UST Council asked to use 1998 Search Committee's report
Farmer allegedly murders herdsman
Supreme Court dismisses appeal
Three persons charged with smuggling
UST Council asked to use 1998 Search Committee's report
Kumasi (Ashanti Region) 26 July '99
A Kumasi High Court on Friday ordered the University of Science and Technology (UST) Council to appoint a vice-chancellor, using the 1998 Search Committee's report as the reference point.
The court presided over by Mr Justice Gilbert Mensah Quaye, asked the Council to discharge its functions according to rules of reason and justice.
The court was ruling in the case in which Professor Albert Owusu-Sarpong, Dean of the Faculty of Social Sciences of the UST, sought three relieves from the court.
He wanted the UST Council, in the exercise of its power to appoint a vice-chancellor, to follow its own earlier resolution to accept and endorse the report of the Search committee.
Prof. Owusu-Sarpong asked the court to give an order compelling the UST and the UST Council to follow and be bound by the already established precedence and convention for the appointment of the vice-chancellor.
He also sought a relief for an injunction to restrain the defendants and their servants or agents from acting in a manner contrary to or prejudicial to the interest of the plaintiff in the course of the selection and appointment of the vice-chancellor.
Mr Justice Quaye, in his 125-minute ruling, asked the UST Council to exercise its power within the limits to appoint an honest and competent man as the vice-chancellor.
In dismissing the first two relieves sought by the plaintiff, said there is no evidence of a procedure before the court that the Council cannot vote on the Search Committee's report.
The UST Council could resort to voting if the circumstance demand it and fairness, sufficient evidence and reasonable justification back the voting, he said, stating that each of the three short-listed candidates is qualified to be appointed as a vice-chancellor.
"Where circumstances demand, voting cannot be ruled out. The fact that one UST Council did not vote in 1992 does not preclude the Council from voting when confronted with another situation."
The court said in 1992 the procedure was that the Search Party made a recommendation to the council who in turn advised the government to appoint the vice-chancellor. It said if the procedure in 1992 is to be followed strictly, it would amount to upholding the law, which is in conflict with the 1992 constitution.
It said evidence showed that the 1992 procedure was adopted but the Council was not bound to adopt it in the first place, adding that whatever was adopted in 1998 was a modified version of the 1992 effort.
"The UST Council will be held bound by the process they adapted and adopted unless there are special circumstances to dictate otherwise," it added.
The court did not award costs.
The Council at its 157th special meeting on April 17, 1998, resolved to follow the 1992 procedure for the appointment of the former Vice-chancellor, Professor Eugene H. Amonoo-Neizer, by accepting and endorsing without voting on the report of the Search Committee.
The Search Committee, in its report presented to the UST Council in June, last year, short-listed three candidates who applied for the post in order of merit.
They were Professor Owusu-Sarpong, Prof. John S.K. Ayim, Dean of the Faculty of Pharmacy, and Prof. George W. Brobby, Dean of the School of Medical Sciences of the UST.
GRi../
Farmer allegedly murders herdsman
Tuobodom (Brong Ahafo) 26 July '99
A 43-year-old farmer, Tingani Dagarti, from Congo near Grulumpe in the Kintampo district, who allegedly murdered a herdsman and removed his heart, testicles and penis has been remanded by the Tuobodom community tribunal and committed to stand trial at the Sunyani High Court.
It is believed that he removed the parts of Amadu Gauli, to perform a ritual to prevent his ghost from hunting him after the murder.
Prosecuting, Chief Inspector Asafo Adjei, said following a bush fire at Grulumpe a couple of months ago, the deceased had nowhere to graze his cattle so he approached the chief of Chiranda for help.
Chief Inspector Adjei said he was permitted to graze his cattle on a piece of land between Chiranda and the neighbouring village of Kunsu.
He told the tribunal chaired by Mr Richard Ahugyakpa that on February 20 this year, another herdsman, Dongo, went to graze his cattle, where he saw Gauli's herd grazing unaccompanied.
According to the prosecutor, after a fruitless search for Gauli, Dongo formed a search party with other residents and informed the police about the situation.
Chief Inspector Adjei said a member of the search party accidentally fell into a pit on the farm of the accused in which the human parts were found.
Chief Inspector Adjei said following a tip off, the accused Tingani Dagarti was arrested on February 23, this year at Yapari in the Atebubu district.
Upon interrogations, Dagarti confessed killing Gauli after he ignored a warning not to allow his cattle to graze on his farm.
Chief Inspector Adjei said Dagarti later led the police to a spot on his farm where the decomposed body of Gauli was exhumed.
The accused admitted that he removed the parts and burnt them to "purify'' himself so that he would not be haunted by the ghost of the deceased, the prosecutor said.
GRi../
Supreme Court dismisses appeal
Kumasi (Ashanti Region) 26 July '99
The Supreme Court, at its sitting in Accra on July 21, upheld a ruling of the National House of Chiefs that Mr Anthony Kwaku Opoku is a royal of the Krobo Stool and eligible to occupy it.
The Court thus dismissed an appeal filed by Madam Akua Nyamekye of Kumasi, against the ruling.
The court was presided over by Mr Justice C. Hayfron-Benjamin and constituted by Mr Justice E. D. K. Adjabeng, Mr Justice K. A. Atuguba, Miss Justice S. A. B. Akuffo, and Mr Justice A. K. B. Ampiah.
It awarded two million cedis cost in favour of Mr Opoku alias De Porres, the defendant.
Madam Akua Nyamekye in 1992 acting on behalf of Obaapanin Ama Serwaah of Krobo in the Kwabre District of Ashanti swore the Great Oath that Mr Opoku was not a royal of Krobo and, therefore, not eligible for the stool.
She sued before the Judicial Committee of the Kumasi Traditional Council under the Chairmanship of Nana Osei Kwame, Atipinhene, which ruled in favour of the defendant.
Madam Nyamekye filed a notice of Appeal at the Judicial Committee of the Ashanti Regional House of Chiefs on October one, 1992 and the committee chaired by Nana Otuo Sireboe II, Juabenhene allowed the appeal and set aside the ruling of the Kumasi Traditional Council.
Mr Opoku appealed to the Judicial Committee of the National House of Chiefs, chaired by Odeefuo Boa Amponsem, Denkyirahene and the verdict was over-turned.
Madam Nyamekye on the grounds that the National House of Chiefs misconceived their function as a second appellate tribunal and erred in law in allowing the appeal, sent the case to the Supreme Court, which ruled in favour of Mr Opoku.
GRi./
Three persons charged with smuggling
Accra (Greater Accra) 26 July '99
Three people who brought a Peugeot 405 saloon from Cote d'Ivoire to Ghana through an unapproved route have appeared before a circuit tribunal in Accra charged with smuggling.
Stephen Ackah, driver, John Ackah and David Kwame, both labourers, arrested by Customs, Excise and Preventive Service (CEPS) officials, pleaded not guilty and were each granted five million cedis bail with a surety to re-appear on August 12.
The tribunal, chaired by Mr Charles Nyewolema, heard that on June 24, this year, CEPS officials at Jewi-Wharf station impounded the car, without the occupants.
The prosecution said the accused persons later approached an official of the Bureau of
National Investigations (BNI) attached to the station and pleaded with him to persuade the CEPS officials to release the vehicle.
The BNI official feigned interest and the accused persons promised to offer 1.5 million cedis to be given to the CEPS officials. However, when they were about to go for the vehicle, they escaped.
The prosecution said later the three accused persons were arrested and identified by the BNI official.
GRi../