By William Yaw Owusu
Friday, 30 March 2007
An Accra Fast Track High Court will on April 19, decide whether to grant bail to Daniel Kwasi Abodakpi, former Trade and Industry Minister, who was sentenced to 10 years in jail on February 5 for causing financial loss to the state.
The packed court yesterday heard a submission by the acting Director of Public Prosecution, Gertrude Aikins, in reply to Abodakpi’s bail application.
Abodakpi’s application, filed on February 12 and a supplementary one filed on March 2, on his behalf by his counsel, Charles Hayibor, is asking the court to grant him bail pending an appeal against his sentence.
Opposing the application for bail, Ms. Aikins argued that although under Section 33 of the Courts Act and section 96 of the Criminal Procedure Code, application for bail is permitted it is not obligatory for the court to grant it.
She argued that a person found guilty by a court of competent jurisdiction could not be granted bail unless the conviction is overturned by a higher court.
The prosecution, she said, does not see how Abodakpi’s case could be exceptional because he is a Member of Parliament, adding that "every person convicted of an offence should be treated equally."
Referring to the applicant’s argument that the trial court failed to consider his defence in arriving at its judgement, Ms. Aikins said the court was entitled to accept the case of the defence or the prosecution, adding that "there was evidence of guilt in the proceedings and this made the court to come to the conclusion that it did."
She said, "Failure to consider the defence of the applicant in the judgement is not a sole ground to set aside the whole judgement.In any case the applicant’s defence was considered."
On the issue of a plea for mitigation, Ms. Aikins argued that there is no law or clause that directs a plea of mitigation before a sentence is passed saying, "The court gave a sentence which is legal."
She said the allegation that the money in contention was frozen in the bank was not a sufficient ground to warrant the granting of bail.
"Once the court gives a deterrent sentence, the good record of the applicant becomes completely irrelevant. The court’s sentence cannot be faulted as it was within the law," she submitted.
Ms. Aikins said in their attempt to discredit the prosecution’s case, they had falsified evidence on record by substituting the defence witness for a prosecution witness, adding, "They have themselves resorted to perjury."
"This is not a proper case in which the discretion of the court should go in favour of the applicant. Some of the issues raised should be canvassed at the Court of Appeal," she stressed.
Replying on points of law, Mr. Hayibor, said the court has every power to take a second look at its judgement due to the circumstances surrounding the case, hence the appeal.
He conceded that they substituted a defence witness for a prosecution witness, but said it was a mistake and asked: "How does this amount to perjury?"
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 illegally authorised the payment of 400,000 dollars to Dr. Fredrick Owusu Boadu, a Ghanaian consultant in Texas, United States, from Trade and Investment Project (TIP) fund set up to promote the non-traditional export sector.
Abodakpi was originally charged with Victor Selomey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Friday, March 30, 2007
Thursday, March 29, 2007
Court Admits Tape Recording In Cocaine Case
By William Yaw Owusu
Thursday, 29 March 2007
A SECRET recording by an investigator of the voices of five people in the missing cocaine case was yesterday admitted in evidence by an Accra Fast Track High Court.
At last week’s sitting, the defence had objected to the recordings being tendered in evidence.
The recordings were done by Detective Inspector Charles Adaba, the investigator in the case in which two of the five are being tried for their involvement in the missing parcels of cocaine from the MV Benjamin vessel at the Tema Port last April.
Inspector Adaba secretly recorded their voices during interrogation to enable him to authenticate the voices on another tape also secretly recorded at ACP Boakye’s house by an unknown person.
The two, Kwabena Amaning, also called Tagor, and Alhaji Issah Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity seized from a house at East Legon in Accra.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 related to narcotic drugs and supply of narcotic drugs.
They have pleaded not guilty and are in prison custody.
Inspector Adaba had told the court on March 21 that when he forwarded the tape recorded at ACP Boakye’s home to experts in the United Kingdom for identification of the voices, they requested fresh voice recordings of all those people whose voices were heard on the tape, for comparison.
"In order that the participants, including the accused persons, did not disguise their voices, I recorded them without their knowledge and forwarded them to the experts," Mr Adaba told the court at the last sitting.
On March 21, when the prosecution led by Ms Gertrude Aikins, the acting Director of Public Prosecutions (DPP), sought to tender Inspector Adaba’s recordings, Nana Asante Bediatuo and Osafo Buaben, counsel for Tagor and Abass respectively, objected to it.
They argued that what Inspector Adaba did was against the rules and infringed on their clients’ right to primary and some provisions of the constitution at large.
Over-ruling counsel’s objection yesterday, Presiding Appeal Court, Judge Jones Dotse, said admitting the new tape in evidence would not create any substantial danger, adding, it is to indicate the proof that the accused persons really took part in the conversation."
The judge said the issues involved before the secret recordings were done had been well explained by the prosecution and that "the court does not find any prejudice in the prosecution’s attempt."
Justice Dotse said that once the accused persons had been promptly charged and the trial had proceeded as expected, "the court does not see any breach of the provisions in the Constitution."
The Investigator has powers as a detective to interrogate them and the action taken is necessary considering the situation at the time."
The court adjourned proceedings until April 4, and asked the registrar of the court to make copies of the original recordings at ACP Boakye’s house to both the prosecution and defence counsel.
Thursday, 29 March 2007
A SECRET recording by an investigator of the voices of five people in the missing cocaine case was yesterday admitted in evidence by an Accra Fast Track High Court.
At last week’s sitting, the defence had objected to the recordings being tendered in evidence.
The recordings were done by Detective Inspector Charles Adaba, the investigator in the case in which two of the five are being tried for their involvement in the missing parcels of cocaine from the MV Benjamin vessel at the Tema Port last April.
Inspector Adaba secretly recorded their voices during interrogation to enable him to authenticate the voices on another tape also secretly recorded at ACP Boakye’s house by an unknown person.
The two, Kwabena Amaning, also called Tagor, and Alhaji Issah Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity seized from a house at East Legon in Accra.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 related to narcotic drugs and supply of narcotic drugs.
They have pleaded not guilty and are in prison custody.
Inspector Adaba had told the court on March 21 that when he forwarded the tape recorded at ACP Boakye’s home to experts in the United Kingdom for identification of the voices, they requested fresh voice recordings of all those people whose voices were heard on the tape, for comparison.
"In order that the participants, including the accused persons, did not disguise their voices, I recorded them without their knowledge and forwarded them to the experts," Mr Adaba told the court at the last sitting.
On March 21, when the prosecution led by Ms Gertrude Aikins, the acting Director of Public Prosecutions (DPP), sought to tender Inspector Adaba’s recordings, Nana Asante Bediatuo and Osafo Buaben, counsel for Tagor and Abass respectively, objected to it.
They argued that what Inspector Adaba did was against the rules and infringed on their clients’ right to primary and some provisions of the constitution at large.
Over-ruling counsel’s objection yesterday, Presiding Appeal Court, Judge Jones Dotse, said admitting the new tape in evidence would not create any substantial danger, adding, it is to indicate the proof that the accused persons really took part in the conversation."
The judge said the issues involved before the secret recordings were done had been well explained by the prosecution and that "the court does not find any prejudice in the prosecution’s attempt."
Justice Dotse said that once the accused persons had been promptly charged and the trial had proceeded as expected, "the court does not see any breach of the provisions in the Constitution."
The Investigator has powers as a detective to interrogate them and the action taken is necessary considering the situation at the time."
The court adjourned proceedings until April 4, and asked the registrar of the court to make copies of the original recordings at ACP Boakye’s house to both the prosecution and defence counsel.
Power Outage Halts Mrs Rawlings' Case
By William Yaw Owusu
Thursday, 29 March 2007
THE new power rationing arrangement yesterday affected the trial of former First Lady Nana Konadu Agyeman Rawlings, and four others for their alleged involvement in the divestiture of the Nsawam Cannery.
Proceedings could not be heard because the High Street area where the Fast Track High Courts are located were in the morning category which suffered power outage from 6 am to 6 pm.
The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, adjourned proceedings because the power outage made it impossible for proceedings to go ahead since the court is automated.
An automated court is one that records proceeding by computer.
Mrs Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman, and Hanny Sherry Ayittey, Director of Carridan Development Company Limited (CDCL).
They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary, but the Attorney-General withdrew the charges against the three under Section 59 of Act 30 of the Criminal Code.
All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by fabre statement.
They have pleaded not guilty and have been granted self recognisance bail.
Mrs Rawling and her co-accused persons were present in court which was filled by sympathisers, including some Members of Parliament of the opposition National Democratic Congress.
For about 45 minutes while the accused were in court, some NDC sympathisers, mostly women who stood outside the walls of the Fast Track Courts were heard singing and chanting slogans in a show of solidarity with them.
Thursday, 29 March 2007
THE new power rationing arrangement yesterday affected the trial of former First Lady Nana Konadu Agyeman Rawlings, and four others for their alleged involvement in the divestiture of the Nsawam Cannery.
Proceedings could not be heard because the High Street area where the Fast Track High Courts are located were in the morning category which suffered power outage from 6 am to 6 pm.
The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, adjourned proceedings because the power outage made it impossible for proceedings to go ahead since the court is automated.
An automated court is one that records proceeding by computer.
Mrs Rawlings is being tried together with Emmanuel Amuzu Agbodo, former Executive Secretary of the Divestiture Implementation Committee (DIC), Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman, and Hanny Sherry Ayittey, Director of Carridan Development Company Limited (CDCL).
They were originally charged with Georgina Okaitey, a Director, George Mould, a Director and Larry Adjetey, a Director/Secretary, but the Attorney-General withdrew the charges against the three under Section 59 of Act 30 of the Criminal Code.
All the accused persons have been charged with 30 counts of conspiracy, causing financial loss to a public property, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by fabre statement.
They have pleaded not guilty and have been granted self recognisance bail.
Mrs Rawling and her co-accused persons were present in court which was filled by sympathisers, including some Members of Parliament of the opposition National Democratic Congress.
For about 45 minutes while the accused were in court, some NDC sympathisers, mostly women who stood outside the walls of the Fast Track Courts were heard singing and chanting slogans in a show of solidarity with them.
Unpublished Article (MV Benjamin Vessel Owner and Five Others)
By William Yaw Owusu
Wednesday March 28, 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 he was the person who was asked by the Captain to change the vessel’s name to Adede II but could not do it.
“On March 13, 2006, on the high seas, the Captain asked me to change the name to Adede II at gun point but I could not do it so he did it himself”, Isaac Arhin, 49, was quoted as saying in his caution statement.
Detective Inspector Justice Oppong, the initial investigator 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, Inspt. Oppong told the court that he took Isaac Arhin”s statement on May 1, last year where the third accused said he was the second officer on the vessel.
Reading the statement further, Isaac Arhin was quoted as saying that he took care of the vessel which belongs to Dawson until February 15 when a Korean called Killer now at large, came to say that they had taken over the vessel and it was to be sent to Tema on trial after repairs.
He said Killer brought 10 tonnes of fuel and other items for use on the vessel and on the day they were to sail, the Captain told them that they were taking the vessel to Tema on trials and for further repairs.
“Hours into our voyage I realised that we were not going to Tema so I climbed up to the Captain”s bridge to find out where were sailing to but he pulled out a gun.So from that time I did not ask him anything again.I wanted to come back safely”.
“When we sailed for more than one week to the high seas around Sierra Leone and Liberia, two vessel came closser to ours and off loaded the parcels.The first consignment which were in sacks were 33 in number while the second in polythene bags were 44”.
He said they spent about two hours to offload the parcels on the high seas.
He said on their way to Tema which took 20 days, the Captain communicated constantly with somebody on land and because they spoke Korean he did not understand what they said.
In his further caution statement taken on August 23, Isaac Arhin said the Chief Engineer of the vessel also had a gun with him and that made it impossible for the rest of the crew to confront them and had to follow any instructions given them.
He further said at the Tema Port, people who looked like fishermen, numbering about 15 came to offload the parcels and sped off to the Tema New Town and Kpone direction.
In the statement of Phillip Bruce Arhin who is the fourth accused , he said it was Isaac Arhin who asked him to join the vessel because it was about to be tried after months of breakdown at the Takoradi Port.
He said in his statement that on the high seas the Chief engineer pointed a gun at him for finding out where they were sailing to instead of Tema as earlier told.
He said soon after offloading the parcels which they got to know after their arrest as cocaine an helicopter flew past the vessel on three occasions until it disappeared and added that the vessel clutch developed a fault when they sailed from Takoradi and it took them one week to repaire it.
He said Killer took the Chief Engineers car to meet them at Tema and when the parcels were being offloaded at the Tema breakwaters most of the people who came were armed with AK 47s and other weapons.
“It took them less than one hour to do the offloading.The Captain and the Chief engineer who were also armed did not did not say anything to them.”
He said he did not see how the painting of the vessel was done but once saw I saac Arhin bled from the left hand and when he found out Isaac told him that it was as a result of a scuffle he had with the Captain over the painting.
Earlier in Dawson”s statement taken on July 22,last year, he said Asem Darke, popularly called Sheriff, the man suspected to have carted the cocaine away chartered the vessel from him and added that Sheriff did not complete the payment before he took the vessel away.
The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until April 16, for Inspector Oppong to be cross examined by defence counsel.
Wednesday March 28, 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 he was the person who was asked by the Captain to change the vessel’s name to Adede II but could not do it.
“On March 13, 2006, on the high seas, the Captain asked me to change the name to Adede II at gun point but I could not do it so he did it himself”, Isaac Arhin, 49, was quoted as saying in his caution statement.
Detective Inspector Justice Oppong, the initial investigator 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, Inspt. Oppong told the court that he took Isaac Arhin”s statement on May 1, last year where the third accused said he was the second officer on the vessel.
Reading the statement further, Isaac Arhin was quoted as saying that he took care of the vessel which belongs to Dawson until February 15 when a Korean called Killer now at large, came to say that they had taken over the vessel and it was to be sent to Tema on trial after repairs.
He said Killer brought 10 tonnes of fuel and other items for use on the vessel and on the day they were to sail, the Captain told them that they were taking the vessel to Tema on trials and for further repairs.
“Hours into our voyage I realised that we were not going to Tema so I climbed up to the Captain”s bridge to find out where were sailing to but he pulled out a gun.So from that time I did not ask him anything again.I wanted to come back safely”.
“When we sailed for more than one week to the high seas around Sierra Leone and Liberia, two vessel came closser to ours and off loaded the parcels.The first consignment which were in sacks were 33 in number while the second in polythene bags were 44”.
He said they spent about two hours to offload the parcels on the high seas.
He said on their way to Tema which took 20 days, the Captain communicated constantly with somebody on land and because they spoke Korean he did not understand what they said.
In his further caution statement taken on August 23, Isaac Arhin said the Chief Engineer of the vessel also had a gun with him and that made it impossible for the rest of the crew to confront them and had to follow any instructions given them.
He further said at the Tema Port, people who looked like fishermen, numbering about 15 came to offload the parcels and sped off to the Tema New Town and Kpone direction.
In the statement of Phillip Bruce Arhin who is the fourth accused , he said it was Isaac Arhin who asked him to join the vessel because it was about to be tried after months of breakdown at the Takoradi Port.
He said in his statement that on the high seas the Chief engineer pointed a gun at him for finding out where they were sailing to instead of Tema as earlier told.
He said soon after offloading the parcels which they got to know after their arrest as cocaine an helicopter flew past the vessel on three occasions until it disappeared and added that the vessel clutch developed a fault when they sailed from Takoradi and it took them one week to repaire it.
He said Killer took the Chief Engineers car to meet them at Tema and when the parcels were being offloaded at the Tema breakwaters most of the people who came were armed with AK 47s and other weapons.
“It took them less than one hour to do the offloading.The Captain and the Chief engineer who were also armed did not did not say anything to them.”
He said he did not see how the painting of the vessel was done but once saw I saac Arhin bled from the left hand and when he found out Isaac told him that it was as a result of a scuffle he had with the Captain over the painting.
Earlier in Dawson”s statement taken on July 22,last year, he said Asem Darke, popularly called Sheriff, the man suspected to have carted the cocaine away chartered the vessel from him and added that Sheriff did not complete the payment before he took the vessel away.
The court presided over by Justice Annin Yeboah of the Court of Appeal adjourned proceedings until April 16, for Inspector Oppong to be cross examined by defence counsel.
Unpublished Article (Republic Vrs Prince Tibu-Darko)
By William Yaw Owusu
Wednesday March 28, 2007
For the fourth time, the trial of Prince Tibu-Darko, the Tema based businessman, charged with the exportation of 3,700 kilogrammes could not be heard at the Fast Track High Court yesterday because the prosecution says it is still conducting investigations.
Mrs. Yvonne Atakora Obuobisah, a Senior State Attorney told the court that “Our position is about the .The investigation into the matter is still not complete”.
“We want the court to grant us an adjournment that will enable us to present our case”.
This prompted Yonnie Kulendi, a leading defense counsel to submit that if the prosecution was not ready then his client must be discharge by the court.
He said “unless the court intervenes this investigation will run till thy Kingdom come”
“We have gone through this same situation for about nine months.The prosecution arraigned and charged the accused for a specific offence but are not able to continue for us to establish our innocence”.
Mr. Kulendi invited the court to use its discression “in the interest of justice and fairness to discharge Tibu-Darko”, saying, “anytime the prosecution is ready we will appear before this court to cantest the case”.
But the trial judge, Justice Jones Dotse of the Court of Appeal did not grant counsel” request and adjourned proceedings until April 26, for the prosecution to continue with the investigations.
The court said although there had been some delays in the trial it will reluctantly adjourn proceedings rather than discharge the accused person.
Tibu-Darko was in court.
Tibu-Darko has pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.
He appeared for the first at an Accra Circuit Court on August 16, and was on remand until January 9, when he was granted 1billion cedis bail with two sureties to be justified.
On November 22, last year, the prosecution entered a "Nolle Prosequi" (unwilling to pursue) in the case. He was however, re-arrested soon after and arraigned him before the Fast Track Court on November 23, last year.
Wednesday March 28, 2007
For the fourth time, the trial of Prince Tibu-Darko, the Tema based businessman, charged with the exportation of 3,700 kilogrammes could not be heard at the Fast Track High Court yesterday because the prosecution says it is still conducting investigations.
Mrs. Yvonne Atakora Obuobisah, a Senior State Attorney told the court that “Our position is about the .The investigation into the matter is still not complete”.
“We want the court to grant us an adjournment that will enable us to present our case”.
This prompted Yonnie Kulendi, a leading defense counsel to submit that if the prosecution was not ready then his client must be discharge by the court.
He said “unless the court intervenes this investigation will run till thy Kingdom come”
“We have gone through this same situation for about nine months.The prosecution arraigned and charged the accused for a specific offence but are not able to continue for us to establish our innocence”.
Mr. Kulendi invited the court to use its discression “in the interest of justice and fairness to discharge Tibu-Darko”, saying, “anytime the prosecution is ready we will appear before this court to cantest the case”.
But the trial judge, Justice Jones Dotse of the Court of Appeal did not grant counsel” request and adjourned proceedings until April 26, for the prosecution to continue with the investigations.
The court said although there had been some delays in the trial it will reluctantly adjourn proceedings rather than discharge the accused person.
Tibu-Darko was in court.
Tibu-Darko has pleaded not guilty to one count of carrying out prohibited business relating to narcotic drugs.
He appeared for the first at an Accra Circuit Court on August 16, and was on remand until January 9, when he was granted 1billion cedis bail with two sureties to be justified.
On November 22, last year, the prosecution entered a "Nolle Prosequi" (unwilling to pursue) in the case. He was however, re-arrested soon after and arraigned him before the Fast Track Court on November 23, last year.
Monday, March 26, 2007
Chief Justice is dead
By William Yaw Owusu
Monday March 26, 2007.
The Chief Justice, George Kingsley Acquah, is reported dead at the 37 Military Hospital.
He died at about 1.00am on Sunday at the hospital where he was rushed to from the airport after he was brought in by an air ambulance at 6.00am on Saturday from India where he was receiving treatment for a cancer reported to be leukemia.
He had also received treatment in the United States.
He turned 65 on Independence Day, March 6 2007.
Justice Acquah's ill health became public on the day he was to receive his national honours at the first event organised by the state on June 30, 2006 when he had to be rushed home from the programme.
A few days later he was flown to the U.S. for medical treatment and returned home in September. When he resumed work, he led a delegation of senior judges and judicial service staff to sign a book of condolence that had been opened for the late Justice D.F. Annan, a former Speaker of Parliament.
Justice Acquah's last public assignment was the commissioning of the motor courts in Accra on January 11, 2007 but was last seen publicly by many people in February at the funeral of his mother, which he had the responsibility of carrying out as an only child, and at the Parliament House where he witnessed the delivery of the State of the Nation address by President Kufuor.
When the Times visited the Chief Justice's family home at West Tanokrom in Takoradi, family members clad in mourning clothes had gathered while people trooped in to ascertain the news of his death.
A family member told the Times that the news of the CJ's death came as a great shock to them and said the family was at a loss as to how to handle the situation coming a month after the death of his mother.
Chief Justice George Kingsley Acquah was appointed on June 20, 2003 after a successful legal career from 1972 when he started private legal practice till his appointment in 2003 during which time he was working as a Supreme Court Judge.
Mr Justice Acquah was born in Sekondi on March 6, 1942 and attended Adisadel College, Cape Coast, from 1957 to 1963 for both his West African Examination Council Ordinary and Advanced Level Certificates.
He proceeded to the University of Ghana, Legon in 1964 to 1967 and obtained a B.A (Hons) Philosophy. Between 1968 and 1970 he studied and obtained LL.B. Hons in Law from the same University.
From 1970 to 1972, Justice Acquah entered the Ghana Law School where he obtained his Professional Certificate in Law and was called to the Bar in 1972.
He left behind a wife and six children.
Appeal Court to rule on ex-GHAPOHA workers severance award
By William Yaw Owusu
Monday March 26, 2007.
THE Court of Appeal will on March 30, decide on whether or not to affirm a Tema High Court decision that ordered the Ghana Ports and Harbours Authority (GHAPOHA) to pay severance awards to the authority’s former casual employees.
The Appeal Court could not deliver its judgment on Friday as scheduled because GHAPOHA, the appellants, had filed an additional application in response to the statement of case filed by the ex-workers numbering 4,195.
On July 11, 2003, the retrenched workers filed the suit at the High Court against GHAPOHA seeking damages for breaching the provisions of the collective bargaining agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums found due and owing them at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgment in favour of the ex-workers.
It ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001 and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgment for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff, adding, “There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
GHAPOHA further argued that although the judge rightly declared his intention to restrict the adjudication of the issues set down for trial and the evidence on record, his findings were not supported by the record.
“The trial judge erred in finding that GHAPOHA had violated the constitution of the Collective Bargaining Agreement.”
It said the provision did not provide for the automatic conversion of casual employees to the status of permanent staff, and that the finding by the court that the severance package paid to them was not negotiated, is against the weight of evidence.
It said the judgment left various matters yet to be decided and the award of damages was baseless in the law and should be set aside.
Inviting the court to affirm the high court’s decision, the ex-workers contended that they were subjected to grave injustice and unfair treatment by their employer for a long time.
“The defendant/appellant in fragrant violation of all the Collective Bargaining Agreements that existed, exploited and cheated us and even when GHAPOHA carried out a re-organisation in or about September 2003 they still sought to cheat and exploit us.”
Monday March 26, 2007.
THE Court of Appeal will on March 30, decide on whether or not to affirm a Tema High Court decision that ordered the Ghana Ports and Harbours Authority (GHAPOHA) to pay severance awards to the authority’s former casual employees.
The Appeal Court could not deliver its judgment on Friday as scheduled because GHAPOHA, the appellants, had filed an additional application in response to the statement of case filed by the ex-workers numbering 4,195.
On July 11, 2003, the retrenched workers filed the suit at the High Court against GHAPOHA seeking damages for breaching the provisions of the collective bargaining agreement and asked the court to award compensation for maintaining them as casual workers in violation of their economic rights under the Constitution.
They also sought an order that compensation packages payable for severance of permanent employees be paid to them and an interest on all sums found due and owing them at the bank rate from October 1, 2002 to the date of judgment.
The court on January 18, last year, entered judgment in favour of the ex-workers.
It ordered GHAPOHA to pay ¢5 million to each ex-worker for breach of the collective bargaining agreement and ¢10 million to each for each year of service “after the expiration of 154 continuous working days,” for keeping them as casual workers.
Furthermore, the court ordered the company to pay severance awards comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million as medicals, two bags of rice, two gallons of oil, ¢1.5 million conveyance fees, bonus for 2001 five months salary as handshake, interest from October 2001 and ¢10 million as cost.
GHAPOHA appealed against the court’s decision on the grounds that “the trial judge gave judgment for 3,839 workers plus a further 356 plaintiffs as if they were parties to the action although the record of proceedings and relevant rules of the court established that they were not.”
The Authority argued that the trial judge’s finding that the company acted illegally and unlawfully in treating the ex-workers as non-permanent employees was erroneous since there was no evidence on record of the period of employment of each plaintiff, adding, “There is no evidence that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as permanent employees or to warrant the finding of the trial judge that GHAPOHA breached the collective bargaining agreement.
GHAPOHA further argued that although the judge rightly declared his intention to restrict the adjudication of the issues set down for trial and the evidence on record, his findings were not supported by the record.
“The trial judge erred in finding that GHAPOHA had violated the constitution of the Collective Bargaining Agreement.”
It said the provision did not provide for the automatic conversion of casual employees to the status of permanent staff, and that the finding by the court that the severance package paid to them was not negotiated, is against the weight of evidence.
It said the judgment left various matters yet to be decided and the award of damages was baseless in the law and should be set aside.
Inviting the court to affirm the high court’s decision, the ex-workers contended that they were subjected to grave injustice and unfair treatment by their employer for a long time.
“The defendant/appellant in fragrant violation of all the Collective Bargaining Agreements that existed, exploited and cheated us and even when GHAPOHA carried out a re-organisation in or about September 2003 they still sought to cheat and exploit us.”
Vice President calls for repackaging of schemes in tertiary institutions
By William Yaw Owusu
Monday March 26, 2007
Tertiary institutions have been asked to gather the courage to repackage their programmes to make them more relevant to the socio-economic needs of the people.
“Humanity in present times is confronted with many challenges and pressures for which tertiary institutions cannot afford to continue in their conservative tradition of holding on to structures and operations that make it difficult for them to meet the expectations of the larger society,” Vice President Aliu Mahama has noted.
He was speaking in Accra at the weekend at the seventh graduation ceremony of Jayee Institute, a private tertiary institution in Accra affiliated to the University of Education, Winneba (UEW).
A total of 405 students, mostly females who graduated between 2004 and 2006, were awarded Diploma Certificates in Office Management and Secretaryship, Accounting, Marketing, Public Relations and Journalism.
Tertiary institutions, the Vice President said, should be seen as providing leadership in the generation of ideas, knowledge and skills for efficient and effective management of resources.
“Such leadership should reflect in the pursuit of excellence as a trademark in creativity, research and a hand on problem solving approach to challenge the confronting society,” he urged.
He said once the world has become a global village as a result of the dominance of Information and Communications Technology (ICT), tertiary institutions should take the opportunity to explore the situation to enable the country to position herself to meet the challenges of the information age.
Alhaji Mahama advised the graduands to put into good use the skills they had acquired saying, “your parents and guardians have made huge investments in your training so reciprocate this kind gesture by rendering devoted service to them and the nation at large.”
Professor Jophus Anamuah-Mensah, Vice Chancellor of University of Education, Winneba (UEW) described the partnership between the UEW and Jayee as fruitful, saying “we want to support them to produce programmes that are market-driven and also bring about innovation into the educational sector.”
Dr. Isaac Sagoe, Board Chairman of Jayee Institute, said the institution is going through a transformation that will re-brand it to become a special university that will be noted for its creativity and innovation in its programmes.
While commending the government for supporting private institutions, he also appealed to the government through the Vice President to provide the institute with a bus from the Ghana Education Trust Fund (GETFund).
Mr. J.E. Donkoh, founder and Principal of the institute, said preparations are underway to introduce a Bachelor of Science in Journalism programme with options in Political Science, Sports, Business and Finance as well as Law in September.
He appealed to the government to set aside some funds to enable accredited institutions to access loans with low interest rates for infrastructural development to enhance the growth of the educational sector.
Friday, March 23, 2007
Missing Coke case: 0.49m dollars found in accuseds account
By William Yaw Owusu
Friday March 23, 2007
The investigator in the case of two people charged with the disappearance of 76 parcels of cocaine from the MV Benjamin in April last year, yesterday told an Accra Fast Track High Court that he found 495,000 dollars in the bank account of Alhaji Issah Abass, one of the two suspects on trial.
Detective Inspector Charles Adaba, who is the Seventh Prosecution Witness (PW7), said he used information from the secret tape recording of the conversation between Assistant Commissioner of Police, Kofi Boakye, and some suspected drug dealers, including the two accused, to locate the bank account of the second accused person.
Alhaji Issah Abass and Kwabena Amaning, also known as Tagor, are on trial for their involvement in the disappeared of the cocaine. From the Tema Port.
Tagor and Abass were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
They have pleaded not guilty to all the charges and are in prison custody.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 related to narcotic drugs and supply of narcotic drugs.
Led in evidence by Ms. Getrude Aikins, Acting Director of Public Prosecutions (DPP), Inspector Adaba told the court that Abass had stated on the secret recording that he had been questioned by the Bureau of National Investigations (BNI) over the transfer of the money.
“When I questioned him about it, he claimed that it was the proceeds of a sea foods business he transacted in New Zealand.”
He told the packed court that in the narcotics drug business the dealers use terminologies to describe or refer to the drugs and the kilogramme sold.
For instance, he said, the word cocaine is referred to as either “goods” or “business” and in Akan parlance they call it “Eneema” which literally means “goods.”
Inspector Adaba revealed that players in the narcotic drugs industry refer to kilogrammes as “keys” or “safoa” in Akan-while they refer to the deals in the trade as “Line.”
He further told the court that as drug dealers do not trust one another, they normally use front men such as their drivers to deal with their partners.
Inspector Adaba said Alhaji Abass on the tape mentioned Asem Darke, also called Limping man or Sheriff, as the person who chartered the MV Benjamin from Dashment Company Limited to cart the cocaine from the high seas into the country.
Witness said when he visited the vessel, he found that its cabin and other parts had been set on fire but could not tell the court who did it.
He further told the court that on the tape, the name Mama Tex came up as the woman who was supplied with the cocaine. He said he traced her to her furniture shop on the Spintex Road in Accra but discovered that she had traveled and had still not returned.
Inspector Adaba also told the court that he secured an Akan linguistic expert to assist the foreign experts who worked on the tape and visit the United Kingdom to see at first-hand how the voices on the tape were being identified.
He described to the court the sitting arrangement of the meeting at ACP Boakye’s house where the secret recording was done under a tree saying: “ACP Boakye sat, facing the rest of the four.”
This was after the court had overruled an objection by counsel for the accused persons who argued that the investigator was not present at the meeting.
On his secret recordings to help the experts to compare the voices on the original recording, Inspector Adaba said: “I recorded Tagor at Sekondi Prisons on November 2, and Abass at Ankaful Prisons on November 1, all in the presence of two senior police officers.”
When the prosecution sought to tender the new tape recordings, Nana Asante Bediatuo and Osafo Buaben, counsel for Tagor and Abass, respectively, objected, to it arguing that what inspector Adaba did was against the rules and infringed on the rights of their clients’ right to privacy.
Ms. Aikins, on the other hand, argued that the value of that recording out-weighed any perceived or imagined danger and contended that the rights that counsel was complaining of were not absolute.
The court, presided over by Justice Jones Dotse of the Court of Appeal adjourned proceedings until March 28, for the court to rule on whether the investigator’s secret recording of the voices of the accused persons could be admitted in evidence.
Friday March 23, 2007
The investigator in the case of two people charged with the disappearance of 76 parcels of cocaine from the MV Benjamin in April last year, yesterday told an Accra Fast Track High Court that he found 495,000 dollars in the bank account of Alhaji Issah Abass, one of the two suspects on trial.
Detective Inspector Charles Adaba, who is the Seventh Prosecution Witness (PW7), said he used information from the secret tape recording of the conversation between Assistant Commissioner of Police, Kofi Boakye, and some suspected drug dealers, including the two accused, to locate the bank account of the second accused person.
Alhaji Issah Abass and Kwabena Amaning, also known as Tagor, are on trial for their involvement in the disappeared of the cocaine. From the Tema Port.
Tagor and Abass were among the 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity of cocaine seized from a house in East Legon in Accra in November 2005.
They have pleaded not guilty to all the charges and are in prison custody.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 related to narcotic drugs and supply of narcotic drugs.
Led in evidence by Ms. Getrude Aikins, Acting Director of Public Prosecutions (DPP), Inspector Adaba told the court that Abass had stated on the secret recording that he had been questioned by the Bureau of National Investigations (BNI) over the transfer of the money.
“When I questioned him about it, he claimed that it was the proceeds of a sea foods business he transacted in New Zealand.”
He told the packed court that in the narcotics drug business the dealers use terminologies to describe or refer to the drugs and the kilogramme sold.
For instance, he said, the word cocaine is referred to as either “goods” or “business” and in Akan parlance they call it “Eneema” which literally means “goods.”
Inspector Adaba revealed that players in the narcotic drugs industry refer to kilogrammes as “keys” or “safoa” in Akan-while they refer to the deals in the trade as “Line.”
He further told the court that as drug dealers do not trust one another, they normally use front men such as their drivers to deal with their partners.
Inspector Adaba said Alhaji Abass on the tape mentioned Asem Darke, also called Limping man or Sheriff, as the person who chartered the MV Benjamin from Dashment Company Limited to cart the cocaine from the high seas into the country.
Witness said when he visited the vessel, he found that its cabin and other parts had been set on fire but could not tell the court who did it.
He further told the court that on the tape, the name Mama Tex came up as the woman who was supplied with the cocaine. He said he traced her to her furniture shop on the Spintex Road in Accra but discovered that she had traveled and had still not returned.
Inspector Adaba also told the court that he secured an Akan linguistic expert to assist the foreign experts who worked on the tape and visit the United Kingdom to see at first-hand how the voices on the tape were being identified.
He described to the court the sitting arrangement of the meeting at ACP Boakye’s house where the secret recording was done under a tree saying: “ACP Boakye sat, facing the rest of the four.”
This was after the court had overruled an objection by counsel for the accused persons who argued that the investigator was not present at the meeting.
On his secret recordings to help the experts to compare the voices on the original recording, Inspector Adaba said: “I recorded Tagor at Sekondi Prisons on November 2, and Abass at Ankaful Prisons on November 1, all in the presence of two senior police officers.”
When the prosecution sought to tender the new tape recordings, Nana Asante Bediatuo and Osafo Buaben, counsel for Tagor and Abass, respectively, objected, to it arguing that what inspector Adaba did was against the rules and infringed on the rights of their clients’ right to privacy.
Ms. Aikins, on the other hand, argued that the value of that recording out-weighed any perceived or imagined danger and contended that the rights that counsel was complaining of were not absolute.
The court, presided over by Justice Jones Dotse of the Court of Appeal adjourned proceedings until March 28, for the court to rule on whether the investigator’s secret recording of the voices of the accused persons could be admitted in evidence.
Thursday, March 22, 2007
BOAKYE TAPE FAILS AGAIN
By William Yaw Owusu
Thursday, 22 March 2007
The much-talked-about secret tape recording of the conversation between Assistant Commissioner of Police Kofi Boakye, and some suspected drug dealers was yesterday played in court as promised, but the disappointment of the large audience soon became obvious.
Contrary to high expectation of the public, the tape, which took exactly one hour and two minutes (11:08 am to 12:10 noon) to play was of such poor sound quality that nothing was audible and many left the Fast Tract High Court room before proceedings ended.
The recording was originally to have been played on Monday but the compact disc player could not function, compelling the court to postpone it to yesterday.
Two of the people whose voices are supposedly on the tape, Kwabena Amaning, (popularly called Tagor) and Alhaji Issah Abass are being tried for their involvement in the missing parcels of cocaine from the MV Benjamin vessel at the Tema Port in April last year.
Tagor and Abass were among 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity seized from a house at East Legon in Accra.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 narcotic drugs.
They have pleaded not guilty and are in prison custody.
Detective Inspector Charles Adaba, seventh prosecution witness, resuming his evidence told the court that he secretly recorded the voices of the accused persons and the others to enable him to authenticate their voices on the original tape recorded at Mr Boakye’s house by an unknown person.
He said that when he took over the case, as the investigator, he listened to the tape and realised that there were statements made by the accused persons that needed further investigation.
“From the statements made, I wanted voice expert to help identify who said what, so I discussed it with the Attorney-General who assisted us to seek the services of an expert from outside the country.”
Inspector Adaba further told the court that when he forwarded the tape to the experts, J.P. French Associates, a forensic speech and acoustic laboratory in the United Kingdom, they requested for fresh voice recordings of all the participants whose voices were on the tape for comparison.
“In order that the participants, including the accused persons, did not disguise their voices, I recorded them without their knowledge and forwarded them to the experts.
“I secretly recorded the voices of Tagor, Abass, Alhaji Moro, Kwabena Acheampong and ACP Kofi Boakye,” witness said.
At this point, Ms Gertrude Aikins, Acting Director of Public Prosecutions, applied to the court for an adjournment to enable the prosecution to tender the new recordings in evidence.
The trial judge, Justice Jones Dotse of the Court of Appeal, obliged and adjourned to today but said, “I will now take absolute control over the pace of the trial since it is the court that takes the bashing for delays.”
Wednesday, March 21, 2007
Kofi Boakye Tape To Be Played In Court
By William Yaw Owusu
Wednesday, 21 March 2007
An Accra Fast Track High Court will today hear a full playback of the controversial tape recording of the conversation between Assistant Commissioner of Police, Kofi Boakye, former Director of Police Operation, and some suspected drug dealers.
The court was due to listen to the secret tape yesterday but had to postpone it because the compact disc player could not function.
The replay follows the admission into evidence of the recording by the court trying Kwabena Amaning popularly called Tagor and Alhaji Issah Abass for their involvement in the missing parcels of cocaine from the MV Benjamin vessel at the Tema Port in April, last year.
Tagor and Abass are among the 14 people recommended for prosecution by the Justice Georgina Wood Committee, set up by the Ministry of the Interior to investigate the missing 76 parcels of cocaine and another quantity seized at a house at East Legon in Accra.
Tagor is facing four counts of conspiracy, engaging in prohibited business related 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 narcotic drugs.
At the last adjourned hearing, Ellis Owusu-Fordjuor and Mohammed Attah, counsel for Tagor and Abass respectively had objected to the tendering of the tape arguing that the prosecution witness, Chief Inspector Charles Adaba, who was the investigator, had failed to lay sufficient foundation for that.
They said what the prosecution sought to do had no relevance to the case.
But Ms Getrude Aikins, acting Director of Public Prosecution, said the tape recording was under proper custody and the prosecution had led evidence to lay enough foundation for it to be tendered.
Discussing the objection, the presiding Appeal Court Judge, Justice Jones Dotse, said it was in evidence that there was a meeting and the subject matter was the missing cocaine.
"These pieces of evidence show that the prosecution has been able to lay foundation as to the relevance of the tape recording."
The court said that even though the source of the recordings was still unknown, once the relevance and authenticity had been established, the court had the right to admit it in evidence.
The court also said that there was no evidence to show that the accused person held the meeting with Mr. Boakye under duress, adding that "a prosecution witness had testified that at the meeting they strayed into jokes and fun."
Tuesday, March 20, 2007
Court Orders Areeba To File Defence
By William Yaw Owusu
Tuesday, 20 March 2007
THE Commercial Court in Accra, has dismissed a motion filed by Scancom Limited, operators of Areeba mobile phone service, to strike out some of the pleadings of David Andrew Hesse, the lawyer suing the company and another for breach of a shareholders’ agreement.
The court, presided over by Mrs Justice Cecilia H. Sowah, awarded ¢2 million cost against Scancom, and again ordered Areeba to file its statement of defence by March 28, for the case to take its normal course.
Mr Hesse filed the substantive suit against Investcom Consortium Holdings and Areeba on November 29, last year, and sought, 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.
Mr Hesse who is handling his own case also wants an order to restore his six per cent shares in Areeba, a perpertual 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.
He again filed a motion for an interlocutory injunction to restrain Areeba from convening an extraordinary meeting to remove him as a director of Areeba, pending the determination of the suit but this was dismissed by the court on February 19.
Areeba in their affidavit in support of the motion filed on March 13 to strike out some of Mr Hesse’s pleadings in the substantive suit, had argued that the claims by the plaintiff on behalf of Scan Construction Limited which is a limited liability company was a non-party to the present proceedings since that company is a legal entity.
Dismissing the motion last Friday, the court held that "such a submission ought to be made on the pleadings. The court’s business at this stage is not to assess the weakness of plaintiff’s case".
The court further said the powers under the rule will only be exercised where the case was beyond doubt but not where it necessary a legitimate amendment will save the proceedings.
Monday, March 19, 2007
Education Experts Discuss Child Development
By William Yaw Owusu
Monday, 19 March 2007
AN education conference to maximize children’s potential towards future development has been held in Accra.
The workshop, the first of its kind, organised by Participatory Development Associates (PDA), which supports processes of empowerment in rural communities, was under the theme "Maximising your child’s potential"
They will also explore ways in which the ‘Theory of Multiple Intelligence’ developed in 1983 by Dr. Haward Gardner; a professor of Education at Harvard University, in the United States, could be applied in Ghana to make children more intelligent.
The theory suggests that the traditional notion of intelligence, based on Intelligence Quotient (IQ), is far too limited and Dr. Gardner has proposed eight different intelligences criteria to account for a broader range of human potential in children and adults.
Throwing more light on the theory, Jay Davidson, author of a book called "99 Ways to Guide your Child to Succeed in Sschool," who is in the country to assist some teacher training institutions to acquire new skills in teaching said "It is good for parents and teachers to encourage positive behaviour in children and to some extent punish undesirable behaviour.
"Change is difficult but the attitude with which people take change is key," adding that "if Ghana was the lone star of championing freedom in Sub-Saharan Africa then she should be the lone star in education and other initiatives that are related to education."
Dr. Gardner advised parents and guardians to complement teachers’ effort by teaching their children at home saying "embrace the new idea that education is important for the child."
He said the theory when well adopted could help build a strong education system. He also urged authorities in the education sector to minimise the student teacher ration.
Mr. Tony Dogbe, Co-director of PDA speaking on the topic "Towards Ghana at 75- a shift towards child centred development", acknowledged the efforts currently being made by guardians and parents to seek quality education for their children.
"Many parents and guardians really want the best for their children. Many are sacrificing for their children."
He said in this situation it was up to stakeholders in the education sector to design appropriate policies that will ensure that children receive quality education to make them responsible adults.
"We have to move away from the days when parents thought that the education of children was the responsibility of teachers and the education sector and also move away from narrow education to broad education."
Mr. Dogbe further said the adult centred development agenda must give way to a child centred development where the needs of the child will be a priority.
Mrs. Marian Tackie, a Director at the Ministry of Women and Children’s Affairs said since education is the bedrock of any nation, the ministry will collaborate with all stakeholders to ensure that children receive quality education
Monday, 19 March 2007
AN education conference to maximize children’s potential towards future development has been held in Accra.
The workshop, the first of its kind, organised by Participatory Development Associates (PDA), which supports processes of empowerment in rural communities, was under the theme "Maximising your child’s potential"
They will also explore ways in which the ‘Theory of Multiple Intelligence’ developed in 1983 by Dr. Haward Gardner; a professor of Education at Harvard University, in the United States, could be applied in Ghana to make children more intelligent.
The theory suggests that the traditional notion of intelligence, based on Intelligence Quotient (IQ), is far too limited and Dr. Gardner has proposed eight different intelligences criteria to account for a broader range of human potential in children and adults.
Throwing more light on the theory, Jay Davidson, author of a book called "99 Ways to Guide your Child to Succeed in Sschool," who is in the country to assist some teacher training institutions to acquire new skills in teaching said "It is good for parents and teachers to encourage positive behaviour in children and to some extent punish undesirable behaviour.
"Change is difficult but the attitude with which people take change is key," adding that "if Ghana was the lone star of championing freedom in Sub-Saharan Africa then she should be the lone star in education and other initiatives that are related to education."
Dr. Gardner advised parents and guardians to complement teachers’ effort by teaching their children at home saying "embrace the new idea that education is important for the child."
He said the theory when well adopted could help build a strong education system. He also urged authorities in the education sector to minimise the student teacher ration.
Mr. Tony Dogbe, Co-director of PDA speaking on the topic "Towards Ghana at 75- a shift towards child centred development", acknowledged the efforts currently being made by guardians and parents to seek quality education for their children.
"Many parents and guardians really want the best for their children. Many are sacrificing for their children."
He said in this situation it was up to stakeholders in the education sector to design appropriate policies that will ensure that children receive quality education to make them responsible adults.
"We have to move away from the days when parents thought that the education of children was the responsibility of teachers and the education sector and also move away from narrow education to broad education."
Mr. Dogbe further said the adult centred development agenda must give way to a child centred development where the needs of the child will be a priority.
Mrs. Marian Tackie, a Director at the Ministry of Women and Children’s Affairs said since education is the bedrock of any nation, the ministry will collaborate with all stakeholders to ensure that children receive quality education
Court Hears Abodakpi's Appeal
By William Yaw Owusu
Friday, 16 March 2007
An Accra Fast Track High Court yesterday heard the application for bail pending appeal filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister, against his 10 year conviction on February 5 by the court.
The application, filed on February 12 and a supplementary filed on application on March 2, was moved by Mr. Charles Hayibor, counsel for Abodakpi who is also an MP, before a packed audience which include Prof. J.E.A. Mills, flagbearer for the National Democratic Congress (NDC).
Following the completion of counsel’s submission, the court adjourned until March 29 for the prosecution, led by Ms. Getrude Aikins, acting Director of Public Prosecution (DPP) to respond to the application for bail after which the court will fix a date for ruling.
Moving the notion, Mr. Hayibor said the application had been brought under section 33 of the Court’s Act and Section 96 of the Criminal Procedure Code Act 30, which permitted them to do so.
He said Abodakpi was dissatisfied with his conviction and had filed an appeal at the Court of Appeal adding, "There are exceptional or unusual grounds which justify our appeal application which has a greater chance of success."
He argued that there were errors in certain aspects of the judgement saying "there had been material conflicts in the evidence of the prosecution witnesses which were not captured in the judgement."
Counsel said the court failed to consider that the burden of proof should have come from the prosecution, and cited the evidence by the fourth and ninth prosecution witnesses which he described as "conflicting."
"The court should have considered the whole of the evidence before the conviction. We have given various scenarios in our affidavit to buttress this point."
Counsel told the court that Abodakpi in his evidence said he did not authorise the payment of a feasibility study and the letter to that effect was never produced by the prosecution.
"Selomey acted on his own by making the misrepresentation for a feasibility studies. As far as we are concerned, my client’s letter was a study proposal which is not paid for.
"In assessing what has gone on in the trial, it is clear that the court did not mention bits and pieces of the evidence of the prosecution which exonerated my client when some of the witnesses had said they were aware of the project."
On the issue of the plea for mitigation before the sentence was passed, Mr. Hayibor said: "We should have been offered the opportunity to make this plea since it was an acceptable practice."
He also said once the money paid into the account of Dr. Boadu had been frozen, the court should have given the defence the benefit of doubt.
"We will canvass the issue of mitigation at the Court of Appeal and who knows our sentence could be quashed or reduced."
As soon as counsel mentioned the issue of the money being frozen, Justice S.T. Farkye, of the Court of Appeal, who had remained quiet all along burst out, "Go and read my judgement, whether I touched on this issue."
"Do not let people disturb me! These are the things you say and they go on radio claiming the money is in the bank but the judge has convicted him.
"In any case, did you cross-examine the witness who gave testimony concerning the money?" the judge asked the counsel.
Counsel then wound up by submitting that Abodakpi was ready to fulfill all bail conditions should the court exercise its discretion in the grant of bail pending the appeal.
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 illegally authorised the payment of 400,000 dollars to Dr. Fredrick Owusu Boadu, a Ghanaian Consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.
The eight million dollar TIP Fund was set up by the NDC administration government from the United States Agency for International Development (USAID) to promote the non-traditional export sector and the funds were lodged with Ecobank.
Abodakpi was originally charged with Victor Selomey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Friday, 16 March 2007
An Accra Fast Track High Court yesterday heard the application for bail pending appeal filed by Daniel Kwasi Abodakpi, former Trade and Industry Minister, against his 10 year conviction on February 5 by the court.
The application, filed on February 12 and a supplementary filed on application on March 2, was moved by Mr. Charles Hayibor, counsel for Abodakpi who is also an MP, before a packed audience which include Prof. J.E.A. Mills, flagbearer for the National Democratic Congress (NDC).
Following the completion of counsel’s submission, the court adjourned until March 29 for the prosecution, led by Ms. Getrude Aikins, acting Director of Public Prosecution (DPP) to respond to the application for bail after which the court will fix a date for ruling.
Moving the notion, Mr. Hayibor said the application had been brought under section 33 of the Court’s Act and Section 96 of the Criminal Procedure Code Act 30, which permitted them to do so.
He said Abodakpi was dissatisfied with his conviction and had filed an appeal at the Court of Appeal adding, "There are exceptional or unusual grounds which justify our appeal application which has a greater chance of success."
He argued that there were errors in certain aspects of the judgement saying "there had been material conflicts in the evidence of the prosecution witnesses which were not captured in the judgement."
Counsel said the court failed to consider that the burden of proof should have come from the prosecution, and cited the evidence by the fourth and ninth prosecution witnesses which he described as "conflicting."
"The court should have considered the whole of the evidence before the conviction. We have given various scenarios in our affidavit to buttress this point."
Counsel told the court that Abodakpi in his evidence said he did not authorise the payment of a feasibility study and the letter to that effect was never produced by the prosecution.
"Selomey acted on his own by making the misrepresentation for a feasibility studies. As far as we are concerned, my client’s letter was a study proposal which is not paid for.
"In assessing what has gone on in the trial, it is clear that the court did not mention bits and pieces of the evidence of the prosecution which exonerated my client when some of the witnesses had said they were aware of the project."
On the issue of the plea for mitigation before the sentence was passed, Mr. Hayibor said: "We should have been offered the opportunity to make this plea since it was an acceptable practice."
He also said once the money paid into the account of Dr. Boadu had been frozen, the court should have given the defence the benefit of doubt.
"We will canvass the issue of mitigation at the Court of Appeal and who knows our sentence could be quashed or reduced."
As soon as counsel mentioned the issue of the money being frozen, Justice S.T. Farkye, of the Court of Appeal, who had remained quiet all along burst out, "Go and read my judgement, whether I touched on this issue."
"Do not let people disturb me! These are the things you say and they go on radio claiming the money is in the bank but the judge has convicted him.
"In any case, did you cross-examine the witness who gave testimony concerning the money?" the judge asked the counsel.
Counsel then wound up by submitting that Abodakpi was ready to fulfill all bail conditions should the court exercise its discretion in the grant of bail pending the appeal.
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 illegally authorised the payment of 400,000 dollars to Dr. Fredrick Owusu Boadu, a Ghanaian Consultant in Texas, United States, from the Trade and Investment Project (TIP) fund.
The eight million dollar TIP Fund was set up by the NDC administration government from the United States Agency for International Development (USAID) to promote the non-traditional export sector and the funds were lodged with Ecobank.
Abodakpi was originally charged with Victor Selomey, a former Deputy Minister of Finance and Economic Planning, who died in the course of the trial.
Wednesday, March 14, 2007
Court Rejects CHRAJ Ruling Against Anane
By William Yaw Owusu
Wednesday, 14 March 2007
AN Accra Fast Track High Court has ruled that the Commission on Human Rights and Administrative Justice (CHRAJ), was wrong in recommending that Dr. Richard Winfred Anane, former Transportation Minister, be relieved of his post.
It has therefore quashed CHRAJ’s recommendation that Dr. Anane be relieved of his position as a Minister of State "for bringing his power and office into disrepute" after it cited him for perjury, conflict of interest as well as abuse of power and office.
On September 15, last year, CHRAJ made the recommendations and further asked Dr. Anane to apologise to the Appointments Committee of Parliament that approved his appointment as a Minister, for lying under oath.
The decisions were reached by the Commission after an 18-month investigation into allegations of corruption, conflict of interest and abuse of power levelled against the former Minister in his dealings with Ms. Alexandria O’Brien, an American with whom Dr. Anane has a child.
Following the recommendations, Dr. Anane filed an application for judicial review on September 22, last year, challenging certain aspects of the decision.
He sought a declaration that the investigation by CHRAJ was "riddled with an irregularity" and a further declaration that there should have been a formal complaint lodged by an identifiable complainant before going ahead to investigate him.
Dr. Anane also prayed the court that another declaration that cited him for perjury was an error and an order of certiorari to quash the commission’s decision.
In his ruling yesterday, which took exactly an hour to read, Justice Paul Baffoe Bonnie of the Court of Appeal said the commission went beyond its mandate in the investigation of Dr. Anane, saying, "Without sounding disrespectful, CHRAJ is an inferior body which has no inherent investigative powers to go about things the way it did in this case."
He said CHRAJ acted in breach of the provisions of the Constitution, the Act of Parliament, as well as Constitutional Instrument 7, and added that "they failed to adhere to laid down procedures before going ahead to investigate the matter."
The court said for instance that, there should have been a complaint lodged by an identifiable complainant before the CHRAJ proceeded to investigate the issue of conflict of interest, abuse of power and office as well as perjury.
He said "It is the court’s view that the applicant is entitled to a declaration that it is mandatory for the commission to receive a formal complaint before investigating him and it has no inherent power to investigate unless there is a formal complaint."
"CHRAJ cannot act like an octopus stretching its tentacles to investigate issues when there is no formal complaint."
On the issue of perjury, the court said CHRAJ should have acted as "observers" but "went beyond just observation by recommending to the Attorney-General to investigate him".
"The applicant was not made aware that he was being investigated for perjury, an issue which was not even part of the work they set out to do yet ended up making far reaching recommendations."
"The findings is afflicted by illegality and procedural impropriety and is thus quashed"
On the charge of conflict of interest and abuse of power, the court held that CHRAJ assumed its jurisdiction wrongly in making the recommendations adding, "There is no dispute about their role but that power can only be activated by a complaint made by an identifiable complainant."
The court said CHRAJ misappreciated Dr. Anane’s concerns saying, "The applicant is not challenging CHRAJ as a body to investigate him but is only concerned about when and how the investigations should have been done."
The court dismissed CHRAJ’s argument that the commission could carry out investigations or initiate its own investigations when there has not been any formal complaint saying, "Even if the law should be ammended to give them such powers that will be a recipe for chaos."
While J.K. Agyemang, counsel for Dr. Anane, prayed the court to award substantial cost against CHRAJ, Dr. Philip Ebow Bondzie-Simpson, counsel for the commission argued that in the circumstances the applicant was not entitled to cost.
Subsequently, the court did not award any cost against CHRAJ.
Later, in an interview, with the Times, Ms Anna Bossman, the acting Commissioner of CHRAJ, who was among the large audience that thronged the court, said that "the issues that the court has raised are subject to appeal as there are major mistakes in the ruling.
"We do not agree with the court’s decision and will immediately apply for the ruling to know our next line of action."
However, she said, "for a citizen to challenge the decisions of a commission such as CHRAJ in a law court is evidence that we are growing in the rule of law."
After the ruling, Dr. Anane quickly drove away, but his family members as well as other well-wishers were seen jubilating at the court’s premises.
Tuesday, March 13, 2007
'M.V. Benjamin Applied To Use The High Seas'
By William Yaw Owusu
Tuesday, 13 March 2007
A prosecution witness in the case of six people charged for illegal importation of 77 parcels of cocaine yesterday told the Fast Track High Court that the agent of the M.V. Benjamin vessel, which carried the drug applied to sail to the high seas for trial and not to the Tema Port.
The witness, Captain James Owusu Koranteng, who is the Takoradi Harbour Master where the M.V. Benjamin set sail denied under cross examination that the vessel did not go to the high seas.
He said, "A ship will not plot a course of 12 nautical miles if it is not going to the high seas and more so they applied to go."
Captain Koranteng was testifying when the trial of the six, including the vessel owner, a Korean and two Chinese, resumed in Accra.
The vessel owner, Joseph Kojo Dawson, 34, Pak Pok Sil, the Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, mechanic and Cui Xian Li, 44, vessel engineer and Luo Yui Xing, 40, both Chinese, have been charged for the various roles they played in the importation of the cocaine to the Tema port.
They have all pleaded not guilty and are in prison custody.
Capt. Owusu, the sixth prosecution witness, said he did not know if the vessel was chartered, after defence counsel D. K. Ameley had suggested to him that Dashment Company Limited hired M.V. Benjamin to Atiko Fisheries Company Limited, represented by one Evans Charwetey on January 15, 2006.
"I do not know about any charter agreement. All I know is that the M.V. Benjamin left the Takoradi Port on March 9, 2005 to the high seas."
He said that he did not know whether it was the Captain of the vessel or the representative of the Dashment Company which signed the vessel’s movement card at the port.
Earlier, led in evidence by Mrs. Yvonne A. Obuobisah, a Senior State Attorney, Capt. Owusu told the court that he did not know any of the accused persons and it was Dashment Company which acted as its own agent.
He said the vessel berthed at the Takoradi Port on November 9, 2005 for repairs and was provided the usual services.
The witness told the court presided over by Appeal Court Judge, Annin Yeboah, that during the vessel’s stay at the port, the authorities dealt with them through their agent instead of the owner because "the ownership of a vessel could change but the new owner could decide to stick with the old agent.
He tendered in evidence various documents including the vessel’s movement card, receipts for booking, prefunding input card as well as receipts for water and electricity supplies.
He said that although he did not personally visit the vessel, his men got into contact with them when the vessel requested for 20 tonnes of water during their stay.
Answering further questions by another defence counsel James Agalga, witness said the pilot of the port interacts with the vessel’s captain to ascertain where the vessel is to sail before the captain informs the other crew members.
"I cannot tell if the Captain really briefed his crew about the destination", he said.
Tuesday, 13 March 2007
A prosecution witness in the case of six people charged for illegal importation of 77 parcels of cocaine yesterday told the Fast Track High Court that the agent of the M.V. Benjamin vessel, which carried the drug applied to sail to the high seas for trial and not to the Tema Port.
The witness, Captain James Owusu Koranteng, who is the Takoradi Harbour Master where the M.V. Benjamin set sail denied under cross examination that the vessel did not go to the high seas.
He said, "A ship will not plot a course of 12 nautical miles if it is not going to the high seas and more so they applied to go."
Captain Koranteng was testifying when the trial of the six, including the vessel owner, a Korean and two Chinese, resumed in Accra.
The vessel owner, Joseph Kojo Dawson, 34, Pak Pok Sil, the Korean engineer, Isaac Arhin, 49, Phillip Bruce Arhin, 49, mechanic and Cui Xian Li, 44, vessel engineer and Luo Yui Xing, 40, both Chinese, have been charged for the various roles they played in the importation of the cocaine to the Tema port.
They have all pleaded not guilty and are in prison custody.
Capt. Owusu, the sixth prosecution witness, said he did not know if the vessel was chartered, after defence counsel D. K. Ameley had suggested to him that Dashment Company Limited hired M.V. Benjamin to Atiko Fisheries Company Limited, represented by one Evans Charwetey on January 15, 2006.
"I do not know about any charter agreement. All I know is that the M.V. Benjamin left the Takoradi Port on March 9, 2005 to the high seas."
He said that he did not know whether it was the Captain of the vessel or the representative of the Dashment Company which signed the vessel’s movement card at the port.
Earlier, led in evidence by Mrs. Yvonne A. Obuobisah, a Senior State Attorney, Capt. Owusu told the court that he did not know any of the accused persons and it was Dashment Company which acted as its own agent.
He said the vessel berthed at the Takoradi Port on November 9, 2005 for repairs and was provided the usual services.
The witness told the court presided over by Appeal Court Judge, Annin Yeboah, that during the vessel’s stay at the port, the authorities dealt with them through their agent instead of the owner because "the ownership of a vessel could change but the new owner could decide to stick with the old agent.
He tendered in evidence various documents including the vessel’s movement card, receipts for booking, prefunding input card as well as receipts for water and electricity supplies.
He said that although he did not personally visit the vessel, his men got into contact with them when the vessel requested for 20 tonnes of water during their stay.
Answering further questions by another defence counsel James Agalga, witness said the pilot of the port interacts with the vessel’s captain to ascertain where the vessel is to sail before the captain informs the other crew members.
"I cannot tell if the Captain really briefed his crew about the destination", he said.
Wednesday, March 07, 2007
Donewell Launches Public Health Lectures
By William Yaw Owusu
Wednesday, 07 March 2007
Donewell Insurance Company Limited has launched a Public Health Lecture Series in Accra.
The event which was co-sponsored by Kenya Airways and Golden Tulip will be held every three months.
The campaign dubbed "Healthy Living for a Longer Life" is an attempt by Donewell Insurance to complement government’s effort to ensure quality health for the people.
Speaking on the topic "Health Nutrition", Professor Agyemang Badu Akosah, outgoing Director-General of the Ghana Health Service, said "nutrition is more important in the health sector than any other drug."
He said it was important for pregnant women to follow strict nutritional programmes.
"Every pregnant woman should be medicinal sound. A lot of non-communicable diseases are on our hands now, all because of maternal health," he said.
"Maternal health is the most important thing. Certain cultural practices which impede these programmes should be discarded straight away."
He said currently, one out of every three adults is hypertensive while one out of every twelve adults is diabetic as a result of "the unhealthy lifestyles, we live including the food we eat."
"You have to moderate yourself in the food you eat because you eat to live and not the vice-versa.
"Every food in Ghana is good. The only problem is the proportion that is taken by the individual. You do not have to fill your tummy for the sake of eating."
He advised against excessive use of alcohol and called for total boycott of smoking saying, "I am not a foe of anybody. Smoking simply destroys the body."
He also urged the public to do regular exercise since "lack of exercise of the body is ill health, while exercise is key to quality health."
Mr Victor Larbi, Managing Director of Donewell Insurance said, "the public campaign would be sustained for every body to see the essence of living a healthy lifestyle".
Mr J.S. Addo, a former Governor of Bank of Ghana who chaired the function urged the education sector to do more to create awareness on public health.
Wednesday, 07 March 2007
Donewell Insurance Company Limited has launched a Public Health Lecture Series in Accra.
The event which was co-sponsored by Kenya Airways and Golden Tulip will be held every three months.
The campaign dubbed "Healthy Living for a Longer Life" is an attempt by Donewell Insurance to complement government’s effort to ensure quality health for the people.
Speaking on the topic "Health Nutrition", Professor Agyemang Badu Akosah, outgoing Director-General of the Ghana Health Service, said "nutrition is more important in the health sector than any other drug."
He said it was important for pregnant women to follow strict nutritional programmes.
"Every pregnant woman should be medicinal sound. A lot of non-communicable diseases are on our hands now, all because of maternal health," he said.
"Maternal health is the most important thing. Certain cultural practices which impede these programmes should be discarded straight away."
He said currently, one out of every three adults is hypertensive while one out of every twelve adults is diabetic as a result of "the unhealthy lifestyles, we live including the food we eat."
"You have to moderate yourself in the food you eat because you eat to live and not the vice-versa.
"Every food in Ghana is good. The only problem is the proportion that is taken by the individual. You do not have to fill your tummy for the sake of eating."
He advised against excessive use of alcohol and called for total boycott of smoking saying, "I am not a foe of anybody. Smoking simply destroys the body."
He also urged the public to do regular exercise since "lack of exercise of the body is ill health, while exercise is key to quality health."
Mr Victor Larbi, Managing Director of Donewell Insurance said, "the public campaign would be sustained for every body to see the essence of living a healthy lifestyle".
Mr J.S. Addo, a former Governor of Bank of Ghana who chaired the function urged the education sector to do more to create awareness on public health.
Sunday, March 04, 2007
Court Rejects CJA's Appeal
By William Yaw Owusu
Saturday, 03 March 2007
AN Accra Fast Track High Court has re-affirmed its decision not to allow the Committee for Joint Action (CJA) to go on a procession between March 5 to March 15.
This follows the dismissal of an ex-parte application filed by the CJA yesterday to set aside the court’s decision on Thursday, restraining it from going on a procession on Independence Day, March 6.
The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, had on Thursday, ruled that "the CJA or any organisation, by themselves, their agents and/or servants are hereby restrained from going on any procession peaceful or otherwise on the 6th of March or any other day within 10 days of the 5th of March, i.e. from 5th of March to celebrate the 50th anniversary of Ghana’s Independence."
The court’s order was in response to an ex-parte application filed by the Inspector-General of Police (IGP), seeking to restrain the CJA from organising a procession on Independence Day.
Assistant Commissioner of Police, K. K. Amoah, who argued on behalf of the Police Administration, said that allowing the CJA to go on the procession on March 6, would cause an inconvenience to the police and an irreparable damage to the state.
He had argued that should the procession be allowed, it could create disorder and confusion since intelligence reports indicate that other groups have threatened to confront the CJA on Independence Day.
"The strength of the police and all the security agencies have been stretched to the maximum and will be on parade and also provide security for the Heads of State and other dignitaries attending the anniversary."
Moving the motion yesterday to set aside the court's decision, Mahama Ayariga, a Member of Parliament and counsel for the CJA, said "the committee has at all material times stated that the procession is not a public protest, but an alternative opportunity."
He said some of the orders made by the court were without basis in law, adding, "this order in effect says that between the 5th of March and 15th of March, either the CJA or any other organisation that seeks to organise an activity to commemorate the independence anniversary must obtain an express permission in writing from the police." This is clearly in consistent with the constitution.
Mr. Ayariga further said that the court's order was inconsistent with the Public Order Act 1994 (Act 491) and Article 21 (1) (d) of the Constitution which guarantees freedom to partake in processions.
He said, "In the absence of a substantive cause or matter between the IGP and the CJA subsisting in this court and initiated either by an originating motion on notice or by a regular writ, the IGP has no base from which to make an interlocutory application and this court erred in law in making the order.
"The order to restrain the CJA from organising a procession is irregular because it is not warranted by any enactment or rule of procedure and the irreparable damage cited by the police will be occasioned to the rights of the CJA if the restraining order is made to stand."
Dismissing the CJA's motion, the court held that "the interest of the nation should overrule individual rights or parochial interest."
The court further explained that the 10-day period given was long enough for the police to sort themselves out and offer better protection for the CJA after the period, adding "the alertness of the police and other security agencies is not restricted to March 6, alone, it is a long process."
After the ruling, Mr. Kwesi Pratt Jr., Mr. Ato Ahwoi, Ms. Ama Benyiwa Doe, Mr. Bernard Mornah, Ms. Emelia Arthur and other members of the CJA leadership who were in court, expressed their dissatisfaction.
Mr Ayariga, who is also a leading member, said they were going to get the decision reversed at a higher forum.
Friday, March 02, 2007
Court Stops C.J.A
By William Yaw Owusu
Friday, 02 March 2007
AN Accra Fast Track High Court yesterday restrained the Committee for Joint Action (CJA) from going on any procession between March 5 to March 15.
This means that the intended street procession planned by the CJA for March 6, to commemorate the 50th Anniversary of Ghana’s independence cannot be held anytime between March 5 and 15, both days inclusive.
The court’s order is in response to an ex-parte application by the Inspector General of Police seeking to restrain the CJA from organising the procession on Independence day.
The court, presided over by Justice Paul Baffoe-Bonnie of the Court of Appeal, ordered: "The Committee for Joint Action or any organisation, by themselves, their agents, and/or servants are hereby restrained from going on any procession peaceful or otherwise on the 6th of March or any other day, within 10 days of the 5th March, i.e. from 5th March to and including 15th of March to celebrate the 50th anniversary of Ghana’s independence."
Moving the application, K.K. Amoah, Assistant Commissioner of Police, who represented the Police Service, said the intended ‘People’s Jubilee Procession’ by the CJA on March 6, would cause an inconvenience to the police administration and an irreparable damage to the state.
"The CJA have refused the request by the police to postpone this event and are bent on going on the procession but the strength and capacity of the police have been stretched to the maximum limit due to the impending anniversary and we cannot provide adequate security for them."
Counsel said should the procession be allowed, it could create disorder and confusion since intelligence report indicated that other groups had threatened to confront
“The strength of the police and all the security agencies have been stretched to the maximum.
“They will be on parade and provide security for the Heads of State and other dignitaries attending the anniversary.”
Mr. Amoah said the application was filed under the sections of the Pubic Order Act, Act 419, and the court was vested with the power to use its discretion to grant the application.
He said further that the CJA could organise the procession on any other day apart from March 6, saying “The Golden Jubilee celebration is a year long activity which is not limited to March 6. The intended procession can take place any date after March 6.”
When questioned by the judge why the IGP did not “come on notice for the matter to be argued,” counsel replied: “The period between now and the Independence day is so short a time that coming by motion ex-parte is more preferable and convenient.”
The judge in giving the order said the court had taken judicial notice of the fact that March 6 was of “paramount significance” to the country and that host of foreign dignitaries including Heads of State will grace the occasion.
“The court has no doubt about the heavy burden placed on the Police Service on that day. The police certainly would not want any security mix up,” he said.
The judge, however, expressed his displeasure at the way and manner in which the application was brought saying the Police Administration had all the time to file the application on notice for the CJA to appear before the court to argue the matter.
“In times necessary, the interest of the nation should override individual rights or parochial interest,” the judge said.
“It is further ordered that for the avoidance of doubt, it shall not be lawful for any person(s) acting under the banner of the CJA or any other organisation to organise and undertake any activities or procession in celebration of the anniversary from March 5 to March 15 without the express permission in writing by the police.”
Later in an interview, Douglas Akrofi Asiedu, the Greater Accra Regional Police Commander, who represented the IGP in court, said apart from the CJA, three other organisations including the Conventions People’s Party (CPP) have applied to hold procession but were turned down due to similar constraints.
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