Fast Track Court is alien to Constitution - Majority
Three hundred houses to be affected by road reconstruction
President Kufuor consoles bereaved families and Ghana Air Force.
Accra (Greater Accra) 21 March 2002 - The five justices of the Supreme Court, who declared the Fast Track Court (FTC) unconstitutional on February 28, said on Wednesday that the FTC was not known to the Constitution.
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.
"There has been no similar legislation creating any FTC", they said. The Supreme Court by a majority of five to four gave judgment in favour of Mr Tsatsu Tsikata, former Chief Executive of the Ghana National Petroleum Corporation (GNPC) on February 20 and deferred the reasons.
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'."
On the writ of summons against Tsikata, the Majority contended that its issuance was illegal. Basing their argument on Article 125 (1) of the 1992 Constitution, the Majority said that the article provided that "justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution."
They said the President had no constitutional right to summon him to appear before the purported FTC, and therefore, wondered why the summons was issued in the name of the President and not the Republic.
On a true and proper interpretation of the Constitution the Majority argued that as the highest court of the land, the Supreme Court had to exercise its powers of the enforcement of the Constitution conferred on it by Article 130 to prevent any attempt to launch a prosecution in an unconstitutional forum.
It was their candid opinion, therefore, that the writ of summons issued in the name of the President sought to undermine the independence of the Judiciary, because Article 127 of the Constitution conferred independent powers on the Judiciary.
They pointed out that it was the sole responsibility of the Attorney -General to institute criminal proceedings against any person, and not the President as Tsikata's writ of summons sought to indicate.
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.
The Minority said the reasons adduced by the Majority were porous and legally untenable. They argued that all the courts were constitutionally established and that the FTC was only a division of the High Court and wondered why the plaintiff, Tsikata said the setting up of the FTC 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.
"The FTC is ordinary High Court with innovations- new technology to facilitate the process of justice delivery" they said. They said the FTC was a division of the High Court at an experimental stage but when all the High Courts become automated the adjective 'Fast Track' would no longer apply.
They stressed that the Fast Track Court was essentially a division of the High Court with improved facilities but followed the normal procedure of the traditional High Courts. They contended that it was an official act that introduced the FTC and in dealing with matters of this nature, the sovereignty of the nation must be considered.
The Minority, therefore, declared that it found no substance in Tsikata's claim in challenging the legality of the FTC. The Minority drew attention to the fact that the Court of Appeal had been mentioned in singular terms in the Constitution but in fact there were two Appeal Courts namely the Criminal and Civil courts and, therefore, contended that the High Court had equally been mentioned in singular terms, with the FTC inclusive.
They explained that the negative effect of the judgement was likely to affect every Ghanaian, because the Majority failed to consider the innovation being put up in the FTC.
The Minority stated further that lack of funds had thwarted several attempts to update and modernise the High Court System to become the best in West Africa and added that Ghanaians would continue to suffer due to the slow dispensation of justice, should FTC be abolished.
"Ghanaians are complaining at the slow pace at which justice is delivered at the High Court, it is, therefore, in order to establish the FTC to speed up the delivery of justice in our courts."
GRi../
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Two Deputy Ministers of State Sworn into
office
Accra (Greater Accra) 21 March 2002 - President John Agyekum Kufuor on Wednesday swore into office two Deputy Ministers of State at a brief ceremony at the Castle, Osu.
They were Mr Thomas Broni, a teacher and former MP for Asutifi on the ticket of the Popular Front Party (PFP) during the Third Republic as Deputy Minister of Lands and Forestry and Mr Kwadwo Affram Asiedu, a lawyer as Deputy Minister of the Interior.
Both of them swore the oath of allegiance, secrecy and Deputy Ministers of State before President Kufuor presented them with their Instruments of appointment. President Kufuor said they had been appointed to two critical ministries in the country and urged them to live up to expectation by supporting their sector Ministers to perform efficiently and effectively.
He said Mr Asiedu should study the current situation for the maintenance of law and order in the country carefully in order not to use any unlawful means to achieve law and order.
President Kufuor said the country's forests were being depleted through illegal tree felling and activities of chain-saw operators to the detriment of the national development effort; therefore, the new Deputy Minister should endeavour to bring his rich experience to bear on the Ministry to administer the lands and forests efficiently. Present at the ceremony were Alhaji Aliu Mahama, Vice President and some Ministers of State.
GRi../
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Accra (Greater Accra) 21 March 2002 - The United States and the British governments have offered to assist with investigations into the causes of the crash of the Ghana Air Force helicopter on Saturday March 16 at Atiwa Range Forest Reserve near Sagyimasi in the Easter Region.
The GNA reports a source at the Air Force Base at Burma Camp in Accra as saying on Wednesday that both offers would come in the form of technical assistance, logistics and personnel.
The source said although investigations had started, the experts would come in at a particular point when it gets to the technical stage of the investigation. "They are standing by and at a point in time they would come into the country. We have started the initial investigation", the source said.
The Agusta Bell 412 helicopter, which was tasked to undertake a medical evacuation at Nkawkaw in the Eastern Region, took off from the Air Force Base at Burma Camp at about 0700 hours with an estimated flight time of between 45 minutes to 50 minutes.
Military sources said the chopper with a crew of two pilots and two technicians got airborne from Nkawkaw at 0850 hours with the two patients and a nurse. When contact was not made with the aircraft by 1000 hours on Saturday a Search and Rescue Mission was launched.
The wreckage of the Agusta Bell 412 helicopter was finally discovered after about 72 hours of intensive search. The Airforce had two of such helicopters. They were acquired in 1996.
The Northern Command of the GAF on Friday, March 15 requested a medical evacuation of two patients from the Holy Family Hospital at Nkawkaw to Accra. The patients were involved in a motor accident on the Kumasi-Accra road.
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Accra (Greater Accra) 21 March 2002 - There is now enough evidence to classify malaria as a disease of poverty with serious and devastating effects on economies, a senior official World Heath Organisation (WHO) said on Wednesday.
Dr Melville O. George, WHO Representative in Ghana, said malaria affected the production base and accounted for a large proportion of households' expenditures on health. "But for malaria the growth of our economies would have been 1.3 per cent better per annum," he said, when he presented 40,000 mosquito nets and 1,600 litres of insecticides valued at about 882 million cedis to the Ministry of Health.
The presentation was made on behalf of the Regional Director of WHO, Ebrahim Samba. Dr George said the regional director's concerns were that the distribution of the nets must go to children under age five, pregnant women and the poor.
This is because malaria is still accounting for the majority of childhood illnesses and also the major cause of anaemia in pregnant women and low birth weight. Dr George commended government for waiving taxes and tariffs on mosquito nets, adding that Ghana had joined six other countries in Africa, including Uganda and Kenya that had taken similar actions.
Dr Kwaku Afriyie, Minister of Health, said the Ministry recognised the fact that it had a major role to play in the fight against malaria and it would do all it could to fight the disease.
GRi../
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Wa (Upper West) 21 March 2002 - The Upper West Region members of the National Democratic Congress (NDC), have expressed their condolences to the families of the pilot and entire crew on board the helicopter, which crashed into the Atiwa Forest Reserves in the Eastern Region.
A statement signed by members of the Media and Publicity Committee of the party expressed their regret at the loss of skilled personnel such as a pilot, nurse and technicians, who were contributing to national development. "We are deeply sad about the tragic loss of such skilled men like pilots in our Air Force," it added.
While sympathising with the bereaved families the NDC called on authorities to set up a probe to ascertain the cause of the crash, "so that ways of forestalling such occurrences could be sought." The statement also called on the government to fully compensate families of the dead after conducting thorough investigations into the causes of the crash.
GRi../
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Kumasi (Ashanti Region) 21 March 2002 - About 300 houses and structures as well as a number of unauthorised structures would be affected by the construction of the Kumasi-Konongo road, Mr Emmanuel Avervor, Project Consultant of COWI/CONTERRA, has announced.
He said actual constructional work, which is under the Transport Sector Support Programme of the Economic Recovery Programme (ERP), would commence next year after it has been tendered in June 2002. The projected is expected to be completed between two to three years.
Speaking at a public forum in Kumasi on Wednesday at which drawings for the project were exhibited for scrutiny and suggestions, Mr Avervor said all owners of the buildings and structures would be compensated or relocated.
He could not readily give the exact amount involved in the project because the final document has not yet been submitted to government. The Danish International Development Agency (DANIDA) would fund the project, which would be executed by the Ghana Highway Authority (GHA).
GRi../
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President Kufuor consoles bereaved families
and Ghana Air Force
Accra (Greater Accra) 21 March 2002 - President John Agyekum Kufuor on Wednesday, held separate meetings with the bereaved families and personnel of the Ghana Air Force (GAF) at the Air Force Base at Burma Camp to console them over the death of the victims in the March 16 helicopter crash.
The Agusta Bell 412 helicopter, which was tasked to undertake a medical evacuation at Nkawkaw in the Eastern Region, crashed in the Atiwa Forest, near Sagyimase also in the Eastern Region.
The deceased were Wing Commander Ben Acheampong, the pilot, Flight Lieutenant Seth Lartey, co-pilot, Corporals Joseph Bosomefi and Yao Akoensi, both technicians, Corporal Adu Buxton, a patient, Mr Debrah George, a patient and a civilian employee of the Ministry of Defence and Mr Victor Nyarko, a nurse from the Holy Family Hospital at Nkawkaw.
The helicopter took off from the Air Force Base at Burma Camp at about 0700 hours with an estimated flight time of between 45 minutes to 50 minutes. It crashed on its return trip to Accra.
At a meeting with the bereaved family, President Kufuor said, " I am here to express my personal and the State's grief on the loss that had occurred to your immediate families and the country. By the accident it had put away lives of the brave and courageous officers of the GAF. "My presence here is to show you that you are not alone in mourning but the President and the State apparatus are with you".
He said the deceased were performing their duties for the country and they lost their lives in line with their duties and the government would not forget them. "Let us take comfort that our beloved ones left this world with honour and the State will be with you," He added.
Speaking to the personnel of the GAF, President Kufuor said wing Commander Acheampong and the other members of the crew died as heroes of the nation. He urged them not to lose heart with the loss of their departed colleagues but the government would stand by them and appreciate their steadfastness in protecting the nation.
President Kufuor gave the assurance that the government would pursuit measures to forestall its recurrence and that the US government had agreed to offer technical assistance and personnel to investigate the accident and urged them to co-operate with their expatriate colleagues.
Dr Kwame Addo-Kufuor, Minister of Defence, said thorough investigations would be conducted into the accident to forestall its recurrence and more logistic support would be provided for their efficient performance.
GRi../
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