TIG Post

Tag: Sam Okudzeto

  • Sam Okudzeto condemns publication of petition for Chief Justice’s removal

    Sam Okudzeto condemns publication of petition for Chief Justice’s removal

    Former Ghana Bar Association (GBA) President Sam Okudzeto has criticized the decision to make public the petitions seeking the removal of Chief Justice Gertrude Torkonoo, arguing that such disclosures should be withheld until a prima facie case is established.

    Speaking on Joy FM’s Top Story on Thursday, March 27, Mr. Okudzeto, who previously served on the Council of State, described the move as inappropriate and inconsistent with past practice.

    “Let me emphasize that this should not have been publicized. When I was on the Council, we felt it was wrong for a petition of this nature to be made public when submitted to the President and forwarded to the Council of State,” he stated.

    He insisted that the matter should remain confidential until a determination is made.

    “It is only when the Council and the President conclude that a prima facie case has been made that publicity should follow. I think this is a wrong approach,” he added.

    His remarks follow President John Mahama’s engagement with the Council of State regarding three petitions demanding the removal of Chief Justice Torkonoo. Government Communications Minister Felix Kwakye Ofosu confirmed that the petitions had been submitted in accordance with Article 146 of the 1992 Constitution.

    The controversy surrounding the petitions has also sparked legal challenges, with two separate cases filed at the Supreme Court to contest the process being used to address them.

    In response, the Chief Justice has formally written to the President, requesting copies of the petitions and ensuring other relevant stakeholders are informed.

    Commenting on whether the process could proceed without the Chief Justice’s response, Mr. Okudzeto emphasized the necessity of fairness.

    *”It’s not just about the law. It’s also about simple common sense. On what basis can the Council of State and the President proceed without input from the accused person?

    “They need her response to make an informed decision,”* he asserted.

    The situation continues to unfold as legal and constitutional experts debate the appropriate handling of the petitions.

  • Dr. Nyaho-Tamakloe expresses disappointment in Sam Okudzeto’s comments on Cecilia Dapaah’s case

    Dr. Nyaho-Tamakloe expresses disappointment in Sam Okudzeto’s comments on Cecilia Dapaah’s case

    Prominent member of the New Patriotic Party (NPP), Dr. Nyaho Nyaho-Tamakloe, has voiced his surprise and disappointment at the comments made by esteemed lawyer Sam Okudzeto concerning the corruption allegations against Cecilia Dapaah, the former Minister of Sanitation and Water Resources.

    He criticized Okudzeto’s remarks, which seemed to defend the former minister, stating that such comments are inappropriate given his stature and should be condemned.

    Dr. Nyaho-Tamakloe stressed the crucial need for holding government officials accountable, especially in corruption cases, to maintain transparency and integrity within the system.

    “I was surprised that my senior brother Sam Okudzeto came out with a statement concerning the Cecilia Dapaah case. I was really surprised. I know that I’m not annoyed. But I was surprised because if anybody even has a glass, the person should be able to account for it.

    “And we have buildings springing up all over their places. Do you want to tell me that they just got there? People put them there. Where did they get their money from? And these are the things that annoy the ordinary people,” he said while speaking in an interview with Kafui Dey.

    It is important to note that Sam Okudzeto previously asserted that storing money at home is not illegal, as there are no laws against it.

    His defense of Cecilia Dapaah, who is currently under investigation for corruption, has sparked considerable criticism.

    Background:

    Cecilia Dapaah is under investigation by the Office of the Special Prosecutor (OSP) for corruption and related offenses after two of her house helps were arrested for allegedly stealing over $1 million, €300,000, and other valuables from her Abelemkpe residence.

    An Accra High Court initially ordered the release of Dapaah’s frozen accounts and the return of her confiscated funds. However, on September 5, 2023, the OSP re-froze her accounts.

    On August 9, 2023, it was reported that the OSP had frozen the former Minister of Sanitation and Water Resources’ assets and bank accounts, which contained substantial amounts in both dollars and cedis.

    On October 16, 2023, the OSP lifted the freeze on five of Dapaah’s bank accounts.

    The office clarified that while these five accounts have been released, the freeze remains in place on her other bank accounts and financial assets.

  • It is unfortunate you defend Cecilia Dapaah for stashing huge cash at home – Domelevo tells Sam Okudzeto

    It is unfortunate you defend Cecilia Dapaah for stashing huge cash at home – Domelevo tells Sam Okudzeto

    Former Auditor General Daniel Domelevo has criticized comments made by Council of State member Sam Okudzeto, who suggested that there is nothing wrong with keeping money at home.

    Okudzeto had been defending former Sanitation Minister Cecilia Abena Dapaah after questions were raised about large sums of money found in her home.

    In an interview with Accra-based TV3, Okudzeto stated that Dapaah is not required to explain the source of the funds discovered in her residence.

    A Council of State Member, Mr. Sam Okudzeto

    He also criticized certain Ghanaians for what he perceived as hypocrisy in their criticism of Dapaah, who faced scrutiny over the substantial cash found in her home.

    “So you just pick on one individual and you want to make it as if she was just an extraordinary rogue who has stolen money when you don’t even have any evidence that she has stolen money,” he said.

    However, in an interview on Joy News’ Upfront on Wednesday, the former Auditor General maintained that keeping such a large amount of money at home raises questions.

    “I find it unfortunate…my position will not be based on law, but at least being a public figure and a leader in government talking about ensuring that we all use the financial sector, keeping that amount of money in the house may not be legally wrong, but I think it is questionable,” he said.

  • Hypocrites! Which law criminalises money stashing in Ghana? – Sam Okudzeto rebukes critics

    Hypocrites! Which law criminalises money stashing in Ghana? – Sam Okudzeto rebukes critics

    Veteran Ghanaian lawyer, Sam Okudzeto, has come to the defence of former Minister of Sanitation, Cecilia Dapaah, amidst allegations that she stored money in her residence.

    According to him, there is no law that prohibits the storing of cash at home; thus, she cannot be accused of any wrongdoing without evidence to substantiate the claims.

    Okudzeto emphasised that Ghanaians have been unjust to the former minister, subjecting her to harsh criticism after revelations of her keeping substantial sums of money in her house.

    The matter escalated into a legal issue following reports of missing funds, prompting police involvement.

    “The question is, if you come and you find money with me, do I owe any duty to you to explain whose money? When nobody has complained that I have stolen his money—over a million—what difference does it make? Foreign currency?

    “Look, Ghanaians are not honest people. When you see all these huge buildings that they are building,. Nobody asked them where they got the money from, when they started it, or when it was completed. Nobody does,” he said in an interview with TV3.

    He asserted that no law bars individuals from stashing monies at home until substantial evidence is provided.

    “Do the lawyers convict people on circumstantial evidence? When you go to the criminal court, you must establish the issues beyond all reasonable doubt. That’s what the criminal law says. The criminal law is not based upon suspicion or a mere allegation,” he added.

    Background:

    Cecilia Dapaah is currently under investigation by the Office of the Special Prosecutor (OSP) for alleged corruption and related offences. This follows charges brought against two of her house helps for stealing over $1 million, €300,000, and other valuables from her residence in Abelemkpe.

    The OSP took action to freeze Dapaah’s accounts for a second time on September 5, 2023, after an initial freeze order was lifted by the Accra High Court, directing the return of her seized assets and funds.

    Earlier, on August 9, 2023, GhanaWeb reported that the OSP had frozen Dapaah’s assets and bank accounts containing millions of dollars and cedis.

    Subsequently, on October 16, 2023, the OSP revoked the freeze order on five of Dapaah’s bank accounts. However, the freezing directive remains in effect for her other accounts and financial assets, as stated by the office.

  • Why should Cecilia Dapaah account for her finances when no one has reported of missing funds? – Sam Okudzeto quizzes

    Why should Cecilia Dapaah account for her finances when no one has reported of missing funds? – Sam Okudzeto quizzes

    A Council of State Member, Mr. Sam Okudzeto, has asserted that Former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, isn’t obligated to explain the source of money discovered in her home.

    He criticized some Ghanaians for unfairly targeting her and questioned why others with significant wealth aren’t similarly scrutinized.

    In an interview with TV3’s Beatrice Adu, Okudzeto, also a private legal practitioner, argues against convicting based solely on circumstantial evidence, emphasizing the need to establish guilt beyond reasonable doubt in criminal cases.

    He underscored the boundaries of state institutions involved in Dapaah’s case, cautioning against overstepping their mandates.

    His remarks follow the Attorney General’s advice to the Economic and Organised Crime Office (EOCO) not to pursue money laundering investigations against Dapaah, citing insufficient evidence of criminality.

    The Attorney General also highlights the Police Service’s ongoing investigation into the source of the funds found in Dapaah’s residence.

    Responding to criticism of the Attorney General’s decision, Mr Okudzeto stressed the importance of respecting institutional roles and avoiding premature judgments.

    He criticized lawyers who make uninformed comments on the case and urges a more nuanced understanding of legal complexities.

    Regarding a lawyer’s threat to sue over Madam Dapaah’s case, Mr Okudzeto cautioned against rash actions and emphasizes the need for thorough legal analysis and collaboration among legal professionals.

    He emphasized that law is intricate and requires careful deliberation and collaboration within legal chambers to arrive at sound conclusions.

    “If you come and you find money with me, do I owe you any duty to explain to you to whose money when nobody has complained that I have stolen his money?

    “You Ghanaians are not honest people, the number of people, all these huge buildings that they are building, who has asked them where they got the money from, nobody does. So you just pick on one individual and you want to make it as if she was just an extraordinary rogue who has stolen money when you don’t even have any evidence that she has stolen money,” he added.

  • Those criticizing Cecilia Dapaah are hypocrites – Sam Okudzeto

    Those criticizing Cecilia Dapaah are hypocrites – Sam Okudzeto

    Member of the Council of State, Mr. Sam Okudzeto, has criticized some Ghanaians for being dishonest in their criticisms of former Minister of Sanitation and Water Resources, Cecilia Abena Dapaah, who faced investigation for large sums of money found in her home.

    Mr. Sam Okudzeto questioned why other individuals with extravagant properties in the country were not being scrutinized for the sources of their wealth, unlike Cecilia Dapaah.

    In an interview with TV3’s Beatrice Adu, Mr. Sam Okudzeto, also a private legal practitioner, stated that Ghanaians were being dishonest in singling out Cecilia Dapaah for criticism without evidence of wrongdoing.

    He emphasized that Ghanaian laws do not convict people based on circumstantial evidence and require proof beyond a reasonable doubt.

    Mr. Okudzeto further highlighted the limitations of state institutions involved in Cecilia Abena Dapaah’s case, including the Attorney-General’s Department, the Office of the Special Prosecutor, and the Economic and Organised Crime Office (EOCO).

    He criticized some lawyers for making commentaries on the case without proper understanding, emphasizing the complexity of legal matters and the need for thorough research and discussion within the legal profession.

    “If you come and you find money with me, do I owe you any duty to explain to you to whose money when nobody has complained that I have stolen his money?

    “You Ghanaians are not honest people, the number of people, all these huge buildings that they are building, who has asked them where they got the money from, nobody does. So you just pick on one individual and you want to make it as if she was just an extraordinary rogue who has stolen money when you don’t even have any evidence that she has stolen money.”

    “Do the laws convict people on circumstantial evidence? when you go to the criminal court you must establish the issues beyond all reasonable doubt, that is what the criminal law says . The criminal law is not based upon suspicion or mere allegation.”

  • Sam Okudzeto condemns Dormaahene for calling for Gyakye Quayson’s trial to be terminated

    Sam Okudzeto condemns Dormaahene for calling for Gyakye Quayson’s trial to be terminated

    Prominent Ghanaian Lawyer, Sam Okudzeto, has expressed concern over Dormaahene’s political involvement contrary to Constitutional provisions.

    In a recent statement, Osagyefo Oseadeeyo Agyemang Badu II appealed to President Nana Akufo-Addo and the Attorney General to halt the ongoing trial of Assin North’s Member of Parliament; James Gyakye Quayson, citing potential hindrance to development within the constituency.

    Quayson currently faces charges of forgery and perjury related to alleged offenses during the 2020 parliamentary election.

    He has entered a plea of not guilty to counts of forgery of passport or travel certificate, knowingly making a false statutory declaration, perjury, and false declaration for office.

    However, Lawyer Sam Okudzeto, during an appearance on the Asaase Breakfast Show on Monday (3 July), expressed his disappointment with the Dormaahene’s statement, asserting that the chief had made an error. Okudzeto emphasized the need for the judicial council to take appropriate action against him.

    “I must confess that I am saddened and shocked because the one involved is not just an ordinary chief but a paramount chief. That is a very high position to be held in high esteem,” Asaaseradio.com quoted Okudzeto.

    “He should not meddle in politics,” Okudzeto affirmed, citing the constitutional prohibition on chiefs engaging in partisan politics.

    He further explained, “The constitution is very clear on that, and the basis for that is that everybody in his jurisdiction owes allegiance to him, and therefore, that is why he shouldn’t be involved in partisan politics.”

    Expressing his shock at the Dormaahene’s actions, Okudzeto revealed that many lawyers were angered and believed that the chief should face removal.

    He called for the judicial council to scrutinize the matter, stating, “If the Supreme Court were to analyze it, what is his business? The judicial council must sanction him.”

  • MPs serving as ministers is where the 1992 Constitution erred – Sam Okudzeto

    A member of the Council of State, Sam Okudzeto, has suggested that the framers of the 1992 Constitution of Ghana got it wrong when they stated that Members of Parliament (MPs) could simultaneously serve as ministers of state.

    According to him, MPs working at the same time as ministers of state make them ineffective in their main duty of representing their constituents.

    “I think that the error we made was that we were trying to mix the Westminster system of government and the presidential system of government. That is the mistake that we made in our constitutional process.

    “Being in parliament is a serious business. How on earth can you run a ministry as a minister and at the same time find time to represent your people in Parliament? You can’t.

    “In fact, if you check the assembly roster, you will find out that there are many ministers who seldom appear in Parliament and yet that is the purpose for being elected as MPs. They were not elected to become ministers, they were elected to become MPs to represent the people,” he said in a TV3 interview monitored by GhanaWeb.

    He proposed that the section of the constitution that allows MPs to serve as ministers be reviewed so legislators could not be part of the executive branch of the government.

    The member of the Council of State also said that the current Parliament has become too partisan, with MPs pursuing the interests of their political parties rather than those of the nation and their constituents.

  • ‘I have been a former political prisoner on four different occasions’ – Sam Okudzeto

    Veteran lawyer, Sam Okudzeto, has recalled the several times he has been a victim of political incarceration.

    Making this known during a donation to the inmates at the Nsawam Medium Security Prisons by his firm, Sam Okudzeto and Associates (SOA), the veteran lawyer said he since kept a soft spot for people in prisons.

    “As a former political prisoner on four different occasions, I have a special personal connection with prisons and the welfare of inmates. I have been a member of the Prisons Ministry of Ghana for several years and continue to serve on its Board. For over 20 years, I have spent every Christmas with inmates to demonstrate love and care, and to encourage them. We are pleased to celebrate this milestone with them,” he said.

    Sam Okudzeto and Associates (SOA) is marking its 50th Anniversary as a law firm and as part of the activities commemorating the anniversary, the firm paid a visit to the prison and made some donation of medical supplies, food items, sanitary products, among others.

    “The firm, Sam Okudzeto and Associates has grown through 50 years of legal excellence, and we are delighted to celebrate this remarkable feat. However, the history of this firm cannot be fully recounted if we omit to refer to our engagements and work with the prisons over these years,” he added.

    The law firm was founded in 1971 by one of the country’s finest and most astute lawyers, Mr. Sam Okudzeto, (SAG. FCIS, LLB (Hons) Lond. Dip, College D’Europe, Belgium, Notary Public) after he moved on from Law Chambers.

    It now boasts close to 30 lawyers and six partners. The firm’s new office has an ultra-modern library, fully equipped and updated with the most current law reports for legal research, as well as an ICT facility.

  • Parliament cannot do ‘whatever it likes’ – Sam Okudzeto

    A renowned lawyer and member of the Council of State, Sam Okudzeto, has said the perception by people that Parliament can do anything they like is wrong.

    According to him, though Parliament has the mandate to enact laws, the court can declare them null and void if the laws are inconsistent with the constitution.

    “There’s some wrong perception that Parliament can do anything they like; they don’t have such power. There are certain powers that are limited to the President alone. There are rights given to Parliament to make laws, but if the laws are inconsistent with the constitution, the court will declare it to be null and void,” Asaaseradio quoted Okudzeto.

    He added that constitutional law makes it clear that there must be checks and balances; therefore, the powers of Parliament are not absolute.

    “That’s all separation of powers is about. If you understand constitutional law, it talks about checks and balances. And constitutional law makes it clear that there must be checks and balances. It means that one has power, but that power is not absolute; there are limits to it. The President has powers, but those powers are not limitless, and if he goes beyond it, he can be checked,” Okudzeto said

    There have been a lot of reactions from both the minority and majority after the court ruled that Deputy Speakers could vote and form a quorum while presiding in Parliament.

    On March 9, 2022, the supreme court ruled that a Deputy Speaker of Parliament presiding over proceedings has the right to be counted in decision-making and to participate in voting.

    The court presided over by Justice Jones Dotse held that the Deputy Speaker does not lose his right to take part in decision-making upon a true and proper interpretation of Article 103 and 104 of the 1992 Constitution.

    The unanimous decision was taken after the court dismissed a writ by a law lecturer, Justice Abdulai, who was challenging the decision of Mr Osei-Owusu to be counted as part of the quorum to pass the budget.

    The court, therefore, held that the passing of the budget on November 30, 2021, in which Joe Osei-Owusu, the First Deputy Speaker, counted himself as part of the quorum, was valid.

    Also, the court struck down order 109(3) of the Standing Orders of Parliament that prevented a deputy speaker presiding from voting, ruling it was unconstitutional.

    This development got some mixed reactions from both the Minority and Majority. Whilst majority members, including Deputy Speaker Joseph Osei-Owusu, deem it a satisfactory verdict by the Supreme Court, the minority believes the ruling by the highest court of the land amounts to judicial interference.

    Source: www.ghanaweb.com

  • Secessionists criminals copying blindly – Sam Okudzeto

    The Western Togolanders, who hijacked Juapong last Friday, are a group of criminals who are copying blindly from what happened in Cameroon where a group also wanted independence for portions of that country, Sam Okudzeto, a member of the Council of State, has said.

    He indicated these are individuals that must be treated as criminals and be made to face the law.

    The group, after blocking major entry points in the Volta Region, attacked two police stations at Aveyime and Mepe, and seized 10 AK47 assault rifles after breaking into the police armoury.

    They ransacked the police stations, released inmates in custody, physically assaulted and injured some officers.

    The group, subsequently, blocked major roads to the Region and burnt car tyres.

    However, a joint police-cum-military enforcement team rescued the police officers who were held hostage.

    So far, 31 members of the secessionist group were arrested and, subsequently, airlifted to Accra and in the custody of the Bureau of National Investigation (BNI) and the Criminal Investigation Department (CID) of the Ghana Police Service for interrogation.

    One person died and several others sustained various degrees of injury during the exchange of fire between the security agencies and the secessionist group.

    Reacting to the development, Mr Okudzeto said: “This is a criminal conduct by these people. These are Ghanaians that are copycats. When they see something happening somewhere they think it is just natural for them to also do the same thing.”

    “You have seen what is going on in Cameroon where Western Cameroon also had…same problem when they were trying to cut off.

    “Those in Ghana do not understand the history behind the other one and they try to confuse themselves as if they are the same,” he told Joy FM Tuesday, September 29.

    Source: 3 News

  • Ghana’s coronavirus situation not ‘dramatic’ – Sam Okudzeto

    A member of the Council of State, Mr Sam Okudzeto, has said the Electoral Commission can start registering Ghanaians for the new voter ID card in parts of the country that are not under lockdown in light of the coronavirus situation in Ghana.

    So far, eight people have succumbed to the disease out of the six hundred and thirty-six confirmed cases.

    President Nana Akufo-Addo has locked down parts of the country as part of measures to mitigate the spread of the virus.

    He has also banned all social gatherings and activities which require massing up at one place.

    In light of the coronavirus situation, the EC has also suspended, indefinitely, its registration exercise, which it had scheduled to start on April 18, 2020.

    However, Mr Okudzeto, a former President of the Ghana Bar Association, told Accra-based Citi FM in an interview that: “Our case of the coronavirus is not as dramatic as it is in many countries, which means that we only have few pockets in the two big municipalities and few of the smaller ones.

    “So, since the lockdown is not the whole of Ghana, the EC should start the registration in areas where there is no lockdown”.

     

    Source: classfmonline.com