Why "Goodies" Swallowed Coke

By Stephen K. Effah
Saturday, September 27,2008

A prosecution witness has said that music producer, Isaac Abaidu Aidoo, popularly known as Goodies, was “hard pressed for cash as a music producer” hence his swallowing of cocaine to be delivered to someone in the United Kingdom for a fee.

Anthony Smith, the Narcotic Control Board officer who arrested Aidoo at the Kotoka International Airport on April 23, said this on Thursday when he testified as the first prosecution witness in the case.

This was after the prosecution had opened its case, five months after the arrest of Aidoo who is facing two counts of attempted exportation and possession of narcotic drugs without lawful authority at an Accra Circuit Court.

Aidoo, who is the Chief Executive of Goodies Music Production, has pleaded not guilty to the charges.

Led in evidence by Valerie Amartey, Chief State Attorney, Mr. Smith said Aidoo confided in him during interrogation that one Abdul gave him the substances to be delivered to one Willie in London for a fee of 3,000 pounds sterling.

Narrating the circumstances that led to the arrest of Aidoo, Mr. Smith said about 10:30pm the accused arrived at the airport as the last but two people to board a Ghana International Airline flight to London.

According to him, Aidoo was suspected by the narcotic officials of carrying foreign materials in his stomach but could not convince the officials with his answers so he was asked to produce his urine for a narcotic test. But he failed to do so. That was when he, Mr. Smith as the commander of the officers on duty, was called in to intervene.

He said he explained to Aidoo why he should go through the test and he obliged but could still not produce the urine for the test after drinking some water. “He then suggested that if there is another way of testing him we should do that.

“He told me he had a meeting the next day in London and he did not want to miss the flight,” he added.

In view of this, Mr. Smith said he asked two of his officers, Abew and Dadzie, to take Aidoo to the 37 Military Hospital for an X-ray test, but the first result could not be interpreted.

Mr Smith said a second test was done and while the results were being awaited, he communicated with Dadzie on phone to rush Aidoo to the airport “since I didn’t want him to miss the flight which had only two hours to departure”.

According to him, when Aidoo was brought, he took his passport and rushed him to the boarding gate at which point he called Abew on phone to find out about the results of the test.

He told the court that Abew told him the results showed that Aidoo had foreign substances in his stomach. “So I politely told him I cannot allow him to travel because he had swallowed some substances. He then told me he swallowed cocaine”.

Mr. Smith said that he asked his officers to handcuff Aidoo “but he pleaded not to be handcuffed in view of his reputation”. He said he took Aidoo to the NACOB office where Aidoo told him that the substances were given to him by one Abdul resident at Adjiringanor, near East Legon.

Mr. Smith said when he asked Aidoo why he swallowed the cocaine, “he said that he was hard pressed for cash as a music producer”.

He said at about 2:30am, Aidoo was sent to Adjiringanor to show them where the said Abdul was residing but “we didn’t see him that night.” Consequently, Aidoo was handed over to the NACOB police investigators and he wrote his statement.

Asked by counsel for the accused, Mr. Oliver Atsu, whether he was satisfied with the X-ray results, Mr. Smith replied in the affirmative.

To another question by Mr. Atsu on how long he had been working at the airport, Mr. Smith said since March, this year.

The court then adjourned the case to September29.

The prosecution’s case is that Aidoo expelled 80 pellets of whitish substances suspected to be cocaine after his arrest at the airport.

The substances proved positive of cocaine upon testing by the Ghana Standards Board.
Aidoo, who is the Chief Executive of Goodies Music Production, was first put before the Greater Accra Regional Tribunal in April this year, but the case was subsequently transferred to the Circuit Court in August, upon the orders of the Chief Justice.

On September 12, he requested his first counsel, Jah Josiah, to withdraw his legal representation in the case, after which he prayed the court for a short date to enable him to secure a new counsel to defend him.

2 Cops Charged With Robbery

By Stephen K. Effah
Tuesday, 30 September 2008

Two police officers were yesterday put before an Accra Circuit Court for allegedly robbing a student of GH¢25,000.

Lance Corporals Emmanuel Mawuli Awadzie and Solomon Awudu of the Adenta and Madina stations, respectively, pleaded not guilty to two counts of conspiracy to rob and robbery and were remanded in prison custody until October 10.

The prosecution’s case is that Awadzie who was on AU Peace-keeping mission in Liberia before the incident, returned to Accra on a visit and met Awudu on September 4, at a drinking spot at Madina.

According to ASP Reindorf Agyemang, the prosecutor, a police informant hinted the two officers that Sylvester Osei Gyamfi, the student had allegedly succeeded in defrauding an expatriate of 75,000 dollars through the internet.

He said the informant was able to locate the residence of Gyamfi, after an attempt by the officers to arrest him days later failed.

At about midnight of September 10, the officers and the informant went to Gyamfi’s house to arrest him without making any entries in their respective station diaries, he continued.

ASP Agyemang said Awudu who was in uniform and armed with a rifle was supposed to be on duty at Deas and D Ventures at Ashaley Botwe that night but went to Agbogba Police Post and requested the officer on duty, Wisdom Hormeku, to help them arrest Gyamfi.

Hormeku, not suspecting any hidden agenda of the two officers and the informant, made entries in the Agbogba Station diary and took a riffle to accompany them to Gyamfi’s house.

After pointing out Gyamfi’s room, the informant went to hide somewhere while the policemen forced the door open after Gyamfi refused to open it, he said.

"Immediately the door opened and Awudu saw Gyamfi dialling a number on his cell phone, he allegedly gave him some slaps and snatched the phone and all other phones of Gyamfi plus that of his fiancée."

ASP Agyemang told the court that the officers handcuffed Gyamfi and asked him "to bring out all his money" and when he failed, Awadzie ransacked the room but did not get any money.

They then packed Gyamfi’s computer and accessories into his own car, after which they told Hormeku to return to post while they took Gyamfi away in the car leaving his fiancée.

The prosecution said after Gyamfi had failed to show where he kept his money, the officers threatened him with death and for fear of his life, Gyamfi told them the money was in the room of the fiancée’s sister, Sadia.

According to the prosecution, they then went for Sadia and she was "told to quietly go for the money which was said to be 25,000 Ghana Cedis but she could not since the key to the bag in which the money was kept had been left in Gyamfi’s room".

They later found the key and Awadzie took the money after which the handcuff on Gyamfi’s hand was removed. They, however, handcuffed the fiancée’s sister and locked her in her room.

Thereafter, the prosecution said, the two officers fled in Awudu’s car and Gyamfi made a complaint to the Madina police, giving the description of the officers.

Awudu was arrested at post and he is said to have admitted having committed the offence with Awadzie who on hearing of Awudu’s arrest, left the country back to Liberia on September 19 to avoid arrest but was brought back.

He also admitted the offence but denied taking GH¢25,000, saying that he collected only GH¢9,000, out of which he took GH¢5,000 and gave GH¢3,000 to the informant, while the rest was given to Awudu for safe-keeping.

Let's Go Salsa Dancing

By Stephen Kwabena Effah
Saturday, 13 September 2008

Picture this. With his right hand, he holds her left hand tightly, and then her waist firmly with his left hand. He draws her closer, and takes some back and forth steps and there they go!

Wow! Isn’t it simply mesmerizing and lovely. Well, that’s Salsa dancing for you. If you are a fan and wishing to learn how to do the Salsa boogying, just put on your dancing shoes as Close-Up tooth paste is giving you the opportunity.

In fact, the dance is not only romantic, but magical, funny and a therapeutic experience, especially for those who hardly jog or have time off their schedule to exercise their body.

Salsa, a Latin American dance, has been in the country for the past decade and has gained much popularity among the youth.

This is evident by the number of Salsa clubs on the various school campuses, social and keep fit clubs across the Accra metropolis.

To give opportunity to the larger public to learn how to do the Salsa dance, Close-Up, one of Unilever Ghana Limited brands, last Friday unveiled what it termed as "Close-Up Salsa Fiesta" in Accra.

In the next five weeks, starting last Monday, those who buy four tubes of Close-Up tooth paste from some designated spots in Accra and Tema will be issued with a coupon to learn the dance free of charge at registered Salsa Clubs in the city.

Judging from the performance at last Friday’s launch, it is clear that those who want to learn the Salsa moves would be treated to some great twirls, steps and some of the intricacies of the great dance, which has become a craze in the country.

"Through Close-Up, you can learn more than just perfecting your Salsa steps, you’ll develop the awareness of socialising, keeping fit, teamwork and ultimately, personal hygiene especially when you are close up," said Nana Yaa Kissi, Close-Up Brands Manager.

On October 11, fans will converge on a big platform at the Trade Fair site in Accra to show off their mastery of the Salsa movements in the past weeks in a keenly competitive style.

Breaking Through Marriage Life Out Soon

By Stephen Effah
Saturday, 13 September 2008

A book, "Breaking Through Marriage Life," on the fundamental and strategic techniques in handling marriages, especially in contemporary context, is to be launched soon.

The 193-page book is specially directed at both the married and the yet-to-marry, and exhaustively touches on when, why, who, where and how to marry in today’s world.

The writer, Evangelist Edward Adofo-Somuah, an Executive Member of the Ghana Gospel Preachers Association, discusses what he described as the six essential stages or phases of marriage.

These are conception, gestation, birth, life, death and after life.

He elaborates extensively on the various stages with respect to the socio-cultural background of man and woman. It also discussed divorce, how to identify its symptoms and how to prevent it.

Speaking with the TW on the rationale behind the book, Evan. Adofo-Somuah noted that "marriages are breaking down in almost every home presently due to matrimonial illiteracy".

He said many couples have been crying in their matrimonial homes, perhaps they either married at the wrong time or choose the wrong partner, hence the writing of the book to help save marriage breakdowns that have plagued our society."Some people are even committing suicide and many wished they had not married at all," he added.

Touching on what motivated him to write the book, Evangelist Adofo-Samuah, an ex-serviceman, said during the 1979 uprising, while on Anchor Guard duties he sustained multiple injuries.

"I was hospitalised and went into coma for 13 days. While in this state, the spirit of the Lord took me to many places and finally to a T-junction. To the right of the junction, was Heaven and to the left hell."

"For about the two hours that I stood at the junction, I was only two people were seen towards Heaven while a huge number that could be described as ‘a swarm of bees’s among them were men of God, Kings, Soldiers and others identified by their dresses"

"These people are for hell because of their marriages and everything the Lord said to me about marriage was recorded. Miraculously all that l recorded in writing which was found under my pillow after I had regained consciousness," he said"

Also known as ‘Old Soldier’, the first class former Ghana Navy navigator said what the Lord told him which was found under his pillow formed the content of the book.

Evangelist Adofo-Somuah said he wondered why God could use him at the time since "I was then in the world engaged in all kind of lifestyle".

He said that he has initiated the "Otumfuor Special Initiative on Distance Learning" yet to be rolled out to educate people on marriage.

He has also started distributing copies of the book to some prominent people in the country as well as radio and television stations for use in educating people on marriage issues.

3 Nigerians Charged Over Ecobank Robbery

By Stephen Kwabena Effah
Tuesday, 09 September 2008

THREE Nigerians yesterday made a second appearance before an Accra Circuit Court in connection with the June 23 Madina Ecobank robbery, and the killing of a police guard.

Daniel Pedro, aka Oghenervena, Festus Suleman and Israel Otubu, who are facing two counts of conspiracy and robbery, first appeared before the court on August 26.

Their plea was not taken and they have been remanded in police custody to appear again on September 26.

When the case was called yesterday, police prosecutor Reindorf Agyemang informed the court that the Attorney General’s Department had taken over the prosecution of the case and the new investigator needed more time to study the docket of the case.

ASP Agyeman therefore requested a two-week adjournment but this was opposed by defence counsel Dela Blagodzi who said the move by the prosecution was a calculated attempt to delay the case.

Expressing unhappiness about the turn of events, he said his clients were innocent students who had been arrested by the police. "The real robbers are enjoying somewhere; I am so much passionate about human rights" he said.

Mr Blagodzi said that if indeed his clients were behind the robbery, they would have left the country before their arrest since the amount involved could have taken them out of the country.

The judge Idrissu Mahamadu said he was also much concerned about human rights, but explained that for proper investigation to be carried out, it was prudent that the police was given ample time.

According to the prosecution, at about 9.00 a.m., on June 23, an Ecobank bullion van which was scheduled to convey GH¢60,040 to the Madina-Zongo Junction branch of the bank under escort by Sgt William Kweku Quansah was attacked by five armed men who had positioned themselves at different locations within the bank premises.

The armed men wrestled with the police guard on duty, Constable David Agbosu and took away his AK 47 assault rifle with 10 rounds of ammunition.

During a scuffle between Sgt. Quansah and one of the robbers, a member of the gang who was in a waiting car shot the sergeant from behind and he died later in hospital.

The robbers made away with the money amidst sporadic gunfire during which two passengers in a commercial vehicle were hit.

Judge Blasts Prosecutors

By Stephen Kwabena Effah
Friday, 05 September 2008

A Circuit Court judge hearing narcotics and armed robbery cases at the Cocoa Affairs Court in Accra, yesterday lashed out at the prosecution team for their lackadaisical attitude towards some of the cases being tried at the court.

The judge, Iddrisu Mahamadu, has consistently complained about the prosecution’s lateness, failure to bring suspects to or show up in court, poor investigation and laxity in pursuing cases assigned them, among others.

At the court’s sitting yesterday, the judge did not mince words in criticising a police investigator for showing up in court about an hour after a case he is handling had been called and adjourned.

“Are you not sensitive to all the criticisms flying around?” he asked the investigator, Edward Asante, and described the attitudes of some members of the prosecution as a shame.

What angered him most was when he detected that even the plea of the accused person in the case being handled by the investigator had not been taken five months after his arrest.

Mr. Mahamadu was further infuriated by the fact that the prosecution had not been able to produce to the court a report on the substances suspected to be cocaine expelled by the accused, Michael Ntiamoah, upon which he was arrested in April.

“It is barely five months and it is nobody’s business. What kind of country is this? It’s a shame and I’m very, very disappointed. If we keep this attitude, then let’s forget it,” he said.

He wondered why the investigator has not expedited action to the extent that no plea of the accused was taken five months after his arrest.

“His plea has not been taken…nothing has been done! And for months, everybody is busy pretending to be what?” he questioned, noting that some of them are so busy that they cannot handle the cases assigned them.

“Do we always have to wait for the laboratory report of the substances before the cases could be heard”, “he asked, noting “the accused’s freedom is taken away”.


Mr Mahamadu said the prevailing situation does not augur well for administration of justice and stressed that its continuity would compel him to compile a list of those prosecution members for the appropriate authorities for action to be taken against them.

MTV Base to Shoot 'King of The Streets'

By Stephen Kwabena Effah
Saturday, 06 September 2008

“King of the Streets”, as he is popularly referred to, Kwaw Kesse is steadily hitting the height of his musical career. At the recent ninth Ghana Music Awards, he swept away five awards.

Just few months after his crowning as the event as the king of Ghana music, he was given yet another award, Best Hip-life Artiste, in the competitive category of the Arts Critics and Reviewers Association of Ghana awards.

Again, the Abodam singer was signed up by Exopa Model Agency in June this year as a model, prior to the first ever Fashion week.

Kwaw Kesse has now been nominated by the international music television channel, MTV Base and Shell International, to have his video shot by internationally acclaimed music video directors free of charge.

His nomination as the second artiste in Ghana to have his music video shot free-of-charge by international directors and producers after Aletse Tinny, is another feat expected to shoot him up, especially in the international music arena.

Dubbed: “MTV Making the Video with Shell,” the video of Kwaw Kesse to be shot by the MTV Base crew in partnership with a Ghanaian music director, will feature Professsor J, a celebrated international artiste.

Consequently, MTV has launched a project tagged MTV Making the Video Challenge with Shell, to scout a creative, aspiring or experienced Ghanaian music video director to part its crew to shoot the music video.

The MTV crew are expected in the country on September 15 to begin the shooting of a video clip for one of Kwaw Kesse’s songs yet to be announced at a press conference on September 17.

So, if you are a Ghanaian aged between 18 and 25, with or without previous music video experience but with a passionate enthusiasm for the art and craft of music video-making just log on to www.mtvbase.com/makingthevideo to register.

The MTV-Shell partnership project is designed to uplift the image of the African music industry and also improve the quality of African music videos.

Last year, the MTV crew followed the Ghanaian hiplife sensation, Tinny, in December as he strove to complete the brand new music video for ‘Incomplete’ track, together with director Rachel Watanabe-Batton and a crew of Ghanaian video directors.

'Agony of the Christ' Premiered

By Stephen Kwabena Effah
Saturday,06 September 2008

Venus Film Production, one of the forces behind movie production in the country, last Friday premièred their latest and finest movie, yet to hit the market later this month, at the National Theatre in Accra.

The thriller, “Agony of the Christ,” is set in a small village called Ejukrom where human beings are at the mercy of fellow men as some are unluckily slaughtered like chickens and goats as sacrifices to appease their god.

Until the emergence of Christianity in the village, innocent people, especially virgins, were upon the orders of Azaazi, the priestess of the kingdom, killed at a spiritual durbar of the chief, elders and people of the land.

Although, many of the residents considered the consistent killing of their fellows inhumane, they were helpless. But the story began one day, when two virgins of Agya Asamoah, were surrounded by the chief’s executioners who wanted to take them for to sacrifice t to heir god.

Not comfortable with the situation, the son of Agya Asamoah, stood in defence of his sisters resulting in the death of one of the executioners. He was then given a wild chase by the executioners until he found himself in the evil forest.

After wallowing in the evil wood, Jama landed in another village with “strange” tradition altogether. But that was the turning point in his life as he was shown the light to the world, the word of God.

Being someone who stood against the gruesome killing of his people in the name of tradition, Jama embarked on a journey back to Ejukrom in the company of two men of God to liberate his people who have for years been living in the dark without.

At this stage, one would not be wrong to call the action this epic movie presents as fireworks or showcase of powers between God and the gods. The storyline is likened to story of the struggle that Jesus Christ went through to save the earth.

Talk about the betrayal, beatings and crucifixion, Jama who is the hero in the movie, went through them in his struggle to let his people know God who cares and loves but does not need blood as sacrifices.

Written and produced by Abdul Salam Mumuni, the movie portrays the sufferings of true believers of Jesus Christ the son of God in the latter days while showcasing the artistic beauty of African Culture.

Starring Nadia Buari (Azaazi), Majid Michel (Jama), Kofi Adjorlolo (Agya Asamoah), Naana Hayford (wife of Agya Asamoah) and a host of others, the movie was directed by Frank Arase.

MALAIKA '08 Takes Off.....Ex Queen Warns: Beware of Sexual Favours

By Stephen Kwabena Effah
Saturday, 06 September 2008

Sixteen young Indies dressed in tight pairs jean trousers with nicely designed African fabric tops to match, last Saturday began a 13-week walk into celebrity at the Crown Apartmento Hotel in Accra.

Beaming with smiles but certainly not without some seemingly trembling in their appearance and voice, the 16 were introduced to the public finalists for this year’s coveted Miss Malaika Ghana crown.

They were shortlisted from among hundreds across the country at the preliminary stage with physique intellect and boldness as the criteria.

The finalists, endowed with height, shape, intelligence, poise, elegance and style among others, will be camped in a Malaika House, East Legon, Accra, for 13 weeks and engaged in a number of tasks and activities.

While in the house, they will be filmed live for a Miss Maliaka Reality TV show, to provide the public the opportunity to identify them so as to be part of the crowing of Miss Malaika 2008 Queen brough voting for their favourite via SMS.

Six out of the16, who in the estimation of the public are unable to impress while in the house, will be evicted on weekly basis.

The Miss Malaika Ghana Beauty Pageant has been organised by the Charter House Ghana to bring out the best in young women.

The 16 girls who will be endearing themselves to TV viewers for weeks in the fight for the Malaika crown include Nadra Osman, Racheal Obeng-Somuah, Sandra Odamtten, Sermira Adams, Tamara Aku Dzormeku, Naa Yemoley Tetteh, Yvonne Eyram Kofigah and Ama Sitsofe Sedegah.

The rest are Akosua Agyemang-Abrokwah, Faustina Michelle Ayonka, Christabel Ekeh, Christine Ofori, Daisy Edem Attu, Erika Thompson, Ivy Wereh and Mamata Adams.

Speaking at the launch, the reigning Malaika Queen, Laurie Lawson, urged the aspiring queens to guard themselves against what she described as “sex favours” among other challenges that may come their way.

She advised them not to allow inferiority complex to worry them when they see that other colleagues are doing better than they are offering but rather put in their best at all times, be themselves and have fun as well.

Kofi Osei Ameyaw, Deputy Minister of Tourism and Diasporan Relations, said
beauty pageant “is not irrelevant” as many people have portrayed it to be.

He said it opens up opportunities for those who participate in them and expose them to many things and should therefore be encouraged

"Goodies" Re-surfaces after Judge's Warning

By Stephen Kwabena Effah
Saturday, September 6, 2008

Music producer, Isaac Abeiku Aidoo, popular known as Goodies, being tried by an Accra Circuit Court for alleged narcotic offences, resurfaced in court on Friday after the trial judge expressed concern about the prosecution’s failure to produce him in court on two consecutive times.

However, trial of the case could not go on because the Chief State Attorney, Valerie Amartey, who has taken over the prosecution from the police also failed to show up in court yesterday.

When the case was called at about 10:30am, a police prosecutor, ASP Kofi Blagodzi, informed the court, presided over by Mr Iddrisu Mahamudu, that the Chief State Attorney had been taken ill, and prayed the court for a short adjourned date.

The court then adjourned roceedings to September 12.

Aidoo, Chief Executive of Goodies Music Production is facing two counts of attempted exportation and possessing narcotic drugs, without lawful authority.

He has pleaded not guilty to the charges.

He was first put before the Greater Accra Regional Tribunal last April, but the case was transferred to the Circuit Court last month on the orders of the Chief Justice.

On August 25, Mr Mahamudu expressed doubts as to whether Aidoo was indeed in prison custody at the Nsawam Medium Prisons, because he had failed to appear before him on two occasions on the grounds of ill-health.

He said that the prosecution failed on those occasions to produce any evidence to prove that Aidoo had been ill and warned that he would visit the Nsawam Prisons one day to personally verify if Aidoo was there.

Aidoo was arrested on suspicion of possessing narcotic drugs at the Kotoka International Airport on April 23 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 examination which revealed that he had foreign materials in his stomach.

Aidoo was put under surveillance during which he allegedly expelled 80 pellets of whitish substances suspected to be cocaine. The substances proved positive of cocaine upon testing by the Ghana Standards Board.

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.

Haid has not been located by the police.

Alhaji Hearts, 2 Others Bailed.

By Stephen K. Effah
Friday, 22 August 2008

Three persons, including an executive member of the Accra Hearts of Oak Football Club, were yesterday put before an Accra Circuit Court charged with money laundering.

The three, who pleaded not guilty to the charges of conspiracy to commit crime, concealment of currency, and aiding and abetment of money laundering were given a 25,000 Ghana cedi bail each with one surety.

The accused, Claribel Ewura Esi Kinful, a Cabin Crew, Alhaji Sulemana Braimah, popularly known as Alhaji Hearts and Alhaji Ahmed Tijan, a taxi driver, are also to report to the Bureau of National Investigations on Mondays at 2:00 pm until the determination of the case.

The facts as presented to the court presided over by Mr.Nathaniel Osam, were that Kinful, who is a cabin crew member of the Ghana International Airline, arrived at the Kotoka International Airport on the night of August 8, from London.

According to the prosecution, ASP George Abavelim, a random search was conducted by the security officials of the airline upon which they found 59,870 pounds concealed in the two travelling bags of Kinful.

He told the court that when Kinful was interrogated, she disclosed that the money was given to her by one George in UK to be given to someone in Accra, and that, the said George told her that someone would call her and take delivery of the money upon her arrival.

She could, however, not provide any information on the said George, ASP Abavelim said, adding that Kinful in her caution statement admitted to having transacted money in similar manner with the said George on several occasions.

The prosecution said that on August 14, while investigations were ongoing, Alhaji Hearts came to the BNI Headquarters with Tijan to claim ownership of the money seized from Kinful.

According to Alhaji Hearts, he sent 50, 000 pounds through one Mushoo to Tijan in the UK one and a half years ago to buy him a house tthere but when Mushoo was interrogated, he claimed it was Alhaji Hearts himself who brought the said money to him.

ASP Abavelim said that “in view of the discrepancies in their assertions, further investigations are being conducted to establish their complicity in the case involving the smuggling of the 59, 870 pounds to Ghana”.

Judge Rebuts Bribery Allegation

By Stephen K. Effah
Friday, 22 August 2008

A middle-aged woman last Friday stunned an Accra Circuit Court when she informed the sitting judge of an alleged bribery made against him by a man from one of the factions in the Osu rioting case which is before the judge.

According to the woman, Victoria Quaye, the man, Feihi Quartey, had on two occasions told her that they have bribed the court to end the case, saying “he told me the case has already finished since they have seen the court”.

Madam Quaye made the revelation to the judge, Iddrisu Mahamadu, just when the court was about to take the plea of five of the 13 accused persons who appeared in court yesterday.

Speaking in Ga, the woman told the court that Feihi first made the allegation when the case was referred to the Attorney General for advice, adding the second time was when the case was first brought before the judge.

The statement by the woman did not only shock the court but the judge who asked Quartey to tell the open court when, where and who he alleged to have bribed to end the case which is before him.

But Feihi denied having told Madam Quaye of bribing the court to end the criminal case, but Madam Quaye maintained that Feihi together with his younger brother did tell her that they have bribed the court.

Reacting, Mr.Mahamadu, described the allegation as “funny talk” and denied having been bribed by anybody to end the case, saying “it cannot happen. Nobody will dare”.
He told the people in the courtroom that nobody has come to “see” either him or his workers in the courtroom or chambers.

He said he has confidence in his workers and that none of them will compromise on their integrity for money, saying “our hands are clean”.

Mr.Mahamadu said that he has been on the bench since 1996 but has never taken bribe from anyone, noting “people have tried but they do not succeed,” which makes them wonder whether he is “crazy”.

He said that he work to please God almighty who sees him all the time, adding “you never can hide anything from him. I am happy that people appreciate that I am here for justice”.

The judge lauded Madam Quaye for her move, saying that it was good that she did not go to an F.M station to make the allegation for him and the court to have been “bastardised”.

He assured her of fair trial to ensure justice and urged her not to let the allegation dampen her spirit, and that the factions in the case should keep their money for their lawyers.

In the substantive case, all the five persons pleaded not guilty to 11 counts of conspiracy to commit crime, rioting with offensive weapons, unlawful entry, assault and causing unlawful damage.

The five, each of whom is on a 150 Ghana Cedi bail, are: Lawrence Quist, Samuel Dowuona, Paul Dowouna, Jacob Adom and Nii Saban Atsen.

The other seven people, who were given a 100 Ghana Cedi police bail are on the run, and the court has ordered the prosecution to bring their sureties to court on the next adjourned date, August 22.

They are Abdul Rauf, Mohammed Awal, Abubakari Yusiff, Evaris Bambara, Antaru Issaka, Mohammed Inusah and Kwame Akuni.

Presenting the facts of the case, the prosecutor, ASP Kofi Blagoge, said Quist and Samuel Dowuona together with some elders from the Dowuona Clan from Osu were invited by the Kpehe Divisional Police Commander following reports that some youth had planned to take over the Osu palace.

According to the prosecutor, that was based on extract received from the National House of Chiefs to the effect that Nii Nortey Owuo III had been de-stooled as the Osu Manste.

ASP Blagoge said that at the meeting, the accused persons were advised to use due process of the law and not to take the law into their hands as their action was likely to breach the peace in the area.

That notwithstanding, Quist and Sameul Dowuona were alleged to have gone to Nima and Maamobi to recruit other people and promised them 8,000 Ghana cedis if they invaded the palace with the intention of occupying it.

In the event of that, the accused persons were said to have attacked some people who were in the palace at the time, including the Besheo Cultural Troupe who were rehearsing at the palace, and destroyed their drums among other things.

The police upon information moved in and arrested them.

Lotto Operators Appeal

By Stephen K. Effah
Friday, 22 August 2008

The Ghana Lotto Operators Association (GLOA) and six other private operating firms yesterday filed a stay of execution of the decision by an Accra Fast Track High Court not to allow them to operate private lottery in the country.

The court, presided over by Justice Edward Amoako Asante on Wednesday, dismissed an action by GLOA challenging the constitutionality of the Lotto Act 722, and awarded a GH¢2,000 cost against each of them.

Not satisfied with the Fast Track Court’s ruling, the plaintiffs filed an application to contest the ruling at the Court of Appeal.

The GLOA and six private lotto operating firms are seeking an order from the Court of Appeal to set aside the High Court’s ruling on August 20, since according to them, the trial judge erred in law by summarily dismissing their action.

In their grounds of appeal, which is expected to be moved on September 3, the plaintiffs are praying the Court of Appeal to restore their action for it to be determined on its merit after a proper hearing.

They averred that the judge, Edward Amoako Asante, failed to consider and appreciate the nature and extent of their case as borne out by the reliefs and pleadings.

At the High Court, the plaintiffs had asked that it declared as "illegal and unreasonable," an NLA directive to private lotto operators to surrender their machines and equipment used for their operation.

"The learned judge in summarily dismissing the plaintiffs’ case has failed in his duty to give the plaintiffs a fair hearing in a case involving serious issues of facts and several pieces of difference," they contended.

The plaintiffs further indicated that they would file additional grounds upon receipt of a copy of the proceedings of the High Court on August 20.

In an affidavit in support of the notice of stay of execution of the court’s order, and deposed to Seth A. Amoani, Secretary of GLOA, it said the circumstances of the application by the NLA to have the plaintiffs’ action dismissed "raises serious questions of law and fact which would be considered by the appellate court"

"The appeal has good grounds and has a great chance of succeeding given the serious errors that culminated in the ruling of the Fast Track Court on August 20, 2008," it added.

It pointed out that a decision of the appellate court reversing the ruling of the Fast Track Court of Wednesday would be rendered nugatory if the enforcement of the said ruling is not injuncted pending the determination of the instant appeal.

It said that the Supreme Court in its ruling of July 23 on the constitutional aspect of the case recognised that the plaintiffs "are not at the mercy of the state in seeking to participate in the state regulatory lottery industry."

"I say that the Supreme Court never said that the plaintiffs cannot participate in the state regulated lottery industry," it added.

Plaintiffs on August 13, 2007 began an action at the High Court applying for an interlocutory injunction against NLA which was granted until the determination of the matter.

However, upon the NLA’s raising the issue of constitutionality, the matter was referred to the Supreme Court, which on July 23, ruled that Act 722 was not in contravention of the constitution as claimed by plaintiffs.

The court pointed out that the plaintiffs failed to convince it on how the Act infringes on their constitutional rights, especially those enshrined in Articles 33(5), 35(1) and 36(2)(b).

Following the Supreme Court’s determination, the parties went back to the High Court where the substantive case was pending, for directions since the Supreme Court in its ruling did not give any orders or award costs.

In view of the Supreme Court’s determination, the NLA filed an application at the Fast Track High Court before a vacation judge praying the court to dismiss plaintiffs’ case since there was nothing left unresolved in the matter by the Supreme Court.

A-G Wants Tsikata's Jail Term Increased

By Stephen K. Effah
Wednesday, 20 August 2008

The Attorney-General has filed a notice of appeal at an Accra Fast Track High Court calling for "enhancement of sentence" for the jailed former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata.

The notice, signed by a Chief State Attorney, Valerie Amate, said the "Republic is dissatisfied with the five-year sentence in hard labour imposed on Tsikata", describing it as "not proportionate having regard to the gravity of the offence".

According to the notice, the A-G is expected to file detailed grounds of appeal when it gets certified true copies of the June 18 proceedings and judgment by Justice Henrietta Abban.

Tsikata was jailed 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.

His conviction came exactly a week before the Supreme Court was to give its ruling on whether the International Finance Corporation has immunity or not to testify in his case.
But on June 25, when the Supreme Court was due to deliver its judgement on the matter,

Tsikata requested the court to "arrest" its judgement and invoke its supervisory jurisdiction to quash his conviction by the High Court.

He has since his sentence accused Justice Abban of bias, and requested a mini trial to enable him prove the allegation of bias against the judge but this has been suspended by the Fast Track High Court.

Further, a bail application filed by Tsikata to enable him appeal against his sentence was struck out on July 30 by Justice Abban for want of prosecution after Tsikata failed to move it on the grounds that he was seeking a mini trial to prove the allegation of bias against her.

Tsikata currently has a notice of appeal before the Court of Appeal, urging it to set aside the High Court’s decision since, he said, it was unreasonable and not supported by the evidence given.

Meanwhile, the Supreme Court has fixed October 16, to give its ruling on whether or not to quash the five-year jail term handed Tsikata.

MV Benjamin Cocaine Convict Dies In Prison

By Stephen K. Effah
Tuesday, 12 August 2008

Philip Bruce Arhin, one of the five persons jailed on July 25, for his involvement in the MV Benjamin cocaine case, is reported to have died at the Nsawam Medium Prisons Clinic on Saturday.

A source close to the police told the Times yesterday that Arhin, had been on admission at the Nsawam Government Hospital, but was discharged last Friday. However, he died the following day.

The source said although the immediate cause of Arhin’s death is not yet known, he is believed to have died from jaundice.

Arhin, was not in court on July 25, because of his poor health condition when his four accomplices were given a total of 125 years jail term in hard labour by an Accra Fast Track High Court which found them guilty of their various charges.

Each of them was jailed 25 years with retrospective effect from the day of their arrest.

Arhin, a mechanic in the MV Benjamin, was convicted together with his brother, Isaac Arhin, also a mechanic, Cui Xian Li, a vessel engineer and Luo Yui Xing, sailor, both Chinese, on the charges of possessing narcotic drugs without authority and engaging in prohibited business.

The other accomplice, Joseph Kojo Dawson, Managing Director of Dashment Company Limited, was also convicted on the charge of using his property for narcotic offence.

In March 2006, the MV Benjamin vessel was impounded by a combined team of the Narcotics Control Board, the Ghana Navy, the Ghana Air Force and the National Security Secretariat at the Tema Harbour.

Their trial which began in November 2006, after investigations, ended in March 2008 with the prosecution calling a total of 13 witnesses.

The accused, however denied any wrongdoing.

President's Accident: Thomas Osei Jailed For 9 Months

By Stephen K. Effah
Wednesday, 06 August 2008

Thomas Osei, the man who drove his Mercedes Benz car into the President’s car last year, was yesterday handed a nine-month jail term and a fine of GHc28,200 after almost nine months of trial.

The 51-year-old road contractor was found guilty on four counts of various driving offences.

However, he was acquitted and discharged on the charges of driving under the influence of alcohol and the use of narcotic drugs without lawful authority.

He had pleaded not guilty to dangerous driving, two counts of negligently causing harm, driving under the influence of alcohol, failing to give way to a siren and use of narcotic drugs without authority.

Osei, who has been in police custody since November 14, 2007, is expected to spend only nine days in prison because the court says his sentence takes retrospective effect.

Sentencing him, the Fast Track High Court, presided over by Justice Emmanuel Ayebi, ordered him to formally apologise to the President and the people of Ghana for his conduct.

It also directed the appropriate authorities to revoke his driving licence — which is in the custody of the Nima Police Station, in Accra — for three years, during which period he is not permitted to drive any motor vehicle.

The court further directed the police to give back Osei’s two passports to him and another service passport to the Ghana Immigration Service.

The Motor Transport and Traffic Unit of the Police was also asked to intensify and sustain education on the appropriate use and importance of sirens in the country.Justice Ayebi said that motorists should know that not only sirens of the presidential convoy must be obeyed but also those permitted under the law, and warned against the use of unauthorised sirens.

In discharging and acquitting Osei on the charge of use of narcotic drugs, the trial judge said the prosecution failed to lead evidence that Osei was a drug user, and disbelieved the evidence that he confided in a police officer that he used cocaine.

On the charge of driving under the influence of alcohol, the court said the prosecution’s claim that Osei had an alcohol level of 0.41 per cent upon testing was "inaccurate and inefficient" as due process was not followed in testing his alcohol level.

The court explained that it was wrong on the part of the police officer to have conducted the test.

A breath test should be done at the hospital and should be done or authorised by the medical doctor under whose care the patient, is.

The court said the police officer who conducted the test with an alcohol sensor did not take into account time element which was crucial in the test, adding that it is "reasonably probable" that the test was not carried out within two hours on the onset of the accident as claimed by the prosecution.

It said the test result of 0.41 per cent "is not reasonably probable", indicating that even if it were to be 0.03 he would have been in a state of unconsciousness.

On the driving offences, Justice Ayebi said that since Osei was in a hurry to drop off a family friend who was in his car at the time of the accident, it could be inferred that he oversped and ignored traffic regulations.

The court pointed out that if Osei was indeed driving at 50 kilometres per hour at the time of the accident, he would have been able to stop within 12 metres and would not have crashed into the President’s car in view of the perfect condition of his car and the clear weather.

He said it was because Osei was speeding that on impact, the President’s car summersaulted twice before falling on its left side.

Justice Ayebi rejected Osei’s evidence that he heard a faint siren before crashing into the President’s car, saying "the accused disabled himself from not hearing the siren by rolling up his window glasses."

He said the prosecution was able to prove that Osei failed to take a proper look-out at the intersection, thus driving into the President’s car, adding "he didn’t only fail to take proper look-out but was speeding."

On the charges of negligently causing harm, the court held that the harm occurred as a result of the dangerous driving which caused the accident.

Before the judge pronounced sentence, Counsel for Osei, Kwame Boafo Akuffo, pleaded with the court to mitigate the sentence since his client has shown remorse and apologised to the President.

He said Osei has been helpful to society in various ways and should be given the opportunity to continue, adding, "he is even a sub-contractor on the Yamoransah –Cape Coast road which is under construction."

But the Principal State Attorney, Edward Duodu Agyemang, urged the court to give the maximum sentences under the various laws, to serve as a deterrent to other motorists, noting there is a lot of indiscipline on the roads which results in accidents

"Ghanaian drivers are making history. This is a classic case for which the maximum sentence should be given to him."

Osei rammed his car into the President’s car on November 14,2007 at the intersection near the Opeibea House in the Accra Airport area, forcing the President’s car to overturn.

The President escaped unhurt but his driver and another man sustained minor injuries for which they were treated at the 37 Military Hospital.

Osei was first arraigned at the Motor Court in Accra on November 16 for dangerous driving, negligently causing harm, driving under the influence of alcohol and failing to give way to the presidential convoy.

His plea was not taken and he was remanded in police custody. He was discharged by the court on December 20, after the prosecution filed a nolle prosequi (unwilling to prosecute) but he was re-arrested immediately he stepped out of the court and put before the Fast Track High Court

Court Upholds Lotto Act

By Stephen K. Effah
Friday, 25 July 2008

The Supreme Court on Wednesday unanimously declared that the National Lotto Act 722, in no way violates the 1992 Constitution, especially the fundamental human rights provisions and the directive principles of state policy.

The Ghana Lotto Operators Association (GLOA) in June filed a writ at the court challenging the constitutionality of Act 722, 2006, which was assented to on December 27, 2006 to establish the National Lottery Authority.

It claimed that Act 722, which outlawed the operations of lotto business by private operators, infringes the constitutionally guaranteed right of the private operator to free economic activity.

But the five-member panel, presided over by Justice Stephen A. Brobbey, which interpreted the Act disagreed, noting that (Act 722) does not contravene Articles 36 (5), 35 (1) and 36(2) of the constitution and that the GLOA in its statement of claim failed to demonstrate how it contravenes the constitution.

The court held that the lotto business is regulated in all jurisdictions, and that under Act 722, a person or a business can collaborate with the National Lottery Authority to conduct lotto.

Consequently, the Accra Fast Track High Court before which the substantive case is pending, is to fix a date to hear it.

The GLOA on August 13, last year, filed a suit at the court praying it to stop the NLA from monopolising lotto business in the country.

The GLOA is seeking "a declaration that the directive from the National Lottery Authority to private lotto operators to surrender machines or equipment used for the operation of lottery to the Director-General by August 14, 2007 is unconstitutional, illegal and unreasonable."

Further, it wants a declaration that Act 722 outlawed the operations of the lotto business by private lotto operators, infringes the constitutionally guaranteed rights of the private lotto operators to free economic activity.

It also requests for a pronouncement that "the creation of the National Lottery Authority to take over and monopolise the operation of the lotto business in Ghana infringes the constitutional injunction to the government to ensure a pronounced role of the private sector in the economy", as well as cost.

But due to the constitutional aspect of the case, the court presided over by Justice Anthony Abban on March 14, granted an interlocutory injunction filed by GLOA to restrain the NLA from interfering with the property rights of lotto operating businesses of those concerned, pending the determination of the constitutional matters by the Supreme Court.

Ruling On IFC Suspended

By Stephen K.Effah
Friday, 25 July 2008

The Supreme Court has suspended for the second time, its ruling on whether the International Finance Corporation (IFC) has immunity from the country’s courts or not, brought before it by the incarcerated former Ghana National Petroleum Corporation Chief Executive, Tsatsu Tsikata.

This is to await the outcome of relief’s being sought by Mr Tsikata at the Supreme Court to quash his five year jail sentence by an Accra Fast Track High Court presided over by Justice Henrietta Abban.

The court on June 25, suspended its ruling on the matter following Mr Tsikata’s decision to "arrest" the judgement by the High Court and asked the Supreme Court to invoke its supervisory jurisdiction to quash his conviction.

Wednesday’s hearing was to find out whether the purpose of which Mr Tsikata arrested the judgement has been achieved or not after the expiry of the period of the action.

But Mr Tsikata said the conditions that necessitated the arrest of the judgement have not yet been achieved and expressed surprise at the turn of events because he was served with the notice of hearing only about 30 minutes before it was called.

He said he had come for another case at the Fast Track High Court presided over by Justice Abban, where he was seeking bail pending his appeal.

The Attorney General, Joe Ghartey, also told the five-member panel that he had no idea that the case was scheduled for hearing that morning and that he was at the Supreme Court for a different case.

The panel too said it was notified just that morning.
Nevertheless, when Justice Atuguba asked Mr Tsikata whether the intention for which the judgement on the case was arrested still persisted, he told the panel that those conditions have even not been heard.

He said that his application urging the court to quash his jail term has not yet been heard.
That case was to have been heard on July 16, but Mr Tsikata objected to the empanelling of Justice Stephen Alan Brobbey because Justice Brobbey was once a member of a committee of inquiry set up by the Chief Justice to investigate the conduct of Justice Abban.

He said Justice Brobbey thereby had an informed opinion of her, which could influence his case before the Supreme Court.

Mr Tsikata was on June 18, sentenced to five years’ imprisonment by an Accra Fast Track High Court 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 a 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, but that request was refused by Justice Abban who presided over 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.

Court Complex To Be Built

By Stephen K. Effah
Thursday, 24 July 2008

The Judicial Service of Ghana (JSG) is expected to begin construction of a modern five-storey 34-room court complex in March next year, in Accra at Victoriaborg, on a parcel of land adjoining the Cocoa Affairs Court.

The modern court complex will house two Courts of Appeal, High Courts, Circuit and two Magistrates Courts, a banking hall, press centre, clinic, offices for key players in administration of justice and waiting areas among others.

A memorandum of understanding to that effect, between JSG and the Social Security and National Insurance Trust (SSNIT) to release the Victoriaborg land to the former in exchange for the site housing the Cocoa Affairs Court, was signed on Monday.
SSNIT on the other hand, is expected to develop the Cocoa Affairs Courts site into a commercial facility.

The Chief Justice, Mrs. Georgina Wood, who signed on behalf of the JSG, said that SSNIT has indicated its intention to fund the construction of the modern court complex.

She said that although the importance of courts in the country cannot be overstated, the current state of the courts has seriously hampered the effective and efficient administration of justice.

Quoting US National Centre for State Courts 1991, she said that court facilities should not only be efficient and comfortable, but should also reflect the independence, dignity and importance in judicial system.

"It is difficult for our citizens to have respect for the courts and law, and for those who work in the court, if the community houses the court in facilities that detract from its stature," she added.

She therefore noted that the completion of the courts complex will therefore go a long way to provide lawyers and court users with a congenial atmosphere to do their work effectively.

Mrs. Wood said that SSNIT has agreed to the JSG’s use of the Cocoa Affairs Courts until the completion of the modern court complex at the Victoriaborg before it develops the area into a commercial facility.

She lauded her predecessors for initiating the deal, and commended the Lands Commission and SSNIT for their various roles in making the asset swap possible.

Mr.Kwasi Boaten, SSNIT general manager in charge of Finance, expressed optimism that the deal will improve the justice delivery system in the country, saying "we believe that rule of law is best ensured where the law recognises the economic and social needs of the people."

He indicated that the provision of adequate facilities for the conduct of judicial business would lead to avoidance of delays in our courts, create convenience for litigants and witnesses.

He said it would also create room for the appointment of adequate number of judges and judicial officers.

Mr Boaten noted that SSNIT has benefited tremendously from the weekend courts introduced this year, adding that between April and June it was able to recover 1,544,340 Ghana cedis.

He therefore urged the JSG to extend the weekend court to Kumasi, Takoradi and Tema.

Judge Steps Down In Abodakpi Case

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)