Porn

Two Fined For Peddling Porno Materials

Two newspaper vendors were yesterday fined ¢700,000 each by an Accra circuit court for possessing and selling pornographic materials.The convicts, Maxwell Danso and Abraham Sam, will serve 14 months each in prison if they default in the payment of the fines. Their arrest followed public outcry that the sale of pornographic materials was on the increase, corrupting people, especially the youth, to engage in immoral activities.They pleaded guilty with explanation to a count each of possessing and trading in pornographic materials and were convicted on their own pleas.Prosecuting, Assistant Superintendent of Police Mr George Abavelim told the court that police officers from the Headquarters of the Criminal Investigations Department (CID) of the Ghana Police Service, acting upon the public outcry, went to the Ridge taxi rank at the Kwame Nkrumah Circle in Accra on August 9, 2005, where Maxwell operated.He said when one of the officers approached Maxwell to buy some of the pornographic materials, she was taken to a hide out where two copies were sold to her for ¢120,000.ASP Abavelim said while sale was going on, other officers swooped in and arrested Maxwell.The prosecutor said a search in Maxwell’s room led to the retrieval of seven additional copies of similar materials.In his explanation, Maxwell said when the police officer approached him that she wanted some pornographic materials to buy, he told her that he did not deal in those materials.However, the woman persisted and even left her telephone number with him so that he could call her anytime he got some of the pornographic materials.According to Maxwell, it was after the woman had gone to him again to say that she worked in a hotel which needed them badly that he told her that he had some of the pornographic materials for his personal use and agreed to sell some to her.In the case of Abraham, the prosecutor said he was arrested when the police found that he had displayed the pornographic materials for sale near the Accra Polytechnic.ASP Abavelim said under the same modus operandi, a policewoman approached Abraham to buy one of the pornographic materials for ¢50,000.A search, he said, led to the retrieval of six additional copies of similar materials.The court ordered that the materials should be destroyed.In another development, an Accra circuit court yesterday remanded a 24-year-old porter, Andan Abubakari, for allegedly terminating the pregnancy of Fati Alhassan, her colleague.The victim, 20, who was five months pregnant is, on admission at the Korle-Bu Teaching Hospital.Andan’s plea was not taken and she will reappear on August 17, 2005 to answer abetment and abortion charges.The facts of the case are that a principal medical officer stationed at the Ussher Polyclinic called the police on August 1, 2005 and informed them that a young lady in his consulting room had taken some concoctions in an attempt to terminate a five-month-old pregnancy.When the police went to the clinic, they found Fatima groaning in pain and she was rushed to the Korle-Bu Teaching Hospital.Andan was alleged to have given the drug to Fatima, who inserted it in her vagina. But she denied that and said she had only been sent to purchase the drug.

Story by Stephen Sah

A-G/SPEAKER

A-G, Speaker Dragged To Court(5/17/2005)

THE Ghana National Poultry Farmers Association has filed a writ at the Supreme Court against the Attorney- General and the Speaker of Parliament, seeking a relief to compel them to enforce the Constitution by implementing the 20 per cent additional tariffs on imported poultry products.It is also seeking an injunction against the defendants and their agents, restraining them from proceeding with the implementation of tariff levels imposed by the old tariffs regime, Act 686, because it was inconsistent with Article 107 (a) of the Constitution.Furthermore, the association is praying the court for a declaration that by the enactment of Act 686, the defendants retroactively imposed a burden on the association’s members to endure more intense competition from foreign poultry products, contrary to the Constitution. According to a statement of claim accompanying the writ, the Minister of Finance, in the budget statement to Parliament in February 2003, proposed to impose an additional import tariff of 20 per cent on all imported finished poultry products into the country.The rationale, it said, was to protect the domestic poultry industry, and pursuant to that, Parliament passed the Customs and Excise (Duties and other Taxes) Bill 2003 (Act 641) to raise the level of tariffs on finished imported poultry products from 20 per cent to 40 per cent.For the purpose of implementing Act 641, the Customs, Excise and Preventive Service (CEPS) issued a tariff interpretation order number 1/2003, dated May 7, 2003, requesting all customs officers to apply, among other duties, the import duty rates and other taxes contained in the schedule to Act 641,” it said.The statement said, however, that in or about May 12, 2003, the Commissioner of CEPS suspended the implementation and application of the requisite import duty rates imposed by Act 641 and directed that the import tariffs which were in force prior to Act 641 should be applied.“By a subsequent tariff interpretation order number 2/2003, changes arising from the 2003 budget, the tariff rates contained in the schedule to Act 641 were completely removed and thus rendered inapplicable,” it said.The statement said the association made efforts to have the Commissioner of CEPS to reinstate the tariff rates which Parliament duly imposed on finished imported poultry products in exercise of its powers under Article 174 of the Constitution but to no avail.To compel the Commissioner of CEPS to implement and apply the tariffs mandated by Act 641, the statement said the association instituted an order of mandamus at the High Court against the CEPS Boss, arguing that it was his statutory public duty to implement the tariff rates imposed by Act 641.It argued that the failure or neglect to comply with the edict of the legislature was unlawful and “a waiver of the imposition of a tax and unconstitutional as it offended the ‘taxing and spending’ powers of Parliament contained in Article 174 of the constitution”.The statement said the High Court, on March 11, 2005, gave judgement in favour of the association, holding that it had discharged the burden of showing that the suspension of the implementation of Act 641 was not only unlawful but also unconstitutional and ordered that the Attorney- General and the Minister of Finance be joined to the suit to appear before it on April 21, 2005, to show why the order of mandamus sought by the association should not be issued.It said while the association was putting together the processes to serve the two ministers, the Minister of Finance tabled a motion before Parliament for adoption and enactment of a bill, known as the Customs and Excise (Duties and other Taxes) Bill, 2005 to repeal Act 641.

Story By Stephen Sah

GREL

GREL
‘Sherry Ayittey Played No Role In Divestiture’
Story:Stephen Sah

A Former Executive Secretary of the Divestiture Implementation Committee (DIC),Emmanuel Amuzu Agbodo, yesterday told the Accra Fast Track Court that Sherry Ayittey, treasurer of the 31st December Women's Movement (DWM), never played any role in the divestiture of the Ghana Rubber Estates Limited (GREL).He said Sherry Ayittey was not a member of the negotiation team constituted by the DIC for the GREL divestiture and she did not contact him as the Executive Secretary to do any favour to Societe Industrielle Plantation Hevea (SIPH), the French company that bidded for the GREL.Agbodo, who is standing trial with Sherry Ayittey and Ralph Casley-Hayford, a businessman, for playing various roles to influence the divestiture of GREL in favour of the French company, was testifying under cross-examination by counsel for Sherry Ayittey.All the three accused persons have denied the charges and are on self recognisance bail.Agbodo said that in 1996, he was the Executive Secretary of the DIC and after the GREL divestiture was completed, the Share Sale and Purchase Agreement was executed between the DIC and SIPH.Asked where the original agreement could be found, the accused said he believed a copy could be with SIPH and another with the DIC.When counsel gave him a photocopy of the agreement to identify, Agbodo said that could be a reflection of the original document because he had initialled it.The photocopied agreement was tendered in evidence.The accused further said a Shareholders Agreement which was dated May 12, 1997, was executed between the SIPH, GREL and the Government of Ghana.He said the original agreement could be found at the DIC offices, explaining that he was not a signatory to it, though.According to him, certain aspects of the divestiture of GREL were dealt with by an evaluation team constituted by the DIC .The team, he said, opened the sealed bids and evaluated them in accordance with the DIC's specifications and reported the status of each bid to the DIC.He said the evaluation team was then transformed into a negotiation committee to deal with the bidder as regarded the divestiture of the GREL.Asked how many members constituted the DIC in 1998, Agbodo said he could not remember that extempore because he did not have the records with him.Based on that, counsel prayed the court to subpoena the DIC for that information but he was asked to take steps to get the information.Following that, the court adjourned the case to November 16, 2004.

coke

coke
Six Granted Bail In Cocaine Case(6/15/2005)
Story By Stephen Sah

An Accra circuit court yesterday granted bail in various sums with justification to six Ghanaians, including four policemen, who have been remanded in custody for an alleged cocaine deal and for extortion.Deric Osei Owusu, a Ghanaian-born British soldier, and Leonard Banafo, a student, were each granted bail in the sum of ¢500 million with a surety to be justified.They are also to surrender their passports to the registrar of the court and present themselves to the Greater Accra Regional Police twice a week until further notice.The policemen, Detective Sergeant Stanley Gbeglo and Lance Corporals Karimu Osuman, Ebenezer Ogbordjo and J. K. Mensah, all stationed at the Cantonments Police Station, were each granted bail in the sum of ¢200 million with a surety to be justified.They are also to present themselves to the Regional Police twice a week until further notice.Owusu and Banafo pleaded not guilty to possessing narcotic drugs, while the policemen also pleaded not guilty to extortion.The substance which was allegedly retrieved from the suspects when they were arrested has been forwarded to the Ghana Standards Board for examination.Scores of relatives and well-wishers of the accused persons who thronged the court were excited at their bail and were seen hugging each other when they heard that the accused had been granted bail.They also shook hands with some of the defence lawyers, apparently to congratulate them on, at least, getting bail for their clients.Owusu was believed to be among a gang of dealers who were preparing some couriers to swallow 163 pellets of cocaine at a discotheque at Adabraka when the policemen, upon a tip-off, went there, ostensibly to arrest them. However, on reaching the place, the policemen allegedly demanded a bribe of $60,000 but were offered $18,000 and a car. But when they allegedly refused the offer, saying it was not enough, Owusu and Banafo were said to have gone round Accra, raising an additional £600 and ¢3 million.The facts of the case are that on May 27, 2005, the Regional Police Criminal Investigations Department (CID) had information that Sgt Gbeglo and Cpls Osuman, Ogbordjo and Mensah had arrested Owusu and Banafo in a hotel at Laterbiokoshie with a quantity of cocaine and were extorting $60,000 from them.Based on that information, a team from the Regional CID trailed them to a discotheque at Adabraka, where they met Owusu and Banafo in handcuffs while Sgt Gbeglo and Cpl Osuman stood by them.Cpls Ogbordjo and Mensah managed to escape when they saw the CID team but the rest of them were arrested and escorted to the Deputy Regional Commander’s office, where a search was conducted on them. The search revealed 163 thumb-size, oval-shaped substances suspected to be cocaine, $18,000, £600 and ¢3 million in a polythene bag which was found with Gbeglo.Owusu was said to have claimed ownership of the suspected cocaine and stated that the policemen, after arresting them, demanded an amount of $60,000 but they were able to raise $18,000, £600 and ¢3 million through one Yusif at Zongo Lane, who contributed $10,000, while the proprietor of a forex bureau at Adabraka provided $8,000.The £600 and ¢3 million were claimed by Owusu as his personal contribution.

I was framed up

I Was Framed Up(12/23/2004)
Story:Stephen Sah

Hanny Sherry Ayittey,the former Managing Director of GIHOC Distilleries Company Limited, yesterday said that she was framed-up by three prosecution witnesses because she never played any role in the divestiture of Ghana Rubber Estates Limited (GREL).“I had nothing to do with it and Dr Albert Owusu Barnafo, Mr Etienne Popeller and Ms Georgina Okaiteye, came up with something which I had not done,” she said, when continuing with her evidence-in-chief at the Fast Track High Court in Accra.Sherry Ayittey is being tried together with Emmanuel Amuzu Agbodo, the former Executive Secretary of the Divestiture Implementation Committee(DIC),and Ralph Casley-Hayford, a businessman,for playing various roles to influence the divestiture of GREL in favour of Societte Industrielle Plantation Hevea (SIPH), a French company.The accused persons were alleged to have collected some moneys to enable SIPH to benefit from the GREL divestiture. But all three of them have denied the charges and are on self-recognisance bail.Sherry Ayittey, who is also the Treasurer of the DWM, was led in evidence by Mr David Lamptey, her counsel.Asked whether she received a personal gift of $120,000 from Dr Barnafo in May 1998, to influence the GREL divestiture in favour of SIPH, and for which reason she was being tried, the accused denied ever taking the money.During the month of May 1998, she said , as a co-opted member of the DIC, she never performed any function with regard to the GREL divestiture, saying: “The divestiture of GREL even never came up at the DIC in the whole of 1998.”Sherry Ayittey told the court that in May 1998,she was not in the country at all to have seen or met with Dr Barnafo and collected that money.She therefore tendered in evidence photocopies of pages in her passport indicating that she travelled during that period.Explaining her travel outside the country over the period, the accused stated that in March 1998, after former US President Clinton’s visit to Ghana the then government, in co-operation with the USAID, put up a committee to consolidate the issues that came up of the visit.She said that in May 1998, a delegation made up of some ministers of state, Members of Parliament, private and public sector people and women groups travelled to North Carolina in the US to attend a conference which was organised by SIGMA-ONE, a US company.“After the conference,I came back to Ghana and again I travelled with the then First Lady to Ireland to attend another programme dubbed “The Chairman’s Programme” which was organised by the Irish Management Institute.“During May 1998, my two eyes did not see Dr Barnafo anywhere or met him to collect $120, 000 to influence the DIC,” she said.She also tendered in evidence a photocopy of the programme of activities of the Chairman’s Programme.Sherry Ayittey denied a statement by Dr Barnafo during his cross-examination that the DWM held meetings during which the NGO gave three conditions to be met by SIPH before it could benefit from the GREL divestiture.The accused further denied that she was contacted by Dr Barnafo in 1995 and 1996 after the SIPH team of which he was a member and that of the DIC had had several meetings in connection with the GREL divestiture.She said Dr Barnafo could not have given her money to influence the DIC because she was not a member of the DIC team that negotiated the GREL divestiture.Sherry Ayittey said Dr Barnafo never briefed her on the completed purchase and sale agreement of the GREL divestiture.Asked whether she was contacted to intervene on behalf of SIPH to save it from the payment of an extra one million French Francs, which came up after the government’s Memorandum of Understanding, the accused replied in the negative.She said that Dr Barnafo did not contact her about that payment and if it were true that she had taken money to influence the DIC, he would have contacted her to save SIPH from paying the extra money.According to her, knowing he had not given her any money to influence the DIC, Dr Barnafo told the court in his evidence that he personally followed up at the DIC to check on the outcome of the GREL divestiture otherwise he would have left that to her to do.She also denied any knowledge about the DIC’s approval letter that outlined the payment terms of the divestiture to SIPH and explained that she got to know about it when it was tendered in court.Sherry Ayittey said since she did not know about that letter,she could not have been contacted to be part of a concession granted to SIPH to pay the last instalment of the purchase price later after the company could not meet the deadline which was set by the DIC

AK47 RIFLES

AK47 RIFLES
Court Remands 3 Men With Arms

Story: Stephen Sah

The Circuit Court in Accra yesterday remanded three persons arrested by the security agencies for possessing large quantities of AK 47 assault rifles, pistols, grenades and ammunition.Mohammed Abdulai Atakora, a telephone bill distributor, Ernest Adorsoo, a student, and Seth Kumako, self-employed, were charged with conspiracy and possession of firearms and ammunition without lawful authority.Story By Stephen SahThey pleaded not guilty to the charges and are to reappear on June 20, 2005, by which time the police would have completed investigations into the matter. The court also issued bench warrants for the arrest of two accomplices, Maxwell Kudjeo Ketsi, a welder, and Agaga Ekwiey, who are at large.Prosecuting, Chief Superintendent of Police Mr P.A.Sarpong told the court that officers of the Bureau of National Investigations (BNI) and the Criminal Investigations Department (CID), upon a tip-off that a group of people were planning to procure arms, mounted an operation on June 2, 2005 to round them up.During the exercise, he said, the three suspects were arrested at Asylum Down in Accra, while the two managed to escape.Mr Sarpong said when their Ford Modeo saloon car, with registration number GR 9908 T, was searched, 36 AK 47 assault rifles, 10 pistols, three boxes of ammunition, 74 packets of pistol ammunition of 7.6 mm, one box of hand grenades and ¢25 million were found.Two bags of rice were also found in the boot of the car.

Dutch porn

Dutch porn
Dutch Convicted For Pornography
Story:Stephen Sah

The 62-year-old Dutch, De Graaf Frederick, who was arraigned before an Accra circuit court for luring girls into his hotel room and taking photographs while having sex with them, was yesterday sentenced to a fine of ¢20.5 million.In default, he will go to jail for four-and-a-half years.The convict was also ordered to leave the country by Friday, November 5, 2004.The court further confiscated to the state all electrical gadgets which he used in committing the crime, while all the pornographic pictures and cassettes found in his possession at the time of his arrest should be destroyed by the Ghana Immigration Service.In addition, both the prosecution and the defence agreed that Frederick should compensate each of his five victims with ¢5 million.He was charged with three counts of engaging in obscene activities, possessing indecent materials and deceiving public officers at the Kotoka Airport, but he pleaded not guilty and was remanded by the court.However, at its sitting yesterday, the court convicted Frederick on his own plea after he had changed his plea from not guilty to guilty.His counsel prayed the court not to impose a custodial sentence on the convict because he had been in custody since his arrest and that had taught him a lesson.Counsel said his client was also a first-time offender who was unknown to the law and so the court should be lenient with him.The prosecution said although the convict’s change of plea had shortened the proceedings, the court should use its discretion to pass sentence and reminded the court of Section 35 (2) of the Immigration Act, which stipulates a deportation of foreign nationals who engage in acts of this nature.Frederick was arrested by immigration officials last month for taking video photographs of the girls, without their knowledge, while having sex with them, apparently for commercial purposes.He placed the pornographic pictures he took on the Internet for commercial purposes and paid some of the girls 1,500 euros and others between ¢2 million and ¢5 million. He also bought gifts for some of them.Immigration officials retrieved about three dozen pictures of girls who had fallen victim to the act. Frederick was able to film the girls because he placed the camera at a secret place around a television set in his room, with its focus on the bed, before bringing his victims into the room.He then slotted in an African movie while the romance and sexual acts were going on and because of the strategic positioning of the camera, it was able to capture everything he wanted, without the knowledge of the girls.It is suspected that Frederick had been undertaking similar activities in other countries.Immigration officials did not say whether Frederick was made to undergo an HIV/AIDS. That puts the girls in a tricky situation, because he did not allow the use of condom in most of his sexual engagements.Records at the Immigration Service indicated that Frederick started paying frequent visits to Ghana in 1988, as a “tourist”, and since his last entry on October 4, 2004, he had had sexual engagements with at least 16 girls.In a related development,Frederick was again fined ¢1 million for a similar offence which dated back to 1996 and related to possessing obscene materials

cocaine trial

cocaine trial
Defence Closes Case In Cocaine Trial
Story:Stephen Sah

The defence in the 588.33 kilogramme cocaine trial yesterday closed the case with the evidence of Sven Leonard Herb, a 45-year-old German. Consequently, the court, presided over by Mr Justice F. Kusi-Appiah, a Court of Appeal Judge, sitting with additional responsibility as a High Court Judge, adjourned the case to September 14, to fix a date for judgement. Mr Justice Kusi-Appiah asked the Chief State Attorney, Mr Anthony Gyambiby, to file his written address by August 30, 2004 to enable the defence counsel to file their response by September 7.Herb and David Logan, a Briton, Kevin D. Gorman, an American, Mohammed Ibrahim Kamil, a Ghanaian , Frank David Laverick and Alan Hodgson, both Britons have been accused of shipping narcotic drugs into the country without lawful authority.The six are currently on remand at the Nsawam Medium Security Prisons, but have all pleaded not guilty to the various charges levelled against them.A seventh accomplice, Craig Alexander Pinnick, also a Briton, who was on the run was later arrested and remanded in custody by an Accra circuit court.Led in evidence by Mr Kwabla Senanu, his counsel, Herb told the court that he came to Ghana on December 12, 2003, to visit his family because the following day was his daughter’s birthday, while his wife was expecting another baby in January, 2004. He denied that the Narcotics Control Board and its sister agencies in the United Kingdom identified him as one of the international drug traffickers operating in Ghana.According to him, he was arrested when he paid Gorman a visit in his house to inform him about the birth of his son but a search on him did not reveal anything.He said a further search conducted in his house did not reveal anything either and he never conspired with anybody to deal in narcotic substances.Testifying under cross-examination by the Chief State Attorney, the accused admitted writing his caution statement to the police and also picked Logan and Laverick from the airport on January 2 and 6, 2004, respectively.Asked to explain why he said in his evidence that he picked the two because Gorman was busy and in his caution statement that he picked them because he wanted to go to town with a girl friend, the accused said in his caution statement nobody asked him that question.He said Gorman telephoned him to ask him to pick them from the airport but when asked to mention his telephone number the accused said he could not do that.When his telephone number was suggested to him , the accused said the number sounded familiar but he was not sure saying “it is possible but I can’t remember. I kept the number for about one year before my arrest.”He said when he was asked to pick the two people, he knew that Laverick was coming to Ghana because he had told him to buy a DVD player for him but in the case of Logan, he did not know that he was coming.The accused denied going to the Prampram Beach on December 31, 2003,to offload boxes containing cocaine to be conveyed to the house of Gorman in Tema.

Nii Lantey

Nii Lantey
‘Nii Lante Vanderpuye Gave Me Three Registration slips’
Story:Stephen Sah

A Ninteen-year-old student, Faisal Abubakar, yesterday told an Accra circuit court that Nii Lantey Vanderpuje, the National Democratic Congress (NDC) parliamentary candidate for the Odododiodoo Constituency, gave him three registration slips and asked him to select a name that he could remember and use it to register in the recent voters’ registration exercise.As a result, he said, he selected one slip which bore the name of Tackie Teye,20 years and a native of Asene instead of Ada, his hometown.He also said the names of his parents were also changed from Abubakari Jibu to Tackie Boye and Memunatu Fuseini to Mary Okai.Faisal, who was one of those allegedly recruited by the accused to engage in the double registration was testifying in the case in which Nii Vanderpuje is standing trial at an Accra Circuit Court for alleged electoral malpractices in the registration exercise organised by the Electoral Commission.Nii Vanderpuje is said to have contracted six persons to engage in double registration during the recent voters’ registration exercise.Also on trial are Musah Fuseini, 41 and Gariba Mohammed, 22, both traders.Nii Vanderpuje is charged with five counts of abetment of crime, whereas the other accused persons are being tried on a charge of registering voters without authority.They have pleaded not guilty to all the charges and the court, presided over by Mr Williwise Kyeremeh, has granted each of them bail in the sum of ¢30 million with one surety.Led in evidence by Mr Augustines Obuor, an Assistant State Attorney, the witness said when he arrived in the house of Nii Vanderpuje, he was wearing a gown and in order not to be identified a Muslim, the accused gave him a jersey to put on to match the name on the slip.He said when Nii Vanderpuje brought out the slips, he asked Musah about his age and Musah mentioned 19 years, after which Nii Vanderpuje looked through the slips and gave him three of them bearing that age.According to him, Nii Vanderpuje asked him to pick one and memorise the name on it so he picked the slip with the name Tackie Boye and a Banza Bakoe took his batch to the registration centre to take their photographs.“I was among the second batch of five people, but I did not know their names,” he said.Witness said when he returned from the registration centre, Nii Vanderpuje asked him to give the jersey to one Gado and introduced himself to the group before asking Musah to collect their identity cards from them.During cross-examination by Nii Okaidja Adamafio, counsel for Nii Vanderpuje, witness admitted that Nii Vanderpuje asked him to select from the slips bearing the age of 19 but he selected one with 20 years bearing the name Tackie Teye.Asked how come the inconsistencies in the ages, witness said he forgot when he was asked the age on the form.Hearing continues today.

STEPHEN SAH CHALLENGES JUDGE

STEPHEN SAH CHALLENGES JUDGE
Accra, Sept. 15, GNA -

A Circuit Court in Accra trying Alhaji Saeed Sinare, former National Democratic Congress (NDC) Member of Parliament (MP) for Ayawaso Central and another suspect on alleged electoral malpractices on Wednesday disallowed three reporters from covering the proceedings.The Judge, Mrs Wilhemina Hammond said journalists from the Graphic Group of Communications, New Times Corporation and the Ghana News Agency should have applied to the Court's Registrar for permission to take down notes in the court. She said it was an offence to report on proceeding from the courtroom without permission. Mrs Hammond said: "If you need the proceedings of the court, you have to apply through the court's registry and the court would release a certified copy of proceedings to you." You need to get the certified copy from the Court before you can go ahead with your publication. You can sit down and listen to the proceeding but do not write." When the reporters tried to leave the courtroom, the judge ordered them to sit down.When the case was called this morning, the court asked witnesses who had not testified already to go out and they obliged. Earlier, when the Judge enquired whether there were pressmen in the court, the reporters stood up and mentioned their names and their respective organisations. This was written down by a court clerk who was ordered to do so. The court asked the reporters to sit down and listen to proceedings. But Mr Stephen Sah, a reporter of the Daily Graphic, explained that at the Supreme Court a Press Gallery was allocated to journalists.Mrs Hammond said the two courts were different adding, "In my Court reporters should apply through the registry before you can write anything from the Court." Mr Sah who tried leave during the trial was called back to sit down until the case was over. When the court rose at the end of proceedings, the reporters were asked to meet in the chamber of Mrs Hammond. In the chamber, she asked the reporters who were already seated "Have I asked you to sit down"?Mrs Hammond told the reporters that they were expected to focus on cases in the courtroom and not on issues concerning her adding, "I don't have any problem with you reporting on the case but don't focus on me". She said: "If I give orders and you do not understand, I expect you to come to me and I will ask the typist to type the order out and give you a certified copy."In America, journalists are searched thoroughly before they go into the courtroom and the name of judges are not heard." The reporters went to the Judicial Service Officials to enquire whether it was an offence to report from the court but they were told that the officers were at a meeting. Sinare is charged with conspiring with Stanley Nii Armah, an Electoral Officer, for allegedly making 26 illegal entries into the voters' register. They have both pleaded not guilty.
Source:GNA

NIGERIAN TRAFFICKER JAILED

NIGERIAN TRAFICKER JAILED
By Stephen Sah
Nigerian Trader Jailed For Dealing In Drugs(6/14/2005)

The Greater Accra Regional Tribunal yesterday sentenced a Nigerian trader to 10 years' imprisonment for importing cocaine into the country without lawful authority.Margaret Etim Sunday, 38, pleaded not guilty to two counts of importing and possessing narcotic drugs without lawful authority but changed her plea to guilty and was convicted accordingly.According to the facts of the case, the convict, on January 29, last year, arrived at the Kotoka International Airport aboard a United Arab Emirates flight.At the airport, officers of the Narcotics Control Board (NACOB) were on duty and after inspecting Margaret’s travelling documents, they became suspicious of her behaviour and trailed her outside the airport.The NACOB officials said Margaret, on leaving the arrival hall, quickly jumped into a taxi but she was arrested and handed over to the police.When she was sent to the 37 Military Hospital, an X-ray scan revealed that she had swallowed 60 pellets of suspected substances believed to be narcotics.Story

IMPOSTER

IMPOSTER

Impersonator Remanded By Two Courts
Story:Stephen Sah


The 48-year-old trader who is alleged to have presented herself as a protocol officer of Parliament and succeeded in defrauding several people on the pretext of securing them visas has been remanded in custody by two separate courts.The accused, Innocentia Akpene Kudoto, was also granted a ¢20 million with a surety, for issuing a false cheque in a different case.The accused was first remanded by a Circuit Court, presided over by Mr Williewise Kyeremeh, until June 10 for jumping bail in a case in which she was accused of defrauding a man of ¢30 million, under the pretext of securing him a United Kingdom visa.She was again refused bail by a Circuit Court, presided over by Mrs Elizabeth Ankomah, in the case in which she allegedly posed as a protocol officer of Parliament, and defrauded a number of people under the pretext of securing them United States and United Kingdom visas .Her remand followed fresh evidence that she had defrauded seven more people of $33,170 under the same pretext.While the case was being heard, a High Court bailiff, was also waiting for her in connection with a similar case in which she was alleged to have jumped bail.At that point, the judge asked if the accused was a normal person, and her counsel replied in the affirmative.In the first case which was called, the accused was said to have collected $1,900 and ¢650,000 from somebody under the pretext of securing a UK visa for him.Her counsel explained to the court that she did the travel business with other people who have bolted, following certain difficulties which emerged in the course of the transaction.Counsel said his client had made some payments and she should, therefore, be admitted to bail, but the court overruled the application and remanded her until June 15.In his fresh evidence to the court, Police Chief Inspector George Abavelim said the accused, in May and June, last year collected $9,700 from Amidu Yahaya and Ofantse Obeng, under the pretext of securing travelling documents for them.Around the same period, she also collected $2,280 from Seth Agyare, $2,050 from Stephen Kodua, $1,000 from one Mr Arthur, $2,000 from Jacob Felix Peasah, and $4,620 from Nella Agbelkey, all on the pretext of securing travel documents for them.Akpene has pleaded not guilty to all seven counts of defrauding by false pretence.

ROBERT DODDOO

ROBERT DODDOO

‘Acquit My Client’(5/27/2004)
Story:Stephen Sah & Mabel Aku Baneseh


Counsel for Dr Robert Doodoo, the immediate past Head of the Civil Service, who is standing trial at an Accra Fast Track High Court, for wilfully causing financial loss to the state, yesterday asked the court to acquit and discharge him because the prosecution had failed to prove any case against him.The accused was alleged to have authorised to be paid ¢70.8 million for the installation of an elevator for an office annex of the Civil Service between 1993 and 1995. The contractor, on receipt of the money, failed to undertake the job and an audit inspection revealed that the elevator had neither been supplied nor installed.He has pleaded not guilty to the charge of causing financial loss and the court, presided over by Mrs Avril Anin-Yeboah, has admitted him to bail.In his submission of no case to the court, counsel argued that evidence so far adduced by the prosecution did not support the charges, while all the witnesses called by the prosecution had been inconsistent in their testimonies.According to counsel, the prosecution ought to have made available to the court the original contract agreement to determine whether his client acted contrary to its terms or not, but failed to do so.“If it had been bought, it would have supported our contention that the contract payment had to be made before the supply and installation of the elevator machine”, he stated, adding that the machine had to be imported based on specifications sent to the manufacturers.Counsel further argued that the charge of wilfully causing financial loss was not grounded because the accused did not act recklessly, with an evil intent.He asked whether the prosecution could prove that at the time the payment was made, the accused foresaw that the money would be taken away by the contractor.The charge, he argued, would have been appropriate if the accused acted with a deliberate intent that involved taking risk with the payment.

NO BALLOT SLIPS?

NO BALLOT SLIPS?

‘I Never Gave Out Slips To Anybody’
Story: Stephen Sah


NII Lantey Vanderpuje, the National Democratic Congress(NDC) parliamentary candidate for the Odododiodoo Constituency, who is standing trial at an Accra circuit court for alleged electoral malpractice has denied any wrongdoing.He stated that he never gave out any slips to anybody to register for him and that the jersey he was alleged to have given to one of the people he recruited to register for him together with some other items was stolen from his house.He said the items which were hanging on a drying line in his house got missing about two months prior to the day he allegedly met those he recruited in his house and gave them slips to enable them to take photo identity cards for him.His denial was contained in a statement he gave to the police and tendered in court yesterday by Assistant Superintendent of Police, Mr Ransford Larbi Biney, the investigator.Nii Vanderpuje who was said to have contracted six persons to engage in double registration during the recent voters’ registration exercise is being tried together with Musah Fuseini, 41 and Gariba Mohammed, 22, both traders.Nii Vanderpuje was charged with five counts of abetment of crime, whereas the other accused persons were being tried on a charge of registering voters without authority.They have pleaded not guilty to all the charges and the court, presided over by Mr Williwise Kyeremeh, has granted each of them bail in the sum of ¢30 million with one surety.Nii Vanderpuje further denied knowing the young man he is alleged to have given the jersey to and that the jersey was among other items which were on a dry line and got missing.“I consider the items as minor and did not report the theft to the police but my household and neighbours know about it,” he said. Nii Vanderpuje said he was in his house when he heard a strong banging and knocking at his door and since he was not feeling well, he asked his wife to see who it was.He said seven policemen came in and introduced a certain youngman to him and asked if he could identify the man but he replied in the negative. They also told him that he had engaged in electoral malpractice.The policemen, he said,searched his room and asked him to produce his registration slips which he did and brought out six slips belonging to his family.He said the policemen arrested him and on the way to the police headquarters he was told that they had received orders to conduct further searches in his house so they went back.However in their separate statements to the police, Musah and Garibah linked Nii Vanderpuje to the recruitment of people to register for him.According to Musah, Nii Vanderpuje told him to organise some people to take photographs to register for him so he contacted Garibah, who brought some people and he sent them to the house of Nii Vanderpuje.He said when they got to the house of Nii Vanderpuje, he (Musah) introduced the people to him and he also did same and asked Banza Bakoe to take the men to the registration centre at Korle Wuokon.On their return, Musah said, Seidu Zakari decided not to give out his identity card but he was prevailed upon to give it out, which he obliged and requested for the jersey.He said Nii Vanderpuje gave the men ¢100, 000 and promised that he would visit them every month until the election day.Garibah corroborated the evidence of Musah and said it was Musah who asked him to accompany him to some place and on the way other people joined them and they all went to the house of Nii Vanderpuje.He said on arrival, Musah went to knock at a door and Nii Vanderpuje came out, followed by a woman he believed was the wife, and brought out, the slips which they sent to the registration centre to take their photographs.Testifying under cross-examination by Nii Okaidja Adamafio, counsel for Nii Vanderpuje, Mr Biney, said initially when the case was referred to him, the accused persons, together with four others, were investigated and arrested on July 24, 2004.He denied that he did not conduct a thorough investigation into the case.

COUP PLOTTER?

COUP PLOTTER?

Coup Plot:Ex-Soldier Remanded(11/9/2004)
Story:Stephen Sah

Nicholas Owuobah, an ex-serviceman of the 64 Battalion, a unit in the Ghana Army,has been named as one of the persons arrested by security agencies in connection with an alleged threat to subvert the democratic government and perpetuate certain terrorist acts.He made an appearance at an Accra circuit court yesterday and was remanded to re-appear on November 15, 2004.Owuobah, who is also a businessman, was charged for possessing firearms without authority and engaging in unauthorised buying of military accoutrements.The court did not take his plea and was remanded to allow the security agencies to finish their investigations.According to the prosecution, on November 5, 2004, the security agencies received intelligence information that a group of people were planning to disturb the peace and democratic process of the nation.Following some leads, a combined team from the Bureau of National Investigations (BNI) and Criminal Investigations Department (CID) mounted an exercise to round up members of the group.During the exercise, seven persons, including the accused, were arrested and when his premises were searched, military accoutrements were found.The items included one Makrov Pistol and one nine millimetre firearm which were found in the accused person’s bedroom and a wooden box respectively.The rest were one military helmet,one set of military body pack, two military caps, two raincoats, one water bottle and three waist belts.

JUDGES

JUDGES

Embark On Reforms,Magistrates, Judges Told(8/2/2005)

This year’s Commonwealth Magistrates and Judges Association(CMJA)Council Meeting opened in Accra yesterday with a call on member states to embark on reforms to increase accountability,transparency,competition and choice by providing alternatives such as alternative dispute resolution (ADR) and specialised courts.They should also ensure that their justice systems and processes have integrity,are transparent,honest, corruption-free and efficient.The Chief Justice,Mr Justice G.K. Acquah,who opened the meeting,said reforms should also streamline procedures by allowing the bulk of litigation,especially those involving simple cases,to be resolved swiftly and inexpensively in one or two hearings,while those reforms that increased resources should address incentives for judicial actors.“For it has been shown that implementing judicial databases that make cases easy to track and hard to manipulate or‘lose’,whether by accident or on purpose, helps to guard against sloppy procedures and corrupt officials,” he stated.The five-day meeting is on the theme, “Judicial reform within the Commonwealth -Impact,driving force and the future”,and is being organised by the Association of Magistrates and Judges of Ghana (AMJG) and CMJA,in collaboration with the Judicial Service of Ghana.Among the participating countries are Tanzania, Nigeria, South Africa, Cyprus, Canada,Malaysia,Cayman Islands, Trinidad,Northern Ireland, Lesotho,Scotland, Zambia, Bermuda,Sierra Leone,Cameroun,Belize, Barbados, Uganda, Kenya,Malawi and The Gambia.Mr Justice Acquah said an effective justice system was critical for the economic and social benefit of countries within the Commonwealth,since political maturity and social progress were inextricably linked to a strong judicial system.To ensure effective judicial reforms,he advocated judicial education that could inspire attitudinal change and play a more effective role in the development of judicial independence and further address fields not traditionally covered by university curricula but of growing significance for judicial action currently.The Chief Justice said it was not enough to change the “law in the books” in order to achieve real change.“We must be sure that the law has been correctly applied and the reform’s design coherently pursued,” he said.He said there was no doubt that the two main topics for discussion at the conference- delay in the administration of justice and judicial education- were quite critical to the effective reform of the respective judiciaries of participants.Explaining the need for judicial reform,Mr Justice Acquah said currently,the judiciary’s role in a democracy was seen as defending the rights of citizens against political majorities and protecting citizens from potential abuse by representative institutions and the majorities that controlled them.He noted that judicial power in a constitutional democracy played a vital role in checking political power, protecting and enforcing the fundamental human rights and freedoms of the citizens and holding even the scales of justice between the citizens and the state.He said to ensure a broader and effective protection of those rights and freedoms,most constitutions empowered the courts to go even beyond those principles expressly provided in the constitution and enforced other rights not specifically spelt out in the constitution.Mr Justice Acquah said those constitutional provisions apart, the world’s response to the September 11 and July 7 terrorist activities in the US and Britain,respectively, imposed on the judiciary extra responsibility to achieve a new equilibrium between the dictates of security and the individual’s civic rights and liberties.He treated the participants to Ghana’s chequered political history, characterised by military regimes, and indicated that it was not until the end of the 20th century that, in response to calls for judicial reforms to accelerate economic growth, the government set up the first sector reform project to promote reforms in the legal and judicial sectors.The first positive result of that project, he noted, was the establishment,on experimental basis,of the Fast Track High Court in 2000.He said the reform and modernisation of the Judicial Service had since then become a major priority,leading to the creation of the Reform and Project Management and Implementation Division in the administrative set up of the Judicial Service. The Attorney General and Minister of Justice, Mr J. Ayikoi Otoo,gave the participants some food for thought and asked them to be interested in judicial reforms in such areas as technology and automation of the courts to minimise the long delays associated with the judges taking notes by hand and the training of people to augment the work of police prosecutors.He said they should also be interested in the course contents of the law schools and inadequate funding to facilitate judicial independence,since the lack of resources affected the judiciary’s independence.The President of the CMJA, the Rt Hon Lord David Hope of Craighead,Scotland,spoke on three things, namely,the Commonwealth, the association and what the conference was about.He said the ties that bound the differenr groups of people in the Commonwealth together were its respect for the rule of law and independence of the judiciary,among others, which needed to be understood and practised.Rt Hon Lord Hope said the judiciary was responsible for ensuring that the principles of separation of powers and the rule of law did not become a lip service but were practised to the letter.He commended the Chief Justice for the various reforms in the judiciary and the planning committee of AMJG for hosting the conference in Ghana.Earlier in his welcoming address, Mr Justice Yaw Appau, the President of the AMJG, briefed the participants about Ghana,its terrain,people and climate and said although the participants were in Ghana specifically for the conference,they should take time off to visit places of historical importance and also savour the Ghanaian hospitality.
Story by Stephen Sah

SELORMEY ET AL

SELORMAY ET AL
Selormey, Abodakpi To Open Defence
Story:Stephen Sah

The Accra Fast Track Court trying Victor Selormey and Dan Abodakpi,two former Ministers of State for causing financial loss the state to yesterday asked them to open their defence because a prima facie case had been established against them.According to the court, the prosecution had “adduced probative and prudent evidence to make the two open their defence.”It consequently dismissed the submissions of no case made on behalf of the accused persons by their counsel and adjourned the case to November 1, 2004.Dan Abodakpi, a former Minister of Trade and Industry and Victor Selormey, a former Deputy Minister of Finance, have been charged with seven counts of conspiracy to commit crime, defrauding by false pretence and wilfully causing financial loss of $400,000 (¢2.73 billion) to the state.They have denied the charges and the court has granted them self-recognisance bail in the sum of ¢3 billion each.The money was said to have been paid into the local account of Dr Fred Owusu Boadu of Leebda Company, a consultancy firm based in the USA, for feasibility study towards the establishment of a Science and Technology Valley Park Project.But the contract, according to the prosecution, was fraught with irregularities.After the close of the prosecution’s case, counsel for the accused persons made submissions of no case and argued that their clients should be acquitted and discharged because they performed their duties as civil servants.

NDC CANDIDATE

NDC CANDIDATE
Friday, March 10, 2006

‘I Didn’t Recruit Anybody’
Story: Stephen Sah


Nii Lantey Vanderpuje, the aspiring National Democratic Congress (NDC) parliamentary candidate for the Odododiodoo Constituency, has denied ever recruiting anybody to register for him or engage in double registration.He said that apart from Musa Fuseini, the second accused person, he did not know either Gariba Mohammed, the third accused person, or any of the young men he was alleged to have recruited.Nii Lantey was opening his defence in the electoral malpractice case involving him, Musa and Gariba in which he has been charged with six counts of electoral offence relating to registration of voters and two counts of abetment of crime.Musah and Garibah are charged with one count each of registering as a voter at more than one registration centre. Each of them has been granted bail in the sum of ¢30 million with one surety.Led in evidence by Nii Okaija Adamafio, his counsel, Nii Lantey further denied meeting with some people to arrange for them to register and vote for him during the December elections.He, however, indicated that Musah brought some young men to his house on June 24, 2004 when he was about to leave home to tell him that the men wanted to have a discussion with him.“I told Musah I was in such a hurry so I referred him to Banza Bakoe and left. And apart from Musah I had not seen any of them before,” he said.Giving the background to the story, Nii Lantey said on that day, he sent his kids to school at Kanda and got back home at about 8.15 am, had his breakfast and then had a meeting with his aides, of whom Bakoe was the leader, on the day’s programme.According to him, he left home after the meeting to go round registration centres in his constituency to see how the photo-taking exercise was being conducted and left for the Ghana Broadcasting Corporation, where he worked.He said after close of work, he went to the school to pick his kids and went home, before proceeding to attend a political meeting later in the evening where he saw Bakoe, who told him that the young men who had come to him (Nii Lantey) in the morning said they wanted to be his foot soldiers during the campaign.Nii Lantey said nothing happened until July 24, when he was invited to the Accra Regional Police Headquarters in connection with the case which according to the police, was reported by Nii-Bi Ayi Bontey, the Member of Parliament for the constituency.He said about 10 plain-clothes and uniformed police personnel with weapons stormed his residence at dawn to ask him to bring out some identity cards, to which he responded that he was unaware of any identity cards.He said the policemen asked for his own voter identity card and his mother went into the room to bring an album containing the family identity cards.After that, he said the policemen demanded to search the house, which he obliged but they never found anything so they requested to take him to the Police Headquarters.Nii Lantey said while on the way to the Police.Headquarters, the policemen received further instructions to go back to his house to conduct a thorough search but still nothing was found, although they took away four passports that belonged to some boxers that he managed and his brother in-law.He said he was taken away and later sent to La Police Station where he was granted bail in the evening.He categorically denied ever meeting with the young men who came to his house, stressing that he did not give anyone of them his jersey to wear in order to outwit registration officials.The jersey, according to him, got missing and he presumed it might have been stolen.Nii Lantey also denied giving out voter slips to Bakoe to be given to the young men saying, “ If Banza Bakoe did that, then he did it on his own

PROSECUTION FAILS

PROSECUTION FAILS
Prosecution Fails To Call Vital Witnesses(6/4/2004)
Story:Stephen Sah

Counsel for Dr Robert Doodoo, the immediate past Head of the Civil Service, who is standing trial at an Accra Fast Track High Court, for wilfully causing financial loss to the state, yesterday told the court that the prosecution failed to call material witnesses in the case.Consequently, he said, his client had no case against him for which he should be called to open his defence. Mr Nelson Cofie, the lead counsel, was concluding his submission of no case which he began on May 26, 2004.Dr Doodoo is alleged to have authorised to be paid ¢70.8 million , for the installation of an elevator for an office annex of the Civil Service between 1993 and 1995. The contractor, on receipt of the money, failed to undertake the job and an audit inspection revealed that the elevator had neither been supplied nor installed.He has pleaded not guilty to the charge of causing financial loss and the court, presided over by Mrs Avril Anin-Yeboah, had granted him bail.Counsel said the prosecution’s failure to call representatives of the Architectural and Engineering Services Limited (AESL) and the Ghana Supply Commission (GSC), to testify in the case, was fatal to its case.According to him, that would have proved the case beyond reasonable doubts since those institutions were responsible for putting the contract to tender.“If the institutions had been called they would have disclosed to the court about the existence of the contract”, counsel argued, saying that if the contract had been produced the prosecution would not have started the case at all.He said the evidence of the prosecution witnesses was not credible because they knocked their heads against each other and some accused each other of not telling the truth. Counsel said there could not have been any financial loss which was caused by the accused because at the time that he signed for the release of funds, he did not have evil motives in mind.The case has been adjourned to June 8 for the prosecution to react to the submissions.

ANTRAK AIR

ANTRAK AIR
Antrak Air Marks First Anniversary(10/18/2004)
Story:Stephen Sah


Antrak Air, a domestic private airline, has marked its first anniversary in Accra with a reception for a cross section of the Ghanaian business community.Speaking at the reception, the Chairman of the airline, Alhaji Asoma Banda, called for a level playing field for Ghanaian entrepreneurs.He said until that was done, Ghanaian entrepreneurs and the country at large would be at the mercy of the international donor community.Alhaji Banda announced that although things had been difficult, the airline, within 12 months of its operation, had acquired an aircraft of its own and would be extending its operations to the West Africa sub-region because the airline had been issued with an Air Operation Certificate.He commended the Ghana Civil Aviation Authority (GCAA) and staff of the airline for their tremendous support and commitment to duty. The Director General of the GCAA, Captain Joe Boachie, also commended the airline and said the celebration of its first anniversary coincided with the election of the GCAA to serve as a representative of the West African sub-region on the International Civil Aviation Organisation.He said the capacity of the founder, directors, management and staff of Antrak Air to adhere to procedures, standards and recommended practices had been the overriding contribution to the success of the airline.Captain Boachie said while preparations were being made for the airline to commence regional operations, it should continue to build upon its successes in the volatile air transport industry to ensure reasonable returns on the investments made by its promoters.

WAEC

WAEC
Three Fined ¢9.5m For Exam Leakage
Story: Stephen Sah

An Accra Circuit Court has sentenced three persons who leaked some of the papers of this year’s Senior Secondary School Certificate Examination (SSSCE) to a total fine of ¢9.5 million or in default five years imprisonment.All the three convicts, Seth Kwame Quayson, 23, teacher, Anthony Kabenlah Cudjoe, 20, and Isaac Abeiku Quayson, 19, both students, pleaded guilty to charges of unlawful entry, causing unlawful damage, stealing, leakage of examination papers, dishonestly receiving, illegal possession, and knowledge or use of examination paper.The teacher was fined ¢6.5 million or in default four years imprisonment while the students were each fined ¢1.5 million or in default six months imprisonment.The court took into consideration the fact that they were all first offenders and students or had just finished school while the teacher had also lost his job.The facts of the case were that the teacher was stationed at Tikobo No. 2 in the Western Region while Cudjoe and Abeiku were also final year students at Half Assini Senior Secondary School and Adisadel College, Cape Coast respectively.On July 3, 2004, exams papers meant for Axim District were kept in a WAEC Depot at Fort Anthony, Axim, where the father of the teacher was the care taker.Although the keys to the depot were kept by two officials of the Ghana Education Service (GES) for security reasons between July 19 and July 27, supervisors of Nsein Senior Secondary School detected that on a number of occasions, when their parcels of questions were checked, either one or two question papers were missing.The question papers which were detected missing included Elective Mathematics, Literature in English, Business Mathematics and Principles of Costing 2, French 2, Physics 1, Geography 2, Economics 1 and 2, Agric Science 1, Integrated Science 2, History 2, Chemistry 2 and Social Studies.Following that, a report was made to the WAEC Head Office in Accra after which an investigation team set up to investigate the cause detected that the papers had already leaked in some schools in Agona Swedru, Cape Coast, Sekondi/Takoradi, Half Assini, Kumasi and Accra among others across the country.When some students were initially arrested, they all mentioned their source as from the Western Region . As a result, the two depot keepers were arrested and detained for investigation.Cudjoe who had been constantly mentioned by most students earlier arrested was also arrested but he denied any knowledge. Abeiku was also arrested when he went to Kumasi in a hired taxi to sell the Chemistry paper.The teacher was later arrested and he admitted breaking into the WAEC Depot through the ceiling to steal only copies of Elective Maths, Business Maths and Principles of Costing, Physics and Chemistry, which he sold to Cudjoe at ¢1 million.Cudjoe later corroborated the assertion by Quayson and explained that he gave the questions to his colleague students to enable them to pass the exams because he was an Agric student and did not offer any of the subjects.After investigations, the two GES officials were exonerated and discharged by the court.

Soussouddis

Soussouddis
Court Acquits Soussoudis


The Accra Fast Track High Court yesterday acquitted and discharged Michael Soussoudis, a businessman of two counts of possessing explosives, firearms and ammunition without lawful authority.Soussoudis’s acquittal followed the court’s upholding of the submission of ‘no case’ filed on his behalf by his counsel after the close of the prosecution’s case.The court, presided over by Mr Justice G.A.Ayeetey, held that the prosecution failed to prove a prima facie case against the accused.Rather, it said, the prosecution proved the innocence of the accused and, therefore, he could not be called upon to open his defence.After the ruling by the court in the morning, the case had to be adjourned to 1 pm for the seven-member jury to enter a verdict on the accused.That was because two of the jurors were not present at the time.When sitting resumed, the judge told the jurors that he had given his ruling and sought their opinion to enter a verdict of not guilty for the accused.At 1.15 pm, the judge, after the declaration by the jurors that the accused was not guilty proclaimed that “the submission of no case has been upheld and the court, therefore, acquits and discharges you”.Soussoudis was accused of possessing explosives, firearms and ammunition without lawful authority. He denied the charges and was admitted to bail.The prosecution had earlier told the court that a team of police officers, acting upon a tip-off, searched Soussoudis's residence in April 2001 for firearms.A quantity of arms and explosives were found in the boys' quarters (outhouse) and also in the main house.But after the close of its case, Soussoudis’s counsel submitted a written submission of no case to the court, which was considered to have been read.Its details were not made available to the press since any publication would have prejudiced the jurors.However, its thrust was that the accused should be discharged because the prosecution could not link him to the charges preferred against him.According to the court, evidence adduced before it by the prosecution witnesses showed ample excuse that Soussoudis could carry the weapons which he had in his possession at the time of seizure.It said the accused had a permit which had not expired that authorised him to carry weapons to carry out his duties but the law did not require him to specify his duties.The court further held that it was not the case of the prosecution that the accused had altered documents on the weapons and that even if he had been found to have forged the documents, the court could not have called him to open his defence, since he was not charged for that.Story By Stephen Sah
Source:Graphic

Ataa Ayi

Ataa Ayi
Ataa Ayi Goes To Appeal Court(6/10/2005)
Story: Stephen Sah


Aryee Aryetey, alias Ataa Ayi, who is standing trial at the Accra Fast Track High Court for his alleged involvement in various robberies, has gone to the Court of Appeal to challenge the trial court’s decision not to strike out certain names ascribed to him by the prosecution.He has also filed an application for an order of stay of proceedings at the Fast Track High Court pending the determination of his appeal.Mr Joseph Akyeampong, counsel for the appellant in the case in which the accuse is standing trial with eight others for robbing a woman of $65,000, ¢45 million and other valuables at Taifa in Accra in 2003, filed both suits yesterday on behalf of his client. The cases will be heard on June 21, 2005.Three of the suspects are already standing trial with the appellant in connection with a robbery at Dzorwulu in which they allegedly robbed a man of ¢70 million.They are Kwabla Agbodogah, alias Rojay, Samuel Kweku Annan, alias Sammy Tugah, and Raymond Ameh, while the five others are Nana Yaw Owusu, alias Tonny, Yaw Asante Agyakum, alias Akpor, Stephen Nyarko, Frederick Lamptey Annan, alias Numue, and Nana Osei Razak.All the nine suspects have pleaded not guilty to two counts of conspiracy and robbery and are on remand.On June 6, 2005, Mr Akyeampong raised a preliminary objection to the prosecution calling the appellant by the aliases, which included “One Touch”, and prayed the court to strike them out because the appellant had never been known by those names. But the court overruled the objection and said the police, after their investigations into the matter, used those names to refer to the appellant who had responded to them anytime he had been called by them.In the notice of appeal, the appellant stated that he was dissatisfied with the Fast Track High Court ruling because the judge failed to give consideration to the fact that those names which had been stated in the charge sheet had never been borne by him, either in the present or the past.According to the appellant, the judge failed or refused to take account of the fact that in a criminal trial, the onus was on the prosecution to describe properly and identify an accused by stating whatever names it decided to use to describe him.In his application for stay of proceedings, the applicant averred that he could not be made by the prosecution and the Fast Track High Court to assume a name or names which he did not bear and hoped that the Court of Appeal would stay proceedings in the matter until the determination of his appeal.He said the outright refusal of his application without any compelling reason to do so was highly prejudicial to him and an infringement of his fundamental human right to be heard and the right to a name of choice.

Democrat newspaper

Democrat newspaper
Friday, March 10, 2006
Story: Stephen Sah

Democrat Fined ¢400m
THE Accra Fast Track High Court yesterday slammed ¢400 million damages and ¢10 million costs against the National Democrat in a defamation suit filed against the newspaper by the Defence Minister, Dr Kwame Addo-Kufuor.In its judgement, the court held that the National Democrat newspaper was published by faceless publishers because D.D.D. Publications, its publisher, only existed in name and had no registered offices anywhere in the country, contrary to the law.Story by Stephen Sah“The records before the court indicate that the National Democrat newspaper is printed in a mobile fashion from one private house to another to avoid any detection of its real source of publication,” the court said in its judgement of the suit filed by Dr Addo-Kufuor against the publisher of the newspaper and Ebenezer Josiah, a former editor, for defamation.An order for a perpetual injunction to restrain the defendants and their agents from printing and publishing any further libellous material against the plaintiff was, however, dismissed because, according to the court, it should not assume a responsibility in what journalists or the press was supposed to publish.“Our duty arises only after the publication has been made and we are called upon to determine whether it is defamatory or not. Our duty does not extend to any unknown future publication,” the court said.Dr Addo-Kufuor sued the defendants for a story written about him in the October 4-6, 2004, edition of the National Democrat. The picture of the plaintiff was also printed and placed beside the story with the following question posed under it: “Hon. Addo-Kufuor - Will he tell the truth?” and which, according to the plaintiff, portrayed him as a murderer who was involved in the serial killing of women between 1999 and 2000, a crime for which Charles Quansah was arrested, tried and convicted as one of the perpetrators.The plaintiff issued a statement vehemently denying the allegations contained in the story but the defendants refused to withdraw the story and failed to apologise to him.Instead, the newspaper continued to publish more articles, with accompanying pictures, against the plaintiff.The court held that Josiah, on November 11, 2004, purported to enter a conditional appearance for himself and on behalf of the publishers but it was deemed to have entered for himself.Following that, the court applied to have the publisher served by substituted service but all attempts to trace the publisher proved futile.Josiah told the court that he had no defence to the action since he could not prove nor justify the allegations contained in the story.Consequently, the plaintiff filed an application for interlocutory judgement against the defendants in default of defence of appearance, and on the day of judgement, Josiah sought leave of the court to adjourn to enable him to consult a lawyer to assist him to file a defence.That, he said, was because his employers had a lawyer but since he came out on his own to retract the story and apologise to Dr Addo-Kufuor, he believed the lawyers would not be interested in defending him in the case.On the basis of Josiah’s confession and admission that he could not defend the action because the publication had no basis and was unjustified, the court, on January 19, 2005, entered judgement against the defendants in plaintiff’s favour for libel and adjourned the case for the assessment of damages.The court said from what Josiah told it, at the time they published the story accusing the plaintiff of being involved in the serial killing of women, they knew very well that they were neither publishing the truth nor informing the public about the truth of the murders.Rather, it held that they were peddling calculated lies and falsehood in their newspaper, with the sole aim of destroying or damaging the enviable reputation of the plaintiff.“Is it proper and legal for a faceless person or group of persons to hide behind a non-existent statutory body like D.D.D. Publications to produce a newspaper in which a malicious campaign of vilification and untruth calculated only to destroy is relentlessly carried out, distributed and magnified through the Internet and FM radio stations to the world?,” the court asked.The court held that while no person or group of persons was to be restrained from operating a mass media and publishing what he /it thought was right or in the interest of the general public, that freedom was subject to limitations, which included the rights and freedoms of others.It said despite the fact that the plaintiff was accused of homicide, not even of one person but several women, which was a very serious offence punishable by death if found guilty, the defendants did not do anything to show that they had regretted their action.“They rather made matters worse when they continued to publish more defamatory material against the plaintiff in several subsequent editions of their newspaper, which, the plaintiff tendered in evidence during the trial,” the court stated.According to the court, those subsequent publications and the fact that the defendants knew the allegations of murder levelled against the plaintiff were baseless and without any foundation exposed the actual malice that the defendants harboured against him at the time of the publications.The court said damages awarded in defamatory actions were intended to compensate or enrich the defamed or the plaintiffs concerned for the injury to their reputation and to cool the hurt feelings and also to make defendants feel the pinch of their wrongful conduct.“While I regard myself as a champion and advocate of free speech and freedom of the press and, therefore, would always protect the press or the mass media in general against oppression of any kind, I seriously abhor irresponsible journalism, which has been the catalyst of most civil wars that we experience on our continent these days,” said Mr Justice Yaw Appau, who presided.

Do journalists need protection and are they special people?

Are journalists special?
SEMINAR PAPER DELIVERED BY MR STEPHEN SAH, DAILY GRAPHIC, ACCRA, GHANA AT THE WOLFSON COLLEGE PRESS SEMINAR UNIVERSITY OF CAMBRIDGE (27 FEBRUARY 2006)

Permit me to begin my paper with this quotation (the thrust of my argument) from the Accra Herald of Monday October 5, 1857.

Charles Bannerman then writing in the Gold Coast said "In civilized communities, the press deservedly occupies a high position. The mass of mankind (lack) either the leisure or the capacity to form a sound opinion on most questions of the day - an opinion founded on calm reflection and thorough examination of the subject. Men's opinions therefore, where there is no press, are often mere whims and fancies, formed on very trifling knowledge of the matter. Their information is often incorrect. It is good therefore for the public that there should be a set of men who devote their time and ability to collecting and distributing general information. And it is good that these men should make it their duty to examine questions of importance, and submit their opinions, when matured, to the public. As long as these men do their duty fairly and with judgment, they ought to be supported by the public."

The above quotation points to the fact that the issue as to whether journalists should have special dispensation by the nature of their work has remained crucial for quite sometime especially when the media is considered as the fourth estate of the realm.There are those who believe that journalists are non entities and they should be placed at where they belong- they do not play any meaningful role in the development of the society. After all journalists are trouble rousers and should be blamed for the confusion within the world polity, they argue. After all, they invade the privacy of individuals. They report lots of government secrets and engage in other irresponsible practices just to sell more newspapers, or to get higher viewer ratings.There is yet another group who think that journalists already enjoy much freedom and the question should be put to rest. And this is supported by the results of a 2002 survey conducted by the American Freedom Forum's First Amendment Center in which 42 per cent of those polled thought that the press has "too much" freedom.Those who think this way further believe that journalism can be practiced by anybody who can put pen to paper and there isn't the need to train people as journalists and much more give them special privileges just for them to engender chaos in the society.This argument was bolstered recently here at Wolfson during a lunch conversation. Since we are press fellows the issue of journalism came up and one gentleman did not hesitate to remark that "Journalism is all about ethics and nothing else".I however hold a different view and am of the opinion that journalists should be specially trained and given the necessary support in the form of laws to allow for press freedom, protection of sources and immunity during war because of their role in society. Anything but this will absolutely throw journalism to the gutter. In spite of the fact that the Internet has become a medium that crosses borders instantaneously, enabling information and ideas to be disseminated in the twinkling of an eye determining whose standards and laws should apply to the speech and the speakers who use it to communicate will be one of the major challenges of the 21st century.This notwithstanding there need not be a long screed here on how journalism benefits our society. That has been well-documented. The press, for instance, helped build the American society and facilitated the independence struggle in my country Ghana. Journalists strongly fight for the vulnerable in society, freed innocent and wrongly-accused people from bad governments and laws. They have helped to unseat many corrupt governments and have told stories of war which would otherwise not have been told. A world without the journalist would be in total darkness. May I then say that journalists are the light of the world? How many of us gathered here this evening could imagine life without knowing what's happening in other parts of the world? When people are at their leisure best is it not the journalist who sweats and dreads to light the flame of the world by highlighting in eerie situations and circumstances?Should journalists not be protected during times of war, in searching for the truth and for that matter about information? Why should there be restrictions in their way?Journalists don't have to take a test or pass a series of board interviews to practice their profession. There isn't any journalist's license, nor should there be.Journalism, while a practice in objectivity, is a subjective art, there can be no test to measure such art. And, frankly, just like there are bad journalists, there are bad doctors and bad lawyers. However the bad doctors and lawyers are afforded the same shield as the good ones. Hence, journalists should enjoy the same protection as doctors, lawyers, and the like.If people who know the news cannot feel free to reveal the news, then there will be no news. Those people who know the news should feel comfortable trusting a journalist to not later reveal their identity. If not, who knows what would go on behind closed government doors?For example why should a man who has classified government information, which if not released would lead to the death of thousands of people lose his job if found to have released that information?If journalists cannot promise source anonymity, the sources will dry up and if the sources dry up, journalists will be relegated to reading well-edited and censored press releases. In situations where there is no protection for journalists the society will not be far from Hobbes' postulations of war for all against all.Asking protection for journalists should not provide us with the license to kill. No. As those who mirror our society journalists should be shown the way and to quote a proverb from Ghana "He who is charting the path does not know whether it is warped or not". And journalists like path charters will not know whether the path is warped or not so obviously there should be someone behind to point out the right path. This is where the issue of ethics becomes relevant.Lazy journalists who don't feel like working to actually confirm a story will talk to one person and say "According to unnamed sources" while eager journalists will let government officials use them to trash political opponents under the guise of "government sources tell us..." Some so-called journalists just make up stuff and attribute it to "sources."It's all about responsibility on all sides. It's up to journalists to use a measure of good sense about what they report and what they do not. It's up to journalists' superiors to make sure their employees are acting in a responsible manner.

supreme court

supreme court
Supreme Court Was Properly Constituted(7/28/2005)
Story : Stephen Sah


The Attorney General(AG)and the Chief Justice(CJ)have stated that the Supreme Court was properly constituted when it heard the appeal filed by Tsatsu Tsikata, the former Chief Executive of the Ghana National Petroleum Corporation (GNPC),in respect of his trial at the Fast Track High Court. They said by virtue of Article 157(3)of the 1992 Constitution, Mr Justice S.A.Brobbey,who was on secondment to The Gambia did not withdraw from the panel and did not become ‘functus officio’ until he delivered his opinion for inclusion in the judgement.“The court was duly constituted when it heard the appeal and there is no constitutional requirement that all the judges must sit in open court to deliver their opinions,” they said.These were contained in a statement of defence filed by the Attorney General in the suit filed against him and the Chief Justice by Tsikata at the Accra High Court seeking a declaration that the Supreme Court’s 4-1 decision of November 8, 2004 on his submission of ‘no case’ was null and void. The defendants said it was a long-standing practice of the court,particularly in view of Article 157(3) of the Constitution,to announce the judgement or decision of the court,even if all the judges who participated in the hearing were not present,provided they had made known their opinion.Tsikata is also seeking an injunction to restrain the defendants,their agents,servants and assigns from taking any step based on that purported judgement.According to the statement,the judgement of the Supreme Court on the matter was not a purported order but its valid and subsisting judgement.“The defendants say that Mr Justice Brobbey expressed his opinion on the matter before the court and it was on account of this that the decision of the court, as pronounced by the presiding justice,came to a majority 4-1, meaning the appeal failed and was dismissed,” the statement said.They stated that under Article 130(1)of the Constitution, the Supreme Court had exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the Constitution.Consequently,the court should stay proceedings and refer the question on whether or not the Supreme Court was duly constituted when it heard Tsikata’s appeal to the Supreme Court for determination under Article 130 (2) of the Constitution.According to the defendants,Tsikata was not entitled to any relief as was being claimed by him.Tsikata argued,among others,that the court’s judgement was null and void because at the time that it was delivered,the Supreme Court was not properly constituted. Tsikata’s contention was that in that appeal,the Chief Justice empanelled five justices of the Supreme Court, including Mr Justice Brobbey, then on secondment to The Gambia as Chief Justice, to determine the case.“With the departure of Justice Brobbey to assume duty as Chief Justice of The Gambia, to the knowledge of the first defendant, it was incumbent on him, by virtue of Article 125(4)of the 1992 Constitution, to ensure a panel of five Justices of the Supreme Court for the hearing and determination of the appeal,” he said in his statement of claim.

grandparent

grandparent
Grandpa In Court For kidnapping
By Stephen Sah


Grandparrent’s love for their grandchildren is very great, especially when crises rock the marriages of their parents.But such love which made a grandfather to forcibly take custody of his grandchildren from their father’s relatives has landed Stephen Aboagye Boateng in trouble.He was arraigned at the Accra Circuit Court last Tuesday on charges of abetment to assault and kidnapping.He pleaded not guilty. Boateng,a driver,was granted bail in the sum of ¢50 million with a surety and asked to re-appear on August 26.Prosecuting,Deputy Superintendent of Police (DSP),Kofi Abraham, said Emmanuel Oteng Appiah and Alexander Nti,the complainants,were brothers and lived at Golf City,Michel Camp,near Tema.The accused person,he said,lived at Site 21,Community One, also in Tema and the father of Justice Aboagye Boateng, alias Dada,who lives in Accra.According to DSP Abraham,the complainants’brother,Joseph Appiah Commey was married to Doris Aboagye,the daughter of the accused,with whom they had a child called Kingsley Twumasi Appiah Commey,aged nine.He said the couple later left the country to live in New York and left the child in the custody of the complainants.In New York,he said,the couple had two other children, Emelia Appiah Commey,six,and Emmanuel Appiah Commey,two, who were brought to Ghana by their father to stay with the complainants.The prosecutor said on or before July 19,this year,the accused person received a letter from his daughter in New York instructing him to go for her children from the complainants.Consequently,DSP Abraham said,the accused instructed his son,Dada,and Kwaku and four others to go for the children by any means.He said the six persons went to the residence of the complainants and decided to take the children by force but the complainants refused resulting in their being beaten up before the children were taken away.When the accused was arrested on July 21,this year,and was granted a self-enquiry bail to report the following day with the children and those he sent to go for the children,he told the police that they had gone to Mpraeso and would be back on Sunday,July 24,2005.On July 25,the accused reported to the police that the men had not returned to Accra and that he did not know Dada’s residence in Accra to enable him to bring the children over

chief

chief
Mamponghene Loses Defamation Suit
Story:Stephen Sah

The Mamponghene, Dasebre Nana Osei Bonsu II, has lost the defamation suit he filed at the Accra Fast Track Court against Mr Ben Ephson, Editor of the Daily Dispatch, Mr Akwasi Mensah, a reporter of the newspaper and Allied News Limited, the publishers.The court awarded costs of ¢5 million to the defendants.The plaintiff was claiming ¢500 million in general and special damages for a publication in the April 9, 2003, edition of the newspaper that he received $30,000 (¢264 million) as consideration for nominating one Mrs Rosina Mensah as queen of Asante Mampong.He also sought an order of injunction to restrain the defendants, their agents, representatives, workmen and those connected with the operation and workings of the defendants from continuing their malicious publication calculated to tarnish his reputation.But the court found the publication to be true and a fair comment, especially when the office of the queen of Mampong was a matter of grave public interest.“Having found that the allegation is true, the defendants’ publication and comments made thereon is a fair comment. I am of the opinion the defendants have, on a whole, been able to establish their defence,” the court held.The story which was under the headline “Mamponghene in ¢264 million fraud” indicated that the “ Asantehene and occupant of the Golden Stool, Otumfuo Osei Tutu II, has a difficult task before him. He has before him an eight-page petition against the occupant of the Silver Stool, the Mamponghene, Nana Osei Bonsu.”According to the story, the petition, alleging injustice and fraud, had a 25-page attachment, including a note signed by the Mamponghene acknowledging receipt of $30,000, as consideration for nominating Mrs Rosina Mensah as queen of Asante Mampong.It said for the doubting Thomasses, the signed note acknowledging the receipt of $30,000 was scanned on the back page of the paper for the perusal of readers.The publication stated that the two petitioners, Obaapanin Afua Amadie and Obaapanin Afua Buor, both elders of the Botase family of the Mampong Traditional Area in their petition, stated that the Mamponghene sought the advice of his confidant, Mr Alex Boakye Osei Bonsu, as to who to nominate as the queen of Mampong.Mrs Mensah, who was working in New York, according to the story, was contacted and she expressed interest in the position and eventually invited the Mamponghene, then on a visit to New York, to the residence and that it was at a dinner in the residence that the $30,000 was collected by the Mamponghene.In a reciprocal agreement, the Mamponghene acknowledged receipt of the money and promised to make Mrs Mensah, also known as Nana Abena Nyantakyi, the next queen of Mampong.However when she came to Ghana with items for her enstoolment, somebody else had been nominated.An elated Ben Ephson described the judgement as a victory for the Ghanaian media saying that while the courts would not allow the media to be reckless, they also protected them once the right thing had been done.Meanwhile, the plaintiff had filed a notice of appeal against the court judgement, arguing that the court erred in dismissing his suit.A group calling itself the Concerned Citizens of Mampong besieged the court premises calling for the dethronement of the chief.Immediately after the judgement, some people poured talcum powder on themselves and cast aspersions on the followers of the chief.The people carried placards, one of which portrayed their chief as a “ liar and a disgrace to the Silver Stool” .The followers of the Mamaponghene nearly beat up a press photographer who attempted to take a photograph of their leader, especially when they heard that the other people wanted to remove the sandals of the chief to signal his destoolment.

lawyer

lawyer
New Lawyer Remanded Over $39,000 Deal(10/5/2004)
Story: Stephen Sah


Barely 72 hours after being enrolled as a lawyer, Kweku Sam-Amoah,was yesterday remanded by an Accra circuit court for allegedly forging documents of his employers to steal $39,000.He was among the 151 new lawyers called to the Bar last Friday.The accused, together with a clearing agent, Quansah, who is at large, were said to have forged delivery orders of Blue Funnel Ghana Limited, and collected the money from importers without entering the payments in the record books of the company.Sam-Amoah, who graduated from the Law School last Friday, has pleaded not guilty to 12 counts of forgery of documents and stealing. He will re-appear on October 8.The facts of the case as narrated by the prosecutor, were that Sam-Amoah was the release manager of Blue Funnel Ghana Limited, a division of Hull Blyth (Gh) Limited, a registered shipping company in Ghana.The company is responsible for the processing of documents for the discharge of cargo from vessels. It then allows importers to ship their cargo and pay the freight charges later, on the arrival of the cargo at their destination.Sam-Amoah was the officer who ensured that the importers paid their freight before the Release Order was issued to enable them to clear their goods.According to the prosecutor, Sam-Amoah allegedly connived with Quansah and contacted some importers whose goods had arrived to pay for the freight directly to him (Sam-Amoah) and sometimes through Quansah for the release of the goods.However, after collecting the freight charges, Sam-Amoah failed to pay them into the accounts of the company.The deal was uncovered during a recent audit at the company which revealed that 13 companies cleared their containers between 2002 and 2003, without paying the freight charges totalling $39,000.Records at the Ghana Ports and Harbours Authority indicated that Sam-Amoah endorsed all the Release Orders which included that of Bismark Agyepong Teyrich Enterprise of Accra, with number 0009847 and issued on May 22, 2003, Nayab Enterprise of Accra, with number 0008521 and issued on February 2,2003.Others were Geoka Enterprise Limited, with number 0004943 and issued on April 4, 2003, Yaa Mansah with number 0005039 and issued on April 9, 2003, Samora Enterprise Limited with number 0000856 and issued on January 1, 2003, and Primento Enterprise ( no number).The rest were Joseph Osei Ahenkorah with number 0000638, Walset Company Limited with number 0001995 and O.K.C.Enterprise with number 0003247.The accused, according to the prosecutor, admitted the offence in his caution statement after his arrest while witnesses invited by the police had all confirmed they paid for the freight

Tsikata

Tsikata
Court Orders Tsikata To Open Defence(6/29/2005)


The protracted battle waged by Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), against being prosecuted under the law of willfully causing financial loss to the state came to an end yesterday when the Supreme Court ordered him to open his defence.The trial will now take place at the Fast Track High Court against which Tsatsu earned a significant legal victory in 2002.He is to answer charges on three counts of causing financial loss of about ¢2.3 billion to the state through a loan he, on behalf of the GNPC, guaranteed for Valley Farms, a private cocoa producing company, and another count of misapplying public property.On February 28, 2002, the Supreme Court ruled in his favour that the Fast Track High Court was unconstitutional and, therefore, could not try him. That decision set the tone for a long legal battle when the Attorney General and Minister of Justice fought and had the decision overturned by the Supreme Court.Yesterday saw the finality of that battle when the Supreme Court, by a majority decision of 6-1 dismissed the application filed by Tsikata for a review of its 4-1 decision of November 8, last year, that he should stand trial at the court and answer charges of willfully causing financial loss to the state.It held that the application for review was not an appeal and that the applicant could not make any exceptional arguments that the court’s decision ought to be reviewed.The Chief Justice, Mr Justice George Kingsley Acquah, who presided, read the majority decision and stated that the scope of the court’s review jurisdiction was not in doubt that a review was neither an appeal nor a reaction to emotions.Other members on the majority side were Ms Justice Sophia Akuffo, Mrs Justice Georgina T. Wood, Professor Justice Modibo Ocran, Mr Justice Julius Ansah and Mr Justice R. T. Aninakwa.Mr Justice William Atugubah maintained his earlier stance of dissension.Earlier, the lead counsel for Tsikata, Professor E. V. O. Dankwa, in arguing the application, tried to raise an objection that there was no case before the court, since the Director of Public Prosecutions (DPP), Mr Osafo Sampong, had reached his retiring age.Counsel was, however, reminded of his pending application, in which he had argued that the court, in its earlier decision, overlooked certain vital issues which were in favour of his client.He said that judgement could not stand as the law of the land because the majority relied on Common Law, which was contrary to statutory provisions, saying that even those provisions relied upon were applied wrongly.Valley Farms contracted the loan from Caise Francaise de Developpement, a French aid agency, in 1991 but defaulted in the payment, compelling the GNPC, which acted as the guarantor, to pay it in 1996.When Tsikata made his maiden appearance at the Fast Track High Court in February 2002 to answer the charges, he refused to enter a plea and openly declared that the court did not have jurisdiction to try him.However, the court, presided over by Mr Justice Julius Ansah, then an Appeal Court judge with additional responsibility as a High Court judge, entered a plea of not guilty on his behalf and granted him a ¢500 million self-recognisance bail.While the case was pending at the court, Tsikata filed a writ at the Supreme Court on February 11, 2002 challenging the constitutionality of the Fast Track High Court and argued, among others, that it was not recognised by the 1992 Constitution.He subsequently filed a motion for an injunction to restrain the Attorney General from proceeding with his trial at the court.The Supreme Court, on February 28, 2002, by a decision of 5-4, declared that the Fast Track High Court was unconstitutional.Following that decision, Tsikata became temporarily a free man until the full bench was constituted, with the government appointing the late Justice Dixon Kwame Afreh to the Supreme Court. The then Chief Justice, Mr Justice E.K.Wiredu, empanelled the full bench of 11 judges to hear the review. Tsikata again challenged that decision, including the appointment of Justice Afreh, but to no avail. On May 28, 2002, the Supreme Court described that application by Tsikata as unmeritorious and dismissed it and awarded ¢5 million costs against him.The long-standing controversy surrounding the constitutionality of the Fast Track High court was resolved when the Supreme Court, on June 26, 2002, overturned its earlier decision that the Fast Track High Court was unconstitutional.That was after the then Attorney General and Minister of Justice, Nana Addo Dankwa Akufo-Addo, had filed an application for a review, in which he prayed the court to set aside its 5-4 decision.In that ruling, the full bench, by a majority decision of 6-5, reinstated the Fast Track High Court and awarded costs of ¢10 million against Tsikata.After the dust had settled, Tsikata went to stand trial at the Fast Track High Court to answer the charges levelled against him. However, on the close of the prosecution’s case, he made a submission of 'no case' and argued that the prosecution failed to link him to the charges and, therefore, he should be set free.The court dismissed his application and stated that the prosecution had proved a case for which he should be called upon to answer.Not satisfied, Tsikata appealed against that decision at the Court of Appeal but he again lost and was asked to stand trial at the Fast Track High Court.He further went to the Supreme Court to appeal against the Court of Appeal decision and it was dismissed by a 4-1 majority decision, for which reason he filed the motion for the review.The Republic, at various stages of the trial, was represented by the former Attorney General and his deputy, Nana Akufo-Addo and Ms Gloria Akuffo, the DPP, a Principal State Attorney, Mrs Gertrude Aikins, and Mr Augustines Obour, an Assistant State Attorney, while Major R.S. Agbenato (Retd) was in Tsikata’s legal team.
Story: Stephen Sah

wolfensohn

wolfensohn
Story: Stephen Sah, London

Former World Bank President, Mr James D. Wolfensohn,has urged countries in the Commonwealth to share theirexperiences in order to bridge the growing poverty gapbetween them. He said without equality stability is unlikely,especially in thedeveloping countries and therefore the onus lies onthese countries to address issues such as universal basic education,health, gender inequality and trade among themselves and with othercountries because of their enormous benefits todevelopment. Mr Wolfensohn, who is now Special Envoy to the Quartetfor the Gaza Disengagement was delivering the 9th AnnualCommonwealth Lecture at the Institute of Education ofthe University of London on Thursday. It was on thetheme "The future of the Commonwealth: A bridgebetween an emerging three speed world. He said since equality and social justice were thefocal point of the Commonwealth, which has a tremendous thrust to drawon these values. These values could be achieved by sharingexperiences, he added. According to him, if that was not done now it wouldbe difficult in the next 10 to 20 years where therewould be a huge change in the dynamics between richand poor countries. The former World Bank Presidentcalled on Commonwealth countries to createbusiness-friendly environment to encourage people toinvest which will ensure competition and more foreigndirect investment. He cited for instance that while it took less than 13days to get a business registered in the European countries, ittook more than 23 days and 48 days to do the same inAsia and developing countries. He said that by 2050 four countries namely Brazil,Russia, China and India would be among the 10 topworld best nations in terms of real Gross DomesticProduct (GDP) and the developing world’s total GDP ofabout 20 per cent was likely to double over the periodif measures were taken to address the issues raised. Currently, he said, the G8 (7) nations whichconstitute 20 percent of the world population have atotal share of 80 per cent GDP while the developingcountries have a share of 20 per cent. Mr Wolfensohn said too many of the Commonwealthcountries, especially in sub-Saharan Africa wouldcontinue to be poor while the rich would also continueto be rich. He said Africa's problem was more related toleadership and it was through accountability, goodplanning and implementation coupled with the tacklingof education, health and other issues that thecontinent would come out of its predicament. The issueof corruption, he noted, had a social and culturalroots and needed to be address from that perspectivevis-à-vis good leadership. Some of the past speakers at the lecture includeUnited Nations Secretary General Kofi Annan (2000),Nigerian President Olusegun Obasanjo (2005).