Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 23, 2010.
The case of three person standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the Kufuor administration has once again been adjourned without any hearing at the instance of the prosecution.
Narteley Nettey Yirenkyiwaa, 24, the ex-Minister’s girlfriend together with Charles Antwi and Nana Yaw Ampaw who are charged with attempting to rob the Ex-MP would spend both Christmas and New Year in jail because the court has refused them bail.
On December 15, 2010 when the prosecution was expected to bring the third prosecution witness (PW3) to testify in the case, an officer from the Attorney-Generals’ Department who was in the courtroom told the court that his colleague, Bismark Bakoma who is prosecuting the case was indisposed, compelling the court to adjourn proceedings.
When the case was called yesterday, the prosecution led by Mr. Bakoma who was expected to call another witness to testify shocked the court when said “My lord, I wish to inform the court that I have instructions from above to discontinue this case and allow my senior to handle it permanently.”
This did not go down well with C.K. Mintah, one of the defense counsel who immediately announced to the court he was officially applying for bail for the accused persons.
He said “I would like to take this opportunity to apply to the court to admit the accused persons to bail.”
He argued that pieces of evidence adduced before the court so far do not point to the offence of robbery as indicated in Sections 23 and 49 of the Criminal and other Offences Act.
He asked the court to take into consideration the fact that the accused persons have been in police custody for more than 100 days.
The trial judge, Justice Mustapha Habib Logoh said it was premature for counsel to apply for bail for the accused persons, considering the fact that they are being tried on charges including robbery.
“I am also not happy that they are in custody but my hands are tied under the law. It would not be fair for me to grant bail in the middle of the prosecution’s case when they have not even closed their case.”
He then urged the prosecution to expedite action on the matter and adjourned proceedings until January 14, 2011.
According to the Police, Yirenkyiwaa together with Antwi and Ampaw, conspired to rob the JB Danquah Adu, Ex-MP for Abuakwa North at the East Legon apartment of his girlfriend on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking photographs, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000. 00
Thursday, December 23, 2010
Wednesday, December 22, 2010
Amina ‘Brother’ Still In Jail
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Wednesday December 22, 2010
Michael Frimpong aka ‘Amina Brother’, the young man who claimed to be on the Yutong Bus where the alleged mass rape of passengers occurred is still languishing in jail at the Teshie Police Station in Accra without trial.
He was picked up on November 17, 2010 after granting an interview to Great FM, an Achimota based private radio station in Accra where he gave certain descriptions about what he claimed happened on October 11, 2010, in what is now known as the ‘Amina Bus Rape’ case.
Since his arrest, Frimpong who has no legal representation, is said to have been taken to court once on November 23, 2010 by the police where he was remanded into police custody but claims he has since not been taken to court again.
Daily Guide’s checks at the Teshie Police Station on Monday indicate Frimpong was in the cell of that facility.
He looked cheerful and told Daily Guide that he was expected at the Cocoa Affairs Courts today, December 22, 2010.
He said when the court remanded him, the BNI kept him in their facility for sometime before releasing him to the police who also brought him to the Teshie Police Station.
Just as dusts were settling on the Amina mass bus rape matter which resonated throughout the country, teasing many minds as to its veracity given also the politicization of the subject, Frimpong, a resident of Kumasi granted an interview with Great FM claiming he was on board the bus with registration GN 623-10 where the alleged incident took place.
Recounting the incident, Frimpong had told the radio station that they left Accra at about 10:30 pm and when they got to Kubease near Ejisu, he heard the driver shout ‘Jesus’ and applied the brakes.
He claimed the armed robbers fired warning shots some of which hit the bonnet and as well as the side mirror of the bus and glasses splashed on the driver.
“The driver tried to move but they had blocked the road with logs and therefore he had to park.”
He said he saw four of the robbers two of whom were women and the women first entered the bus and ordered the passengers to surrender all their personal effects including mobile phones and money.
“They searched everywhere and after taking what they wanted, they ordered the women to step out of the bus first”.
Frimpong claimed that when the female passengers were asked to step out of the bus, they were all ordered to remove their clothing including the panties and braziers before the robbers lined them up beside the bus.
“The male passengers were also ordered out and I was ordered to lie on top of a woman who is more than 40 years and have sex with her,” he told the radio station.
He claimed two females on the bus were spared in the sex ordeal because one was very old and another said she was in her menstruation cycle and added that two white women who were on the bus were also forced to have sex with the men.
Frimpong further claimed that when he pretended to be having sexual intercourse with his ‘partner’ one of the robbers hit his waist with the butt of a gun and it put him into forced ejaculation and went ahead to have sex with the woman.
He corroborated Amina’s claim that a man who was sending his daughter to school was forced to sleep with the 14-year old girl.
He said after the incident the driver sent them to Ejisu Police Station where they were all asked to stand in front of the office whilst the driver went inside with a police officer and after returning the police asked the driver to proceed to his destination and come back to report to them.
When asked by the host of the programme why it had taken him so long to help the police unravel the mystery surrounding the matter, Frimpong said he was afraid the police would arrest him and treat him in the same way they have done to Amina.
He said nobody had given him money or influenced him to come to say what he is saying now.
By William Yaw Owusu
Wednesday December 22, 2010
Michael Frimpong aka ‘Amina Brother’, the young man who claimed to be on the Yutong Bus where the alleged mass rape of passengers occurred is still languishing in jail at the Teshie Police Station in Accra without trial.
He was picked up on November 17, 2010 after granting an interview to Great FM, an Achimota based private radio station in Accra where he gave certain descriptions about what he claimed happened on October 11, 2010, in what is now known as the ‘Amina Bus Rape’ case.
Since his arrest, Frimpong who has no legal representation, is said to have been taken to court once on November 23, 2010 by the police where he was remanded into police custody but claims he has since not been taken to court again.
Daily Guide’s checks at the Teshie Police Station on Monday indicate Frimpong was in the cell of that facility.
He looked cheerful and told Daily Guide that he was expected at the Cocoa Affairs Courts today, December 22, 2010.
He said when the court remanded him, the BNI kept him in their facility for sometime before releasing him to the police who also brought him to the Teshie Police Station.
Just as dusts were settling on the Amina mass bus rape matter which resonated throughout the country, teasing many minds as to its veracity given also the politicization of the subject, Frimpong, a resident of Kumasi granted an interview with Great FM claiming he was on board the bus with registration GN 623-10 where the alleged incident took place.
Recounting the incident, Frimpong had told the radio station that they left Accra at about 10:30 pm and when they got to Kubease near Ejisu, he heard the driver shout ‘Jesus’ and applied the brakes.
He claimed the armed robbers fired warning shots some of which hit the bonnet and as well as the side mirror of the bus and glasses splashed on the driver.
“The driver tried to move but they had blocked the road with logs and therefore he had to park.”
He said he saw four of the robbers two of whom were women and the women first entered the bus and ordered the passengers to surrender all their personal effects including mobile phones and money.
“They searched everywhere and after taking what they wanted, they ordered the women to step out of the bus first”.
Frimpong claimed that when the female passengers were asked to step out of the bus, they were all ordered to remove their clothing including the panties and braziers before the robbers lined them up beside the bus.
“The male passengers were also ordered out and I was ordered to lie on top of a woman who is more than 40 years and have sex with her,” he told the radio station.
He claimed two females on the bus were spared in the sex ordeal because one was very old and another said she was in her menstruation cycle and added that two white women who were on the bus were also forced to have sex with the men.
Frimpong further claimed that when he pretended to be having sexual intercourse with his ‘partner’ one of the robbers hit his waist with the butt of a gun and it put him into forced ejaculation and went ahead to have sex with the woman.
He corroborated Amina’s claim that a man who was sending his daughter to school was forced to sleep with the 14-year old girl.
He said after the incident the driver sent them to Ejisu Police Station where they were all asked to stand in front of the office whilst the driver went inside with a police officer and after returning the police asked the driver to proceed to his destination and come back to report to them.
When asked by the host of the programme why it had taken him so long to help the police unravel the mystery surrounding the matter, Frimpong said he was afraid the police would arrest him and treat him in the same way they have done to Amina.
He said nobody had given him money or influenced him to come to say what he is saying now.
Kan Dapaah replies Ndego
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Wednesday December 22, 2010
A FORMER Minister of Interior and Defence under the Kufuor administration, Albert Kan Dapaah says he is considering legal action against Ben Ndego, former Deputy Director of Operations at the Narcotics Control Board (NACOB), who made comments to the effect that Mr. Dapaah may have known something about the narcotic drugs trade in the country.
“I have since referred Mr. Ndego’s comments to my lawyers for study and the need for advice. I however find it imperative that whilst awaiting my lawyer’s advice, I take the necessary steps to clear the air regarding the comments made about me by Mr. Ndego,” he said
Ben Ndego had chastised the ex-minister for not showing enough commitment in fighting the drug trade when he called into a live news analysis programme, ‘Newsfile’ on Joy FM in Accra on Saturday to comment on the Wikileaks reports about the narcotics drug situation in Ghana.
Mr. Dapaah who is currently the Member of Parliament (MP) for Afigya Sekyere in the Ashanti region in a statement said, “I wish to state for the record that I have not personally encountered Mr. Ndego and remain at a loss as to what his motivations are in his latest statements as they are clearly intended to drag my name into matters connected with narcotic drugs in an irredeemable way.”
He said contrary to Mr. Ndego’s assertions, he (Mr. Dapaah) had not recruited any person whether from his constituency or elsewhere for NACOB; he also added that he had never been in charge of recruitments at NACOB.
“There is nobody in the management or senior staff team from my constituency. There are about five recruits from my constituency. They all went through the NACOB recruitment process. The recruitment is not done by the ministry but by NACOB. Recruits are junior staff and would have no role, let alone control management of the organization as implied by Mr. Ndego.”
Mr. Dapaah said it could not be true that Ghana’s fight against the narcotics drug trade retrogressed under his tenure as Minister of Interior when Mr. Ndego and his boss Col. Akuaku were replaced at NACOB.
He said during his tenure, he only had oversight responsibility over NACOB but the operational strategies and day-to-day operations were not controlled by the ministry adding, “Indeed, as the minister, I never participated in the operational activities of NACOB.”
He explained that situational reports were sent directly to the National Security Secretariat and were not even copied to the Minister of Interior saying, “Mr. Ndego knows about these arrangements and should be the last person to make such statements. To accuse me of any person’s operational lapses is therefore untenable and callous.”
He said the circumstances under which Mr. Ndego and his boss were asked to proceed on leave were matters of public record and could not be trivialized in anyway conceivable adding, “I wish to state on record that I do not wine or dine with drug barons.”
He said he had never been sponsored by any drug baron for any political office contrary to what he called the “insinuations of Mr. Ndego” and challenged him to produce any proof.
Tuesday, December 21, 2010
NDC punched over Teshie General Hospital
: Fiifi Peters displaying the memo signed by the NPP for the construction of the hospital. With him are Mr. Clinton, Communications officer, Obed T. Mensah, Constituency Secretary, Alfred Boye,Chairman and Mr. Allotey, Founding Member
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Tuesday December 21, 2010
The Ledzokuku Constituency of the New Patriotic Party (NPP) says an attempt by the ruling National Democratic Congress (NDC) to take credit for the construction of a 100-bed general hospital at Teshie in Accra to be commissioned today; shows how desperate the NDC has become since assuming office.
“The NDC government cannot in anyway take full credit for the construction of the hospital because it was the NPP under President JA Kufuor that started everything. Completing the project by the NDC is laudable but the attempt to make things appear as if it is their project and they executed it alone must be condemned by all,” Fiifi Peters, Treasurer of the Ledzokuku NPP said.
At a news conference at Teshie in Accra to contest what it calls “NDC’s penchant to throw dust into the eyes of the constituents”, Mr. Peters challenged the NDC to provide documentary proof that the NPP did not have a hand in the construction of the facility saying “we are challenging the NDC to come and justify their stance on this particular matter or stop throwing dust into the eyes of the good people of Teshie.”
Recounting how the hospital got constructed, he said Dr Gladys Norley Ashittey, former Deputy Health Minister under President Kufuor who was also the MP for Ledzokuku played a pivotal role in getting the construction underway while the late Major Rtd Courage Quashigah, the then Health Minister was the one who signed the $7.28 million contract with a Chinese construction firm called China Geo-Engineering Company.
Mr. Peters said when President Kufuor was campaigning for re-election in 2004, he promised to put up a general hospital at Teshie Tsui Bleoo and started fulfilling the promise by signing the contract and commencing works when the NPP let office saying “can you imagine that the NDC has listed the facility as one of the projects in their so-called top 50 achievements.”
He also alleged that the government intends to name the facility after a constituent who is a sympathizer of the ruling party but did not mention constituent’s name and rather suggested “if that is to be done, then it will only be proper to name the edifice after Nii Adjei Kwanku II who is the head of the Kle Musu quarter of Teshie, one of the custodians of the land.”
Mr. Peters said President Kufuor’s policies on health and other social interventions were massive citing the health insurance scheme and free maternal healthcare for pregnant women as good policies that cannot be undermined.
Turning the heat on the incumbent NDC MP and Deputy Minister of Youth and Sports, Nii Nortey Dua, the NPP man said the MP during the 2008 general election allegedly promised to use 100 days solve the water problem that has bedeviled the area for many years saying “the water situation is still the same. Nothing has changed.”
Cephas Sowa, a former personal assistant to Mrs. Ashittey said the architectural work was completed by the NPP and the contractor moving to the site to start work before the 2008 general elections.
“If they claim credit for this hospital without acknowledging the NPP’s role then they should as well claim credit for the Bui Dam.”
Alfred Boye, the constituency Chairman said they would not allow the NDC to hide behind propaganda to mislead the constituents.
Monday, December 20, 2010
Ndego Bounces Back
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Monday December 20, 2010
Benjamin Ndego, a former Deputy Director of Narcotics Control Board (NACOB) at the weekend broke his long silence when he called into a live radio programme to explain his side in the narcotic drugs trade in the country.
Contrary to reports by the ruling National Democratic Congress (NDC) that its predecessor, the New Patriotic Party (NPP) government led by President John Agyekum Kufuor did not have any political will to fight the narcotic drugs trade, Mr. Ndego who returned late last year from overseas to continue his job at NACOB but under different responsibility said the Kufuor-led administration clearly demonstrated its commitment to fight the menace.
He, however said it was some individuals within the then government whose activities clearly undermined NACOB’s effort to bring the narcotics drug trade under control and virtually pointed fingers at Albert Kan Dapaah, then Minister of the Interior and Defence for bringing the activities of NACOB to its knees.
Mr. Ndego had called into Joy FM’s current affairs and news analysis programme, Newsfile hosted by Kwaku Sakyi-Addo, to challenge some of the panelists’ assertion that some NACOB officials were not effective in fighting the drug trade.
The panelist included Kweku Baako Jnr. Editor-in-Chief of New Crusading Guide; Samuel Okudzeto Ablakwa, a Deputy Minister of Information and Nana Akomea, MP for Okaikoi South and the discussion centered mainly on the whistle blower website, Wikileaks publication that “US Embassy contacts in the police service and the president's office ‘have said they know the identities of the major barons,’ but ‘the government of Ghana does not have the political will to go after [them]’”.
Mr. Ndego said “I am grateful this opportunity has finally arrived. I have all along kept quiet because I have been a top intelligence officer for a very long time and thought that I needed to protect the image of this country and also prevent leakage of very important information that may cause chaos in this country.”
He continued “if you read the Wikileaks very carefully…when it referred to political will, it based on the attitude of some officials and I will tell you as a law enforcement officer that from the beginning of 2000 the political will was there…very efficient officers were brought.”
He claimed that there was a conspiracy to present NACOB officials as criminals so that certain individuals he refused to mention could have the chance to operate their nefarious activities.
While accusing Mr. Dapaah for undermining the work of NACOB by removing officers and recruiting new personnel, Mr. Ndego showered praises on Papa Owusu Ankomah, MP for Sekondi and a former Minister of the Interior saying “nobody has spoken about the good effort Papa Owusu Ankomah did to help NACOB to operate effectively.”
“The political will was there and it will always be there in the government at the top level but unfortunately, you will have individuals in the system that has their personal motives.”
He said “I am not going to mention names. I have been called to offices where I have been told unpalatable words”, and when asked by the host whether he (Ndego) trusted those he is working with now, he answered: “well…that is another problem because if you are changing people they say you are witch hunting. I have not seen any significant change.”
Mr. Ndego also said the VVIP Lounge at Kotoka International Airport (KIA) has been a loophole for a very long time adding “I am no longer in charge of operations so I would not know if there is a scanner at the place now.”
He alleged that some drug barons walk in the corridors of power and sponsor people to become politicians and warned that the issue of narcotics drug should never be reduced to NDC and NPP matter.
Earlier, Mr. Ndego had accused Mr. Baako of making ‘selective logic’ when commenting on the reason why the enforcement officer left office saying “he goes about trumpeting himself as an intelligence animal”, a comment the Editor-in-Chief did not take lightly.
“I have kept quiet because I do not want to bring problem but if you continue this line…I believe a platform will come and everybody would know what happened”, Mr. Ndego warned.
But Mr. Baako fired back and insisted he had selected his facts from the report by Justice Georgina Wood Committee that investigated the missing 77 parcels of cocaine on board the MV Benjamin vessel and also from a rejoinder that former National Security Minister Francis Poku released to the media.
“That is an empty threat. I have things on Ndego which I can also put in public. I have with me here complaints against his conduct at the Kotoka International Airport much earlier by a CEPS official.”
Media Tasked to do more on corruption
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Monday December 20, 2010
The Ghana Anti-Corruption Coalition (GACC) has launched its second findings on the media’s coverage on corruption, transparency and accountability with a call on media houses and journalists to do more to bring the social menace under control.
The GACC’s media monitoring of corruption, transparency and accountability covered 10 media outlets in the country including Daily Guide from January to June 2010.
Presenting the findings, Sulemana Braimah of the Media Foundation for West Africa (MFWA), who was one of the lead researchers, said the coalition was seeking to identify shortfalls in the coverage of issues of corruption and build the capacity of journalists to play an effective role in the anti-corruption crusade.
“The fight against corruption remains a fundamental pre-requisite for national and global development and therefore requires a collective anti-corruption crusade,” he said.
Mr. Braimah said investigating and reporting wrongdoings while highlighting acts worthy of praise and ensuring that public officials and any member of the public who engage in wrongdoing are exposed should be a priority of the media and other anti-corruption organizations.
He said there were a monthly coverage of 94 stories on corruption, transparency and accountability by the 10 selected media houses and a total of 564 stories in a period of six months.
“The study showed that there was a considerable and sustained media attention on corruption-related issues. However coverage was dedicated more to awareness creation rather than unearthing the critical issues behind corruption allegations,” he concluded.
Florence F. Dennis, Executive Secretary of GACC, said covering and writing stories and articles on corruption require some special skills and commitment and added that such efforts help to build strong institutions for the development of the country.
She said since the project started, GACC has been able to train about 78 journalists to fight against corruption but added that it was not enough because journalists need special investigative skills to be able to expose corruption.
Mrs. Dennis said the GACC will be increasing its sample size by targeting more media outlets but said that it would need more resources to be able to do so.
“The political landscape presents the media in Ghana with a very good opportunity to be more committed in the fight against corruption. We need more independent media, which work with high ethical standards.”
Ben Ephson, Managing Editor of Daily Dispatch, who chaired the programme, emphasized the need to learn more about anti-corruption laws to guide them in their reportage on corruption.
He asked journalists not to allow themselves to be used to blackmail people, especially public officials and always work towards high ethical standards.
By William Yaw Owusu
Monday December 20, 2010
The Ghana Anti-Corruption Coalition (GACC) has launched its second findings on the media’s coverage on corruption, transparency and accountability with a call on media houses and journalists to do more to bring the social menace under control.
The GACC’s media monitoring of corruption, transparency and accountability covered 10 media outlets in the country including Daily Guide from January to June 2010.
Presenting the findings, Sulemana Braimah of the Media Foundation for West Africa (MFWA), who was one of the lead researchers, said the coalition was seeking to identify shortfalls in the coverage of issues of corruption and build the capacity of journalists to play an effective role in the anti-corruption crusade.
“The fight against corruption remains a fundamental pre-requisite for national and global development and therefore requires a collective anti-corruption crusade,” he said.
Mr. Braimah said investigating and reporting wrongdoings while highlighting acts worthy of praise and ensuring that public officials and any member of the public who engage in wrongdoing are exposed should be a priority of the media and other anti-corruption organizations.
He said there were a monthly coverage of 94 stories on corruption, transparency and accountability by the 10 selected media houses and a total of 564 stories in a period of six months.
“The study showed that there was a considerable and sustained media attention on corruption-related issues. However coverage was dedicated more to awareness creation rather than unearthing the critical issues behind corruption allegations,” he concluded.
Florence F. Dennis, Executive Secretary of GACC, said covering and writing stories and articles on corruption require some special skills and commitment and added that such efforts help to build strong institutions for the development of the country.
She said since the project started, GACC has been able to train about 78 journalists to fight against corruption but added that it was not enough because journalists need special investigative skills to be able to expose corruption.
Mrs. Dennis said the GACC will be increasing its sample size by targeting more media outlets but said that it would need more resources to be able to do so.
“The political landscape presents the media in Ghana with a very good opportunity to be more committed in the fight against corruption. We need more independent media, which work with high ethical standards.”
Ben Ephson, Managing Editor of Daily Dispatch, who chaired the programme, emphasized the need to learn more about anti-corruption laws to guide them in their reportage on corruption.
He asked journalists not to allow themselves to be used to blackmail people, especially public officials and always work towards high ethical standards.
Sunday, December 19, 2010
AG Thrown Out!
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Saturday December 18, 2010
An Accra Fast Track High Court trying the case of 15 people charge with the murder of Ya Na Yakubu Andani II, overlord of Dagbon in March 2002 says it will not allow the Attorney General’s Department to re-open the trial to enable them call more witnesses to testify.
Justice EK Ayebi, the Court of Appeal judge presiding over the case dismissed a the application to call additional evidence under Section 182 (3) of Act 30, Section 68 (1) of NRCD 323 and Section 58 of Act 459, describing the move as inappropriate and not convincing.
In his 42-minute ruling yesterday, the trial judge said the prosecution at all material times knew about the existence of the audio recording purported to be a confession statement of Braimah and said “they did not make any diligent effort to find Nsor who was keeping the tape.”
Justice Ayebi said the inconsistencies in the affidavit in support of the motion filed by the prosecution made it impossible for the court to consider the prosecution’s case in the category of ‘rare’ situations as the rule of court prescribes.
He said the prosecution could not satisfy the court that the additional evidence they were seeking to adduce was not available to them by the time they closed their case, saying “Anafo knew when, where and how to get Nsor and if the investigators seriously wanted to locate Nsor to get the audio recording from him, they could have done so.”
The court said the procurement of the audio recording two days after closing its case could not be enough to warrant re-opening of the case saying “the prosecution was in the know about the existence of the evidence they were seeking to adduce. According to ACP Ayalingo in the affidavit, the name Nsor kept cropping up during the investigations.”
Justice Ayebi said in
the court’s view, the alleged confession of Braimah to the killing of the Ya Na cannot be used by the prosecution as a confession statement because the accused person was not under any investigation for the murder of the Ya Na saying “mere incriminatory statements are not confession statements. The statement does not corroborate a confession statement.”
The Judge said if the court should allow the prosecution to re-open the case and lead the evidence it is seeking to adduce, it would contradict the evidence that the prosecution has led in the case so far.
The judge stated that the accused person has not been charged with murder but rather conspiracy and therefore the evidence that the prosecution is seeking to lead will not tilt the scales of justice saying “the evidence to be led will suffer the credibility test.”
The court held that Nsor and Anafo were in league to gather evidence just to indict the accused person and said it was bizarre that Nsor whom the prosecution’s affidavit says was training Dagomba youth to defend the Ya Na against Konkomba aggression could wait for eight long years since the incident happened before enquiring about the Ya Na from Anafo.
Before they sought to re-open the trial after formally closing their case the prosecution had called 12 witnesses including two police investigators and the pathologist who performed an autopsy on the body of the Ya Na.
If they court had re-opened the case the prosecution would have called five more witnesses including Nsor, an ex-security officer claiming to reside in Togo who took custody of the recording; Yakubu Mahamadu aka Anafo who did the recording; Mohammed Sumaila the man who translated the content on the secret tape; Robert Ayalingo, the officer in charge of the case and Professor John Peter French a forensic consultant specializing in the analysis of digital and magnetic recordings, speech and sound.
After the ruling, defense counsel reiterated its intention to file a “Submission of no case” and the court asked them to file their written submission by January 10, 2011.
The court also asked the prosecution to file its written response to the defense submission by January 20, 2011 and the case was adjourned until January 31, 2011.
The prosecution had said it was seeking to re-open the case because it has in its possession a secret audio recording of Alhassan Braimah, the sixth accused person confessing to one Ben Nsor aka Atia that he (Braimah) killed the Ya Na.
After failing on three occasions to present more witnesses, the prosecution on November 5, 2010, officially said it had closed it case in the trial prompting the defense to indicate to the court that it intends to file motion of “Submission of No case”, a request which was granted by the court.
The court then ordered the registrar of the court to make available to the defense all the proceedings of the trial before November 12, 2010 and adjourned the case to Tuesday, November 23, 2010 for the defense to prepare the motion for “Submission of No Case” but just as the case was called the prosecution said it had filed an application to re-open its case and call more witnesses.
The defense team led by Phillip Addison told the court that the prosecution’s affidavit supporting the motion did not provide enough information for them to oppose the motion and the prosecution led by Ms. Gertrude Aikins, Director of Public Prosecution (DPP) said they were going to file supplementary affidavit to provide more information about the sort of evidence to be led.
When the case was called on November 29, 2010, the prosecution made a sharp u-turn, withdrawing the entire application but immediately filing new processes, this time around very detailed, to get the case re-opened.
Rexford Anthony Wiredu, a Principal State Attorney moved the motion urging the court to re-open the case on December 10, 2010 while the defense opposed the application on December 13, 2010.
By William Yaw Owusu
Saturday December 18, 2010
An Accra Fast Track High Court trying the case of 15 people charge with the murder of Ya Na Yakubu Andani II, overlord of Dagbon in March 2002 says it will not allow the Attorney General’s Department to re-open the trial to enable them call more witnesses to testify.
Justice EK Ayebi, the Court of Appeal judge presiding over the case dismissed a the application to call additional evidence under Section 182 (3) of Act 30, Section 68 (1) of NRCD 323 and Section 58 of Act 459, describing the move as inappropriate and not convincing.
In his 42-minute ruling yesterday, the trial judge said the prosecution at all material times knew about the existence of the audio recording purported to be a confession statement of Braimah and said “they did not make any diligent effort to find Nsor who was keeping the tape.”
Justice Ayebi said the inconsistencies in the affidavit in support of the motion filed by the prosecution made it impossible for the court to consider the prosecution’s case in the category of ‘rare’ situations as the rule of court prescribes.
He said the prosecution could not satisfy the court that the additional evidence they were seeking to adduce was not available to them by the time they closed their case, saying “Anafo knew when, where and how to get Nsor and if the investigators seriously wanted to locate Nsor to get the audio recording from him, they could have done so.”
The court said the procurement of the audio recording two days after closing its case could not be enough to warrant re-opening of the case saying “the prosecution was in the know about the existence of the evidence they were seeking to adduce. According to ACP Ayalingo in the affidavit, the name Nsor kept cropping up during the investigations.”
Justice Ayebi said in
the court’s view, the alleged confession of Braimah to the killing of the Ya Na cannot be used by the prosecution as a confession statement because the accused person was not under any investigation for the murder of the Ya Na saying “mere incriminatory statements are not confession statements. The statement does not corroborate a confession statement.”
The Judge said if the court should allow the prosecution to re-open the case and lead the evidence it is seeking to adduce, it would contradict the evidence that the prosecution has led in the case so far.
The judge stated that the accused person has not been charged with murder but rather conspiracy and therefore the evidence that the prosecution is seeking to lead will not tilt the scales of justice saying “the evidence to be led will suffer the credibility test.”
The court held that Nsor and Anafo were in league to gather evidence just to indict the accused person and said it was bizarre that Nsor whom the prosecution’s affidavit says was training Dagomba youth to defend the Ya Na against Konkomba aggression could wait for eight long years since the incident happened before enquiring about the Ya Na from Anafo.
Before they sought to re-open the trial after formally closing their case the prosecution had called 12 witnesses including two police investigators and the pathologist who performed an autopsy on the body of the Ya Na.
If they court had re-opened the case the prosecution would have called five more witnesses including Nsor, an ex-security officer claiming to reside in Togo who took custody of the recording; Yakubu Mahamadu aka Anafo who did the recording; Mohammed Sumaila the man who translated the content on the secret tape; Robert Ayalingo, the officer in charge of the case and Professor John Peter French a forensic consultant specializing in the analysis of digital and magnetic recordings, speech and sound.
After the ruling, defense counsel reiterated its intention to file a “Submission of no case” and the court asked them to file their written submission by January 10, 2011.
The court also asked the prosecution to file its written response to the defense submission by January 20, 2011 and the case was adjourned until January 31, 2011.
The prosecution had said it was seeking to re-open the case because it has in its possession a secret audio recording of Alhassan Braimah, the sixth accused person confessing to one Ben Nsor aka Atia that he (Braimah) killed the Ya Na.
After failing on three occasions to present more witnesses, the prosecution on November 5, 2010, officially said it had closed it case in the trial prompting the defense to indicate to the court that it intends to file motion of “Submission of No case”, a request which was granted by the court.
The court then ordered the registrar of the court to make available to the defense all the proceedings of the trial before November 12, 2010 and adjourned the case to Tuesday, November 23, 2010 for the defense to prepare the motion for “Submission of No Case” but just as the case was called the prosecution said it had filed an application to re-open its case and call more witnesses.
The defense team led by Phillip Addison told the court that the prosecution’s affidavit supporting the motion did not provide enough information for them to oppose the motion and the prosecution led by Ms. Gertrude Aikins, Director of Public Prosecution (DPP) said they were going to file supplementary affidavit to provide more information about the sort of evidence to be led.
When the case was called on November 29, 2010, the prosecution made a sharp u-turn, withdrawing the entire application but immediately filing new processes, this time around very detailed, to get the case re-opened.
Rexford Anthony Wiredu, a Principal State Attorney moved the motion urging the court to re-open the case on December 10, 2010 while the defense opposed the application on December 13, 2010.
Thursday, December 16, 2010
Ghana Needs Election Fund
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 16, 2010
A SENIOR Programme Manager of Konrad-Adenauer-Stiftung (KAS), Isaac Owusu-Mensah has advocated for the setting up of a special fund for the Electoral Commission (EC) to enable the commission to live up to its constitutional mandate.
He said if that is done, it would enhance the budgetary needs and promote the independence of the EC and also enable the Commission to plan and execute their programmes without any fear of the government’s inability to provide funds.
Mr. Owusu-Mensah was speaking at a two-day workshop organized by Ghana Union of Traders Association (GUTA) with sponsorship from KAS for candidates of the impending District Assemblies elections from Techiman Municipality, Nkoranza South and North District Assemblies in Techiman.
He said elections all over the world were becoming very expensive and needed an innovative mechanism to ensure that those in charge of the exercise got the needed boost to be able to conduct a transparent and credible exercise.
“Unfortunately the more electoral commissions designed means of ensuring fairness and credibility of the elections, the sooner political parties adopted means of catching up to thwart the efforts of the commissions with attempts to cheat to fulfill their objectives of winning such contests.”
Mr. Owusu-Mensah said Ghana’s general elections over the years have received tremendous support from the international donor community and noted that these supports were drying up as a result of gains made in the consolidation of democracy in the country.
“It is time Ghana as a country, adopts innovative means of funding our own democracy. One of such means is elections fund.
“The Commission has over the years had its budget cut or delayed in the release of funds by the central government as a result of lack of funds. However, with the establishment of the elections fund, the Commission will be capable of adopting more innovative technological means of ensuring that elections become credible.”
He said another means of conducting credible, free and transparent elections will be the adoption of a biometric voters’ register and electronic voting, saying “this will also reduce the budgetary and financial pressure placed on the government.”
Twumasi Ampofo, MP for Nkoranza South speaking on the topic, “Strategies of wining elections at the district level,” reminded participants about the non-partisan nature of District Assemblies elections and asked them to work devoid of partisanship.
He also asked them to make the development of their electoral areas a priority and see themselves as servants of the people.
Ms. Ofori-Boadu, gender activist and a member of APRM Council, who was a facilitator, took participants through the dynamics of elections.
According to Ms. Ofori-Boadu, efforts by candidates would be in vain, if they failed to plan properly for the elections.
By William Yaw Owusu
Thursday December 16, 2010
A SENIOR Programme Manager of Konrad-Adenauer-Stiftung (KAS), Isaac Owusu-Mensah has advocated for the setting up of a special fund for the Electoral Commission (EC) to enable the commission to live up to its constitutional mandate.
He said if that is done, it would enhance the budgetary needs and promote the independence of the EC and also enable the Commission to plan and execute their programmes without any fear of the government’s inability to provide funds.
Mr. Owusu-Mensah was speaking at a two-day workshop organized by Ghana Union of Traders Association (GUTA) with sponsorship from KAS for candidates of the impending District Assemblies elections from Techiman Municipality, Nkoranza South and North District Assemblies in Techiman.
He said elections all over the world were becoming very expensive and needed an innovative mechanism to ensure that those in charge of the exercise got the needed boost to be able to conduct a transparent and credible exercise.
“Unfortunately the more electoral commissions designed means of ensuring fairness and credibility of the elections, the sooner political parties adopted means of catching up to thwart the efforts of the commissions with attempts to cheat to fulfill their objectives of winning such contests.”
Mr. Owusu-Mensah said Ghana’s general elections over the years have received tremendous support from the international donor community and noted that these supports were drying up as a result of gains made in the consolidation of democracy in the country.
“It is time Ghana as a country, adopts innovative means of funding our own democracy. One of such means is elections fund.
“The Commission has over the years had its budget cut or delayed in the release of funds by the central government as a result of lack of funds. However, with the establishment of the elections fund, the Commission will be capable of adopting more innovative technological means of ensuring that elections become credible.”
He said another means of conducting credible, free and transparent elections will be the adoption of a biometric voters’ register and electronic voting, saying “this will also reduce the budgetary and financial pressure placed on the government.”
Twumasi Ampofo, MP for Nkoranza South speaking on the topic, “Strategies of wining elections at the district level,” reminded participants about the non-partisan nature of District Assemblies elections and asked them to work devoid of partisanship.
He also asked them to make the development of their electoral areas a priority and see themselves as servants of the people.
Ms. Ofori-Boadu, gender activist and a member of APRM Council, who was a facilitator, took participants through the dynamics of elections.
According to Ms. Ofori-Boadu, efforts by candidates would be in vain, if they failed to plan properly for the elections.
Kufuor hits back at NDC
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 16, 2010
Former President John Agyekum Kufuor has ridiculed the recently lunched book trumpeting top 50 achievements of the ruling National Democratic Congress (NDC) saying it is “a clear exercise in desperation of a government seeking to be acknowledged, willy-nilly.”
His spokesperson, Frank Agyekum in a new release to react to the NDC’s criticism of the former President’s 72nd birthday message said “the document is flawed”, adding “apart from its many contradictions it sets very low standards for Ghana as even projects that have just been ‘put on paper’ or are going for tender are cited as achievements. If this is what the NDC wants to be credited with, so be it.”
Following the innocuous media interviews granted by Ex-President Kufuor when he celebrated his 72nd birthday last week, the NDC set it propaganda led by machinery Richard Quashigah in motion attacking the ‘Gentle Giant’ as he is affectionately called and needlessly attacked him.
Mr. Agyekum reiterated that all former President Kufuor sought to do was to encourage his party, the NPP to defend and trump up the achievements of the government that he led which he said “are plentiful, indeed, to assure the people of Ghana, that it was ready to resume government for the betterment of the nation come 2012.”
Ridiculing the NDC, the Ex-President’s spokesperson said “you seem to take issue with his assertion that the NPP government, which he led, has been the best in Ghana so far. I submit humbly that former President Kufuor was assessing the performance of his government over their eight-year tenure.”
He said that not too long ago President JEA Mills in assessing his performance gave himself the high mark of 80 per cent but the NDC did not see anything wrong with it.
He recalled when the NPP came into office in 2001, Ghana’s international ranking had sunk so low that it was classified as a ‘Heavily Indebted and Poor Country” (HIPC); national reserves stood at only $233 million; GDP which was $4 billion, grew at a lowly 3.7 per cent annually.
The Ex-President’s spokesperson further said there was nothing like National Health Insurance Scheme (NHIS); no School Feeding Programme; no free school busing for pupils and the aged; no free school fees for pupils from Kindergarten to Junior High School level; inflation stood at a high of 40.5 per cent and interest rate was hitting the 50 per cent, among others.
He said by the time the NPP was leaving office in 2008 Ghana had graduated from International Monetary Fund (IMF) oversight-ship to borrow from the EURO-Bond market where its share-value of $750 million was over-subscribed by more than three times; national reserves had risen to $2,036million; GDP shot up to over $44 billion and was growing at 8.4 per cent.
Additionally, he said the NHIS was running smoothly and efficiently; a pilot scheme to give at least one hot meal a day to school children from four years to 14 years was progressing; Inflation stood at 18 per cent and interest rate had dropped to 23 per cent.
He said with the rebasing of the GDP growth rate for 2008 from 7.3 per cent to 8.4 per cent, it is now clearly established that Ghana has attained the Middle Income status saying “the NDC had envisioned that this would be possible by 2020. The NPP believed this could be achieved by 2015 and succeeded in achieving it by 2008.”
On the purchase of an aircraft for the Presidency, Mr. Agyekum maintained that the former President ordered and secured a hire purchase agreement for one aircraft.
He said the Ex-President has the highest respect for the late President Osagyefo Dr. Kwame Nkrumah and has not sought in any way to denigrate Ghana’s first President.
He also said the NDC wants to score cheap political points out of the Gizelle Yartze but explained that the case is “worn out” and would not fly saying: “Obviously it serves the NDC’s purpose to continue to follow a discredited lady who at every turn has embarrassed them by her penchant to twist words around and her inability to match her words with deeds.”
By William Yaw Owusu
Thursday December 16, 2010
Former President John Agyekum Kufuor has ridiculed the recently lunched book trumpeting top 50 achievements of the ruling National Democratic Congress (NDC) saying it is “a clear exercise in desperation of a government seeking to be acknowledged, willy-nilly.”
His spokesperson, Frank Agyekum in a new release to react to the NDC’s criticism of the former President’s 72nd birthday message said “the document is flawed”, adding “apart from its many contradictions it sets very low standards for Ghana as even projects that have just been ‘put on paper’ or are going for tender are cited as achievements. If this is what the NDC wants to be credited with, so be it.”
Following the innocuous media interviews granted by Ex-President Kufuor when he celebrated his 72nd birthday last week, the NDC set it propaganda led by machinery Richard Quashigah in motion attacking the ‘Gentle Giant’ as he is affectionately called and needlessly attacked him.
Mr. Agyekum reiterated that all former President Kufuor sought to do was to encourage his party, the NPP to defend and trump up the achievements of the government that he led which he said “are plentiful, indeed, to assure the people of Ghana, that it was ready to resume government for the betterment of the nation come 2012.”
Ridiculing the NDC, the Ex-President’s spokesperson said “you seem to take issue with his assertion that the NPP government, which he led, has been the best in Ghana so far. I submit humbly that former President Kufuor was assessing the performance of his government over their eight-year tenure.”
He said that not too long ago President JEA Mills in assessing his performance gave himself the high mark of 80 per cent but the NDC did not see anything wrong with it.
He recalled when the NPP came into office in 2001, Ghana’s international ranking had sunk so low that it was classified as a ‘Heavily Indebted and Poor Country” (HIPC); national reserves stood at only $233 million; GDP which was $4 billion, grew at a lowly 3.7 per cent annually.
The Ex-President’s spokesperson further said there was nothing like National Health Insurance Scheme (NHIS); no School Feeding Programme; no free school busing for pupils and the aged; no free school fees for pupils from Kindergarten to Junior High School level; inflation stood at a high of 40.5 per cent and interest rate was hitting the 50 per cent, among others.
He said by the time the NPP was leaving office in 2008 Ghana had graduated from International Monetary Fund (IMF) oversight-ship to borrow from the EURO-Bond market where its share-value of $750 million was over-subscribed by more than three times; national reserves had risen to $2,036million; GDP shot up to over $44 billion and was growing at 8.4 per cent.
Additionally, he said the NHIS was running smoothly and efficiently; a pilot scheme to give at least one hot meal a day to school children from four years to 14 years was progressing; Inflation stood at 18 per cent and interest rate had dropped to 23 per cent.
He said with the rebasing of the GDP growth rate for 2008 from 7.3 per cent to 8.4 per cent, it is now clearly established that Ghana has attained the Middle Income status saying “the NDC had envisioned that this would be possible by 2020. The NPP believed this could be achieved by 2015 and succeeded in achieving it by 2008.”
On the purchase of an aircraft for the Presidency, Mr. Agyekum maintained that the former President ordered and secured a hire purchase agreement for one aircraft.
He said the Ex-President has the highest respect for the late President Osagyefo Dr. Kwame Nkrumah and has not sought in any way to denigrate Ghana’s first President.
He also said the NDC wants to score cheap political points out of the Gizelle Yartze but explained that the case is “worn out” and would not fly saying: “Obviously it serves the NDC’s purpose to continue to follow a discredited lady who at every turn has embarrassed them by her penchant to twist words around and her inability to match her words with deeds.”
No show at Ex-MP Girlfriend’s trial
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 16, 2010
The case of three person standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the Kufuor administration has been adjourned due to the absence of state prosecutors.
When the case was called yesterday defense counsel was present but there was no prosecutor to try the case and an officer from the Attorney-Generals’ Department who was in the courtroom told the presiding judge, Justice Mustapha Habib Logoh that his colleague was indisposed.
Just as a third prosecution witness was to be called the officer stood up announced himself and asked the judge to adjourn proceedings until December 22, 2010.
The judge obliged but asked the prosecution to expedite action because the accused persons are still in custody.
Narteley Nettey Yirenkyiwaa, 24, the ex-Minister’s girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw, the police say the three conspired to rob the JB at East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking pictures, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000. 00
By William Yaw Owusu
Thursday December 16, 2010
The case of three person standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the Kufuor administration has been adjourned due to the absence of state prosecutors.
When the case was called yesterday defense counsel was present but there was no prosecutor to try the case and an officer from the Attorney-Generals’ Department who was in the courtroom told the presiding judge, Justice Mustapha Habib Logoh that his colleague was indisposed.
Just as a third prosecution witness was to be called the officer stood up announced himself and asked the judge to adjourn proceedings until December 22, 2010.
The judge obliged but asked the prosecution to expedite action because the accused persons are still in custody.
Narteley Nettey Yirenkyiwaa, 24, the ex-Minister’s girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw, the police say the three conspired to rob the JB at East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking pictures, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000. 00
Tuesday, December 14, 2010
Court rules on Ya Na case
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Tuesday December 14, 2010.
An Accra Fast Track High Court will on Friday December 17, 2010 rule on whether or not to re-open the case of 15 persons charged for the murder of Ya Na Yakubu Andani II, overlord of Dagbon in 2002.
After officially closing its case on November 5, 2010, the prosecution returned to the court to say that it had received a secret audio recording of Alhassan Braimah, the sixth (A6) accused person, confessing to killing the Ya Na and therefore wants the court to re-open the case for them to call five more witnesses to adduce additional evidence.
The content of the purported confession statement recorded one by Yakubu Mahamadu aka Anafo and handed over to Ben Nsor, an ex security operative which is urging the prosecution to re-open the case is, “Father you trained us…the chief came to kill us and we killed him and cut off his head”, among other things.
The prosecution led by Anthony Rexford Wiredu, a Principal State Attorney standing in for Gertrude Aikins, Director of Public Prosecutions (DPP) on December 10, 2010 moved the motion, justifying the reasons why the court must to re-open the trial for them to bring more witnesses to testify in the case.
Opposing to the application to re-open the prosecution’s case, Phillip Addison, counsel for the accused persons said the prosecution could not show in the application that they faced any difficulty in getting or locating Nsor to bring the audio recording of Braimah saying “it was complete lack of due diligence on the part of the prosecution that the evidence they are now seeking to adduce was available to them at all material times.”
He said the prosecution called 12 witnesses before closing their case and none of the witnesses was able to point out the sixth accused person as being involved in the murder of the Ya Na, except Iddrisu Mutawakil who claimed he saw the accused shooting towards the palace and added that even at the Wuaku Commission none of the witnesses mentioned the accused as being involved in the murder.
Counsel said what the prosecution is seeking to do is to call five more witnesses to contradict the evidence given by the twelve saying “the sixth accused persons is not on trial for murder therefore additional witnesses will not further the trail but rather it will cause embarrassment and delay to the trail.”
“It is pertinent to note that A6 (Braimah) was not even mentioned at Wuaku Commission. His name did not even come in at all. Mutawakil who testified at the commission never mentioned him. It is our respectful submission that admitting this evidence will lead to matters being at large.”
Citing the celebrated case of the Republic vrs Kwabena Amaning aka Tagor and Alhaji Issah Abass case, Mr. Addison argued that at the time the purported recording was done, Braimah was not under any investigation and so therefore the recording could not amount to a confession statement saying “they are wasting the court’s time in a futile attempt to salvage a case that is lost”.
He said the affidavit in support of the prosecution’s application was not detailed enough to disclose when ACP Robert Ayalingo commenced the second investigation into the murder of the Ya Na saying “it is a pertinent requirement for applications of this nature. All the authorities require that there should be full disclosure.”
“They jumped the gun. They should have satisfied the court that the evidence being adduced is relevant and credible since it is trail by indictment. The affidavit does not meet the test of clarity and precision.”
He said the police abused the right of the accused person by secretly doing a second him saying “they took the recording of A6 for analysis in October 2010, when he was in lawful custody. The accused persons are properly in the custody of the court and could have brought an application to get the recording done but not to illegally get his voice and turn around to use it to prosecute him.”
“The evidence they are seeking to adduce is not credible. It is a set up. They used illegal means to get it. It has no bearing on the charges preferred against the accused person. In fact, it is so vague that it will not establish the guilt of the accused person.”
He said what the prosecution is doing is to punish the accused persons by keeping them in jail and are also delaying justice by seeking to bring witnesses whose evidence will have no probative value.
When he replied on points of law, Mr. Wiredu said all the authorities that counsel cited were heard on appeal and had no bearing on the case.
Monday, December 13, 2010
Prosecution moves motion to re-open Ya Na case
Accused persons entering the police van after proceedings on Friday.
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Monday December 13, 2010
The prosecution in the case of 15 persons accused of the murder of Ya Na Yakubu Andani II, overlord of Dagbon in 2002 moved its motion to re-open the case to enable them call more witnesses.
After officially closing its case on November 5, 2010, the prosecution returned to the court to say that it had received a secret audio recording of Alhassan Braimah, the sixth (A6) accused person, confessing to killing the Ya Na and therefore wants the court to re-open the case for them to adduce additional evidence.
Even though the case was slated for December 8, 2010, the court could not hear the case because the machine used in recording the proceedings developed faults and the court, presided over by Justice EK Ayebi of the Court of Appeal, adjourned proceedings but since the machine had still not been fixed the judge had no option but to proceed by writing in long hands.
The content of the purported confession statement recorded by Yakubu Mahamadu aka Anafo and handed over to Ben Nsor, an ex security operative which is urging the prosecution to re-open the case is, “Father you trained us…the chief came to kill us and we killed him and cut off his head, among other things.
Moving the motion, Anthony Rexford Wiredu, a Principal State Attorney standing in for Gertrude Aikins, Director of Public Prosecutions (DPP) said the audio recording constitute a material piece of evidence that cannot be ignored by the court, saying “is is relevant to this case since it is the recording of the 6th accused person confessing to killing of the Ya Na and relates to significant contested issues in this case.”
“The probative value of the proffered evidence substantially outweighs any prejudice that may be caused to the defense or the need to ensure a fair trial within a reasonable time if it is tendered in evidence,” he said.
The prosecutor told the packed court that ACP Robert Ayalingo who is supervising the second investigations into the murder of the late king did not get Moses Nsor, the ex-security officer who took possession of the audio recording until November 7, 2010 when the prosecution had closed its case two days earlier before Nsor handed over the tape to the senior police officer even though Nsor’s name kept cropping up during the investigation.
He insisted that defense counsel had taken no further steps since the prosecution closed its case despite the fact that it (defense) indicated to the court that it intended to file a submission of no case, saying “our application will not unreasonably delay this trial.”
Mr. Wiredu cited international cases such as The Prosecutor versus Charles Taylor at the Special Court Sierra Leone and The Prosecutor versus Slobodan Milosevic at the International Court of Justice as cases where the prosecution closed its cases but the court re-opened them for more witnesses to testify.
He said in the case involving Mr. Taylor, the former Liberian leader, the court in The Hague, re-opened the trial for supermodel Naomi Campbell, Mia Farrow and another to testify when it emerged that Mr. Taylor gave special diamonds to Ms. Campbell as gifts in 1997 at a banquet hosted by Nelson Mandela in South Africa.
“The general rule is that even after the defense has closed its case the judge can call witnesses when new matters arise. This is a clear case where judicial discretion ought to be exercised and grant this application in the interest of effective and total justice and for the purposes of determining the matter on its merit once and for all.”
Responding to the application, Phillip Addison, counsel for the accused persons, opposed the motion, saying the prosecution willingly closed its case but wants the court to re-open the trial for them to adduce fresh evidence.
He said initially when the prosecution read the facts of the case; the DPP said they would lead evidence to show that all the accused persons conspired with Zakaria Yakubu aka Zakaria Forest, the seventh accused person to commit the crime but were trying to change their story as far as the tape was concerned.
“They called 12 witnesses before closing their case and were asked several times if indeed they were really closing their case. The fact that they are seeking to re-open this trial is an indication that they are not satisfied with what they have done.”
He argued that according to the affidavit deposed to by ACP Ayalingo, the prosecution at all material times were aware that Nsor was in possession of the tape recording but they (prosecution) were not able to explain why it had become extremely necessary for them to re-open the case and tender the tape.
He said for instance that ACP Ayalingo deposed to the affidavit that he took another voice recording of the sixth accused person to the Linguistics Department of the University of Ghana for analysis as far back as October 2010 to enable the police compare the voice on the tape, long before November 7, 2010 when ACP Ayalingo claimed Nsor brought the original tape, asking “so what did they go to compare at the Linguistic Department when Nsor had not brought the original tape.”
“The statement implies that at least the police was in possession of that evidence long before the prosecution closed its case.”
After sitting for long hours and writing in long hands, the judge adjourned proceedings until today, Monday, December 13, 2010 for defense to conclude its application opposing the prosecution’s attempt to re-open the case to enable them call more witnesses.
MTTU Boss ‘mad’
Posted on: www.dailyguideghana.com
By William Yaw Owusu
The Commander of the Motor Traffic and Transport Unit (MTTU) of the Ghana Police Service, ACP Angwubutoge Awuni says the police is becoming disillusioned as a result of what he terms “the increasing rate” at which the courts are acquitting and discharging drivers who are arraigned before the courts for flouting road traffic regulations.
“In fact, I must confess that we are becoming disillusioned and demoralized by the turn of events. The actions of the courts are emboldening these drivers to misbehave the more,” the MTTU boss said rather angrily.
He has therefore called on the judiciary to as he put it “do their part” in the effort to help bring sanity on the roads saying “we cannot continue to fight indiscipline and bring orderliness on our roads if we remain in this attitude.”
ACP Awuni was reacting to the acquittal and discharge of a one Nurudeen Gaisie, 21, who was arrested by the police for driving a cargo truck without license.
The vehicle with registration number GT387A, which was glaringly not fit to be driven due to its rickety nature, was intercepted by the police on the Graphic Road in Accra on December 2, 2010.
Gaisie was subsequently charged with four counts of use of motor vehicle in dangerous condition, use of vehicle with invalid road certificate, driving motor vehicle without driver’s license and under age person driving.
He pleaded guilty to all the counts and claimed that he was actually pushing the vehicle with his friends to a fitting shop for repairs.
Strangely, the Motor Court, presided over by Mrs. Maraim Sule Sinare acquitted and discharged him and asked Gaisie to go and repair the vehicle without verifying Gaisie’s claim from the police investigator.
ACP Awuni said “we are going to appeal against the decision because if we allow this, it will serve as a disincentive to our men who are enforcing road traffic regulations.”
“Can you imagine that Gaisie is 21 years old and is even precluded by law to drive such a vehicle? The judge did not even look at the fact that Gaisie was driving without license.”
“It is going to be bad for our country if we continue to treat cases the way we are doing. Criminal justice system lies in the hands of the judiciary, police and the prison officers and everybody is supposed to play their part to ensure that it becomes very effective.”
Businessman Pulls Gun On Police
The weapon allegely used by the suspect.
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Monday December 13, 2010
A businessman Henry Adadevoh, who allegedly pointed a gun at a policeman for stopping him to ask for his papers, is in the grips of the police.
Mr. Adadevoh was driving his VW Tuareg with registration number GS 5932 09 along the La Beach Road on December 8, 2010 at about 7 pm when the incident occurred.
According to Sergeant Kwasi Poku, the suspect tried to use an unapproved route during the rush hour when he (policeman) stopped him and requested him to produce his license and other documents on the car.
He said he asked Mr. Adadevoh to come to the Motto Transport and Traffic Unit (MTTU) head office the next day to be processed for court which he (Adadevoh) accepted but just as he turned he heard Mr. Adadevoh shout “Give me my license!”
The policeman said to his surprise Mr. Adadevoh pulled a gun but he, together with another policeman, disarmed the accused person and arrested him.
According to him, when he checked the gun it had been cocked and could have been fired by the suspect had he (policeman) not been smart.
Friday, December 10, 2010
I saw Ex-MP in boxer shorts
Posted on: www.dailyguidegahan.com
By William Yaw Owusu
Friday December 10, 2010
The second prosecution witness (PW2) in the case of three people standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the erstwhile Kufuor administration yesterday told an Accra Fast Track High Court that he saw the former legislator in his panties (boxer shorts) with blood oozing from his hand.
The witness, Edwin Agyei Boateng told the court presided over by Justice Mustapha Habib Logoh: “At the entrance of the stairs, I saw Mr. JB descending with blood oozing from his hand. He had been stripped and was wearing only boxer shorts and he asked us to arrest the two boys who just passed by.”
Narteley Nettey Yirenkyiwaa aka Awura Ama, 24, the ex-Minister’s estranged girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw; the police say the three conspired to rob the JB at the East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
Led in evidence by Paul Asibi Abariga, a State Attorney, Edwin Agyei Boateng who is a security man at Yirenkyiwaa’s apartment around American House in East Legon, Accra said when he got to work on August 26, 2010 Yirenkyiwaa told him to leave one door unlocked because she was expecting a visitor.
He said he then went to get mosquito coil and when he returned JB’s car had been parked inside the house and he had gone upstairs and sat with Yirenkyiwaa in the porch.
“I then sat at my usual position and about 15 minutes later heard someone shouting… ‘They are killing me!’ ‘They are killing me!’”
He said he climbed upstairs and on his way saw the caretaker of the apartments who had also heard the shouting and was also moving to the scene.
He claimed when he got to the porch of Yirenkyiwaa he saw someone forcing his hand through the window and the hand had blood. “We banged at the door and when it was opened A3 (Ampaw) with blood stains on his body rushed out of the room and descended the staircase and jumped the fence wall.”
He said before Ampaw went downstairs they asked him to accompany them into the room but he refused and only said people were fighting inside but the shouting for help intensified.
Boateng said A2 (Antwi) also followed and he (witness) attempted to hold him but he shrugged him off and descended the staircase even though they were able to pursue him and arrested him.
He said after overpowering Antwi, he saw JB descending the staircase and wearing only boxer shorts and the ex-minister told him that the accused persons had removed his trousers saying “Yirenkyiwaa followed not long and asked us to leave Antwi and rather arrest JB but we said all of them should be sent to the police station.”
He said in the ensuing confrontation, people in the area thronged the place and a man used his shirt to tie JB’s wound saying “Antwi tried to ask Yirenkyiwaa to say the truth to set him free but Yirenkyiwaa shouted him down and said she will handle it.”
He said a police patrol team came around and took JB to the hospital and the accused to custody.
During cross-examination by Kwabena Addo Attuah, Edwin Boateng insisted that whatever he had told the court was the truth and said that on the day of the incident he never entered into Yirenkyiwaa’s room and could not have seen what actually happened.
Counsel: Whatever was happening at that material time between JB and the accused persons would not be privy to you.
Witness: That is so.
Counsel: You have come here to fabricate stories about the accused persons
Witness: It is not correct.
When he took his turn, CK Mintah, counsel for Antwi and Ampong, Edwin Boateng told the court that at the moment Antwi and Ampaw came out of Yirenkyiwaa’s room he did not know whether the two men were perpetrators or victims.
Earlier, JB had concluded his cross-examination by Mr. Mintah where he (JB) said he was not exaggerating the injury he suffered and added that he feared for his life during the incident.
He also insisted that armed robbery was perpetrated on him.
Sitting continues on December 15, 2010.
Civil service Boss cited for contempt...in Muntaka $20,000 saga
Alhaji Mohammed-Muntaka Mubarak, former Minister of Youth and Sports in Ghana
Posted on: www.daiyguideghana.com
By William Yaw Owusu
Friday December 10, 2010
Two whistleblowers, Albert Anthony Ampong and Adim Odoom in the Alhaji Mohammed-Muntaka Mubarak saga have filed a motion at the Human Rights Court in Accra to commit three officers of the Civil Service Council to prison for contempt.
Ampong and Odoom, former Chief Director of the Ministry of Youth and Sports and former Principal Accountant respectively want the court to commit Dr. Robert Dodoo, Noah Tumfo and W.K. Kemevor to prison because they claim the respondents have authorized and sanctioned a committee to investigate the loss of $20,000 at the Ministry in 2009.
Currently, a committee set up by the Civil Service Council is investigating the disbursement of the $20,000 at the Ministry of Youth and Sports despite the pendency of the applicant’s motion to enforce their fundamental human rights in the matter titled “Albert Anthony Ampong & Adim Odoom vrs. The Attorney-General”, at same court.
In their affidavit in support of the application, the two embattled officers claim they filed the action to enforce their fundamental human rights on November 29, 2010 to seek a declaration that the purported investigation being undertaken by Civil Service Council and the invitation of the applicants to appear before the committee “are actuated by bias and prejudice and therefore, unlawful and a gross infringement of their human rights under the 1992 Constitution.”
They said the respondent in the substantive suit which is the Attorney-General has been duly served on November 30, 2010 and their solicitors have delivered a letter to the Civil Service Council, informing them of the pendency of their action and imploring them to desist from any conduct which will be subversive to the powers of the court.
“That notwithstanding the filing of the instant action, the Civil Service Council brazenly continued to conduct the investigations which our action seeks to prohibit,” they argued.
They claimed that the so-called fact finding committee of the Civil Service Council has in spite of due notice of their action, been holding meetings and taking evidence from witnesses on the same subject-matter of the substantive action and it was with the full sanction and the authorization of the respondents.
“For instance, on December 1, 2010, the fact finding committee under the authorization of the respondents herein continued with their investigations, met with one Ebenezer Lomotey and took evidence from him.”
They said the respondent’s failure to cease investigations pending the determination of the substantive case is a willful disregard of the authority of the court and makes them “inexcusably liable to be committed to prison in order to vindicate the undoubted authority of the court,” adding “the respondents will continue to engage in their contemptuous conduct unless the severest penal sanctions are inflicted on the court.”
Mr. Odoom blew the lid over acts of malfeasance in the Ministry of Youth and Sports when Mohammed-Muntaka Mubarak was the Minister. One of the issues raised was the disbursement and loss of an amount of $20,000 as a result of which the National Security apparatus was ordered to probe it.
President Mills on the June 25, 2009 ordered the interdiction of the two persons, directing further that the Head of Civil Service apply appropriate sanctions against them over what was considered “conduct unbecoming of civil servants.”
Following the interdiction the two proceeded to an Accra Fast Track High Court with two separate actions challenging the orders of the President, actions which resulted in their recall from interdiction and the restoration of their outstanding salaries and regular entitlements.
The Civil Service Council in a fresh action dated 31st March 2010 sought to interdict them once more and an indication to conduct a probe into the disbursement and the loss of the said amount of money.
The Civil Service action was quashed by a court ruling on 8th November 2010 describing the action as unlawful and slapped a restraining order on the Civil Service from instituting disciplinary proceedings against them on the basis of the unlawful interdiction.
Instead of complying with the court order on the interdiction, the Civil Service Council wrote to them inviting them to appear before a fact-finding committee for the purpose of probing what they describe as the same subject matter “of the alleged disbursement and loss of same $20,000.”
Thursday, December 09, 2010
Faulty recorders stall Ya Na Trial
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 9, 2010
THE TRIAL of 15 persons accused of the murder of Ya Na Yakubu Andani II, overlord of Dagbon in 2002 could not be heard as scheduled because the machines used in recording the proceedings have developed faults.
The court presided over by Justice EK Ayebi of the Court of Appeal had no option but to adjourn the proceedings until Friday December 10, 2010 by which time the machines could have been repaired.
The prosecution led by Ms. Gertrude Aikins, Director of Public Prosecution (DPP) was expected to move a motion the state filed to have the case re-opened to enable them call more witnesses to testify but is likely to be moved on Friday for the defense team to reply.
All the 15 accused persons, except Zakaria Yakubu aka Zakaria Forest, the seventh suspect who is currently at large, were in court.
They have all pleaded not guilty to conspiracy, with Forest (A7) facing an additional charge of murder.
They are currently on remand except Iddrisu Iddi aka Mbadugu, due to old age.
Apart from the Mbadugu, those on trial are Alhaji Baba Abdulai Iddrisu aka Zohe, Kwame Alhassan aka Achiri, Mohamadu Abdulai aka Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, former District Chief Executive (DCE) of Yendi as second, third, fourth, fifth, sixth and eighth accused persons respectively.
The rest are Baba Ibrahim aka Baba Zey, Alhassan Mohammed aka Mohammed Cheampon, Mohammed Mustapha, Shani Imoro, Yakubu Yusif aka Leftee and Hammed Abukari Yussif and Abdul Razak Yussif aka Nyaa as 9th, 10th, 11th, 12th, 13th, 14th and 15th accused persons respectively.
By William Yaw Owusu
Thursday December 9, 2010
THE TRIAL of 15 persons accused of the murder of Ya Na Yakubu Andani II, overlord of Dagbon in 2002 could not be heard as scheduled because the machines used in recording the proceedings have developed faults.
The court presided over by Justice EK Ayebi of the Court of Appeal had no option but to adjourn the proceedings until Friday December 10, 2010 by which time the machines could have been repaired.
The prosecution led by Ms. Gertrude Aikins, Director of Public Prosecution (DPP) was expected to move a motion the state filed to have the case re-opened to enable them call more witnesses to testify but is likely to be moved on Friday for the defense team to reply.
All the 15 accused persons, except Zakaria Yakubu aka Zakaria Forest, the seventh suspect who is currently at large, were in court.
They have all pleaded not guilty to conspiracy, with Forest (A7) facing an additional charge of murder.
They are currently on remand except Iddrisu Iddi aka Mbadugu, due to old age.
Apart from the Mbadugu, those on trial are Alhaji Baba Abdulai Iddrisu aka Zohe, Kwame Alhassan aka Achiri, Mohamadu Abdulai aka Samasama, Sayibu Mohammed, Alhassan Braimah and Alhaji Mohammed Habib Tijani, 45, former District Chief Executive (DCE) of Yendi as second, third, fourth, fifth, sixth and eighth accused persons respectively.
The rest are Baba Ibrahim aka Baba Zey, Alhassan Mohammed aka Mohammed Cheampon, Mohammed Mustapha, Shani Imoro, Yakubu Yusif aka Leftee and Hammed Abukari Yussif and Abdul Razak Yussif aka Nyaa as 9th, 10th, 11th, 12th, 13th, 14th and 15th accused persons respectively.
Faulty recorder stalls Ex-MP's case
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 9, 2010
The case of three person standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the Kufuor administration has been adjourned due to the faulty nature of the recording machines.
The same courtroom is hosting both the Ya Na case and Ex-MP case but under different judges.
When the case was called, the court presided over by Justice Mustapha Habib Logoh said “as things stand now we cannot work because our computers are down. Let us come tomorrow (December 9, 2010) by which time the machines would have been repaired.”
Narteley Nettey Yirenkyiwaa, 24, the ex-Minister’s girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw, the police say the three conspired to rob the JB at East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
The Ex-MP was expected to be cross-examined by CK Mintah, counsel for Antwi and Ampaw after Yirenkyiwaa’s lawyer, Kwabena Addo Attuah had completed his cross-examination on December 7, 2010.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking pictures, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000.
By William Yaw Owusu
Thursday December 9, 2010
The case of three person standing trial for allegedly conspiring to rob J.B. Danquah Adu, Ex-MP for Abuakwa North and Deputy Minister of Women and Children’s Affairs under the Kufuor administration has been adjourned due to the faulty nature of the recording machines.
The same courtroom is hosting both the Ya Na case and Ex-MP case but under different judges.
When the case was called, the court presided over by Justice Mustapha Habib Logoh said “as things stand now we cannot work because our computers are down. Let us come tomorrow (December 9, 2010) by which time the machines would have been repaired.”
Narteley Nettey Yirenkyiwaa, 24, the ex-Minister’s girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw, the police say the three conspired to rob the JB at East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
The Ex-MP was expected to be cross-examined by CK Mintah, counsel for Antwi and Ampaw after Yirenkyiwaa’s lawyer, Kwabena Addo Attuah had completed his cross-examination on December 7, 2010.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking pictures, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000.
Wednesday, December 08, 2010
Gbevlo Lartey Fined in Court
Lt. Col Larry Gbevlo Lartey,National Security Co-ordinator of Ghana.
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Wednesday December 8, 2010
An Accra High Court has slapped GH¢ 300 cost against Lt. Col Larry Gbevlo Lartey, the National Security Co-ordinator for failing to appear before it in the case in which former staff of National Security Council (NSC) are suing the co-ordinator together with the Attorney-General for sacking them and not paying them their end-of-service benefits.
Neither the National Security Co-ordinator nor his representative except for one occasion has been appearing before the court as the first defendant of the suit since the case was called for the first time on October 28, 2010 but the representative of the AG has been honouring the court’s invitation except yesterday when he failed to appear.
Apart from October 28, subsequent adjournments were on November 8, November 26 and December 7, 2010 but in all the dates, the Security capo failed to make appearances compelling the court presided over by Justice C.J. Honyenuga of the Court of Appeal to award cost against Gbevlo-Lartey and another GH¢ 300 cost against the AG.
When the case was called Captain Rtd. Nkrabea Effah-Darteh, counsel for the dismissed security officers complained to the court about the National Security Co-ordinator’s attitude towards the matter saying there has not been a single date that he (Mr. Gbevlo-Lartey) had appeared before the court.
He told the court that most of the plaintiffs are not residing in Accra and have had to travel from all over the country to attend the court’s sitting and urged the judge to award cost of GH¢ 1,000 against the defendants.
The plaintiffs numbering 88 including Kenneth Gyan Kesseh are seeking a declaration that each of the 88 plaintiffs is entitled to be paid his or her benefit as well as an order directing the authorities to pay them their benefits upon termination of appointment as is consistent within the conditions governing their employment as staff of the NSC Secretariat.
In their statement of claim, the plaintiffs are saying that, they were fully employed regular staff of the NSC Secretariat both in Accra and various parts of the country.
According to them, they were all employed under the security intelligence Agencies law of 1996 Act 526 and the other relevant laws governing the public service after being interviewed and examined thoroughly.
They claimed even though the President acknowledged their dedicated and loyal service to the state, each of them had his appointment terminated as staff of the NCS as they were wrongly perceived as political appointees of the previous political administration under President JA Kufuor.
They said although they have been paid a three months salary in a partial fulfillment of the conditions governing termination they were still entitled to their end of service benefit.
The plaintiff said when they petitioned the authorities for payment to be done, it was ignored. Again they said their solicitors wrote series of letters praying for the payment but to no avail.
“It is obvious that unless the 88 plaintiffs seek the intervention of the courts, the defendants have no intention of satisfying the regulations governing the public service which includes payment of just earned benefit upon termination of appointment” they stressed.
However, the defendants have denied that the plaintiffs were sacked because they were perceived as political appointees of the previous administration but said their appointments were terminated on grounds that their services were no longer required.
The defendants said the plaintiffs were paid 3 months' salary as the full payment due them and further contended that the plaintiffs are entitled to any end-of-service benefits as alleged in their conditions of service and therefore would put them to strict proof.
The Defendants submitted that they would raise a preliminary-legal point during the hearing to suggest that the National Security Coordinator, Gbevlo Lartey, is not a proper person or body to be sued in this matter and therefore would seek the court to strike off the case against him.
Sitting continues on December 17, 2010.
Tuesday, December 07, 2010
My Girlfriend Unzipped Me – Ex-MP Tells Court
Narteley Nettey Yirenkyiwaa is the estrange girlfriend of the Ex-Minister
Posted on: dailyguideghana.com
By William Yaw Owusu
JAWS DROPPED at an Accra Fast Track High Court yesterday when J.B. Danquah-Adu, former MP for Abuakwa North and deputy Minister for Women and Children’s Affairs under the erstwhile Kufuor administration, gave vivid description of how his 24 year old estranged girlfriend unzipped his trousers allegedly to get two other guys to rob him.
Narteley Nettey Yirenkyiwaa, the ex-Minister’s girlfriend is standing trial together with Charles Antwi and Nana Yaw Ampaw, the police say the three conspired to rob the JB at East Legon apartment of the lady on August 26, 2010.
The three have pleaded not guilty to three counts of conspiracy, causing harm and robbery and are still in police custody.
Led in evidence by Paul Asibi Abariga, a State Attorney, Mr. Adu had told the court presided over by Justice Mustapha Habib Logoh, among other things that the accused person’s actions on that fateful day showed clearly that they had intended to either ‘kill’ or ‘harm’ and ‘rob’ him whilst he was in the bedroom of Yirenkyiwaa.
Cross-examined by Addo Attuah counsel for Yirenkyiwaa, the former MP said “I was in my trousers and my shirt and shoes and AI (Yirenkyiwaa) unzipped me and as the trousers fell down at that point I saw the doors swung open and I heard the sound of a click of camera.”
“It was at that point that I tried to bring my trousers up to cover my nakedness but they tried to remove it.”
Counsel: This story about your trousers being forcibly removed is not what you told the court in your evidence-in-chief
JB: I am stating that it was what actually happened.
Counsel: You seem to be changing your story every now and then as we go on this matter
JB: I am not changing my story. It is the same as I have said.
Counsel: You are not being a credible witness
JB: I am a very credible witness.
Counsel: It was whilst you were on the bed that you heard the click sound of a camera
JB: That is not the case
Counsel: I am suggesting to you that when you heard the click sound of the camera you jumped towards A2 (Antwi) who was holding it because you wanted to wrestle the camera from him.
JB: They rather attacked me, pushed me into the bed and forcibly removed my trousers which was containing GH¢ 1,000
Counsel: I am also suggesting to you that in your attempt to price the camera from A2’s hand there was a struggle.
JB: I did not…They attacked me with their knives
Counsel: There was a knife lying on a table which you tried to reach
JB: That is not correct
Counsel: A2 then grabbed the knife first
JB: That is not the case
Counsel: It was in the course of the struggle that you sustained that slight injury on your hand
JB: That was not the case…They swung the knife on my head and I parried it with my hand.
The former MP disagreed with counsel that the injury he sustained was purely accidental saying it was intentional.
Counsel: Apart from the injury, you never sustained any other injury in your testimony to this court
JBs: That was the only injury I sustained.
He told the court that he would not know whether or not Antwi and Ampaw panicked when they realized he was injured and said Yirenkyiwaa never told him to calm down saying “she actually wanted to hit my head with something.”
He claimed Yirenkyiwaa wanted to hit him with a chair and denied hitting Antwi with the chair and subsequently standing on the same chair to shout for help.
He also told the court that Ampaw tried to tape his mouth and said Yirenkyiwaa never tried to stop the blood with her clothe saying “it was an onlooker who tied my hand with his shirt and not A1”.
Earlier in the cross-examination, the ex-MP had said at a time when he was being sent to the hospital, Yirenkyiwaa was not in possession of his pair of trousers.
Counsel: She was also not in possession of the other things although not part of the charge sheet which you mentioned in the court.
Witness: Yes…but also as I said when she followed me downstairs she went back upstairs to her apartment for sometime before coming back.
He said the police sent him together with the accused persons in the same vehicle to the hospital and left him in the care of a policeman before sending the suspects to the police station.
He also said he could not tell the court whether his brother called Twum Barimah had gone to Yirenkyiwaa’s house with the police investigator to ransack the accused room.
Sitting continues on Wednesday December 8, 2010, for CK Mintah, counsel for Antwi and Ampaw to cross-examine the Ex-MP.
The facts are that on the morning of August 26, Ms. Yirenkyiwaa called the complainant, her estranged boyfriend to meet her at Protea Hotel. When they met, she asked for financial help from him and they agreed to meet later at her house.
When Mr. Adu got to her house, he met Yirenkyiwaa outside, who took him into the house. They then proceeded to her bedroom where she allegedly undressed him.
The prosecution said when she had done this, the other two accused persons came out of the bathroom where they were hiding and started taking pictures, after which they attacked the complainant with a knife and took his pair of trousers which contained GH¢1000.
Abudus appeal against K’si ruling
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Tuesday December 7, 2010
The Abudu Royal Gate in the Dagbon chieftaincy dispute has filed a notice of appeal against a Kumasi High Court’s decision to dismiss certain aspects of an application filed against some chiefs of the Andani Royal Gate and the Attorney General who represents the Ministry of the Interior.
The court presided over by Justice Jacob Boon on November 26, 2010 had dismissed the application of two chiefs representing the Abudu Royal Family on the Committee of Eminent Chiefs helping to resolve the protracted Dagbon conflict, on the grounds that the applicants did not have the capacity to institute the action in the first place.
Kworli Gbang-Lana Mahama of Kworli Palace and Bavum Lana of Bavum had jointly filed the suit against Kpan Naa Bawah Mahamadu, Chief of Kpano-Kpani; Kampa Kuya-Naa Abdulai, Regent of Dagbon; and the Attorney General who is the legal representative of the Ministry of the Interior.
In the notice of appeal filed on November 29, 2010 at the Court of Appeal in Kumasi, the plaintiffs contended that the judge failed to consider adequately the reliefs they sought and said once the judge conceded that evidence ought to be led in order to establish the fact that the plaintiff/appellants did comply with the relevant provisions of Act 555, he (the judge) was wrong in dismissing the entire action on the grounds of non-compliance.
“Assuming without admitting that the plaintiff/appellant did not serve the relevant notice to the Attorney General before instituting the action, the learned judge ought to have adverted his mind or adverted himself to the relevant provisions of Act 555 which talks of ‘staying’ the action until the compliance of other requirements.”
The plaintiffs/appellants said the decision by the court that the action should have been instituted in the Northern Region instead of Kumasi in the Ashanti Region “was absolutely palpably wrong in law”, saying the failure to institute the action in the Northern Region did not render the action invalid and a nullity.
They said the judge was required by law to have referred the matter to the Chief Justice to determine the convenient forum.
“At the material time that the learned judge sat on the matter, he was not clothed with capacity and or jurisdiction to have gone into the matter since by statutes, acts, the constitution, decided cases etc, it is only the Chief Justice who can properly, validly etc transfer a matter from one High court judge to another”, adding “the non-compliance with such all important requirement rendered the entire decision/ruling by the learned judge null and void.”
They are therefore asking the Court of Appeal to set aside the entire ruling.
By William Yaw Owusu
Tuesday December 7, 2010
The Abudu Royal Gate in the Dagbon chieftaincy dispute has filed a notice of appeal against a Kumasi High Court’s decision to dismiss certain aspects of an application filed against some chiefs of the Andani Royal Gate and the Attorney General who represents the Ministry of the Interior.
The court presided over by Justice Jacob Boon on November 26, 2010 had dismissed the application of two chiefs representing the Abudu Royal Family on the Committee of Eminent Chiefs helping to resolve the protracted Dagbon conflict, on the grounds that the applicants did not have the capacity to institute the action in the first place.
Kworli Gbang-Lana Mahama of Kworli Palace and Bavum Lana of Bavum had jointly filed the suit against Kpan Naa Bawah Mahamadu, Chief of Kpano-Kpani; Kampa Kuya-Naa Abdulai, Regent of Dagbon; and the Attorney General who is the legal representative of the Ministry of the Interior.
In the notice of appeal filed on November 29, 2010 at the Court of Appeal in Kumasi, the plaintiffs contended that the judge failed to consider adequately the reliefs they sought and said once the judge conceded that evidence ought to be led in order to establish the fact that the plaintiff/appellants did comply with the relevant provisions of Act 555, he (the judge) was wrong in dismissing the entire action on the grounds of non-compliance.
“Assuming without admitting that the plaintiff/appellant did not serve the relevant notice to the Attorney General before instituting the action, the learned judge ought to have adverted his mind or adverted himself to the relevant provisions of Act 555 which talks of ‘staying’ the action until the compliance of other requirements.”
The plaintiffs/appellants said the decision by the court that the action should have been instituted in the Northern Region instead of Kumasi in the Ashanti Region “was absolutely palpably wrong in law”, saying the failure to institute the action in the Northern Region did not render the action invalid and a nullity.
They said the judge was required by law to have referred the matter to the Chief Justice to determine the convenient forum.
“At the material time that the learned judge sat on the matter, he was not clothed with capacity and or jurisdiction to have gone into the matter since by statutes, acts, the constitution, decided cases etc, it is only the Chief Justice who can properly, validly etc transfer a matter from one High court judge to another”, adding “the non-compliance with such all important requirement rendered the entire decision/ruling by the learned judge null and void.”
They are therefore asking the Court of Appeal to set aside the entire ruling.
Monday, December 06, 2010
Constitution vindicates Danquah, Busia
Prof. Kludze, launching the book
Posted on: www.dailyguideghana.com
By William Yaw Owusu
A retired Supreme Court Judge, Professor Justice AKP Kludze, says certain provisions of the 1992 Constitution vindicate the ideals pursued by Dr. J.B. Danquah, Prof. K.A. Busia and other leaders of the New Patriotic Party (NPP) tradition.
“These leaders laid down their lives, stood for and fought in defense of the constitution (Article 3) fundamental human rights (Article 12) and fair trial (Article 19), the ideals they stood for are not dead and the 1992 Constitution vindicates them,” he said.
Prof. Kludze was speaking at the launch of a book titled, “The Danquah-Busia Tradition in the Politics of Ghana”, authored by Kantinka Kwame Donkor Fordwor, a founding member of the NPP, who served as the party’s Ashanti Regional Chairman from 1994 to1998.
The 420-page book, a first copy of which was auctioned for GH¢ 5,000, traces the nation’s political history from colonialism through independence to modern day Ghana, systematically documenting the contributions of J.B. Danquah, who is described by some political scientists as the ‘doyen of Ghana politics’, Prof. K.A. Busia, former Prime Minister and others in nurturing the Danquah-Busia tradition to become a mainstay in Ghanaian politics.
Prof. Kludze, who was once President of the National Union of Ghana Students (NUGS) in the 1960s, said even though Dr. Danquah never got the opportunity to rule Ghana, his contribution towards intellectual development, rule of law and fundamental freedoms including free speech and promotion of multi-party democracy must never be taken for granted.
He said whilst Osagyefo Dr. Kwame Nkrumah, Ghana’s first President’s vision and contributions towards the development of Ghana is not in doubt, Ghanaians must also be made aware that “Dr. Danquah left behind enduring values for generations to come.”
“I believe if Dr. Danquah had the opportunity to rule this country he could also have built more Akosombos, bridges and motorways...when I read Article 3 and 14 of the 1992 Constitution I know Danquah lives, Busia lives, Dombo lives!”
He bemoaned the rate at which the country’s history continues to be distorted and said there is too much intellectual dishonesty in the system and praised Dr. Donkor Fordwor for his effort, saying “it is going to be a sourcebook for many.”
Emeritus Prof. Yaw Twumasi of the Michigan University, a high school mate of Kantinka Fordwor, who did the first review of the book, said the author was very frank in his assessment of the issues he raised in the book saying “the author gave full recognition to the contributions of Dr. Kwame Nkrumah’s vision as a giant of Pan-African emancipation despite the differences in political ideology.”
Prof. Twumasi said Dr. Fordwor was able to point out the flaws in the administrations of both Prime Minister Busia and President J.A. Kufuor and added “the author was able to show that even though there should freedom of self-expression, it should be consistent with party rules.”
Explaining his motivation for writing the book, Kantinka Fordwor said “in the latter parts of 2006, I observed that the NPP was deviating from the core principles of the Danquah-Busia tradition.”
He said what also motivated him was that loyalty had been placed above merit in the choice of public officials, abuse of office or conflict of interest and the failure of the Kufuor government to properly get rid of or decrease corruption, adding that the book was to serve as a reminder for those in the NPP to keep the Danquah-Busia tradition going.
“I was urged to write this book because I could not hide my disappointment of some of the governments of our tradition. We should all be mindful that personal interests are not placed above individual interests in the tradition.”
Defense opposes request to re-open Ya Na trial
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday December 3, 2010
Lawyers of the 15 people standing trial for the murder of Ya Na Yakubu Andani II, overlord of Dagbon say they are opposing an application by the state to re-open the case to enable them call more witnesses.
After failing on three occasions to present more witnesses, the prosecution on November 5, 2010, officially said it had closed its case in the trial prompting the defense to indicate to the court that it intends to file motion of “Submission of No case”, a request which was granted by the court.
However, on November 23, 2010 the prosecution made a u-turn and announced to the court that it had filed a motion on November 18, 2010 to ask the court to allow them to call more witnesses to testify in the case but the prosecution led by Phillip Addison told the court that the motion filed by the prosecution did not disclose enough information for them to reply.
The prosecution led by Ms. Gertrude Aikins, Director of Public Prosecution (DPP) then agreed to file supplementary affidavit to provide more information to enable the prosecution to reply and the court presided over by Justice EK Ayebi of the Court of Appeal adjourned the case until November 29, 2010 but when the case was called, the prosecution said it had decided to withdraw the motion altogether and filed new processes, this time around very detailed, to get the case re-opened.
The prosecution says it wants to re-open the case because the police has found a secret audio recordings of the Alhassan Braimah, the sixth accused person making confessions to the effect that he (Braimah) killed the Ya Na.
In the new affidavit, the prosecution said it wants to bring five more witnesses including Nsor, an ex-security officer residing in Togo who took custody of the recording; Yakubu Mahamadu aka Anafo who did the recording; Mohammed Sumaila the man who translated the content on the secret tape; Robert Ayalingo, the officer in charge of the case and Professor John Peter French a forensic consultant specializing in the analysis of digital and magnetic recordings, speech and sound.
In the additional summary of evidence, the prosecution says Nsor, Anafo and Braimah were all Dagbon youth who were once trained in weapons handling in Togo in the 1990s to protect the Ya Na against Konkomba aggression.
Interestingly, none of new witnesses were included on the list of prospective witnesses presented by the prosecution before the trial commenced.
Daily Guide has learnt that Ben Nsor Atia was one of the 40 person arrested by the security agencies early this year in connection with the case but was left off the hook after the police had conducted identification and screening exercise.
The content of the purported confession statement which is urging the prosecution to re-open the case is among other things: “Father you trained us…the chief came to kill us and we killed him and cut off his head.”
At the hearing yesterday, Mr. Addison said the defense team has filed affidavit to oppose the prosecution’s request to re-open the case but because a copy of the motion was not on the court’s docket they would need an adjournment to make the process complete.
The DPP did not object counsel’s request and the court adjourned proceedings until Wednesday December 8, 2010, when the motion will be moved by the prosecution.
NDC MP stabs NDC gov’t
Nene Sakite II, Konor of Manya Krobo
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Friday December 3, 2010
THE DECISION by the Electoral Commission (EC) to re-demarcate the electoral boundary between the Eastern and Greater Accra regions to make Akuse, a major town in Eastern region part of Greater Accra is causing an uneasy calm in the area.
The NDC Member of Parliament (MP) for Lower Manya, chiefs and people of Manya Krobo of which Akuse forms an integral part, have vowed to use all legitimate means to stop government and the EC from going ahead to transfer the town to Greater Accra.
Michael Teye Nyaunu said at a charged news conference in Accra Tuesday that “Krobos are getting disturbed about the Akuse issue. It only comes up whenever the NDC is in power. We have been loyal to this party all these years but we now know that there are faceless people in the NDC who are behind this diabolic agenda.”
“In all the eight years of the Kufuor administration, we did not hear about the Akuse issue but in less than two years of the NDC in office, this issue is coming up again but I am assuring all Ghanaians that we are going to fight it legitimately.”
The MP said even though he is always in Parliament, the parliamentary committee on Subsidiary and Legislation which sat to take the decision never approached or invited him to state his case on behalf of people of Lower Manya and said neither the chiefs nor the people were consulted over the issue.
Clad in red armbands and chanting war songs, the people led by their Paramount Chief, Nene Sakite II, Konor of Manya Krobo stormed the Ghana International Press Center in two buses to show their displeasure at the EC’s decision to cede the Akuse electoral area to Dangme west district.
Nene Sakite who was visibly unhappy with the move first read the press statement before Mr. Nyaunu answered questions on behalf of the chiefs and people.
He said the Supreme Court determined the status of Akuse in its latest judgement in July 2008 but there is conspiracy among high ranking personalities to sidestep the judgment and go ahead to cede Akuse to Greater Accra region.
He said when the first NDC government set up a fact finding committee led by the late Nathan Quao to look into the status of Akuse, it came out in 1995 that Akuse belonged to Manya Krobo district and the Supreme Court affirmed it saying “the people vigorously pursuing the cessation of Akuse from Eastern Region to Greater Accra are people who either know little about Akuse or are deliberately attempting to distort historical facts."
“There are individuals in Ghana who seek positions of responsibility and then in gross disregard for law and justice, throw dust into the eyes of the nation only to achieve their selfish desires by paying heavy sums of money to influence people to alter documents or create fake ones behind the back of the law and whatever powers that be are silent, as far as we in Manya Krobo are concerned.”
Nene Sakite said the latest development is “forcing them into extreme provocation” adding “the people of Manya Krobo will enforce and defend Supreme Court judgments of the past as well as latest judgments on the issue.”
Thursday, December 02, 2010
NUGS Suspends 2 Officers
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Thursday December 2, 2010
The National Union of Ghana Students (NUGS) has suspended two of its national officers for allegedly breaching the union’s constitution.
The decision was taken by the central committee which is the second highest decision-making body of NUGS and the affected officers are Patrick Adonoo, NUGS General Secretary and Benedicta Lasi, NUGS International Relations Secretary.
A news release issued in Accra and signed Anthony Abotsi Afriyie
NUGS President accused the General Secretary of addressing a Cuban-Embassy Solidarity campaign without the knowledge of the union and thus brought the name of union into disrepute by lying about the union’s stance during the UTAG strike while the International Relations Secretary was said to have designed and used an illegal letterhead of the union and together with the General Secretary issued a press statement in respect of some international issues without the knowledge of the union.
The release said the central committee of the National Union of Ghana Students (NUGS) is asking two to step-aside for various offenses pending a conclusive report from the Judicial Board.
“This decision was taken at the Central Committee meeting which is the second highest decision–making body in the union convened on the 27th November, 2010 at Zenith University College in Accra. They therefore remain non-executive officers of NUGS until otherwise decided by the Union.”
The release said NUGS is cautioning individuals, organizations and the public that until further correspondence from the union in respect of this matter, anybody who deals with the two in relation to the union would be doing so at their own risk saying “NUGS would not be held accountable in any such situation.”
Reacting to the allegations in a telephone interview, Ms. Lasi accused the NUGS President of being arrogating to himself all executive functions of the union, sidelining everybody and trying to run it as his personal property.”
She admitted attending a Cuban Solidarity Campaign programme on October 27, 2010 but said they were there on the blessings of most of the NUGS executives saying as far as rule are concerned they did not breach any rule.
She said the seven NUGS National Officers came together to print the letter head and could not have done it alone saying “the president is victimizing anybody who tries to challenge his one-sided decisions.”
“The body set up by the President for the so-called investigation is bogus, null and void. They did not even give us the chance to respond to the allegations only to come out with this absurd release. We are still at posts.”
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