Judgement on Fast Track Courts -
Okudzeto paints picture of chaos
Priest absconds with patient’s money
Accra (Greater Accra) 04
March 2002 - The troubled Ghana Airways, the national carrier, has reached an
interim agreement with the Dakar-based navigation, ASECNA, over how Ghanair is
to clear its indebtedness to avoid further detention of the carrier’s aircraft.
Under the arrangement, Ghana Airways will pay $150,000 every month to ASECNA.
Captain Kofi Kwakwa, chairman
of the Ghana Airways management committee said $100,000 will take care of
current bills while $50,000 will service the old debt. On February 16, this
year, ASECNA detained Ghanair’s U.S.-bound aircraft with passengers on board
because the airline owes the firm. The seizure of the aircraft compelled the
government of Ghana to intervene for its release.
ASECNA is a navigation firm,
which controls the navigation all over the continent. Many airlines on the
continent are indebted to the navigation firm to the tune of over 1 billion
CFA. ASECNA has embarked on an all-out campaign to retrieve those monies
because it is now saddled with the problem of recovering unpaid charges from
the collapsed Air-Afrique, for instance.
The Dakar-based firm
undertook not to take any forceful action of recovery from Ghanair in the
interim. Meanwhile, the Ghanaian delegation, which sought the interim
arrangement will meet its ASECNA counterparts at the end of March to finalise
an acceptable payment arrangement. – Daily Graphic.
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Judgement on
Fast Track Courts - Okudzeto paints picture of chaos
Accra (Greater Accra) 04
March 2002 - The impact of last Thursday’s legal upset in the famous Tsatsu
Tsikata versus The Republic case has begun to dawn on the nation, as famously
as the judgement in the famous Apaloo versus AGC case which sent stocks
tumbling and investors scurrying to dump AGC shares.
Mr Sam Okudzeto, one of the
legal juggernauts in the country and past President of the Ghana Bar Association
(GBA) painted a picture of gloom and doom when he pointed out that the ruling
could send potential investors revising their plans for Ghana.
The country’s legal
environment, infamous for delays would not be helped by such a decision as
investors would have a sense that legal disputes could still get mired in the
courts for years as has been the case, and investors would be less enthusiastic
about such a prospect at this time when the donor community has been helping
with the infrastructure to aid with the speedy disposal of cases. The Fast
Track Court system is the fastest in the disposal of cases, including
commercial cases.
Okudzeto explained that huge
sums had been pumped into court modernization and computerization, and the
judgement would be telegraphing the point that the country is not interested in
moving forward in the development of the Judiciary. Consequently, grants and
other forms of aid from the donor community towards the development of the
court system would not be forthcoming. “This amounts to throwing out of gear
the whole computerization process,” Okudzeto lamented adding that the judgement
should not be seen as a victory for anybody.”
More ominously is the
revelation that the other downside of the judgement is the possible overturning
of civil cases with the potentially crushing impact. Cases have been disposed
of where parties have recovered properties, received payments, paid fines,
taken possession of assets, have had assets sequestered on the orders of the
courts.
The renowned lawyer was
speaking on a panel discussion on Breakfast Television last Saturday. One of
the panelists, Mr Kweku Baako, editor of The Crusading Guide revealed that some
of the judges had had briefings on the compurterisation process in the courts
and had even gone to support the process. He recalled also that some of them
had also appeared as witnesses in the Selormey case where they gave testimonies
and expressed disappointment with the judgement.
Both Messrs Kwesi Pratt and
Egbert Faibille, Editors of the Weekly Insight and The Independent
respectively, also appeared on the panel and held differing opinions on the
subject. In the opinion of the only lawyer on the panel, Okudzeto, the failure
of the judges to give reasons for their judgement has created more confusion,
adding that if they haven’t written their judgements yet they have an
opportunity.”
In a related matter, the
issue of extremely slow nature the wheels of justice grinds in the law courts
has been attributed to the phenomenon of judges taking notes by long hand. The
mechanization of the courts is seen as one way out of ensuring a speedy
resolution of justice.
One panelist, Mrs Margaret
Amoakohene, pointedly made the much touted point that “Justice delayed is
justice denied in supporting the argument on the prudence of the Fast Track
Court, now abolished by the famous ruling since the mechanical recording of
proceedings and equally fast production of court transcripts enhance speedy
resolution of legal cases. – The Ghanaian Chronicle.
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No easy way out in Tsikata case
Accra (Greater Accra) 04 March 2002 - "The law is
what the judges says it is, not what the Constitution says", argues one
veteran of the courts system, Nana Kofi Coomson, President of Private Newspaper
Publishers Association of Ghana (PRINPAG) and publisher of Chronicle
Newspapers.
He was commenting on what should be done about the
doom and gloom that hang over the decision of the Law Lords in favour of Mr
Tsikata's historic court case. Coomson recalled that he and his two other
colleagues appeared before most of the judges that ruled on the Tsikata case.
His counsel, Professor Ofosu Armaah, had submitted
that section 185 of the Criminal Procedure Act 1960 is inconsistent with the
1992 Constitution, which guaranteed free speech. The section states that anyone
who says or writes anything whether in the privacy of his home or abroad which
is likely - in the opinion of a judge or the Attorney General - to injure the
reputation of the State (including The President or the Government) is guilty
of a second degree felony.
"But by a majority decision, the judges ruled for
what amounted to the criminalisation of speech, he said." That was a very
bad judgement, but that immediately became law and prevailed until President
J.A. Kufuor's government outlawed it through an act of Parliament.
Coomson said the ruling is disappointing and counter
productive, but that is the law of the day. He noted, however, that he is
persuaded by points made by Hon. Kumbour, an NDC Member of Parliament (MP) who
revealed that accused persons appearing before Fast Track courts did not have
the same latitude with respect to time compared to the regular High Court.
"The rules may be the same, but I am uneasy when
an accused is denied full opportunity to defend himself. I think every
Ghanaian's human rights must be paramount, and as a strong believer in Human
Rights, I believe that it is advisable to err on the side of accused persons. I
benefited from that, and I want to be educated on that aspect of the Fast Track
court and why it is different from what pertains in the "unfast"
track court." He said the prosecution may have the upper hand in deciding
when to press charges after they may have concluded their investigations, he
observed.
Coomson, however, said that he is certain that Tsikata
will not get away, because there are more cases, but the Attorney-General's
office may have to be more thorough this time. "He can run but he can't
hide".
On the challenges at the AG's office, Coomson revealed
that he is aware that there have been proposals that private prosecutors should
be hired to help out with the numerous cases that are pending where as many as
76 dockets have been prepared and ready for prosecution.
That has been shot down because the laws do not allow
for the hiring of private prosecutors. I am told, for example, that Mr Bright
Akwettey, a lawyer and key prosecutor during the Rawlings era was consulted and
given a few SSNIT related cases, but it did not go beyond consultations. The
AG's office is seriously hamstrung and has been so for a long time.
"The Finance Minister must look at their budget
and empower them and I think the rules or legislation regulating their mandate
must be looked at again." On the matter of the review, legal opinion is
that not more than nine judges may be empanelled, possibly the same judges. It
remains to be seen whether one of them may change his or her position after
deeper reflections, a tough call since the judges had received written
positions from both parties weeks before the hearing and eventual decision.
There are only 10 judges on the Supreme Court at the
moment, the only absentee was Justice Lamptey. There have been suggestions that
The Executive must pack the Supreme Court with judges that are sympathetic to
their views. If additional judges are added to the bench - a possibility since
the Constitution imposes no limits (a constitutional aberration) - it “may be
misconstrued” according to Okudzeto.
According to him, there are names that have been under
consideration since the time of President Rawlings. He explained that those
nominees must go through the Judicial Council, the President and the Council of
State before they are sent for vetting by Parliament, a long process that may
be too late before a review goes through on the controversial matter.
But there are hawkish elements who are also pushing for
packing the bench because the negative impact of the ruling would be too heavy
and ultimately injurious to the national interest. – The Ghanaian Chronicle.
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Hohoe (Volta Region) 04 March
2002 - A primary school pupil, who was playing with his father’s gun in the
presence of his friend, out of curiosity allegedly pulled the trigger and accidentally
shot his friend. The pupil, 11, was said to have returned from school together
with Mavis Gbafa, 9, both of Wli-Afegame RC Primary School in the Volta Region
and went to the kitchen for lunch when the incident happened.
The 11-year old boy and his
father, Francis Jordor, have been arrested granted bail of ¢1 million with one
surety on the charge of provisional murder by a Hohoe Circuit Tribunal,
presided over by Justice U.P. Dery. The court did not enter any plea for the suspects
and adjourned the case to March 13.
Presenting the facts of the
case, Chief Inspector George Gbotor said on Wednesday, February 20, when Mr
Jordor returned from farm at about 2.30 pm, he left his rifle in the kitchen
and went to town to visit a friend. He said shortly after Mr Jordor had left
the house, the children returned from school and went to the kitchen for their
lunch.
According to the prosecutor,
on seeing the gun, the suspect pulled the trigger only to unleash bullets from
the loaded gun onto the chest of Mavis who was directly in front of him and
causing her death instantly. The body has been deposited at the Hohoe
Government Hospital while the police continue their investigation. - Daily
Graphic.
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Accra (Greater Accra) 04
March 2002 - Although the Supreme Court by a 5-4 majority has declared Fast
Track Courts (FTC) illegal and unconstitutional, Fast Track Court two (2) sat
on Friday March 1 and adjourned cases pending before it to March 27, 2002.
The FTC 2 presided over by Mr
J.C. Amonoo-Monney an Appeal Court Judge sitting as an additional High Court
Judge last Friday, 1 March 2002 adjourned to March 2002 adjourned to March 27th
2002 the case in which Sherry Ayittey of the 31st December Women’s
Movement, Mr Emmanuel Amuzu Agbodo, Executive Secretary of DIC, Mr Ralph Casely
Hayford, a private businessman and Satirie Dorcas Ocran, a house-wife, are
standing trial on various charges of corruption in connection with the
divestiture of (Ghana Real Estates Limited) GREL.
Earlier on, the counsel for
Ms Sherry Ayittey had prayed the court to discharge the accused persons on the
grounds that they are being tried by a wrong court, which does not exist. The
principal state attorney, Mr Anthony Gyambiby told the court the prosecution
has filed a process for review of the Supreme Court’s ruling, which declared
the Fast Track Court as unconstitutional. – The Ghanaian Voice.
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Accra (Greater Accra) 04
March 2002 - Nana Akufo Addo, the Attorney General and Minister of Justice
should be the first casualty of the embarrassment which has been caused to the
government by the declaration of the Supreme Court making the Fast Track High
Courts illegal courts. In fact, Nana Akufo Addo who is the chief legal advisor
of the government and who seems to have developed a penchant of disobeying
court ruling should either be sacked or resign.
Case I: When the current
government took over the administration from the NDC government, there was a
Supreme Court ruling, which ordered that an amount of ¢40 billion should be
paid to Delta Foods Company. In fact, Delta Foods Limited had the present
Speaker of Parliament Rt. Hon Peter Ala Adjetey as their counsel.
Judgement was given in favour
of Delta Foods Limited after a brilliant and eloquent presentation by counsel
Ala Adjetey. As a result of the judgement, the former government started paying
what was and is still due to Delta Foods Limited. Nana Akufo Addo since his
assumption of office has flatly refused to order the payment of the legal debt
to Delta Foods.
When judgement was even given
in favour of Delta Foods also by a court in the United States, Nana Akufo Addo
led a team from his office all the way to America to seek to overturn the
ruling of the USA Court. But he failed. This means his attempt to even contest
the case in the US court implied his recognition of the jurisdiction of the US
Court.
However, in all these, it
appeared that he had refused to brief members of government on this case to
facilitate payments. The “Ghanaian Voice” has gathered that when the Senior
Minister J.H Mensah was approached on the issue, he claimed that Nana Akufo
Addo had not briefed him on the ¢40 billion indebtedness for payment to be
effected. And currently, the debt is attracting a colossal ¢45 million a day in
interest which is equivalent to ¢1.350 billion in a month and ¢16.2 billion in
a year.
Case 2: Then comes his
performance in relation to the Fast Track Court. He admitted in an open court
that the procedure used in putting Tsatsu before Court was wrong. Strangely
enough, he said that the mistake did not come from his office even though he is
the chief prosecutor of the administration. This definitely is a blunder and he
must take the political responsibility for it.
Again, his reaction to the
decision of the Supreme Court is totally or wholly unacceptable. For one thing,
he cannot complain about the so called marginal vote of 5-4 since it was the
same margin, which was used to illegalise the celebration of 31st
December as a public holiday. That is this paper is calling on Nana Akufo Addo
to take full political responsibility for such abysmal performance and resign
or risk being sacked. – The Ghanaian Voice.
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Accra
(Greater Accra) 04 March 2002 - On Wednesday, March 20, two weeks after the
state of Ghana celebrates the 45th anniversary of the break with the
British colonial masters, the nation will stand still to hear the reasons
behind the landmark judgment of Thursday, February 28 in which five Supreme
Court judges against four, consigned the Fast Track High Court into oblivion.
Whatever
reasons are assigned, especially by the five judges who upheld Tsatsu Tsikata’s
submission, indications are that the decision to declare the setting up of the
Fast Track High Court unconstitutional, has touched on raw nerves at the
Justice Department.
At
the Supreme Court Building in Accra, which houses the registry of all the
superior Courts of Adjudication- from the Appeal Court to the Supreme Court,
tempers were virtually frayed by the judgment when the Public Agenda visited on
Friday. A top official at the Judicial Secretariat, the paper spoke to tried
very hard to restrain himself. But he was visibly angered by the decision to
declare the Fast Track High Court unconstitutional.
“Those
judges have done a great damage and disservice to the Justice system in this
country of which they are serving. This (Fast Track High Court) was not
something that was forced on us. It was something discussed and carefully
planned before implementation stage. It involved all of us at the Department.
The judges were never left out. If there is something wrong with it, they
(judges) should have pointed them out long before the implementation stage.
They should not sit there unconcerned before going to throw everything we have
worked very hard for overboard.”
The
Fast Track High Court, the paper learnt, was inaugurated on March 30, 2001
after several months of planning. There are now three of such courts in Accra.
Kumasi, Sekondi-Takoradi and Koforidua are penciled in for similar treatments.
At the entrance to the registry of the High Court, the presence of the Fast
Track Court is announced by an inscription on the first door to the right.
The Fast Track, part of the
High Court’s been established to deal with Investors and Investment cases, Bank
Cases: Specified Commercial and Industrial Cases, Election Petition Cases,
Human Rights Cases, Defamation Cases, Revenue Cases ie IRS, CEPS, etc.
Prerogative Writs and Criminal Cases.
Referred to in official
documents as Fast Track High Court, its judges, like the High Court, could be
drawn from high court judge to Supreme Court judges. “It is only a High Court
where we have mechanised court proceedings. All that means is that the process
frees the judge to concentrate on the case as opposed to the tedious process of
putting down everything in long hand while listening to submissions at the same
time,” a top official Public Agenda spoke to explained.
“We are in the age of
technology. We in this part of the world are just trying to catch up with the
developed world, technologically. Increases in population has obviously had a
corresponding increase in court cases so the only way to deal effectively with
the situation is to introduce technology which we did.”
Asked about how he felt about
the judgment, this is how the official answered: “I feel very bad. All the
judges have been part of the new phase we are giving to the courts. If there is
something wrong, why did they not point out all this while? At worse, I thought
they would only ask the judiciary not to tag the courts fast track. Something
like the High court with Fast Track process, would have done perfectly. I think
we have been stitched. It is an internal problem and we have to deal with it,”
he asserted.
An official of the
Attorney-General’s Department was obviously disappointed. “It is a shame that
this judgment comes at a time that even laymen believe modernizing the courts
is one sure route to effective justice. It is a bit disappointing but we are
sure that a Judicial Review will set the records straight.”
In far away Singapore, where
President Kufuor was preparing to travel to Australia for the Summit of
Commonwealth Heads of State, he reaffirmed his government’s determination to
press ahead with the mechanisation of courts in the country. He said fast
tracking of our courts is one sure way of assuring potential investors that
they could deal with litigation on the industrial front with minimum of delay.
The Minister of State for
Media Relations Elizabeth Ohene told newsmen on the Presidential entourage that
the President had instructed the Attorney General and Minister of Justice Nana
Addo Dankwa Akuffo Addo to seek the necessary review that would put the matter
to rest.
At the Fast Track High Court
Registry in the Supreme Court building, the mood was one of disappointment
tinged with frustration. “We don’t know how ruling like these would lead the
nation. It is one of my saddest days as a staff of the Judicial Service.”
Not all Ghanaians were
unhappy with the decision though. Alhaji Muhammed Mumuni, National Democratic
Congress (NDC) Member of Parliament for Kumbungu could not hide his glee. “The
Fast Track Court is a Kangaroo court,” he told an Accra FM station.”
Coming from the NDC, he
should have captured a better description for the Fast Track Court. Most
Ghanaians above the age of 40 cannot claim ignorant of the kind of Kangaroo
courts where those dispensing justice hid behind a screen and pronounced
judgments on people most of whom were tortured as the so-called People’s Court
pronounced them guilty. Politics and reasoning appear to have parted ways in
this country. - Public Agenda
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A former Minister for
Finance, Dr Amon Nikoi, has stated that for the nation to move forward and
create the desired level of prosperity and dignity Ghanaians are yearning for,
there is the need for politicians and opinion leaders to make personal
sacrifices for the good of the nation.
Dr Nikoi, who was Minister
for Finance in the Third Republic under the Limann government, was speaking at
a ceremony organized by the La Socio-Economic Development Association (LA-SEDA)
to honour the memory of the late Sgt Frederick Cornelius Adjetey, the first
victim of the February 28, 1948 shooting incident at the Osu Christianborg
Cross-roads.
Dr Nikoi lamented that the
reason why Africans in general tend to develop at a slower rate is not that
those in positions of trust and power forget that it is they who necessarily
must sacrifice if nations must move forward. “In our communities, we need our
opinion leaders and traditional authorities to sacrifice in our homes, we need
parents to sacrifice. The same must apply in our churches. It is when these
sacrifices are made at the lower echelons that they can confidently translate
into development, wealth and prosperity for the community and the nation,” he
told the gathering.
In attendance were Prof
Ablade Glover, Chairman for LA-SEDA, the MP for La Dadekotopon, Mr Alfred Ako
Nai and the Chief of La, Nii Tettey Kpobi Tsuru. The monument, unveiled by the
La Manche has a citation on the life and achievements of the late Sgt Adjetey
whose death along with Cpl Attipoe and Pte Odartey Lampetey catapulted the
fight for Ghana’s independence. - The Ghanaian Chronicle.
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Tema (Greater Accra) 04 March 2002 - Four people got drowned at the Mighty Beach close the Maritime Academy near Tema on Thursday. They include a German tourist, Andreas Sandam, 38, who drowned a few hours prior to his departure for his country. The rest are Aretha Bansah, 18, Paa Kwesi Ghamson, 20 and Patrick Agyekum, 19.
All four bodies have been
washed ashore and are deposited at the 37 Military and the Tema General
Hospitals. The bodies of Paa Kwesi Ghamson and Patrick Agyekum which are at the
Tema General Hospital are nearing a state of decomposition and will likely be
buried this week, after post mortem examinations.
Speaking to the “Times” in an
interview at Tema, a police source said that Andreas, who lived in Germany with
Aretha’s uncle, had long expressed the desire to visit Ghana. An arrangement
was, therefore, made for him to visit the country and live with the Bansahs
(Artha’s family) at Nungua.
The source stated that on
Thursday, Andreas, after booking his flight and checking in his luggage at the
airport, decided to take some pictures at the Mighty Beach. Andreas arrived at
the beach at 2 pm with Aretha and her sisters, Belinda and Joyce, and set off
to swim.
Barely five minutes later,
Belinda and Joyce swam to the shore to pick up a camera to snap pictures. But
as they were setting the camera, they heard screams behind them and turned back
only to see Andreas and Aretha desperately waving their hands in air, an
indication of trouble. They shouted for help but it came too late, as they
could not be found. By 3 pm the body of Andreas had been washed ashore opposite
the Sakumono village junction. The three other bodies were washed ashore the
following day. – The Ghanaian Times
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Abesim (Brong Ahafo Region) 04 March 2002 - The founder and leader of the Pillar of Fire Healing Church at Abesim near Sunyani, has been arrested by the Police Women and Juvenile Unit (WAJU), at Sunyani for absconding with money paid to him to treat an ailing woman.
Prophet Bright Ackah-Baidoo,
was said to have collected ¢240,000 from a 75-year-old man, Opanin Issah
Okyere, a resident of Yamfo, under the pretext of buying a special olive oil to
be used in prayers for the oldman’s daughter, Abena Mpoma, 37, who was
suffering from a strange disease.
After collecting the money in
December, last year, Prophet Ackah-Baidoo was not seen again until last
weekend, at the premises of a Community Tribunal at Sunyani, where he was
arrested. His arrest came shortly after he had walked out of the tribunal where
he was having a legal battle with a female member of his church for an alleged
false prophesy. He has been charged with offensive conduct conducive to cause
breach of peace.
Three weeks after he was said
to have collected the money form Opanin Okyere, the woman suffering from the
strange disease died. Superintendent of Police (ASP) Alex Yartey Tawiah, Head
of WAJU, Abena Mpoma was staying with her husband at Old Tafo in Kumasi. Last
December, she was suddenly attacked by a strange disease and as a result, her
father sent her to Yamfo for herbal treatment.
As the sickness worsened, a
family member called in the prophet, who explained that the woman was under a
spell and that a special olive oil at ¢240,000 would be needed for the prayers.
After he collected the money, he vanished into thin air after which the woman
died. Speaking to the ‘Times’ in an interview, the suspect said he bought the
said oil but sold it when he heard of the death of the woman and that the woman
was with somebody whose name he could not mention. - The Ghanaian Times
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