TIG Post

Tag: Attorney General

  • Widow of former NDC PC shocks Deputy Attorney General Kpemka

    The widow of the late National Democratic Congress (NDC) Parliamentary Candidate for Tempane Constituency in the Upper East Region, Madam Lydia Akanvariba Adakudugu has defeated the Deputy Attorney General Joseph Dindiok Kpemka.

    Hon Kpemka who was until Monday, December 7, 2020, the incumbent Member of Parliament (MP) for the area, polled 16,461 votes representing 44.01% as against 20,939; representing 55.99%.

    Madam Lydia Akanvariba Adakudugu in February this year replaced her husband Hon. David Adakudugu who died under mysterious circumstances after winning the primaries.

    Though pundits had written off the possibility of the woman beating the incumbent MP, she pulled the biggest surprise and snatched the seat for the NDC.

    Meanwhile in the presidential, the New Patriotic Party (NPP) got 14,013, NDC 20,660; NDP 251; GFP 250; PPP 198; GUM 173; IND. 156, PNC 130 and LPG got 107 votes respectively.

    The NDC is currently projecting that it has won 14 out of the 15 seats in parliament including; Bolgatanga Central, Bolgatanga East, Bawku Central, Bongo, Builsa North, Builsa South, Chana Paga, Garu, Nabdam, Tempane, Bongo, Talensi, Zebilla and Pusiga.

    Source: My News GH

  • Refer all contempt cases to the AG for prosecution Asare to Judges

    A US-based Ghanaian Professor Kwaku Asare has called for a change in the way and manner in which contempt cases are handled in Ghana.

    He said rather than judges summoning contemnors to appear before them the matter should be referred to the Attorney General (AG) for onward prosecution.

    His comments come after Member of Parliament for Assin Central Kennedy Agyapong has been charged with contempt after allegedly insulting and threatening a judge.

    He is expected to appear for the court on Monday September 14.

    Sharing his views on this matter, Professor Asare in a Facebook post said “The judiciary is an arm of government and is not immune to criticisms and accountability”.

    “This is not to say that judges should be insulted, threatened or otherwise abused for merely doing their work. There should be no room in our civic space for insulting anyone, let alone judges who are merely doing their work. Having said all that, I am also firm in my conviction that a person who is summoned by a court for insulting a judge meets the definition of an accused person as contemplated by the Constitution”.

    “As such, he is entitled to all the procedural protections afforded to accused persons by the Constitution”.

    “I cannot and have never supported any criminal process that allows the same person to serve as the investigator, prosecutor, witness and judge of such accused contemnors where the insults, threats and abuse occurred outside the court”.

    “Whether it is the election petition contemnors, Montie 3, and now Kennedy Agyepong, I find such a process to be inquisitorial, unfair and unconstitutional”.

    In my mind, the offended court or judge, in such instances, should refer the matter to the Attorney General for prosecution in a court other than the one abused.

    “It is, therefore, some progress that in the Kennedy Agyepong case, the contempt proceedings are being handled by Judge Wuntah Wuni even though the insults were directed at Judge Rockson (thanks to TheSammy Darko for drawing this to my attention). But ultimately we must get to the point where the full panoply of constitutional protections are available to the accused”.

    “For the avoidance of doubt, I am against the underlying insults, threats and abuse of judges or for that matter any human being. My plaint here is solely about the process by which justice is administered to these accused contemnors.”

    Source: 3 News

  • Attorney General rejects Ato Essien’s proposal to refund GHS27.5 m

    The Attorney-General (A-G) has rejected a proposal by William Ato Essien, founder of the defunct Capital Bank, who is standing trial for allegedly collapsing the bank, to refund GH¢27.5 million to the state.

    Ms Marina Appiah Opare, a Chief State Attorney, told the Accra High Court Thursday that the proposal by Essien and his lawyers was totally unacceptable.

    According to her, Essien and his lawyers have presented another proposal which the A-G had responded to.

    She, therefore, prayed the court to adjourn the case to allow the two sides to conclude negotiations.

    The hearing continues on July 9, 2020, at the court, presided Justice Eric Kyei Baffour.

    Refund

    Ato Essien is standing trial together with three others on allegations of collapsing Capital Bank.

    The GH¢27.5 million that Essien wants to pay is part of a GH¢620 million liquidity support given to Capital Bank by the Bank of Ghana (BoG) between June 2015 and November 2016.

    It is the case of the prosecution that Essien, and the other accused persons engaged in various illegal acts that led to the dissipation of the GH¢620 million liquidity support.

    With regard to the GH¢27.5 million, the prosecution has accused Essien of carrying it in jute bags which he distributed to some individuals for business promotion purposes

    Essien wants to refund the money per the Courts Act, 1993 (Act 459), so that four of the 19 charges leveled against him by the state would be dropped.

    Escape

    The decision by Essien to refund the GH¢27.5miilion to the state is a legal move under Section 35 of Act 459 meant to escape prison sentence.

    He has ostensibly pleaded guilty to taking possession of the amount and is willing to correct his wrong for a lesser punishment.

    Under Section 35 (1) of Act 459, a person accused of an offence which had caused “economic loss, harm or damage to the state or state agency may inform the prosecutor whether the accused admits and is willing to offer compensation or make restitution and reparation for the loss, harm or damage caused.

    Section 35 (2) of Act 459 states that when an accused makes an offer of restitution, the prosecutor shall consider whether the offer is acceptable or not and inform the court.

    In the event the offer is not acceptable to the prosecution, the trial shall continue, but if the offer is acceptable, the accused person will plead guilty and the court will convict him on his own plea.

    When passing sentence, the court will then order the accused to pay the restitution based on conditions set by the court.

    However, per Section 35 (7) of Act 459, if the accused person fails to fulfill the conditions set by the court for the payment of the restitution, the court shall pass a custodial sentence on him.

    Source: graphic.com.gh