Friday, January 18, 2008

SETTING A STRONG STYAGE FOR GHANA'S ELECTIONS

Story: Stephen Sah

IT is a truism that this year’s general election is a test case for Ghana to showcase to the rest of the world that it has reached a no turning point in her quest to deepen and entrench her democracy.
The political topography is changing and maturing, and this must be sustained. Ghanaians must demonstrate this by successfully coming out of the December election unscathed. Indeed, Ghana is the island of peace and tranquility.
We need not give room for anything unruly to happen in order to lend credence to that accolade. The time to show that we are politically maturing is now, and this is a task which can only be accomplished only if we exhibit extreme tolerance, camaraderie, fortitude and accept divergent views or ideas to extricate the country from some of the unnecessary post-election crisis being experienced or suffered in other parts of the world, especially on the African continent. As the shining star of Africa, Ghana must indeed lead by example for others to emulate, so that her success story will serve as a laboratory for research into the woes that continue to plague the other turbulent democracies on the African continent.
Preparations are currently underway for the December elections after the major political parties have selected their flag bearers. The stage is now set for what should promise to be refreshing electioneering. Ghana expects nothing, but a clean campaign, devoid of rancour, inflammatory language and insults.
For Ghana to have a completely clean slate, everybody and all institutions in the country should play their roles towards the successful election that we yearn for. The politicians themselves, the media, the Judiciary, the Electoral Commission (EC), the electorate and, in fact, the youth on whose shoulders the future of this country rests. What is happening in other countries should be a reminder to us that nothing should be left to chance. That Ghanaians are a peaceful and loving people, and Ghana is a God-fearing country is a complacent self-congratulation which does not take us anywhere. If we do not take care, we may be taken by events. We should discard the assertion that the turbulence in other countries cannot occur in our country.
At least, we should be inspired by the fine things that are said about us and not think that Ghanaians fear bloodletting. Should we throw our dear and peaceful country into violence, there will be no safe haven anywhere in the sub-region for us. As the island that we are, we will be thrown into the simmering waters that surround us. Our country will be so debilitated to the extent that the women and children who form the majority and the base of our development and progress will suffer.
In the event of any disturbances, we should not forget that the rich and politicians will continue to live in affluence at plush areas and also send their relatives abroad. While that happens, they will continue to fuel the violence for the sake of their interests so that the poor continue kill themselves. So you see why we should not let them take us for granted?
Our political leaders cannot take the masses for a ride this time round and think that they will be supported after throwing the country into a mess. Their political campaigns should not be done on tribal lines inasmuch as we are one people with a common destiny. Any statements that are likely to trigger violence of any sort should be eschewed.
Ghanaians are now wide awake regarding what is good for them. The various flag bearers should be prepared for the great showdown, because the masses will hold them to their words. Therefore, rather than giving vain promises, they should debate or talk about ideas and issues that will win the hearts of the electorate.
We need solutions to the low standards of living, the energy crisis, coupled with the huge electricity bills; we want to see improvement in education, health care delivery and access to the very basic necessities of life.
These are the issues we expect politicians to be preoccupied with. The electorate should do away with tribalism and vote on issues and for people who have national interest at heart. They should demonstrate that they have vision that hold good prospects for the economy.
It is at this time that the media is expected to exhibit high sense of maturity. For this reason, one agrees with the Ghana Journalists Association when it admonished its rank and file to be cautious, because this year is a crucial one. The media should not unnecessarily whip up tension. This is not the time to engage in mischief. Rather, it is the time to engage in balanced, objective, fair and analytical discussions of issues to enable the electorate make informed choices. The electronic media, which has a greater influence on people’s mindset should not allow their airwaves to be used as platforms for unscrupulous people to engage in politics of doom.
Also, we must all bear in mind that the nation comes first and foremost before anything else, and with this commitment, the sky should be our limit. Communities should assess the gains — whatever benefits and improvements have been brought to them. They should refuse to be lured by campaigns of vain promises and money giving.
Managing post-election disputes, especially those related to parliamentary results require the Judiciary to act swiftly. In the event of election disputes as witnessed in some constituencies during previous parliamentary elections, the cases should be handled with dispatch. The courts should not wait for the Legislature’s term to expire before disposing of such cases.
I am saying this against the background that some of such disputes relating to the parliamentary elections which linger on in our courts after the 2004 elections. Cases of such nature require special courts to be created to handle them for the sake of peace and transparency. For of what benefit and significance will it be to the winning party if a case is dealt with after the term of the Legislature has, for instance, elapsed.
The EC should remain independent and not be intimidated by any person or a group persons to do anything untoward. The EC must assess itself in terms of the logistics available to it and do what will serve the best interest of all Ghanaians and not the interest of any individual person or a group of persons. The warning should be sounded that the country belongs to all Ghanaians and not to any individual person, ethnic group, or political party. Perhaps, the National Commission on Civic Education (NCCE) should drum this home to all and sundry and also educate Ghanaians on the need for unity, since anything that will hatch division will eventually do us no good. NCCE should not unnecessarily be petrified into thinking that anything preposterous could happen and, therefore, advocate a change in the election time.

COP DENIES BEING INCAPABLE IN THOMAS OSEI TRIAL

Story: Stephen Sah
General Constable Joseph Frimpong of the Airport Police Station, yesterday denied that he did not give sufficient notice to road users at the Opeibea intersection where President Kufuor’s car was involved in an accident.
He, however confirmed that at the time of the accident the traffic lights at the intersection were working.
The policeman who was testifying under cross-examination by Mr Kwame Boafo Akuffo, counsel for Thomas Osei, the man at the centre of President J.A. Kufuor’s car crash disagreed with the counsel that he was not capable of manning the intersection single-handedly.
He said that as soon as he heard the siren blurring, he raised his hands and stopped all vehicular movement at all directions but Osei ignored him and overtook a taxi cab and run into the President’s vehicle.
Osei now faces seven counts of use of narcotic drugs, dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to a Presidential convoy and failing to effect change of ownership of vehicle, to which he has pleaded not guilty.
Osei was discharged by the court on Thursday, December 20, 2007 after the prosecution had filed a nolle prosequi (unwilling to prosecute) but he was re-arrested when he stepped out of the court.
He was first arraigned before the Motor Court on November 16, 2007 and remanded.
Around 11.30 a.m. on November 14, 2007, Osei, who was driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital, drove into the rear side of the President’s vehicle, in spite of the fact that other motorists had been stopped to allow the President’s convoy to pass.
The driver of the President’s car and the driver of a VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President escaped unhurt.
Investigations showed that Osei was driving under the influence of alcohol.
Constable Frimpong said after traffic had been brought to a halt other vehicles joined the queue of vehicles and that he turned to face the 37 Military Hospital direction of the road.
“It is not true that I did not give sufficient notice to the accused driver because after stopping all the vehicles from moving I turn my back for the Presidential convoy to face the opposite direction”, he said.
The witness agreed with the counsel that after arresting the accused person, he did not seek clearance from his superiors before he handed Osei to the President’s security men.
He further agreed that he had not been questioned about the incident but denied that the accused person demanded after his arrest why he alone had been arrested because there had been a driver before him.
Two other witnesses, namely Isaac Afoani, an employee of the Community Protection Unit and Reverend King Joe Osei Kufuor, the man whose VW Golf car was affected by the accident also testified in the case.
Afoani who said his first time of seeing a Presidential convoy was bemused by it and so he took advantage of being on duty at the Opeibea area to steal a glimpse of the President’s car.
According to him, he was stationed in the area on the day of the incident to drive away hawkers and while at post he heard a siren of the President’s convoy and a policeman in the middle of the road signalling vehicles to stop.
He said that he saw the dispatch riders come to pass and not quite long some vehicles followed but suddenly he saw the car of the accused person pull up at top speed overtaking a taxi cab in front of the car.
“I shouted hei, hei, hei and then the policeman standing in the middle of the road also raised his hands shouting stop, stop, stop but the accused did not stop and he almost hit the policeman who jumped aside”, the witness said.
He said that what he saw was that the car of the accused person hit the president’s car making it to hit an electricity pole before hitting a VW Golf.
He disagreed with the counsel that he was being used as a tool by the prosecution to testify in the case because it involved the President and reiterated that the accused person’s car overtook a taxi cab before hitting the car of the President.
Reverend Kufuor narrated his story about how the accident occurred but he had a hectic time during cross-examination when his credibility was brought to the fore.
Mr Akuffo who was privy to certain information about the witness stunned him and discredited his assertion that he was a man of God because the Reverend apparently had procured a passport under a false date of birth.
The pastor also could not answer favourable questions relating to how he procured his drivers’ licence, among other issues that were put to him.

ASSESSMENT OF KUFUOR'S TERM OF OFFICE

Story: Stephen Sah & Kofi Yeboah

EXACTLY a year from today, President John Agyekum Kufuor will hand-over the presidency to a successor yet to be determined after an eight-year tenure in office.
It will be the day on which the dream of one man, be he Professor J.E.A. Mills or Nana Akufo-Addo, Dr Paa Kwesi Ndoum or Dr Edward Mahama or, indeed any of the other presidential aspirants will become a reality of the time.
Ahead of that occasion, an appraisal of the stewardship of President Kufuor made by some Ghanaian think tanks, selected by the Daily Graphic, shows that President Kufuor’s performance in the various aspects of governance, has been quite commendable.
Overall, the President scored between 50 and 70 per cent in various sectors of assessment, earning high marks in the areas EXACTLY a year from today, President John Agyekum Kufuor will hand-over the presidency to a successor yet to be determined after an eight-year tenure in office.
It will be the day on which the dream of one man, be he Professor J.E.A. Mills or Nana Akufo-Addo, Dr Paa Kwesi Ndoum or Dr Edward Mahama or, indeed any of the other presidential aspirants will become a reality of the time.
Ahead of that occasion, an appraisal of the stewardship of President Kufuor made by some Ghanaian think tanks, selected by the Daily Graphic, shows that President Kufuor’s performance in the various aspects of governance, has been quite commendable.
Overall, the President scored between 50 and 70 per cent in various sectors of assessment, earning high marks in the areas of the economy, security and freedom of the economy, security and freedom of expression, recording average marks in upholding human rights and accessing justice while recording lower marks in respect of fighting corruption.
The appraisers of the President’s stewardship were the President of the Association of Ghana Industries (AGI), Mr Tony Oteng-Gyasi, the Co-ordinator of the Commonwealth Human Rights Initiative (CHRI), Africa, Nana Oye Lithur, a Research Fellow at the Institute of Democratic Governance (IDEG), Mr Kwesi Jonah, the Dean of the Faculty of Social Studies of the University of Ghana, Prof Atsu Ayee and the Director of Research at the Kofi Annan Peacekeeping Training Centre, Dr Emmanuel Kwesi Enning and Mrs Jean Mensa, the Administrator of the Institute of Economic Affairs (IEA).
Mrs Mensa congratulated the President for the successes chalked by his administration over the past seven years but pointed out that some challenges in his final year in office and for the future government.
She said it was refreshing that the present administration has won power and kept if for the past seven years.
Mrs Mensa explained that the New Patriotic Party (NPP) was the first non-military institution to win power through the ballot box and kept it for seven years adding that “all previous attempts were successful at winning power but failed to hold on to it. She said this was significant in our history bearing in mind that Flt Lt J.J Rawlings won power and was able to keep it for eight years but he came from a military background.
Mrs Mensa also commended the government for maintaining macro-economic stability for seven years during which inflation has declined from the high of 40s to the low 10s. “We have also seen interest rates drop from the high 40s to the low 10s on the seven year period noting that “while the IEA thinks the NPP government has done well, the challenge though is how to maintain the current macro stability and keep inflation and interest rates under leash”.
She said it was important for the government to disentangle ourselves from running a colonial economy which mainly benefits the major multi-nationals in Ghana to an economy whose primary focus would be the improvement of the life of the average Ghanaian and also to an economy where “we are no more exporters of raw materials and importers of finished products but to an economy where we are the producers of finished goods for exports”.
Mrs Mensa also stressed the need for the Kufour administration to use the final year to decentralise the Ghanaian economy and our political structure.
“As of now, district chief executives still do not feel they owe any responsibility to the people. They owe their responsibilities to the Presidency in Accra and the challenge is how to decentralise so that district chief executives would owe their responsibility to the residents of the various districts”.
Mr Jonah on his part described the national economy under President Kufuor as sustainable and the country as a preferred destination for foreign direct investment (FDI).
He said although Ghana was tackling indices of the Millennium Development Goals (MDGs), such as poverty and access to school for children of school-going age, it was still lagging behind in respect of health indices, such as infant and maternal mortality, and stressed the need to reconsider those areas to activate growth.
According to Mr Jonah, presently, the economy was reported to be growing at an average rate of five per cent and although there have been increases in external exports with attractive prices on the world market and economic growth must increase.
“The inflow of investment has been quite good. The exploration of oil and the emergence of major mining companies in the country is a clear indication of external confidence in the national economy”, he noted.
He added that the inflow of about $500 million from the Millennium Challange Account (MCA) and the floating of Ghana bonds on the London Stock Exchange, coupled with good governance, were all indicators that Ghana was a safe place for investment.
Mr Jonah, who is also a senior lecturer at the Political Science Department of the University of Ghana, said the re-denomination exercise embarked upon by the Bank of Ghana (BoG) was a major plus for the government because it boosted business in an economy where transactions were largely cash-based.
On the political front, Mr Jonah said Ghana had been an island of peace and tranquillity in the sub-region because it had upheld the tenets of the constitution, particularly with respect to fundamental civil liberties.
That, he noted, had allowed an atmosphere that allows all political parties the freedom to criticise the government and contribute to the development process without any interference from the Executive.
However, Mr Jonah expressed concern about the Representation of the People’s Amendment Law (ROPAL), saying that it was a privilege and not a right for Ghanaians living abroad to exercise their franchise.
Regarding the international political arena, he said the holding of the African Union (AU) Summit in Accra in 2006 and the appointment of President Kufuor as the AU chairman had been a good omen for Africa, especially the sub-region.
Assessing the President’s performance in industry, the Mr Oteng-Gyasi said the President's performance was above average.
He noted that President Kufuor and the government had had to contend with very difficult economic environment but they worked to stabilise the economy, adding that manufacturing was now growing between four and five per cent.
Mr Oteng-Gyasi also praised the government for showing a willingness to listen to players in industry and implementing some of their suggestions, but he pointed out that there was more room for improvement.
“We would have loved to see a clear industrial policy for the country but that has not been the case,” he indicated, adding that the nation needed to invest in the production of agro processing machinery and other items that could be manufactured locally.
The AGI President said it was wrong for people to think that the President’s term in office was over, pointing out that “one year of policy decision-making can change a lot of things”.
He said without any pressure of running for re-election, the President had an added advantage of implementing good policies, expressing the hope that he would end his tenure on a very high note.
In his assessment, Prof Ayee described the achievement of the Kufuor regime as marginal.
On the economic front, he said the positive thing that happened to the country was the stability of the cedi because prior to taking office, the depreciation of the cedi was phenomenal as a result of which the currency was marginalised.
Prof Ayee said the drop in inflation was superficial because people still felt prices had shot up, especially after the re-denomination of the cedi, but pointed out that the government could not be faulted much because of the increase in petroleum prices on the world market.
He said not much had been done to tackle unemployment in spite of the President’s special initiative on employment, indicating that the number of unemployed youth was high and had resulted in the upsurge in armed robbery.
Prof Ayee said although standards of living had not improved, the government should be commended for the introduction of the National Health Insurance Scheme (NHIS), the capitation grant and the school feeding programme.
He said the President’s zero tolerance for corruption was a public relations gimmick, which he never tackled and that would be a large electoral issue this year.
“The approach to corruption has been selective, especially the trial of Mallam Yusif Isa and others, have been a cosmetic show”, he said and claimed that a lot of people had been cited for corruption but left off the hook.
Prof Ayee commended the Commission for Human Rights and Administrative Justice (CHRAJ) for investigating former Minister of Transportation, Dr Richard Anane, although the judiciary interpreted it differently, adding that the perception of corruption now was much higher than it used to be in the National Democratic Congress (NDC) regime.
He said the human rights record of the NPP government was better than that of the NDC, especially with the repeal of the criminal libel law, describing it as “a feather in the cap of the government although we cannot have a total human right record because of a few abrasions here and there like what happened to Alhaji Mobilla”.
According to him, there had been an upsurge in ethnic violence because ethnic politics had reared its head and there was the need to do away with that through public education spearheaded by the National Commission for Civic Education (NCCE) and political parties.
In respect of human rights, the ardent human rights campaigner, Nana Oye Lithur, gave the President five out of 10 marks based on an assessment of his performance on the Directive Principles of State Policy and human rights provisions enshrined in the Constitution were concerned.
On the positive side, she admitted that there had been an improvement in freedom of expression and press freedom, pointing out that the improvement was because “he himself has displayed a certain level of tolerance that has facilitated a progressive development, promotion and fulfilling of press freedom and freedom of expression”.
Nana Oye Lithur said there had also been tremendous improvement in political, social and economic rights as depicted by the enhanced credibility of elections in the country and initiatives, such as the school feeding programme and the capitation grant for basic schools, all geared towards achieving the goals of the free compulsory universal basic education (F-CUBE) as required by the constitution.
On the flip side, Nana Oye Lithur said corruption was a major indictment on the President’s stewardship, particularly so when he had launched his administration on a “zero tolerance for corruption” campaign.
“All said and done, that is one big indictment on his tenure. People were full of hope because he vowed to fight corruption. But I haven’t seen that he has addressed corruption effectively. It seems like he has shielded his government from allegations of corruption”, she observed.
Nana Oye Lithur also expressed disappointment in the manner the President had handled the extra judicial killing of 44 Ghanaians in The Gambia, three year after the incident took place.
She said in the first instance, it was out of order for the President to have attended the African Union (AU) Summit in The Gambia three years ago after the incident; secondly, the government had taken too long a time to investigate and take a firm decision on the issue.
Nana Oye Lithur mentioned forced evictions and demolition exercises in various parts of the country without recourse to due procedures, as well as rampant police brutalities and the deplorable conditions of mining communities and prisoners, as some of the minuses on the President’s human rights record.
“From where I sit, I saw him more as protecting the investor’s interest over and above the interest of the communities where these mining activities were going on. From the top of my head, I cannot recall any concrete statement that he’s made directed at people in mining areas... but we all saw him opening or inaugurating a mine or receiving heads of mining companies at the Castle”, she pointed out.
Nana Oye Lithur mentioned inadequate housing, lack of access to toilets, water, electricity and other social amenities as some of the areas the President failed to deliver satisfactorily.
With regard to security, Dr Enning said the government had done creditably, giving it six-and-half out of 10 marks.
According to him, there had been general improvement in civil-military relations and the physical improvement in the security services.
Dr Enning said the security had also become more subservient to civilian rule unlike in the past but added that the process of improving security started during the NDC regime but “the Kufuor administration has reduced the rot in the system”.
On the international level, he said President had made immense contribution towards restoring peace and stability to countries like Cote d’Ivoire, Togo, Sierra Leone and Liberia
Dr Enning attributed the success story on the security front to the various roles played by the Ghana Armed Forces, Parliament, CHRAJ and other democratic institutions.
He said one of the lowest point on security track record of President Kufuor’s administration was the Dagbon conflict.
Dr Enning said there were still challenges concerning issues of recruitment into the security services, adding that the increasing activities of drug lords and youth unemployment had the tendency to undermine national security and stressed the need to address them.
It is against such pluses and minuses that Ghanaians will go to the polls again in December this year to choose a successor to President Kufuor.
December is still a long way yet but with the major political parties having held their congresses and elected their presidential candidates, the lines are clearly drawn for an exciting campaign.
The largest opposition group, the National Democratic Congress set the tone with the election of former Vice President, John Evans Atta-Mills as its flagbearer. That was followed by the People’s National Convention (PNC) with the election of Dr. Edward Mahama.
The Convention People’s Party (CPP) followed with the election of Dr. Paa Kwesi Ndoum and then the New Patriotic Party (NPP) held its congress to elect Nana Addo Dankwa Akufo-Addo as its flagbearer.
With a few oth er minority parties yet to elect their flag bearers, attention on the next phase of the process will be on the choice of running-mates by the various presidential candidates.

NEW CPP EXECUTIVES PLEDGE TO WIN POWER

New CPP executives
pledge to win power

Story: Stephen Sah

THE new Central Executive Committee of the Convention People’s Party (CPP) under the chairmanship of Mr Ladi Nylander was sworn in yesterday with a central focus of capturing political power come December 2008.
The dynamism and unity of the party was clearly manifested at the ceremony which saw all the presidential aspirants except Mr George Aggudey in attendance.
The aspirants took turns to ask the rank and file of the party to lend their support to Dr Paa Kwesi Nduom, the flag bearer to enable the party to win the December elections.
Dr Kwaku Osafo, Mr Bright Akwetey, Dr Fred Akuffo and Prof Akosa were unanimous in their loyalty to the party and pledge to lend an unflinching support to the flag bearer so that the party would win the election to ensure the economic emancipation of Ghanaians.
They were cheered by an enthusiastic party supporter who reverberated the good old times of the party claiming that the party was reawaken.
Dr Nduom declared that during his campaign tour of the country the clarion call of the people was that the time was ripe for the CPP to come to power, however, that was not going to be on a silver platter and there was the need for members to play their roles effectively.
According to him, the party currently bore no semblance to that which was taken to previous elections because all the party stalwarts were solidly united to do the battle come December.
“All over the country the youth are joining the party to reclaim a lost heritage which they can find in the CPP”, he said and added that the party under him would not discriminate against Ghanaians but rather give advantage to all to bring out the best in them to push the development agenda of the country forward.
Making reference to the Asian giants, which according to him have become the envy of all, their success did not come by chance but it was because the people were supported by the state and that the CPP would do the same for local entrepreneurs and companies.
He said that the party would encourage the private sector and create jobs with accompanying living wages for workers as well as support farmers.
Dr Nduom said, for instance that the Suame Magazine in Kumasi would receive massive financial support and market to boost their production while the meat factory in the north would be made operational after 100 days of the CPP in office.
He declared that he was not in the presidential race to support any political party saying that “ I am in this race so that come January 7, 2009 when President Kufuor is leaving, he hands over power to me”.
Mr Nylander said the new CPP was not going to bask in the success of the past. He said that the task was to reinvigorate the party and gave the assurance that the new executive would do their part to strengthen the party and make it attractive.
He said the party was different because it was concerned with the welfare of the people while it would also make Ghanaians the centre of economic achievement.

Thursday, January 17, 2008

Story: Stephen Sah
POLICEMAN TESTIFIES IN OSEI'S CASE


THE prosecution today (Thursday) preferred an additional charge of failing to effect change of ownership of vehicle against Thomas Osei, the man at the centre of President J.A. Kufuor’s car crash.
Following that the old charge sheet which contained six charges was substituted with a new one to reflect the additional charge while the plea of the accused was taken again.
Similarly, the particulars relating to the use of narcotics was also amended to indicate that the accused used cocaine because traces of the narcotic were found in his urine.
Osei now faces seven counts of use of narcotic drugs, dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to a Presidential convoy and failing to effect change of ownership of vehicle, to which he has pleaded not guilty.
Osei was discharged by the court on Thursday, December 20, 2007 after the prosecution had filed a nolle prosequi (unwilling to prosecute) but he was re-arrested when he stepped out of the court.
He was first arraigned before the Motor Court on November 16, 2007 and remanded.
The facts of the case are that around 11.30 a.m. on November 14, 2007, Osei, who was driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital, drove into the rear side of the President’s vehicle, in spite of the fact that other motorists had been stopped to allow the President’s convoy to pass.
The driver of the President’s car and the driver of the VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President escaped unhurt.
Investigations showed that Osei was driving under the influence of alcohol.
The first prosecution witness, General Constable Joseph Frimpong of the Airport Police Station who was on duty at the Opeibea intersection on the day of the incident narrated to the court how the accident occurred.
According to him, he was at post and at about 11.30 a.m. he received a call from President Kufuor’s security that the President was about to pass to his office and, therefore, he should be on the alert.
Constable Frimpong said when he heard about the siren of the Presidential convoy, he stopped all vehicles but suddenly, he heard the sound of a moving vehicle which happened to be the vehicle of the accused person.
He said the vehicle of the accused overtook other vehicles to hit the vehicle on which the President was and after the accident he went to the accuser person’s vehicle to hold him before the President’s security detail took him away.
The witness said the accused person realising what he had done put his hands on his head while the President’s security brought out their guns.
He said that he called a few people around to push the vehicle of the accused person which was in the middle ofd the road and went for a stone and marked the point of impact before moving the vehicle.
Constable Frimpong said that he then called the office to bring a towing vehicle to tow the vehicle of the Presisdent and that of a VW Golf which was affected by the accident.
He said during cross-examination that when he heard about the moving vehicle the car of the accused person was almost near him and that he would not know whether the traffic lights were showing green since he had stopped all vehicles from moving.
The witness disagreed with counsel that the accused after the incident exclaimed “Who is this crazy driver?” while he was also not a ware that after the incident security at the point where the accident occurred had been beefed up with soldiers and policemen.
He agreed with counsel that sirens were blown by other vehicles and blowing of it was not automatic that the President was passing by.
Story: Stephen Sah
BAIL CONTRACTORS INFILTRATE JUDICIARY


A syndicate, whose members include some foreign nationals, has infiltrated the ranks of the country’s judiciary as bail contractors, using unclaimed documents in the custody of the courts and fake ones to secure bail for accused persons.
Daily Graphic investigations indicate that the bail contractors, whose practices are widespread in Accra, operate mainly at the 28th February Road courts but they occasionally extend their operations to other parts of the country.
They operate under trees near the Complaints Unit at the Cocoa Affairs Court where they do brisk business.
Sources say the contractors are in league with prosecutors, investigators and lawyers who approach them for their services.
The bail contractors allegedly charge their customers between GH¢500 and GH¢6,000 depending on the bail term, and give them documents such as indentures and titles to property in plush residential areas in Accra.
According to a source, the contractors are usually given unclaimed documents which had been used to secure bail for offenders by some court officials, while the contractors themselves also secure fake ones from other sources, such as the Land Title Registry, among others.
The contractors, who are known by court clerks and other officials, when approached with bail problems, usually produce fake documents to cover property at such plush areas as the Airport Residential Area, East Legon, North Ridge, Cantonments, among other areas.
Sources close to the courts allege that police investigators do not visit a property; once a document is provided, the “proper” thing is thought to have been done.
Currently, the sources say that the syndicate is made up of an indigenous group, as well as a foreign group whose members are mainly from Mali, Niger and other Sahelian countries.
This reporter approached three well-known contractors separately under a tree at the Cocoa Affairs Court with a bail problem for a relative.
When the contractors were told that the bail amount was GH¢10,000, all three of them charged between GH¢1,000 and GH¢2,500.
A lawyer who declined to be named said he was aware of “professional” bailers who charged people and guaranteed with their documents.
When told about how the group secured the documents, the lawyer replied, “It is possible that they get access to some of the documents in the custody of the courts because a client of mine had experienced something nasty in the past.”
According to the lawyer, his client’s documents could not be traced when he needed them to secure bail in a different court.
He stated that there were some property owners who swore affidavits and handed their documents to such contractors to work with and make money.
However, he said, anytime offenders absconded, such contractors faced jail terms not exceeding six months.
Another lawyer described the bail business as booming, adding that a story about it in the newspapers would greatly affect it.
He, however, admitted that the practice could be responsible for the loss or disappearance of some dockets in the courts.
Story: Stephen Sah
GIMPA RECTOR CASE UP IN COURT


THE Accra Fast Track High Court today began the hearing of the case in which Mr Egbert Isaac Faibille Jnr is seeking an order to restrain Dr Stephen Adei from holding himself out as Rector and a professor of the Ghana Institute of Management and Public Administration (GIMPA).
Mr Faibille wants the court to order that Dr Adei was not a professor either at GIMPA or any other institution and he should be restrained from holding himself out as such.
He further wants the court to order GIMPA to advertise the position of Rector of GIMPA since it was vacant because, according to him, when the tenure of office of Dr Adei expired on October 1, 2004, he had had not been appointed as Rector.
Led in evidence by his counsel, Mr Faibille described as a very big fraud being perpetuated on students and the people of Ghana if Dr Adei was allowed to use the title professor and also allowed to be at post in such a public institution.
Mr Faibille who is a lawyer and publisher of the Ghanaian Observer newspaper, has sued Dr Adei, the Governing Council of GIMPA and GIMPA as an entity.
According to him, Dr Adei was appointed by the then Court of Governors of GIMPA as Director-General of GIMPA in October 1, 1999, for a five-year term, however, on the expiration of his tenure in October 2004, Dr Adei was still at post.
He said when Dr Adei’s term of office expired, Dr Adei verbally told the GIMPA governing council to renew his appointment after which he was appointed as the acting Rector from January 1, 2005.
The plaintiff said that beyond that no letter or communication had been sent to Dr Adei confirming his appointment in the acting capacity.
Dr Adei, he said, was not duly appointed for the period that he had been in office from October 1, 2005 to date adding that GIMPA was a public institution and that the anomaly must be properly handled.
“The conduct of the defendants has been most irregular and improper against the background that GIMPA is a cherished public tertiary institution”, he stated.
Mr Faibille noted that the first time that he realised Dr Adei was holding himself out as a professor was in July 5, 2002 when Daily Graphic published about his appointment by a Zimbabwe-based institution which was affiliated to the University of Zimbabwe.
He said a research that he conducted on GIMPA indicated that Dr Adei was a Professor in Leadership but the GIMPA statute states that the position of a full professor could not be earned unless the applicant first had to apply for an associate professorship position and go through a vetting procedure.
Mr Faibille said Dr Adei had never been vetted by the GIMPA promotion committee even if he had been appointed a professor by any institution as required and that an assertion by the GIMPA governing body that it was aware of the appointment was not correct.
He questioned how the body could rely on only a newspaper report to base its assertion since the report could be false saying that “the African Leadership and Management Academy based in Zimbabwe has not appointed Dr Adei as a professor and neither has it conferred professorial whether full, associate or adjunct on him”.
“Records at GIMPA show that Dr Adei has not been vetted for the professorial position he claims. He must be restrained because now that the issue has come out that the governing body inherited minutes of a meeting in which Dr Adei’s appointment was mentioned then it means that the procedure has not been followed.
“The fact that the council is aware of Dr Adei’ professorial position is even dangerous because it is coming from a newspaper publication, especially when it can be false”, he said.
Mr Faibille further described as more dangerous when the GIMPA Governing Council said it was taking steps to confer a full professor on Dr Adei since from the statute of GIMPA it was clear that the first position was an Associate Professor after which one was eligible to apply for a full professorship.
He said Dr Adei was not an Associate Professor at GIMPA and he did not meet the conditions to apply for a full professor since he was an adjunct professor of the Zimbabwe-based institute.
Hearing continues tomorrow (Thursday).

NINE EMPLOYEES OF KINAPHARMA IN COURT

NINE employees of Kinapharma Company Ltd, an Accra-based pharmaceutical company, were yesterday arraigned at the Accra Circuit Court for allegedly stealing a stock of chemical products valued at GH¢228,271.40 and belonging to the company.
Six of the accused persons pleaded not guilty to the charges and they were admitted to various bail terms, ranging between GH¢2,000 and GH¢170,000.
A bench warrant was issued for the arrest of three other accomplices who were not in court, while the case was adjourned to February 13, 2008.
The accused persons were admitted to bail in the following terms: Emmanuel Sarfo, accounts officer — GH¢2,000; Collins Asiedu, Regional Manager — GH¢700; Nelson Akwamuwor, supervisor — GH¢43,000; Solomon Bortey, driver — GH¢40,000; Alexander Oduro, sales representative — GH¢170,000, and Samuel Logbah, also a driver — GH¢3,000.
Those at large are Abraham Gyamfi, warehouse supervisor; Bernard Arthur and Henry Boamah, both drivers.
Prosecuting, Assistant Superintendent of Police (ASP) George Abavelim told the court that all the accused persons were employees of Kinapharma, which is involved in the production and sale of pharmaceutical products.
He said in October last year, the company’s accounting system was audited and the report indicated that a stock of products valued at GH¢228,271.04 had been requested for, approved and collected from the warehouse for sale but it was unaccounted for by the accused persons.
According to the prosecutor, it was detected that a lot of transactions had been made in the form of stock transfers into a dormant account known as Central Medical Stores (CMS).
He said from the report, between April and September last year, Sarfo stole GH¢192,316.34 by means of stock transfer and zero invoicing of sales, while Asiedu, within the same period, also stole GH¢67,486.75 through the approval of stock requisitions which were never accounted for.
ASP Abavelim said Akwamuwor also stole GH¢41,495.68 through the non approval of stock requisitions submitted by sales teams and which were never accounted for, while Bortey, as the driver in charge of sales in Accra, collected products worth GH¢39,474.95 but failed to account for them.
Oduro, he said, also collected stock valued at GH¢161,654.47 but failed to account for it, while Logbah collected stock of chemical products worth GH¢2,509.43 but failed to account for it.
He said a report was made to the police, after which the accused persons were arrested, while the rest went into hiding.
Story: Stephen Sah
OSEI HAD TRACES OF COCAINE IN URINE

IT has now been established that traces of cocaine were found in the urine sample of Thomas Osei, the man at the centre of President J.A. Kufuor’s car crash.
Counsel for the accused person, Mr Kwame Boafo Akuffo, disclosed this at the Accra Fast Track High Court yesterday in his renewed application for bail which was refused.
Osei is facing six counts of use of narcotic drugs, dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to a Presidential convoy.
According to the court, the narcotic charge still stood, irrespective of its quantity, and as far as the court was concerned it had the apprehension that when granted bail, the accused person would not appear to stand trial.
Consequently, it adjourned the case to January 17, 2008 for hearing.
Mr Akuffo had argued that at the last sitting the court refused to grant bail to his client because the prosecution was still investigating the matter and said now that the prosecution was ready for the hearing, the bail application ought to be reconsidered.
Counsel said granting Osei bail would be in line with provisions in the Constitution which stipulated that all offences were bailable.
According to counsel, the minute nature of traces of cocaine in his client’s urine sample enjoined the court to exercise its responsibility to admit Osei to bail.
“The manner in which the sample was taken was not proper. We have our reservations about how the urine sample was taken but we reserve our case and ask for bail,” he said.
However, Ms Gertrude Aikins, the acting Director of Public Prosecutions (DPP), responded that while traffic offences were bailable, offences regarding narcotics were not and for that reason Osei could not be admitted to bail.
Dismissing the application for bail, the court, presided over by Mr Justice E.K. Ayebi, said counsel failed to address the court on matters that related to bail but rather raised substantive issues for the trial.
He said the accused was not only facing traffic charges but narcotic charges as well.
Osei was discharged by the court on Thursday, December 20, 2007 after the prosecution had filed a nolle prosequi (unwilling to prosecute) but he was re-arrested when he stepped out of the court.
The court was to give its ruling on an application for bail made by counsel for the accused person at the last sitting but that had to be abandoned because of the latest development.
Osei was first arraigned before the Motor Court on November 16, 2007 and remanded following a request by Chief Inspector Dora Seiwaah, then the prosecutor, to the court to remand him for investigations to be completed.
The facts of the case are that around 11.30 a.m. on November 14, 2007, Osei, who was driving a Mercedes Benz SE 500 saloon car in the inner lane along the Liberation Link from the direction of Aviance towards the 37 Military Hospital, drove into the rear side of the President’s vehicle, in spite of the fact that other motorists had been stopped to allow the President’s convoy to pass.
The prosecutor said the impact of the crash forced the President’s vehicle to turn around, hit a light pole and, in the process, fell on its right side and landed on a VW Golf saloon car
All the vehicles involved in the accident got damaged, while the drivers sustained various degrees of injury and were rushed to the 37 Military Hospital for treatment.
The driver of the President’s car and the driver of the VW saloon car were treated and discharged, while Osei was admitted for treatment.
The President escaped unhurt.
Investigations showed that Osei was driving under the influence of alcohol.
Story: Stephen Sah
BRITISH DENIES OFFENCE
THOMAS Alan Tichler, the 57-year-old Briton accused of indecently assaulting a three-year-old girl denied the offence yesterday and said the girl had been coached to frame him up.
“I deny any form of harm, indecent assault and inappropriate behaviour with the victim. There is no bone in any part of my body that will allow me to do anything as horrendous as what has been described. I swear this not only on oath but on the head of my children,” he said when he opened his defence at the Accra circuit court
Tichler, who is alleged to have inserted his fingers into the victim’s vagina, has pleaded not guilty to two counts of causing harm and indecent assault.
He has been refused bail.
According to Tichler, he came to Ghana under the auspices of the Volunteer Service Overseas (VSO) and was attached to the Micro Finance and Small Loans Centre established under the Office of the President to disburse small loans without collateral to the productive poor.
He said his responsibility was to assist in refining the internal policies and procedures of the project and he was excited by it because he believed in processes that involved self-help for poverty mediation.
He said before coming to Ghana, he was taken through a series of interview processes, such as the cultural sensibilities of Ghanaians, health and safety briefings, as well as a check on his criminal record.
The accused described the incident relating him to the offence as a terrible blow and a damage to his reputation. “However, I do understand that any parent faced with his or her precious little girl bleeding in her private part will be extremely alarmed and concerned. As a parent, I will have a similar concern. I understand the need to find the truth but it should be the truth,” he stated.
Stating how he came to be associated with the victim’s father and subsequently visited his house, Tichler explained that he struck an acquaintance with the girl’s father, who happened to be the Human Resource Manager of the project on which he worked.
He said after a series of conversations, he agreed to visit the man and his family, after he had done a background check of the family, especially on the ages of the children.
Asked by Mr Ellis Owusu-Fordjuor, his counsel, as to how he managed to get to the house of the victim’s father, Tichler replied that having armed himself with the ages of the children, he bought some postcards and serviette and met the man at a church rendezvous where he was picked home, after some shopping by the man.
Tichler said when he got to the house, the man decided to occupy himself with some construction work he was doing, while he (Tichler) also engaged the children in games in the lounge.
At that time, he said he learnt that the victim’s mother had gone to the market but she came back not quite long after he got there, while the man left to purchase items needed for the work.
He said while he played with the children, it got to a time when his alleged victim had little attention and, therefore, he carried her on his shoulders and went round the house playing with her.
“After about five minutes she started to become heavy and I suggested it was time she came down, but she crossed her legs around my neck and did not want to come down,” he said of the girl.
He said the girl’s mother also pleaded that she came down, but she refused, but eventually he managed to bring her down on the sofa, where he subsequently sat to watch television, while the girl joined her other siblings to also watch a movie.
The accused person said the girl intermittently returned to bounce herself on the sofa until she informed him that she wanted to urinate, at which point he took her to the mother.
He said when the girl left the room, he heard commotion in the adjacent room and after that the girl came to report that her mother had cried.
He said he noticed that the girl was not wearing an underwear so he sent her to her mother and decided to relax for some time before taking a stroll where he found some workmen in the house.
Tichler said when he stepped outside the house, he saw his male host arrive in his car in a frenzy and started assaulting him and accusing him of having defiled his daughter.
He said the man punched him to the ground and brought him into the house where he brought a pair of underwear to him, amidst accusations of defilement, adding that he (the accused) was stunned and overwhelmed.
According to him, he was taken to the Legon Police Station and then to a hospital where he was stripped naked to examine whether he had had sex with the girl. But the doctor could not find any evidence to support the charge of defilement.
He said when he requested the doctor to take debris from his fingernails for forensic examination, the police said he had washed his hands, but the doctor replied that it would not have made any difference.
Story: Stephen Sah
BRITISH PAEDOPHILE OPENS DEFENCE

THE 57-year-old Briton accused of indecently assaulting a three-year-old girl, attributed an inconsistency in statements he made to the police to a severe assault by the victim’s father.
“I was shocked and suffered concussion, a blurred vision and was confused by the assault upon me”, Thomas Alan Tichler, the accused person said of his state of mind at the time of making his first statement to the police after the incident.
He was answering questions on Wednesday under cross-examination from Ms Babara Sackey, a State Attorney, as to whether he still relied on statements that he made to the police.
The prosecutor had put it to Tichler that in his first statement to the police he claimed to have rinsed his hands after he had visited the toilet, while in subsequent ones he stated in the negative.
Prosecutor: So you want this court to believe that it was shock that made you not to write the truth in the first statement?
Accused: It is not that I did not write the truth. I made an error in the way I recalled the incident and I can assure you that it is an extremely frightening feeling to be thrown in jail following an assault at false accusation.
Prosecutor: Why did you not state that you made a mistake in your later statement?
Accused: It is because I have been advised in my caution statement that I am able to correct earlier statements and you will see that I have done so in subsequent statements.
Tichler, who is alleged to have inserted his fingers into the victim’s vagina, has pleaded not guilty to two counts of causing harm and indecent assault.
He has been refused bail.
He also said that on the particular weekend that the alleged incident happened, his other volunteer colleagues from the Volunteer Overseas Service (VSO) were going to watch a rugby match between England and Argentina, which he would have preferred to watch but in the interest of his relationship with his host, he abandoned the idea.
Tichler agreed with the prosecutor that after visiting the toilet, he did not wash his hands and according to him, there was no facility for him to wash his hands.
When the prosecutor suggested to him that in spite of his inability to wash his hands after visiting the toilet, he ate crackers and drank minerals in the residence of his host, Tichler replied that he felt very uncomfortable without having been able to freshen up and also embarrassed to ask for things not offered to him.
The accused did not agree with the prosecutor that he went to the kitchen to ask for water from the girl’s mother after he had inserted his fingers into the girl’s vagina.
“ There came a point towards the end of the meeting when I became aware that the girl’s mother was fetching water to wash the children’s pants and I took that opportunity to ask if I could also wash my hands and as to whether soap was available,” he said.