Two editors appeal against court decision
Court restrains Assembly from enforcing directive
Two editors appeal against court decision
Accra (Greater Accra), 9 Feb.
Two editors who are being tried for publishing articles likely to injure the reputation of the government yesterday
filed an application for stay of proceedings following an appeal they have made against a circuit court's decision to
continue with the case.
Kofi Coomson, editor-in-chief of the "Ghanaian Chronicle", and Eben Quarcoo, former editor of the "Free
Press", who have pleaded not guilty, filed a motion while the case was going on to abort the trial and acquit and
discharge them.
The accused in their statement of claim said President Jerry John Rawlings allegedly made public
statements on the subject matter of the rial and that those statements were prejudicial to the case.
On January 27, this year, the court, presided over by Mr Victor Ofoe, dismissed the motion as
"unmeritorious" and ordered that the trial of the accused must go on.
Dissatisfied with the court's decision, Coomson and Quarcoo filed a notice of appeal and consequently filed
the application for stay of proceedings until the final determination of the appeal.
Mr Akoto Ampaw, attorney for the accused persons, giving reasons for the appeal, said the court " erred in
law in holding that the application for aborting the trial be dismissed.
He said it is the court's view that should the application be upheld, ''it would be setting a bad precedent
which would allow the President or any highly-placed public official to abort a trial he wants to stop simply
by intentionally making prejudicial comments on the trial to the press".
Counsel stated further that the court "missed the point and erred in law by dismissing the application on the
grounds that, as a judge, he had sworn an oath to uphold and deliver justice impartially without fear or favour
and as such he could not be influenced by comments of the President".
He stated that the court "erred in law when it held that upholding the application would defeat the
separation of powers principle enshrined in the constitution since it is rather allowing the President to make
prejudicial comments on the trial, threaten and attack the court, judge and potential witnesses with impunity which
rather mutilates the separation of powers principle". The court adjourned to February 17 for Mr Martin Amidu,
Deputy Attorney-General, to reply to Mr Ampaw's submissions.
Notwithstanding the application, the court allowed the prosecution to call its fourth witness, Deputy
Superintendent of Police (DSP) Kwasi Korankye Amoah to give evidence.
DSP Amoah, presently District Commander at Hohoe, said until his transfer to Hohoe, he was with the
Economic Crime Bureau of the Police when the case was referred to him for investigations in February,
1996. Witness said he took statements from Coomson and Quarcoo as well as some witnesses in the case.
The prosecution tendered the statements of the accused.
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Court restrains Assembly from enforcing directive
Accra (Greater Accra), 9 Feb 1999
A Koforidua High Court yesterday restrained the New Juaben Municipal Assembly from enforcing its directive that
parents pay basic rates as a condition for the admission of their wards into basic schools.
The order followed the granting of an ex-parte motion for an order of interim injunction filed by the
Concerned Parents and Teachers Association (CPTA) against the assembly and its chief executive, as well
as the Minister of Education.
The court, presided over by Mr Justice G.E. Twum, directed that the order is to remain in force for a period
of one month from the date of the order unless otherwise revoked or varied.
The judge further ordered that the defendants are to be served with the order and that the CPTA should
repeat the application on notice within one month.
In its statement of claim, the association contended that the decision to link the payment of annual basic
rates by parents to the admission of their wards into basic schools threatens children's right to education.
The plaintiff said a pupil cannot be punished in any manner for the default of their parents in discharging
their civic or other responsibilities.
It is, therefore, seeking declarations to that effect, in addition to a perpetual injunction to restrain the
defendants from enforcing the directive.
Last week, the assembly made the payment of annual basic rate by parents a condition for gaining
admission for their wards into basic schools in the municipality.
The assembly's directive stated that pupils are to present photo-copies of their parents' basic rate receipts to
headmasters of their prospective schools before they are admitted.
The headmasters are also required to accept only receipts of the Municipal Assembly's basic rate which has
been increased from 200 cedis to 500 cedis and not any other receipts from any district assembly.