Court throws out NLC's suit against POTAG

Saturday, November 13, 2010
By Stephen Kwabena Effah

The Accra High Court has thrown out the suit brought against the striking Polytechnic teachers by the National Labour Commission (NLC) describing its directive to the teachers as “arbitrary and pre-mature.”

The Labour and Industrial Division of the court, in dismissing the NLA’s suit against the Polytechnic Teachers Association of Ghana (POTAG) yesterday said it found no reasonable grounds to grant the reliefs sought.

It consequently ordered the NLA to appoint a mediator within seven days from yesterday, to meet with the Fair Wages and Salaries Commission (FWSC) and POTAG to settle the striking teachers’ unresolved issues of conditions of service.

The presiding judge, Justice Kwabena Asuman-Adu said there was the need for the industrial impasse between NLC and POTAG to be resolved for industrial harmony to prevail, and urged that “the dispute is settled in good faith”

He, therefore, appealed to the teachers who have been on strike for the past month, to return to the classrooms in the interest of the students and the nation.

No cost was awarded.

Meanwhile, the Court’s ruling yesterday brought relief to the large number of POTAG members who thronged the court.

The NLC last month sued POTAG seeking to compel the teachers group to enter into compulsory arbitration with the FWSC following POTAG’s refusal to comply with its directive of October 15.

But the court held that the NLC erred in directing POTAG to go into “compulsory voluntary arbitration,” saying “there is nothing in the Labour Act like compulsory voluntary arbitration…so this court is in a fix as to the specific Act the applicant want this court to enforce”.

The court advised adjudicating institutions to make their orders “specific and unambiguous”.

It held that the NLC could come to court to compel a party to comply with its directive only when all procedures under the Labour Act have been exhausted, noting that in the substantive case, it failed to do so.

Further, the court said from the evidence available, there was no doubt that POTAG condition of service had expired since 2006.

The court said it found evidence that POTAG had at all times been ready for negotiations with the FWSC, and it was the latter which had not shown readiness for the negotiation process.

“It is surprising the applicant is seeking this order when nothing is done with the FWSC which has not shown any commitment,” the court observed.

Shortly after the ruling, General Secretary of POTAG, Anthony Ayakwah, told journalists they were happy with the courts decision, which he said has vindicated them, adding “it showed we were being treated as irrelevant”

Touching on the court’s plea to them to return to the classroom, he said, the decision rest with the General Council of POTAG, which he said, is expected to meet today to decide on the next line of action.

He also welcomed the intervention by the Parliamentary Select Committee on Education, indicating that the MPs had always wanted government’s intervention in the matter.

The NLC initiated a legal action against POTAG for refusing to comply with its October 15, directive to POTAG to enter into compulsory arbitration to resolve their terms and conditions of service which had expired since 2006.

POTAG in a letter to the NLC dated August 25 raised issues with the suspension of the migration of the polytechnic staff to the Integrated Payroll Database (IPPD) 2 of the Controller and Accountant's Department, and discussion of unresolved issues in their conditions of service.

The NLC invited the FWSC and POTAG for a hearing on the issues raised by POTAG at which it directed the FWSC to meet POTAG to address the concerns of the teachers and thereafter report to the commission.

However, POTAG in a letter dated October 16, 2010, registered its protest against the NLC’s directive and questioned why POTAG should return to the classroom and at the same time be directed to go for arbitration.

When contacted by the Times to find out the NCC’s reaction to the ruling, the Executive Secretary of the NCC, Emmanuel Briku-Boadu, said the seven member commission will meet to take a decision on the issue.

2 Prison Officers Charged With Aiding Convict's Escape

Thursday November 11, 2010
By Stephen Kwabena Effah

The two interdicted prison officers, from whose custody a convict escaped at an Accra High Court, were yesterday granted GH 10,000 bail each with two sureties, when they were arraigned at the Accra Regional Tribunal.

Assistant Chief Officer Godfred Asah, 52 and Corporal Nana Appiah-Kubi, 37, who have pleaded not guilty to aiding escape, were given bail following a submission by their counsel, Alexander Abam to admit them to bail.

They are to appear again on November 16.

Prosecuting DSP E.Y Frimpong, told the court that the two officers are stationed at the Nsawam Medium Security Prisons and on October 27, they took the escapee, 41-year old Yaw Asamoah to an Accra High Court.

He said Asamoah until his escape, was serving a 20-year sentence at the Nsawam Prisons for armed robbery, and was taken to the Accra High Court where he escaped for another rape and murder case.

He had pleaded guilty for murdering a pastor of the Light House Chapel during an armed robbery operation late last year and was appearing for a judgement in the case.

Narrating the circumstance surrounding the escape, DSP Frimpong told the Tribunal that the two officers arrived at the court at 8:00am when the court was in session.

According to the prosecution, the accused persons (the officers) removed the handcuffs of the convict without a guard, and left the courtroom to engage in a telephone conversation.

“Convict took advantage of the unprofessional conduct of the accused persons and escaped without notice,” he told the Tribunal adding that information reached the Accra Regional Police Command which visited the scene to confirm the incident.

He said after investigations, the accused persons were released for prosecution.

Meanwhile, the Prison Service has posted a reward of GH¢1,000 for the capture of Asamoah.

Asamoah, a trader is said to be about 5ft, 3 inches tall, dark-brown in complexion and speaks Twi, Ga and English. He hails from Mpraeso-Kwahu in the Eastern Region and has a round face with multiple scars.

Security Boss Summoned

Tuesday, November 9, 2010
By Stephen Kwabena Effah

The Accra Fast Track High Court yesterday, directed its registry to serve a hearing notice on the National Security Co-ordinator to appear in court on November 15, for the case of the 88 ex-national security operatives whose appointments have been terminated.

The case which was supposed to have started yesterday had to be because there was no certificate of proof of service on the defendants.

The court, presided over by a Court of Appeal judge, Justice C. Honyenuga, asked counsel for the 88 former security operatives, Captain Nkrabea Effah-Dartey (rtd) to direct service.

The personnel are seeking a declaration that they are entitled to end- of- service benefits upon the termination of their appointment, which is consistent within the conditions governing their employment as staff of the National Security Secretariat.

The former security operatives, who worked under the Kufuor administration, are also seeking an order compelling the National Security Co-ordinator and the Attorney General to pay their benefits.

In their statement of claim, the dismissed personnel contended that they were citizens of the country and were fully employed as regular staff of the National Security Council.

They averred that although they lost their jobs due to the change of the political leadership, the current President acknowledged “his appreciation of their dedicated and loyal service to the state.”

According to them, in partial fulfilment of the conditions governing the termination of their appointment, they were each paid three months salary in lieu of notice.

They, therefore, petitioned for the payment of their end of service benefits but that was ignored and letters written by their solicitor did not yield any result.

Therefore, they said, unless the court intervened, the defendants would not heed their demands.

But counsel for the National Security Co-ordinator, contended that the three months salary paid to them represented the “full amount due the plaintiffs in case of disengagement between the National Security Council and them.”

He said they were therefore not entitled to end of service benefits as part of their condition of service.

Court releases Amina on bail

Saturday, November 6, 2010
By Stephen Kwabena Effah

After barely a week in police custody, the woman at the centre of the controversial mass bus rape case, Amina Mohammed, was yesterday released on bail by the Accra Human Rights High Court.

The court granted her GH 5,000 bail with a surety, following an appeal filed by her counsel on Wednesday, against her remand by the Accra Circuit Court.

The prosecution did not oppose the appeal except to raise a preliminary objection which was overruled by the court.

The court presided over by Justice U.P. Dery, described the basis of the prosecution’s objection as unlawful, but the Director of Public Prosecutions, Ms. Gertrude Aikins, has indicated to the court she would appeal against the decision to overrule her objection.

Amina has pleaded not guilty to two counts of “publishing false news with intent to cause fear and alarm,” and “deceiving public officer,” at the Circuit Court, presided over by Mrs. Patience Mills-Tetteh.

The mother of three was invited by the police on October 30, to assist in investigations into her comments on a private radio station that male passengers on board a Tamale-bound bus on which she was travelling, were forced by armed robbers to rape the female passengers.

She was detained by the police until Tuesday, when the charges were preferred against her and she was put before court to be remanded.

Her remand followed the prosecution’s plea that granting her bail would compromise investigations into the case. It was also to ensure her own protection.

But Amina’s remand by the Circuit Court was described by her counsel as “wrong” and a “miscarriage of justice” because the offence was a misdemeanour.

When the case was called for the appeal to be moved, Ms. Aikins raised a preliminary objection that she had been short served and not given either the three or 21 clear days needed to respond to the appeal under the law.

She wondered whether the applicants were coming under the Civil Procedure Code or Article 33 of the constitution, adding “as we stand here we had less than 24 hours to be here”

But responding, Mr. Andy Appiah-Kubi, counsel for Amina said the application was not procedurally civil, adding that they were coming under the criminal procedure code, indicating that Order 67 Rule 4 does not apply.

The court thus overruled the objection and upheld Mr. Appiah-Kubi’s submission.

Moving his application for bail, Mr. Appiah-Kubi argued that per the information published by his client, she is an informant to the police.

He said the human rights of Amina under Article 14 (3) were abused by the police, having been detained by the police for 72 hours before she was put before court.

He contended that although the police invited her to assist in investigations, they later detained her without making it known to her, her offence and her right to be silent as well as her right to counsel.

“She has unlawfully been treated by the state and my lord, you have the power to protect her under the law,” Mr.Appiah-Kubi submitted.

He said evidence by the police nowhere suggested that Amina was part of the crime, adding, “she is a victim of the same crime”.

He told the court that Amina’s health was fast deteriorating, citing the fact that she was detained at the hospital for some time while she was in police, custody.

Mr.Appiah-Kubi said it was the first time that his client had been before any court and had no record of having committed a crime or jumped bail, adding she had a fixed abode and would always present herself for trial.

He said his client has no capacity to influence the machinery of the state neither does have the contacts of the prosecution witnesses nor live with them in the same vicinity.

Responding, Mrs. Aikins conceded that although Amina was arrested on the evening of October 30, she could not be arraigned because no court sat on weekends

She said the prosecution asked for her remand because of her own safety and protection noting that the tension at the time was so high that nobody knew what would have happened to her if she was granted bail.

She said “if counsel wants bail for her we don’t have anything to do with that”.

The prosecution said Amina, who lives at Ashaiman was hosted on Adom FM, a private radio station during which she said armed robbers attacked the bus on which she was travelling on October 11, at Kintampo, and forced the male passengers at gunpoint to rape the female passengers.

She said a man was also forced to defile his 14-year old daughter.

The comment, according to the prosecution, was subsequently carried by various newspapers and other radio stations, causing massive fear and panic among the public.

However, investigations had revealed that there was only an attempted armed robbery case reported at the Ejisu police station on October 12, on a Yutong bus with registration number GN 263-10.

The prosecution said the driver’s statement indicated that when they got to Kubease, near Ejisu, in the Ashanti Region at about 10: pm the robbers had formed a blockade on the road but he drove through it.

The armed robbers fired at the bus smashing the back windscreen, but the driver managed to report to the police after which the passengers continued their journey and arrived at their various destinations safely.

POTAG Rebuts NLC Claim

Friday, November 5,2010

By Stephen Kwabena Effah

The Polytechnic Teachers Association of Ghana (POTAG) has told the Accra High Court that it is the Fair Wages and Salaries Commission (FWSC) which has “flatly refused” to enter into compulsory arbitration with them to resolve their terms and conditions of service.

In a rebuttal to the National Labour Commission’s (NLC) claimed that it had refused to enter into compulsory arbitration with the FWSC, POTAG told the court it had always been ready for the arbitration process.

“The impression we get by the application is that the NLC is asking POTAG to clap with one hand,” Sampson Obeng, counsel for POTAG said yesterday in court when he argued for the application to be declined.

According to him, the FWSC indicated to POTAG in a meeting on Wednesday that it could not enter into arbitration with them for any negotiations on their terms and condition of service because negotiations were closed.

The NLC initiated a legal action against POTAG for refusing to comply with the commission's October 15, 2010 directive to POTAG to enter into compulsory arbitration to resolve their terms and conditions of service which expired since 2006.

POTAG in a letter to the NLC dated August 25 raised issues with the suspension of the migration of the polytechnic staff to the Integrated Payroll Database 2 (IPPD 2) of the Controller and Accountant's Department, and discussion of unresolved issues in their conditions of service, which expired in 2006.

The NLC thus invited the FWSC and POTAG for a hearing on the issues raised by POTAG at which it directed the FWSC to meet POTAG to address the concerns of the teachers and thereafter report to the Commission.

However POTAG in a letter dated October 16, 2010, registered its protest against the NLC’s directive and questioned why POTAG should return to the classroom and at the same time be directed to go for arbitration.

The NLC thus filed an application praying the Industrial and Labour Division of the High Court to order the striking teachers submit themselves to compulsory arbitration with the FWSC, as well as call of their illegal strike.

Meanwhile the court presided over by Justice Kwabena Asuman-Adu, yesterday fixed November 12 to rule on the matter. This was after the two parties concluded their argument to buttress their case.

Moving the motion for an application for an order to compel POTAG to comply with the NLC directive, counsel for NLC, C.S. Sackey, said instead of complying with the order, POTAG decided to go on an illegal strike action.

He said POTAG should have seen the directive as a welcoming one to address the issues of their terms and condition of service which have not been attended to, describing the order as “something like a silver platter that was given them”.

According to him, POTAG and FWSC were given three days within which to notify the commission whether or not they agreed to the unresolved issues.

However, he said, POTAG in the letter dated October 16, 2010, registered its protest against the commission's directive and questioned why they should return to the classroom and at the same time be directed to go for arbitration.

Mr. Sackey said POTAG subsequently refused to enter into compulsory and embarked on an illegal strike action, thus prompting NLC to invoke section 172 of the Labour Act to seek an order compelling them to comply with the directive.

But counsel for POTAG, Mr. Obeng urged the court to dismiss the NLC application, indicating that it had at all material time been ready for the compulsory arbitration just but the FWSC has been unwilling.

He told the court that POTAG found as shocking, FWSC indication that it could not open negotiations with them, adding “we are not the people unwilling to negotiate but the FWSC”.

Pastor's Murder Trial...Police awaits autopsy

Wednesday November 03, 2010
By Stephen Kwabena Effah

The police say they are awaiting the autopsy report on the murdered British/American missionary to enable them to prepare a bill of indictment for the committal of the three persons being held in connection with the murder.

Assistant Superintendent of Police, Cletus Abadamlora, told the Accra Magistrate’s Court yesterday, that they had not been able to put together the bill of indictment because the autopsy report has still not been issued by the Korle-Bu Teaching Hospital.

He said “the report is expected to be ready in two weeks” and therefore requested for an adjournment which the court, presided over by Mr. Samuel Kofi Ahiabor, agreed to and adjourned the case to November 16.

The three persons, Kofi Seidu, a driver; Goodwill Padmore, a pastor; and Issaka Mohammed, a mason are facing charges of conspiracy to murder and murder. Their plea has not been taken.

The prosecution’s case is that the missionary, Reverend Sidney Thomas Barnes, 75, arrived in the country in 1995, and established a Christian ministry, known as Cross Road Christian Missionary Incorporated, in Koforidua.

Beside the missionary work, he also had a farm at Akwamu, near Nsawam, which was being managed by Seidu, and a private secretarial institution, Prestige Secretarial and Business Academy at Koforidua, with Padmore as the principal.

On December 27, last year, ASP Abadamlora said Rev. Barnes went to the USA and was to return to Ghana on March 18, this year.

On March 17, Padmore gave Seidu money to repair Rev. Barnes’ vehicle so that they could use it to convey him from the Airport in Accra to Koforidua the following day.

ASP Abadamlora said on March 18, Seidu after collecting GH¢50 for fuel, left early in the morning to "do some rounds" before picking up their employer in the evening.

At about 11.30 pm, ASP Abadamlora said Seidu called Padmore on phone, saying that Rev Barnes had not arrived, so he had driven the vehicle to Nsawam-Adoagyiri.

The prosecutor said on March 19, a witness in the case detected that Seidu had sustained some injuries on both hands and when he was questioned, he told the witness that he and a white friend were involved in an accident in Koforidua.

He said the said white friend was receiving treatment at the Saint Joseph's Hospital in Koforidua.

The prosecutor said Seidu also went to a chemical shop for anti-tetanus injection and was asked to purchase the drugs, but he did not return.

ASP Abadamlora said Seidu also presented a laptop to a witness in the case and when it was switched on, the name of Rev. Barnes appeared on the screen.

ASP Abadamlora said that when it became apparent that Rev. Barnes was missing, a report was lodged with INTERPOL and Seidu was arrested and handed over to the Homicide Unit of the Ghana Police for further investigations.

During investigation, Seidu confessed to the crime and mentioned Padmore and Mohammed as his accomplices.

On October 11, Seidu led a team of investigators from the Homicide Unit and pathologists from the Korle-Bu Teaching Hospital to Akwamu Amanfo, near Nsawam-Adoagyiri, and pointed out the grave where Rev. Barnes had been buried.

ASP Abadamlora said the body was exhumed and conveyed to the Korle-Bu Teaching Hospital Mortuary, and on October 13, an autopsy was carried out on the body.

AMINA REMANDDED

By Stephen Kwabena Effah

Wednesday, November 3,2010

The woman at the centre of the alleged mass bus rape case, Amina Mohammed, was yesterday afternoon refused bail and remanded by the Accra Circuit Court on her first appearance in court.

But her lawyers say they will today appeal against the decision.

Her three-man defence team led by Andy Appiah-Kubi told journalists moments after court proceedings that the decision by the judge, Mrs. Patience Mills-Tetteh was “wrong”.

Explaining the ground of the appeal, he said , the judge did not assign reasons for her decision to refuse his client bail, adding “this is a miscarriage of justice.”

According to him, he canvassed enough grounds to warrant bail.

Amina, who has been in police custody since October 30, pleaded not guilty to two counts of publishing false news with intent to cause fear and alarm, and deceiving public officer.

The young-looking mother of three was invited by the police to assist in investigations into her comments on an Accra-based radio station that male passengers on board a Tamale-bound bus were forced by armed robbers to rape the female passengers.

Her remand followed the prosecution’s plea that attempts were being made to get the other passengers on board the Yutong bus with registration number GN 263-10, arguing that granting her bail would compromise investigations.

State Attorney Paul Asibi Abariga, said the comment by Amina has caused great fear and panic across the country thus creating a volatile temperature, which compromised her safety.

Although, he said, the case was a misdemeanour, the court should consider the gravity of her comment as well as her own safety.

“All those interested in peace and the safety of the accused are enjoined to ensure that the accused is put to lawful custody where her safety will be guaranteed. In the interest of justice and accused person’s interest, she should be remanded” Mr.Abariga argued.

However, Mr.Appiah-Kubi described Amina’s action as a case of “responsible citizenship outlining a crime she witnessed,” noting that nowhere did Amina say she took part or commissioned the crime to be carried out.

“If anything at all, the accused person has become an informant of the police and must be commended and encouraged,” Mr.Appiah-Kubi told the court.

He condemned the police for keeping Amina in custody beyond the constitutional 48 hours; describe the detention as “constitutionally unwarranted”

Advancing his argument for bail, he told the court that Amina’s three children have since Saturday been orphaned by her illegal detention by the police.

Counsel said his client had been co-operative with the police in their investigations and had no capacity to interfere with investigations.

He said Amina is a responsible mother of three with fixed abode and will at all material times and at the beckon of the court, appear for the matter to be judiciously determined.

The court, however, remanded her in police custody to appear again on November 9.

The prosecution’s said Amina, who lives at Ashaiman was hosted on Adom FM, private radio station on which she said armed robbers attacked a bus on which she was travelling on October 11, at Kintampo and forced the male passengers to rape the female passengers at gun point.

She said a man was also forced to defile her 14-year old daughter.

The comment, according to the prosecution was carried by various newspapers and other radiostations, causing massive fear and panic among the public.

However, investigations so far has revealed that there was only an attempted armed robbery case reported at the Ejisu Police Station on October 12, on a Yutong bus registration number GN 263-10.

The prosecution said according to the driver’s statement, when they got to Kubease near Ejisu in the Ashanti Region at about 10:00 pm the robbers had formed a blockade on the road but he drove through it.

The armed robbers fired at the bus smashing the back windscreen but the driver to report to the police after which the passengers continued their journey and arrived at their various destinations safely.

The Ya-Na's murder trial: 4 Not Freed Yet

Thursday, May, 2010,
By Stephen Kwabena Effah

The much anticipated release of four of the 10 persons being held over the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II, could not come on yesterday, because the District Magistrate who was to order their release was said to be indisposed.

State prosecutors had on Tuesday, disclosed that four of the 10 men put before an Accra magistrate court were going to be discharged and the six others committed for trial, but the court did not sit yesterday because Ms. Patricia Quansah, the magistrate, was reported not well.

Court officials made the announcement at about 8:45 am yesterday and consequently adjourned the case to May 31.

The sizeable number of sympathizers and relatives who had by 8:15 am, filled the court premises awaiting the arrival of the accused persons to the Court appeared taken aback by the announcement, and left the court premises after their leaders briefed them on the new development.

Meanwhile, counsel for the 10 persons, Atta Akyea, said he has written to the Attorney-General seeking the release of the four whose names have not yet been disclosed by the prosecution in the case.

“If there is no factual legal basis for their arraignment, then they should be released unconditionally,” Mr. Akyea told the Times in a telephone interview yesterday.

Chief State Attorney, Anthony Rexford Owiredu, who made the disclosure on Tuesday, declined to give the names of the four accused persons and the reasons for their expected discharge, saying that information would be given in court.


Asked whether he would initiate any action to compel the A-G to release the four persons, Mr. Akyea said: “we will only plead with the Attorney General to release them.”

The 10 accused persons are Iddrisu Iddi, 76; Alhaji Baba Abdula, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42; Alhassan Braima and Abubakar Mahama.

Yidani Sugri who is facing one count of unlawful military training, was on Tuesday, granted GH¢ 10,000 bail with one surety, while the others who face two counts of conspiracy to murder, and murder were refused bail.

The 10 persons were arrested on April 10, for their alleged complicity in the murder of the Ya-Na and 22; of his elders, and put before the magistrate’s court on April 12.

According to state prosecutors, the bill of indictment and summary of evidence had been prepared to commit six of them for trial on the next adjourned date.

Ya-Na and his elders were murdered in 2002 during a three-day siege on the Gbewaa Palace in an intractable chieftaincy dispute between the two royal gates-Andani and Abudu-of Yendi.

Ya-Na's murder trial: 4 to be freed today

Wednesday, May 19, 2010
By Stephen Kwabena Effah

Four of the 10 persons put before court for the alleged murder of the overlord of Dagbon, Ya-Na Yakubu Andani II, will this morning be freed when they make their third appearance at an Accra District Magistrate’s court.

The six others who have been indicted by the Attorney-General’s Department, are also expected to be committed for trial this morning Chief State Attorney, Anthony Rexford Owiredu, disclosed this yesterday, after the Accra Human Rights High Court refused bail for eight of them.

Mr. Owiredu declined to give the names of the four accused persons and the reasons for their expected discharge, saying that information would be given in court today.

The 10 accused persons are Iddrisu Iddi, 76; Alhaji Baba Abdula, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42; Alhassan Braima and Abubakar Mahama.

Yidani Sugri is facing one count of unlawful military training, while the others face two counts of conspiracy to murder and murder.

Nine of the accused had applied for bail on April 16, but the Accra Human Rights Court which heard the application, yesterday granted Yidana Sugri a GH¢10,000 bail with one surety but refused bail to eight others.

In granting Sugri bail, the court presided over by Justice U.P. Dery, pointed out that it did not understand why Sugri was charged together with the other accused persons since the prosecution failed to establish his connection to the Ya Na’s murder.

However, the court disagreed with the argument by Atta Akyea, defence counsel, that it was wrong for Sugri, who was once arrested, tried, acquitted and discharged, to be re-arrested and put before court again.

The court explained that the charge on which Sugri had been arraigned before the court had no bearing on the charge based on which he was acquitted and discharged, adding that it did not see any connection between the previous case and the present one.

According to the court, the eight others who were refused bail were not able to put up a reasonable case to warrant bail.

The court held that it was only when there was unreasonable delay that it could grant the accused persons bail, in view of the Act under which they had been charged, but “in the present case, there has not been any unreasonable delay because it is just a little over a month since the accused persons were arrested.”


Ya-Na and about 22 of his elders were murdered in 2002 during a three-day siege on the Gbewaa Palace in an intractable chieftaincy dispute between the two royal gates - Andani and Abudu of Yendi

New twist in Exopa's coke trial

Thursday 13, 2010
By Stephen Kwabena Effah

THE trial of the Chief Executive of Exopa Model Agency, Sima Ibrahim, yesterday took a new twist following contradictions in the evidence of two prosecution witnesses who visited the accused person’s residence upon his arrest.

Although Anthony Smith, the officer who arrested Sima had testified in court on January 19, 2010, that they found tubers of yams similar to those which were stuffed with cocaine at Sima’s residence, Chief Inspector Andreas Kojo Sorbor, Head of Investigations at the Narcotics Control Board, yesterday testified otherwise.

Insp. Sobor told the court yesterday under cross-examination that neither traces of cocaine nor tubers of yams were found in the accused person’s residence.

“I did not see any yams in the house…I didn’t see any traces of cocaine,” Insp. Sorbor, told the Accra Fast Track High Court presided over by Justice Charles Quist.

According to Insp. Sobor, it was not true that the team of narcotic officials who visited the house of the accused on the dawn of September 7, 2009, saw or collected yams from the residence of Sima at Tema Community 10.

However, both Mr.Smith and Insp. Sobor who have testified in the case as first and third prosecution witnesses respectively, said they retrieved a knife, super glue and scrippers from the residence.

Sima, who organized the first-ever Ghana International Fashion Show in July 2009 after a successful Ghana Fashion Week last year is currently on remand at the Nsawam Maximum Prison on two counts of attempted exportation and possession of narcotic drug without authority.

Until his arrest, Sima has been very instrumental in re-awakening the country’s model and fashion industry with his agency which is training young promising models for the market.

When the case resumed yesterday after more than a months suspension, Insp. Sobor denied counsel’s claim by Sima’s counsel, James Agalga that the team that visited Sima’s residence searched the house.

According to him, when they arrived at the residence, Sima led them straight to the kitchen where the accused showed them a scripper, knife and a partly used super glue which he said was used for the cutting and the sealing of the yams.

Insp. Sobor who told the court that he has 19 years of police experience said those implements were on top of the accused person’s kitchen cabinet and disagreed with Mr.James Agalga’s claim that the team cut the ceiling as part of their search of the house.

He, however, admitted counsel’s claim that two guns belonging to the accused person were retrieved by the team, and noted that those guns were found in the accused person’s vehicles which were seized by the Narcotic Control Board.

Giving his evidence in chief, Insp. Sobor said on September 7, 2009 between 12 noon and 1:00 am he was called to the office to join other officers to go with the accused person to his residence at Tema Community 10.

He said about 10 policemen visited the house and the intent was to retrieve some implements the accused person told them was used to cut the tubers of yams to stuff with cocaine.

He said that in the house, the accused showed the implements which he identified as having used for the cutting and stuffing of the tubers of yam, adding that the team then took possession of the implements.

Under cross-examination, he told the court that he was not present when the accused person was arrested, stressing that he did not also interrogate him upon his arrest.


However, Insp. Sobor told the court that on their way to the accused residence, he asked him some questions based on which the accused told him something about the scripper,knife and the glue he used.

He disagreed with counsel that he was armed to the teeth at the time they visited Sima’s residence, stressing that could not tell if any of the team members was armed as claimed by counsel.

The case has been adjourned to May 20, for continuation

It is the prosecution’s case that on September 7, 2009, Sima arrived at the Kotoka International Airport in Accra to board a Lufthansa Flight to Germany and while going through departure formalities, Sima was suspected of carrying narcotic drug following which a search was conducted on him and his luggage.

The prosecution said that the search revealed some whitish substances suspected to be cocaine hidden in four tubers of yam which were found in Sima’s luggage, leading to his arrest.

The 'Jesus Onetouch' Case: Prosecution alleges threats on her life

Wednesday, May 12, 2010

By Stephen Kwabena Effah

THE Police prosecutor handling the case of the Accra-based pastor alleged to have defiled his 10-year old daughter says her life is being threatened.

“If I tell you there were even threats on my life you won’t believe it,” ASP Sara Ekua Acquah, disclosed yesterday at the Accra Circuit Court trying Nana Kofi Yirenkyi, Head Pastor of Jesus Blood Prophetic Ministry.

No details were given as to who, when and the medium through which the alleged threats were issued.

The prosecution’s claim came as a surprise to Nana Yirenkyi who is mostly referred to as “Jesus Onetouch,” and most of his church members and relatives who filled the courtroom.

According to ASP Acquah, the prosecution is having “security problems” at the Ministry’s Police Cells where the accused is being held, but again did not give details as to what kind of security threats they are faced with, citing security reasons.

In view of this, she prayed the court to remand the accused who is mostly referred to as “Jesus Onetouch,” in prison custody but his counsel, K.N Acheampong disagreed with the prosecution’s claim on the grounds that they are factually unfounded.

However, the trial judge, Mrs. Georgina Mensah-Datsa refused the prosecution’s plea to remand the accused in prison custody, saying “I have confidence in the police in protecting the accused person, the prosecution and the police station”.

She pointed out that it had always been very difficult to get remand prisoners to appear for trial whenever they are due to appear before the court.

Mrs. Mensah-Datsa thus asked the accused to be remanded in police custody but said it is within the powers of the police to send him to whichever police station it feels appropriate.

Sources close to the prosecution told the Times after yesterday’s proceedings that Nana Yirenkyi is likely to be moved from the Ministry’s Police cells to a different police station.

Nana Yirenkyi, who was arrested in March this year for allegedly defiling his daughter with whom he lived in Accra, 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 times

Meanwhile, the defence yesterday told the court of its resolve to appeal against its ruling refusing a submission of no case last Tuesday.

According to Mr.Acheampong, they have just received a corrected version of court proceedings and in the process of filing their appeal against the Circuit Court’s decision to refuse the submission of no case.

In the meantime, he told the court that they would file a stay of proceedings pending the appeal, hence urged the court to adjourn the case to May 24, to enable the defence to put its house in order.

On April 26, the defence made a submission of no case immediately the prosecution closed its case but the court on May 4 ruled that the prosecution has been able to establish a prima facie case against Nana Yirenkyi.

It consequently asked Nana Yirenkyi to prepare to open his defence yesterday but when the case was called after several hours of waiting for his counsel to make appearance, he announced his intention to appeal against the court’s decision.

It is the prosecution’s case that the victim, who was born out of wedlock, had been living with her mother until 2005 when she was sent to Nana Yirenkyi at McCarthy Hill, Accra to attend school.

The prosecution said between 2008 and 2009, Nana Yirenkyi started having sexual intercourse with her daughter on Saturdays, Sundays and Tuesdays before church service.

It said in November 2009, Nana Yirenkyi requested the victim’s mother to talk to the victim who she said had put up a bad character.

According to the prosecution, it was at this instance that the victim revealed her ordeal to her mother who reported the matter to the police who gave her a form for medical examination.

Nana Yirenkyi was later arrested and put before court.

The GIA Case: Defence demands prosecution's papers

Tuesday, May 11, 2010
By Stephen Kwabena Effah

THREE of the five persons being tried for their alleged complicity in the liquidation of Ghana Airways and the formation of the Ghana International Airline Limited, are requesting for all documents that the prosecution intends to rely on for its case.

But the Attorney General has opposed the request, which was put forward by three of the five persons at the Accra Financial High Court where the case is to be heard.

The three are 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.

They argued that under Article 19 (1) and (2e) their clients are entitled to a fair trial within a reasonable time, as well as adequate time and facilities for the preparation of their defence.

As such, they are urging the court to order the prosecution to provide them with all exhibits and documents that the prosecution would rely on to put up a case against their clients.

Meanwhile, the court presided over by Justice Bright Mensah, was compelled to adjourn the case to May 17, because the A-G’s affidavit in opposition to the defence request was not served on the defendants until yesterday morning.

This is to afford the defence the opportunity to study the A-G’s affidavit and respond appropriately if the need be.

Other accused persons on trial in the case are Professor George Gyan- Baffour, former Deputy Minister of Finance and Economic Planning and former Greater Accra Regional Chairman of the New Patriotic Party, Sammy Crabbe.

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 the Bank of Ghana, and stealing.

They have all pleaded not guilty to their charges and have been granted GH¢300,000 self-cognisance bail.

Four more people, who were not named, are said to be outside the jurisdiction of the court.

Meanwhile, the court room and premise was yesterday filled with some former government officials and members of the NPP.

Leading them were aspiring NPP flagbearer, Nana Akuffo Addo, Professor Mike Oquaye, Dr.Konadu Apraku, Sheikh I.C.Quaye, Shirley Ayorkor Botchwey and Frema Opare.

There was spontaneous cheers by supporters of Nana Addo who flooded the court premise moments after he stepped out of the courtroom.

Giving a background of the case Ms Aikins said four applications submitted to the government of Ghana to help turn round the fortunes of the ailing Ghana Airways were presented to Pricewaterhouse Coopers (PWC) for evaluation in 2004.

She said in order of merit, the technical evaluation rated KLM/Kenya Airways Fidelity 67 70 per cent, Ghana Partners 51 per cent and Ghana International Airlines 44 per cent and Corporate Trade solutions, 31 per cent.

She said Dr Anane shifted the goal post to suit the third placed bid by demanding that government would like to partner who would put in equity though there was no real reason for that.

Ms Aikins said an evaluation was completed and in their report of April 22, 2004 PWC noted that “in its current form it is difficult to identify what benefits the plan offers the government. The GIA plan does not meet all the ministry’s requirement as specified”.

She said as far back as 2003/2004, Mr Crabbe had been operating an unincorporated company known as GIA and acted with Dr Anane to mislead cabinet that GIA USA LLC was in existence and was a reputable company.

Ms Aikins said prosecution would lead evidence to show that despite the existence of the factors, Mr Mpiani, Dr Osei and Prof Gyan Baffuor unlawfully disbursed or authorised the disbursement of 56 million dollars to the then floundering company, GIAL.

She said prosecution would also lead evidence to show that under the shareholders’ agreement signed on November 30 2004, the government represented by Mr Yaw Osafo Marfo, then Minister of Finance delivered the equity share of 4.9 million dollars which the Minority, represented by one Jonathan Duga, was to contribute 2.1 million dollars.

The prosecution said Mr Crabbe and his group deposited their share capital into Stanchart New York USA in GIAL’s account but they secretly took 1.9 million of the deposited equity without authorisation.

Mrs Aikins said with the theft, Mr Crabbe and his Minority group had since refunded 1.2 million dollars of the amount leaving an outstanding 700,000 dollars.

She said prosecution would lead evidence to show that the so called strategic partners had left the GIAL, that they had stolen part of the much needed initial equity and that there was no management to run the airline.

One More Charged in Ya-Na's Case

Thursday, May 6, 2010
By Stephen Kwabena Effah

ONE more person was yesterday, put before court for his alleged complicity in the murder of the Overlord of Dagbon, Ya-Na Yakubu Andani II. This bring to 10, the total number of persons arraigned before court so far.

The accused person is Abubakar Mahama, and state prosecutors hinted that more people are expected to be arraigned soon.

The nine, others are Iddrisu Iddi, 76; Alhaji Baba Abdula, 56; Kwame Alhassan, 53; Yidana Sugri, 42; Mohammed Kojo, 45; Mahamadu Abdulai, 57; Sayibu Mohammed, 34; Yakubu Mahamadu, 42 and Alhassan Braima. The accused are alleged to have murdered Ya-Na in 2002 in his Palace at Yendi.

The Accra District Magistrate Court, presided over by Ms. Patricia Quansah, refused all the 10 persons bail, saying that it has no jurisdiction to grant them bail because it has only “summary jurisdiction.”

It said it could grant bail only when the facts of the case did not support the charges against the accused persons, it could not say so in the present instance.

The court asked the accused persons to apply for bail at the High Court if they so desired indicating that any decision apart from remanding them would be in conflict with the High Court.

The Director of Public Prosecutions, Mrs. Gertrude Aikins, said the prosecution had between April 12 and yesterday, “been able to get some evidence against the accused persons.”

She, did not state the kind of evidence the prosecution has, but asked for two more weeks for further investigations which, she said, was necessary considering the fact that the incident occurred in 2002, thus making investigations difficult.

Mrs. Aikins said that by the end of the two weeks the prosecution would be able to put forward a bill of indictment.

In view of the new evidence, the prosecution yesterday substituted the charge sheet on the nine persons who were first arraigned on April 12, with a new one but the charges of conspiracy, murder and unlawful military training remained.

The prosecution told the court that it would on the next adjourned date, May 19, consolidate the two dockets of the nine persons and the 10th accused person.

According to her, the prosecution is using the Wuako Commission’s report only as a basis for further investigations.

She said that Article 14 (3) of the Constitution inferentially admits that investigations cannot be conducted within 48 hours, hence the provision that persons arrested are put before court within that period.

Counsel for the accused persons, Atta Akyea, said “the charge as currently preferred is a ruse so that they (his clients) are deprived of their liberty.”

Describing the prosecution’s argument as a “clever manoeuvre” by the Attorney-General to secure further remand of his clients, Counsel
argued that “as it stands, the prosecution does not have a proper charge of murder for the court to exercise its jurisdiction under the criminal law not to grant the accused persons bail.”

Sale of Ghana Telecom Case: Supreme Court Suspends Hearing

Wednesday, May 5, 2010
By Stehen Kwabena Effah

THE Supreme Court yesterday declared as “premature,” the referral to it by the Accra Commercial Court of the three constitutional issues for interpretation in the litigation of the sale of government’s 70 per cent shares in Ghana Telecom.

The court was of the view that some relevant materials which raise fundamental issues have not been put before it by the Accra Commercial Court which referred the three constitutional issues to the Supreme Court.

It has consequently suspended its hearing of the matter to enable the lower court call for those documents and make them available to the Supreme Court before the matter proceeds.

The issues referred to are whether an agreement executed by the government and ratified by Parliament can be challenged in the High Court, whether any procedural or substantive errors or defects in the Sale and Purchase Agreement was or can be cured by the ratification by Parliament and whether Articles 61.6, 10.7, 12, and 13.21 of the Sales and Purchase Agreement (SPA) dated July 3, 2008 and executed by government, Vodafone International Holdings BV and Ghana Telecom contravene the country’s constitution and therefore render the agreement void.

The Supreme Court adjourned the case indefinitely after counsel for the plaintiffs in the case at the lower court, Bright Akwetey, had drawn the court’s attention to the fact that efforts made at securing those documents at the High Court had proved futile.

The documents are: the original version of the Sales and Purchases Agreement (SPA) executed on July 3, 2008 between Ghana government and Vodafone International Holdings BV and Ghana Telecom, and amended version of the SPA.

Others are a copy of the report of the Inter-Ministerial Committee on the SPA which was presented to the government in October 2009, proceedings of the Inter-Ministerial Committee on the SPA, a copy of the disclosure letter dated July 25, 2008, and a report on the valuation of assert of Ghana Telecom.

The rest are a report/or statement on the value of Volta Communication, a report on the asset of Onetouch, a report on valuation of the asset of Fibre Co., a report/or statement of the value of the asset of Fibre Co., a report of the Transaction Advisor on the SPA and the inventory of the assets of Ghana Telecom.

Mr.Akwetey argued that such documents, especially the original version of the SPA, were relevant to the court in determining the three constitutional issues and urged the court to order the A-G to provide copies of those documents.

He said that the issue of procedural errors was extensively dealt with by the Inter-Ministerial Committee noting that its report “contains a lot that could help us.”

But counsel for Ghana Telecom, Norbert Kudjawu, contended that it would be extraneous for the Supreme Court to make an order for those documents, indicating that “that is the duty of the High Court”.

He added that those documents were not relevant to the three constitutional issues referred for interpretation.

He said that the High Court judge, Justice Henry Coffie, considered the relevancy of all those documents to the case before the referral.


In view of Mr. Akwetey’s submission, the court said he ought to have drawn the High Court’s attention to the fact that it was pre-mature in referring the matter, and thus adjourned the case sine die for those documents to be provided.

The court was chaired by Justice Gerogina Wood, and had Justices William Atugubah, S.A. Brobbey, Date Baah, Sophia Adinyira, Rose Owusu, Jones Dotse, Anin Yeboah and B.T. Aryeetey as members.

The substantive suit was initiated by Professor Agyemang Badu Akosah, Kossi Dedy, Dr.Nii Moi Thompson, Naa Kordai Assimeh, Rodaline Imoru Ayarna and Kwame Jantua in their capacity as Ghanaians.


They are contending that the Sale and Purchase Agreement entered into among the Government of Ghana, GT and Vodafone for the sale of 70 per cent of GT for $900 million was against the public interest and constituted an abuse of the discretionary powers of the government.

According to them, the decision of the government to transfer the assets, property, shares, equipment, among others, to Vodafone was obnoxious, unlawful and inimical to the public interest, particularly when no consideration was required to be paid by Vodafone for the stated assets.

The group argued that the three Ministers of State and the managing director of GT who signed the agreement on behalf of the government did not exercise the requisite level of circumspection required of them as public officers in relation to public property.

The plaintiffs are, therefore, seeking reliefs from the court, including a declaration that the agreement entered into by the government was not in accordance with the due process of law and was, therefore, a nullity.

They are also demanding that the court should give an order declaring that the forcible grouping of autonomous state institutions established by law — Voltacom, Fibreco, VRA Fibre Network and VRA Fibre Assets — with GT to form the purported Enlarged GT Group was unlawful and, therefore, void and of no legal effect.

The plaintiffs are further praying for an order of perpetual injunction to restrain the government from disposing of its 70 per cent share of GT to Vodafone or any other foreign company without first exploring avenues for funding and better management in Ghana.

'Jesus Onetouch has case to answer'

Wednesday, May 5, 2010
By Stehen Kwabena Effah

THE Accra Circuit Court says a prima facie case has been established against the Head Pastor of the Jesus Blood Prophetic Ministry, Nana Kwesi Yirenkyi, who is alleged to have defiled his 10-year old daughter.

Ruling on a submission of no case initiated by the defence, the court presided over by Mrs.Georgina Mensah Datsa, said yesterday that the evidence adduced by the prosecution at the close of its case indicated that the accused has questions to answer.

It has thus asked the prosecution to prepare to open its defence on May 11, the next adjourned date.

The defence filed the submission of no case after the prosecution closed its case on April 26, after eight prosecution witnesses including the victim and her mother had testified in the case which started in March.

Popularly referred to as ‘Jesus Onetouch’, Nana Yirenkyi 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 times.

Unlike previous days, yesterday’s ruling changed the mood of the accused person who always appeared in court looking calm and confident. The accused appeared shaken by the court’s decision that he should open his defence.

His church members, most of who always appear in court in a jubilant mood were also silenced by the decision of the court as they walked out of the court premise looking somewhat distraught.

It is the prosecution’s case that the victim, who was born out of wedlock, had been living with her mother until 2005 when she was sent to Nana Yirenkyi at McCarthy Hill, Accra to attend school.

The prosecution said between 2008 and 2009, Nana Yirenkyi started having sexual intercourse with her daughter on Saturdays, Sundays and Tuesdays before church service.

It said in November 2009, Nana Yirenkyi requested the victim’s mother to talk to the victim who she said had put up a bad character.

According to the prosecution, it was at this instance that the victim revealed her ordeal to her mother who reported the matter to the police who gave her a form for medical examination.

Nana Yirenkyi was later arrested and put before court.