Category Law & Order

• goldcoastnewsline@gmail.com
• August 10, 2024
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• 3 minutes Read

High Court jails 3 pastors for contempt of court

The Accra High Court has sentenced three pastors to five days imprisonment each for contempt of court.

Apostle Samuel Anang Sowah, Bishop Abraham Adjetey Adjei and Bishop Daniel Buernor Tokoli, formerly of the Holy Apostolic Reformed Church (HARC), were sent to prison for defying orders of the court not to interfere with the activities of the church.

Apart from slapping the three contemnors with a term of imprisonment, the court presided over by Justice William Boampong, also awarded a cost of GH¢1,000 each against the three pastors in favour of the church, which was the applicant in the contempt case.

On October 27 last year, the court, in an earlier contempt case, convicted the three pastors for contempt of court for holding service at the Tema, Teshie and Nungua branches of the church despite a pending application for interlocutory injunction, restraining them from conducting church services.

The court, however, cautioned and discharged the three pastors, who have been dismissed by the leadership of the church. In its current ruling sentencing the three pastors to prison, the court held that despite the contempt conviction on October 27, 2023, and the caution, the three pastors went ahead and did the very thing the court cautioned them not to do by holding service at the three branches of the church.

The pastors, the court held, defied the court orders and went ahead to conduct church services at the branches on October 29, 2023, two days after they were convicted for contempt.
Respect the law

Delivering the sentence, Justice Boampong held that by defying the orders of the court, the three pastors had breached an order of the court which had not been suspended, thus bringing into disrepute the administration of justice.

“The court earlier cautioned and discharged the respondents in an earlier contempt case, but they went ahead and repeated what the court restrained them to do.

The Respondents should therefore be made to respect the law at this time. I sentence each of the three respondents to five days imprisonment,” Justice Boampong ordered.

Suit

The Trustees of the HARC sued the three pastors, accusing them of illegally breaching the constitution of the church by acting independently and failing to accept the leadership of the church.

Among other reliefs, the plaintiffs wanted the court to declare that the three branches which the three pastors have taken over were subject to the control of the headquarters of the HARC.

The church further wanted an order from the court restraining the three pastors from having anything to do with the church so long as they refused to obey the direction of the headquarters of the church.

• goldcoastnewsline@gmail.com
• July 31, 2024
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• 3 minutes Read

Parliament Passes Shippers’ Authority Bill

Parliament has passed the Ghana Shippers’ Authority Bill, 2024 which amends its 50 years old establishment law, NRCD 254 (1974).

It will regulate commercial activities of shippers, and will primarily address the issue of unfair and excessive charges that burden traders who use Ghana’s sea and air ports, as well as land borders to ply their international trade.

It will introduce transparency in the determination of port fees and charges, and will by that, ensure that there is accountability in the legal movement of international trade cargo across all borders of Ghana.

It aims to make Ghana a preferred transit trade channel for her landlocked neighbours -Burkina Faso, Mali, and Niger and also enhance the sector’s revenue contribution to the national purse.

Empowered by the new law, the Ghana Shippers’ Authority (GSA) will be enabled to better adapt to emerging trends and complexities within the shipping and logistics industry, protect the interests of shippers and shipping service providers, and improve its regulatory oversight of the entire industry.

The Parliamentary Committee on Roads and Transportation’s report on the Bill indicated that one of the fundamental reasons for its successful passage was the need to ensure effective regulation of the shipping and logistics sector to guarantee fair pricing and charges for all stakeholders, especially importers and exporters.

The report said the Bill would empower the Ghana Shippers’ Authority to facilitate the charging of fair fees at the ports and borders, and through that, promote the participation of local firms in the provision of services in the sector.

The Committee noted that exorbitant charges imposed by some service providers, especially at the sea and air ports, hindered business growth, and contributed to the needless rise in prices of goods and services.

The Bill, when assented to by the President, is expected to enhance transparency, and accountability, and invariably drive improved revenue generation and collection for national socio-economic growth.

Moving for the approval of the Bill, Mr Kwaku Ofori Asiamah, the Minister of Transport, expressed satisfaction and indicated that, the Bill when passed would enhance the potency of the Ghana Shippers’ Authority in the discharge of its statutory mandate.

Ghana Shippers’ Authority (GSA) was established 50 years ago by NRCD 254 (1974) to regulate the commercial activities of shippers and shipping service providers in the shipment, storage, and delivery of international trade cargo by sea, air, and land.

Over the last five decades, GSA has driven compliance with established standards and guidelines in the commercial shipping sector in Ghana, and through Ghana to Burkina Faso, Niger, and Mali.

Since 1974, GSA has spearheaded the development, monitoring, and facilitation of transit trade through Ghana’s corridors.

The law as passed will enable a more effective regulation of transit trade, and thereby balance the interests of shippers and service providers for enhanced efficiency and competitiveness in international trade.

Commenting on the momentous occasion, Mr Kwesi Baffour Sarpong, the Chief Executive Officer of GSA, said the amended law was a huge step in the right direction, but it was not a “magic silver bullet”.

“GSA is poised for a collaborative approach to dealing with any issues that may arise, given our longstanding cordial relationships with all the stakeholders,” he stated.

Mr Sarpong assured all stakeholders that, the enforcement of the law would be fair and representative of the interests of the shipping industry and would be a major win for Ghana in her quest to become the preferred trade hub in the West Africa sub-region.

• goldcoastnewsline@gmail.com
• July 30, 2024
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• 3 minutes Read

A-G to appeal Ato Forson’s acquittal

The Attorney General and Minister of Justice, Godfred Yeboah Dame, has expressed disagreement with the Court of Appeal’s decision to acquit and discharge the Minority Leader, Dr Cassiel Ato Forson, and businessman, Richard Jakpa.

A statement released and signed by the A-G said the decision was “inimical to the fight against impunity and abuse of public office”.

“The Office of the Attorney-General considers the decision of the Court of Appeal to be perverse in the quest for public accountability and the rule of law. The decision clearly is heavily against the weight of the cogent evidence led by the prosecution in substantiation of all the charges against the accused persons at the trial,” the statement said.

The statement said the relevant facts of the matter, as borne out by the undisputed evidence led so far, showed that vehicles purporting to be ambulances were imported into the country in December, 2014 in violation of the contract governing the transaction.

Secondly, it noted that the then Minister of Health, Ms. Sherry Aryittey, had cautioned in writing against the importation of the vehicles into the country. “There was thus no request by the Ministry of Health for the vehicles to be imported into the country, or for the letters of credit which were the means of payment for the vehicles under the contract, to be established,” it stressed.

The statement also indicated that with no request from the Ministry of Health or any authorisation whatsoever, and at a time that the period for supply of the ambulances under the contract had even lapsed, the first accused, Cassiel Ato Forson, by letters dated and 7th and 14th August, 2014, instructed the Bank of Ghana and the Controller and Accountant-General to issue letters of credit for the payment for the vehicles.

“The letters of credit were consequently established on 18th August, 2014. Big Sea General Trading LLC, the suppliers of the vehicles based in Dubai, whose contract had no parliamentary approval, proceeded to ship the vehicles on receipt of the letters of credit.

“When the vehicles arrived, they were not of the kind specified in the contract. Further, apart from the absence of basic parts and equipment required for an ambulance, the National Ambulance Service and the Ministry of Health noted serious defects with every material part of the vehicles,” the statement indicated.

Per the statement, such were the fundamental nature of the defects that a former Minister for Health, Dr Alex Segbefia, described the vehicles as “ordinary vans” not fit for purpose. It stressed that a report on the vehicles by the authorised dealers in Mercedes Benz, commissioned by the Ministry of Health in 2015 to assess the vehicles (tendered in evidence by the prosecution), stated that the vehicles could never be converted into ambulances.

It stressed that the defects were so irremediable that from the time the vehicles started arriving in December, 2014 up to January, 2017 when the erstwhile John Mahama administration left office, they could not be converted into ambulances.

• goldcoastnewsline@gmail.com
• July 30, 2024
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• 3 minutes Read

Court of Appeal acquits and discharges Ato Forson, Jakpa

The Court of Appeal has acquitted and discharged Minority Leader, Hon. Cassiel Ato Forson in the ongoing Ambulance case.

The Court of Appeal has set aside the order for Dr. Ato Forson to open his defence by the trial Court in the ongoing ambulance case.

The Director of Legal Affairs of the National Democratic Congress (NDC), Edudzi Tamekloe In an interview on the Breakfast Show following the Court of Appeal’s decision, explained that the appeal was filed after the trial court dismissed their submission of no case, ruling that a case had been made against the accused persons.

“What happened is that after the prosecution called their witnesses, lawyers for the accused persons did what we call ‘a submission of no case’. The Court dismissed the submission of no case and ruled that case has been made against the accused person, warranting them to open their defence.

“We appealed that decision for us to open our defence. It is that appeal that today, the court of appeal by a 2-1 majority upheld, thereby acquitting and discharging Dr Cassiel Ato Forson and Richard Jakpa.

“By this, the court further ruled that the order by the trial court judge for the accused persons to open their defence is hereby set aside.”

The High Court, Accra, on June 6 dismissed the application by Minority Leader, Cassiel Ato Forson for mistrial and to undertake an enquiry into the conduct of the Attorney General in the ongoing Ambulance case.

According to the trial judge, the minority leader had not shown any statute provisions that warrant a mistrial in this case nor to enquire into the affairs of the Attorney General.

Dr Ato Forson on Monday, June 3 filed a supplementary affidavit in support of the motion on notice for an order of mistrial, injunction and/or stay of proceedings in the ongoing ambulance case against him and two others.

Lawyers for the Ajumako-Enyan-Esiam legislator cited a leaked tape between the Attorney-General, Godfred Yeboah Dame, and the third accused, Richard Jakpa, in which the former allegedly attempted to coach the third accused to implicate Dr Ato Forson in the ongoing trial, for the application.

Ato Forson’s legal team in the affidavit, argues that the Attorney-General misconducted himself and called for the prosecution to be declared a mistrial.

“It has become necessary to file this affidavit in order to bring to the attention of the Court and in the interest of justice, certain pertinent, material and relevant matters that have a bearing on the fair and just determination of the current application.

“That I say that I have since filing the instant application had the opportunity of listening to a recording widely circulating in the media depicting the voices of the Attorney-General and A3 fervently discussing the evidence the Attorney-General will prefer the said A3 to adduce at the trial. At the hearing of the instant application, my counsel will seek leave of the court to have the said audio recording played in open court.”

The Minority Leader further argued that failure to order a mistrial in such circumstances, where there appears to be a blatant disregard for the rule of law and ethical standards of prosecution by none other than the Attorney-General, could severely undermine public confidence in the judicial process.

The Minority Leader subsequently filed an appeal at the Court of Appeal which has been has been upheld by the Court in a 2:1 majority decision.

Businessman Richard Jakpa, the third accused in the Ambulance trial has also been freed by the court.

• goldcoastnewsline@gmail.com
• July 23, 2024
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• 2 minutes Read

Speaker walks Sefwi-Wiawso MP out of Chamber

A comment from Dr Kwaku Afriyie, the New Patriotic Party (NPP) Member of Parliament (MP) for Sefwi-Wiawso in the Chamber of Parliament on Monday, deemed disrespectful, attracted the Speaker’s anger, who directed a Marshall to walk the MP out.

Speaker Alban Sumana Kingsford Bagbin had announced to the House the President’s nomination of two persons for appointment to the Supreme Court.

The Speaker, after making the announcement, urged the House to look into issues of the full complement of the Supreme Court when the Appointments Committee presents its vetting report on the two nominees to the plenary for consideration.

Dr Kwaku Afriyie, in a remark, did not agree with the Speaker, saying: “It does not lie in the mouth of the Speaker to make such prejudicial comments.”

These remarks did not go down well with the Speaker, who, in response, said: “This is a completely rude remark and I can send you out of the House now.”

“It lies in my authority to do so. You represent the good people of Sefwi-Wiawso, and I represent the whole country. Please, Marshall, take him out of the House! Marshall, take him out of the House! I will not entertain such disrespect,” he said.

After Dr Afriyie had walked out of the Chamber, Mr Frank Annoh-Dompreh, the Majority Chief Whip and NPP MP for Nsawam-Adoagyiri intervened and rendered an apology to the Speaker on behalf of the caucus.

“Mr Speaker, we acknowledge the wisdom you have guided this House with and how we have navigated as a House to this point,” he said.

“We’ve had moments laced with tension, we’ve had some tensed moments in this House, in all that, Speaker, you’ve shown leadership, and it is incumbent upon us in leadership to help you guide the House.”

“What happened a moment ago was unfortunate, so we want to, for and on behalf of the entire Caucus and my colleague, we want to render an unqualified apology to you and your office, and we hope that this draws the curtains and thus brings matters to a close.”

“Mr Speaker, we are very sorry, and we apologise sincerely for what happened. I say this on behalf of the Member and the entire Caucus, we are sorry.”

Speaker Bagbin commended the Majority Chief Whip for his leadership; declaring; “Honourable members, that ends the matter.”

• goldcoastnewsline@gmail.com
• July 14, 2024
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• 4 minutes Read

Gambia killings suit against Ghana inadmissible- ECOWAS Court rules

The ECOWAS Court of Justice has ruled as inadmissible, three of the four grounds of a suit filed by the son of a deceased Ghanaian seeking to hold the country liable, for among other things, failure to investigate the disappearance of their father, one of the 50 West Africans killed by a Gambian para-military unit during the Jammeh reign in The Gambia in 2005.

The 50 migrants, mainly from Ghana and Nigeria, were in transit in the country when they were reportedly arrested and later executed by the paramilitary unit.

In dismissing the grounds, the Court agreed with the government of Ghana that the human rights violation complained by the applicant, Isaac Mensah, son of the deceased Peter Mensah, were “committed outside the jurisdiction of the Ghana, but in the Republic of the Gambia at a time when the Ghanaian government had neither knowledge nor access to intervene in the matter.”

The Respondent had also told the Court that it made various diplomatic efforts, including the institution of the 2009 UN/ECOWAS investigation, to resolve the matter and is committed to further investigations in light of new information that has been uncovered.

In the judgment delivered by Justice Edward Amoako Asante, presiding Judge, the Court concluded that it lacked  jurisdiction over the “Applicants’ claims related to: (i) the alleged violation by the Respondent of the prohibition against enforced disappearance due to its failure to investigate the detention and enforced disappearance of Mr. Peter Mensah; (ii) the alleged violation of the Applicants’ right to an effective remedy, contrary to Articles 1, 4, 5, 6, and 7 of the African Charter and Articles 6(1), 7, 9, and 16 of the ICCPR; and (iii) the alleged violation by the Respondent of the right to truth, contrary to Articles 2(3) and 7 of the ICCPR.

“This is because all these claims are directly linked to or based on the alleged arrest, detention, and disappearance of Mr. Peter Mensah in The Gambia, rather than in the Respondent State.

On the other hand, the Court held that it has jurisdiction over the Applicants’ claim relating to Respondent’s violation of the right to information under Article 9(4) of the Court’s Protocol. Applicants allege that Respondent has failed or refused to provide the First Applicant information including a copy of the 2009 UN/ECOWAS report delivered to Ghana, the pathologist’s report on the bodies returned to Ghana in 2009, and a report on the disbursement of the money paid by The Gambia to the families.

The Court therefore directed the Applicant to provide information to the son of the deceased Ghanaian, mainly the 2009 UN/ECOWAS committee report delivered to Ghana; the coroner’s /pathologists report on the bodies returned to Ghana in 2009; a report of the disbursement of the money paid by The Gambia to the families and a copy of the videotape of the burial ceremonies of the six bodies returned to the country.

The Court held that by denying the son access do these documents, the Republic of Ghana breached the Applicant’s right to information under Article 9(1) of the African Charter and Article 19(2) of the International Covenant on Civil and Political Rights (ICCPR).

The Court also struck out the second Applicant in the suit, a Gambian-based human rights NGO, the Registered Trustees of African Network Against Extrajudicial Killings and Enforced Disappearances (ANKED), on the grounds that the first applicant, which it claimed to represent, is already representing himself. Secondly, that ANKED cannot be deemed to be suing in a public interest as the case does not bear the hallmark of a public interest suit.

The Court also struck out the names of the other 23 Applicant’s contained in the initiation application. It held that “contrary to its longstanding jurisprudence, the First Applicant has not shown evidence that he has the authority to represent the 23 other persons on whose behalf he brought the action.

“Therefore, those individuals are struck off from the suit, and the First Applicant is deemed to be suing for himself only,” Court added.

The Court also dismissed all “other reliefs sought by the parties which have not been herein granted in whole or in part are hereby dismissed and decided that the parties bear their costs.”

Also on the panel of the three judges for the suit were Justices Gberi be Ouattara and Ricardo Claudio Monteiro Goncalves.

• goldcoastnewsline@gmail.com
• July 2, 2024
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• 1 minute Read

AG accuses Jakpa, Big Sea of making 50% profit

Attorney General Godfred Yeboah Dame has accused the third accused person in the ongoing ambulance trial, Richard Jakpa, and Big Sea, producers of the ambulances, of making a 50% profit from the 2.37 million Euro ambulance deal.

According to Godfred Dame, this is to account for the failure of the suppliers of the ambulances to deliver under the terms of the contract.

Richard Jakpa answered that he was not aware of that information as he did not act as CEO or staff of Big Sea.

The Attorney General then suggested to Richard Jakpa that his firm and Big Sea failed to meet the terms of the contract because of the 50% profit that went to them.

Richard Jakpa, however, answered that this cannot be true as the contract went through all appropriate approvals, including cabinet, parliamentary, and PPA approval.

• goldcoastnewsline@gmail.com
• June 26, 2024
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• 1 minute Read

Pelpuo offers GHC100K reward for information on Wa killings

The Member of Parliament for Wa Central, Dr. Rashid Pelpuo, has announced a bounty of GH¢100,000 for any person or group that provides information leading to the arrest of those responsible for the recent killings in Wa.

So far, about 12 people, mostly private security guards, have been murdered in Wa by unknown assailants.

Announcing the bounty at a media briefing in Wa, Dr. Pelpuo stated that these incidents have caused immense fear and panic in the Wa municipality, significantly affecting business activities in the area.

The Wa Central legislator also expressed concern over the police’s prolonged silence on the investigation results, noting its negative impact on the inhabitants of Wa.

Source: citinewsroom.com

• goldcoastnewsline@gmail.com
• June 26, 2024
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• 2 minutes Read

Okyeman Taskforce calls for arrest of police ‘informants’

Members of the Okyeman Environmental Protection Taskforce have called on the Ghana Police Service to investigate, and arrest individuals who are parading as police informants in the area. They allege that unscrupulous people posing as informants of the Ghana Police Service have been threatening to kill residents, and confiscate their assets.

Speaking to the media yesterday, the Akwansrahene of Kyebi Apapam and the second in command of the taskforce, Nana Baffour Kwabena Baah, said the nefarious activities of such individuals were getting out of hand, instilling fear in residents and, particularly, members of the taskforce. He indicated that the taskforce recently received a report about one Jones Kwaku Okyere, who claims to be one of the informants posting the details of taskforce members on a WhatsApp platform and branding them as “criminals terrorizing innocent residents in the area.”

Nana Baah added that Appiah, as Jones Kwaku Okyere is popularly called, allegedly threatened members of the taskforce, warning them to cease their activities as “their days are numbered.” He is therefore calling on the Ghana Police Service to intervene, and investigate these so-called informants.

Meanwhile, Nana Baah has alleged that contrary to claims of being police informants, the individuals involved are land guards sent by some estate developers to obstruct the taskforce’s efforts. He mentioned that the recent threats stemmed from the taskforce’s arrest of some land guards in the area. He indicated that upon receiving a report about land guard activities, taskforce members were promptly deployed to make arrests. The apprehended land guards were handed over to the police for legal action.

According to Nana Baah, the arrest angered the land guards, prompting the recent threats against taskforce members. However, he emphasized that the members would not be deterred by such threats, and would continue to work for the protection of Akyem Abuakwa lands and the environment.

He affirmed that the taskforce members were dedicated to their work, and would continue to serve the interests of the traditional area. He urged residents to respect the taskforce’s activities, emphasizing that it has the backing of the Akyem Abuakwa Traditional Council.

• goldcoastnewsline@gmail.com
• June 24, 2024
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• 1 minute Read

Police arrest Michael Nii Yarboi over assault