DRAMA AT EC PROBE

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday February 28, 2018

There was drama last Thursday at the Chief Justice Committee currently investigating Electoral Commission (EC) Chairperson, Charlotte Osei and her two deputies for alleged abuse of office and conflict of interest, DAILY GUIDE has learnt.

This was after some political party treasurers subpoenaed before the committee to testify for a counter-petitioner, allegedly developed ‘cold feet.’

Counter-Petitioner’s Request

The subpoena had been issued at the instance of the counter-petitioner - Emmanuel Senyo - a non-EC staff, who wants Mrs. Charlotte Osei’s two deputies (Amadu Sulley, in-charge of Operations and Georgina Opoku-Amankwaa, in-charge of Corporate Services) impeached.

Sources claimed that Mr. Emmanuel Senyo’s petition was directed at Amadu Sulley, whom he is alleging pocketed money from the political parties to the detriment of the commission.

Apart from treasurers of the political parties, Mr. Emmanuel Senyo, also reportedly subpoenaed Dr Joseph Kweku Asamoah, the EC Director of Finance, who is currently on interdiction on the orders of Mrs. Charlotte Osei in the matter of the EC Endowment Fund being investigated by the Economic and Organised Crime Office (EOCO).

Mrs. Charlotte Osei was also subpoenaed by the counter-petitioner.

According to sources, National Democratic Congress (NDC) Director of Elections, Samuel Ofosu Ampofo, was also subpoenaed but after his testimony, the rest who were all treasurers from the various political parties, allegedly informed the committee that they did not want to testify for the counter-petitioner.

No Information

They reportedly insisted that they were not provided with any information as to what they were to testify to before the five-member committee, presided over by Justice A.A. Benin of the Supreme Court.

The committee, notwithstanding, was of the view that the witnesses, who are public officers, needed to assist the ongoing probe that could lead to the impeachment of the EC bosses and therefore ordered Mr. Emmanuel Senyo’s lawyer to meet the witnesses and prepare a witness statement for each of them, including Mrs. Charlotte Osei.

Original Petition

The whole action was triggered by a petition sent to President Akufo-Addo by Lawyer Maxwell Opoku-Agyemang, who was acting on behalf of some unnamed staff of the EC, who were seeking to trigger impeachment proceedings against Mrs. Charlotte Osei.

A barrage of allegations were leveled against Mrs. Osei, including spending GH¢3.9 million to partition an office, receipt of a bullet-proof Toyota Land Cruiser from the erstwhile Mahama-led NDC government, spending about $14 million for district offices renovation when the Public Procurement Authority (PPA) had authorized her to use only $7.5 million, as well as attending Cabinet meetings under President John Mahama’s administration, among others.

Counter Petition

In the ensuing heat, Mr Emmanuel Senyo, who DAILY GUIDE understands relates James Kofi Afedo, the EC Communication Consultant who doubles as an NDC youth activist for the ‘Movement for Mahama,’ filed a counter petition to the president against the two deputy commissioners.

Even before the counter-petition was filed, Mrs Charlotte Osei, through her lawyers - Sory@Law, who are also the commission’s external solicitors - had hit back at her accusers, insisting that she had not been corrupt or abused her office and rather accused her two deputies of deliberately scheming to frustrate her stay in office.

In the process, she accused her Operations Director (Amadu Sulley) of transferring votes illegally in the run-up to the crucial 2016 general elections - an act seen by constitutional law experts as treasonable.

She had also accused Amadu Sulley of pocketing a huge amount of money from some political parties, saying in her initial statement, “the Deputy Chairperson Operations collected funds above GH¢6m in cash from some political parties for the organization of party primaries without recourse to the structures of the commission, and without the involvement of the finance department of the commission.”

Sulley’s Reply

Amadu Sulley did not take issues lightly when he was accused of pocketing GH¢6 million from the parties.

“I don’t understand the motive of the Chair (Charlotte Osei) to come out now to make this unfortunate allegation against me and the Deputy Chair, Finance/Administration (Georgina Opoku Amakwaa).”

He also accused Mrs Charlotte Osei of sidelining him in the daily operations at the EC and even said he was taking legal advice before concluding with a sarcastic statement: “if you tell one lie you need a thousand lies to cover!”

Mrs. Charlotte Osei and her two deputies are being investigated under Article 146 of the 1992 Constitution.

Apart from Justice Benin, other members of the probe committee include Justices Samuel K. Marful-Sau and Agnes Dodzie - both of the Appeals Court - as well as Welbeck Abrah Appiah, former Chief Executive of the Ghana Premier League Board (PLB) and Rose Karikari-Annan, Executive Secretary, Ghana Employers’ Association (GEA).

MDU UNHAPPY WITH INCREASE IN STEVEDORE COMPANIES

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By William Yaw Owusu

Wednesday February 28, 2018

The Maritime Dockworkers Union (MDU) of the Trades Union Congress (TUC) has expressed concern about the sharp increase in stevedore companies in the country’s ports.

The MDU said the increase in the number of stevedore companies has not translated into cargo throughput which would create more jobs.

“It is not a prudent business decision to have an increase in the number of registered stevedore companies without a corresponding increase in the cargo throughput which raises questions,” the MDU said in a resolution after the 62^nd session of the National Executive Council of the union held in Tema recently.

The MDU said that it “has noted that there has been a worrying development of a drastic increase in the number of stevedore companies to operate in our ports,” adding that “there were seven operational stevedore companies before additional 13 new companies were registered in recent times by the Ghana Ports and Harbours Authority (GPHA) to swell the number to 20 stevedore companies, which translates into about 300 percent increase in the number of stevedore companies to undertake stevedore operations in our ports.”

“The possibility exists that the number of registered stevedore companies may continue to increase. 

Currently, four shore handling companies have been registered to undertake the operations previously handled by one company.”

“We regard stevedore operations as an important local content aspect of the maritime industry, which provides employment to over 2,000 workers.”

“The decision relating to the stevedore companies would affect stevedore operations negatively resulting in significant job losses.”

“Already, some of the stevedore companies have initiated measures to downsize labour through redundancies while others are transforming permanent workers to casual workers,” the statement said.

“The MDU Council holds the view that the increase in the number of stevedore companies would lead to unhealthy competition among the stevedore companies, which would affect the efficiency of our ports, when our ports are not efficient, it will affect their capacity to compete globally.”

The MDU also expressed concern about what it calls “the political interference by governments in the operations of the maritime industry, which has the tendency to affect the efficient operations of the maritime industry.”

The MDU has been sidelined by policy makers concerning policy decisions that relates to the maritime industry.”

According to the MDU, “Though overtime work is voluntary as per the Labour Act, maritime business which runs on a 24-hour work schedule survives on overtime work and that makes overtime compulsory for maritime employees.”

As a result, the union wants the government to, as a matter of urgency “save the dying stevedore companies from total collapse by reviewing the policy of increasing the number of stevedore companies without due regard to the capacity of the ports and the level of increase in the cargo throughput of the ports.”

JJ FIRES NDC OVER ABUGA PELE REMARK

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday February 27, 2018

Former President Jerry John Rawlings has observed that the unguarded utterances of some key figures of the National Democratic Congress (NDC) are going to make the party stay in opposition for a very long time.

Mr Rawlings, who is the founder of the NDC, said a few leaders of the party are in the business of justifying corruption and wrongdoing, which almost everybody is against, and noted that that is going to make things difficult for the political grouping.

Nii Lante’s Vow

Mr Rawlings was reacting to NDC Member of Parliament (MP) Edwin Nii Lante Vanderpuye’s statement to the effect that when the NDC wins the 2020 general elections, it will set incarcerated member, Abuga Pele, free.

Abuga Pele, who was a former National Coordinator of the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA) – now Youth Employment Agency - and until recently the NDC MP for Chiana Paga in the Upper East Region, was sentenced to six years in jail last week alongside the Chief Executive Officer of Goodwill International Group, Philip Apkeena Assibit, who was given 12 years for causing financial loss to the state in a $4 million scandal.

In the ensuing reaction, Nii Lante Vanderpuye, NDC MP for Odododiodioo Constituency in Accra, during the party’s Eastern Regional ‘unity walk’ – which featured former President John Mahama last Saturday - told Citi FM that the NDC was working hard to win the general elections in 2020 and release Abuga Pele.

He said specifically, “It is unfortunate, but I can only say that this will not dampen the spirit of the NDC. Between 2001 and 2004, they sentenced Tsatsu Tsikata, Dan Abodakpi, Ibrahim Adam and Kwame Peprah. It did not stop us from winning elections in 2008. We are going to win the elections and bring Abuga Pele out.”

JJ’s Tweet

Former President Rawlings reacted via social media platform - Twitter - to the MP’s comment, saying political power cannot be used to free the guilty.

“Stealing and corruption put no one above the law. Those who have committed crimes deserve to be punished,” he said, adding, “If the quest for political power is to release wrongdoers from prison, then the NDC is laying its own foundation to remain in opposition for a long time.”

He said, “Fortunately, this kind of talk belongs to a handful of people in the NDC leadership who have gained power and influence they do not deserve; and the sooner they are packed off, the better for the NDC and this country.”

Mr Rawlings posited, “Obviously, the corruption by some of those who were in office, resulting in a humiliating defeat in the last elections, does not appear to have affected their conscience and reasoning in anyway.”

Moral Compass

He said the NDC had lost its ‘moral compass’ and needed to find it without any further delay.

“The NDC needs to regain its moral compass. A party born out of the explosive circumstances of our past should not find itself so high on the scale of corruption.

“Just as the negative elements in various parties are networking to protect their misdeeds, so also must the positive-minded personalities and supporters in the various parties also network to contain and keep such elements from political power,” he said.

The former president added, “While the current circumstances favour patriotic forces the most, the unpatriotic elements are more bent on collaborating and exploiting the constitutional climate.”

In what appeared to be subtle election tutorials aimed at NDC foot soldiers, Mr Rawlings charged, “Let’s make changes for the better. Clear the bad and retain the good. Bring on board other patriots.”

MAHAMA CRIES AGAIN OVER FREE SHS

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday February 26, 2018

Former President John Dramani Mahama’s attempt to once again run down the Free Senior High School (SHS) policy being implemented by the New Patriotic Party (NPP) government has been exposed.

He said at Somanya in the Eastern Region last Saturday that the Akufo-Addo-led government is struggling to meet its statutory payment obligations and other financial commitments and claimed that it was due to the implementation of the Free SHS policy which commenced in September last year.

Fiscal Space

Mr Mahama specifically told National Democratic Congress (NDC) supporters after the party’s ‘unity walk,’ The problem this government is facing, and it is in their own interest, is that Free Senior High School is absorbing all the fiscal space they have and so almost every money you have, you are having to put it into Free Senior High School.

“So you can’t pay District Assemblies Common Fund, you can’t pay NHIS (National Health Insurance Scheme), you can’t pay GETFund (Ghana Education Trust Fund), you can’t pay other salaries and things because all your money is going into Free Senior High School.”

GIFMIS Records

However, a status report generated by the Ghana Integrated Financial Management Information System (GIFMIS) as at Tuesday, 20th February on Statutory Funds appears to rubbish the former president’s claims that the government is struggling to meet its financial obligations on payment to statutory institutions.

The end of year (2017) payments structure showed that the three critical areas namely, DACF, NHIL and GETFund as mentioned by the former president, do not appear to have statutory arrears as payments are made on time ever since the NPP government took over from him and his NDC administration.

A source said that regarding the DACF, the total amount of GH¢1,001,331,630.18 required by the assemblies was paid in 2017, while the GH¢1,115,375,298.57 for the NHIS was also honoured in the same year.

The NPP government’s obligation to GETFund, which was GH¢557,683,442.28, was also honoured in 2017.

Payment Processing 

“Since January, 2018 we have paid almost all the outstanding for the last year. It takes about six to 10 weeks to reconcile all the revenues, which come in to enable us establish the amounts to be released; that is why there is about an eight-week lag, but we are on course,” the source said, adding, “So it a falsehood that we are not making  any payments.”

According to the source, Mr Mahama appears still bitter about the implementation of the Free SHS by his political opponent - President Akufo-Addo - and stated, “Almost all statutory institutions were starved of funds during his tenure,” (referring to Mahama’s administration).

He also said that the NPP government has “paid arrears of over GH¢600 million mainly to contractors as at February 2018.”

Free SHS Concerns

Mr Mahama is once again, displaying his abhorrence for the free SHS policy, which many experts have said is serving as a catalyst for development.

He told the NDC supporters that the policy is being implemented in “ad hoc manner,” and claimed the Akufo-Addo NPP government did not have any guidelines for the implementation of the policy.

“For a programme that is so fundamental, you have no guidelines (and) you are just implementing it in an ad hoc manner...when we say this you say we are naysayers..,” he told the crowd.

NDC OSTRACIZED MY WIFE AND I SAYS RAWLINGS

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday February 26 , 2018

Former President Flt Lt Jerry John Rawlings has stated that the National Democratic Congress (NDC) which he founded ostracized him and his wife former, First Lady Nana Konadu Agyemang Rawlings.

He said the party he bequeathed to the late Prof John Evans Atta Mills and former President John Dramani Mahama did the same thing to the new Special Prosecutor Martin Alamisi Burns Kaiser Amidu.

In a reaction to the swearing-in of Mr Amidu as Ghana’s First Special Prosecutor at the funeral of renowned scientist Professor Francis Kofi Ampenyin Allotey at the State House, Accra on Friday, the former President said the NDC ‘avoided’ a man of integrity like Mr Amidu.

“To think we could have utilized somebody like Martin Amidu many years ago from Prof. Mills to our friend John Mahama,” he said, adding “instead we avoided him, we ostracised him the way we do with people like my wife and I.”

He said it took the courage of ‘somebody’ (in reference to President Nana Addo Dankwa Akufo-Addo) who does not share the ideals of the NDC to realize the potential of Mr Amidu and said the President deserves commendation.

“It takes somebody from a party completely opposed us, Nana Akufo-Addo to come and appoint him, not as a Minister of State but as Special Prosecutor. We ought to give him credit.”

The former President extolled the virtues of Mr Amidu, a former Attorney General and said he is going to restore integrity in the governance of the country.

“He (Mr. Amidu) will help to clean up the situation. He’s going to help us restore integrity back into governance that you can’t get into government and with impunity, steal and corrupt institutions and get away with it. If you don’t trust Martin Amidu, then don’t trust anybody.”

He also focused his attention on what clearly looks like an NDC-induced suit at the Supreme Court being spearheaded by NDC MP for Bolgatanga East Dominic Ayine regarding Mr Amidu’s age, saying the action is an insult to the people of Ghana.

“Do judges stop thinking? Judges can stay on till they are 70. The President is above 70 and I am as well. It’s an insult. Maybe there’s something wrong that needs to be changed as far as those figures are concerned. He’s a man to be very proud of,” Mr. Rawlings said.

LOOTERS RUNNING AWAY…AMIDU HINTS

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday February 23, 2018

Incoming Special Prosecutor Martin Alamisi Burns Kaiser Amidu has hinted that some individuals have allegedly begun going into exile.

He said there was no need for anybody to leave the country if that individual has not committed any offence.

“There is no need for any citizen to go into exile as some are alleged to have done, or to contemplate or fear my approval and pending appointment as Special Prosecutor, so long as that citizen has not seriously violated any law worth investigating or prosecuting in the national interest under my remit,” the former Attorney General said in his latest article to the media.

The title of the article, ‘My parting thoughts as citizen vigilante,’ appears to be his last ‘epistle’ before he resumes office as Ghana’s first Special Prosecutor.

Capricious Exercise

He noted, “The 1992 Constitution protects every citizen from capricious exercise of discretion, and I will ensure strict compliance with the letter and spirit of the 1992 Constitution in protecting the citizen’s rights...,” and promised that he was not going to touch any individual who has not offended the law.

‘Perceptions’

Mr Amidu turned his attention to elements of the opposition National Democratic Congress (NDC) who are pushing him to apologize for saying that the corruption allegations he leveled against then President John Mahama were ‘perceptions.’

He insisted that the fact that he told the Appointments Committee of Parliament during his vetting that his articles against the former president were based on ‘perceptions’ did not mean those allegations of massive corruption were not true.

“I wish to say my response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality,” he explained.

Partisan Questioner 

The former Attorney General said he used the word ‘perception’ just to protect his sources, insisting, “I could not have given facts of corruption allegations in my articles to a partisan questioner without revealing or naming my informants and other sources and collection methods as a Citizen Vigilante.

“An in-depth acquaintance with the Philosophy and Methods of Research will show that perceptions and opinions need not be based on conjecture or non-facts or illusion,” he pointed out, adding, “Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods, giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain.”

Article Three 

According to the former Attorney General, Article 3 of the 1992 Constitution “would be hopeless if constitutional activists could not protect their sources and collection methods of information disclosing breaches of the Constitution and suspected commission of crime, and in particular, corruption offences.

“In the protection of my sources and collection methods as Citizen Vigilante under Article 3 of the Constitution, I used the words ‘perceptions’ and ‘opinions’ to stand for the intelligence acquired from my sources and collection methods; my perceptions and opinions were formed from real human sources and other real collection methods and therefore, could not have been based on conjecture.

Parting Thoughts 

He added, “I am writing these parting thoughts because the hearing was widely publicized, and many viewers and readers may not be well versed in the philosophy of research, research methodology, security and intelligence studies and conflict resolution studies.”

Mr. Amidu said it was important to “dispel in the matter of the debate whether perceptions and opinions are necessarily based on only speculation, or illusion or non-reality or non-fact.”

Quasi-judicial Officer 

He said he was probably firing for the last because “from the moment I take my oath of office, I will be a quasi-judicial officer enjoined to act impartially and independently in the execution of my duties.

“My voluntary acceptance to be appointed Special Prosecutor imposes upon me strict compliance with the Code of Conduct and Ethics of the legal profession in which I am viewed as an officer of the court, whether in or outside the courtroom while I remain in office. In view of my acceptance, there will of necessity be a change in the way I will exercise the plentitude of my cherished rights as a citizen in accordance with Article 3 of the Constitution.”

Presidential Meeting

The former Attorney General and Minister for Justice said that since he met President Akufo-Addo on 9th January, 2018 for a nomination confirmation discussion and accepted the potential nomination for consideration for approval by parliament, he considered himself a potential public servant and stopped his ‘citizen’s constitutional defence activism.’

“As I put it at my approval public hearing, the nomination gagged me from speaking or writing in the press as a private citizen would,” he stressed.

According to Mr Amidu, “It is in this spirit that I have taken comments and criticisms arising from my responses to the Appointments Committee of Parliament at my approval public hearing on 13th February 2018.”

EC IN DISARRAY…CHARLOTTE OSEI GIVEN ULTIMATUM

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday February 22, 2018

The embattled Chairperson of the Electoral Commission (EC), Charlotte Osei, has been accused of running a ‘one-man’ show - failing to carry along other commissioners.

The EC boss is said to have refused to hold meetings with other six commissioners to discuss the way forward for the independent electoral body.

According to information available to DAILY GUIDE, the commissioners have not held a single meeting for about a year in clear breach of the EC Act 1993; and activities at the state institution appear to have been put on hold currently.

No Meetings 

DAILY GUIDE understands that it is the duty of Mrs Charlotte Osei to convene meetings to deliberate on the activities of the commission, but she had allegedly refused to do so, leaving her colleague commissioners very frustrated.

As a result, one of the commissioners, Ebenezer                   Aggrey-Fynn, has written a strongly-worded memo to the chairperson, asking her to arrange a meeting with immediate effect to enable the commission to carry out its functions.

He gave the EC boss a one-week ultimatum, failure of which he said he was going to use every legal avenue to get the matter settled.

The memo - a copy of which is in possession of DAILY GUIDE - was written on February 16, 2018 and was copied to Mrs Osei and her deputies in-charge of Operations and Corporate Services, as well as other members of the commission.

Constitutional Breach 

The memo is suggesting that Mrs. Charlotte Osei is running the commission as a sole commissioner, contrary to the 1992 Constitution.

According to Mr Aggrey-Fynn, a similar letter he sent to Mrs. Charlotte Osei on August 21, last year to enquire about the reasons for the failure to hold commission meetings fell on deaf ears.

“My memo dated 21^st August, 2017 on the above subject refers. Regrettably, I am yet to receive an acknowledgement of it nor seen any action on the content,” frustrated Mr. Aggrey-Fynn said.

Mandatory Provision 

He drew the attention of the chairperson to Section 6 (1) (Act 451) - The Electoral Commission Act 1993 - which states that “The Commission shall meet at least once every two months.”

He said the EC boss should know that “the members of the commission are held jointly and severally for the actions and inactions of the commission.”

Sole Commissioner 

The worried commission member said, “It is sad to note that you (Mrs. Charlotte Osei) have positioned yourself in a manner that suggests that you are a Sole Commissioner, contrary to the 1992 Constitution.”

Demand Notice 

“I am by this memo demanding that you call a commission meeting immediately to enable the commission to carry out its functions,” he declared.

He indicated, “Failure to hear from you by 23^rd February, 2018 on my request, will leave me with no option than to explore other options of compelling you to do so to enable me perform my constitutional mandate as a member of the commission.”

Frosty Relationship 

The public uproar that ensued following a series of petitions and counter-petitions filed against Mrs. Charlotte Osei and her deputies - Alhaji Amadu Sule (Operations) and Mrs Georgina Opoku-Amankwaa (Corporate Service) - gave an indication that all is not well among the commissioners.

It is public knowledge that some of the commissioners, including Mrs. Charlotte Osei, are not on talking terms and it was evident when she led the EC team to face a parliamentary committee last year.

Some of the commissioners are also reportedly required to fill the visitor’s form anytime they want to see Mrs. Charlotte Osei.

Chief Justice Committee 

Currently, a five-member committee presided over by Justice A.A. Benin of the Supreme Court is investigating the EC chair and her two deputies as prescribed under Article 146 of the 1992 Constitution.

The whole action was triggered by a petition sent to the presidency by Lawyer Maxwell Opoku-Agyemang who was acting on behalf of some unnamed staff of the commission who were seeking to trigger impeachment proceedings against Mrs. Charlotte Osei.

A litany of allegations were leveled against Mrs. Osei, including spending GH¢3.9 million to partition an office, receipt of a bulletproof Toyota Land Cruiser from the previous government, spending about $14 million for district offices when the Public Procurement Authority (PPA) had authorized her to use only $7.5 million, as well as attending Cabinet meetings under President John Mahama’s administration, among others.

Counter Petition

In the ensuing heat, Emmanuel Senyo, a non-EC staff, filed a counter petition to the president against the two deputy commissioners - Amadu Sulley and Mrs. Opoku-Amankwa.

DAILY GUIDE understands that Mr. Senyo relates James Kofi Afedo, the Communication Consultant working with the EC.

Kofi Afedo, a known member of ‘Movement for Mahama’-  a partisan group - was hired by Mrs. Charlotte Osei and allegedly paid him thousands of dollars.

NANA SERIOUS ABOUT CORRUPTION SAYS RAWLINGS

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday February 20, 2018

Former President Flt. Lt. Jerry John Rawlings has noted that the selection of Martin Alamisi Burns Kaiser Amidu as Special Prosecutor is an indication that President Nana Addo Dankwa Akufo-Addo is serious about fighting corruption in the country.

Mr. Amidu, a former Attorney General and Minister for Justice - who is a key member of the National Democratic Congress - (NDC), subject to parliamentary approval, is expected to become Ghana’s first Special Prosecutor - an office created in fulfillment of the New Patriotic Party (NPP) manifesto pledge.

He underwent about eight hours of vetting before the Appointments Committee of Parliament last week and sources say he received overwhelming endorsement by members of the committee.

So far, it is Alhassan Suyuhini, NDC MP for Tamale North, who claimed on radio that he voted against Mr. Amidu’s approval; but the massive support for the incoming prosecutor appeared to make his eventual approval a mere formality.

Serious President

Former President Rawlings, in a meeting with the Ambassador of Japan, Tsutomu Himeno, said, “The appointment of Amidu as Special Prosecutor from outside his own party shows the president is serious.

“It vindicates some of us,” he said, whilst making a case for Japan’s continuous assistance to Ghana.”

He maintained, “No developed country should hold back in assisting our country to improve the lives of our people.”

International Matters

The former president also discussed issues of globalization and the current world order with the Japanese Ambassador.

“The inequalities created by capitalism and the impunity of political power may be leading to the emasculation and helplessness of the mass of people on the one hand and on the other, it will no doubt and definitely be triggering outrage, anger and hatred which translate into acts of violence, suicidal tendencies, terrorism and pockets of political instability,” Mr. Rawlings said.

He said Japan is holding on to its enviable position as a leading developed country because Japanese culture prohibits impunity.

“Others need to learn a few lessons from countries like Japan, China, South Korea and a few others that have held on to the humility of power. The culture of respect for the people is what has helped to prevent the arrogance of power,” he emphasized.

“Though our culture of respect is not supposed to be any different, we have not been able to prevent impunity.”

The former president said, “It is about time we woke up to the negatives of the savagery of capitalism and tyranny of the misuse of wealth.”

Mr. Rawlings extended a message of good wishes from his family to Emperor Akihito and his family as well as Professor Hishashi Owada, former diplomat and currently a member of the International Court of Justice.

Numerous Projects

Responding, the Japanese Ambassador recounted the numerous projects his government has been embarking on in Ghana and said the people of Japan are appreciative of the relationship with Ghana.

He mentioned the role being played by the Noguchi Memorial Institute and the untiring effort of the Japan International Cooperation Agency (JICA) as some of the efforts of the government of Japan.

Congratulatory Message

In the heat of Mr. Amidu’s nomination by the NPP government, the former president, who is the founder of the NDC, sent a congratulatory message to President Akufo-Addo on rising above ‘partisanship’ to appoint Mr. Amidu, whom he described as ‘fearless’ and ‘a highly principled citizen.’

Mr Rawlings had said Mr. Amidu is the right person for the job, explaining, “Mr. Amidu has proven to be a fearless anti-corruption crusader whose pursuit of truth and justice has won him national admiration. The President couldn’t have made a better choice.”

JUDGES FIRE ATUGUBA OVER ‘BOGUS’ REPORT

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday February 19, 2018

A said controversial research finding released by former Executive Secretary of ex-President John Mahama has riled top judges in the country.

Prof. Raymond Atuguba of the Faculty of Law, University of Ghana, released the findings last week which indicate that Ghana’s Supreme Court judges decide political cases taking into consideration the governments that appointed them.

The judges, led by Chief Justice Sophia A.B. Akuffo, are however, not taking kindly to the outcome of the research by Prof. Atuguba - who is a nephew of Supreme Court judge William Atuguba - and have expressed their disapproval in the strongest terms.

Controversial Findings

Prof Atuguba, who traced the voting patterns of Supreme Court judges from 1993 to 2018, said he analysed 100 political cases settled by the highest court, saying it revealed that on matters “where the law is not clear the judges were divided along the ideologies of the political parties that appointed them.”

According to him, 14 out of 22 National Democratic Congress (NDC) appointees to the Supreme Court had given judgment in favour of the NDC whilst 13 of the 16 judges appointed by the New Patriotic Party (NPP) gave judgements in favour of the party.

Judges Wild

Leading the charge, the Chief Justice said Prof. Atuguba’s work is alien to Ghana and appears to fault the premise for the whole research.

“It is an American type of research that you have done...that’s fine, but please be careful what you are importing into our environment,” she cautioned, adding, “They (Americans) are used to that, we are not. I don’t think there was a single judge who agreed with what you were saying.

“Under the Constitution, a judge will be appointed during somebody’s time...and that somebody will belong to one party or the other.”

The Chief Justice confronted Prof. Atuguba during his presentation of the findings at the 2018 GIMPA Law Conference where some superior court judges were in attendance last Thursday.

She insisted that matters are decided by the top judges in line with the law and said they are supposed to be ‘sound and factual.

The CJ cautioned the law lecturer not to introduce ‘alien practices’ into the Ghanaian setting.

Insulting Findings

A Supreme Court judge, Justice Jones Victor Dotse, who was present at the presentation of the research findings, did not hide his disappointment when he said the entire research is an affront to the judges.

“You are entitled to your views,” he told Prof. Atugaba, adding, “I think it is an insult of the highest order.”

Justice Irene Charity Larbie of the Court of Appeal said Prof. Atuguba’s research is a direct attack on the integrity of justices of the Supreme Court.

Atuguba Counter-Attack

However, Prof. Atuguba was adamant, saying he was not the least surprised that there was negative reaction to his findings.

“Words are just nothing to me,” he said, adding, "The first time I did a critical analysis of the police the next morning eight fully armed officers were dispatched by the IGP to arrest me from my office,” he claimed.

"What should we do with these analyses? Should we stop doing them, should we have another way of funneling it to the public, what should we do?" he asked rhetorically.

"I will never insult anyone, not to talk of the judges, I am engaged in a critical analysis of our political institutions (and) critical analysis always meets opposition," he noted.

“It is not a coincidence that this happened...and it will soon be discovered by the general populace and it may be too late then to gain public trust and respect for the court. The time to act is now,” Prof. Atuguba urged.

Public Opinion

Justice Francis Emile Short, former chairman of the Commission on Human Rights and Administrative Justice (CHRAJ), asked Prof. Atuguba to publish the research findings, saying it would elicit constructive critique from the academia.

"Publish it...I would like to see it," he told Joy FM on Friday, claiming, “Academic research is useful if we can critique the methodology."

He said, “It would be critical to find out how a case was determined as political and how the researcher reached the conclusion that a judge favoured the appointing authority. If the conclusions are valid, then there are lessons to be learned.”

Atuguba’s Support

Prof. Stephen Kwaku Asare aka Kwaku Azar, a United States-based Ghanaian law don who has been leading a crusade against certain obnoxious public laws, described the judges’ ‘negative’ reactions towards the research findings as an attack on academic freedom.”

He said the research by Prof. Atuguba only provided ‘empirical data’ to confirm ‘popular perception’ that political appointments of judges have influenced their voting patterns on political cases.

Prof Asare said on Joy FM that the findings of Prof. Atuguba did not surprise him, saying, “it is consistent with what people have been saying."

He said the law is not "arithmetic where two plus two amounts to four; what Atuguba is saying is hardly controversial.”