By Stephen K.Effah
Thursday, 24 July 2008
The case involving Dan Abodakpi, Member of Parliament for Keta, in which an Accra-based lawyer is challenging his right to continue as an MP, took an unexpected turn yesterday at the Supreme Court when the Presiding Judge, Sophia Akuffo, announced that Justice Stephen Alan Brobbey would make a statement to recuse himself from the five-member panel.
But before recusing himself, Justice Brobbey took the opportunity to respond to the objection to his empanelling by Mr.Tsikata last week to hear his case before the Supreme Court, describing it as "illogical".
Mr.Tsikata had argued that Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate an alleged misconduct of Justice Henrietta Abban, thus giving him an informed opinion of her, which could influence his case before the Supreme Court.
However, yesterday, Justice Brobbey contended that the issue raised by Mr.Tsikata questions the competence of the judiciary and is likely to whip up public sentiments which should not be encouraged.
He said that Mr.Tsikata’s action implies that once he exonerated Justice Abban of any judicial misconduct after the investigation, Mr.Tsikata thinks that that is likely to cloud his findings his case before the Supreme Court, adding "I do not subscribe to that argument".
Justice Brobbey said that although Mr.Tsikata’s case was unrelated to that of Mr.Abodakpi through which a committee was set up to investigate Justice Abban, he voluntarily recused himself from the panel upon Mr.Tsikata’s request.
In view of this, he told the court that it was prudent to recuse himself from the panel hearing the case involving Mr.Abodakpi since it was through that case that the committee investigated Justice Abban’s alleged misconduct.
He told the court that his integrity and that of the judiciary will be on the line should he go ahead to hear Mr.Abodakpi’s case.
Justice Brobbey said he notified the Chief Justice who has accepted his recusal from the panel.
Just as he finished with his statement, Mr.Tsikata, who happened to be at the Supreme Court for his case on the IFCs immunity, and listened to Justice Brobbey, got up from his seat to respond to the statement but he was turned down by Justice Akuffo.
She told Mr.Tiskata that the case before them is not his case hence she will not allow him to respond to it adding "It has nothing to do with your case so Mr.Tsikata resume your seat".
She therefore adjourned the case sine dine (indefinitely) to allow for the panel to be reconstituted.
The facts of the Abodakpi case are that, a legal practitioner, Mr. Kwasi Danso-Acheampong has filed a writ at the Supreme Court invoking its supervisory jurisdiction to declare the removal of Mr. Abodakpi as a Member of Parliament following his conviction.
Article 97 clause (1) sub-clause (e) and Article 94 clause (2) sub-clause (e) together, state that a
convicted and imprisoned Member of Parliament ceases to be a Member of Parliament, or the seat he occupied before his imprisonment is declared vacant if he fails to vacate the seat voluntarily.
Mr. Danso- Acheampong is asking for, among other reliefs from the Supreme Court, a declaration that an MP on being convicted and sentenced to a term of imprisonment by any court mandatorily, vacates his or her seat.
Further, a declaration that an appeal filed by a convicted and imprisoned MP is not by itself a stay to suspend the vacation of seat by the imprisoned Member of Parliament as mandatorily required by Articles 97 and 94 read together.
Mr.Danso- Acheampong maintained in a statement of claim accompanying the writ, that the Accra Fast Track High Court, presided over by Justice F.T. Faakye, a justice of the Court of Appeal, convicted Mr Abodakpi for defrauding by false pretences and wilfully causing financial loss of $400,000 to the state and in consequence, sentenced him to a term of ten (10) years imprisonment in hard labour.
"Having been convicted and sentenced by a court of competent jurisdiction, plaintiff expected Mr Abodakpi to vacate his parliamentary seat voluntarily and mandatorily as required by the express provisions of Articles 97 Clause (1) Sub-Clause (e) and 94 Clause (2) Sub Clause (e) of the 1992 Constitution read together," Mr. Danso-Acheampong stated.
He had earlier pointed out that PNDCL 284 which was made on the July 24, 1992 and notified in gazette August 7, 1992 has to be construed to bring it into conformity with the provisions of the 1992 Constitution that came into force on January 7, 1993 as required by Article 11(6)
Thursday, July 24, 2008
Wednesday, July 23, 2008
Tsatsu Springs Fresh Surprise In Court
By Stephen K. Effah
Wednesday, 23 July 2008
The jailed former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, caused yet another surprise at the Supreme Court yesterday when he expressed qualms about a new judge on the five-member panel hearing his motion to quash the five-year verdict handed him last month.
This comes barely a week after he raised an objection to the empanelling of Justice Stephen Alan Brobbey because Justice Brobbey investigated allegations of bias against Justice Henrietta Abban, the judge who convicted him.
His objection at last week’s sitting necessitated the reconstitution of the panel to include Justice Anin Yeboah, but when the case was called yesterday, Mr.Tsikata said: "It amazes me that Justice Anin Yeboah has replaced Justice Brobbey."
He contended that Justice Yeboah, who was an Appeal Court Judge, once sat on an aspect of his case on whether the International Finance Corporation has immunity over Ghanaian courts or not, which the Court of Appeal dismissed.
Mr. Tsikata told the court that Justice Yeboah should have known that when he was selected to replace Justice Brobbey, he should not have waited for him to draw his attention to it.
In spite of the misgivings expressed about Justice Yeboah, Mr. Tsikata urged the court to proceed hearing his case. However, after a snap consultation by the panel, the presiding Judge, Justice Sophia Akuffo announced that Justice Yeboah had agreed to "recuse" himself from the panel, meaning he has declared himself disqualified to participate in the case.
Although Mr. Tsikata maintained that the court should proceed with hearing his application, Justice Akuffo disagreed, noting that legally, once a misgiving has been expressed about a judge or issues of conflict of interest have been expressed, it is appropriate that the judge recuses himself.
In recusal, not even the Chief Justice can ask the judge to be part of the panel, Justice Akuffo indicated, and told Mr.Tsikata that she would inform the Chief Justice about the new development for the panel to be reconstituted for the second time.
Hearing was, thus adjourned sine dine.
Mr Tsikata on June 25, filed a motion at the Supreme Court to invoke its supervisory jurisdiction to quash the decision of Justice Abban, and had gone there yesterday for its ruling on whether to quash his conviction or not.
Mr Tsikata was convicted on June 18, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying public property worth GH¢2,000.
According to Mr. Tsikata, Justice Abban’s guilty verdict and subsequent five-year sentence should be scrapped to enable the Supreme Court to rule on his appeal for the International Finance Corporation (IFC) to be brought to court to give evidence in the case for which he was convicted.
Meanwhile, Mr. Tsikata is due this morning to appear before the Fast Track High Court which convicted him to move his application for bail.
Wednesday, 23 July 2008
The jailed former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, caused yet another surprise at the Supreme Court yesterday when he expressed qualms about a new judge on the five-member panel hearing his motion to quash the five-year verdict handed him last month.
This comes barely a week after he raised an objection to the empanelling of Justice Stephen Alan Brobbey because Justice Brobbey investigated allegations of bias against Justice Henrietta Abban, the judge who convicted him.
His objection at last week’s sitting necessitated the reconstitution of the panel to include Justice Anin Yeboah, but when the case was called yesterday, Mr.Tsikata said: "It amazes me that Justice Anin Yeboah has replaced Justice Brobbey."
He contended that Justice Yeboah, who was an Appeal Court Judge, once sat on an aspect of his case on whether the International Finance Corporation has immunity over Ghanaian courts or not, which the Court of Appeal dismissed.
Mr. Tsikata told the court that Justice Yeboah should have known that when he was selected to replace Justice Brobbey, he should not have waited for him to draw his attention to it.
In spite of the misgivings expressed about Justice Yeboah, Mr. Tsikata urged the court to proceed hearing his case. However, after a snap consultation by the panel, the presiding Judge, Justice Sophia Akuffo announced that Justice Yeboah had agreed to "recuse" himself from the panel, meaning he has declared himself disqualified to participate in the case.
Although Mr. Tsikata maintained that the court should proceed with hearing his application, Justice Akuffo disagreed, noting that legally, once a misgiving has been expressed about a judge or issues of conflict of interest have been expressed, it is appropriate that the judge recuses himself.
In recusal, not even the Chief Justice can ask the judge to be part of the panel, Justice Akuffo indicated, and told Mr.Tsikata that she would inform the Chief Justice about the new development for the panel to be reconstituted for the second time.
Hearing was, thus adjourned sine dine.
Mr Tsikata on June 25, filed a motion at the Supreme Court to invoke its supervisory jurisdiction to quash the decision of Justice Abban, and had gone there yesterday for its ruling on whether to quash his conviction or not.
Mr Tsikata was convicted on June 18, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying public property worth GH¢2,000.
According to Mr. Tsikata, Justice Abban’s guilty verdict and subsequent five-year sentence should be scrapped to enable the Supreme Court to rule on his appeal for the International Finance Corporation (IFC) to be brought to court to give evidence in the case for which he was convicted.
Meanwhile, Mr. Tsikata is due this morning to appear before the Fast Track High Court which convicted him to move his application for bail.
Friday, July 18, 2008
Supreme Court Bans Use Of Pan Latrines
By Stephen K. Effah
Friday, 18 July 2008
The Supreme Court has banned the use of pan latrines in the Accra metropolis, and directed the Accra Metropolitan Assembly (AMA) to phase them out within five years.
Consequently, it has requested the AMA to construct 1,500 water closet and KVIP public places of convenience in the metropolis within the period, effective July 8, as well as arrange subsidies for those who will convert their pan latrines.
The five-member panel, presided over by Justice Sophia Akuffo, further asked the AMA to publicise the abolition of pan latrines in the metropolis, and prosecute those who fail to convert theirs to water closet or KVIP within the five-year period.
The orders by the highest court on Wednesday, followed the success of a writ brought against the AMA by an Accra-based legal practitioner, Nana Adjei Ampofo, challenging the Assembly’s constitutional right to engage people to carry human excreta from pan latrines.
Adopting a settlement agreed upon by the AMA and Nana Ampofo, the court urged the assembly to enforce the prosecution of those who fail to convert their pan latrines in the metropolis.
Further, the court asked the AMA to stop granting permits to building plans "that do not have adequate provision for WC or KVIP," and directed the assembly to prosecute anyone who engages people to carry human waste after the period.
After reading the terms of the settlement, Justice Akuffo congratulated Nana Ampofo for embarking on such an initiative and for winning the case, adding "history will be very grateful to you".
Nana Ampofo, in February this year, commenced action on the matter, arguing that the act or practice of the AMA in engaging the services of some Ghanaians to carry faeces or toilet in pans on their heads is an affront to their dignity.
He thus prayed the court to restrain the AMA to abolish the practice, since in his view, it is not only cruel and inhuman, but degrading to the carriers as human beings.
According to Nana Ampofo, the practice is inconsistent with, and contravenes Article 15 of the national Constitution which states, among other things, that the dignity of all persons shall be inviolable, and that no person shall whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatments or punishment.
Friday, 18 July 2008
The Supreme Court has banned the use of pan latrines in the Accra metropolis, and directed the Accra Metropolitan Assembly (AMA) to phase them out within five years.
Consequently, it has requested the AMA to construct 1,500 water closet and KVIP public places of convenience in the metropolis within the period, effective July 8, as well as arrange subsidies for those who will convert their pan latrines.
The five-member panel, presided over by Justice Sophia Akuffo, further asked the AMA to publicise the abolition of pan latrines in the metropolis, and prosecute those who fail to convert theirs to water closet or KVIP within the five-year period.
The orders by the highest court on Wednesday, followed the success of a writ brought against the AMA by an Accra-based legal practitioner, Nana Adjei Ampofo, challenging the Assembly’s constitutional right to engage people to carry human excreta from pan latrines.
Adopting a settlement agreed upon by the AMA and Nana Ampofo, the court urged the assembly to enforce the prosecution of those who fail to convert their pan latrines in the metropolis.
Further, the court asked the AMA to stop granting permits to building plans "that do not have adequate provision for WC or KVIP," and directed the assembly to prosecute anyone who engages people to carry human waste after the period.
After reading the terms of the settlement, Justice Akuffo congratulated Nana Ampofo for embarking on such an initiative and for winning the case, adding "history will be very grateful to you".
Nana Ampofo, in February this year, commenced action on the matter, arguing that the act or practice of the AMA in engaging the services of some Ghanaians to carry faeces or toilet in pans on their heads is an affront to their dignity.
He thus prayed the court to restrain the AMA to abolish the practice, since in his view, it is not only cruel and inhuman, but degrading to the carriers as human beings.
According to Nana Ampofo, the practice is inconsistent with, and contravenes Article 15 of the national Constitution which states, among other things, that the dignity of all persons shall be inviolable, and that no person shall whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatments or punishment.
Thursday, July 17, 2008
Tsatsu Objects To Judge Brobbey Sitting
By Stephen K. Effah
Thursday, 17 July 2008
The convicted former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, yesterday sprang another surprise at the Supreme Court when he requested Justice Stephen Alan Brobbey, to "recuse" himself from the five-member panel hearing his application to quash Justice Henrietta Abban’s June 18, decision.
He argued that Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate the conduct of Justice Henrietta Abban, thus giving him an informed opinion of her, which could influence his case before the Supreme Court.
He told the packed court presided over by Justice Sophia Akuffo, that at the last adjournment, the issue of Justice Brobbey’s involvement in the committee that investigated Justice Abban’s conduct had not come to his notice, noting he was informed recently.
Mr Tsikata on June 25, filed a motion at the highest court to invoke its supervisory jurisdiction to quash the decision of Justice Abban, and had gone there yesterday for its ruling on whether to quash his conviction or not.
Mr Tsikata was handed a five-year jail term by an Accra Fast Track High Court presided over by Justice Abban, on June 18, on three counts of causing financial loss to the state and misapplying state property.
According to Mr. Tsikata, Justice Abban’s guilty verdict and subsequent five-year sentence should be scrapped to enable the Supreme Court to rule on his appeal for the International Finance Corporation (IFC) to be brought to court to give evidence in the case of which he was convicted of.
Although Mr Tsikata’s decision to get Justice Brobbey off the panel did not go down well with him, he expressed his readiness to step aside if Mr. Tsikata thinks his inclusion could have any effect in determining his case.
"On the basis of this undeniable fact, if you believe that will cloud your case, I will tell the Chief Justice to get another judge to replace me", he told Mr. Tsikata.
Justice Akuffo then told Mr Tsikata that the Chief Justice will be informed about his request to get a replacement for Justice Brobbey, and adjourned the case sine dine.
Mr Tsikata was convicted on June 18, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying public property worth GH¢2,000.
At the time of his conviction, Mr Tsikata was expected to appear before the Supreme Court the following week for the highest court’s ruling on whether the International Finance Corporation has immunity or not to testify in the case.
Immediately he was sentenced, Mr. Tsikata asked the court for bail to allow him to appeal against the decision of the judge but that request was refused.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
On June 25, the Supreme Court suspended its ruling on the IFC’s immunity following Mr Tsikata’s decision to "arrest" the court’s judgement and request for it to invoke its supervisory jurisdiction to quash his conviction by the High Court.
Mr Tsikata said in the lower court’s verdict ahead of the Supreme Court’s pronouncement on IFC’s immunity amounted to undermining its authority and should not be allowed to stand.
Thursday, 17 July 2008
The convicted former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, yesterday sprang another surprise at the Supreme Court when he requested Justice Stephen Alan Brobbey, to "recuse" himself from the five-member panel hearing his application to quash Justice Henrietta Abban’s June 18, decision.
He argued that Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate the conduct of Justice Henrietta Abban, thus giving him an informed opinion of her, which could influence his case before the Supreme Court.
He told the packed court presided over by Justice Sophia Akuffo, that at the last adjournment, the issue of Justice Brobbey’s involvement in the committee that investigated Justice Abban’s conduct had not come to his notice, noting he was informed recently.
Mr Tsikata on June 25, filed a motion at the highest court to invoke its supervisory jurisdiction to quash the decision of Justice Abban, and had gone there yesterday for its ruling on whether to quash his conviction or not.
Mr Tsikata was handed a five-year jail term by an Accra Fast Track High Court presided over by Justice Abban, on June 18, on three counts of causing financial loss to the state and misapplying state property.
According to Mr. Tsikata, Justice Abban’s guilty verdict and subsequent five-year sentence should be scrapped to enable the Supreme Court to rule on his appeal for the International Finance Corporation (IFC) to be brought to court to give evidence in the case of which he was convicted of.
Although Mr Tsikata’s decision to get Justice Brobbey off the panel did not go down well with him, he expressed his readiness to step aside if Mr. Tsikata thinks his inclusion could have any effect in determining his case.
"On the basis of this undeniable fact, if you believe that will cloud your case, I will tell the Chief Justice to get another judge to replace me", he told Mr. Tsikata.
Justice Akuffo then told Mr Tsikata that the Chief Justice will be informed about his request to get a replacement for Justice Brobbey, and adjourned the case sine dine.
Mr Tsikata was convicted on June 18, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying public property worth GH¢2,000.
At the time of his conviction, Mr Tsikata was expected to appear before the Supreme Court the following week for the highest court’s ruling on whether the International Finance Corporation has immunity or not to testify in the case.
Immediately he was sentenced, Mr. Tsikata asked the court for bail to allow him to appeal against the decision of the judge but that request was refused.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
On June 25, the Supreme Court suspended its ruling on the IFC’s immunity following Mr Tsikata’s decision to "arrest" the court’s judgement and request for it to invoke its supervisory jurisdiction to quash his conviction by the High Court.
Mr Tsikata said in the lower court’s verdict ahead of the Supreme Court’s pronouncement on IFC’s immunity amounted to undermining its authority and should not be allowed to stand.
Wednesday, July 16, 2008
High Court Suspends Tsikata's Application
By Stephen K. Effah
Wednesday, 16 July 2008
A Fast Track High Court in Accra, yesterday suspended the mini trial requested by the jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, to prove allegations of bias against Justice Henrietta Abban, the High Court judge, who convicted him last month.
This followed the success of an application filed by the Attorney-General, Joe Ghartey, on July 10, for the court to stay proceedings of the mini trial since its hearing could lead to "absurdity."
The A-G argued that the essence of the application and another one filed by Mr. Tsikata at the Supreme Court sought to achieve one purpose of determining allegation of bias against Justice Abban in her judgement.
Mr. Tsikata filed a motion at the Fast Track High Court, presided over by Justice K.A Ofori Atta, to disqualify Justice Abban from hearing his application for bail pending the outcome of an appeal he has filed against his sentence.
Ruling in favour of the A-G, the trial judge, Justice Ofori Atta, held that the application filed at the Supreme Court and the one before him have the same objective of determining alleged bias exhibited by Justice Abban in her ruling of June 18.
Justice Ofori Atta pointed out that the element of alleged bias by Justice Abban runs through Mr.Tsikata’s grounds in his applications before him and the Supreme Court, hence the two are related.
Mr. Tsikata was on June 18, sentenced to five years imprisonment by an Accra Fast Track High Court presided over by Justice Abban, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying GH¢2,000 in public property.
At the time of his conviction, Mr. Tsikata was expected to appear before the Supreme Court the following week for the highest court’s ruling on whether the International Finance Corporation has immunity or not to testify in the case.
Immediately he was sentenced, Mr. Tsikata asked the court for bail to allow him to appeal against the decision of the judge but that request was refused by the court.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
On June 25, the Supreme Court suspended its ruling on the IFC’s immunity following Mr. Tsikata’s decision to "arrest" the court’s judgement and request for it to invoke its supervisory jurisdiction to quash his conviction by the High Court.
Wednesday, 16 July 2008
A Fast Track High Court in Accra, yesterday suspended the mini trial requested by the jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, to prove allegations of bias against Justice Henrietta Abban, the High Court judge, who convicted him last month.
This followed the success of an application filed by the Attorney-General, Joe Ghartey, on July 10, for the court to stay proceedings of the mini trial since its hearing could lead to "absurdity."
The A-G argued that the essence of the application and another one filed by Mr. Tsikata at the Supreme Court sought to achieve one purpose of determining allegation of bias against Justice Abban in her judgement.
Mr. Tsikata filed a motion at the Fast Track High Court, presided over by Justice K.A Ofori Atta, to disqualify Justice Abban from hearing his application for bail pending the outcome of an appeal he has filed against his sentence.
Ruling in favour of the A-G, the trial judge, Justice Ofori Atta, held that the application filed at the Supreme Court and the one before him have the same objective of determining alleged bias exhibited by Justice Abban in her ruling of June 18.
Justice Ofori Atta pointed out that the element of alleged bias by Justice Abban runs through Mr.Tsikata’s grounds in his applications before him and the Supreme Court, hence the two are related.
Mr. Tsikata was on June 18, sentenced to five years imprisonment by an Accra Fast Track High Court presided over by Justice Abban, after he was found guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying GH¢2,000 in public property.
At the time of his conviction, Mr. Tsikata was expected to appear before the Supreme Court the following week for the highest court’s ruling on whether the International Finance Corporation has immunity or not to testify in the case.
Immediately he was sentenced, Mr. Tsikata asked the court for bail to allow him to appeal against the decision of the judge but that request was refused by the court.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
On June 25, the Supreme Court suspended its ruling on the IFC’s immunity following Mr. Tsikata’s decision to "arrest" the court’s judgement and request for it to invoke its supervisory jurisdiction to quash his conviction by the High Court.
Contempt Case Against AMA Boss Dismissed
By Stephen K. Effah
Tuesday, 15 July 2008
AN Accra Fast Track Court yesterday dismissed a contempt case brought against the Accra Metropolitan Assembly (AMA) and its Chief Executive, Stanley Adjiri Blankson, for their failure to eject hawkers at the Knustford Avenue in Accra Central.
The court, presided over by Justice Victor Ofoe, awarded cost of GH¢700 fine against Mr Labib C. Seraphim, the complainant.
Mr Seraphim, owner of Seraphim Department Stores in Accra, had filed a motion of notice to impose a heavy fine on the assembly, and commit its boss to prison for the assembly’s refusal to evict hawkers from the Knustford Avenue.
He also asked the court to compel the assembly and its Chief Executive to discharge their obligation by evicting hawkers from the street to allow vehicular access to stores in the area.
Dismissing the case, the judge held that Mr Seraphim was not able to prove to the court that the AMA and its boss "wilfully disobeyed" the court order.
It said that the assembly and its Chief Executive in April 2006, did eject the hawkers from the Knustford Avenue, adding that the fact that the hawkers returned does not mean the AMA did not carry out the court orders.
"The order is not a continuing one which will call for a continuing policing of the place," the court said.
Earlier, counsel for Mr Seraphim, Godfred Yeboah Dame, contended that the AMA and Mr Adjiri Blankson have deliberately refused to eject the hawkers from the Knustford Avenue.
But counsel for AMA, Selina Fenteng, disagreed saying that the AMA did comply with the court directives by ejecting the hawkers from the street, which resulted in free pedestrian and vehicular movement.
She tendered in evidence some newspaper publications indicating that the assembly carried out the court orders to eject the hawkers, adding that a pedestrian shopping mall was constructed by the assembly for the ejected hawkers at the Kwame Nkrumah Circle after the exercise.
On February 28, 2005, Mr Seraphim commenced action against the AMA, at the Fast Track High Court which on April 10, 2006, granted him all the reliefs he sought.
These included an order to compel the assembly to provide vehicular access to Knustford Avenue and another order to restrain the defendants from converting Knustford Avenue into a market.
The court, in granting the reliefs, declared that the action of the assembly in converting the Knustford Avenue into a market for hawkers was unlawful and asked it to discharge its obligation of evicting the hawkers.
It further asked the assembly to provide vehicular access to Knustford Avenue and restrain it from ever converting the place into a market for hawkers.
But Mr Seraphim said in his motion that the AMA had for the past two years refused to carry out the court orders, as the hawkers continued to exercise "absolute dominion" at the place, which he indicated, is gravely hampering the lawful business activities in the area.
Tuesday, 15 July 2008
AN Accra Fast Track Court yesterday dismissed a contempt case brought against the Accra Metropolitan Assembly (AMA) and its Chief Executive, Stanley Adjiri Blankson, for their failure to eject hawkers at the Knustford Avenue in Accra Central.
The court, presided over by Justice Victor Ofoe, awarded cost of GH¢700 fine against Mr Labib C. Seraphim, the complainant.
Mr Seraphim, owner of Seraphim Department Stores in Accra, had filed a motion of notice to impose a heavy fine on the assembly, and commit its boss to prison for the assembly’s refusal to evict hawkers from the Knustford Avenue.
He also asked the court to compel the assembly and its Chief Executive to discharge their obligation by evicting hawkers from the street to allow vehicular access to stores in the area.
Dismissing the case, the judge held that Mr Seraphim was not able to prove to the court that the AMA and its boss "wilfully disobeyed" the court order.
It said that the assembly and its Chief Executive in April 2006, did eject the hawkers from the Knustford Avenue, adding that the fact that the hawkers returned does not mean the AMA did not carry out the court orders.
"The order is not a continuing one which will call for a continuing policing of the place," the court said.
Earlier, counsel for Mr Seraphim, Godfred Yeboah Dame, contended that the AMA and Mr Adjiri Blankson have deliberately refused to eject the hawkers from the Knustford Avenue.
But counsel for AMA, Selina Fenteng, disagreed saying that the AMA did comply with the court directives by ejecting the hawkers from the street, which resulted in free pedestrian and vehicular movement.
She tendered in evidence some newspaper publications indicating that the assembly carried out the court orders to eject the hawkers, adding that a pedestrian shopping mall was constructed by the assembly for the ejected hawkers at the Kwame Nkrumah Circle after the exercise.
On February 28, 2005, Mr Seraphim commenced action against the AMA, at the Fast Track High Court which on April 10, 2006, granted him all the reliefs he sought.
These included an order to compel the assembly to provide vehicular access to Knustford Avenue and another order to restrain the defendants from converting Knustford Avenue into a market.
The court, in granting the reliefs, declared that the action of the assembly in converting the Knustford Avenue into a market for hawkers was unlawful and asked it to discharge its obligation of evicting the hawkers.
It further asked the assembly to provide vehicular access to Knustford Avenue and restrain it from ever converting the place into a market for hawkers.
But Mr Seraphim said in his motion that the AMA had for the past two years refused to carry out the court orders, as the hawkers continued to exercise "absolute dominion" at the place, which he indicated, is gravely hampering the lawful business activities in the area.
Friday, July 11, 2008
Tsikata, A-G In 'Bible Contest'
By Stephen K. Effah
Friday, 11 July 2008
The jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, and the Minister of Justice and Attorney-General, Joe Ghartey, yesterday went beyond their legal prowess to surprise a packed Fast Track Court in Accra, when they used the Holy Bible to cast innuendos at each other to argue their case.
Mr. Tsikata who was handed a five-year jail term on June 18, by Justice Henrietta Abban, at a Fast Track High Court after he was found guilty of wilfully causing financial loss to the state, has applied to the court for a mini trial of Justice Abban to enable him prove alleged bias against her.
The exhibition of their grasp of the Holy Bible began after the two parties argued out their case in a heated exchange over a motion filed by Mr.Ghartey yesterday morning to stay proceedings of the mini trial, presided over by Justice Ofori Attah.
Ending his argument, Mr. Tsikata said: "My Lord, I want to end my case with a respectful authority; that is Jesus" as he quoted Luke chapter 12, which in verses 2,3 reads: "…But there is nothing covered up that will not be revealed, nor hidden that will not be known…
"Therefore whatever you have said in the darkness will be heard in the light. What you have spoken in the ear in the inner chambers will be proclaimed on the housetops..."
The A-G got up and responded: "Amen" to Tsikata’s Bible quotation. Then he also ended his argument, by craving the indulgence of the court and quoting extensively from Mathew Chapter Five, verses 13 of which read: "…You are the salt of the earth. But if the salt loses its savour, wherewith shall it be salted? It is good for nothing anymore but to be cast out, and to be trodden on by men..."
Although Mr. Tsikata, was not served with the motion to stay proceedings until he was in court yesterday, he waived the four days privilege within which to respond to the motion, and urged the judge to proceed with the matter after he was given about an hour to go through it.
The three-man prosecution team, led by Mr Ghartey argued that Mr. Tsikata had filed an application at the Supreme Court to quash the June 18 decision by Justice Abban, noting that the essence of that application and the one before the Fast Track Court sought to achieve one purpose.
He said all the reprieves being sought by Mr. Tsikata at the highest court of the land are the same he is seeking in the mini trial at the Fast Track Court, adding, "such a situation can lead to absurdity."
However, Mr. Tsikata, who has since his incarceration, been appearing without his counsel, told the court that Mr. Ghartey has "failed to appreciate the import of the application before you and that of the Supreme Court".
He said the one before the Supreme Court has "absolutely nothing to do with the judgement by Justice Abban" on June 18, as claimed by the A-G, adding, "this is a complete lack of candour. This lack of candour by the A-G should not be treated lightly.
"This is not only lacking in candour but also in legal merit because the impression being created before you is wrong," he argued, saying "my lord, the candour should be heard even before the substance of the issue."
His comment did not go down well with Mr. Ghartey who immediately interrupted and indicated that if Mr. Tsikata were to be a lawyer at the bar, he would have been made to apologise.
Continuing, Mr. Tsikata insisted that the A-G even failed to attach some important documents to the motion of stay of proceedings he filed.
But Mr. Ghartey said even if that was the case, Mr Tsikata cannot dwell on that to attack his integrity.
"My Lord, he can say what I have done is wrong in law but not to say that I have not been candid or truthful," the A-G responded.
But Mr. Tsikata repeatedly referred to the A-G as lacking "candour".
"You cannot do that because you are not a lawyer at the bar to be disciplined," he told Mr. Tsikata. But Mr. Tsikata maintained his position and quoted Article 296, saying that even a judge can be said to be lacking candour.
The judge, Justice Ofori Attah, then adjourned the case to July 15, to give his judgement on whether to put Justice Abban on a mini trial for alleged bias or not.
Mr. Tsikata has since his sentencing, accused the judge, Justice Abban of bias in the trial and opposed her hearing an application for bail pending appeal against his conviction.
He then petitioned the Chief Justice, Mrs Georgina Wood, to intervene, but, the CJ advised that the matter should be determined by a court of competent jurisdiction rather than administratively in order that the grave issues that had been raised be determined judicially for the appropriate orders to be made".
Friday, 11 July 2008
The jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata, and the Minister of Justice and Attorney-General, Joe Ghartey, yesterday went beyond their legal prowess to surprise a packed Fast Track Court in Accra, when they used the Holy Bible to cast innuendos at each other to argue their case.Mr. Tsikata who was handed a five-year jail term on June 18, by Justice Henrietta Abban, at a Fast Track High Court after he was found guilty of wilfully causing financial loss to the state, has applied to the court for a mini trial of Justice Abban to enable him prove alleged bias against her.
The exhibition of their grasp of the Holy Bible began after the two parties argued out their case in a heated exchange over a motion filed by Mr.Ghartey yesterday morning to stay proceedings of the mini trial, presided over by Justice Ofori Attah.
Ending his argument, Mr. Tsikata said: "My Lord, I want to end my case with a respectful authority; that is Jesus" as he quoted Luke chapter 12, which in verses 2,3 reads: "…But there is nothing covered up that will not be revealed, nor hidden that will not be known…
"Therefore whatever you have said in the darkness will be heard in the light. What you have spoken in the ear in the inner chambers will be proclaimed on the housetops..."
The A-G got up and responded: "Amen" to Tsikata’s Bible quotation. Then he also ended his argument, by craving the indulgence of the court and quoting extensively from Mathew Chapter Five, verses 13 of which read: "…You are the salt of the earth. But if the salt loses its savour, wherewith shall it be salted? It is good for nothing anymore but to be cast out, and to be trodden on by men..."
Although Mr. Tsikata, was not served with the motion to stay proceedings until he was in court yesterday, he waived the four days privilege within which to respond to the motion, and urged the judge to proceed with the matter after he was given about an hour to go through it.
The three-man prosecution team, led by Mr Ghartey argued that Mr. Tsikata had filed an application at the Supreme Court to quash the June 18 decision by Justice Abban, noting that the essence of that application and the one before the Fast Track Court sought to achieve one purpose.
He said all the reprieves being sought by Mr. Tsikata at the highest court of the land are the same he is seeking in the mini trial at the Fast Track Court, adding, "such a situation can lead to absurdity."
However, Mr. Tsikata, who has since his incarceration, been appearing without his counsel, told the court that Mr. Ghartey has "failed to appreciate the import of the application before you and that of the Supreme Court".
He said the one before the Supreme Court has "absolutely nothing to do with the judgement by Justice Abban" on June 18, as claimed by the A-G, adding, "this is a complete lack of candour. This lack of candour by the A-G should not be treated lightly.
"This is not only lacking in candour but also in legal merit because the impression being created before you is wrong," he argued, saying "my lord, the candour should be heard even before the substance of the issue."
His comment did not go down well with Mr. Ghartey who immediately interrupted and indicated that if Mr. Tsikata were to be a lawyer at the bar, he would have been made to apologise.
Continuing, Mr. Tsikata insisted that the A-G even failed to attach some important documents to the motion of stay of proceedings he filed.
But Mr. Ghartey said even if that was the case, Mr Tsikata cannot dwell on that to attack his integrity.
"My Lord, he can say what I have done is wrong in law but not to say that I have not been candid or truthful," the A-G responded.
But Mr. Tsikata repeatedly referred to the A-G as lacking "candour".
"You cannot do that because you are not a lawyer at the bar to be disciplined," he told Mr. Tsikata. But Mr. Tsikata maintained his position and quoted Article 296, saying that even a judge can be said to be lacking candour.
The judge, Justice Ofori Attah, then adjourned the case to July 15, to give his judgement on whether to put Justice Abban on a mini trial for alleged bias or not.
Mr. Tsikata has since his sentencing, accused the judge, Justice Abban of bias in the trial and opposed her hearing an application for bail pending appeal against his conviction.
He then petitioned the Chief Justice, Mrs Georgina Wood, to intervene, but, the CJ advised that the matter should be determined by a court of competent jurisdiction rather than administratively in order that the grave issues that had been raised be determined judicially for the appropriate orders to be made".
Dansoman Murder Case: 2 Remanded
By Stephen K. Effah
Thursday, 10 July 2008
TWO of the four people being tried for their complicity in the murder and robbery of the 72-year-old pensioner, Emmanuel Ayeh Asare, at his Dansoman Estate residence on February 29, were yesterday remanded in prison custody.
They are: Emmanuel Ayeh Asare, popularly known as K.B, a step grandson of the deceased and Jonas Kpakpo Allotey, a.k.a Saamoa.
The other two suspects, Abeiku Thomspon, a drinking bar operator and Ayisha Razak, a hair dresser were on June 17, granted bail by the Accra Magistrate Court presided over by Mrs. Mariama Mamosa.
K.B and Saamoa are facing charges of conspiracy, murder and stealing, while Thompson and Ayisha are charged with dishonestly receiving.
The case has been adjourned to July 23.
Thursday, 10 July 2008
TWO of the four people being tried for their complicity in the murder and robbery of the 72-year-old pensioner, Emmanuel Ayeh Asare, at his Dansoman Estate residence on February 29, were yesterday remanded in prison custody.
They are: Emmanuel Ayeh Asare, popularly known as K.B, a step grandson of the deceased and Jonas Kpakpo Allotey, a.k.a Saamoa.
The other two suspects, Abeiku Thomspon, a drinking bar operator and Ayisha Razak, a hair dresser were on June 17, granted bail by the Accra Magistrate Court presided over by Mrs. Mariama Mamosa.
K.B and Saamoa are facing charges of conspiracy, murder and stealing, while Thompson and Ayisha are charged with dishonestly receiving.
The case has been adjourned to July 23.
Wednesday, July 09, 2008
Contempt Case Against Minister Dropped
By Stephen K. Effah
Wednesday, 09 July 2008
A contempt case brought against the Central Regional Minister, Nana Ato Arthur, and three others by Obirifo Ahunako Ahor Ankobea II, Omanhene of Gomoa Akyempim, was yesterday withdrawn from an Accra High Court.
This followed a plea by the Regional House of Chiefs to settle the matter out of court to ensure peaceful co-existence in the area.
Nana Arthur, Joyce Aidoo, Gomoa District Chief Executive, its presiding member, Oscar Abban and the chief of Afransi Ogyedom, Nana Kwasi Atta, were cited for contempt for inaugurating the newly created Gomoa East District in spite of a court injunction on the function.
The court, presided over by Justice E.K Mensah, granted the appeal by the House of Chiefs, and gave them up to July 28 to report to the court the outcome of the settlement.
The facts of the case as heard by the court are that on May 29, Obirifo Ankobea filed a suit against the Attorney-General and the Electoral Commission over the naming of Afransi as the district capital for the newly created Gomoa East District.
On June 9, the chief filed an interlocutory application for an injunction, citing Parliament, the Attorney-General and the Electoral Commission. Hearing was fixed for June 18.
In an affidavit in support of the contempt case, Obirifo Ankobea noted that in spite of the injunction, Nana Arthur dissolved the former Gomoa District Assembly on June 18 and proceeded to inaugurate the Gomoa East District at Afransi.
Obirifo Ankobea had therefore prayed the court to imprison the four people saying their action amounted to contempt which brought the court into disrepute.
Wednesday, 09 July 2008
A contempt case brought against the Central Regional Minister, Nana Ato Arthur, and three others by Obirifo Ahunako Ahor Ankobea II, Omanhene of Gomoa Akyempim, was yesterday withdrawn from an Accra High Court.
This followed a plea by the Regional House of Chiefs to settle the matter out of court to ensure peaceful co-existence in the area.
Nana Arthur, Joyce Aidoo, Gomoa District Chief Executive, its presiding member, Oscar Abban and the chief of Afransi Ogyedom, Nana Kwasi Atta, were cited for contempt for inaugurating the newly created Gomoa East District in spite of a court injunction on the function.
The court, presided over by Justice E.K Mensah, granted the appeal by the House of Chiefs, and gave them up to July 28 to report to the court the outcome of the settlement.
The facts of the case as heard by the court are that on May 29, Obirifo Ankobea filed a suit against the Attorney-General and the Electoral Commission over the naming of Afransi as the district capital for the newly created Gomoa East District.
On June 9, the chief filed an interlocutory application for an injunction, citing Parliament, the Attorney-General and the Electoral Commission. Hearing was fixed for June 18.
In an affidavit in support of the contempt case, Obirifo Ankobea noted that in spite of the injunction, Nana Arthur dissolved the former Gomoa District Assembly on June 18 and proceeded to inaugurate the Gomoa East District at Afransi.
Obirifo Ankobea had therefore prayed the court to imprison the four people saying their action amounted to contempt which brought the court into disrepute.
Monday, July 07, 2008
Supreme Court Hears Lotto Operators Suit
By Stephen K.Effah
Monday, 07 July 2008
The Supreme Court has directed counsel for the National Lottery Authority (NLA) and the Ghana Lotto Operators Association (GLOA) to furnish it with copies of the legal authorities they used to back their claims in their case before it but which are not found in the Ghana Law Reports.
The court explained that it was unable to secure some of the legal documents, especially those authorities in the Canadian and Indian law reports, noting that copies are not available in the court’s library.
The GLOA is challenging the constitutionality of the National Lotto Act 722, 2006, which was assented to on December 27, 2006 and established the National Lottery Authority.
In its suit filed at the Supreme Court, it claimed that Act 722, which outlawed the operations of lotto business by private operators, infringes the constitutionally guaranteed right of the private operators to free economic activity.
According to them, the creation of the National Lottery Authority by the Act to take over and monopolise the operation of the lotto business in Ghana infringes on the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy.
It is, therefore, praying the highest court constituted by a five-member panel of judges presided over by Justice Allan Brobbey to declare Act 722 null and void, since it is inconsistent with and in contravention of the constitution.
When the case was called, lead counsel for GLOA, Aurelius Awuku, prayed the court to disregard the NLA’s statement of case which was filed on June 26, since due process was not followed.
He argued that the statement which is supposed to be filed within 14 days was filed out of time, hence should not be accepted by the court until the right thing was done.
But the court refused to grant the request after counsel for NLA, Kizito Bayuo, had explained to the court the circumstances that led to the delay and apologised accordingly.
"My Lords, I apologise and take personal blame for that, but it is my prayer that the statement is accepted."
The court, said its decision to accept the statement in spite of the fact that it was filed belatedly is based on the fact that the matter is of public interest.
The court then told the two counsels that some of the legal authorities quoted to back their respective claims, especially those outside the country’s law report, were not available in the court’s library, and therefore directed them to provide the court with copies of those documents.
The court, therefore, adjourned to July 23, to give its decision on the matter.
The GLOA was seeking a declaration at a high court in Accra that the directive from the NLA to private lotto operators to surrender their machines and equipment used for the operation of lottery to the Director-General by August 14, 2007 was unconstitutional, illegal and unreasonable.
Monday, 07 July 2008
The Supreme Court has directed counsel for the National Lottery Authority (NLA) and the Ghana Lotto Operators Association (GLOA) to furnish it with copies of the legal authorities they used to back their claims in their case before it but which are not found in the Ghana Law Reports.
The court explained that it was unable to secure some of the legal documents, especially those authorities in the Canadian and Indian law reports, noting that copies are not available in the court’s library.
The GLOA is challenging the constitutionality of the National Lotto Act 722, 2006, which was assented to on December 27, 2006 and established the National Lottery Authority.
In its suit filed at the Supreme Court, it claimed that Act 722, which outlawed the operations of lotto business by private operators, infringes the constitutionally guaranteed right of the private operators to free economic activity.
According to them, the creation of the National Lottery Authority by the Act to take over and monopolise the operation of the lotto business in Ghana infringes on the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy.
It is, therefore, praying the highest court constituted by a five-member panel of judges presided over by Justice Allan Brobbey to declare Act 722 null and void, since it is inconsistent with and in contravention of the constitution.
When the case was called, lead counsel for GLOA, Aurelius Awuku, prayed the court to disregard the NLA’s statement of case which was filed on June 26, since due process was not followed.
He argued that the statement which is supposed to be filed within 14 days was filed out of time, hence should not be accepted by the court until the right thing was done.
But the court refused to grant the request after counsel for NLA, Kizito Bayuo, had explained to the court the circumstances that led to the delay and apologised accordingly.
"My Lords, I apologise and take personal blame for that, but it is my prayer that the statement is accepted."
The court, said its decision to accept the statement in spite of the fact that it was filed belatedly is based on the fact that the matter is of public interest.
The court then told the two counsels that some of the legal authorities quoted to back their respective claims, especially those outside the country’s law report, were not available in the court’s library, and therefore directed them to provide the court with copies of those documents.
The court, therefore, adjourned to July 23, to give its decision on the matter.
The GLOA was seeking a declaration at a high court in Accra that the directive from the NLA to private lotto operators to surrender their machines and equipment used for the operation of lottery to the Director-General by August 14, 2007 was unconstitutional, illegal and unreasonable.
Monday, June 30, 2008
1st Ghana Fashion Week Gets Under Way
By Stephen K. Effah
Monday, 30 June 2008
A Clothing extravaganza of designs made from unique African textiles heralded the opening of the first ever Ghana Fashion Week yesterday at the T.V3 Studio, in Accra.
The four-day Fashion Week brings together designers, models and industry players from Ghana, Togo, Cote d’Ivoire and Nigeria to showcase exquisite and trendy designs with intrinsic
African creativity in today’s competitive environment.
It has been organised by Global Media Alliance in partnership with a Ghanaian modelling agency, Exopa, and aims at introducing African designs, especially those from Ghana, to the rest of the world.
During the week, designs from Ama-nua Williams, Patrick House Eccentric, Allan David Collections, Titi Ademola-Kiki Designs, Gille Toure, Clara Lawson, Bayo Adebayo, Armstrong Loga and Dady Mwitaly among others will be on display.
Both local and international models will model various beach wear, bridal and prêt-a-porter (ready to wear) design genres from the respective designers at the Holiday Inn Hotel and Exopa Agency Office June 28 and 29, respectively.
The event will be climaxed with a catwalk and exhibition of the collections on Monday at the Exopa Office, behind the International Trade Fair, to give the public the opportunity to see and buy some of the latest and on- the-move outfits, while business executives strike deals with the designers.
Spicing up the various catwalk shows will be the most "wanted" hip-lifer cum the reigning Ghana Music Awards Artiste of the Year, Kwaw ‘Abodam’ Kesse, who will also double as a model.
Others will be the king of the ‘African dancehall music,’ Batman Samini, the female sensation Becca, and the Ghanaian pop music pals, 5Five.
Observers will note that the Ghanaian fashion industry has evolved positively over the last two decades and this trailblasing event which is expected to expose the Ghanaian designers is also to compliment the successes chalked in the industry.
Speaking to Times Weekend, Brooke Nuwati, a Media Executive of Global Media Alliance, said the maiden edition of the Fashion Week "will pave the way for what is to become an annual event on the entertainment and fashion calendar in Ghana."
Monday, 30 June 2008
A Clothing extravaganza of designs made from unique African textiles heralded the opening of the first ever Ghana Fashion Week yesterday at the T.V3 Studio, in Accra.
The four-day Fashion Week brings together designers, models and industry players from Ghana, Togo, Cote d’Ivoire and Nigeria to showcase exquisite and trendy designs with intrinsic
African creativity in today’s competitive environment.
It has been organised by Global Media Alliance in partnership with a Ghanaian modelling agency, Exopa, and aims at introducing African designs, especially those from Ghana, to the rest of the world.
During the week, designs from Ama-nua Williams, Patrick House Eccentric, Allan David Collections, Titi Ademola-Kiki Designs, Gille Toure, Clara Lawson, Bayo Adebayo, Armstrong Loga and Dady Mwitaly among others will be on display.
Both local and international models will model various beach wear, bridal and prêt-a-porter (ready to wear) design genres from the respective designers at the Holiday Inn Hotel and Exopa Agency Office June 28 and 29, respectively.
The event will be climaxed with a catwalk and exhibition of the collections on Monday at the Exopa Office, behind the International Trade Fair, to give the public the opportunity to see and buy some of the latest and on- the-move outfits, while business executives strike deals with the designers.
Spicing up the various catwalk shows will be the most "wanted" hip-lifer cum the reigning Ghana Music Awards Artiste of the Year, Kwaw ‘Abodam’ Kesse, who will also double as a model.
Others will be the king of the ‘African dancehall music,’ Batman Samini, the female sensation Becca, and the Ghanaian pop music pals, 5Five.
Observers will note that the Ghanaian fashion industry has evolved positively over the last two decades and this trailblasing event which is expected to expose the Ghanaian designers is also to compliment the successes chalked in the industry.
Speaking to Times Weekend, Brooke Nuwati, a Media Executive of Global Media Alliance, said the maiden edition of the Fashion Week "will pave the way for what is to become an annual event on the entertainment and fashion calendar in Ghana."
Friday, June 27, 2008
Lawyer Challenges Abodakpi’s Status
By Stephen K. Effah
Friday, 27 June 2008
THE Supreme Court yesterday described as "odd", a writ filed at the court by an Accra legal practitioner, Kwasi Danso Acheampong, seeking legal interpretation of Articles 94 and 97 of the Constitution as to whether a convicted Member of Parliament could keep his seat or not.
The five-member panel, presided over by Justice Sophia Akuffo, expressed surprise that Mr Acheampong copied the writ to the Attorney-General, the Speaker of Parliament and the MP for Keta, Dan Abodakpi, as interested parties instead of serving them as defendants.
The court explained that the parties are affected in the matter and should therefore have been served as defendants.
"The writ was not directed to the parties…this is a very odd document we have here. We should have thrown this matter out," Justice Akuffo said, but explaining that since the issue is of national interest, it cannot be thrown out.This was after the panel had pointed out the irregularities in the writ to Mr Acheampong.
The Supreme Court therefore gave Mr Acheampong up to Monday to amend the writ to include the three parties as "defendants without any prejudice", in view of the fact that they are affected in the matter.
The three parties, the court pointed out, are also to file their respective cases if any, by July 11, for hearing to commence on July 15.
When the case was called, the judges questioned Mr Acheampong as to why he was in his law robe and wig since he was in the court as a plaintiff, to which he replied: "My lords, I was misled by my colleague", and he was obliged by the court to remove the apparel.
Mr Tony Lithur, representing Mr Abodakpi told the court that he was not served with the writ pointing that what his client received on Tuesday was "just the memo of issues of the writ".
The A-G was represented by Ms.Valerie Amartey, a Chief State Attorney.
The case was thus adjourned to July 15 to allow the amendment to be made and for the defendants to respond to the writ.
Other members of the panel are Justice Allan Brobbey, Justice Sophia Adinyirah, Justice Darteh Baah and Justice S.K Asiamah.
Article 97 clause (1) sub-clause (e) and Article 94 clause (2) sub-clause (e) together, state that a convicted and imprisoned Member of Parliament ceases to be a Member of Parliament, or the seat he occupied before his imprisonment is declared vacant if he fails to vacate the seat voluntarily.
Mr Acheampong is therefore asking for, among other reliefs from the Supreme Court, a declaration that an MP on being convicted and sentenced to a term of imprisonment by any court mandatorily, vacates his or her seat.
Further, a declaration that an appeal filed by a convicted and imprisoned MP is not by itself a stay to suspend the vacation of seat by the imprisoned Member of Parliament as mandatorily required by Articles 97 and 94 read together.
Mr Acheampong maintained in a statement of claim accompanying the writ, that the Accra Fast Track High Court, presided over by Justice F.T. Faakye, a justice of the Court of Appeal, convicted Mr Abodakpi for defrauding by false pretences and wilfully causing financial loss of $400,000 to the state and in consequence, sentenced him to a term of ten (10) years imprisonment with hard labour.
"Having been convicted and sentenced by a court of competent jurisdiction, plaintiff expected Mr Abodakpi to vacate his parliamentary seat voluntarily and mandatorily as required by the express provisions of Articles 97 Clause (1) Sub-Clause (e) and 94 Clause (2) Sub Clause (e) of the 1992 Constitution read together," Mr. Acheampong stated.
He had earlier pointed out that PNDCL 284 which was made on the July 24, 1992 and notified in gazette August 7, 1992 has to be construed to bring it into conformity with the provisions of the 1992 Constitution that came into force on January 7, 1993 as required by Article 11(6).
Friday, 27 June 2008
THE Supreme Court yesterday described as "odd", a writ filed at the court by an Accra legal practitioner, Kwasi Danso Acheampong, seeking legal interpretation of Articles 94 and 97 of the Constitution as to whether a convicted Member of Parliament could keep his seat or not.
The five-member panel, presided over by Justice Sophia Akuffo, expressed surprise that Mr Acheampong copied the writ to the Attorney-General, the Speaker of Parliament and the MP for Keta, Dan Abodakpi, as interested parties instead of serving them as defendants.
The court explained that the parties are affected in the matter and should therefore have been served as defendants.
"The writ was not directed to the parties…this is a very odd document we have here. We should have thrown this matter out," Justice Akuffo said, but explaining that since the issue is of national interest, it cannot be thrown out.This was after the panel had pointed out the irregularities in the writ to Mr Acheampong.
The Supreme Court therefore gave Mr Acheampong up to Monday to amend the writ to include the three parties as "defendants without any prejudice", in view of the fact that they are affected in the matter.
The three parties, the court pointed out, are also to file their respective cases if any, by July 11, for hearing to commence on July 15.
When the case was called, the judges questioned Mr Acheampong as to why he was in his law robe and wig since he was in the court as a plaintiff, to which he replied: "My lords, I was misled by my colleague", and he was obliged by the court to remove the apparel.
Mr Tony Lithur, representing Mr Abodakpi told the court that he was not served with the writ pointing that what his client received on Tuesday was "just the memo of issues of the writ".
The A-G was represented by Ms.Valerie Amartey, a Chief State Attorney.
The case was thus adjourned to July 15 to allow the amendment to be made and for the defendants to respond to the writ.
Other members of the panel are Justice Allan Brobbey, Justice Sophia Adinyirah, Justice Darteh Baah and Justice S.K Asiamah.
Article 97 clause (1) sub-clause (e) and Article 94 clause (2) sub-clause (e) together, state that a convicted and imprisoned Member of Parliament ceases to be a Member of Parliament, or the seat he occupied before his imprisonment is declared vacant if he fails to vacate the seat voluntarily.
Mr Acheampong is therefore asking for, among other reliefs from the Supreme Court, a declaration that an MP on being convicted and sentenced to a term of imprisonment by any court mandatorily, vacates his or her seat.
Further, a declaration that an appeal filed by a convicted and imprisoned MP is not by itself a stay to suspend the vacation of seat by the imprisoned Member of Parliament as mandatorily required by Articles 97 and 94 read together.
Mr Acheampong maintained in a statement of claim accompanying the writ, that the Accra Fast Track High Court, presided over by Justice F.T. Faakye, a justice of the Court of Appeal, convicted Mr Abodakpi for defrauding by false pretences and wilfully causing financial loss of $400,000 to the state and in consequence, sentenced him to a term of ten (10) years imprisonment with hard labour.
"Having been convicted and sentenced by a court of competent jurisdiction, plaintiff expected Mr Abodakpi to vacate his parliamentary seat voluntarily and mandatorily as required by the express provisions of Articles 97 Clause (1) Sub-Clause (e) and 94 Clause (2) Sub Clause (e) of the 1992 Constitution read together," Mr. Acheampong stated.
He had earlier pointed out that PNDCL 284 which was made on the July 24, 1992 and notified in gazette August 7, 1992 has to be construed to bring it into conformity with the provisions of the 1992 Constitution that came into force on January 7, 1993 as required by Article 11(6).
Wednesday, June 25, 2008
GOODIES’ GOODS WERE COKE - Police
By Stephen K. Effah
Wednesday, 25 June 2008
Eighty thumb-sized pellets of a substance expelled by Isaac Abeiku Aidoo, also known as Goodies, the popular music producer being held for drug related offences, have proved to be cocaine upon examination by the Ghana Standards Board, the Greater Accra Public Tribunal heard yesterday.
Aidoo, who was making his second appearance before the tribunal, is charged with two counts of attempted exportation and possessing narcotic drugs without lawful authority.
His plea was not taken, and he is on police remand.
The case was however adjourned to July 21 at the request of the prosecutor, ASP Edward Ansah who informed the tribunal, presided over by Justice Frank Manu, that the case docket has been forwarded to the Attorney-General’s Office for advice.
Aidoo, who is Chief Executive of Goodies Music Production, was arrested at the Kotoka International Airport on April 23, on suspicion of possessing narcotic drugs while going through departure formalities to board a flight to London.
He was subsequently taken to the 37 Military Hospital by officials of the Narcotics Control Board for an x-ray, which revealed that he had foreign materials in his stomach.
He was put under surveillance during which he alleged expelled 80 pellets of whitish substances suspected to be cocaine.
The prosecution had told the tribunal at its first hearing on April 25 that during police interrogation, Aidoo said Abdul Haid, a musician resident at East Legon, Accra, gave him the drugs to be delivered to one Willie in London for a fee of 3,000 dollars.
Haid has not been located by the police.
Wednesday, 25 June 2008
Eighty thumb-sized pellets of a substance expelled by Isaac Abeiku Aidoo, also known as Goodies, the popular music producer being held for drug related offences, have proved to be cocaine upon examination by the Ghana Standards Board, the Greater Accra Public Tribunal heard yesterday.Aidoo, who was making his second appearance before the tribunal, is charged with two counts of attempted exportation and possessing narcotic drugs without lawful authority.
His plea was not taken, and he is on police remand.
The case was however adjourned to July 21 at the request of the prosecutor, ASP Edward Ansah who informed the tribunal, presided over by Justice Frank Manu, that the case docket has been forwarded to the Attorney-General’s Office for advice.
Aidoo, who is Chief Executive of Goodies Music Production, was arrested at the Kotoka International Airport on April 23, on suspicion of possessing narcotic drugs while going through departure formalities to board a flight to London.
He was subsequently taken to the 37 Military Hospital by officials of the Narcotics Control Board for an x-ray, which revealed that he had foreign materials in his stomach.
He was put under surveillance during which he alleged expelled 80 pellets of whitish substances suspected to be cocaine.
The prosecution had told the tribunal at its first hearing on April 25 that during police interrogation, Aidoo said Abdul Haid, a musician resident at East Legon, Accra, gave him the drugs to be delivered to one Willie in London for a fee of 3,000 dollars.
Haid has not been located by the police.
Tuesday, June 24, 2008
Tsatsu's Bail Bid Falters
By Stephen K. Effah
Tuesday, 24 June 2008
THE incarcerated former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, yesterday failed to move his application for bail pending an appeal at the Supreme Court, due to his inability to secure a copy of the judgement.
Mr.Tsikata told the packed Fast Track High Court which sentenced him last Wednesday that he has also petitioned the Chief Justice against the "bias" shown by Justice Henrietta Abban in her judgement.
"I have petitioned the Chief Justice…I have indicated the clear bias exhibited in the judgement and I’m waiting for the outcome," he said.
The case was thus adjourned sine die to allow both Mr Tsikata and the prosecution to have copies of the judgement.The Fast Track High Court on June 18, handed down a five-year jail term to the former GNPC boss after it found him guilty of all three counts of causing financial loss of about ¢2.3 billion to the state and misapplying public property.
Immediately he was sentenced last Wednesday, Mr.Tsikata, asked the court for bail to allow him appeal against the decision of the judge but that request was refused by the court.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
After Mrs. Yvonne Obuobisah, a Principal State Attorney had introduced her prosecution team to the court yesterday, Justice Abban asked Mr.Tsikata whether he had any legal representation but he replied: "I’m representing myself."
He then told the court that he applied for a copy of the judgement, as well as proceedings of June 18, to support his application for bail, but he was only given an "incomplete record of proceedings," hence he has written back to the court registrar requesting the full text of the judgement.
"As at now, I don’t have the judgement, and the best way to proceed is to have it (judgement) and the transcript of proceedings," he told the court.
Mr Tsikata further said that even when the proceedings of June 18 are supplied him, he would want to listen to the recorded proceedings of that day to ensure its accuracy.
In response, Mrs Obuobisah said that for an application for bail, it is the record of judgement which is needed and not proceedings. She therefore requested the judge to exercise her discretion, adding, "It will be proper if we all have copies of the judgement."
As early as 9 a.m. yesterday, a number of National Democratic Congress supporters had started thronging the Supreme Court building awaiting the arrival of Mr Tsikata.
By the time proceedings began at about 11:40 a.m., hundreds of them, wearing red bands had besieged the forecourt amidst the chanting of songs in praise of Mr Tsikata.
Bearing placards some of which read, "No Tsatsu, No Ghana," "We Want Justice Now", "After Tsatsu Who is Next Mr Prez" and "Tsatsu is a Living Legend." However, the supporters were prevented from entering the court building by the police.
Tuesday, 24 June 2008
THE incarcerated former Chief Executive of the Ghana National Petroleum Corporation, Tsatsu Tsikata, yesterday failed to move his application for bail pending an appeal at the Supreme Court, due to his inability to secure a copy of the judgement.
Mr.Tsikata told the packed Fast Track High Court which sentenced him last Wednesday that he has also petitioned the Chief Justice against the "bias" shown by Justice Henrietta Abban in her judgement.
"I have petitioned the Chief Justice…I have indicated the clear bias exhibited in the judgement and I’m waiting for the outcome," he said.
The case was thus adjourned sine die to allow both Mr Tsikata and the prosecution to have copies of the judgement.The Fast Track High Court on June 18, handed down a five-year jail term to the former GNPC boss after it found him guilty of all three counts of causing financial loss of about ¢2.3 billion to the state and misapplying public property.
Immediately he was sentenced last Wednesday, Mr.Tsikata, asked the court for bail to allow him appeal against the decision of the judge but that request was refused by the court.
He later filed a notice of appeal seeking an order of the Court of Appeal to set aside the High Court’s decision because, he said, it was unreasonable and not supported by the evidence given.
After Mrs. Yvonne Obuobisah, a Principal State Attorney had introduced her prosecution team to the court yesterday, Justice Abban asked Mr.Tsikata whether he had any legal representation but he replied: "I’m representing myself."
He then told the court that he applied for a copy of the judgement, as well as proceedings of June 18, to support his application for bail, but he was only given an "incomplete record of proceedings," hence he has written back to the court registrar requesting the full text of the judgement.
"As at now, I don’t have the judgement, and the best way to proceed is to have it (judgement) and the transcript of proceedings," he told the court.
Mr Tsikata further said that even when the proceedings of June 18 are supplied him, he would want to listen to the recorded proceedings of that day to ensure its accuracy.
In response, Mrs Obuobisah said that for an application for bail, it is the record of judgement which is needed and not proceedings. She therefore requested the judge to exercise her discretion, adding, "It will be proper if we all have copies of the judgement."
As early as 9 a.m. yesterday, a number of National Democratic Congress supporters had started thronging the Supreme Court building awaiting the arrival of Mr Tsikata.
By the time proceedings began at about 11:40 a.m., hundreds of them, wearing red bands had besieged the forecourt amidst the chanting of songs in praise of Mr Tsikata.
Bearing placards some of which read, "No Tsatsu, No Ghana," "We Want Justice Now", "After Tsatsu Who is Next Mr Prez" and "Tsatsu is a Living Legend." However, the supporters were prevented from entering the court building by the police.
Monday, June 23, 2008
Ghana's Most Beautiful: IT’S SARAH ADOLEY
By Stephen Effah
Saturday, 21 June 2008
Sarah Adoley Addo, a 24-year-old native of Greater Accra last Sunday took home two glossy saloon cars with a cool 3,000 Ghana cedi having emerged as this year’s Ghana’s Most Beautiful.
While one of the cars is her prize, the other is for ceremonial use during her one year reign.
The senior high school leaver also had as part of her prize, a year’s wardrobe of clothing, a mobile TV phone from Onetouch, the major sponsor of the event, as well as jewelleries and souvenirs from sponsors.
The first runner-up, Mavis Eyram Dotse from the Volta Region, received 6,000 Ghana cedis and an additional 500 Ghana cedi for being the contestant with the best skin.
Fanny A. Finn Amissah, of the Central Region, received 4,000 Ghana cedis as the second runner-up while Ruweida Yakubu, from the Northern Region took home 2,000 Ghana cedis as the third runner-up.
CONTROVERSIES
The crowd at the National Theatre auditorium roared "Adoley! Adoley!!..." when the host, Gideon Ayitey, teased them as to who the winner was.
The streets around the National Theatre were besieged by some youth watching the show live on TV, singing the name of Adoley.
But the night was not without controversies as the crowning of Adoley seemed not to have gone down well with Eyram and Fanny who were highly tipped for the crown.
For moments after the results were announced, Eyram for instance, disappeared from the stage while the others hugged each other and exchanged pleasantries with other dignitaries.
It took Eyram about two minutes to get back on stage when the host kept calling "Eryam! Eryam! Where is Eyram? Come on stage," before she resurfaced to join the others for photo opportunity.
The keenly contested show was characterised with a display of rich Ghanaian culture spiced up with spectacular performances from the contestants, the Ghana Dance Ensemble, Obour, highlife legend Ebo Taylor and Joe of TV3 Mentor fame among others.
It all began with the contestants appearing on stage as queen mothers of their respective regions with their retinues to persuade the judges — Linda Ampah, Nana Abena Efia and S.F. Adjei — why they should want to be crowned Ghana’s Most Beautiful.
They were then questioned by the judges. Then came the next stage when each of them had to demonstrate to the audience as well as the judges what she had learnt from another region during the 13 weeks stay at a reality house. Adoley and Fanny opened the stage with each telling and enacting to the other what they learned.
Eyram and Ruweida followed up. The two, used the opportunity to appeal to their people to cease fire in the various reported conflicts in their home regions.
The last round saw each of the four modelling with an evening and casual wears.
Adoley, whose parents are deaf and dump, and aspires to be a human resource personnel, said
she intends championing the course of persons with disabilities in the country.
The Ghana’s Most Beautiful TV reality show seeks to showcase the grandeur of Ghanaian tradition, bringing out the personality, beauty, intelligence, eloquence and national pride of the women between the ages of 18 and 30.
Saturday, 21 June 2008
Sarah Adoley Addo, a 24-year-old native of Greater Accra last Sunday took home two glossy saloon cars with a cool 3,000 Ghana cedi having emerged as this year’s Ghana’s Most Beautiful.
While one of the cars is her prize, the other is for ceremonial use during her one year reign.
The senior high school leaver also had as part of her prize, a year’s wardrobe of clothing, a mobile TV phone from Onetouch, the major sponsor of the event, as well as jewelleries and souvenirs from sponsors.
The first runner-up, Mavis Eyram Dotse from the Volta Region, received 6,000 Ghana cedis and an additional 500 Ghana cedi for being the contestant with the best skin.
Fanny A. Finn Amissah, of the Central Region, received 4,000 Ghana cedis as the second runner-up while Ruweida Yakubu, from the Northern Region took home 2,000 Ghana cedis as the third runner-up.
CONTROVERSIES
The crowd at the National Theatre auditorium roared "Adoley! Adoley!!..." when the host, Gideon Ayitey, teased them as to who the winner was.
The streets around the National Theatre were besieged by some youth watching the show live on TV, singing the name of Adoley.
But the night was not without controversies as the crowning of Adoley seemed not to have gone down well with Eyram and Fanny who were highly tipped for the crown.
For moments after the results were announced, Eyram for instance, disappeared from the stage while the others hugged each other and exchanged pleasantries with other dignitaries.
It took Eyram about two minutes to get back on stage when the host kept calling "Eryam! Eryam! Where is Eyram? Come on stage," before she resurfaced to join the others for photo opportunity.
The keenly contested show was characterised with a display of rich Ghanaian culture spiced up with spectacular performances from the contestants, the Ghana Dance Ensemble, Obour, highlife legend Ebo Taylor and Joe of TV3 Mentor fame among others.
It all began with the contestants appearing on stage as queen mothers of their respective regions with their retinues to persuade the judges — Linda Ampah, Nana Abena Efia and S.F. Adjei — why they should want to be crowned Ghana’s Most Beautiful.
They were then questioned by the judges. Then came the next stage when each of them had to demonstrate to the audience as well as the judges what she had learnt from another region during the 13 weeks stay at a reality house. Adoley and Fanny opened the stage with each telling and enacting to the other what they learned.
Eyram and Ruweida followed up. The two, used the opportunity to appeal to their people to cease fire in the various reported conflicts in their home regions.
The last round saw each of the four modelling with an evening and casual wears.
Adoley, whose parents are deaf and dump, and aspires to be a human resource personnel, said
she intends championing the course of persons with disabilities in the country.
The Ghana’s Most Beautiful TV reality show seeks to showcase the grandeur of Ghanaian tradition, bringing out the personality, beauty, intelligence, eloquence and national pride of the women between the ages of 18 and 30.
A Chat With Akwamufie Queenmother
By Our Reporters
Saturday, 21 June 2008
It was sunset on a Thursday in a community at the mountainous Akwamu dynasty in the Eastern Region of Ghana. The atmosphere was calm, bright and fulfilling with every "Kwasi, Kwame and Ama" going about their normal duties.
But for an 18-year-old Yaa Baomah, it was a turning point in her life as the unexpected happened to her that faithful day.
The royal family of Akwamufie, one of the significant towns in Ghana’s history, was meeting at the Abusafie at the centre of the town to discuss and find a successor to the late Nana Ansaah I.
With no expectation, Yaa Boamah found herself in the auspicious meeting at the Abusuafie, where she was confined. For two weeks, her relation with friends and some of her family members was cut short. Rather, she had to learn the traditions and customs of the Akwamu people in order to become queenmother.
Now, 62, and queenmother of Akwamu Traditional Area, Nana Afrakumah II, recall how she was prepared for her coronation as the queenmother for the area when Group Two called at her palace this morning.
Dressed in her traditional regalia, she reminisced: "I wept the whole day of my coronation. This is because I was not going to have the opportunity to play with my peers and do certain things in public again."
She said that her mother was supposed to have been installed the queen- mother, but due to her old age, the mantle fell on her.
She said that because she was not married and it was difficult for men to come closer to propose to her, her family and the then chief, Nana Kwaafo II, arranged a suitor for her.
Forty-two years since her instalment, Nana Afrakumah has used her role as the queenmother of the area to influence her people in various ways, especially the as regards traditions and customs.
She said everyone in the community has been assigned responsibilities during Odwira festival celebrated every August. This, she explained, is to expose the people, especially the youth, to their culture.
Further, to ensure discipline and peaceful co-existence, she has banned people from fighting or raining insults on people especially in public. The women are not allowed to walk in public in cover cloth. "Anyone who flouts this law is fined," she said.
Like all queenmothers, Nana Afrakumah told the Group that, all girls who experience their first menstruation are brought to her by their parents for groming on how to dress, how to compose themselves in public and what not to do.
"As the queenmother of my people, I sometimes double as an arbitrator in disputes in my community. When people have problems that they are unable to solve, they bring them to me for settlement,"
Notwithstanding, things have not been easy for Nana Afrakumah. Due to a 17-year-old chieftaincy dispute in Akwamufie following the death of Nana Kwaafo Akoto II, some aspects of the traditions have been affected by the situation.
She said that for the past 17 years, the people have not been able to celebrate the Odwira and Adaekese festival, which are of great significance to the Akwamus, thus depriving the youth the opportunity to admire and learn their culture.
"The dispute has brought division to Akwamufie," she said, noting that only those who are on her side listen to her and give her the respect due a queen- mother.
Nana Afrakuma now blends tradition with modernity and no longer performs some rituals expected of her. For instance, she said that whenever she pays her last respect to the dead, she is required to purify herself with the slaughter of a ram.
But according to her, she no longer performs such a ritual, because "it is against Christianity to atone with blood."
Back in her days, Nana had little former education and learned hair- dressing, adding "those were the times when there were no hair dryers and we had to fall on stretching comb."
Nana Afrakumah now has three children-two of males and a female and does petty trading and farming to while away time.
She advised parents to strive to send their children to school and avoid spending on funerals and clothing.
Saturday, 21 June 2008
It was sunset on a Thursday in a community at the mountainous Akwamu dynasty in the Eastern Region of Ghana. The atmosphere was calm, bright and fulfilling with every "Kwasi, Kwame and Ama" going about their normal duties.
But for an 18-year-old Yaa Baomah, it was a turning point in her life as the unexpected happened to her that faithful day.
The royal family of Akwamufie, one of the significant towns in Ghana’s history, was meeting at the Abusafie at the centre of the town to discuss and find a successor to the late Nana Ansaah I.
With no expectation, Yaa Boamah found herself in the auspicious meeting at the Abusuafie, where she was confined. For two weeks, her relation with friends and some of her family members was cut short. Rather, she had to learn the traditions and customs of the Akwamu people in order to become queenmother.
Now, 62, and queenmother of Akwamu Traditional Area, Nana Afrakumah II, recall how she was prepared for her coronation as the queenmother for the area when Group Two called at her palace this morning.
Dressed in her traditional regalia, she reminisced: "I wept the whole day of my coronation. This is because I was not going to have the opportunity to play with my peers and do certain things in public again."
She said that her mother was supposed to have been installed the queen- mother, but due to her old age, the mantle fell on her.
She said that because she was not married and it was difficult for men to come closer to propose to her, her family and the then chief, Nana Kwaafo II, arranged a suitor for her.
Forty-two years since her instalment, Nana Afrakumah has used her role as the queenmother of the area to influence her people in various ways, especially the as regards traditions and customs.
She said everyone in the community has been assigned responsibilities during Odwira festival celebrated every August. This, she explained, is to expose the people, especially the youth, to their culture.
Further, to ensure discipline and peaceful co-existence, she has banned people from fighting or raining insults on people especially in public. The women are not allowed to walk in public in cover cloth. "Anyone who flouts this law is fined," she said.
Like all queenmothers, Nana Afrakumah told the Group that, all girls who experience their first menstruation are brought to her by their parents for groming on how to dress, how to compose themselves in public and what not to do.
"As the queenmother of my people, I sometimes double as an arbitrator in disputes in my community. When people have problems that they are unable to solve, they bring them to me for settlement,"
Notwithstanding, things have not been easy for Nana Afrakumah. Due to a 17-year-old chieftaincy dispute in Akwamufie following the death of Nana Kwaafo Akoto II, some aspects of the traditions have been affected by the situation.
She said that for the past 17 years, the people have not been able to celebrate the Odwira and Adaekese festival, which are of great significance to the Akwamus, thus depriving the youth the opportunity to admire and learn their culture.
"The dispute has brought division to Akwamufie," she said, noting that only those who are on her side listen to her and give her the respect due a queen- mother.
Nana Afrakuma now blends tradition with modernity and no longer performs some rituals expected of her. For instance, she said that whenever she pays her last respect to the dead, she is required to purify herself with the slaughter of a ram.
But according to her, she no longer performs such a ritual, because "it is against Christianity to atone with blood."
Back in her days, Nana had little former education and learned hair- dressing, adding "those were the times when there were no hair dryers and we had to fall on stretching comb."
Nana Afrakumah now has three children-two of males and a female and does petty trading and farming to while away time.
She advised parents to strive to send their children to school and avoid spending on funerals and clothing.
Osei Shows Remorse To President
By Stephen K. Effah
Saturday, 21 June 2008
Thomas Osei, the man who drove into President J.A.Kufuor’s car on November 14,2007, yesterday showed remorse when he told the Fast Track High Court trying him of his intention to apologise to President Kufuor when given the opportunity.
"Yes I will go and apologise when I am given the opportunity. I still want to be his son," he stated, when he was being led in evidence by his counsel, Kwame Akuffo, after he opened his defence yesterday.
He said he did not bear any malice for the president on that fateful day the accident occurred, saying, "I was so surprised when I realised that I have bumped into his (President Kufuor) car because I know him. I felt so bad, my lord".
The 51 year-old man told the court that he did not realise it was President Kufuor’s car that he drove into until he came out to see the coat of arms on it.
"I said to myself: Oh my God! What have I done when I realised that it was President Kufour’s car I drove into," he added.
Osei, who is a businessman is facing charges for dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to Presidential siren and the use of narcotic drugs. The President escaped unhurt.
Osei has pleaded not guilty to all the charges and is still on police remand.
In his evidence in chief to the court, Osei admitted being a regular visitor to President Kufuor’s residence.
He said he has known President Kufuor when he (Osei) was resident in Japan between 1990 and 2000.
While there, he said, he got to know some key Japanese and Ghanaian politicians, and even influenced the grant from the Japanese Government for the construction of the Kasoa Yamoransa road where his partner, K.T Wilson, is a sub-contractor.
Osei told the court that on the day of the accident, he did not hear any siren when he got to the Opeibea Intersection, the accident spot, noting "there was nothing indicating that the President’s car was progressing".
"I only heard a fainted siren at the 37 area but not at the intersection," he said, adding that at the time of the accident, there was no police officer on duty at the intersection.
Osei also denied the claim by the prosecution that he disregarded a police officer’s signal to stop for the President’s convoy to pass, as well as the claim that he overtook the two cars which were ahead of him.
He told the court that he was driving to his office after he had gone to eat at London Restaurant where he took only two bottles of beer when the accident occurred. He said he was not drunk as claimed by the prosecution.
Moments after he got to the intersection from the Aviance Cargo area, he said, the traffic lights turned green and two cars which were ahead made a turn towards the airport traffic light.
He said he had gotten to the fifth lane when a car suddenly hit his. He said some security personnel came up to him, and asked why he has done that because he knew them and they also know him.
Osei said that President Kufuor was immediately taken away making the security personnel suspect that he was being taken to the 37 Military Hospital. "They took me to the 37 Military Hospital" but when they realise the President was not there, they took me too to the Bureau of National Investigation office.
There he said, he met the President’s Security, Bediako, who used the back of his hands to hit him on the mouth, thus making him sustain injury on his lips. "I was taken to a room and Bediako asked me to lie down which I did. "He used his shoe to kick me like a football and I bled profusely."
Just then, he said, Francis Poku, the former National Security Minister, came in and asked what had happened to him and he told him it was Bediako who hit and kicked him.He ordered one Dr.Brako and one BNI official to take me to hospital.
Osei told the court that on arrival at the 37 Military Hospital, One Dr.Gyan stitched his wounds and took an X-ray of him. He said "Dr.Brako was interfering so "Dr.Gyan told him that 37 is beyond his jurisdiction".
He said a police officer later came to take his breath but did not tell him what he was going to use it for. He said Dr.Brako also later came to take his blood sample without letting him know what it was going to be used for.
He said that Dr. Brako again took his urine sample when they went to search his house, noting the samples were later taken to Medi Lab where it was tested and I was told that I have cocaine in my blood.
"I have never taken cocaine in my life before," he told the court.
The court adjourned proceedings to June 23 for the prosecution to cross-examine Osei.
Saturday, 21 June 2008
Thomas Osei, the man who drove into President J.A.Kufuor’s car on November 14,2007, yesterday showed remorse when he told the Fast Track High Court trying him of his intention to apologise to President Kufuor when given the opportunity.
"Yes I will go and apologise when I am given the opportunity. I still want to be his son," he stated, when he was being led in evidence by his counsel, Kwame Akuffo, after he opened his defence yesterday.
He said he did not bear any malice for the president on that fateful day the accident occurred, saying, "I was so surprised when I realised that I have bumped into his (President Kufuor) car because I know him. I felt so bad, my lord".
The 51 year-old man told the court that he did not realise it was President Kufuor’s car that he drove into until he came out to see the coat of arms on it.
"I said to myself: Oh my God! What have I done when I realised that it was President Kufour’s car I drove into," he added.
Osei, who is a businessman is facing charges for dangerous driving, negligently causing harm, driving under the influence of alcohol, failing to give way to Presidential siren and the use of narcotic drugs. The President escaped unhurt.
Osei has pleaded not guilty to all the charges and is still on police remand.
In his evidence in chief to the court, Osei admitted being a regular visitor to President Kufuor’s residence.
He said he has known President Kufuor when he (Osei) was resident in Japan between 1990 and 2000.
While there, he said, he got to know some key Japanese and Ghanaian politicians, and even influenced the grant from the Japanese Government for the construction of the Kasoa Yamoransa road where his partner, K.T Wilson, is a sub-contractor.
Osei told the court that on the day of the accident, he did not hear any siren when he got to the Opeibea Intersection, the accident spot, noting "there was nothing indicating that the President’s car was progressing".
"I only heard a fainted siren at the 37 area but not at the intersection," he said, adding that at the time of the accident, there was no police officer on duty at the intersection.
Osei also denied the claim by the prosecution that he disregarded a police officer’s signal to stop for the President’s convoy to pass, as well as the claim that he overtook the two cars which were ahead of him.
He told the court that he was driving to his office after he had gone to eat at London Restaurant where he took only two bottles of beer when the accident occurred. He said he was not drunk as claimed by the prosecution.
Moments after he got to the intersection from the Aviance Cargo area, he said, the traffic lights turned green and two cars which were ahead made a turn towards the airport traffic light.
He said he had gotten to the fifth lane when a car suddenly hit his. He said some security personnel came up to him, and asked why he has done that because he knew them and they also know him.
Osei said that President Kufuor was immediately taken away making the security personnel suspect that he was being taken to the 37 Military Hospital. "They took me to the 37 Military Hospital" but when they realise the President was not there, they took me too to the Bureau of National Investigation office.
There he said, he met the President’s Security, Bediako, who used the back of his hands to hit him on the mouth, thus making him sustain injury on his lips. "I was taken to a room and Bediako asked me to lie down which I did. "He used his shoe to kick me like a football and I bled profusely."
Just then, he said, Francis Poku, the former National Security Minister, came in and asked what had happened to him and he told him it was Bediako who hit and kicked him.He ordered one Dr.Brako and one BNI official to take me to hospital.
Osei told the court that on arrival at the 37 Military Hospital, One Dr.Gyan stitched his wounds and took an X-ray of him. He said "Dr.Brako was interfering so "Dr.Gyan told him that 37 is beyond his jurisdiction".
He said a police officer later came to take his breath but did not tell him what he was going to use it for. He said Dr.Brako also later came to take his blood sample without letting him know what it was going to be used for.
He said that Dr. Brako again took his urine sample when they went to search his house, noting the samples were later taken to Medi Lab where it was tested and I was told that I have cocaine in my blood.
"I have never taken cocaine in my life before," he told the court.
The court adjourned proceedings to June 23 for the prosecution to cross-examine Osei.
Friday, June 20, 2008
COCAINE SUSPECTS SENT TO HOSPITAL
By Stephen K. Effah
Friday, 20 June 2008
THE Greater Accra Regional Tribunal yesterday ordered the police to send two of the three persons being held for their involvement in the 399 parcels of cocaine intercepted by the police on May 30, to hospital for treatment of hearing difficulty as a result of alleged police beatings.
The order follows an application by counsel for the accused, Frederick Boamah, who alleged that two of his clients, Kwame Anane, 34, and Kofi Amewu,30, were severely beaten up by the police upon their arrest, resulting in their difficulty in hearing.
This was when the two, and Kofi Deble, 35, made their second appearance at the court yesterday.
Their plea were not taken and they were remanded in prison custody to appear again on July 17.
The three are facing three counts of conspiracy, possession of narcotic drugs without authority and importation of narcotic drugs without authority.
The court, presided over by Justice Frank Manu, a High Court Judge, also ordered a test of the cow legs and hide under which the cocaine were concealed to determine their wholesomeness or otherwise.
He directed that the cow legs and hide be sold if found to be wholesome otherwise they should be destroyed. The police should also take a video or photograph of the items before being disposed of for use as exhibit in the trial.
The prosecutor, DSP. P.K. Frimpong, told the court that investigations were still going on, noting that the owners of the cow legs and hide as well as the truck, had not yet been identified.
Mr Boamah deplored the circumstances under which his clients were denied counsel upon their arrest by the police and their subsequent "smuggling to court for remand".
He said since he was not in court at their first appearance on June 2, "I don’t know the charges preferred against them and I will pray that in our next appearance their charges are read in court."preferred against them and I will pray that in our next appearance their charges are read in court."
He told the court that he has difficulty getting access to his clients, noting that he had to go through bureaucratic procedures before he was allowed to see them.
"Counsel should have unfettered access to confer with the accused persons to prepare them," he stated
He gave notice of his intention to apply for bail for the accused persons at the next hearing, arguing that they were just a driver and his mates, and the truck was registered in the name of a limited liability company and, therefore, finding its owners should not be difficult as claimed by the prosecution.
He said that the parcels of cocaine were so hidden that it was difficult for the driver and the mates to have an idea about them, adding that the police themselves had a tough time locating them.
The prosecution says that on May 30, 2008, the Nsawam police, acting upon a tip-off, mounted surveillance and intercepted the truck with registration number GT 3359 Z, said to have entered Ghana from Conakry, Guinea.
A search conducted on the vehicle uncovered 399 parcels of a whitish substance suspected to be cocaine concealed in an artificially created compartment. The occupants of the vehicle were arrested to assist the police in their investigations.
Friday, 20 June 2008
THE Greater Accra Regional Tribunal yesterday ordered the police to send two of the three persons being held for their involvement in the 399 parcels of cocaine intercepted by the police on May 30, to hospital for treatment of hearing difficulty as a result of alleged police beatings.
The order follows an application by counsel for the accused, Frederick Boamah, who alleged that two of his clients, Kwame Anane, 34, and Kofi Amewu,30, were severely beaten up by the police upon their arrest, resulting in their difficulty in hearing.
This was when the two, and Kofi Deble, 35, made their second appearance at the court yesterday.
Their plea were not taken and they were remanded in prison custody to appear again on July 17.
The three are facing three counts of conspiracy, possession of narcotic drugs without authority and importation of narcotic drugs without authority.
The court, presided over by Justice Frank Manu, a High Court Judge, also ordered a test of the cow legs and hide under which the cocaine were concealed to determine their wholesomeness or otherwise.
He directed that the cow legs and hide be sold if found to be wholesome otherwise they should be destroyed. The police should also take a video or photograph of the items before being disposed of for use as exhibit in the trial.
The prosecutor, DSP. P.K. Frimpong, told the court that investigations were still going on, noting that the owners of the cow legs and hide as well as the truck, had not yet been identified.
Mr Boamah deplored the circumstances under which his clients were denied counsel upon their arrest by the police and their subsequent "smuggling to court for remand".
He said since he was not in court at their first appearance on June 2, "I don’t know the charges preferred against them and I will pray that in our next appearance their charges are read in court."preferred against them and I will pray that in our next appearance their charges are read in court."
He told the court that he has difficulty getting access to his clients, noting that he had to go through bureaucratic procedures before he was allowed to see them.
"Counsel should have unfettered access to confer with the accused persons to prepare them," he stated
He gave notice of his intention to apply for bail for the accused persons at the next hearing, arguing that they were just a driver and his mates, and the truck was registered in the name of a limited liability company and, therefore, finding its owners should not be difficult as claimed by the prosecution.
He said that the parcels of cocaine were so hidden that it was difficult for the driver and the mates to have an idea about them, adding that the police themselves had a tough time locating them.
The prosecution says that on May 30, 2008, the Nsawam police, acting upon a tip-off, mounted surveillance and intercepted the truck with registration number GT 3359 Z, said to have entered Ghana from Conakry, Guinea.
A search conducted on the vehicle uncovered 399 parcels of a whitish substance suspected to be cocaine concealed in an artificially created compartment. The occupants of the vehicle were arrested to assist the police in their investigations.
Thursday, June 19, 2008
TSATSU TSIKATA JAILED 5 YEARS
Stephen K. Effah
Thursday, 19 June 2008
THE trial of Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, which dragged for five years and eight months, ended yesterday with the Accra Fast Track High Court sentencing him to five years in prison.
The court found him guilty of all four counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and misapplying public property.
Mrs. Obuobisah opposed the application when she took the floor. "This application is strange in the law. He must follow due process. There is no notice of appeal pending and he cannot put something on nothing," she said.
Thursday, 19 June 2008
THE trial of Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, which dragged for five years and eight months, ended yesterday with the Accra Fast Track High Court sentencing him to five years in prison.He was charged with wilfully causing financial loss to the state and misapplying public funds.
The court found him guilty of all four counts of causing financial loss of about ¢2.3 billion to the state through a loan he, acting on behalf of the GNPC, guaranteed for Valley Farms Limited, a private cocoa producing company in 1991, and misapplying public property.
The court, presided over by Justice Henrietta Abban, sentenced him to five years imprisonment on each count to run concurrently.
Before his sentence, Mr. Tsikata was seeking an order at the Supreme Court to bring the International Finance Corporation to testify in the case in which both the Court of Appeal and the Fast Track High Court had ruled that the IFC has immunity from the processes of the courts.
But Mr.Tsikata insisted that failure to get the corporation to testify "will occasion a miscarriage of justice".
The Supreme Court had fixed June 25, to deliberate on Mr.Tsikata’s application, but when Justice Abban sat yesterday, she made it clear that she was proceeding to read her judgement because the court had not received any order from the Supreme Court to stay proceedings.
After the prosecution, led by Attorney General Joe Ghartey announced themselves to the court yesterday, Mr Tsikata, who had gone to seek an adjournment to enable him to move a motion for an acquittal, told the court that his counsel, Prof. Emmanuel Victor Oware Dankwa,was out of the court’s jurisdiction.
He argued that he needed the services of his counsel before the case could proceed, but the judge asked him to represent himself since he is a lawyer, so that she could go on with the case.
Delivering the judgement, which took about two hours, Justice Abban said the prosecution was able to establish, beyond reasonable doubt, a case against Mr Tsikata.
On the charge of wilfully causing financial loss, the court said the prosecution was able to lead evidence to prove that Mr Tsikata authorised the guarantee of the loan without the GNPC board’s approval, which Valley Farms defaulted in repayment.
The court held that the venture embarked upon by Mr Tsikata caused financial loss to the GNPC, which is a state institution, and the loss was occasioned by acts wilfully done by Mr Tsikata, then Chief Executive of the corporation.
On misappropriation of public property, the court further held that the prosecution was able to prove that Mr Tsikata intentionally misapplied public property when he authorised the guarantee.
When the judge completed reading her judgement, she asked Mr Tsikata who stood throughout the proceedings taking notes, whether he had any comments before the sentence was passed.
Mr Tsikata replied: "I have already indicated to the court that my counsel has travelled abroad. This court had previously adjourned proceedings to await an aspect of the Supreme Court ruling which can have significance for my defence".
He added, "This judgement is against the weight of evidence," but the judge cut in, saying "you are not in control of this court. You are not going to tell me what to do."
This resulted in a heated exchange between the judge and Mr Tsikata, but Justice Abban proceeded in passing the sentence.
She said: "I sentence you to five years in jail", Mr Tsikata responded: " I hope the albatross hanging around your neck has been removed"
Justice Abban: "Did I say I have any albatross hanging around my neck?"
Mr Tsikata: "You did say so some time ago."
Mr Tsikata: "You did say so some time ago."
Justice Abban stated: "I do not remember. All I said was that there should be an end to litigation."
Mr Tsikata then told the court of his intention to appeal against the judgement, and said, "before that I am applying for bail pending the appeal."
The judge then asked the prosecution to respond to the request by Mr Tsikata, and Mr Ghartey designated Mrs Yvonne Obuobisah, a Principal State Attorney, to do so.
Mrs. Obuobisah opposed the application when she took the floor. "This application is strange in the law. He must follow due process. There is no notice of appeal pending and he cannot put something on nothing," she said.
Further, she said, "the application has to rely on something but he did not state any exceptional grounds on which a bail should be granted".
But Mr Tsikata reacted: "There is no indication that judgement will be given today. I have been summoned to court but without my counsel who notified the court of his absence, and these are clearly unusual circumstances."
He said once the court rescinded its decision to await the Supreme Court’s verdict, it put him in a disadvantage, "I am taking steps to have the appeal filed but I have to be free to be able to do so."
The judge then replied: "I do not even know the grounds on which you are appealing. I therefore uphold the prosecution’s argument that there is no pending application based on which I can make my decision."
By the time proceedings ended, people had began to fill the court room. Notable among them was Mr John Mahama, the National Democratic Congress presidential running mate in the December poll.
After the court had ended proceedings, former President Jerry John Rawlings came there briefly and left.
Not long afterwards, the flag-bearer of the National Democratic Congress , Prof John Atta Mills and the party’s General Secretary Asiedu Nketsia also came around
Tsikata was later taken to the court’s registry by police escorts to process and sign the necessary documents before being taken to prison.
The Times later learnt that Mr Tsikata filed a notice of appeal and stay of execution pending
appeal and was due to move his application later yesterday.
The prosecution’s case was that Mr Tsikata, then Chief Executive of the GNPC, guaranteed a loan contracted by Valley Farms from Caisse Centrale, now Agence Francaise De Development (AFD) in 1991, but the company defaulted, thus compelling GNPC to pay the loan in 1996.
Mr Tsikata is said to have guaranteed the loan without the GNPC board’s approval.
The case started in October 2002 with the late Mr. Osafo Sampong, the then Director of Public Prosecutions leading the prosecuteion.
The case started in October 2002 with the late Mr. Osafo Sampong, the then Director of Public Prosecutions leading the prosecuteion.
In 2002, the Supreme Court ruled that the Fast Track Court trying Mr Tsikata was unconstitutional, following a challenge by Mr Tsikata of its status, a decision which was overturned later in a judicial review.
Mr. Joe Ghartey is the third Attorney-General after Nana Addo Dankwa Akufo-Addo and Mr. J. Ayikoi Otoo, to prosecute the case.
In all, seven witnesses were called by the prosecution, while the defence called one. There were also two court witnesses from the Merchant Bank.
Sunday, June 15, 2008
Ghana's Most Beautiful: Grand Finale Tomorrow
By Stephen K. Effah
Saturday, 14 June 2008
FROM a list of 10 contestants, four beautiful, intelligent and eloquent women have finally made it to the finals of the second edition of Ghana’s Most Beautiful, a unique educative and entertaining beauty pageant, at the National Theatre tomorrow evening.
Adoley will switch from Greater Accra to the ‘Fanteland’ (Central Region) while Fanny assumes Greater Accra (‘Ga Land’) stature.
"Unlike last year, the contestants have been able to explore and give detailed meaning of the varied cultures and traditions in their respective regions.
Commenting on the event’s objective, he said "yes, we are achieving what the event was set out to do."
Saturday, 14 June 2008
FROM a list of 10 contestants, four beautiful, intelligent and eloquent women have finally made it to the finals of the second edition of Ghana’s Most Beautiful, a unique educative and entertaining beauty pageant, at the National Theatre tomorrow evening. For the past 13 good weeks, the women projected and educated hundreds of people on the diverse Ghanaian traditional values most of which have been taken for granted by society, especially in the 21st century, under the guise of modernity.
It has been exciting and fun for both television viewers and the contestants themselves, who were camped under one roof for the period.
Battling it out for the ultimate prize are Sarah Adoley Addo (Greater Accra), Mavis Eyram Dotse (Volta Region), Fanny Aggrey Finn Amissah (Central Region) and Yakuba Ruweida (Northern Region).
The evictions saw Mroh Louisa Efua Baawa from the Western Region, Dauda Fawzia of Upper West and Rafiatu 
Eugette Gbormitah from the Upper East Region, missing the fun in that order.
Eugette Gbormitah from the Upper East Region, missing the fun in that order.They were followed by Ashanti Region’s Danso Abena Akorewaa, Asare Aponsah Akua Serwah from the Eastern Region and Erica Joana Arthur of the Brong-Ahafo Region.
Undoubtedly, either of the four finalists - Adoley, Eyram, Fanny and Ruweida during the elimination stages, put up ‘Ghana’s Most Beautiful’, thus raising the stakes of tomorrow’s grand finale higher than in the previous weekly contests.
The four contestants will first appear on stage as queen mothers of their respective regions and as usual, give insight into the significance and meaning of their regalia. Each of the four will be attempting to convince the judges and the public why she should be crowned ‘Ghana’s Most Beautiful’.
After the first round, each of them will again take up the stage but this time, enact what each has learned from the other region, ranging from language through food to dance. For this, Eyram will move away from the Volta Region to the Northern Region, Ruweida, with the Volta Region.
Adoley will switch from Greater Accra to the ‘Fanteland’ (Central Region) while Fanny assumes Greater Accra (‘Ga Land’) stature.This round is to show how tolerant each of the contestants has grown during their 13 weeks of stay together in the house and to make the point that "we are all one as Ghanaians," as well as prove each contestant’s versatility.
The third round will be a fashion show, during which the contestants will model in contemporary evening and casual outfits, going traditional for sometime.
In an interview with the Times Weekend, Hamid Yakubu, Producer of the contest, talk about how the contest has improved over the last year, saying "the quality of contestants improved appreciably".
"Unlike last year, the contestants have been able to explore and give detailed meaning of the varied cultures and traditions in their respective regions.
"They also managed to present their different cultures mostly considered as archaic in an interesting and entertaining manner, thus disabusing people’s wrong perception on such traditional values and making them popular," he added
Commenting on the event’s objective, he said "yes, we are achieving what the event was set out to do."Tomorrow’s show will be spiced up with performances from guest artistes, including the Ghana Dance Ensemble and singer, Elivava.
The event with the theme: "Redefining Beauty to Promote National Unity", is the brainchild of TV3 Network and is sponsored by Onetouch Ghana Limited.
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