Judge cautions against unsubstantiated
accusations
Accra (Greater Accra) 27 February 2002- The Supreme Court would rule on an application brought before it by Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), challenging the legality of the Fast
Track Court (FTC).
The nine-member panel presided over by Mr Justice Edward Kwame Wiredu gave the date after listening to submissions from counsel on both sides at its sitting on Tuesday.
The other panellists are Mrs Justice Joyce Bamford Addo, Mr Justice A.B.K. Ampiah, Mr Justice F.Y. Kpegah and Mr Justice E.D.K. Adjabeng. The rest are Mr Justice George Acquah, Mr Justice Williams Atuguba, Ms Justice Sophia Akuffo and Mr Justice Kwame Adzoe.
In his submission, Mr Emmanuel Victor Oware Dankwa, counsel for Tsatsu, argued that the FTC was unknown in the Constitution. Counsel said in making provision for the administration of justice, the Constitution did not establish any court known as FTC.
Quoting portions of the 1992 Constitution to buttress his point, Mr Dankwa said justice emanated from the people and should be administered in the name of the Republic by the Judiciary, which shall be independent and subject only to the Constitution.
Counsel further argued that under Article 126 (1) of the 1992 Constitution, the Judiciary shall consist of the Superior Courts of Judicature comprising the Supreme Court, the Court of Appeal and the High Courts/Regional Tribunals.
Apart from these, counsel contended that there should also be such lower courts or tribunals as Parliament may by law establish, and that "nowhere is there provision for a FTC or has Parliament under Article 126 (I) (b) exercised its power to establish any FTC." Based on this argument, Mr Dankwa's said the FTC had no jurisdiction to try his client, and therefore prayed the Supreme Court to consider his application.
Replying, Nana Addo Dankwa Akufo Addo, Attorney-General (A-G) and Minister of Justice stated that Section 69 of the Courts Act gave the Chief Justice the power to create courts and to determine the manner in which those courts should conduct their proceedings.
The FTC, he said, was no exception, since it was the CJ, who inaugurated it to facilitate the expeditious dispensation of justice as enshrined in the
Constitution.
The A-G said since the FTC had been instituted with authorised officials by the CJ, there was no constitutional issue before the Court. Nana Akufo Addo, therefore, prayed the court to dismiss the motion, which, he said, was entirely without merit.
Earlier, counsel for Tsatsu had wanted the court to first hear an injunction restraining the "purported FTC" from proceeding with the trial of his client. After the Panel had drawn his attention to the fact that the substantive matter should take precedence over the injunction, counsel obliged.
On Monday, February 11, counsel for Tsatsu filed the motion seeking for constitutional interpretation of the existence of the FTC. When Tsatsu was arraigned at the FTC the following day, counsel drew the court's attention to his client's motion pending at the Supreme Court challenging the constitutionality of the FTC.
After Mr Justice Julius Ansah, the trial judge, had entered a plea of not guilty for Tsatsu for wilfully causing financial loss of 2.15 billion cedis to the State, he admitted him to a self-recognisance bail of 500 million cedis.
Consequently, he adjourned proceedings for two weeks to enable the Supreme Court to first hear his motion. The Prosecution alleged that Tsatsu circumvented laid-down corporate objectives of GNPC, by-passed its Board and on his own committed the corporation to guarantee a loan of 5.5 million French francs.
The loan was granted by the French Aid Agency called Caisse Francaise de Developpement and given to Valley Farm, a private cocoa-growing company in which GNPC held an initial 17.39 per cent equity shares.
The Prosecution said when Valley Farm became distressed and defaulted in payment Tsatsu without prior approval of the GNPC Board paid CFD the principal loan plus interest totalling 6,919,123.23 French francs out of the corporation's operational funds.
This act adversely affected the financial status of GNPC, hence a loss to the State, it said. In another development, an Accra Circuit Tribunal on Tuesday dismissed a case involving Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) for causing loss through carelessness to public property.
This followed a Nolle Prosequi filed by the Director for Public Prosecution (DPP), Mr Osafo Sampong on February 7 indicating that the case should be discontinued and the accused discharged.
Tsatsu has now been arraigned at an Accra Fast Track Court. The Nolle Prosequi reads: "Take notice that the state intends that proceeding against the accused person be discontinued."
When the case was called, the accused and his defence counsel as well as the prosecution were absent. The tribunal chaired by Mr Ziblim Imoru ruled that the case be dismissed "as the state has entered a no prosecution."
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New Pro-Vice-Chancellor for University of Ghana
Accra (Greater Accra) 27 February 2002- The Council of the University of Ghana has appointed Professor Edward Ofori-Sarpong as the Pro-Vice-Chancellor of the University for a two-year term.
A statement by the University Relations Office said he would serve from March 1, 2002 to February 29 2004. He replaces Professor Josef K. Amuzu, who would leave office by February 28 after serving two consecutive terms of two years each.
The statement said the Council nominated Prof. Ofori-Sarpong, currently the Dean of the Faculty of Social Studies, for appointment after election by members of Convocation of the University of Ghana. As Pro-Vice-Chancellor, his duties would include acting in the absence of Vice-Chancellor.
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Accra (Greater Accra) 27 February 2002- Riot Police on Tuesday dispersed demonstrating students of polytechnics who had blocked traffic from the main Tudu road to Railway station area.
The windscreens of three police patrol cars were smashed with stones while louver blades of some windows of Accra Polytechnic were broken by the students who had been protesting to push the government to review their grading system. Dr Kofi Kesse Manfo, Greater Accra Regional Police Commander, told the Ghana News Agency the police are looking for the ringleaders of the demonstration.
He said 20 students were arrested and three were injured. "Most of them have now evacuated the school's premises (Accra Poly) while pockets are in town," Mr Manfo said.
Mr Vincent Martey, SRC President of the Cape Coast Polytechnic, told the GNA that there was the need for government to show more commitment toward resolving the impasse between the Polytechnic Students and the government.
He said although the issues confronting the Polytechnics were many, the government had so far been silent on their plight. He said although various committees had been formed by the government, those committees hardly ever came out with reports to ease the situation.
Mr. Martey said the main cause of the clash with the police was when the police insisted on allowing only 30 students into the Castle to present a petition. He said the other students tried to force their way into the Castle, which resulted in the reaction of police reaction. Mr Martey stated that if the government refused to address the situation, the students might have to advise themselves.
Dr Manfo told GNA earlier in the day that the students were arrested when they insisted on entering the Castle to begin a hunger strike at the Castle Gardens. He said the students threw stones at the police and security personnel at the entrance of the Castle and the police responded by spraying water canons on them.
Dr Manfo said he had had four hours of talks with them and tried to convince them not to carry out their hunger strike in the Castle, but they insisted and began their demonstration.
He said the deputy government spokesman Mr Kwabena Agyepong had appealed to the students to stop the demonstration as the government was looking into the matter.
All the polytechnics have been on strike since January and the Ghana National Union of Polytechnics Students (GUNPS) says it would resume lectures on condition that the government suspended the new performance grading system to allow proper negotiation to take place.
"Until there is a temporary suspension of the new grading system, we are not going back to the classrooms, whether it is going to take them a century to come out or not, we shall continue to boycott lecturers," Mr Rashid Yakubu, the National GNUPS President said in January when they embarked on another demonstration.
Under the new performance grading system, 50 per cent is the minimum pass mark. The students, in a petition through the Minister of Education, Prof. Ameyaw-Akumfi, called on President John Agyekum Kufuor to intervene, as a matter of urgency, in the impasse between the Ministry of Education, the National Board of Polytechnic Examination (NABPEX) and the student body.
The students listed six major problems of the polytechnics and said until they were addressed, the new grading system would remain unfair. The problems were the academic progression of the Higher National Diploma (HND) Graduate, job placement of the HND graduate, autonomy of the polytechnics, lack of adequate academic and administrative staff, infrastructure (both academic and residential) and the implementation of Ken P. Brown and Professor F.O. Kwami's reports.
Prof. Ameyaw-Akumfi attributed the problem to communication gap, saying; "it is unfortunate that most of the students are not aware of what the government has started doing about this matter".
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Accra (Greater Accra) 27 February 2002- Mr Jake Obetsebi-Lamptey, Minister of Information and Presidential Affairs, on Tuesday, condemned an attack on Police personnel by demonstrating Polytechnic Students at the precincts of the Osu Castle, in Accra.
A statement signed by the Minister in Accra, stated that, "the Government condemns the resort to unnecessary violence and unwarranted attack on the Police by the students".
The students, who had been on strike since January to press home their demand for a review of a new grading system, had listed six major problems facing the polytechnics and said until they were addressed, the new grading would remain unfair.
The problems were the academic progression of the Higher National Diploma (HND) holders and their job placement, autonomy of the polytechnics, lack of adequate academic and administrative staff, infrastructure (both academic and residential) and the implementation of the Ken P. Brown and Professor F.O. Kwami reports.
The demonstrators who hitherto had been peaceful were to present a petition to the government and begin a three-day hunger strike at the Castle Gardens. Mr Obetsebi-Lamptey said the incident was unfortunate, "especially coming within 24 hours after the National Union of Ghana Students (NUGS) had condemned the upsurge of students violence".
The Statement appealed to the students to return to the classroom and to give negotiations and peace a chance for an amicable resolution of their concerns. The Ghana National Union of Polytechnics Students (GUNPS) said it would resume lectures on condition that the government suspended the new performance grading system for "proper negotiation" to take place.
"Until there is a temporary suspension of the new grading system, we are not going back to the classrooms, whether it is going to take us a century to come out or not, we shall continue to boycott lecturers," Mr Rashid Yakubu, the GNUPS President said in January during a demonstration. Under a new performance grading system, the minimum pass nark is 50 per cent. A total of 20 students were arrested, while three sustain varies degree of injuries.
Dr Kofi Manfo, Greater Accra Regional Police Commander, told the Ghana News Agency that those arrested would be arraigned before court on Wednesday for rioting.
He explained that the students threw stones at the Police and security personnel at the entrance of the Castle and the Police responded by using water canons to disperse them.
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Judge cautions against unsubstantiated accusations
Bolgatanga (Upper East) 27 February 2002- A Bolgatanga Circuit Court Judge, Mr Justice Albert Kuoro, on Tuesday, warned the public to desist from branding people thieves when in fact they have not been found guilty and convicted by a competent court. He said anybody wrongly accused as a thief had every privilege to sue his accusers for huge sums for defamation of character.
The judge was presiding over a case, in which one Adombilla Adongo, a farmer had been arraigned before the court charged with stealing a dog valued at 80,000 cedis.
Mr Kuoro made the remark, when the complainant, Abambilla Adongnaba, Assemblyman for Yarigabisi near Bolgatanga, openly called the accused person a thief in the witness dock when he was being cross examined. The judge said under no circumstances should anybody be branded or called a thief when no court of competent jurisdiction had convicted the one.
He said in law, "no multitude of suspicion is a proof" adding that, a charge of stealing must be properly proved. The Judge granted accused 500,000 cedis bail and adjourned judgement for Wednesday February 27. He said two witnesses and the investigator in the case could not establish the charge of stealing against the accused
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Accra (Greater Accra) 27 February 2002- Ghana's 45th Independence Anniversary, under the theme: "Discipline - An Essential Tool for National Development," starts on Wednesday with the hoisting of the national flag and display of buntings throughout the country.
A statement issued by the National Celebrations Planning Committee in Accra said a Veteran's Parade would be held on Thursday and Muslim prayers would be held in mosques on Friday.
On the same day, the finals of the Independence Day National Schools Debate would come on at 1000 hours, according to a statement signed by Mr James Ampadu, acting director of the Information Services Department.
There would be a Military Open Day on Saturday, March 2, during which the Ghana Armed Forces would open its doors to the public, including students. Activities for the day would include Sea and Air expedition for pupils. Christian Thanksgiving Services would be held throughout the country and at the Independence Square in Accra on Sunday.
At 1500 hours on the same day, champion club Accra Hearts of Oak and FA Champions Kumasi Asante Kotoko would contest for the Independence Cup at the Accra Sports Stadium.
The statement said a public lecture would take place at the Teachers' Hall at 1000 hours. On Tuesday, March 5, President John Agyekum Kufuor would present the President's Independence Day Scholarship Awards and prizes to the winners of the National Schools Debate at the State House at 1100 hours.
At 1900 hours on the same day, the Actors Guild of Ghana in conjunction with Radio Gold, would stage the Re-enactment of the Declaration of Ghana's Independence at the Kwame Nkrumah Mausoleum.
The climax of the celebration, the statement said, would be a parade of security services and school children at the Independence Square on Wednesday, March 6 at 0700 hours, where the President would deliver the Independence Anniversary address.
Similar parades would be held at the regional and district capitals.
The anniversary committee appealed to Ghanaians to participate fully in the various programmes and ensure that the anniversary takes precedence over all national events in line with the President's directive.
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Kumasi (Ashanti Region) 27 February 2002- Thirty members of the Kumasi Metropolitan Assembly (KMA) have requested the Presiding Member of the assembly to summon an urgent meeting of the assembly within seven days to call for a vote of no-confidence in Mr Maxwell Kofi Jumah, the Metropolitan Chief Executive. This is in accordance with Part Two Section 4 (b) of the standing orders of the district assemblies.
A letter signed by all the 30 members and copied to the Minister of Local Government and Rural Development, said they had resolved that due to the numerous administrative lapses, which he had failed to address to the satisfaction of the assembly, they had asked the Presiding Member to invite the Electoral Commission to set a date for a vote of no-confidence to be held. They said they were doing this having obtained the support of one-third of the members of the assembly as stipulated by the Local Government Act 462.
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Defiled victim abandons parental home, vows to marry the accused
Accra (Greater Accra) 27 February 2002- A fifteen year-old girl, who was allegedly defiled by a driver's mate has absconded from her parental home and vowed to marry the mate after he was remanded in custody.
The victim's mother, Ms. Elizabeth Tawiah Acquah told the court that her daughter had vowed that even if the accused were jailed for 30 years, she would still marry him. The victim broke down in tears when Jerry Ankrah, 19, was remanded in prison custody for sentencing after pleading guilty to defilement by the court last Tuesday.
According to the victim's mother, the victim is nowhere to be found. The case has been adjourned to March 1. Prosecuting, Police Inspector Emmanuel T. Boison told the tribunal, chaired by Mr. Imoru Ziblim that last month, the victim left the house without her parents' knowledge.
The prosecutor said later Ms. Acquah got wind that the accused had harboured the victim at his room at Labone in Accra and had been having sex with her. Inspector Boison said Ms. Acquah made a report to the police and Ankrah was arrested. During interrogations, Ankrah admitted having defiled the victim but maintained that she is her lover.
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Accra (Greater Accra) 27 February 2002- An Accra Circuit Tribunal on Tuesday revoked a 10 million cedis bail bond granted to Tamara Botsio, proprietor of Tamara Restaurant for failing to appear before it. Tamara is alleged to have defaulted in paying for three dogs worth 2,300 dollars belonging to one Justice Kissi Eyimah.
She pleaded not guilty and had been granted 10 million cedis bail with a surety. When the case was called, Police Inspector Emmanuel Boison prayed the court to revoke the bail granted the accused and a bench warrant issued since the accused had been failing to attend court.
Inspector Boison noted that anytime accused was absent and a warrant was issued, she came with a counsel to plead on her behalf, but she always repeated it. Tamara will reappear on March 11. The persecution told the tribunal, chaired by Mr Imoru Ziblim that in May this year, Tamara rang Mr Eyimah and asked him to supply her with four dogs and two kennels. These were supplied at 2,300 dollars.
Tamara made 800 dollars as part payment to Mr Eyimah and pleaded for time to pay the balance. In June last year, Tamara rang again and informed Mr Eyimah that a friend of hers also needed another three dogs but would pay for them immediately.
Tamara asked Mr Eyimah to write the invoice in her name, but she failed to pay the exact cost of the three dogs. She paid an additional two million cedis to Mr. Eyimah for the first consignment and promised to collect the rest of the money from her friend to pay up.
The prosecution said when the time to pay was due, Mr Eyimah demanded his money from Tamara but she did not pay. Mr. Eyimah then refunded the 800 dollars as well as the two million cedis to her and retrieved four of the dogs. All efforts made by Mr Eyimah to retrieve the rest of the dogs or the money failed.
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