CHINA BARKS OVER ROAD FUNDING

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, July 23, 2015

It is emerging that the refusal of the Chinese government to grant loan application put in by Ghana for the financing of road projects is going to hurt many ongoing road projects in the long run.

DAILY GUIDE learnt that apart from the three projects the Chinese have declined to finance, they are also refusing to re-finance the construction of four other projects.

The letter declining Ghana’s loan application had been signed on June 26, 2015 by Ji Chun, Regional Director of the Export-Import (Exim) Bank of China and addressed to the Finance Minister, Seth Terpker referred the government to an earlier letter of April 3, 2015 in which the issue of re-financing was discussed.

“In addition, regarding to the four re-financing road projects, please refer to our letter dated April 3, 2013. We still suggest that your ministry take other financing resource into consideration.”

The three major roads that were outrightly denied financing included Accra Ring Road Outer project, Mankessim/Agona-Swedru/Nsawam and the Dodowa/Kpong and Somanya/Akuse Junction road re-construction projects.

According to the Chinese, it was “not appropriate to utilize a Chinese concessionary loan to implement these projects,” adding “otherwise it may increase burden of your country.”

Ghana is already struggling with how to finance is mounting debt portfolio currently pegged at GHC90 million as at May, 2015.

The government is borrowing money at high interest rate to service interest on debt, a development that keeps the debt profile rising at an alarming rate.

The Asian giant suggested Ghana to “take financing resource into consideration,” in order to qualify for such a facility.

They said that per the Chinese government’s guidelines, Concessional Loan and Preferential Buyer Credit were “mainly directed towards projects with good financial benefits and repayment abilities,” adding that the road projects for which Ghana was seeking for funds “lack financial abilities.”

A lot of Chinese road projects in the capital appear to have been stalled of late and classic example is the almost-completed 37-Burma Camp-La Palm Junction highway.

The contractor on the site has not been seen working in recent weeks.

President John Mahama has said despite the large number of road projects underway, there still remained a lot to be done in the sector and added that “there is however, considerable evidence to show that no effort is being spared to fix the country’s roads.”

In his 2015 State-of-the-nation address delivered on February 26, President John Mahama had said “This year we are beginning what would be the single largest intervention in the road sector in this country.

“The project would see investments of about GH¢1 billion in roads commencing this year and ending in 2019 during my second term in office. These projects will be funded with a mix of Cocoa infrastructure fund financing and Government of Ghana budgetary support.”

He said in the same address that “this year, we will commence work on the redevelopment of the Accra-Tema Motorway into a six-lane highway with interchanges,” however, the year is fast coming to an end without any visible attempt to commence the project.

“Resurfacing works will also take place on roads in North and South Kanda, James Town, Adabraka, Mamprobi, Chorkor, Adenta and Madina,” he added.

MORE QUERIES FOR APAU

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, July 21, 2015

Reports reaching DAILY GUIDE indicate that the Commission of Enquiry tasked to investigate the payment of various judgment debts did not request for record of proceedings in the Woyome GH¢ 51.2 million scandal.

In spite of the developments, the commission chaired by the recently-appointed Supreme Court Justice Yaw Apau made adverse findings against then Attorney General Betty Mould-Iddrisu and her Deputy Ebo Barton-Oduro as well as Justice I.O. Tanko Amadu, the trial judge who caused the payment of GH¢51.2million judgment debt to the supposed National Democratic Congress (NDC) bankroller, Alfred Agbesi Woyome.

Results of an application for search in the ‘Woyome versus AG,’ case obtained by DAILY GUIDE showed that all the directives of Justice Tanko Amadu were not adhered to by the then AG in settling Woyome’s supposed controversial judgment debt.

On whether there was any request by or on behalf of the commission for the certified true copies of the processes filed and the ruling in the suit, the registry replied that there was no such request.

The search result also showed that there was no application for search by or on behalf of the commission.

Furthermore, the search revealed that the Sole-Commissioner did not request the attendance of the Registrar of the High Court (Commercial Division) to testify on matters relating to the Woyome suit as well as the court processes filed and the various rulings.

Commission’s Proceedings

It will be recalled that the Judgement Debt Commission ended its proceedings last year without the appearance of some powerful people tagged by critics as ‘architects’ of modern day judgment debt payments.

Former ministers under whose tenure most of the ‘dubious’ and ‘frivolous’ judgment debts were paid were not called to give testimonies about how the ‘monster’ called judgement debt suddenly gained root in Ghana’s politico lexicon but the leaked report indicated that the commission had relied on documents made available.

The two ministers who were on the lips of the public as having supervised some of the alleged payments that somewhat triggered the setting up of the commission by President John Mahama were Mrs. Mould Iddrisu and Barton-Oduro, now deputy Speaker of Parliament.

More queries

An earlier search on the matter had revealed how the Attorney General’s (AG’s) Department flagrantly abused the due diligence processes in spite of the trial judge’s orders.

All the directives of Justice Tanko Amadu were not adhered to by then AG in settling Woyome’s supposed controversial judgment debt.

On whether or not a Certificate of Judgement was issued in compliance with Section 15 of the State Proceedings Act (1998) Act 555 for service on the defendant in respect of the amount of GH¢17,094,493.53 as ordered by the trial judge, the registry replied “No”.

The results showed that the order for an undertaking to be extracted from Mr. Woyome and filed in the court as ordered was never done and the order for a stay of execution of the payment of GH¢34,188,987.06 as ordered by Justice Tanko Amadu on September 2010 was also never varied by the trial court or any other court.

Furthermore, the search result showed that there was no order by a pre-trial judge for the payment of any other sum to Mr. Woyome apart from the order for the payment of GH¢17,094,493.53 which was done conditionally.

It said there was no certificate of judgement issued for the payment of the balance of GH¢34,188,987.06 to Mr. Woyome and there was also no payment of money in the suit made to the court for tax purposes.

The search finally said Mr. Woyome did not pay tax on the judgement debt.

Leaked report

The Sole-Commissioner’s leaked report had raised serious issues about the basis and propriety to award and order the payment of judgment debt to Woyome.

Mr. Woyome claimed that the state owed him for job done in the stadia refurbishment for CAN 2008 tournament. The Sole Commissioner rubbished the claim indicting the trial judge as well as Mrs Mould Iddrisu for doing a shoddy job.

Notorious Case

It said “this Commission finds as a fact that there was no basis for the payment of the sum of over GH¢51million to the plaintiff, Alfred Agbesi Woyome”, describing the case as “the most notorious of all judgment debt cases that this commission was tasked to look into.”

This, the report said was because “he was not entitled to any such payment as the Economic and Organised Crime Office (EOCO) rightly found and stated in its interim report dated February 1, 2012.”

“The fact is that, Alfred Agbesi Woyome did not demonstrate in any way in his statement of claim that he ever brought into the country, through his alleged financial engineering expertise, the sum of (€1,106, 470,587) for the construction of stadia and medical facilities in the country as he claimed in his action”, it stated.

NANA VOWS TO CRUSH CORRUPTION

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, July 21, 2015

New Patriotic Party (NPP) flagbearer Nana Addo Dankwa Akufo-Addo has reiterated his resolve to strictly ensure that none of his appointees indulge in corruption should he become President.

The experienced politician continues to demonstrate his incorruptible pedigree and record and wants his officers to follow suit.

Addressing NPP members at Manchester, United Kingdom, Nana Akufo-Addo repeated that “If your goal in coming into government is to enrich yourself, then don’t come. Go to the private sector. Public service is going to be exactly that; public service!”

He said that would-be public appointees who intended to amass wealth at the expense of the poor taxpayer should look elsewhere in the private sector because an NPP government will jealously guard public funds.

According to him, he is not against any individual who wants to make money but “if that is your goal, stick to the private sector; don’t come into the public service.”

Nana Akufo-Addo hinted the creation of an office of Special Prosecutor in Ghana’s public space to check corruption as well as ensure accountability saying “the Special Prosecutor will be charged to fight against corruption.”

Throwing more light on the Special Prosecutor, the NPP flagbearer said that “Persons who will serve in this special office will not be chosen by the President but by a formula that will ensure their independence and the capacity to do their work.”

He said for instance that as President he will cause the detachment of the anti-corruption function from Commission of Human Rights and Administrative Justice (CHRAJ) and give that responsibility to the Office of Special Prosecutor saying that the duties of the commission are too broad for one institution to undertake effectively.

He said that the as presently the CHRAJ as constituted is not strong enough to be the “fulcrum for the anti-corruption drive in our country,” adding “it is an ombudsman, a human rights watchdog and it is also an anti-corruption agency,” he added.

The Communications Director of NPP in Manchester and a Public Health Practitioner, Dr Da Costa Aboagye said the pervasiveness of corruption in recent times is worrying.

“It appears the President and his team are happy with the widespread corruption,” he said.

He questioned why it took government and the security services more than three weeks to respond to a continuous broadcast and publication of an alleged corruption of a professor’s involvement in a $40 million scandalous diabetes money meant for Ghana saying “this shows that the political will to fighting corruption is so low. 

We cannot continue on this lackadaisical path. Yes, it is a difficult task but the lack of political will makes it more difficult. Other speakers at the function included; Mr. Nii Adjiri Blankson, former Mayor of Accra, Wiafe Pepera, MP for Abetifi, Dr. Samiu Nuamah, a former Financial Secretary of the NPP UK and Parliamentary candidate for Kwadaso, Ms Veronica Heming, former Women's Organiser of the Branch and parliamentary candidate for Bole Bamboi and former Chairman of the Branch, Hayford Attah Kruffi.

Nana was accompanied by Captain Edmund Koda (Personal Aide) and Saratu Atta (Executive Secretary). Also present at the meeting were; Richard Dombo (1st Vice Chairman) David Owusu Yianoma (2nd Vice Chairman), Dr. John Kissi ( Secretary), Saeed Duah (Branch Organiser), Kweku Nkansah (Deputy Organiser) Kofi Korsah (Deputy Youth Organiser), Paulina Koranteng (Women Organiser), Nana Yaw Sarpong (Communication Director), Arafat Sulemana (Nasara Coordinator) and other senior members of the branch.

Eid

Nana Addo Dankwa Akufo-Addo had on Friday July 17, 2015 joined Ghanaian Muslims in London for the year 2015 Eid-Ul-Fitr prayers.

Nana Addo prayed with the Muslims at the Broadwater Farms Community Centre Park, North London. Led by the Nasara Team of NPP UK, Nana Addo was introduced to the Muslim leaders. He was warmly welcomed by Alhaji Baba Yaara Haidari (Sarkin faada of London).

He received a special prayer from Imam Abdul-Razak, followed by another prayer from Alhaji Kamil Muktar.

In an address to the huge gathering cutting across various political and religious divides, Nana stated that the purpose of his visit was to extend his ‘Eid Mubarak’ wish to the Ghanaian Muslim Community in the UK.

He expressed his gratitude for the special prayers and the warm welcome that he was accorded.

WE NEED NEW VOTERS REGISTER SAYS NANA

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By William Yaw Owusu

Monday, July 20, 2015

New Patriotic Party (NPP) flagbearer Nana Addo Dankwa Akufo-Addo has added his voice to the numerous calls on the Electoral Commission (EC) to compile fresh voters register for the 2016 general election.

He said the newly-appointed EC chairperson, Charlotte Kesson-Mith Osei had an opportunity to start her tenure on a sound footing with the preparation of a fresh register for the country.

Many of Ghanaians including civil society organizations and think tanks strongly believe that the first-ever biometric voters register which was used for the controversial 2012 general elections in which the Presidential results landed in the Supreme Court is bloated but the EC appears adamant to prepare a new register.

The commission is emboldened to parry requests for a new register because the ruling National Democratic Congress (NDC) government seemed satisfied with the current register.

Nana Akufo-Addo threw the challenge to the new EC boss when he addressed large crowd of Ghanaians living in the northern part of the United Kingdom at the weekend.

Ghanaians in areas like Manchester, Liverpool, Hull, Leeds, Sheffield, Bradford, and Birmingham and others attended the programme organized by the NPP branch in the UK.

The NPP flagbearer noted that 56% of the 25 million Ghanaians registered as voters in the current register was an anomaly that needed to be addressed without further delay.

He then asked Ghanaians in the diaspora and those back home to join in the crusade for a new voters’ register.

Economic Conditions 

Nana Akufo-Addo also turned his attention to the current economic conditions in the country which he described as ‘harsh’ and said it had left many young people desperate and in despair.

He pledged that should the NPP win and form the next government, he will ensure the creation of  a conducive atmosphere for the private sector to thrive since the sector holds the key to economic transformation.

He said the economy cannot continue to rely on the export of raw materials saying, “there is a need for a paradigm shift to a value added economy.”

He said an NPP government under his leadership will expand agriculture and restructure the financial sector to boost growth.

Nana Akufo-Addo recalled the progress the country made in 8 years of President Kufour’s government and said “this is what a country under good leadership can achieve” to a loud applause of approval from the crowd.

Corruption

He condemned the rampant corruption in the country especially among public officials saying “there is an urgent need for competitive bidding for all government contracts to ensure value for money.”

Other speakers at the function included; Mr. Nii Adjiri Blankson, former Mayor of Accra, Wiafe Pepera, MP for Abetifi, Dr. Samiu Nuamah, a former Financial Secretary of the NPP UK and Parliamentary candidate for Kwadaso, Ms Veronica Heming, former Women's Organiser of the Branch and parliamentary candidate for Bole Bamboi and former Chairman of the Branch, Hayford Attah Kruffi.

Nana was accompanied by Captain Edmund Koda (Personal Aide) and Saratu Atta (Executive Secretary). Also present at the meeting were; Richard Dombo (1st Vice Chairman) David Owusu Yianoma (2nd Vice Chairman), Dr. John Kissi ( Secretary), Saeed Duah (Branch Organiser), Kweku Nkansah (Deputy Organiser) Kofi Korsah (Deputy Youth Organiser), Paulina Koranteng (Women Organiser), Nana Yaw Sarpong (Communication Director), Arafat Sulemana (Nasara Coordinator) and other senior members of the branch.

TERKPER DOWNPLAYS CHINESE LOAN DEBACLE

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By William Yaw Owusu

Monday, July 20, 2015

Finance and Economic Planning Minister, Seth Terkper says the rejection of Ghana’s Chinese loan application is not the end of the road for the government.

The roads involved Accra Ring Road Outer project, Mankessim/Agona-Swedru/Nsawam and the Dodowa/Kpong and Somanya/Akuse Junction road reconstruction projects.

According to the Chinese, they are rejecting the loan application on the grounds that the road projects are not ‘financially beneficial’ and therefore not capable of repaying the loan by themselves.

Some critics of the government have also attributed the rejection of the loan application to the cancelation of a contract earlier awarded Chinese firm StarTimes and later given to K-NET Limited Ghana in the digital migration project which would see Ghana move from analogue to digital terrestrial television (DTT).

StarTimes is reportedly lacing its boots to initiate arbitration proceedings at the London Court of Arbitration against the government over the abrogation of the contract.

“Having studied the documents for the above projects, we would like to advise you that, according to the current guidelines by Chinese government, the Chinese government concessional loan and preferential buyer credit are mainly directed towards projects with good financial benefits and repayment abilities,” Ji Chun Regional Director of the Chinese government said in the rejection letter.

However, in the ensuing confusion, the Finance Minister remains adamant and said the rejection cannot be a major setback.

He told Joy FM yesterday that “I just want to assure Ghanaians that the rejection of a loan is not new. It happens often times either through feasibility studies or for some other reasons.

“If they say the projects are not commercially viable, then it could be by their assessment and that is one of the reasons why I am meeting the Chinese Ambassador. I am hoping to travel to China to meet the executives of Exim Bank so we could understand their reasons,” he noted.

“The Chinese don’t give us one type of loan. The Chinese give us loans which are concessional; the Chinese give us loans which we take preferential credit and there are commercial loans and the Exim expects that when you apply for a loan for a commercial project the project should be able to pay for itself,” the minister explained.

He said although there were plans to toll the roads to make it commercial, it was possible the Chinese did not find them viable enough.

“Probably their [Chinese] analysis is showing that…the tolls may not be viable yet. This is where you go for mixed credit…or branded credit”, he said to explain that perhaps the type of loan Ghana applied for did not conform to the ‘Gang of Four’ project.

AKUFO-ADDO BEGINS CAMPAIGN IN AUGUST

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By William Yaw Owusu

Thursday, July 16, 2015

The NPP flagbearer Nana Addo Dankwa Akufo-Addo will embark on a nationwide tour to reinvigorate the party’s grassroots, starting from August.

Nana Akufo-Addo will particularly use the tour to reconcile all factions in the just-ended parliamentary primaries of the party

The experienced NPP stalwart is currently in the United Kingdom holding meetings with members of the NPP-UK branch, including a meeting of branch and chapter executives as well as the inauguration of the Northampton chapter of the party.

He is also expected to visit some educational institutions in England, and interact with members of the Ghanaian community in the UK before returning to Ghana on July 31.

Party Unity

He told a delegation from the Volta Region, comprising 24 newly-elected parliamentary candidates and their respective constituency chairmen, regional NPP executives led by 1^st Vice Regional Chairman, Dr. Archibald Letsa before emplaning to London that the party needed to unite to be able to win the 2016 general election.

“I intend to travel across the country to meet candidates and their competitors to help promote healthy relations amongst them,” adding “the first task towards victory is unity amongst the rank and file of the party.”

Talensi Model

He told the Volta delegation that it was time for all parliamentary candidates to adopt the ‘Talensi model’ for their campaigns where all persons that contested but lost the primary teamed up with the candidate to campaign in the just-ended by-election.

“The bond that existed between the three candidates in Talensi was something really wonderful to see,” adding “the two losing candidates were the main campaigners for the winner, Thomas Duanab, in their areas of strength and throughout the constituency.”

Nana Akufo-Addo said “that’s what I call the Talensi model which, despite the loss, is a good model. We want to replicate this model in all the 275 constituencies across the country. I want to see this in the Volta Region.”

Volta Still Critical

He said that building the confidence of the electorate of the Volta Region in the NPP was vital if the party was to wrestle political power from the ruling National Democratic Congress in the December 2016 general elections. 

Key to building this confidence, according to the 2016 presidential candidate of the NPP, is curing the false perception that has been foisted on the NPP by its political opponents that it has a tribal agenda against the people of the region.

“We must make it clear to the Chiefs and people of the Volta Region that all the stories about ‘tribal this and that’ are not true. We must send a message to the people, and they must have it clearly in their minds that we do not have any negative agenda towards the Volta Region,” Nana Akufo-Addo had said.

On the contrary, he said “it is rather Akufo-Addo and the NPP that are coming to power to promote the development of the region as an integral part of the development of Ghana. In this regard, I am determined to extend a sincere hand of friendship and co-operation to the Chiefs and People of the Volta Region.”

 “On the several occasions that I have been there recently, I have had experiences and receptions I have never had before. It is telling me that, perhaps, this is the moment to reach out effectively for that hand of co-operation and of friendship. I want to assure all of you gathered here that I am going to do my best to reach out and do whatever I can to support the party in the region,” he emphasised.

LAW TEACHER SHREDS APAU REPORT

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By William Yaw Owusu

Thursday, July 16, 2015

A United States-based law Professor S. Kwaku Asare has shredded the Justice Yaw Apau’s Judgement Debt Commission leaked report that NPP leader Nana Addo Dankwa Akufo-Addo caused financial loss to the state.

Reacting to another lawyer’s declaration that the legal effect of adverse findings in the Apau might bar Nana Akufo-Addo from contesting in the 2016 presidential elections, Prof. Asare said “in fact, nothing in this finding, even accepted at face value, will disqualify Akufo-Addo or anyone from any elective office.”

The judgement Debt Commission report, yet to be released officially, is mired in controversy, with accusations that the Sole-Commissioner did a shoddy job but subsequently received promotion to the Supreme Court.

“For starters, Justice Apau's contention that ‘it was as a result of this failure to bring to the attention of the London High Court the settlement attempts that led to the entry of judgment ex-parte in the sum of US$47 million against GNPC’ is factually barren, legally incompetent and logically bankrupt,” Prof Asare said.

“By Justice Apau's own account, attempts were being made to settle the claim at all material times, initially by the GNPC and later by the Attorney-General (AG),” adding “parties must bring a final settlement, not settlement attempts, to the notice of the court. Thus, it is wrong, as a matter of law, for Justice Apau to have made such a finding.”

Judgement decree

The erudite professor said that “to worsen matters, Justice Apau does not, as he is required to, support this finding with any statement from the judgment decree. In fact, there is no evidence that he sought or obtained the judgment decree.”

“For if he had done so, the judgment decree would have indicated the basis for the default judgment, and saved him from making the embarrassing finding that assigns absence of notice of settlement attempts as the proximate cause of a default judgment.”

Ex-parte judgment

He said that in effect, the contention that it was the failure to bring this settlement attempt to the court’s notice that led to the entry of judgment in the sum of $47 million “is speculative, at best, and puerile, in reality, because the ex-parte judgment was set aside, as most default judgments are, when the parties reached a settlement.”

“Justice Apau notes in the report that that he cannot question the AG's decision to settle the litigated claim. He is essentially correct but incoherent when he acknowledges the AG’s decision to settle the litigated claim and his theory of the default judgment,” he added.

He said the very fact that the claim was settled undermined Justice Apau’s theory of the ex-parte default judgment.

Preposterous conclusion

“Moreover, as it turns out, he ends up not just questioning this decision but, worse, by reaching the preposterous conclusion that settling a claim of $47M for $19.5M is causing financial loss to the State.”

“For reasons that are not indicated in the report, Justice Apau failed to examine the underlying speculative activities that triggered the cause of action. Yet, the analysis of these troubled transactions, which ultimately led to the cause of action and the ensuing settlement, represent the nation’s best hope of understanding this particular judgment debt and the lessons to be drawn therefrom.”

He said that while the Justice was quick to find fault with the AG, he failed to credit to the AG for dispensing with the services of Bindman, the UK legal firm that was representing GNPC.

“Nor does the Justice tell us how much had been paid to Bindman and how much the Republic saved from the dismissal. The bottom line is that the AG settled a $47 million claim for $19.5M. The default judgment entered by the Court is of no moment, as evidenced by the stark fact of the settled amount.”

Disqualification

On whether the findings could disqualify Nana Akufo-Addo or anyone from running for office, Prof Asare said “assuming they are accepted at face value, the answer is absolutely not!”

“This is because the Commission does not make a specific finding of incompetence, assets acquisition, fraud, misuse/abuse of office, or willful action, as set out by the Constitution. “

“The Commission does not even tell us why the AG failed to make appearance on the day the ex parte judgment was given. It makes no attempt to communicate with anyone in the AG’s office or to even get the court decree.”

He said “in fact, the finding does not even name a person. It names the Attorney General, who happens to be the nominal party in all suits in which the government is involved.”

“ Nana Addo, who was Attorney General, at the time, was not even invited to the Commission. Nor does the commission give any evidence of the extent of his involvement or knowledge in the events leading to the ex parte judgment, which, as has been explained, had little legal significance.”

“To hold a particular Attorney General, here Nana Addo, personally accountable for any lapse that occurs on any suit in which he is named a nominal party is to abandon logical and legal reasoning.

“Such a general finding is not the type of specific finding that the Constitution contemplates will disqualify people from holding elective office. The threshold for disqualification is high and rightly so!”

APAU REPORT TAINTED

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, July 14, 2015

A search at High Court Registry in Accra has revealed that the Attorney General’s (AG’s) Department flagrantly abused the due diligence processes leading to the award of GH¢51.2 million to Alfred Agbesi Woyome, the supposed NDC financier.

Mr. Woyome’s case appears to have resurrected because a leaked report by the just-ended Judgement Debt Commission headed by the newly-appointed Supreme Court justice, Justice Yaw Apau indicted the trial judge I.O. Tanko Amadu of awarding the whooping sum without due care.

The judgement Debt Commission report, yet to be released officially, is mired in controversy, with accusations that the Sole-Commissioner did a shoddy job but subsequently received promotion to the Supreme Court.

Results of an application for search in the ‘Woyome versus AG,’ case obtained by DAILY GUIDE showed that all the directives of Justice Tanko Amadu were not adhered to by the AG in settling Woyome’s supposed controversial judgment debt.

Search Results

On whether or not a Certificate of Judgement was issued in compliance with Section 15 of the State Proceedings Act (1998) Act 555 for service on the defendant in respect of the amount of GH¢17,094,493.53 as ordered by the trial judge, the registry replied “No”.

The results showed that the order for an undertaking to be extracted from Mr. Woyome and filed in the court as ordered was never done and the order for a stay of execution of the payment of GH¢34,188,987.06 as ordered by Justice Tanko Amadu on September 2010 was also never varied by the trial court or any other court.

Furthermore, the search result showed that there was no order by a pre-trial judge for the payment of any other sum to Mr. Woyome apart from the order for the payment of GH¢17,094,493.53 which was done conditionally.

It said there was no certificate of judgement issued for the payment of the balance of GH¢34,188,987.06 to Mr. Woyome and there was also no payment of money in the suit made to the court for tax purposes.

The search finally said Mr. Woyome did not pay tax on the judgement debt.

Disrespect for court order

The AG’s Department led by then Minister Betty Mould-Iddrisu and her deputy Ebo Barton-Odro acted contrary to all the specific orders of the trial judge.

In spite of the judge’s effort, the leaked Sole-Commissioner’s Report appears to have indicted him in the whole Woyome matter.

A copy of the report of the Sole-Commissioner tasked to look into the payment of various judgment debts by the state reportedly raised serious issues about the basis and propriety to award and order the payment of judgment debt to Woyome, who thumps his chest as NDC bankroller.

Woyome claimed that the state owed him for job done in the stadia refurbishment for CAN 2008 tournament, the Sole Commissioner rubbished the claim indicting the trial judge for doing a shoddy job as well as Mrs Mould-Iddrisu.

Notorious Case

It said “this Commission finds as a fact that there was no basis for the payment of the sum of over GH¢51million to the plaintiff, Alfred Agbesi Woyome”, describing the case as “the most notorious of all judgment debt cases that this commission was tasked to look into.”

This, the report said was because “he was not entitled to any such payment as the Economic and Organised Crime Office (EOCO) rightly found and stated in its interim report dated February 1, 2012.”

“The fact is that, Alfred Agbesi Woyome did not demonstrate in any way in his statement of claim that he ever brought into the country, through his alleged financial engineering expertise, the sum of (€1,106, 470,587) for the construction of stadia and medical facilities in the country as he claimed in his action”, it stated.

AG’s Application

According to the document, in granting a stay of execution September 6, 2010 which the Attorney-General applied for, Justice Tanko Amadu had ordered that only GH¢17,094,493.53 out of the total sum of GH¢51,283,480.59 be paid to Woyome.

The trial judge went further to direct that an undertaking be extracted from Woyome as a condition precedent to the partial payment, so that shall he lose the final case, he will refund the sum together with all accumulated interests and costs following any future judicial event.

The trial judge unequivocally ordered a stay of execution of the balance of GH¢34,188,987.06 which Betty was not obliged to pay until the fresh case filed by the same Attorney - General was concluded.

“It is therefore obviously inaccurate as the Commission’s leaked report is suggesting that it was the trial judge who ordered the payment of the whopping total sum of GH¢51,283,480.59,” a court document claimed.

Commission’s Proceedings

It will be recalled that the Judgement Debt Commission ended its proceedings last year without the appearance of some powerful people tagged by critics as ‘architects’ of modern day judgment debt payments.

Former ministers under whose tenure most of the ‘dubious’ and ‘frivolous’ judgment debts were paid were not called to give testimonies about how the ‘monster’ called judgement debt suddenly gained root in Ghana’s politico lexicon but the leaked report indicated that the commission had relied on documents made available.

The two ministers who were on the lips of the public as having supervised some of the alleged payments that somewhat triggered the setting up of the commission by President John Mahama were Mrs. Mould Iddrisu and Barton-Oduro, now deputy Speaker of Parliament.

STATE ATTORNYES’STRIKE STALLS ABUGA PELE CASE

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By William Yaw Owusu

Tuesday, July 14, 2015

The trial of Abuga Pele, NDC MP for Chiana Paga and his co-accused Philip Akpeena Assibit in the infamous GYEEDA scandal could not be heard yesterday due to the ongoing strike being embarked upon by state attorneys at the Attorney General’s (AGs) Department.

The accused, starting with Assibit who is the CEO of Goodwill International Ghana (GIG) was supposed to open his defence after their respective submission of no case applications were dismissed by the court but the case had to be adjourned until July 31.

When the case was called yesterday, Raymond Bagnabu counsel for Assibit, indicated to the court that he had filed a motion on notice for stay pending appeal against the court’s decision to ask his client to open his defence and as a result wanted the court to stay proceedings to enable them go to the Court of Appeal.

Justice Afia Serwah Asare Botwe, presiding said she did not have the jurisdiction to stay proceedings since it was the responsibility of a higher court to make such pronouncements.

The judge then asked counsel for the accused to return to court on July 31 for a new date, which was likely to extend be beyond the annual legal vacation, to be fixed.

Mr. Bagnabu later said the notice of appeal had been fixed for July 29 at the Court of Appeal, Criminal Division.

Judge erred?

Assibit is averring that the trial judge erred in holding that he should proceed to open his defence because the ruling did not support the evidence adduced at the close of the prosecution’s case.

“The trial judge erred in law when she applied wrong particulars of fact in coming to her conclusion as regard to count seven,” he averred, adding “the trial judge erred in law when she made certain definite findings of fact even before I had opened my defence.”

He said the testimonies of the prosecution witnesses had been “so discredited” in cross examination that he could not be asked to open his defence.

Abuga Pele who is the former National Coordinator of National Youth Employment Programme (NYEP) now GYEEDA is also said to have filed for a stay of proceedings but it was not clear if his notice of appeal was ready.

Specific Charges

On the charge sheet presented by the Attorney General’s Department, the two men are facing a total of 19 counts ranging from defrauding by false pretences to willfully causing financial loss to the state.

Assibit alone is charged with six counts of defrauding by false pretences to the tune of $2.028,605.20 and another five counts of dishonestly causing loss to public property to the tune of GH¢3.305,568.53.

Abuga Pele, the second accused on the other hand, is charged with two counts of abetment, one count of intentionally misapplying public property and five counts of willfully causing financial loss to the state all to the tune of GH¢3.305,568.53.

GHANA IS SICK SAYS PRESBY MODERATOR

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday, July 13, 2015

The Rt. Rev. Prof. Emmanuel Martey, Moderator of the Presbyterian Church of Ghana says happenings in the country shows clearly that Ghana is sick to the core. 

He also said the country needed leaders with 'integrity' and 'vision' to manage the nation’s enormous natural resources. 

“God has blessed Ghana with abundant natural resources of gold, oil, gas and many resources and we need leaders of integrity and vision to manage our rich resources to develop the nation.”

The man of God made the comment at the official opening of the Trinity Community Hospital at Zenu, Ashaiman near Tema on Saturday. 

The Trinity Community Hospital is a partnership between the Presbyterian Church of Ghana, Trinity Congregation, Tema North and Community Hospitals Group.

In his exhortation, the Moderator who spares no chance in putting pressure on the political leadership to perform, said in spite of abundant natural resources like gold, oil, gas among others some Ghanaian politicians and the greedy business people have continuously impoverished the people.

Dwelling on John 5:1-9 where he said Jesus Christ posed a question to the sick person at the pond of Bethesda, the Moderator asked “Do we want to be healed as a nation.”

He said the political leadership of the country was behaving like the sick man Jesus Christ encountered who he said blamed everybody except himself.

He said Ghana was like a sick person that wanted to be healed but continued to engage in acts that worsened the sickness.

"The political parties are playing blame games with the nation’s problems. NPP is blaming NDC and NDC is blaming NPP”, he said.

Rev Prof Martey said that the nation’s problem could be healed "if we turned to Jesus."

He also condemned homosexuality as an abomination which was against the religious and traditional beliefs of Ghanaians as well as national psyche. 

“The government must declare its stance whether it supports President Obama or Jesus," he said. 

He later asked the staff of the hospital to take good care of the hospital facilities and provide very good medical care to patients who will attend the hospital.

WINNER-TAKES-ALL SCRUTINIZED AGAIN

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, July 09, 2015

The effort by policy analysis think tank Institute of Economic Affairs (IEA) to lead discussions towards discouraging ruling governments from pursuing ‘Winner takes all’ or ‘First-past-the-post’ governance is gathering momentum.

Yesterday, at the Alisa Hotel Accra, the institute held a mammoth gathering of experts and stakeholders in governance to rethink the ‘Winner Takes All’policy for reforms.

The IEA offered the platform to enable the participants to build consensus on the thorny Winner Takes All’ issue for onward submission to the ongoing constitutional review process which started somewhere in 2010 but has stalled along the line due to a court injunction.

The participants specifically discussed recommendations in a report of the IEA’s 11-member Advisory Committee which had embarked on a nationwide tour to solicit the views of the public and all relevant stakeholders on the ‘Winner Takes All’arrangement.

Rt. Rev. Charles Gabriel Palmer-Buckle, Metropolitan Archbishop of Accra, who chaired the workshop said Ghana risks political stagnation if the ‘Winner-Takes-All’ system is not effectively dealt with in all spheres.

He said the time has come for all stakeholders to suggest mechanisms that helped other countries to develop democratically and said any effort towards discouraging the ‘Winner takes all’ syndrome should be ‘fine-tuned’ to meet the test of time.

The Archbishop said the IEA had already submitted the Advisory Committee’s report to the President and was awaiting a response on the way forward.

Justice Francis Emile Short, a former CHRAJ Boss who is a member of the Advisory Committee said their extensive interaction with the public and other stakeholders showed there was the need to bring urgent reforms to the country’s governance system.

He said for instance that majority of the people they interacted with were of the opinion that the 1992 Constitution had given the executive arm of government too much power and said the President’s overriding powers in the appointment of heads of public institutions was deepening the ‘Winner takes all’practice.

“All these appointments are given to the ruling party’s supporters and it is not based on merit,” adding “such appointments affect the performance of these public institutions,” the judge quoted from the report.

He said the participants also wanted the role played by the Council of State redefined and that Ministers should not be appointed from Parliament so that it will give legislators more time to work effectively.

Dr. Rose Mensah-Kutin, Executive Director for Abantu for Development who is also a member of the Advisory Committee said the respondents were of the view that the country’s decentralization had been weakened largely due to lack of funds and said the committee was recommending 25% of national revenue to fund the assemblies.

She said there was consensus that District Chief Executives should be elected into office to bring about efficiency and responsibility.

Dr. Mensah-Kutin further said the committee recommended that there should be a well defined benchmarks if the country accepts to fund activities of political parties.

She suggested long term development plans for the country which all political parties would be bound by adding that the respondents were also in favour of a quota system in the legislature for lesser-known parties as well as vulnerable groups.

Jean Mensah, Executive Director of IEA said the ‘Winner takes all’structure is deepening the country’s political polarization saying “we have to work on this if we want to move forward in our democratic governance.”