GRi Newsreel 30 – 04 - 2003

NDC condemns judgement on Quality Grain case
District Assemblies urged to invest in tourism
Re-entry of Olympio leads to temporary closure of border
Tempers flare in court during cross-examination
Pro V.C of University of Ghana cries for assistance
Political Parties not allow to feed suspected rioters
Government will protect fishing industry
Chief appeals for calm in Dagbon
Quality Grain has positive lessons for public officials
Scientists and Technologists in President's Initiatives

Ghana determined to open a mission in Spain-Kufuor
Ghana honoured by the visit of the Saudi Prince-Kufuor

Amend Ghana's Electoral Laws
On-line database for African universities

 

NDC condemns judgement on Quality Grain case

Accra (Greater Accra) 30 April 2003- The National Democratic Congress (NDC) on Tuesday said it appreciated the fact that public officials ought to be held accountable for their actions but it should not be used as a weapon to witch-hunt political opponents.

It said it was shocked and disappointed in the judgement given in the Quality Grain case on 28 April by an Accra Fast Track High Court in which former ministers in the previous regime were jailed for various terms for causing a 20 million dollars loss to the State.

Dr Obed Asamoah, Chairman of the NDC, was reacting to the judgement in a statement on what came to be now known as the "Quality Grain Case" said the law under which the people were charged was: "a complete novelty in the criminal history of the country and ought to have been handled differently."

It said: "Indeed, the presiding judge Justice Kwame Afreh himself has stated on more than two occasions, and in his judgement, that the Quality Grain Case is not a case of stealing, it is not a case of embezzlement, it is not a case of illegal transfer of funds to an account whether personal or belonging to another person, and it is not a case of corruption.

"It is a case in which public officials are being punished for 'error of judgement' framed on a charge known as 'wilfully causing financial loss to the State.'" The statement said it was, therefore, worthy of note that the Judge cleared the accused persons of theft, fraud or any moral turpitude.

"In the circumstances, therefore, the sentences imposed on them are considered rather harsh." The statement said short of total acquittal, the NDC was of the view that having regard to the special circumstances of the case, lighter sentences such as fines should have been imposed on the accused persons rather than the custodial sentences.

"Furthermore, it is also a notorious fact that Mrs Cotton, the Lady in the centre of the Quality Grain project, was convicted in the U.S. last year for defrauding the Ghana Government of which the former appointees and public officials were members, and nowhere was any reference made to either their connivance or complicity in the crime."

The statement said it was, therefore, cruel that victims of a crime have to be penalised for what was committed on them for not having in any way benefited from the transaction and yet were being made to suffer.

It described the sentences as "most unfair" adding that Mrs Cotton had stood trial in the U.S. and the court had actually ordered her to reimburse the Ghana Government with the amount by which she defrauded the country.

"Ultimately, therefore, there cannot be any loss to the State when the re-imbursement is made.  In addition, international experts in rice production have confirmed both the viability of the project and the quality of the equipment."

The statement said the NDC viewed yesterday's judgement as being unreasonable if the basis for it was that the State had suffered a loss, as indeed the Ghana Government was to enjoy restitution.

It expressed surprise at the political turn the judgement took as though the NDC was on trial when the former President J.J. Rawlings and the former Vice President Professor Evans Atta Mills were virtually indicted by his Lordship Justice Afreh in a case in which they were not standing trial. "They were subjected to attacks and vilification."

It said the NDC considered it most unfortunate and uncalled for and gathered from the judgement that the ruling NPP Government was bent on pursuing diabolical agenda to annihilate the NDC as the biggest opposition party using the Judiciary as its instrument.

The statement added: "The judgement itself has set a very dangerous precedent of both current and future political office holders, as their actions and inactions are likely to be subjected to the same test." In the court judgement on Monday Mr Kwame Peprah, was jailed four years while Mr Ibrahim Adams was sentenced to two years imprisonment both of them were former Ministers of Finance and Agriculture, respectively.

Dr George Yankey, former Director of the Legal Sector, Private and Financial Institutions Division of the Ministry of Finance, was also jailed two years. Dr Samuel Dapaah, former Chief Director of the Ministry of Food and Agriculture and Nana Ato Dadzie, former Chief of Staff at the Presidency, who were jointly charged with the three others were acquitted and discharged. Their trial lasted for two years.
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District Assemblies urged to invest in tourism

Takoradi (Western Region) 30 April 2003-Jacob Oti Awere, Western Regional Manager of the Ghana Tourist Board, has called on district assemblies to invest in tourism to earn enough income to undertake projects to improve the lot of the people.

Speaking at a meeting of the Shama-Ahanta East Metropolitan Tourism Committee in Takoradi on Tuesday, he proposed the development of a number of tourist sites to the Assembly to enable it tap the enormous tourism potential in the area to support economic development.

Awere said one of the sites was Supomu, a four-kilometre square island in the middle of the Pra River, which had eco-tourism potential. The main vegetation on the island is bamboo, which could be harvested for construction purposes. Awere said a footbridge could be built from the shore to the island, the habitat of crabs, mudskippers, hawks, hood vultures and egrets.
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Re-entry of Olympio leads to temporary closure of border

Aflao (Volta Region) 30 April 2003- Togo on Tuesday shut it side of the Ghana/Togo border at Aflao to enable officials of that country to check the documents of Gilchirist Olympio, a Togolese Politician.

It was the second time in four days that Mr Olympio crossed from Ghana to Togo to go to process his papers to contest the June 1 Togolese Presidential election. Olympio arrived at the Ghana side at around 9005 hours but was delayed for two hours at the Togo side of the border during which time all travellers were barred from leaving or entering Togo.

The border remained closed for two hours. Olympio was using a photocopy of his Ghanaian passport because the Togolese officials took the original one from him for verification the first time.

Togolese sources told the GNA that, Olympio on Tuesday presented himself for medical examinations at the Lome University Hospital as part of the requirements for standing for the Presidential Election in Togo. His blood, urine and other tests for mental and physical alertness were conducted under the supervision of three Togolese doctors.

The sources said Olympio, who has no Togolese passport put in application for an identity card during his short stay in Togo on Tuesday. The Togolese officials, who rejected a French tax clearance certificate that Olympio presented, insisted that he should present only a Togoleses tax clearance certificate, which is also a requirement for nomination.

Hundreds of Olympio's supporters some on motorbikes and in cars while others were running, accompanied him back to the Aflao border at around 1630 hours on his way back to Accra. Togolese Police holding shields and batons came along with the convoy to the Aflao border.
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Tempers flare in court during cross-examination

Accra (Greater Accra) 30 April 2003- Tempers flared at an Accra Fast Track Court (FTC) between a defence counsel and a Witness over counsel's constant suggestions to Witness on a name that appeared on a document, that was about to be tendered in evidence on Tuesday, in the on-going trial involving Sherry Ayittey and three others.

Madam Georgina Okaitei, the Seventh Prosecution Witness in the Ghana Rubber Estates Limited (GREL) Divestiture case, who was under cross-examination by Counsel, D.O. Lamptey, had repeatedly in an answer to a question, disagreed with counsel that her name was Georgina Okaitei Nunoo.

She explained that Nunoo was the surname of her four children since her former husband was called Nunoo. The court is trying four persons for their alleged involvement in corrupt practices during GREL's privatisation. They are, Hanny Sherry Ayittey, Treasurer of the 31st December Women's Movement (DWM); Emmanuel Amuzu Agbodo, Former Executive Secretary of the Divestiture Implementation Committee; Ralph Casely-Hayford, Businessman and Sati Dorcas Ocran, Housewife.

All the four were alleged to have influenced the DIC Board to divest GREL in favour of Societe Industrielle Plantation Hevea (SIPH) and they have denied their various charges. The Court, presided over by Justice J. C. Amonoo-Monney, Appeal Court Judge, with an additional responsibility on the case as a High Court Judge, has granted each of them a self-recognisance bail.

Madam Okaitei said her marriage was a customary one, saying the marriage fell on rock over 20 years now. She was emphatic that her surname was Okaitei. When counsel suggested further to Witness that her name was Nunoo, because she signed a document, an affidavit attached to a motion, which bore the full name of Georgina Okaitei Nunoo, she stressed that her business partner had been writing the name on other documents, including receipts that acknowledged payments to him.

Madam Okaitei said her partner, Jacob Larbie, who was advised to desist from using the name Nunoo for her, had earlier told her (Witness) that he was using the surname because of her children. At this stage when Witness could no longer tolerate constant suggestions on the surname, she began to use words like "Oomale. Amalelor," meaning Lamptey lied to the court.

Lamptey did not take kindly to Witness' utterances and shouted on her ntil the Trial Judge intervened. ustice Amonoo-Monney told Counsel that Madam Okaitei was not to be treated as an accused person and that she ought to be considered as a Witness in the case, whose assistance was being sought to bring about social justice.

When the Trial Judge asked for the views of the Prosecution, Osafo Sampong, Director of Public Prosecutions (DPP), said: "If you do not respect the Witness, do you think she would return same?" The case was adjourned to Thursday, 8 May for continuation.
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Pro V.C of University of Ghana cries for assistance

Accra (Greater Accra) 30 April 2003- Professor Ofori Sarpong, Pro-Vice Chancellor of the University, said the university has of late faced a lot of constraints and might not be able to carry out its mission in the future.

"Facilities are going down, research and teaching quality are also in trouble' Professor Sarpong was speaking at the re-opening of a renovated Museum for the Department of Archaeology and the launch of a 158-page book titled: "The Bead Is Constant."

Professor Sarpong said 90 per cent of the University's subvention goes onto salaries, wages and teaching facilities. He said the recent population of the university had also over burdened its ability while the students were also demanding free tuition.

Professor Sarpong said the renovation work and the book were funded by the US Embassy at the cost of 15,000 dollars and appealed to other embassies and benevolent organisations to emulate the US Embassy and assist the University in its efforts to  provide most of its departments, halls with the necessary facilities.

He said much as the university needed books, it also needed funds to computerise all its faculties. Mrs Mary Yates, US Ambassador to Ghana, opened the museum and Atukwei Okai launched the book, a copy of which is 85,000 cedis. Professor Atukwei Okai, Secretary General, Pan African Writers Association said it was time Ghana appreciated the bead business as a source of a non-traditional export.

"We must work out a system of expansion, training, refinement, classification, packaging, promotion strategy and export of beads, he said. Okai said Ghana needed to remember the lesson from the Kente experience and move fast before she was overtaken by events and other initiatives from outside to the detriment of her interest.

He said the book introduces the reader to the origins and emergence, creation and recreation of the bead. Okai said Ghana must envisage a future for the bead museum by designing and building a whole block to make room for a fuller research programme.

Dr Yaw Bredwa, Dean of the Department, said the museum used to be a teaching one but now it would be for the public as well. He said with enough funds, it could be extended and the Department would also continue to change the faces of the artefacts. Some women and men from Manya Krobo with knowledge in the bead trade and who volunteered information during the research were given certificates.
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Political Parties not allow to feed suspected rioters

Tamale (Greater Accra) 30 April 2003 - The Tamale Municipal Security Committee (TMSC) on Monday met with butchers to resolve differences among them in their operations. Ernest Debrah, Northern Regional Minister, told newsmen at a press briefing that the TMSC was still having discussions with the butchers to stop them from operating on political lines since that could lead to further clashes in future.

Most of the butcher's shops in the Municipality have remained closed in the aftermath of last Tuesday's clashes between some rival groups believed to be NPP and NDC supporters. He said the TMSC was making frantic efforts to bring them together to
operate in an atmosphere of peace, devoid of political or chieftaincy undertones.

Debrah said the Regional Security Council also met with some executive members of the NDC who requested to be allowed to provide food for their supporters in prisons custody. He said the REGSEC turned down their request since there were other political party supporters among the detainees. However, they could do that through charitable organisations or as individuals, Debrah said.

He said the NDC Executives have promised to talk to its rank and file to maintain peace while efforts were being made to resolve the issues. Brigadier George Aryiku, General Officer Commanding the Northern Command, said the military tradition did not allow political parties to be visiting its installations. "The military is above political parties," he said, and urged the people to observe the rules and regulations of the military.
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Government will protect fishing industry

Elmina (Central Region) 30 April 2003- The deputy director of Fisheries, George Hutchful on Tuesday said government would soon put patrol boats on the sea to prevent industrial vessels from operating in areas demarcated for artisanal fishing.

He said this had become necessary following reports that vessels, which were licensed to do deep-sea fishing, were operating in shallow waters thereby obstructing artisanal fishing. Hutchful was speaking at a forum organised by the National Commission for Civic Education as part of activities to mark the third annual constitution week at Elmina.

The forum, which was attended by chief fishermen and a cross section of the public, was on the theme: "strategies for poverty reduction - the Ghanaian fisherman" and was aimed at educating the people, particularly the fishermen on their civic rights and responsibilities.

Hutchful said the government was aware of the poverty level in the country and was doing everything possible to reverse the trend. He said plans were far advanced to introduce extra income-generating activities for fishermen to minimize the pressure on fish stocks.

Hutchful also said measures were also in place to establish small-scale industries near the fishing communities to create jobs for the youth. He urged the fishermen to form cooperatives to enable them to benefit from financial assistance.

Larry Bimi, Chairman of NCCE, called on Ghanaians to show interest in the nation's democracy by questioning the activities of people in authority. He said it was when people begin to question the work of leaders that they would sit up.

The chairman said for true democracy to be consolidated, citizens must be interested in the nation's governance by participating in day-to-day running of government instead of leaving it to those in authority alone.

Bimi entreated the people to acquire copies of the 1992 Constitution to enable them to contribute meaningfully to nation building. He said: "You will not be able to contribute meaningfully towards good governance without studying the constitution".

Bimi asked them to honour their tax obligations, adding that, "it is when you pay your taxes that you would have the courage to question people in authority how they have been spending the money."

Nana Ato Arthur, District Chief Executive of Komenda-Edina-Eguafo-Abrem, commended the NCCE for organising the forum and urged them to help the various district assemblies to form civic clubs. The fishermen expressed concern about the activities of vessels on the sea and urged the government to safeguard artisanal fishing in the country's shallow waters.
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Chief appeals for calm in Dagbon

Kpembe (Northern Region) 30 April 2003- The Kpembewura, Ibramah Harruna, paramount chief of the Kpembe traditional area, has appealed to citizens of Dagbon to re-think and try to settle their differences for the sake of their children.

He explained that by engaging in conflicts, the people were destroying the area's human resource and development and that this might affect their children in future. The Kpembewura made the appeal when the out-going Minister of Trade and Industries, Dr Kofi Konadu Apraku paid a courtesy call on him at his palace on Monday.

Dr. Apraku was at Salaga in the East Gonja District to commission a 200 million-cedis Trade Facilitation Centre, initiated by the Member of Parliament for the area, Boniface Abubakari Saddique. Chief Harruna urged Dagombas to forgive one another and try to uphold brotherhood and allow development to come to the people, saying, "to err is human and to forgive is divine."

He called on the government to be dedicated to governance and remain positive in decision-making to improve the economy. The Kpembewura urged the government to make the welfare and the development of the youth its priority.

He called for credit support for farmers to increase agriculture production to feed the industries. Dr Apraku announced that a sheabutter extracting factory would be established at Salaga soon to help the women to process the crop for export. He advised the youth to go into agriculture to produce more food to feed the industries that government would be establishing in their area.
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Quality Grain has positive lessons for public officials

Accra (Greater Accra) 30 April 2003- The Quality Grain trial has sent a clear lesson to public officials that they could no longer take the sweat and toil of the people for granted, Kwabena Agyepong, Press Secretary to the President, said in Accra on Tuesday.

He said the trail should also remind public officials of the high level of responsibility placed on them in the disbursement of public funds. Speaking to the Presidential Press Corps at the Castle, Osu, Agyepong, who is also the Presidential Spokesman, debunked the notion that the trial and ruling were politically motivated.

He said it was also not true that the ruling was tended to criminalise the exercise of administrative discretion in the performance of duties of public officials and would stall initiative. An Accra Fast Track High Court presided over by Justice Dixon Kwame
Afreh on Monday sentenced three former top public officials to various terms of imprisonment.

The Court found them guilty of conspiracy and causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region, with the connivance of an American woman, Mrs Juliet R. Cotton.

The Court Richard Kwame Peprah, Former Minster of Finance, was sentenced to four years' imprisonment. Ibrahim Adam, Former Minister of Food and Agriculture (MOFA) and Dr George Yankey, a Former Director of Legal Sector, Private and Financial Institutions of the Ministry of Finance, were sentenced to two years' imprisonment each.

The court acquitted and discharged Nana Ato Dadzie, Former Chief of Staff and Dr Samuel Dapaah, Former Chief Director of MOFA. It had earlier acquitted and discharged Kwesi Ahowi, former Chief Executive of the Ghana Investment Promotion Centre (GIPC) because the Prosecution failed to establish a prima facie evidence against him.

Agyepong said the fact that three out of the six officials were convicted indicated that it was not a political trial, because all due processes of law were followed for the two years that the trial lasted and they exhausted all legal discourse in their defence.

He said the imprisonment of three Ministers of the previous government out of the about 80 did not mean that the previous government was put on trial. "The law under which they were prosecuted was not made by the NPP government; it was an existing law in the criminal code and Mallam Issah, a member of the NPP government, had suffered a similar fate." Agyepong said information and documents available indicated that the accused persons had sufficient advice and caution not to pursue the project but they were all ignored.
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Scientists and Technologists in President's Initiatives


Accra (Greater Accra) 30 April 2003- Professor Jerome S. Djangmah, former head of the Department of Zoology of the University of Ghana, on Tuesday, called for the involvement of scientists and technologists in all the President's Special Initiatives (PSI) to ensure their success.

He said science and technology was the foundation of every development and creation of wealth. And for the success of the President's Special Initiatives, there should be a very strong involvement of scientists and technologists to give technical advice and impact their knowledge as well.

"Government spends so much importing technical advisors from other countries whilst the country has brilliant scientists and technologists who could offer the same advice as their counterparts brought in from other countries".

Prof. Djangmah made the call at the opening of a two-day science colloquium for students and members of the Faculty of Science as part of its academic activities for the year. The colloquium under the theme: "The role of Science in the Wealth Creation" would give members of the faculty the opportunity to discuss some scientific research findings.

Prof. Djangmah noted that the areas selected by the President as his special initiatives were very good ones that would yield the government a lot of wealth if scientists and technologists were involved to sustain them adding, "every initiative should have a research development component".

"Ghana had independence before Malaysia but Malaysia had been very successful and far advanced in technology than Ghana. This had been so because the government saw the need and the important role of science and technology in the building of their nation".

He said scientists and technologists must also embrace the initiative and move it forward instead of waiting for government to invite them. "It is time for us to put an end to this awkward attitude if we want to move forward in development as a nation". He urged government to ensure that all sectors and ministries use the science and technology resources of the nation adequately and create high value added jobs for science and technology manpower. "The most important thing is for government to create funds for research and development activities and place high value on science research as it is done in most developing countries for wealth creation".

Professor Marian Ewura Ama Addy of the Department of Biochemistry of the University, who spoke on the: "Science Education: Does it Prepare us for Wealth Creation", said most student lose interest in studying science to a higher level because of lack of practical resources.

She explained that the study of science in the country had always been theory without relating whatever the students study in the classroom to the environment. "An example is the study of Cocoa, we say our Cocoa is the best but have we learnt scientifically about how it became the best"?  Science students must be taken to the field to see how the seed is like and how it grows to become the best". Prof. Addy reiterated the need do science in a more practical way to attract more students, especially girls by providing more resources for science departments.
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Ghana determined to open a mission in Spain-Kufuor

Accra (Greater Accra) 30 April 2003- President John Agyekum Kufuor on Tuesday reiterated that government was determined to establish a permanent mission at the Ambassadorial level in Madrid, Spain.

He said the renewed relationship between Ghana and Spain would feature prominently in the annals of Ghana's history. President Kufuor said this when the out-going Spanish Ambassador in Ghana, Fernando Corral paid a farewell call on him at the Castle, Osu.

The Ambassador is returning to Spain after a four-and-a half year duty in Ghana. President Kufuor commended Mr Corral for the good efforts he made to renew the relationship between the two countries and for working towards a 40 million dollar credit facility restored to Ghana.

He said Ghana was yet to enjoy the full benefit of the facility and that government would pursue efforts to access an additional 100 million dollars credit facility promised by the government of Spain.

He appealed to Corral to continue to be a very good spokesman for Ghana in Spain to attract more investors to Ghana. Corral gave the assurance that the cordial relationship between the two countries would continue even after his departure.
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Ghana honoured by the visit of the Saudi Prince-Kufuor

Accra (Greater Accra) 30 April 2003- President John Agyekum Kufuor on Tuesday said Ghana was honoured to have the Saudi Prince, Alwaleed Bin Talal Bin Abdul Aziz Alsaud, as a strategic development partner.

 

"We feel happy to have an honoured partner like you as a strategic development partner for our mutual benefit". President Kufuor made the observation when the visiting Prince paid a courtesy call on him at the Castle, Osu.

The 48-year old Prince, who is leading a 22-member business delegation on a three-day exploratory investment visit, is also the Chairman of the Saudi-based Kingdom Holding Company. His business holdings cover Banking, Estate Development, Hospitality, Telecom, Agriculture, Information Technology, Broadcasting, Media, Entertainment, Travel and Automotive Manufacturing.

President Kufuor urged Prince Alwaleed to consider offering assistance to revamp the Ghana Airways to retain its status as a major airline in the Sub-Region, the education sector and research institutions in the health sector to combat or reduce malnutrition among children, malaria and the

HIV/AIDS menace. He said the visit had established a firm foundation for the relations between the two countries, especially the Moslem community and the assistance offered by the Saudi government to Ghanaian pilgrims to Mecca. Prince Alweed pledged to play a major role in Ghana's socio-economic development efforts and invest in sectors that would be of immense benefit to the people.

He said Ghana had the peace and stability to attract investors and with a viable private sector, would be a better destination for investment. "I would endeavour to assist the government and Ghanaians to fulfil their aspirations in development," he added.
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Amend Ghana's Electoral Laws

Accra (Greater Accra) 30 April 2003- Justice George K. Acquah, a Supreme Court Judge, has called for an amendment of Ghana's Electoral Laws to provide a forum for people wishing to challenge eligibility of candidates to do so before the polling day.

He noted that it was proper and prudent to give an opportunity to whoever desired to challenge the eligibility of a Parliamentary or Presidential candidate before polls were cast to save the nation the pain and cost that would arise out of a bye-election.

It is estimated that each of the six recent by-elections cost the taxpayer not less than 100 million cedis, a figure the Electoral Commission (EC) described as "moderate" when compared to the amount of money spent on elections and by-elections in the West Africa Sub-Region.

Justice Acquah, who was speaking at a Roundtable Discussion organized by the Electoral Commission (EC) and KAB Governance Consult on Election Dispute and Adjudication, proposed that the period within which nominations for Parliamentary and Presidential candidates were received and closed should be extended to accommodate pre-election challenges.

Registered political parties, lawyers, academia and the media attended the discussion aimed at initiating a national debate on finding acceptable and agreeable terms for election disputes and adjudication.

Justice Acquah said: "There should be a Pre-Election Eligibility Adjudication Committee (PEEAC) made up of either a district magistrate or a three-member panel chaired by a magistrate or a lawyer of not less than three years standing."

He suggested among other things that within three days from the day of posting the list of contesting candidates, whoever had an objection to the eligibility of a candidate should lodge same with the returning officer, who should notify the candidate concerned and place the objection before the Adjudicating Committee for hearing within seven days from the end of the objection period.

"Where the PEEAC upholds an appeal to a Pre-Election Adjudication Review Officer (PEEARO) who shall be a High Court Judge or a lawyer of not less than 10 years standing. The decision of the PEEARO shall be final," Justice Acquah said.

Justice Acquah said it was regrettable that as the situation stood now, there was no justifiable forum for someone, who desired to challenge the eligibility of a Parliamentary or Presidential candidate before the polling day could do so except perhaps to lay his complaint before the Returning Officer, "who may not be bold enough to entertain the complaint".

Nothing was also said in Regulation 7 (3) of the Constitutional Instrument (CI) 15 about what the Returning Officer should do after declaring someone unqualified or what the Attorney General should do with invalid returns and the candidate too had not be given a forum to challenge the Returning Officer's decision.

"Thus the above regulations are defective ... if the elections are to be perceived to be free and fair." He argued that since: "The Attorney General is a member of the ruling government and, therefore, may not be accepted by the other political parties to be capable of being impartial in such situations, especially if the rejected candidate happens to be one of the opposing parties.

"If there is no adjudicating forum to challenge the eligibility of a candidate before the polls, except in an election petition, then whenever such eligibility actions succeed in an election petition, the whole electoral process has to be repeated through a by-election to elect a new candidate."

He noted that the money involved in conducting such by-election alone made it imperative for the electoral law to provide a justifiable forum to resolve eligibility challenges before elections. "As the law stands, it is even doubtful whether the courts including the Supreme Court has jurisdiction to entertain before the polls actions challenging the eligibility of a candidate."

He cited the Ekwam versus Pianim and the National Patriotic Party versus the National Democratic Congress cases in 1996-1997 and 2000, respectively, as major examples. Other subjects discussed were the time for holding general election, registration of voters and the cancellation of the certificates of registration of political parties.

On the time for holding general election, Justice Acquah said there was the need to have some time lapse of about a month, between the final election and the time for the assumption of power by the incoming government. Article 113 (1) gives Parliament a four year term while 113 (2) empower Parliament, at any time when this country is actually engaged in war, to pass a resolution by not less than two-thirds of its members, extending this up to four years period for not more than 12 months at a time.

In the case of a President, article 63 (2) provides that the Presidential elections shall be held so as to begin where a President is in office, not earlier than four months nor later than one month before his term of office expires; and in any case within three months after the office of President becomes vacant.

Justice Acquah noted that whereas Parliamentary elections were to be held 30 days before 7 January of the last session of the outgoing Parliament that of a President should be held not earlier than 7 September and not later than 7 December of the last year of the outgoing President.

"In the face of this, it appears Parliamentary elections cannot be held earlier than 7 September of the last year, whereas the latest date for the holding of Presidential elections should be 7 December," he said. Justice Acquah argued for article 112 (4) to be amended, so that both the Presidential and Parliamentary elections were held on the same day and the 30 days to read 60 days, so that both elections could be held within the second week of November of the last term of the President and Parliament.

"Such an early election would afford sufficient time for the incoming elected President to prepare properly to take over," he said. Justice Acquah said under section 27 of Act 574, the High Court may order the EC to cancel the registration of a political party, which contravened the provisions of Act 574, explaining that it was deficient since no provision has been made for the defaulting party to be heard before the order of cancellation was made. He said in each of the sections, the mere default in complying with requirements therein was sufficient to enable the EC or the High Court, to cancel a party's registration certificate.

Justice Acquah described the exercise of such cancellation as unfair and arbitrary since the defaulting party would not have been given the opportunity of a hearing. He said where the EC's decision was made to appear like a High Court decision, it could only be appealed against at the Court of Appeal, hence the need to ensure that the Commission's decision to cancel was arrived at after a sufficient hearing.

Justice Acquah asked: "What becomes of MPs whose certificate of registration is cancelled? Do they continue to be Members of Parliament? And if so, as what?" He condemned the time frame in determining election disputes, describing it as "inordinate" and a major problem in adjudicating electoral disputes.

"The 1996 Ayawaso West-Wougon Constituency electoral dispute in the courts, at a time when the life of that Parliament had expired was a sad indictment on the performance of the Judiciary." And the Wulensi Parliamentary Dispute, which took two years to dispose of is no better if one considers that the life-span of the Parliament in respect of which the dispute relates is four years".
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On-line database for African universities

Accra (Greater Accra) 30 April 2003- A two-day workshop aimed at facilitating the establishment of an electronic database for the collection and dissemination of theses and dissertations from African universities for research purposes opened in Accra on Tuesday.

The workshop being organised by the Association of African Universities (AAU) in collaboration with the University of Ghana, Legon is also aimed at promoting the establishment of a three-year project - Database of African Theses And Dissertations (DATAD) Programme, to improve access to African scholarly work both in and out of Africa. Professor Kwadwo Asenso-Okyere, Vice-Chancellor of the University of Ghana, said the lack of adequate structures for information dissemination remained a major problem in Africa.

"With the advent of information and communication technology, African scholars and scholarly output face a threat of marginalisation, especially in a globalised world, where review of research literature is increasingly being limited to review of electronic literature."

The Vice-Chancellor said the AAU had since 1996, developed a concerted approach to address the problem of production, management and access and dissemination of research information through the establishment of DATAD.

He said the project would, among other objectives, create a central source of information on the continent and improve accessibility to the works of African scholars both within and outside the continent.

Madam Mary Materu Behitsa, Coordinator of DATAD, said 11 universities including the University of Ghana, Zimbabwe and Kenyatta were being provided with computers, scanners and other facilities to help in the formation of a network of information. Prof Akilakpa Sawyerr, Head of AAU, said it was important to link universities, libraries, students and lecturers together to enhance academic
work.
GRi…/

 

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