to arrest the suspects and the officer-in-charge asked Sgt. Samuel Asante and Bundorin to accompany him.
He said he knew Sheriff at the Community One Police Station where the fugitive sometimes came to bail suspects and added that he had told the Bureau of National Investigation (BNI), Tema Office that he knew Sheriff when the office invited him concerning the matter.
"The BNI Officer asked me to assist them to locate the house of Sheriff but I told them I did not know the place but I would locate the wife’s house," the statement continued.
In his September 1, 2006 caution statement, Yabson had denied that he went to the Kpone Beach with the co-accused.
In Nyarko’s statement taken on September 3, 2006, he had denied joining the co-accused to arrest the suspects who imported the narcotic substance but on September 11 when another caution statement was taken he said he went to Kpong with them after closing from guard duties.
He said it was Amoah who asked him to accompany him to Kpone and they walked along the Tema New Town Beach to Kpone while Yabson took a taxi to cross the suspects at Kpone.
He said he had told Amoah that he did not want to go on "operation" with Yabson because his co-accused had a "questionable character" and added that the Community One junior policemen were disrespectful".
Continuing his evidence, PW7 told the court that there were three vehicles – a saloon car driven by one "Killer", a Land Cruiser and a van-in which the cocaine was transported.
Witness said the Land Cruiser and the saloon have both been retrieved and at the Kpone Beach, Bundorin attempted to intercept the convoy but it was Amoah who convinced him to stop and asked him to accompany them to Sheriff’s house.
He said the van and the saloon car went separate ways and in Sheriff’s house the policemen collected an undisclosed amount and gave 10,000 dollars to the fishermen.
According to him, Sheriff had created a special compartment in his house at Community 5 where he kept the cocaine but they did not find anything when they stormed the house.
He said none of the policemen told their superiors about the operation.
The court presided over by Justice Annin Yeboah, a Court of Appeal Judge adjourned proceedings until February 20, for the witness to be cross examined.
Saturday, 10 February 2007
Lance Corporal Dwamena Yabson, one of the three policemen standing trial for their involvement in the disappearance of 76 parcels of cocaine from the Tema Port, is said to have admitted in his caution statement that he knew Asem Darke, popularly called Sheriff, declared by the police as the most wanted man in the case.
He reportedly said in the statement read in court by a prosecution witness that at the Kpone Beach (where the cocaine was offloaded), Sheriff who was driving in a green land cruiser rolled down the glasses and mentioned his name before enquiring from him what he was doing there.
Detective Inspector Justice Oppong of the Regional Criminal Investigation Department (CID) of the Police Service, read Yabson’s statement yesterday when he gave his evidence-in-chief at the Accra Fast Track High Court trying the three policemen.
Yabson, Sergeant David Nyarko and Lance Corporal Peter Bundorin together with Detective Sergeant Samuel Yaw Amoah now at large, were said to have taken an undisclosed amount and released Sheriff and another man after arresting them with the 76 parcels of cocaine.
All the three, who were attached to the Tema Regional Police Command have pleaded not guilty to two counts engaging in prohibited business related to narcotic drugs and corruption by a public officer.
They are currently on remand in police custody.
Yabson, according to the statement, seconded on September 11, last year went to the house of Sherriff at Community 5 in Tema together with the accused persons, Amoah and the three fishermen who brought the information concerning the cocaine before Sherriff "dropped" him and Amoah at Tema Community One.
"There were some wild dogs in Sheriff’s house so I did not enter. It was Amoah alone who went there with him. They came back later and Sheriff took us to Community One in his car," Mr. Oppong quoted Yabson as saying in the statement.
In the statement Yabson admitted having gone to the Kpone Police Station to request for reinforcement to arrest the suspects and the officer-in-charge asked Sgt. Samuel Asante and Bundorin to accompany him.
He said he knew Sheriff at the Community One Police Station where the fugitive sometimes came to bail suspects and added that he had told the Bureau of National Investigation (BNI), Tema Office that he knew Sheriff when the office invited him concerning the matter.
"The BNI Officer asked me to assist them to locate the house of Sheriff but I told them I did not know the place but I would locate the wife’s house," the statement continued.
In his September 1, 2006 caution statement, Yabson had denied that he went to the Kpone Beach with the co-accused.
In Nyarko’s statement taken on September 3, 2006, he had denied joining the co-accused to arrest the suspects who imported the narcotic substance but on September 11 when another caution statement was taken he said he went to Kpong with them after closing from guard duties.
He said it was Amoah who asked him to accompany him to Kpone and they walked along the Tema New Town Beach to Kpone while Yabson took a taxi to cross the suspects at Kpone.
He said he had told Amoah that he did not want to go on "operation" with Yabson because his co-accused had a "questionable character" and added that the Community One junior policemen were disrespectful".
Continuing his evidence, PW7 told the court that there were three vehicles – a saloon car driven by one "Killer", a Land Cruiser and a van-in which the cocaine was transported.
Witness said the Land Cruiser and the saloon have both been retrieved and at the Kpone Beach, Bundorin attempted to intercept the convoy but it was Amoah who convinced him to stop and asked him to accompany them to Sheriff’s house.
He said the van and the saloon car went separate ways and in Sheriff’s house the policemen collected an undisclosed amount and gave 10,000 dollars to the fishermen.
According to him, Sheriff had created a special compartment in his house at Community 5 where he kept the cocaine but they did not find anything when they stormed the house.
He said none of the policemen told their superiors about the operation.
The court presided over by Justice Annin Yeboah, a Court of Appeal Judge adjourned proceedings until February 20, for the witness to be cross examined.
Thursday, February 08, 2007
2 BRITONS ACQUITTED BY SUPREME COURT
By William Yaw Owusu
Thursday, 08 February 2007
THE Supreme Court yesterday acquitted and discharged two of the five foreigners and a Ghanaian who were jailed 20 years each by an Accra High Court on October 27, 2004, for importing 588.33 kilogrammes of cocaine into the country.
The two, David J. Logan and Frank D. Lavelrick, both British, had been charged with two counts of engaging in a criminal conspiracy to commit an offence relating to narcotic drugs and possessing narcotic drugs without authority.
Their colleagues still serving sentences are Kevin Dinsdale Gorman, an American, Mohammed Ibrahim Kamil, also known as ‘K’, a Tema based car dealer, Alan Hodgson, British, and Sven Leornhard Herb, German.
The trial court, presided over by Justice Francis Kusi Appiah, a Court of Appeal judge, in his judgement had said that the prosecution was able to prove that Logan and Lavelrick had travelled with Gorman to Europe and South America, respectively, to purchase the cocaine for shipment to Ghana.
But the five member Supreme Court panel chaired by Justice Sophia Akuffo, in a unanimous decision quashed the decisions of both the trial High Court and the Appeal Court where the two initially lost their appeal.
They filed the appeal at the Supreme Court in December 2005.
The panel, which also included Justices S.A. Brobbey, Julius Ansah, R.T. Aninakwah and Sophia Adinyira, said the conviction of the two by the trial court could not be supported by the evidence adduced at the trial.
The highest court in the land said the lower court erred in holding that a prima facie case had been established in the light of the evidence.
It held that the two should not have been called upon by the trial court to open their defence and when they did, they were able to produce credible evidence to show that they were not among the people who imported the cocaine into the country.
Turning to the Court of Appeal, which in a 2-1 majority upheld the trial court’s decision, the Supreme Court said it erred in affirming that the prosecution was able to establish its case beyond reasonable doubt against the two.
The Court of Appeal’s decision to uphold the conviction was delivered on November 4, 2005 and the panel included Justices J.B Akamba as the chairman, with R.K Apaloo and E.K Piesare as members.
After the proceedings, an elated Kwabena Addo Atuah, counsel for the two freed men, said, "This is a major victory for the rule of law and good governance."
At press time counsel and court officials were in the process of signing the necessary documents for the release of the two.
Cocaine Was Of High Purity––Witness
By William Yaw Owusu
Thursday, 08 February 2007
Jones Koligu Ataki, a Principal Scientific Officer at the Ghana Standards Board told an Accra Fast Track High Court yesterday that the cocaine brought into the country by the MV Benjamin vessel had a very high purity level of 98.6 per cent.
Mr. Ataki who is the third Prosecution Witness (PW3) was testifying in the case in which Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese are being tried for their roles in the importation of the cocaine to the Tema Port in which 76 parcels are missing.
r. Ataki who is the third Prosecution Witness (PW3) was testifying in the case inwhich Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese are being tried for their roles in the importation of the cocaine to the Tema Port in which 76 parcels are missing.
The others are Pak Bok Sil, a Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic and Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil pleaded not guilty to one account of engaging in prohibited business relating to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in a prohibited business relating to narcotic drugs and possessing of narcotic drugs without lawful authority.
Led in evidence by William Kpobi, a Principal State Attorney, prosecuting the case, PW3 told the court that as a supervisor of his department he received a rectangular box labelled "The Republic Versus Phillip Bruce Arhin and five others", containing the cocaine for analysis on July 27, last year".
"The box contained 25 slabs wrapped in a polythene material and analysis later proved to be cocaine", he told the court presided over by Justice Annin Yeboah, a Court of Appeal judge.
He said the 25 slabs had a gross weight of 27.44 kilogrammes but they sampled only 16.9 grammes of the cocaine, adding "what we did was representative of the entire exhibits. Once they bore the same crown we knew the cocaine was from the same source".
PW3 told the court that they issued a report on the analysis conducted on November 8, last year, and said during cross examination that " I could not have known what was in the samples that was not opened but they were from the same source.
The accused persons who since the commencement of the trial have been in police custody were this time around remanded into prison custody by the court.
This follow a submission by the prosecution that they wanted the accused persons to be in prison custody at James Fort in Accra citing lack of accommodation in the various police cells as their reason.
The judge then verified the prosecutor’s claim from the investigator of the case who confirmed it and added that some of the cells were full of remand prisioners but the Police Administration was making efforts to decongest them.
The judge then granted the prosecution’s request but asked defence counsel to go to the various police stations where their clients were kept to verify adding "if it is not convenient to you come back for variation of order given".
Thursday, 08 February 2007
Jones Koligu Ataki, a Principal Scientific Officer at the Ghana Standards Board told an Accra Fast Track High Court yesterday that the cocaine brought into the country by the MV Benjamin vessel had a very high purity level of 98.6 per cent.
Mr. Ataki who is the third Prosecution Witness (PW3) was testifying in the case in which Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese are being tried for their roles in the importation of the cocaine to the Tema Port in which 76 parcels are missing.
r. Ataki who is the third Prosecution Witness (PW3) was testifying in the case inwhich Joseph Kojo Dawson, 34, the vessel owner and five others including a Korean and two Chinese are being tried for their roles in the importation of the cocaine to the Tema Port in which 76 parcels are missing.
The others are Pak Bok Sil, a Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, a mechanic and Cui Xian Li, 44, a vessel engineer and Luo Yui Xing, 49, both Chinese.
Dawson has pleaded not guilty to using his property for narcotic offences while Bok Sil pleaded not guilty to one account of engaging in prohibited business relating to narcotic drugs.
Isaac Arhin, Bruce Arhin, Li and Xing have all pleaded not guilty to two counts of engaging in a prohibited business relating to narcotic drugs and possessing of narcotic drugs without lawful authority.
Led in evidence by William Kpobi, a Principal State Attorney, prosecuting the case, PW3 told the court that as a supervisor of his department he received a rectangular box labelled "The Republic Versus Phillip Bruce Arhin and five others", containing the cocaine for analysis on July 27, last year".
"The box contained 25 slabs wrapped in a polythene material and analysis later proved to be cocaine", he told the court presided over by Justice Annin Yeboah, a Court of Appeal judge.
He said the 25 slabs had a gross weight of 27.44 kilogrammes but they sampled only 16.9 grammes of the cocaine, adding "what we did was representative of the entire exhibits. Once they bore the same crown we knew the cocaine was from the same source".
PW3 told the court that they issued a report on the analysis conducted on November 8, last year, and said during cross examination that " I could not have known what was in the samples that was not opened but they were from the same source.
The accused persons who since the commencement of the trial have been in police custody were this time around remanded into prison custody by the court.
This follow a submission by the prosecution that they wanted the accused persons to be in prison custody at James Fort in Accra citing lack of accommodation in the various police cells as their reason.
The judge then verified the prosecutor’s claim from the investigator of the case who confirmed it and added that some of the cells were full of remand prisioners but the Police Administration was making efforts to decongest them.
The judge then granted the prosecution’s request but asked defence counsel to go to the various police stations where their clients were kept to verify adding "if it is not convenient to you come back for variation of order given".
Wednesday, February 07, 2007
Wereko-Brobby's Application Dismissed
By William Yaw Owusu
Wednesday, 07 February 2007
A Fast Track High Court in Accra yesterday struck out an application for summary judgment filed by Dr. Charles Wereko-Brobby in the case in which he is demanding payment of ¢2.2 billion, being his entitlements from the Volta River Authority (VRA).
The court, presided over by Justice Paul Baffoe Bonnie, said it had decided to strike out the application because of certain issues raised in the statement of defence filed by the VRA.
"The issues raised were so important that we need to go into evidence," the court said.
As a result, Dr. Brobby will have to respond to VRA’s statement of defence for a new date to be fixed to enable full trial to commence.
Before the court took the decision, Mr. Akoto Ampaw, counsel for Dr. Wereko-Brobby intended moving the application but Mr. Francis Kwame Yeboah, representing the VRA, raised a preliminary objection saying: "The plaintiff’s affidavit in support does not conform to the strict rules of the court as Order 20 Rule 4 (2) states."
Justice Baffoe-Bonnie, however, did not take into account the arguments of both counsel before striking out the application and urged the parties to explore the avenues of an out-of-court settlement.
Apart from the ¢2.2 billion, Dr. Wereko-Brobby is also asking for interest on the sum from April 2004 and also an order by the court to the VRA to transfer to him ownership of a Volvo saloon car, which was officially assigned to him when he was appointed Chief Executive of the Authority.
In his statement of claim, Dr. Wereko-Brobby said he "got separated" from the VRA on September 17, 2003, but it took the Authority a considerable time amid demands from him before it the authority eventually wrote to him of his on April 1, 2004 to formally notify him of his separation entitlements.
He said in that letter, a cash equivalent of 43 days earned leave up to the time of the resignation, totalling ¢61 million, six months salary in the sum of ¢187 million, gratuity of five years salary of ¢1.8 billion, the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which is in his possession were discussed.
The VRA, he further argued in its letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April, 2004 and the rest when he vacated its premises on or before the end of May, the same year.
He contended that because the authority could not pay the entitlements as agreed, he could also not vacate the premises on the agreed date.
Dr. Wereko-Brobby also averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the authority had not honoured its obligation and unless compelled by the court, it will not pay him his entitlements.
Dr Wereko-Brobby was appointed Chief Executive Officer of the Authority on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.
Wednesday, 07 February 2007
A Fast Track High Court in Accra yesterday struck out an application for summary judgment filed by Dr. Charles Wereko-Brobby in the case in which he is demanding payment of ¢2.2 billion, being his entitlements from the Volta River Authority (VRA).
The court, presided over by Justice Paul Baffoe Bonnie, said it had decided to strike out the application because of certain issues raised in the statement of defence filed by the VRA.
"The issues raised were so important that we need to go into evidence," the court said.
As a result, Dr. Brobby will have to respond to VRA’s statement of defence for a new date to be fixed to enable full trial to commence.
Before the court took the decision, Mr. Akoto Ampaw, counsel for Dr. Wereko-Brobby intended moving the application but Mr. Francis Kwame Yeboah, representing the VRA, raised a preliminary objection saying: "The plaintiff’s affidavit in support does not conform to the strict rules of the court as Order 20 Rule 4 (2) states."
Justice Baffoe-Bonnie, however, did not take into account the arguments of both counsel before striking out the application and urged the parties to explore the avenues of an out-of-court settlement.
Apart from the ¢2.2 billion, Dr. Wereko-Brobby is also asking for interest on the sum from April 2004 and also an order by the court to the VRA to transfer to him ownership of a Volvo saloon car, which was officially assigned to him when he was appointed Chief Executive of the Authority.
In his statement of claim, Dr. Wereko-Brobby said he "got separated" from the VRA on September 17, 2003, but it took the Authority a considerable time amid demands from him before it the authority eventually wrote to him of his on April 1, 2004 to formally notify him of his separation entitlements.
He said in that letter, a cash equivalent of 43 days earned leave up to the time of the resignation, totalling ¢61 million, six months salary in the sum of ¢187 million, gratuity of five years salary of ¢1.8 billion, the cedi equivalent of fuel allocation from March 31, 2004, and transfer of ownership of the saloon car which is in his possession were discussed.
The VRA, he further argued in its letter of April 1, 2004, agreed to pay 70 per cent of the entitlements by mid April, 2004 and the rest when he vacated its premises on or before the end of May, the same year.
He contended that because the authority could not pay the entitlements as agreed, he could also not vacate the premises on the agreed date.
Dr. Wereko-Brobby also averred that the delay in the payment persisted into 2005, when he decided to vacate the premises but the authority had not honoured its obligation and unless compelled by the court, it will not pay him his entitlements.
Dr Wereko-Brobby was appointed Chief Executive Officer of the Authority on August 24, 2001. He officially assumed office in September that year but resigned on September 17, 2003.
Tuesday, February 06, 2007
ABODAKPI JAILED 10 YEARS
By William Yaw Owusu
Tuesday, 06 February 2007
THE trial of Daniel Kwasi Abodakpi, Member of Parliament for Keta, which had dragged on for five years, finally ended yesterday with the Fast Track High Court sentencing him to 10-years in hard labour.
Abodakpi, aged 57, who has been an MP since 1993, was sentenced to 10 years on each of the seven counts of conspiracy, causing financial loss to the state and defrauding, to run concurrently.
A former Minister of Trade and Industry in the NDC government, the accused was said to have authorised the illegal payment of 400,000 dollars to Dr. Frederick Owusu Boadu, a Ghanaian consultant in the United States, from the Trade and Investment Project (TIP) fund.
The payments which were done in two instalments of 100,000 and 300,000 dollars were in respect of a feasibility study purportedly conducted by Dr. Boadu under the Science and Technology/Valley Park Project.
The 8 million dollar TIP fund was set up by the NDC government with assistance from the United States Agency for International Development (USAID) to promote the non-traditional export sector.
The TIP was co-chaired by Abodakpi and Victor Selormey, a former Deputy Minister of Finance and Economic Planning, and the funds were lodged with the Ecobank.
Abodakpi was originally charged with Selormey, who died in the course of the trial.
The two were charged with three counts of conspiracy and two counts each of wilfully causing financial loss to the state and defrauding by false pretences.
The trial judge, Appeal Court Judge S.T Farkye, in his judgement made it clear that the court’s decision was in respect of Abodakpi alone.
The court held that the prosecution had been able to prove beyond reasonable doubt, all the seven counts of conspiracy, wilfully causing financial loss and defrauding by false pretences.
On the issue of causing financial loss to the state, Justice Farkye said evidence adduced showed that Abodakpi wrote to request the payments and it was the late Selormey who authorised Ecobank to release the money into the personal account of Dr. Boadu although no work was done.
"The prosecution was able to lead evidence to show that there was no feasibility study conducted on the project to warrant the payment of the amount and this is a financial loss to the state."
On the count of defrauding by false pretences, the court held that Abodakpi wrote to Selormey that the purported feasibility studies met their expectations and it was upon that basis that Selormey also wrote to Ecobank to authorise the payments, adding that "no feasibility study was conducted but $400.000 was transferred into the account of Dr. Boadu".
On the charge of conspiracy, Justice Farkye said that although the two former ministers co-chaired the TIP it was Abodakpi who entered into the agreement with Dr. Boadu.
He then wrote to Selormey, authorising him to effect the payment to Dr. Boadu which was done in two instalments with all the correspondence copied to Abodakpi.
"There was no work done but they went ahead to authorise the payment. There was a financial loss and the loss was wilfully caused by the two."
While the prosecution accepted the court’s verdict, there was heated argument between Mr. Charles Hayibor, counsel for Abodakpi and the judge for not allowing the defence team to plead for mitigation before the sentencing.
"My Lord, you should have heard us before you passed the sentence," Mr. Hayibor said but Justice Farkye replied, "It is not in the rules that you should be heard before a person is sentenced."
Evans Dzikunu, another counsel for Abodakpi indicated the defence’s intension to appeal the ruling saying, "I have never listened to a judgement which does not touch on the defence’s case."
When the sentence was passed, Abodakpi remained in his seat, bowed his head slightly and put his right hand on his temple for about two minutes, before turning to look at his family members and sympathisers some of who wept uncontrollably.
At the court were also fellow NDC MPs mostly from the Volta Region. They included Mr. Ken Dzirasah, Mr. Doe Adjaho, Ms. Akua Sena Dansua, Mr. Francis Agbotse, Mr. Charles Hodzogbe and Ms. Juliana Azumah, as well as Dr. Benjamin Kumbuor, MP for Lawra Nandom.
Dr. Kumbuor later in an interview said, "It came as a surprise to me that anything the prosecution told the court was taken as the gospel truth and there was no reference to the type of defence put up by the defence team.
"Our criminal jurisprudence has developed and I expected the court to allow counsel to plead for mitigation for Mr. Abodakpi. We are waiting for the record of proceedings to see our next line of action.
"Today is a dark day in the rule of law history of the country and Africa at large," he said.
After the proceedings it took about 30 minutes before the police arrived to whisk Abodakpi away.
The case was started in 2002 with Mr. Osafo Sampong, then Director of Public Prosecutions and now a Court of Appeal judge leading the prosecution team.
Other prosecutors were Mr.Anthony Gyambiby, a Senior State Attorney and Ms. Gertrude Aikins, the current acting Director of Public Prosecutions who completed the case
The prosecution called 10 witnesses while the defence called three.
Tuesday, 06 February 2007
THE trial of Daniel Kwasi Abodakpi, Member of Parliament for Keta, which had dragged on for five years, finally ended yesterday with the Fast Track High Court sentencing him to 10-years in hard labour.
Abodakpi, aged 57, who has been an MP since 1993, was sentenced to 10 years on each of the seven counts of conspiracy, causing financial loss to the state and defrauding, to run concurrently.
A former Minister of Trade and Industry in the NDC government, the accused was said to have authorised the illegal payment of 400,000 dollars to Dr. Frederick Owusu Boadu, a Ghanaian consultant in the United States, from the Trade and Investment Project (TIP) fund.
The payments which were done in two instalments of 100,000 and 300,000 dollars were in respect of a feasibility study purportedly conducted by Dr. Boadu under the Science and Technology/Valley Park Project.
The 8 million dollar TIP fund was set up by the NDC government with assistance from the United States Agency for International Development (USAID) to promote the non-traditional export sector.
The TIP was co-chaired by Abodakpi and Victor Selormey, a former Deputy Minister of Finance and Economic Planning, and the funds were lodged with the Ecobank.
Abodakpi was originally charged with Selormey, who died in the course of the trial.
The two were charged with three counts of conspiracy and two counts each of wilfully causing financial loss to the state and defrauding by false pretences.
The trial judge, Appeal Court Judge S.T Farkye, in his judgement made it clear that the court’s decision was in respect of Abodakpi alone.
The court held that the prosecution had been able to prove beyond reasonable doubt, all the seven counts of conspiracy, wilfully causing financial loss and defrauding by false pretences.
On the issue of causing financial loss to the state, Justice Farkye said evidence adduced showed that Abodakpi wrote to request the payments and it was the late Selormey who authorised Ecobank to release the money into the personal account of Dr. Boadu although no work was done.
"The prosecution was able to lead evidence to show that there was no feasibility study conducted on the project to warrant the payment of the amount and this is a financial loss to the state."
On the count of defrauding by false pretences, the court held that Abodakpi wrote to Selormey that the purported feasibility studies met their expectations and it was upon that basis that Selormey also wrote to Ecobank to authorise the payments, adding that "no feasibility study was conducted but $400.000 was transferred into the account of Dr. Boadu".
On the charge of conspiracy, Justice Farkye said that although the two former ministers co-chaired the TIP it was Abodakpi who entered into the agreement with Dr. Boadu.
He then wrote to Selormey, authorising him to effect the payment to Dr. Boadu which was done in two instalments with all the correspondence copied to Abodakpi.
"There was no work done but they went ahead to authorise the payment. There was a financial loss and the loss was wilfully caused by the two."
While the prosecution accepted the court’s verdict, there was heated argument between Mr. Charles Hayibor, counsel for Abodakpi and the judge for not allowing the defence team to plead for mitigation before the sentencing.
"My Lord, you should have heard us before you passed the sentence," Mr. Hayibor said but Justice Farkye replied, "It is not in the rules that you should be heard before a person is sentenced."
Evans Dzikunu, another counsel for Abodakpi indicated the defence’s intension to appeal the ruling saying, "I have never listened to a judgement which does not touch on the defence’s case."
When the sentence was passed, Abodakpi remained in his seat, bowed his head slightly and put his right hand on his temple for about two minutes, before turning to look at his family members and sympathisers some of who wept uncontrollably.
At the court were also fellow NDC MPs mostly from the Volta Region. They included Mr. Ken Dzirasah, Mr. Doe Adjaho, Ms. Akua Sena Dansua, Mr. Francis Agbotse, Mr. Charles Hodzogbe and Ms. Juliana Azumah, as well as Dr. Benjamin Kumbuor, MP for Lawra Nandom.
Dr. Kumbuor later in an interview said, "It came as a surprise to me that anything the prosecution told the court was taken as the gospel truth and there was no reference to the type of defence put up by the defence team.
"Our criminal jurisprudence has developed and I expected the court to allow counsel to plead for mitigation for Mr. Abodakpi. We are waiting for the record of proceedings to see our next line of action.
"Today is a dark day in the rule of law history of the country and Africa at large," he said.
After the proceedings it took about 30 minutes before the police arrived to whisk Abodakpi away.
The case was started in 2002 with Mr. Osafo Sampong, then Director of Public Prosecutions and now a Court of Appeal judge leading the prosecution team.
Other prosecutors were Mr.Anthony Gyambiby, a Senior State Attorney and Ms. Gertrude Aikins, the current acting Director of Public Prosecutions who completed the case
The prosecution called 10 witnesses while the defence called three.
Monday, February 05, 2007
Commercial Court Rejects Areeba's Application
By William Yaw Owusu
Monday, 05 February 2007
The Commercial Court in Accra, has rejected an application for stay of proceedings pending an arbitration in the case in which a lawyer, David Andreas Hesse has sued Investcom Consortium Holdings and Scancom Limited, operators of Areeba mobile phone service provider for breach of a shareholders’ agreement in Areeba.
Dismissing the applications, the court held that, the United Kingdom, the venue for the proposed arbitration is not recognised by Ghana to be party to the United Nations Convention which established the International Court of Arbitration.
"In effect, an arbitral award obtained in the UK cannot be enforced in Ghana since Legislative Instrument 261 has not been amended to cover all current parties to the convention."
The court further held that once an allegation of fraud had been raised by Mr. Hesse in the suit, it was only a court of law that could determine the matter since an arbiter might not be able to discern the fraud.
"I am satisfied that the particulars of these matters which have been pleaded satisfy the requirements of the law and are sufficiently substantial to justify a refusal of stay in order that the court will try these serious issues," the court said.
Investcom and Areeba filed separate applications to stay proceedings on December 21, last year, so that the parties could settle the matter through arbitration in London. However the court, presided over by Justice Cecilia H. Sowah, dismissed the applications and awarded ¢3 million cost each against the applicants.
On November 29, 2006, Mr. Hesse sued Investcom and Areeba seeking among other things, an order to reverse an alleged capital increase and dilution of his shares from six to two per cent and the transfer of the shares from him to Investcom.
He also wants an order to restore his six per cent shares in Areeba, a perpetual injunction restraining Areeba from removing him as a director as well as an order for the parties to go into account to determine the amount of dividends due him on his shares.
Mr Hesse again filed a motion for an interlocutory injunction to restrain Areeba from convening an extraordinary meeting to remove him as director of Areeba, pending the determination of the suit.
It is upon these developments that Investcom and Areeba filed for the stay of proceedings, arguing that the resolution of the matters raised by Mr. Hesse fell with the scope of a shareholder’s agreement and its amendment entered into by the shareholders of Areeba which had an express arbitration clause.
Sunday, February 04, 2007
Jo Blankson On Fresh Contempt Charge
By William Yaw Owusu
Saturday, 03 February 2007
AN Accra High Court has granted an order for substituted service for 23 persons to appear before it on February 15 for contempt.
The 23, including Dr Jo Blankson, also known as Nii Tackie Tawiah III, are said to have defied the court’s writ of possession order, given to Nii Tetteh Ahinakwa II at Ga Mashie Street in Accra, and failed to make appearance when summoned by the court for contempt.
The order for substituted service was issued on January 24, by the court, presided over by Mr Justice James B. Benson.
Among the 23 are, Percy Okoe Addy, Gladys Adoley Allotey, Otujoe Wonoo, Amoo, Odartey, Ayitey Wiseman, Laryea Annia, Narjy Diwyiba and Ashaley Wontse.
Others are Nii Akropong of Teiko Tsuru We, Nii Tetteh Ankamah II, Offei Dodoo, Nii Anum Tetteh, Nii Adamah Thompson and Okyeame Tetteh Alimo.
The rest are Humphrey Nii Teiko Aryee, Naa Ayikaila Naabobeni, John Aryeetey Aryee, Asafoatse Christopher Nettey II, Ataa Okoe, Ataa Okoe, Ataa Adu and Madam Bensua.
The order signed by the Chief Registrar of the court, S. F. Otoo, indicated that if any of the respondents fails to attend court after the publication, bench warrants could be issued for their arrest and detention.
Saturday, 03 February 2007
AN Accra High Court has granted an order for substituted service for 23 persons to appear before it on February 15 for contempt.
The 23, including Dr Jo Blankson, also known as Nii Tackie Tawiah III, are said to have defied the court’s writ of possession order, given to Nii Tetteh Ahinakwa II at Ga Mashie Street in Accra, and failed to make appearance when summoned by the court for contempt.
The order for substituted service was issued on January 24, by the court, presided over by Mr Justice James B. Benson.
Among the 23 are, Percy Okoe Addy, Gladys Adoley Allotey, Otujoe Wonoo, Amoo, Odartey, Ayitey Wiseman, Laryea Annia, Narjy Diwyiba and Ashaley Wontse.
Others are Nii Akropong of Teiko Tsuru We, Nii Tetteh Ankamah II, Offei Dodoo, Nii Anum Tetteh, Nii Adamah Thompson and Okyeame Tetteh Alimo.
The rest are Humphrey Nii Teiko Aryee, Naa Ayikaila Naabobeni, John Aryeetey Aryee, Asafoatse Christopher Nettey II, Ataa Okoe, Ataa Okoe, Ataa Adu and Madam Bensua.
The order signed by the Chief Registrar of the court, S. F. Otoo, indicated that if any of the respondents fails to attend court after the publication, bench warrants could be issued for their arrest and detention.
Group Promotes Rights Of Vulnerable
By William Yaw Owusu
Saturday, 03 February 2007
The 10th anniversary celebration and fund-raising campaign launch of the Legal Resources Centre (LRC), a non-governmental organisation helping to promote access to justice to the vulnerable, has been held in Accra.
The LRC was founded by some young lawyers about 10 years ago to offer services in human rights education and learning services. It also facilitates access to social services, legal aid clinic, policy analysis and advocacy services, among others.
In his keynote address, Ambassador Walter Lichem, a leading member of the People’s Movement for Human Rights Learning (PMHRL) in New York, USA, described the LRC as "bridge builders who should be encouraged to do more."
He said the PMHRL has recently been selected by the United Nations to help incorporate human rights learning into peace building, an effort which would be the first of its kind in the history of mankind and "we will involve the LRC in this project."
Dr Raymond A. Atuguba, Executive Director of LRC, said the group was launching an Endowment Fund to sponsor its activities and commended all donors who had supported them to get LRC this far.
He said Ghana has the best human rights constitution and it is up to everybody to uphold and support it to make it work.
Addressing the gathering, the Minister for National Security, Mr. Francis Poku, said the security agencies do not perceive human rights activists and their work as a threat to national security.
Rather, he said "they point to us where the problems are, and it is a pointer to the promotion of good governance."
Mr. Osei Prempeh, Deputy Attoney-General and Minister of Justice, said the LRC over the years had complemented the effort of the ministry in the quest to explain issues in the Constitution to the ordinary people.
Saturday, 03 February 2007
The 10th anniversary celebration and fund-raising campaign launch of the Legal Resources Centre (LRC), a non-governmental organisation helping to promote access to justice to the vulnerable, has been held in Accra.
The LRC was founded by some young lawyers about 10 years ago to offer services in human rights education and learning services. It also facilitates access to social services, legal aid clinic, policy analysis and advocacy services, among others.
In his keynote address, Ambassador Walter Lichem, a leading member of the People’s Movement for Human Rights Learning (PMHRL) in New York, USA, described the LRC as "bridge builders who should be encouraged to do more."
He said the PMHRL has recently been selected by the United Nations to help incorporate human rights learning into peace building, an effort which would be the first of its kind in the history of mankind and "we will involve the LRC in this project."
Dr Raymond A. Atuguba, Executive Director of LRC, said the group was launching an Endowment Fund to sponsor its activities and commended all donors who had supported them to get LRC this far.
He said Ghana has the best human rights constitution and it is up to everybody to uphold and support it to make it work.
Addressing the gathering, the Minister for National Security, Mr. Francis Poku, said the security agencies do not perceive human rights activists and their work as a threat to national security.
Rather, he said "they point to us where the problems are, and it is a pointer to the promotion of good governance."
Mr. Osei Prempeh, Deputy Attoney-General and Minister of Justice, said the LRC over the years had complemented the effort of the ministry in the quest to explain issues in the Constitution to the ordinary people.
Thursday, February 01, 2007
Unpublished Article (Ga Mantse Dispute)
By William Yaw Owusu
Thursday, January 31, 2007
An Accra High Court will on February 14, decide on whether or not the Greater Accra Regional House of Chiefs at Dodowa has the jurisdiction to hear four petitions filed before the house against the purported enstoolment of Dr. Jo Blankson in July as the Ga Mantse.
This follows the completion of arguments between counsel for Dr. Blankson and Nii Akropong Head of Nii Teiko Tsuru Royal family who initiated the legal action against the Regional House of Chiefs and made the four petitioners as interested parties.
The four petitioners who are the interested parties in the action are Dr. Ebenezer Nii Armah Tackie, a former lecturer at the Kwame Nkrumah University of Science and Technology, Kumasi, and three others; Winston Nii Teiko Tackie and two others; Nii Agyemankese IV and two others; as well as Nii Owula Kpakpa Blofonyo.
Dr. Blankson and Nii Akropong filed the application before the High Court presided over by Justice Kofi Abada, for an order of certiorari and prohibition on November 19, last year, to quash the processes initiated by the petitioners before the House of Chief on the grounds that the petitioners lacked the capacity to institute the action.
Moving the motion Mr. Willie Amarfio, representing Dr. Blankson and Nii Akropong said “the House of Chiefs does not have the jurisdiction to entertain or deal with a patently incompetent matter”.
He said the interested parties petitioned the House against the enstoolment of Dr. Blankson in his capacity as an individual and not as a paramount chief adding “they sued him in a court reserved for paramounts.They petition went to the wrong forum”.
“If they had sued him as King Tackie Tawiah III, the Ga Mantse, then they would have been in the proper forum and the co-respondents are also not chiefs but family heads but the Regional House of Chiefs deals with issues reserved for paramounts”.
In his response, Mr. A.G. Boadu, representing Nii Blofonyo urged the court to dismiss the application oughtright saying “this application is incompetent to be entertained”.
He argued that in matters of certiorari the issue of capacity was always left with the adjudicating body to determine and was not the reserve of counsel to decide.
Mr. Ben Akuetteh counsel for both Dr. Tackie and others and Winston Tackie and others said the petition was in the right forum, arguing that even though Nii Akropong and others were not paramount chiefs “they purported to elect a Ga Mantse which is paramouncy and the Chieftaincy Act is very clear on this”.
Thursday, January 31, 2007
An Accra High Court will on February 14, decide on whether or not the Greater Accra Regional House of Chiefs at Dodowa has the jurisdiction to hear four petitions filed before the house against the purported enstoolment of Dr. Jo Blankson in July as the Ga Mantse.
This follows the completion of arguments between counsel for Dr. Blankson and Nii Akropong Head of Nii Teiko Tsuru Royal family who initiated the legal action against the Regional House of Chiefs and made the four petitioners as interested parties.
The four petitioners who are the interested parties in the action are Dr. Ebenezer Nii Armah Tackie, a former lecturer at the Kwame Nkrumah University of Science and Technology, Kumasi, and three others; Winston Nii Teiko Tackie and two others; Nii Agyemankese IV and two others; as well as Nii Owula Kpakpa Blofonyo.
Dr. Blankson and Nii Akropong filed the application before the High Court presided over by Justice Kofi Abada, for an order of certiorari and prohibition on November 19, last year, to quash the processes initiated by the petitioners before the House of Chief on the grounds that the petitioners lacked the capacity to institute the action.
Moving the motion Mr. Willie Amarfio, representing Dr. Blankson and Nii Akropong said “the House of Chiefs does not have the jurisdiction to entertain or deal with a patently incompetent matter”.
He said the interested parties petitioned the House against the enstoolment of Dr. Blankson in his capacity as an individual and not as a paramount chief adding “they sued him in a court reserved for paramounts.They petition went to the wrong forum”.
“If they had sued him as King Tackie Tawiah III, the Ga Mantse, then they would have been in the proper forum and the co-respondents are also not chiefs but family heads but the Regional House of Chiefs deals with issues reserved for paramounts”.
In his response, Mr. A.G. Boadu, representing Nii Blofonyo urged the court to dismiss the application oughtright saying “this application is incompetent to be entertained”.
He argued that in matters of certiorari the issue of capacity was always left with the adjudicating body to determine and was not the reserve of counsel to decide.
Mr. Ben Akuetteh counsel for both Dr. Tackie and others and Winston Tackie and others said the petition was in the right forum, arguing that even though Nii Akropong and others were not paramount chiefs “they purported to elect a Ga Mantse which is paramouncy and the Chieftaincy Act is very clear on this”.
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