Category Law & Order

• goldcoastnewsline@gmail.com
• June 1, 2024
• 0 Comments
• 3 minutes Read

Kwame Gyan: Godfred Dame has always operated an open-door policy

Seasoned lawyer in private practice and professor of law at the University of Ghana (UoG), Kwame Gyan, has stated that by the nature of the law that established the office of the Attorney General (AG), the office holder at all material times, must operate an open-door policy to receive and talk to all Ghanaians and the same must not be abused by lawyers, ordinary citizens alike.

Speaking on Asaase Radio’s flagship programme, “Town Hall Talk” on Friday, 31 May 2024, the astute lawyer said anyone who has the privilege of engaging the Attorney General on the matter of justice must refrain from secretly recording him because it could force whoever is the Attorney General now and future holders of the office to go into hibernation and refrain from engaging with the people as required by his unique constitutional office.

In his submission, Kwame Gyan noted that “the Attorney General wears two hats technically (as Attorney General and as Minister of Justice). The Attorney General he said is therefore, in an unenviable position, because “he is the man who is the chief law enforcement officer of the Republic” and he is “the man who is leading the effort to ensure freedom, justice, probity, and accountability.”

“The Attorney General as the lawyer will agree, is the leader of the bar. I am probably twice his senior at the bar and I said, I thought the Attorney General in Legon, but he is my leader when it comes to questions at the bar. When the Attorney General is in court, he gets precedence over all the lawyers,” he added.

Mr Gyan continued, “In fact, even if he meets Sam Okudzeto in court, the Attorney General’s case will be called before Sam Okudzeto’s case is called because he is the leader of the bar. I entreat my colleagues to be circumspect with how they see things about that office. It is not for nothing that “General” is part of that office. All of us are attorneys, but he is the Attorney General so the “generalship” has to be respected.”

The learned lawyer further pointed out that the A-G has the prosecutorial discretion to decide to prosecute or not saying “to prosecute is a decision of the Attorney General. He has a lot of influence and in the cause of delivering his mandate, all manner of people go and talk to him.”

• goldcoastnewsline@gmail.com
• May 30, 2024
• 0 Comments
• 2 minutes Read

Plea bargain can be sought in most criminal cases, including murder – Sophia Akuffo

In the wake of the controversy surrounding the ongoing trial involving a former Deputy Finance Minister accused of causing financial loss to the state, former Chief Justice, Sophia Akuffo has sought to clarify the misunderstanding around the concept of plea bargain.

A plea bargain, also known as “negotiating a plea,” is an agreement in criminal law proceedings whereby the prosecutor provides a concession to a defendant in exchange for a plea of guilt.

This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.

This has become a subject of controversy in the ambulance procurement trial case after the third accused, Richard Jakpa, accused the A-G of attempting to influence him to tilt his testimony against the Minority Leader, Dr Cassiel Ato Forson.

Speaking on the plea bargain concept, the former Chief Justice in an interview with JoyNews’ Samuel Mbura, said plea bargain is permissible in every criminal case unless there is a specific law restricting its application.

Madam Akuffo said the practice, not at all a novelty, is commonly applied in many countries and even in murder cases.

“The prosecution can seek to plea bargain in every criminal case unless there is a law setting boundaries as to what cannot be plea bargained,” she said.

Asked about the propriety of its application in the current controversial ambulance case, Madam Akuffo said while she was not particularly seized with the facts of the ambulance case, she sees nothing wrong if the prosecution thought it more appropriate to go for a plea bargain.

However, she emphasised that “sometimes, you plea bargain a co-defendant and make that co-defendant your prosecution witness in exchange for which they plead guilty to a lesser charge.”

Meanwhile, the Attorney-General Godfred Yeboah Dame has released details of plea bargain correspondence between his office and third accused in the ambulance case, Richard Jakpa.

This action comes after Jakpa claimed in open court that Godfred Dame had attempted on multiple times to recruit him to assist with testimony to condemn the first accused, Cassiel Ato Forson.

• goldcoastnewsline@gmail.com
• May 28, 2024
• 0 Comments
• 2 minutes Read

Court cautions Sammy Gyamfi, others on public commentary regarding Ambulance case

The judge presiding over the case between the state and Minority Leader, Cassiel Ato Forson, and another has cautioned the communication officer of the National Democratic Congress (NDC), Sammy Gyamfi and others to be responsible with their commentaries.

The judge, Justice Afia Serwah Asare Botwe, who was not satisfied with commentaries on the case, warned that any attempt by any individual to scandalise the court will not be tolerated, stressing that both parties desist from attempting to employ public opinions on the case.

The court engaged Sammy Gyamfi on Thursday, 28 May 2024, after the judge, Justice Afia Serwah Asare Botwe thought the NDC’s communications officer was not in court during the cross-examination last week calling him to the docket for questioning on a commentary he made after the proceedings which the court deemed unfit.

In an interview with the communications officer of the National Democratic Congress, Sammy Gyamfi said, “…In principle, the caution of the court is in order.”

He added that his statement was very clear, describing it as a hypothetical statement not intended to scandalise the court or the presiding judge in the trial.

“My statement was very clear, it was a hypothetical statement that if you have an Attorney General who can call an accused person on the blind side of his lawyer when he knows the ethics of the bar prescribes that the person can call a… it was in reference to this and I think that we’ll see the incontrovertible evidence to show that, that hypothetical statement I made is actually a fact.”

Source: asaaseradio.com

• goldcoastnewsline@gmail.com
• May 27, 2024
• 0 Comments
• 2 minutes Read

Jakpa’s allegations against A-G warrant serious attention – Samson Anyenini

Private legal practitioner Samson Lardy Anyenini believes the allegations made by the third accused person against Attorney-General Godfred Dame in the trial of Minority Leader, Dr. Cassiel Ato Forson must not be taken lightly.

This comes after Richard Jakpa, accused in the ambulance purchase trial, claimed that the A-G had previously approached him to help build a case against the former Deputy Finance Minister.

“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that… If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1 when I’m here to defend myself,” Mr Jakpa said in court.

“If he pushes me, I’ll open the Pandora’s box. I have evidence to all this,” he added on Thursday, May 23.

Speaking JoyNews’ The Probe, Samson Anyenini, said the significance of the A-G’s position makes it impossible to allow such a development to slide without the necessary scrutiny.

Mr. Anyenini also emphasised that Mr. Jakpa may likely be aware of the judicial implications if the allegation is false, making it even more worth the probe.

“He may be frustrated, but to say the things he says and considering the consequences of the things he says, I would think that they are serious enough, warranting the attention of the right institutions,” he said.

The NDC has expressed concern over what it views as a clear case of persecution against Dr. Forson, who has been a prominent figure in opposing the current government’s policies.

• goldcoastnewsline@gmail.com
• May 26, 2024
• 0 Comments
• 1 minute Read

AG won’t be swayed by diversionary tactics – Spokesperson

The spokesperson for the Office of the Attorney-General and Ministry of Justice, Isaac Wilberforce Mensah, has affirmed the unwavering resolve of Attorney-General (AG) Godfred Yeboah Dame in fulfilling his mandate.

His statement comes amidst a series of allegations and counter-allegations that have marked the ongoing ambulance case.

Richard Jakpa, the third accused in the case, had previously alleged in court that the AG had approached him multiple times, seeking his assistance to implicate Minority Leader and former Deputy Finance Minister, Dr Cassiel Ato Forson which the office of the AG has vehemently denied.

Mensah in an interview on The Big Issue on Citi TV on Saturday maintained that the AG is steadfast in his commitment to justice.

He stated that Dame is focused on ensuring a fair and thorough investigation, undeterred by the controversies surrounding the case.

“…The focus of the office is on prosecution. We are not going to be swayed by diversionary tactics amongst others. The AG is resolute in his mandate,” he stated.

• goldcoastnewsline@gmail.com
• May 24, 2024
• 0 Comments
• 1 minute Read

Court dismisses suit against commercialisation of GMOs

The High Court in Accra presided by Justice Barbara Tetteh Charway has dismissed claims made by Food Sovereignty Ghana regarding the work conducted by the National Biosafety Authority on Genetically Modified products.

She ruled that the plaintiffs failed to provide sufficient evidence to support their claims.

Food Sovereignty Ghana, along with three other groups, sought declarations on whether the necessary processes and laws were followed in the plans to commercialize GMOs.

They also wanted clarification on whether the defendants adhered to domestic and international laws on risk assessment and management regarding the release and commercialization of Bt cowpea and rice.

However, the court held that the Biosafety Authority hadn’t yet released any GM products for commercialization, as they were still engaged in extensive research and community sensitization.

Justice Tetteh Charway ordered the labelling of all Genetically Modified products on the market to inform consumers, and requested relevant data on Bt Cowpea brought in from the Nigerian market and sold in Ghana.

The detailed judgement on the case, initiated in 2015, will be provided by the court at a later date.

• goldcoastnewsline@gmail.com
• May 24, 2024
• 0 Comments
• 4 minutes Read

A-G never coerced accused person in Ambulance Case

The Attorney General’s office is denying allegations made by one of the accused persons in the trial of Minority Leader, Dr. Cassiel Ato Forson in the ongoing ambulance purchase trial.

Richard Jakpa, the third accused in court yesterday alleged that the Attorney-General approached him at odd hours to implicate the Minority Leader.

“The A-G has on several occasions engaged me at odd hours to help him make a case against A1 and I have evidence for that.. If he pushes me, I will open the Pandora’s box. I don’t understand why the A-G will accuse me of defending A1 when I’m here to defend myself,” Mr Jakpa said in court.

“If he pushes me, I’ll open the Pandora’s box. I have evidence to all this,” he added.

However, the AG in a statement called on the public to disregard the allegations noting that it remains focused on a zealous prosecution of the case.

It noted that throughout the trial, the Office of the Attorney General has relied solely on the record of the impugned transaction, i.e. the purchase of ordinary vans purporting to be ambulances, to sustain its case against the accused persons.

“This record existed before January 2022 (when the case was commenced) and was duly filed in Court by the prosecution before the commencement of the trial. The Republic has never required or desired the cooperation of any of the accused persons in the matter, in which it has already succeeded in establishing a prima facie case against all the accused persons,” it said.

“Neither the Attorney-General nor any officer from the Office of the Attorney-General has approached any of the accused persons with the view to obtaining evidence from them,” it added.

On the contrary, “it is rather the third accused who, by various letters dated 27th April 2023, 16th May 2023, 30th May 2023 and 12th June 2023, has proposed to the Republic through the Attorney-General to engage in plea bargaining or plea negotiations. This plea bargaining proposal has, to date, not been accepted by the Attorney-General.”

It noted that although the law on plea bargaining passed by Parliament permits a prosecutor to negotiate with an accused person after a plea proposal has been made, the Attorney-General has not engaged the third accused person to give false testimony in the matter.

“The Attorney-General has also come under enormous pressure from all manner of persons for him to discontinue the prosecution of the 1st accused person, Cassiel Ato Forson, but has not yielded. The Attorney-General has video evidence of the first accused, person, Cassiel Ato Forson, coming to meet him and to plead with him to discontinue the prosecution. This, the Attorney-General has refused to do,” the A-G’s stated firmly.

In the earlier press release, the NDC Chairman Johnson Asiedu Nketiah posited that this incident confirms the “legitimate and long-held suspicion of the devious modus operandi of Godfred Dame and the government he represents.”

“The NDC is deeply scandalised by this clear case of persecution against the Leader of the party’s Caucus in Parliament who has been at the forefront of our struggle against the misrule of the oppressive and despotic Akufo-Addo/Bawumia NPP regime,” the statement said.

The NDC’s statement criticized the Akufo-Addo/Bawumia administration, accusing it of lacking integrity and perverting the course of justice.

“It further shows the desperate lengths the Akufo-Addo/Bawumia NPP government will go to manipulate judicial processes to unjustly victimise political opponents for cheap political goal-scoring.”

Mr Nketia added that, “It also confirms the lack of integrity of the dishonourable Attorney-General and the extent to which he goes to pervert the course of justice.”

The party has announced its intention to hold a press conference, during which it plans to present evidence supporting its claims.

• goldcoastnewsline@gmail.com
• May 21, 2024
• 0 Comments
• 3 minutes Read

Health Minister approved project resumption in a letter to Finance Ministry – 3rd Accused

Richard Jakpa, the businessman and third accused in the trial involving former Deputy Minister of Finance Dr. Cassiel Ato Forson over the purchase of ambulances, has asserted that the deal was approved by the then Minister for Health, Sherry Ayitey.

Mr. Jakpa stated that Minister Ayitey approved the deal in a letter dated July 19, 2013. This letter, he mentioned, has already been tendered in evidence and marked as Exhibit 14.

In his witness statement, Mr. Jakpa disclosed that his company, Jakpa Business Limited, was copied in the letter because it served as Big Sea’s agent at the time.

He emphasized that the minister’s approval was a crucial part of the process, highlighting the legitimacy of the transaction.

“By a letter dated 19th July 2013, Big Sea wrote to the then Minister for Health who at the time was the Honourable Sherry Ayitey [May Her Soul Rest In Peace] and notified the government that the first twenty [20] ambulances were ready for shipment. Because JBL was Big Sea’s agent, JBL was copied in this letter.”

“Big Sea, therefore, requested that as provided for by the contract, the government visit Dubai to inspect the ambulances before shipment. This letter as already stated was tendered in evidence and marked exhibit 14,” an excerpt of his witness statement said.

He also testified that the letters of credit in question bore the seal of the then Finance Minister, Seth Terkper.

Mr. Jakpa emphasized that without the minister’s authentication seal, the letters of credit would have been ineffective.

He further explained that this authentication seal was crucial, and its presence legitimized the letters of credit. Jakpa noted that the Bank of Ghana only opened the letters of credit after receiving authorization from the then Deputy Controller and Accountant General.

Mr. Jakpa highlighted the procedural importance of the authentication seal, asserting that it was an essential step in the process. This seal, he reiterated, validated the letters of credit and ensured their effectiveness.

“It is after the documents marked as page 2 and 3 of Exhibit AK that the Former Minister for Finance [Hon. Seth Terkper] wrote to Big Sea assuring and informed it that he was in the process of finalising the establishment of the Letter of Credit. Thereafter, the Bank of Ghana [BOG] was requested to open the LC with the authentication seal of the Minister for Finance.”

“This is confirmed by exhibit A. Later the Deputy Controller and Accountant’s General finally authorised the BOG to establish the LC by exhibit B,” he added.

• goldcoastnewsline@gmail.com
• May 17, 2024
• 0 Comments
• 2 minutes Read

Chief Justice asks Kissi Agyebeng to respond to impeachment allegations

Chief Justice Gertrude Sackey Torkornoo has instructed Special Prosecutor Kissi Agyebeng to provide his comments on the matters raised in a petition seeking his impeachment.

The petition for former Special Prosecutor, Martin ABK Amidu, submitted by President Akufo-Addo in accordance with Article 146 of the Constitution, prompted the Chief Justice to assess whether there is sufficient prima facie evidence to warrant the establishment of a committee to investigate the allegations against Mr Agyebeng.

In a letter dated Thursday, May 16, Chief Justice Torkornoo emphasised the importance of Agyebeng’s input in addressing the issues outlined in the petition.

According to the CJ, this step is crucial in determining the appropriate course of action to be taken regarding the impeachment process.

Per the directive, the Chief Justice underscored the judiciary’s commitment to upholding due process and fairness in handling the matters.

“This is to forward to you a copy of the petition dated 30th April 2024 sent to the Office of the President which was forwarded to the Office of the Honourable Lady Chief Justice on 6 May 2024.

“Kindly provide your comments to the matters raised to enable the Honourable Chief Justice to determine if a prima facie case has been made out,” portions of the letter said.

Martin Amidu’s petition, dated April 30, 2024, is grounded in Section 15 of the Special Prosecutor’s Act, 2017, Act 959, which centres on alleged procurement violations. Allegations in the petition include breaches related to the acquisition of vehicles for the Office of the Special Prosecutor.

Additionally, Amidu raises concerns about violations of citizens’ rights, including wrongful arrests and detentions, infringements on the right to information, and improper appointments within the Office.

Among Amidu’s grievances are allegations of rights abuses stemming from the arrest of individuals such as Cecilia Dapaah and Prof. Frimpong Boateng.

He also points to issues surrounding the disclosure of information, particularly regarding the request for appointment letters and salary details of OSP staff, as well as concerns over personnel appointments.

Upon receiving the petition from the former Special Prosecutor, President Akufo-Addo initiated proceedings to remove Agyebeng from office by forwarding the petition to the Chief Justice for further action.

Source: myjoyonline.com

• goldcoastnewsline@gmail.com
• May 16, 2024
• 0 Comments
• 2 minutes Read

Interior Minister pledges to deal with troublemakers

The Minister of Interior, Henry Quartey, has strongly warned that persons who incite violence before, during or after the 2024 general elections would be dealt with irrespective of political affiliation.

This follows the reported pockets of violence recorded at some centres in the ongoing limited voter registration exercise, which led to the arrest of the Member of Parliament for Asutifi South, Collins Dauda.

Speaking to the media in Accra, Henry Quartey assured reporters of his outfit’s commitment to ensuring a peaceful electoral process.

“Let me sound the wording again, You know my track record, I walk my talk. Anybody who goes to do something other than what is prescribed, we will do our best to ensure that the law will take its course and the court of competent jurisdiction will do its work.

“May I sound this warning that it will not be political vindictiveness. If anybody commits, whoever the person is, we shall ensure that the law will take its course.”

He added that the New Patriotic Party (NPP) would peacefully hand over power should it be defeated in the upcoming general elections

“As a politician, as a political party, it is our hope, it is our wish, it is our belief that by the grace of God, the good people of this country, the good work that we have done in infrastructure and in other interventions, they will give us another mandate.

“Perish the thought, and I say again, perish the thought, If they decide to give their mandate to somebody, we will hand over peacefully and walk away, go to the drawing board and come back Insha Allah. But I know that the grace of God abounds and so we shall break the 8.”

Source:citinewsroom.com