Watchman, 32, kidnaps and defiles girl, 12
Seminar held for tribunal members on tax laws
Court to rule on contempt against five
ministers on March eight
Accra (Greater Accra), 4 March 2000
Kwaku Yeboah, 32, a watchman at Redco Flats at Madina, near Accra, has been remanded in custody at the Women and Juvenile Unit (WAJU) of the Police Service for allegedly kidnapping and defiling a 12-year-old girl.
A source at WAJU told the Ghana News Agency (GNA) in Accra on Friday that Yeboah would be arraigned before court after investigations are completed.
The source said in November last year, the victim, who was apparently fed up with life in the village, fled from Abokobi, where she was living with her grandmother, to Madina.
However, she had no place to stay at Madina but met the suspect who offered her a place on condition that she looks after his children to which she agreed.
According to the source, the girl in no time became a mother to the watchman's children and a wife when he started abusing her sexually.
The victim, who could no longer bear the ordeal after some time, fled the suspect's house and passed the night at cinema houses she sometimes visited.
She later met a Good Samaritan who helped her trace her grandmother at Abokobi.
The grandmother, however, suggested that the victim should stay with the Good Samaritan while she looks for a permanent place for her because she could not cater for her.
After sometime, the Good Samaritan detected bloodstains in the victim's panties and when she was questioned, she said the suspect traced her to the Good Samaritan's house and continued to defile her while threatening her with death if she revealed the crime.
GRi
Accra (Greater Accra), 4 March 2000
Mr Justice Charles Hayfron-Benjamin a Supreme Court Judge, said on Friday that the present state of adjudicating tax-related offences in the country calls for the creation of the right attitude in judges to ensure a successful implementation of the Value Added Tax (VAT).
Justice Hayfron-Benjamin, who was opening a day's seminar for chairmen and panel members of regional tribunals in Accra, said superior court judges are by the Courts Act charged with exclusive jurisdiction in the enforcement of certain laws, including revenue laws.
However, the quality of jurisdiction leaves much to be desired as "day in and day out there are reports in the media detailing surprising decisions of regional tribunals."
"It beats the imagination when a court of law without any evidence contradicts a state institution set up to certify and maintain standards."
Mr Justice Hayfron-Benjamin cited situations in which a drug dealer carrying four million cedis worth of narcotics offered to bribe an anti-narcotics officer with two million cedis and was fined only two million cedis which was paid promptly by the offender.
The problem is even compounded as tax-related cases are mixed with normal criminal cases that cause delays.
Mr Justice Hayfron-Benjamin said there are other criminal offences within the jurisdiction of the regional tribunals in which the indifference and sometimes reckless disregard of public opinion have led the tribunals to pronounce judgements that beat good sense.
He said the present circumstances could jeopardise the enforcement of tax laws in the country.
"The introduction of the tax (VAT) is in its formative stage and calls for harnessing of all available resources and putting in place right structures to ensure its successful implementation.
Mr Ezekiel Asamoah, Commissioner of VAT, in a welcoming address, said the seminar forms part of efforts to ensure speedy trial of cases pending before the law courts.
He said that in the absence of tax courts, it has become necessary to create the necessary awareness on the administration of the tax law among the public and judges for a smooth implementation.
GRi
Court to rule on contempt against five ministers
on March eight
An Accra High Court will on Wednesday, March eight, give its ruling in a case in which 15 persons, including five ministers of state, have been brought before it for contempt.
Justice Nana Gyamera-Tawiah announced the date at the end of Friday's sitting after listening to submissions by counsel for both parties.
ACE Hotels and Resorts Limited, brought a suit against the 15 for their alleged interference with the court's proceedings over the divestiture of City Hotel in Kumasi.
The five ministers are Mr Kwame Peprah, Minister of Finance, Mr Dan Abodakpi, Minister of Trade and Industry, Alhaji Muhammad Mumuni, Minister of Employment and Social Welfare, Mr Martin Amidu, Deputy Attorney-General and Mr Peter Pepera, Deputy Minister of Trade and Industry.
Others jointly charged with them include Mr. Emmanuel Agbodo, Executive Director of the Divestiture Implementation Committee (DIC), Mr Christian Appiah Agyei, Secretary-General of the Trades Union Congress, Mr Tsatsu Tsikata, Chief Executive of the Ghana National Petroleum Corporation and Ms Sherry Ayittey, Managing Director of GIHOC Distilleries.
On September one, last year, ACE Hotels and Resorts Limited filed an application for a stay of execution of the court's earlier ruling of July 21 which said DIC and its agents should negotiate for the divestiture of City Hotel.
The application of ACE Hotels and Resorts Limited prayed the court to order the DIC and its agents not to engage in acts or take any steps directly or indirectly to prejudice its interest in the hotel until the determination of the appeal.
The applicant alleged that although the appeal is still pending before the court, DIC went ahead to hand over the hotel to the Ghana Libyan Arab Holding Company (GLAHCO)
In his submission, Mr Stanley Amarteifio, leading counsel for the respondents, told the court that for the applicant to establish the offence of contempt, it should have to prove its case beyond all reasonable doubt that the offence was actually committed.
Mr Amarteifio said for the court to come out with the truth, it is important that it looks at the events in chronological order.
For instance between July and September last year, there was no action pending before the court, and any dealings DIC went into with GLAHCO at that material time could not be said to be contempt of court.
Furthermore between December 13 and January 11, 2000, there was no application for stay of execution at the court or elsewhere, and that all that was pending before the court was an appeal which did not amount to stay of execution.
Mr Amarteifio showed a letter said to have been written by the Managing Director of City Hotel stating that the hotel, which was put on divestiture as far back as 1998, was handed over on December 21, 1999.
Mr N. B. Affum, another counsel for the respondents, dismissed the claim of counsel for the applicant that officials of GLAHCO met at the hotel to take inventory, saying "we never met and negotiated for the sale of the hotel."
Counsel explained that for someone to be charged with contempt of court, the one should either show disrespect and disobedience to the court or interfere with its proceedings.
He, therefore, prayed the court that since the applicant had failed to prove beyond every reasonable doubt that their clients have shown any disrespect or disobedience to the court by interfering with its proceedings, its application is unmeritorious and should be dismissed.
Mr Freddie Blay, Second Deputy Speaker and counsel for the applicant, maintained that the respondents met and held negotiations with GLAHCO and later handed over the City Hotel to it.
At Friday's sitting, four of the Ministers of State were in court, with only Mr Martin Amidu, who is out of the country, being absent.
Mr Appiah Agyei was not in court.
GRi