GRi in Court Ghana 17 – 07 - 2001

 

Election petitions still at Koforidua High Court - Judicial Secretary

 

Osu Community Tribunal refuses bail to Odinga yet again

 

Arraign drivers with illegal timber immediately - Tribunal Chairman

 

Two jailed for defying court's order on land case

 

Fetish priestess disturbs court proceedings 

 

 

Election petitions still at Koforidua High Court - Judicial Secretary

Accra (Greater Accra) 17 July 2001

 

The Judicial Secretary, Mr George A. Aryeetey says all election petitions are still at the High Courts where they were filed and none has been transferred to Accra.

Mr Aryeetey was speaking to the Ghana News Agency (GNA) in reaction to a statement attributed to the Supervising High Court Judge in Koforidua that the Acting Chief Justice had directed that all electoral petitions pending at the Koforidua High Court should be transferred to Accra.

He explained that cases could be transferred only by an order signed by the Chief Justice and himself but he had not signed any such order.

Mr Justice George Twum, Eastern Regional Supervising High Court Judge, announced that the Acting Chief Justice, Mr Justice Edward Kwame Wiredu had directed that all electoral petitions pending before the Koforidua High Court should be sent to his office.

Justice Twum made the announcement when Mr Anthony Gyampoh, National Democratic Congress (NDC) candidate for Akropong Constituency in the 2000 Parliamentary Elections appeared before him.

Mr Gyampoh had filed a petition seeking the court's order "to recount the ballots cast during the said elections, declare the results announced by the Electoral Commission null and void and to declare him the winner".

Respondents to the suit were the Electoral Commission, the Attorney-General and Mr Agyare Koi-Larbi, New Patriotic Party (NPP) Member of Parliament for Akropong.

Mr Justice Twum told the GNA in Koforidua that he could not tell if the affected electoral petitions would be tried in Accra or sent back to Koforidua.

He explained that, the Acting Chief Justice did not talk to him over the issue but rang Koforidua in his absence and gave the directives to the then Registrar of the Court, Mr William K. Abowu, who complied with the directives and only informed him later. Mr Abowu has since been transferred to Accra.

Mrs Comfort Annor, Deputy Registrar of the court, said she could not comment on the matter because she was not informed about it.

Other electoral petitions before the Koforidua High Court were those filed by Mr Fuzzy Torbay, NDC Parliamentary Candidate for Okere and Mr Ahmed Jawal Mohammed, NDC Parliamentary Candidate for Akwatia.

When Mr Abowu was contacted in Accra, he said the Acting Chief Justice only asked for an update of election petitions that were pending at the court and that all the dockets on the petitions were still in Koforidua.

Prior to the 2000 elections it was decided at a meeting at Sogakope, in the Volta Region, that all election petitions filed in the regions should be heard within three days by the Supervising High Court Judges and disposed of within seven days.

Where the Supervising Judge was engaged he was to direct another judge to hear the case.

This was to ensure expeditious disposal of election petitions in view of previous experiences when such cases dragged on for four years.

The Chief Justice was to be informed about all petitions pending in the Regional Courts for effective monitoring.

GRi../

 

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Osu Community Tribunal refuses bail to Odinga yet again

Accra (Greater Accra) 17 July 2001

 

The Osu Community Tribunal on Monday refused Albert Hamidu Odinga, a Belize national, bail for the sixth time and adjourned the case to Thursday.

Odinga is charged with communicating false information likely to injure the reputation of the state.

During its last sitting, the tribunal chaired by Mrs Ivy Heward Mills ordered the Ghana Immigration Service (GIS) to assist the Bureau of National Investigations (BNI) to establish the residence status of Odinga who was arrested in a house near the residence of former President Jerry Rawlings.

When the court commenced proceedings on Monday, Mr Wahid Bampuori Iddrisu, Counsel for the accused, renewed his application for bail for his client.   

Mr Iddrisu said his client has been charged with criminal libel, which does not prevent the tribunal to refuse Odinga bail.

Mr Kwame Takyi, Counsel for GIS, said the service has "been left in the dark about the issue," but prayed the court that it would make the necessary enquiries from the authorities and furnish the court with the information.

Odinga came to Ghana in 1979 but was deported in 1980 as an illegal immigrant.

However, he returned in 1992 and was arrested recently following a tip-off that he was operating as a counter-intelligence agent.

GRi../

 

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Arraign drivers with illegal timber immediately - Tribunal Chairman

Accra (Greater Accra) 17 July 2001

 

A Tribunal Chairman on Monday asked the police and the Forestry Department Task Force to arraign drivers of vehicles arrested with illegal timber quickly to stop them from absconding.

Mr Imoru Ziblim, an Accra Circuit Tribunal Chairman, who gave the directive, noted that after the drivers abscond, the owners of the vehicles are made to face the charges alone.

He said this when he fined the owner of a Mercedes Benz truck, Alex Henebeng four million cedis or in default have his truck confiscated to the state. The timber, which was valued 600,000 cedis, was confiscated to the state.

The tribunal issued a bench warrant for the arrest of the driver.

Mr Ziblim said for sometime now, the tribunal had observed that the Forestry Department Task Force had been negligent in its assignments leading to loss of revenue to the state in terms of fines.

He also ordered that drivers who have been charged with such offences should be given police enquiry bails to appear in court before being released from the police station.

With this arrangement the sureties who signed the bond could be held responsible should any of them abscond.

Chief Inspector James Adu had told the court that on July 5 the national monitoring team on patrol arrested the driver at Bawjiase transporting 180 pieces of white wood valued 600,000 but he bolted and the wood and truck were impounded by the Achimota Forestry Department.

GRi.../

 

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Two jailed for defying court's order on land case

Accra (Greater Accra) 17 July 2001

 

An Accra High Court on Monday committed two persons from Ayawaso in Accra to prison for defying a court's order of an interim injunction restraining them from stepping on a disputed land until the final determination of the matter.

Daniel Tettey, alias Nii Tettey Kojo, who says he is the Chief of Ayawaso and Lartey Boi Lartey, an elder at Gbawe in Accra were each sentenced to 30 days' imprisonment.

The court presided by Mr Justice Richard Apaloo also fined each of them one million cedis or a prison term of an additional six months.

They were bonded to be of good behaviour after serving the sentence or go to jail for 12 months. The court awarded 300,000 cedis costs against each of them.    

Tettey and Lartey pleaded not guilty. They said they were not present in court when the order was given.

Mr Justice Apaloo said he found the conduct of the accused "very despicable" for brutalising court officials and policemen detailed to perform official duty on the disputed land.

The judge said an affidavit by one of the policemen who was assaulted stated that the accused encouraged thugs and land guards to seize weapons, which the policemen carried, kept them in captive for some days and assaulted them.

The court said a re-enforcement from the Police Striking Force rescued those in captivity and retrieved the weapons and ammunition the land guards seized.

Mr Justice Apaloo said the accused persons "ordinarily denied" the allegations, adding that in law it is obligatory for a respondent in a contempt case to convincingly prove his innocence than just deny it.

On February 24 last year, the Circuit Court restrained the accused from going onto a disputed land at Ayawaso until a suit filed against them by Mr Daniel Laryea, Head of Amartsewe Family of Ga Mashie, was determined.

The accused persons defied the order and assaulted public officers who were detailed to take photographs on damage caused on the disputed land.

GRi../

 

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Fetish priestess disturbs court proceedings  

Accra (Greater Accra) 17 July 2001

 

There was drama at an Accra High Court on Monday when a woman, believed to a fetish priestess, started wailing, throwing her hands in the air soon after two persons from Ayawaso in Accra were sentenced to 30 days' imprisonment each for contempt.

Policemen at the court and relatives of the priestess, whose name was given as Naa Oboneketebi from Ayawaso found it difficult to control the woman.

The woman started behaving abnormally immediately the court sentenced Daniel Tettey, alias Nii Tettey Kojo, who said he is the chief of Ayawaso and Lartey Boi Lartey also from Gbawe.

The presiding judge, Mr Justice Richard Apaloo ordered that the woman be brought into the dock to answer why she should not be convicted for disturbing the court.

Dr Seth Twum, an Accra lawyer, intervened as a friend of the court and pleaded with the judge to be lenient with the woman since she was "possessed".

The court obliged but warned her not to come to the court to disturb it again.

GRi../

 

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