NPP will not prosecute Journalists on criminal libel law
Supreme Court rules in favour of Hawa Yakubu
Businessman remanded for fraud
Accra (Greater Accra) 17 Jan 2001
Ms Elizabeth Ohene, Public Affairs
Adviser to the President on Tuesday said no journalist will be prosecuted under
the criminal libel law by the New Patriotic Party (NPP) government.
Contributing to a Radio Ghana
programme, "Godwin on the Beat", Ms Ohene said, there is difference
between the right to information bill and the criminal libel law.
The right to information bill
seeks to empower researchers and journalists to request for information from
government officials, to have access to information without let or hindrance on
some key issues for public consumption.
It is believed in some circles
that the right to information would prevent journalists from falling into the
dangerous yawning mouth of the criminal libel law that have come under attack
for repeal.
Top journalists who contributed to
the programme, with Mr Godwin Avenorgbor, Acting Director of Radio, Ghana
Broadcasting Corporation as host, also discussed accreditation of journalists
to cover the Presidency.
The panel comprised Professor
Kwame Karikari of the School of Communications Studies, Legon, Mrs Gifty
Affenyi-Dadzie, President of the Ghana Journalists Association and Mr Yaw
Boadu-Ayeboafoh, Executive Secretary of the National Media Commission.
They were of the consensus that
journalists should be adequately equipped to make them independent in the
discharge of their duties.
This will eliminate the tendency
for journalists to sacrifice their professional efficiency for favours from
newsmakers.
Mr Boadu-Ayeboafoh said those who
cover the President should not be more equipped than the correspondents in the
rural areas, especially those in the Northern regions or those engaged on other
beats.
He said journalists should be bold
to defend their work because "many top level officials know next to
nothing about journalism".
Mr Avenorgbor said the position of
journalists could be compromised if they have to depend on politicians or other
newsmakers for transport to send them to and from assignments.
The panel shared the view that
senior journalists should cover specific important issues on which they could
become authorities and be able to write memoirs for public edification.
Mrs Affenyi-Dadzie said the GJA
will continue to fight for the repeal of the criminal libel law.
GRi../
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Supreme Court rules in favour of Hawa
Yakubu
Accra (Greater Accra) 17 January 2001
The Supreme Court on Tuesday stopped the re-count of the ballot papers in the Bawku Central Constituency in the December 7 elections.
This followed an order of certiorari filed by Nana Akufo Addo, counsel for Madam Hawa Yakubu, the New Patriotic Party (NPP) candidate who was declared winner of the seat.
The suit asked the court to quash a Bolgatanga High Court order for the re-count and collation of the ballot papers.
The Supreme Court, presided over by Mr Justice E.K. Wiredu awarded 1.5 million cedis cost against the respondent, Hajia Fati Seidu, the National Democratic Congress (NDC) candidate.
The court deferred reasons for its ruling to Wednesday January 24.
After the Electoral Commission (EC) had declared the results of the election, Hajia Seidu filed a petition at the Bolgatanga High Court challenging them.
When the case came up for hearing, Mr Justice Gilbert Mensah Quaye, ordered the re-count, but before the order could be carried out Madam Yakubu sought the Supreme Court's order to quash the high court's decision.
In the circumstances, Mr Justice Quaye adjourned the case "sine die" saying the Supreme Court's order supersedes his.
He, however, ordered that the ballot boxes be kept at the offices of the EC at Bolgatanga under a 24-hour surveillance by the police.
In his submission, Nana Akufo Addo said the petitioner in the high court case failed to serve his client, who was only informed by party agents in Bolgatanga.
He said the decision by the High Court to proceed with the hearing without his client is a "flagrant breach of the rules of natural justice."
Nana Akufo Addo said the petition was premature, as it should be filed 21 days after the EC had published the results in the gazette.
The court was, therefore, "not clothed with jurisdiction to hear it," he said, adding, "the proceedings and the order of the court are thus a nullity."
He, therefore, urged the court to set aside the proceedings and orders of the high court.
Nana Akufo Addo argued that the petition does not make any allegation of corrupt practice against his client neither does it specifically allege the payment of money or other award.
The petition, he said, is therefore "caught squarely by the prescription in section 18(1) of PNDC Law 284".
The law, he said, states that an election petition of the nature filed by Hajia Seidu ought to be done within 21 days after the date of the publication of the election results in the gazette.
He explained that as at the time of the filing of the petition on December 28 the EC had not published the results of the Bawku Central Constituency in the gazette making the petition premature.
Nana Akufo Addo argued that since the power of the High Court to hear election petitions is expressly governed by statute as stated in section 16 of PNDC Law 284, its jurisdiction could only be properly invoked as provided for in section 18(1) of that same Law.
"A petition that is brought outside the time frame indicated in section 18(1) cannot clothe the High Court with jurisdiction, and the hearing of any such petition will result in the proceedings and any ruling and orders made there under being declared a nullity."
Mr Kwaku Baah counsel for Hajia Seidu said he was not opposing the application, and therefore contended that the directives by the court will help solve the matter.
"We are asking for your ruling on the matter to guide everybody," Mr Baah told the court.
Mr. Johnny Quarshie-Idun, Counsel for the EC, said they are relieved by Mr Baah's position.
Other members of the panel were Mr Justice George Acquah, Mr Justice E.D.K. Adjabeng and Mr Justice William Atuguba.
The rest were Mr Justice George Lamptey, Mr Justice Kwame Adzoe and Ms Justice Sophia Akuffo.
GRi…/
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Accra (Greater Accra) 17 Jan. 2001
An Accra Circuit Tribunal on
Tuesday remanded a businessman in custody for collecting 3,500 dollars, 120,000
cedis and two air tickets from Ms Christian Anim, a trader, under the pretext
of securing visa and other travelling documents for her.
Sam Sey pleaded not guilty to
defrauding by false pretences. The case is rescheduled for January 18.
Presenting the facts of the case,
Police Inspector Joseph Kwame Anneh told the tribunal, chaired by Mr Mohammed
Nabon that the complainant is a trader and lives at Bubuashie in Accra.
He said on May 31 last year, Sey
collected the moneys and the tickets from Ms Anim who sought the assistance of the
accused, to enable her to secure valid documents to join her relatives.
Inspector Anneh said when Sey
collected the moneys and the tickets he failed to honour his promise to assist
Ms Anim, but rather used the money to prepare his documents.
According to the prosecutor, at
about 23.30 hours on August 11 last year, Ms Anim spotted Sey at the Kotoka
International Airport, about to travel to New York.
He said with the assistance of
some policemen on duty at the airport, Sey was arrested. He then pleaded for a
month in order to refund the money, but he failed to do so.
GRi../
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