GRi Newsreel 22 – 03 - 2002

Govt says will push for review of Supreme Court verdict

Plans underway for Home Coming Summit 2002

TB kills about 1000 in Upper East annually

Upper East alert as CSM breaks out in Burkina Faso

Upper West schools lack hostel facilities

Tension mounts in Peki/Tsito area

US Visa contractor remanded in custody

Legal Aid Board comes into effect

 

 

Govt says will push for review of Supreme Court verdict

 

Accra (Greater Accra) 22 March 2002 - The government on Thursday affirmed that it would go ahead with its bid to push for a review of the Supreme Court's 5-4 verdict on the unconstitutionality of the Fast Track High Court now that the justices had given their reasons.

 

"Yes, we will," the Minister of Information and Presidential Affairs, Mr Jake Obetsebi-Lamptey said, when asked whether the government would go ahead to ask for a review.

 

According to a GNA report, the government did not want a disruption in the dispensation of justice and review would ensure; "that the previous cases, the civil cases, will stand and we will be free to go ahead with the modernisation of our courts.

 

Mr Obetsebi-Lamptey said the government was determined to strengthen the judiciary as an institution and the country's democracy. He said the Attorney -General was putting the papers together and would file them soon.

 

The Minister dismissed criticisms that the government indicated its stand to seek a review even before the Supreme Court justices had given reasons for their decision saying they had to do that to beat the time. "There is a time bar that you had to beat," he said, adding that the date fixed for reading out the reasons for the verdict fell after the time bar.

 

The Supreme Court on February 28 upheld arguments of counsel for Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC), that the Fast Track High Court was unconstitutional but deferred the reasons until Wednesday.

 

Mr Tsikata had sought: "A declaration that there is no 'Fast Track Court' to try criminal cases established under the Constitution of the Republic of Ghana, and there is, therefore, no constitutional foundation for the Plaintiff to be prosecuted before such court;

 

"A declaration that the oral demand by agents of the Defendant to Plaintiff to appear before a 'Fast Track Court' when no such court for trial is provided for in the Constitution of Republic of Ghana, is an infringement of Articles 125 and 126 of the Constitution establishing the Judiciary; "An injunction against the Defendant and their agents restraining them from seeking to proceed with a trial of the Plaintiff before the purported 'Fast Track Court'."

 

Mr Tsikata was charged with wilfully causing financial loss of 2.15 billion cedis to the State. He allegedly circumvented laid-down corporate objectives of GNPC when he by-passed its Board and on his own, committed the GNPC to guarantee a loan for Valley Farms Limited, a private cocoa-growing venture in which GNPC had 17.39 per cent shares.

 

The loan of 5.5 million French Francs was granted by Caisse Francaise de Developpement, a French aid agency, and when Valley Farm defaulted in the repayment of the loan Mr Tsikata without prior approval of the GNPC's Board, allegedly paid out the principal amount plus interest, all totalling 6,919,123.23 French Francs from GNPC operational accounts thus causing financial loss to the state.

 

The five justices of the Supreme Court, who declared the Fast Track High Court unconstitutional on February 28, said the it was not known to the Constitution, when they gave their reasons.

 

The five, who were in the majority were: Mrs Justice Joyce Bamford-Addo, Mr Justice A. K. B. Ampiah, Mr Justice F. Y. Kpegah, Mr Justice E. D. K. Adjabeng and Mr Justice Theodore Adzoe.

 

They explained that in making provision for the administration of justice, the Constitution did not establish any court known, as the FTC neither had Parliament under Article 126 (i) (b) of the Constitution exercised its power to establish any such court.

 

They pointed out that Parliament in the exercise of its powers under the same article had established circuit and community tribunals under the Courts Act; Act 459 of 1993 sections 40 and 46 and granted them specific criminal jurisdiction. They said there has been no similar legislation creating any FTC.

 

The four justices, who dissented, were: Chief Justice Edward Kwame Wiredu, Mr Justice George Acquah, Mr Justice Williams A. Atuguba and Ms Justice Sophia A. B. Akuffo.   

 

They said the reasons adduced by the majority were porous and legally untenable. They argued that all the courts were constitutionally established and that the Fast Tract High Court High Court was only a division of the High Court and wondered why the plaintiff said it was unconstitutional.

 

The Minority explained that there are High Courts in all the regional capitals and some of the district capitals including Denu, Hohoe, Nkwakwa and Mampong and that they were established under the 1992 Constitution with the aim of bringing justice to the doorsteps of many Ghanaians and no parliamentary approval was sought.

 

They said the FTC is an ordinary High Court with innovations- new technology to facilitate the process of justice delivery. The FTC was a division of the High Court at an experimental stage but when all the High Courts became automated the adjective "Fast Track" would no longer apply, they said.

 

They stressed that the Fast Track Court was essentially a division of the High Court with improved facilities that followed the normal procedure of the traditional High Courts.

 

Following the Supreme Court's decision Mr Tsikata was arraigned at a normal High Court where he also won another legal battle when the court upheld his contention that the charge was unconstitutional.

 

The court upheld his arguments that the charge under which he was charged took effect in July 1992 while he was alleged to have committed the offence in February 1992.

GRi../

 

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Plans underway for Home Coming Summit 2002

 

Accra (Greater Accra) 22 March 2002 - Plans are far advanced by the Kumasi Metropolitan Assembly (KMA) to make the maiden Home Coming Summit very successful.

 

The summit, which is expected to take off from July 21 to July 28, will be under the theme "Home Coming, Rebirth of the Garden City" with an objective to bring both national and international focus back to the Garden City, Kumasi.

 

More than 500 Kumasi citizens living in USA, United Kingdom, Holland, German, Canada, Japan and some parts of Africa have confirmed to attend the week-long summit.

 

On the local scene, all the 13 districts in the Ashanti Region, foreign companies, timber industries, beverage companies have also expressed enthusiasm in the programme and have pledged to assist in its success.

 

The official logo of the programme has already been prepared by the planning committee chaired by the Metropolitan Chief Executive (MCE), Mr. Maxwell Kofi Jumah, who has adopted Ashanti cultural colours of yellow, green and black, as official colours of the programme.

 

Jumah told Chronicle that the Assembly is involving all stakeholders in business communities including Empretec, Association of Ghana Industries (AGI), Ghana Tourist Board (GTB), Centre for National Culture, security services and Ghana Chamber of Commerce and Industries.

 

Other programmes outlined include a Trade Fair at the Jackson Park, business conferences, seminars and workshops and photographs exhibition to depict Kumasi investment potentials.

 

This summit is expected to be bigger than last year's Ghana Home Coming Summit as there will be one shop where representatives of the important ministries such as Ghana Immigration Service, Ministry of Finance, Trade and Industries, Land and Forestry will be at one spot to process the required ways of all prospectuses in inventory order.

 

Security concern of the participants is under control as KMA has recently donated mobile phones and vehicles to the Police Service to step up its fight against armed robbers in the city.

 

A website is also being created by Computer Processing Centre (CPS) to facilitate free flow of information on the summit to other parts of the world. The Dutch Airline KLM is the official Airline whilst New Era Press is also responsible for printing of handouts, brochures and conference materials. The chief executive indicated that there will be a maximum of four conferences a day where investment opportunities in Kumasi will be the centre for discussion.

 

According to the chief executive, July 22, 2002 will be the official opening at Prempeh Assembly Hall. Between 22 to 26 July will also be workshops and seminars whilst 27 July will host a grand durbar of chiefs and people of Kumasi and the participants.- Ghanaian Chronicle.

 

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TB kills about 1000 in Upper East annually

 

Bolgatanga (Upper East) 22 March 2002 - About 1,000 people die annually of tuberculosis (TB) while an average of 200, report to health institutions for treatment, in the Upper East Region.

 

It is estimated that about 2,000 get infected with the disease every year but majority of them fail to seek medical treatment because of the stigma attached to the disease, Mr Samuel Angyodem, Regional TB Co-ordinator, said in an interview in Bolgatanga, on Thursday.

 

He explained that the mortality rate was because many of those infected either failed to report in good time or did not do so at all, while others reported late when the infection was in an advance stage.

 

Mr Angyodem also said because of the stigma, some people sent their TB patients to health institutions far away from their areas and failed to follow the right treatment due to the distance involved.

 

Mr Angyodem said TB treatment took about eight to 12 months, depending on the severity of the infection, adding that, the treatment had to be adhered to strictly even when the patient felt better otherwise the person would not be cured.

GRi../

 

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Upper East alert as CSM breaks out in Burkina Faso.

 

Bolgatanga (Upper East) 22 March 2002 - Health Authorities in the Upper East Region are on the lookout for a rare type of Cerebro Spinal Meningitis (CSM), which is reported to have broken out in neighbouring Burkina Faso.

 

Dr Erasmus Agongo, Upper East Regional Director of Health Services, who announced this in an interview with the GNA in Bolgatanga on Thursday, said there was no known vaccine for the cure of this type of CSM known as "W135" in African medical circles.

 

He said a few samples of spinal fluid from CSM patients currently on admission at the Navrongo Hospital had been taken for examination to ascertain the strain of the disease.

 

Dr Agongo said health personnel near the Ghana-Burkina Faso boarder were ready to monitor any cases of the CSM. The Regional Director advised people in the area to drink a lot of water and sleep in well-ventilated rooms or in the open, as temperatures could rise as high as 40 degrees Celsius in the afternoons and still remain high at night.

 

The CSM causative agent strives best under high temperatures and easily spreads in crowded areas, he explained.

GRi../

 

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Upper West schools lack hostel facilities

 

Wa (Upper West) 22 March 2002  - The lack of dormitories and other basic boarding facilities in most senior secondary schools in the Upper West Region has led to a high school drop-out rate, particularly among girls in the region, Mr Sahanun Mogtari, Regional Minister said on Thursday.

 

As a result most students especially the girls fell prey to opportunistic men who ended up making them pregnant and stalling their progress in education, Mr Mogtari observed at Wa when he opened the Regional Education Forum and also welcomed the President's sub-committee members of educational reforms into the region.

 

Mr Kosi Kedem, Member of Parliament for Hohoe South, led the government's delegation to the region. They would among other things find out the peculiar problems facing education at all levels in the region, find out where immediate solutions could be provided.

 

Mr Mogtari suggested the provision of hostel facilities in every community senior secondary school to save the students the ordeal of looking for their own accommodation and other facilities upon admission.

 

He said polytechnics, technical and vocational schools should be properly equipped to provide training avenues for graduates of senior secondary schools who could not make the grade to tertiary institutions.

 

The regional minister condemned the recent violence and rampaging behaviour of students in some schools in the country and urged parents, traditional rulers and educationists to collaborate effectively to stem it at all levels.

GRi../

 

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Tension mounts in Peki/Tsito area

 

Ho (Volta Region) 22 March 2002 - The Ho Police have beefed up security in the Peki and Tsito Traditional areas to forestall any resurgence of hostilities following a shooting incident on Sunday March 17, which claimed the life of Alex Kudzo Gbemeh, a citizen of Tsito.

 

Nine others were injured, out of this, five were treated and discharged at the Ho Regional Hospital while four, Wisdom Dzadake, Alice Samovi, 40, William Agbo, alias Papa, 20, Ebenezer Asempah, 31 and Dickson Bani, 34 have been admitted at the hospital.

 

Mr James Amo, Assistant Commissioner of Police (ACP) in-charge of Volta Region, told the Ghana News Agency on Thursday that on March 17 at about 1400 hours, Mr Emmanuel Kwasi Kpho and Togbe Dzadake, citizens of Tsito Awudome reported a shooting incident to the Anyinase Police.  

 

The two told the Police that 15 members of a newly formed Tsito Young Boys Association had been shot at while working on a community farm at "Graphic-Koe", a disputed land on the border between Tsito and Peki, at about 0800 hours on Sunday by unknown assailants suspected to be Pekis.

 

Mr Amo said on the prompting of Kpoh and Dzadeke that a member of the Association was missing, a search party comprising the Police, elders and some citizens of Tsito found Gbemeh, who was confirmed dead at the Regional Hospital at Ho and the body was deposited at its mortuary.

 

Mr Amo said reports indicated that the Tsito Association had been to the scene of the incident on March 10, to clear the land and that the incident happened on their second visit to the farm. He said the Police were undertaking a thorough investigation into the circumstances of the attack and were making efforts to contact leaders of the two traditional areas.

 

Mr Amo said at present, calm had returned to the area, however, the Police were not taking things for granted and have, therefore, intensified patrols and sharpened security prerequisites on the ground to deal with any breach of the law. Meanwhile, a Regional Security Council meeting had been scheduled for Thursday to review the security situation in the area, Mr Amoh said.

GRi../

 

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US Visa contractor remanded in custody

 

Tema (Greater Accra) 22 March 2002 - The Managing Director of Transwell African American Development Company, a false United States Visa contracting firm, was on Thursday remanded in custody by the Tema Circuit Tribunal on charges of defrauding a soldier of 11 million cedis.

 

Dennis Brown Akoto pleaded not guilty and would reappear on March 27. The tribunal chaired by Mr Ringo Cass Azumah heard that the complainant, a solider at the Burma Camp, was introduced to Akoto who promised to obtain a US Visa for him.

 

She said Akoto demanded 3,500 dollars from the soldier but he was able to pay 700 dollars as an advance and later deposited another 200 dollars plus 2.5 million cedis.

 

Akoto in February 2002 gave a photocopy of US Visa bearing the complainant's name to him to prepare for his trip to US and explained that he would collect the original Visa together with his passport in three days' time. Accused left and was never seen again. Akoto was later arrested. When a search was conducted on him, 15 Ghanaian passports and other fake travelling documents were found.

GRi../

 

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Legal Aid Board comes into effect

 

Accra (Greater Accra) 22 March 2002 - Nana Addo-Dankwa Akufo-Addo, Minister of Justice, on Thursday inaugurated the Legal Aid Board, with a call on members to help establish an efficient, attractive and skilful legal service that would be well motivated to assist the Attorney-General's office to deliver its mandate.

 

He also urged them to help bring sanity into the chaotic and most times indiscipline social set up. "Above all it is hoped that you will have helped in putting the rule of law at the apex of our social life."

 

The eight-member Board, which is required to advise the President on matters connected with the structure and conduct of the affairs of the service, has Nana Akufo-Addo as Chairman. The others are Ms Gloria Akuffo, Deputy Attorney-General and two government appointees - Mr William Boafo and Mrs Dorcas Coker-Appiah.

 

The rest are Mr Jones Dotse, representing the Ghana Bar Association, Mr Mike Gabah, Acting Secretary to the Public Services Commission, Mr Emmanuel Akwei Addo, Solicitor-General and Mr Justice Williams Atugubah, a Supreme Court Judge, representing the Judicial Service. The Board has Mr Cornelius Stephen Sackey as its secretary.

 

Nana Akufo-Addo urged the Board to take appropriate measures to fully implement the provision in the Legal Service Law that required all legal officers for employment in public services to be interviewed by the Board before their appointment.

 

"We have a situation where most public services have employed legal officers with better service conditions, yet when they are faced with any legal suits, these public services seek refuge in this service.

 

"All these are happening in an environment of increasing indiscipline, when laws are not enforced, when armed robberies are prevalent and when brutal murder of spouses have become the norm." Nana Akufo-Addo called on the Board to devise attractive conditions of service to enhance recruitment and appointments to meet the challenges of the times.

 

The Attorney-General said in these times of modernisation the onus would be on the Board to provide information technology facilities for the service to enable it to have easy access to information on the worldwide web.

 

He asked them to establish a public complaint and enforcement unit to help the A-Gs department to monitor the enforcement of laws generally and the exercise of the prosecution powers delegated to the various agencies.

GRi../

 

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