Agya Manso Dead

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday November 30, 2011
Peter Alex Mensah, aka Agya Manso, a well-known physically challenged who festoons New Patriotic Party (NPP) flags and other paraphernalia on his wheel chair, begging for alms on some principal streets of Accra is dead.

He was reported to have died at his hometown in the Western Region on Thursday November 24 after a short of illness.

He reported ill after Accra Metropolitan Assembly Task Force members bundled him into a waiting van for allegedly begging, ostensibly because he was holding NPP flag.

According to Paul Kwaku Asaa, a family member who telephoned Daily Guide yesterday, Agya Manso was buried on Monday at Saa his hometown.

Motorists who drive through the Accra’s Museum Road towards the TUC at the Holy Spirit Cathedral traffic intersection are bound to see Agya Manso begging for alms as he sat in his wheelchair with a large NPP flag almost covering him.

Motorists and pedestrians alike fix their gaze on the man when they spot him as his party flag flutters behind him on the wheelchair.

While some engageg him in brief chats others just looked at him and sometimes part with some coins and even notes.

Recently the AMA arrested him after he was accused of begging on the streets and campaigning out of political season.
Agya Manso spoke to Daily Guide exclusively after his ordeal, recounting the harrowing experience he encountered at the hands the city guards.

Asked later, how he came by the name Agya Manso (Father of litigation), he said “I hate to be cheated. I have decided never to tell a lie. That is why I am able to speak my mind freely without fear so as a result of that people think I am a litigant.”

Agya Manso was one of the new breed of Ghanaians who were prepared to use the mass media particularly radio to educate themselves.

He had a ghetto blaster fixed to his wheelchair to listen to the news daily.
“You see I have my radio fixed here on my wheelchair…I listen to the news every hour to know what is going on in the country and how well the NPP is doing. With this, I do not need anybody to tell me the state of affairs in the country.”

“I pray to God that the NPP come back to power and when that happens I have strong belief that Nana Akufo-Addo can put things together for the disabled to also benefit. The NPP needs to work hard to win 2012.”

Agya Manso hailed from Saa near Asankragua in the Western Region.

He lived at the slums popularly called Abuja behind the Cocoa Marketing Board (CMB) headquarters near the Kantamanto Railway Station in Accra. He left behind three children.

STX Boss Offers Settlement To Koreans

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday November 16, 2011.
Once again, the legal tussle over who should lead the construction of the controversial STX Korea Housing projects resumed at the Commercial Court, Accra yesterday but nothing meaningful was done.

When the case was called the trial judge, Justice Gertrude Torkornoo announced that the court had received a letter from Osafo Buaben, counsel for the 1st, 2nd, 5th, and 8th defendants - including STX Engineering and Construction Ghana Limited and STX Construction Company Limited in Seoul - asking the court for permission to enable him attend a Supreme Court hearing.

Carl Adongo representing Bernard Kwabena Asamoah, the man credited for introducing the STX housing deal to the NDC government, as a result told the court that his client has a settlement package for the Koreans.

“We have given counsel (Mr. Buaben) the terms of agreement for settlement”, he told the court, and offered the judge a copy of the document but the judge said “I cannot have a look at this document because it is not filed”.

GKA Airports Company Limited owned by B.K. Asamoah went to court in effect seeking a declaration that the Korean partners are no longer owners of the project, a move the Koreans have vowed to resist.

The Koreans were the first to go to court over who owns the company when they sued B.K. Asamoah, Registrar-General and others for allegedly diluting the company’s shares to GKA Airport’s advantage but the Fast Track High Court presided over by Justice NMC Abodakpi adjourned proceedings sine die because the processes to get the case heard were not completed.

The GKA Airports suit is citing STX Engineering and Construction Ghana Limited and STX Construction Company Limited in Seoul as the 1st and 2nd defendants with Kook Hyun Kim, Su Jou Kim, Daniel Jung, Seong Hoon Kang, Yong Chan Kim, Im-Dong Park, Ji Hoon Hwang and Man Kang as 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th respondents respectively.

The plaintiff is seeking reliefs including a “declaration that by terminating the Joint Venture Agreement and Heads of Agreement, 2nd respondent renounced its membership of 1st respondent.”

They also want a further declaration that by failing to make direct investment in 1st respondent by way of equity contribution, the 2nd respondent “is statutorily barred from taking part in all of 1st Respondent’s operations”.

They want an order of injunction restraining 2nd respondent from holding itself out and/or purporting to act or discharge my functions as shareholders of 1st respondent and another order restraining the 3rd to 10th defendants from holding themselves as directors of 1st respondent.

GKA Airports want further declaration that the resolution purportedly passed by 1st respondent's board of directors at the meeting held on August 18, 2011 to convene an extraordinary general meeting of 1st Respondent is illegal, null, void and of no effect.”

The plaintiff wants a declaration that “the notices dated August 29, 2011 and September 8, 2011 respectively of an extraordinary general meeting of 1st respondent to be held in 1st respondent’s conference room on October 6, 2011 at 4.00 p.m. are illegal, null, void and of no effect.”

Finally, they want another order of injunction “restraining respondents from holding the extraordinary general meeting scheduled to take place on October 6, 2011 at 4:00 p.m. at 1st respondent's conference room.”

However, the defendants (Koreans) fired back disputing the claims of the plaintiff and made counter-claims against the plaintiffs.

In their affidavit in opposition filed October 17 and deposed to by Daniel Jung, the defendants say they have not executed any transfer of its shares neither has the shares been affected by any law or statute.

He said STX Engineering and Construction Ghana Limited was incorporated on November 17, 2009 and the subscribers to its regulation were both STX Construction Company Ltd and GKA Airports Company Ltd adding “the 2nd respondent subscribed to 15,000 shares whilst the applicant subscribed to 7,400 shares.”

“The right of the 2nd respondent as a subscriber to the regulations of the 1st respondent are guaranteed and or prescribed by statute”, the defendants averred.

Even though President John Evans Atta Mills cut the sod in January 2011 for the commencement of the project, boardroom wrangling between the Koreans and their Ghanaian partners has stalled the construction of 200,000 housing units in the country, starting with 30,000 houses for the security services at the cost of $10 billion.

NPP Sued Over Ahmed Arthur

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday November 16, 2011
Three Polling Station Chairmen of the opposition New Patriotic Party (NPP) in the Okaikoi south Constituency have sued the party over the endorsement of Ahmed Arthur as the party’s parliamentary nominee for the Constituency.

Mr. Arthur and another NPP stalwart, Vicky Bright contested the April 30, 2011 NPP Okaikoi South primary for the party but the party’s recognition of Mr. Arthur as winner of the polls has sparked this instant action.

Apart from the NPP as an entity, the plaintiffs - Mark Osapa Yawson, Joseph Amasa Ashie and John Hayford Woode - have also cited the party’s national chairman, Jake Obetsebi-Lamptey, general secretary Kwadwo Owusu-Afriyie and Ahmed Arthur as the defendants.

In their statement of claim, the plaintiffs who are represented by Eric Atieku of Deleric Law Consult, said prior to the contest, the party requested all interested applicants to submit their profiles and other personal information which the two contestants did.

“Among the information to be provided in the nomination form by prospective candidates is ones educational background including previous schools and certificates obtained which were attached to the forms.”

The plaintiffs averred that when Ahmed Arthur submitted his nomination forms, he indicated that he had ‘A’ Level and had done short courses in Public Relations/Management and Journalism at the Ghana Institute of Journalism (GIJ) but did not attach the certificates.

They said in spite of Mr. Arthur’s failure to submit the certificate, the vetting committee set up by the NPP cleared him to contest the Okaikoi South seat for the party in the 2012 parliamentary elections.

According to the plaintiffs, after the primary when the Okaikoi South Constituency executives wrote to GIJ to verify the claim by Mr. Arthur that he had short courses at the institute, the registrar wrote to tell them that Mr. Arthur had no records there.

The plaintiffs say in view of what they called “the obvious false declaration” made by Mr. Arthur, the defendants should have disqualified the co-defendant (Mr. Arthur) before he won the contest.

The plaintiffs averred that later when a committee was set up by the party Chaired by Deputy Minority Leader Ambrose Derry to look into the matter, the committee came to the conclusion that Mr. Arthur indeed made false declaration in his nomination forms.

They said the committee recommended that Mr. Arthur be disqualified and the entire processes start afresh because the previous vetting was defective.

According to the plaintiffs, the NPP on July 4, 2011 directed that nominations be opened for all interested candidates on the same day and close on July 8, 2011 for a re-run of the contest.

The plaintiffs say that since the fourth defendant has been found to make false declaration in his nomination form an act which smacks of fraud, the national council was wrong in upholding Mr. Arthur’s appeal.

“The decision of the National Council therefore ought to be set aside and the fourth defendant disqualified.”

GCB Partners Western Union

Samuel Sarpong, GCB Deputy MD (Operations) in a chat with Samuel Amankwa, GCB Deputy MD (Finance) after the short ceremony.

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday November 16, 2011
Ghana Commercial Bank (GCB), the nation’s premier bank has entered into partnership with Western Union, a worldwide money transfer service provider to offer remittances in the country.

GCB, with 282 service outlets, thus becomes the 11th banking and financial institution to partner Western Union in this direction.

Launching the partnership at a short ceremony in Accra yesterday, the Deputy Managing Director (MD) in a charge of Operations at GCB, Samuel Sarpong said the bank has made significant investments in enhancing its system and technology platform.
“We have leveraged our robust IT platform to introduce a number products and services,” he said.

He said GCB under its ‘Easy Banking’ agenda is offering customers alerts of transactions on their accounts through mobile phones and allowing finance directors of corporations to pay salaries of employees from their offices.

“GCB customers have access to their accounts twenty four seven, thanks to a reliable network of 110 ATM nationwide with close to 99 per cent up time and full benefits of internet banking.”

Mr. Sarpong said GCB has introduced mechanism that is ensuring that the bank offers personal loans within 24 hours and promised the bank’s commitment towards excellence in the banking sector.

“It is the vision of this bank to transform GCB into a world-class bank and we will continue to ride on the back of our robust systems and technology platform to bring the best in banking products and services.”

The deputy MD said the bank’s numerous branches and its solid IT platform would enhance the prospects of the partnership, adding “we have tested our systems over the past few weeks to ensure a smooth take-off.”

Leticia Tagoe, Head of International Banking Division of GCB, said as at October, the bank had mobilized $198, 703, 238 as total foreign exchange from transactions in the money transfer business alone.

“The partnership with Western Union will greatly increase the values and the underlying revenue earned by the bank especially when the need to increase commissions has become very necessary.”

She said the Global Transfer Department of International Banking Division has completed the training of all customer service representatives, systems administrators, operations/retail managers, who are to handle remittances from Western union.

She said the team will also act as the back-up team for all the branches in the resolution of all operational related issues.

PANIC OVER 2012 BUDGET

Dr. Kwabena Duffuor is the Finance and Economic Planning Minister of Ghana
http://www.businessguideghana.com/?p=4915
By William Yaw Owusu

Tuesday November 15, 2011.
There is anxiety over the 2012 Budget statement to be read on Thursday as many organizations continue to hold strong views that the government is going to overspend the budget estimation.

The concerns are borne out of the fact that 2012 is an election year and any extra budgetary spending are most likely to erode the economic gains made so far.

Business Guide has sought to find out from stakeholders about their expectations of the budget and they have all expressed fears that the government is going to overspend the budget in order to maintain its electoral advantage into the elections.

Some were however quick to point out that over-expenditure does not necessarily benefit the party in government as it was proven in the general elections of 2000 and 2008 when incumbents overspent but still lost the contests.

Policy analysis group IMANI-Ghana, Center for Policy Analysis (CEPA), Ghana Association of Bankers (GAB), Ghana Chamber of Commerce (GCC) as well as the National Farmers and Fishermen Award Winners Association shared their views on what they expect to go into the 2012 budget.

The close of fiscal and financial year is about six weeks away but analysts say most of the targets set by the government for 2011 main and supplementary budgets cannot be attained.

Analysts have predicted a pile up of the country’s already over-burdened fiscal deficit which they pointed out, would automatically affect trajectories and estimations of the 2012 Budget.

According to Trading Economic, the Gross Domestic Product (GDP) in Ghana stagnated in the second quarter of 2011 over the previous quarter.

Historically, from 2006 until 2011, Ghana's average quarterly GDP Growth was 1.58 percent reaching an historical high of 5.30 percent in March of 2008 and a record low of -5.10 percent in March of 2011.Ghana has one of the highest GDP per capita in West Africa.

In the Supplementary Budget of July, the government said it needed GH¢1,463,123,559 to tackle specific national issues and programmes including National Flood Control Programme, Sakumono Sea Defence Works, Completion of Nima drains, and the
Construction of Ferry on Black Volta, the School Feeding Programme, Sanitation, removal of Schools under Trees, Education Infrastructure but most of the projects are either uncompleted or yet to commence.

Officials of the Ministry of Finance and Economic Planning are tightlipped on what would go into the budget but Business Guide sources has revealed that about 70 per cent of the 2012 budget would finance infrastructural development.

Furthermore, Finance Minister Dr. Kwabena Duffuor has already reiterated the government’s commitment towards ensuring fiscal consolidation in the 2012 budget.

He has promised that the government would focus on strategic infrastructural projects captured under the China Development Bank (CDB) loan as well as offer support for the private sector and deepen the commitment towards other social intervention programmes.

Kofi Bentil of IMANI-Ghana said “for me, it is not about what is in the budget but the post-budget monitoring that is a source of worry. What we will all have to do is to look at whether they are going to spend according to the budget or they are just going to spend for the purposes of the elections.”

“We expect that there would be spending but what we do not know is whether it would be budgetary or extra-budgetary,” he said adding “we are going to increase the wage bill and we would like to know how that would affect the economy.”

He said he expects the government to use the 2012 Budget to improve roads infrastructure, absorb the single spine, strengthen the National health Insurance Scheme and strategically determine how education spending would be applied.

“The government should also use this budget to “separate oil revenue from the rest of our revenue in order to raise money to cater for other sectors so that we do not over-emphasize oil revenue.”

Asare Akuffo, President of Ghana Association of Bankers (GAB) said the tendency to overspend by governments always destroys the basis of the economy.

“Election years have always been a challenge to our economy where government overspends, inflation rises, interest rates follow then after the election the government tightens its expenditure just to try and reclaim or re-establish stability. It has been a very expensive exercise for this country and it will be a tragedy if we are not able to curb it and we find ourselves going through that cycle again.”

Mr. Akuffo who is also the Managing Director of HFC Bank advised: “What we have achieved to date by this government we should hold on to it jealously and not do anything to disturb it. What we want the 2012 budget to do is to ensure the maintenance of the trend of economic stability. That inflation would be kept low and it would enable interest rates also to continue to show downward trends.

Dr. Joe Abbey, Executive Director of Center for Policy Analysis (CEPA) wants the 2012 budget to tackle infrastructure deficit, promote effective economic development and reduction in rampant labour unrests.

He said “CEPA would like the government to present a budget that sustains growth because the eight percent growth rate is sustainable. The budget should make room for employment creation, and should prioritize the SMEs sector and also address the high lending rate in the financial sector.”

Nana Osei Bonsu, Director-General of Private Enterprises Foundation (PEF) said the foundation has already made inputs into the preparation of the budget and has proposed that the government should facilitate projects that are more viable.

Philip Abayori, President of National Farmers and Fishermen Award Winners Association of Ghana says the rank and file of farmers want the government to establish Agricultural Authority to modernize and facilitate the development of the sector.

He said the budget must support the private sector, build the capacity of farmer-based organisations and then help them to acquire appropriate technology so that they can reduce production cost, compete in both the local and international markets and ensure food security.

STX Case Goes Slows

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday November 2, 2011.
The legal tussle over who should lead the construction of the controversial STX Korea Housing projects resumed at the Commercial Court, Accra yesterday but nothing meaningful was done in court.

This is because when the case commenced, Carl Adongo, counsel for GKA Airports Company Limited, plaintiff in the action told the court presided over by Justice Gertrude Torkornoo that they had just filed supplementary affidavit opposing the defendant’s statement of defence.

The suit filed by GKA Airports Company Limited through its CEO Bernard Kwabena Asamoah; the man credited for introducing the STX housing deal to the NDC government wants the court to determine the rightful partner to execute the project.

GKA Airports Company Limited is seeking to sack the Korean partners from the entire project but the Koreans have vowed to resist any attempt to forcibly remove them.

The Koreans were the first to go to court over who owns the company when they sued B.K. Asamoah, Registrar-General and others for allegedly diluting the company’s shares to GKA Airport’s advantage but the Fast Track High Court presided over by Justice NMC Abodakpi adjourned proceedings sine die because the processes to get the case heard were not completed.

The current suit is citing STX Engineering and Construction Ghana Limited and STX Construction Company Limited in Seoul as the 1st and 2nd defendants with Kook Hyun Kim, Su Jou Kim, Daniel Jung, Seong Hoon Kang, Yong Chan Kim, Im-Dong Park, Ji Hoon Hwang and Man Kang as 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th respondents respectively.

When the case was called yesterday B.K Asamoah represented the plaintiff (GKA Airports) and led by Karl Adongo while the defendants (STX) were represented by Daniel Jung with Osafo Buaben as counsel for some of the defendants.

Mr. Osafo Buaben, representing the 1st, 2nd, 5th, and 8th defendants told the court that it appeared not all the defendants had been served with the processes saying “some of the defendants (3rd, 4th, 6th, 7th, 9th and 10th) at all material times have been in Korea and unless the bailiff travelled to Korea to serve them I do not see how they would know about the action.”

The judge then cut in to say that the court’s record indicated that on October 6, all the respondents were served and added that Mr. Buaben could not hold brief for the defendants that he was not representing.

Mr. Adongo also shared the view of Mr. Buaben about service to the other defendants but the judge insisted that the both counsel could not make a case for them.

Plaintiff’s counsel then told the court that they have just filed a supplementary affidavit saying “It is not willful delay. My client (B.K. Asamoah) was out of the country and returned three days ago and that accounts for the delay.”

The court then adjourned proceedings until November 15, for the case to continue.
GKA Airports Limited is seeking reliefs including a “declaration that by terminating the Joint Venture Agreement and Heads of Agreement, 2nd respondent renounced its membership of 1st respondent.”

They also want a further declaration that by failing to make direct investment in 1st respondent by way of equity contribution, the 2nd respondent “is statutorily barred from taking part in all of 1st Respondent’s operations”.


They want an order of injunction restraining 2nd respondent from holding itself out and/or purporting to act or discharge my functions as shareholders of 1st respondent and another order restraining the 3rd to 10th defendants from holding themselves as directors of 1st respondent.

GKA Airports want further declaration that the resolution purportedly passed by 1st respondent's board of directors at the meeting held on August 18, 2011 to convene an extraordinary general meeting of 1st Respondent is illegal, null, void and of no effect.”

The plaintiff wants a declaration that “the notices dated August 29, 2011 and September 8, 2011 respectively of an extraordinary general meeting of 1st respondent to be held in 1st respondent’s conference room on October 6, 2011 at 4.00 p.m. are illegal, null, void and of no effect.”

Finally, they want another order of injunction “restraining respondents from holding the extraordinary general meeting scheduled to take place on October 6, 2011 at 4:00 p.m. at 1st respondent's conference room.”

However, the defendants (Koreans) fired back disputing the claims of the plaintiff and made counter-claims against the plaintiffs.

In their affidavit in opposition filed October 17 and deposed to by Daniel Jung, the defendants say they have not executed any transfer of its shares neither has the shares been affected by any law or statute.

He said STX Engineering and Construction Ghana Limited was incorporated on November 17, 2009 and the subscribers to its regulation were both STX Construction Company Ltd and GKA Airports Company Ltd adding “the 2nd respondent subscribed to 15,000 shares whilst the applicant subscribed to 7,400 shares.”

“The right of the 2nd respondent as a subscriber to the regulations of the 1st respondent are guaranteed and or prescribed by statute”, the defendants averred.

Even though President John Evans Atta Mills cut the sod in January 2011 for the commencement of the project, boardroom wrangling between the Koreans and their Ghanaian partners has stalled the construction of 200,000 housing units in the country, starting with 30,000 houses for the security services at the cost of $10 billion.

Don’t Blame Us – Top Banker

Asare Akuffo is the President of the Ghana Association of Bankers and MD of HFC Bank.
Posted on: www.businessguideghana.com

By William Yaw Owusu

Tuesday November 1, 2011
Asare Akuffo, President of Ghana Association of Bankers (GAB) has debunked claims that the banking sector is deliberately keeping interest rates high.

He said the dynamics of the economy determines the interest rates that the banks are charging.

The issue of high interest rate vis-à-vis low inflation being recorded of late has generated heated debate with policy makers accusing the banks of deliberately sabotaging government’s effort to bring economic stability.

But speaking exclusively to BUSINESS GUIDE, Mr. Akuffo who is also the Managing Director of HFC Bank said, “it is unfortunate that some people want to blame the banks for high interest rates. They must make statements based on facts.”

He said the central bank as a regulator has enough information on banks to correct this wrong view.

He said, “We determine our base rates and lending rates on our cost of funds and cost of operations plus a margin. The facts are there to show that banks are not taking advantage of their customers.”

Mr. Akuffo said the economic dynamics has created a situation whereby even though inflation is coming down interest rates are still quite high, adding, “we have to take a closer look at the fundamental causes.”

He cited the high cost of doing business including stiff competition for highly skilled and qualified human resource for the banking and finance sector.

“The cost of doing business currently is high. We also have 26 banks which are competing for a limited human resource who are qualified and capable. As a result banks were forced to pay a lot more to keep their best staff. These have combined to make the cost of doing business very high.”

Mr. Akuffo said apart from cost there are various taxes that banks pay saying “we have the stabilization levy. All these things go to add to cost. And as banks too are like other businesses, we must also cover our costs to be able to make a good return for our shareholders.”

“For instance HFC is listed on the GSE with over 2500 Ghanaian and foreign shareholders who expect an acceptable return on their investment. As I speak, the banks are not actually rewarding their shareholders enough.

“Take the recently published Ghana Club 100 you can see that the top 10 performers in terms of profit, there are only two banks who even occupied the eighth and ninth positions.”
The GAB president was optimistic that interest rates would come down with time predicting that the consolidation happening in the banking sector would facilitate the reduction of interest rates.

However, Dr. John Kwakye, Member of Monetary Policy Committee (MPC) of the Bank of Ghana and a Senior Fellow at the Institute of Economic Affairs (IEA), said the banking sector is “highly concentrated” and “dominated by a few large banks.”

“It is because there is not enough competition that is making the banks keep rates high and that makes the consumer pay so much. Once everybody’s rate is high they match each other to keep their rates,” he said.

Dr. Kwakye said even though the BoG changes its prime rates quarterly the banks do not respond to it saying “in all these times that the Central Bank has been reducing the prime rate, it has not transmitted through the system as expected.”

He said so far all that the BoG as a regulator has managed to do is to embark on what he called ‘moral switching’ where the Governor would call the banks and try to plead with them.

“But even on this one they can take it or reject it. As a regulator we have suggested that if the banks are not conforming we should find a way of dealing with the situation so that the downward trend in inflation could make real impact.”

Dr. Kwakye however noted that the banks might have justification in what they are currently doing, saying “they have argued that the cost to the monetary policy which is nine per cent is still high. In that sense they may have some point because when they take deposits of hundred, nine is supposed to be frozen at the Central Bank and it is not remunerated.”

“I must admit that they have very large cost including overhead cost. They pay their staff very high income and this is partly because the fiscal expansion that has taken place in the banking sector has not been accompanied in the same degree building capacity of staff since they all have limited staff and therefore pay the well and therefore factor it into their cost.”

This, notwithstanding, he said the Central Banks should step in and try to regulate the system and not control “because people misconstrue regulation to mean the BoG wants to go back to a system of control” which he said “is unfortunate.”

IGP Beats Retreat

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday November 1, 2011.
The Inspector-General of Police, Paul Tawiah Quaye yesterday beat a sharp retreat when he told an Accra High Court that he has agreed to re-instate 17 policemen who were dismissed from the service in 2007.

The issue of whether or not the 24 dismissed policemen should be re-instated sparked protracted legal battle after 17 of them brought the IGP to court for re-instatement and subsequently initiated contempt proceedings against the police boss in another court for flouting the order of certiorari.

A court presided over by Justice Edward Amoako Asante on October 27, re-affirmed its decision to order the police administration to re-instate the 17 after dismissing a motion by the IGP that sought to set aside the order of certiorari.

Yesterday, when the contempt application was called, DCOP Ken Yeboah, head of the Police Legal Department told the court presided over by Justice Denise Agyei of the Court of Appeal that the IGP had agreed to re-instate the 17 policemen.

DCOP Yeboah pleaded with the court to give the police administration 14 days to enable them to carry out the re-instatement order.

Justice Agyei therefore adjourned proceedings until November 21, for the parties to report to the court on whether or not the order was carried out.

On April 13, 2007, the police administration announced the dismissal of 24 policemen after a Police Enquiry established that they misconducted themselves by allowing the media to cover the bad accommodation problems facing them at the Police Barrack Depot in Accra.

The affected policemen, who were not given a fair hearing at the Police Enquiry sitting, challenged the decision to dismiss them and won the case but the police administration blatantly refused to re-instate them as directed by the court leading to the filing of contempt proceedings against the IGP.

It all started when 30 policemen were brought before the Police Service Enquiry Board on charges of misconduct in 2007 but each of them denied the allegation.

According to the policemen, even though they were questioned, they were not allowed to tell their side of the story or cross-examine the witnesses who testified at the enquiry and later all they heard was that only six had been cleared and the rest (24) given dismissal letters to take effect from May 1, 2007.

Based on this, their counsel, J.K. Yeboah first filed an order of mandamus at the High Court, presided over by Justice N.M.C Abodakpi on June 24, 2009 to compel the IGP to “furnish the applicants with the proceeding that culminated in their discharge within 30 days after the service of this order.”

It took several months for the police administration to comply with the court’s order and when they finally did the lawyer realized his clients had been unfairly dismissed per the proceedings.

He therefore filed a notice for judicial review in the nature of Certiorari under order 55 Rule1 of C.I. 47/2004 asking the court to compel the police administration to re-instate the dismissed policemen.

The respondent (IGP) was served with the processes but his counsel failed to attend court when the application was moved before Justice Asante who quashed the decision by the police administration to dismiss the applicants and also awarded cost of GH¢ 1,000 for each applicant against the respondent.

The police was also ordered to pay all entitlements due the applicants including salaries and allowances from the date of their unlawful dismissal.

However, since October 25, 2010 when the court gave the order, the police administration has refused to comply with the court’s order.