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Tag: AG

  • Ambulance case trial may be done on a daily basis – Deputy AG reveals

    Ambulance case trial may be done on a daily basis – Deputy AG reveals

    Deputy Attorney General Alfred Tuah-Yeboah is advocating for the ambulance trial to proceed on a daily basis.

    This request follows recent allegations against Attorney-General Godfred Yeboah Dame, prompting Dr. Cassiel Ato Forson, the main defendant in the case, to call on the Chief Justice to televise the remaining hearings.

    While Tuah-Yeboah’s office has no objections to the proposal for live broadcasting, he suggests that incorporating daily hearings might expedite the trial process.

    “In fact, the AG had indicated at a different forum that when it comes to public interest matters or matters where the public has that kind of interest, it will be in the interest of justice that such proceedings are broadcast live on television and radio, so we don’t have any objection to the request but as I said, the Chief Justice has the final say.

    “Not only the broadcast, we are also looking at day-to-day hearing so that we can get to the end of this matter as soon as possible.

    The broadcast, if possible, may have to go with day-to-day hearing so that we can get to the end of this matter.”

  • NDC hasn’t provided the court with audio accusing AG because it is doctored – Adom-Otchere

    NDC hasn’t provided the court with audio accusing AG because it is doctored – Adom-Otchere

    Host of Good Evening Ghana on Metro TV, Paul Adom-Otchere has reacted to the recent developments in the ambulance case involving Minority Leader Dr Cassiel Ato Forson and the state, being represented by Attorney General Godfred Dame.

    Dr. Ato Forson, a former Deputy Finance Minister, is facing trial for his alleged involvement in the procurement of faulty ambulances for Ghana. This case has sparked public conversations, with some individuals calling for the Attorney General’s resignation.

    The Attorney General has insisted that the 3rd accused, Richard Jakpa, had sent letters requesting a plea bargain, which had not been accepted.

    However, the NDC countered these claims by playing a tape during a press conference on Tuesday, May 28. The NDC General Secretary, Johnson Asiedu Nketiah, stated that Jakpa never requested a plea bargain.

    Reacting to this, Mr Adom-Otchere noted that the audio being circulated by the NDC is doctored. According to him, due to this reason, the opposition party has failed to tender in the document in court as evidence.

    He noted that Mr Jakpa’s voice is so audible in the audio because a voiceover has been included in the said audio.

    “Jakpa did a voiceover which has been added that is why his voice is very loud. That is why the tape has taken that long. From last Thursday Sammy Gyamfi said they had it, it is today (Tuesday) that they bringing it. They didn’t tender it in court. They know that the tape will not stand the test of court because in court, there are forensics and when they tender it, the forensic experts will come.”

    “If the NDC that this tape will help their Ato Forson case in court, they should tender it,” he added.

    Meanwhile, the New Patriotic Party (NPP) has stated that the alleged audio tape involving Attorney General Godfred Dame and Richard Jakpa, the third accused in the ambulance case, released by the opposition National Democratic Congress (NDC), has been tampered with.

    At a press conference on Tuesday, May 28, NPP National Organizer Henry Nana Boakye (Nana B) described the tape as distorted and manipulated, claiming it was “cut and pieced together” by the NDC to create a misleading impression.

  • FULL TEXT: NPP reacts to NDC’s claims against AG in Ato Forson trial

    FULL TEXT: NPP reacts to NDC’s claims against AG in Ato Forson trial

    The New Patriotic Party (NPP) has stated that the alleged audio tape involving Attorney General Godfred Dame and Richard Jakpa, the third accused in the ambulance case, released by the opposition National Democratic Congress (NDC), has been tampered with.

    At a press conference on Tuesday, May 28, NPP National Organizer Henry Nana Boakye (Nana B) described the tape as distorted and manipulated, claiming it was “cut and pieced together” by the NDC to create a misleading impression.

    “The NDC today addressed a press conference and released what is believed to be their evidence. Clearly, you could see that it was doctored. It’s a manipulated tape. It is a cut and pieced-together tape, thrown out to create a certain impression. And we are here to respond to these evil-minded persons,” he added.

    Richard Jakpa, the third accused in the ambulance procurement case, revealed under cross-examination that Attorney General Godfred Dame had been calling him at odd hours to obtain testimony against the Minority Leader, Dr. Ato Forson.

    Dr. Ato Forson, a former Deputy Finance Minister, is facing trial for his alleged involvement in the procurement of faulty ambulances for Ghana. This case has sparked public conversations, with some individuals calling for the Attorney General’s resignation.

    The Attorney General insisted that Jakpa had sent letters requesting a plea bargain, which had not been accepted. However, the NDC countered these claims by playing a tape during a press conference on Tuesday, May 28. The NDC General Secretary, Johnson Asiedu Nketiah, stated that Jakpa never requested a plea bargain.

    Find the full statement by the NPP below:

    PRESS-CONFERENCE-NPPDownload
  • It is not unlawful to engage in plea bargaining – Sophia Akuffo tells AG on Ambulance case

    It is not unlawful to engage in plea bargaining – Sophia Akuffo tells AG on Ambulance case

    Former Chief Justice Sophia Akuffo has strongly defended plea bargaining in response to Attorney General Godfred Yeboah Dame’s accusations against Richard Jakpa.

    Her Ladyship emphasized that plea bargaining is a legitimate tool in the prosecution of criminal cases.

    Justice Sophia Akuffo explained that plea bargaining can be applied in any criminal case unless there are specific laws prohibiting it.

    She highlighted that plea bargaining can even be used in murder cases, underscoring its broad applicability in the criminal justice system.

    Her comments come after Attorney General Godfred Yeboah Dame released plea bargain letters from Richard Jakpa, the third accused in the ongoing ambulance purchase case. Jakpa had alleged in court that the Attorney General tried to coerce him into falsely incriminating the first accused.

    However, the Attorney General countered Jakpa’s claims by revealing that Jakpa had actually sought plea bargains through multiple letters to drop all charges against him and the other accused.

    Justice Sophia Akuffo’s remarks serve as a staunch defense of the plea bargaining process, highlighting its importance and legality in criminal prosecutions.

  • Excerpt of Attorney General, Richard Jakpa leaked audio drops on Ato Forson Ambulance case

    Excerpt of Attorney General, Richard Jakpa leaked audio drops on Ato Forson Ambulance case

    Excerpts of the much talked about recorded audio which is rocking the ongoing legal battle between the Republic and Minority Leader Dr. Ato Forson has emerged with stunning details.

    Richard Jakpa, the third accused in the case, made explosive allegations against Attorney-General Godfred Dame. On Thursday, May 23, Jakpa claimed in court that Dame had repeatedly approached him, even at unconventional hours, to gather evidence against Dr. Forson.

    Jakpa declared, “The AG 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’ll open Pandora’s box. I don’t understand why the AG accuses me of defending A1 when I’m here to defend myself.”

    The evidence Jakpa refers to includes an audio recording of a meeting that purportedly took place a month ago involving himself, a Supreme Court judge, and the Attorney-General. According to credible sources, this meeting occurred at the judge’s house. The Supreme Court judge had invited Dame for a discussion, during which Jakpa was also present.

    Jakpa had initially tried to negotiate a plea bargain directly with the Attorney-General but failed. Subsequently, he sought the judge’s assistance to facilitate the negotiation. During the recorded meeting, Dame reportedly advised Jakpa to stick to the facts of the case in his testimony to secure a plea bargain. Dame emphasized that Jakpa should provide factual evidence showing that Dr. Forson’s actions caused financial loss to the state.

    However, Jakpa, who secretly recorded the meeting, expressed his unwillingness to incriminate Dr. Forson. In the recording, Jakpa is heard saying, “You want me to testify to incriminate the Honorable Minority Leader Dr. Forson? No, I can’t do that.” Dame responded by clarifying that he was not asking Jakpa to do anything illegal but merely to stick to the documented facts.

    Jakpa has since handed over the secret recording to members of the opposition National Democratic Congress (NDC). According to sources within the NDC, there have been several meetings at a former Chief of Staff’s residence to discuss how to release the recording without incriminating Jakpa and the Supreme Court judge.

    Our source within the NDC also tells us that they have been series of meeting held at certain former chief of staff’s house on how to doctor and release the recorded audio without incriminating Mr Jakpa and the Supreme Court Judge.

    Meanwhile the Office of the Attorney-General and Ministry of Justice stated that the latest allegation is part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues

    “The Office of the Attorney-General and Ministry of Justice considers the latest allegation levelled against the Attorney-General as part of a grand scheme by the NDC to put more pressure on him to discontinue the prosecution or to divert attention from the real issues regarding the actions of the accused persons which have caused enormous financial loss to the State.

    “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 A-G 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.

    Source: MyInfo.com.gh

  • AG will not sue 3rd accused in ambulance case for defamation – Spokesperson

    AG will not sue 3rd accused in ambulance case for defamation – Spokesperson

    The Office of the Attorney General has decided not to pursue charges against individuals spreading false information about Attorney General Godfred Yeboah Dame in the ongoing ambulance case.

    Godfred Yeboah Dame has firmly denied allegations from individuals associated with the National Democratic Congress (NDC), who claimed he sought cooperation to secure a conviction against the first accused, Cassiel Ato Forson.

    In a statement released by Deputy Attorney General Alfred Tuah Yeboah on Thursday, May 23, the AG’s office clarified that it was actually the third accused, Richard Jakpa, who had suggested plea bargaining or negotiations through various letters, which the Attorney General did not accept.

    Furthermore, the Attorney-General has disclosed the existence of video evidence showing the first accused, Cassiel Ato Forson, approaching him to request the discontinuation of the prosecution.

    The Attorney-General’s Office and Ministry of Justice have interpreted these recent allegations against the Attorney General as part of a broader effort by the NDC to pressure him into halting the prosecution or to divert attention from the substantive issues related to the accused persons’ actions, which have resulted in significant financial losses to the state.

    In an interview with Asaase Radio on Friday, May 24, spokesperson Isaac Wilberforce Mensah emphasized that the Attorney General has chosen not to pursue defamation lawsuits in response to the allegations.

    “Defamatory suit, once again I would say now is not necessary. I mean these are political discussions and the first accused person or the first accused person has been charged with a criminal offence..”

    ” So if the defence in this case is that the Attorney General had negotiations with the third accused person, if that’s the defence then it will be a bit difficult in court for the defence I should say,” he said.

  • Chief Justice has the right to make changes on Opuni’s appeal panel – AG

    Chief Justice has the right to make changes on Opuni’s appeal panel – AG

    Office of the Attorney-General (AG) and Ministry of Justice has refuted claims that the Chief Justice violated Article 157(3) of the 1992 Constitution in her alterations to the panel overseeing the appeal of former Chief Executive of the Ghana Cocoa Board, Dr. Stephen Kwabena Opuni.

    In a press release issued on Tuesday, May 14, the AG’s office dismissed these reports as fabricated attempts to undermine confidence in the judiciary, emphasising the importance of rejecting such falsehoods.

    Citing a publication in the Herald newspaper and remarks made by legal practitioner Kweku Asare, the AG’s statement affirmed the Chief Justice’s authority to assemble a panel for any case within any court.

    The AG clarified that the Chief Justice’s actions during Opuni’s May 8 appeal hearing were lawful and justified.

    “For the purpose of educating the public, the A-G states that no party to proceedings in court has a right to insist on a particular court or panel of a court to hear his or her case. In accordance with the Constitution and the Courts Act, 1993 (Act 459), the Chief Justice determines the composition of every court for the hearing of any matter.

    “The Chief Justice is a member of every court in the country and has the power to request in writing a Justice of any of the Superior Courts of Judicature to sit on either the Court of Appeal or the High Court at any time.

    Further, consistent with article 128(3) of the Constitution, the Chief Justice presides at sittings of the Supreme Court, and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside.”

    The statement added that it has learned with grave concern the attempts by some media houses aligned to Dr. Opuni and their attempts to distort proceedings and facts relating to the case

    “The A-G notes the persistent attempts by some media houses aligned to Dr Opuni to distort the effect of court proceedings relating to the prosecution of the former Chief Executive Officer of the Ghana Cocoa Board.

    These publications, many a time, are a gross misrepresentation of the evidence led at the trial, intended to ridicule the case of the prosecution and create false impressions about the soundness of the defence put up by Dr Opuni at his trial.

    “The A-G observes that most of the publications on the “Opuni case,” orchestrated by the accused persons themselves, transgress the limits of permissible speech as they are calculated at perverting the course of justice and/or prejudicing the fair hearing of that case.

    Nonetheless, the Republic remains focused against all the accused persons in the case mentioned above and will not be overawed in that process.”

  • GJA mounts pressure on AG to reveal investigative report on Ahmed Suale’s murder

    GJA mounts pressure on AG to reveal investigative report on Ahmed Suale’s murder

    President of the Ghana Journalists Association (GJA), Albert Kwabena Dwumfour, has urged the Attorney-General to disclose the investigative report on the murder of investigative journalist Ahmed Suale.

    The Attorney-General and Minister for Justice, Godfred Yeboah Dame, recently stated that no prosecutable docket has been submitted to his office regarding Suale’s murder, which occurred on January 16, 2019.

    The Minister explained that while the investigation is ongoing, four suspects initially detained were later released on police enquiry bail due to a lack of eyewitness identification.

    President Dwumfour criticized the Attorney-General’s reluctance to release the investigative report, especially after stating that the docket is not suitable for prosecution.

    He also expressed disappointment in the security agencies for what he perceives as a lack of seriousness in addressing attacks on journalists.

    President of the Ghana Journalists Association (GJA), Albert Kwabena Dwumfour

    The GJA continues to advocate for justice for Suale and other journalists who have faced violence or intimidation in the course of their work.

    “As we speak today, we still haven’t gotten anywhere with investigations. The Attorney-General will come out and tell you that he has still not received any docket fit for prosecution. If you have not received a docket fit for prosecution, why don’t you make the docket you have received known to the public? It means that there’s still a docket, if it’s not fit for prosecution, give us the state of the investigative report on the matter.

    “So that at least we can all go to sleep and say that this is what the police have gotten to. We are in this country where police officers were shot dead and in a matter of 24/48 hours, police have arrested [suspects]. Without any lead, they have been arrested and prosecuted, and some are on remand. So, that should tell you the unseriousness the security agencies or companies attach to the attacks on the media. This very real,” he pointed out.

    He also questioned the last time a politician was arrested for assaulting a journalist

    “When was the last time you heard that a politician or a preparator of an attack on the media has been placed behind bars? They don’t take issues concerning the media very seriously.”

    Suale was tragically killed by two unidentified individuals on a motorbike with a concealed license plate in Madina. His murder sparked outrage and raised concerns about press freedom and journalist safety in Ghana.

  • “I am heavily disappointed in the AG on how he managed Cecilia Dapaah’s case” – Domelevo

    “I am heavily disappointed in the AG on how he managed Cecilia Dapaah’s case” – Domelevo


    Former Auditor-General Daniel Yao Domelevo has expressed disappointment with Attorney General Godfred Dame regarding his handling of allegations against former Minister of Sanitation and Water Resources, Cecilia Dapaah.

    Domelevo believes that the Office of the Special Prosecutor (OSP) and the Economic and Organized Crime Office (EOCO), the institutions leading the investigations, should have provided the public with details about the probe to maintain credibility.

    He asserted that the AG, given his constitutional mandate, should have facilitated cooperation between these institutions and offered necessary support rather than making statements that could undermine the probe’s integrity.

    In an interview with JoyNews, monitored by GhanaWeb, Domelevo remarked that halting the case against the former sanitation minister could erode public confidence in state institutions.

    “My biggest disappointment comes from the Attorney General. By virtue of the constitutional mandate he has, more or less all these institutions fall under him. Instead of him writing a letter to say you didn’t get information from this person, so discontinue, I thought he should have called the OSP and called Madam Tiwa and said, ‘Look, guys, you are working in the public interest. What information do you need from OSP? What stops you from providing this information’

    “I don’t think the investigation done by OSP was paid for with money from their pockets. It was public funds, and they were doing the investigations in the public interest. So, whatever information is available to them that can aid EOCO in doing their work, I think they should have made that available. I don’t think the non-availability or the non-release of that information to EOCO should be grounds to say that because of that, we are discontinuing the case,” he said.

    Background:

    Cecilia Dapaah faces investigation by the OSP for corruption and corruption-related offenses following allegations that two of her house helps stole over $1 million, as well as €300,000 in cash and other valuables from her Abelemkpe residence.

    The OSP froze Dapaah’s accounts for a second time on September 5, 2023, after an Accra High Court initially directed the office to unfreeze her accounts and investments and return seized funds. This came after an earlier freeze order.

    GhanaWeb reported on August 9, 2023, that the OSP had frozen the assets and bank accounts of the former Minister of Sanitation and Water Resources, containing millions of dollars and cedis.

    On October 16, 2023, the OSP lifted the freeze on five of Dapaah’s bank accounts but maintained the freezing order on her other bank accounts and financial assets.

  • Cecilia Dapaah: Martin Kpebu flaws AG’s advice to EOCO as illegal

    Cecilia Dapaah: Martin Kpebu flaws AG’s advice to EOCO as illegal

    Private legal practitioner Martin Kpebu has rebuffed the Attorney General’s (AG) advice to cease the money laundering investigation into former Sanitation Minister Cecilia Dapaah.

    Kpebu argues that the AG’s guidance lacks legal foundation, describing it as “misleading and not legally supported.”

    He disputes the AG’s assertion that a predicate offence is necessary for prosecuting Dapaah, deeming it incorrect. The Attorney General’s office advised the Economic and Organised Crime Office to refrain from pursuing money laundering inquiries against Dapaah.

    This recommendation followed the Special Prosecutor’s Office’s determination that the discovery of over 1 million dollars at Dapaah’s residence fell outside its jurisdiction, suggesting instead that money laundering investigations be conducted.

    Speaking on Citi TV’s The Big Issue, Kpebu emphasised that Dapaah’s failure to account for her wealth justified the AG’s intervention. He urged the AG to retract its directive to EOCO.

    “The letter is a huge mistake, a faux pas. That was a wrong step because the letter is not grounded in law. The AG is insisting that you need a predicate offence before you can prosecute someone for money laundering; but that is not correct; it’s false. We have changed the law. There’s a new law for us in Ghana that says there’s no need for a predicate offence.

    “Cecilia Dapaah cannot explain her source of money; if you take her to court, she’s guilty. The Attorney General’s letter is so bad that it has to be withdrawn. The AG has to be humble, we all don’t know it all. If the AG has gotten it wrong, he should just accept his mistake. He cannot win every case,” he told host Selorm Adonoo.

    The Attorney General’s review also indicated no findings of corruption against Dapaah by the OSP.

    However, the Attorney General’s stance is that money laundering charges hinge on profits from illegal activities.

  • AG’s office claims probe into Cecilia Dapaah’s case hasn’t closed

    AG’s office claims probe into Cecilia Dapaah’s case hasn’t closed

    Spokesperson for the Attorney General’s Office, Isaac Wilberforce Mensah, has denied allegations suggesting that the office has terminated investigations into the scandal involving former Sanitation Minister Cecilia Abena Dapaah.

    This comes in response to the office advising the Economic and Organised Crime Office (EOCO) against initiating money laundering probes into the ex-minister’s activities.

    The Attorney General concluded that the request made by the Office of the Special Prosecutor (OSP) to EOCO for money laundering investigations lacked sufficient grounds regarding Cecilia Dapaah’s affairs.

    Consequently, John Dramani Mahama, the National Democratic Congress (NDC) flagbearer, has pledged to resume investigations into the aforementioned scandal if elected president.


    In a post on X on Wednesday, Mr. Mahama announced, “My government will reopen investigations into alleged acts of corruption and graft in the Cecelia Dapaah case.”


    However, during an interview with Citi FM on Thursday, May 2, Mr. Mensah clarified that the advice from the office did not indicate a cessation of investigations into the matter. He clarified that neither the Office of the Special Prosecutor nor the FBI had uncovered any wrongdoing.

    Mr. Mensah added that the Attorney General’s Office was actively pursuing the case and had not concluded its inquiry.

    The guidance provided by the Attorney General’s Office was rooted in the lack of evidence to substantiate the accusations of money laundering against Cecilia Dapaah.

    He underscored that the decisions made by the office were based on legal considerations and were not swayed by external influences.

    “Even most of the materials that the OSP relied on for its investigations were procured from the police or obtained from the Ghana Police Service. So how has the AG or the Office of the AG, by this letter, closed investigations? It is thus certainly not what the materials letter sought to suggest,” he said.

  • Don’t seize vehicles over minor road offences – AG charges police

    Don’t seize vehicles over minor road offences – AG charges police

    Office of the Attorney General has asked the Ghana Police Service to stop impounding vehicles when drivers commit minor road offenses.

    A statement by the AG to the office of the Inspector General of Police (IGP), indicated that it has received incessant complaints from the public including legal practitioners, and senior officials, about the tendencies of police officers to impound or prohibit the use of their vehicles for minor offences under the Road Traffic Regulations 2012 (L.I. 2180).

    Referencing this regulation, the Attorney General and Minister of Justice, Godfred Yeboah Dame, argued that the law prescribes penalties for minor offenders, including the payment of fines or serving a jail term.

    As such the impounding of the vehicles does not necessarily prove a violation of any of the rules as stated in Regulations 158 or L.I. 2180.

    The Attorney General’s Office has urged the Ghana Police Service to refrain from seizing vehicles for minor traffic violations. In a statement addressed to the Inspector General of Police (IGP), the AG’s Office noted receiving numerous complaints from the public, legal professionals, and senior officials regarding the practice of impounding vehicles for minor infractions under the Road Traffic Regulations 2012(L.I. 2180).

    Citing Regulation 158 of L.I. 2180, Attorney General Godfred Yeboah Dame argued that the law stipulates penalties for minor offenses, such as fines or imprisonment.

    Therefore, impounding vehicles for such violations does not necessarily constitute a breach of the regulations.

    “Thus, a position that the vehicle is required to be ‘used as an exhibit’ in court is untenable and unreasonable.

    “As Attorney General and the principal legal advisor to the government, I advise that police officers should desist from impounding or prohibition of the use of a motor vehicle for minor offences such as an alleged violation of any of the rules of the road contained in Regulation 106, and other provision pertaining crossing the red light or driving a vehicle without a valid insurance certificate, etc.,” part of the statement read.

    Read statement below :

    RE: IMPOUNDING OF OR PROHIBITION OF THE USE OF MOTOR VEHICLES FOR MINOR VIOLATIONS OF ROAD TRAFFIC REGULATIONS

    I wish your good self and the Ghana Police Service a Happy New Year.

    The Office of the Attorney-General and Ministry of Justice has received incessant complaints from members of the public, including lawyers and senior public officials about the tendency of officers of the Ghana Police Service to impound or prohibit the use of motor vehicles deemed to have violated provisions of the Road Traffic Regulations 2012 (L. I. 2180).

    The provisions of L. I. 2180 under which police officers regularly exercise the discretion to impound vehicles, relate to alleged violations of the “Rules of the road” contained in Regulation 106. and other provisions pertaining to crossing the red light or driving a vehicle without a valid insurance certificate.

    A reason often advanced by police officers for impounding a vehicle is the necessity to “use the vehicle as an exhibit” in court proceedings. Whilst noting the mandate of personnel of the Ghana Police Service, we observe that relevant provisions of Regulation 158 of L. I. 2180 which govern the power to inspect, impound and prohibit the use of motor vehicles stipulate as follows:

    “158(1) An examiner, an authorised vehicle inspector appointed by the Licensing Authority or a police officer may inspect a motor vehicle or a trailer to ascertain whether the provisions of the Act or a regulation made or permit issued under the Act are being complied with.

    (2) In the event of non-compliance, an examiner authorised by the Licensing Authority or a police officer not below the rank of inspector may by order in writing prohibit the further use of the motor vehicle or the trailer until the provision has been complied with.

    (5) Where a motor vehicle or trailer is found parked on a road, a police officer may impound the motor vehicle or trailer or cause it to be taken to a police station or place of safety and be detained there until the owner of the motor vehicle or trailer and the person driving the motor vehicle or responsible for the trailer can be identified and dealt with as provided for under these Regulations.

    (7) A person who contravenes this regulation commits an offence and is liable on summary conviction to a fine of not less than twenty-five penalty units and not more than fifty penalty units or to a term of imprisonment of not more than three months or to both.”

    A careful examination of L. I. 2180 will disclose that the violations, for which police officers regularly impound vehicles, including Regulation 106 (Rules of the road) and other provisions relating to ignoring red light and driving without a valid insurance, are misdemeanours. This is easily discernible from the prescribed punishment of a maximum of fifty penalty units, or a term of imprisonment of not more than three months or to both. By virtue of section 1 of the Criminal Offences Act, 1960 (Act 29). a “misdemeanour” is construed in accordance with section 296 of the Criminal and other Offences (Procedure) Act, 1960 (Act 30). Section 296(4) of Act 30 stipulates as follows:

    “Where a criminal offence which is not an offence mentioned in subsection (5), is declared by an enactment to be a misdemeanour and the punishment for that offence is not specified, a person convicted of that offence is liable to a term of imprisonment not exceeding three years.” It is thus beyond doubt that the violations the subject matter of this letter are misdemeanours.

    An application of the road traffic regulations, particularly Regulation 158 requires fairness, candour and reasonableness. The impounding of a vehicle is not necessary for proof of a violation of any of the rules contained in Regulation 158 or indeed, most of the provisions in L. I. 2180. Thus, a position that the vehicle is required to be “used as an exhibit” in court is untenable and unreasonable.

    As Attorney-General and the principal legal adviser to the Government, I advise that police officers should desist from the impounding or prohibition of the use of a motor vehicle for minor offences such as an alleged violation of any of the rules of the road contained in Regulation 106, and other provisions pertaining to crossing the red light or driving a vehicle without a valid insurance certificate. etc.

    An unreasonable exercise of discretion or a failure to adhere to the advice herein has the tendency to result in unnecessary suits against the Government, occasioning needless expense and potentially avoidable judgment debts. The Office of the Attorney-General is already inundated with many suits arising from wrongful exercise of discretion and negligence by police officers. Further, it ought to be noted that responsibility for maintaining the condition of an impounded vehicle shifts from the owner of the vehicle to the State. Impounded vehicles are exposed to the risks of deterioration and theft of essential parts.

    Accept the assurances of my highest esteem.

    GODFRED YEBOAH DAME

    THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

  • AG warns Franklin Cudjoe against spreading falsehoods

    AG warns Franklin Cudjoe against spreading falsehoods


    The Attorney-General’s Department has issued a warning to the President of IMANI Africa, advising against the dissemination of misinformation regarding the Attorney General and Minister for Justice, Godfred Dame.

    This caution comes in response to Franklin Cudjoe’s call for an apology from the Attorney General to the residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL), alleging a failure to pursue justice for them and defending the state’s actions in the 2020 general elections, which resulted in their disenfranchisement.

    Furthermore, Mr. Cudjoe has accused Godfred Dame of exhibiting political bias and displaying poor judgment in legal matters, advocating for legal counsel that is less influenced by politics and more focused on prudence.

    “The Attorney-General is also a disappointment; very disappointing, this Attorney-General has been legendary when it comes to giving very bad advice. When it comes to important issues that matter, especially when certain persons are involved. He’s been too political, and it’s not healthy for a state like Ghana. Look at SALL, Assin North MP, Gyakye Quayson, the way he’s treating Ato Forson [Minority Leader] in court.

    “My problem with the Attorney-General is that he should have taken the position the Finance Minister took in advising legally that, ‘Mr President the way things are going I think sitting together with the other party is very important to deal with this matter’. But he took a Machiavellian position in trying to say his hands are stayed,” he said on Citi TV’s Big Issue.

    In a statement signed by the spokesperson of the Attorney-General, Isaac Wilberforce Mensah, the Office expressed strong disapproval of the remarks made by the President of IMANI Africa.

    The statement cited numerous instances where Mr. Cudjoe has inaccurately portrayed Mr. Dame, despite previous corrections and warnings issued by the Office.

    However, on the same day after issuing an apology, the President of IMANI Africa reportedly made another unsubstantiated claim. He demanded that Mr. Dame apologize for what he termed as a “dereliction of duty” in seeking justice for the 30,000 citizens of SALL.

    The statement highlighted that using terms like “dereliction of duty” implies the existence of a duty, which, in this case, is not within the Attorney-General’s purview. The duties of the Attorney-General are primarily outlined in Article 88 of the 1992 Constitution and include initiating and conducting criminal and civil cases on behalf of the State. Electoral matters and constituency creation are not part of the Attorney-General’s responsibilities.

    “The Constitution places the mandate squarely and absolutely on the doorstep of the Electoral Commision. In fact Article 46 states clearly that “Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority,” the statement clarified.

    As such, the Office is asking Mr Cudjoe to apologise and retract some comments.

    “Franklin Cudjoe, IMANI, lied, lies, and continues to lie and spread falsehoods about the learned Attorney-General and any further derogatory claim by him in respect of the Attorney-General should be treated with the contempt it deserves.

    “It’s for his own sake and the sake of the institution that he represents that I am advising him to stop peddling falsehoods, retract, apologize, and desist from these actions that show a sheer lack of basic research,” the release stressed.

    Read the full statement below:

    I think Franklin Cudjoe is just embarrassing himself all over. He has dirtied himself with lies and when he is called out on his lies against the Attorney-General, he renders an apology and like a recalcitrant child, he tries to attack again from another angle which also proves to be further falsehood.

    It appears to me the think tank is not thinking, but continues to woefully tank.

    On Saturday morning he posted that the AG has been legendary in giving illiberal and politically divisive advice on the SALL, Domelevo, Charlotte Osei, James Quayson, Martin Amidu, and Ato Forson.
    As spokesperson, I called him out on the lies because that was exactly what they were – lies.
    I challenged him to produce any such advice since one, it is not true that the AG advised on any of the matters that he listed, and two, Honourable Godfred Yeboah Dame was not even the Attorney-General at the time all those issues occured, except for Ato Forson and James Gyakye Quayson who are currently being prosecuted for crimes which the Attorney-General believes they have committed.

    In the case of Dormelovo (2019/2020)
    Charlotte Osei (2017/2018)
    Martin Amidu (2020)
    SALL (2020 Elections), Mr Godfred Yeboah Dame was NOT the Attorney-General at the time.

    In any event, no advice was given by the Attorney-General at that time, Gloria Afua Akuffo, on any of the issues.

    After being called out on the lies, he issues an apology in the afternoon of the same day and in the evening throws out another vacuous claim that the A-G should apologize for his “dereliction of duty” in seeking justice for the 30,000 citizens of SALL that were callously prevented from the last Parliamentary elections.

    To use words like “dereliction of duty” means first there must be a duty. Of course with a penchant for attacking without any sound basis and an eagerness to do so it is understandable that Franklin Cudjoe would forget or ignore to do some basic research. The duties of the Attorney-General are primarily provided for in Article 88 of the 1992 Constitution and they include initiation and conduct of criminal and civil cases on behalf of the State, etc. Matters related to election and creation of constituencies are not a “duty” of the A-G. The Constitution places the mandate squarely and absolutely on the doorstep of the Electoral Commision. In fact Article 46 states clearly that “Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority.”

    It can only be for mischief that a CEO of a Think tank Imani was unable to either read or grasp this basic legal framework. The A-G has on two occasions expressed his opinion in Parliament, one in July 2021 and in November 2023 where he disagreed with the position of the EC and proposed two solutions that would allow the people within the SALL area to vote especially as part of Buem.

    Franklin Cudjoe, IMANI, lied, lies, and continues to lie and spread falsehoods about the learned Attorney-General and any further derogatory claim by him in respect of the Attorney-General should be treated with the contempt it deserves. It’s for his own sake and the sake of the institution that he represents that I at this point advising him to stop peddling falsehoods, retract, apologize, and desist from these actions that show a sheer lack of basic research.

    The Attorney-General is indeed legendary in that not many Attorneys-General can say with concrete proof that they have saved the state the amount of money this A-G has, and instituted far-reaching reforms of the law in Ghana. Monies of
    Brobdingnagian proportions.

    Signed, Isaac Wilberforce Mensah (spokesperson)

    Background

    It would be recalled that the Electoral Commission (EC) through a release issued on the eve of the 2020 elections, caused the exclusion of SALL to vote and elect a Member of Parliament.

    Although voters in the SALL traditional areas were allowed to vote in the Buem Constituency for the presidential election, they were directed by the EC not to participate in the parliamentary elections.

    Some residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL) dragged then Hohoe MP-elect John Peter Amewu and the EC to the High Court.

    They contended that by not being allowed to vote in the December 2020 parliamentary elections, their rights have been breached.

    They secured a 10-day injunction against the gazetting of John Peter Amewu as the winner of the polls.

    However, the then Deputy Attorney-General, Godfred Yeboah Dame, who is currently the country’s Attorney-General filed an application at the Supreme Court urging it to restrain the Ho High Court from hearing the matter.

    He maintained that SALL residents do not have voting rights in Hohoe since the Supreme Court has already ruled that the area falls within the Oti region.

    The Supreme Court ruled that the alleged breach of the rights of SALL residents was not caused by Mr. Amewu who just put himself up for elections.

    Therefore, any move to question his election ought to be challenged through an election petition and not a human rights action at the High Court.

    This did not sit well with the SALL residents who filed for a review insisting the original panel commuted errors of law.

    But the Supreme Court later affirmed its earlier decision that the Ho High Court erred when it granted an injunction against the gazetting of John Peter Amewu as Hohoe MP-elect.

    Meanwhile in October 2023, the Director of Electoral Services at the Electoral Commission (EC), Dr. Serebour Quaicoe, revealed a Constitutional Instrument (C.I) is before parliament for the establishment of the Guan constituency.

    The constituency captures the Santrokofi, Akpafu, Lipke and Lolobi (SALL) Traditional Areas that were unable to vote for a parliamentary representation in 2020.

    Speaking on PM Express, Dr Quaicoe said that although the Guan district assembly was established in November 2020 there was not enough time for the EC to place the C.I before parliament prior to the general elections in December.

    Due to this, the constituency was unable to come into full force, leaving the people without a parliamentary vote and subsequently representation, he noted.

  • AG urged to challenge Speaker’s ruling on interlocutory injunction

    AG urged to challenge Speaker’s ruling on interlocutory injunction

    Counsel for South Dayi MP, Nii Kpakpo Samoa Addo, has suggested that Attorney-General Godfred Yeboah Dame challenge the Speaker of Parliament’s ruling if he disagrees with the interpretation of an interlocutory injunction.

    Speaker Alban Bagbin suspended the consideration of ministerial appointees on March 20, citing an interlocutory injunction filed by MP Rockson-Nelson Dafeamekpor.

    However, the Attorney-General disagreed, stating that Parliament was not restrained from vetting and approving ministerial nominees.

    Mr. Dame communicated his concerns to the Speaker but was advised by the MP’s lawyer to seek judicial clarification rather than just expressing his opinion.

    The lawyer emphasized the importance of obtaining a proper interpretation from the court, speaking on JoyFM’s Top Story on March 21.

    “If the Speaker has made a ruling and you disagree with the ruling, what do you do? You can take it to court. That the Speaker made a ruling based on what ‘I consider to be an erroneous interpretation of a process that he has received.’ There is nothing preventing the Attorney-General from suing the Speaker or anybody else from suing the Speaker and saying that ‘Mr Speaker you received a writ on this day , the writ had an injunctive relief on it, so in our opinion, nothing stops you from proceeding even though you have received that writ. That is how you challenge a Speaker’s ruling.

    “Challenge the Speaker’s ruling in court but if you write an opinion to the Speaker; well that is his right. I don’t know what the Speaker will do with that opinion,” he said.

    Mr. Addo contended that the Speaker, a seasoned attorney, may have put a hold on the ministerial appointees’ approval in order to avoid being found in contempt of court.

    “If being a party to the suit in the Supreme Court decided that based upon his receipt of a writ that had an injunctive relief on it, he was refraining himself from conducting himself in a manner that will be potentially infringing on the relief that the person was going to seek and potentially could put him in a contempt situation, what is wrong with that?” he quizzed.

  • IMANI, Prof Aning sue AG over growing appointments of heads of uniformed security services

    IMANI, Prof Aning sue AG over growing appointments of heads of uniformed security services

    IMANI Centre for Policy and Education has taken legal action against the Attorney General and Ministry of Justice over concerns about the appointments of heads of various uniformed security agencies to the Supreme Court.

    Their concern stems from a pattern where incoming governments force the termination of these heads’ appointments, sometimes before they reach the statutory retirement age.

    Director of Academic Affairs and Research at the Kofi Annan International Peacekeeping Training Centre,  Professor Kwesi Aning, in partnership  with the plaintiffs, has filed a lawsuit requesting the Supreme Court to declare that, according to Articles 200, 202(1), 202(2), 202(3), 205, 207(1), 207(2), 207(3), 190(1), 191,196, 199, and 269 of the 1992 Constitution of Ghana, the President does not have the authority to remove heads of these agencies unless there is proven misconduct or misbehaviour.

    These offices included those of the Chief Fire Officer of the Fire Service, Inspector General of Police, Director General of the Prisons Service and Comptroller General of Immigration Service.

    Again, the two are seeking a declaration that …”The President of the Republic of Ghana, upon assumption of office, does not have the power to make a fresh appointment to the office of the Chief Fire Officer of the Fire Service; Inspector General of Police; Director General of Prisons Service and Comptroller General of the Immigration Service unless the immediate holder of the office is deceased…..”.

    They are also seeking relief, asserting that the appointment of heads of uniformed security services by a newly elected and inaugurated president is unconstitutional.

    Further elaborating on their argument, they pointed out alarming trends where incoming governments force the termination of these appointments, disregarding the constitutional rights of the appointees.

    “In some cases, these removals occur before the individual occupants of the office reach the statutory retirement age.

    “For instance, in 2017, the then Director-General of the Prisons Service, Mr. Emmanuel Yao Adzator, was asked to proceed on leave at the age of 54 and subsequently another was appointed in his stead,” part of the writ dated March 11, 2024.

    Consequently, they are requesting a consequential order that would bar the President of the Republic from dismissing the appointment of those holding the positions of Chief Fire Officer of the Fire Service, Inspector General of Police, Director-General of Prisons Service, and Comptroller General of Immigration Service, unless there is clear and documented evidence of misconduct or misbehaviour against these individuals, or in the event of their retirement, resignation, death, or incapacity to perform the duties of the position due to physical or mental illness.

  • A court awarded GHC1.273bn to a company that deserved GHC14,000? – Bright Simons quizzes AG

    A court awarded GHC1.273bn to a company that deserved GHC14,000? – Bright Simons quizzes AG

    Vice president for Imani Africa, Bright Simons, has expressed shock at a report from the Attorney General’s (AG) office alleging that a court awarded a whopping 1.273 billion Ghana Cedis to a company that should have received 14,000 Ghana Cedis.

    Taking to the X platform Mr Simons shared an image purportedly from the AG indicates that in December 2011, the High Court ruled in favor of NDK Financial Services Ltd, compelling the State to pay a specified sum along with an interest rate of 6.5% per month, calculated daily.

    It added that the interest accrued from January 7, 2009, until the final payment, despite the State paying GHC79,000,000 by 2020, the judgment debt had soared to GHC1,273,000,000.

    “ SUIT No. J4/23/2014 NDK Financial Services Ltd Vrs. Ahamaan Enterprises & The Attorney-GeneralOn 21st December, 2011, the High Court granted judgment against the State for payment of sums claimed by plaintiff together with interest at the rate of 6.5% per month calculated at the close of each day and payable at the end of every month from 7th January, 2009 up to date of final payment.

    “By 2020, the judgment debt had increased GHC1,273,000,000.00, even after the State had already paid GHC79,000,000.“Pursuant to an application by the A-G for an order that the judgment debt was unconscionable and that the amount paid by the State should be considered to be full satisfaction of the judgment debt, the Supreme Court in July, 2021, held that the amount outstanding to be paid was only GHC14,000,” it added.

    “c. Suit No. RPC/345/2007 – African Automobile Ltd Vrs. Ministry of Employment & Manpower Development & The Attorney-GeneralOn 31st July, 2009, the High Court granted judgment in favour of the plaintiff and awarded simple interest on the sum claimed. On 24th February, 2011, the Court of Appeal awarded interest at the rate of 10% compounded monthly on the sum claimed.

    Following an application by the Attorney-General (A-G), the Supreme Court, in July 2021, determined that only GHC14,000 remained outstanding.

    On the other hand, the High Court, on July 31, 2009, granted judgment in favor of African Automobile Ltd, awarding simple interest on the claimed sum.

    The Court of Appeal, on February 24, 2011, later increased the interest rate to 10%, compounded monthly.In April 2021, the High Court issued a garnishee nisi order for GHC10,331,841,859,411.20.

    A subsequent challenge by the Attorney-General led to a revision of the claim to GHC3,615,826,184,388.24, confirmed by the High Court.

    Dissatisfied with this outcome, the A-G initiated a new action on June 19, 2023 (SUIT No. GJ/0956/23), seeking to set aside the entire judgment against the State.

    The A-G argued that the legitimate claim by the plaintiff is only GHC28,000, already paid.

    “On 26th April, 2021, the High Court granted an order for garnishee nisi in the sum of GHC10,331,841,859,411.20 in favour of the plaintiff.A challenge of the order for garnishee nisi by the Attorney- General led to the plaintiff drastically revising its claim to GHC3,615,826,184,388.24 which the High Court confirmed.

    “Dissatisfied, the A-G on 19th June, 2023, instituted a fresh action against the judgment creditor to set aside the entire judgment against the State – SUIT No. GJ/0956/23.It is the contention of the A-G that the plaintiff’s legitimate claim was in the sum of GHC28,000 which has been paid,” it added.

  • Ensure Woyome pays what he owes to the state – Martin Kpebu to AG

    Ensure Woyome pays what he owes to the state – Martin Kpebu to AG

    Private legal practitioner Martin Kpebu has raised concerns about businessman Alfred Agbesi Woyome’s threats to sue the General Legal Council (GLC) over the disbarment of legal practitioner Samuel Nerquaye-Tetteh.

    Woyome’s threat came after the GLC took action against Nerquaye-Tetteh for professional misconduct.

    Mr Kpebu has highlighted Woyome’s willingness to invest in legal action, indicating substantial resources. He suggests that the government should reciprocate by pursuing the payment of outstanding debts owed to the state.

    Alfred Agbesi Woyome, a businessman

    Speaking to Citi News, Kpebu emphasized the need for the Attorney General to take steps to compel Woyome to settle the debts owed to the state.

    “Once you find Woyome willing to extend resources to Nerquaye-Tetteh, the immediate point that jumps at me is that, where is the balance of the money that Woyome owes to the state? It is our money—money that we badly need to eliminate the myriad of social problems—that we have to demand that Woyome return every Cedi. Now that Woyome has money to pay lawyers to court to support Nerquaye-Tetteh, this should be the time that the Attorney General should also go after him to return the monies, and since he has money with him, he should be willing to pay.”

    Background

    A Chief State Attorney at the Office of the Attorney-General, Samuel Nerquaye-Tetteh, has been disbarred as a lawyer by the General Legal Council (GLC) for collecting GH¢400,000 from businessman Alfred Agbesi Woyome in 2011.

    Mr. Nerquaye-Tetteh has been disbarred, meaning he can no longer practice as a lawyer in Ghana. The Disciplinary Committee of the GLC, the regulatory body of the legal profession, found him guilty of professional misconduct under Rule 2(2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (L.I. 613).

    In a notice dated January 31, 2024, the GLC stated that while defending the state against a suit by Woyome in 2011, Mr. Nerquaye-Tetteh personally caused the direct transfer of an amount of GH¢400,000 from Mr. Woyome to the bank account of his wife.

    The GLC further stated that Mr. Nerquaye-Tetteh could not offer any reasonable explanation for the said transfer of the GH¢400,000 into his wife’s bank account from Mr. Woyome.

    According to the GLC, the conduct of Mr Nerquaye-Tetteh had adversely affected “the “dignity and high standing of the legal profession.”

  • Fisheries Commission paid GHS695,441 to Gumah and Sons Limited for no work done – Auditor-General report

    Fisheries Commission paid GHS695,441 to Gumah and Sons Limited for no work done – Auditor-General report

    A report dated December 31, 2022, from the Auditor General’s (AG) Office has exposed irregularities involving a contracting firm, Gumah & Sons, which received a payment exceeding GHS2.8 million, despite initially being awarded a GHS2.1 million contract by the Fisheries Commission.

    The unexplained over-payment, totaling almost GHS700,000, has raised concerns regarding financial oversight and accountability.

    “Contrary to Regulation 78 of the Public Financial Management Regulations, 2019 (L.I. 2378), our review of procurement documents disclosed that, the Fisheries Commission awarded a contract in the sum of GH¢2,133,995.48 to Gumah and Sons Limited for the supply of eight Pick-up vehicles. However, we noted during examination of payment vouchers that the Head of Finance paid the supplier a total amount of GH¢2,829,436.00 on 26 November 2021 and 26 April 2022 resulting in overpayment of GH¢695,440.52,” parts of the report read.

    During the examination, the AG noted that 111 payment vouchers, amounting to GH¢3,087,943.39 and disbursed between April 2021 and December 2022, were not presented for audit review.

    Consequently, the AG recommended that the Chief Director ensures the Executive Director initiates the recovery of the GH¢3,087,943.39 from the Head of Accounts.

    “We noted during our review that 111 payment vouchers used in disbursing GH¢3,087,943.39 between April 2021 and December 2022 were not presented for audit review.

    It added that due to the absence of these payment vouchers, the Chief Director to ensure that the Executive Director initiates the recovery of the GH¢3,087,943.39 from the Head of Accounts.

    It instructed that the amount should be promptly deposited into the AG’s Recoveries Account at the Bank of Ghana.

    Failure to comply with the directive, it stated, may result in the direct recovery of the amount from the Executive Director.

    “In the absence of the payment vouchers we recommended that the Chief Director should ensure that the Executive Director recovers the amount of GH¢3,087,943.39 from the Head of Accounts and pay same into the Auditor General’s Recoveries Account at Bank of Ghana, failing which the amount should be recovered from the Executive Director”, it added.

    Report_of_the_Auditor-General_on_the_Public_Accounts_of_Ghana_–_Ministries_Departments_and_other_Agencies_for_the_year_ended_31_December_2022Download
  • AG knew ACP Agordzo didn’t say anything, wasn’t involved in any coup – Martin Kpebu

    AG knew ACP Agordzo didn’t say anything, wasn’t involved in any coup – Martin Kpebu

    Martin Kpebu, the lawyer representing Assistant Commissioner of Police, Benjamin Agordzo, expressed his satisfaction with his client’s acquittal.

    Six individuals involved in an alleged coup plot have been convicted of conspiracy to commit high treason and committing high treason.

    However, ACP Benjamin Agordzo, Colonel Gameli, and another junior military officer, Corporal Seidu Abubakar, have been acquitted.

    During an interview on Joy FM’s Top Story on January 24, Mr. Kpebu criticized the state for subjecting ACP Agordzo to an unnecessary trial, labeling it a “frivolous case.”

    He asserted, “The Attorney General knows that he mounted a frivolous case against ACP Agordzo. From day 1, the Attorney General knew that Dr. Agordzo didn’t say anything or wasn’t involved in any coup. He was just educating a group that if you want to embark on a demonstration, this is the way to go – notify the police 5 days ahead of time … If you don’t, there are consequences.

    “So, ACP Agordzo just sought to educate them, and the Attorney General put together a very frivolous case in a way to gag police officers, other public officers because Akufo-Addo was misgoverning. The Attorney General has paid dearly and for the rest of his life, he will be haunted for that attempt to gag public officers.

    Kpebu argued that assembling such a needless case amounted to an assault on free speech, suggesting that the Attorney General would be haunted for attempting to silence public officers.

    In response, a lawyer on the defense team, Victor Kojogah Adawugu, announced intentions to appeal to the Supreme Court.

  • Ghanaian men are more likely to take bribes than women – A-G tells UN Conference

    Ghanaian men are more likely to take bribes than women – A-G tells UN Conference

    The Attorney-General and Minister for Justice, Godfred Yeboah Dame, participated in a high-level panel discussion at the 10th Session of the Conference of States Parties to the United Nations Convention against Corruption (COSP 10) in Atlanta, USA.

    During the discussion, Mr. Dame highlighted research findings indicating that women in Ghana are less susceptible to corruption than men.

    The Attorney-General advocated for the empowerment of women as a crucial tool in combating corruption.

    Under the topic “The Power of Gender Equality and Inclusion to Combat Corruption,” Mr. Dame presented insights from the first corruption survey in Ghana, conducted in 2021 by the Commission on Human Rights and Administrative Justice (CHRAJ) and the Ghana Statistical Service (GSS) with UNODC assistance.

    The survey, involving 15,000 respondents, revealed that women in Ghana are less prone to corruption, with male public officials being twice as likely to solicit bribes as their female counterparts. The survey indicated that men are three times more likely to accept bribes than women, even though corruption disproportionately affects women.

    Mr. Dame emphasized the positive impact of women’s empowerment on public institutions, efficiency, and corruption reduction.

    He cited examples within Ghana, including the representation of over 90% women among state attorneys in the Office of the Attorney-General and Ministry of Justice, contributing to efficiency and minimal corruption.

    He also highlighted instances where women heading public institutions, such as the Judiciary, led to increased efficiency and reduced corruption.

    The Attorney-General called for the promotion and advancement of women in all aspects of public life, emphasizing the direct correlation between gender equality and the fight against corruption.

    Drawing from Ghana’s experiences, Mr. Dame announced the nation’s co-sponsorship of a resolution on the gender dimensions of corruption at the UN Conference on Corruption in Atlanta.

    The resolution, aimed at addressing gender-related aspects of corruption, received support from the States parties to the UN Convention against Corruption during the conference.

    The panel discussion featured insights from various participants, sharing experiences and perspectives on gender equality’s role in combating corruption across different countries and continents.

  • Attorney General, OSP doing the same work; Kissi Agyebeng must go

    Attorney General, OSP doing the same work; Kissi Agyebeng must go

    The Progressive People’s Party (PPP) has advocated for the separation of the Office of the Attorney-General from the Ministry of Justice as a crucial step in the fight against corruption in the country.

    In a released statement, the PPP also proposed the transformation of the Office of the Special Prosecutor into the Office of the Attorney General, with the Minister serving as an advisor to the President.

    Expressing alignment with those supporting the PPP’s longstanding stance on the complete segregation of the roles of the Minister of Justice and the Attorney General, the party urged the separation of the two entities and the conversion of the Office of the Special Prosecutor into the Attorney General’s Office (AGO).

    “We are clearly in agreement with those echoing the PPP’s long-held position of a total separation of the Minister of Justice from the Attorney General. Attorney General for the people and the Minister of Justice as an advisor to the President. Hence, we ask for the separation of the two and convert the OSP to the Attorney General’s Office (AGO).

    “The powers of the OSP are unfortunately embedded in the Minister of Justice and Attorney General as per the OSP (Act 2017), Act 959 that created the Office. The OSP has been seeded some powers of the AG which is, in itself, problematic.”

    The PPP criticized the creation of the OSP as a mere fulfillment of a propaganda campaign, asserting that it was used to give the illusion of addressing corruption without substantial action.

    “The OSP has been used to fulfil a propaganda campaign message just to deceive Ghanaians into believing something is being done about corruption. This new Attorney General Office (AGO) must have a budget that is built on the percentage of the National Budget. Access to its funding must be enshrined in the constitution.”

  • Credibility of Torrentco shaky as AG fails to vouch for company in TOR partnership

    Credibility of Torrentco shaky as AG fails to vouch for company in TOR partnership

    The Office of the Attorney General and Ministry of Justice has stated its inability to affirm the credibility of Torrentco Asset Management Limited (TAML) as a suitable partner for the revival of Tema Oil Refinery (TOR).

    This follows Torrentco’s agreement with the TOR board to engage in a partnership that involves leasing a portion of TOR to Torrenco.

    In a letter addressed to the General Transport, Petroleum, and Chemical Workers Union of the Ghana Trades Union Congress, the Ministry expressed that the Due Diligence Report (DDR) has indicated that Torrentco lacks the financial and technical capacity required for the proposed transaction.

    “Based on the DDR submitted to our Office, our enquiries and the above observations our Office is not in the position to vouch for the credibility of TAML as a lessee in the Proposed Lease Transaction with TOR”.

    “From the DDR, TAML has no financial and technical capacity to undertake the proposed transaction”, it pointed out.

    The Attorney General’s Office further disclosed that TAML has no established affiliation with Vitol or with any other company, which has the needed funds and technical capacity to undertake the proposed lease transaction.

    According to the Office, without the needed support “TAML lacks the financial and technical capacity to undertake its obligation under the Proposed Lease Transaction”.

    It concluded that “TAML lacks the requisite licenses and documentations to undertake the proposed lease transaction, proceeding with the project will therefore be contrary to the law”.

    Attorney-General-Letter-TOR-15-Nov-2023Download
  • AG files fresh charges against Cecilia Daapah’s househelp, suspected accomplices in stolen cash case

    AG files fresh charges against Cecilia Daapah’s househelp, suspected accomplices in stolen cash case

    State prosecutors at the High Court have filed fresh charges against Patience Botwe, the former housemaid of former Minister for Sanitation, Cecilia Abena Dapaah, and seven other individuals.

    They are accused of stealing various sums of money, including $1 million, 300,000 euros, and other properties from the former minister’s home.

    Since July 6 of this year, they have been undergoing legal proceedings at the Circuit Court while investigations were ongoing.

    During a recent hearing, DSP Emmanuel Nyamekye, a police prosecutor, informed the court that a new charge sheet had been submitted to the High Court.

    He stated that once a hearing date is assigned, they will withdraw the case from the Circuit Court and continue with proceedings at the High Court.

    The case has been adjourned to November 8, 2023, to allow the Prosecution to withdraw the case from the Circuit Court. All accused persons were present in court, with the exception of the eighth accused, who remains at large.

    Patience Botwe and the other seven individuals are facing provisional charges of conspiracy, dishonestly receiving, and related offenses.

  • Galamsey: Go to the forests if you want evidence – Prof. Frimpong-Boateng to AG

    Galamsey: Go to the forests if you want evidence – Prof. Frimpong-Boateng to AG

    Former Environment Minister, Prof. Kwabena Frimpong-Boateng, has issued a response to the Attorney General’s Office, which had called for “concrete evidence” regarding the allegations made in his report concerning illegal mining activities in the country.

    Last week, the Attorney General’s office had stated that the allegations in Prof. Frimpong-Boateng’s report lacked substance and lacked the necessary evidence to prosecute the individuals named in it.

    However, in a swift retort, the former Minister emphasized that he had fulfilled his role as the Chairman of a Committee tasked with compiling a comprehensive report on the activities of illegal miners in the country.

    “What does he mean by hard evidence? I mean as somebody who has written a report what evidence do you expect from me apart from words, documents, videos, pictures?

    “I am not an investigative agent, that is not my job. I was a chairman of a committee and I wrote a report, so you [as an Attorney General] have to go round and see whether what I am saying is true or otherwise,” he said during an interview on Accra-based TV3.

    The former Environment Minister made a notable observation regarding the present state of illegal mining, known as “galamsey.”

    In his assessment, he pointed out that the issue of illegal mining has escalated, surpassing previous levels. He further mentioned that the Attorney General’s office should encounter no difficulties in gathering substantial evidence if they were to investigate the areas within the forests where these activities are taking place.

    “We have regional Ministers, DCEs, MPs, police personnel, Customs and Forestry Commission personnel scattered across Ghana, are they not seeing these things? If you go there, you’ll get your evidence.”

    Background

    Prof. Frimpong-Boateng provided a list of government officials who, according to him, obstructed his anti-illegal mining efforts during his tenure as the Environment Minister.

    In the document he submitted, the distinguished surgeon named specific individuals whom he alleges hindered both his personal efforts and the progress of the committee he led in combatting the issue commonly referred to as ‘galamsey.’

    “Throughout our struggle with illegalities in the small-scale mining sector, what baffled me was the total disregard of the President’s commitment to protecting the environment.

    “I can state without any equivocation that many party officials from the national to the unit committee level had their friends, PAs, agents, relatives, financiers, or relatives engaged in illegal mining. Most of them engaged Chinese working for them. 

    “I am not referring to party people who had their legitimate concession and were mining sustainably as they were instructed to do.

    “There are appointees in the Jubilee House that are doing or supporting illegal mining or interfering with the fight against the menace,” excerpts of the document said.

    Now, the Attorney-General’s advice, dated Tuesday, September 12, and conveyed to the Criminal Investigations Department of the Ghana Police Service on Thursday, September 14, and signed by Chief State Attorney Evelyn Keelson, states that it cannot recommend the prosecution of any of the individuals cited in the report.

    Consequently, the Attorney-General has instructed the police to release the individuals mentioned from any legal action, with the exception of those who are still under ongoing investigation.

    “The Attorney-General indicates that a careful study of the Report, the various documents and pen drives submitted to the Police did not disclose any evidence in support of the allegations made against the persons cited in the Report, with the exception of Seth Mantey, John Ofori Atta and Ekow Ewusi, in respect of whom the A-G instructs the Police to conclude their investigations and present a report to him.”

    “The A-G’s advice, however, notes that even though the Police diary of action shows that John Ofori Atta was invited by the police, there is no indication that he was interviewed or that a statement was taken from him. There is also no statement from Mr Ekow Ewusi on the docket. The A-G instructed the Police to wind up investigations on that issue and furnish him with a report on same.”

    Hence claims against the Information Minister, Kojo Oppong-Nkrumah, Charles Owusu, Charles Nii Teiko Tagoe, Reynolds Kwabi, a Director of Heritage Imperial Company Limited, Joseph Albert Quarm, Captain (rtd) Edmund Kojo Koda have not been proven.

  • UTV invasion: NMC lauds AG, Information Minister for prosecution of culprits

    UTV invasion: NMC lauds AG, Information Minister for prosecution of culprits

    The National Media Commission (NMC) has emphasized that the recent events surrounding the arrest and prosecution of NPP individuals who disrupted the studios of United Television (UTV) should establish a new benchmark for evaluating government actions in the future.

    The NMC specifically commended the role played by the Minister of Information, Kojo Oppong-Nkrumah, and the Attorney-General, Godfred Dame, in ensuring the apprehension and legal action against the NPP individuals involved.

    The NMC noted that, despite the fact that the instigators of the UTV incident were affiliated with their own political party, these officials chose to safeguard media freedom through their actions.

    The NMC sees their actions as groundbreaking and believes that they should serve as the prevailing standard for future actions and decisions.

    “There is novelty in the courage of a sitting Minister, a Member of Parliament and an active politician in reporting members of his own party to the police for invading a TV station. This must signify a new beginning towards addressing questions of the safety of journalists.

    “He and the Attorney-General and Minister for Justice had a choice. And they elected to exercise that in favour of media freedom. That behaviour sets a new standard by which government action must be judged into the future. We must hold the Ministers bound by this worthy precedent and define it as the standard by which we expect all future Ministers to act,” the NMC said in a statement.

    Additionally, the NMC highlighted that the swift pace of the trial stands as evidence of the Chief Justice and the judiciary’s dedication to preserving press freedom.

    The 16 culprits were each fined GHS2,400 by the court.

    “It is also important to acknowledge the police for arresting, investigating and prosecuting the offenders. Perhaps one positive aspect of the police action that requires to be highlighted is the responsiveness and professionalism of the commander of the Tesano Police and his team,” the NMC added.

    The commission stressed that the public outrage that followed the invasion “indicate to us the values Ghanaians cherish in our democratic space and the level of decency required of us all.”

    The commission acknowledged that although there have been reservations about the relatively lenient punishment handed down to the individuals involved by the court, it signifies a step in the right direction in the country’s efforts to combat political impunity against journalists and the media at large.

    “As a result, we call on all who care about the safety of journalists to see the conclusion of this case as the first step towards reversing impunity.  We believe our collective commitment to the Coordinated Mechanism on the Safety of Journalists will ultimately create a safer space for the practice of journalism in Ghana,” the NMC concluded.

  • Ato Essien slapped with 15-year jail term for failing to pay state GHC52m

    Ato Essien slapped with 15-year jail term for failing to pay state GHC52m

    Former Chief Executive Officer of the defunct Capital Bank, Ato Essien, has been sentenced to 15 years of imprisonment with hard labor.

    This ruling comes as a consequence of his failure to fully satisfy the GH¢90 million debt he had agreed to pay to the state, despite multiple opportunities provided to him.

    In May 2023, the court granted him a two-month window to make the initial payment of GH¢20 million out of the GH¢60 million he owed. Regrettably, Ato Essien was unable to meet this directive.

    Ato Essien had previously been convicted in December 2022, having reached an agreement with the state under section 35 of the Courts Act to avoid serving a custodial sentence.

    In lieu of imprisonment, he had been tasked with a GH¢90 million debt obligation by the court. This sum was agreed upon to be paid by the end of 2023, with an initial payment of GH¢30 million made in December 2022, and the remaining amount divided into three equal installments due in 2023.

    The first installment was expected to be paid by the end of April 2023, failure of which would result in a jail sentence. However, by the end of April, Ato Essien had only paid GH¢6 million of the GH¢20 million installment.

    The state subsequently filed an application requesting the court to impose a custodial sentence, as the terms of the agreement stipulated that a failure to adhere to the payment plan would lead to imprisonment.

    Upon request by Ato Essien’s legal team, Judge Justice Eric Kyei Baffour deferred the hearing of the application to impose a custodial sentence.

    Ato Essien’s lawyers argued that agreements had been made with a company for the liquidation of some of his properties to cover the debt. However, it was revealed that only an additional GH¢2 million had been paid, bringing the total of the first installment to GH¢8 million, with a remaining GH¢12 million.

    In summary, out of the GH¢90 million debt, Ato Essien had paid only GH¢38 million, leaving a balance of GH¢52 million unpaid.

    This led to his 15-year imprisonment with hard labor sentence.

  • Controller and Accountant General granting pension funds to 59 deceased pensioners – AG report

    Controller and Accountant General granting pension funds to 59 deceased pensioners – AG report

    In the 2022 Auditor-General’s report, both the Controller and Accountant General, along with his director of pensions unit, have been accused of persistently paying pensions to 59 deceased pensioners during the audit of public accounts of ministries, departments, and agencies.

    According to the report, these deceased pensioners passed away between 2013 and 2019, yet they have been receiving undeserved pension payments, amounting to a total of GH¢393,315.06 up to now.

    Surprisingly, these payments continued despite the existence of Regulation 92 in the Public Financial Management Regulations of 2019, which explicitly instructs the principal spending officer of a covered entity to promptly cease salary payments to public servants upon their death, conviction, dismissal, or when they go on leave without pay.

    The report highlighted that a review of pensioners’ files revealed that the Controller and Accountant General failed to halt payments to the 59 deceased pensioners in the FAAB system, leading to the disbursement of unearned pension funds amounting to GH¢393,315.06.

    Consequently, the Auditor-General made a recommendation that the Controller and Accountant General take necessary measures to ensure that the Director of Pensions Unit recovers the amount from the beneficiaries of the deceased pensioners.

    The report further stipulated that once recovered, the money should be deposited into the Auditor-General’s Recoveries Account at the Bank of Ghana. In the event that recovery from the beneficiaries does not materialize, the amount should be reclaimed from the Director of Pensions Unit.

    List of the 59 deceased pensioners receiving nonstop pension attached below

  • Police investigate bullying incident at Adisadel College

    Police investigate bullying incident at Adisadel College

    The police have launched an investigation into a bullying incident captured in a viral video at Adisadel College.

    The Office of the Attorney-General (AG) advised the police to consider possible prosecution after the issue gained public attention.

    The incident occurred at Quaque House dormitory and involved a taller student, identified as Bobby, bullying a fellow student, Kelvin Ofori.

    Bobby was seen strangling Kelvin, violently hitting his face against a bed, and leaving him with a swollen cheek.

    The school has taken interim measures, suspending both students involved and requiring them to write their final exams from home.

    The student who recorded the video will also face suspension, and those present but not reporting the incident will undergo internal punishment.

    Kelvin’s mother, Margaret Afari, has appealed for him to be allowed to stay in school to write the exams.

    The Ministry of Education and the Ghana Education Service are involved in further investigation and discussions with all parties.

    Human rights lawyer Martin Kpebu suggested exploring Alternative Dispute Resolution to handle the matter without affecting the bully’s right to education.

    Some teachers expressed concerns about the high number of students on the school premises, adding that housemasters were overburdened with their responsibilities.

    Witnesses to the incident explained their hesitation to intervene, citing fear of the bully’s quick temper.

    Junior students at Adisadel College shared their experiences of being harassed and bullied by rowdy seniors for money.

  • Attorney General approves sale of Vodafone Ghana to Telecel

    Attorney General approves sale of Vodafone Ghana to Telecel

    The Attorney General, after a thorough assessment has approved the sale of Vodafone Ghana to Telecel.

    The Finance Ministry had earlier written to the Attorney General with a request for a review of all relevant transaction documents on the transfer of 70 percent majority shares in Ghana Telecommunications Company Limited (Vodafone Ghana) held by Vodafone International Holdings B.V. to Telecel Group with a view to carrying out due diligence for the transaction and providing legal advice.

    Commenting on the details of the transactions after the review the Attorney General indicated that the documents provided met all the conditions per Section 98 of the Companies Act, 2019 (Act 992), Regulations 34 of the Regulations and Articles 14 & 15 of the Shareholders’ Agreement.

    In a letter cited by Citi Business News from the office of the Attorney-General and Ministry of Justice to the Minister of Finance on the deal, the AG advised that “the transaction may proceed…”

    This development was the final lap to complete the transfer of shares to be approved by the company’s board.

    With this concluded, insiders at Vodafone Ghana say the board will likely meet next week to approve the transaction.

    Last year, Vodafone Ghana applied to the NCA to transfer 70 percent of its majority shares to Telecel, but this did not pull through after it failed to meet regulatory requirements.

    The Authority earlier this year gave clearance but added that it was conditional on both sides making concessions and was issued in response to the assessment of the Telecel Group’s revised proposal.

    The statement added, “Following the NCA’s decision, the buyer resubmitted a revised financial and technical proposal in December 2022 which demonstrated the needed capital investment to extend the deployment of 4G and launch innovative Fintech solutions,” the statement read in part.

    “The NCA found that the revised proposal provided more clarity and certainty in terms of the funding required for the acquisition and commitments from both the Seller and buyer.

    In addition, the buyer has strengthened the overall governance and management team, and made firm commitments toward meeting the regulatory requirements of the NCA,” it further indicated.

    Based on this, the NCA determined that the Purchaser’s revised plan now satisfies regulatory requirements.

    As a result, it gave conditional approval for the transfer of shares to the buyer, subject to the filing of a staff retention strategy.

    But since news broke about the deal, there has been uneasy calm amongst the staff of Vodafone over their job security. Speaking in an exclusive interview with Citi Business News, Managing Partner at Telecel Group, Nicholas Bourg, stated that there was no cause for concern.

  • My responsibility is to provide the Auditor-General with legal counsel – AG to CDD-Ghana

    My responsibility is to provide the Auditor-General with legal counsel – AG to CDD-Ghana

    Attorney General, Godfred Yeboah Dame has refuted accusations that his counsel to the Auditor General interferes with the institution’s independence.

    Mr Dame had earlier urged the Auditor General to unpublish his audit findings into the use of Covid-19 funds.

    He pointed out the report ought not to be published till Parliament’s Public Accounts Committee probes the matter.

    Pressure group Occupy Ghana, the think tank Centre for Democratic Development (CDD) Ghana and the opposition NDC have all questioned the AG’s concern, describing it as contrary to law.

    Mr Dame argues his advice is consistent with law.

    Read the full statement below;

    RE: CDD-GHANA statement titled “The Akuffo Addo Government must cease its continuous assault on the Office of the Auditor-General”

    The attention of the Office of the Attorney-General and Ministry of Justice has been drawn to a press statement issued by the Ghana Center for Democratic Development (CDD-Ghana) dated February 10, 2023, and entitled “The Akuffo Addo (sic) Government must cease its continuous assault on the Office of the Auditor-General”. In the said press statement, CDD-Ghana takes issue with an opinion by the Attorney-General and Minister for Justice regarding the publication on the website of the Auditor Service of an audit into the Government’s Covid-19 transactions before the said audit report has been debated by Parliament and referred to an appropriate committee of Parliament in accordance with article 187(6) of the Constitution.

    In addition to various wrong propositions of law, CDD-Ghana characterises the opinion of the Attorney-General as part of “a domineering superior posture that the Akuffo-Addo (sic) administration has adopted in dealing with the constitutionally independent office of the Auditor-General”. CDD-Ghana perceives the Attorney-General’s letter as an effort to “undermine the independence of the office of the Auditor-General and other independent constitutional bodies”. Quite bizarrely and in tune with the fundamentally incorrect constitutional theories bandied about by CDD-Ghana, a Vice-chair of the Board of CDD-Ghana stated on a radio programme, “Newsfile” on Joy FM, that, the Auditor-General is not part of the Audit Service of Ghana but a separate creation.

    The Attorney-General considers it imperative to correct the palpable errors contained in and implied by the press release of CDD-Ghana, as same distort the relationship between the Attorney-General and the Auditor-General in the constitutional architecture of the Republic and have far-reaching implications for Ghana’s record in rooting out corruption.

    1. Contrary to the strange view of CDD-Ghana, the letter and spirit of laws governing the work of the Auditor-General make him part of the Audit Service of Ghana and, therefore, a regular member of the public services of Ghana to whom the Attorney-General can give advice pursuant to his mandate under article 88 of the Constitution. Article 189(2) of the Constitution provides a clue when it stipulates thus “The appointment of officers and other employees in the Audit Service, other than the Auditor-General, shall be made by the Audit Service Board, acting in consultation with the Public Services Commission”. This provision deals with the appointment of officers and all employees in the Audit Service, including the Auditor-General, and clearly provides that, with the exception of the Auditor-General, all have to be appointed by the Audit Service Board acting in consultation with the Public Services Commission. With the clear cue provided by Article 189(2), a contention that the Auditor-General is not part of the Audit Service or a member of the Public Services is pointless and absurd.

    2. Section 2 of the Audit Service Act, 2000 (Act 584) lays the issue to rest when it lists the Auditor-General as the first member of the Audit Service in these terms: “The members of the Audit Service are (a) the Auditor-General, and (b) the other persons employed in the Service.”

    It is thus clear that the propositions of CDD-Ghana and its board members can only result from an inadequate reading of the laws of Ghana, including the Constitution and the Audit Service Act.

    Can the Attorney-General advise a member of the Public Services of Ghana, including the Auditor-General?

    3. It is astonishing that CDD-Ghana disputes the propriety of the Attorney-General rendering legal advice to the Auditor-General, and construes same as “an interference with the independence of the Auditor-General”. A proper reading of the Constitution, especially the provisions on the Public Services of Ghana, leads to the inescapable conclusion that the Attorney-General is fully vested with the constitutional function of giving legal advice to all the Public Services specifically listed in article 190(1) of the Constitution, including the Audit Service, and such other public services as will be established by law. Article 295 indicates that the public services listed in article 190 and other public services established by Parliament pursuant to its legislative powers, are part of the civil offices of Government. In the face of the explicit constitutional mandate of the Attorney-General under article 88 of the Constitution as principal legal adviser to the Government, it is incomprehensible and rather illogical how an assertion may be made that the Attorney-General has no capacity to render legal advice to the Auditor-General. Such an assertion can only be as a result of a simplistic and limited view of relevant provisions of the Constitution of Ghana.

    Does rendering legal advice amount to interference with the independence of the Auditor-General?

    4. It ought to be pointed out that the functional independence of the Auditor-General under Article 187(7)(a) of the Constitution does not confer immunity from legal advice. Legal advice to a constitutional body cannot under any circumstance be construed to amount to interference with the performance of its constitutional functions. A view to the contrary implies that an “independent constitutional body” has absolute freedom to act in any manner it desires, except when a court of law has ordered, even when its legal adviser (whether public or private) is of the opinion that its actions are in conflict with the law. This sounds like absurdity and is the product of unbridled sensationalism.

    5. The imputation conveyed by the third paragraph of CDD-Ghana’s press release that Parliament has no power to deliberate on findings contained in the Auditor-General’s reports and that such an effort “offends the general principle of auditing”, does violence to the letter and spirit of Article 187(6) of the Constitution, which provides that “Parliament shall debate the report of the Auditor-General and appoint where necessary, in the public interest, a committee to deal with any matters arising from it”. Implicit in the constitutional duty of Parliament to debate the Auditor-General’s reports and appoint a committee to deal with any matters arising from it is the duty to deliberate and probe the reports. This constitutional function of Parliament cannot be wished away by a narrow, simplistic and erroneous reading of the Constitution by CDD-Ghana or any civil society organisation.

    6. The Office of the Attorney-General and Ministry of Justice implores civil society organisations to carefully examine the position of Ghana law on a relevant matter before raising unjustified public alarm over a violation by the Attorney-General or any public institution at all. The default in doing so affects the image of the nation in the eyes of the international community, particularly its anti-corruption ratings.   

  • Prosecutors await AG’s judgement on businessman who attempted to use daughter for rituals

    Prosecutors await AG’s judgement on businessman who attempted to use daughter for rituals

    In the case where Evans Oppong Kyekyeku is being held for allegedly using his daughter for money rituals, police prosecutors are still awaiting the Attorney General’s Office’s guidance on the next steps.

    The Businessman was arrested last year in June after he was exposed by the said spiritualist whom he had sent his 11-year-old daughter to be used for the sacrifice.

    He is on a provisional charge of Preparation to commit a crime to wit; Murder and his plea has been preserved.

    Evans Kyekyeku Oppong, has been granted bail by the High Court in Accra in the sum of GHc500k with two sureties.

    In addition to the bail sum, he was to produce two sureties both of whom are to be justified, conditions he has since met.

    Oppong, a machine operator, 47, was arrested on June 3 after he was exposed by the spiritualist whom he had visited to kill his 11-year-olf daughter.

    The duplicate case docket has since last year been forwarded to the AG’s office while the prosecutors await for it’s advice.

    EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the accused who has ever been present since granted bail on August 10, last year, is expected back in Court on Tuesday, January 10, 2023.

    Brief facts

    The brief facts of the case presented to the court by Chief Inspector Amoah were that, the Suspect Evans Kyekyeku Oppong aged 47 years is the father of the victim (name withheld)aged 11 years.

    He said, the suspect has been living in Holland for many years but relocated to Ghana a year ago (2021).

    The prosecutor told the court that, in May 2022, the suspect discussed with a friend known as Kwame that he was facing financial difficulties.

    Chief Inspector Amoah further told the court that, the friend suggested that the suspect will need a spiritual cleansing to turn things around for him.

    He added that the friend later introduced the suspect to one Nana Fosu alias Nana K.K to assist him to see a Spiritualist for help.

    He said on May 29, Nana Fosu took the suspect to Nana Adu-Boafo Jnr who is a Spiritualist and a Herbal Practitioner at Oyibi Kon for money rituals.

    Chief Inspector Amoah said, Nana Adu-Boafo Jnr agreed to do the money rituals for the suspect and directed him to buy a live python from someone in Kasoa to be used for the money rituals.

    “However, the suspect later informed the Spiritualist that he is afraid of snakes as such he will come to him for further discussions on what to do.

    “The suspect later had discussions with the Spiritualist during which the suspect suggested human sacrifice for the money rituals.

    “The Spiritualist feigned interest and told the suspect to furnish him with the date of births of his last two (2) children to enable him to determine which of them will be suitable for the sacrifice,” Chief Inspector Amoah told the court.

    Call to Police

    The prosecutor said, on May 31, the suspect rang the victim’s mother to confirm the day, the victim was born and told her that he will pick up the victim to be taken to a friend who had returned from abroad for measurement so that a dress will be sewn for her.

    “The suspect furnished the Spiritualist with the date of birth as requested. The Spiritualist then alerted the Oyibi Police about the intended human sacrifice by the suspect and the Police urged him to play along with the suspect so he could be arrested when he produces the child at the Herbal Centre for the said sacrifice,” he told the court.

    He added that the Spiritualist later informed the suspect that he had spiritually checked on the date of birth of the two children and that the victim will be suitable for the sacrifice.

    He said the Spiritualist instructed the suspect to bring the victim to his Herbal Centre on June 3, 2022.

    “In the morning of June 3, 2022, the suspect rang his elder brother to release his car to visit a Herbal Centre for treatment as a result of a car accident he had recently.

    He said, that morning around 8.00 am, the elder brother released the vehicle to his son to go and pick up the suspect to the herbal Centre and on their way to said Herbal Centre, they picked up the victim at Amasaman.

    Ghana must go bag

    “At a spot at Oyibi suspect asked the driver to wait for him and he took over the car. The suspect later stopped and bought three “Ghana must go” bags and two bottles of schnapps.

    “The suspect arrived at the Herbal Centre with the victim and she was instructed by the Spiritualist to sit in the Hall whilst the suspect was also instructed to change his clothing on the compound and was later given a white calico to tie around his waist.

    “The suspect was then given a concoction to bath and in the course of that the Spiritualist called in the Oyibi Police who came and arrested him and rescued the victim. The investigation is ongoing,” the prosecutor told the court.

    Source: Ghanaweb

  • I’m not afraid of the ‘powerful forces’ behind ‘galamsey’ – Lands Minister

    The Minister for Lands and Natural Resources, Samuel Abu Jinapor, has said he is not afraid to hold the so-called powerful people behind illegal small-scale mining, otherwise known as ‘galamsey’, accountable.

    According to him, the ongoing trial of alleged ‘galamsey’ kingpin, Aisha Huang, who many have said has connections in high places in government, is a testament to his resolve to curb the menace of illegal small-scale mining.

    Speaking in an Adom FM interview monitored by GhanaWeb, Jinapor added that the fact that the Attorney General and Minister for Justice, Godfred Dame, has taken over the case of Aisha Huang shows the seriousness of the government in the fight against ‘galamsey’.

    “With all the sincerity and condor that I can marshal out of my being, I’m totally blind to the so-called powerful people. Who are those powerful people?

    “Take for example, Aisha Huang. When her issue came up, what most people said was that nothing would happen to her, she would not be prosecuted because she is highly connected to the highest level, she has sex tapes and all that. In the end, we took her to court, and we slapped the most punitive charges against her.

    “We are prosecuting her in a very spirited manner. Those of you who understand the country’s laws know that for the Attorney General himself to be prosecuting this matter of Aisha Huang tells you the importance the government places on it,” he said in Twi.

    Samuel Abu Jinapor, who is also the Member of Parliament for Damongo, added that the AG has even secured a remand until the determination of the case of Aisha Huang, which means that the alleged ‘galamsey’ kingpin will be in the custody of the police until the court provides its judgement.

  • A-G advises gov’t to compensate Ejura shooting injured victims

    With family members of some injured persons in the Ejura shooting incidents agitating for compensation, it has emerged that the Attorney-General (AG) gave a piece of legal advice in July this year for compensation to be paid.

    In a letter cited by the Daily Graphic, the A-G, Godfred Yeboah Dame, advised the government to compensate three injured victims of the incident with about GH¢1.28 million.

    The three injured persons captured in the A-G’s advice for compensation are Louis Ayipka, 30; Nazif Nuhu, 20, and Awal Mesbawu, 16.

    Per the letter, the A-G advised that Ayikpa should be compensated with GH¢347,953, Nuhu should get GH¢192,425, and Mesbawu should be given GH¢678,519.

    Apart from the compensation, the A-G also advised the government to implement a recommendation by a Medical Board for the victims to be given medical and psychosocial care.

    The letter, dated July 12, this year was addressed to the Minister of Interior, Ambrose Dery.

    Family agitates

    Last Wednesday, the family of the three injured persons called on the government to pay them compensation as recommended by the Justice Koomson’s Committee.

    At a press conference in Accra, the family further urged the A-G to expedite action on the prosecution of those suspected to have killed Yussif and Suraj.

    According to the family, after submitting all the required medical documents needed to effect the payment, they had so far not received any acknowledgement indicating receipt of the documents.

    Report

    On June 29, last year, Abdul Nasir Yussif and Murtala Suraj Mohammed died from gunshots from joint police and military team during activities related to the burial of a social activist in the area, Ibrahim Muhammed, popularly known as Kaaka.

    Three other persons — Ayikpa, Nuhu and Mesbawu — got injured in the incident.

    A committee set up by the Minister for the Interior to investigate the matter submitted its report in September last year.

    The committee, chaired by a Justice of the Court of Appeal, Justice Kingsley Koomson, in its report, recommended that the families of the two young men who lost their lives in the shooting incident must be compensated.

    It further recommended that the three injured persons must also be compensated.

    While the government had since compensated the families of the two young men who lost their lives in the shooting incident, the injured persons are yet to be compensated.

    On what went into arriving at the compensation for each of the three persons, the A-G relied on certain factors used to award compensation in some case law.

    These were permanent physical disability or impairment, disruption of education, pain and suffering, loss of enjoyment of life, ongoing medical care needs, loss of future earnings, reimbursement of the cost of medical treatments, increase in living expenses among others. The A-G also factored in the national minimum wage and transportation cost, among other factors.

    Regarding the medical and psychosocial care, the A-G advised that all three should be given psychosocial support as recommended by the medical board.

    “In the case of Awal Mesbawu, the appropriate functional prosthesis should be provided to him to assist in mobilisation as recommended by the medical board,” the A-G said.