GRi in Court News Ghana 29 – 03 - 2001

 

NDC takes Attorney General to court over Cabinet

 

Policemen went to Ablekuma to make an arrest – Witness

 

Mini-trial in highway gold robbery case begins on Thursday

 

 

NDC takes Attorney General to court over Cabinet

Accra (Greater Accra) 29 March 2001

 

The National Democratic Congress (NDC) has taken the Attorney-General to court again, this time over the President not naming members of his Cabinet.

In a suit filed by Mr Kweku Baah, the party is seeking an order directing the President to designate a Cabinet forthwith in accordance with the Constitution.

It said the NDC is seeking "a declaration that the President's refusal or neglect in designating members of his Cabinet and/or constituting a Cabinet is an act of omission inconsistent with or is in contravention of the Constitution".

In a statement of claim, the NDC said Article 76 of the Constitution provides that there shall be a Cabinet which shall consist of the President, the Vice President and not less than 10 and not more than 19 ministers of state.

The article also states that the Cabinet shall assist the President in the determination of the general policy of the government.

"In spite of the fact that to date the President has appointed over 70 ministers of state and their deputies, no Cabinet has been designated as required by the Constitution," the suit said.

It added that since being sworn into office, the President and his agents have been conducting themselves and making pronouncements as if there is no Constitution to which their actions and pronouncements should conform.

"The plaintiff avers and will contend at the trial that unless ordered to do so by this honourable court, the President, his agents, ministers of state and other officials will continue to conduct themselves with careless abandon of the provisions of the Constitution they have sworn to uphold."

The NDC has taken the government to court over several issues, including the appointment of the chief of staff, government spokesperson and national security adviser. It has also filed a suit against the President over the appointment of the top brass of the Military into acting capacity without consultation with the Council of State.

GRi…/

 

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Policemen went to Ablekuma to make an arrest – Witness

Accra (Greater Accra) 29 March 2001

 

An Accra High Court trying the Ablekuma Murder Case on Wednesday heard that the two policemen, who were murdered by some of the villagers, went there to arrest someone who had encroached on their land.

Mr David Kwabena Okae, former Assistant Commissioner of Police (AC), told the court that after the deceased had arrested one Semavor, who had encroached on their land, his sister went to inform the nine accused persons and other accomplices now at large about the arrest of their colleague.     

Jerry Wornoo, alias Taller and Richard Owusu-Sekyere, alias Kweku Ninja of the Police Striking Force Unit and the Police Academy and Training School, respectively, were  allegedly killed by the accused persons and others at large.    

They had gone to Ablekuma to erect pillars on a piece of land they had acquired when the accused persons attacked and tortured them to death.    

During cross-examination, Mr Okae disagreed with a suggestion by counsel that the two policemen went to Ablekuma to terrorise the villagers.

He said they went there to arrest Semavor, who had encroached on their land.  

AC Okae told the court that because Ablekuma is notorious for its land guard activities, Policemen normally prepare adequately before going to the village, adding, "they were properly armed for self-defence."         

The accused are: Joseph Telewu, alias Terminator, Seth Ababio Kissergbi, alias Rasta, Nii Amo Dodoo, William Nii Muetteh Addo, Newland Awayevu, Okyeame Darko Dodoo, Wisdom Awayevu, Mills and Yemo Odai. They are being tried for their alleged involvement in the murder of the two Policemen in November 1998.

They have all pleaded not guilty to two charges of conspiracy to commit crime and murder.

Apart from Okyeame Dodoo, who is on bail, the rest are in prison custody.

GRi…/

 

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Mini-trial in highway gold robbery case begins on Thursday

Accra (Greater Accra) 29 March 2001

 

An Accra High Court hearing the Highway Gold Robbery case on Wednesday ordered the commencement of a mini-trial on Thursday.

This followed objections raised by counsel for three of the accused persons against their statements tendered in evidence by the prosecution.

The three are Philip Asamaoh, alias Agingo, RSM Jack Bebli, and Kofi Bokor, alias Kofi Bebli.

Mr. Nelson Cofie is counsel for Asamoah while Mr Chris Ackummey is defending Bebli and Bokor.

RSM Bebli, Philip Asamoah, alias Agingo, Frimpong, Patrick Boakye Mprah, James Doli, Augustus Oko Odartey and Kofi Bokor, alias Kofi Bebli, are being held for their alleged involvement in the gold robbery at Gomoa Abotsia, near Apam Junction, on February 16, 1999.

They allegedly laid ambush, attacked a bullion van and made away with gold worth 2.4 billion cedis.

Their charges range from conspiracy to commit crime, abetment of crime to robbery and abetment of robbery.

They have all pleaded not guilty.

RSM Bebli, Mprah and Doli are on bail while the rest are being held at the James Fort Prisons on remand.

Counsel based their objections on Section 120 of the Evidence Decree, which states that in criminal trials, accused persons should volunteer to give their statements.

Furthermore, they said, since such statements are confession statements, they should be taken in the presence of independent witnesses.

Replying, the prosecution conceded to the objections raised by counsel, and said the only way to establish the authenticity of the statements is through the conduct of a mini-trial.

Accordingly, Mr Justice Richard Apaloo, the trial judge, fixed Thursday for the mini-trial to begin.

The rules governing such trials are that jurors do not take part. The trial will therefore, proceed without a seven-member jury, which is assisting the judge.

GRi…/

 

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