Court to Decide on Sipa Yankey

Saturday, April 24, 2010

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

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.

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.

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.

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 Accra.

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 Accra, the two men chartered the taxi which was being driven by Richard Ansah, to Achimota Kimbi area.

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.

Chinese Prostitutes' Case

By Stephen Kwabena Effah

Monday, 27 April 2009

An Accra circuit court will on June 2, deliver judgement in the trial of the three Chinese who allegedly trafficked seven female Chinese into the country for prostitution.

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 Accra, was being used as a brothel and not a restaurant as claimed by the accused.

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 Accra to be stopped contrary to the court’s order.

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 Ghana, subjected them to inhumane treatment and forced them into prostitution, were yesterday put before an Accra Circuit Court.

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 Nigeria.

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 Europe. But in Ghana, he handed them to William for a fee of GH¢1,000 to, introduced into prostitution.

Prosecuting, ASP Mary Agbozo told the court that Eze, who was a family friend to the victims, brought them to Ghana under the pretext of sending them to Europe but when they arrived in Accra, he handed them to William on arrival in Accra.

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 Nigeria.

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.

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.

Court Moves To Prostitutes Base

By Stephen Kwabena Effah
Tuesday, 07 April 2009

The Accra Circuit Court trying the three Chinese who allegedly trafficked seven female Chinese into the country for prostitution, went on a fact-finding mission yesterday to the house where the victims were allegedly exploited.

The trip was at the request of the prosecution to enable it to prove its case that the house, which is located at La, a suburb of Accra, was being used as a brothel and not as a restaurant as claimed by the accused.

The team, led by the prosecutor, ASP Mary Agbozo, included Mrs.Elizabeth Ankumah, the presiding judge; the court clerks, head of the Police Human Trafficking Unit, the accused persons and their counsel, as well as the media.

The team was shown round the six-room self-contained house which was used by the three accused persons and the seven trafficked females, after which the judge interviewed some of the neighbours in the area.

The accused persons, James Xu Jim, his wife, Chou Xiou Ying and his brother, Sam Shan Zifan, are facing two counts of conspiracy and human trafficking. They have pleaded not guilty to the charges.

Those the court officials spoke to during the visit claimed to have had no idea about what went on in the house although they were certain that it could not be a restaurant.

A middle-aged woman who declined to give her name told the team that she rented the house to James at a cost of GH¢350 a month. She said "the main gate to the house is locked all the time".

A store keeper located directly opposite the house denied the claim that the house was a restaurant, adding the girls (victims) always went out in the day and returned very late at night "carrying foods." She said she never saw a black person ever entering the house.

Another man who lives near the house, told the team that he was aware of some Chinese in that house which he said was not a restaurant.

Earlier in court, Zifan, during cross-examination, denied having told the police in his statement that the victims’ main business was prostitution and that he was paid 600 dollars a month by James.

He, however, admitted that he took the 18-year- old victim to an Indian in a hotel in Accra where he (Zifan) was given 100-dollars but denied the prosecution’s claim that it was in payment for the victim’s sexual service.

Zifan also said he only interpreted for the victims in the said restaurant. When the "customers want to say hello to the girls…the girls will call me to translate."

He told the court that the place was a restaurant they were operating and not a brothel, adding that he was the cook, and denied having abetted Jim and Ying to sexually exploit the victims through his translation between the girls and the clients.

A fourth defence witness, Pan Jiasong, who operates a restaurant at Tabora, a suburb of Accra, told the court the house was a restaurant, where he regularly went there to eat in the day time.

He said the victims were introduced to him by Jim as Ying’s "fellows and are here (Ghana) looking for job" and added that he also met the victims many times at the La Palm Casino when he went there to play cards.

Asked by the prosecution whether he would call the living room of the house as a restaurant, he replied affirmatively, saying "it is because in China, a lot of restaurants are decorated this way."
He said there were times he met some blacks in the restaurant who went there to buy take-away food.

He denied that he was a regular customer of the sex trade and had been going there to the house to satisfy his sexual desires.

Hearing continues tomorrow.

GBA Case Adjourned

By Stephen Kwabena Effah
Friday, 28 November 2008

AN Accra Human Rights Court has fixed December 4 to rule whether or not to grant an interlocutory injunction to restrain the Ghana Bar Association from holding fresh election to elect a national president pending the final determination of a matter brought before it by three lawyers.

The court, presided over by Justice U.P Dery fixed the date yesterday after counsel for both parties had argued their case.

Nana Ato Dadzie,Chris Arcmann-Ackumey and James Abiaduka are asking the court to declare that the demand and the request by the National Executive Committee of the GBA on Nii Osah Mills to resign his position as president of the GBA were illegal and contrary to law.

The three further want the court to declare that comments which were purported to have been made by Mr Mills bordering on the incarceration of Tsatsu Tsikata were “lawful comments made in his legitimate position as national president of the GBA”.

However, the GBA is saying that the three do not have the capacity to institute the instant action and do not have a course of action to pursue, noting that Mr Dadzie and Mr. Abiaduka were not members in good standing.

At the court’s sitting yesterday, two journalists covering the proceedings were heckled and manhandled by two lawyers for their refusal to vacate their seat.

It all started when two young lawyers rudely asked journalists from the Ghana News Agency and Atlantis Radio to vacate their seat for two other lawyers.

When the courtroom, with a seating capacity of about 32 filled up, a lawyer asked the reporters in the room to vacate their seat for the lawyers some of whom did not have any case before the court.

The two journalists voluntarily gave their seats for the lawyers to occupy while they stood for well over 30 minutes before some seats became vacant for them to occupy.

Not too long afterward a lawyer who sat beside the two journalists, asked the reporter from Atlantis Radio to give his seat to another lawyer who had just entered. The reporter refused but was prevailed upon to do so.

The GNA reporter was also asked to leave her seat for a female lawyer but she declined and questioned why she should vacate her seat in a public gallery for a lawyer.

This, apparently, did not go down well with the lawyers who ordered her to “get up!”
Another reporter from the Daily Graphic who tried to intervene had her share of the heckling by another lawyer who sat behind her.

According to the reporters, the lawyers have no justification to ask them to vacate their seat in the public gallery.

The issue which dragged on even after the court proceedings attracted the attention of some senior lawyers who apologised to the media for the incident.

$2.5m Agro-Inputs Dev. Projects Launched

By Stephen K. Effah
Thursday, 27 November 2008

A 2.5-million-dollar project to boost agricultural produc-tivity by increasing the availability, accessibility and affordability of quality agro-inputs in the rural parts of the country was launched in Accra on Tuesday.

The three-year project, known as the Ghana Agro-Dealer Development (GADD), would support 2,200 agro-dealers and 150 seed producers to make agro-inputs more accessible to 850,000 small-scale farmers in order to lift them out of poverty through productivity.

Under the project, being funded by the Alliance for Green Revolution in Africa (AGRA), agro-dealers would be trained in business skills, safe handling and use of modern technology besides being linked to seed and fertilizer suppliers to be able to serve farmers effectively.

It would be implemented by the International Centre for Soil Fertility and Agricultural Development (IFDC) and the Ghana Agricultural Association Business and Information Centre.

Current statistics put the use of agro-inputs in the country at 10 per cent of the recommended levels due to the underdeveloped marketing system.

President of AGRA, Dr Namanga Ngongi, underscored the important role of agro-dealers in ensuring productivity noting, “nothing is more urgent than ensuring that farmers have access to the inputs they need to increase farm productivity”.

He said efforts to increase access to agro-inputs in Ghana and Africa in general has been a major challenge as a result of geographical locations, and therefore urged all stakeholders to ensure that it is addressed.

Dr. Ngongi urged Ghanaian small-scale farmers to significantly increase their use of improved seeds and other modern inputs so as to increase their crop yields and incomes.

Dr. Kofi Debra, IFDC Representative in Ghana, said the project would bring to an end the issue of late arrival of agro-inputs for farmers in the country.

He said to ensure that the agro-dealers stock up and expand their operation to the rural areas, 500,000 dollar credit guarantee to cushion commercial banks against losses and make more funds would be made available to them.

In a speech read on his behalf, Minister of Agriculture, Ernest Debrah, said that although Ghana depends on agriculture for economic development, it faces challenges arising from globalisation, climatic changes, increased petroleum and fertiliser process.

He said a draft seed, fertiliser and crop protection bills are being worked on by the ministry and would soon be placed cabinet, noting that the appropriate environment would be created to protect agro dealers, farmers and consumers alike when it is passed.

'Goodies' Jailed

By Stephen Kwabena Effah
Thursday, 27 November 2008.

Music producer, Isaac Abeiku Aidoo, popularly known as “Goodies,” and his wife, could not hold back their tears yesterday when an Accra Circuit Court handed him a 13-year jail term in hard labour for narcotic related offences.

Aidoo was sentenced to 13 years on each of the two counts of attempted exportation and possession of narcotic drugs without lawful authority. The sentence which took retrospective effect from April 23, 2008, will run concurrently.

The “extempore judgment” by the judge Mr. Mahamadu Iddrissu, came shortly after Aidoo pleaded for leniency because “I did not know that the substance I swallowed was cocaine.”

“My lord, I’m not a drug dealer and I have never involved myself in any drug problem before. I don’t smoke and don’t drink. How on earth would I put myself in this situation,” he pleaded in a trembling voice and with bowed head.

“I have not even seen cocaine before. I am somebody I don’t involve myself in such things. I did not know what I was carrying in my stomach. I am very humble” Aidoo pointed out at the end of his defence.

His wife, who sat alone at the back of the court room dressed in a red pair of trousers and a red-and-white top could not control her emotions as she also broke down in tears.

Aidoo, who is the Chief Executive of Goodies Music Production was sneaked from the court cells by Prison officers to prevent waiting press photographers from taking shots of him.

Although in court Aidoo wore a white decorated T-shirt over a blue pair of trousers when he eventually emerged from the cells he was in a green shirt.

Before he was taken from the courtroom to the court cell, his armed escort warned journalists not to take pictures of Aidoo when he was brought out.

In his “unsworn defence” in court Aidoo said that he was surprised when officials of the Narcotic Board told him that the substance he expelled upon his arrest in April 23 was cocaine.

“I was surprised because I never knew it was cocaine. I am very sorry for putting myself in such a situation. I have three children and a wife that I love so much and I am sorry I have disappointed them,” he said.

He therefore pleaded with the court for leniency, saying “I am pleading with you to give me mercy”.

Throughout the 20 minute defence, Aidoo, who appeared remorseful could not speak up and occasionally looked in the direction of his wife and then wiped his face with his palms.

The judge urged him to “take heart and put yourself together”.
Aidoo, told the court that he lived in Ghana but also worked in London raising funds to support
Ghana’s delegation to the Beijing Olympics.

He said he was going for a meeting in London when a spiritualist friend of his in London, whom he named as William asked him to bring him “something whose contents he did not know.

According to Aidoo, William told him that the thing was for spiritual purposes and didn’t want people to see”. He said William offered to give him 3,000 pound sterling upon delivery of the substance.

He said he was so overwhelmed by the huge sum promised him that he did not bother to find out the nature of the substance and readily agreed to the deal.

He said that on April 23, when he got to the airport, the narcotic officials asked him to surrender his travelling documents since they suspected him of carrying drugs.

“I told them no and I suggested to them to take me for an X-ray because I knew I was not having drugs.”

He said he was then taken to the 37 Military Hospital for an X-ray after which he was told that he had foreign materials in his stomach to “which I replied yes, but it’s not narcotic drugs”.

He was then taken to the Narcotics Control Board office “where I expelled the suspected drugs”, later, the officials told him that the substances he expelled were found to be cocaine upon testing by the Ghana Standards Board.

Mr.William Kpobi, Chief State Attorney, who led the prosecution team yesterday, described Aidoo’s defence as “overwhelming” and reminded the judge of the minimum sentence under the law for narcotics.

Responding to the plea, Mr.Mahamadu said he was not going to give him the minimum sentence under the law, but “he’ll definitely get beyond 10 years. In the circumstances I’ll give him 13 years”.

He said that the accussed had opportunity at the initial stages of the trial to have pleaded guilty and asked for mitigation of sentence, but for dragging the issue on, there was no way he would give him the minimum sentence.

Mr. Mahamadu said that the sentence is to send a signal to all that narcotic drug deals would not be countenance, in the country regardless of the personality involved.

He advised lawyers to examine cases thoroughly and dispassionately before taking them, so that they would not take “unpalatable cases”.

Judges Prepare For Poll Disputes

By Stephen K.Effah & Doris A. Antwi
Tuesday, 18 November 2008

SIXTY-FIVE judges and 10 experts in Alternative Dispute Resolution (ADR) are being prepared to effectively and expeditiously handle election related disputes that may arise from the December polls.

The two-day training workshop, which began yesterday for Court of Appeal and High Court judges, will expose the participants to the electoral process, as well as procedural and substantive laws governing the adjudication of electoral disputes and offences.

Chief Justice Georgina Wood who opened the workshop, noted that the specialized nature of electoral adjudication made it “absolutely imperative” that judges were sensitized on their role.

In view of the constitutional mandates of courts to resolve all electoral disputes arising from elections, she said, “it is crucial that judges are adequately prepared to meet the challenges of adjudicating petitions that may arise from the upcoming elections”.

Mrs. Wood said “non-violence is what Ghanaians are seeking, before, during and after the December 7, polls so that they can carry on with their legitimate business in a peaceful manner.

To this effect, she said “they are counting on all the agencies mandated to oversee the conduct of the elections to manage their affairs in such a manner as will promote and ensure free, fair and transparent elections.”

The Chief Justice said “Ghana has no option than to do everything within its power to consolidate and deepen its democracy, as well as build on the socio-economic gains made so far.

“Duty calls us to exercise our mandate competently, that is fairly, effectively and expeditiously in consonance with the mission statement of the judicial service,” she told the judges.

Mrs Wood said some people have understandably questioned the applicability of ADR in election adjudication but noted that “in the context of election related litigation, ADR is not about power sharing.

“Court-connected ADR is part of mainstream judicial practice and is already being patronized by willing parties at the District Courts in particular.

The Chief Justice said that the possibility that a dispute may revolve solely around computation of figures in which case ADR might prove a better alternative, should not be lost on them.

Chairman of the Electoral Commission, Dr Kwadwo Afari Gyan lauded the judiciary for the workshop which he described as timely, as Ghana goes to the polls.

He said that the work of the Commission is subject to judicial review; hence, equipping the judges on the electoral processes is important.

Judge Slams 3 Investigators

By Stephen K. Effah & Doris Antwi
Thursday, 20 November 2008

A Circuit Court Judge yesterday reprimanded three police investigators for their lackadaisical attitude towards cases before him, saying their behaviour was affecting the speedy trial of the cases.

At the court’s sitting yesterday, the judge, Iddrisu Mahamadu, did not mince words in rebuking Detective Corporal Anokye Amaniampong, a police investigator with the Nima Police, for continuously holding two accused persons in police cells since August 2007.

Mr.Mahamadu said although the records in the case dockets indicated that the two accused persons were in prison custody, they were indeed being held at the Nima police station.

This was after counsel in one of the cases drew the judge’s attention to the fact that Cpl. Amaniampong was holding his client in the Nima Police cells instead of Prison custody and had failed to bring the accused to court.

This information infuriated the judge who asked the investigator, who had just brought the accused to court, why he was holding the accused in police custody instead of prison custody.
Cpl. Amaniapong answered that he was keeping the accused in police custody because of transportation difficulties. That explanation did not go down well with the judge who remarked: “How dare you!”

“You think we are joking here! Without shame you can come here to tell us because of transportation difficulties you are keeping the accused in police custody, instead of prison custody”, the judge queried.

Mr. Mahamadu enquired: “Is it because the family members of the accused would bring food and bring you your share? How on earth can you do that? You have decided to write your own laws and implement them in your own ways.”

He said such attitudes of some investigators often fueled the perception the public had of the judicial system. “The impression is that there is some kind of corruption,” he added.

Ghana, he said, has good laws but the attitude of its people “is what is creating all the mess”.
Similarly, the judge expressed concerns about the attitudes of Hans Addai and Edward Asante, both police investigators who were not in court yesterday, noting that they had failed to bring narcotics exhibits in the case they were handling to court for an order for their destruction.

He said he even doubted whether the exhibits were still in the custody of the police in view of the failure on the part of the two investigators to bring them for destruction as required by law.

Mr.Mahamadu said that by law, once the plea of accused persons were taken, a large quantity of the exhibits must be destroyed to leave just a little amount to be used as evidence in the case, especially in the likely event of an appeal.

He said that it was important to let the public see those narcotic drug exhibits destroyed all the time.

He expressed disgust at the disappearance of the two investigators from court room anytime they brought accused persons.

Lotto Operators Press On With Legal Tussle

By Stephen Kwabena Effah
Tuesday, 11 November 2008

The Ghana Lotto Operators Association (GLOA) appears to be unrelenting in its legal struggle to ensure that it remains in business in spite of the ban on private lotto business operation in the country.

It has initiated yet another action at the Court of Appeal to restrain the National Lottery Authority from implementing the Fast Track High Court’s ruling of August 20, which outlawed the operation of private lotto business.

The application, expected to be moved on December 3, is in view of a pending determination of an appeal against the Fast Track High Court’s ruling.

An initial application filed on August 21 to stay the execution of the court’s decision, was thrown out last Tuesday by another Fast Track High Court, presided over by Justice K.A. Ofori-Atta, for lack of proper assertion of their right to law of equity.

The legal tussle between the NLA and the GLOA resulted from the passage of the National Lotto Act 722, which received presidential assent on December 27, 2006, and established the NLA.

In an affidavit in support of the application, the GLOA described the dismissal of their earlier application for injunction pending an appeal, as “wrong, improper and ultra vires”.

It is praying the Court of Appeal to restrain the NLA from interfering in their work or property rights while they await the determination of the appeal.

The GLOA said the appeal has good grounds and has a great chance of succeeding, given the serious errors that culminated in the August 20 ruling of Justice Asante.

“The refusal of the instant application would render over 500,000 people jobless when no compensation has been available to cater for their redundancy,” it stated.

The GLOA said a decision of the appellate court reversing the ruling of the Fast Track Court would be rendered nulled if the enforcement of the said ruling is not injuncted pending the determination of their instant appeal.

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

However, since the NLA raised the issue of constitutionality, the matter went to the Supreme Court because the law required that proceedings concerning such matters should be stayed for determination by the Superior Court to serve as a guide to the trial court.

On March 14, 2008, the Accra High Court, presided over by Justice Anthony Abada, granted an interlocutory injunction filed by the GLOA to restrain the NLA from interfering with the property rights of lotto operating businesses of the plaintiffs.

According to the court, the outcome of the case at the Supreme Court would guide it in its decision in the case because the issue of constitutionality had been raised by the NLA.

On July 23, the Supreme Court unanimously declared that the National Lotto Act 722, in no way violates the Constitution, especially the fundamental human rights provisions and the Directive Principles of State Policy, as stated by the GLOA.

It said that the GLOA is not at the mercy of the state in seeking to participate in the state’s regulatory lottery industry and directed that the licensing regime required to participate in the business has to conform to the standards in Article 296 of the Constitution.

0.3m GH Cedis To Be Disbursed Under CISP

By Stephen K. Effah
Saturday, 01 November 2008

The Cultural Initiatives Support Programme (CISP), is to disburse GH¢300,000 as small grant to individuals, associations and organisations engaged in the country’s arts and culture business to undertake activities and projects aimed at enhancing the sector.

This was announced by the Programme Coordinator, Kwasi Gyan-Apenteng, in Accra on Wednesday.

The CISP is a three-year programme prompted by the need for the country to make up for the shortfalls and weaknesses in the implementation of its cultural policy. The two million-euro grant is being provided by the European Union.

The programme in its first phase disbursed GH¢150,000 to 50 individuals and organisations in the sector for various programmes which sought to promote arts and culture as a means to fighting poverty.

With the launch, Mr.Gyan-Apenteng said, individuals and organisations in the sector have up to December 15, to submit proposals for consideration.

He said the grants to be disbursed were meant for activities and projects related to cultural heritage, performing and fine arts, crafts, film and audio-visual art, as well as language and literary arts.

He said the maximum grant to be given an individual, association or organisation under the second phase will be GH¢16,000, an increase over the GH¢5000 given under the first phase.

He said by January next year, all the processing and selection of beneficiaries would have been completed for contracts to be signed before disbursing the funds to them.

On eligibility, he said, the individuals or organisation applying must be recognised as being in the arts and culture field, either by registration with the Registrar General, the Centre for National Culture and District Assemblies among others.

The Coordinator said one of the main objectives of the programme was to create work and wealth in order to fight poverty through the undertaking of creative and artistic endeavours.

He said the first phase of the project was able to bring out the depth of talent and creative aspirations of the country; “but we are also equally aware of the extent to which lack of resources and support have stifled the nurturing of people’s creative talents.

“This is why this programme has come as a godsend for the creative sector and this fact is highlighted by the award of these grants,” he said.

Mr.Gyan-Apenteng said under the first phase, training workshops were organised for administrators of cultural institutions, theatre technicians, journalists reporting on culture, and craftsmen and women to equip them to be more effective.

He said such training workshops would be repeated in the second phase which he said was expected to attract an even bigger number of participants.

The co-ordinator said a monitoring and evaluation system had been put in place under the programme to ensure that the beneficiaries use the grants for its intended purpose and as well to put them on track in their projects.

A representative of the European Commission Delegation in Ghana, Ute Mohring, said the EU acknowledges the fundamental role of culture in societies, noting “Culture is recognised as an important part of EU cooperation with Africa”.

With CISP, she said, the EU intended supporting the National Cultural Strategy of Ghana by funding activities in the areas of human resource development, employment and income generation.

A member of the CISP Steering Committee, Diana Hopeson, described culture as the very fabric of life, hence its development should help the country’s development as well as its people.

She stressed the need to “preserve the country’s rich culture” so that our history will be preserved in that regard and urged all those in the sector to put in their proposal.

Two Lawyers Clash In Court

By Stephen Kwabena Effah
Wednesday, 05 November 2008

Tempers flared up yesterday at an Accra Fast Track High Court between two lawyers over an alleged improper transfer of a case from one judge to another.

The case is between the National Lottery Authority (NLA) and the Ghana Lotto Operators Association (GLOA).

What initially started as an argument between Aurelius Awuku and Kizito Bayuo, counsel for the GLOA and NLA, respectively, almost degenerated into personal attacks.It all began when Mr. Awuku drew the attention of then presiding judge, Mr K.A. Ofori-Atta to the fact that the case before him was not properly laid as required by law.

He explained that the case was before another judge, Justice Edward Amoako Asante, as at the last adjourned date. “We just heard that the matter is before you.

My clients are not aware of how the case was brought before you”, he said.

Mr Awuku argued that there was nothing on record indicating that the case had been transferred from Justice Asante to Justice Ofori-Atta stressing, that “the (court) registrar has no power to transfer case. It’s only the Chief Justice” who can do so”.

He said he was not aware of whether or not there had been any such transfer by the Chief Justice, and prayed the court to ensure that due process was followed. “Justice should be seen to be done”.

He alleged that “somebody just made a phone call and the case was brought before Justice Ofori-Atta,” he advised the judge to wash his hands from it (the case) if proper procedure for case transfer is not done.

“I’m prepared to vouch. He said, adding that “there are other matters I do not want to say at the Bar”, Mr Awuku said.

“As far as we are aware, the case is before Court One (Justice Asante). There is no order from the Chief Justice that the case has been transferred to High Court Two (Justice Ofori Atta),” he pointed out.

But Mr.Bayuo, unhappy about the allegations by his colleague retorted: “How much are we getting from this case? What I have in this case is my reputation.”

He described Mr.Awuku’s attitude as “most reprehensible” and said, “That’s the end of our friendship”. With this, he angrily hit his table with his hands.

Mr. Bayuo said Mr Awuku’s action inferred that Justice Ofori-Atta was corrupted. “You should be bold to say he is corrupted.”

The development prompted Justice Ofori-Atta to calm down the nerves of the two lawyers who had otherwise, had cordial relationship. They then apologised for their actions after the court’s intervention.

Justice Ofori-Attah condemned the action by the two lawyers noting that it was the first time he had seen and heard them do that, adding “this is not proper,” and warned them not to let that happen again.

On how the case was brought before him, Justice Ofori-Atta said that it was brought to him in his chambers by the Court Registrar in view of the fact that Justice Asante was on his annual leave.

In the case, the GLOA is seeking an interlocutory injunction to stay the execution of a ruling by an Accra Fast Track High Court which outlawed the operations of private lotto in the country.

The GLOA and six others filed for stay of execution of the court’s decision pending the determination of an appeal against the ruling, but the court at yesterday’s sitting refused to grant the injunction.