Court to rule on SCC workers case
Courts must be responsive to the economy - Lawyer
Western Regional Tribunal quashes sentence against chief
Court to rule on SCC workers case
Accra (Greater Accra) 18 March
An Accra circuit court will, on April seven, give a ruling on whether to grant an application for an injunction on the sale of part of the State Construction Company (SCC) property.
The court, presided over by Col. Victor C. Doegah (rtd), however, advised counsel for plaintiffs and defendants to "put their heads together and attempt a settlement" before the adjourned date.
SCC workers filed the application for an injunction and general damages against the Divestiture Implementation Committee (DIC), ACC Ltd, Merchant Bank and Mr David Kofi Boateng and eight others.
The plaintiffs claimed that they were dissatisfied with the non-Transparent manner in which the defendants, especially Mr Boateng, tried to buy the core of SCC.
In their statement of claim, the plaintiffs said their action "involves the sale of SCC core, which comprises only Abelenkpe office, Ashanti Regional Office and machinery and not the total assets of the company, some of which had been sold since November, 1996".
They claimed that one of the defendants, Mr Boateng, who is not a staff of SCC, has purchased two million shares worth 200 million cedis in ACC Ltd and is trying to purchase the SCC core without management consulting the workers.
The defendants, in their affidavit in opposition, stated that under the DIC law, the trial court has no jurisdiction to hear the matter.
They further stated that the value of SCC assets to be divested is 13 billion cedis, and that a matter involving such an amount could not be heard by a circuit court.
Courts must be responsive to the economy - Lawyer
Accra (Greater Accra) 18 March
Mr Ekow Awoonor, a legal practitioner, on Wednesday recommended that the traditional courts adopt some of the procedures the Non-Performing Assets Recovery Tribunal (NPART) uses in dealing with cases expeditiously to avoid delays.
Mr Awoonor said this would not only enhance the performance of the courts but that they would also be responsive to the promotion of market oriented policies that cushion investment.
Mr Awoonor was speaking on the role of the judiciary in promoting market oriented policies at a lecture marking the Ghana School of Law Week.
The theme for the week is "the role of the legal profession in the creation of a vibrant private sector economy".
He said as from June 1992, the commencement date of the tribunal to the end of the following year, the tribunal was able to give judgement in 123 cases involving a total claim of 14.2 billion cedis as against 168 cases brought before it.
"The Tribunal provided a quick and efficient judicial process supported by an equally efficient enforcement of its judgements.
"The tribunal used High Court rules but the rules were administered efficiently, cutting out opportunities for delay and unnecessary adjournments were not tolerated.
"The ordinary courts may learn a few lessons from this experience about how to satisfy the private sector in the administration of justice."
Mr Awoonor said "so strong is the feeling against delay that several businessmen shy away from transactions which requires enforcement of rights exclusively through the courts".
He regretted the inheritance of a system "which required that certain legal proceedings should be commenced by writ, others by motion, and yet others by summons.
"We worked through the minefields of prerogative writs, some with peculiar Latin names as quo warranto, habeas corpus, certiorari, mandamus, and at least two comprehensible procedures, prohibition and the action for a declaration.
'All those ghosts of the past have contributed in the delay of cases".
Mr Awoonor said the courts can adopt an informal procedure under which parties may be encouraged to present their cases with the presiding officer, taking on an interventionist role which would lead to quick judgements.
'These have been tried successfully in other jurisdictions and we may give them a try to find how acceptable and suitable they may be."
Mr Awonnor said the complexities and the advanced form of businesses like the Stock Exchange, telecommunications and the electronic media have created commercial environment for judges to work with specialised knowledge to resolve disputes to match the developments.
Nana (Dr) S.K.B. Asante, Legal and Investment Consultant, said although the World Bank would start reform work on the judiciary to avoid the delay of cases at the courts, there is the need for the country to begin tackling the issue.
He said investors show concern about the legal environment among other factors before they begin their businesses.
Western Regional Tribunal quashes sentence against chief
Takoradi(Western Region) 18 March
The Western Region Public Tribunal has quashed the conviction of Nana Kwesi Ackon the fourth, Chief of Mampong, near Kansaworodo in the Western Region and two others by the Takoradi Community Tribunal for stealing.
This follows an appeal by the three to the Regional Public Tribunal against the conviction and sentence on the grounds that the conviction cannot be supported in law having regard to the evidence adduced at the trial.
Nana Ackon, also the Mankrado of Sekondi Traditional Area, Safohene Nfiase known in private life as Maxwell Mensah and Kojo Kakraba, both farmers, were convicted for stealing a bicycle valued at 120,000 cedis belonging to one Kofi Akyeremanyansa at Kansaworodo in 1995.
They pleaded not guilty to stealing but were sentenced to a fine of 100,000 cedis each or 12 months imprisonment in default.
The Regional Tribunal ruled that the Community Tribunal erred in law by convicting and sentencing the accused persons. The Tribunal ordered that any fines imposed or paid should be refunded to them.