Saturday, May 1, 2010
By Stephen Kwabena Effah
The Accra Circuit Court yesterday granted the Member of Parliament for Sene, Felix Twumasi-Appiah, a GH¢100,000 self-cognisance bail in case in which he is charged with fraud and stealing in an alleged gold deal.
His accomplice, Juan Carlos, who is a Spanish, was also granted a GH¢150 bail with three sureties in view of the fact that he is not a Ghanaian citizen.
The court presided over by Mr.D.E.K. Daketse, had earlier given the two persons a GH¢100,000 bail each with two justified sureties in the case of Carlos but rescinded the decision following the plea of their counsel, Joshua Nimako to the effect that Mr.Twumasi-Appiah is an MP and also the fact that the sureties for Carlos was a bit harsh.
The two are facing three provisional counts of conspiracy to commit crime, defrauding by false pretences and stealing but their plea have not been taken.
When the court resumed sitting yesterday after Thursday’s abrupt end following a near fire outbreak at the court premise, Mr.Nimako told the court that by the next adjourned date of May 18, “the matter would have been put to rest”
According to him, there has been new development in the case noting that have begun paying the 30,000 dollars involved in the case, saying “the money is almost paid”
He therefore prayed the court to grant his clients bail, noting that Mr.Twumasi-Appiah is an MP and the fact that they were willing to abide by whatever conditions the court may deem fit.
But ASP. Dery urged the court to take into account the fact that Carlos is not a Ghanaian, and for that matter he (Carlos) should be asked to provide sufficient sureties.
It is the prosecution’s case that the complainant, Juan Francisco Lozano, is a Spanish businessman who was on a visit to Ghana to transact business while Juan Carlos, is also a businessman and Mr.Twumasi-Appiah an MP
He said in March 2010, a certain Nana Kwame Donkor, another businessman, had a transaction with Mr. Lozano for his company to supply the latter with gold worth 160,000 dollars in three tranches.
However after two supplies, Nana Donkor was unable to supply the third tranche of gold and therefore promised to refund the remaining money to the complainant.
ASP Dery said Nana Donkor contacted the MP to help in the transfer of the money back to the complainant in installments, since it was not possible to transfer the amount in cash through the banks, hence two blank cheques were signed and left for the suspects to facilitate the transfer.
The prosecution said the money was to get to Spain through two persons who were called Ibrahim and Ishmael, and when the complainant sent the money through the account of the two persons in Spain, they bolted with it.
In addition, Nana Donkor paid 30,000 dollars as part payment to the police for the money to be given to the complainant.
According to the prosecution, the MP got Carlos to go to the office of the Unit Commander of Commercial Unit, ASP Yaa Tiwaa Danso, where Carlos claimed that Mr. Lozano was sick and could not come to Ghana, hence instructed him to collect the money on his behalf.
ASP Dery noted that it was after contacting Nana Donkor for the remaining money that the complainant was told that it had been given to the police to be given to him.
As a result, he said, the complainant contacted the police and he was told the money had been sent to him through his friend Carlos.
Tuesday, May 04, 2010
"My Lord, I am guilty"
Saturday, May 1, 2010
By Stephen Kwabena Effah
BARELY 72 hours after his arrest for attempted drug trafficking, the 56-year old music producer and self-confessed visa contractor, Sam Safo Kantanka, yesterday pleaded guilty when he made his maiden appearance at the Accra Fast Track High Court.
Although no official charge was read to him, he said: “My lord, there is no need for remand. I am guilty,” he told the court with confidence just when the presiding judge, Justice Charles Quist, ordered that he should be remanded in custody to appear again on May 27.
However, Justice Quist asked the man who is also known as Manga, to have patience in view of the fact that the substances he expelled had been forwarded to the Ghana Standards Board for analytical examination.
Saying that the proper thing should be done, Justice Quist asked the prosecutor, Chief State Attorney Asiamah Sampong to ensure that the Ghana Standards Board expedited action on the examination of the 96 thumb-sized substances suspected to be cocaine.
On Thursday, Kantanka told Narcotic officers that “I know I have committed an offence and I wish to be processed for court as early as possible”
When the case was called yesterday, Mr.Sampong asked the court to remand Kantanka in view of the fact that the substances have been forwarded for examination by the Ghana Standards Board.
Kantanka, who is resident at Sowutuom, a surburb of Accra, was arrested on April 27, at about 8:00pm while going through departure formalities to board a British Airways flight number BA 78 to London, on suspicion that he had ingested narcotic drugs.
A sample of his urine was tested and it proved positive for cocaine.
During interrogation by Narcotic Control Board officials, he was said to have admitted swallowing narcotic drugs claiming that it was given to him by one Stone of Ashongman Estate in Accra to be delivered to one Obroni in London for a fee of 4000 pound-sterling.
Kantanka was put under observation and between April 28 and April 29, he was said to have expelled 96 thumb-size pellets of substances suspected to be cocaine.
The substance has since been sent for examination.
Wednesday, April 28, 2010
Ya-Na's Murder Case: Abudus Stage Demo at Court
Wednesday, April 28, 2010
Sympathizers and supporters of the nine persons being prosecuted for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, yesterday besieged the premises of the Fast Track High Court in Accra to protest against their trial.
Mr. Akyea said the magistrate was misled by the prosecution to believe that the case was a murder one, which, he said, disarmed the magistrate to refuse bail for his clients, saying “the magistrate misunderstood her jurisdiction”.
Further, he said that although brief facts are suppose to explain why a particular charge has been preferred against someone, he noted that in their case, the facts presented by the prosecution at the magistrate’s court was on the contrary.
He described the situation where suspects were arrested and remanded before investigations were conducted as “justice upside down”
However, he conceded that the bill of indictment and summary of evidence had not been prepared as required in murder cases, adding that these were being prepared.
Mr. Owiredu also said that in view of the fact that the case is about murder and by virtue of Section 96 (7) of the Criminal Procedure Act, bail cannot be given to the applicants, saying “it’s proper the lower court did not grant them bail”.
He said “everything possible is being done to put them before a High Court before the end of May”.
By Stephen Kwabena Effah
Sympathizers and supporters of the nine persons being prosecuted for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, yesterday besieged the premises of the Fast Track High Court in Accra to protest against their trial.The more than 300 demonstrators believed to be Abudus, had by 9:30 am gathered in front of the three-storey building which also house the Accra Human Rights High Court where the nine appeared to move their bail application. The gathering was however, peaceful.
The accused - Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42, and Alhassan Braima - are charged with the murder of the Ya-Na in 2002.
They were arrested on April 10, this year, and arraigned before an Accra Magistrate’s Court on three counts of conspiracy to murder, murder and unlawful military training on April 12. Their plea was not taken, and they have been remanded to appear again on May 5.
Their counsel have since challenged the justification of their remand and filed a bail application at the Human Rights Court which fixed yesterday, to hear the application for bail pending investigations.
The court, presided over by Justice U.P Dery, after hearing the arguments of both sides yesterday, adjourned to May 18, to rule on whether to grant the application for bail.
The supporters and sympathizers, including some relatives of the nine accused, occupied the 24-seater courtroom, while those bearing placards with various inscriptions, filled the court premises.
Some of the inscriptions read: “ Ya-Na killed himself,” “No justice, No peace in Dagbon,” “President Mills, your actions are selective,” “We, the Abudus are indigenous family in Dagbon,” “President Mills, please free M’ba Dugu and co. for peace to prevail in Yendi,” and “J.J. Rawlings, please it’s time to provide your evidence”.
A number of heavily-armed police personnel we also took vantage positions at the court premises to maintain law and order, as well as ensure the safety of the nine persons.
After the court proceedings, the supporters cheered on the nine persons as they were marched by armed police men to board a waiting truck behind the court building, while others, mostly women, shed tears as they waved at the accused persons. Moving the application for bail, Mr Atta Akyaa, lead counsel for the nine persons, said the remand of his clients was unjustifiable, in view of his contention that no formal charges had been preferred against them, describing the situation as “fanciful”.
He argued that without committal, no one can assert a proper charge of murder against his clients, indicating that “the only time that it becomes a murder case is when they have been committed to stand trial.”
However, he told the court, that the prosecution had not been able to provide bill of indictment and summary of evidence to warrant the remand that was granted by the magistrate court.
Mr. Akyea said the magistrate was misled by the prosecution to believe that the case was a murder one, which, he said, disarmed the magistrate to refuse bail for his clients, saying “the magistrate misunderstood her jurisdiction”.
Further, he said that although brief facts are suppose to explain why a particular charge has been preferred against someone, he noted that in their case, the facts presented by the prosecution at the magistrate’s court was on the contrary.
"The facts traced the history of the fight between the Abudus and the Andanis….nowhere (in the facts) was it said the arrest (of the nine) was as a result of the murder of Ya-Na,” he pointed out.
He said the magistrate should have taken Article 14 into consideration to establish whether the prosecution demonstrated reasonable and cogent grounds that his clients were indeed linked to Ya-Na’s murder.
He said the magistrate should have taken Article 14 into consideration to establish whether the prosecution demonstrated reasonable and cogent grounds that his clients were indeed linked to Ya-Na’s murder.
Again, he said the prosecution was wrong for arraigning Sugri who, he said, was acquitted and discharged by a competent court in the same Ya-Na’s murder case.
According to Mr. Akyea, per Article of 19 (7) Sugri should not have been arraigned at all, describing the situation as “double jeopardy”.
Mr. Akyea said the argument made by the prosecution at the lower court to the effect that the release of his clients could interfere with investigations was serious, saying that it would go to suggest that the whole of Ghana’s security is impotent.
He said that even the prosecution failed to demonstrate reasonable grounds how his nine clients could interfere with a whole National Security investigation.
“No shred of evidence was put before the magistrate court that the applicants have the capacity to interfere with National Security…It is as if the whole of National Security cannot control these individuals,” he added.
He described the situation where suspects were arrested and remanded before investigations were conducted as “justice upside down”
Opposing the bail application, Chief State Attorney Anthony Rexford Owiredu insisted that the applicants were properly charged, noting that their charge caution statement was taken in the presence of an independent witness.
However, he conceded that the bill of indictment and summary of evidence had not been prepared as required in murder cases, adding that these were being prepared.
According to him, from his 22-year legal experience, this has been one of the fastest case the Attorney General’s Department is doing.
He explained that the prosecution did not take the plea of the applicants when they were arraigned at the lower court because the law that create the charge of murder stipulate that such cases be tried by a High Court by an indictment.
The Chief State Attorney said their arrangement at the lower court was just to seek their remand while the bill of indictment and summary of evidence was being prepared to properly put them before a High Court.
“My lord, they cannot be committed within 48 hours….we need time to write and prepare the bill of indictment and summary of evidence,” he argued.
Mr. Owiredu also said that in view of the fact that the case is about murder and by virtue of Section 96 (7) of the Criminal Procedure Act, bail cannot be given to the applicants, saying “it’s proper the lower court did not grant them bail”.
He indicated that the re-arrest and prosecution of Sugri and the others was based on the recommendations of the Wuako Commission’s recommendation, noting that even Sugri had in the current case been charged with only unlawful military training.
The Chief State Attorney said a lot more people recommended by the Commission for prosecution were at large and thus it would not be healthy to release the applicants since they could interfere with investigations.
He also debunked the defence’s claim that the applicants were being used as guinea pigs, saying “there is substantial evidence against them and we will prove that at the High Court.”
He said “everything possible is being done to put them before a High Court before the end of May”.
THE G.I.A. CASE: 22 Counts For Accused
Tuesday, April 27, 2010
THE number of government officials in the Kufuor administration being tried for their complicity in the liquidation of the Ghana Airways and the formation of the Ghana International Airline Limited, yesterday came to four.
Meanwhile, the court has granted Prof. Gyan-Baffour GH¢300,000 self-cognisance bail, and granted him leave to attend a conference in Tanzania between May 11 and 13, following a request from the Clerk of Parliament.
She said in order of merit, the technical evaluation rated KLM/Kenya Airways/Fidelity, 67 per cent; Ghana Air Partners, 51 per cent; Ghana International Airlines, 44 per cent, and Corporate Trade Solutions, 31 per cent.
She said although it was clear that the best technical and financial proposal was from the KLM group, Dr Anane “eliminated the company by shifting the goal post”. He later submitted the chosen plan, the Ghana International Airline, to Price Waterhouse Coopers for evaluation.
By Stephen Kwabena Effah
THE number of government officials in the Kufuor administration being tried for their complicity in the liquidation of the Ghana Airways and the formation of the Ghana International Airline Limited, yesterday came to four.Three of them, Dr Richard Anane, former Minister of Transportation; Dr Anthony Akoto-Osei, former Minister of State at the Ministry of Finance and Economic Planning; and Kwadwo Mpiani, former Presidential Affairs Minister, together with Sammy Crabbe, former Greater Accra
Regional Chairman of the NPP, had been put before court on March 31.
However, when the court resumed sitting yesterday, the Attorney-General added the former Deputy Minister of Finance and Economic Planning, Professor George Gyan- Baffour.
The five accused persons now variously face 22 counts of conspiracy, willfully causing financial loss to the state, defrauding by false pretences, deceit of public officer, misapplication of public funds, opening of an offshore account without authority from Bank of Ghana, and stealing.
Previously, the four men faced 13 counts.
They have all pleaded not guilty to the charges and the case has been adjourned to May 10.
They have all pleaded not guilty to the charges and the case has been adjourned to May 10.Meanwhile, the court has granted Prof. Gyan-Baffour GH¢300,000 self-cognisance bail, and granted him leave to attend a conference in Tanzania between May 11 and 13, following a request from the Clerk of Parliament.The other accused persons were admitted to their formal bail of GH¢300,000 self-cognisance bail each.
Four more people who were not named, are said to be outside the jurisdiction of the court.
When the case was called, Mrs. Gertrude Aikins, Director of Public Prosecutions, told the court, presided over by Justice Bright Mensah, that the prosecution intended to add Prof. Gyan-Baffour to the case, and thus sought to substitute the charge sheet with a new one.
When the case was called, Mrs. Gertrude Aikins, Director of Public Prosecutions, told the court, presided over by Justice Bright Mensah, that the prosecution intended to add Prof. Gyan-Baffour to the case, and thus sought to substitute the charge sheet with a new one.
The court consequently discharged Dr. Anane, Dr. Akoto-Osei, Mr. Mpiani and Mr. Crabbe on the 13 charges, after which the new charge sheet was admitted.
Currently, Dr. Anane is facing three counts of conspiracy, willfully causing financial loss to the state, and defrauding by false pretence, while Dr. Akoto-Osei is facing nine counts of conspiracy, deceit of public officer, willfully causing financial loss to the state and misapplication of public funds.
Mr. Mpiani, on his part, is charged with three counts of conspiracy, deceit of public officer, and causing financial loss to the state, with Mr. Crabbe facing five counts of opening an offshore account without authority, conspiracy, stealing and willfully causing financial loss to the state.
Prof. Gyan-Baffour is facing six counts of conspiracy, deceit of public officer and willfully causing financial loss to the state.
Prof. Gyan-Baffour is facing six counts of conspiracy, deceit of public officer and willfully causing financial loss to the state.
Meanwhile, Mrs. Aikins has apologized to Prof. Gyan-Baffour for creating the impression that he refused an invitation to appear for interrogation by the security agencies. This was after his counsel had raised issues with the impression by Mrs.Aikins.
His counsel, Nene Amegatcher, told the court that the action by the prosecution “has unfairly prejudiced my client”.
But Mrs. Aikins said: “It wasn’t as if I wanted to embarrass the professor” .
Giving the background to the case, Mrs. Aikins said following the extremely poor operational and financial performance of Ghana Airways, the government sought, in 2002, for a strategic partner to help turn the fortunes of the crippled airline around.
Word quickly spread around concerning the government’s intentions and insiders, as well as outsiders, lined up to present their bids.
The prosecutor said Mr Crabbe tried to set up a call centre with his company, Mary Green Slade Information Services (MGIS), to service Ghana Airways but failed in his bid to clinch a deal.
She saidMr Crabbe, therefore, set out to create an opportunity for MGIS and presented a proposal to the erstwhile board of Ghana Airways on how he could turn the company around.
She said Mr Crabbe later rather submitted a proposal to form a new airline and sent four unsolicited proposals to the government and the Ghana Airways board.
Mrs Aikins said the four applications submitted to the government were presented to Price Waterhouse Coopers (PWC) for evaluation and in its letter dated January 9, 2004 to the erstwhile Chief Executive of Ghana Airways, Mr Philip Owusu, and Dr Richard Anane, the company categorically stated, “Our evaluation of the four proposals indicates that the proposal from the consortium of KLM Kenya Airways/Fidelity Group dated October 2003 and entitled, ‘Ghana Airways Restructuring Proposal’ achieved the best fit with the evaluation criteria set by the GA board.”
She said in order of merit, the technical evaluation rated KLM/Kenya Airways/Fidelity, 67 per cent; Ghana Air Partners, 51 per cent; Ghana International Airlines, 44 per cent, and Corporate Trade Solutions, 31 per cent.
She said although it was clear that the best technical and financial proposal was from the KLM group, Dr Anane “eliminated the company by shifting the goal post”. He later submitted the chosen plan, the Ghana International Airline, to Price Waterhouse Coopers for evaluation.
Mrs Aikins said the Price Waterhouse Coppers (PWC), in its final report of April 22, 2004, noted, that “In its current form, it is difficult to identify what benefits the plan offers to GoG. The GIA plan does not meet all the ministry’s requirements as specified.”
She added that the PWC, realising that the government was determined to go ahead with the deal anyway, advised thus: “The ministry should seek firm evidence from GIA of the commitment from potential financiers and other interested parties to the plan.”
Mrs Aikins said the PWC further advised that the ministry should undertake due diligence exercise on the GIA and its sponsors, to give itself the comfort that the new company would have adequate financial and managerial capacity to take over the commercial operations that Ghana Airways was currently responsible for.”
She said there was a Ghanaian partner, Unger Oaks Consult, which was the brain behind the consortium but it was conspicuously left out of the official press release signed by Dr Anane when the deal was consummated.
“The main object was, it appears, to hide at the initial stages before it was a done deal that Unger Oaks Consult, a Ghanaian company of little pedigree, was partner and potentially the most powerful one in the GIA consortium,” she said.
“In the privacy of Cabinet, Dr Anane, however, stated in the Cabinet Memorandum of Understanding between the Government of Ghana and the Ghana International Airlines on Ghana Airways restructuring, among other things, that the draft of the MoU was being entered into between the Government of Ghana and the consortium of Sentry Financial International Inc, a Utah corporation, World Transport Group (WTG), a Utah corporation, and Unger Oaks Consult Ltd of Accra, collectively called Ghana International Airlines,” she added
Mrs Aikins said the Ghana International Airlines Ltd (GIAL) was incorporated in Accra on November 30, 2004 with a share capital of $7 million and it commenced business on December 20, 2004.
She said the Government of Ghana, through the Minister of Finance, holds 70 per cent share, equivalent to $4.9 million equity, and the GIA-USA-LLC, represented by R. Kirk Heaton, holding 30 per cent shareholding, equivalent to $2.1 million, with the management of the company given to the minority shareholder.
She said Mr Ralph Aikin, who was to become CEO, and the management were to find $55 million to implement the company’s business plan but they failed to do so.
Mrs Aikins said the prosecution would lead evidence to show that despite the existence of all those factors, Mpiani, Osei Akoto and Gyan-Baffuor unlawfully disbursed or authorised the disbursement of the colossal sum of $56 million to the then floundering GIAL.
In the case of Mpiani, she said, he usurped the power of the President at the time by authorising the release of the sum of $6 million to GIAL.
Osei-Akoto, she added, signed an agreement with the Social Security and National InsuranceTrust (SSNIT) for a loan of $15 million as additional equity for the government but misapplied it.
“The prosecution will also prove that the tenure or period of management of the so-called strategic partners was fraught with blatant action of recklessness and corruption,” she added.
Yendi Suspects Appeal to Human Rights Court
Monday, April 26, 2010
By Stephen Kwbena Effah.
THE nine persons standing trial for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, in 2002, are seeking bail at the Human Rights Court in Accra.
Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima, 40, have filed an application to that effect.
Their action was prompted by the refused of the Accra Magistrate Court to grant them bail on April 12, when they were first arraigned on various charges of conspiracy to commit murder, murder and unlawful military training.
The nine, whose plea were not taken, are due to make their second appearance at the Magistrate’s Court on May 5.
The nine, however, appeared before the Human Rights Court on Friday where their lawyers were expected to have moved their application for bail.
But when the case was called for the application to be moved, Nana Obiri Boahen, one of the defence counsel, told the court that they had not been served with a copy of an affidavit in opposition filed by the Attorney-General’s Department.
The court thus adjourned to April 27, to enable the A-G to serve the applicants to enable them to respond appropriately.
Mr. Obiri Boahen told journalists after the court proceedings that their contention had to do with the fact that the detention of their clients was improper and a violation of their fundamental human rights.
According to him, under the law, accused persons were not supposed to be remanded in custody for more than 14 days, noting that the Magistrate’s Court erred in remanding the accused persons into custody for more than three weeks.
Mr. Obiri Boahen said that although his clients had been charged, their plea had not been taken adding that no bill of indictment had been prepared by the state to cover the case.
He argued that once it was a murder case, the state ought to have prepared a bill of indictment and summary of evidence.
By Stephen Kwbena Effah.
THE nine persons standing trial for the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, in 2002, are seeking bail at the Human Rights Court in Accra.
Iddrisu Iddi, 76; Alhaji Baba Abdulal, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima, 40, have filed an application to that effect.
Their action was prompted by the refused of the Accra Magistrate Court to grant them bail on April 12, when they were first arraigned on various charges of conspiracy to commit murder, murder and unlawful military training.
The nine, whose plea were not taken, are due to make their second appearance at the Magistrate’s Court on May 5.
The nine, however, appeared before the Human Rights Court on Friday where their lawyers were expected to have moved their application for bail.
But when the case was called for the application to be moved, Nana Obiri Boahen, one of the defence counsel, told the court that they had not been served with a copy of an affidavit in opposition filed by the Attorney-General’s Department.
The court thus adjourned to April 27, to enable the A-G to serve the applicants to enable them to respond appropriately.
Mr. Obiri Boahen told journalists after the court proceedings that their contention had to do with the fact that the detention of their clients was improper and a violation of their fundamental human rights.
According to him, under the law, accused persons were not supposed to be remanded in custody for more than 14 days, noting that the Magistrate’s Court erred in remanding the accused persons into custody for more than three weeks.
Mr. Obiri Boahen said that although his clients had been charged, their plea had not been taken adding that no bill of indictment had been prepared by the state to cover the case.
He argued that once it was a murder case, the state ought to have prepared a bill of indictment and summary of evidence.
Court to Decide on Sipa Yankey
Saturday, April 24, 2010
THE Human Rights Court in Accra, will on May 20, rule CHRAJ should resume its investigation into the alleged Mabey and Johnson bribery scandal to exclusively hear the former Health Minister Dr. George Sipa Yankey.
The rest are Mr. Kwame Peprah, a former Minister of Finance and Economic Planning; Dr. George Sipa Yankey, former Head of the Legal and Private Sector Unit, Ministry of Finance and Economic Planning, and Alhaji Abubakar Sadique Boniface, a former Minister of Works and Housing in the previous administration.
CHRAJ empanelled Justice Emile Short as chairman, with Ms. Anna Bossman, Deputy Commissioner (Legal and Investigations) and Richard Quayson, Deputy Commissioner (Public Education and Anti-corruption), as members.
The public hearing was to enable CHRAJ, after preliminary investigations, to produce evidence in support of its case, call witnesses in support of that evidence, afford the respondents the opportunity to state their cases and produce witnesses after which a decision would have been reached.
The intervention forced CHRAJ to defer its ruling and adjourn sitting to April 7, to rule on Mr. Cudjoe’s submission. But on April 1, it issued a statement that it had indefinitely suspended investigations into the case due to the application for judicial review.
By Stephen Kwabena Effah
THE Human Rights Court in Accra, will on May 20, rule CHRAJ should resume its investigation into the alleged Mabey and Johnson bribery scandal to exclusively hear the former Health Minister Dr. George Sipa Yankey.The court, presided over by Justice U.P. Dery, fixed the date yesterday after counsel for both parties made their submissions on their respective stands.
Dr. Yankey on April 8, filed an application for mandamus to compel CHRAJ to give him an expeditious hearing in its investigations into the scandal in view of the indefinite suspension of investigations into the matter.
CHRAJ had earlier in a statement issued on April 1, announced that it had suspended hearing into the scandal in view of an order of prohibition pending at the High Court against it.
But in court yesterday, its counsel, Thaddeus Sory said that although CHRAJ was opposed to the application by Dr.Yankey, it was prepared to hear him if the Human Rights Court gave the green-light.
Opposing the application, he said “it is not by might” that investigation into the scandal was suspended, by but that, CHRAJ could not risk to hear Dr. Yankey, irrespective of the fact that he was not part of those seeking an order of prohibition against it.
According to him, the application for an order of prohibition did not state that it was in respect of those who filed it, rather, it was couched to cover the entire investigations into the alleged scandal.
“We are not opposed to investigating him (Dr.Yankey),” Mr. Sory pointed out, adding that “it is the prevailing circumstance that has led us to suspend investigations into the scandal”.
Touching on Dr. Sipa-Yankey’s claim that CHRAJ’s decision constituted a violation of his rights under the Constitution, Mr. Sory argued that CHRAJ had not in anyway violated the ex-Minister’s fundamental human rights.
He contended that the basis upon which CHRAJ suspended its investigation into the alleged scandal could not be considered to be causing unreasonable delay, adding that Dr. Yankey had not been able to establish a right under Article 19 (13) to warrant an application for mandamus.
Mr. Kwame Gyan, counsel for Dr.Yankey, earlier argued that CHRAJ’s action constituted a “blatant and flagrant violation” of his client’s constitutional rights and freedoms as contained in the country’s constitution.
According to him, the order of prohibition being sought by other respondents in the scandal would not have any ramification on his client’s case because there was no situation of joint charges, if any, in the scandal.
He told the court that each of the respondents in the scandal were standing in their personal capacity and “there is no joint or several liability. Let’s de-couple his matter from the rest involved and treat each on its own merit”.
Mr. Gyan contended that the failure and/or refusal of CHRAJ to give Dr. Yankey an expeditious hearing was causing him “grave pain and anguish, hardship and suffering” as there was no clear indication as to when the public hearing would resume.
He said Dr.Yankey had to resign his post in October 2009 to devote time and energy to clear his name when CHRAJ commenced its investigations into the scandal.
Dr. Yankey is seeking an order of certiorari to quash CHRAJ’s indefinite suspension of its hearing into the scandal with regards to himself, as well as an order of mandamus to compel it to grant him an expeditious hearing in the scandal.
It is recalled that CHRAJ on March 15, began a public hearing into allegations of corruption against Baba Kamara, an agent of M&J, a British engineering firm; Brigadier-General Lord Attivor, a PNDC Secretary for Roads and Highways; Dr. Atto Quarshie, a former NDC Minister, and Alhaji Seidu, a former Deputy Minister of Roads and Highways.
The rest are Mr. Kwame Peprah, a former Minister of Finance and Economic Planning; Dr. George Sipa Yankey, former Head of the Legal and Private Sector Unit, Ministry of Finance and Economic Planning, and Alhaji Abubakar Sadique Boniface, a former Minister of Works and Housing in the previous administration.
CHRAJ empanelled Justice Emile Short as chairman, with Ms. Anna Bossman, Deputy Commissioner (Legal and Investigations) and Richard Quayson, Deputy Commissioner (Public Education and Anti-corruption), as members.
The public hearing was to enable CHRAJ, after preliminary investigations, to produce evidence in support of its case, call witnesses in support of that evidence, afford the respondents the opportunity to state their cases and produce witnesses after which a decision would have been reached.
However, at its first hearing on March 15, Mr Samuel Cudjoe counsel for Baba Kamara, Samuel Cudjoe, raised objection that CHRAJ had no mandate to investigate his client because at the time of the alleged corruption, he was not a public official.
CHRAJ consequently adjourned to March 29 to rule on whether it had the mandate to investigate Baba Kamara or not, but before Mr Justice Short could give the ruling, Mr. Cudjoe asked CHRAJ to “stay put” on its intended ruling, contending that it would undermine the determination of an application for an order of prohibition pending at the High Court against the Commission.
The intervention forced CHRAJ to defer its ruling and adjourn sitting to April 7, to rule on Mr. Cudjoe’s submission. But on April 1, it issued a statement that it had indefinitely suspended investigations into the case due to the application for judicial review.
Accused Pleaded for Case to be Dropped -- Witness
Thursday April 22. 2010
The Head Pastor of the Jesus Blood Prophetic Ministry, Nana Kwesi Yirenkyi, promised to give the mother of his 10-year old daughter a house to influence her to drop the case of his alleged defilement of the child, the Accra Circuit Court heard yesterday.
Witness told the court that as the Commander refused to drop the case, Yirenkyi decided to beg the victim’s mother to withdraw the case so that he would give her a house in exchange, adding that that he “begged from day one till he was handed over to the Ministry’s DOVVSU in Accra”
By Stephen Kwabena Effah
The Head Pastor of the Jesus Blood Prophetic Ministry, Nana Kwesi Yirenkyi, promised to give the mother of his 10-year old daughter a house to influence her to drop the case of his alleged defilement of the child, the Accra Circuit Court heard yesterday.Sergeant Eunice Afelipok Atinya, the police officer who started investigations into the case, told the court that when Yirenkyi was transferred from Akropong to Accra after his arrest, he pleaded with the victim’s mother at the Ministry’s Police Station to let go of the matter.
She said the mother of the victim, replied that she needed to discuss the matter with her relatives before she could decide on his offer.
Nana Yirenkyi, popularly referred to as ‘Jesus Onetouch’, was arrested for allegedly defiling his 10-year old daughter, with whom he lived, and is being tried on two counts of defilement and incest.
He has pleaded not guilty to both charges, and is currently on police remand, having been refused bail three time.
Giving her evidence as the sixth prosecution witness, Sgt. Atinya told the court that Yirenkyi also begged the Akropong Divisional Commander of Domestic Violence Support Unit not to let the case come out.
She said that while taking caution statement from Yirenkyi, he requested to see the commander and when he was allowed, Yirenkyi “lay flat on the floor begging the Commander”.
“He (Yirenkyi) said he loved the girl so much that he did not want the case to come out,” Sgt. Atinya told the court.
Witness told the court that as the Commander refused to drop the case, Yirenkyi decided to beg the victim’s mother to withdraw the case so that he would give her a house in exchange, adding that that he “begged from day one till he was handed over to the Ministry’s DOVVSU in Accra”
Although Sgt. Atinya had earlier told the court that the accused was arrested in Accra, she said under cross-examination that Yirenkyi was arrested the Akropong DOVVSU office when he honoured the police invitation, and was transferred to Accra DOVVSU after his was talen.
On his part, the gynaecologist who first examined the victim, Dr. Bedford Simon Sarfo of the Tetteh Quarshie Memorial Hospital at Mampong, told the court that the victim was not a virgin, and that her hymen was torn.
However, he said, that her vulva was normal.
Dr Sarfo said he examined the girl on February 23, and issued a said the report on February 25, after the police medical form was given him.
Another prosecution witness, Corporal Ransford Odae Djaba, of the Ministry’s DOVVSU, told the court that the case was referred to him for further investigations on March 5, 2010 after it was transferred from Akropong.
He said he issued a medical form to the victim for another examination at the Police Hospital in Accra, adding that the girl stated that her father defiled her on Tuesdays, Saturdays and Sundays.
According to him, a caution statement was then taken from the accused.
According to Cpl.Djaba, he went to Yirenkyi’s home on March 11, with the victim who led them to the accused’s bedroom and pointed to a spot on the floor where she said her father had been having sexual escapades with her.
According to Cpl.Djaba, he went to Yirenkyi’s home on March 11, with the victim who led them to the accused’s bedroom and pointed to a spot on the floor where she said her father had been having sexual escapades with her.
Cpt. Djaba said he interviewed all the occupants of the house.
Cpl.Djaba also told the court that Yirenkyi stated in his statement that the victim was defiled by his house-help, whose name he gave as Efo. Yirenkyi also claimed that Efo also defiled his step-daughter so he (Yirenkyi) even went to the SCC Police at Weija, to lodge a complaint but he was turned away.
However, Cpl. Djaba said his investigations revealed that the accused never went to the police station to make a complaint as claimed.
The case has been adjourned to April 26, for the prosecution to call its lost witness, a medical doctor.
Gushiegu Suspects Charged With Murder
Wednesday, April 21, 2010
By Stephen Kwabena Effah
ONE of the five people charged for their involvement in the September 2008 violence that resulted in the death of three persons and the destruction of property at Gushiegu in the Northern Region, has been remanded by an Accra Circuit Court.
Sandow Yebdow, who is facing one count of conspiracy to commit murder, was remanded by the court presided over by Mrs. Patience Mills-Tetteh, while the others were granted GH¢50,000 bail each with two sureties until May 11.
They are Abu Damba, Labaran Bawa, Labaran Salifu and Issifu Bawa. They are facing two counts of conspiracy and causing unlawful damage.
Four other persons charged with conspiracy to commit murder, are said to be on the run. They are Kpalsogu, Abubakari Shikura, Andani Bawa and Mohammed Immor, who was arrested but released by the police for lack of evidence in September 2008.
The September 1, 2008 violence at Gushiegu was a spill over from an earlier clash between supporters of the New Patriotic Party (NPP) and the National Democratic Congress (NDC) at Kpatinga, a village near Gushiegu, on August 31, 2008.
The accused persons were said to be part of people who caused the violence that resulted in the death of three people, destruction of houses and cars.
Prosecuting, DSP P.K. Frimpong told the court yesterday, that investigation, were still ongoing, adding that the case docket would be sent to the Attorney General’s Department for advice upon the conclusion of the investigations.
He told the court that on August 31, 2008, some members of the NDC from Gushiegu went to Kpatinga, to erect party flags, and coincidentally, some NPP supporters were also at the village to put up a pavilion for their party.
According to the prosecution, a misunderstanding between the two sides arose resulted in a violent clash.
The two sides returned to Gushiegu and on the following day, the violence continued, DSP Frimpong said, adding that “they took the law into their hand and burnt 23 houses, three cars and three murders were also recorded”.
DSP Frimpong told the court that preliminary investigations revealed that Yebdow was among a group of five people who used sticks and other sharp implements to cause the death of Abubakari Ziblim, the chief of Naga, a surburb of Gushiegu.
By Stephen Kwabena Effah
ONE of the five people charged for their involvement in the September 2008 violence that resulted in the death of three persons and the destruction of property at Gushiegu in the Northern Region, has been remanded by an Accra Circuit Court.
Sandow Yebdow, who is facing one count of conspiracy to commit murder, was remanded by the court presided over by Mrs. Patience Mills-Tetteh, while the others were granted GH¢50,000 bail each with two sureties until May 11.
They are Abu Damba, Labaran Bawa, Labaran Salifu and Issifu Bawa. They are facing two counts of conspiracy and causing unlawful damage.
Four other persons charged with conspiracy to commit murder, are said to be on the run. They are Kpalsogu, Abubakari Shikura, Andani Bawa and Mohammed Immor, who was arrested but released by the police for lack of evidence in September 2008.
The September 1, 2008 violence at Gushiegu was a spill over from an earlier clash between supporters of the New Patriotic Party (NPP) and the National Democratic Congress (NDC) at Kpatinga, a village near Gushiegu, on August 31, 2008.
The accused persons were said to be part of people who caused the violence that resulted in the death of three people, destruction of houses and cars.
Prosecuting, DSP P.K. Frimpong told the court yesterday, that investigation, were still ongoing, adding that the case docket would be sent to the Attorney General’s Department for advice upon the conclusion of the investigations.
He told the court that on August 31, 2008, some members of the NDC from Gushiegu went to Kpatinga, to erect party flags, and coincidentally, some NPP supporters were also at the village to put up a pavilion for their party.
According to the prosecution, a misunderstanding between the two sides arose resulted in a violent clash.
The two sides returned to Gushiegu and on the following day, the violence continued, DSP Frimpong said, adding that “they took the law into their hand and burnt 23 houses, three cars and three murders were also recorded”.
DSP Frimpong told the court that preliminary investigations revealed that Yebdow was among a group of five people who used sticks and other sharp implements to cause the death of Abubakari Ziblim, the chief of Naga, a surburb of Gushiegu.
Friday, April 09, 2010
Jesus One Touch Case: Prosecution Witness Gives Evidence In Camera
Tuesday March 30, 2010
By Stephen Kwabena Effah
THE 10-year-old girl allegedly defiled by Nana Kwasi Yirenkyi, Head Pastor of Jesus Blood Prophetic Ministry at Oblogo in Accra, yesterday gave an account of how her father had sex with her.
For more than two hours, the girl, her mother, the prosecution and Nana Yirenkyi and his counsel, were locked up in the judge’s chamber as the victim gave evidence as the second prosecution witness in the case.
Details of the girl’s evidence were not made known but insiders told the Times after the proceedings that the girl recounted how her father had sex with her before church services.
Popularly known as ‘Jesus One Touch’, Nana Yirenkyi, who has pleaded not guilty to two counts of defilement and incest, came out of the judge’s chamber looking somber and rushed straight to the washroom with a police escort.
The girl and her mother on the other hand showed some smiles on their faces after the proceedings.
The two were met outside the courtroom with insults by the members of the prophet’s congregation who thronged the court. The two were quickly whisked away by armed policemen.
The case has been adjourned to April 7 for continuation.
The defence team on March17 announced its intention to conduct a DNA test to establish who defiled the prophet’s 10-year-old daughter.
Mr K.N. Adomako Acheampong, counsel for the pastor, told the trial court presided over by Mrs. Georgina Mensah-Datsa, that the rationale behind the test “is to prove whether our sperm has entered the victim”.
The test, to be funded by the defence team, is to be conducted on Nana Yirenkyi, the accused and one Efo who, the pastor alleged, defiled his daughter. Efo was once Nana Yirenkyi’s houseboy.
According to the prosecution, the victim, who was born out of wedlock, had since lived with her mother until 2005 when she was sent to Nana Yirenkyi at McCarthy Hill in Accra to attend school.
The prosecution said between 2008 and 2009, Nana Yirenkyi started having intercourse with her daughter before church service.
In November 2009, the prosecution said Nana Yirenkyi requested the victim’s mother to come and talk to her for putting up a bad character.
It was at this stage that the victim revealed her ordeal to her mother who reported the matter to the police.
For more than two hours, the girl, her mother, the prosecution and Nana Yirenkyi and his counsel, were locked up in the judge’s chamber as the victim gave evidence as the second prosecution witness in the case.
Details of the girl’s evidence were not made known but insiders told the Times after the proceedings that the girl recounted how her father had sex with her before church services.
Popularly known as ‘Jesus One Touch’, Nana Yirenkyi, who has pleaded not guilty to two counts of defilement and incest, came out of the judge’s chamber looking somber and rushed straight to the washroom with a police escort.
The girl and her mother on the other hand showed some smiles on their faces after the proceedings.
The two were met outside the courtroom with insults by the members of the prophet’s congregation who thronged the court. The two were quickly whisked away by armed policemen.
The case has been adjourned to April 7 for continuation.
The defence team on March17 announced its intention to conduct a DNA test to establish who defiled the prophet’s 10-year-old daughter.
Mr K.N. Adomako Acheampong, counsel for the pastor, told the trial court presided over by Mrs. Georgina Mensah-Datsa, that the rationale behind the test “is to prove whether our sperm has entered the victim”.
The test, to be funded by the defence team, is to be conducted on Nana Yirenkyi, the accused and one Efo who, the pastor alleged, defiled his daughter. Efo was once Nana Yirenkyi’s houseboy.
According to the prosecution, the victim, who was born out of wedlock, had since lived with her mother until 2005 when she was sent to Nana Yirenkyi at McCarthy Hill in Accra to attend school.
The prosecution said between 2008 and 2009, Nana Yirenkyi started having intercourse with her daughter before church service.
In November 2009, the prosecution said Nana Yirenkyi requested the victim’s mother to come and talk to her for putting up a bad character.
It was at this stage that the victim revealed her ordeal to her mother who reported the matter to the police.
Wednesday, May 06, 2009
Judge Tasks Police To Check '419' Fraudsters
By Stephen Kwabena Effah
Tuesday, 05 May 2009
A Circuit Court judge, D.E.K. Daketsey, has urged the police administration to widen and step up its campaign against fraud, popularly known as “419” in the wake of its increase in the country.
The judge who made the call yesterday during court proceedings said the rate at which cases of 419 fraud were being recorded everyday, raised concern and needed vigorous campaign by the police.
He said that through technology, fraudsters are able to use computer to make calls with international identities and present themselves as whites to defraud people here through various means.
Mr.Daketsey’s comment followed a fraud case brought before him yesterday in which a 58-year-old man used false pretence to defraud a woman of 430 dollars in a medicinal seed deal.
The Times investigation has revealed that an average of about five cases of defrauding by false pretence is recorded weekly by one court at the 28th February Courts, in
The judge suggested to the police to “fuse its anti-fraud educational campaigns into prime programmes of television and radio stations, such as 7 pm news bulletins, among others, since that is the periods a lot of people would be watching or listening.”
He said it was important the for police to target almost all the various types of media in the country for maximum impact.
Mr Daketsey asked the police to include examples of fraud cases and how they were carried out, among other things.
Further, the judge also blamed the victims, some of who are of high class in society or educated.
He observed that some of the strategies used by the fraudsters were so flimsy that the victims, especially the educated ones, could detect them easily but they eventually fell victim to them.
Meanwhile, two people who robbed a man of his taxi cab at knife point have been remanded to prison custody by an Accra Circuit Court, presided over by Mr. Iddrisu Mahamadu.
The two, Mazu Ali and Stephen Nyadzi who are aluminium fabricator and mason respectively, pleaded not guilty to two counts of conspiracy to rob and robbery.
They are to appear again on May 18.
The prosecution told the court that on January 18, at Akweteman, a suburb of
The prosecution said that on reaching Kimbu, Ali asked the driver to stop since he wanted to alight, and immediately he stopped, Nyadzi held the driver’s neck and threatened him with a knife.
Ali then striped off the driver’s trousers and made away with driving licence, mobile phone and a cash amount of GH 50 in the taxi cab.
Prosecution said the driver saw Nyadzi later and raised the alarm leading to his arrested.
A search on him revealed the driver’s identity card and amount of money but the car was retrieved without its battery and tape.
Later, Ali was also arrested for mobile phone stealing and was identified by Nyadzi as his accomplice.
Monday, May 04, 2009
Chinese Prostitutes' Case
By Stephen Kwabena Effah
Monday, 27 April 2009
An
The court, presided over by Mrs. Elizabeth Ankumah, fixed the date after the prosecution and the defence counsel filed their addresses with the court.
The three accused persons James Xu Jim, his wife, Chou Xiou Ying and his brother, Sam Shan Zifan were charged with two counts of conspiracy to commit crime and human trafficking, but they pleaded not guilty.
The trial, began on March 5, and the court heard nine prosecution witnesses and one defence witness. On April 6, it went on a fact-finding mission to the house where the victims were allegedly exploited by the accused.
The trip was at the request of the prosecution to enable it to prove its case that the house, at La, a suburb of
The rescue of the seven females by the police followed months of investigation by investigative journalist, Anas Aremeyaw Anas, into the activities of the three accused persons.
On February 14, the police raided the house and suburb of La called Agyemang, where the three accused persons were arrested and the seven female victims rescued. A car allegedly used by the accused to convey their victims to their clients was also impounded.
A-G Intervenes In Contempt Case
By Stephen Kwabena Effah
Monday, 27 April 2009
The Deputy Attorney General on Thursday urgently intervened in a contempt case against the Greater Accra Regional Minister, Nii Armah Ashitey and three high ranking officials of the Accra Metropolitan Assembly (AMA) and the Greater Accra Regional Coordinating Council (RCC).
The four, appeared before an Accra High Court to answer contempt charges against them. Details of the intervention by the Deputy Minister Mr. Ebow Barton Oduro were not known as the case was heard in the judge’s chamber when it was called.
Mr. Ashitey, Fats Nartey, Chief Director of RCC, J.A. Tufour and Chief Okai, Director of Administration and Chief Security of the AMA were cited for contempt on Monday after they allegedly caused work on the construction of commercial stores and offices at the Tudu lorry park in
The court had on April 8, directed Continental Sikaman Agencies Limited to continue construction work on the project but on the orders of Mr. Ashitey, an AMA task force caused work to be stopped at the project site on April 10.
The AMA leased the land to the company in 2007 for 25 years, after the company won a competitive bid to construct market stores and offices for rent.
However, the market women, mainly tomato sellers occupying the land, have refused to leave the place to allow work to go on.
The women, initiated legal action against the company and AMA at the High Court in October, 2007.
The court granted an application for an interlocutory injunction to restrain the company from relocating the traders, but on July 25, 2008 it set aside the injection and ordered the company to give an undertaking to complete the project within 12 months and give the women the first option to rent them.
When the case was initially called on Thursday at about 9.30 am, however, all the respondents were present with the exception of the Regional Minister.
Counsel for the minister, Ms. Hanna Pearl Siriboe, informed the court presided over mMinister was in a meeting but the judge insisted that he appeared personally.
“He must be here! The dignity and regard that must be accorded the court should be sacred,”he stressed.
He noted that the matter was a contempt case, hence the parties must appear in persons because there were consequences for not appearing to answer the charge.
He, therefore, stood the case down to 2.00pm to enable the minister to appear.
When the case was resumed in the afternoon, the minister showed up with the Deputy Attorney-General, Mr. Barton-Oduro,and after the counsel for respondents had introduced themselves, Justice Ofosu-Quartey remarked, “The court is a sanctuary which has it dignity and not a place for beating war durms to resolve issues”.
The judge then called the parties to his chambers and after about 20 minutes, returned to announce that the construction firm should hold on with work on the project until May 7, to allow the dispute over the land at the Tudu park to be resolved.
Justice Ofosu-Quartey commended the Deputy Attorney-General for his intervention
2 Nigerian Women Forced Into Prostitution
By Stephen Kwabena Effah
Friday, 24 April 2009
Four Nigerians who allegedly trafficked two female compatriots into
The four were alleged to have slashed the private parts of the women and blotted the blood with cotton wood.
Thereafter, they blindfolded and took them to a fetish priest for rituals to ensure that they submit the proceeds from their prostitution to the accused persons, and also that they would not return to
The accused, Joseph Anayo Eze, Miriam William, Ijeioma Inyama and Amadi Stephanie, are charged with two counts of conspiracy to commit crime and human trafficking and have been remanded to police custody to enable them to secure a lawyer.
Although their charges were read to them, their plea was not taken.
They told the court presided over by Mr. C.A Wilson that they needed time to secure a lawyer.
The case was therefore adjourned to May 7.
Before then, Ms. Wilson said if by the next adjourned date, they had not been able to secure a lawyer, she would get in touch with the Legal Aid Board to assist them.
Both victims (name withheld aged 20 years were alleged to have been brought into the country by Eze under the pretext of sending them to
Prosecuting, ASP Mary Agbozo told the court that Eze, who was a family friend to the victims, brought them to
According to her, Eze was assisted by Inyama and Stephanie to forcibly cut the thumbs of the victims gave them the blood to drink after which they stripped them naked and shaved their pubic hair.
They then used sharp blades to make incisions on the vagina, of the victims and blotted the blood that oozed out with cotton wool.
ASP Agbozo said the victims were then blindfolded by the three accused persons and taken to a fetish priest, where they were made to swear that they would return proceeds from their prostitution business to the accused persons and would also not return to
They also swore not to disclose the ordeal to anyone.
ASP Agbozo said on April 18, when the victims were sent out for prostitution, they went to tell a pastor about their ordeal and the pastor in turn reported the matter to the police who arrested the accused.
Thursday, April 16, 2009
Tsatsu Files A Motion At The Supreme Court
By Stephen Kwabena Effah
Wednesday, 08 April 2009
Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, (GNPC), has filed a motion at the Supreme Court to stop the court from determining whether or not the pardon granted him could have effect on his review application before the court.
In a 45-point affidavit in support of the motion, Mr Tsikata said the court “wrongly descended into the arena of conflict by raising the said issue (pardon) suo motu (on its own).”
The Supreme Court on February 25, expressed interest in determining the significance of the presidential pardon granted Mr.Tsikata on his review application before it (Supreme Court).
Consequently, the seven-member panel of judges headed by Justice William Atugubah, directed the Attorney General and Mr Mr Tsikata’s counsel to provide the court with submissions on the issue of the pardon for consideration in the case.
However, Mr.Tsikata averred that “the issue of the pardon can, in no way, absolve this honourable court from ruling on that (review) application” emphasising that the court did not have before it evidence of the alleged pardon, and cannot therefore ask for submissions on its significance for the pending review application.
In response to Mr.Tsikata’s application for a review of the court’s decision of October 16, 2008, the Attorney General argued that Tsatsu had been granted a presidential pardon, thus invalidating the pursuance of the case.
However, the A-G later filed an affidavit at the Supreme Court seeking a withdrawal of the aspect of its response that touched on the presidential pardon which the court granted and accordingly withdrew.
Arising out of this, Mr. Tsikata argued that the court, by its action, was pre-judging the relevance of something it had no evidence of since the court had granted leave for the withdrawal of the affidavit in which the issue of pardon was raised and had not been re-instated.
“For the court to make orders based on this pre-judgement….was a grave error,” Mr Tsikata argued and added, “for the court to raise the said issue of the pardon as a preliminary point of law was an improper exercise of the discretion of the court.”
Mr.Tsikata further contended that the affidavit filed and withdrawn by the A-G’s department did not raise the matter of the pardon as a preliminary issue but simply as part of their opposition to the review application.
He stated that even if the A-G’s Department wished to reinstate the pardon as an issue before the court, the court could not have done so at the time when what was pending before it was a ruling on an application that had been argued.
He said at the time of the pardon, his application for review of the court’s decision was pending, and contended that the former president and the A-G were aware of the pendency of the review and that papers had been filed opposing the review application.
Mr. Tsikata said what was before the court as at February 25, had nothing to do with the issue of the pardon hence “it is in the interest of justice that the court deals with what is pending before it.”
Meanwhile, the motion to set aside the court’s move which was due for hearing yesterday was adjourned to April 28, since neither the A-G nor a representative from her department was in court when the case was called, although the department had filed an affidavit opposing the motion.
It is recalled that on June 18, 2008, Mr. Tsikata was sentenced to five years imprisonment by an Accra Fast Track High Court presided over by Justice Henrietta Abban after finding him guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying GH¢2,000 in public property.
Mr Tsikata was in 2002 changed with the offence for guaranteeing a loan for Valley Farms, a private cocoa producing company, on behalf of the GNPC and another count of misapplying GH¢2,000 of public property.
Valley Farms contracted the loan from Caisse Francaise de Development in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Mr Tsikata however, denied any wrongdoing and has since been fighting the legal battle to reverse the five-year jail sentence slapped on him by Justice Abban who he accused of bias and desecration of justice.
He consequently filed a motion at the Supreme Court invoking its supervisory jurisdiction to quash specified decisions and determinations of Justice Abban.
But the court on October 16, 2008, dismissed the application on the grounds that it was “incompetent and without merit” since the trial judge exercised her discretion properly and lawfully when she refused to adjourn proceedings on the date Mr.Tsikata was imprisoned.
Dissatisfied with the court’s ruling, Mr Tsikata filed an application at the court seeking a review of its decision claiming that he had fresh evidence to buttress his allegation of bias and to establish that the trial judge acted in “collusion with the Executive” in his conviction.
Mr. Tsikata was in January this year granted a free, absolute and unconditional pardon but he described it as “hypocrisy” and insisted on pursing the case to prove his innocence and to reverse the sentence.
He has since been on bail granted him by an Accra Fast Track High Court pending the determination of his appeal against his conviction.
Wednesday, 08 April 2009
Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation, (GNPC), has filed a motion at the Supreme Court to stop the court from determining whether or not the pardon granted him could have effect on his review application before the court.
In a 45-point affidavit in support of the motion, Mr Tsikata said the court “wrongly descended into the arena of conflict by raising the said issue (pardon) suo motu (on its own).”
The Supreme Court on February 25, expressed interest in determining the significance of the presidential pardon granted Mr.Tsikata on his review application before it (Supreme Court).
Consequently, the seven-member panel of judges headed by Justice William Atugubah, directed the Attorney General and Mr Mr Tsikata’s counsel to provide the court with submissions on the issue of the pardon for consideration in the case.
However, Mr.Tsikata averred that “the issue of the pardon can, in no way, absolve this honourable court from ruling on that (review) application” emphasising that the court did not have before it evidence of the alleged pardon, and cannot therefore ask for submissions on its significance for the pending review application.
In response to Mr.Tsikata’s application for a review of the court’s decision of October 16, 2008, the Attorney General argued that Tsatsu had been granted a presidential pardon, thus invalidating the pursuance of the case.
However, the A-G later filed an affidavit at the Supreme Court seeking a withdrawal of the aspect of its response that touched on the presidential pardon which the court granted and accordingly withdrew.
Arising out of this, Mr. Tsikata argued that the court, by its action, was pre-judging the relevance of something it had no evidence of since the court had granted leave for the withdrawal of the affidavit in which the issue of pardon was raised and had not been re-instated.
“For the court to make orders based on this pre-judgement….was a grave error,” Mr Tsikata argued and added, “for the court to raise the said issue of the pardon as a preliminary point of law was an improper exercise of the discretion of the court.”
Mr.Tsikata further contended that the affidavit filed and withdrawn by the A-G’s department did not raise the matter of the pardon as a preliminary issue but simply as part of their opposition to the review application.
He stated that even if the A-G’s Department wished to reinstate the pardon as an issue before the court, the court could not have done so at the time when what was pending before it was a ruling on an application that had been argued.
He said at the time of the pardon, his application for review of the court’s decision was pending, and contended that the former president and the A-G were aware of the pendency of the review and that papers had been filed opposing the review application.
Mr. Tsikata said what was before the court as at February 25, had nothing to do with the issue of the pardon hence “it is in the interest of justice that the court deals with what is pending before it.”
Meanwhile, the motion to set aside the court’s move which was due for hearing yesterday was adjourned to April 28, since neither the A-G nor a representative from her department was in court when the case was called, although the department had filed an affidavit opposing the motion.
It is recalled that on June 18, 2008, Mr. Tsikata was sentenced to five years imprisonment by an Accra Fast Track High Court presided over by Justice Henrietta Abban after finding him guilty of three counts of causing financial loss of GH¢230,000 to the state and misapplying GH¢2,000 in public property.
Mr Tsikata was in 2002 changed with the offence for guaranteeing a loan for Valley Farms, a private cocoa producing company, on behalf of the GNPC and another count of misapplying GH¢2,000 of public property.
Valley Farms contracted the loan from Caisse Francaise de Development in 1991 but defaulted in the payment and the GNPC, which acted as the guarantor, was compelled to pay it in 1996.
Mr Tsikata however, denied any wrongdoing and has since been fighting the legal battle to reverse the five-year jail sentence slapped on him by Justice Abban who he accused of bias and desecration of justice.
He consequently filed a motion at the Supreme Court invoking its supervisory jurisdiction to quash specified decisions and determinations of Justice Abban.
But the court on October 16, 2008, dismissed the application on the grounds that it was “incompetent and without merit” since the trial judge exercised her discretion properly and lawfully when she refused to adjourn proceedings on the date Mr.Tsikata was imprisoned.
Dissatisfied with the court’s ruling, Mr Tsikata filed an application at the court seeking a review of its decision claiming that he had fresh evidence to buttress his allegation of bias and to establish that the trial judge acted in “collusion with the Executive” in his conviction.
Mr. Tsikata was in January this year granted a free, absolute and unconditional pardon but he described it as “hypocrisy” and insisted on pursing the case to prove his innocence and to reverse the sentence.
He has since been on bail granted him by an Accra Fast Track High Court pending the determination of his appeal against his conviction.
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