Friday, December 28, 2012

I'M NOT SICK...JOHN DISPELS KIDNEY FEARS


President John Dramani Mahama

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday December 28, 2012.
President John Mahama has denied via a social network, Facebook, that he is undergoing a kidney transplant in South Africa as speculations that he is suffering a renal condition is rife in the country.

His Yuletide “private visit” to South Africa has sparked a flurry of speculations spanning from the esoteric to medical.

The social network intervention appears to have failed to stop the speculations with stories from Dagbon suggesting that his rendezvous on a black cow in Kunbungu near Tamale nearly cost him his life to his nocturnal visits to some Islamic clergyman in this Northern part of the country.

Questions have been posed as to why a President would embark on a private visit to South Africa when he should be at home to share the goodwill of the Yuletide with his compatriots.

What looked like an emergency private visit is reason why all manner of speculations are being adduced to the absence of the Commander-In-Chief from the country.

His Facebook intervention has also suffered a setback as cynical questions about why his spokesperson was sidestepped by the social media channel.

Many with a sense of history could not help recalling what the former late President John Evans Atta Mills suffered in his early days at the helm when he made a visit to South Africa to treat what he said was sinus condition.

Whether the facebook explanation that the President’s South African trip was private and has nothing to do with a renal condition will be closely monitored by the politicized Ghanaian in the coming days perhaps as happened to his late boss.

This was what he posted: “I am not in hospital, I was not flown out for medical attention, and I have not had any kidney transplant.

Yes, I am in South Africa with my wife and children for a private visit, and it is an opportunity for me to spend some time with them.

“Our politics is becoming one that dwells on lies and deliberately concocted issues rather than what concerns our people.

I am hoping that the voice of the people of Ghana in the last elections will soon dawn on us to appreciate the fact that Ghanaians are indeed discerning.”

My beloved brothers and sisters, my family and I take this opportunity to wish you a Merry Christmas, and the very best of the yuletide.

Lordina, my wife, is sending out a Christmas Message in which she is encouraging all to look beyond our individual families and extend a hand of care and fellow-feeling to others who may be disadvantaged in one way or the other.”

“Merry Christmas from me, John Dramani Mahama, your President.”

NPP FILES TODAY



Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday December 28, 2012.
Barely any last minute hitch, the opposition News Patriotic Party (NPP) is expected to file its much awaited suit today to contest the Electoral Commission (EC) declaration of John Dramani Mahama as the President-elect in the just ended general elections.

 According to sources the party will be asking the court to strike out nearly one million illegal votes credited to John Mahama.

The party will be holding a press conference this morning after filing the process at the Supreme Court. “The conference, which will be held on Friday, 28th December 2012, will be addressed by NPP Chairman, Jake Obetsebi-Lamptey; the 2012 Presidential Candidate of the NPP, Nana Akufo-Addo; and Dr Mahamudu Bawumia, the Vice Presidential Candidate of the NPP,” an invitation sent by Nana Akomea, the party’s Communications Director said.

Many anticipated that the NPP was going to file the petition in court at least yesterday since it declared its intention to contest the election results but a party source told DAILY GUIDE that they were taking their time to file “a very complete process.”

On Tuesday December 18, 2012, NPP’s presidential candidate, Nana Addo Dankwa Akufo-Addo indicated in a written letter to the Supreme Court to avail himself of the legal opportunities available to him for redress in the disputed electoral results.

This was after the party’s National Executive Committee and party elders have met on December 11, to declare that the NPP was not going to accept the election results until the court investigated the allegations of fraud in the process.

EC Chairman, Dr. Kwadwo Afari-Gyan on December 10 called the results for President John Mahama in spite of opposition claims that the EC needed to investigate alleged manipulation of figures before the declaration since they suspected the results had been fixed.

According to the NPP, it had evidence that the ruling National Democratic Congress (NDC) colluded with some election officials to fix the results in favour of President Mahama.

In spite of the protest, the EC went ahead to gazette the results on December 11, without taking into consideration, the protest raised by the NPP.

As a result, the NPP has been compiling what it calls ‘hard and compelling evidence’ to prove that the EC indeed massaged the people’s verdict for President John Mahama on December 7.

The delay in filing the petition is causing anxiety among some Ghanaians, particularly, NPP supporters who want the leadership of the party to be decisive on the matter. 

Thursday, December 27, 2012

I AM COMING - NANA TELLS SUPREME COURT


Nana Addo Dankwa Akufo-Addo

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday December 24, 2012.

The opposition New Patriotic Party (NPP) presidential candidate for the just-ended election, Nana Addo Dankwa Akufo-Addo has notified the Supreme Court registry of his intention to challenge the results declared by the Electoral Commission (EC).

Nana Akufo-Addo indicated in a written letter to the Supreme Court to avail himself of the legal opportunities available to him for redress in the disputed electoral results.

EC Chairman, Dr. Kwadwo Afari-Gyan on December 10 called the results for President John Mahama in spite of opposition claims that the EC needed to investigate alleged manipulation of figures before the declaration since they suspected the results had been fixed.

According to the NPP, it had evidence that the ruling National Democratic Congress (NDC) colluded with some election officials to fix the results in favour of President Mahama.

In spite of the protest, the EC went ahead to gazette the results on December 11, without taking into consideration, the protest raised by the NPP.

As a result, the NPP has been compiling what it calls ‘hard and compelling evidence’ to prove that the EC indeed massaged the people’s verdict for President John Mahama on December 7.

Nana Akufo-Addo in a letter he personally signed on December 18, to the registrar of the highest court of the land, James Mensah, and copied to Judicial Secretary Justice Alex Poku-Acheampong was titled “Re: The Supreme Court (Amendment) Rules, 2012 (C.I 74).”

He said: “I am a citizen of Ghana and one of the contestants in the recently concluded presidential election, in which the Electoral Commission, through its Chairman, declared HE John Dramani Mahama as the first-round victor in the evening of 9th December, 2012.”

“The declaration has been set down in C.I 80, ‘Declaration of President-Elect Instrument, 2012’, which was issued by the Electoral Commission under the hand and seal of its Chairman on 10th December, 2012 and notified in the Gazette on 11th December, 2012.”

Nana Akufo-Ado said “Both the Constitution of the Republic in Article 64 and the Supreme Court (Amendment) Rules, 2012 (C.I 74) in S.68 have provided a period of twenty one (21) days after the declaration of the result for a citizen to challenge in the Supreme Court the validity of the result, if he or she so desires, by filing a petition in the Registry of the Supreme Court to that effect.”

He said “I intend to avail myself of these provisions to mount such a challenge. Having regard to the upcoming Christmas holidays, I would, therefore, be grateful if you could promptly confirm to me that the Registry of the Supreme Court will be opened on 27th, 28th and 31st December, 2012, which are normal working days within the statutory period.”

“I am by a copy of this letter notifying the Judicial Secretary of its contents.”

The Registrar, in response the next day to the NPP candidate’s letter which was delivered by hand said, “We write to confirm that the Registry of the Supreme Court will be opened for business on Thursday 27th December, Friday 28th December and Monday 31st December, 2012.”

It said “These are normal working days for the registry and the Judicial Service Administration. The Registry will be opened for business from 8 a.m. to 4 00 p.m.”

Per the correspondence, it was clear that the much-awaited legal tussle would commence anytime soon.

DAILY GUIDE sources hinted that the NPP will the much anticipated petition by the close of the week after the Christmas break with its ‘incontrovertible evidence’. 

MAHAMA MISSING AT NDC VICTORY RALLY


President John D. Mahama

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday December 24, 2012
President John Dramani Mahama was conspicuously missing at what can be deemed as a hurriedly arranged victory rally of the ruling National Democratic Congress (NDC) at the Trade Fair Site in La, Accra on Saturday.

The NDC was forced to issue the directive to party executives nationwide through its General Secretary Johnson Asiedu-Nketiah, to celebrate the controversial declaration of Mr. Mahama as President-elect by Electoral Commission Chairman Dr. Kwadwo Afari-Gyan, after allegations that the December 7 general election was fixed in the NDC’s favour.

At the time the rally was going on, the President was said to be making preparations to fly to South Africa for a private visit deemed to be a holiday.

Indeed, a communication from the presidency signed by John Abdulai Jinapor, the President’s spokesperson, later confirmed DAILY GUIDE’S suspicion.

According to John Jinapor’s statement, the President was expected back in Accra on Sunday December 30, 2012 and therefore will spend the traditional Christmas holidays outside the country.

The statement said, Vice President Paa Kwesi Bekoe Amissah-Arthur in the absence of Mr. Mahama shall; in accordance with Article 60(8) of the constitution, act as President during the period that the President will be away.

PEACE AND INSULTS
Since the results was announced, the opposition has resorted to seeking legal redress after they claimed Dr. Afari-Gyan unjustifiably gave the elections to the NDC.

Nana Akufo-Addo-led NPP has been using dialogue to explain their side of the story to religious bodies and other civil society organizations.

It is clear everybody wants peace in Ghana but what happened at the NDC victory rally leaves much to be desired.

At a time when everybody in the country is crying for peace, that was the avenue for NDC gurus to rain insults on the opposition for not accepting the election result even though the same NDC never accepted the 2004 election results which gave then President John Agyekum Kufuor a second term in office.

Speaker upon speaker took turns to taunt and denigrate the NPP particularly the personality of the party’s candidate Nana Addo Dankwa Akufo-Addo.

Gurus including party Chairman, Dr. Kwabena Adjei, Asiedu-Nketiah aka General Mosquito, National Organiser Yaw Boateng Gyan, Sam P. Yalley among others attended.

Yaw Boateng Gyan who prior to the election had been exposed in a secret recording for plotting with NDC foot soldiers to infiltrate the security agencies did not understand why Nana Akufo-Addo should talk about his nefarious activities.

He warned the NPP flag bearer to stop associating his (Gyan’s) name with violence or else he (Akufo Addo) will urinate in public just as he was rumoured to have done near a mosque in Gonjaland last year.
He claimed that the NPP’s defeat which is a subject of contention was signaled by Nana Akufo-Addo’s fall on stage during a rally in Kumasi in the run up to the elections.

The NDC National Organizer also said that the electorate did not vote the NPP into power because God did not create their flag bearer to be president. 

Although the late President Mills would have sought a second term in office at the same age like Nana Akufo-Addo had the law professor not died, General Mosquito said that the NPP candidate could not have been president because he was too old to do so.

He said Nana Akufo-Addo had no business contesting the election because he was the eldest among the candidates.
Asiedu-Nketiah  said the “class mates” of the NPP candidate have now graduated to the Council of State and urged Nana Akufo-Addo to do same.

He taunted the NPP saying the NDC under President John Mahama was magnanimous and had reserved a seat for Nana Akufo-Addo as a Council of State member but he must first shirk his “all-die-be-die” comment and the free SHS mentality.

Sam Pee Yalley also claimed that the NPP’s decision not to accept the December 7 verdict showed the opposition party is violent.

He said once all the parties signed the peace accord in Kumasi before the elections, the NPP should have accepted the flawed polls.

CATHOLIC BISHOP FROWN ON ADULTERATED CHRISTMAS


Most Rev. Joseph Osei-Bonsu, President, Ghana Catholic Bishops’ Conference 

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday December 24, 2012.
The changing phase of Christmas celebrations has attracted the criticism of the Catholic Bishops Conference.

They say that “In our secular world of today, Christmas seems to be for many people only an occasion for enjoying themselves and for family reunions.”

In their Christmas and New Year message, Most Rev. Joseph Osei-Bonsu, President, Ghana Catholic Bishops’ Conference and Bishop of Konongo-Mampong said “The feast of Christmas these days has been so commercialized and secularized that many people have lost sight of its religious significance.”

“Christmas marks the birth of Jesus Christ, the saviour of the world.  When humankind lost God’s favour because of sin, it took Christ’s death on the cross and his resurrection to restore the broken relationship between man and God.”

The message said “the birth of Christ at Christmas marked the beginning of the process of restoration of the broken relationship.  It marked the beginning of the process of humankind’s salvation.”

The Bishops said that “in the birth of Christ, God came to be with us not just in spirit but in the flesh.  For this reason, Christ is said to be Immanuel, which means ‘God with us’.

Christmas is about the incarnation, about God taking on human flesh, about God becoming a human being.” 

“It is more than two thousand years since Christ left us physically for heaven, yet the peace that he spoke of remains an elusive phenomenon in our world today.  We live in a world beset by all kinds of problems, including wars, even in the Middle East, the birthplace of the Prince of Peace,” the Bishops bemoaned.

“In our own country right now, we are facing severe post-election challenges.  Members of rival political parties have been attacked. Innocent people, including journalists and other media personnel, doing their work have also suffered attacks.  I call on our political leaders, especially those of the two major parties, the National Democratic Congress and the New Patriotic Party, to talk to their supporters to put an end to all violence.  I appeal to all priests, ministers, pastors and all other religious leaders to let the message of peace be part of their preaching in the next few weeks.”

The Bishops said that the time had come for every Ghanaian to make peace a reality, adding “We should always remember that we have only one country called Ghana and that this country is the only home that we have.”

“We do not want to share in the unpleasant experience of the people living in countries where there are conflicts”, adding “We do not want to be refugees in our neighbouring countries.”

The Bishops appealed to everybody especially politicians to avoid actions and inflammatory utterances that have the potential to incite people to violence and war.

Thursday, December 20, 2012

LANDS COMMISSION SWERVED OVER PAYMENTS...SOLE-COMMISSIONER TOLD


Sole-Commissioner Justice Yaw Apau

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday December 20, 2012.
It has emerged that the Lands Commission does not know about compensations paid to claimants as a result of compulsory acquisition of lands by the state even though it is the commission that makes the assessments and recommend payments.

The Commission of Enquiry that is investigating the payment of Judgement Debts heard how some government agencies paid huge sums of monies to claimants without notifying the Lands Commission after the it (commission) had made the recommendations.

The ‘Commission of Enquiry into the payment of Judgement Debt and Akin’ under C.I. 79 to investigate the frivolous and dubious payments of huge monies to undeserving individuals and companies, was appointed by President John Dramani Mahama after public uproar over the payments in what has now come to be termed as Judgement Debts (JD).

Notable among them were payments made to CP (94 million Euros) and the never-ending case of GH¢51.2 million parted to the self-styled National Democratic Candidate (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

Appearing before Sole-Commissioner Justice Yaw Apau at the commission’s last sitting for the year, Acting Executive Secretary of the Lands Commission, Dr. Wilfred Kwabena Anim-Odame told the commission that “when we conduct all the investigations, do our assessments and finally make recommendations to the Ministry of Finance and Economic Planning and the relevant agencies/departments, they do not give us notice that the claimants have been paid.”

He mentioned the Volta River Authority (VRA), Ghana Roads and Highways Authority, Bulk Oil Storage Facility (BOST), Millennium Development Authority (MiDA), Ghana National Gas, Ghana Oil Palm Development Company among others as some of the notable agencies that paid compensation for people whose lands were taken by the state for development but failed to notify them about the mode of payments.

“We have severally sent reminders to these agencies asking them for receipts of payments of compensations but to no avail,” the Acting Executive Secretary said to the chagrin of the Sole-Commissioner.

He said that even though compensations are paid strictly for lands and landed properties that are covered under an Executive Instrument (EI), there had been exceptions in the payments.

“For some project funded activities we have been compelled to pay compensations even though they are not covered under the EI and the Tetteh Quarshie – Mallam Highway funded by MiDA is a typical example.”

Dr. Anim-Odame told the commission that the Lands Commission assessed over 3,000 compensation claims for payment to be made by MiDA.

He said that where a party traditional leader or stools donated lands for national development, it was not classified as compulsory acquisition, adding “we take steps to assist the MMDAs to transfer the titles.”

He said the commission does not have a list of lands donated to the government for development purposes. He however, added that the commission got funding from the World Bank to take inventory of all such properties but it was not completed because the funds could not cover the whole country.

Dr. Anim-Odame told the commission that anytime the MMDAs showed interest in parcels of land, it was up to the Lands Commission to investigate and make recommendations to the government for compulsory acquisition.

He tendered in evidence initial list of compensations paid by the government to claimants since 1993 and added to the list were ledgers and pay vouchers for the payments.

The Acting Executive Secretary however, told the commission that it had been difficult for them to track all the payments due to the fact that documents are not kept properly at his outfit.
“We are not digital, we operate manually and it is a problem for us. We are working hard to get more documents covering the payment of compensation.”

He also explained the functions of the executive secretary vis a vis the Chairman of the commission and the framework bordering on land regulation in the country. 

Wednesday, December 19, 2012

SOLE-COMMISSIONER SEEKS MORE EVIDENCE



Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday December 19, 2012
Sole-Commissioner Justice Yaw Apau yesterday ordered the Ministry of Finance and Economic Planning (MOFEP) to request from ministries, department and agencies all outstanding compensations or judgement debt claims from private entities and individuals to be honoured by the government.

“We want the MMDAs to inform you about compensations or judgement debt claims if they are still holding on to it or those that have not been paid,” Justice Apau said yesterday.

The ‘Commission of Enquiry into the payment of Judgement Debt and Akin’ under C.I. 79 to investigate the frivolous and dubious payments of huge monies to undeserving individuals and companies, was appointed by President John Dramani Mahama after public uproar over the payments in what has now come to be termed as Judgement Debts (JD).

Notable among them were payments made to CP (94 million Euros) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Candidate (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

At its sitting yesterday, Kwadwo Awua-Peasah, Chief Economics Officer representing the Chief Director of MOFEP, told the commission that even though his boss at the maiden sitting had promised to tender in evidence the budget statements of 1993 and 1997, the documents were not ready.

The ministry had already tendered all the budget statements with the exception of 1993 and 1997.

He said: “We are informed that our colleague agencies have the documents so we are contacting them and get them to the commission.”

The chief economics officer also tendered in evidence documents bothering on payments of judgement debts made so far which included 2008, 2011 and 2012 since 2009 and 2010 were already in evidence.

He said the ministry had contacted the Public Records, Archives and Administrative Department (PRAAD) to compile all judgement debts and compensation payments made from 1993 to 2007 for the commission.

When Dometi Kofi Sorkpor, counsel for the commission asked for documents on private companies that received some form of financial support from the government but when it came to final payments the government did not make them pay for the support before final amounts were released, Mr. Awua-Peasah said the ministry was compiling it ‘case by case’.

Taking his turn, Chief Cashier at the Controller and Accountant-General’s Department, William Attipoe, who represented the Controller said he was the officer responsible for effecting payment on behalf of the government both in and outside the country.

He said due to the short notice given by the commission they could not compile all the documents requested.

They, however, were able to tender in evidence documents on payment covering 2009, 2010, 2011 and 2012.

He said the commission could not retrieve documents indicating the payment of judgement debts from 1993 to 2007 and had contacted PRAAD to help them.

He promised to make them available by mid-January.

Sitting continues today.

JJ FIRES TONY AIDOO




Strained relationship! Flt Lt jerry John Rawlings (above) and Dr. Tony Aidoo.

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday December 19, 2012.
The relationship between former President Flt. Lt. Jerry John Rawlings and Dr. Tony Aidoo appears to have hit rock bottom following the trading of invectives by the two persons.

Following an attack on the integrity of the former President earlier his office has hit back at Dr. Tony Aidoo in equal measure describing him as somebody whose actions were designed to please President John Mahama and court his favours.

Secretary to the Office of Mr. Rawlings said in a statement that the comments of Dr. Tony Aidoo who was a deputy Defence Minister under President Rawlings was calculated to cause disaffection between NDC faithful and the ex-President.

“At the meeting with AU Chairman, President Yayi Boni of Benin, the former President intimated that the just-ended elections were well-organised and comparable to the best anywhere in the world. The call for an investigation of the allegations by the NPP was to remove all doubts about an election that President Rawlings is convinced was credible.

“If President Rawlings had no confidence in the elections then why did he congratulate President Mahama and call on him to protect the ideals of the NDC?” Mr. Andoh questioned.

“Criticising Jerry Rawlings was a ruse used by many to win brownie points during the era of President Mills. We cannot continue like this under the President Mahama administration and expect the NDC to move forward.

What does Tony Aidoo have to fear over an investigation when he is convinced the NDC won on merit? And does a call for investigation mean the NPP is right?

We have had one of the best elections in the country since independence and we need to remove the pall of doubt completely so the NDC can manage this country with utmost confidence. 

If anyone has to examine his conscience, it is Dr Tony Aidoo. He has to justify and rationalise his baseless attacks on President Rawlings,” he added. 

Dr. Tony Aidoo hurled the first stone when he charged the former President to search his soul and examine his conscience and tell the truth.

“I am saying and I have said so before that it is about time that Flt. Lt. Jerry John Rawlings actually search his soul and examine his conscience and tell the truth because what he has done to President Mills and the NDC is unforgiveable,” Dr. Aidoo who is the Head of Policy Research, Monitoring and Evaluation at the Presidency, yelled at an Accra-based radio station recently.

The former President’s crime was that he had called on the Electoral Commission not to take for granted the opposition New Patriotic Party (NPP) concerns raised in the just ended general elections.
When AU Chairman and President of Benin Yayi Boni visited the former President, he (Mr. Rawlings) said there was the need for investigations into the concerns being raised by the opposition but Dr. Tony Aidoo was incensed by the NDC founder’s use of the word ‘investigation’.

To him, the former President’s call for investigation created the impression that the Electoral Commission fixed the election in favour of the NDC.

“I am very sad that our own President Rawlings also had to say something to that effect that the activities of the EC must be investigated. There have been several elections that these little flaws and impediments have taken place but under the circumstance when you make statements that it must be investigated, it carries implications that the elections were deliberately mismanaged for the purpose of facilitating the victory (of the NDC)…it is very very irresponsible.”

“Many times people have asked me: What do you know that people do not know? I know a lot but I won’t say it. I am saying: Flt Lt JJ Rawlings should examine his soul and come out and tell the truth because you are hiding something from the Ghanaian people or the public and tell the truth and one day if you don’t come out and tell the people somebody will come out and seriously the little vestige and respect that people have for you will totally disappear.”

“I don’t know what Flt Lt JJ Rawlings has against the NDC. I don’t know…and it is not fair. For three years, give us the evidence of moral wrongdoing within the NDC and can I promise you I am ready to support you like I have supported you in the past 20 years.”

Tuesday, December 18, 2012

JUDGEMENT DEBT COMMISSION RESUMES SITTING


Justice Yaw Apau at the commission on Monday

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday December 18, 2012.
The Commission of Enquiry that is investigating the payment of Judgement Debts yesterday resumed public hearing after suspending sitting due to the elections.

On its maiden sitting on November 28, heads of institutions including the Auditor-General and Chief Director of Ministry of Finance and Economic Planning all appeared before Sole-Commissioner Justice Yaw Apau to give evidence. The Controller and Accountant-General and Solicitor-General were however represented.

The witnesses were not able to tender in evidence all the documents required by the commission and were given time to compile them but it appeared yesterday that due to the volumes of documents to be made available, the witnesses could still not fulfill their promises to provide everything.

A deputy Auditor-General Yao Agyei Sefa, representing the Auditor-General who had promised to furnish the commission a forensic audit report at the maiden sitting, told the commission that the forensic report could not be brought.

He told the commission that they had been able to make available audited reports based on the consolidated fund from 1993 to 1999 and 2002 to 2005 which the Auditor-General promised to submit at the maiden sitting.

He explained anytime special audit is done by the service it was forwarded to the Office of the President and the affected institutions on request.

Mr. Sefa also said that the Audit Service recently conducted what he called ‘Due diligence’ audit adding “We can still look around and furnish you with the other reports.”

When the Solicitor-General, Amma Abuakwaa Gaisie, took her turn she told the commission that due to the volumes of documents to be retrieved, they needed more time.

Per the commission’s instruction, the Solicitor-General is expected to tender in evidence all civil action against the state or any other state institutions with regards to the alleged indebtedness of the state or the institutions involved since the 1992 Constitution came into force and information on how the various suits were handled.

The commission also wants all actions that border on claims or damages (both liquidated and unliquidated) against the state or any of its institution arising from either breach of contract, statutory duties among other things since the 1992 Constitution came into force.

Furthermore, the fact-finding commission wants the Solicitor-General to update it on whether the matter (s) went to court and if yes, whether there were full trials and whether judgements were by consent and how consent were reached.

Finally, the commission wants evidence on whether payments were made per arbitration award or through negotiated settlements and how they were effected.

Mrs. Gaisie told the commission that she had put the compilation of the documents under her supervision and was ensuring that things are done right and on time.

She said she is compiling the instances leading to judgement debts into groups to enable the commission to appreciate the evidence much better.

The Solicitor-General tendered in evidence what she called ‘Table of judgement debts’ from 2009 but they had no suit numbers.

The commission accepted the document and asked the witness provide extensive evidence next time.
Sitting continues today.

Monday, December 17, 2012

NEW TWIST TO JUDGEMENT DEBTS


Rocky Obeng (middle) with Eric Yeboah Nartey and Sefa Debrah, at the news conference.


Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday December 17, 2012
For about a year or so, Ghanaians have been inundated with news about how individuals and companies were paid huge sums of money from state coffers in what has been termed as Judgement Debts.

Notable among them were payments made to CP (94 million Euros) and the never-ending case of GH¢51.2 million parted to the self-styled National Democratic Candidate (NDC) financier Alfred Agbesi Woyome, all of which many believe were dubious and frivolous.

As the debate over the legitimacy of the huge payments raged, a group of young professionals who formed the Centre for National Affairs (CNA) set out to investigate the Judgement Debt saga and have come out with startling revelations about how government officials are even refusing to execute a court order that has been entered in favour of the country.

According to the CNA, what is disturbing about the situation is the fact that they were the once that notified President John Dramani Mahama about a 3 million judgement that Ghana won at the Centre for Settlement of Investment Disputes at the International Arbitration but because some top functionaries of the NDC are in bed with officials of a German company that went to the court in London to demand 140 million Euros from Ghana but failed, the government had dragged its feet in filing to get the money.

“This is a tip of the iceberg. The 3 million Euros is one of many cases we have investigated that our government has been asked by courts -both local and international- to make counter claims but they have refused for reasons best known to them. In fact we have one classic case where about $70 million has been awarded to Ghana but the government is refusing to claim because that company is close to leading members of the government.”

“We are ready to pay dubious judgement debts but where we have also won cases they are refusing to file to claim because it might affect their cronies,” Rocky Obeng, a Policy Analyst at CNA said.

Giving the chronology of events at a news conference in Accra yesterday, Mr. Obeng said “We have always wanted to keep this to ourselves and assist the government to retrieve Ghana’s monies but we realised that the attitude of some government officials and state institutions mandated to do the job leaves much to be desired.”

He said even before President Mahama in early September called on the civil society to demand accountability from the government the CNA had already written to him to tell him about the action taken by the German company called Gustav FW Hamester GmbH & Co KG who owned an entity called West Africa Mill Company (WAMCO) in Ghana to ask the Court of Arbitration to order Ghana to pay them  140 million Euros for breach of an international agreement.

The CAN said the then NPP administration led by its Attorneys General Joe Ghartey and Ambrose Dery challenged the Germans in London 2007 even though before the process started the Germans had requested for an out-of-court settlement which Ghana refused.

“The process was still on course when the NPP left office and the then Attorney General Betty Mould Iddrisu continued till the case was concluded. The court delivered its judgement in 2010 and in dismissing the German’s claim, described the claimant as a fraudulent entity managed by fraudsters.”

The CNA said per the judgement, all that the government needed to do was to raise all the invoices and receipts to enable the court enforce the counter-claim filed by the NPP regime but was never done.

Mr. Obeng said that when the CNA wrote to the President, he (President) ordered the Economic and Organised Crime Organisation (EOCO) formerly Serious Fraud Office in a letter to collaborate with the analysis group to get to the bottom of the matter and the EOCO duly invited them to assist in the investigation.

According to the CNA they got a shock of their lives when on one of their visits to the office of the EOCO they saw a letter on the docket personally signed by President Mahama asking the anti-corruption body to drag the investigations until the December 7 general elections.

According to them, the President has asked EOCO officials to specifically work with the CNA in a manner that ensured that the particular issue did not find space in the media for discussion until after the elections.

Mr. Obeng said as a result of the President’s action, they were discouraged to in assisting state institutions to fight corruption but added that the “frustrations and manipulations” would never stop them from fighting corruption."