senaturf

Anger is brewing in the judiciary over the impact of mid-year tax measures on the salaries of judges. It would be recalled that government announced a 35 percent tax on persons earning over 10,000 cedis as part of measures to rake in more revenue. Even though the move has been hailed as forward looking, Gold News understands it is affecting the living conditions of judges. Article 127(5) of the 1992 Constitution states; “The salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a Justice of the superior court or any judicial officer or other person exercising judicial power, shall not be varied to his disadvantage.” This constitutional provision, I am made to understand imposes an obligation on government to ensure that its policies do not unduly negatively affect the living conditions of judges but that seems not to be the case at this time. Information I have gathered indicates  some judges ar...

I have been reading the press statement delivered by Kojo Oppong-Nkrumah and listening to our President and I have been left confused. Both Kojo Oppong- Nkrumah and President Akuffo-Addo  have taken the view that former President Mahama's proposal of a "review" or saying the double track "ento asum" means JDM would scrap the policy if elected into power in 2020. Kojo Oppong Nkrumah goes a step further to say that former President Mahama has always been against the free Senior High School policy and campaigned against it. Frankly, I would avoid speaking for the former President because I believe he can speak for himself and has official and volunteer spokespersons who are qualified enough to do that. Just to say that the former President has been handed a perfect opportunity to come clear on how intend to ensure affordable, quality secondary education for all and not skirt around the issue like they typically do. President Akuffo-Addo and his gov...

In an age where electricity has become the livewire of every activity, it is surprising when you are told that the regional office of a major state institute has been without power for days. It all started on the evening of September 21 when Ghana was celebrating the birthday of the Founder of this great nation. That evening the offices of the Volta Regional Education Directorate went dark and were still in darkness as at Friday September 28, 2018. The situation like you would expect was affecting operations of the office with the personnel forced to work without electric power. The situation has adversely affected productivity at the regional offices with most members of the public who turned up at the offices to carry out transactions returning home disappointed. The interesting thing is that some of the people who turned up at the offices are teachers came from very far distances and so their journeys took hours and had to forego a day’s work without any result; meanin...

Every journalist likes a good story but some stories are so interesting they must be told. One of those stories is about attempts by local representatives of teacher unions to explain what is turning out to be an interesting topic, "Special insurance for teachers" The story is told of how most teachers woke up one morning, walked to their banks (which are usually GCB Bank),to their surprise found out GHC10 had been deducted form their salaries and it was going to be monthly affair; the purpose for these deductions, life insurance cover for them. It turned out their respective unions had signed them on for these insurance covers, in the belief that it was in the interest of the teacher. Unfortunately for the unions, no teacher is a juvenile so you need their consent to sign them up to anything no matter how well intentioned. So the roars went up in the various classrooms with some teachers resorting to social media to express their disgust at the move leaving ...

Perhaps it is an over-flogged matter that does not interest the public or even the media anymore; well, except in instances when a strike is threatened. The unpaid salary arrears of teachers is a matter that dates back to the days of Seth Tekper and was brought on by a decision to pay only three months of arrears and subject the rest to rigorous vetting. It is a matter that has attracted some industrial action but is still yet to be resolved; at least in the case of scores of teachers. The worst part is attempts to get the issue resolved have fallen on deaf ears. A couple of them who have spoken to me say they are becoming persona non grata at the Accountant General's office because the staff there were tired of their faces. The question is whether the frowning faces at the AG's department should deter them from pursuing their hard earned wages; the answer is No and they continue to frequent the offices. A couple of them who I have personally spoken to to...

It was Captain (rtd.) Nkrabea Effah Dartey, a lawyer of over 30 years standing who first expressed this confusion after Justice Daniel Mensah had decided to adjourn to await the administrative decision of the Chief Justice, Sophia Akuffo. Interestingly enough, the man fighting off the adjournment is one whose name would be called anytime there is talk over the development of law in the country, Tsatsu Tsikata. The author of the letter is Frank Davies who was representing the Bank of Ghana; the purpose of the letter is to get the case assigned to a new court. So let me unwrap the case a little for you. In the wake of the consolidation of 5 banks into the Consolidated Bank, shareholders of UniBank one of the 5 unfortunate banks went to court in a bid to overturn the decision of the Bank of Ghana (BoG). Their case was simple, the Consolidated Bank of Ghana created by the Central Bank to takeover the assets of the five banks is an illegitimate entity. After filing th...

Deputy Attorney General has hinted that President Akufo Addo would confirm the appointment of Jean Mensah as EC Chairperson within the next 24 hours. He gave the hint in an interview with the press after the Supreme Court refused an application for interlocutory injunction filed by Fafali Nyonator, the private citizen challenging the removal of Charlotte Osei as EC Boss. There are indications that the Council of State has approved the nominations forwarded by the President. Godfred Yeboah Dame says the Court's decision clears  the way for the appointment and the President would act accordingly.

The Senior Staff Association of the Volta River Authority is opposing moves the amend the Build, Own, Operate  and Transfer agreement with Ameri Power. Under the agreement the power plants contracted by the erstwhile John Mahama led administration to tackle the power crisis at the time, would become properties of Ghana in two and a half years. The Nana Akufo Addo led administration which inherited the agreement is however seeking to extend its tenure. Even though it's unclear what is contained in the amendment bill submitted to Parliament, Gold News sources within the Mines and Energy Committe describe the amended deal "terrible." Government in defence of its claims move says the agreement would ease the burden on the consumer. The VRA Senior Staff in a statement described the amendment as needless and are convinced it would only make the agreement more expensive to the Ghanaian taxpayer. The Union is also concerned about the VRA which is suffering financial diffic...

The Chiefs and people of Dorfor Traditional area are demanding the return of a land possessed in 1975.  According to the acting President of Dorfor Traditional Area, Togbui Ananze Titriku XII  the land in question was possessed by Supreme Military Council and has remained in the hands of the State since then. Flanked by his sub-chiefs, Togbui Ananze Titriku XII at a press conference alleged that Vume Torgorme, who he described as traditional settlers on Dorfor land are seriously laying claims to lands stretching from Nigokpoe through Atitekpoe, Tagadzi to Kluma Dorfor. Togbui Ananze Titriku XII described the current situation as wrong and provocative since the said stretch of land belongs to Dorfor State and not Vume Torgome. “The said area was taken over by the Supreme Military Council since 1975 from the chiefs and people of Dorfor Traditional Area for cotton project which is yet to be developed,” he said. He  noted that the land in question is part...

An Accra High Court has ordered the Registrar of Companies to take control over the assets of the Ghana Football Association. The order bars any member of the Association from exercising any control over its assets until the substantive petition to liquidate the GFA is heard. The court gave the orders as it granted an application filed by the Attorney General. The state had filed the application to keep the hands of members of the GFA off the assets and day to day management of the FA until the petition is determined. Lawyers for the FA led by Thadeus Sory had opposed the application as frivolous but Justice Samuel Kwame Adibu Asiedu diasagree. Thaddeus Sory had argued that the move to take custody of the assets and place an injunction on the FA is amounts to painting the whole football management body with corruption when the evidence attacks specific individuals. Justice Samuel Kwame Adibu Asiedu however said the state represented by the Deputy Attorney General Godfr...

The Judicial Service Staff Association of Ghana (JUSSAG) has served notice it's members would embark on an industrial action if government continues to delay in the payment of their fuel allowances. According to JUSSAG its members have not received their fuel allowances since 2016. This came to light during the swearing in of newly elected executives of JUSSAG. President of the Association Alex Nartey who revealed this indicated that government is taken too long to pay these arrears testing their patience in the process. He said association has given government up to June 29 to pay these arrears or risk grinding judicial service provision to a halt. Mr. Nartey says any industrial action would be preceded by a meeting of the National Executive Committee of the Association. He stated that despite the pussyfooting of government they have remained diligent in the performance of their duties saying "a labour deserves his wage."

The first thing that occurred to me when I first saw Elikplim Agbemava 2020 posters is his motive for filing the constitutional case against the pardon granted to the Montie 3. That question is coming up now but with an interesting twist; Elikplim Agbemava is being accused of conniving with Executive Secretary to the President Nana Asante Bediatuo to attempt get the Montie 3 jailed again. Whiles, I note that Elikplim Agbemava has publicly responded to the “connivance” allegation, I would like to contribute to the debate by sharing portions of an article I wrote on this same subject matter in my article titled; Bediatuo's disinterest; Dotse's advice and vanishing Attorney. The first case was one filed by Elikplim Lorlormavor Agbemava challenging the scope of the constitutionally conferred power to pardon of the President of Ghana. He sent the case after concerns emerged about the decision of former President John Mahama to remit the sentences three gentlemen wh...

The Attorney General has put up a spirited defence of the controversial findings of the Commission on Human Rights and Administrative Justice. Pressure group, Dynamic Youth Movement of Ghana (DYMOG) is contesting portions of the report authored by CHRAJ on the petition against the processes that governed the issuance of the controversial 2.25 billion dollars bond. The CHRAJ investigative report on the petition filed by Yaw Brogya Gyamfi concluded that the Finance Minister did not engage in conflict of interest even though he placed himself in a potential conflict of interest situation by not declaring his interest in some companies. DYMOG in a suit before the Supreme Court argues that CHRAJ overstepped its jurisdiction and ended up interpreting Article 287 of the 1992 constitution, a privilege preserved for the apex court of the land. The Attorney General in a 13 page response intercepted by radiogold905.com and filed by Chief State Attorney Sylvester Williams however belie...

No matter how hard I try to convince myself that it won't happen, reading through the agreed issues to be determined in the case against the remission of sentence granted the Montie 3 only deepens my fear and expands my doubts. Over the past months, I have had to answer the question as to whether the three can be returned to jail; my answer has always been a definite "No." That "No" is perhaps now, a "Maybe" because the Supreme Court can of cause grant what it deems proper and in consonance with the law. The difficulty is that the Montie 3 are but observers of a constitutional battle which may restrict the meaning of conviction to exclude those jailed for contempt. Three different persons, one of whom is Executive Secretary to the President Nana Asante Bediatuo are of the opinion that former President Mahama exceeded his mandate when as a serving Ghanaian leader he granted a remission of sentence to the Montie 3. The Montie 3 had been convicted an...

Former Chief Executive of COCOBOD Dr. Stephen Opuni and Managing Director Agricult Ghana Limited Seidu Agongo would be watching proceedings of the case at the Supreme Court for the interpretation of Article 19(2) (e) & (g) with crossed fingers because of the impact it would have on their case. This is after the Court hearing criminal proceedings against them withheld its decision on an application demanding for documents key to their case until after the Supreme Court makes a decision on the said provision in the 1992 constitution of the Republic of Ghana. The lawyers for Dr. Opuni led by Samuel Codjoe were demanding for 13 different documentations covering facts that were included in the writ filed by the Attorney General. The documents ranged from witness statements of the 2 nd and 3 rd accused persons and that of the prosecution, all fertilizer supply contracts signed between 2008 and 2018, alleged correspondences between Dr. Opuni and officers of the Cocoa Resea...

Embattled former Chief Executive of the Ghana COCOBOD has filed an application in court seeking documentation relating to facts that the Republic would be relying on in the case against him. Dr. Stephen Opuni has been charged with 27 counts of various criminal offences relating to lithovit foliar fertilizer supply contracts covering three cocoa planting seasons awarded to indigenous company, Agricult Ghana Limited. The other parties in the matter are Agricult and its Managing Director Seidu Agongo. Even though the matters being tried by the court relates to actions taken by Dr. Opuni as COCOBOD CEO, he has indicated that he does not have copies of the documents in question and therefore wants the court to order the Attorney General to give him copies. Dr. Opuni in the application said the documents are crucial to his defence against the charges because his lawyers would be making copious references to them. The documents relates firstly to claims by the Attorney G...

*EXEMPLARY NKRUMAH  AND NATIONAL PRIDE* *SELF-CONFIDENCE PROTECTS SOVEREIGNTY AND ADVANCES NATIONAL INTEREST* Letter From President Nkrumah to President Johnson Accra, February 26, 1964. Dear President Johnson, I wish to take the opportunity of the return of my Ambassador to Washington, after a brief visit to Accra, to send you this personal note concerning one or two matters which are of interest to Ghana and the United States. In the first place, I should like to repeat the expressions of regret already conveyed to your Government over the recent incidents in Accra, and to reaffirm the assurances I gave to the late President Kennedy in regard to my Government’s policy of non-alignment. As you are probably aware, we have pursued this policy unflinchingly from the very day of our independence. In my first meeting with President Kennedy, I explained how dangerous it is for the emergent States of Africa to take sides in the diplomatic manoeuvres and political disputes ...

Barely three days after its ratification under controversial circumstances, the Defense Cooperation agreement between the Governments of the United States and Ghana is facing its first constitutional test. The agreement is the subject is a suit filed by Ashanti Regional Youth organizer of the National Democratic Congress Yaw Brogya Gyamfi. The government led by the Minister of Defence Dominic Nittiwul successfully pushed the agreement through parliament with the overwhelming support of all New patriotic Party MPs despite concerns over its constitutionality. The Minority led by its leader Haruna Iddrisu had questioned the suitability of the agreement for a parliamentary approval because it has not been duly signed and therefore does not meet the constitutional requirement of execution in order for it to be ratified. Article 75(2) which gives Parliament the authority to ratify agreements entered into by the executive reads; A treaty, agreement or convention executed by...

For a Court reporter, covering the Supreme can sometimes be a challenging and frustrating experience. This is especially true on days when high profile cases are lined up yet you leave court with little or no leads. It is in these that some judges jump to your rescue forcing a smile that you lost as things progress. On Tuesday, March 20, 2018, was one of such days.  The cases were lined up one after another, yet your only lead was either file legal arguments or adjourned sine die; or so it seemed until the Judges started complaining and Attorneys started vanishing without a trace leaving colleagues with the age old excuse. Adinyira's beef The first case was one filed by Elikplim Lorlormavor Agbemava challenging the scope of the constitutionally conferred power to pardon of the President of Ghana. He sent the case after concerns emerged about the decision of former President John Mahama to pardon three gentlemen who have become known as the Montie 3. ...