THE ROLE OF THE PRESS TOWARDS THE FIGHT AGAINST CORRUPTION IN GHANA’S 4TH REPUBLIC
A PAPER PRESENTED TO THE WOLFSON COLLEGE PRESS FELLOWSHIP PROGRAMME, UNIVERSITY OF CAMBRIDGE, JANUARY – MARCH 2006
BY STEPHEN SAH, DAILY GRAPHIC, ACCRA, GHANA
Pages
CONTENTS 2
ACKNOWLEDGEMENT 3
LIST OF ACRONYMS 4
CHAPTER ONE
1. Introduction 5
2. Objectives of study and methodology 5
3. Working Definitions 6
4. Conceptual/theoretical framework 7
CHAPTER TWO
5. Evolution of the media in Ghana 10
6. A diagnostic and historical account of corruption in Ghana 13
CHAPTER THREE
7. Presentation of data 16
8. Analysis of data 19
CHAPTER FOUR
9. The role of the media in combating corruption 25
10. Conclusion 27
11. References 29
ACKNOWLEDGEMENT
This work has been the result of my 10-week press fellowship programme at the Wolfson College, University of Cambridge. It gives an insight into how corruption issues are given media coverage, especially in Ghana’s Fourth Republic. It also gives hints as to how the media can effectively combat corruption.
The text is based on analysis of newspaper contents and the review of some theoretical underpinnings of corruption. I must indicate that this work would not have been possible without the support of the Wolfson Press Fellowship Programme and in fact my sponsors, the Anglo American Plc. The contents are entirely my own views and do not expressly reflect the views of either the programme or my sponsors. Therefore, I am solely responsible for any shortcomings contained herein.
I acknowledge my enormous gratitude to Mrs Hillary Pennington, the Administrator of the programme for her indefatigable support and also making sure that my welfare became her concern.
To Prof John Naughton and Bill Kirkman, what else can I say but to thank you for the wonderful manner you treated the press fellows.
Last but not in the least, I am greatly indebted to my supervisor, Professor Christopher Clapham of the African Studies Centre, University of Cambridge for painstakingly supervising my project. To him I say that I have learnt a great deal.
I also appreciate the immense support and co-operation from my colleague press fellows namely Mr Michael Peel and Ms Lara Pawson, both from the UK and Mr Aziz Jan from Pakistan and also the house mates of Norton House, without whom life would have been boring.
LIST OF ACRONYMS
ADB Agricultural Development Bank
AFRC Armed Forces Revolutionary Council
CAGD Controller and Accountant General Department
CDRs Committee for the Defence of the Revolution
CEPS Customs Excise and Preventive Service
CHRAJ Commission on Human Rights and Administrative Justice
CIB Castle Information Bureau
CPI Corruption Perception Index
CPP Convention Peoples Party
FBI Federal Bureau of Investigations
GBC Ghana Broadcasting Corporation
GCB Ghana Commercial Bank
GES Ghana Education Service
GII Ghana Integrity Initiative
GJA Ghana Journalists Association
GNPC Ghana National Petroleum Corporation
HIPC Heavily Indebted Poor Countries
ID Identity Card
IFC International Financial Corporation
KMA Kumasi Metropolitan Assembly
MDAs Ministries Departments and Agencies
MDC Movement for Democratic Change
NDC National Democratic Congress
NLC National Liberation Council
NMC National Media Commission
NRC National Redemption Council
PDCs Peoples Defence Committees
PNDC Provisional National Defence Council
PNP Peoples National Party
NPP New Patriotic Party
SFO Serious Fraud Office
SMC Supreme Military Council
TI Transparency International
WDCs Workers Defence Committees
CHAPTER ONE
1. Introduction
This essay focuses on the Ghanaian press’ critical role of promoting good governance and controlling corruption to sustain Ghana’s fledging democracy. The responsibilities of the press include raising public awareness about corruption, its causes, consequences and possible remedies. It is importantly to point that the press does this by investigating and reporting incidences of corruption.
Backed with examples, this paper examines whether the media has successfully exposed corruption, prompted investigations by official bodies, and reinforced the work and legitimacy of both parliament or government and anti-corruption agencies. It will also give due consideration to how the media can be strengthened to fight the canker.
An examination of the problem of corruption, according to David Burnham (1977), shows that major sustained efforts to control it have almost always required an outside stimulus which is provided by the media. It is for this reason that this study is considered relevant in a country like Ghana.
This is more so because the press as a tool for development is advancing in its traditional role of entertaining, educating and informing the people on current topical issues to help them to make informed choices.
Corruption has accounted for the collapse of many democracies in the third world, particularly Africa with Ghana being no exception. In fact, the link between Third World underdevelopment and poverty on the one hand and corruption on the other has been widely acknowledged by development experts or theorists.
2. Objectives of study and methodology
The objective of this methodology is to produce a study of corruption in the Ghanaian media with a focus not only on the prevalence of corruption, but some of the legal and institutional structures and policies to combat it, if any, that have come from government after such reports. Specifically, this study sets out to find:
Whether there have been sufficient media exposures of corruption published in the past three months, the nature of these exposures and those involved?
Whether these exposures were serious attempts to root out corruption or not?
Whether there is any relationship between ownership of newspaper and the nature of stories carried,
What was the effect of these exposures with regard to public attitude, legislative reform, and/or judicial administrative action? and
5 How the press can effectively combat corruption in Ghana.
Basically, the research design draws upon a content analysis of five different newspaper sources, namely The Ghanaian Chronicle, Daily Graphic, Ghana Palaver, Daily Guide and Statesman over a three-month period from September to November 2005.
This was to provide a broad spectrum about the issue under study and also to avoid any biases. This is essential because the newspapers are perceived to be State-owned (Daily Graphic), pro-government (Statesman), and (Daily Guide), anti-government (Palaver), and neutral (Chronicle).
The selection of the newspapers was also done against the background that at the time of the study they were the highly patronized in terms of readership and circulation. In the case of the Graphic, for instance, it is also reputed to be very credible among the lot and the widely circulated.
3. Working definitions
Press refers to the conventional print medium of news presentation (newspapers) but throughout this paper the terms print media, papers, media and press will be used interchangeably to convey the same meaning.
Corruption is difficult to define and according to the collated works of the 7th International Anti-Corruption Confab (1996), whole papers have been devoted to this subject alone (Peters and Welch, 1978; Johnson, 1968; Gibbons, 1990; Heidenheimer, Johnson and Le Vive, 1990 and Gardiner, 1993). However writers analyzing the different definitions of corruption, for example (Scott, 1972; Peters and Welch, 1978; Malec and Gardiner, 1987; Dolan, McKeon and Carlson, 1988) have categorized definitions into three types: These are (1) Legal corruption and this is where one’s behaviour violates set down rules and political system; (2) Public interest corruption is the situation whereby corruption exists if public trust or good is betrayed and (3) Public opinion corruption is the situation whereby corruption is socially defined. Although some writers believe that these types do overlap rather than mutually exclusive this study will work within the framework of definitions provided by:
Transparency International – The abuse of power… behaviour on the part of officials in the public sector, whether politicians or civil servants, in which they improperly and unlawfully enrich themselves, or those close to them, by the misuse of the public power entrusted to them. This includes embezzlement of funds, theft of corporate or public property, bribery, extortion or influence peddling.
The Convention Against Transnational Organised Crime , Article 8 – The promise, offering or giving to a public official directly or indirectly of an undue advantage for the official himself or herself or another person or entity, in order that the official acts or refrains from acting in the exercise of their official duties.
4. Conceptual or theoretical framework
Concepts or theories are foundations for any human action and according to Ocquaye (2004), both in the physical and social sciences, cause and effect of human behaviour should have conceptual underpinnings. For this reason, various concepts that explain corruption would be examined.
In an introduction to ‘Corruption and Development in Africa’ that they edited, Hope, Sr, and Chikulo (2000) observed that although the incidence of corruption varies among African countries, ranging from rare (Bostwana) to widespread (Ghana) to systemic (Nigeria), the majority of the countries are in the range of widespread to systemic.
According to them, where it is rare, it is relatively easy to detect and control but at the other extreme the likelihood of detection and control is somewhat minimal as an incentive and further practices are put in place to perpetuate the system.
Available literatures on corruption have assigned various factors as being responsible for its pervasiveness whether in America, Asia or Africa. Fijnaut and Hubert (2002), Alatas (1990) and Hope, Sr, (2000), have cited socio-cultural and economic and political factors; Syed (1990), cited colonial rule, expansion in state activity managed by a rapidly increasing bureaucracy, the gift and kinship solidarity while Nkembe (2003), also cited poor remuneration to workers, rigid bureaucratic procedures and existing social networks as causes of corruption.
Syed (1968) further identifies poverty, absence of severe punitive measures, absence of environment conducive to anti-corrupt behaviour and the structure of government as the other underlying factors.
He argues that three phenomena namely bribery, extortion and nepotism and a common thread running through corruption is the subordination of public interest to private aims involving a violation of norms of duty and welfare accompanied by secrecy, betrayal, deception and a callous disregard for any consequence suffered by the public.
It must be stated that there is always more than one person involved in corruption which is carried out in secrecy except in situations where it is rampant. Syed further states that there is an element of mutual obligation and mutual benefit associated with corruption while those involved usually camouflage their activities by resorting to some form of justifications and avoid open clash with the law.
The Warioba Commission appointed by President Nkapa to investigate the ‘State of corruption’ in Tanzania also identified in the case of petty corruption that those who receive bribes do so as result of their meagre incomes and low standard of living - and what they receive only helps make ends meet.
In contrast, the report said the second type of corruption involve(s) high level leaders and public servants whose involvement is as a result of excessive greed for wealth accumulation and money.
According to Syed, colonial rule in India provided the vistas for corruption in the sense that the indigenous people popularly regarded cheating on the British government as patriotic and this had a carry-over effect after independence.
Probably this explanation relates to the nationalist activities in Ghana which precipitated the 1948 riots by the retired war veterans and even presently beliefs held by people that anything which belonged to the government literally has no owner and anybody can dip their hands into them.
Wraith and Simpkins were quoted by Shaidi (1975) to criticize the fact that colonialism could not be a factor for corruption since the colonial administration never won the affection of the people. To them, if that is the case then the people are supposed to be related to indigenous governments and not turn their backs to them.
Syed further states that the expansion of the state activity managed by a rapidly increasing bureaucracy in Asia did not make them distinguish between private and public duties and often between private and public resources. Because of this failure, he asserts that corruption developed.
Related to the above could be the fact that in developing countries, there is rapid increase in the number of civil servants because government has been the largest employer. By virtue of this, there is chronic low pay and this makes people to think that a second source of income is necessary.
This argument has been criticized and Shaidi (1975) states that low wages is out of the issue because presidents, managers and the like who rule their countries and enterprises would not have resorted to corruption while developed countries would not have experienced it because their citizens are relatively paid well.
Many people in Ghana, for instance, hold the view that corruption is rooted in culture in the form of gift-giving. Consider this scenario provided by Adomako Appiah Kusi, in an article to the Ghanaian Chronicle (2005-12-31) relating to gift and corruption “…For instance, a business person giving an excessive amount of money as a wedding gift to the son of one of the most influential government officials. His money was literally a wedding gift. However, shortly after the wedding, the business person informs this government dignitary indirectly that he needs a permit to expand his business. Gift or bribe? Formally, the money was a wedding gift, but, informally, it may be interpreted as a bribe for his business”.
He continues “Take also a tribunal chairman or judge transferred to a new duty station. He gets there on Friday afternoon and the next day, someone comes to his house and presents a fattened cow or sheep to him as a welcome gift. The first day he commences duty at the bench, there is a boy charged of stealing. Later in the course of the trial the judge realizes the boy is the son of the man who bestowed him his gift. Can the trial be fair? In an era where right and wrong appear to be relative it important that we know what is gift and bribery”.
Syed (1990) lends credence to this and said the gift and kinship solidarity in Asia was related to corruption. However, Maus (1967), who investigated the issue of gift-giving in various societies, said gift-giving had several aims – excluding the acquisition of wealth in the modern sense.
According to Maus, gift-giving was to establish good relations, to show one’s prestige, to meet religious requirements and to express various means of symbolic behaviour.
Gift is different from bribe but there is no doubt that there is the element of obligation involved and the meaning one could deduce from Maus’ is that gift wounds the receiver.
Hope, Sr, points out that socio-cultural norm may be difficult to grasp in African context since such norms remain very influential forces in day-to-day African life. He said they often determine, for example, who is appointed to jobs, who is promoted, who wins government contracts and so on.
In other words, he asserts that they have a great deal to do with the organization of life, in general, and they are a major source of nepotism and corruption in public life.
He quoted (Schleifer and Vishny, 1993; Mauro, 1995) to demonstrate that there is no
stigma attached to corruption and that an index of ethno linguistic fractionalization (social divisions along ethnic and linguistic lines) is correlated with corruption.
Alatas (1990) also argues that the influence of the extended family, and tribal or family loyalties and commitments, often lead to corruption. He posits that in African countries, there is the notion that people’s identification and relationship with the state and its institutions are much weaker than identification and relationship with the family.
To Alatas, nepotism may derive from age-old customs leading to the development of relationships based on ‘connections’, custom and power and may explain the aetiological connection between gift and bribe.
The next chapter gives a historical background of evolution of the media in Ghana and a diagnostic account of corruption since independence.
CHAPTER TWO
EVOLUTION OF THE MEDIA, A DIAGNOSITC AND HISTORICAL
ACCOUNT OF CORRUPTION IN GHANA.
This chapter attempts a historical background of the evolution of the press in Ghana vis-à-vis a diagnostic and a historical account of the nature and scale of corruption since Ghana’s independence in 1957 and the methods and remedies for combating corruption. The role of the press in fighting the canker in those periods is also essential for an understanding of the nature of the issue.
5. HOW THE MEDIA EVOLVED IN GHANA
This section is looking at the history of the press from the 19th Century to date. The evolution of the media in Ghana is as chequered as its political history because by the end of the 19th Century, according to Austin (1970), some 19 papers limited in circulation to a few hundred but of high standard of journalistic writing had existed at one time or another.
What accounted for this was that these papers were perceived to be radical against the colonial administrators or post colonial governments which saw the attacks on them as petrifying.
To muzzle the press, the colonial government had to pass the Book and Newspapers Registration Ordinance in 1889 to prevent newspapers from criticizing skewed and unpopular colonial policies. The ordinance sought to ensure the compulsory registration of all books and newspapers published or in publication at the time in the country.
Ghana’s first newspaper in the 19th Century was the Royal Gold Coast Gazette and Commercial Intelligence which appeared in hand written in 1822. It was, in fact, the official colonial paper set up by the first Governor to the Gold Coast, Charles McCarthy to serve as the mouthpiece of the then colonial authority.
However the first regular and African-owned newspaper which was wholly produced in the country was James Hutton Brew’s The Gold Coast Times (1874) and later his Western Echo (1885-1887) after which several other papers such as the Accra Herald (later West Africa Herald) (1857), Gold Coast Times (1884), and Gold Coast Methodist (1885) which also later became Gold Coast Methodist Times. Other papers at the time included Christian Messenger and Examiner and Christian Reporter. There was a paper in vernacular (Ga), Sika Nsona Sanegbalo meaning Gold Coast Storyteller or Gold Coast narrator of matters, Gold Coast Chronicle (1890), Gold Coast People (1891), Gold Coast Independent (1895) and a host of others.
According to Quartey-Jones (1974), conditions during this period were a mixture of successes and failures, with long lives and short ones among the newspapers. “One or two of these…lived for only one issue and then gave up the ghost after that mighty effort”, (Ibid, page 15).
The paper which blazed the trail during the early 20th Century was the Gold Cost Leader (1902) which lasted through the first three and significant decades of this century, each of which saw far-reaching changes in the political, social, economic and educational fortunes of the Gold Coast (Ibid, II, page 2).
Quartey-Jones further asserts that the period 1890 to 1930 could be called “a golden age in Gold Coast political leadership and journalism and the short span of 1930 and 1937 being the most turbulent and most exciting in the history of the Gold Coast press up to then”. There was also the Gold Coast Guardian, the Times (1931), Gold Coast Observer (1932), Ashanti Pioneer (1939), Ashanti Times (1947), Accra Evening News (1948), Daily Graphic (1950), and Daily Mail (1955).
The 1888 Newspaper Ordinance was modified later in 1950, 1952 and 1954 but virtually remained the same since journalists such as Namdzi Azikwe and Wallace Johnson were prosecuted under the amended Seditious Ordinance Law in 1936-1937.
It is important to note that the press’ contribution to the fight for independence was enormous because it propagated the people’s sentiments and that of politicians like Dr J.B. Danquah and others who used the press to push for self rule.
Realising the enormous power of the press, especially towards the independence struggle it was not for any reason that Dr Nkrumah, for instance, set up the Evening News to achieve or enhance his political ambitions.
Although there was no explicit legislation that guaranteed press freedom in Ghana after independence, the 1960 Republican Constitution under Article 13 (1) made a provision which related generally to freedom of religion or speech and to assembly. The 1969 constitution, however, introduced explicit provisions for press freedom under Article 22.
The 1979 constitution explicitly prohibited the enactment of any laws requiring licensing for publishing newspapers and introduced the Press Commission which was empowered to take measures to preserve press freedom, and protect journalists (particularly state-owned press) from external interference, among others.
In fact this was intended to or expected to bring to an end many years of governmental control of the state-owned media and remove restrictions over the independent press but this again whittled out after the overthrow of the democratically-elected People’s National Party (PNP) government under Dr Hilla Liman by Flt Lt Jerry Rawlings in December 1981.
After Rawlings’ December 1981 coup, the third republican constitution was suspended and the media suffered terrifyingly because of arrests and threats on journalists under the Provisional National Defence Council (PNDC) regime. For instance, the Free Press, a newspaper which was critical of the flagrant human rights abuses by the government was closed down in 1983.
The operation of the press under the PNDC government according to Karikari (in Ninsin) was conditioned by the authoritarian political environment, the wide discretionary or interventionist powers of the office of the Secretary (Minister) for Information and the Newspaper Licensing Law (PNDCL 211) which gave legal backing to and systemized the arbitrariness inherent in the regime. A Castle Information Bureau (CIB) was also set up to combine oversight and elements of censorship and policing of the press (Ibid, 193).
Some journalists suffered at the hands of the PNDC government, notably Kwesi Pratt Jnr, Kweku Baako and others who were imprisoned at various times. There were also times that some newspapers had their offices vandalised and sprayed with human excreta because of their criticism of the regime.
Even under the National Democratic Congress (NDC) government, which is an offshoot of the PNDC, the media suffered considerably and that seriously impinged on its electoral defeat during the 2000 general elections. Journalists could be picked up from studios of television stations and locked up for just criticizing the government.
The NDC had an unterrupted two term in office as a government from 1992-2000 and during this period the media exposed most corrupt practices by officials in government leading to investigations and the subsequent issue of a government white paper, the recommendations of which were not heard of again.
Therefore, when the New Patriotic Party (NPP), which came to power on the back of the media took over the reins of government in 2000, it fulfilled its election promise and expunged from the statutes books the criminal libel law which tended to discourage press freedom and investigative journalism.
The 1992 constitution made provisions for press freedom and paved way for the creation of institutions such as the National Media Commission (NMC), which is tasked with improving upon performance of the media.
Karikari explains that the effect of the movement for political liberalisation on the position of the press was considerable and opened up the political space well enough for the press to function and although there was no comprehensive and reliable record on the number of newspapers and magazines licensed during 1990-93, about 34 of such existed between 1991 and 1993.
He said altogether about 40 such papers were published between 1991 and the November-December general elections of 1992. A further 15-20 newspaers, he said, were started from mid 1991 but later ceased operation.
It must be put on record that although the press enjoyed much freedom under the NPP government victims of press attacks regularly resorted to the courts to seek redress.This resulted in numerous libel suits against newspapers some of which suffered huge financial damages. Some of these, it was believed, were intended to collapse the papers involved because they could not pay the huge fines.
Maybe, this goes to reinforce the point by Ninsin that there is no government, if it gets the chance, would not control the mass media, and that it is up to the judiciary to be courageous and protect the public interest.
6. HISTORICAL AND DIAGNOSTIC ACCOUNT OF CORRUPTION IN GHANA
Corruption has repeatedly been cited by the country’s military as reason for seizing political power. Corruption has become an endemic problem in Ghana and has played a debilitating role in not denting the legitimacy of government but also retarding development, Asibuo (1991).
Indeed, all the military take-overs in Ghana had cited corruption in the form of nepotism, bribery, embezzlement and the abuse of office in both the public and private sectors of the economy as their main reasons for overthrowing democratically elected governments.
Ever since Ghana gained her independence there has been lots of talk and complaints about the problem of political and administrative corruption but press or media coverrage of it has been far from an easy task.
Le Vine (1975) said it remained undiminished six years after the collapse of the Nkrumah regime that the country’s leading newspapers and journals were still filled with reports of corruption and discussions of causes, effects, and cures; and the Busia government, which succeeded the National Liberation Council (NLC), appointed its own special commission to look into the problem in its broad aspects; and no week pased in which the Ghanaian officials at all levels of government, religious leaders and heads of other organisations, and various publicist… failed to discuss the matter of corruption andcaution or preach againsy it.
Succesive governments, whether military juntas or democratically elected, produced several allegations of grand corruption, theft of public property, cronyism and other illicit acts of governance against their predecessors. For instance, the NLC, after overthrowing the Nkrumah government in 1966, suspended developemnt projects, released political detainees and investigated acts of corruption in Nkrumah’s government.
The military’s image as a champion of public morality, according to Le Vine, however suffered one rather sharp setback after the coup when in April 1969 it was revealed that no less a person than the Chairman of the NLC, Gen Joseph Ankrah, had wittingly sanctioned a covert collection of moneys on his behalf for his own candidacy as president. An embarrassed NLC forced Gen Ankrah to resign and he was replaced by Brig. Gen. A . A . Afrifa.
The level of corruption in the state reached such alarming levels that the new NLC after several agitations had to be placed through national elections in 1969 which brought the Progress Party to power under the leadership of Dr Kofi Abrefa Busia. Busia’s government also suffered from the same accusations of corruption and was subsequently overthrown in another military coup in 1972 led by Colonel I.K.Acheampong as head of state.
Colonel Acheampong’s National Redemption Council (NRC) incurred the displeasure of Ghanaians prompting people including students to go on strikes and demonstrations. Facing imminent danger, Acheampong reacted by dissolving the NRC and replacing it with the Supreme Military Council (SMC). But that did not solve the problem and some of its members embarked upon a palace coup to throw out Colonel Acheampong’s SMC replacing it with SMC II..
In June 1979 Flt Lt J.J.Rawlings entered the political scene through yet another military junta to form the Armed Forces Revolutionary Council (AFRC). Rawlings’ AFRC thought that corruption and graft were the major causes of Ghana’s economic and political crises and therefore provided the catalyst for the army mutiny of June 4,1979. Although the AFRC did not complete its ‘house cleaning’ mission it handed over power to a democratically elected government of Dr Hilla Liman’s PNP after elections held on June 18 that year.
Not satisfied with the turn of events in the country after handing over to Dr Liman, Rawlings accused the government of gross corruption and economic stagnation after overthrowing it on December 1981. That Ayee (1994) said was after corruption had got to a head with the national chairman of the PNP, Okutwer Bekoe, being implicated in a bribery scandal involving the receipt of moneys from South African sources.
This time Rawlings’ government, the Provisional National Defence Council (PNDC) when it took over, tasked itself to impose a new system of justice by establishing the People’s Defence Committees (PDCs) and Workers Defence Committees (WDCs) to check corruption. These instutitions were later renamed Committees for the Defence of the Revolution (CDRs) in order to bring them under some degree of control since they were getting out of control.
The PNDC, which metamorphosed into the National Democratic Congress (NDC) party and won the 1992 general elections constituted the Consultative Assembly to draw up the 1992 Constitution. The Constitution included a Code of Conduct for public officers to check widespread belief in corruption and official wrongdoing. Captured under chapter 24, the code covers conflict of interest, declaration of assets and liabilities, and an institution to handle complaints about contravention but there has been a problem with enforcement and implementation of the code up to date.
With the return to democratic rule in 1992, the NDC government repealed the Newspaper Licensing Law to pave way for the establishment of independednt media, most of who embarked on a campaign to eradicate corruption .
The Commission on Human Rights and Administrative Justice (CHRAJ) and Serious Fraud Office (SFO) were established in line with the 1992 Constitution to respectively handle issues relating to maladministration and malfeasance and the promotion of human rights and investigation of cases of financial loss to the state or any state organization and any organization in which the state has interest.
The NPP government, like all its predecessors also embarked upon a massive investigation of the NDC government some of whose functionaries were tried by the Fast Track Courts ( their establishment generated lots of opposition and litigation in the court) and sentenced to various terms of imprisonment. A few others including Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), are still standing trial for allegedly causing financial loss to the state.
President Kufuor in July 2003 fulfilled his election promise of zero tolerance for corruption by setting up the Office of Accountability in the Presidency. The office was mandated to ensure accountable stewardship, honest and transparent service delivery and avoidance of any practices that could be perceived as corrupt.
However, the public and various anti-corruption agencies have accused the government of corruption and not making any serious attempts to address the problem. This, maybe, reached its apogee, especially when allegations and media reports became rife that President Kufuor had been engaged in a hotel purchase.
The Ghanaian media broke the strory in mid 2005 that President Kufuor was involved in that hotel deal. What generated the alleged scandal was that the hotel in question was situated or shared a boundary with the President’s private residence. Months later after the exposure, the Chief of Staff and Minister of Presidential Affairs, Kwadwo Mpiani denied in a statement to the media that the President had not sought to buy any hotel. Earlier, however, the Press Secretary to the President, Kwabena Agyepong had indicated that the acquisition of the hotel which was near the President’s private residence was intended for a hotel by Chief Kufuor, son of the President, as purely a private transaction.
The next chapter presents the data and their analysis.
CHAPTER THREE
This chapter is devoted to presentation of data. It is necessary to point out that the study focused on how corruption issues are reported by the Ghanaian media with a focus on selected newspapers namely Daily Graphic, Ghanaian Chronicle, Daily Guide, Palaver and Statesman for a three-month period from September to November 2005.
Basically there were no special criteria for selecting stories and therefore all stories relating to corruption were covered. Distinction was not made between general corruption cases such as comments on the issue by people, corruption reports from foreign countries and feature articles and specific corruption reports. These stories were mostly intended as commentaries and a comparison of the Ghanaian situation.
Other stories were used to make analysis of election results, especially bye-elections in which the ruling party lost.
There are also specific reports on alleged cases of individual corruption either by politicians or public office holders such as civil/public servants. Such reports are very likely to be most effective in controlling corruption because of their impact on the general reputation of those involved and their relations with political parties or their office. The implications of these shall be dealt with in my analysis.
The presentation is done according to the number of stories published with dates, the category within which the stories fall and nature, which I grouped as political, public/civil service, private sector and others.
7. PRESENTATION OF DATA
THE DAILY GRAPHIC
The Daily Graphic is published by Graphic Communications Group Ltd. which also publishes the Mirror, Graphic Sports, Graphic Showbiz and Junior Graphic. Graphic Communications Group Ltd. is Ghana's leading Newspaper Publisher. Although state-owned, the organization can be said to be independent of any governmental control and is not under government subvention. It has as a policy to propagate the views of the state and its development.
Graphic Communications Group Ltd. does not only publish Ghana's leading newspapers, it also publishes books, makes exercise books and labels for Ghanaian and foreign products.
Corruption stories published by Graphic according to dates:
September: 2, 5, 12, 17, 19, 27, 29, 30 = 8
October: 1, 11, 18, 19, 19, 20 = 6
November: 1, 1, 8, 14, 16 = 5
Total stories for period = 19
Category and nature of report:
Political: President Obasanjo submits to bribery probe; Auditor-General clears Addo-Kufuor, MP and Minister of Defence; President Mbeki on African Peer Review and corruption, CHRAJ says Report on President Kufuor’s alleged involvement in hotel purchase is ready; Ghanaian Speaker of Parliament urges African governments to deal with corruption.
Public/Civil service: 200 million cedis fraud exposed - GES official on the run; Parliament to summon MDAs before its Public Accounts Committee over the loss of 243.44 billion cedis; Five Forestry Commission officials fired for fraudulent deals; Three held over fraud at Controller and Accountant General Dept (CAGD); Return of 757 million cedis stolen from CAGD by an official; Another fraudulent deal of 702 million cedis exposed at CAGD; another 2.2 billion cedis scandal rocks CAGD ; more revelations at CAGD.
Private sector: Bank fraud of 130 million cedis involving a staff of the ADB; GCB staff in court for stealing money belonging to customers.
Others: A feature article on corruption and African development, story on worst corruption offenders in the world; panelists call for a ruthless approach to fighting corruption in Africa.
GHANAIAN CHRONICLE
The Ghanaian Chronicle is an independent newspaper set up by Nana Kofi Coomson, a renowned Ghanaian journalist. Published by Chronicle Media Limited this paper which comes out three times a week was set up to fight the wrongs in the society during the military regimes especially the PNDC and has greatly contributed immensely to the development of the Ghanaian economy. It has not diverted or changed its policy of fighting societal ills and is seen by many people as remaining neutral to its policy of non alignment.
Number of stories in September according to dates: 6, 7, 8, 14, 21 = 5
October: 7, 12, 19 = 3
November: 3, 8 = 2
Total: 10
Category and nature of report:
Political: Minister of Roads and Transport cited in loot at KMA; Minority Leader slams government on corruption; Minister of Defence cited in KMA loot; Western Regional Minister in 100 million cedis bribery scandal; Presidential aspirant says he would be brutal on corruption.
Public/Civil Service: Law School director probe told that 3.8 billion cedis HPIC cash paid for books not supplied; Illegal withdrawal of cheques at GBC;
Others: Transparency International report says corruption worsens in Ghana than Nigeria; Financial Times of London’s November report on corruption.
GHANA PALAVER
The Ghana Palaver is a bi-weekly newspaper published by Revalap Publishers and Suppliers Ltd. It used to be a pro-government newspaper during the NDC regime propagating the government’s policies. Currently it has shifted it paradigm to anti-government because the mantle of leadership has changed and its managers are out of power. It has been waging a crusade against the government in terms of its stories published.
Number of stories in September according to dates: 6-8, 9-12, 13-15 = 3
October: 7-10 = 1
November: nil
Total: 4
Category and nature of report:
Political: Sefwi Wiawso under - siege queen turns down 100 million cedis government bribe of; a front page commentary comparing Presidents Kufuor and Obasanjo on corruption; son of President Kufuor cited in another deal involving $38 million for a national ID project, and a bye election analysis linked to hardships and lies of ruling government.
DAILY GUIDE
The Daily Guide is an independent newspaper published by Western Publications Ltd and is related to a leading politician in the minority opposition CPP. However the paper has recently been seen as belonging to the right and devoting itself to promoting the policies of the ruling government. This can be explained by the fact that the politician even though belongs to the minority political parties has aligned himself with the ruling government. The paper seems to be breaking the front of the opposition especially the largest opposition NDC party.
Number of stories in September according to dates: 2, 28 = 2
October: 19, 28 = 2
November: Nil
Total: 4
Category and nature of report:
Political: Vice President not in deal; more Abacha loot found; Ghana stands still in corruption index; Kufuor cleared of dollar gift.
STATESMAN
The Statesman is an independent rightist newspaper published by Statesman Communication Company Ltd. When the current government assumed the reins of power it turned out to be a pro-government paper propagating its policies. It was owned by a prominent politician in the ruling government but it seems to be under a new management which holds the same policy as its predecessor. It is a bi-weekly newspaper.
Number of stories in September according to date: 1 = 1
October: 30 = 1
November: nil
Total: 2
Category and nature of report:
Political: $25 million internet fraud story involving Vice Presidents of Ghana and Nigeria and a US congressman; corruption is systemic but NPP is better- according to two reports.
8. ANALYSIS OF DATA
This section is devoted to the analysis of issues raised and which is common to either all of the newspapers or any of them. This will be done against the backdrop of the following objectives:
(1) Whether there have been sufficient media exposures of corruption
published in the past three months and what was the nature of these exposures and those involved?
(2) Were the stories serious attempts to root out corruption or not?
(3) What was the effect of these exposures with regard to public
attitude, legislative reform, and/or judicial administrative action?
Whether there is any relationship between ownership of newspaper
and the nature of stories carried.
The issue of whether there have been sufficient media exposure and the nature of the stories had been addressed already in the preceding chapter, therefore, what will be done in this section is to analyse the relationship between media ownership and the nature of stories carried. This is, of course, with recourse to issues which are either common to all the papers or some of them.
Furthermore, consideration will be given to whether the stories were serious attempts to root out corruption and the effect of the exposures with regard to public attitude, legislative reform, and or judicial administrative action.
The Chronicle and Palaver both reported on a similar story bordering on a chieftaincy issue in the Western Region of the Country. The Chronicle’s story (September 21, 2005) bore the headline “Minister in 100 million cedis bribery scandal - Western Regional Minister Joseph Boahene Aiddo accused. The paper reported that the queen of the Sefwi Wiawso Traditional Area was paid that bribe by the minister in order for her to rescind her decision to destool the paramount chief.
The Palaver also carried the same story ( September 9 – 12, 2005) under the headline “Sefwi Wiawso under siege- Queen turns down 100 million cedis government bribe and according to the story the Ashanti Regional Minister Mr S.K Boafo attempted to bribe the queen and the rest of the story did not have any bearing on the headline. The various papers sort of slanted their stories basically to link the chieftaincy issue to politics. This goes to explain how far politics has gone, especially when the area is considered to be an NDC stronghold.
Press reportage on the Transparency International Corruption Index was also reported by almost all the papers under study. The Chronicle report of October 9, 2005 was under the heading “Corruption, Ghana worsens and Nigeria improves” while the Daily Guide reported on the same day under the heading “Ghana stands still on corruption index”.
The Statesman carried the story in its issue of October 28-30, 2005 under the heading “Corruption is systemic but NPP is better – Two surveys show”.
The contents of all the stories were, in fact, the same except that the papers embellished them depending on their policy or allegiance to the government by using certain words and adjectives in contrast of the NDC government. This is where, maybe, the issue of ownership comes to play.
It was obvious that stories carried by the Chronicle, for instance, were basically political stories which were either against government officials or political figures in the opposition except two stories on the Ghana Broadcasting Corporation (GBC) impasse of stolen money and the Committee of Enquiry into affairs of the former director of the Ghana School of Law.
In the case of the Palaver which is perceived to be the mouthpiece of the opposition NDC, the stories were very critical and hard hitting on the government and at times the contents of the stories had no bearings to the headlines.
It is indicative to know that the Daily Guide, perceived to be a pro-government paper did not report on any meaningful specific corruption stories and the few which were reported were actually limited to what I will term as ‘damage repair stories’ to debunk what had been written by the other papers. Typical examples go like“Veep not in $25 million deal” and “Kufuor cleared of $250,000 gift”.
These were stories linking the Vice President of Ghana; Alhaji Aliu Mahama to a business deal of $25 million with US Congressman William Jefferson and Nigerian Vice President Alhaji Abubarkar Atiku.
The Congressman led a delegation to Ghana in July 2005 with the promise to invest the money to establish a project to provide a super highway Internet services. The deal was reportedly investigated by the Federal Bureau of Investigations (FBI). The story was actually played down.
In the report on President Kufuor, he was alleged to have given a bribe of $25,000 to the Zimbabwean opposition party, the Movement for Democratic Change (MDC) when its leader Morgan Tsvangirai visited Ghana.
Daily Guide reported that the President had been cleared of the allegation just because the Minister of Information, Dan Botwe had taken exception to what it described as the reckless breach of professional ethics by media organizations which picked stories from the Internet.
The Statesman, also perceived to be the mouthpiece of the ruling government also did not engage in many corruption stories and its style was like the Daily Guide.
The state-owned Daily Graphic, however seemed to have engaged in more corruption exposures as it reported the highest number of specific cases during the period under study. In fact the majority of its stories related to corruption in the public/civil service with a few political corruption stories which were not specific exposures.
The rest of the stories related to the private sector as well as other general corruption stories or feature articles of corruption on Africa.
When the issue about the President’s acquisition of the hotel came up, for instance, the Graphic played it ‘diplomatic’ by not wading into the storm until later when there was the need to embarked on some ‘damage repair’ activities by giving prominent attention to some stories.
* Were the stories serious attempts to root out corruption or not?
*What was the effect of these exposures with regard to public attitude, legislative reform, and/or judicial administrative action?
Although corruption stories carried by the papers over the period fell under general and specific cases the specific cases constituted just a tip of the iceberg. But they created the awareness and heightened public sensitivity that corruption is rife in Ghana. They also sent the signal that something should be done about the canker and that is where the general stories came to play. The stories were recipe for early morning radio discussions across the country during which listeners contributed to phone-in programmes.
Ghana, according to Transparency International (TI), was ranked 65 amongst 159 voluntary countries which were included in its 2005 Corruption Perception Index (CPI) with a score of 3.5 out of 10, although a drop from the 2004 figure of 3.6.
According to the TI findings, the Ghanaian police and Customs Excise and Preventive Service (CEPS) were more corrupt than political parties and that the 10 most corrupt sectors with scores of five being exceedingly corrupt were police (4.7), CEPS (4.2), political parties (4.1), legal system/judiciary (3.8), utilities (telephone, electricity and water) (3.7), tax revenue agencies (3.7), education system (3.5), business/private sector (3.2), registry and permit service (3.1) and the media (3.1). And it was obvious from the report that corruption affects the political life than the business environment or respondents own life.
However an analysis of the TI corruption index vis-à-vis the media reportage on corruption seems to suggest a different picture because there was no such correlation in the stories published and the report.
What may account for this disparity could be the methodology and respondents used by the TI in its report; mainly the business community and investors who deal and relate directly with these institutions in their everyday activities. This argument is partially shared by Daniel Batidam, Executive Director of the Ghana Integrity Initiative (GII); the local chapter of TI when he said the survey reflected the perceptions of business people, academia and risk analysts. The GII engages in advocacy and public awareness/education on anti-corruption and good governance. It also has a mutual relationship with the media.
Furthermore it can be said that the press basically tasked itself with exposing only political corruption to the detriment of petty corruption or corruption within the security services as revealed by the TI report.
This shortfall notwithstanding it can be said that the media stories on public corruption have been very helpful on the incidence of corruption. For instance as has been stated already it engenders public perceptions and actions and creates a forum for public discussions which somehow influences people’s choices in political participation, particularly general elections. Some Members of Parliament were believed to have lost their seats because of media allegations of corruption against them. During the last general elections, for instance, a NPP MP and Minister, Alhaji Moctar Bamba was believed to have lost because of serious media allegations of corruption against him. He was alleged to have engaged in illegal car deals among others. It must be noted that during his vetting by Parliament for ministerial position there were doubts about his academic credentials but he got the nod eventually. And so when the deals were uncovered the media and his political opponents used it to his disadvantage leading to his defeat in the parliamentary elections when he sought for re-election. This could also explain why maybe he was not appointed to any ministerial position the next time.
Because of the media stories on corruption the general perception had been that politicians are corrupt and that everybody enters politics to amass wealth. This has created a bad image for politicians who are perceived as caring only for their stomachs.
Most of the corrupt practices concerning public/civil servants were prosecuted but those which involved government functionaries have always been brushed aside, except political opponents, with the explanation that adequate evidence had not been provided. Former government functionaries were readily investigated and prosecuted for alleged corrupt practices committed while in office. This has been the trend throughout Ghana’s political history since independence. Political opponents have always been perceived as corrupt by their successors.
In most instances governments set up commissions to investigate their officials accused of corruption but nothing came out of that and particularly during the PNDC regime. For this reason many people find the Justice Abada Committee of Enquiry set up by the Attorney General to investigate allegations of wrongdoing on the part of the Director of the Ghana Law School, Mr Kweku Ansah-Asare as a face saving gimmick by the NPP government to find a scapegoat since serious allegations against ministers had been ignored by the President who asks anybody with any such allegations to go to the police to report them.
One then wonders the essence of the Office of Accountability set up by the President in the Presidency.
It is worthy to mention that at the time of writing this paper, the CHRAJ had begun hearing into allegations of corruption leveled against the Minister of Road, Dr Richard Anane when he was the Minister of Health. He is alleged to have caused financial loss to the state through some payments he made to his foreign wife.
President J.A. Kufuor, according to a story by the Daily Graphic had submitted himself to the CHRAJ for investigations into the allegation made against him over the use of state resources for private gain. Maybe this is an attempt by the President to save his name and that of his government in the face of statements attributed to him that his government was not corrupt and that corruption had been a time tested tradition since the time of Adam, the first man created by God. President
Kufuor was reported to have said that his government's policy of zero tolerance for corruption was not mere rhetoric and at the behest of CHRAJ he asked his lawyers to respond to questions raised by the Commission in respect of the allegation. In July 2005, CHRAJ announced it was investigating the matter to find out if undue process had been exerted in the acquisition of a hotel by the President's son, Chief Kufuor (cf Daily Graphic, 30/1.06).
In fact events preceding the national congress of the ruling party, especially revelations by the party Chairman, Harona Eseku, alluding to the taking of kickbacks to projects at the Presidency dealt a serious blow to the President’s slogan of zero tolerance for corruption coupled with the President’s own statement that anybody with information on corruption against his government must come up with the proof or hold their peace.
It is believed that the NPP Chairman who was contesting to retain his position at the recently held party congress would have lost if he had not withdrew from the contest at the last minute because he ‘opened’ his mouth unnecessarily too wide.
Politicians also try to use the media either to serve their people as well as exposing wrongdoing by their opponents or defending themselves with it. Journalists who expose wrongdoings and corruption on the part of some government officials have relied on rival politicians. When the government was about to contract a huge loan from the International Financial Corporation (IFC) the transaction was stopped when the opposition minority fed the media with information that the source was dubious.
It is for the reason that some politicians use the media to defend themselves that some of the stories which had not been used at all are later written to repair the damages caused by the other papers. Of course, some of the politicians also own some of these independent papers. Rumours have circulated in Ghana that there are even some journalists who are on the payroll of certain politicians and such journalists go all out to libel or malign their ‘masters’ opponents.
The media and anti-corruption agencies such as the CHRAJ, SFO and even the police have some kind of a mutual relationship in which the latter relied on the former for information and the former using the latter to send out information they want to get to the public. Maybe it for this reasons also that the media did not consider the police as a target of corruption.
To test the mandate of the SFO over the hotel Kufuor saga, for instance, the Daily Graphic interviewed the Office which stated that it had no mandate over the issue since the transaction was not financial loss to the state. “The mandate of the SFO is to investigate cases of fraud that caused financial loss to the state and agencies such as the police could take it up”, an Assistant Director of Investigations told the Graphic (cf Daily Graphic May 25, 2005 pg 1).
CHAPTER FOUR
9. The media’s role in curbing corruption
This chapter deals with how the media can effectively combat corruption. The media's role in curbing corruption is complex but this is not to say that the task is insurmountable. It is useful to look at many aspects of how the media works, media ownership, the pay of journalists, the newsroom budgets for investigative journalism, and also at bribery within the media.
The success of the media's anti-corruption work also depends largely on non-media developments such as embracing the existence of press freedom laws, fair and strong judges, courageous public prosecutors and the overall development of an environment that permits the media to serve as an effective public watchdog.
In an environment whereby the media is not free from governmental control and censorship it is difficult for media practitioners to do their work. People will fear for their lives in releasing information to journalists who will themselves be afraid to publish because of the repercussions. This aside the media should be relentless in their exposure of corruption because they are the most effective weapon to controlling the canker.
Ayittey (2000) said the media exposure of the problem is the most effective resolutions to fighting corruption in Africa. According to him, this is normally done through the media (newspapers, magazines, radio and TV), public for a (conferences, seminars, workshops and speeches), and by civil society. (That is the business of intellectuals, journalists, editors and writers. Maybe, the argument by Ayittey is given meaning by the Ghanaian proverb which literally translates that ‘if you make public your disease you are likely to find a suitable diagnosis’.
Exposing corruption will be impossible when there is censorship, brutal suppression of dissent, and state ownership or control of the media.
Ayittey, for instance, suggests that to solve the problem of corruption in Africa, the first step is to take the media out of the hands of corrupt and incompetent African governments. This is a far situation in Ghana.
Journalists who expose corrupt practices should not be the target of government officials and politicians. To make their work more fulfilling it should be incumbent on the public authorities to take up the issues raised and act upon them. Those which have ample basis for indictment should be pursued and the courts should also be fair and courageous in handling the cases to serve as deterrence to others.
In addition, it is required that the media is assisted in this task by the whole community since investigative reporting hinges on collaboration and as Terttu Utriainen, Professor of Criminal Law at the University of Lapland, Finland says “When the media are working well to prevent corruption, they employ investigative journalism to reveal inequities, and violations and, in an educational sense, reinforce social values that reduce the incidence of corruption in government and business”. He argues that in making their case against corruption and trying to shape public opinion to pressure the government, the press relied on the opinions of community leaders, NGO heads, religious leaders and party officials, among others.
In order to allow for the free release of information and also to prevent speculations and sensationalism there is need for Whistle Blowing and Freedom of Information laws to be passed to check any abuses in the system and also to compel people to give out information. In this way, the interest of whistle blowers will be protected.
Anti-corruption agencies such as the police, SFO, CHRAJ and the judiciary, which assist the media to function effectively, should all be empowered in order for them to embark on their duties since that could not be left on the shoulders of the media alone. It is for this reason that one agrees with Bright Blewu, General Secretary of the Ghana Journalists Association (GJA) that the government should expedite action on the passage of the Freedom to Information Act to facilitate public access to information about its activities.
Charity, it is argued, begins from home and for this reason media institutions should put their houses in order before tackling the issue of corruption in the society. Adequate budgetary allocations should be made available to journalists to enable them to embark on investigative journalism since it is an arduous task which requires a lot of time and resources for one to move on. It is only when this happens and budgets are made available in the news rooms for this purpose that journalists may resist the temptations of taking inducements or bribes to kill stories. Coupled with this should be a good pay and incentives packages for journalists.
The independent media has a crucial role to play as far as corruption is concerned and it is relevant that the independent media should be fair and not align themselves with any political party or figure. The situation whereby most journalists do not distinguish between politics and journalism and take very entrenched positions with various political parties is dangerous and will not augur well for the fight against corruption.
Amos Safo, Editor of the Public Agenda corroborates the point above when in an article on advocacy journalism he quoted Philip Meyer (2003) that in some countries, journalists have grown so close to their government and corporate sources that their reporting resembles a conversation among powerful insiders more than an effort to watch over government and business on behalf of citizens. According to Safo, Meyer adds that media consumers are often overwhelmed by the amount of information in the mainstream media; information which in many cases simply assault their senses but does little else. “Anyone could simply open the pages of some so-called newspapers such as The Ghanaian Democrat, the National Democrat, The Ghana Palaver, The Lens etc and the wisdom of Meyer’s argument would make sense”, he adds.
10. CONCLUSION
It must be pointed out that what the media publishes is not the truth and might be just a tip of the iceberg; it creates a lot of awareness and put to test the mandate of the various anti-corruption agencies prompting investigations by official agencies. This view is corroborated by Rick Stapenhurst that even if it usually does not result in the ouster of a public official or bureaucrat, hard-hitting reporting sometimes provides the initial seed that prompts official bodies to launch formal investigations of their own (World Bank Institute)
Sometimes too, he said, journalists stories can play critical role in reinforcing the effectiveness of the public anti-corruption bodies- even when the stories in question are not, strictly speaking, investigative reports that reveal wrongdoing of some kind.
In the case of Ghana, for instance, when the ‘hotel Kufuor’ issue came up the SFO stated that it did not have the mandate to investigate the matter. However, the CHRAJ took up the issue and in October the CHRAJ boss Ms Anna Bossman was reported to have told journalists that its initial report on the matter was ready and when finalized it would be made public (cf Daily Graphic October11, 2005).
While admitting that the Ghanaian media had done appreciably well by ensuring accountability some of the issues raised could be exaggerated and as the Ghanaian Chronicle, December 1, 2005 reported the General Secretary of the GJA, Bright Blewu, “wholeheartedly admitted that the way corruption issues continue to be splashed about in the media is sometimes agonizing”. According to him, it gave one a false sense of increased corruption in our society, and this might not necessarily be the case.
To him, the increased coverage of corruption may be a result of the freedom of speech and decriminalization of it. This role of the media is in line with not only the constitutional responsibility to hold governments accountable to the people, but also in response to public demand for transparency under the current political dispensation.
While it must be said that the press did appreciably well in their fight against corruption they lack adequate technical capacities. The private press has great prospects but quite a number of its outlets have a very weak production base and are therefore not able to give of their best. They are burdened with high cost of production and inadequate advertising. With the low level of the average Ghanaians purchasing power, publishers are not able to sell as many of their newspapers as they would like to and this has also accounted for why some of the newspapers have intermittent short span on the news shelves. Some also cannot come out regularly due to technical problems.
It was clear that the state-owned Daily Graphic did not carry many reports relating to specific political corruption and where it waded in the mud that was the result of follow-ups to sort of rest the matter. This is not to say that the paper operated under any pressure or influence from the executive. The paper did exceptionally well in exposing corruption in the public/civil service.
Since the repeal of the Criminal Libel Law in Ghana private papers had been courageous enough to expose corruption and because journalists cannot be sent to jail for any lapses, those people who think they had been maligned through libelous stories often resorted to the courts to seek exemplary damages which many of the papers involved found it difficult to pay.
In spite of that journalists should engage in serious advocacy journalism in order to improve the community’s capacity to act on the news. They should not be threatened and since they use a measure of good sense about what they report on their employers and superiors and even the public will support them.
Media institutions should always make financial commitment to enable investigative journalists embark on their work.
It will be important that the anti-corruption agencies and the government also act on corruption stories published by the media. Since corruption scandals frequently involve government procurement of goods and services anti-corruption reforms should not only aim at reducing malfeasance but also improve its efficiency of purchasing decisions. Although the passage of the Public Procurement Act and the Financial Administration Act is in the right direction they will have the needed bite to control corruption in the public sector if the government remained transparent in all official transactions. This will go along way to boost public trust and confidence in the government.
11. References:
Amnesty International (1996): Annual Report.
Asibuo, S.K, (1991): The role of anti-corruption agencies in the fight against corruption –The case of the Serious Fraud Office.
Ayee, J. R. A. (1994): A Decade of Public Accountability under the PNDC Government in Ghana, Research Review 10 (1 and 2).
Ayittey, G. B. N in: Hope, Sr, Kempe Ronald and Chikulo Bornwell. C. eds. (2000): Corruption and Development in Africa, Lessons from country case studies, Antony Rowe Ltd, Wiltshire.
Austin, Dennis (1970): Politics in Ghana 1946-1960, Oxford University Press, London
Burnham, David (1977): The role of the media in controlling corruption, Criminal Justice Centre Monograph # 3.
Cockcroft, Laurence (October 1998): Transparency International working paper, Berlin.
Cyril Fijnaut and Leo Huberts (2002): Corruption, Integrity and Law Enforcement, Kluwer Law International.
Hope, Sr, Kempe Ronald and Chikulo Bornwell C. eds (2000): Corruption and Development in Africa, Antony Rowe Ltd, Wiltshire
Johnston, Michael (2005): Syndromes of corruption: Wealth, power and democracy, Cambridge University Press
Jones-Quartey, K. A. B (1974): A summary history of the Ghana Press (1822-1960), The Ghana Information Services Department.
Karikari, Kwame: in Ninsin, Kwame A ed. (1998): Ghana: Transition to Democracy, CODESRIA Book Series
Le Vine, Victor (1975): Political corruption: The Ghana case, Hoover Institution Press, Stanford University, California.
Maus, Marcel (1967): The Gift translated by Ian Cunnison, W. W. Norton, NY.
Meyer P. (2003): Public Journalism and the Problem of Objectivity.
http://www.unc.edu/~pmeyer/ire95pj.htm
Ninsin, Kwame A. ed. (1998): Ghana: Transition to Democracy, CODESRIA Book Series
Nkembo, Edward Jorgrucs Kassanga (2003 MA Thesis), Corruption in the Public sector in Tanzania: An assessment of the government efforts against corruption under Nkapa regime
Ocquaye, Mike (2004): Politics in Ghana 1982 – 1992, Tornado publications, Accra.
Rose-Ackerman (1999): Corruption and Government- causes, consequences and reform, Cambridge University Press
Shaidi, Leonard Paul (1975): The problem of corruption in Tanzania, LLM theses to the University of Dar es Salaam.
Stapenhurst, Rick, (Internet material): The role of the media in curbing corruption, World Bank Institute working paper.
Syed Hussein Alatas (1968): The Sociology of corruption, the nature, function, causes and prevention of corruption, Donald Moore Press Ltd, Singapore.
Syed Hussein Alatas (1990): Corruption: Its nature, causes and functions, Gower Publishing Company Ltd, England.
United Nations (1988): International Bill of Human Rights (40th Anniversary Publication), New York
United Nations (1996): International Anti-Corruption Confab, Collected Works, Hong Qi Publishing House.
Warioba Commission (1996): Country Report on the State of Corruption in Tanzania,
Dar es Salaam.
PAGE 28
PAGE 1
Tuesday, April 03, 2007
Monday, March 26, 2007
LAWYER FOR Jailed Minister MOVES COURT FOR BAIL
COUNSEL for Dan Kwasi Abodakpi has movbed moved the Accra Fast Track High Court to admit his client to bail because his appeal pending at the Court of Appeal had a great chance of success.
Moreover, he said, Abodakpi was law abiding and did not flout the bail condition which was granted him during his trial, while he was a first offender and needed to be treated leniently.
Mr Charles Hayibor made the plea when he presented an application for bail pending an appeal against the court’s 10- year sentence of the man who is the sitting Member of Parliament (MP) for Keta.
The prosecution will respond to the application on March 29, 2007 and if it is upheld, the MP can go back to represent the interest of his constituents and the Minority in Parliament.
The former Trade and Industries Minister was on February 5, 2007 sentenced to a 10-year jail term with hard labour by the court after being convicted on all seven counts of conspiracy, defrauding by false pretences and wilfully causing financial loss of $400,000 to the state.
Abodakpi was said to have, between May and December 2000, acted, together with the late Victor Selormey, who was a former Deputy Minister of Finance and Economic Planning, Dr Frederick Boadu, a consultant, and other persons with a common purpose, to wilfully cause financial loss of $400,000 to the state through the Trade and Investment Programme (TIP).
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project which was meant to enhance the export of non-traditional products.
They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the National Democratic Congress (NDC) administration when they co-chaired the TIP.
The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of wilfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted self-recognisance bail.
Selormey, however, died in the course of the trial.
Mr Hayibor said his application was based on the provisions of Section 33 (1) of the Courts Act and Section 96 of the Criminal Procedure Code Act 30, both of which related to the granting of bail to an accused person pending an appeal.
He said the defence was dissatisfied with the court’s judgement and it was its humble view that there were exceptional grounds which justified the application.
For instance, counsel said, the applicant had been a sitting MP since 1993 and during his trial he never flouted the bail conditions, while he had no means to leave the country if granted bail.
“There were certain aspects of the judgement which we disagree with and has occasioned the appeal, with the hope that the Court of Appeal will look at what we call error of law.
“It is quite possible that when the chips are down our appeal has a great chance of success because this court did not consider the defence in deciding the matter,” he said.
Mr Hayibor said the contention of the defence was that the court did not consider the burden of proof on the prosecution and for that matter there were merits that the Court of Appeal had to consider.
According to him, there had been material conflict in the evidence which was not captured in the judgement because a prosecution witness had told the court that proposals were not paid.
That, he stated, was in conflict with what another witness said, that proposals were paid.
He said the court ought to have taken into account all the evidence before it but that was not done, since it only looked at that of the prosecution.
Counsel still maintained that his client never authored any payment for a feasibility study and that a letter which Abodakpi wrote and which could have aided the court to ascertain whether or not he applied for payment for a feasibility study was not made available to the court.
“A prosecution witness told the court that that letter was with the police and at the end of the trial that letter was not provided,” counsel stated, adding that “that issue remains unresolved because of the failure of the prosecution to produce that letter”.
He said it behoved the court to have indicated how the ingredients of conspiracy were established by the prosecution because at no material time did Abodakpi write to Selormey to pay for a feasibility study.
“Selormey acted on his own. That answer will continue to be in limbo, once he is dead,” counsel said, and indicated that the court, in its judgement, even stated that it was Selormey who made a representation to the bank for payment.
As to whether a study proposal was paid for or not, counsel said another prosecution witness told the court in the affirmative and even stated the minimum payment of $150,000.
Similarly, he said, the judge did not consider evidence adduced by all the witnesses who were called by Abodakpi.
When counsel said the conviction was not necessary because the money for which the case was prosecuted had been frozen, the judge took offence and intervened.
“Go and read what PW (prosecution witness) 1 said. What you are saying is not the truth. Dr Boadu authorised the disbursement of the money to various companies and people.
“Don’t let people disturb me because they go and say on radio that the money is at the bank but the judge sentenced him when a witness told the court that the money had been disbursed,” he said.
Tempers, however, settled when counsel explained that a statement of account which was tendered by the witness indicated that the account was frozen.
Mr Hayibor said the 10-year sentence was an excessive exercise of discretion because if all the factors raised by the defence had been considered, the judge would not have imposed that sentence.
Moreover, he said, Abodakpi was law abiding and did not flout the bail condition which was granted him during his trial, while he was a first offender and needed to be treated leniently.
Mr Charles Hayibor made the plea when he presented an application for bail pending an appeal against the court’s 10- year sentence of the man who is the sitting Member of Parliament (MP) for Keta.
The prosecution will respond to the application on March 29, 2007 and if it is upheld, the MP can go back to represent the interest of his constituents and the Minority in Parliament.
The former Trade and Industries Minister was on February 5, 2007 sentenced to a 10-year jail term with hard labour by the court after being convicted on all seven counts of conspiracy, defrauding by false pretences and wilfully causing financial loss of $400,000 to the state.
Abodakpi was said to have, between May and December 2000, acted, together with the late Victor Selormey, who was a former Deputy Minister of Finance and Economic Planning, Dr Frederick Boadu, a consultant, and other persons with a common purpose, to wilfully cause financial loss of $400,000 to the state through the Trade and Investment Programme (TIP).
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project which was meant to enhance the export of non-traditional products.
They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the National Democratic Congress (NDC) administration when they co-chaired the TIP.
The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of wilfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted self-recognisance bail.
Selormey, however, died in the course of the trial.
Mr Hayibor said his application was based on the provisions of Section 33 (1) of the Courts Act and Section 96 of the Criminal Procedure Code Act 30, both of which related to the granting of bail to an accused person pending an appeal.
He said the defence was dissatisfied with the court’s judgement and it was its humble view that there were exceptional grounds which justified the application.
For instance, counsel said, the applicant had been a sitting MP since 1993 and during his trial he never flouted the bail conditions, while he had no means to leave the country if granted bail.
“There were certain aspects of the judgement which we disagree with and has occasioned the appeal, with the hope that the Court of Appeal will look at what we call error of law.
“It is quite possible that when the chips are down our appeal has a great chance of success because this court did not consider the defence in deciding the matter,” he said.
Mr Hayibor said the contention of the defence was that the court did not consider the burden of proof on the prosecution and for that matter there were merits that the Court of Appeal had to consider.
According to him, there had been material conflict in the evidence which was not captured in the judgement because a prosecution witness had told the court that proposals were not paid.
That, he stated, was in conflict with what another witness said, that proposals were paid.
He said the court ought to have taken into account all the evidence before it but that was not done, since it only looked at that of the prosecution.
Counsel still maintained that his client never authored any payment for a feasibility study and that a letter which Abodakpi wrote and which could have aided the court to ascertain whether or not he applied for payment for a feasibility study was not made available to the court.
“A prosecution witness told the court that that letter was with the police and at the end of the trial that letter was not provided,” counsel stated, adding that “that issue remains unresolved because of the failure of the prosecution to produce that letter”.
He said it behoved the court to have indicated how the ingredients of conspiracy were established by the prosecution because at no material time did Abodakpi write to Selormey to pay for a feasibility study.
“Selormey acted on his own. That answer will continue to be in limbo, once he is dead,” counsel said, and indicated that the court, in its judgement, even stated that it was Selormey who made a representation to the bank for payment.
As to whether a study proposal was paid for or not, counsel said another prosecution witness told the court in the affirmative and even stated the minimum payment of $150,000.
Similarly, he said, the judge did not consider evidence adduced by all the witnesses who were called by Abodakpi.
When counsel said the conviction was not necessary because the money for which the case was prosecuted had been frozen, the judge took offence and intervened.
“Go and read what PW (prosecution witness) 1 said. What you are saying is not the truth. Dr Boadu authorised the disbursement of the money to various companies and people.
“Don’t let people disturb me because they go and say on radio that the money is at the bank but the judge sentenced him when a witness told the court that the money had been disbursed,” he said.
Tempers, however, settled when counsel explained that a statement of account which was tendered by the witness indicated that the account was frozen.
Mr Hayibor said the 10-year sentence was an excessive exercise of discretion because if all the factors raised by the defence had been considered, the judge would not have imposed that sentence.
Sacked Minister absolved by court
THE former Minister of Transportation, Dr Richard Anane, has been absolved of any wrongdoing after the Accra Fast Track High Court quashed the decision of the Commission on Human Rights and Administrative Justice (CHRAJ) against him.
The commission, in its ruling, had found Dr Anane guilty of perjury, abuse of power and conflict of interest and recommended that he be removed from office for abusing his office.
Furthermore, the commission recommended, among other things, that Dr Anane should apologise to Parliament for lying under oath and also render another apology to the government for bringing its name into disrepute.
The commission, however, dismissed charges of corruption against him but found him guilty for lying under oath, after he had told a panel constituted by CHRAJ that he had remitted $30,000 to his mistress.
In a prior testimony to the parliamentary Appointments Committee during his vetting for the position of Roads and Transport Minister in 2005, the former minister had told members that he had only remitted $10,000 to his mistress.
Following the commission’s report and public agitation, Dr Anane honourably resigned his post before he could be sacked by the President.
On September 22, 2006, he, however, filed a motion at the court for an order of certiorari to quash the CHRAJ decision because the commission, in purporting to deal with him, lacked jurisdiction and, therefore, acted in breach of the 1992 Constitution, Act 546, the CHRAJ Act 1993 and Constitutional Instrument (CI) 7.
The court declared as null and void the commission’s action, since it was totally without jurisdiction and in breach of natural justice.
After the one-hour ruling, Dr Anane’s wife kissed him and placed a piece of white calico around his neck as he congratulated his solicitors and sympathisers who had filled the courtroom.
In its ruling, the court, presided over by Mr Justice Paul Baffoe-Bonnie, an Appeal Court judge with additional responsibility as a High Court judge, said the commission was an inferior investigative body without inherent power and so its action was a wrong assumption of jurisdiction.
Consequently, it ordered that the September 15, 2006 decision and subsequent recommendations against Dr Anane be removed from the register of the commission.
According to the court, certain articles of the 1992 Constitution, such as Article 230 and Act 456, as well as CI 7, were binding on the commission to require an identifiable complainant who should lodge a complaint, either in writing or orally.
“The clear and unambiguous provision of CI 7 is that a complaint made in a newspaper article will not be a basis for investigations by the CHRAJ,” the court ruled, and added that Dr Anane was entitled to a declaration that it was mandatory for the commission to receive a petition or complaint from an identifiable complainant before proceeding with any investigation.
According to the court, “the commission, being an inferior body, is supposed to work within the confines of the law and should not behave like an octopus spreading its tentacles here and there because it has limited powers”.
It said the fact that the commission had in 1995 investigated some ministers of state based on newspaper articles did not make an unlawful act lawful.
“If an error has been done with impunity in the past, it does not have to be entertained and nobody can make what is unlawful lawful,” the court ruled, saying that the commission’s power to investigate was only activated when a complaint was lodged by an identifiable person.
It said for the commission to state that Dr Anane abused his office was a wrong assumption of power and should not be countenanced by the Constitution of the land.
Regarding the commission’s decision relating to perjury, the court ruled that what it should have done, after realising inconsistencies in Dr Anane’s statement to Parliament and the commission, was to refer to them, not to offer sanctions as it did.
“The commission made a statement of fact, but saying that the applicant perjured and offering a sanction was a strange occurrence. What makes it strange is that Dr Anane was not made to understand that he was being investigated for perjury and given a hearing,” the court held.
The court stated that it was not Dr Anane’s case which CHRAJ did not have power to investigate but the manner in which it was done, saying it was not for nothing that Parliament set out an elaborate provision on the functions and procedures for the commission’s work.
It said the commission was not permitted to go against that provision with impunity or allowed to roam the highways to catch anybody, adding that if it found the provision cumbersome and could not sit idle, it should sanction an amendment.
It did not award costs.
Mr J. K.. Agyemang, lead counsel for Dr Anane, had earlier argued that the jurisdiction and mandate of CHRAJ as an inferior investigative body were clearly set but the commission failed to observe both constitutional and statutory provisions which specified its functions and arrogated to itself what had not been prescribed.
He said Article 230 of the Constitution, Act 456 and CI7, for example, directed what had to be done by way of procedure on receiving complaints and the investigation of any such complaint.
Counsel said by those provisions, a complaint was vital to the commission’s work and ought to be made, either in writing or orally, to the national office of CHRAJ or its representative at the district level.
“It expects somebody to make a complaint to the commission or its representative in any of the regional or district offices and where a complaint is made in writing, it shall be signed by the complainant or his agent,” he stated.
Mr Agyemang further stated that where a complaint was made orally, the person to whom it was made should reduce it into writing before the complainant and a CHRAJ official appended their signatures to it.
In the instant case, counsel said there had been no complaint or complainant and said if the commission could make its complaint and investigate it, Parliament would not have elaborated on its functions.
He said for CHRAJ to state that it did not require any complaint to undertake its investigation offended the clear provisions in CI 7 and Act 456, giving the commission room to rely on newspaper reports and anonymous complaints or people who hid behind the scenes to lodge spurious complaints.
The commission, in its ruling, had found Dr Anane guilty of perjury, abuse of power and conflict of interest and recommended that he be removed from office for abusing his office.
Furthermore, the commission recommended, among other things, that Dr Anane should apologise to Parliament for lying under oath and also render another apology to the government for bringing its name into disrepute.
The commission, however, dismissed charges of corruption against him but found him guilty for lying under oath, after he had told a panel constituted by CHRAJ that he had remitted $30,000 to his mistress.
In a prior testimony to the parliamentary Appointments Committee during his vetting for the position of Roads and Transport Minister in 2005, the former minister had told members that he had only remitted $10,000 to his mistress.
Following the commission’s report and public agitation, Dr Anane honourably resigned his post before he could be sacked by the President.
On September 22, 2006, he, however, filed a motion at the court for an order of certiorari to quash the CHRAJ decision because the commission, in purporting to deal with him, lacked jurisdiction and, therefore, acted in breach of the 1992 Constitution, Act 546, the CHRAJ Act 1993 and Constitutional Instrument (CI) 7.
The court declared as null and void the commission’s action, since it was totally without jurisdiction and in breach of natural justice.
After the one-hour ruling, Dr Anane’s wife kissed him and placed a piece of white calico around his neck as he congratulated his solicitors and sympathisers who had filled the courtroom.
In its ruling, the court, presided over by Mr Justice Paul Baffoe-Bonnie, an Appeal Court judge with additional responsibility as a High Court judge, said the commission was an inferior investigative body without inherent power and so its action was a wrong assumption of jurisdiction.
Consequently, it ordered that the September 15, 2006 decision and subsequent recommendations against Dr Anane be removed from the register of the commission.
According to the court, certain articles of the 1992 Constitution, such as Article 230 and Act 456, as well as CI 7, were binding on the commission to require an identifiable complainant who should lodge a complaint, either in writing or orally.
“The clear and unambiguous provision of CI 7 is that a complaint made in a newspaper article will not be a basis for investigations by the CHRAJ,” the court ruled, and added that Dr Anane was entitled to a declaration that it was mandatory for the commission to receive a petition or complaint from an identifiable complainant before proceeding with any investigation.
According to the court, “the commission, being an inferior body, is supposed to work within the confines of the law and should not behave like an octopus spreading its tentacles here and there because it has limited powers”.
It said the fact that the commission had in 1995 investigated some ministers of state based on newspaper articles did not make an unlawful act lawful.
“If an error has been done with impunity in the past, it does not have to be entertained and nobody can make what is unlawful lawful,” the court ruled, saying that the commission’s power to investigate was only activated when a complaint was lodged by an identifiable person.
It said for the commission to state that Dr Anane abused his office was a wrong assumption of power and should not be countenanced by the Constitution of the land.
Regarding the commission’s decision relating to perjury, the court ruled that what it should have done, after realising inconsistencies in Dr Anane’s statement to Parliament and the commission, was to refer to them, not to offer sanctions as it did.
“The commission made a statement of fact, but saying that the applicant perjured and offering a sanction was a strange occurrence. What makes it strange is that Dr Anane was not made to understand that he was being investigated for perjury and given a hearing,” the court held.
The court stated that it was not Dr Anane’s case which CHRAJ did not have power to investigate but the manner in which it was done, saying it was not for nothing that Parliament set out an elaborate provision on the functions and procedures for the commission’s work.
It said the commission was not permitted to go against that provision with impunity or allowed to roam the highways to catch anybody, adding that if it found the provision cumbersome and could not sit idle, it should sanction an amendment.
It did not award costs.
Mr J. K.. Agyemang, lead counsel for Dr Anane, had earlier argued that the jurisdiction and mandate of CHRAJ as an inferior investigative body were clearly set but the commission failed to observe both constitutional and statutory provisions which specified its functions and arrogated to itself what had not been prescribed.
He said Article 230 of the Constitution, Act 456 and CI7, for example, directed what had to be done by way of procedure on receiving complaints and the investigation of any such complaint.
Counsel said by those provisions, a complaint was vital to the commission’s work and ought to be made, either in writing or orally, to the national office of CHRAJ or its representative at the district level.
“It expects somebody to make a complaint to the commission or its representative in any of the regional or district offices and where a complaint is made in writing, it shall be signed by the complainant or his agent,” he stated.
Mr Agyemang further stated that where a complaint was made orally, the person to whom it was made should reduce it into writing before the complainant and a CHRAJ official appended their signatures to it.
In the instant case, counsel said there had been no complaint or complainant and said if the commission could make its complaint and investigate it, Parliament would not have elaborated on its functions.
He said for CHRAJ to state that it did not require any complaint to undertake its investigation offended the clear provisions in CI 7 and Act 456, giving the commission room to rely on newspaper reports and anonymous complaints or people who hid behind the scenes to lodge spurious complaints.
SNNIT SUED
SOME members of the Dunkoona Developers Association have sued the Social Security and National Insurance Trust (SSNIT) at the Fast Track High Court, claiming special and general damages for trespass and unlawful damage to property belonging to them.
They are also seeking an order to restrain SSNIT from interfering with lands on which their buildings had been constructed or were to be constructed, an order for the cancellation of the Land Certificate NO. GA 18630, Vol. 09, Folio 227, dated February 14, 2003 issued to SSNIT because it was obtained by fraud.
The suit was filed by five persons and on behalf of members of the association. They are Madam Linda Sagoe, Madam Victoria Allotey, Benjamin Kwesi Buah-Blay, James Quaye and Emmanuel Asiedu Kottah.
In their statement of claim, the plaintiffs said between 1990 and 2004, they purchased various plots of land from the James Town Ngleshie Alata Stool for purposes of constructing houses.
They said the 115 members of the association owned land at the disputed area and 56 houses had reached various stages of development, with some going beyond the foundation, window and other levels.
According to them, they were unaware of any interest of SSNIT in any portion of the plots they acquired and as far as they knew, the Ghana Real Estate Developers Association (GREDA) had serviced plots in the area.
The plaintiffs said after 56 plots had been developed, with their owners enjoying peaceful development, SSNIT posted notices on some property and invited their owners to contact the trust for discussions pertaining to “regularisation of land title in respect of SSNIT land at Dunkoona”.
They said those members who honoured the invitation were told by SSNIT that the Lands Commission had granted lease of land to SSNIT and that when the association got wind of that, it investigated the claims.
When the association contacted the James Town Ngleshie Alata Stool, the plaintiffs said, the stool members said they had been negotiating with GREDA for the lease of 430 acres of its land to GREDA but that the land sold by them were outside the 430 acres.
“However, by some curious circumstance, the Lands Commission was brought into the picture, unknown to the James Town Stool, apparently because the PNDC government had issued E.I. No. 5 of 1993 to compulsorily acquire the parcel of land the stool was offering to GREDA,” statement said.
According to the plaintiffs, instead of GREDA fulfilling the conditions to enable it to acquire the 430 acres, it met at an extraordinary general meeting on April 21, 1994 and unanimously agreed that the executive council should be mandated to re-open negotiations with SSNIT .
Among some of the proposals were that the entire 430 acres of land offered to GREDA by the government through the then Ministry of Works and Housing be given to SSNIT for joint development efforts, SSNIT should pay for the land on behalf of GREDA, it should lay the infrastructure and then the serviced plots offered to GREDA on specific terms of payment.
The plaintiffs said the minutes of the meeting, coupled with the proposals, confirmed what the stool had earlier told them regarding the negotiations with GREDA, as well as the 430 acres.
They said instead of SSNIT pursuing the 430 acres offered to it by GREDA, it went behind GREDA to see officials of the Lands Commission who allocated a total acreage of 507.75 to the trust.
They are also seeking an order to restrain SSNIT from interfering with lands on which their buildings had been constructed or were to be constructed, an order for the cancellation of the Land Certificate NO. GA 18630, Vol. 09, Folio 227, dated February 14, 2003 issued to SSNIT because it was obtained by fraud.
The suit was filed by five persons and on behalf of members of the association. They are Madam Linda Sagoe, Madam Victoria Allotey, Benjamin Kwesi Buah-Blay, James Quaye and Emmanuel Asiedu Kottah.
In their statement of claim, the plaintiffs said between 1990 and 2004, they purchased various plots of land from the James Town Ngleshie Alata Stool for purposes of constructing houses.
They said the 115 members of the association owned land at the disputed area and 56 houses had reached various stages of development, with some going beyond the foundation, window and other levels.
According to them, they were unaware of any interest of SSNIT in any portion of the plots they acquired and as far as they knew, the Ghana Real Estate Developers Association (GREDA) had serviced plots in the area.
The plaintiffs said after 56 plots had been developed, with their owners enjoying peaceful development, SSNIT posted notices on some property and invited their owners to contact the trust for discussions pertaining to “regularisation of land title in respect of SSNIT land at Dunkoona”.
They said those members who honoured the invitation were told by SSNIT that the Lands Commission had granted lease of land to SSNIT and that when the association got wind of that, it investigated the claims.
When the association contacted the James Town Ngleshie Alata Stool, the plaintiffs said, the stool members said they had been negotiating with GREDA for the lease of 430 acres of its land to GREDA but that the land sold by them were outside the 430 acres.
“However, by some curious circumstance, the Lands Commission was brought into the picture, unknown to the James Town Stool, apparently because the PNDC government had issued E.I. No. 5 of 1993 to compulsorily acquire the parcel of land the stool was offering to GREDA,” statement said.
According to the plaintiffs, instead of GREDA fulfilling the conditions to enable it to acquire the 430 acres, it met at an extraordinary general meeting on April 21, 1994 and unanimously agreed that the executive council should be mandated to re-open negotiations with SSNIT .
Among some of the proposals were that the entire 430 acres of land offered to GREDA by the government through the then Ministry of Works and Housing be given to SSNIT for joint development efforts, SSNIT should pay for the land on behalf of GREDA, it should lay the infrastructure and then the serviced plots offered to GREDA on specific terms of payment.
The plaintiffs said the minutes of the meeting, coupled with the proposals, confirmed what the stool had earlier told them regarding the negotiations with GREDA, as well as the 430 acres.
They said instead of SSNIT pursuing the 430 acres offered to it by GREDA, it went behind GREDA to see officials of the Lands Commission who allocated a total acreage of 507.75 to the trust.
GBA expresses sympathy at CJ's death
THE Ghana Bar Association (GBA) has described the death of the Chief Justice , Mr Justice Kingsley George Acquah, as a great loss to the Judiciary and the administration of justice in the country.
The President of the GBA, the umbrella body of lawyers, Mr Kwami Tetteh, said the late Chief Justice would be remembered for the very strong reform system which he initiated and pursued vigorously until his death in the early hours of Sunday.
Mr Tetteh, who was expressing his sympathy in a telephone interview with the Daily Graphic, said “I am a witness to his efforts to introduce new infrastructure in the Judiciary, especially the introduction of the mechanised courts (Fast Track) and commercial courts.
“He had a big plan behind the Cocoa Affairs Courts, and the ongoing construction of an administrative edifice behind the main Supreme Court building bears testimony to his vision but we hope that by the next legal year that project would have been ready”, Mr Tetteh said.
The GBA President further said the late Chief Justice brought discipline to bear on the Judiciary and expressed the hope that his successor would continue what Mr Justice Acquah started.
He extended his sympathy and condolences and those of the GBA to the family of the late Chief Justice and the Judicial Service.
Mr Thomas Nuako Ward-Brew, the leader of the Bar Association of Ghana (BAG), also expressed shock at the death of the Chief Justice, whom he described as a hall mate at the Commonwealth Hall of the University of Ghana.
According to him, Mr Justice Acquah was the only locally-trained Ghanaian Chief Justice, adding that he proved his capability in every aspect of his work, including the number of reforms he embarked upon to enhance the image of the Judiciary.
He, however, said the death of Chief Justices in the country was taking some dimension and it was about time that the mystery surrounding such ‘strange deaths’ was exorcised.
Asked to explain further, Mr Ward-Brew, also the leader of the Democratic People’s Party (DPP), stated that rumours about in-fighting relating to who should be appointed a Chief Justice were rife, a situation he described as “unhappy”.
Meanwhile, the scene at the Cocoa Affairs courts and on the Supreme Court premises in Accra yesterday was solemn as majority of the workers there would not even want to sit.
No official reasons were assigned but indications were that that was to show respect to the head of the Judiciary. Court clerks only adjourned cases.
Apart from the solemn atmosphere, nothing really showed that the Chief Justice was dead except that people gathered in small groups to discuss the sad story.
A few of the staff were, however, seen wearing red ribons.
Mr Justice Acquah died at the 37 Military Hospital in Accra at 1.00 a.m. on Sunday.
He was 65 and Ghana’s 11th Chief Justice after independence, having been appointed Chief Justice on July 4, 2003 to succeed Mr Justice Wiredu.
The cause of death was not immediately disclosed but he was believed to have died from cancer.
The Chief Justice, who was taken ill about two years ago, was flown abroad on a number of occasions for medical treatment and resumed work before his health conditions deteriorated again.
The President of the GBA, the umbrella body of lawyers, Mr Kwami Tetteh, said the late Chief Justice would be remembered for the very strong reform system which he initiated and pursued vigorously until his death in the early hours of Sunday.
Mr Tetteh, who was expressing his sympathy in a telephone interview with the Daily Graphic, said “I am a witness to his efforts to introduce new infrastructure in the Judiciary, especially the introduction of the mechanised courts (Fast Track) and commercial courts.
“He had a big plan behind the Cocoa Affairs Courts, and the ongoing construction of an administrative edifice behind the main Supreme Court building bears testimony to his vision but we hope that by the next legal year that project would have been ready”, Mr Tetteh said.
The GBA President further said the late Chief Justice brought discipline to bear on the Judiciary and expressed the hope that his successor would continue what Mr Justice Acquah started.
He extended his sympathy and condolences and those of the GBA to the family of the late Chief Justice and the Judicial Service.
Mr Thomas Nuako Ward-Brew, the leader of the Bar Association of Ghana (BAG), also expressed shock at the death of the Chief Justice, whom he described as a hall mate at the Commonwealth Hall of the University of Ghana.
According to him, Mr Justice Acquah was the only locally-trained Ghanaian Chief Justice, adding that he proved his capability in every aspect of his work, including the number of reforms he embarked upon to enhance the image of the Judiciary.
He, however, said the death of Chief Justices in the country was taking some dimension and it was about time that the mystery surrounding such ‘strange deaths’ was exorcised.
Asked to explain further, Mr Ward-Brew, also the leader of the Democratic People’s Party (DPP), stated that rumours about in-fighting relating to who should be appointed a Chief Justice were rife, a situation he described as “unhappy”.
Meanwhile, the scene at the Cocoa Affairs courts and on the Supreme Court premises in Accra yesterday was solemn as majority of the workers there would not even want to sit.
No official reasons were assigned but indications were that that was to show respect to the head of the Judiciary. Court clerks only adjourned cases.
Apart from the solemn atmosphere, nothing really showed that the Chief Justice was dead except that people gathered in small groups to discuss the sad story.
A few of the staff were, however, seen wearing red ribons.
Mr Justice Acquah died at the 37 Military Hospital in Accra at 1.00 a.m. on Sunday.
He was 65 and Ghana’s 11th Chief Justice after independence, having been appointed Chief Justice on July 4, 2003 to succeed Mr Justice Wiredu.
The cause of death was not immediately disclosed but he was believed to have died from cancer.
The Chief Justice, who was taken ill about two years ago, was flown abroad on a number of occasions for medical treatment and resumed work before his health conditions deteriorated again.
Ghana's Chief Justice is dead
THE Chief Justice, Mr Justice George Kingsley Acquah, is dead.
Mr Justice Acquah, 65, died at the 37 Military Hospital in Accra at 1.00 a.m. on Sunday.
The cause of death was not immediately disclosed but he was believed to have died from cancer.
The Chief Justice, who was taken ill about two years ago, was flown abroad on a number of occasions for medical treatment and resumed work before his health conditions deteriorated again.
He was flown down from the United States of America about three days ago and was on admission at the 37 Military Hospital.
Mr Justice Acquah was Ghana’s 11th Chief Justice after independence and was appointed Chief Justice of the Republic of Ghana on July 4, 2003 to succeed Mr Justice E.K. Wiredu.
The Attorney-General and Minister of Justice, Mr Joe Ghartey, who confirmed the death in a telephone conversation with the Daily Graphic, described it as a big loss to the country.
When the Daily Graphic visited the late Chief Justice’s residence on the Switchback Road, a Judicial Service security man said he had heard about the death on a radio station and that no family member was available for any comment.
Mr Justice Acquah’s employment record included private legal practice from 1972 to 1989; a High Court judge from 1989 to 1994; an Appeal Court judge from 1994 to 1995 and a Supreme Court judge from 1995 to 2003 when he was appointed Chief Justice.
He was born in Sekondi on March 6, 1942 and attended Adisadel College, Cape Coast, from 1957 to 1963 for both his General Certificate of Education (GCE) Ordinary and Advanced level certificates.
After his ‘A’ Levels, he taught at Sekondi College for one year before he proceeded to the University of Ghana, Legon, from 1964 to 1967 where he obtained a B.A. (Hons) degree in Philosophy. Between 1968 and 1970, he studied and obtained an LL.B (Hons) degree in Law from the same university.
From 1970 to 1972, Justice Acquah was at the Ghana School of Law where he obtained his professional certificate in law and was called to the Bar in 1972.
He then went into private legal practice in Cape Coast until September 19, 1989 when he was elevated to the High Court and posted to Ho.
In June 1994, he was elevated to the Court of Appeal, and in the following year he was again elevated to the Supreme Court where he was until his appointment as the Chief Justice.
Mr Justice Acquah, until his death, was the Chairman of the Judicial Council and the General Legal Council; Chairman of the Budget Committee of the Judicial Service; Chairman, Judicial Service Reform and Automation Committee, and Chairman, Board of Trustees of the Institute of Continuing Judicial Education of the Judicial Service of Ghana.
Other positions he held included Chairman, Disciplinary Committee of the Judicial Council; Chairman, Funeral Committee of the Judicial Service; Chairman, Tender Board of the Judicial Service, and Member of the Judicial Council of Ghana.
Mr Justice Acquah was also the Chairman, National Multi-Sectoral Committee on the Protection of the Rights of the Child; Member, Rules of Court Committee; Member, Appointments Committee of the Judicial Council, and Member, Africa Regional Council of the International Planned Parenthood Federation (IPPFAR).
He was also a Member of the Governing Council of the Ghana Legal Literacy and Resource Foundation; Patron, the Commonwealth Legal Education Association, London; Honorary Legal Adviser of the International Planned Parenthood Federation; Editorial Advisor, Banking and Financial Law Journal of Ghana, and External Examiner (Law of Evidence), the Ghana School of Law.
He left behind his wife, Jane, and six children.
The death of the Chief Justice is a serious blow to the Judicial Service because since July 4, 2003 when Mr Justice Acquah assumed office, he had ensured that justice was delivered to all manner of persons without fear or favour. He also ensured that corruption in the service was minimised to enhance accountability.
Mr Justice Acquah, therefore, introduced a new system of revenue collection and the HFC Bank has provided a collection point for all court fees and fines from litigants and other court users.
That project, which commenced in June 2006, is expected to be extended to the regional courts. Another plus for the service is the Chief Justice’s outreach programme which was instituted to actively engage all Ghanaians in discussing the challenges facing the administration of justice at the local and district levels.
It was no surprise, therefore, that in June 2006, Mr Justice Acquah was awarded the highest honour of the land, the Order of the Star of Ghana, in recognition of his hard work, dynamic leadership, dedication to work and the many reforms which he had introduced to enhance the administration of justice in the country.
Mr Justice Acquah, 65, died at the 37 Military Hospital in Accra at 1.00 a.m. on Sunday.
The cause of death was not immediately disclosed but he was believed to have died from cancer.
The Chief Justice, who was taken ill about two years ago, was flown abroad on a number of occasions for medical treatment and resumed work before his health conditions deteriorated again.
He was flown down from the United States of America about three days ago and was on admission at the 37 Military Hospital.
Mr Justice Acquah was Ghana’s 11th Chief Justice after independence and was appointed Chief Justice of the Republic of Ghana on July 4, 2003 to succeed Mr Justice E.K. Wiredu.
The Attorney-General and Minister of Justice, Mr Joe Ghartey, who confirmed the death in a telephone conversation with the Daily Graphic, described it as a big loss to the country.
When the Daily Graphic visited the late Chief Justice’s residence on the Switchback Road, a Judicial Service security man said he had heard about the death on a radio station and that no family member was available for any comment.
Mr Justice Acquah’s employment record included private legal practice from 1972 to 1989; a High Court judge from 1989 to 1994; an Appeal Court judge from 1994 to 1995 and a Supreme Court judge from 1995 to 2003 when he was appointed Chief Justice.
He was born in Sekondi on March 6, 1942 and attended Adisadel College, Cape Coast, from 1957 to 1963 for both his General Certificate of Education (GCE) Ordinary and Advanced level certificates.
After his ‘A’ Levels, he taught at Sekondi College for one year before he proceeded to the University of Ghana, Legon, from 1964 to 1967 where he obtained a B.A. (Hons) degree in Philosophy. Between 1968 and 1970, he studied and obtained an LL.B (Hons) degree in Law from the same university.
From 1970 to 1972, Justice Acquah was at the Ghana School of Law where he obtained his professional certificate in law and was called to the Bar in 1972.
He then went into private legal practice in Cape Coast until September 19, 1989 when he was elevated to the High Court and posted to Ho.
In June 1994, he was elevated to the Court of Appeal, and in the following year he was again elevated to the Supreme Court where he was until his appointment as the Chief Justice.
Mr Justice Acquah, until his death, was the Chairman of the Judicial Council and the General Legal Council; Chairman of the Budget Committee of the Judicial Service; Chairman, Judicial Service Reform and Automation Committee, and Chairman, Board of Trustees of the Institute of Continuing Judicial Education of the Judicial Service of Ghana.
Other positions he held included Chairman, Disciplinary Committee of the Judicial Council; Chairman, Funeral Committee of the Judicial Service; Chairman, Tender Board of the Judicial Service, and Member of the Judicial Council of Ghana.
Mr Justice Acquah was also the Chairman, National Multi-Sectoral Committee on the Protection of the Rights of the Child; Member, Rules of Court Committee; Member, Appointments Committee of the Judicial Council, and Member, Africa Regional Council of the International Planned Parenthood Federation (IPPFAR).
He was also a Member of the Governing Council of the Ghana Legal Literacy and Resource Foundation; Patron, the Commonwealth Legal Education Association, London; Honorary Legal Adviser of the International Planned Parenthood Federation; Editorial Advisor, Banking and Financial Law Journal of Ghana, and External Examiner (Law of Evidence), the Ghana School of Law.
He left behind his wife, Jane, and six children.
The death of the Chief Justice is a serious blow to the Judicial Service because since July 4, 2003 when Mr Justice Acquah assumed office, he had ensured that justice was delivered to all manner of persons without fear or favour. He also ensured that corruption in the service was minimised to enhance accountability.
Mr Justice Acquah, therefore, introduced a new system of revenue collection and the HFC Bank has provided a collection point for all court fees and fines from litigants and other court users.
That project, which commenced in June 2006, is expected to be extended to the regional courts. Another plus for the service is the Chief Justice’s outreach programme which was instituted to actively engage all Ghanaians in discussing the challenges facing the administration of justice at the local and district levels.
It was no surprise, therefore, that in June 2006, Mr Justice Acquah was awarded the highest honour of the land, the Order of the Star of Ghana, in recognition of his hard work, dynamic leadership, dedication to work and the many reforms which he had introduced to enhance the administration of justice in the country.
EX-GPHA workers fate to be decided by Court of Appeal
MORE than 500 dismissed casual workers of the Ghana Ports and Harbours Authority (GPHA) besieged the Supreme Court premises, eager to hear judgement in the appeal filed by the authority against the payment of billions of cedis in compensation for the wrongful dismissal of 4,194 of them but they were disappointed.
The scheduled judgement at the Court of Appeal could not be delivered and was postponed to next Friday because a response to the statement of case of the ex-workers filed by the authority was not made available to the panel of judges.
Consequently, counsel for the parties met the judges in chambers to take the new date so that the judges could study the response and factor it into their judgement.
After the adjournment their lawyer and leaders took turns to speak to them regarding the need to exercise restraint and wait for the next date.
A Tema High Court on January 18, 2006 entered judgement in favour of the dismissed workers, some of whom worked for periods ranging from one year to 10 years, and ordered the payment of billions of cedis in damages for breach of the Collective Bargaining Agreement (CBA), compensation, severance award and costs.
The court ordered that ¢5 million should be paid to each of the ex-workers as damages for breach of the CBA, ¢10 million to each of them for each year of service after the expiration of 154 days of continuous work in the authority as compensation for illegal conduct in keeping them as casual workers, violation of their economic rights and discrimination against them contrary to the 1992 Constitution.
Furthermore, severance award comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million for medicals, two bags of rice, two gallons of oil, 2001 bonus for those who qualified and ¢1.5 million as conveyance fees should be given.
The rest were five months salary as handshake, long service award, interest on all sums due each of the ex-workers at current commercial bank rate from October 1, 2002 to date of judgement and ¢10 million as costs.
The suit was filed by five of the dismissed workers on behalf of the rest.
But the authority appealed against the decision, describing the awards as meaningless, perverse and baseless in law and prayed for it to be set aside.
According to the facts of the case, the respondents were employed by the authority as casual or non-permanent employees until September 2002 when the re-organisation led to their being laid off without receiving any payment in lieu of notice apart from “some meagre amounts described by the authority as golden handshake”.
However, they said, detailed severance packages were paid to each of the authority’s permanent employees.
They stated that by the provisions of the various CBAs negotiated on their behalf at various times during their employment with the authority, they ought to have been made permanent employees after working continuously for 154 days in a calendar year.
They said if the authority could not absorb them as permanent employees they ought to have been placed on guaranteed wages/salaries equivalent to the monthly wages/salaries of classified jobs.
In its statement of appeal the authority stated that the trial judge erred in giving judgement for all the ex-workers as if they were parties in the action although the record of proceedings and the relevant rules of the court clearly indicated that they were not.
According to the authority, it was during the trial that the ex-workers filed a document entitled “ List of Plaintiffs” to which was annexed the list of 3,839 others and a subsequent motion to add 356 more people as plaintiffs.
It said the judge’s finding that the authority acted illegally and unlawfully in treating the ex-workers as non-permanent employees “for all the periods of the plaintiff’s employment with the defendant”, was erroneous, there being no evidence on record of the period of employment of each of the ex-workers.
“Again the appellant contends that there was no evidence on record that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as a permanent employee or to warrant the finding by the trial judge that the defendant had breached the CBA,” the authority said.
Furthermore, it stated that there was no evidence in support of the finding that the ex-workers had worked continuously for “periods between one year and 10 years” or had qualified for permanent employment.
The trial judge, it argued, misinterpreted the CBA in holding that the authority was obliged to engage on a regular basis a casual employee who had worked for 154 days.
It said the trial judge erred in finding that the authority violated the provisions of the 1992 Constitution and the CBA because the court did not appreciate the ex-worker’s tenure of employment, which was temporary, casual and determinable at the close of each day.
“It was only where a worker suffered diminution in his or her condition that the employer was liable for severance pay,” it said.
The scheduled judgement at the Court of Appeal could not be delivered and was postponed to next Friday because a response to the statement of case of the ex-workers filed by the authority was not made available to the panel of judges.
Consequently, counsel for the parties met the judges in chambers to take the new date so that the judges could study the response and factor it into their judgement.
After the adjournment their lawyer and leaders took turns to speak to them regarding the need to exercise restraint and wait for the next date.
A Tema High Court on January 18, 2006 entered judgement in favour of the dismissed workers, some of whom worked for periods ranging from one year to 10 years, and ordered the payment of billions of cedis in damages for breach of the Collective Bargaining Agreement (CBA), compensation, severance award and costs.
The court ordered that ¢5 million should be paid to each of the ex-workers as damages for breach of the CBA, ¢10 million to each of them for each year of service after the expiration of 154 days of continuous work in the authority as compensation for illegal conduct in keeping them as casual workers, violation of their economic rights and discrimination against them contrary to the 1992 Constitution.
Furthermore, severance award comprising three months salary for each year of service, ¢3 million in lieu of rent, ¢2 million for medicals, two bags of rice, two gallons of oil, 2001 bonus for those who qualified and ¢1.5 million as conveyance fees should be given.
The rest were five months salary as handshake, long service award, interest on all sums due each of the ex-workers at current commercial bank rate from October 1, 2002 to date of judgement and ¢10 million as costs.
The suit was filed by five of the dismissed workers on behalf of the rest.
But the authority appealed against the decision, describing the awards as meaningless, perverse and baseless in law and prayed for it to be set aside.
According to the facts of the case, the respondents were employed by the authority as casual or non-permanent employees until September 2002 when the re-organisation led to their being laid off without receiving any payment in lieu of notice apart from “some meagre amounts described by the authority as golden handshake”.
However, they said, detailed severance packages were paid to each of the authority’s permanent employees.
They stated that by the provisions of the various CBAs negotiated on their behalf at various times during their employment with the authority, they ought to have been made permanent employees after working continuously for 154 days in a calendar year.
They said if the authority could not absorb them as permanent employees they ought to have been placed on guaranteed wages/salaries equivalent to the monthly wages/salaries of classified jobs.
In its statement of appeal the authority stated that the trial judge erred in giving judgement for all the ex-workers as if they were parties in the action although the record of proceedings and the relevant rules of the court clearly indicated that they were not.
According to the authority, it was during the trial that the ex-workers filed a document entitled “ List of Plaintiffs” to which was annexed the list of 3,839 others and a subsequent motion to add 356 more people as plaintiffs.
It said the judge’s finding that the authority acted illegally and unlawfully in treating the ex-workers as non-permanent employees “for all the periods of the plaintiff’s employment with the defendant”, was erroneous, there being no evidence on record of the period of employment of each of the ex-workers.
“Again the appellant contends that there was no evidence on record that any of the plaintiffs had worked satisfactorily for 154 days in any year to qualify for upgrading as a permanent employee or to warrant the finding by the trial judge that the defendant had breached the CBA,” the authority said.
Furthermore, it stated that there was no evidence in support of the finding that the ex-workers had worked continuously for “periods between one year and 10 years” or had qualified for permanent employment.
The trial judge, it argued, misinterpreted the CBA in holding that the authority was obliged to engage on a regular basis a casual employee who had worked for 154 days.
It said the trial judge erred in finding that the authority violated the provisions of the 1992 Constitution and the CBA because the court did not appreciate the ex-worker’s tenure of employment, which was temporary, casual and determinable at the close of each day.
“It was only where a worker suffered diminution in his or her condition that the employer was liable for severance pay,” it said.
Curoius crowd disappointed
MANY people, including journalists, who thronged the Accra Fast Track High Court, keen on listening to the recorded conversation about the missing 77 parcels of cocaine, which took place in the house of ACP Kofi Boakye, got disappointed, because only a few portions of the recording were audible.
For the one hour and two minutes that the tape was played, the crowd, one of the biggest in recent court attendance, had to strain their ears in a fruitless effort to hear what transpired during the conversation.
That notwithstanding, the names of ACP Boakye, Kwabena Amaning, alias Tagor, Kwabena Acheampong, Alhaji Issa Abbas and Alhaji Moro Mohammed came up in the conversation where heated arguments were heard being made.
There were accusations and counter-accusations, as well as denials, whenever the name of certain ‘goods’, probably the missing cocaine, came up.
As the tape was being played, the accused persons, namely Tagor and Alhaji Abass, sat quietly but Tagor gazed at the wall in front of him and sometimes grinned. The mention of a ‘password’ as well as ‘the Colombian and Venezuelans’ came up during the conversation. One of them also referred to himself as being a public officer.
The conversation, which is on a Compact Disc (CD), was admitted in evidence on Tuesday after the court ruled that the information on it was relevant to the trial.
After the tape had been played, the seventh prosecution , Detective Inspector Charles Adaba, took to the box and continued his evidence-in-chief.
He said after taking possession of the tape and listening to it, he realised there were other revelations by those involved in the conversation, which needed further investigations.
According to him, he investigated the statements made in the conversation, such as one by Alhaji Abbas that Tagor’s driver, Nana Kofi Asare, had bought a house from Chris Asher.
“I was able to locate the house at East Legon in Accra”, he stated.
Inspector Abada said he further realised that he needed a voice expert in order to identify those who took part in the conversation and he exhausted all local probabilities to no avail.
He said he discussed that with the Attorney-General and Minister of Justice, who assisted in getting J. P. French and Associates, voice experts from the United Kingdom.
The witness said the CD containing the conversation was forwarded to the experts who requested for a fresh voice recording of those who took part in the conversation to assist them in identifying who said what.
Based on that, he said, he secretly recorded the voices of those mentioned and forwarded them to the UK so that they did not disguise their voices.
The judge adjourned the case to tomorrow because the recorded voices which were to be tendered were not brought to court.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Abbas faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
For the one hour and two minutes that the tape was played, the crowd, one of the biggest in recent court attendance, had to strain their ears in a fruitless effort to hear what transpired during the conversation.
That notwithstanding, the names of ACP Boakye, Kwabena Amaning, alias Tagor, Kwabena Acheampong, Alhaji Issa Abbas and Alhaji Moro Mohammed came up in the conversation where heated arguments were heard being made.
There were accusations and counter-accusations, as well as denials, whenever the name of certain ‘goods’, probably the missing cocaine, came up.
As the tape was being played, the accused persons, namely Tagor and Alhaji Abass, sat quietly but Tagor gazed at the wall in front of him and sometimes grinned. The mention of a ‘password’ as well as ‘the Colombian and Venezuelans’ came up during the conversation. One of them also referred to himself as being a public officer.
The conversation, which is on a Compact Disc (CD), was admitted in evidence on Tuesday after the court ruled that the information on it was relevant to the trial.
After the tape had been played, the seventh prosecution , Detective Inspector Charles Adaba, took to the box and continued his evidence-in-chief.
He said after taking possession of the tape and listening to it, he realised there were other revelations by those involved in the conversation, which needed further investigations.
According to him, he investigated the statements made in the conversation, such as one by Alhaji Abbas that Tagor’s driver, Nana Kofi Asare, had bought a house from Chris Asher.
“I was able to locate the house at East Legon in Accra”, he stated.
Inspector Abada said he further realised that he needed a voice expert in order to identify those who took part in the conversation and he exhausted all local probabilities to no avail.
He said he discussed that with the Attorney-General and Minister of Justice, who assisted in getting J. P. French and Associates, voice experts from the United Kingdom.
The witness said the CD containing the conversation was forwarded to the experts who requested for a fresh voice recording of those who took part in the conversation to assist them in identifying who said what.
Based on that, he said, he secretly recorded the voices of those mentioned and forwarded them to the UK so that they did not disguise their voices.
The judge adjourned the case to tomorrow because the recorded voices which were to be tendered were not brought to court.
Tagor is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Abbas faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
THE admissibility or otherwise of a secret voice recording of the five persons who took part in the recorded conversation on the missing 77 parcels of cocaine in ACP Kofi Boakye’s house forced the Accra Fast Track High Court to adjourn the case to March 28, 2007.
The court, presided over by Mr Justice Jones Dotse, a Court of Appeal judge sitting with additional responsibility as a High Court judge, adjourned the case after the defence team had raised an objection to the tendering of the CD containing the secret voice recording.
While the defence maintained that the secret voice recording infringed the rights and privacy of the accused persons, the prosecution stated that the secret recording was to demonstrate to the court the voices of those who participated in the conversation which took place in ACP Boakye’s house.
According to the defence team, the admissibility of the secret voice recording would also create unfair prejudice and danger, while interfering with the privacy of the accused persons.
But the prosecution responded that the issue was not about the relevance of the material on the CD but to show the court the true voices of those who took part in the controversial recording in ACP Boakye's house.
Detective Inspector Charles Abada, the seventh prosecution witness, who spoke on the secret voice recording during his evidence-in-chief, said he recorded the voice after a voice and speech expert in the United Kingdom (UK) had requested for a fresh voice recording of those who took part in the conversation in ACP Boakye's house.
He said based on the request by J. P. French and Associates, the voice experts, "I recorded the voices of those mentioned in the conversation without their knowledge so that they would not disguise their voices and forwarded it to the UK."
The witness said the experts, on receiving the fresh recorded voice, requested for an Akan linguistic expert, since parts of the conversation were in Akan.
Therefore, he said, he sought one from the University of Ghana, Legon, and linked him up with the experts in the UK.
The subject of the recorded conversation is the result of the trial of Kwabena Amaning, alias Tagor, who is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, and Alhaji Issa Abbas, who faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
According to Inspector Abada, he recorded the voices of Abbas and Tagor on November 1 and 2, 2006, respectively, when they were on remand at the Ankaful and Sekondi prisons.
Similarly, he said, he recorded the voices of the other persons, namely, ACP Boakye, Kwabena Akyeampong and Alhaji Imoro.
He said Abbas had indicated during the conversation that he was once arrested by the Bureau of National Investigations (BNI) when he went to withdraw $495,000 which had been transferred into his accounts at the SG-SSB Bank.
Inspector Abada also apprised the court with the modus operandi of people involved in the narcotic business and stated, for instance, that the dealers, always suspicious of one another, used certain terminology and also used their drivers in transactions.
He said whenever the term 'business' was mentioned in conversations involving the dealers, it meant cocaine, while 'key(s)' (Safoa/Nsafoa in Akan) meant a kilogramme(s) of cocaine.
Cocaine, he said, was also referred to as 'goods' (Niema in Akan) and when the dealers experienced bad business, they said "the line was spoilt".
Asked what he did regarding Mama Tess who was mentioned in the course of the conversation, the witness replied that he followed up to a company called Platinum Furniture Ventures where he was informed that it was owned by Mama Tess who had travelled outside the country and had since not returned.
Inspector Abada further said Abbas mentioned in the conversation that Asem Dakeh Sherrif, who was referred to as the Limping Man (Apakye in Akan) arranged a vessel to cart the 77 parcels of cocaine and it was true that Sheriff hired the MV Benjamin.
He said he visited the vessel at the Tema Harbour during his investigations and realised at the time of his visit that its cabin had been set on fire.
The vessel, he said, belonged to Dashment Shipping Services and that in the conversation, it was stated that it was owned by Kojo Dawson.
The court overruled an objection by the defence that the witness could not give evidence on the seating arrangement of the conversation in ACP Boakye's house because he was not present.
According to the defence, since the witness was not present during the conversation, his evidence was based on hearsay and ought not to be admitted. But that was overruled.
The court ruled that the investigator had gone to the scene and his findings were what he told the court and so it was up to the defence to listen and then cross-examine him on that.
The court, presided over by Mr Justice Jones Dotse, a Court of Appeal judge sitting with additional responsibility as a High Court judge, adjourned the case after the defence team had raised an objection to the tendering of the CD containing the secret voice recording.
While the defence maintained that the secret voice recording infringed the rights and privacy of the accused persons, the prosecution stated that the secret recording was to demonstrate to the court the voices of those who participated in the conversation which took place in ACP Boakye’s house.
According to the defence team, the admissibility of the secret voice recording would also create unfair prejudice and danger, while interfering with the privacy of the accused persons.
But the prosecution responded that the issue was not about the relevance of the material on the CD but to show the court the true voices of those who took part in the controversial recording in ACP Boakye's house.
Detective Inspector Charles Abada, the seventh prosecution witness, who spoke on the secret voice recording during his evidence-in-chief, said he recorded the voice after a voice and speech expert in the United Kingdom (UK) had requested for a fresh voice recording of those who took part in the conversation in ACP Boakye's house.
He said based on the request by J. P. French and Associates, the voice experts, "I recorded the voices of those mentioned in the conversation without their knowledge so that they would not disguise their voices and forwarded it to the UK."
The witness said the experts, on receiving the fresh recorded voice, requested for an Akan linguistic expert, since parts of the conversation were in Akan.
Therefore, he said, he sought one from the University of Ghana, Legon, and linked him up with the experts in the UK.
The subject of the recorded conversation is the result of the trial of Kwabena Amaning, alias Tagor, who is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, and Alhaji Issa Abbas, who faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
According to Inspector Abada, he recorded the voices of Abbas and Tagor on November 1 and 2, 2006, respectively, when they were on remand at the Ankaful and Sekondi prisons.
Similarly, he said, he recorded the voices of the other persons, namely, ACP Boakye, Kwabena Akyeampong and Alhaji Imoro.
He said Abbas had indicated during the conversation that he was once arrested by the Bureau of National Investigations (BNI) when he went to withdraw $495,000 which had been transferred into his accounts at the SG-SSB Bank.
Inspector Abada also apprised the court with the modus operandi of people involved in the narcotic business and stated, for instance, that the dealers, always suspicious of one another, used certain terminology and also used their drivers in transactions.
He said whenever the term 'business' was mentioned in conversations involving the dealers, it meant cocaine, while 'key(s)' (Safoa/Nsafoa in Akan) meant a kilogramme(s) of cocaine.
Cocaine, he said, was also referred to as 'goods' (Niema in Akan) and when the dealers experienced bad business, they said "the line was spoilt".
Asked what he did regarding Mama Tess who was mentioned in the course of the conversation, the witness replied that he followed up to a company called Platinum Furniture Ventures where he was informed that it was owned by Mama Tess who had travelled outside the country and had since not returned.
Inspector Abada further said Abbas mentioned in the conversation that Asem Dakeh Sherrif, who was referred to as the Limping Man (Apakye in Akan) arranged a vessel to cart the 77 parcels of cocaine and it was true that Sheriff hired the MV Benjamin.
He said he visited the vessel at the Tema Harbour during his investigations and realised at the time of his visit that its cabin had been set on fire.
The vessel, he said, belonged to Dashment Shipping Services and that in the conversation, it was stated that it was owned by Kojo Dawson.
The court overruled an objection by the defence that the witness could not give evidence on the seating arrangement of the conversation in ACP Boakye's house because he was not present.
According to the defence, since the witness was not present during the conversation, his evidence was based on hearsay and ought not to be admitted. But that was overruled.
The court ruled that the investigator had gone to the scene and his findings were what he told the court and so it was up to the defence to listen and then cross-examine him on that.
Recorded tape in court
THE recorded conversation which took place in the house of ACP Kofi Boakye on the missing 77 parcels of cocaine is to be played in court.
The conversation, which is on a Compact Disc (CD), was admitted in evidence yesterday after the court ruled that the information on it was relevant to the trial.
However, when the seventh prosecution witness, Detective Inspector Charles Adaba, took to the box and the CD was placed in a CD player, it could not play as a result of a technical fault, forcing an adjournment of the case.
At the court’s last sitting on February 21, 2007, the prosecution sought to tender the CD through the witness, who is the investigator in the case, but the defence objected.
The defence argued, among other things, that a solid foundation had not been laid for the tendering of the CD and that since the witness did not produce it, it was not proper that he spoke about it, while its authenticity was also doubtful.
But the prosecution stated that in order to establish the source and content of the CD, it ought to be listened to.
Kwabena Amaning, alias Tagor, is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abbas faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abbas, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abbas, leading to their appearance at the Fast Track High Court.
The court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, said although the production and source of the CD remained a mystery, it was of the opinion that its relevance and authenticity had been established.
It ruled that the issue of relevance was important in the admissibility of evidence, saying that in the instant case no allegations were raised to infringe the conditions of voluntary statement.
The court stated that since the CD had not been heard in full, it could not be determined whether the content was a confession statement or not and so it had been accepted in evidence.
It said evidence by some prosecution witnesses, as well as the accused persons, pointed to the fact that the conversation took place voluntarily, without duress from anybody.
For instance, the court stated that Tagor’s statement was clear that they went to ACP Boakye’s house in connection with the missing cocaine, although he denied any knowledge.
Similarly, Alhaji Abbas also corroborated that evidence by saying that the meeting took place in an atmosphere of relaxation and fun, the court said, adding that since there were suggestions that the meeting went on with jokes and fun, it was assumed that the accused persons were putting their case across.
Sufficient foundation, the court ruled, had been laid for the tendering of the CD, since it was consistent with the charges which had been preferred against the accused persons, adding that coupled with the evidence so far, there was some element of relevance.
The court said evidence as used in the Evidence Decree applied to recorded materials such as the information on the CD, while there was evidence that the accused persons and others attended a meeting.
Mr Ellis Owusu-Fordjour, counsel for Tagor, prayed the court to adjourn the case to enable the defence to receive copies of the ruling, since it wanted to appeal against it.
The acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, objected on the grounds that the appeal would have no effect on the CD if it was played.
In a related development, a Chief Regulatory Officer of the Food and Drugs Board (FDB), Rev Jonathan Yaw Martey, testified in the case concerning the missing cocaine on board the MV Benjamin in which the vessel owner, Joseph Kojo Dawson, and five others are alleged to have played various roles leading to the importation of 77 parcels of cocaine into the country.
The rest are Pak Bok Sil, a Korean, Isaac Arhin and Philip Bruce Arhin, both Ghanaians, Cui Xian Li and Luo Yin Xing, both Chinese.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
They have all pleaded not guilty to the charges and have been remanded in prison custody.
Rev Martey tendered some documents which allowed the importation of psychotropic and narcotic substances and stated that the board did not issue permits to individuals but corporate bodies.
He denied knowing the accused persons and said they were not issued with any permit to import drugs into the country.
The case was adjourned to March 27, 2007.
The conversation, which is on a Compact Disc (CD), was admitted in evidence yesterday after the court ruled that the information on it was relevant to the trial.
However, when the seventh prosecution witness, Detective Inspector Charles Adaba, took to the box and the CD was placed in a CD player, it could not play as a result of a technical fault, forcing an adjournment of the case.
At the court’s last sitting on February 21, 2007, the prosecution sought to tender the CD through the witness, who is the investigator in the case, but the defence objected.
The defence argued, among other things, that a solid foundation had not been laid for the tendering of the CD and that since the witness did not produce it, it was not proper that he spoke about it, while its authenticity was also doubtful.
But the prosecution stated that in order to establish the source and content of the CD, it ought to be listened to.
Kwabena Amaning, alias Tagor, is facing four counts of conspiracy, engaging in prohibited business related to narcotic drugs, buying of narcotic drugs and supplying narcotic drugs, while Alhaji Issah Abbas faces two counts of conspiracy and supply of narcotic drugs.
They have pleaded not guilty to all the counts and have been refused bail by the court.
Kwabena Acheampong, Tagor, Alhaji Abbas, Victor Kisseh, alias Yaw Billah, and Alhaji Moro Mohammed were earlier arraigned at the circuit court for allegedly dealing in narcotic drugs but the prosecution, on Wednesday, November 22, 2006, entered a nolle prosequi, resulting in their discharge.
However, fresh charges were preferred against Tagor and Abbas, leading to their appearance at the Fast Track High Court.
The court, presided over by Mr Justice Jones Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, said although the production and source of the CD remained a mystery, it was of the opinion that its relevance and authenticity had been established.
It ruled that the issue of relevance was important in the admissibility of evidence, saying that in the instant case no allegations were raised to infringe the conditions of voluntary statement.
The court stated that since the CD had not been heard in full, it could not be determined whether the content was a confession statement or not and so it had been accepted in evidence.
It said evidence by some prosecution witnesses, as well as the accused persons, pointed to the fact that the conversation took place voluntarily, without duress from anybody.
For instance, the court stated that Tagor’s statement was clear that they went to ACP Boakye’s house in connection with the missing cocaine, although he denied any knowledge.
Similarly, Alhaji Abbas also corroborated that evidence by saying that the meeting took place in an atmosphere of relaxation and fun, the court said, adding that since there were suggestions that the meeting went on with jokes and fun, it was assumed that the accused persons were putting their case across.
Sufficient foundation, the court ruled, had been laid for the tendering of the CD, since it was consistent with the charges which had been preferred against the accused persons, adding that coupled with the evidence so far, there was some element of relevance.
The court said evidence as used in the Evidence Decree applied to recorded materials such as the information on the CD, while there was evidence that the accused persons and others attended a meeting.
Mr Ellis Owusu-Fordjour, counsel for Tagor, prayed the court to adjourn the case to enable the defence to receive copies of the ruling, since it wanted to appeal against it.
The acting Director of Public Prosecutions (DPP), Ms Gertrude Aikins, objected on the grounds that the appeal would have no effect on the CD if it was played.
In a related development, a Chief Regulatory Officer of the Food and Drugs Board (FDB), Rev Jonathan Yaw Martey, testified in the case concerning the missing cocaine on board the MV Benjamin in which the vessel owner, Joseph Kojo Dawson, and five others are alleged to have played various roles leading to the importation of 77 parcels of cocaine into the country.
The rest are Pak Bok Sil, a Korean, Isaac Arhin and Philip Bruce Arhin, both Ghanaians, Cui Xian Li and Luo Yin Xing, both Chinese.
They have been charged with various counts of using property for narcotic offences, engaging in prohibited business relating to narcotics and possession of narcotic drugs without lawful authority.
They have all pleaded not guilty to the charges and have been remanded in prison custody.
Rev Martey tendered some documents which allowed the importation of psychotropic and narcotic substances and stated that the board did not issue permits to individuals but corporate bodies.
He denied knowing the accused persons and said they were not issued with any permit to import drugs into the country.
The case was adjourned to March 27, 2007.
Friday, March 02, 2007
CJA LOSES BID TO GET CLEARANCE FOR PROCESSION
THE Committee for Joint Action (CJA), has lost in its bid to get clearance from the court to go on a procession next Tuesday in celebration of Ghana’s 50th year of freedom.
That was after the Accra Fast Track High Court dismissed an application seeking to set aside the court’s earlier decision restraining the committee or any other organisation from going on a procession between March 5 and 15 , 2007.
In dismissing the application, the court said it was mindful of Article 21 (1) of the 1992 Constitution, which guarantees freedom of association including the freedom to take part in processions but reiterated that “in times of necessity, the interest of the nation should override individual rights or parochial interests”.
After the court’s ruling, some members of the CJA who were in court displayed posters some of which read “Ghana @ 50 yet no freedom of assembly”,” Ghana @ 50 Police Commander is partisan”, “Ghana @ 50 thank you party policeman Akrofi Asiedu”.
Some notable members of the committee, namely, Mr Ato Ahwoi, Kwesi Pratt Jnr, Mrs Ama Benyiwa Doe, Ms Emelia Arthur, among others, attended the court followed by a few other members.
In its ruling on March 1, 2007, the court ordered that it would be illegal for any person or persons acting under the banner of the CJA or any other organisation to organise and undertake any activity or procession in celebration of the anniversary within the period without the express permission in writing to the police.
The court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge sitting as a High Court judge, gave the order after the Inspector-General of Police (IGP) had filed an ex-parte motion for an order of interim injunction to restrain the holding of a procession on March 6, 2007 by the CJA.
An affidavit in support of the motion and deposed by Bernard Mornah of Tantra Hill, Accra, a spokesman of the CJA, said that irreparable damage would be occasioned to the rights of the CJA if the restraining order was made to stand.
He said there was absolutely no security threat posed by the CJA procession along the route proposed by it and that the organisers had never in any way evinced any intention to embarrass the state or foreign dignitaries attending the Jubilee celebration.
On the contrary, he said, the procession was to provide alternative opportunities to other citizens to mark the anniversary.
Arguing the motion ex-parte, counsel for the CJA, Mr Mahama Ayariga, stated that the court’s restraining order was irregular because it was not warranted by any enactment or rule of procedure.
He said in the absence of a substantive cause or matter between the IGP and the CJA subsisting in the court and initiated either by an originating motion on notice or by a regular writ, the IGP had no base from which to make an interlocutory application.
“This Honourable court erred in law in making an order for interlocutory interim injunction”, he added and quoted Order 25 of the High Court (Civil Procedure) Rules 2004 (CI 47) that “any party to a cause or matter may apply for the grant of an injunction before or after the trial of the cause or matter, whether or not a claim for the injunction was included in the party’s writ, counter claim or third party notice”.
Mr Ayariga further argued that the court’s order that the CJA or any other organisation were not allowed to hold any activity between March 5 to 15, 2007, was without basis in law because it was inconsistent with Article 21 (1) (d) the Constitution and the Public Order Act 1994 (Act 491).
He said if anything at all the police could have provided an alternative route to the CJA, which was bent on going on a peaceful procession.
In dismissing the motion, Mr Justice Baffoe-Bonnie expressed surprise at the line of argument by counsel and stated that the court was of the opinion that the ex-parte application by the IGP was properly brought before the court and satisfied with it, the court granted it.
He said he believed that the inability of the police to provide adequate personnel for the procession was enough ground for the granting of the application.
Mr Justice Baffoe-Bonnie said no procession started off as violent but there had been instances where the organisers have been seen restraining participants from going wayward.
According to him, the alertness of the police and the security agencies towards the Jubilee celebration was not restricted only to March 6, 2007 and that the 10 days order was long enough for the police to sort themselves out to enable them to provide the high service expected of them.
That was after the Accra Fast Track High Court dismissed an application seeking to set aside the court’s earlier decision restraining the committee or any other organisation from going on a procession between March 5 and 15 , 2007.
In dismissing the application, the court said it was mindful of Article 21 (1) of the 1992 Constitution, which guarantees freedom of association including the freedom to take part in processions but reiterated that “in times of necessity, the interest of the nation should override individual rights or parochial interests”.
After the court’s ruling, some members of the CJA who were in court displayed posters some of which read “Ghana @ 50 yet no freedom of assembly”,” Ghana @ 50 Police Commander is partisan”, “Ghana @ 50 thank you party policeman Akrofi Asiedu”.
Some notable members of the committee, namely, Mr Ato Ahwoi, Kwesi Pratt Jnr, Mrs Ama Benyiwa Doe, Ms Emelia Arthur, among others, attended the court followed by a few other members.
In its ruling on March 1, 2007, the court ordered that it would be illegal for any person or persons acting under the banner of the CJA or any other organisation to organise and undertake any activity or procession in celebration of the anniversary within the period without the express permission in writing to the police.
The court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge sitting as a High Court judge, gave the order after the Inspector-General of Police (IGP) had filed an ex-parte motion for an order of interim injunction to restrain the holding of a procession on March 6, 2007 by the CJA.
An affidavit in support of the motion and deposed by Bernard Mornah of Tantra Hill, Accra, a spokesman of the CJA, said that irreparable damage would be occasioned to the rights of the CJA if the restraining order was made to stand.
He said there was absolutely no security threat posed by the CJA procession along the route proposed by it and that the organisers had never in any way evinced any intention to embarrass the state or foreign dignitaries attending the Jubilee celebration.
On the contrary, he said, the procession was to provide alternative opportunities to other citizens to mark the anniversary.
Arguing the motion ex-parte, counsel for the CJA, Mr Mahama Ayariga, stated that the court’s restraining order was irregular because it was not warranted by any enactment or rule of procedure.
He said in the absence of a substantive cause or matter between the IGP and the CJA subsisting in the court and initiated either by an originating motion on notice or by a regular writ, the IGP had no base from which to make an interlocutory application.
“This Honourable court erred in law in making an order for interlocutory interim injunction”, he added and quoted Order 25 of the High Court (Civil Procedure) Rules 2004 (CI 47) that “any party to a cause or matter may apply for the grant of an injunction before or after the trial of the cause or matter, whether or not a claim for the injunction was included in the party’s writ, counter claim or third party notice”.
Mr Ayariga further argued that the court’s order that the CJA or any other organisation were not allowed to hold any activity between March 5 to 15, 2007, was without basis in law because it was inconsistent with Article 21 (1) (d) the Constitution and the Public Order Act 1994 (Act 491).
He said if anything at all the police could have provided an alternative route to the CJA, which was bent on going on a peaceful procession.
In dismissing the motion, Mr Justice Baffoe-Bonnie expressed surprise at the line of argument by counsel and stated that the court was of the opinion that the ex-parte application by the IGP was properly brought before the court and satisfied with it, the court granted it.
He said he believed that the inability of the police to provide adequate personnel for the procession was enough ground for the granting of the application.
Mr Justice Baffoe-Bonnie said no procession started off as violent but there had been instances where the organisers have been seen restraining participants from going wayward.
According to him, the alertness of the police and the security agencies towards the Jubilee celebration was not restricted only to March 6, 2007 and that the 10 days order was long enough for the police to sort themselves out to enable them to provide the high service expected of them.
COURT RESTRAINS CJA FROM GOING ON PROCESSION
THE Accra Fast Track High Court has restrained the Committee for Joint Action (CJA), or any other organisation, from going on a procession between March 5 and 15 , 2007 in celebration of Ghana’s 50th Independence anniversary.
In its ruling on the matter, the court further ordered that it would be illegal for any person or persons acting under the banner of the CJA or any other organisation to organise and undertake any activity or procession in celebration of the anniversary within the period without the express permission in writing to the police.
The order lapses on March 15, 2007 unless it is set aside or extended by the court.
The court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge sitting as a High Court judge, gave the order after the Inspector-General of Police (IGP) had filed an ex-parte motion for an order of interim injunction to restrain the holding of a procession on March 6, 2007 by the CJA.
According to the court, “it arrived at the conclusion cognisant of the fact that in times of necessity, the interest of the nation should override individual rights or parochial interests”.
The action was sent to the court under Section 1 of the Public Order Law, Act 491, and moved by ACOP K.K. Amoah, counsel for the IGP.
An affidavit in support of the motion, which was deposed by the Accra Regional Police Commander, Mr Douglas Akrofi Asiedu, said on February 6, 2007, the police received a written notification from the CJA to hold a people’s procession through the principal streets of Accra to commemorate the 50th anniversary of Ghana’s independence.
It said because of the anniversary, a number of Heads of State, VIPs and other visitors would join Ghanaians to celebrate the occasion and for that reason almost every policeman had been assigned a special duty before and after March 6, 2007 throughout the country.
Consequently, that had made it impossible to organise officers and men to provide the needed security for those who intended to go on the procession. That national concern was conveyed to the organisers by a letter dated February 14, 2007.
The affidavit said the committee, after receiving the letter, replied that it was unable to postpone the event to two weeks as requested by the police and that there could not be any lawful obstacle to the organisation of the procession on March 6, 2007.
It said although the organisers had insisted on holding the procession, their own safety, as well as that of members of the public, could not be guaranteed and that unless restrained from doing so, the procession could create an ungovernable situation which was likely to lead to disorder and insecurity.
Moreover, it said, the Public Order Act and security in Accra and other places would be greatly threatened if the procession took place and added that intelligence reports indicated that other groups opposed to the procession could confront the CJA and that was likely to disturb public order.
ACOP Amoah told the court that the organisers had to be stopped, whether their motive was peaceful or not, because most of the time that was not the case, since people infiltrated their camp and caused havoc.
He said the Kwame Nkrumah Mausoleum, which was the final convergence point of the procession, was very close to the Independence Square where a National Parade would take place.
Asked by the court why the police did not seek redress from the court at a much earlier date, counsel responded that they were trying to dialogue, especially when the fundamental human rights of the CJA were concerned.
The court said the police were trying to sneak behind the CJA to seek its order and that the ex-parte application should be used as a shield and not as a sword.
In his ruling, the judge said he was a bit uneasy that the application had been brought ex-parte, saying it was clear some days ago that the police had been aware that the organisers were not going to comply with the order.
He said activities for the celebration of the Jubilee had been planned to span the whole year and took judicial notice of the fact that there was no doubt about the heavy burden on the police on March 6, 2007.
The judge cited Article 21 (1) of the 1992 Constitution which touched on the freedom of assembly and procession and the Public Order Act which gave meaning to the article in the Constitution.
He said the fact that the police had emphasised their inability to ensure the safety and welfare of the participants of the procession, as well as other members of the society, meant that the application ought to be granted.
Meanwhile, a spokesman for the CJA confirmed to the Daily Graphic that the committee was going to court today to seek a review of the court’s decision.
It described the grounds for the application by the IGP as bogus and without merit and insisted on getting the court’s approval to hold the procession on March 6, 2007.
The National Democratic Congress (NDC) Member of Parliament (MP) for Bawku Central and leading member of the CJA, Mr Mahama Ayariga, told Daily Graphic the ground that there would not be enough policemen to safeguard the welfare of the marchers and the public was untenable.
According to him, if anything at all, the CJA should have been asked to change its route but to debar it from holding the procession was not proper.
“There is no reason doing that, looking at the route, so they should have asked us to change the route but telling us not to hold the procession is not right,” he said.
In its ruling on the matter, the court further ordered that it would be illegal for any person or persons acting under the banner of the CJA or any other organisation to organise and undertake any activity or procession in celebration of the anniversary within the period without the express permission in writing to the police.
The order lapses on March 15, 2007 unless it is set aside or extended by the court.
The court, presided over by Mr Justice P. Baffoe-Bonnie, a Court of Appeal judge sitting as a High Court judge, gave the order after the Inspector-General of Police (IGP) had filed an ex-parte motion for an order of interim injunction to restrain the holding of a procession on March 6, 2007 by the CJA.
According to the court, “it arrived at the conclusion cognisant of the fact that in times of necessity, the interest of the nation should override individual rights or parochial interests”.
The action was sent to the court under Section 1 of the Public Order Law, Act 491, and moved by ACOP K.K. Amoah, counsel for the IGP.
An affidavit in support of the motion, which was deposed by the Accra Regional Police Commander, Mr Douglas Akrofi Asiedu, said on February 6, 2007, the police received a written notification from the CJA to hold a people’s procession through the principal streets of Accra to commemorate the 50th anniversary of Ghana’s independence.
It said because of the anniversary, a number of Heads of State, VIPs and other visitors would join Ghanaians to celebrate the occasion and for that reason almost every policeman had been assigned a special duty before and after March 6, 2007 throughout the country.
Consequently, that had made it impossible to organise officers and men to provide the needed security for those who intended to go on the procession. That national concern was conveyed to the organisers by a letter dated February 14, 2007.
The affidavit said the committee, after receiving the letter, replied that it was unable to postpone the event to two weeks as requested by the police and that there could not be any lawful obstacle to the organisation of the procession on March 6, 2007.
It said although the organisers had insisted on holding the procession, their own safety, as well as that of members of the public, could not be guaranteed and that unless restrained from doing so, the procession could create an ungovernable situation which was likely to lead to disorder and insecurity.
Moreover, it said, the Public Order Act and security in Accra and other places would be greatly threatened if the procession took place and added that intelligence reports indicated that other groups opposed to the procession could confront the CJA and that was likely to disturb public order.
ACOP Amoah told the court that the organisers had to be stopped, whether their motive was peaceful or not, because most of the time that was not the case, since people infiltrated their camp and caused havoc.
He said the Kwame Nkrumah Mausoleum, which was the final convergence point of the procession, was very close to the Independence Square where a National Parade would take place.
Asked by the court why the police did not seek redress from the court at a much earlier date, counsel responded that they were trying to dialogue, especially when the fundamental human rights of the CJA were concerned.
The court said the police were trying to sneak behind the CJA to seek its order and that the ex-parte application should be used as a shield and not as a sword.
In his ruling, the judge said he was a bit uneasy that the application had been brought ex-parte, saying it was clear some days ago that the police had been aware that the organisers were not going to comply with the order.
He said activities for the celebration of the Jubilee had been planned to span the whole year and took judicial notice of the fact that there was no doubt about the heavy burden on the police on March 6, 2007.
The judge cited Article 21 (1) of the 1992 Constitution which touched on the freedom of assembly and procession and the Public Order Act which gave meaning to the article in the Constitution.
He said the fact that the police had emphasised their inability to ensure the safety and welfare of the participants of the procession, as well as other members of the society, meant that the application ought to be granted.
Meanwhile, a spokesman for the CJA confirmed to the Daily Graphic that the committee was going to court today to seek a review of the court’s decision.
It described the grounds for the application by the IGP as bogus and without merit and insisted on getting the court’s approval to hold the procession on March 6, 2007.
The National Democratic Congress (NDC) Member of Parliament (MP) for Bawku Central and leading member of the CJA, Mr Mahama Ayariga, told Daily Graphic the ground that there would not be enough policemen to safeguard the welfare of the marchers and the public was untenable.
According to him, if anything at all, the CJA should have been asked to change its route but to debar it from holding the procession was not proper.
“There is no reason doing that, looking at the route, so they should have asked us to change the route but telling us not to hold the procession is not right,” he said.
Tuesday, February 27, 2007
GHANA'S JUDICIARY AT 50 YEARS
BEFORE the advent of colonial rule, the natives of Ghana, then the Gold Coast, adjudicated cases through customary law, with the chief's palace serving as the court. Peace thrived and the people lived in harmony, because the parties in a litigation went home almost always satisfied.
Whenever they were not satisfied with any judgement or settlement, they had another option to go to the most senior chief or paramount chief for appeal. Decisions arrived at on appeal were final and had to be heeded to.
Justice was thus ensured through the prescription of sentences either in the form of punishment and reward or in restitution. However, with the onset of British colonial rule, the Queen of England exercised judicial powers over the Gold Coast.
This article looks at the history of the judicial system in Ghana, the challenges and the way forward in the wake of Ghana's 50th independence anniversary celebration.
Historical records indicate that the Bond of March 6, 1844, signed at Cape Coast between Commander Hill and some local Fanti chiefs, was a document that acknowledged the power and jurisdiction which had been exercised in the territories adjacent to the British forts, as well as other settlements.
It was a declaration that the first object of the law was the protection of individuals and property and that human sacrifices, ‘panyarring’ (giving others as pawns for debts until such debts were paid back), and other barbaric customs were an abomination and contrary to the law.
The agreement was that serious crimes should be tried by the Queen's Judicial Officers, who should sit with the chiefs to mould the customs of the land to meet the general principles of British Law.
In 1853, the Supreme Court Ordinance was passed to establish the Supreme Court of Her Majesty’s forts and settlements on the Gold Coast, which had in 1850 been severed from Sierra Leone and given its own governor in the person of Commander Hill.
However, by a commission dated February 19, 1866, the Charter of 1850 was revoked and the Gold Coast, together with Sierra Leone, Nigeria and The Gambia were created under the governors of these four states.
The judiciary at the time had a chequered history of several revokes until 1876 when it was firmly established through the Supreme Court Ordinance (Ordinance No. 4 of 1876). The first Judicial Service Commission, consisting of the Chief Justice and two other judges, the Attorney General and the Chairman of the Public Service Commission, was set up on May 5, 1954.
That was when the greater part of the Gold Coast (Constitution) Order in Council came into operation.
In fact, as with all post-independence constitutions, Article 125 (3) of the 1992 Constitution vests in the Judiciary the powers of the Republic to administer the day-to-day activities of the courts.
Since 1876, Ghana has had 23 Chief Justices with the current Chief Justice, Mr Justice George Kingsley Acquah, being the 11th post-independence Chief Justice, having assumed office in 2003. Sir Arku Korsah was the first post-independence Chief Justice, having served from 1956 to 1963.
Of the 23 Chief Justices, the longest serving officer was Justice Philip Crampton Symly, from 1911 to 1928 while the shortest serving officer was Justice P.A. Smith, from 1878 to 1879.
The mission of the Judicial Service of Ghana is to promote the smooth and efficient administration of justice for the benefit of all manner of persons without fear or favour, affection or ill will and create an enabling environment for good governance.
Primarily, the courts interpret the law and adjudicate cases to bring about justice in society.
It is worthy of note that the country's court system is modelled along the lines of the British system and embodies both Common Law and Customary Law. A combination of the adversarial, inquisitorial and jury systems of trial is used.
In the adversarial system, the court’s actors serve as impartial referees between the accused and accuser to arrive at conclusions on the basis of the law.
In the jury system, however, people who are of the same background as the defendant, mostly in indictable crimes, are selected to listen to the court proceedings and get educated on the law by a judge after which they retire to sit in camera to arrive at a decision on whether one is guilty or not.
In the inquisitorial system, the judge asks questions in order to elicit the truth.
As the mission of the service clearly shows, embarking on such an exercise is not easy, especially when human beings are the major players. This notwithstanding, the service has come a long way to make Ghana a beacon of hope on the African continent.
The courts in Ghana are of two main categories: The superior courts and the lower courts, with the former comprising the Supreme Court, which is the highest court of the land, the Court of Appeal, the High Court and the Regional Tribunal.
The lower courts, on the other hand, are made up of the circuit court, district court, which, when differently constituted, serve as a juvenile court, and the family tribunal.
The Supreme Court is the final appellate body of the whole court system of the country and it has the original and exclusive jurisdiction in all matters relating to the enforcement or interpretation of the constitution and all matters arising as to whether an enactment was made in the excess of the powers conferred on Parliament or any other authority or person by law or under the constitution.
It has appellate jurisdiction to the exclusion of the Court of Appeal, to determine matters relating to the conviction of a person for high treason.
Appeals from the National House of Chiefs are also heard by the Supreme Court, which has supervisory jurisdiction over all courts in the country.
The 2005/06 Annual Report put the number of Supreme Court judges at 14 but some of them have since gone on retirement. The number of justices at the Supreme Court, according to this figure, is even but the number for each panel should always be an odd number so that there could not be a tie when taking decisions.
The Court of Appeal has no original jurisdiction and it serves as the appellate court for all the High Courts, Regional Tribunals and the circuit courts, unless otherwise provided by law.
Article 136 of the Constitution states that the Court of Appeal shall consist of the Chief Justice, not less than 10 other justices of the Court of Appeal and such other justices of the superior court as the Chief Justice may request to sit in the Court of Appeal. At any of its sittings, the court is constituted by three justices.
The same 2005/06 Annual Report gave the number of Appeal Court justices as 21. Again, this could be lower or higher, depending on new promotions and the number of them who have gone on retirement.
It is important to indicate that both the Supreme Court and the Court of Appeal only sit in Accra. However, there are plans by the current Chief Justice to move the Court of Appeal to Kumasi.
Similarly, there is only one High Court but with extensions in major towns, as well as the cities. The High Court is constituted by a single judge, who controls its activities. But in indictable trials the judge is required to sit with a jury or assessors. Unless specified by the Constitution, the High Court has original jurisdiction in all matters, whether civil or criminal, and it also has appellate jurisdiction as may be conferred on it by the Constitution or any other law.
Under the current dispensation, the High Court serves as the appellate body for appeals from criminal judgement of the circuit court and all appeals from the district court, the juvenile court and the family tribunal.
The 2005/06 Annual Report gave the number of High Court judges in the country as 62 and, again, as indicated already this number could be higher or lower, depending on the number of new promotions and retirements.
Accra and Tema combined have the highest number of High Court extensions and are followed by the Ashanti and Western regions, Eastern Region, Central, Brong Ahafo and Volta regions as well as the Northern Region, Upper East and Upper West regions in that order.
Two other divisions of the High Court, namely, the Fast Track High Court and Commercial Court, have been created and both operate under an electronic case flow management system. The establishment of the Fast Track division generated a lot of hullabaloo at the time.
The commercial courts were also set up following the general dissatisfaction with the resolution of commercial disputes and as per their mandate, they deal exclusively with matters of a commercial nature.
This is clearly spelt out under Order 58 of C.I. 47 (High Court Civil Procedure Rules). The difference between this court and the other high courts is with respect to its jurisdiction.
The court procedure is such that some justices of the Court of Appeal can sit with additional responsibility as High Court judges.
Article 142 of the Constitution mandates the Chief Justice to establish in each of the regions a Regional Tribunal with special criminal jurisdiction. The tribunals have the status of the High Court and have jurisdiction to try offences against the state and the public interest as Parliament may by law prescribe.
Previously, the tribunals were operating in Kumasi, Takoradi and Bolgatanga but these have been turned to High Courts except those in Accra and Tamale, which are currently in operation.
The tribunal is constituted by a panel consisting of a Chairman and not less than two other panel members.
The circuit court is at the apex of the lower courts and its jurisdiction includes civil actions arising under contract or tort or for recovery of all liquidated claims not exceeding ¢100 million, jurisdiction in all landlord and tenant cases, ownership, possession, occupation and title to land cases.
It also has jurisdiction in application for probate and letters of administration, where the value of property does not exceed ¢100 million and jurisdiction in matters involving children.
Appeals from the Circuit Court in civil matters go to the Court of Appeal while those of criminal cases go to the High Court and then to the Court of Appeal or the Supreme Court.
According to the report, there are 57 circuit court judges at post and this presupposes that there is an equal number of courts spread across the country, with the Ashanti Region having the largest share followed by Accra, Eastern and Volta, Brong Ahafo, Central and Western regions and others in that order.
Some Circuit Court judges also sit as additional District Court magistrates in districts where magistrates have not been appointed.
The District Courts make up the largest number of courts in the country and statistically handle the largest number of cases as well.
This has been bolstered by the introduction of the career magistrate programme, the first batch of which passed out in October 2005. That increased the number of magistrates by about 58 per cent. As of 2006, there were 79 magistrates at post, although the annual report pegged the figure at 80, the additional one being a special assistant to the Chief Justice.
The civil jurisdiction of the District Court is just like that of the Circuit Court except that the value is far less (not exceeding ¢50 million). In criminal matters, these courts have jurisdiction to try summarily offences punishable by a fine not exceeding 500 penalty units (one penalty unit is ¢120,000), or imprisonment for a term not exceeding two years or both.
It also has jurisdiction to try attempts to commit suicide and abetment of crime or conspiracy to commit such offences.
The Juvenile Court is composed of a magistrate and two other persons, one of whom should be a social welfare officer with power to hear and determine any matter, civil or criminal, that involves a person under 18.
Regrettably, most of the magistrates’ courts are not sitting as Juvenile Courts because they have no magistrates. The District Court also serves as a family tribunal to hear and determine actions that arise under the Children’s Act 1998 (Act 560), that is, matters concerning parentage, custody, access to and maintenance of children, as well as jurisdiction in cases of children in need of special care and protection, in which case the tribunal can render care and supervision orders.
It is constituted by a panel of a Chairman and not less than two or more than five members, including a social welfare officer appointed by the Chief Justice on the recommendation of the Director of Social Welfare.
The effective administration of justice by no means enhances good governance and also promotes democracy.
That the judicial service plays a major role in the development of the country is no fluke and that is why any infractions or slurs on its part put in jeopardy the rule of law, transparency and the speedy administration of justice and upholding the fundamental human rights of the people.
Can the Judiciary be said to have passed the test to promote good governance in the overall development of the country? Life, it has been said, begins at 40 and if so, then 50 years (minus colonial encounters) in the life of the Judiciary is no mean achievement. For this reason, the Judiciary in Ghana is expected to have chalked up some successes, which, no doubt, has been the case.
However, one critical issue that faces the Judiciary is the public’s unfavourable perception of corruption, the reliance on outdated rules and procedures, inadequate equipment, the lack of exposure to good and current legal practices and unreasonable delays in the adjudication of cases, among others.
These are things to worry about especially when the current Chief Justice, Mr Justice Acquah, clearly admits that while the truth of some of these complaints may be due to individual frailties, the majority of them could be traced to the unsatisfactory infrastructural facilities and environment under which members of the Judiciary work.
Such a situation obviously gives room for low public confidence, especially in the business community. Sometimes the mere sight of our court buildings makes one wonder whether the Judiciary deserves its status as the third arm of government.
The numerous problems of the Judiciary notwithstanding, one can heave a sigh of great relief, considering efforts put in place to make it the envy of other countries on the continent.
It is in this area that the Chief Justice should be commended for embarking on a wide range of innovations including the review of some of the court rules and procedures, especially the High Court (Civil Procedure) Rules, 2004, C. I. 47, which allow the engagement of private persons or institutions to serve court processes, the development of a code of ethics, the establishment of the complaints unit, the Fast Track system and commercial court units, as well as the construction of a new Supreme Court administration block and the Court of Appeal complex to be built at Adum in Kumasi and also the resort to Alternative Dispute Resolution and the publication of an Annual Report to highlight the annual activities of the service.
In fact, since July 4, 2003, when the Chief Justice assumed office, he has also ensured that corruption in the service is minimised to enhance accountability. He has, therefore, introduced a new system of revenue collection and the HFC Bank has provided a collection point for all court fees and fines from litigants and other court users.
This project, which commenced in June 2006, is expected to be extended to the regional courts. Another plus for the service is the Chief Justice’s outreach programme, which has been instituted to actively engage all Ghanaians in discussing the challenges facing the administration of justice at the local and district levels.
It was no surprise, therefore, that in June 2006 the Chief Justice was awarded the highest honour of the land, the Order of the Star of Ghana, in recognition of his hard work, dynamic leadership, dedication to work and the many reforms that he had introduced to enhance the administration of justice in the country.
Whenever they were not satisfied with any judgement or settlement, they had another option to go to the most senior chief or paramount chief for appeal. Decisions arrived at on appeal were final and had to be heeded to.
Justice was thus ensured through the prescription of sentences either in the form of punishment and reward or in restitution. However, with the onset of British colonial rule, the Queen of England exercised judicial powers over the Gold Coast.
This article looks at the history of the judicial system in Ghana, the challenges and the way forward in the wake of Ghana's 50th independence anniversary celebration.
Historical records indicate that the Bond of March 6, 1844, signed at Cape Coast between Commander Hill and some local Fanti chiefs, was a document that acknowledged the power and jurisdiction which had been exercised in the territories adjacent to the British forts, as well as other settlements.
It was a declaration that the first object of the law was the protection of individuals and property and that human sacrifices, ‘panyarring’ (giving others as pawns for debts until such debts were paid back), and other barbaric customs were an abomination and contrary to the law.
The agreement was that serious crimes should be tried by the Queen's Judicial Officers, who should sit with the chiefs to mould the customs of the land to meet the general principles of British Law.
In 1853, the Supreme Court Ordinance was passed to establish the Supreme Court of Her Majesty’s forts and settlements on the Gold Coast, which had in 1850 been severed from Sierra Leone and given its own governor in the person of Commander Hill.
However, by a commission dated February 19, 1866, the Charter of 1850 was revoked and the Gold Coast, together with Sierra Leone, Nigeria and The Gambia were created under the governors of these four states.
The judiciary at the time had a chequered history of several revokes until 1876 when it was firmly established through the Supreme Court Ordinance (Ordinance No. 4 of 1876). The first Judicial Service Commission, consisting of the Chief Justice and two other judges, the Attorney General and the Chairman of the Public Service Commission, was set up on May 5, 1954.
That was when the greater part of the Gold Coast (Constitution) Order in Council came into operation.
In fact, as with all post-independence constitutions, Article 125 (3) of the 1992 Constitution vests in the Judiciary the powers of the Republic to administer the day-to-day activities of the courts.
Since 1876, Ghana has had 23 Chief Justices with the current Chief Justice, Mr Justice George Kingsley Acquah, being the 11th post-independence Chief Justice, having assumed office in 2003. Sir Arku Korsah was the first post-independence Chief Justice, having served from 1956 to 1963.
Of the 23 Chief Justices, the longest serving officer was Justice Philip Crampton Symly, from 1911 to 1928 while the shortest serving officer was Justice P.A. Smith, from 1878 to 1879.
The mission of the Judicial Service of Ghana is to promote the smooth and efficient administration of justice for the benefit of all manner of persons without fear or favour, affection or ill will and create an enabling environment for good governance.
Primarily, the courts interpret the law and adjudicate cases to bring about justice in society.
It is worthy of note that the country's court system is modelled along the lines of the British system and embodies both Common Law and Customary Law. A combination of the adversarial, inquisitorial and jury systems of trial is used.
In the adversarial system, the court’s actors serve as impartial referees between the accused and accuser to arrive at conclusions on the basis of the law.
In the jury system, however, people who are of the same background as the defendant, mostly in indictable crimes, are selected to listen to the court proceedings and get educated on the law by a judge after which they retire to sit in camera to arrive at a decision on whether one is guilty or not.
In the inquisitorial system, the judge asks questions in order to elicit the truth.
As the mission of the service clearly shows, embarking on such an exercise is not easy, especially when human beings are the major players. This notwithstanding, the service has come a long way to make Ghana a beacon of hope on the African continent.
The courts in Ghana are of two main categories: The superior courts and the lower courts, with the former comprising the Supreme Court, which is the highest court of the land, the Court of Appeal, the High Court and the Regional Tribunal.
The lower courts, on the other hand, are made up of the circuit court, district court, which, when differently constituted, serve as a juvenile court, and the family tribunal.
The Supreme Court is the final appellate body of the whole court system of the country and it has the original and exclusive jurisdiction in all matters relating to the enforcement or interpretation of the constitution and all matters arising as to whether an enactment was made in the excess of the powers conferred on Parliament or any other authority or person by law or under the constitution.
It has appellate jurisdiction to the exclusion of the Court of Appeal, to determine matters relating to the conviction of a person for high treason.
Appeals from the National House of Chiefs are also heard by the Supreme Court, which has supervisory jurisdiction over all courts in the country.
The 2005/06 Annual Report put the number of Supreme Court judges at 14 but some of them have since gone on retirement. The number of justices at the Supreme Court, according to this figure, is even but the number for each panel should always be an odd number so that there could not be a tie when taking decisions.
The Court of Appeal has no original jurisdiction and it serves as the appellate court for all the High Courts, Regional Tribunals and the circuit courts, unless otherwise provided by law.
Article 136 of the Constitution states that the Court of Appeal shall consist of the Chief Justice, not less than 10 other justices of the Court of Appeal and such other justices of the superior court as the Chief Justice may request to sit in the Court of Appeal. At any of its sittings, the court is constituted by three justices.
The same 2005/06 Annual Report gave the number of Appeal Court justices as 21. Again, this could be lower or higher, depending on new promotions and the number of them who have gone on retirement.
It is important to indicate that both the Supreme Court and the Court of Appeal only sit in Accra. However, there are plans by the current Chief Justice to move the Court of Appeal to Kumasi.
Similarly, there is only one High Court but with extensions in major towns, as well as the cities. The High Court is constituted by a single judge, who controls its activities. But in indictable trials the judge is required to sit with a jury or assessors. Unless specified by the Constitution, the High Court has original jurisdiction in all matters, whether civil or criminal, and it also has appellate jurisdiction as may be conferred on it by the Constitution or any other law.
Under the current dispensation, the High Court serves as the appellate body for appeals from criminal judgement of the circuit court and all appeals from the district court, the juvenile court and the family tribunal.
The 2005/06 Annual Report gave the number of High Court judges in the country as 62 and, again, as indicated already this number could be higher or lower, depending on the number of new promotions and retirements.
Accra and Tema combined have the highest number of High Court extensions and are followed by the Ashanti and Western regions, Eastern Region, Central, Brong Ahafo and Volta regions as well as the Northern Region, Upper East and Upper West regions in that order.
Two other divisions of the High Court, namely, the Fast Track High Court and Commercial Court, have been created and both operate under an electronic case flow management system. The establishment of the Fast Track division generated a lot of hullabaloo at the time.
The commercial courts were also set up following the general dissatisfaction with the resolution of commercial disputes and as per their mandate, they deal exclusively with matters of a commercial nature.
This is clearly spelt out under Order 58 of C.I. 47 (High Court Civil Procedure Rules). The difference between this court and the other high courts is with respect to its jurisdiction.
The court procedure is such that some justices of the Court of Appeal can sit with additional responsibility as High Court judges.
Article 142 of the Constitution mandates the Chief Justice to establish in each of the regions a Regional Tribunal with special criminal jurisdiction. The tribunals have the status of the High Court and have jurisdiction to try offences against the state and the public interest as Parliament may by law prescribe.
Previously, the tribunals were operating in Kumasi, Takoradi and Bolgatanga but these have been turned to High Courts except those in Accra and Tamale, which are currently in operation.
The tribunal is constituted by a panel consisting of a Chairman and not less than two other panel members.
The circuit court is at the apex of the lower courts and its jurisdiction includes civil actions arising under contract or tort or for recovery of all liquidated claims not exceeding ¢100 million, jurisdiction in all landlord and tenant cases, ownership, possession, occupation and title to land cases.
It also has jurisdiction in application for probate and letters of administration, where the value of property does not exceed ¢100 million and jurisdiction in matters involving children.
Appeals from the Circuit Court in civil matters go to the Court of Appeal while those of criminal cases go to the High Court and then to the Court of Appeal or the Supreme Court.
According to the report, there are 57 circuit court judges at post and this presupposes that there is an equal number of courts spread across the country, with the Ashanti Region having the largest share followed by Accra, Eastern and Volta, Brong Ahafo, Central and Western regions and others in that order.
Some Circuit Court judges also sit as additional District Court magistrates in districts where magistrates have not been appointed.
The District Courts make up the largest number of courts in the country and statistically handle the largest number of cases as well.
This has been bolstered by the introduction of the career magistrate programme, the first batch of which passed out in October 2005. That increased the number of magistrates by about 58 per cent. As of 2006, there were 79 magistrates at post, although the annual report pegged the figure at 80, the additional one being a special assistant to the Chief Justice.
The civil jurisdiction of the District Court is just like that of the Circuit Court except that the value is far less (not exceeding ¢50 million). In criminal matters, these courts have jurisdiction to try summarily offences punishable by a fine not exceeding 500 penalty units (one penalty unit is ¢120,000), or imprisonment for a term not exceeding two years or both.
It also has jurisdiction to try attempts to commit suicide and abetment of crime or conspiracy to commit such offences.
The Juvenile Court is composed of a magistrate and two other persons, one of whom should be a social welfare officer with power to hear and determine any matter, civil or criminal, that involves a person under 18.
Regrettably, most of the magistrates’ courts are not sitting as Juvenile Courts because they have no magistrates. The District Court also serves as a family tribunal to hear and determine actions that arise under the Children’s Act 1998 (Act 560), that is, matters concerning parentage, custody, access to and maintenance of children, as well as jurisdiction in cases of children in need of special care and protection, in which case the tribunal can render care and supervision orders.
It is constituted by a panel of a Chairman and not less than two or more than five members, including a social welfare officer appointed by the Chief Justice on the recommendation of the Director of Social Welfare.
The effective administration of justice by no means enhances good governance and also promotes democracy.
That the judicial service plays a major role in the development of the country is no fluke and that is why any infractions or slurs on its part put in jeopardy the rule of law, transparency and the speedy administration of justice and upholding the fundamental human rights of the people.
Can the Judiciary be said to have passed the test to promote good governance in the overall development of the country? Life, it has been said, begins at 40 and if so, then 50 years (minus colonial encounters) in the life of the Judiciary is no mean achievement. For this reason, the Judiciary in Ghana is expected to have chalked up some successes, which, no doubt, has been the case.
However, one critical issue that faces the Judiciary is the public’s unfavourable perception of corruption, the reliance on outdated rules and procedures, inadequate equipment, the lack of exposure to good and current legal practices and unreasonable delays in the adjudication of cases, among others.
These are things to worry about especially when the current Chief Justice, Mr Justice Acquah, clearly admits that while the truth of some of these complaints may be due to individual frailties, the majority of them could be traced to the unsatisfactory infrastructural facilities and environment under which members of the Judiciary work.
Such a situation obviously gives room for low public confidence, especially in the business community. Sometimes the mere sight of our court buildings makes one wonder whether the Judiciary deserves its status as the third arm of government.
The numerous problems of the Judiciary notwithstanding, one can heave a sigh of great relief, considering efforts put in place to make it the envy of other countries on the continent.
It is in this area that the Chief Justice should be commended for embarking on a wide range of innovations including the review of some of the court rules and procedures, especially the High Court (Civil Procedure) Rules, 2004, C. I. 47, which allow the engagement of private persons or institutions to serve court processes, the development of a code of ethics, the establishment of the complaints unit, the Fast Track system and commercial court units, as well as the construction of a new Supreme Court administration block and the Court of Appeal complex to be built at Adum in Kumasi and also the resort to Alternative Dispute Resolution and the publication of an Annual Report to highlight the annual activities of the service.
In fact, since July 4, 2003, when the Chief Justice assumed office, he has also ensured that corruption in the service is minimised to enhance accountability. He has, therefore, introduced a new system of revenue collection and the HFC Bank has provided a collection point for all court fees and fines from litigants and other court users.
This project, which commenced in June 2006, is expected to be extended to the regional courts. Another plus for the service is the Chief Justice’s outreach programme, which has been instituted to actively engage all Ghanaians in discussing the challenges facing the administration of justice at the local and district levels.
It was no surprise, therefore, that in June 2006 the Chief Justice was awarded the highest honour of the land, the Order of the Star of Ghana, in recognition of his hard work, dynamic leadership, dedication to work and the many reforms that he had introduced to enhance the administration of justice in the country.
PROSECUTION'S INVESTIGATIONS HIT A SNAG
THE prosecution is facing difficulties in its investigations into the case in which Prince Tsibu Darko, the Tema-based businessman has been accused of exporting 3,700 kilogrammes of cocaine to Europe.
Consequently, at the instance of the prosecution, the Accra Fast Track High Court trying the accused yesterday adjourned the case to March 27, 2007, to enable the prosecution to conduct further investigations.
At the court’s sitting, Mrs Yvonne Atakora Obuobisa, a Senior State Attorney said the prosecution was still conducting investigations into the matter and that the position remained the same.
She reminded the court of the prosecution’s request during the last sitting, that the case be adjourned to enable further investigations to be conducted but the Republic’s efforts had been hit by a snag.
“The position is still the same and the Republic has not been able to complete the investigations. We have some difficulties”, Mrs Obuobisa stated.
She did not indicate the kind of problem being faced by the prosecution but at earlier sittings, the court was informed that the investigations were being hampered by the fact that relevant information to assist in the prosecution was outside the jurisdiction of the court.
At the court’s last sitting, for instance, the prosecution asked for an adjournment to yesterday because it was wrapping up its investigations into the matter.
The prosecution told the court that investigations were still on going , while it was working on some leads it had received.
Mr Charles Puozuing, who stood in for Darko’s lead counsel did not object to the prosecution’s application.
The court, presided over by Mr Justice J. Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, upheld the application and adjourned the case.
Darko is facing one count of engaging in business related to narcotic drugs and, according to the facts of the case, in the middle of 2005 he allegedly exported 3,700 kilogrammes of cocaine to Europe without lawful authority.
Darko was first remanded by the Fast Track Court on November 23, 2006, almost 72 hours after another High Court, presided over by Mr Justice Anthony Abada, had granted him bail in the sum of ¢5 billion with two sureties.
The High Court, on November 20, 2006, granted the accused person bail after his counsel had made an application to that effect but the prosecution had earlier that day entered a nolle prosequi at the circuit court, resulting in the discharge of the accused person.
He was, however, not released on bail because the prosecution preferred fresh charges against him after entering the nolle prosequi at the circuit court.
Currently, he is on a ¢1 billion bail with two sureties to be justified and had also surrendered his passport and any travel document to the registrar of the court.
He is also to report himself to the police investigator at the Criminal Investigations Department (CID) Headquarters of the Ghana Police Service every Wednesday until otherwise directed.
Consequently, at the instance of the prosecution, the Accra Fast Track High Court trying the accused yesterday adjourned the case to March 27, 2007, to enable the prosecution to conduct further investigations.
At the court’s sitting, Mrs Yvonne Atakora Obuobisa, a Senior State Attorney said the prosecution was still conducting investigations into the matter and that the position remained the same.
She reminded the court of the prosecution’s request during the last sitting, that the case be adjourned to enable further investigations to be conducted but the Republic’s efforts had been hit by a snag.
“The position is still the same and the Republic has not been able to complete the investigations. We have some difficulties”, Mrs Obuobisa stated.
She did not indicate the kind of problem being faced by the prosecution but at earlier sittings, the court was informed that the investigations were being hampered by the fact that relevant information to assist in the prosecution was outside the jurisdiction of the court.
At the court’s last sitting, for instance, the prosecution asked for an adjournment to yesterday because it was wrapping up its investigations into the matter.
The prosecution told the court that investigations were still on going , while it was working on some leads it had received.
Mr Charles Puozuing, who stood in for Darko’s lead counsel did not object to the prosecution’s application.
The court, presided over by Mr Justice J. Dotse, an Appeal Court judge sitting with additional responsibility as a High Court judge, upheld the application and adjourned the case.
Darko is facing one count of engaging in business related to narcotic drugs and, according to the facts of the case, in the middle of 2005 he allegedly exported 3,700 kilogrammes of cocaine to Europe without lawful authority.
Darko was first remanded by the Fast Track Court on November 23, 2006, almost 72 hours after another High Court, presided over by Mr Justice Anthony Abada, had granted him bail in the sum of ¢5 billion with two sureties.
The High Court, on November 20, 2006, granted the accused person bail after his counsel had made an application to that effect but the prosecution had earlier that day entered a nolle prosequi at the circuit court, resulting in the discharge of the accused person.
He was, however, not released on bail because the prosecution preferred fresh charges against him after entering the nolle prosequi at the circuit court.
Currently, he is on a ¢1 billion bail with two sureties to be justified and had also surrendered his passport and any travel document to the registrar of the court.
He is also to report himself to the police investigator at the Criminal Investigations Department (CID) Headquarters of the Ghana Police Service every Wednesday until otherwise directed.
TWO US ENERGY COMPANIES IN COURT OVER CONTRACT
AN Accra High Court on Monday dismissed an application by G.E. Energy Rentals Incorporated, a US -based company, for an extension of time to enable it to appeal against the court’s order that the case in which Lushann International Energy Incorporated, another US company, has sued should be heard.
The two are feuding over a contract signed with the Volta River Authority (VRA) in 2002 which has implications for the country’s energy needs and would have culminated in the supply of 85 MW of power to supplement supplies from the Akosombo Dam and the Aboadze Thermal Plant.
The court, presided over by Mr Justice K.A. Ofori-Atta, awarded costs of ¢4 million against G.E. Energy Rentals in favour of Lushann International and Mr Philip Dampare, a co-plaintiff.
At the instance of the defendant company’s solicitor, the court fixed Wednesday, February 28, 2007 for the hearing of the case.
According to the solicitor, Mrs Brenda Aikins, counsel for the defendant company, Mr Ace Ankomah, was indisposed.
Counsel for the plaintiff and co-plaintiff, Mr Atta Akyea and Mr Kwame Boafo, asked for costs of ¢5 million each because, according to them, the application was an abuse of the court process. But the court rather awarded costs of ¢2 million each in their favour.
The court had earlier in December dismissed a preliminary application by the defendant company which sought to dismiss the action brought against it by Lushann International.
In that application, the defendant company argued that a court in Texas, USA, had dismissed a similar case which Lushann International instituted against it.
However, the Accra High Court reasoned that the matters raised by Lushann International should be the subject matter of the trial in Ghana.
When the court fixed a date for yesterday’s hearing, the defendant company, on January 29, 2007, filed for an extension of time to enable it to appeal against the court’s decision to go into the merits of the matter.
The court ruled that the application for extension was inexcusable and accordingly dismissed it to pave the way for the hearing of the substantive matter.
In the substantive matter, Lushann International is seeking a declaration that the conduct of G.E. Energy Rentals amounted to a breach of contract.
On January 10, 2002, the management of the VRA entered into an agreement with Lushann for the lease of an 85 MW power plant for a three-year period to supplement the energy supply in the system.
In order to ensure efficiency in the execution of the project, Lushann International entered into an agreement with G. E. Energy Rentals to jointly execute it.
However, according to the plaintiff, the defendant used plaintiff’s trade secrets and strategic information regarding its Power Purchase Agreement (PPA) with the VRA without its consent.
It further contended that the defendant interfered with the plaintiff’s contractual relationship with the VRA, which resulted in the termination of the PPA and misappropriated its trade secret.
It said on February 8, 2002, the plaintiff executed a PPA with the VRA for the emergency supply of power to Ghana.
According to the statement, after the execution of the PPA, the plaintiff, mindful of the time constraints, aggressively expended effort, time and resources towards its implementation.
These included negotiating and executing several agreements, making trips within the US, to Europe and Africa.
Lushann International said because of the estimated time of four to six months required to pour concrete for the installation of a permanent plant, the VRA and the plaintiff decided to resort to the temporary use of skid mounted units.
It said the plaintiff found out that the defendant had several of the skid mounted units in the US to rent out and so, with the assistance of the defendant’s personnel, it conducted an inspection of the units.
According to the statement, the plaintiff and the defendant then commenced discussions and negotiations aimed at exploring ways and means of implementing the PPA with the VRA and sent the defendant a copy of the PPA, a copy of the letters of credit opened in plaintiff’s favour by the VRA and the names of its primary contacts at the VRA.
It said during those discussions, the plaintiff revealed its trade secrets, confidential business information and the strategic plans for power generation in Ghana and the rest of West Africa, with assurances from the defendant that the information would be utilised only to further the plaintiff’s relationship with the VRA.
It was also to enable the defendant to assess plaintiff’s invitation to form a limited joint venture with the defendant for the purpose of supplying power to the West African sub-region.
As a result of those discussions and negotiations, the plaintiff and the defendant executed a memorandum of understanding (MoU) on or about March 20, 2002 in furtherance of the plaintiff’s PPA with VRA.
It said without the plaintiff’s consent, the defendant began to make contacts with the VRA in respect of the plaintiff’s PPA and thereby complicated the plaintiff’s relationship with the VRA and succeeded in wresting the PPA from it.
In its statement of defence, G.E. Energy Rentals denied each and every statement of fact and or allegation in the statement of claim.
It contended that the plaintiff’s action was an abuse of the process of the court and failed to disclose a reasonable cause of action for which relief could be granted.
It said the defendant’s rights and obligations were defined under and limited by the terms of the MoU, adding that the plaintiff materially breached the MoU and did not fulfil its conditions by not making the required down payment.
The two are feuding over a contract signed with the Volta River Authority (VRA) in 2002 which has implications for the country’s energy needs and would have culminated in the supply of 85 MW of power to supplement supplies from the Akosombo Dam and the Aboadze Thermal Plant.
The court, presided over by Mr Justice K.A. Ofori-Atta, awarded costs of ¢4 million against G.E. Energy Rentals in favour of Lushann International and Mr Philip Dampare, a co-plaintiff.
At the instance of the defendant company’s solicitor, the court fixed Wednesday, February 28, 2007 for the hearing of the case.
According to the solicitor, Mrs Brenda Aikins, counsel for the defendant company, Mr Ace Ankomah, was indisposed.
Counsel for the plaintiff and co-plaintiff, Mr Atta Akyea and Mr Kwame Boafo, asked for costs of ¢5 million each because, according to them, the application was an abuse of the court process. But the court rather awarded costs of ¢2 million each in their favour.
The court had earlier in December dismissed a preliminary application by the defendant company which sought to dismiss the action brought against it by Lushann International.
In that application, the defendant company argued that a court in Texas, USA, had dismissed a similar case which Lushann International instituted against it.
However, the Accra High Court reasoned that the matters raised by Lushann International should be the subject matter of the trial in Ghana.
When the court fixed a date for yesterday’s hearing, the defendant company, on January 29, 2007, filed for an extension of time to enable it to appeal against the court’s decision to go into the merits of the matter.
The court ruled that the application for extension was inexcusable and accordingly dismissed it to pave the way for the hearing of the substantive matter.
In the substantive matter, Lushann International is seeking a declaration that the conduct of G.E. Energy Rentals amounted to a breach of contract.
On January 10, 2002, the management of the VRA entered into an agreement with Lushann for the lease of an 85 MW power plant for a three-year period to supplement the energy supply in the system.
In order to ensure efficiency in the execution of the project, Lushann International entered into an agreement with G. E. Energy Rentals to jointly execute it.
However, according to the plaintiff, the defendant used plaintiff’s trade secrets and strategic information regarding its Power Purchase Agreement (PPA) with the VRA without its consent.
It further contended that the defendant interfered with the plaintiff’s contractual relationship with the VRA, which resulted in the termination of the PPA and misappropriated its trade secret.
It said on February 8, 2002, the plaintiff executed a PPA with the VRA for the emergency supply of power to Ghana.
According to the statement, after the execution of the PPA, the plaintiff, mindful of the time constraints, aggressively expended effort, time and resources towards its implementation.
These included negotiating and executing several agreements, making trips within the US, to Europe and Africa.
Lushann International said because of the estimated time of four to six months required to pour concrete for the installation of a permanent plant, the VRA and the plaintiff decided to resort to the temporary use of skid mounted units.
It said the plaintiff found out that the defendant had several of the skid mounted units in the US to rent out and so, with the assistance of the defendant’s personnel, it conducted an inspection of the units.
According to the statement, the plaintiff and the defendant then commenced discussions and negotiations aimed at exploring ways and means of implementing the PPA with the VRA and sent the defendant a copy of the PPA, a copy of the letters of credit opened in plaintiff’s favour by the VRA and the names of its primary contacts at the VRA.
It said during those discussions, the plaintiff revealed its trade secrets, confidential business information and the strategic plans for power generation in Ghana and the rest of West Africa, with assurances from the defendant that the information would be utilised only to further the plaintiff’s relationship with the VRA.
It was also to enable the defendant to assess plaintiff’s invitation to form a limited joint venture with the defendant for the purpose of supplying power to the West African sub-region.
As a result of those discussions and negotiations, the plaintiff and the defendant executed a memorandum of understanding (MoU) on or about March 20, 2002 in furtherance of the plaintiff’s PPA with VRA.
It said without the plaintiff’s consent, the defendant began to make contacts with the VRA in respect of the plaintiff’s PPA and thereby complicated the plaintiff’s relationship with the VRA and succeeded in wresting the PPA from it.
In its statement of defence, G.E. Energy Rentals denied each and every statement of fact and or allegation in the statement of claim.
It contended that the plaintiff’s action was an abuse of the process of the court and failed to disclose a reasonable cause of action for which relief could be granted.
It said the defendant’s rights and obligations were defined under and limited by the terms of the MoU, adding that the plaintiff materially breached the MoU and did not fulfil its conditions by not making the required down payment.
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