GRi in Court Ghana 25 - 01 - 2001
Supreme Court gives reasons for ruling on Hawa’s case
Two in court for causing financial loss to
state
Car thief jailed for eight years
Accra (Greater Accra) 25 Jan 2001
The Supreme Court on Wednesday stated that there must be sound policy considerations underlying the need to mount election petitions only after the Gazette publication of the results of an election in cases where no corrupt practices are alleged.
This formed part of the court's reasons to back its January 16 unanimous ruling that stopped the Bolgatanga High Court from ordering the recount of the votes in the December 7 Parliamentary election in the Bawku Central Constituency.
The seven-member panel chaired by Mr Justice E K Wiredu, pointed out that the period before the publication of the results may be used either by dissatisfied candidates or their agents to seek amicable resolution of their complaints with the Electoral Commission (EC).
The court explained that Section 18 (1) of PNDC Law 284 makes it clear that petitions bordering on corrupt practices in which money or other award is alleged to have been paid, the petition should be filed within 21 days after the date of the alleged payment.
It stated, however, that in all other situations, an election petition is to be presented within 21 days after the date of Gazette publication of the results of a disputed election.
The court contended that since Section 18 (3) unambiguously provides that the stipulated time limit of 21 days shall not be extended, the High Court has no power to grant an extension of time in respect of this 21 days time limit.
The court pointed out that as to when this election petition was filed at the Bolgatanga High Court, whether on December 15, 2,000 as stated in the Notice of Discontinuance, or on December 28 as stated in the petitioner's statement of case, is not the bone of contention.
In the opinion of the court, what maters is the undisputed fact that the petition was filed before January 5.
Consequently, the court upheld the validity of counsel for Madam Hawa Yakubu, Nana Akufo Addo's contention that "the petition is premature".
The Supreme Court said in its ruling that although the Bolgatanga High Court ordered the re-counting of the votes on January 6, Madam Yakubu, NPP Member of Parliament for Bawku Central, was not given the opportunity to be heard or even to be present at the re-counting.
The court said; "the order indeed threatened punishment for anyone who gets nearer the venue for the re-counting", and therefore concluded that such an order cannot certainly be permitted to stand.
Other members of the panel were Mr Justice E.D.K. Adjabeng, Mr Justice George Acquah, Mr Justice William Atuguba, Mr Justice George Lamptey, Mr Justice Theodore Kwami Adzoe and Ms Justice Sophia Akuffo.
GRi../
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Two in court for causing financial loss to
state
Takoradi (Western Region) 25 January 2001
Daniel Owusu, a former accountant at the Half Assini Government Hospital, and Thomas Yaw Dzebu, a financial officer at the Jomoro District Assembly, on Wednesday appeared before the Western Regional Tribunal charged with conspiracy and fraudulently causing financial loss to the state.
Their pleas were not taken because of a preliminary objection raised by their counsel against the charges. The tribunal adjourned the case to February 14 for ruling on the objection.
Mr. Charles Ofori of the Serious Fraud Office (SFO) said sometime last year, the government released about 273 million cedis for the procurement of certain items for government departments in the Jomoro District.
He said Owusu and Dzebu took 193million cedis of the amount for their personal benefit and used the remaining sum on the provision of sewerage facilities at the hospital.
GRi…/
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Sunyani (Brong Ahafo ) 25 Jan. 2001
The Sunyani Circuit Tribunal on Wednesday jailed a 21-year-old fitter for eight years in hard labour for stealing a taxicab valued at 15 million cedis.
Kwadwo Gregory, who is said to be the son of a police officer in Accra, was also sentenced to another three years in jail for posing as a police officer attached to the Interpol. The two sentences are to run concurrently.
Gregory was convicted on two counts of stealing and falsely pretending to be a public officer by the Sunyani Community Tribunal Two on January 18, this year but was remitted to the circuit tribunal for sentencing on Wednesday.
The tribunal chairman, Mr. Wilson Adjei, had explained that his tribunal did not have the power to impose the kind of sentence Gregory deserved for his crime, hence his decision to remit him to the circuit tribunal.
Gregory had pleaded guilty on both counts and was therefore sentenced on his own plea.
On December 3, 2000, Gregory travelled to Sunyani from Accra and managed to steal a taxicab, which was under repairs at the Sunyani Magazine.
He then took the car to Accra and fitted it with a new registration number - YP 42 XT - but it was impounded by Nima Police on suspicion that it was a stolen car.
When asked to produce evidence of ownership, Gregory failed to do so and returned to Sunyani where he posed as a police officer attached to the Interpol and asked to be sent to the owner of the cab.
When Gregory was sent to the cab owner at Berekum, he repeated his earlier claim of being Sergeant Alex of the Interpol who had intercepted the stolen cab at the Obuasi barrier.
Gregory then asked the owner to give him the documents on the car so that he could facilitate its return to him.
Overjoyed by the turn of events, the owner gave him 100,000 cedis as an expression of gratitude and asked his driver to accompany Gregory to Obuasi for the car.
"But as soon as they got to Kumasi Kejetia, Gregory managed to outwit the driver and vanished into thin air."
Fortunately for the owner, Gregory on his visit to Berekum, was spotted by a person who knew him in Accra. He tipped the police in Accra who arrested him.
The chairman of the circuit tribunal, Mr. Bright Dzeble, said the tribunal was moved to be a bit lenient with Gregory for readily admitting his offence and expressed the hope that he would make better use of his life on his release.
Mr. Dzeble ordered that the taxicab be released to the owner. As he was led away after the sentence, Gregory, who claimed to be a native of Nandom, looked on remorsefully and speechless as some relatives of the owner of the cab demanded the return of the 100,000 cedis paid to him at Berekum.
GRi../
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