GH¢37M COMPENSATION FOR TRADE FAIR LANDS

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By William Yaw Owusu & Belvy Ofori

Friday, May 30, 2014

It has emerged that owners of lands taken by the government to set up the Trade Fair site have not been paid compensation since the acquisition in the 1960s.

The Chief Executive Officer of Ghana Trade Fair Company Limited, Dr. Ebenezer Erasmus Okpoti Komey gave a mind-blowing testimony about how the facility has been under-utilized for years when he appeared at the Commission of Enquiry investigating the payment of judgement debts.

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) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

Dr. Okpoti Komey, who was in a wheelchair due to ill health, told Sole-Commissioner Justice Yaw Apau that the land had been valued and all that was needed was for the Ministry of Finance to approve and issue the cheques but it had never been done.

“The owners of the land have been pursuing us and that is why I am sick. Maybe when the government is able to pay them, I shall get well,” he said humorously.

He told the commission that in March 2006, the Lands Valuation Division of the Lands Commission valued the property at GH¢23.1million and in 2010 it was re-valued at GH¢37million and added that since no compensation has been paid, they were unable to have what he called ‘lease head’.

He added that in November 2008, the Lands Commission directed that an area of 127.60 acres be allocated to the Ghana Trade Fair Company Limited for lease for 50 years when it was restructured to become a limited liability company from an authority adding that “if the compensation is paid we will see our way forward.”

Justice Apau then required from him about the status of a recent announcement that some foreigners were coming to invest in the company, but Dr. Okpoti Komey replied “that was just political talk,” for which the Sole Commissioner also said “I like your frankness.”

The witness said that although the government turned the authority into a limited liability company, the initiative “exists only on paper” since the government over the years had neglected the facility.

He said since the government paid ¢280 million towards the organization of Indutech some years back, nothing substantial had come to them in terms of funds.

The CEO also said at one point a private company called African Lake entered to operate an amusement park but it never materialized even though the Lands Commission gave them a portion of the land which they did not even pay for.

A legal practitioner Samuel R. Brempong also testified and confirmed that his client Florence Tamakloe was paid ¢151 million as judgement debt following a fatal accident caused by a policeman.

Anthony K. Kokroko, a legal officer at the Ghana police Service, assisted by ASP Sheila Gyamfua Kessi also appeared and tendered in evidence documents indicating notices of intention to sue the police.

He said some of the cases were pending in court and could not explain further.

MERCHANT BANK THROWN OUT OVER DISMISSED STAFF

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By William Yaw Owusu

Thursday, May 29, 2014

The Court of Appeal in Accra has dismissed an appeal filed by Merchant Bank Ghana Limited against its union leader Reverend Jonas Koranteng who was unjustifiably dismissed by the bank.

Merchant Bank which has been controversially sold to Fortis Equity Fund and rebranded as Universal Merchant Bank had initiated the appeal process trying to stop the National Labour Commission (NLC) from ordering them to reinstate Rev. Koranteng.

The Verdict

The three-member panel presided over by Justice Victor D. Ofoe with Justices Mariama Owusu and Gertrude Torkornoo supporting, said the NLC where Rev. Koranteng had petitioned for a redress following his dismissal, had done nothing wrong in ordering for a reinstatement.

“We have conducted a rehearing of this appeal by reviewing the evidence as it applies to the applicable laws and we are convinced that the respondent commission did not err when it ordered Rev. to be reinstated.

“Even though its decisions may be described as sketchy, a detailed examination of the case put before it supports its decision to order the reinstatement. We consequently dismiss the appeal as without merit,” the court told Merchant Bank.

Merchant Bank’s Action

Merchant Bank initiated the appeal after one of its powerful union leaders Re. Koranteng had petitioned the NLC and succeeded in getting the commission to order his reinstatement by the bank.

This follows the bank’s decision to dismiss him for what they termed as circulating false information on the intranet with intent to cause disaffection for the board members and other workers of the bank.

Per the Collective Bargaining Agreement (CBA), the intranet is considered part of the bank’s notice board and any breach by a staff comes with its consequences.

The bank had viewed the conduct of Rev. Koranteng as reprehensible and therefore queried him on April 20 and May 7, 2012 respectively to explain his actions which he also responded on April 23 and May 7, 2012 respectively.

The management of the bank not satisfied with Rev. Koranteng’s answers to the query summoned him before a disciplinary committee on May 20, 2012 but on June 1, 2012, the union threatened to go on strike if the disciplinary action against their boss was not discontinued.

The stance of the union was that since Rev. Koranteng’s purported action as complained by the bank was done in his capacity as worker’s representative and union chairman and therefore it was the responsibility of the bank to summon Rev. Koranteng to the Standing Joint Negotiating Committee (SJNC) and not a disciplinary committee.

However, Merchant Bank had a contrary view. It insisted that since Rev. Koranteng first and foremost is a staff and should be taken through the disciplinary committee in terms of the CBA and the NLC per a petition from the union invited the parties for amicable settlement on June 6, 2012.

That notwithstanding, the bank proceeded with the disciplinary action against Rev. Koranteng and terminated his appointment on June 5, 2012, a day before the parties were to appear before the NLC.

On June 20, 2012, the parties testified on their respective cases and were asked to also make written submissions after which the NLC came up with its findings where it ordered the bank to reinstate Rev. Koranteng.

Grounds of Appeal

Not satisfied, the bank appealed against the decision of the NLC in court insisting among other things that “the whole of the decision is against the weight of evidence.”

The bank also insisted that “the respondent commission erred when it failed to comply with Regulation 6, 7and 33 of L.I. 1822,” adding “the respondent commission erred when it failed to appreciate and thereby misdirected itself of the fact that the complainant mis-conducted himself when it failed to appear before the committee of enquiry set up to investigate his misconduct.”

I GOT $4M FOR MY CLIENT - TONY LITHUR

Tony Lithur

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By William Yaw Owusu & Rita Oduro

Wednesday, May 28, 2014

Tony Lithur who represented Calf Cocoa International Ghana Limited in a suit between the firm and the Ghana government yesterday confirmed to the Commission of Enquiry investigating the payment of judgement debts that he secured $4.150,127.50 for his client.

He told the commission presided over by Justice Yaw Apau of the Court of Appeal that the matter ended up in court because the government at the time refused to release about $2.6million to Calf Cocoa for its operations.

 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) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

History

Narrating the incident that led to the judgement debt, Mr. Lithur said “I represented Calf Cocoa International in the suit titled Calf Cocoa International Ghana Limited versus the Attorney General and the suit was preceded by a letter which I had written on behalf of client to the AG requesting for the release of certain funds under a subsidiary loan agreement between the government and Calf Cocoa International.”

He said Calf Cocoa International Ghana Limited is a joint venture company between Carridem Development Company Limited, an investment wing of the 31st December Women's Movement (DWM) and China International Corporation Company for horticultural livestock and fishery. It was a company nominated by the Chinese government to enter into a joint venture agreement with Carridem for the processing of cocoa for export to China.

He said Carridem, an investment wing of the 31^st December Women’s Movement (DWM) owned 45 percent and Calf Cocoa International Ghana Limited had 55 percent and there was a general loan facility between the governments of Ghana and China for certain sums to be disbursed to Ghana.

“Under that general loan facility, several subsidiary loans were entered into in respect of specific areas of the economy. This subsidiary loan was targeted at cocoa processing.  That loan was for a sum of about $8.750million supposed to be part of the complete funding required to set up the factory and start processing,” adding “The difference between $8.750million and the $10million was supposed to be paid by Carridem which in fact, they did.”

Mr. Lithur said the disbursement started before 2000 and by 2003, the factory had virtually been completed and the final tranche of that facility was to be what he called “working capital.”

“From the working capital Calf Cocoa was supposed to be paying for advertisement, cocoa beans, do trial tests and get the company ready for operation. That was when the problem started,” he said, adding “There was some reluctance on the part of the Ministry of Finance to disburse the amount.”

He said the working capital was $2.6millionand added that the ministry had said they would not pay the amount directly to Calf Cocoa and that Calf Cocoa should enter into a sales agreement with Cocobod for the purchase of cocoa beans and the money will be paid directly to Cocobod.

Mr. Lithur said Calf Cocoa’s position was that the cocoa beans was only a portion of the outstanding disbursement and it still required the funds to do other things and the stalemate led to the issuance of a writ against the government on September 8, 2005.

He also said by the time the suit was instituted, the factory had deteriorated because it had been lying without being operated for a while and during the case at the Commercial Court in Accra, the amount that was accepted by the court as constituting the cost of taking the factory back to an operable state was $1.7million.

“The court in the end delivered judgement in favour of Calf Cocoa and ordered them to pay the following sums: The undisbursed amount was $1.8million. The court further awarded damages which was the material cost for replacing parts at $1.75million.”

He said further that the court awarded interest at $3.5million till the date of final payment and that interest was calculated and the figure came to $600,127.65 and that brought the total sum to $4.150,127.50.

He said “quiet resoundingly, the court on March 5, 2008 took the view that the state was at fault and it awarded substantial damages against the state. Those sums have been paid. In total, the state was ordered to pay $4.150, 127.50 million.

He said initial payment of the principal judgment    debts was made at $3.550, 000 was made based on instructions from the ministry adding “The AG’s attention was drawn to the fact that the interest of $600,000 had not been made and it was also made subsequently.”

Mr. Lithur said the amount that the government should have disbursed was $1.8million and cost of reinstating the factory which was additional award made was $1.75 million and in addition was the accrued interest of  $600,127.65 and a cost of GH¢5,000 so the difference would be about $2.3.

Dometi Kofi Sorkpor (counsel for the commission): Were you able to fathom out the reason why the said amount which happened to be the capital was not released by the government to Calf Cocoa?

Tony Lithur: It was a little difficult to understand at the time. I don’t know what was going through the officials mind. We were clear that it was beginning to sound as if there were improper motives behind the refusal to release the money pursuant to the agreement both parties had signed.

Sorkpor: What in your opinion, should governments be doing as far as some of these matters are concerned?

Justice Apau (interrupts): Are you seeking his opinion?

Tony Lithur: I was actually going to decline…My instructions were lawyers’ instructions.

GH¢1.1M PAYMENT FOR ASAFO INTERCHANGE POPS UP

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By William Yaw Owusu

Friday, May 23, 2014

It has emerged at the Commission of Enquiry investigating the payment of judgement debts that the government paid GH¢ 1.1million to one Nana Kwame Bediako even though his name does not appear on a contract document the state signed with a construction firm.

However, the Ministry of Roads and Highways appeared before the commission to tender in evidence letters that indicated that the said Nana Bediako of Wonder Properties was given a power of attorney to negotiate on behalf of Messrs Sarroch Grandulati/Gelfi Joint Venture which was arbitrating with the ministry concerning the construction of Asafo Market interchange in Kumasi.

Yesterday, representatives from both the Bank of Ghana (BoG) and the Controller & Accountant General’s Department testified on the issue but none was able to point out the role played by Nana Bediako even though, the two institution had processed the payment of the GH¢1.1million to the claimant as judgement debt.

BoG’s processing

Lesley Akrong, an Assistant Director at the Banking Department of BoG flanked by Saviour Kudze of the Legal Department of BoG confirmed that indeed the central bank processed the payment on the authorization of Controller & Accountant General’s Department.

“We investigated and chanced upon some correspondence from the Ministry of Finance and Economic Planning, the Attorney General and Ministry of Justice and Awoonor Law Consultancy directing the Controller to facilitate the payment and the cause of the payment was in respect of a contract dispute between a joint venture company and the Ministry of Roads and Highways.”

He said the directive was for the BoG to pay from the account of the Ministry of Justice into Nana Bediako’s account at Zenith Bank in respect of Sarroch Grandulati/Gelfi Joint Venture.

The Controller

Andrews Kingsley Kwame Kufe, a Deputy Controller flanked by Gomda Abdul Samad, a lawyer for the department said documents available indicated that the request to pay GH¢1.1million judgement debt payment was made in September 2010 and MoFEP directed them to process the payment.

He said the cost of payment was in respect of a contract dispute. However, evidence at the commission showed that the sort of dispute and the people involved were not stated.

Mr. Kufe said on the letter authorizing the payment, it was clearly stated that GH¢2.3million should be released to Sarroch Grandulati/Gelfi Joint Venture while the GH¢1.1million was given to Nana Bediako.

Setting Records Straight

The picture became clearer later, when Owusu Sekyere Antwi, Director of Bridges at the Ghana Highway Authority (GHA) testified and explained to the commission how Nana Bediako’s name came into the transaction and how he was paid GH¢1.1million.

He said letters written especially in 2010 by Sarroch Grandulati/Gelfi Joint Venture stated clearly that they were appointing Awoonor Law Consultancy as their lawyers and Nana Bediako, who some of their correspondence described as a sub-contractor, as their power of attorney in the arbitration process with the government.

He said the payments had been done on the instructions of Sarroch Grandulati/Gelfi Joint Venture.

340,000 Palaver

The representative of the BoG also testified on the payment of GH¢340,000 as compensation for land acquired by the government for the Ministry of Food and Agriculture at Adaklu Abutia in the Volta Region.

Mr. Akrong said the central bank had the instruction from the controller to pay the amount from a Canadian Grant Account into the ministry’s account at ADB in Cedi House in 2010.

He said the GH¢340,000 was part payment of the GH¢581,267 grant and added that the central bank was not privy to the names of the beneficiaries of the amount authorized.

Sole-Commissioner Justice Yaw Apau then said the commission was making arrangement to invite the Ministry of Food and Agriculture to explain who benefitted from the amounts withdrawn.

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) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

NO SHOW AT ABUGA PELE TRIAL

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By William Yaw Owusu &  Rita Oduro

Thursday, May 22, 2014

The much-touted trial of the former National Coordinator of National Youth Employment Programme (NYEP), currently known as Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) and Philip Akpeena Assibit could not proceed once again at the Accra Financial Court because one of the defence lawyers was indisposed.

As a result, the trail judge, Justice Afia Asare-Botwe had to adjourn proceedings until Thursday, June 5 and Friday, June 6 for the third prosecution witness (PW3) to be led in evidence.

The case was slated for this week after the prosecution indicated they were not ready with the next witness when Mrs Gladys Ghartey, current Head of United Nations Systems at the Ministry of Finance and Economic Planning concluded her cross-examination.

On May 5, the court was forced to adjourn proceedings because the machine used to record the proceedings broke down.

Yesterday, when the case was called, Thaddeus Sory, a defence lawyer, told the court that he had information that his colleague Raymond Bagnabu could not make it in court due to ill health.

The judge then suggested today since the case had already been booked but the prosecution noted that they would not be able to make it on the date.

“We are not sure we will be able to make it tomorrow. The witness was in court today but is not in a good condition to avail himself,” Evelyn Keelson, a Principal State Attorney told the court.

Accused persons

Incumbent Member of Parliament (MP) for Chiana-Paga, Abuga Pele and Philip Akpeena Assibit, Chief Executive Officer of Goodwill International Group (GIG), are standing trial for their various roles, which the Attorney General’s Department said, had cost huge financial loss to the state.

Until last year, Abuga Pele was the National Coordinator of National Youth Employment Programme (NYEP), now the GYEEDA.

He is accused of willfully causing financial loss to the state to the tune of GH¢3,330,568.53 while Assibit is being tried for defrauding the state of an amount equivalent to $1,948,626.68.

The two have pleaded not guilty and are currently on bail.

Charges                                               

The NDC MP is facing six counts of willfully causing financial loss to the state under Section 179A (3) of the Criminal Offences Act, 1960 Act 29, two counts of abetment under Sections 20(1) and 131(1) of the Criminal Offences Act, 1960 (Act 29) and one count of intentionally misapplying public property, contrary to Section 1(2) of the Public Property Protection Act, 1977 (SMCD) 140.

Mr. Assibit, who is the first accused person on the other hand, is facing six counts of defrauding by false pretences contrary to Section 131(1) of the Criminal and Offences Act 1960 (Act 29) and five counts of dishonestly causing loss to public property contrary to Section 2(1) of the Public Property Protection Act, 1977 (SMCD) 140.

Prosecution’s Facts

According to the prosecution, in 2009, Abuga Pele was appointed the National Co-ordinator of NYEP, a social intervention programme to provide job opportunities to unemployed youth.

He was subsequently said to have been introduced to Philip Akpeena Assibit somewhere in 2010 as someone who could help the NYEP meet some of its objectives.

Soon after the meeting, Abuga Pele was said to have, on behalf of the NYEP, entered into a MoU with GIG represented by Philip Assibit.

The prosecution said contrary to the normal practice, the MoU was signed on behalf of the NYEP by Abuga Pele without any recourse to the then sector Minister, Akua Sena Dansua or the Attorney-General.

Under the MoU, the NYEP was described as the “Host” and GIG as a ‘Strategic Partner.’

The parties agreed to “combine their labour, properties and skills for the purpose of engaging in resource mobilization, investor sourcing, management consulting, capacity building, career development and training services, among others,” according to the prosecution.

GIG was responsible for resource mobilization and undertook to provide preliminary funds for the development of the programme.

The parties, according to the prosecution, agreed to share profits equally.

The prosecution, however, noted that there was nothing on record in terms of business proposals or documents forming the basis of engaging GIG as a Strategic Partner.

Between May 2011 and May 2012, Assibit was said to have made a number of payment claims for consultancy services allegedly rendered to the NYEP.

The representations were noted to have been supported by Mr. Pele, who used them as the basis for justifying, recommending and approving a total amount of GH¢3,330,568.53, the equivalent of $1,948,626.68, to Assibit.

Abuga Pele was alleged to have claimed that Assibit’s work had directly resulted in a $65million World Bank facility for the NYEP.

The prosecution, however, disclosed that all these representations were false and that GIG was never appointed a consultant to NYEP, while Assibit did not provide any exit plan and strategy for NYEP modules.

Apart from that, he allegedly did not conduct any financial engineering for the approval of a World Bank facility of $65million since there had not been any approval by the World Bank for the facility.

In August 2012, Assibit was said to have been paid an additional GH¢835,000 under the guise of what was referred to as tracer studies for the World Bank which he did not deserve, the prosecution said.

AVEYIME LIVESTOCK COMPENSATION PAID

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By William Yaw Owusu

Wednesday, May 21, 2014

The Ministry of Finance and Economic Planning yesterday confirmed compensation payment to the Carmichael Family in respect of the Aveyime Livestock project in the Volta Region.

According to Kwadwo Awua-Peasah, the ministry’s Director in charge of External Resource Mobilization (Bilateral), the payment was done in two batches totaling about GH¢2.6million.

The ministry made the confirmation at the ongoing Commission of Enquiry that is investigating the payment of judgement debts.

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) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

Payment Instruction

Mr. Awua-Peasah said it was eminent jurist Justice V.C.R.A.C. Crabbe who wrote a letter on the instructions of the President in 2009 to release the money to the Carmichael Family.

He said documents available indicated that the first payment of GH¢3.2million was authorized on April 28, 2009 while another amount of GH¢530,628.44 was released as the final batch of payment on May 27, 2009.

The witness further told Sole-Commissioner Justice Yaw Apau of the Court of Appeal that about $240,000 was paid as solicitor fees and exchange rate loses were stood at about GH¢530,000.

It emerged that the order for the payment was made on January 6, 2009 and the compensation was denominated in Ghana Cedis but the solicitor fees was in dollars.

Justice Apau then said the commission was waiting for the Attorney General’s Department to “brief us properly on the sort of property acquired by the state and how the amount for the solicitor was denominated in cedis.

Mr. Awua-Peasah also testified on outstanding debts owed service providers, contractors and other clients by the ministry and its allied institutions.

He said there are currently about 52 such service providers, contractors as well as other clients and the outstanding debts were carryovers from the fiscal year.

He said the ministry was working hard to settle all it debts and appealed to clients especially contractors to exercise patience with them.

BOST Takeover

Mr. Awua-Peasah again testified in the compensation claims by the Ntwea Family in Western Region where the Bulk Oil Storage Transportation (BOST) is expanding its facilities at Atwere Boanda.

He said as far as the ministry was concerned, there was no documentation covering the transaction but added that it could be due to the fact the BOST is a limited liability company and might have negotiated without the government’s input.

He also told the commission that the ministry’s lawyer who had information the transaction between Balaji Gemlast and Ghana Consolidated Diamonds Limited was out of the jurisdiction and asked for more time before complaining bitterly about how he was misquoted in the media the last time he appeared before the commission.

Ntwea Family

Subsequently, Mark Kakraba Ampeh, Chief Executive Officer of Goldstreet Real Estate Consult who handled the valuation assessment for the Ntwea Family in the BOST compensation claim testified at the commission.

He said E.I. 35 was issued to cover the 185.30 acres of land taken by the government for the BOST project and the value stood at GH¢4.951,386 with 10 percent professional fees.

Mr. Ampeh said after a counter evaluation by the Lands Commission the final assessment was pegged at GH¢4.4million and the family has since received the compensation.

Asafo Interchange

Later, Owusu Sekyere Antwi, Director of Bridges at the Ghana Highway Authority (GHA) told the commission that the Messrs Sarroch Grandulati/Gelfi Joint Venture versus Ministry of Roads and Highways concerning the Asafo Market interchange in Kumasi was completed.

He said the project which was started in 2004 was completed commissioned in 2008 with certificate for the payment issued in November 2007 while the adjoining pedestrian footbridge which was left undone by Sarroch Grandulati/Gelfi was also completed and commissioned last year.

AG BEFORE JUDGEMENT DEBT COMMISSION

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, May 20, 2014

A representative from the Attorney General’s Department yesterday appeared before the Commission of Enquiry investigating the payment of judgement debts to explain the circumstances leading to payments made to claimants.

Mrs. Dorothy Afriyie-Ansah, a Chief State Attorney confirmed to the commission presided over by Justice Yaw Apau of the Court of Appeal that the family of Victor Adu Nyarko, then nurse with the Holy Family Hospital at Nkawkaw was paid compensation.

She however, said the AG was yet to locate the file of a case involving Kwasi Agyei and two others whose vehicle collided with a military fire tender around Kintampo, leading to the deaths of two people.

She also said her office was yet to receive a subpoena from the commission in respect of Sarroch Grandulati/Gelfi Joint Venture versus Ministry of Roads and Highways concerning the Asafo Interchange in Kumasi although Dometi Kofi Sorkpor, counsel for the commission had said there was proof of service of the subpoena.

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) and the never-ending case of GH¢51.2million parted to the self-styled National Democratic Congress (NDC) financier, Alfred Agbesi Woyome, both of which many believed were dubious and frivolous.

Kwadwo Awua-Peasah, the ministry’s Director in charge of External Resource Mobilization (Bilateral), testified at the commission last week to confirm that they processed GH¢15,975.20 as compensation for the family of the deceased Victor Adu Nyarko, then nurse with the Holy Family Hospital at Nkawkaw.

The commission had heard that when some soldiers were critically injured in a road accident, Mr. Adu Nyarko who studied Nursing in the United Kingdom, was asked to accompany them to 37 Military Hospital, Accra by air but the plane crashed in the Atiwa Forest killing all those on board.

The families of the deceased soldiers were paid compensation but Mr. Adu Nyarko’s family was discriminated against by the military.

Alidu Fuseini, Chief Director of Ministry of Defence flanked by Group Captain Mike Kwame Appiah-Agyekum had testified that documents available indicated that families of the deceased soldiers were paid compensation but they did not have any record indicating Mr. Adu Nyarko’s family got any compensation.

Group Captain Appiah-Agyekum had told the commission that any civilian who uses military aircraft, vehicles and other equipment was mandated for complete what he called an indemnity form and that absolved the military from any liability should there be an accident adding “the case of the nurse lies in the legal realm.”

Mrs Afriyie Ansah confirmed the GH¢15,975.20 paid to the deceased family and said “there is no breakdown. It was a lump sum that was recommended.”

Asked by the Sole Commissioner how the AG came by the total amount, the Chief State Attorney said they based their calculation on assessments done in previous cases.

In a related development, Peter Abban, a claimant who had gone to court to obtain judgment debt under the claim that his property was demolished when the Kanda Highway in Accra was constructed is to appear before the commission today.

Evidence available to the commission indicated that although he did not deserve compensation per documents at the Department of Urban Roads, he succeeded in taking home over ¢2billion from the government.

MoFEP CONFIRMS PAYMENT TO CHOPPER VICTIM

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By William Yaw Owusu

Friday, May 16, 2014

The Ministry of Finance and Economic Planning has said it compensated the family of a civilian who died in military helicopter crash at the Atiwa Forest in the Eastern Region in 2002.

According to Kwadwo Awua-Peasah, the ministry’s Director in charge of External Resource Mobilization (Bilateral), the family of the deceased Victor Adu Nyarko, then nurse with the Holy Family Hospital at Nkawkaw was paid GH¢15,975.20 as compensation.

It emerged that when some soldiers were critically injured in a road accident, Mr. Adu Nyarko who studied Nursing in the United Kingdom, was asked to accompany them to 37 Military Hospital, Accra by air but the plane crashed in the Atiwa Forest killing all those on board.

The families of the deceased soldiers were paid compensation but Mr. Adu Nyarko’s family was discriminated against by the military.

Last week, Alidu Fuseini, Chief Director of Ministry of Defence flanked by Group Captain Mike Kwame Appiah-Agyekum of the Ghana Air Force testified at the Commission of Enquiry investigating the payment of judgement debts and admitted that in cases where a civilian who died in helicopter crash in Atiwa Forest in the Eastern Region and his family never received compensation from the military.

Group Captain Appiah-Agyekum said documents available indicated that families of the deceased soldiers were paid compensation but said they did not have any record indicating Mr. Adu Nyarko’s family got any compensation.

He had told the commission that any civilian who uses military aircraft, vehicles and other equipment was mandated for complete what he called an indemnity form and that absolved the military from any liability should there be an accident adding “the case of the nurse lies in the legal realm.”

Yesterday, the MoFEP official told Sole-Commissioner Justice Yaw Apau of the Court of Appeal that after the family of Adu Nyarko had written to the Ministry of Defence for compensation and the ministry referred their letter to MoFEP who in turn wrote to the AG for assessment before settling on the amount.

Records at the commission indicated that the actual petition was had been filed on August 2, 2006 and request for compensation filed on July 19, 2007 but because the response delayed, the family through a lawyer sent a reminder before the final payment was made.

Justice Apau then remarked that judging from the caliber of the professional that Ghana lost, the amount paid to Mr. Adu Nyarko’s family could not be said to be adequate but once the family did not complain the matter should rest.

Mr. Awua-Peasah flanked by Samuel Aboagye-Amoa-Esa, legal counsel for MoFEP also promised to compile the list of services rendered to the ministry by companies and individuals for which payment had still not been done.

Kwesi Bentsi-Enchil, Chief Valuer at the Lands Commission also appeared and promised to submit companies and individuals for which payment had still not been done.

The commission made it clear that all other ministries departments and agencies would also be required to submit a list of companies and individuals for which payment had still not been done.

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) 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.

BNI FAILS TO APPEAR BEFORE JUDGEMENT DEBT COMMISSION

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, May 13, 2014

The Bureau of National Investigations (BNI) yesterday failed to appear before the Commission of Enquiry investigating the payment of judgement debts.

Also failing to appear at the commission sitting presided over by Justice Yaw Apau were the Ministry of Finance and Economic Planning (MoFEP) as well as the Ghana Revenue Authority (Customs Division).

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) 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.

The BNI was scheduled to give details to the commission on pending cases filed against them as well as notices of intention to sue as mandated by law.

When the case was called, the commission’s counsel Dometi Kofi Sorkpor informed the Sole Commissioner that the intelligence agency had notified them that they could not make an appearance due to other official engagements.

“I received a call this morning from one of their officer informing us that in view of the handing over of the out-going National Security Coordinator to the in-coming one, they are unable to be here.”

He said the BNI had requested for a new date and were expected to make an appearance on Wednesday.

According Mr. Sorkpor, MoFEP had also written to inform the commission that a solicitor they were expecting to testify in the between Balaji Gemlast and Ghana Consolidated Diamonds Limited was not available.

In the case of Customs Division of the GRA, they were expected to testify in the Construction Pioneer (CP) versus the Government of Ghana judgement debt payment but Mr. Sorkpor said “we have not heard from them.”

As a result, Sole Commissioner Justice Yaw Apau of the Court of Appeal had to apologise profusely to journalists who were covering the proceedings and promised to expedite action on the cases in subsequent sittings.

“We are going to disappoint you today. All the witnesses have either travelled or have other assignments,” Justice Apau said before adjourning proceedings until today.

GOV'T SACKS WORKERS FOR IMF BAIL-OUT

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday, May 9, 2014

It has emerged that the government of President John Dramani Mahama is going to commence the mass retrenchment of public sector workers beginning next year, under a killer International Monetary Fund (IMF) bail-out programme for the country.

The retrenchment exercise is under the dictates of the IMF - an idea the National Democratic Congress (NDC) government has already gleefully agreed with the Bretton Woods Institution in exchange for the killer bail-out.

The Trades Union Congress (TUC) has already kicked against any IMF bail-out in any form suspecting that it could only be a Trojan horse because of its strict conditionalities.

Sources said the proposes National Economic Forum by the Mahama administration will be used to push through the IMF proposals to give it a legitimacy after messing up the economy especially in the events leading to the 2012 elections. 

Sources have hinted DAILY GUIDE that the proposed National Economic Forum by the Mahama administration would be used to push through the IMF proposals to give it legitimacy, especially in the events leading to the 2012 elections.

Investigations by DAILY GUIDE revealed that a policy document titled “Economic and Financial Policies for the Medium Term” dated April 14, 2014 is going to be the blueprint for the exercise which is likely to spark labour agitations soon.

The IMF during its January visit to Ghana warned of dire consequences if the country did not come out with a comprehensive report on the way forward for salvaging the economy.

That report is ready and it is with the IMF for review and possible implementation.

The report also mentioned about imposition of more taxes including the possible hike of the current 17.5percent Value Added Tax (VAT).

Home-Grown Policies

The document which contains what the Mahama-led government describes as ‘Home-grown Policies’ was formally submitted by the government to the IMF during the recent IMF spring meetings in Washington DC, United States.

Report

On the issue of ‘Rationalization of government employees’, paragraph 86 of the government’s medium term policy document lent credence to the fact that the retrenchment exercise was imminent.

“Consistent with the Single Spine Pay Policy (SSPP) objective of enhancing productivity of the public service, Government will undertake an exercise to rationalize public sector staff to ensure right-sizing of the public sector. This exercise may involve an option for voluntary retirement. A current situation analysis will be undertaken in 2014 the results of which will inform the form the rationalization will take. The actual rationalization of staff is expected to begin 2015,” the report said.

May Day Blackmail

On the eve of May Day celebration, NDC General Secretary, Johnson Asiedu Nketia, warned workers that the government might have to lay off public sector workers if salaries were increased and what was clear was that the NDC had already taken a decision to lay off workers even before wage negotiations were concluded.

However, the Finance Minister in his presentation of the outlines of the government’s home-grown programme to Parliament just before the IMF Spring Meetings conveniently failed to mention the government’s decision to lay off workers.

Sharing With Outsiders

The question an economic expert (who wants to remain anonymous) asked was that “why is the government comfortable with sharing its detailed plans for the economy with the IMF while at the same time hiding such plans from the Ghanaian public?”

“The desire by government to keep the people in the dark about the real state of the economy as well as its plans to address the on-going economic crisis caused by the 2012 election over spending can be seen by the apparent attempt by the Government of Ghana to prevent the IMF from publishing its assessment of the economy following the Article IV Consultations with the IMF this year,” the expert said.

Unprecedented Move

Information available to DAILY GUIDE however, suggests that the government has for the first time in the country’s history, refused to grant the routine consent for the publication of the 2014 Article IV consultations with the IMF and the expert asked “why and what does the government have to hide?”

National Economic Forum

Based on its agreement with the IMF, the proposed National Economic Forum scheduled for next week Tuesday at Akosombo is ostensibly to rubber stamp the deal with the IMF and present it as a consensus document. So that in the event of public outcry the government will quickly say it was agreed at the Akosombo meeting.

However, in the light of the latest information the question is what is the essence of this Forum when the government has already decided on the programs it is going to roll out to stabilize the situation?”

Interestingly, the government in its policy document communicated to the IMF had indicated that it has already adopted a medium term framework of policies and structural reforms to transform the economy (2014-2017) as stated in paragraph 1 of the document.

Comprehensive Stabilization

“The Government of Ghana has adopted a comprehensive stabilization and reform programme to correct the imbalances that have occurred in recent years and lay the foundation for transforming the structure of the economy and safeguard its positive medium term prospects,” the document emphasized.

“If the Government has already ‘adopted’ a set of policies and reforms to implement between 2014 and 2017 (including the retrenchment of workers) then what is the purpose of convening a National Economic Forum to deliberate on what to do?

“This development suggests that the Government is being disingenuous and that the supposed National Economic Forum is really intended to be a public relations exercise and provide a fig leaf for the NDC government to pursue it’s already decided policies such as the retrenchment of workers.

“Again, it is puzzling that the government can call stakeholders to a National Economic Forum when it is unwilling to share external assessments of the state of the economy with stakeholders,” the expert pointed out.