GOV’T ADMITS $175M CASH FOR CONTRACT1

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday, June 22, 2015

The National Democratic Congress (NDC) government has admitted that it indeed asked Destination Inspection Companies (DICs) to contribute $175 million to the repayment of judgement debt to Bankswitch, a private IT firm in exchange for contracts.

The Ministry of Trade and Industry in a statement issued over the weekend immediately DAILY GUIDE published what looked like the government resorting to blackmail in order to get the Bankswitch debt settled, admitted that the ministry wrote to five DICs to pay a whopping $35 million each in exchange for contracts.

It means that the government will receive $175 million from the five DICs should they be able to afford the amount to settle GH¢ 197 million.

With current exchange rate of cedi to dollar at interbank rate as at Friday pegged at GH¢4.27, the NDC government will be raking in GH¢841million far in excess of the GH¢ 197 million judgement debt to Bankswitch.

Bankswitch’s contract with Ghana government was abrogated by the NDC administration under President John Evans Atta Mills with current President sitting as a Vice President at Cabinet.

The ministry attacked critics of the move to pay the judgement debt through the backdoor including the media and politicians describing them as evil.

Nana Akrasi-Sarpong, acting Director of Communications and Public Affairs who signed the statement claimed the ministry initiated the move in order to save the country from paying more than GH¢1 billion.

Transparent Invitation

“MOTI's open and transparent invitation on official Government of Ghana letterhead to five destination inspection companies to express interest in pre-paying the GH¢ 197 million was motivated by the national interest in saving the country more than GHC One billion in overpayments that Bankswitch is seeking from the people of Ghana,”

“The attention of the Ministry of Trade and Industry (MOTI) has been drawn to articles and commentaries in the media especially DAILY GUIDE of Saturday June 20th, 2015 regarding a correspondence the Ministry has exchanged with Destination Inspection Companies (DICs) on the payment of a judgment debt owed Bankswitch.”

“The imports of such reports and subsequent commentaries have given the impression that the Ministry is involved in transactions that may be improper or which may constitute bribery,” the statement said.

Bankswitch Saga

“The facts are that a company called Bankswitch has succeeded in receiving a Judgment debt against the Government and people of Ghana in the amount of approximately GH¢ 197 million. The judgment debt was for the termination by the Prof Mill administration of a contract awarded under the Kufuor Administration for services in the trade facilitation arena.”

The statement said “The Prof. Mills administration was of the conviction that the contract was improperly awarded and that Bankswitch had not performed the services for which it was contracted to perform. Bankswitch sued the Government in international courts and won a judgment debt amounting to approximately GH¢ 197 million. Due to delays in paying this judgment debt and the accumulating interest, this debt is rising.”

“As the Government has been unable to pay this judgment debt this far, Bankswitch has been negotiating with Government on alternative payment arrangements. Until recently, Bankswitch sought to have the Government pay the entire judgment debt over a 5-year period, and in addition for Government to award Bankswitch 0.35% of the FOB values of all Ghana's imports over five years.”

The statement said that the supplementary award of 0.35% of FOB imports over 5 years, were it to be accepted by the government, “would imply a contract to Bankswitch that would be worth more than GH¢1  billion over five years.”

“This additional over payment to Bankswitch of more GH¢ 1 billion would be over and above the full settlement by the Government of Ghana of the GH¢ 197 million debt, whether paid in one lump sum or over a number of years,” it said.

“It is this 0.35% of Ghana's import trade bill that Bankswitch would wish to be awarded that the Ministry of Trade has invited Destination Inspection Companies interested in paying off the Bankswich debt to present expressions of interest so as to prevent the people of Ghana from being billed an extra GH¢1billion for no work done”. 

Political Coloration

The statement said members of the NPP government who negotiated and signed the Bankswitch contract, some current NPP MPs, their associates in civil society and friends in the media, “who wish Ghana harm can distort MOTI's action and pretend it is some kind of bribe or scandal.”

Evil Plot

The statement said “however, when it is understood that MOTI is rather trying to help save the people of Ghana from an evil plot by some businessmen and politicians to rape the country's Treasury, then right-thinking men and women should sit up.”

“If MOTI were interested in any scurrilous and scandalous business, it would not do so on government letterhead and address the same opportunity to five independent and separate businesses to respond in writing. 

Legal Threat

It further said the sector minister “is consulting his lawyers and is prepared to take swift legal action against any media house or commentators who wish to toy with and damage the hard-earned global reputation for hard work, creative problem-solving, professionalism, competence and integrity of Ekwow Spio-Garbrah.”

“The Ministry is of the view that, the issue at stake should be discussed, taken into consideration the payment of judgement debt through no work done. The question is, should we pay judgement debt in excess of GH₵1billion through no work done by Bandswitch?”

Controversial Letter

The letter was purportedly signed by Minister of Trade and Industry Ekwow Spio-Garbrah on Wednesday June 3, 2015 and asked the DICs with the capacity to contribute $35 million each towards repaying the judgement debt to assist government.

In the letter, the government said: “To pay this debt, government of Ghana is informing all destination inspection companies that any of them who can advance government of Ghana an amount of 35 million dollars would be awarded a contract of 0.35 per cent of free on board values on all Ghana’s imports for at least a period of five years to enable that company recover its investments.”

The DICs were given until midday of June 8, 2015 to respond with an expression of interest according to Joy FM, an Accra-based radio station.

Criticisms

Samuel Atta Akyea, Member of Parliament (MP) for Abuakwa South, was the first to fire a salvo when he described as “filthy” the deal being entered into by the government.

He said the letter to the DICs was “a very veil form of bribery” and said the government could not seek to solve its problems by inducing companies through monetary donations in the form of contracts.

“This is very filthy for you to use your office to induce people to pay monies which they are not supposed to pay so they have some advantage because of your promise,” he told Joy FM.

Dr. Mathew Opoku Prempeh, MP for Manhyia South preferred to demand the immediate resignation or dismissal of Spio-Garbrah.

“Since when did Spio-Garbrah become competent enough to negotiate behind the back of everybody, a judgement debt settlement? All judgement debts are paid through the Ministry of Finance, where has Spio-Garbrah, on whose authority is he seeking to negotiate the payment of judgement debt? Is he the Minister of Finance?” Opoku Prempeh queried on Citi FM.

Sydney Casely-Hayford, a financial analyst called the move a clear case of bribery saying “if government wants to buy a new presidential jet today for which it does not have enough money, is it proper for you to call on everybody who is involved in the aviation industry and say all of you should come and give us $10 million, 10 million, 10 million and in exchange for that, we will give you a contract that says that your aviation rights will be extended or will be in perpetuity forever. Is that not a bribe?”

IMANI President, Franklin Cudjoe advised the government to tread cautiously in the strategy it is employing to pay off the Bankswitch debt.

“I will suggest that the Ministry takes a second look and I don’t know if Spio-Garbrah was making this decision single handedly or it’s the decision of the entire government because as I know, he wasn’t party to this contract so I will suggest that they should speak to the Attorney General for some serious direction…”

He said the letter had “undertones of adversity being imposed on the decision that ought to be taken. It’s indeed a very sad letter and I don’t know how the Minister himself feels.”

   

TEPAHENE’S LINGUIST IN TROUBLE OVER CURSE

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Monday, June 22, 2015

A former District Chief Executive of Ahafo Ano North District in the Ashanti Region Eric Nana Agyemang Prempeh has given Nana Kwame Poku a linguist to Tepahene, Nana Adusei Atenewa Ampem, who invoked curses on persons seeking to challenge President John Mahama’s second term bid, a 24-hour ultimatum to retract the statement.

The ex-DCE says he will report Nana Kwame Poku, known in private life as Kwame Ato, to Otumfuo’s Sumankwaahene if he refuses to revoke the curse within 24 hours.

Nana Kwame Poku in the course of pouring libation on President Mahama’s visit to Tepa last Friday asked the gods to ‘kill’ anyone who will become a hindrance to the second term presidential bid of Mr. Mahama.

Nana Kwame Poku was the linguist of the day when President Mahama and his entourage who were touring the region to commission projects, paid a courtesy call on Tepahene, Nana Adusei Atwenwaa Ampem I.

Baffled by the linguist’s action, the ex-DCE issued a statement saying “I, Hon. Eric Nana Agyemang Prempeh, I’m giving the linguist a-24 hour ultimatum for him to retract and unreservedly apologize to the Tepa Traditional Council, all citizens of Tepa, the Asanteman as well as all Presidential Candidates who would challenge President Mahama in the 2016 general elections.”

“I humbly appeal to the Tepa Traditional Council, to as a matter of urgency come out and openly distant themselves from such an irresponsible comment, and sanction the linguist for dragging the name of the Council into disrepute.

“The linguist is again demanded to undo the invocation on all the aforementioned personalities or I will personally report him to the Sumankwaahene of this Kingdom for him to explain why he invoked such curse on those aspiring to lead the nation as President and government,’ he added.

According to the ex-DCE, the linguist had wondered why people were opposing the second term bid of the President, when both John Agyekum Kufuor and John Rawlings were given a second term each by Ghanaians.

However, he said , “As a former District Chief Executive, Presiding Member and a proud citizen of Tepa, I am indeed saddened by that particular statement as it has taken away the shine of what our dear Paramount chief said during the President’s visit.”

He said what was “disheartening” was when the Asantehene, Otumfou Osei Tutu II had expressly cautioned against invocation of curses by his subjects, “this linguist impudently went contrary to such directive, a move I consider an affront and an insult to the Golden stool and the people of the Kingdom.”

“To express how devastated I am about this statement, I will personally lead concerned citizen of Tepa to the Sumankwaahene. This is a disgrace to us, as people of this area, and I will make sure we clean such mess by letting him apologize to us and the Paramount stool of Tepa.”

“I believe the President, John Mahama, once a Parliamentarian, a minister, vice president and now president will be the first person to condemn any move or curse by on any individual or groups of persons championing a crusade against efficient democratic principle in the country.”

GOV’T IN $35M BRIBE SCANDAL

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Saturday, June 20, 2015

It has emerged that the NDC government surreptitiously asked Destination Inspection Companies (DICs) to contribute $35million to the repayment of judgement debt to Bankswitch, a private IT firm in exchange for contracts.

Bankswitch dragged Ghana government to the Permanent Court of Arbitration in The Hague, Netherlands for unlawful termination of their contract and the court awarded damage in excess of GH¢197 million to the company.

However, the government in its attempt to pay the debt to Bankswitch is reportedly resorting to what appears to be complete blackmail in order to get the debt settled.

The letter was purportedly signed by Minister of Trade and Industry Ekwow Spio-Garbrah on Wednesday June 3, 2015 and is asking the DICs with the capacity to contribute $35 million each towards repaying the judgement debt to assist government.

In the letter dated June 3 2015 signed by Trade Minister, Dr. Spio-Garbrah, the government said: “To pay this debt, government of Ghana is informing all destination inspection companies that any of them who can advance government of Ghana an amount of 35 million dollars would be awarded a contract of 0.35 per cent of free on board values on all Ghana’s imports for at least a period of five years to enable that company recover its investments.”

The DICs were given until midday of June 8, 2015 to respond with an expression of interest according to Joy FM, an Accra-based radio station.

The letter said for the 0.35 per cent FOB payment, any of the companies which make the $35 million contribution will do relevant trade facilitation within the context of the National Single Window and work with West Blue Consulting - which has been identified to implement the single window programme - on aspects of that exercise and said however, that West Blue will be paid separately.

The DICs according to the letter were also required to indicate how soon they will make the $35 million available.

It said the government had decided to implement a national Single Window from September 1, 2015 and added that the contract of destination inspection companies will come to an end on August 31, 2015.

Filthy Business

Samuel Atta Akyea, Member of Parliament (MP) for Abuakwa South, has described as “filthy” the deal being entered into by the government.

He described the letter to the DICs as “a very veil form of bribery” and said the government could not seek to solve its problems by inducing companies through monetary donations in the form of contracts.

“This is very filthy for you to use your office to induce people to pay monies which they are not supposed to pay so they have some advantage because of your promise,” he told Joy FM.

“What is even worse is you wouldn’t want to respect the procurement act and that there will be no competitive bidding and you will give it to them because they did your bidding.”

The MP added that “we owe it to ourselves to really address this concern and haul him before the house to come and answer questions relating to the letter but I don’t want to believe he signed the letter because if he did then it is scandalous”

Bankswitch’s Story

Bankswitch Ghana took the government to The Hague demanding the award of ¢853 million for the illegal termination of a contract it signed with the government in 2007.

The Ministry of Finance had entered into an agreement with the company for the provision of a customers' valuation software for the Customs Division of the Ghana Revenue Authority, to help with revenue mobilization.

Along the line, the government abrogated the contract for non-performance but Bankswitch challenged the decision at the international court.

The court held that the contract signed with the ministry to provide the services was wrongfully abrogated and awarded damages in excess of GH¢197 million.

ABUGA PELE ORDERED TO OPEN DEFENSE

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Saturday, June 20, 2015

An Accra Financial Court has ruled that Abuga Pele former National Coordinator of National Youth Employment Programme (NYEP) now Ghana Youth Employment and Entrepreneurial Development Agency (GYEEDA) who is also NDC MP for Chiana Paga, and another have a case to answer.

The court presided over by Justice Afia Serwah Asare Botwe ordered the accused to open their defense on July 13, starting with the MP’s co-accused Philip Akpeena Assibit, CEO of Goodwill International Group (GIG), who is the first accused person.

The two had filed ‘Submission of no case to answer’ applications separately but the court dismissed them yesterday and said the prosecution has been able to lead prima facie evidence at the close of its case in April.

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.

Court’s Contention

In a long ruling which took about one-and-half hours to read, the judge said some of the matters raised by the accused persons in their applications were issues that would require testimonies on oath to enable the court to come to a conclusion.

The court said that it needed to consider whether the prosecution had led evidence against the accused and in the process was able to establish prima facie case against them.

The judge however, conceded that the ‘standard of the law’ at this stage of the trial is not as high compared to when the accused completed their testimonies and the entire case had closed.

The court said the prosecution led evidence to the effect that Abuga Pele (NYEP) through MDPI and Assibit (GIG) signed MoU to offer consultancy services among other at the blind side of then sector Minister Akua Sena Dansoa.

Pertinent Issues

On the issue of defrauding by false pretences, the court held that Assibit obtained the consent from the government to part with various sums of money and in the numerous correspondences the accused had presented himself as Managing Consultant using Management Development and Productivity Institute (MDPI) and GIG letterheads.

“It is the circumstances and justification of the payment which is in contention and it is the accused who can best explain what the prosecution has said,” the court held.

The judge said that it was the prosecution’s case that Assibit wrote to the Ministry of Youth and Sports that the $65 million World Bank had been secured and wanted payment for consultancy services that his GIG rendered including pre-financing the whole deal but the state has insisted that the facility was yet to arrive.

“There is sufficient prima facie case made regarding the charge of defrauding by false pretences and A1 is required to open his defense.”

Abetment

On the abetment of crime against Abuga Pele, the court said that it was the duty of the prosecution to prove that the NDC MP purposely aided or facilitated it to enable Assibit to receive the various payments and the memo he (Abuga Pele) wrote to the minister justifying why Assibit should be paid was already in evidence.

“He (Abuga Pele) has to open his defense for the court to make total conclusions,” the judge said.

On intentionally misapplying public property, the court said Abuga Pele according to the prosecution recommended the payment of GH¢3.330,568.53 ($1.948,626.68) and therefore was required to open his defense to explain what the prosecution was insisting there was no work done.

On dishonestly causing loss to public property, the court said that there was already prima facie case against Assibit on the charge of defrauding by false pretences and “it necessarily implies to the charge of dishonestly causing loss to public property.”

Financial loss

On willfully causing financial loss to the state, the court said the prosecution was able to lead evidence to the effect that Abuga Pele recommended payment of ‘significant’ amount to be paid to Assibit non-existing services.

The court said the prosecution is holding that the Tracer Study was not conducted as claimed and Assibit further took credit for Exit Strategies which he did not prepare and Abuga Pele at a point wrote to the ministry that because Assibit was able to help secure $65 million from the World Bank as consultant, he should be paid $2.280,605 which is 3% of the whole facility.

The judge said Abuga Pele made ‘categorical’ statements in the memo and it was up to the MP to open his defense to prove that the steps he took did not cause financial loss as claimed by the prosecution.

The court also said that it was for Abuga Pele to demonstrate to the court that the Attorney General erred in preferring all the charges against him as argued in his application.

WAEC BOSS MUST GO-NAGRAT

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Friday, June 19, 2015

The National Association of Graduate Teachers (NAGRAT) has called for the resignation of the Very Rev. Sam Nii Nmai Ollennu, Head of the Ghana National Office of the West African Examinations Council (WAEC) following the leakage and subsequent cancellation of some Basic Education Certificate Examination (BECE) papers.

The association also suggested the dissolution of the entire WAEC Board.

Ghanaians were on Wednesday hit with disturbing news of a massive leakage of five of the ongoing BECE subject papers and WAEC immediately took responsibility for the lapse and announced the cancellation of the affected subjects which would have to be re-written by the students.

The canceled papers were: English Language 2, Religious and Moral Education 2, Integrated Science 2, Mathematics 2 and Social Studies 2.

WAEC Admission

Deputy Director of Public Affairs of WAEC, Agnes Teye-Cudjoe, admitted in a statement that it was ‘dismayed’ and ‘disappointed’ that the papers had been compromised and explained that it had to cancel the papers in order to protect the integrity of the examination.

The council is presently being investigated by the Bureau of National Investigations (BNI).

Investigation

In the ensuing confusion, NAGRAT is blaming WAEC for the leakage and insisted it was necessary for the Rev. Ollennu to step aside because his continuous presence as the Council’s head will influence the investigation process.

At a news conference in Accra yesterday, Angel Kabonu, vice-President of NAGRAT said “When papers leak and the questions are on the internet, whatsApp and students could email them, then we will have to ask ourselves the question ‘where is it coming from’, definitely it is coming from WAEC”.

In NAGRAT’s view that WAEC let down Ghanaian teachers and students by failing to “bring WAEC up to speed with 21st century virtual securities.”

“We need to get beyond announcing the leakage and cancelling papers and really get into a process of house cleaning at WAEC, they really need to clean their house because clearly, individuals within that organisation are causing these leakages.”

WAEC is untouchable

According to NAGRAT, “WAEC is able to afford these unpardonable in inefficiencies because of the monopoly it enjoys.”

 “It is clear that whether their services are good or not and whether we like them or not, they are the only one we have. WAEC has become an untouchable bully that pushes bad services down our throat while no one dare questions them.”

NAGRAT admitted that “some pupils, students, teachers and indeed anybody could be culpable for leakages” but added that it is certain that “most of the leakages take their source from WAEC itself.”

“It is unfortunate that WAEC staff are highly insulated and hardly suffer any serious penalties from their wrong doings.” They added that any WAEC official, teacher or pupil who is found culpable must be dealt with according to the law.”

Rippling effect

“the results that students churn out is a reflection of our competence or otherwise and if people are adamant to our call…because our call does not stem from only what has happened this year, we have series of historical developments that we will present to the table, if that is not done we will have to reconsider our relationship with that examination body.

“Don’t forget the questions are from us, the assessment and marking of the examination is from us, we invigilate the examination and without us the examination cannot go on,” NAGRAT said.

The June 2015 BECE started only on Monday, June 15 and was expected to be completed on today.  Some 438,030 candidates were registered to partake in the examinations in 1,446 centres across the length and breadth of the country.

MAHAMA FIRES TOP CEOs

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday, June 18, 2015

President John Mahama appears to be stamping his authority on throttle as his administration approaches homestretch with his latest reshuffle of public sector chief executives and outright dismissal of some.

Notable among those relieved of their positions are Chief Executive Officer of the National Health Insurance Authority (NHIA), Sylvester Mensah and Josiah Cobbah who is the head of National Identification Authority (NIA) which was in the news over the destruction of multi million dollars Ghana cards.

Also moving on are Paarock Van Percy of the National Communications Authority (NCA) whose term of office expired as well as Kofi Attoh as head of the Ghana Investment Fund for Electronic Communications (GIFEC), all under the Ministry of Communications.

In Mr. Mensah’s case, his deputy in charge of operations, Nathaniel Otoo has been asked to act while loquacious Kobby Acheampong, acting head of the Youth Enterprise Authority (YEA) is replacing Mr. Attoh, who was the NDC’s Director of International Affairs, at GIFEC.

Vincent Kuagbenu, a former National Service Secretariat (NSS) Director who was recently a Presidential Staffer in charge of registering government cars is taking over from Kobby Acheampong at YEA formerly GYEEDA or NYEP.

A member of the just-concluded Justice Senyo Dzamefe Commission, Kofi Anokye Owusu Darko is replacing Laud Senanu as Chief Executive of the National Pensions Regulatory Authority (NPRA) while Head of ICT at NIA, Kwame Osei Griffiths son of Commander Pius M. G. Griffiths (Rtd), former Minister of Communications in the erstwhile Jerry Rawlings regime, has replaced Mr. Cobbah as head of the authority.

Director General of National Information Technology Agency (NITA) William Tevie has been sent to NCA to replace Mr. Van Percy while the President is reportedly working to replace head of Driver Vehicle Licensing Authority (DVLA), Rudlof Beckley; Kirk Koffi’s Volta River Authority (VRA); Dr. Alphons Kwao Dorcoo’s Tema Oil Refinery (TOR), Moses Asaga’s National Petroleum Authority (NPA), Noble Appiah’s Metro Mass Transit (MMT), Robert Dwamena’s Electricity Company of Ghana (ECG) and Kwame Awuah Darko’s Bulk Oil Storage and Transportation (BOST).

All these bodies have attracted bad press lately sending concerns among NDC supporters.

The report of the axing and changing of the CEOs was received with excitement among the concerned NDC members who think that the state owned organizations were leading the government to the slaughter’s slab.

Sly Resigns

Yesterday, Sylvester Mensah of NHIA clarified on an Accra-based private radio station that he was relieved of his post and did not resign was being speculated.

An internal memo leaked to the media Tuesday titled, “Sylvester Mensah resigns from NHIA” confirmed that the former MP for La Dadekotopon was leaving the authority after six years in office, and will be reassigned in due course.

However, Mr. Mensah dismissed his resignation report and said he received a letter from the Flagstaff House, seat of government to the effect that he had been relieved from his post.

“I received a letter relieving me from my post and another (person) acting in my stead and so I sent an internal memo to all my staff across the country notifying them of the change in leadership and someone leaked it to the media with his own heading on it.

“It is not true that [I have resigned] I have been relieved of my post and I am happy for serving in that capacity for this number of years...that is the issue not that I have resigned.

“I served for six years and I am exceedingly grateful and thankful,” he told Peace FM.

Mr. Mensah, in answering a question on who signed the letter relieving him of his post and whether the letter stated reasons for that decision, said it was signed by the “appointing authority” and that it said his tenure had expired.

“I think government does not owe any appointee a security of tenure and I am exceedingly grateful for the honour to serve in public office. If you serve in public office for one year and you are relieved, you must be thankful and grateful for having the opportunity to serve your people and I am exceedingly grateful and thankful particularly to his Excellency the President at whose beheads I have served.

“I have been relieved of my post and I am happy for serving in that capacity for this number of years and I would support in any capacity. I would support not necessarily been in government; you can support from any angle from any direction and that is the issue. But not that Sylvester Mensah has resigned. It is not true”, he noted.

The outgoing Chief Executive said he was not aware he has been penciled for any other appointment and that no one had communicated such information to him.

On Tuesday night, an internal memo supposedly signed by Mr. Mensah , informing  his staff that he was on his was out of office and thanking them for their support over the years got leaked and went viral on social media.

CHIEF SHREDS MAGNA CARTA

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday, June 17, 2015 

 

Paramount Chief of Essikadu Traditional Area, Nana Kobena Nketsiah V on Wednesday took a swipe at promoters of the Magna Carta and said it was being advanced to satisfy the egos of colonialists.

“In celebrating this today, we should challenge the Magna Carta in order to make a contribution to human society. If we just take it hook, line and sinker, then we will just be caught up in what someone called ‘conceptual incarceration’,”

The Magna Carta (Latin for the Great Charter), also called Magna Carta Libertatum (Latin for the Great Charter of the Liberties), is a charter agreed upon by King John of England at Runnymede, near Windsor, on 15 June 1215.

First drafted by the Archbishop of Canterbury to make peace between the unpopular King and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons and for centuries, the charter has been celebrated by democracy-loving countries.

The Ghana Bar Association (GBA) in a colloquium at Novotel, Accra to celebrate 800 years of the signing of the Magna Carta invited experts including Nana Nketsiah V, a staunch defender of African tradition to share his perspective of the document.

Human responsibilities

“Be very careful about what you are celebrating. I keep telling people that as an African the most important thing is not about rights. It is about human responsibilities. As soon as I move into rights I am in another paradigm. Rights were born out of a feudalistic society,” Nana Nketsiah V said.

He said “The sovereignty of the individual hinges on the sovereignty of the state. If the state is not sovereign and the community is not sovereign how can the individual be sovereign?”

Other speakers

Jon Benjamin, British High Commissioner who opened the colloquium said the Magna Carta had played central roles in the constitutional and legal development of many countries and could not be underestimated by anybody.

He said the processes leading to strengthening the ideals of the Magna Carta had evolved and added “we should be able to deal with the natural impatience and nurture the evolution instead of revolution.”

Dr. Kofi, historian and lawyer said the Magna Carta marked what he called “a decisive step towards constitutional governance” and added that “key human rights provisions derive its source from that document.”

Kwame Pianim, an economist said the Magna Carta was promoted to inspire ideals and added that the call to regulate market-oriented economies was becoming stronger.

Nene A. Amegatcher, President of GBA said the Magna Carta has helped to shape Ghana’s development of the rule of law, freedom and justice, separation of powers and gradual awareness of respect for human rights.

GOV'T COVERS NDC GURUS IN WORLD CUP SCANDAL

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday, June 16, 2015

The government’s white paper on the 2014 World Cup Committee appears to have shielded leading NDC party officials who were deeply involved in the organization of the Black Stars trip to Brazil for the football fiesta.

However, the report seems to be shepherding Ghana Football Association (GFA) President Kwasi Nyantakyi to the gallows.

For instance, the report appeared silent on most of the roles played by Elvis Afriyie-Ankrah, then Minister of Youth and Sport whose evidence before the three-member Commission that investigated the team’s organization in Brazil, generated public uproar.

It was interesting to note that almost all the recommendations of Dzemefe Commission that directly indicted Afriyie Ankrah were vetoed by President Mahama in the white paper.

It will be recalled that immediately Ghana’s worst ever performance at a World Cup was over, President Mahama removed Afriyie-Ankrah who was his campaign manager in the 2012 controversial general elections, and brought him to the Flagstaff House, the seat of government as Minister of State.

Public perception has it that the John Mahama’s NDC government is only acting on the report because of what is happening in the circles of the Federation of International Football (FIFA) which has been rocked by bribery and corruption scandal.

Under FIFA rules, there is a clause for non-interference of governments in the organization of the game and Football Association (FA) chiefs have largely been immune from prosecution but the indictment of many top FIFA executives by the United States for bribery and corruption appears to have emboldened other governments to follow suit.

Nyantakyi Factor

The white paper which was signed by President Mahama on June 1, 2015 after the Dzemefe Committee submitted its work on March 30, 2015 said the BNI should investigate an amount of $200,000.00 paid to the GFA Boss by the state towards a friendly match whilst the Black Stars were preparing for Brazil 2014 and the investigators were required to find out if there was agents funding of those friendly matches.

The white paper further said Mr. Nyantakyi’s unwillingness to account for $577,500.00 was “unfinished business” and directed the BNI to go after him to bring the matter to a conclusion.

“The commission concluded that the GFA President Kwasi Nyantakyi collected an appearance fee of $577,500.00 for seven management members but only five of them were at the World Cup,” adding “If it turns out that only the five named members of the Management Committee who were in Brazil were paid the appearance fees, then the GFA Chairman should refund the amount of $165,000.00 being the appearance fees of the two Management Committee members who were not in Brazil. The government so directs.”

The report said Mr. Nyantakyi should be investigated  for receipt of $200,000.00 from the government towards a friendly match in preparation for the 2014 World Cup vis a vis agent funding in order to clear any doubt of double funding.

Forensic audit

The report also said that there should be a forensic audit of the accounts of the GFA with respect to claims of losses totaling $1,002,000.00 incurred during matches involving Ghana and Cape Verde, Nigeria and Togo.

According to the report, the claim by the GFA of an amount of $350,000.00 received from the Japan match was used to offset the deficit in the Ghana/Cape Verde match should be investigated.

The BNI will also investigate whether match fees for the Holland/Ghana game and the Ghana/South Korea match was eventually paid by the agent or organizer after the GNPC funded it as well as how the GFA applied  the FIFA World Cup preparation money of $1.5 million and the $2million the association received from the GNPC vis a vis match agent funding.

Afriyie Ankrah escapes

The white paper vetoed the commission’s recommendation that Afriyie Ankrah should be made to provide the necessary third party vouchers from the transport companies or refund GH¢15,000.00 reported spent.

The government said “the use of Honour Certificate to account for this type of expense is not acceptable,” as declared by the commission with respect to Afriyie-Ankrah was untenable.

 According to the white paper “government is of the view that the members of the Project Committee are all mature and experienced persons of stature and substance and should, therefore, be held liable for acts and omission for which they were assigned responsibility.”

The report said the former minister should only be held personally liable only in cases where a member of the Project Committee could not be identified  as having been in charge of a particular matter for which funds had not been accounted for.

E-volution deals

 The report said that any misapplication or misappropriation of fundsgiven by the GNPC to E-volution International on behalf of the ministry to establish fan parks should be refunded by the private company or surcharged to Afriyie Ankrah.

Unaccounted for expenditure

The government said it had accepted the commission’s recommendation that the unaccounted for expenditure of GH¢189,000.00 should be investigated and those found culpable surcharged.