AYENSU STARCH IN LIMBO

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday, March 19, 2014

Ayensu Starch Factory is making frantic efforts to beat ultimatum given by the Awutu-Senya West District Security Council (DISEC) to cease operation until further notice.

The assembly gave the order for the factory to shut down because its activities were polluting water bodies of the area particularly, River Ako, and other related environmental hazards to communities in the area.

District Chief Executive of the area who is the head of DISEC, Sampson Abbey Armah confirmed to DAILY GUIDE that the assembly had indeed asked the factory to shut down until the proper thing was done.

“I was informed they have forwarded the order that they should shut down to the Ministry of Trade and Industry. I understand they are expecting some funds to control the inflows,” he said.

He said the factory manager had subsequently written to the assembly for their request to the ministry to be considered.

Mr. Armah said once the factory had written to the ministry, the assembly would await a response before carrying out the order.

“In fact when we visited the place, there was a pile of cassava on the factory floor and therefore, we are expecting that by the end of the processing, they would wait for the necessary maintenance before resuming work,” he stressed.

The assembly had issued the order following persistent complaints from farmers and residents near the factory that the environment was being polluted indiscriminately as a result of the activities of the cassava factory.

They claimed that the factory’s seepage had a poisonous chemical that flowed into their sources of drinking water.

Established in 2003 under then President’s Special Initiative, the Ayensu Cassava Starch Factory commenced business in 2004 with the capacity to produce 22,000 tonnes of grade starch for both domestic and external markets.

It was shut down in 2006 for due to indiscriminate pollution but bounced back in 2011 after the management said they had taken all precautionary environmental measures to operate without pollution.

The factory is reportedly executing a sales agreement between them and Guinness Ghana Limited to supply 4,000 tonnes of food grade starch for the production of alcoholic beverage ‘Ruut Extra’.

GHANA STRUGGLES TO FIGHT CORRUPTION

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, March 13, 2014

In spite of its commendable performance in the area of rule of law, Ghana continues to struggle in the fight against corruption according to the World Justice Project (WJP).

This was contained in WJP Rule of Law Index for 2014 released yesterday in New York, U.S.

According to the report, “Administrative efficiency and corruption remain important challenges, although the country outperforms most of its regional peers in both dimensions.”

Ranking

On the rule of law scorecard, the report said Ghana placed 37th position overall out of 99 countries and thus became the second-ranked country after Botswana in the Sub-Saharan Africa region.

Denmark (Western Europe and North America), Uruguay (Latin America and the Caribbean), New Zealand (East Asia and Pacific), Georgia (Eastern Europe and Central Asia), Sri Lanka (South Asia) and the United Arab Emirates (Middle East and North Africa) led in their respective regions.

The report said that “despite a slight decline since last year, Ghana continues to enjoy an effective protection of fundamental rights (ranking 33rd overall and first in the region), a functioning system of checks and balances (ranking 27th overall and second in the region) and an open government (ranking 37th and third in the region).”

According to the report, “The civil justice system is relatively independent, but slow and inaccessible to most people.”

“Finally, although improving since last year, the safety situation (ranking 57th), particularly with regards to security from crime and vigilante justice, is an area that still requires attention.

“Effective rule of law helps reduce corruption, alleviate poverty, improve public health and education, and protect people from injustices and dangers large and small,” the report quoted William H. Neukom, WJP Founder and CEO as saying.

“Wherever we come from, the rule of law can always be strengthened,” he added.

African Context

The report said that overall, the region (Africa) did not experience a noticeable increase or decline during the past year in the level of adherence to the rule of law, adding that “individually, Cameroon improved the most, while Madagascar saw the biggest deterioration. There was no significant improvement in reducing the levels of corruption throughout the entire region.”

It said “African countries’ best performances are in the areas of constraints on the government power and delivery of civil justice. In these two areas, the region’s average rank is similar to most other regions in the world.”

“Sub-Saharan Africa faces multiple rule of law challenges. Crime and vigilante justice are widespread, corruption is prevalent in all branches of government and in the police and the military, and the legal system is not accessible to the ordinary citizen.

It added that “deficient protection of the rights to life and security of the person, and due process of law, are also areas of concern in this region.”

Background

The Index relied on over 100,000 household and expert surveys to measure how the rule of law is experienced in everyday life around the world. 

Performance is assessed through 44 indicators organized around eight themes: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice and criminal justice. More than 500 variables are computed to produce these indicators for every country.

About WJP

The World Justice Project is an independent, multidisciplinary organization working to advance the rule of law around the globe.

“Establishing the rule of law is fundamental to achieving communities of opportunity and equity—communities that offer sustainable economic development, accountable government and respect for fundamental rights.”

The release said WJP engages citizens and leaders worldwide to advance the rule of law.

“Through our mutually reinforcing programmes of Research and Scholarship, the WJP Rule of Law Index and Engagement, WJP seeks to stimulate government reforms, develop practical programmes at the community level and increase public awareness about the foundational importance of the rule of law.”

MARITIME WORKERS FROWN ON LONRHO PORT

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, March 11, 2014

The National Executive Council (NEC) of the Maritime and Dockworkers’ Union (MDU) of the Trades Union Congress (TUC) has expressed worry about the construction of a private port at Atuabo in the Western Region by Lonrho Ghana Ports.

According to the MDU, the oil and gas Free Zone Port being built by Lonrho Ports violates PNDC Law 160 of 1986, which grants Ghana Ports and Harbours Authority (GPHA) the exclusive right to plan, build, develop, manage, operate and control ports in the country.

At the 58^th NEC meeting held in Tema, the MDU said “Council is worried that government has granted Lonrho Ghana Ports the right to build a Free Zone Port with exclusive right to provide oil and gas service to oil companies in the Western Region of Ghana.

The council said the port at Atuabo when allowed to be constructed “would undermine the security of the nation.”

They said the GPHA should have been allowed to develop the port as part of the expansion of the Takoradi Port, which they said “would improve the benefits to the country in the context of the Local Content of our oil industry.

“Council shares the view expressed by the Board of Directors of GPHA and other institutions that the building of the Oil and Gas Free Zone Port by Lonrho Ghana Ports is not in the interest of Ghana.

It called on the government to abrogate the agreements that “provides the exclusive right to Lonrho Ports to build a Free Zone Oil and Gas service port in the interest of the nation.”

The council expressed its readiness to work to ensure that the Ghana Ports and Harbours Authority Act, (PNDC Law 160, 1986) was upheld and respected.

The council also deliberated on the economy, cedi depreciation, corruption, high utility tariffs, Genetically Modified Organisms (GMOs), oil production, increased casualization in the maritime industry, problems of Volta Lake Transport Company (VLTC), as well as revamping PSC Tema Shipyard.

“Economic challenges had manifested in high rate of the depreciation of the cedi against other foreign currencies, regular increases of fuel prices, energy crisis, high cost of utilities, high inflation and high taxes, among others.

“Council expresses deep concern about the erosion of the purchasing power of workers by the high cost of living resulting in worsening economic conditions for many workers.”

Touching on corruption, the council said the canker was “becoming pervasive and rewarding to the extent that it is becoming an acceptable means to success.

It also urged the government not to pass the Plant Breeders Right Bill, which would give legal protection to the introduction and production of GMO foods in Ghana.

They also expressed concern about environmental issues related to the oil production, especially the death of about 21 whales that had been washed ashore in the oil communities and further expressed concern about issues on transparency in oil production.

TUSSLE OVER GYEEDA EXIT PLAN

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, March 6, 2014

There was a hot argument over whether the National Youth Employment Programme (NYEP) had an exit plan when the infamous Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) case resumed yesterday.

Raymond Bagnabu, counsel for Phillip Akpeena Assibit and Nuru Hamidan, the first Prosecution Witness (PW1) had series of exchanges over the exit plan which counsel insisted was non-existent until its introduction in or about October 2010.

However, Alhaji Hamidan who is currently the Municipal Chief Executive at Asokore Mampong Assembly in the Ashanti Region told the packed Financial Court in Accra presided over by Justice Afia Asare-Botwe that as far as he was concerned, there was an exit plan dating back 2009.

Accused Persons

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

Until last year, Abuga Pele was the National Coordinator of NYEP now the GYEEDA and he is accused of willfully causing financial loss to the state to the tune of GH¢3,330,568.53 while Assibit is being tried for defrauding the state of an amount equivalent to $1,948,626.68.

End of Cross-Examination

Mr. Assibit’s counsel was able to conclude the cross-examination of PW1 who had served as deputy coordinator in charge of operations and later administration and the witness told the court he could not recall some dates on which certain important events took place at the NYEP.

Counsel: when was the Youth Enterprise Development Project (YEDP) launched?

Witness: I do not recall the date

Counsel: It was launched on or about September 27, 2011

Witness: I do not recall. I am aware of the launch of the YEDP project but I do not recall the date.

Counsel then put it to the witness that at the YEDP launch, then Vice President (John Mahama) had delegated then deputy Minister of Local Government and Rural Development, Elvis Afriyie Ankrah to deliver a speech on his behalf and it was at that programme that the government announced a well structured exit plan for beneficiaries of the modules but the witness said he did not recall.

Counsel pressed that when the NYEP organized a press conference to deny criticisms that the authorities were sacking beneficiaries engaged under the previous regime, the National Coordinator (Abuga Pele) had made it clear that the NYEP did not have an exit plan but Alhaji Hamidan insisted it did.

The witness also said he did recall the number of beneficiaries that had exited under the programme and dismissed counsel’s suggestion that it was as a result of the non-existence of an exit programme that GIG was engaged.

“there was an exit plan before the GIG was introduced to us,” witness testified.

He said he was aware that there was a steering committee for the YEDP but said he was not aware if Assibit was part of the committees.

When counsel suggested to him that he had come to court to tell a pack of lies Alhaji Hamidan said “I swore by the Holy Quran and there is no way I will tell lies to the court,” before Assibit’s cross examination ended.

Abuga Pele’s Turn

Abuga Pele’s legal team then took the mantle as Carl Adongo offered to “seal PW1’s mouth” with a few questions.

The witness admitted to the court that he had good working relations with his boss Abuga Pele saying “I never had any problem with him.”

He said he trusted Abuga Pele as they worked together and admitted he signed as witness the MoU between the NYEP and GIG without reading the contents.

Sitting continues on Thursday, March 20.

CABINET CONFIRMED $65m GYEEDA CASH - COUNSEL

Phillip Akpeena Assibit with Raymond Bagnabu

Posted on: www.dailygudeghana.com

By William Yaw Owusu

Wedbesday, March 5, 2014

Raymond Bagnabu, counsel for Phillip Akpeena Assibit standing trial in the infamous GYEEDA scandal yesterday claimed that cabinet once wrote a letter to the Ministry of Youth and Sports informing them $65 million had been secured from the World Bank.

However, when he suggested to the first Prosecution Witness (PW1) Nuru Hamidan whether he knew about the Cabinet Secretary’s letter, the former NYEP Deputy Coordinator in charge of Operations and later Administration said “I am not aware.”

“Correspondence from the Office of the President is normally classified and it is privilege information so I was not privy to that information,” Alhaji Hamidan who is currently the Municipal Chief Executive at Asokore Mampong Assembly in the Ashanti Region told the packed Financial Court in Accra presided over by Justice Afia Asare-Botwe.

Accused Persons

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

Until last year, Abuga Pele was the National Coordinator of NYEP now the GYEEDA and he is accused of willfully causing financial loss to the state to the tune of GH¢3,330,568.53 while Assibit is being tried for defrauding the state of an amount equivalent to $1,948,626.68.

Cross examination

Continuing his cross examination, the witness said he never heard that then Minister of Youth and Sports, Clement Kofi Humado made an announcement at the meet-the-press series that the government had secured $65million and it was facilitated by GIG.

He also said he was not aware of any media publication on the $65million and disputed counsel’s claim that in 2009, the people engaged by the previous government under the NYEP were sacked.

The witness said “we had and exit plan. It is not correct that we sacked them,” but counsel insisted that the exit plan the witness talked about was only launched in 2010.

He admitted that the GIG who were referred to in NYEP correspondence as management consultants had prepared a document that was going to help GYEEDA to create one million jobs but insisted that was not what the World Bank relied on.

The witness repeated his claim that at a point in their engagement with Assibit’s GIG, the World Bank told the NYEP that they were not going to deal with any consultant.

He said he did not have any document to prove that it was Assibit and his GIG which had “mooted” the idea of recruiting 250 people from all the districts for training under the youth enterprise project of the NYEP.

He admitted that it was a team from the NYEP, GIG and NDPI that had jointly assisted in the training of the 250 people recruited.

The witness further told that court that it was not correct for counsel to suggest that it was Assibit’s GIG and NDPI that had prepared that Tracer Study requested by the World Bank saying “A1’s work was to the NYEP and not the World Bank.”

“At a point in the process, the World Bank had said they wanted to deal with the implementing agency alone. The World Bank also rejected the Tracer Study prepared by A1 and the GIG.”

“The Tracer Study was rejected and that was the reason why prepare a new one and a World Bank desk put at NYEP to help us develop it.”

He disputed claim by counsel that the whole World Bank activity including setting up an office at Labone, Accra was initiated by the proposal sent by GIG and MDPI

Abuga Pele leaves the court

The Charges

In the new charges preferred by the AG, the NDC MP for Chiana-Paga will face six counts of willfully causing financial loss to the state under Section 179A (3) of the Criminal Offences Act, 1960 Act 29, two counts of abetment under Sections 20(1) and 131(1) of the Criminal Offences Act, 1960 (Act 29) and one count of intentionally misapplying public property, contrary to Section 1(2) of the Public Property Protection Act, 1977 (SMCD) 140.

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

Sitting continues today.

AKUFO-ADDO RAISES RED FLAG

Dr Michael Amoah, Ms Hannah TettehLord Paul Boateng of Akyem & Wembley and Nana Akufo-Addo at the lecture.

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday, March 5, 2014

Nana Addo Dankwa Akufo-Addo, flagbearer of the New Patriotic Party (NPP) in the 2012 presidential election says Ghana is threading on a dangerous path in not dealing with the issue of unemployment.

“We are conscripting, year after year, a future army of unemployable adults. This is dangerous!” he warned.

Nana Akufo-Addo was speaking at a symposium organized by the Royal African Society and the Centre of African Studies, at the Brunei Suit, SOAS in London under the theme: Ghana, 57 years after 1957: Recalibrating the course of progress.”

Quality Leadership

He said Ghana deserved a leadership “that thinks of the next generation, not the next election,” adding “this is the reason behind the priority proposal to redefine basic education and make it free and compulsory from Kindergarten to Senior High School.”

According to Nana Akufo-Addo, “no child must be denied access to quality education,” saying “for this generation, in the context of mass poverty, the responsibility for ensuring that lies on the state.”

He said he was convinced that “we should dedicate revenues from our new oil wealth to investing in our youth,” and said education and skills training were the most important source of empowering and providing opportunities to the youth.

“Currently, at every stage of Ghana's education, our children are falling out of the system. Over 60% of those who make it to primary school do not make it to secondary school.”

Democratic gains

Nana Akufo-Addo said Ghana had witnessed under the 4th Republic the longest period of stable, constitutional rule and the last 21 years had also brought about significant progress in Ghana's economic growth and human development.

He said however, that “we cannot take public confidence in our democracy for granted.

“Leadership carries the burden of strengthening public confidence in the capacity of our young democracy to deliver where it matters most: improving the lives of the people,” he said.

Nana Akufo-Addo said the prospects for Ghana’s future were directly tied to the country’s ability to overcome three basic challenges and identified them as institutional challenge, transformation of the Ghanaian economy as well as cultural and intellectual issues.

Institutional Challenge

“A paramount concern of our time has to be the consolidation of Ghanaian democracy, requiring the strengthening of our institutions of state, particularly, in their capacity to deliver results and to be accountable to the people,” adding “the most direct way of so doing is for all Ghanaians to accept to play by the rules we have set for ourselves in our national constitution and in our laws.”

He said “playing by the rules also means enforcing those very rules. By this, we can deal with corruption and abuse and theft of public funds,” adding “we must have a public sector that is efficient in delivering universal access to good quality education, health care, legal remedies, personal security and basic infrastructure.”

Economic transformation

Nana Akufo-Addo said in the current digital revolution and the fierce pace of technology meant that knowledge, skills, technology, creativity and capital had become mobile, making them more important in determining where production took place rather than the location of natural resources.

“As one travels across the villages, towns and cities of Ghana, one cannot help but notice the large numbers of able-bodied young persons who are idle. This is a consequence of a failed educational system that does not provide them with the requisite skills and a structurally rigid economy that simply cannot generate the large pool of good jobs with good pay.

“It will be suicidal on the part of policy makers if they do not act with urgency to address this crucial matter.”

Cultural & intellectual challenge

He said it was individual and collective commitment that was key to  Ghana's wellbeing adding “we must garner the courage to elevate the operative principles and standards of our society.”

“We can succeed if we build a stronger sense of national pride, a greater sense of unity, a stricter sense of responsibility, and a richer sense of genuine ownership among Ghanaians.

Economic Lessons

He said Ghana's dependency on raw materials had grown even more than the continental average and added that the cedi had been competing with David Moyes, the Manchester United coach, in being the butt of many jokes.

He said in spite of measures put in place by the Central Bank to arrest the cedi fall, “having an economy managed by a competent team, the structural weakness of that economy must be fixed to keep the currency predictably stable.”

Value Addition

He said the philosophy for the future of Ghana’s economy should be a focus on value addition adding “whether it is in agriculture, tourism, the arts, banking or manufacturing, the goal is to add value to what we do.”

“The good news is that Ghana, since oil production began in December 2010, has consistently registered some of the highest economic growth rates in the world. The bad news: it has not been accompanied by a rapid increase of jobs,” Nana Akufo-Addo said.

“The signals are bad enough to wake us up, change course, and travel the road of structural transformation,” he explained.

In attendance at the lecture were Lord Paul Boateng of Akyem & Wembley, Foreign Minister Hannah Tetteh, Ghana's High Commissioner to the United Kingdom, Prof Danso-Boafo, Research Associate of the Centre for African Studies, SOAS, Dr Michael Amoah and Vice President of Teneo Holdings, Manji Cheto.

GYEEDA SUSPECT FREED

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, February 27, 2014

ONE of the two suspects in the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) trial, who was detained for failing to meet his bail conditions, has finally been released.

Philip Akpeena Assibit is standing trial alongside Abuga Pele, NDC MP for Chiana Paga and former National Coordinator of the National Youth Employment Programme (now GYEEDA) for their various roles, which the Attorney General’s Department says had cost huge financial loss to the state.

Since mid-February, Mr. Assibit, who is the Chief Executive Officer of Goodwill International Group (GIG), has been in custody after he failed to satisfy the bail conditions placed on him by the Financial Court in Accra, presided over by Justice Afia Asare-Botwe.

He had been ordered to produce four sureties with two justifications worth GH¢2million, but his co-accused, Abuga Pele, was able to satisfy the bail conditions and was asked to go home.

A member of Mr. Assibit’s legal team, Joseph Kpemka, confirmed that their client had finally been able to satisfy the conditions and had been granted bail.

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

The Charges

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

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

Facts of the Case

It is the prosecution’s case that in 2009, Abuga Pele was appointed the National Coordinator of NYEP, a social intervention programme, to provide job opportunities to unemployed youth.

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

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

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

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

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

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

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

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

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

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

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

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

Apart from that, he was also said not to have conducted any financial engineering for the approval of a World Bank facility of $65 million since there had not been any approval by the World Bank for the facility.

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

Sitting continues on March 4.

NLA, VAG TUSSLE OVER LICENSE

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday, February 17, 2013

The National Lottery Authority (NLA) is suing the Veterans Administration Ghana (VAG) for giving private lotto operators licenses to operate in the country.

As a result, NLA has filed an application at an Accra Circuit Court for interim injunction to restrain VAG from going ahead to issue license to private lotto operators.

According to the plaintiff, The National Lotto Act 2006 provided for the operation of national lotto to establish the NLA to regulate, supervise, conduct and manage national lotto and to provide for related matter.

It wondered why VAG should be issuing out license for other entities.

However, VAG insists that under the Veterans Administration Ghana Act, (Act 844, 2012), the law mandates them to hold lottery and gaming and can also issue license to other entities.

VAG noted that under Act 844 (22) (2) “a person who holds lotteries, raffles, or similar games under this Act without the express approval of the administration commits an offence and is liable on summary conviction to a fine of 100 penalty units or a term of imprisonment not exceeding six months or to both.”

NLA’s Reliefs

In the ensuing confusion, the applicant (NLA) is praying the court for an order of interim injunction restraining VAG and its assigns or agents from “promoting, sponsoring, launching and advertising any lotto or lottery or engaging in any lotto or lottery.

They also want a further order restraining VAG and its assigns or agents from “associating with or supervising any lotto draws,” and also another order restraining the respondent or its agent and assigns from “issuing any permits or licenses for lotto or lottery under the Veterans Administration, Ghana Act, 2012, Act 844, until final determination of the matter.

NLA’s Statement of Case

According to the NLA, they filed the application pursuant to Order 25 Rule 3 of the High Court (Civil Procedure) Rules, 2004 of C.I 47.

“This is an application for interim injunction brought on the strength of Order 25 and inherent jurisdiction of this court, which permits a party to a cause or matter to apply for the grant of an injunction before the trial of a matter.

They said the application is seeking to restrain VAG and their agents from launching, sponsoring and advertising a lotto or lottery contrary to the National Lotto Act, 2006 (Act 722).

The NLA noted that under Act 844, the power given to VAG to hold lotteries is subject to Act 722 and therefore should not be allowed to issue licenses to others.

VAG Hits Back

VAG entered appearance filing a statement of case pursuant to Order 25 Rule 1 (4) and said whilst the plaintiff under Act 722 has the power to conduct national lotto, they also have powers under Section 22 of Act 844 to conduct lottery.

They averred that “both plaintiff and defendant have been exercising their respective rights under their respective enabling or establishing enactment without occasioning any infringement of each other’s right.

According to VAG, “In applying or construing a statute, the statute must be looked at as a whole, and in particular paying attention to the usage of words used, punctuation and heading and marginal notes.

Citing Page 12 of VCRAC Crabbe’s book on Legislative Drafting, the defendant said “therefore, it is deemed that Parliament does not use words anyhow nor makes mistakes as to declaration of its intention through an enactment.”

VAG averred that nothing prevented Parliament, which is the author of Acts 722 and 844 from using the ‘subject to’, if indeed the lawmaker wanted the authority granted to VAG to hold lottery to be subject to NLA Act.

“Nowhere in the pleadings of the applicant whether in the substantive writ of summons or the instant application did it alleged that the defendant has done or given or assigned or contracted a right to hold lottery to a third party under Act 722.”

“Impliedly, the defendant has stayed within the bounce of its enactment and has not infringed on the right of the applicant.

“It is this application the defendant seeks and prays the court to dismiss with cost and restrain the plaintiff from disturbing the enjoyment of the right given under Act 844.”

DRAMA AT GYEEDA TRIAL

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday, February 14, 2014

There was drama at the Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) trial when a Prosecution Witness said he did not read a vital document before appending his signature on a Memorandum of Understanding.

According to the defence team, a document  on youth employment strategy which formed the basis for the Memorandum of Understanding signed between the National Youth Employment Programme (NYEP), Goodwill International Group and West Capital had always referred to their client as a consultant to the programme now GYEEDA.

However, when Nuru Hamidan, former NYEP Deputy Coordinator in charge of Operations and later Administration resumed his cross-examination, he told the Financial Court in Accra that he did not read the content of the MoU but appended his signature.

“I was in a meeting when I was called to come and witness,” Alhaji Hamidan who is currently the Municipal Chief Executive at Asokore Mampong Assembly in the Ashanti Region told the packed court presided over by Justice Afia Asare-Botwe.

“I swear by the Holy Quran…I am an Alhaji, I went to Mecca…Anybody who knows me knows that I am a forthright person,” the prosecution’s first witness exploded when counsel put it to him that he was not telling the truth to the court.

Accused Persons

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

Until last year, Abuga Pele was the National Coordinator of NYEP now the GYEEDA and he is accused of willfully causing financial loss to the state to the tune of GH¢3,330,568.53 while Assibit is being tried for defrauding the state of an amount equivalent to $1,948,626.68.

Give-And-Take

Counsel for Assibit (Raymond Bagnabu): Before signing you did not even read the title of the document. Is that what you want the court to believe?

Witness: My Lord, I said at the meeting I was called to witness.

Counsel: You did not read the covering page?

Witness: I was in a meeting when I was called to come and witness.

Counsel: I am putting it to you that you are not remembering for conducive purposes because the covering page will state A1 (Assibit) was the consultant.

Witness: I think I read the MoU, the covering page here in court and it stated that NYEP is providing job for the youth, West Cap is helping source for funding and Goodwill International Group is facilitating. That is what I know about this.

Counsel: Page two of Paragraph 3 of Exhibit 1, can you read it.

Witness: Whereas the second party has already been engaged as a consultant with the responsibility for undertaking sourcing, the sourcing of funders as well as investors, managing the execution of the project.

Counsel: The arrangement between West Cap, GIG and NYEP concerned YEDP project

Witness: Yes

Counsel: With paragraph two of the MoU stated A1 (Assibit) had already been engaged as a consultant.

Witness: As I indicated we were in a meeting when I was asked to come and sign the agreement. My coordinators will bear me out. We did not read the entire document. For the sake of good working relation with my coordinator, I signed but did not read the document.

Counsel: You did not do your work properly as a deputy national coordinator when you signed documents without reading them.

Witness: I was not in charge of legal services of NYEP. I was a deputy national coordinator and anything legal is scrutinized. I trust my boss. I knew that he had gone through everything.

The Vice President’s Office

The witness told the court that he did not know in what capacity, Assibit accompanied the (witness and Abuga Pele) to the office of then Vice President John Dramani Mahama.

Counsel: At the time you A1 and A2 went to the Vice President, you knew  you had signed a document establishing his position that A1 was going there as a consultant. The document had expressly described him as such.

Witness: I have said in the agreement GIG is facilitating the project because the idea had come from them. There is no doubt that what the project was about. As to the engaging his as a consultant id did not know. I said GYEEDA is providing jobs for the youth, West Cap is helping source for funding and GIG facilitating but I did not read the content ditto ditto to be able to know the content.

The witness said subsequently when the Vice President directed them to the World Bank they had several meetings with the bank and admitted that GIG and MDPI’s representatives were present in some of the meetings.

No Consultant

The witness told the court that the World Bank at a point in the consultations made it clear that they did not want any intermediary in the form of consultant and even mentioned one Razia Khan who had told them (NYEP) that the bank was not interested in consultants.

“The GIG as at the time I was leaving the NYEP had said they did not need consultants. They said they wanted to deal with us directly,” and when counsel asked him to provide any document to back his claim, the witness insisted “we were calling them and Razia Khan said no you can’t invite them!”

 The trips

He admitted that a delegation which included Assibit’s GIG representative as consultant, visited Kenya even though he claimed that the bank had said they were not interested in consultants.

He further admitted that another delegation under the auspices of the World Bank was sent to Latin America to study the youth employment system.

Counsel listed the team as Abuga Pele, one Mohammed of NYEP,  James Kofi Fionu (NYEP), Nuru Hamidan (PW1), Elvis Afriyie Ankrah, Samuel  Okudzeto Ablakwa, Saibu Ahmed (MDPI), Assibit as managing consultant, Ceaser Abagali, one Frank from the Vice President’s Office, one Ahmed from MOFEP and Sam Pee Yalley from Ministry of Employment.

The witness however, responded that he was aware a team was put together for Latin America but he never participated in the trip.

The witness also said he could not identify a bulky document called Youth Employment Strategy and Action Plan-A mid-term strategy 2011-2015 for the NYEP and added that he did not see that document whilst at the NYEP as deputy coordinator.

He said the World Bank project had a desk officer and added that he did not remember the launch of the project at Alisa Hotel in Accra where then Vice President Mahama, sector Minister Akua Sena Dansoa among other dignitaries attended.