By William Yaw Owusu
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice .
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Monday, July 17, 2006
Court Throws Out Akwetey's Suit
By Willaim Yaw Owusu
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice.
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Monday, 17 July 2006
An Accra Fast Track High Court on Friday dismissed an application filed by Bright Akwetey, a lawyer, seeking an order to compel President J.A Kufuor and the Council of State to act on his petition for the removal of the Chief Justice.
The court presided over by Justice Paul Baffoe-Bonnie, described the mandamus application as “premature”.
The application which was filed against the Attorney General on June 9, sought to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006, for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
He cited alleged abuse of office and judicial misconduct as his grounds for seeking the removal of the Chief Justice.
He wanted the President to suspend the Chief Justice from office pending the enquiry into allegation of abuse of office and judicial misconduct made in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said, in his affidavit in support of the motion.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states, “The official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
But Mr. Justice Baffoe-Bonnie, in dismissing the application, said that paragraph 11 of Mr. Akwetey’s affidavit in support defeated the whole essence of his application.
He said: “The court will be acting in contempt if it goes ahead to grant this application”.
He added that the committee set up by the President upon the advice of the Council of State could not sit since a citizen was challenging the constitutionality of that committee at the Supreme Court.
Bail For Cocaine Suspects Rejected
By William Yaw Owusu
Monday, 17 July 2006
Counsel for one of the two Venezuelans arrested for the importation of 588 kilogrammes of cocaine on Friday accused the prosecution of “twisting” facts to suit their prosecution’s case.
Mr. Kwabla Dogbe Senanu, Counsel for the second accused, Halo Cabeza Castillo, 38, a businessman who was in court for the second time to enter his plea, was applying for bail for his client.
But in a quick reaction, Ms Getrude Aikins, the Chief State Attorney who led the prosecution, refuted the allegation saying that Castillo and his co-accused, Joe Mella, 35, a machine operator, were being held on reasonable suspicion in accordance with the law.
Mr. Justice E. K. Ayebi, the trial judge, remanded the two until July 21 for full trial to commence, saying that counsel had not been able to convince the court that it should grant bail to the accused.
He explained that the accused had not been able to tell the police of their places of abode while the nature of their business was unclear and they had refused to surrender their passports.
The Spanish interpreter requested for the accused was in court to assist in the proceedings.
The two pleaded not guilty to three counts of conspiracy, importation of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
Before presenting the facts Ms Aikins asked the court to take judicial notice of the fact that, “What is being presented may not be the final investigation because the police are yet to track down a man called Vasquez who is believed to be their leader.”
On November 24 last year, police detectives, led by Superintendent Edward Tabiri, acting on a tip-off, went to a house with number 348 at Mempeasem in East Lagon, Accra and found Mella there.
“He was arrested and he led the team to the upper floor of the house where a thorough search was conducted,” the prosecutor said.
During the search, three bottles of ammonized substance used to turn cocaine into crack, a vacuum machine used to compress the cocaine into compact pieces, 13 gloves, white polythene wrappers and KLM Cargo stickers, were allegedly discovered among other items.
Other items found there were brown cellotape, a testing bottle believed to be for testing cocaine, exercise books showing records of sales, and cell phones showing contact numbers of business partners.
“When the officers peeped through the key hole of the room opposite that of Mella, they saw cartons packed there and therefore requested for the keys but he refused so the search team forced the door open.”
In that room, the prosecutor said, the police found a number of compressed and wrapped items in boxes. The Ghana Standards Board tested the contents to be cocaine.
She said Mella had claimed the cocaine belonged to one Shamo or Bude, but investigators revealed that it was Vasquez that he was referring to.
The prosecutor told the court that in another room some of the drugs had been mixed with water and Mella even advised the police to “separate it from the rest of the 588 kilogrammes otherwise the whole thing could get destroyed.”
In the process, Castillo came to the house and was also arrested. When his phone was seized the police found the same number which belonged to Vasquez on that phone.
Vasquez and a Dutchman called Vicente had set up a company called Compitex Limited and each owned 40 per cent of the shares with the remaining 20 per cent belonging to one Grace Asibi, the Ghanaian girlfriend of Vasquez.
She said the company was set up to do import and export business with Vasquez as the Managing Director, but “this business was a front for the narcotics trade.”
The prosecutor said Vasquez rented the house at a monthly rent of 800 dollars. He failed to secure entry visas for Mella and Castillo in August last year but managed to bring Mella on September 9, the same year.
Monday, 17 July 2006
Counsel for one of the two Venezuelans arrested for the importation of 588 kilogrammes of cocaine on Friday accused the prosecution of “twisting” facts to suit their prosecution’s case.
Mr. Kwabla Dogbe Senanu, Counsel for the second accused, Halo Cabeza Castillo, 38, a businessman who was in court for the second time to enter his plea, was applying for bail for his client.
But in a quick reaction, Ms Getrude Aikins, the Chief State Attorney who led the prosecution, refuted the allegation saying that Castillo and his co-accused, Joe Mella, 35, a machine operator, were being held on reasonable suspicion in accordance with the law.
Mr. Justice E. K. Ayebi, the trial judge, remanded the two until July 21 for full trial to commence, saying that counsel had not been able to convince the court that it should grant bail to the accused.
He explained that the accused had not been able to tell the police of their places of abode while the nature of their business was unclear and they had refused to surrender their passports.
The Spanish interpreter requested for the accused was in court to assist in the proceedings.
The two pleaded not guilty to three counts of conspiracy, importation of narcotic drugs without lawful authority and possessing narcotic drugs without lawful authority.
Before presenting the facts Ms Aikins asked the court to take judicial notice of the fact that, “What is being presented may not be the final investigation because the police are yet to track down a man called Vasquez who is believed to be their leader.”
On November 24 last year, police detectives, led by Superintendent Edward Tabiri, acting on a tip-off, went to a house with number 348 at Mempeasem in East Lagon, Accra and found Mella there.
“He was arrested and he led the team to the upper floor of the house where a thorough search was conducted,” the prosecutor said.
During the search, three bottles of ammonized substance used to turn cocaine into crack, a vacuum machine used to compress the cocaine into compact pieces, 13 gloves, white polythene wrappers and KLM Cargo stickers, were allegedly discovered among other items.
Other items found there were brown cellotape, a testing bottle believed to be for testing cocaine, exercise books showing records of sales, and cell phones showing contact numbers of business partners.
“When the officers peeped through the key hole of the room opposite that of Mella, they saw cartons packed there and therefore requested for the keys but he refused so the search team forced the door open.”
In that room, the prosecutor said, the police found a number of compressed and wrapped items in boxes. The Ghana Standards Board tested the contents to be cocaine.
She said Mella had claimed the cocaine belonged to one Shamo or Bude, but investigators revealed that it was Vasquez that he was referring to.
The prosecutor told the court that in another room some of the drugs had been mixed with water and Mella even advised the police to “separate it from the rest of the 588 kilogrammes otherwise the whole thing could get destroyed.”
In the process, Castillo came to the house and was also arrested. When his phone was seized the police found the same number which belonged to Vasquez on that phone.
Vasquez and a Dutchman called Vicente had set up a company called Compitex Limited and each owned 40 per cent of the shares with the remaining 20 per cent belonging to one Grace Asibi, the Ghanaian girlfriend of Vasquez.
She said the company was set up to do import and export business with Vasquez as the Managing Director, but “this business was a front for the narcotics trade.”
The prosecutor said Vasquez rented the house at a monthly rent of 800 dollars. He failed to secure entry visas for Mella and Castillo in August last year but managed to bring Mella on September 9, the same year.
Court Frees 3 In Nsawam Cannery Case
By William Yaw Owusu
Friday, 14 July 2006
A Fast Track High Court in Accra yesterday discharged three persons standing trial together with Nana Konadu Agyemang Rawlings, former First Lady, and five others for their alleged involvement in the divestiture of Nsawam Cannery.
They are Georgina Okaitey, Director, George Mould, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company Limited (CDCL).
This follows a submission by the Attorney-General, Mr. Joe Ghartey, who is prosecuting the case that they were withdrawing the charges against the three.
He said the prosecution withdrew charges against the three under section 59 of Act 30.
With this development, when the case resumes on July 26, the adjourned date, those who will be in court will be the former First Lady, Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Benson Owusu, former DIC Accountant (who was not in court due to ill-health), Kwame Peprah, former Finance Minister and DIC chairman and Hanny Sherry Ayittey, Director of CDCL .
The court, presided over by Mr. Justice Paul Baffoe-Bonnie, however, dismissed a Stay of Proceedings application which had been filed by CDCL, pending the determination of a civil suit which the CDCL had argued had a bearing on this criminal action.
Carridem Development Company Limited (CDCL), had filed the application, asking that a civil suit between them and the Divestiture Implementation Committee (DIC) and the Attorney General in another court should be determined before “this criminal action can go on”.
They have been charged with 30 counts of conspiracy, causing financial loss to a public body, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.
Dismissing the application, Mr. Justice Baffoe-Bonnie said, “If the court finds out that the institution of the present criminal proceedings is an abuse of the Court processes it will not bar the court from so declaring.”
“Council knows and concedes that the Attorney-General has a much heavier burden of proof in a criminal trial. I have looked at the application and all the countervailing circumstances and I am convinced that this is not a case that should attract the comment ‘Abuse of Judicial Process’, by counsel for the accused”, the Judge said.
Though Mr. Tony Lithur, counsel for CDCL, had argued that the matter had generated public interest and proceeding with the trial of the accused, some of whom are political figures, could erode public confidence and interest in the judiciary.
The Judge responded that, “This would very well pass for a powerful statement to be issued by a politician or delivered on a political platform. But canvassed by a learned counsel before a law court, it is really unfortunate.”
He said the judiciary should see everybody as equal before the law and should do its work without fear or favor adding that, “The Attorney-General should be allowed to do his work
Let him initiate the action and the court is here to determine whether the action should proceed.”
Bukom Square Area Not For Sale
By William Yaw Owusu
Friday, 14 July 2006
The Mayor of Accra, Nii Stanley Adjiri-Blankson, has stated that neither the government nor the Accra Metropolitan Assembly intends to "hijack" Bukom Square and sell it to foreigners.
Bukom Square, located in the heart of Accra, is the venue for public gatherings and a place of historical and sentimental significance to the Ga people.
Nii Adjiri-Blankson said this last Thursday when Numo Blafo Akotia Omaetu III, Chief Priest (Wulomo) of Asere in Ga Mashie in the Greater Accra Region, paid a courtesy call on him at his office in Accra.
Numo Omaetu’s visit was to show his appreciation to the Mayor and the assembly for sponsoring him to read Diploma in Communication Studies at the Africa Institute of Journalism, a private communication training institute in Accra.
The Mayor said that for sometime now, any attempts by the assembly to embark on projects to uplift the standard of living in Bukom and its environs are met with fierce resistance from the people.
"We need to start educating our people to stop reading meaning into any attempt to facelift the Bukom area since we are seriously lagging behind in development".
He said the Ga State "has lost a bite in leadership" and that had led to a high rate of indiscipline, especially among the youth.
"Bukom and other places have become ‘no go’ areas. .Our people have turned the streets into dwelling places and nobody seems ready to correct the situation," he said.
Nii Adjiri-Blankson said unemployment rate is very high in the area, "yet when you attempt to offer them jobs, they will attach conditions to the offer".
"This cannot continue. The time has come for all Gas in high positions to come together and find a common solution to the problem because our people cannot live in this situation forever", he added.
The Mayor commended Numo Omaetu for taking the initiative to educate himself saying, "this is an eye opener because it will bring dignity and respect to the Ga traditional institution".
He urged all traditional leaders to emulate Numo Omaetu assuring, "the assembly is prepared to support such efforts".
Numo Omaetu promised to use his experience acquired from the studies to restore and protect the cultural heritage of the Ga people.
Friday, 14 July 2006
The Mayor of Accra, Nii Stanley Adjiri-Blankson, has stated that neither the government nor the Accra Metropolitan Assembly intends to "hijack" Bukom Square and sell it to foreigners.
Bukom Square, located in the heart of Accra, is the venue for public gatherings and a place of historical and sentimental significance to the Ga people.
Nii Adjiri-Blankson said this last Thursday when Numo Blafo Akotia Omaetu III, Chief Priest (Wulomo) of Asere in Ga Mashie in the Greater Accra Region, paid a courtesy call on him at his office in Accra.
Numo Omaetu’s visit was to show his appreciation to the Mayor and the assembly for sponsoring him to read Diploma in Communication Studies at the Africa Institute of Journalism, a private communication training institute in Accra.
The Mayor said that for sometime now, any attempts by the assembly to embark on projects to uplift the standard of living in Bukom and its environs are met with fierce resistance from the people.
"We need to start educating our people to stop reading meaning into any attempt to facelift the Bukom area since we are seriously lagging behind in development".
He said the Ga State "has lost a bite in leadership" and that had led to a high rate of indiscipline, especially among the youth.
"Bukom and other places have become ‘no go’ areas. .Our people have turned the streets into dwelling places and nobody seems ready to correct the situation," he said.
Nii Adjiri-Blankson said unemployment rate is very high in the area, "yet when you attempt to offer them jobs, they will attach conditions to the offer".
"This cannot continue. The time has come for all Gas in high positions to come together and find a common solution to the problem because our people cannot live in this situation forever", he added.
The Mayor commended Numo Omaetu for taking the initiative to educate himself saying, "this is an eye opener because it will bring dignity and respect to the Ga traditional institution".
He urged all traditional leaders to emulate Numo Omaetu assuring, "the assembly is prepared to support such efforts".
Numo Omaetu promised to use his experience acquired from the studies to restore and protect the cultural heritage of the Ga people.
Thursday, July 13, 2006
"President Can't Probe Chief Justice"
By William Yaw Owusu and Richard Gould
Thursday,July 13,2006
The Supreme Court in Accra yesterday unanimously ruled that the President can not set up a committee to investigate the Chief Justice unless sufficient evidence has been established to support allegations of abuse of office and judicial misconduct brought against him.
In legal parlance, a prima facie case must be established against the Chief Justice before an investigation can be conducted.
“Upon the true and proper interpretation of article 146 of the 1992 Constitution, a prima facie case is required to be established against the Chief Justice prior to the setting up of the committee by the President,” said Ms Justice Sophia Akuffo who presided over the seven-member panel.
Other members of the panel were Justices Georgina T. Wood, Dr S.K Date-Bah, Professor Modibo Tawiah Ocran, Julius Ansah, S.O. Adinyira and S.K. Asiamah.
Frank Agyei Twum, of the Statesman Communication Limited, filed the suit at the Supreme Court to halt a petition by Mr. Bright Akwetey, a lawyer to President J. A. Kufuor, to set up a committee to investigate the Chief Justice, Mr. George Kingsley Acquah for alleged judicial misconduct and abuse of power.
The suit, which cited the Attorney General and Mr. Akwetey as defendants, sought to invoke the original jurisdiction of the highest court in the land to intervene in the matter.
Mr. Twum’s suit, filed on April 3, sought among other things for a declaration that the petition presented by Mr. Akwetey on January 13, calling for the removal of the Chief Justice was inconsistent with article 125(4) of the Constitution.
He also wanted a declaration that Mr. Akwetey was not entitled to present his petition in his personal capacity as a lawyer and officer of the court and that the appointment by the President of a Committee of inquiry into the petitioner’s claim infringed on Article 127(1) and (2) of the Constitution.
The Court said the President’s consultation with the Council of State in setting up the Committee should have been preceded by the determination of a prima facie case against the Chief Justice and added that the Committee, as it is now, is null and void.
The Court also said that communication by Mr. Akwetey of the petition to persons other than the President alone was in contravention of the rules of the Constitution.
Reading the Court’s judgement Mr. Justice S. K. Date-Bah, a panel member, said, “If you compare article 146(3) and 146(6) there is a gap in the logical sequencing in the law and the Chief Justice must be given the benefit of a prior determination of a prima facie case before the committee could start investigating.
He made it clear that the declaration granted by the court in no way diminished the accountability of the Chief Justice as a public office holder adding that, “I am in no way saying that Mr. Akwetey’s petition is frivolous.”
The court said that the administrative acts of the Chief Justice were not immune from inquiry, but added, “There must first be a prima facie case before the President can act on the petition of a citizen.”
The court said that the Constitution, as it is now, was not explicit on article 146 where a citizen could file a petition for the removal of the Chief Justice and the committee to be set up to do the investigation was also not well defined.
The court said that Mr. Akwetey had the capacity to institute the action in his personal capacity contrary to the plaintiff’s assertion that the defendant was an officer of the court and could not do that.
On the issue of how the details of the petition got into the public domain the court said Mr. Akwetey was wrong to have circulated his petition to other people other than to the President alone because “it is not safe to impugn the integrity of judges in public, especially when the allegations turn out to be false and article 146(8) strongly supports this.”
The panelists took turns to give their views on article 146. Justice Akuffo remarked: “article 146 gives too much room for personal opinions and needs to be properly reconstructed to give meaning to its constitutional outlook.”
Prof. Justice Ocran said, “We are entitled to fill any gap that is left in article 146 in order to realize the dream of the framers of the Constitution and this makes the establishment of a prima facie case more compelling before the committee described under the article can be made to work.”
Mr. Justice Asiamah said, “Without first establishing a prima facie case against a superior court judge, of which the Chief Justice is one, the President will have no power, constitutionally, to set up a committee to start investigating him straight away.”
Mrs. Justice Adinyira said, “There is no compelling reason why such procedural protection should not be accorded the Chief Justice,” and
Mrs. Justice T. Wood and Mr. Justice Ansah both concurred with the views of the other members.
The panel however expressed their misgivings about the attitude displayed by the Attorney General’s Department after they failed to file a defence in the case saying, “taking active participation could have helped our judicial jurisprudence.”
Before delivering its judgement the Court gave reasons for overruling an objection raised by Mr. Akwetey on the issue of the Chief Justice paneling members who sat on the case.
The Court said empanelling judges was CJ’s administrative duty and not a judicial duty, adding that Mr. Akwetey did not provide any evidence of the breach of natural justice that he raised.
The ruling took approximately four and a half hours to deliver.
Thursday,July 13,2006
The Supreme Court in Accra yesterday unanimously ruled that the President can not set up a committee to investigate the Chief Justice unless sufficient evidence has been established to support allegations of abuse of office and judicial misconduct brought against him.
In legal parlance, a prima facie case must be established against the Chief Justice before an investigation can be conducted.
“Upon the true and proper interpretation of article 146 of the 1992 Constitution, a prima facie case is required to be established against the Chief Justice prior to the setting up of the committee by the President,” said Ms Justice Sophia Akuffo who presided over the seven-member panel.
Other members of the panel were Justices Georgina T. Wood, Dr S.K Date-Bah, Professor Modibo Tawiah Ocran, Julius Ansah, S.O. Adinyira and S.K. Asiamah.
Frank Agyei Twum, of the Statesman Communication Limited, filed the suit at the Supreme Court to halt a petition by Mr. Bright Akwetey, a lawyer to President J. A. Kufuor, to set up a committee to investigate the Chief Justice, Mr. George Kingsley Acquah for alleged judicial misconduct and abuse of power.
The suit, which cited the Attorney General and Mr. Akwetey as defendants, sought to invoke the original jurisdiction of the highest court in the land to intervene in the matter.
Mr. Twum’s suit, filed on April 3, sought among other things for a declaration that the petition presented by Mr. Akwetey on January 13, calling for the removal of the Chief Justice was inconsistent with article 125(4) of the Constitution.
He also wanted a declaration that Mr. Akwetey was not entitled to present his petition in his personal capacity as a lawyer and officer of the court and that the appointment by the President of a Committee of inquiry into the petitioner’s claim infringed on Article 127(1) and (2) of the Constitution.
The Court said the President’s consultation with the Council of State in setting up the Committee should have been preceded by the determination of a prima facie case against the Chief Justice and added that the Committee, as it is now, is null and void.
The Court also said that communication by Mr. Akwetey of the petition to persons other than the President alone was in contravention of the rules of the Constitution.
Reading the Court’s judgement Mr. Justice S. K. Date-Bah, a panel member, said, “If you compare article 146(3) and 146(6) there is a gap in the logical sequencing in the law and the Chief Justice must be given the benefit of a prior determination of a prima facie case before the committee could start investigating.
He made it clear that the declaration granted by the court in no way diminished the accountability of the Chief Justice as a public office holder adding that, “I am in no way saying that Mr. Akwetey’s petition is frivolous.”
The court said that the administrative acts of the Chief Justice were not immune from inquiry, but added, “There must first be a prima facie case before the President can act on the petition of a citizen.”
The court said that the Constitution, as it is now, was not explicit on article 146 where a citizen could file a petition for the removal of the Chief Justice and the committee to be set up to do the investigation was also not well defined.
The court said that Mr. Akwetey had the capacity to institute the action in his personal capacity contrary to the plaintiff’s assertion that the defendant was an officer of the court and could not do that.
On the issue of how the details of the petition got into the public domain the court said Mr. Akwetey was wrong to have circulated his petition to other people other than to the President alone because “it is not safe to impugn the integrity of judges in public, especially when the allegations turn out to be false and article 146(8) strongly supports this.”
The panelists took turns to give their views on article 146. Justice Akuffo remarked: “article 146 gives too much room for personal opinions and needs to be properly reconstructed to give meaning to its constitutional outlook.”
Prof. Justice Ocran said, “We are entitled to fill any gap that is left in article 146 in order to realize the dream of the framers of the Constitution and this makes the establishment of a prima facie case more compelling before the committee described under the article can be made to work.”
Mr. Justice Asiamah said, “Without first establishing a prima facie case against a superior court judge, of which the Chief Justice is one, the President will have no power, constitutionally, to set up a committee to start investigating him straight away.”
Mrs. Justice Adinyira said, “There is no compelling reason why such procedural protection should not be accorded the Chief Justice,” and
Mrs. Justice T. Wood and Mr. Justice Ansah both concurred with the views of the other members.
The panel however expressed their misgivings about the attitude displayed by the Attorney General’s Department after they failed to file a defence in the case saying, “taking active participation could have helped our judicial jurisprudence.”
Before delivering its judgement the Court gave reasons for overruling an objection raised by Mr. Akwetey on the issue of the Chief Justice paneling members who sat on the case.
The Court said empanelling judges was CJ’s administrative duty and not a judicial duty, adding that Mr. Akwetey did not provide any evidence of the breach of natural justice that he raised.
The ruling took approximately four and a half hours to deliver.
Tuesday, July 11, 2006
Court Orders Spanish Interpreter For Accused
By William Yaw Owusu,
Saturday, 08 July 2006
AN Accra Fast Track High Court has ordered that a Spanish interpreter be provided for two Venezuelans standing trial for illegal possession of cocaine.The court registrar is to apply to the Ghana Institute of Languages to get one.
The order followed a submission by Obeng Sakyi, defence counsel, that his client, Joel Mella, 35, could not speak English.
The court, presided over by Mr. Justice E. K. Ayebi, therefore did not take the plea of Mella and his co-accused, Halo Cabeza Castillo, 38, but adjourned the case until July 14.
It turned down an application for bail by Mr Sekyi who argued that the accused were arrested in November last year and the police had all the time to conclude investigations but had caused an “undue delay.”
Ms Gertrude Aikins, Chief State Attorney, prosecuting, objected to counsel’s request saying that the accused might jump bail since they are not permanently resident in the country.
The police arrested the two foreigners at East Legon in Accra on November 26, 2005 for possessing cocaine with a reported street value of about 38 million dollars.
A statement issued by the Police Public Relations Directorate at the time said 588 wrapped pellets, suspected to be cocaine, were found concealed in paper boxes in two rooms used by the accused.
Saturday, 08 July 2006
AN Accra Fast Track High Court has ordered that a Spanish interpreter be provided for two Venezuelans standing trial for illegal possession of cocaine.The court registrar is to apply to the Ghana Institute of Languages to get one.
The order followed a submission by Obeng Sakyi, defence counsel, that his client, Joel Mella, 35, could not speak English.
The court, presided over by Mr. Justice E. K. Ayebi, therefore did not take the plea of Mella and his co-accused, Halo Cabeza Castillo, 38, but adjourned the case until July 14.
It turned down an application for bail by Mr Sekyi who argued that the accused were arrested in November last year and the police had all the time to conclude investigations but had caused an “undue delay.”
Ms Gertrude Aikins, Chief State Attorney, prosecuting, objected to counsel’s request saying that the accused might jump bail since they are not permanently resident in the country.
The police arrested the two foreigners at East Legon in Accra on November 26, 2005 for possessing cocaine with a reported street value of about 38 million dollars.
A statement issued by the Police Public Relations Directorate at the time said 588 wrapped pellets, suspected to be cocaine, were found concealed in paper boxes in two rooms used by the accused.
The Korle-Bu Hospital Suit
By William Yaw Owusu,
Saturday, 08 July 2006
THE mother of the 14-year-old boy who has sued the Korle-Bu Teaching Hospital for negligence, yesterday told an Accra Fast Track High Court that her son had no problem with the left leg which was operated upon by the doctors.
“They made me sign an undertaking that the surgery was to be performed on the right leg,” Mrs Gladys Darko told the court.
The hospital in its statement of defence had said that although the boy (Frank Darko) was diagnosed with a torn patella ligament on the right knee, the doctors later realized that there was a problem on the left knee which also needed an immediate surgery.
Led in evidence by her counsel Thomas Hughes, Mrs Darko, who spoke in Twi said that the hospital made them buy an instrument called “support” for Ñž250,000 which was placed on the right knee of her son before the surgery was conducted.
She said after the surgery the boy was made to attend clinics and physiotherapy sessions on about 15 occasions but “we could not continue due to lack of funds.”
She said the hospital had asked her to bring her son for a final review this month. Mrs Darko said she paid for all the cost of treatment of her son, but she could not remember the total amount spent.
Cross examined by counsel for Korle-Bu, Shadrack Arhin, Mrs Darko told the court that she did not apply any traditional medicine to her son’s leg and said she did not go to the theatre where the surgery was performed.
She said that her son could not walk properly as a result of the “wrongful” surgery and was frustrated by the hospital authorities when the issue came up.
The suit, which was filed through the boy’s mother, cites the governing board of the hospital as well as doctors, Kennedy Addo, Korpisah, and Agbeko, all of Korle-Bu hospital for the alleged wrongful operation they conducted on him in September, last year.
In the suit the plaintiff said, the doctors had operated on the boy’s left knee instead of the right, after the diagnosis.
He further claimed that, her son’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Darko is therefore claiming 800 million in damages.
Saturday, 08 July 2006
THE mother of the 14-year-old boy who has sued the Korle-Bu Teaching Hospital for negligence, yesterday told an Accra Fast Track High Court that her son had no problem with the left leg which was operated upon by the doctors.
“They made me sign an undertaking that the surgery was to be performed on the right leg,” Mrs Gladys Darko told the court.
The hospital in its statement of defence had said that although the boy (Frank Darko) was diagnosed with a torn patella ligament on the right knee, the doctors later realized that there was a problem on the left knee which also needed an immediate surgery.
Led in evidence by her counsel Thomas Hughes, Mrs Darko, who spoke in Twi said that the hospital made them buy an instrument called “support” for Ñž250,000 which was placed on the right knee of her son before the surgery was conducted.
She said after the surgery the boy was made to attend clinics and physiotherapy sessions on about 15 occasions but “we could not continue due to lack of funds.”
She said the hospital had asked her to bring her son for a final review this month. Mrs Darko said she paid for all the cost of treatment of her son, but she could not remember the total amount spent.
Cross examined by counsel for Korle-Bu, Shadrack Arhin, Mrs Darko told the court that she did not apply any traditional medicine to her son’s leg and said she did not go to the theatre where the surgery was performed.
She said that her son could not walk properly as a result of the “wrongful” surgery and was frustrated by the hospital authorities when the issue came up.
The suit, which was filed through the boy’s mother, cites the governing board of the hospital as well as doctors, Kennedy Addo, Korpisah, and Agbeko, all of Korle-Bu hospital for the alleged wrongful operation they conducted on him in September, last year.
In the suit the plaintiff said, the doctors had operated on the boy’s left knee instead of the right, after the diagnosis.
He further claimed that, her son’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Darko is therefore claiming 800 million in damages.
Thursday, July 06, 2006
A-G: Tsikata Took Unreasonable Risk
By William Yaw Owusu
Thursday, 06 July 2006.
The Attorney General, Joe Ghartey, yesterday told an Accra Fast Track High Court that Tsatsu Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), “took an unreasonable risk,” to guarantee a loan for Valley Farms.
He said Mr. Tsikata, in granting the loan on behalf of the GNPC, “did not use reasonable caution and obligation” and for which reason he should be held for wilfully causing financial loss to the state.
The Attorney-General who was addressing the court after Mr. Tsikata’s counsel had completed his address last week, said “in the meaning of Act 179, the financial loss was wilful.”
Mr. Tsikata has been charged with three counts of causing financial loss of about Ñž2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caissc Centrale, now Agence Francaise De Development (AFD), 1991, but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
He has pleaded not guilty to all the charges and is on a self-cognissance bail. Mr. Ghartey told the court presided over by Appeal Court Judge, Mrs. Justice Henrietta Abban, that the defence team had failed to lead evidence to show that the amount paid in the loan guarantee “did not come from GNPC coffers.”
“They are only talking about the law being used to charge him,” he said, adding that “there was a financial loss and it was caused through the action and omission of Mr. Tsikata.”
Mr. Ghartey said that between 1991 and 1996 when GNPC guaranteed the loan and when it paid the loan, Mr. Tsikata took no steps to correct the defect, in a form of counter guarantee saying “he cannot deny that GNPC belongs to the state and therefore a loss to it is a loss to the state.”
He said when Mr. Tsikata filed a “submission of no case” at the Supreme Court, both the majority and minority panel members ruled that there was a loss which was caused by the accused.
He also said that in guaranteeing the loan, Mr. Tsikata, through the GNPC, went outside their core objective of petroleum and ventured into cocoa production and this had not been challenged by the accused.
The case was adjourned until July 7, for the prosecution to conclude its address.
In a related development Mr Tsikata has filed a motion for an order from the Court of Appeal to compel the International Finance Corporation (IFC) to testify in the case.
The Fast Track Court had ruled thast the IFC was “immune” to the processes of the country’s courts and this case has been adjourned to July 11.
Thursday, 06 July 2006.
The Attorney General, Joe Ghartey, yesterday told an Accra Fast Track High Court that Tsatsu Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC), “took an unreasonable risk,” to guarantee a loan for Valley Farms.
He said Mr. Tsikata, in granting the loan on behalf of the GNPC, “did not use reasonable caution and obligation” and for which reason he should be held for wilfully causing financial loss to the state.
The Attorney-General who was addressing the court after Mr. Tsikata’s counsel had completed his address last week, said “in the meaning of Act 179, the financial loss was wilful.”
Mr. Tsikata has been charged with three counts of causing financial loss of about Ñž2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caissc Centrale, now Agence Francaise De Development (AFD), 1991, but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
He has pleaded not guilty to all the charges and is on a self-cognissance bail. Mr. Ghartey told the court presided over by Appeal Court Judge, Mrs. Justice Henrietta Abban, that the defence team had failed to lead evidence to show that the amount paid in the loan guarantee “did not come from GNPC coffers.”
“They are only talking about the law being used to charge him,” he said, adding that “there was a financial loss and it was caused through the action and omission of Mr. Tsikata.”
Mr. Ghartey said that between 1991 and 1996 when GNPC guaranteed the loan and when it paid the loan, Mr. Tsikata took no steps to correct the defect, in a form of counter guarantee saying “he cannot deny that GNPC belongs to the state and therefore a loss to it is a loss to the state.”
He said when Mr. Tsikata filed a “submission of no case” at the Supreme Court, both the majority and minority panel members ruled that there was a loss which was caused by the accused.
He also said that in guaranteeing the loan, Mr. Tsikata, through the GNPC, went outside their core objective of petroleum and ventured into cocoa production and this had not been challenged by the accused.
The case was adjourned until July 7, for the prosecution to conclude its address.
In a related development Mr Tsikata has filed a motion for an order from the Court of Appeal to compel the International Finance Corporation (IFC) to testify in the case.
The Fast Track Court had ruled thast the IFC was “immune” to the processes of the country’s courts and this case has been adjourned to July 11.
Wednesday, July 05, 2006
Two charged with robbing ambassador.
By William Yaw Owusu.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Two charged with robbing ambassador.
By William Yaw Owusu.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Wednesday July5,2006
Two men were yesterday arraigned before an Accra Circuit Court charged with conspiracy, unlawful entry, causing unlawful harm and stealing.
On May 30, George Lankai Lamptey popularly called Sexual, a Welder and Daniel Odartey Quarcopome also known as Goodman, unemployed, broke into the car of Alhaji Rashid Bawa then Ambassador designate to the Kingdom of Saudi Arabia which was parked in front of the Landing Restaurant at the Kotoka International Airport in Accra.
Alhaji Bawa had gone to the airport to meet the Saudi Prince who was visiting the country.
The two men allegedly stole the letter of credence signed by the President, five passports (two of which are Diplomatic), 2,000 dollars, other currencies in various denominations, Saudi resident permit, bank documents, airline ticket and other important traveling documents.
They also bolted with two mobile phones valued at over ¢10million cedis, birth certificates, car keys, credit cards and other business documents.
They sold the Diplomatic passports to two other traders, shared the money and claimed later that they had thrown all the documents into the Korle Lagoon.
At court in Accra yesterday, the two men together with Marvin Kotey also known as Ola and Thomas Kwadwo Opoku, popularly called Akio, all Traders (those who bought the passports) were put in the dock.
Lamptey and Quarcopome pleaded not guilty the charges while Kotey and Opoku also pleaded not guilty to dishonestly receiving.
They were all remanded until July 18, to enable the police to conduct thorough investigations into the matter.
Assistant Superintendent of Police, Emmanuel Amegah told the court that on June 16, the Criminal Investigations Department had a hint that Opoku was offering for sale a Diplomatic passport at Tip Toe Lane at Kwame Nkrumah Circle in Accra and feigned interest.
When Opoku was arrested, the police retrieved one Diplomatic passport and another Ghanaian passport from him and he mentioned Kotey as his accomplice.
Kotey was also nabbed and he led the police to arrests Lamptey and Quarcopome as the men who had brought it to him for sale.
Lamptey and Quarcopome admitted the offence and they told interrogators that they had thrown the documents into the lagoon.
ASP Amegah told the court that the police had been able to retrieve the Diplomatic passports and another Ghanaian passport.
Sunday, July 02, 2006
Nation remembers murdered judges
By William Yaw Owusu.
Saturday, July1,2006.
A solemn Remembrance Day service was yesterday held in memory of the three High Court judges and a retired military officer who were murdered in the heat of the revolution in 1982.
The annual event was instituted by the Ghana Bar Association (GBA) to honour the late Justices Frederick Poku Sarkodie Addo, Cecilia Koranteng-Addow (Mrs.) and Kwadwo Agyei Agyapong as well as Major Retired Sam Acquah who were killed at the Bundase Military range in the Accra Plains in the curfew hours of June 30, 1982.
In his sermon titled “Forgiveness”, Rev. Dr. Paul Kofi Fynn, Chairman of the Christian Council and president of the Evangelical Lutheran Church of Ghana, said although the churches continued to preach forgiveness the same entities had failed to practice it.
He said, “we preach, eat and teach forgiveness but there is no forgiveness. Chritians think the church is a museum for saints but the reality is that it is supposed to be a hospital for sinners”.
Rev. Fynn said lack of forgiveness in the homes and the country at large had hampered the nation’s effort to develop rapidly saying, “it takes a man of God to forgive people”.
He noted that in quest to forgive one another offenders had taken advantage of forgiveness and had refused to repent to ensure total reconciliation.
“People were not bold to go to the National Reconciliation Commission to testify and reconcile but rather continue to heap blame on others but this cannot help”.
Mr. Solomon Kwami Tetteh, GBA president called on Ghanaians to “speak and stand by the truth and behave responsibly at all times”.
“We shall continue to celebrate the Martyrs Day lest we forget the need for vigilance against any utterance by any person or group of persons that may destabilize the democratic dispensation or undermine human rights in Ghana”.
Saturday, July1,2006.
A solemn Remembrance Day service was yesterday held in memory of the three High Court judges and a retired military officer who were murdered in the heat of the revolution in 1982.
The annual event was instituted by the Ghana Bar Association (GBA) to honour the late Justices Frederick Poku Sarkodie Addo, Cecilia Koranteng-Addow (Mrs.) and Kwadwo Agyei Agyapong as well as Major Retired Sam Acquah who were killed at the Bundase Military range in the Accra Plains in the curfew hours of June 30, 1982.
In his sermon titled “Forgiveness”, Rev. Dr. Paul Kofi Fynn, Chairman of the Christian Council and president of the Evangelical Lutheran Church of Ghana, said although the churches continued to preach forgiveness the same entities had failed to practice it.
He said, “we preach, eat and teach forgiveness but there is no forgiveness. Chritians think the church is a museum for saints but the reality is that it is supposed to be a hospital for sinners”.
Rev. Fynn said lack of forgiveness in the homes and the country at large had hampered the nation’s effort to develop rapidly saying, “it takes a man of God to forgive people”.
He noted that in quest to forgive one another offenders had taken advantage of forgiveness and had refused to repent to ensure total reconciliation.
“People were not bold to go to the National Reconciliation Commission to testify and reconcile but rather continue to heap blame on others but this cannot help”.
Mr. Solomon Kwami Tetteh, GBA president called on Ghanaians to “speak and stand by the truth and behave responsibly at all times”.
“We shall continue to celebrate the Martyrs Day lest we forget the need for vigilance against any utterance by any person or group of persons that may destabilize the democratic dispensation or undermine human rights in Ghana”.
Snr. Minister questions statistics on education, poverty levels
By William Yaw Owusu.
Saturday,July1,2006.
Senior Minister, J.H. Mensah has said there is an abuse of statistics as far as the country’s standard of education and levels of poverty are concerned.
“Some people are misinterpreting the statistics. It is false to record 80 percent school enrollment when children continue to score zero per cent in ordinary basic certificate examination. Enrollment is nothing if the children cannot pass,” at the launch of Akuapem Community Foundation in Accra on Thursday.
The Foundation, which seeks to mobilize time, talent, treasure to improve the quality of life of the people of Akuapem in the Eastern Region, and beyond, is making quality education its priority.
It is believed to be the first community foundation in the country and has thus set up an endowment fund, which will be managed by the Merchant Bank, and more than 10,000 people from Akuapem are expected to contribute not less than ¢10,000 every month to ensure total development of the area.
Mr. Mensah said, “some people have led us into baseless argument by using statistics to suggest that four out of the ten regions of Ghana are poor but this cannot be right. Let us not be deceived about some of the things we hear. Let us come out with practical statistics that will help accelerate development”.
He said the time has come for all stakeholders to see teachers as the driving force behind the country’s development and respond to their needs appropriately.
“Teachers nowadays see themselves as occupying hardship positions they sometimes resent and take up their frustrations on our children which is detrimental to our educational sector”, he added.
Professor Alex Kwapong, former Chairman of the Council of state who chaired the function said Akuapem was the citadel of education and it was unacceptable that the children were scoring zero per cent in examinations.
The president of the foundation Paul Koranteng said they would provide accommodation for teachers in the deprived areas of both the Akuapem North and South Districts and added “we have received international recognition and would take advantage to raise the standard of living of our people”.
Oseadeeyo Addo Dankwa III, Akuapemhene, said, “the protection of our heritage and the improvement of socio-economic development is a step in the right direction”.
Nana Adokua I, Akuapemhemaa and Life Patron of the foundation in a message read for her said the foundation had demonstrated the extent to which unity can promote development.
Saturday,July1,2006.
Senior Minister, J.H. Mensah has said there is an abuse of statistics as far as the country’s standard of education and levels of poverty are concerned.
“Some people are misinterpreting the statistics. It is false to record 80 percent school enrollment when children continue to score zero per cent in ordinary basic certificate examination. Enrollment is nothing if the children cannot pass,” at the launch of Akuapem Community Foundation in Accra on Thursday.
The Foundation, which seeks to mobilize time, talent, treasure to improve the quality of life of the people of Akuapem in the Eastern Region, and beyond, is making quality education its priority.
It is believed to be the first community foundation in the country and has thus set up an endowment fund, which will be managed by the Merchant Bank, and more than 10,000 people from Akuapem are expected to contribute not less than ¢10,000 every month to ensure total development of the area.
Mr. Mensah said, “some people have led us into baseless argument by using statistics to suggest that four out of the ten regions of Ghana are poor but this cannot be right. Let us not be deceived about some of the things we hear. Let us come out with practical statistics that will help accelerate development”.
He said the time has come for all stakeholders to see teachers as the driving force behind the country’s development and respond to their needs appropriately.
“Teachers nowadays see themselves as occupying hardship positions they sometimes resent and take up their frustrations on our children which is detrimental to our educational sector”, he added.
Professor Alex Kwapong, former Chairman of the Council of state who chaired the function said Akuapem was the citadel of education and it was unacceptable that the children were scoring zero per cent in examinations.
The president of the foundation Paul Koranteng said they would provide accommodation for teachers in the deprived areas of both the Akuapem North and South Districts and added “we have received international recognition and would take advantage to raise the standard of living of our people”.
Oseadeeyo Addo Dankwa III, Akuapemhene, said, “the protection of our heritage and the improvement of socio-economic development is a step in the right direction”.
Nana Adokua I, Akuapemhemaa and Life Patron of the foundation in a message read for her said the foundation had demonstrated the extent to which unity can promote development.
Thursday, June 29, 2006
Tempers Flare As Korle Bu Case Begins
By William Yaw Owusu.
Thursday, 29 June 2006
Tempers flared at the first hearing of the case in which a 14-year-old boy, Frank Darko, has sued the Korle-Bu Teaching Hospital for Ñž800 million for negligence.
Matters came to a head when Mr. Shadrack Arhin, counsel for the hospital and the doctors (defendants), objected to the tendering in court of the hospital folder through the boy’s mother (plaintiff), saying it was not coming from “proper custody”.
The suit, filed through the plaintiff, Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu Teaching Hospital, for a “wrongful operation” they conducted on Frank on September13, last year.
The doctors, according to the suit, operated on the boy’s left knee instead of the right, after he had been diagnosed of a torn patella ligament.
It further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mr. Arhin told the court, “I cannot vouch for the folder’s authenticity because it is a confidential document that cannot be handled by a patient, yet they are seeking to tender it through the plaintiff.”
But Mr. Thomas Hughes, counsel for the plaintiff, who was then in the witness box disagreed saying, that the document was obtained from the hospital authorities.
Mr Justice E.K. Ayebi, the presiding judge, then ruled that plaintiff at that moment could not tender the document because counsel had not been able to satisfy the court of how they came by the folder.
Mr. Hughes then applied for the Administrator of the hospital to be subpoenaed to tender the document, a request which was granted and the case was journed to July 7.
Ealier in her evidence, Gladys Darko who spoke in Twi, told the court that before the operation was performed on her son, she was made to sign an undertaking that “the surgery was to be perfomed on the right leg.”
She said, “at about 6.30 pm when Frank was brought from the theatre, the doctors had operated on his left leg instead of the right and immediately my husband’s blood pressure rose,” adding that Dr. Korpisah pleaded with them to come the next day and when they did the doctors “apologised to us and promised to correct the defect.”
Thursday, 29 June 2006
Tempers flared at the first hearing of the case in which a 14-year-old boy, Frank Darko, has sued the Korle-Bu Teaching Hospital for Ñž800 million for negligence.
Matters came to a head when Mr. Shadrack Arhin, counsel for the hospital and the doctors (defendants), objected to the tendering in court of the hospital folder through the boy’s mother (plaintiff), saying it was not coming from “proper custody”.
The suit, filed through the plaintiff, Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu Teaching Hospital, for a “wrongful operation” they conducted on Frank on September13, last year.
The doctors, according to the suit, operated on the boy’s left knee instead of the right, after he had been diagnosed of a torn patella ligament.
It further claimed that the boy’s father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mr. Arhin told the court, “I cannot vouch for the folder’s authenticity because it is a confidential document that cannot be handled by a patient, yet they are seeking to tender it through the plaintiff.”
But Mr. Thomas Hughes, counsel for the plaintiff, who was then in the witness box disagreed saying, that the document was obtained from the hospital authorities.
Mr Justice E.K. Ayebi, the presiding judge, then ruled that plaintiff at that moment could not tender the document because counsel had not been able to satisfy the court of how they came by the folder.
Mr. Hughes then applied for the Administrator of the hospital to be subpoenaed to tender the document, a request which was granted and the case was journed to July 7.
Ealier in her evidence, Gladys Darko who spoke in Twi, told the court that before the operation was performed on her son, she was made to sign an undertaking that “the surgery was to be perfomed on the right leg.”
She said, “at about 6.30 pm when Frank was brought from the theatre, the doctors had operated on his left leg instead of the right and immediately my husband’s blood pressure rose,” adding that Dr. Korpisah pleaded with them to come the next day and when they did the doctors “apologised to us and promised to correct the defect.”
Wednesday, June 28, 2006
Textbooks Case, Out Of Court Settlement
By William Yaw Owusu
Tuesday, 27 June 2006
THE Accra Fast Track High Court hearing the suit by the Ghana Book Publishers Association (GBPA) against the Ministry of Education, Science and Sports and two others, has adjourned the case to July 19 to allow for an out-of-court settlement.
The suit was brought against the Ministry, the Public Procurement Board (PPB) and the GETFund Board in connection with the award of a 28-million dollar contract to Macmillan Education Limited for the supply of textbooks.
GBPA is seeking the court’s order to restrain the defendants from proceeding to award the contract until the final determination of the suit.
The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MoES to proceed with a single sourcing procurement to purchase the books which violated the provision of the Public Procurement Act.
At the hearing of the case yesterday, counsel for GPBA Jacob Acquah-Sampson, told the court, presided over by Mr Justice E.K. Ayebi, that the parties had already intimated to the court their intention to settle the matter amicably.
Unfortunately, he said, the sector Minister is out of the jurisdiction and they would like to take a short date so that they can explore the possibilities of out-of-court settlement.
Nene Amegatcher, counsel for PPB, said although his clients have not been hinted about any possible settlement, “we are not against such a move.”
Mrs Dorothy Ansah, counsel for MoES, confirmed the absence of the Minister and said that as soon as he returned from the World Cup tournament in Germany the issue would be resolved.
Mr Justice Ayebi then adjourned the case for the parties to come to court to announce the outcome of the settlement.
Tuesday, 27 June 2006
THE Accra Fast Track High Court hearing the suit by the Ghana Book Publishers Association (GBPA) against the Ministry of Education, Science and Sports and two others, has adjourned the case to July 19 to allow for an out-of-court settlement.
The suit was brought against the Ministry, the Public Procurement Board (PPB) and the GETFund Board in connection with the award of a 28-million dollar contract to Macmillan Education Limited for the supply of textbooks.
GBPA is seeking the court’s order to restrain the defendants from proceeding to award the contract until the final determination of the suit.
The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MoES to proceed with a single sourcing procurement to purchase the books which violated the provision of the Public Procurement Act.
At the hearing of the case yesterday, counsel for GPBA Jacob Acquah-Sampson, told the court, presided over by Mr Justice E.K. Ayebi, that the parties had already intimated to the court their intention to settle the matter amicably.
Unfortunately, he said, the sector Minister is out of the jurisdiction and they would like to take a short date so that they can explore the possibilities of out-of-court settlement.
Nene Amegatcher, counsel for PPB, said although his clients have not been hinted about any possible settlement, “we are not against such a move.”
Mrs Dorothy Ansah, counsel for MoES, confirmed the absence of the Minister and said that as soon as he returned from the World Cup tournament in Germany the issue would be resolved.
Mr Justice Ayebi then adjourned the case for the parties to come to court to announce the outcome of the settlement.
AMA resumes refuse collection in Accra
By William Yaw Owusu
Tuesday, 27 June 2006
THE Accra Metropolitan Assembly (AMA) yesterday resumed the clearing of heaps of refuse that have engulfed the city of Accra over the past two weeks.
This followed an agreement reached between the AMA and the people of Oblogo, owners of the site where AMA dumps refuse.
Residents of Oblogo, near Weija in the Greater Accra Region, have for sometime now reportedly prevented refuse trucks from entering the dump-site explaining that the AMA had failed to fulfill its part of an agreement reached with them.
AMA a compensation for the use of the site was to provide the town with a clinic, drains, sanitary facilities and access roads.
The Assembly started implementing the terms of the agreement but stopped, citing the lack of funds.
Consequently, residents of Oblogo also decided against allowing further dumping of refuse at the landfill until the AMA resumed work on the projects.
AMA in reaction met with the chiefs and people Oblogo to resolve the issue and consequently resumed work on the projects thus making it possible for it to dump refuse at the site.
Speaking to the Times yesterday, Ali Baba Bature, Special Assistant to the Accra Mayor said, “By the end of the week, the AMA will clear all garbage in the city.”
The Assembly has acquired 25 trucks and 1,000 tricycles for the job adding that 4,000 more tricycles are expected very soon, he said. The tricycles are to be used to cart garbage from places the trucks cannot reach.
“All 17 private contractors have been called to the task and we are still recruiting more people to handle the tricycles.”
Currently, residents of Accra generate more than 2,000 tonnes of refuse daily, he said, and “we are able to clear 80 per cent daily.”
He said the AMA had not been able to make maximum use of the Teshie compost site because “there are too many plastic waste materials in the refuse and also because only compaction trucks can be used to dump refuse at the site which we do not have in abundance.”
The AMA is exploring the possibility of converting waste into energy and added that feasibility studies had been completed and the report was being evaluated.
Tuesday, June 27, 2006
Counsel Demands Tsatsu's Acquittal
By William Yaw Owusu
Monday, 26 June 2006 .
Counsel for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), standing trial for causing financial loss to the state, concluded his address before the Fast Track High Court in Accra last Thursday saying “acquittal of the accused is the just conclusion of this case.”
With the conclusion of the address, which spanned four court sittings, the prosecution is now expected to respond to it on July 5, after which the court, presided over by Mrs. Justice Henrietta Abban of the Court of Appeal, will fix a date for judgement.
Mr.Tsikata has been charged with three counts of causing financial loss of about Ñž2.3 billion through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company, and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Francaise de Development (ADF), in 1991, but defaulted in the payment compelling GNPC, which acted as guarantors, to pay the loan in 1996.
Concluding the address, Major R.S. Agbenator (Rtd), counsel for Mr Tsikata, said on the basis of evidence before the court, none of the ingredients of the offences, however defined by the prosecution, has been established.
“No act of the accused, apart from his entry into the guarantee agreement, has been linked to the payments that are in the particulars of the counts as charged”, he said, adding “the guarantee agreement cannot be made retroactively criminal”.
Counsel said there was no evidence of wilfully causing financial loss as there was no evidence of financial loss incurred either by GNPC or by state adding, “assets have rather been created for GNPC that are held in trust by a professional trust corporation against whom there is recourse if failure in their duty to the beneficiary”.
He said there was also no evidence of misapplication by the accused nor of the intention to misapply.
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Thursday, June 22, 2006
Plan Ghana to assist 8 c'nities on water and sanitation
By William Yaw Owusu.
Thursday June 22, 2006
Plan Ghana, a child centered development organization has signed a memoranda of understanding with eight District Assemblies to help in the implementation of water and sanitation programs.
The Districts are Agona, Awutu Effutu Senya Asebu Kwamankese Gomoa and Mfanstiman districts in the central Region Manya Krobo District in the Eastern Region as well as Sissala East and West Districts in the Upper West Region.
Under the agreement, plan Ghana will provide both financial and technical assistance in the eight assemblies in the implementation of all water and sanitation activities.
Mr. Amadou Bocoum, country Director of plan Ghana at the signing of the agreement in Accra yesterday said “we are to agree on specific water and sanitation projects and share the cost accordingly”.
He said Plan was already involved in community development intervention in education, health, food, security and micro enterprises development saying, “These are all children, families and communities to meet their basic needs.
Mr. Bocoum said the MOU “is just a test case that we want to embark upon and we will soon follow it up with more development programs”.
He called for close collaboration with the assemblies to ensure that water and sanitation activities became an eye opener for other district to follow.
The chairman for the occasion and Upper West Regional Minister, Mr. Ambrose Derry whose region, Plan Ghana is active said “Plan has been a useful partner in the development of our region their effort is complete of the Millennium Development Goals (MDG’s).
He said the situation where non-governmental organizations and other development agencies “sneaked into areas, chose their location and began work without collaborating with the assemblies must cease,” saying that this sometimes leads to some communities getting more development projects while others are completely deprived.
He said ‘we need collaboration and not dependency’.
Mr. Philip Amanor Eastern Regional Director of Community Water and Sanitation Agency (CWSA) said Plan Ghana’s initiative ‘is a clear case of partnership and collaboration in development’.
The District Chief Executives who attended the signing ceremony took turns to recount the numerous projects embarked upon by Plan Ghana in their areas.
Mr. Solomon Salia, Sissala East DCE, for instance said since 2002, Plan Ghana, apart from providing for basic educational infrastructure had sponsored more students to teacher training institutions to support the district.
Thursday June 22, 2006
Plan Ghana, a child centered development organization has signed a memoranda of understanding with eight District Assemblies to help in the implementation of water and sanitation programs.
The Districts are Agona, Awutu Effutu Senya Asebu Kwamankese Gomoa and Mfanstiman districts in the central Region Manya Krobo District in the Eastern Region as well as Sissala East and West Districts in the Upper West Region.
Under the agreement, plan Ghana will provide both financial and technical assistance in the eight assemblies in the implementation of all water and sanitation activities.
Mr. Amadou Bocoum, country Director of plan Ghana at the signing of the agreement in Accra yesterday said “we are to agree on specific water and sanitation projects and share the cost accordingly”.
He said Plan was already involved in community development intervention in education, health, food, security and micro enterprises development saying, “These are all children, families and communities to meet their basic needs.
Mr. Bocoum said the MOU “is just a test case that we want to embark upon and we will soon follow it up with more development programs”.
He called for close collaboration with the assemblies to ensure that water and sanitation activities became an eye opener for other district to follow.
The chairman for the occasion and Upper West Regional Minister, Mr. Ambrose Derry whose region, Plan Ghana is active said “Plan has been a useful partner in the development of our region their effort is complete of the Millennium Development Goals (MDG’s).
He said the situation where non-governmental organizations and other development agencies “sneaked into areas, chose their location and began work without collaborating with the assemblies must cease,” saying that this sometimes leads to some communities getting more development projects while others are completely deprived.
He said ‘we need collaboration and not dependency’.
Mr. Philip Amanor Eastern Regional Director of Community Water and Sanitation Agency (CWSA) said Plan Ghana’s initiative ‘is a clear case of partnership and collaboration in development’.
The District Chief Executives who attended the signing ceremony took turns to recount the numerous projects embarked upon by Plan Ghana in their areas.
Mr. Solomon Salia, Sissala East DCE, for instance said since 2002, Plan Ghana, apart from providing for basic educational infrastructure had sponsored more students to teacher training institutions to support the district.
Wednesday, June 21, 2006
Tsikata Suit Adjourned
By William Yaw Owusu
Wednesday, 21 June 2006
The Supreme Court yesterday adjourned to June 27 the proceedings in which Mr. Tsatsu Tsikata is challenging the Fast Track High Court (FTHC) that the International Finance Corporation (IFC) is ‘immune’ to the country’s court processes.
The FTHC, where the former Ghana National Petroleum Corporation (GNPC) Chief Executive is being tried for allegedly causing financial loss to the state, had ruled that the IFC was immune to the processes of the court, a position affirmed by the Court of Appeal.
When the case was called yesterday, Mrs. Justice Georgina T. Wood, presiding, said “Some of us do not have the statement of the respondent but others do, so we are unable to proceed “.
She indicated that the case was going to be adjourned sine die (indefinite) but Major R.S.Agbenator (Rtd), counsel for Mr. Tsikata, cut in to say, “we are trying to arrest a situation at the FTHC.We are under a threat to further proceedings at the trial court”.
The highest court of the land then rescinded its decision and asked that Mr. Tsikata return to court on June 27 for the argument to be heard.
Both the trial court and the Court of Appeal had ruled that the IFC had immunity from the courts of Ghana.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Wednesday, 21 June 2006
The Supreme Court yesterday adjourned to June 27 the proceedings in which Mr. Tsatsu Tsikata is challenging the Fast Track High Court (FTHC) that the International Finance Corporation (IFC) is ‘immune’ to the country’s court processes.
The FTHC, where the former Ghana National Petroleum Corporation (GNPC) Chief Executive is being tried for allegedly causing financial loss to the state, had ruled that the IFC was immune to the processes of the court, a position affirmed by the Court of Appeal.
When the case was called yesterday, Mrs. Justice Georgina T. Wood, presiding, said “Some of us do not have the statement of the respondent but others do, so we are unable to proceed “.
She indicated that the case was going to be adjourned sine die (indefinite) but Major R.S.Agbenator (Rtd), counsel for Mr. Tsikata, cut in to say, “we are trying to arrest a situation at the FTHC.We are under a threat to further proceedings at the trial court”.
The highest court of the land then rescinded its decision and asked that Mr. Tsikata return to court on June 27 for the argument to be heard.
Both the trial court and the Court of Appeal had ruled that the IFC had immunity from the courts of Ghana.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Tsikata Suit Adjourned
By William Yaw Owusu
Wednesday, 21 June 2006
The Supreme Court yesterday adjourned to June 27 the proceedings in which Mr. Tsatsu Tsikata is challenging the Fast Track High Court (FTHC) that the International Finance Corporation (IFC) is ‘immune’ to the country’s court processes.
The FTHC, where the former Ghana National Petroleum Corporation (GNPC) Chief Executive is being tried for allegedly causing financial loss to the state, had ruled that the IFC was immune to the processes of the court, a position affirmed by the Court of Appeal.
When the case was called yesterday, Mrs. Justice Georgina T. Wood, presiding, said “Some of us do not have the statement of the respondent but others do, so we are unable to proceed “.
She indicated that the case was going to be adjourned sine die (indefinite) but Major R.S.Agbenator (Rtd), counsel for Mr. Tsikata, cut in to say, “we are trying to arrest a situation at the FTHC.We are under a threat to further proceedings at the trial court”.
The highest court of the land then rescinded its decision and asked that Mr. Tsikata return to court on June 27 for the argument to be heard.
Both the trial court and the Court of Appeal had ruled that the IFC had immunity from the courts of Ghana.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Wednesday, 21 June 2006
The Supreme Court yesterday adjourned to June 27 the proceedings in which Mr. Tsatsu Tsikata is challenging the Fast Track High Court (FTHC) that the International Finance Corporation (IFC) is ‘immune’ to the country’s court processes.
The FTHC, where the former Ghana National Petroleum Corporation (GNPC) Chief Executive is being tried for allegedly causing financial loss to the state, had ruled that the IFC was immune to the processes of the court, a position affirmed by the Court of Appeal.
When the case was called yesterday, Mrs. Justice Georgina T. Wood, presiding, said “Some of us do not have the statement of the respondent but others do, so we are unable to proceed “.
She indicated that the case was going to be adjourned sine die (indefinite) but Major R.S.Agbenator (Rtd), counsel for Mr. Tsikata, cut in to say, “we are trying to arrest a situation at the FTHC.We are under a threat to further proceedings at the trial court”.
The highest court of the land then rescinded its decision and asked that Mr. Tsikata return to court on June 27 for the argument to be heard.
Both the trial court and the Court of Appeal had ruled that the IFC had immunity from the courts of Ghana.
Mr. Tsikata’s grounds of appeal are that “The Court of Appeal, having duly recognized that the right of the accused person to have a witness called was embodied in Article 19(2) (g) of the Constitution, was wrong to decide that the right of the applicant under that provision was ‘subject to equal right of immunity of IFC not to be ordered to appear in court to testify”.
He argued that the Court of Appeal overstepped its jurisdiction in deciding on matters which were to be decided in the appeal itself, rather than in the application for stay of proceedings that was before the court.
Mr. Tsikata contended that the court disregarded the Evidence Decree 1975 NRCD325, the statute which regulates how a court determines matters relating to a claim of immunity in a court.
He said the Court of Appeal has no jurisdiction to refuse the application on the basis of a possibility of ‘chaos’ and the ‘fate of the trial’ are rendered ‘indefinitely uncertain’ when no evidence had been put before the court.
The appellant said the Court of Appeal embarked on speculation, instead of deciding on the facts presented in the application.
He also said the Attorney General did not file any affidavit in opposition to contest the matter adding that it was an error on the face of the record for the Court of Appeal to decide that the trial court did nothing wrong in asking IFC to testify.
Other justices on the panel are S.A Brobbey, Julius Ansah, R.T. Aninakwah and Mrs. S.O Adinyirah.
Monday, June 19, 2006
Court Decides On Konadu's Motion, July 13
By William Yaw Owusu
Saturday, 17 June 2006
The Fast Track High Court trying Nana Konadu Agyemang Rawlings, former First Lady and eight others for their involvement in the divestiture of the Nsawam Cannery Company, will on July 13 rule on whether or not to stay proceedings in the matter.
The date was announced by Justice Paul Baffoe-Bonnie, presiding after an argument by both the defence and the prosecution on Wednesday in the stay of proceedings motion filed by Carridem Development Company Limited asking that a civil suit between them and the Divestiture Implementation Committee (DIC) and the Attorney General in another court should be determined before “this criminal action can go on”.
Nana Konadu is standing trial together with Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman.
The rest are Hanny Sherry Ayittey, Director, Georgina Okaitey, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company limited (CDCL).
They have been charged with 30 counts of conspiracy, causing financial loss to a public body, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.
Moving the motion at the packed court, Mr. Tony Lithur, counsel for Nana Konadu, Ayittey and CDCL told the court that “the institution of criminal proceedings against the accused in a matter which is being determined through a civil suit constitutes an abuse of the court process.”
He said the Attorney General’s powers rested in Article 88 of the constitution, saying that his power to initiate an action against a citizen “is not absolute but it is subject to judicial review”.
Counsel argued that the court had the power of discretion not to grant the Attorney General’s action if it was in bad faith saying “in this matter the AG is a defendant in the civil suit and has decided to initiate the criminal action but the reliefs being sought for in their counter claim clearly undermines his action in this criminal suit”.
He asked the court to take judicial notice of the fact that the political interest in the case could not be overlooked.
“There is a real and genuine fear that the processes are being abused and the court must not allow this to go on” Mr. Lithur further stated.
Replying for the prosecution, Mr. Joe Ghartey, the Attorney General argued that “it has not been suggested by the applicant in their application that what we are doing contravenes Article 19 of the Constitution”.
“What is being suggested is that there is a civil and criminal case on the same subject matter and we must choose one”, he argued.
He said the prosecution had not abused the court proceedings and that “if civil and criminal actions are going on simultaneously it is the civil one that has to be stayed”.
Mr Ghartey said that the Criminal Procedure Code Act 30 made no provision for a court to stay proceedings because a civil suit on the same matter was pending and added “the applicant has not shown any special circumstances to warrant a stay of proceedings’.
“Too much is being made of the AG’s powers. It is even being made that he has the power to convict but the reality is that he can only initiate criminal or civil action against individuals or a group”.
Saturday, 17 June 2006
The Fast Track High Court trying Nana Konadu Agyemang Rawlings, former First Lady and eight others for their involvement in the divestiture of the Nsawam Cannery Company, will on July 13 rule on whether or not to stay proceedings in the matter.
The date was announced by Justice Paul Baffoe-Bonnie, presiding after an argument by both the defence and the prosecution on Wednesday in the stay of proceedings motion filed by Carridem Development Company Limited asking that a civil suit between them and the Divestiture Implementation Committee (DIC) and the Attorney General in another court should be determined before “this criminal action can go on”.
Nana Konadu is standing trial together with Emmanuel Amuzu Agbodo, former Executive Secretary of the DIC, Thomas Benson Owusu, former DIC Accountant, Kwame Peprah, former Finance Minister and DIC chairman.
The rest are Hanny Sherry Ayittey, Director, Georgina Okaitey, Director and Larry Adjetey, Director/Secretary, all of Carridem Development Company limited (CDCL).
They have been charged with 30 counts of conspiracy, causing financial loss to a public body, intentionally causing loss to a public property, conspiracy to obtain public property by false statement and obtaining public property by false statement.
Moving the motion at the packed court, Mr. Tony Lithur, counsel for Nana Konadu, Ayittey and CDCL told the court that “the institution of criminal proceedings against the accused in a matter which is being determined through a civil suit constitutes an abuse of the court process.”
He said the Attorney General’s powers rested in Article 88 of the constitution, saying that his power to initiate an action against a citizen “is not absolute but it is subject to judicial review”.
Counsel argued that the court had the power of discretion not to grant the Attorney General’s action if it was in bad faith saying “in this matter the AG is a defendant in the civil suit and has decided to initiate the criminal action but the reliefs being sought for in their counter claim clearly undermines his action in this criminal suit”.
He asked the court to take judicial notice of the fact that the political interest in the case could not be overlooked.
“There is a real and genuine fear that the processes are being abused and the court must not allow this to go on” Mr. Lithur further stated.
Replying for the prosecution, Mr. Joe Ghartey, the Attorney General argued that “it has not been suggested by the applicant in their application that what we are doing contravenes Article 19 of the Constitution”.
“What is being suggested is that there is a civil and criminal case on the same subject matter and we must choose one”, he argued.
He said the prosecution had not abused the court proceedings and that “if civil and criminal actions are going on simultaneously it is the civil one that has to be stayed”.
Mr Ghartey said that the Criminal Procedure Code Act 30 made no provision for a court to stay proceedings because a civil suit on the same matter was pending and added “the applicant has not shown any special circumstances to warrant a stay of proceedings’.
“Too much is being made of the AG’s powers. It is even being made that he has the power to convict but the reality is that he can only initiate criminal or civil action against individuals or a group”.
Lawyer Files Suit For Removal Of Chief Justice
By William Yaw Owusu
Saturday, 17 June 2006
Bright Akwetey, the lawyer seeking the removal of the Chief Justice from office, has filed a suit at the Supreme Court to compel the President and the Council of State to act on his petition.
An application filed against the Attorney General on June 9, seeks the highest court of the land to “compel the President and the Council of State to act in compliance with the provisions of Article 146 (10) of the Constitution in respect of the petition dated January 13, 2006 for the removal of Mr Justice George Kingsley Acquah, Chief Justice.”
His grounds for seeking the removal of the Chief Justice as contained in the petition are the alleged abuse of office and judicial misconduct.
Mr Akwetey wants the President to suspend the Chief Justice from office pending the enquiry into the matters alleged in the petition.
“The President and the Council of State have a legal and constitutional duty to comply with Article 146 (10) (a) of the constitution in the special circumstances of this case,” he said in his affidavit in support of the motion.
He explained the grounds on which the reliefs are being sought as that the suspension of the Chief Justice is a public/official/constitutional duty that must be performed in the circumstances of this case.
“The delay in complying with Article 146 (10) (a) is causing the Chief Justice to flout the rules of natural justice by empanelling his own court to hear his case. Thus being a judge in his own case, he will interfere with the proceedings if he remains in office during the enquiry,” he pointed out.
“There has been a ‘stated misbehaviour’ of abuse of office and judicial misconduct alleged against the Chief Justice, and this requires prompt action by both the President and the Council of State. The victims of the CJ’s punitive transfers and victimization must be guaranteed the freedom, independence and the courage to assist in the enquiry,” he further noted.
The supporting affidavit to the motion states that “the official acts of the President can be challenged either by means of the prerogative writs, or by instituting actions in the
Supreme Court under Article 2 and the mandamus is squarely within the law.”
“The Council of State is a constitutional body enjoined by Article 89 (i) to counsel the President in the performance of his functions,” it said and added that it was in the law for the court to compel them to advise the President on the removal of the CJ.
It pointed out that there had been a delay on the part of the President in setting up the committee to investigate the Chief Justice since the committee was publicly announced in the second week of March.
Friday, June 16, 2006
Man feign madness in court after stealing a typewriter
By William Yaw Owusu
Friday June16,2006
A young man who allegedly broke into the premises of the 29th February Road Court popularly called Cocoa Affairs in Accra and stole one of the typewriters has landed himself into trouble.
Kwaku Oduro who is unemployed was put before one of the Circuit Courts there, charged with unlawful entry and stealing.
Oduro who feigned madness pleaded not guilty and was remanded into prison custody until June 21, to enable the police to conduct thorough investigation into the matter.
Prosecuting, Chief Inspector Margaret Awuni told the court presided over by Mrs. Jennifer Tagoe that Oduro took advantage of the downpour on June 9, to outwit security at the court premises.
At about 9:30 pm, on of the security on his usual patrol spotted five men standing in front of the typing pool and when he tried to get them they bolted and left Oduro who had entered the room to pick an Olivetti Linea 98 typewriter.
The prosecutor said he gained access to the room by removing the louvre blades and also said upon sensing that he was to be arraigned before court he started feigning madness.
Friday June16,2006
A young man who allegedly broke into the premises of the 29th February Road Court popularly called Cocoa Affairs in Accra and stole one of the typewriters has landed himself into trouble.
Kwaku Oduro who is unemployed was put before one of the Circuit Courts there, charged with unlawful entry and stealing.
Oduro who feigned madness pleaded not guilty and was remanded into prison custody until June 21, to enable the police to conduct thorough investigation into the matter.
Prosecuting, Chief Inspector Margaret Awuni told the court presided over by Mrs. Jennifer Tagoe that Oduro took advantage of the downpour on June 9, to outwit security at the court premises.
At about 9:30 pm, on of the security on his usual patrol spotted five men standing in front of the typing pool and when he tried to get them they bolted and left Oduro who had entered the room to pick an Olivetti Linea 98 typewriter.
The prosecutor said he gained access to the room by removing the louvre blades and also said upon sensing that he was to be arraigned before court he started feigning madness.
Thursday, June 15, 2006
Germann Loses Last Appeal
By William Yaw Owusu
Thursday, 15 June 2006
THE Supreme Court in Accra, yesterday dismissed an appeal filed by Nana Kwasi Agyemang, popularly known as Gemann, a pop star, who has been on death row since 1995.
Gemann shot and killed a 35-year-old taxi driver near his residence at Dome, a suburb of Accra, following an argument over Ñž1,000 on January 9,1995.
The five-member panel chaired by Ms Justice Sophia Akuffo in a unanimous decision upheld the verdict of the Court of Appeal not to grant the convict’s application.
‘The evidence adduced during the trial is so overwhelming that the court cannot quash the Court of Appeal’s decision. The appellant is still to serve his death sentence’, Mr Justice Julius Ansah, a member of the panel who read the ruling on behalf of the panel, said.
Gemann had appealed against his conviction on the grounds that the sentence handed down to him was unreasonable considering the evidence adduced before the court.
He had also said that the trial judges remark that sought to direct the jury in their verdict was ‘a positive misdirection’, adding that the issue of his intention in the killing of the deceased was never addressed by the trial court.
Gemann appealed against his conviction at the Court of Appeal and lost before going to the Supreme Court.
The highest court of the land made it clear that the courts were not there to entertain issues of superstition and added that Gemann did not need the use of a gun to reverse a curse as contained in his own statement and evidence -in –chief.
Gemann was sentenced to death while his co- accused, Abieku Nyame, popularly called Jagger Pee, an actor was jailed 25 years but had his conviction overturned by the court of appeal.
The prosecution had said that on January 9, 1995, at about 8:30 am, one Naadi Khadi,a model took a taxi from Gloryland Hotel at Odorkor to Gemann’s residence at Dome but refused to pay the pre-arranged fare of ¢4,000 and instead offered to pay ¢3,000.
The driver, who felt cheated, left without collecting the money but came back to the residence after 45 minutes to collect some sand from the footprint of Gemann who had earlier intervened by appealing to the driver to accept the ¢3,000.
This infuriated Gemann who went in for his pistol and together with Jagger Pee and others rushed on the driver who they believed had collected the sand for ‘juju’ against the musician and
in the process Germann shot the driver through the head, killing him instantly
Wednesday, June 14, 2006
Watchman Jailed 25 Years For Incest
By William Yaw Owusu
Monday, 12 June 2006
At the time that Ghanaians were preoccupied with experiencing the eclipse of the sun on March 29, a 40-year-old watchman of East Legon, in Accra, apparently had other thoughts.
To him, the period when the moon covered the sun was the perfect cover for a plan that he had hatched against his daughter.
He locked her up and raped her.
Samuel Agbeko was on Friday, sentenced by an Accra Circuit Court to a-25-year jail term. He wept bitterly when the sentence was pronounced.
Agbeko was convicted on his own plea and when asked to explain his action, he told the court in Ewe: “I do not know the satan which came over me for me to do this to my own daughter.”
He said “I did it to her and have since regretted my action. I will plead with the court to tamper justice with mercy.”
But the judge, Mrs. Jennifer Tagoe, retorted: “If you can do this to your own biological daughter, then other women are in trouble.”
Mrs. Tagoe said Agbeko was not the type of man who should be allowed to move freely in society because he knew what he was about and that was why he invited his daughter to his house.
When the victim was asked by the judge how she felt about the sentence she replied, “I am happy that my father is going to leave me in peace.”
She said before the incident, he had once threatened to kill her after he saw her chatting with one of her uncles.
Chief Inspector Margaret Awuni, prosecuting, told the court that at about 6pm on March 29, Agbeko invited his daughter, who lives with her grandmother at Madina, to his metal container home at Madina New Road to wash his clothes.
However, when she got there, the girl realised that there was nothing to be washed so she decided to leave, but her father asked her to prepare light soup for him, which she did.
“After preparing the soup, the daughter brought out a mattress and relaxed outside the container,” the prosecutor told the court.
When the eclipse occurred she moved to the room and joined her father, but he quickly locked the door and forcibly had sexual intercourse with her.
Monday, 12 June 2006
At the time that Ghanaians were preoccupied with experiencing the eclipse of the sun on March 29, a 40-year-old watchman of East Legon, in Accra, apparently had other thoughts.
To him, the period when the moon covered the sun was the perfect cover for a plan that he had hatched against his daughter.
He locked her up and raped her.
Samuel Agbeko was on Friday, sentenced by an Accra Circuit Court to a-25-year jail term. He wept bitterly when the sentence was pronounced.
Agbeko was convicted on his own plea and when asked to explain his action, he told the court in Ewe: “I do not know the satan which came over me for me to do this to my own daughter.”
He said “I did it to her and have since regretted my action. I will plead with the court to tamper justice with mercy.”
But the judge, Mrs. Jennifer Tagoe, retorted: “If you can do this to your own biological daughter, then other women are in trouble.”
Mrs. Tagoe said Agbeko was not the type of man who should be allowed to move freely in society because he knew what he was about and that was why he invited his daughter to his house.
When the victim was asked by the judge how she felt about the sentence she replied, “I am happy that my father is going to leave me in peace.”
She said before the incident, he had once threatened to kill her after he saw her chatting with one of her uncles.
Chief Inspector Margaret Awuni, prosecuting, told the court that at about 6pm on March 29, Agbeko invited his daughter, who lives with her grandmother at Madina, to his metal container home at Madina New Road to wash his clothes.
However, when she got there, the girl realised that there was nothing to be washed so she decided to leave, but her father asked her to prepare light soup for him, which she did.
“After preparing the soup, the daughter brought out a mattress and relaxed outside the container,” the prosecutor told the court.
When the eclipse occurred she moved to the room and joined her father, but he quickly locked the door and forcibly had sexual intercourse with her.
GBPA and MOES case to be settled out of court?
By William Yaw Owusu.
Wednesday, June 14, 2006
The matter between the Ghana Book Publishers Association (GBPA) and the ministry of Education and Sports (MOES) over the award of contract for the supply of school textbooks is likely to be settled out court.
This follows an indication by Mr. Jacob Acquah-Sampson, counsel for GBPA, before an Accra Fast Track High Court yesterday that “there are moves to resolve the matter amicably”.
The GBPA is suing MOES together with the Public Procurement Board (PPB) and the GET Fund Board for allegedly awarding a 28 million dollar to Macmillan Educational Limited for the supply of textbooks.
They want the court to restrain the defendants from proceeding to award the contract until the final determination of the suit.
Initially, the GETFund Board had wanted its name to be struck out of the suit but the court presided over by Mr Justice E.K Ayebi ruled that the third defendant was a necessary party to the process.
The GBPA in its statement of claim , is seeking to restrain the defendants from proceeding with the award of the contract to Macmillan Educational Limited for the supply of textbooks until the final determination of the case.
It is also seeking a declaration that the decision by the first defendant, MOES, to engage in single source procurement for the acquisition of books for schools from Macmillan “is factually and legally unwarranted and violates the provision of the Public Procurement Act 2003, Act 663.”
The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MOES to proceed with the single sourcing procurement to purchase the books.
The association is also seeking an order to compel the Ministry to comply with the proper procurement procedure for the intended purchase of the books.
When the case was called neither counsel for MOES nor GETFund and their representatives were in court but the PPB was represented by Naa Afarley Dadzie and she indicated to the court that she received the GBPA’s statement of case very late and needed time to be able to reply.
The court then adjourned the case to June 26, to enable the PPB to reply to the GBPA’s statement of case.
Wednesday, June 14, 2006
The matter between the Ghana Book Publishers Association (GBPA) and the ministry of Education and Sports (MOES) over the award of contract for the supply of school textbooks is likely to be settled out court.
This follows an indication by Mr. Jacob Acquah-Sampson, counsel for GBPA, before an Accra Fast Track High Court yesterday that “there are moves to resolve the matter amicably”.
The GBPA is suing MOES together with the Public Procurement Board (PPB) and the GET Fund Board for allegedly awarding a 28 million dollar to Macmillan Educational Limited for the supply of textbooks.
They want the court to restrain the defendants from proceeding to award the contract until the final determination of the suit.
Initially, the GETFund Board had wanted its name to be struck out of the suit but the court presided over by Mr Justice E.K Ayebi ruled that the third defendant was a necessary party to the process.
The GBPA in its statement of claim , is seeking to restrain the defendants from proceeding with the award of the contract to Macmillan Educational Limited for the supply of textbooks until the final determination of the case.
It is also seeking a declaration that the decision by the first defendant, MOES, to engage in single source procurement for the acquisition of books for schools from Macmillan “is factually and legally unwarranted and violates the provision of the Public Procurement Act 2003, Act 663.”
The association further wants a declaration that the second defendant, Public Procurement Board, erred in law when it granted approval to the MOES to proceed with the single sourcing procurement to purchase the books.
The association is also seeking an order to compel the Ministry to comply with the proper procurement procedure for the intended purchase of the books.
When the case was called neither counsel for MOES nor GETFund and their representatives were in court but the PPB was represented by Naa Afarley Dadzie and she indicated to the court that she received the GBPA’s statement of case very late and needed time to be able to reply.
The court then adjourned the case to June 26, to enable the PPB to reply to the GBPA’s statement of case.
Court begions hearing suit against Korle-Bu Hospital
By William Yaw Owusu
Wednesday, June14 ,2006.
A Fast Track High Court in Accra yesterday commenced proceedings into the case in which a 14 year old boy has filed a suit against the Korle-Bu Teaching Hospital in Accra, claiming ¢800 million damages for negligence.
The suit, filed through the boy’s mother, Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu, for a “wrongful operation” they conducted on him in September, last year.
The suit said the doctors had operated on the boy’s left knee instead of the right, after he was diagnosed of a torn patella ligament.
Furthermore, according to the suit, his father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mr Thomas Hughes, counsel for the plaintiff told the court presided over by Mr Justice E K Ayebi that some of the additional issues set out in the defendants statement of defence were not necessary as far as the determination of the suit was concerned.
But Nana Yaa Faibille ,counsel for the defendants said the additional issues were “very necessary because in one of our issues we said that the condition in which the boy reported is different from what we diagnosed”.
The court therefore ruled that some of the additional issues raised by the defendants “are relevant and should be included in their defense” and the case was adjourned to June 28.
The issues to be included are whether or not the boy was diagnosed with an avulsion of the right tibial teberosity and calcification in the right patella tendon.
There is also the issue of whether or not the muscle of the plaintiff ‘s left knee were laxed and therefore needed to be operated upon and whether or not the boy had ever reported to the defendant for any reviews after the surgery was performed.
Wednesday, June14 ,2006.
A Fast Track High Court in Accra yesterday commenced proceedings into the case in which a 14 year old boy has filed a suit against the Korle-Bu Teaching Hospital in Accra, claiming ¢800 million damages for negligence.
The suit, filed through the boy’s mother, Gladys Darko, cites the governing board of the hospital as well as Dr Kennedy Addo, Dr Korpisah and Dr Agbeko, all employees of Korle-Bu, for a “wrongful operation” they conducted on him in September, last year.
The suit said the doctors had operated on the boy’s left knee instead of the right, after he was diagnosed of a torn patella ligament.
Furthermore, according to the suit, his father suffered a cardiac arrest and died as a result of the doctors’ negligence.
Mr Thomas Hughes, counsel for the plaintiff told the court presided over by Mr Justice E K Ayebi that some of the additional issues set out in the defendants statement of defence were not necessary as far as the determination of the suit was concerned.
But Nana Yaa Faibille ,counsel for the defendants said the additional issues were “very necessary because in one of our issues we said that the condition in which the boy reported is different from what we diagnosed”.
The court therefore ruled that some of the additional issues raised by the defendants “are relevant and should be included in their defense” and the case was adjourned to June 28.
The issues to be included are whether or not the boy was diagnosed with an avulsion of the right tibial teberosity and calcification in the right patella tendon.
There is also the issue of whether or not the muscle of the plaintiff ‘s left knee were laxed and therefore needed to be operated upon and whether or not the boy had ever reported to the defendant for any reviews after the surgery was performed.
Tuesday, June 13, 2006
Watchman Jailed 25 Years For Incest
By William Yaw Owusu
Monday, 12 June 2006
At the time that Ghanaians were preoccupied with experiencing the eclipse of the sun on March 29, a 40-year-old watchman of East Legon, in Accra, apparently had other thoughts.
To him, the period when the moon covered the sun was the perfect cover for a plan that he had hatched against his daughter. He locked her up and raped her.
Samuel Agbeko was on Friday, sentenced by an Accra Circuit Court to a-25-year jail term. He wept bitterly when the sentence was pronounced.
Agbeko was convicted on his own plea and when asked to explain his action, he told the court in Ewe: “I do not know the satan which came over me for me to do this to my own daughter.”
He said “I did it to her and have since regretted my action. I will plead with the court to tamper justice with mercy.”
But the judge, Mrs. Jennifer Tagoe, retorted: “If you can do this to your own biological daughter, then other women are in trouble.”
Mrs. Tagoe said Agbeko was not the type of man who should be allowed to move freely in society because he knew what he was about and that was why he invited his daughter to his house.
When the victim was asked by the judge how she felt about the sentence she replied, “I am happy that my father is going to leave me in peace.”
She said before the incident, he had once threatened to kill her after he saw her chatting with one of her uncles.
Chief Inspector Margaret Awuni, prosecuting, told the court that at about 6pm on March 29, Agbeko invited his daughter, who lives with her grandmother at Madina, to his metal container home at Madina New Road to wash his clothes.
However, when she got there, the girl realised that there was nothing to be washed so she decided to leave, but her father asked her to prepare light soup for him, which she did.
“After preparing the soup, the daughter brought out a mattress and relaxed outside the container,” the prosecutor told the court.
When the eclipse occurred she moved to the room and joined her father, but he quickly locked the door and forcibly had sexual intercourse with her.
By William Yaw Owusu
Monday, 12 June 2006
At the time that Ghanaians were preoccupied with experiencing the eclipse of the sun on March 29, a 40-year-old watchman of East Legon, in Accra, apparently had other thoughts.
To him, the period when the moon covered the sun was the perfect cover for a plan that he had hatched against his daughter. He locked her up and raped her.
Samuel Agbeko was on Friday, sentenced by an Accra Circuit Court to a-25-year jail term. He wept bitterly when the sentence was pronounced.
Agbeko was convicted on his own plea and when asked to explain his action, he told the court in Ewe: “I do not know the satan which came over me for me to do this to my own daughter.”
He said “I did it to her and have since regretted my action. I will plead with the court to tamper justice with mercy.”
But the judge, Mrs. Jennifer Tagoe, retorted: “If you can do this to your own biological daughter, then other women are in trouble.”
Mrs. Tagoe said Agbeko was not the type of man who should be allowed to move freely in society because he knew what he was about and that was why he invited his daughter to his house.
When the victim was asked by the judge how she felt about the sentence she replied, “I am happy that my father is going to leave me in peace.”
She said before the incident, he had once threatened to kill her after he saw her chatting with one of her uncles.
Chief Inspector Margaret Awuni, prosecuting, told the court that at about 6pm on March 29, Agbeko invited his daughter, who lives with her grandmother at Madina, to his metal container home at Madina New Road to wash his clothes.
However, when she got there, the girl realised that there was nothing to be washed so she decided to leave, but her father asked her to prepare light soup for him, which she did.
“After preparing the soup, the daughter brought out a mattress and relaxed outside the container,” the prosecutor told the court.
When the eclipse occurred she moved to the room and joined her father, but he quickly locked the door and forcibly had sexual intercourse with her.
Monday, June 12, 2006
Supreme Court rules in Osu Stool Affairs
By William Yaw Owusu .
Saturday, 10 June 2006
The Supreme Court in Accra has ruled that the Osu Mantse is the rightful and proper person to represent the Osu Stool in litigation.
The court has therefore dismissed an appeal filed by Nii Ako Nortei II, Mankralo of Osu, that sought to prevent Nii Nortey Owuo III, the Osu Mantse, from praying an Accra High Court to be substituted as the sole person who could represent the stool in litigation in a substantive case.
The five-member panel, chaired by Mr. Justice William A. Atuguba, awarded a Ñž5 million cost in favour of the Osu Mantse.
The Mankralo had appealed against the Osu Mantse’s decision at the Court of Appeal before going to the Supreme Court and this is in a substantive matter between the Osu Stool in which the Mankralo is an interested party and Unilever Ghana Limited and the Osu Mantse.
In the judgment, the Supreme Court held that “the Osu Mantse, co-plaintiff appellant as occupant of the Osu Stool, is the proper person entitled to sue and be sued in respect of land title to which is vested in Osu stool.”
The court described as startling the first round of appeal by the Mankralo to the effect that on the strength of the evidence there were other persons such as the appellant who could represent the Osu stool in litigation.
“The question of whether the Osu Mantse is the proper person to represent the Osu stool in litigation is not a question of fact but of customary law,” it said.
The court said the appellant’s argument that “it is undesirable that a native court should insist upon an express authority given by the stool occupant since this might result in persons other then the natural representatives representing the stool” reinforced the fact that the Osu Mantse “is the rightful person and therefore has the primary function of representing the stool in litigation”.
It said the appellant’s counsel had argued that the matter affected chieftaincy which the High Court had no jurisdiction to determine but “on the facts of this case, no real or genuine question arose concerning chieftaincy.”
Appellants counsel had submitted that in a letter dated August 5, 1986 the then Greater Accra Regional Administration Officer had said government had withdrawn recognition from the intervener as Osu Mantse and that all processes leading to the acquisition of his status as a chief had been “utterly nullified.”
But the Supreme Court held that “it is common knowledge that the Provisional National Defence Council (PNDC) did not alter the substantive positions of chiefs in the manner claimed for the letter of the Regional Administrative Office. The PNDC did so through legislation.”
The court said “it is not new learning that mere governmental withdrawal of recognition as it obtained before the 1979 and 1992 constitution of Ghana, operated to deprive the affected chief not of his customary status and functions as a chief but only of his statutory functions.”
Monday, June 05, 2006
3 students injured in clash over 'Wee'
By William Yaw Owusu.
Monday, 05 June 2006
LAST Friday, some students from the Emit Electronic Institute reportedly clashed with their counterparts at Odorgonno Secondary School both in Accra, resulting in injuries to three students.
The students from Emit, at Kaneshie, were said to have gone to the campus of Odorgonno, at Awoshie in the western part of Accra, in a commercial mini bus allegedly to ask for directions to where they could buy Indian hemp, popularly callee 'Wee'
The Odorgonno students were alleged to have told the Emit boys that Indian hemp was not sold on the school compound, but this apparwith the Emit students who reportedly attacked them.
In an interview with the Times on Saturday morning Mary Amankwah, headmistress of Odorgonno Secondary School said the Emit students, numbering about 15, entered the campus wieling offensive weapons such as cutlasses, knives, clubs, sticks, electrical wires and stones.
She said this was at a time when school had closed and students were on their way home.
“The Emit students demanded from our students where “wee’ is sold in the school’, she said, adding“when our students told them they did not sell ‘wee’ here they started manhandling them.”
Mrs Amankwah said that some of the Emit students went through a nearby bush, entered the junior classroom block and began to “whip our students with wires.”
“For about two hours (4pm to 6pm) the Emit students continued to beat up our students without any provocation until we called in the police from Odorkor who came to maintain order before picking up one of the boys that our students had been able to apprehend,” she added.
Asked about what could have triggered this, the headmistress said, “as far as I am concerned there is no bad blood between our school and Emit, and also we are not in the same zone with them when it comes to sports.”
Mrs Amankwah named Master Emmanuel Gyasi, a form two Visual Arts student as the one who was seriously injured while two others she could not identify immediately sustained minor injuries.
She said that some of her students, mostly girls, were traumatized by the incident. Both the acting Director General of the Ghana Education Service, Mr Michael Nsowah and the District Director of Education had called to enquire about the incident which they said they heard on radio. She was yet to inform them formally, however.
Mrs Amankwah said the school has no fence wall, a situation that threatens the security and safety of students.
Superintendent Joseph Pius Kesseh, Commander of the Odorkor District Police, confirming the incident, said one of the Emit boys Evans Enchill, 17, a first year student popularly called “Kakalika,” is in their custody.
Enchill allegedly told the police that he had accompanied his seniors to Odorgonno for a funfair.
He gave the seniors’ nick names, Mali and Gunshot saying he did hot know their real names.
Supt. Kesseh said in collaboration with the police at Anyaa the driver of the bus allegedly used by the Emit students had been arrested.
Sunday, June 04, 2006
GBA Compiles Women's grievances
By William Yaw Owusu .
Saturday, 03 June 2006
A book on judicial pronouncements on women’s rights, and records of women’s grievances as told in Ghanaian courts, has been launched in Accra.
Speaking at the launch, GBA president, Solomon Kwami Tetteh, called for prompt attention by law enforcement agencies and the law courts on issues relating to violation of women’s rights.
“The association holds firmly onto the view that women’s rights are human right and so such, harmful traditional practices, domestic violence, discriminatory cultural habits against them have become matters of great concern, Mr. Tetteh said.
“The bar”, he said “believes that lawyers and judges have an important role to play in the enforcement of human rights laws in Ghana”.
He said Ghana has fulfilled many of her obligations at the international level by ratifying significant instruments on women’s rights, adding that the time had come for all stakeholders to move to ensure that the rights of women were safeguarded.
The 302-page document was put together by the Ghana Legal Literacy and Resource Foundation, under the auspices of the Ghana Bar Association, with funding from the British High Commission’s small Grant Scheme.
Hajia Alima Mahama, Minister of Women and Children’s Affairs, said that the Domestic Violence Bill was receiving the needed attention in parliament.
Saying that the country has comprehensive laws to protect the rights of women and children, she lamented that weak institutional structures are however hampering efforts at making the desired impact in that direction.
She called for more documentation and research into issues affecting women and children’s rights.
Launching the book, Mr. Joe Ghartey, Attorney-General and Minister of Justice-designate, said, “we are gaining high international recognition in the way we handle women’s rights issues in this country.”
He noted that no politician or political party could succeed without the active participation of women in their activities.
Menna Rawlings, Deputy British High Commissioner, said women occupy only 16 per cent in parliaments of all developing countries.
Consequently, she said, the British government is seriously collaborating with developing countries to address the inequalities.
Mrs. Rawlings said for instance that her government last year spent 270 million pounds towards safeguarding the rights of women in the world and 152,000 pounds in promoting girl-child education in Ghana.
Professor Nii Ashie Kotei, acting Director of the Ghana Law School, who chaired the function said “if the country is to develop faster, then we need to prioritise the needs of women who form the majority”.
The first copy of the book was auctioned for ¢5million
Friday, June 02, 2006
Tsikata's Counsel Begins Address
By William Yaw Owusu
Friday, 02 June 2006
COUNSEL for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is standing trial on charges of causing financial loss to the state, yesterday began addressing the Accra Fast Track High Court.
Both the prosecution and defence are expected to address the court, after which the Judge will set a date for judgement.
Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Fracaise De, Development (ADF), but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
Professor Emmanuel Victor Oware Dankwa, counsel for Tsikata, told the court, presided over by Mrs Justice Henrietta Abban, that there were still errors in the entire proceedings, but said, “despite these, I will proceed to address this court.”
Before the case was adjourned to June 12, Professor Dankwa indicated to the court that the address would be based on seven grounds.
He said the defence would firstly “show that the charges against the accused remain flawed in terms of the constitutional provisions against retroactive legislation and requiring an existing law to be the basis of any charge.”
Secondly, “we show that the evidence from the prosecution witnesses exonerates the accused completely. We show that Mr Jude Arthur, one of the witnesses told numerous lies to the court which are exposed by testimony from other prosecution witnesses and the documents they tendered and from defence’s evidence.”
Also, “we show the importance of the testimony from the court witnesses not only for discrediting Mr. Arthur but, even more, for bringing over 40 relevant documents which exonerate the accused.”
Furthermore, “we show that evidence from the defence was truthful and confirmed by the documentary testimony produced by the court witnesses and even the prosecution itself.”
Prof. Dankwa further said they will “highlight the legal provisions applicable to evidence before the court and prove that the only possible outcome in this trial is acquittal.
He said they will also relate the legal provisions of the ingredients of each of the counts and make some remarks about the conduct of the trial.
By William Yaw Owusu
Friday, 02 June 2006
COUNSEL for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is standing trial on charges of causing financial loss to the state, yesterday began addressing the Accra Fast Track High Court.
Both the prosecution and defence are expected to address the court, after which the Judge will set a date for judgement.
Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Fracaise De, Development (ADF), but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
Professor Emmanuel Victor Oware Dankwa, counsel for Tsikata, told the court, presided over by Mrs Justice Henrietta Abban, that there were still errors in the entire proceedings, but said, “despite these, I will proceed to address this court.”
Before the case was adjourned to June 12, Professor Dankwa indicated to the court that the address would be based on seven grounds.
He said the defence would firstly “show that the charges against the accused remain flawed in terms of the constitutional provisions against retroactive legislation and requiring an existing law to be the basis of any charge.”
Secondly, “we show that the evidence from the prosecution witnesses exonerates the accused completely. We show that Mr Jude Arthur, one of the witnesses told numerous lies to the court which are exposed by testimony from other prosecution witnesses and the documents they tendered and from defence’s evidence.”
Also, “we show the importance of the testimony from the court witnesses not only for discrediting Mr. Arthur but, even more, for bringing over 40 relevant documents which exonerate the accused.”
Furthermore, “we show that evidence from the defence was truthful and confirmed by the documentary testimony produced by the court witnesses and even the prosecution itself.”
Prof. Dankwa further said they will “highlight the legal provisions applicable to evidence before the court and prove that the only possible outcome in this trial is acquittal.
He said they will also relate the legal provisions of the ingredients of each of the counts and make some remarks about the conduct of the trial.
Tsikata's Counsel Begins Address
By William Yaw Owusu
Friday, 02 June 2006
COUNSEL for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is standing trial on charges of causing financial loss to the state, yesterday began addressing the Accra Fast Track High Court.
Both the prosecution and defence are expected to address the court, after which the Judge will set a date for judgement.
Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Fracaise De, Development (ADF), but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
Professor Emmanuel Victor Oware Dankwa, counsel for Tsikata, told the court, presided over by Mrs Justice Henrietta Abban, that there were still errors in the entire proceedings, but said, “despite these, I will proceed to address this court.”
Before the case was adjourned to June 12, Professor Dankwa indicated to the court that the address would be based on seven grounds.
He said the defence would firstly “show that the charges against the accused remain flawed in terms of the constitutional provisions against retroactive legislation and requiring an existing law to be the basis of any charge.”
Secondly, “we show that the evidence from the prosecution witnesses exonerates the accused completely. We show that Mr Jude Arthur, one of the witnesses told numerous lies to the court which are exposed by testimony from other prosecution witnesses and the documents they tendered and from defence’s evidence.”
Also, “we show the importance of the testimony from the court witnesses not only for discrediting Mr. Arthur but, even more, for bringing over 40 relevant documents which exonerate the accused.”
Furthermore, “we show that evidence from the defence was truthful and confirmed by the documentary testimony produced by the court witnesses and even the prosecution itself.”
Prof. Dankwa further said they will “highlight the legal provisions applicable to evidence before the court and prove that the only possible outcome in this trial is acquittal.
He said they will also relate the legal provisions of the ingredients of each of the counts and make some remarks about the conduct of the trial.
By William Yaw Owusu
Friday, 02 June 2006
COUNSEL for Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), who is standing trial on charges of causing financial loss to the state, yesterday began addressing the Accra Fast Track High Court.
Both the prosecution and defence are expected to address the court, after which the Judge will set a date for judgement.
Tsikata has been charged with three counts of causing financial loss of about ¢2.3 billion through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company and another count of misapplying public funds.
Valley Farms contracted the loan from Caisse Centrale, now Agence Fracaise De, Development (ADF), but defaulted in the payment, compelling GNPC which acted as guarantors, to pay the loan in 1996.
Professor Emmanuel Victor Oware Dankwa, counsel for Tsikata, told the court, presided over by Mrs Justice Henrietta Abban, that there were still errors in the entire proceedings, but said, “despite these, I will proceed to address this court.”
Before the case was adjourned to June 12, Professor Dankwa indicated to the court that the address would be based on seven grounds.
He said the defence would firstly “show that the charges against the accused remain flawed in terms of the constitutional provisions against retroactive legislation and requiring an existing law to be the basis of any charge.”
Secondly, “we show that the evidence from the prosecution witnesses exonerates the accused completely. We show that Mr Jude Arthur, one of the witnesses told numerous lies to the court which are exposed by testimony from other prosecution witnesses and the documents they tendered and from defence’s evidence.”
Also, “we show the importance of the testimony from the court witnesses not only for discrediting Mr. Arthur but, even more, for bringing over 40 relevant documents which exonerate the accused.”
Furthermore, “we show that evidence from the defence was truthful and confirmed by the documentary testimony produced by the court witnesses and even the prosecution itself.”
Prof. Dankwa further said they will “highlight the legal provisions applicable to evidence before the court and prove that the only possible outcome in this trial is acquittal.
He said they will also relate the legal provisions of the ingredients of each of the counts and make some remarks about the conduct of the trial.
Korle-Bu Files Its Defence
By William Yaw Owusu
Friday, 02 June 2006
THE Korle-Bu Teaching Hospital has filed its defence in the case in which a 14-year-old boy has sued it claiming ¢800 million damages for negligence.
The suit, filed at the Accra Fast Track High Court through the boy’s mother, Gladys Darko, cites the governing board of the hospital, as well as Doctors Kennedy Addo, Korpisah and Agbeko, all of Korle-Bu, for a “wrongful operation” performed on him on September 13, 2005.
The suit stated that the doctors operated on the boy’s left knee instead of the right, after he was diagnosed with a torn patellaligament.
In a 34 paragraphed statement filed on May 24 by Lexcom Associates, solicitors of the defendants the hospital said sometime in May last year, the boy reported to them with a problem in the right knee for treatment.
It said that “a clinical and radiological examination also confirmed that the boy had an avulsion of the right tibial tuberosity and calcification in the right patella tendon.”
The statement said Dr M.K. Larnyoh, a senior medical officer at the Orthopaedic Clinic and Trauma Unit, (now deceased) re-assessed and confirmed the diagnosis before booking the boy for surgery during his school vacation.
It said that it was Dr Larnyoh, the head of the surgical team, who took the decision to operate on the boy’s right knee.
It said that while the boy was under general anaesthesias prior to the operation on the right knee, “ the boy’s left patella tendon was observed to be lax and needed to be operated on urgently.
“To correct the lax left patella tendon, Dr Larnyoh performed a z-plasty to tighten the left patella tendon.”
The statement said Dr Agbeko being the Anaesthetist, left the theatre before the operation commenced while Dr Addo and Dr Korpisah who were understudying Dr Larnyoh, were not involved in the surgery.
They denied that their action had led to a deformity in the boy’s left knee and leg.
They statement said that the defendants had not been “extremely negligent and recklessly careless,” in their handling of the boy and were not in breach of duty in giving professional care to the boy.
The defendants argued that the boy was not entitled to any of his claims as contained in his writ of summons.
In his reply to the statement of defence, filed on May 30 by his counsel, Mr Thomas Hughes, the boy denied that he had ever been diagnosed as having an avulsion on the right tibial tuberosity.
The reply said medical records showed that the three doctors actively participated in the surgery and claimed that his left knee was diagnosed as intact from the first day he attended hospital.
The boy said his right knee earmarked for the surgery was left untouched, and claimed that the doctors admitted their fault and gave the assurance that the damage would not be fatal.
He said after realizing their mistake, the defendants operated on the right knee nine days after the wrong operation.
By William Yaw Owusu
Friday, 02 June 2006
THE Korle-Bu Teaching Hospital has filed its defence in the case in which a 14-year-old boy has sued it claiming ¢800 million damages for negligence.
The suit, filed at the Accra Fast Track High Court through the boy’s mother, Gladys Darko, cites the governing board of the hospital, as well as Doctors Kennedy Addo, Korpisah and Agbeko, all of Korle-Bu, for a “wrongful operation” performed on him on September 13, 2005.
The suit stated that the doctors operated on the boy’s left knee instead of the right, after he was diagnosed with a torn patellaligament.
In a 34 paragraphed statement filed on May 24 by Lexcom Associates, solicitors of the defendants the hospital said sometime in May last year, the boy reported to them with a problem in the right knee for treatment.
It said that “a clinical and radiological examination also confirmed that the boy had an avulsion of the right tibial tuberosity and calcification in the right patella tendon.”
The statement said Dr M.K. Larnyoh, a senior medical officer at the Orthopaedic Clinic and Trauma Unit, (now deceased) re-assessed and confirmed the diagnosis before booking the boy for surgery during his school vacation.
It said that it was Dr Larnyoh, the head of the surgical team, who took the decision to operate on the boy’s right knee.
It said that while the boy was under general anaesthesias prior to the operation on the right knee, “ the boy’s left patella tendon was observed to be lax and needed to be operated on urgently.
“To correct the lax left patella tendon, Dr Larnyoh performed a z-plasty to tighten the left patella tendon.”
The statement said Dr Agbeko being the Anaesthetist, left the theatre before the operation commenced while Dr Addo and Dr Korpisah who were understudying Dr Larnyoh, were not involved in the surgery.
They denied that their action had led to a deformity in the boy’s left knee and leg.
They statement said that the defendants had not been “extremely negligent and recklessly careless,” in their handling of the boy and were not in breach of duty in giving professional care to the boy.
The defendants argued that the boy was not entitled to any of his claims as contained in his writ of summons.
In his reply to the statement of defence, filed on May 30 by his counsel, Mr Thomas Hughes, the boy denied that he had ever been diagnosed as having an avulsion on the right tibial tuberosity.
The reply said medical records showed that the three doctors actively participated in the surgery and claimed that his left knee was diagnosed as intact from the first day he attended hospital.
The boy said his right knee earmarked for the surgery was left untouched, and claimed that the doctors admitted their fault and gave the assurance that the damage would not be fatal.
He said after realizing their mistake, the defendants operated on the right knee nine days after the wrong operation.
Appeals Court frees Caseley-Hayford
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By William Yaw Owusu .
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| Friday, 02 June 2006 | |
THE Court of Appeal yesterday quashed the conviction of Ralph Casely-Hayford, a businessman who has been serving a-three-year jail term for his role in the divestiture of the Ghana Rubber Estates Limited (GREL). He was jailed by an Accra Fast Track High Court on April 21, 2005, for allegedly accepting a bribe of Ñž70 million to influence a public officer in the divestiture. Two others, Hanny Sherry Ayittey, treasurer of the 31st December Women’s Movement and Emmanuel Agbodo, Executive Secretary of the Divestiture Implementation Committee (DIC), who were also tried in the case were freed by the Fast Track Court, presided over by Mr Justice J.C. Amonoo-Monney, for lack of evidence. In its unanimous decision, the three-member panel of the Appeal Court, presided over by Nana Justice P.K. Owusu-Ansah, upheld counsel’s view that the prosecution failed to establish beyond reasonable doubt that the funds from which the accused was allegedly paid Ñž70 million were available in June 1996, the month in which the offence was allegedly committed. “In fact, Societe Industriale Plantation Hevea (SIPH) won the bid on June 26, 1996 and the prosecution had led evidence to the extent that the alleged bribery took place in September 1996,” the court said, adding that since the SIPH had already won the bid, it could not have faced any challenge in September 1996. The trial judge, according to the court erred in holding that the evidential burden rested on the accused since the trial court had relied on “tainted evidence of the prosecution witnesses to conclude that the prosecution had proved beyond reasonable doubt, a case against the accused.” The court further shared counsel’s view that the trial judge failed to resolve doubts and contradictions in the prosecution’s case in favour of Caseley-Hayford. The evidence of an accomplice whom the prosecution used as a witness , the court said, was always taken seriously by the courts but added that it was also a fact that “sometimes, such accomplices can be economical with the truth.” The court further noted that the fact that Dr Owusu Banafo, a witness in the case, had told the court that SIPH won the bid on merit should have prompted the court to give the benefit of the doubt to Casely-Hayford. “With the above submission, all the grounds of appeal succeeds. The appellant is acquitted and discharged forthright,” the court stated. Other members of the panel were Justice Tweneboah Kodua and F. Kusi Appiah. |
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