Ghana Institute of Journalism holds first Matriculation Day
Chief of Staff urged to clarify issue of Mills’ cars
Accra (Greater Accra) 02 March 2002 - Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) on Friday dared the Attorney General for round two at the Supreme Court when he appeared at an Accra High Court charged with wilfully causing financial loss to the State.
Before his plea could be taken, his counsel, Mr Emmanuel Victor Oware Dankwah, raised a preliminary objection that the charge brought against his client was unconstitutional and asked that the matter be referred to the Supreme Court.
He said the act committed by his client was not an offence since it was committed in February 1993, whereas the law under which his client was purported charged came into effect in July that year.
Mr Dankwah said Article 19 clause five of the Constitution states that "a person shall not be charged with or held to be guilty of a criminal offence, which is founded on an act or omission that did not at the time it took place constitute an offence."
Mr Osafo Sampong, Director of Public Prosecutions (DPP), who was being led by Ms Gloria Akuffo, Deputy Attorney-General, said the charge was constitutional and that it was not relevant to refer it to the Supreme Court for determination as the High could determine it.
After hearing submissions from both sides, Mr. Justice Julius Ansah, an Appeal Court Judge sitting on the case as an additional High Court Judge, said the court would take time to look into the matter.
He, therefore, granted Tsatsu a self re-cognisance bail in the sum of 500 million cedis to re-appear on March 5. The facts of the case were that the forensic audit ordered by government found that Tsatsu had circumvented laid down corporate objectives of the GNPC.
He allegedly by passed the board of directors of the corporation and committed GNPC to guarantee a loan of 5.5 million CFA French francs and 1.4 million French Francs with interest inclusive.
The loan was contracted from Caisse Francaise de Developpement, a French financial institution and given to Valley Farm, a cocoa growing company, of which GNPC owned 17.39 per cent equity shares, to rehabilitate some cocoa farms at Asin Manso in the Central Region and Nyakoman in the Western Region.
When Valley farm went distressed and defaulted in paying the loan, Tsatsu, without prior approval of the board of directors, was compelled to pay the loan as well as the interest totalling 6,919,123 French francs out of GNPC operational funds. This financial act of Tsatsu constituted a loss to the State.
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Coolum (Australia) 02 March 2002 - The Government has directed the Attorney General's Department to use all legal means under the Constitution to seek a review of the Supreme Court's ruling on the constitutionality of the Fast Track High Courts.
Miss Elizabeth Ohene, Minister of State, told newsmen about the government's directive at Coolum, where President John Agyekum Kufuor arrived earlier on Saturday (Australian Time) to attend the Commonwealth Heads of Government Meeting.
She said the government was still committed to the computerisation and modernisation of the court system that had made the administration of justice slow. She said it was the government's firm conviction that anyone, who had misappropriated state funds or had caused unjustifiable loss to the State, should not be allowed to go scot-free.
Miss Ohene said government finds the ruling of the Supreme Court very strange because when the Chief Justice and his delegation met with President John Agyekum Kufuor in February, their main concern was the lack of resources to open up more Fast Track Courts to speed up the administration of Justice.
The Supreme Court by a majority of five to four on Thursday granted a motion brought before it by Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation challenging the constitutionality of the Fast Track Court (FTC). Five of the judges upheld the action, while four dissented.
The five, who granted the motion, were Mrs Justice Joyce Bamford Addo, Mr Justice A. K. B. Ampiah, Mr Justice F. Y. Kpegah, Mr Justice E.D. K. Adjabeng and Mrs Justice Theodore Adzoe.
The Chief Justice (CJ), Mr Justice Edward Kwame Wiredu, Mr Justice George Acquah, Mr Justice William Atuguba and Mrs Justice Sophia A. B. Akuffo dissented.
The CJ, who read the brief judgment said: "by a majority of five to four, plaintiff's action succeeds, relief are hereby granted." The court, however, deferred its reasons for the ruling to Wednesday, March 20.
Tsatsu filed the motion at the Supreme Court on Monday, February 11 seeking constitutional interpretation in respect of the FTC because in his view the "Constitution in making provision for the administration of justice, does not establish any court known as FTC."
He argued that since the FTC was not known to the Constitution, it could not try him. Tsatsu, therefore, prayed the Supreme Court to ensure that on a true and proper interpretation of the Constitution, "any attempt to launch a prosecution in an unconstitutional forum must be prevented through the exercise of the powers of enforcement of the Constitution that are conferred on the Supreme Court."
A day after filing his motion at the Supreme Court, Tsatsu was arraigned at the FTC for wilfully causing financial loss of 2.15 billion cedis to the State. He allegedly circumvented laid-down corporate objectives of his outfit, when he by-passed the board and on his own, committed the Ghana National Petroleum Corporation (GNPC) to guarantee a loan.
The amount, 5.5 million French Francs was granted by Caise Francaise de Developpement, a French Aid Agency to Valley Farm, a private cocoa-growing company in which GNPC held initial equity shares of 17.39 per cent.
Distressed, Valley Farm defaulted in repayment of the loan and without prior approval of the corporation's board, Tsatsu allegedly paid out of its operational funds, the principal amount plus interest, all totalling 6,919,123. 23 French Francs.
This action of his, adversely affected the financial status of GNPC, hence a loss to the State. After Tsatsu has drawn the FTC's attention to his motion at the Supreme Court, the trial judge, Mr Justice Julius Ansah admitted him to a self-recognisance bail in the sum of 500 million cedis. He adjourned the matter to Monday, March 4 to give the Supreme Court the chance to determine the motion.
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Accra (Greater Accra) 02 March 2002 - Mr Ambrose Dery, Counsel for Mallam Yusif Issah, former Sports Minister on Friday said the best time for him to take any decisions concerning the Supreme Court's ruling on the Fast Track Court (FTC) would be after it had given its reasons.
Mr Dery, who was speaking in an interview, said the ruling of the Supreme Court as well as the reasons represented the law and should be respected as such. In view of this, anything said concerning the ruling should be done with a lot of care, since the reasons for the ruling had not yet been given.
Mr Dery said although he had already filed an appeal against his client's conviction, he would exploit all the provisions under the Constitution to speed up the appeal. Mr Johny B. Quarshie-Idun, Counsel for Victor Selormey, Former Deputy Minister of Finance, said the situation now had put his client in a much better position than he was formerly.
He said in his view, the FTC was too fast for the proper dispensation of justice since time was often needed to properly dispose of cases before the court. Mr Quarshie-Idun said as part of the principles of law it was better for 99 criminals to be freed than for one innocent person to be wrongfully jailed.
He said in his view this principle could be violated with the fast track system since the process was too fast for proper analyses to be made. Mr. Quarshie-Idun said he would make use of all the provisions under the ruling to the advantage of his client. He, however, would not reveal how he would do that now.
Mallam Yusif Issa, former Sports Minister, was on July 20 convicted by the Fast Track High Court on two counts of stealing and fraudulently causing financial loss to the state.
Mallam Isa was found guilty of stealing 46,000 dollars meant for the payment of bonuses of players of the senior national team, the Black Stars, during a World Cup qualifying match in Sudan on February 25.
He was accordingly jailed for four years on both counts to run concurrently and ordered to refund the 46,000 dollars within two months or serve a two years' jail term. He appealed against his conviction and the term of imprisonment in default was quashed.
Serlomey was on December 10, 2001 sentenced to eight years' imprisonment with hard labour, when he was found guilty on two counts of defrauding the state by false pretences. He was fined 10 million cedis each on two counts of conspiracy. He was to go to prison for 12 months in default and the sentences were to run concurrently.
In addition, Selormey was to pay a fine of 10 million cedis each on two counts of wilfully causing financial loss of 1.3 million dollars to the state and in default to serve additional 12 months. The sentences were to run concurrently. The Supreme Court, however, ruled on Thursday that the Fast Track High Courts that tried them was unconstitutional and had no jurisdiction to try criminal cases.
The court by a majority decision of 5-4 gave the judgement in the case in which Tsatsu Tsikata, Former Chief Executive of the Ghana National Petroleum Corporation (GNPC), challenged the legality and existence of the Fast Track Court. This was when he appeared before it on charges of wilfully causing financial loss to the state.
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Accra (Greater Accra) 02 March 2002 - The legal Committee of the National Democratic Congress on Friday asked the Chief Justice, Mr Justice Edward K. Wiredu to resign over a statement by the Attorney-General that he (CJ) set up the Fast
Track Courts.
A statement signed by Mr Kweku Baah, Chairman of the Committee, said the AG, Nana Akufo Addo, said at a press conference on Thursday that neither he nor the NPP administration set up the Fast Track Courts.
They quoted Nana Akufo Addo as saying that the process for setting up the courts were initiated in the NDC era and the Chief Justice established them. "Against this background, the NDC Legal Committee believes that the Chief Justice has engaged in a course of conduct that is both unconstitutional and illegal."
The statement said the Chief Justice swore to safeguard, protect and defend the Constitution. "His conduct is breaching the Constitution by setting up unconstitutional and illegal courts which is extremely grave and serious and undermines his constitutional oath.
"For this reason alone, the Legal Committee of the NDC calls on the Chief Justice to do the honourable thing and resign." The statement said given the Attorney-General's revelation that it was the Chief Justice, who set up the courts, he should not have sat on the panel that decided the case "because it was his conduct that was called into question."
"He had set up unconstitutional courts and he proceeded to sit on the case to determine whether what he himself had done was constitutional or not. "There could not be a clearer case of conflict of interest or a person being a judge in his own cause than this one." The statement said the committee was of the view that Mr Justice Wiredu had an interest in the case.
"He did not want it determined that he had acted unconstitutionally in setting up the Fast Track High Courts. That is why he should not have sat on the case. For this reason also, we call on Chief Justice Wiredu to resign."
The statement said if for any reason he would or cannot resign his office, then he should decline to participate in any future proceedings involving the matter of the constitutionality and status of the Fast Track High Courts.
"In particular, we expect him to decline to participate in any review of the decision of the Supreme Court if the Attorney-General should proceed with his decision to apply for a review."
The Supreme Court ruled on Thursday that the Fast Track High Court was unconstitutional and had no jurisdiction. The court by a majority decision of 5-4 gave the judgement in the case in which Tsatsu Tsikata, Former Chief Executive of the Ghana National Petroleum Corporation (GNPC), challenged the legality and existence of the Fast Track Court.
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Accra (Greater Accra) 02 March 2002 - The Ghana Institute of Journalism (GIJ) on Saturday held its first matriculation ceremony with a call on media practitioners to take advantage of the prevailing free atmosphere in which they work today and bear the responsibility for their shortcomings.
"As we have entered a new phase of our quest for democracy, the role of journalism and communication is very pivotal in the socio-economic development of the country."
Mr Jake Obetsebi-Lamptey, Minister of Presidential Affairs and Information who made the call in a speech read for him said some journalists were taking undue advantage of the freedom of speech currently prevailing in the country.
"Journalists should feel the responsibility of the new freedom in order to avoid any attempt that would give a different meaning to the press freedom." Forty students were admitted to pursue Bachelor of Arts degree programme in Communication Studies while 110 students were also initiated to do a Diploma programme.
The Institute last year introduced the degree programme in affiliation with the University of Ghana, Legon. Mr Theophilus Tabi, Deputy Registrar in charge of Academic Affairs, University of Ghana, administered the matriculation oath to the degree students while Mr Kwaku Amposah, Registrar of GIJ took the Diploma students through the exercise.
Mr Obetsebi-Lamptey urged the School's Representative Council to be in close contact with the student body and the government to avoid unnecessary agitations and demonstrations. "It is important that students and faculties come together to enhance studies on campuses."
He said in this democratic era, "every citizen's efforts would be needed to move the country to achieve its social and economic developmental programmes" and urged all and sundry to get on board.
Mr David Newton, Director of GIJ, said there were about 358 applications for the degree programme, out of which, 273 qualified, but due to the lack of classroom space and training facilities, only 40 students were admitted.
He said likewise, 1,200 applications were received for the Diploma programme and 500 applicants satisfied the basic entry requirements but only 110 were admitted.
He said the Institute for the past 43 years, had never received adequate funding to enable it undertake any meaningful expansion and provision of facilities. This, he said, had made it impossible for the Institute to open up the degree programme to past students.
Mr Newton said in their desperation to look for funding for infrastructure and equipment, the Institute had teamed up with NAFTI and the School of Communications Studies, Legon, to source for funding outside government budget.
"We have developed two project proposals to request for funds for improvement in infrastructure and provision of facilities such as Radio and Television Studio and copies would be made available to the sector Ministry for assistance," he added.
He advised the students to maintain and protect the few facilities at their disposal while they made efforts to obtain new ones. Professor Edward Ofori-Sarpong, Pro-Vice-Chancellor of the University of Ghana, pledged the University's preparedness to nurture the affiliation to grow.
He said the process of affiliation took much longer time because "we believe in Legon that it is better to get things done prudently and properly, than rushing into doing the wrong thing."
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Election Commission set for the Bimbilla
bye-election.
Bimbilla (Northern Region) 02 March 2002 - The Electoral Commission (EC) says it is fully prepared for the Bimbilla constituency bye-election slated for March 14.
Speaking at Bimbilla on Friday, the Nanumba District Electoral Officer, Mr Mensah Worlanyo Tegah said all the necessary voting materials were ready except ballot papers that were yet to be printed.
He said recruitment of presiding officers and polling assistants to man the 103 polling stations in the constituency had also been completed. The list of the names of the officials, he said, had been pasted on the notice board at the district office of the EC for public scrutiny.
Mr Tegah said officials found to be associated with any political would have their names dropped from the list. He had, therefore, asked all the political parties contesting the bye-election to have a look at the list of officials recruited to enable it to start to train them.
The District Electoral Officer said the EC had written to the Yendi District Police Commander to provide more police personnel to mount security at the polling stations on Election Day.
Mr Tegah also asked the parties vying for the seat to recruit their agents to man the polling stations to help ensure free and fair elections. ''I am optimistic the election will be peaceful''.
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Bimbilla (Northern Region) 02 March 2002 - Alhaji Huudu Yahaya, General-Secretary of National Democratic Congress (NDC) has called for transparency in the conduct of the Bimbilla constituency bye-election to ensure a violent-free poll on March 14.
He, therefore, appealed to all the political parties contesting the bye-election to address issues when they mount platform and avoid attacking personalities. Alhaji Yahaya, who was speaking to the GNA at Bimbilla on Thursday, urged the parties to act with maturity to ensure a smooth election, saying, " the NDC is against violence in any form".
He accused the NPP government of abuse of incumbency in its daily administration of the state. The General-Secretary alleged that the Bimbilla constituency executive of the NPP had written to all assembly members in the constituency inviting them to a meeting to assist the party in its campaign.
He also accused the National Disaster Management Organisation (NADMO) of using its official vehicle to campaign for the NPP and threatening to arrest and imprison all those who would refuse to vote for the party.
Alhaji Yahaya appealed to the NPP to stop poaching from the reserve of other political parties to build the NPP. "As I am talking to you now the Bimbilla constituency vice-chairman of the NDC, Mr Joe Likili Afayili, has been poached by the NPP", Alhaji Yahaya said.
He said, "this practice by the NPP does not augur well for the growth of democracy in the country, even though, people are free to make a choice". In reaction to the allegations made by Alhaji Yahaya, the
General-Secretary of the NPP, Mr Dan Botwe, said the NDC was whipping up tribal sentiments in the area and cautioned them to be circumspect in their utterances since the constituency was a conflict-prone area.
He said the intended meeting with the assembly members was a programme drawn up by the Bimbilla constituency executives of the NPP to appeal to them to educate the electorate to maintain peace during the election.
Mr Botwe said the meeting would not take place in secrecy as alleged by the NDC. "I am even surprise about the NDC outcry. How can all the assembly members in the constituency be NPP supporters? It is the NDC that has more of the assembly members as its supporters."
On allegation that the NPP was using government vehicle in its electioneering campaign, Mr Botwe said most of the cars that were being used by the party were hired from VICMA, a car hiring company in Accra." He said, even though the Bimbilla constituency was not a stronghold of the NPP, he was sure this time round the party was going to win the seat.
Mr Alidu Bawa, Nanumba District Officer of NADMO, said the organisation has no official car in Bimbilla and challenged Alhaji Yahaya to come out with the registration numbers of the cars that he alleged were being used by NADMO in the campaign. All the political parties told the GNA they were adopting the house-to-house campaign to solicit votes.
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Accra (Greater Accra) 02 March 2002 - The Chief of Staff at the Office of the President was on Friday asked to clarify the issue of official vehicles allocated to the former Vice President, Professor John Evans Atta Mills, by the Joint Transitional Committee (JTC).
A statement signed by Mr Ludwig Hlodze, Special Assistant to the former Vice President said, "it appears that in spite of the apology rendered to Prof Mills and his wife by the National Security Advisor, there is a hidden agenda in some government circles to further harass them over the use of the vehicles".
The statement denied a story in the Statesman newspaper issue of March 1, 2002, under the caption, "Rawlings rapes Castle car pool," which alleged that Prof Mills still has six vehicles, including two buses all drawing free fuel from the Castle Fuel Dump".
Mr Hlodze explained that the former Vice President was allocated two vehicles for his use and two for his security detail and that no buses were included. Three of these vehicles that were formally given to him were the ones that the security operatives seized during the January 31, 2002 raid at the residency of the Mills, the statement said.
It described the publication by the newspaper as false and explained that the decision to allocate four vehicles to Prof. Mills and his security detail was made by the JTC and not based on the Greenstreet Report and urged the Chief of Staff to dissociate himself from the publication.
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