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{
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} | 3_97684 | General News of Friday, 28 October 2016
Source: classfmonline.com
PPP's victory shows our laws are working – Ayariga
The court victory by the Progressive People's Party (PPP) against the Electoral Commission on Friday, 28 October, shows "ours laws are working", flag bearer of the All People's Congress (APC)Hassan Ayariga has said.
" … We congratulate the lawyers of the PPP and the court for doing the right thing. We want to promote multiparty democracy and not to destroy it. The EC must act properly because their credibility is in question now," Mr Ayariga told Naa Dedei Tettey on 12Live minutes after the court quashed the EC's disqualification of Dr Nduom from the 2016 presidential race.
"Clearly this is all that we have all been asking for. There's a period of opening of nominations and it has to be gazetted. ... The EC didn't do that … and in the CI 94, there are clauses that state that you must give the candidates the opportunity to make corrections…"
Meanwhile, Dr Nduom himself has welcomed the ruling by the Accra High Court which nullified his disqualification from the 2016 presidential race.
According to the court, the Electoral Commission should have given Dr Nduom an opportunity to correct anomalies on his nomination form before disqualifying him.
Speaking exclusively to Class News' Kwesi Parker-Wilson shortly after the court ruling, Dr Nduom said: "It's not a great moment for me, but it's a great moment for democracy and for our human rights".
Dr Nduom was part of 13 aspirants disqualified from contesting in the elections over alleged illegalities on their nomination forms.
Dr Nduom, according to the EC, was disqualified because "the number of subscribers to his forms did not meet the requirements of Regulation 7 (2) (b) of CI 94. The details are as follows:
- One subscriber Richard Aseda ('Asida' on the Voters' Register), with Voter ID no 7812003957) endorsed the forms in two different districts (pages 21 and 39).
The subscriber was found to be on the Voter's Register in one district thereby disqualifying his second subscription and reducing the total number of subscribers to below the minimum required by the Law.
The same subscriber (Richard Aseda ('Asida') endorsed the form with different signatures in both portions of the nomination form. This raises questions as to the legitimacy of one or both signatures.
We will refer the matter of the possible forgery of the signature(s) to the Ghana Police Service and the Attorney
General for investigation and prosecution in line with the following sections of the Criminal Offences Act, 1960 (Act 29):
Section 211: Perjury
Section 248: making false declaration etc. for office or voting;
Section 251: Deceiving a public officer
Section 256: Corruption, Intimidation and impersonation in respect of election."
The PPP took the case to court seeking "an order directed against the 1st respondent in her capacity as returning officer for presidential elections to grant the applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th December 2016 elections."
The court said the EC did not give the PPP a fair opportunity to amend mistakes on their nomination forms.
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{
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} | 46_62819 | PPP's case against EC moved to October 25
PPP Flagbearer, Dr. Papa Kwesi Nduom
An Accra High Court has moved a case filed by the Progressive People's Party (PPP) that sought to among other things,restrain the EC from proceeding with balloting for position of presidential candidates for the December 7 elections to October, 25.
The party sued the EC at the High Court over the decision to disqualify it's presidential aspirant, Dr. Papa Kwesi Nduom, from the December 7 presidential election.
[contextly_sidebar id="yTWaTDWeodCmJoeRstoxck7gMDqNSuQ6″]The PPP was seeking "an order of prohibition to restrain the EC from proceeding with balloting for position of presidential candidates for the 7th December elections.
The plaintiff was also seeking"…a further order directed against the 1st Respondent in her capacity as Returning Officer for Presidential elections to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a Presidential Candidate for the 7th December 2016 elections."
"And for such order or further as to this Honourable Court may deem fit."
The suit has Dr. Papa Kwesi Nduom as the exparte applicant, with Madam Charlotte Osei the EC Chairperson as the 1st Respondent, and the Electoral Commission as the 2nd Respondent.
The writ said "Hon. J. Ayikoi Otoo, Counsel for and on behalf of the applicant, will move this Honourable Court praying for an order for Judicial Review by way of Certiorari to bring to this Court the decision of the Respondents dated 10th October, 2016, which disqualified the Applicant as a Presidential Candidate for the 2016 General Elections, for purposes of having same quashed upon the grounds of… (1) Breach of the rules of natural justice (2) Error apparent on the face of the record and (3) Failing to live the requirement as imposed by law."
Dr. Nduom was disqualified together with 12 other presidential aspirants for failing to fill their forms correctly.
Prior to this court action, Dr. Nduom had met with the EC boss to get her to rescind her decision, but the meeting ended with no hope for the renowned entrepreneur who was making a third and last attempt at the presidency.
By: Marian Ansah/citifmonline..com/Ghana
Follow @EfeAnsah
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{
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} | 18_94862 | Dec polls: Court dismisses Kofi Gane's case against EC
Politics November 30, 2020 Stephen
The Criminal Division of the Accra High Court presided over by Justice El-Freda Denkyi has dismissed an application filed by Marricke Kofi Gane to quash his disqualification from the December 2020 election as an Independent Presidential candidate.
The court in its judgment said the applicant has no equitable or legal rights that the court must protect by way of granting his application.
The court argued that from October 29 when the applicant filed his case, it was 10 days after his disqualification and 14 days to the election when the case came up for hearing on November 23.
The court said granting the application will breach a constitutional mandate and the public would be denied their rights to chose their leader.
The court said the applicant does not deserve any of the reliefs he sought and also the fact that all provisions have been made by the EC ahead of the elections, hence dismissed the application.
The applicant who was one of the candidates disqualified from the race by the Electoral Commission (EC) on grounds of alleged forgery was seeking an order through Certiorari.
Not satisfied with the decision, he filed an application for Certiorari in the nature of a judicial review, asking the High Court to invoke its supervisory jurisdiction against the EC's decision to disqualify him from the 2020 polls.
The applicant through his lawyer Nurideen Saeed was seeking an order of Certiorari to quash the EC's decision to disqualify him.
He was asking the court to order the EC to allow him time to correct all the infractions he was said to have committed.
The applicant was also seeking an order compelling the EC to include his name on the presidential ballots and also stop the EC from going ahead to print the ballots until his name is included.
Moving his application through his Lawyer Nurudeen Saeed, he argued that, his was not given the opportunity to be heard on the alleged case of forgery and improprieties against him.
He contended that, even though the EC said they have referred the matter to the Criminal Investigations Department of the Ghana Police service, neither he nor his supporters have been invited for questioning.
He argued that such a move is in breach of natural justice and prayed the court to order the EC to put his client's name on the presidential ballot of the 2020 ballot paper.
Rebutting to claims by the EC lawyers that, the court cannot make any declaration in the nature of what the applicant was asking because the court doesn't have the nomination form to make proper judgment, he said, respondent has tied the hands of the applicant by keeping his nomination form from him and want to profit from same.
EC response
The EC led by lawyer Justice Amenuvor while arguing their case on the point of law contended that, a Certiorari application does not act as an automatic grant, but a discretionary in nature.
According to the EC, the court cannot make the said orders or declarations that the applicant is asking the court to because the court does not have the said nomination forms to understand what actually happened.
It cited various authorities including the Papa Kwesi Ndoum case against the EC in the run-up to the 2016 polls.
He, therefore, prayed the court to dismiss the application in its entirety.
Marricke Kofi Gane invoked the High Court's supervisory jurisdiction in an application for review of the EC's decision to disqualify him from the 2020 polls.
Mr. Gane was disqualified in October together with four others and further accused of associating with forgery.
The EC's technical team found that a number of the signatures endorsing his form had a similar pattern.
According to the commission, police subsequently came to the conclusion that a number of the signatures endorsing his forms were fake.
He also wants the Court to restrain the Commission from printing the ballot papers for the Presidential poll without his name on it.
Source: Kasapafmonline.com
Accra High Court, EC, Electoral Commission of Ghana, Marricke Kofi Gane, Nurideen Saeed
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{
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} | 25_39556 | Welcoming Marricke Gane
Rodney Nkrumah-Boateng
Mr Marricke Kofi Gane. Image credit - Koaci
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Instead of complaining about politicians, he has decided to be one and try to make a difference.
Last week, there was quite a stir on social media over an announcement by Mr Marricke Gane, a chartered accountant, that he intended to run in the 2020 presidential election as an independent candidate.
Whilst it generated some excitement among some people who welcomed the 'fresh air' away from what they called the 'duopoly' of the NPP and NDC, others rolled their eyes and kissed their teeth, simply amused.
Read also: Marricke Kof Gane Makes It Public, Will Contest for Presidency in 2020 General Elections
Read also: Exclusive Interview: Marricke Kofi Gane Talks Political Future and More - Part 1
Read also: Video: Marricke Kofi Gane officially declares to run for President of Ghana in 2020
Independents, neutrals and duopoly
I remember two independent presidential candidates from the 1979 presidential election.
I think Mr Diamond Addy's symbol was a fish.
The other independent, Mr Kwame Nyanteh, had a half-peeled cob of corn as his symbol, and it did look quite tantalisingly appealing.
Of course, they both campaigned.
And of course, they both trailed quite badly, scraping the bottom of the barrel. In contemporary times, my schoolmate Jacob Osei Yeboah (JOY) stood in both the 2012 and 2016 presidential elections, and in both instances, came nowhere near making an impact.
The independents clearly do not have a proud electoral record in Ghanaian presidential elections.
Our political landscape is dominated by the two major parties, the NDC and NPP.
It does not appear these parties are about to lose their grip anytime soon.
I have read from a number of self-acclaimed neutrals who say they are disenchanted with both parties, but it appears to me that this does not seem to trickle down to the voting public in sufficient numbers so as to cause a groundswell of sentiments that will translate into voting an independent candidate as President.
Yes, Dr Nkrumah's rise to power was rather unconventional, but then he rode on the back of a solid and well-oiled political machine, the Convention People's Party (CPP).
What I find most intriguing, however, is that the neutrals, who have been tearing apart the policies, ideas and practices of the NDC and NPP, and who snorted derisively that these parties' supporters who defended same were on autopilot mode, suddenly seem to be swooning over Mr Gane's mere declaration of intent in a broad statement.
Those asking questions were tagged as being nervous of an impending political tsunami.
Political parties, part of Ghanaian DNA?
I suspect political parties are built into the Ghanaian political DNA.
They were the vehicle of mobilisation for political activism during the 1950s in the run-up to independence and beyond.
And of course, when the Acheampong government proposed doing away with political parties and rather suggested Union Government as the model of governance, the people rose in anger.
I think crucially, people are careful not to 'waste' their votes for people or parties they believe have no chance of winning or even coming close to winning, unless they wish to make a statement by voting for an outsider.
So far, however, people who seek to make a political statement at elections tend not to vote at all, and both the NDC and NPP have suffered from this nonchalance in their strongholds.
We need to do better
We have many governance challenges and weak institutions.
The political class must do better to inspire public confidence on several fronts, ranging from constitutional reform, corruption, law enforcement to party funding, among others.
And I accept that in all of this, leadership is essential.
Whilst they have had their challenges, civil society groups and the media have played huge roles in whatever modest gains we have had in the 4th Republic.
Other countries effectively have a two-party system and are making progress.
The problem is not a duopoly. It is far deeper than that.
Welcome, Mr Gane
Our politics is not only multi-party, but multi-candidate. Of course, Mr Gane has every right to stand for President.
I welcome him into the bear pit of the Ghanaian politics, where there are no sacred cows, where every word and action of any serious presidential candidate are subjected to the most intense scrutiny under a microscope.
I honestly believe he will not win and will make no significant impact beyond his predecessor independent presidential candidates.
But his decision is a courageous one.
I am sure he has the requisite thick skin, and I wish him well.
Writer's E-mail: [email protected]
marricke kofi gane |
{
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} | 8_126089 | Home News Politics Kofi Gane's application against EC's disqualification thrown out
Kofi Gane's application against EC's disqualification thrown out
Electoral Commission (EC)
An Accra High Court has dismissed an application filed by Marricke Kofi Gane, an independent presidential candidate who challenged his disqualification by the Electoral Commission
The presidential aspirant asked the court to compel the commission to add his name to the presidential ballot as a candidate.
The court presided over by Mrs. Justice Elfreda Denkyi in a ruling said Gane delayed in filing his application before it.
The court further said in scale of balance of convenience, the general public would be denied their right to candidates of their choice should the application be granted in view the situation at hand, adding that Gane had no right to be protected.
According to the court, Gane was also not entitled to any of the reliefs sought hence the dismissal the application.
Gane was disqualified from the presidential race by Electoral (EC) on grounds of alleged forgery.
Dissatisfied with the EC's decision, he filed an application for Certiorari in the form of a judicial review, asking the High Court to invoke its supervisory jurisdiction against the EC's decision to disqualify him from the 2020 polls.
Gane through his lawyer had argued that, he was not given the opportunity to be heard on the allegation of forgery and improprieties against him.
The applicant contended that, even though the EC said they have referred the matter to the Criminal Investigations Department (CID) of the Ghana Police Service, neither he nor his supporters have been invited for questioning.
Counsel for the applicant argued that the move is in breach of natural justice, and prayed the court to order the EC to put his client's name on the presidential ballot for the 2020 polls.
The Electoral Commission in its response held that the court could not make any declaration in the nature of what the applicant was asking because the court do not have the nomination forms to make a proper judgment.
Counsel for the EC said, respondent has tied the hands of the applicant by keeping his nomination form from him and he cannot profit from same.
The commission contended that, a Certiorari application did not act as an automatic grant, but a discretionary one.
According to the EC, the court cannot make the said orders or declarations that the applicant is asking the court to because the court does not have the said nomination forms to understand what actually happened.
The commission therefore invited the court to dismiss the application in its entirety.
The independent presidential candidate had invoked the High Court's supervisory jurisdiction in an application for review of the EC's decision to disqualify him from the 2020 polls.
Gane was disqualified in October together with four others and was further accused of forgery.
The EC's technical team found that a number of the signatures endorsing his form had a similar pattern.
According to the commission, police subsequently came to the conclusion that a number of the signatures endorsing his forms were fake.
The applicant wanted the Court to restrain the Commission from printing the ballot papers for the Presidential poll without his name on it.
Accra High Court
application against
Joyce Danso
Kofi Gane
Marricke Kofi Gane
thrown out
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{
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} | 56_63718 | Nduom, Konadu et al have no case - Ndebugre
Private legal practitioner, John Ndebugre has lauded the Electoral Commission for cracking the whip to disqualify "charlatans" from contesting the December 7 elections.
The former PNC Member of Parliament for Zibilla constituency in the Upper East region maintains the general election is a competition and its rules must be complied with. "This is a contest and in every human endeavor there are rules and regulations you must comply with. Therefore if you fail to comply, you will be excluded. The Electoral Commission took time to assign reasons for each of the disqualified candidates so I don't see why they cannot accept that, unless you look at the law and say what the EC chair said is false."
Opportunity to correct errors
Speaking to the defense put up by the affected parties that they were not given the opportunity to correct their errors before disqualification, John Ndebugre maintains the law is clear; adding the EC Chair only applied the rules. He questions why violations that border on criminalities should be dealt with by mere explanations. Some of the reasons for disqualification border on criminality, he posited, "are you telling me when you commit a criminal offense you should be called to explain? A number of them were criminal acts.
The law clearly states that you can't endorse more than one candidate. Should you be called to explain your violation? "What the law contemplates by regulation in the Constitutional Instrument (CI) 94 is minor errors like wrongly spelt names, not criminal offense as outlined by the Electoral Commission."
Lawyer Ndebugri further argues that the omissions and violations are clear indications of careless attitude that must not be entertained for the high office of the president.
He is of the view that the disqualified aspirants did not show seriousness and must face the consequence of their actions. "I think that if you want to be president of this republic, you must convince us that you are diligent and serious.
So if you ask someone to endorse you, you'll have to take responsibility to scrutinize them. "The problem is that people sit in Accra and send the forms to the regions for people to complete them anyhow and bring them for filing. Do you expect the EC to do that job of checking for you? "These electoral laws are strict liability laws, it makes you responsible. The burden shifts to the aspirant so if you just pick any body's signature then you have yourself to blame".
CI 94 regulation 4 stipulates nomination period
On the argument that regulation 9.2 of the CI 94 provides a window of opportunity to correct errors but the EC disregarded that, Lawyer Ndebugre insists the electoral body could not have done anything within the circumstances.
(2) The returning officer shall inform a candidate that the candidate's nomination is invalid where
(a) the particulars of the candidate or the persons subscribing to the nomination paper are not as required by law; or
(b) the nomination paper is not subscribed to as required by law, and shall give the candidate an opportunity to make amendments or any alteration necessary, within the stipulated nomination period."
But Ndebugre insists the window of opportunity has elapsed.
"The stipulated period of 29th and 30th September is over. Anything outside the period will be illegal even the EC does not have any jurisdiction or power to change anything.
This is because the Progressive People's Party (PPP) needlessly took the EC to court and so the EC had to put on hold the acceptance of the banker's draft and you can't use that to extend the nomination period."
He also disagreed with US-based Ghanaian Law Professor, Kweku Asare's view that the EC erred in not allowing for some corrections. "I don't think so. Prof Asare knows that the law is always interpreted in accordance with the prevailing circumstances," he states.
3news.com |
{
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} | 33_72838 | Powers of The Court Over Unmoved Applications
Selasi KuwornuApril 15, 2019 5:56 am 2
The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been moved.
In The Republic v Court of Appeal, Ex Parte: Eastern Alloys Company Limited[1], the applicant invoked the supervisory jurisdiction of the Supreme Court seeking both certiorari and mandamus to issue against the Court of Appeal. The applicant's complaint was that (a) the Court of Appeal dismissed his application for stay of execution on the merits without hearing him (i.e. in his absence); and (b) the dismissal of the suit by the Court of Appeal amounted to a breach of the rules of natural justice.
The key issue before the Supreme Court was whether indeed there was a breach of natural justice.
The Apex Court, speaking through Atuguba JSC, unanimously dismissed the application. In the view of the Supreme Court, the Applicant's act of absenting himself without any representation by counsel even though he was aware of the hearing date of the motion amounted to a waiver of the right to a hearing. It must be noted that the respondents were represented by counsel at the hearing and called upon the court to dismiss the motion by making submissions.
The Supreme Court further pointed out that although it is the usual practice for courts to strike out applications for want of prosecution in situations where applicants fail to appear in court to move their motions, nothing prevents a judge from hearing and deciding a motion on its merits. The reason given by the apex court was that Judges, subject to particular rules, have the right to control the proceedings in their courts, including how a motion should be dealt with.
This decision is a timely reminder on the powers of the court over matters before it. It is also a timely reminder to lawyers who simply file processes just to hold the court hostage with no real intention of moving same that the court has wide and discretionary case management powers to deal with such "filibuster" applications.
[1][2007-2008]1 SCGLR 371
Selasi Kuwornu
https://ghanalawhub.com/author/sk/
Trying Criminal Cases De Novo: The Ghana Situation
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TAGS civil procedure
AUTHOR Selasi Kuwornu
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Faisal Ibrahim Cisse 4 years
The oft-cited authority of Justice Ellen Amoah(Financial & Economic Court 1). My Star judge.
Frederick Gurah Sampson 2 years |
{
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} | 47_133831 | Nduom not to contest in the PPP's presidential candidate race
By Frank Osei Nyarko On Jul 21, 2020
Founder and two-time presidential candidate of the Progressive Peoples Party (PPP), Dr Papa Kwesi Nduom, will not be leading the party into the December general polls.
This announcement was conveyed in a statement signed by the party's General-Secretary, Paa Kow Ackon.
The statement, however, did not disclose why the experienced politician has decided to hand his boots from rigorous party politics but encouraged all interested individuals to pick forms and contest.
"We urge all card-bearing members in good standing to take advantage of this opportunity to test the waters, determine their competitive standing, and check the general public's reactions to their potential candidature," part of the statement read.
It added an expedited and virtual selection process has been adopted for the exercise ahead of the 2020 elections.
The party further indicated its determination to improve upon past performances with the hope of being represented in Parliament.
Read the full statement below:
NduomNduom not to contest in the PPP's presidential candidate racePPP
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{
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} | 85_151536 | Nduom vs EC: Full ruling of the court
Posted October 31, 2016 admin
IN THE HIGH COURT OF JUSTICE, HELD AT ACCRA, COMMERCIAL DIVISION ON FRIDAY, THE 28TH DAY OF OCTOBER, 2016 BEFORE HIS LORDSHIP, ERIC KYEI BAFFOUR, ESQ., JUSTICE OF THE HIGH COURT SUIT NO. GT/1401/2016 THE REPUBLIC VRS 1. MRS CHARLOTTE OSEI 2. THE ELECTORAL COMMISSION EX PARTE DR. PAPA KWESI NDUO RULING
I have before me an application in the nature of judicial review seeking the following reliefs: One, certiorari to bring to the court the decision of the Respondents dated the 10th of October, 2016 which disqualified the Applicant as a presidential candidate for the 2016 general elections for the purpose of having same quashed.
Two, an order of prohibition to be directed at the Respondents from proceeding with balloting for positions in the presidential elections.
And three for further orders directed against the 1st Respondent in her capacity as Returning Officer for Presidential election to grant the Applicant the opportunity to amend and alter the one anomaly found in his nomination papers as well as accept his nomination papers as amended or altered to enable him contest as a presidential candidate for the 7th of December, 2016 elections.
The ground upon which the Applicant mounts this application has been stated by him to be anchored on:
Breach of the rules of natural justice (audi alteram partem)
Error apparent on the face of the record.
As an application of this nature launched under Order 55 of the High Court (Civil Procedure) Rules C. I. 47 must of necessity be supported by an affidavit deposed to by or on behalf of the Applicant, the factual basis upon which this application has been made has fully been set out in the Applicant's affidavit of 14th October, 2016.
I find it necessary to state the essential matters relied on by the Applicant in his thirty-three (33) paragraph affidavit in support. Applicant states that he was elected at the convention of the Progressive Peoples Party (PPP) as its Presidential candidate to contest for the upcoming elections for 2016. That the Respondents, who are mandated by law with the responsibility for the conduct of the elections opened nominations for which he duly picked nomination forms to contest for the office of the President of the Republic.
Applicant notes that the Respondents announced that it would receive the completed nomination papers on the 29th and 30th of September, 2016 and included the specific hours that persons who had evinced intentions of contesting for the office of President were to submit the nominations papers. Applicant further claim that he dutifully followed the instructions of the Respondents and submitted his forms on the 30th of September, 2016 only to hear ten clear days later on the 10th of October, 2016 at a press conference organized by the Respondents, that he has been disqualified as a presidential candidate on the basis that his nomination papers had one subscriber endorsing Applicant's forms in two different districts; making the Respondents to conclude that Applicant did not have the requisite number of subscribers required by law to support the nomination.
To Applicant the action of the Respondent to receive the forms only within the last two days of the nomination period meant that the Respondents have denied him the right afforded him by the law to have been given a hearing before a decision was taken regarding the competence of his nomination papers and hence the prayer for the invocation of the supervisory jurisdiction of the High Court.
The Respondents have ardently resisted the application of the Applicant on the ground that it is baseless and undeserving of the reliefs he seeks from the court. In her affidavit in opposition deposed to by the 1st Respondent, she claims that by law she was to provide an opportunity for amendment to forms within the nomination period and that she concedes that the Commission indicated that it would receive the nomination forms on the 29th and 30th of September, 2016; nonetheless the rules regulating the conduct of the elections states that the processes of nomination is concluded by close of day for nomination. And that the Applicant, if it was desirous of taking advantage of the rules, by having the errors on his forms pointed out to him to amend, should have disregarded the notice the Commission gave for the submission of the forms on the 29th and 30th of September and instead submit his forms earlier enough for his errors to have been pointed to him.
And besides, even if the Applicant purported to have relied on the notice issued regarding the two specific dates of 29th and 30th for the submission of his forms, then the Applicant voluntarily assumed the risk associated with the late submission of forms.
1st Respondent, again, claim that Applicant by his own showing has admitted that one subscriber subscribed in more than one district and the nomination forms of the Applicant accordingly did not comply with the law and the decision to declare as invalid the forms of the Applicant was proper and in accordance with the rules. To Respondents, the Applicant had duly been given a proper hearing which came after his disqualification wherein the Applicant admitted knowledge of the criminal subscription to his nomination form and concludes, therefore, that the Applicant had not acted fairly to deserve the exercise of the discretionary power of the court in his favour.
PRELIMINARY LEGAL OBJECTIONS
The 1st Respondent in paragraph 6 of her affidavit in opposition gave indication that the application was incompetent and had preliminary legal objections to raise. Learned counsel, in his statement of case and in his vova voce submission before the court, has raised what I deem to be a hydra headed preliminary legal objections to the propriety of the application before the court. The court can proceed to the merits of this application only after it has determined the preliminary legal objections.
The first preliminary objection raised is to the effect that the Applicant has invoked the jurisdiction of the court by the wrong process, as to counsel for Respondents, the correct process for the Applicant to have approached the court was a petition and not an application for judicial review. Counsel support his submission by Regulation 9(3) and (4) of the Public Elections Regulations, 2016 (C.I.94) which states that:
"Where candidate fails to comply with sub regulation (2), the Returning Officer shall consider the nomination paper of the candidate as invalid and shall (a) Endorse and sign on the nomination paper the reasons for that decision; and (b) Inform the Commission".
And it is after that the Commission shall take a decision on the matter within seven days. Counsel for Respondent argues that the option available to a candidate who is aggrieved by the decision of the Commission is to be found in Regulation 9(5) which states that:
"This regulation shall not prevent the validity of a nomination to be questioned on an election petition".
One needs a careful reading of the basis for the Applicant being in court in order to appreciate whether the Applicant falls within Regulation 9(5) of C. I 94 as to compel him to commence his action by petition. Respondent claim that Applicant has only invoked the jurisdiction of the court because 2nd Respondent invalidated his nomination paper, thereby disqualifying him. To appreciate the nature of this application in this manner, with respect, is to habour a limited appreciation of the entire reasons why the Applicant has ran to the court. Applicant claim or question, as far as I understand his application, that Respondent is enjoined to have given him a fair hearing before the close of nomination period, if there was one, to make any amendment or alteration necessary, to his nomination forms before any decision to disqualify him was made. If the Applicant was not alleging any procedural impropriety but only that the decision for his disqualification on the merits was wrong, then, I think, the correct procedure would have been by the mode spelt out under Regulation 9(5) of C. I. 94, that is through a petition.
It is, therefore, my view that commencing an action by way of petition spelt out in regulation 9(5) of C.I 94 is when an applicant challenges the grounds of his disqualification on the merits and not when a disqualified candidate seeks to invoke the supervisory jurisdiction because of a procedural impropriety. See the following cases: REPUBLIC v HIGH COURT (CRIMINAL DIVISION); EX PARTE FRANCIS ARTHUR (Unreported) judgment of the Supreme Court dated 28th July, 2016; J5/29/16; AWUNI v WEST AFRICAN EXAMINATION COUNCIL [2003-2004] SCGLR 471.
Whiles writing this ruling, my attention was drawn to the case of REPUBLIC v NATIONAL ELECTORAL COMMISSION & REBECCA ADOTEY; EX PARTE GEORGE AMOO [13/7/2000] where the Court Appeal per Twumasi JA noted at page 5 of the judgment that where the legislature has provided a special procedure one cannot by pass it to litigate election results by prerogative writs. That case dealt with a party who had commenced an action by petition from the High Court all the way to the Supreme Court and whiles the final appeal was pending at the Supreme Court he decided to take the alternative route of invoking the prerogative writs of the High Court. The learned Judge correctly appreciated the issue in that case, when he stated as follows, that it was not opened to a Judge to assume fresh jurisdiction under the cloak of an application for prerogative orders in a disputed election results for which an election petition had previously been filed. That in itself amounted to an abuse of the judicial process. Ex Parte Amoo, is therefore, not an omnibus authority, to argue that this court is restrained from proceeding to examine this application as not being the right procedure for approaching the court.
The second preliminary legal objection, I glean, is that even if the Applicant had come by way of petition, his cause of action would still not have accrued, and that having recourse to the court by way of petition is available only after the conduct of the elections. Counsel supports his submission with the cases of REPUBLIC HIGH COURT, SUNYANI, EX PARTE COLLINS DAUDA (BOAKYE-BOATENG INTERESTED PARTY) [2009] SCGLR 447; REPUBLIC v HIGH COURT, KOFORIDUA, EX PARTE ASARE (BABA JAMAL, INTERESTED PARTY) [2009] SCGLR 460.
I think, again with deep respect, counsel's submission is gravely misconceived. The cases cited deals with the challenge to the validity of an election to Parliament under section 16 of the Representation of the Peoples Law, 1992 (PNDCL 284) which can only be questioned by a petition. The time for the presentation of a petition has been stated under section 18 of the said Law to be within 21 days after the publication in the Gazette of the results of the election. Counsel cannot stretch the time period given by the law under PNDCL 284 to mount a challenge questioning the validity of the election of a candidate as a member of Parliament to encompass an allegation of a challenge of a person regarding a breach of a procedural rule under C.I 94. In any case, I have found that approaching the court, as in this case as the Applicant did, is not by way of petition and the subsequent argument of needing to wait until after the elections is a non sequitor.
The third in the trilogy of the preliminary legal objections launched by counsel for the Respondents is founded on an alleged non-compliance with the formal requirements for judicial review. Counsel for respondent relies on what the Rules say an application for judicial review should comply with under Rule 4 of Order 55 of the High Court (Civil Procedure) Rules, C.I. 47 which states as follows:
"Mode of Application (1) An application for judicial review shall be made to the High Court by motion
(2) The motion shall be supported by an affidavit by or on behalf of the applicant which shall contain the following particulars:
(a) The full name, description and address for service of the applicant (b) The facts upon which the applicant relies;
(c) The relief or remedy sought by the applicant and the grounds on which he seeks the relief or remedy; and
(d) The full name, description and address for service of the person directly affected by the application".
Counsel's submission is that the above detailed information were found in the motion paper of the applicant but not in the affidavit, and this to him is fatal as the rules mandate that the information should rather be contained in the affidavit and not the motion paper as the Applicant had done.
I concede that the rules mandate an applicant to state the particulars required under Rule 4 of order 55 of C. I. 47 in the affidavit. Having put those particulars not in the affidavit but in the motion paper; what then is the net effect. Counsel for Respondent argues that this slip should lead to the dismissal of Applicant's application before the court. I am unable to accede to this invitation by counsel for Respondent for the dismissal of the application and the reasons of the court are as follows:
It is trite that where a step taken by a party to proceedings is fundamentally defective such a defect or error is beyond the curative and redemptive powers of the court. See REPUBLIC v HIGH COURT, KUMASI; EX PARTE ATUMFUWA [2000] SCGLR Beyond that the failure to strictly comply with a procedural rule will not lead to an automatic dismissal of a suit due to the saving grace of Order 81(1) of C. I. 47 which notes that the failure to comply with the requirements of the Rules, whether in respect of time, place, manner, form or content shall not nullify the proceedings. I understand the authoritative pronouncement of Dr. Date-Bah JSC in the case of REPUBLIC v HIGH COURT; EX PARTE ALLGATE CO LTD (AMALGAMATED BANK LTD) INTERESTED PARTY [2007-2008] SCGLR 1041 to mean this: that all breaches of the Rules of court are curable and may be waived by the court in the exercise of its discretion except three main irregularities that cannot be waived. These are:
A breach or a violation that borders on want of jurisdiction of the court.
A breach of a statutory provision or an enactment other than a breach of the rules of court
iii. A breach of any of the constitutional provisions. See page 1050 of the Ex Parte Allgate case supra.
The question I ask myself is does the violation that counsel for the Respondent raise falls within any of the three categories of exceptions that are beyond the curative powers of the court? The answer is a big no. Following Ex Parte Allgate the decision in Ex Parte Dr. Kofi Asare, supra followed the same jurisprudential thought. And even before the advent of the C.I 47 the Supreme Court had exercised similar functions in the case of NIKOI OLAI AMONTIA IV (SUBSTITUTED BY TAFO AMON II v AKOTIA OWORSIKA III (SUBSTITUTED BY LARYEA AYIKU III [2005-2006] SCGLR 637 where the court cited with admiration the dictum of Apaloo J.A (as he then was) in the case of ABDILMASIN v AMARFI [1972] 2 GLR 414 at 422 as follows:
"Nobody has a vested right in procedure and modern notions of justice require that a court should do substantial justice between parties unhampered by technical procedural rules".
I cannot rest this point without making reference to the case of HALLE & SONS v BANK OF GHANA & ANOR[2011] 1 SCGLR 378I wherein their Lordships noted in emphatic terms that:
"Although I agree that a Court cannot conduct its business without a code of procedure, I think that the relation of rules of practice to the work of justice is intended to be that of a handmaid rather than a mistress, and the court ought not be so far bound and tied by rules, which are after all only intended as a general rules of procedure, as to be compelled to do what would cause injustice in the particular case".
See also cases of OPOKU & ANOR (NO 2) v AXES CO LTD. [2012] 2 SCGLR 1214; BOAKYE v TUTUYEHENE[2007-2008] SCGLR; REPUBLIC v HIGH COURT, ACCRA; EX PARTE GHANA MEDICAL ASSOCIATION (ARCMANN-AKUMMEY INTERESTED PARTY) [2012] SCGLR 768.
I will hold and conclude on this point that the contention of counsel for the Respondents is an anaemic technical legal point bereft of any merit or substance and same is accordingly dismissed.
THE SCOPE OF THE SUPERVISORY JURISDICTION OF THE HIGH COURT
It is necessary for the purposes of clarifying the perimeters for the invocation of certiorari and prohibition that I set out the law on applications of this nature before dealing with whether the Applicant has made a good case for the reliefs he seeks from the court.
The Supreme Court in defining the ambit and scope of certiorari application in the case of REPUBLIC V HIGH COURT, SEKONDI, EX-PARTE AMPONG AKA AKRUFA KRUKOKO I (KYEREFO III AND OTHERS – INTERESTED PARTIES) [2011] 2 SCGLR, 716 AT 722 noted as follows on the remit of certiorari applications:
"An order of certiorari, it is trite learning, is a discretionary remedy granted on grounds of excess or want of jurisdiction and or some breach of a rule of natural justice".
In the case of REPUBLIC v CAPE COAST DISTRICT MAGISTRATE GRADE II; EX PARTE AMOO [1979] GLR 150 CA Apaloo CJ noted as follows on certiorari applications:
"As is well known, the remedy of certiorari is a useful tool in aid of justice and ought to be used to correct defects of justice whether they arise from illegality, fraud, breach of the rules of natural justice, error on the face of the record and the like. I am not even prepared to say that the category of cases in which this useful remedy can or should be used is closed. There is no reason why I should stifle the development of the law by any such assertion"
Another better rendition of the scope of certiorari was spelt out by the Supreme Court in its recent decision of REPUBLIC v HIGH COURT, ACCRA; EX PARTE THE CHARGE D'AFFAIRS, BULGARIAN EMBASSY; (Unreported) Suit No J5/34/2015 dated the 24th Feb., 2016; wherein the court noted as follows:
"It is well-settled that certiorari will be granted to quash a decision of a court that has been made without jurisdiction or in excess of jurisdiction or where there is an error of law apparent on the record that makes the decision a nullity. Certiorari will also be granted to quash a decision given in breach of a rule of natural justice".
In the case of TEMA DEVELOPMENT CORPORATION & MUSAH v. ATTA BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SERVICE [1984] 3 All. ER 935 of the ambit of judicial review noted as follows that:
"To qualify as a subject for judicial review the decision must have consequences which affect some person (or body of persons) other than the decision-maker, although it may affect him too. It must affect such other person either (a) by altering rights or obligations of that person which are enforceable by or against him in private law or (b) by depriving him of some benefit or advantage which either (i) he has in the past been permitted by the decision-maker to enjoy and which he can legitimately expect to be permitted to continue to do until there has been communicated to him some rational ground for withdrawing it on which he has been given an opportunity to comment or (ii) he has received assurance from the decision-maker will not be withdrawn without giving him first an opportunity of advancing reasons for contending that they should not be withdrawn….
For a decision to be susceptible to judicial review the decision-maker must be empowered by public law … to make decisions that, if validly made, will lead to administrative action or abstention from action by an authority endowed by law with executive powers, which have one or other of the consequences mentioned in the preceding paragraph'.
In the English case referred to by the Supreme Court in the TDC case, Lord Diplock identified three broad categories of acts amenable to judicial review. The first is illegality. That is the person who takes a decision in the performance of his public function must understand correctly the law that regulates his decision making power and be careful to give effect to the law.
The second is irrationality otherwise now referred to as the Wednesbury unreasonableness. This is in respect of a decision taken of a public nature and is so outrageous in its defiance of logic or of accepted moral standards that no reasonable person would have arrived at the decision.
The third comes under the rubric of procedural impropriety or failure to act with procedural fairness towards a person who is affected by the decision taken. These principles can also clearly be found in page 15 of the work "Judicial Review of Administrative Actions" (5th Ed) S & M London. See also the unreported ruling of my brother Asiedu J. sitting at the Fast Track Division of the High Court in ALBERT ANTHONY AMPONG v ATTORNEY – GENERAL AP 95/2009 dated 2nd December, 2009.
The Applicant no doubt has triggered the supervisory jurisdiction of the High Court under article 141 of the Constitution, where the Constitution grants power to the High Court over all lower courts and lower adjudicatory bodies in the exercise of that jurisdiction to issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers. Section 16 of the Courts Act, 1993, Act 459 echoes these powers granted to the High Court under article 141 of the Constitution. The powers of the court is given a comprehensive boost under article 23 of the Constitution which states as follows:
"Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other Tribunal"
That the actions of the Respondents in the performance of their official functions is amenable and within the scope and remit of the exercise of the supervisory jurisdiction of the High Court if the acts violate any of the known principles I have distilled supra. See ENEKWA & ANOR v KWAME NKRUMAH UNIVERSITY OF SCIENCE & TECHNOLOGY (KNUST) [2009] SCGLR 242.
Having set down the perimeters of the law, does the grounds of complaint of the Applicant meet the standard set by law? The reliefs Applicant seeks is based on the grounds of breach of natural justice (audi alteram partem rule) and two, error apparent on the face of the record. Has the Applicant demonstrated any of these grounds to the court to be entitled to the issuance of certiorari and prohibition? I will prefer to deal with the ground of error apparent on the face of the record first before turning to the audi alteram partem rule of natural justice.
ERROR APPARENT ON THE FACE OF THE RECORD What precisely is an error apparent on the face of the record? There seems not to be an authoritative pronouncement yet from our courts, at least, my research did not yield one. But it does appear that the phrase does not lend itself to easy definition and error apparent on the face of the record cannot be established with a degree of certainty and mathematical precision. There is some degree of latitude to be determined on case by case basis on what will constitute an error apparent on the face of the record. What is clear, however, is that an error cannot be deemed to be apparent on the face of the record, if one needs to journey beyond the scope of the record to determine whether the decision impugned is correct or not. The record, upon examination at first glance, must strike one and need no long arguments and submissions to establish it. The error must be blatant and visible. I am persuaded by the position given in the Indian case of BATUK VYAS v SURAT MUNICIPALITY AIR [1953] BAM 133 where Chagla CJ noted as follows:
"No error can be said to be apparent on the face of the record if it is not manifest or self-evident and require an examination or argument to establish it".
The second case I find that determined what an error apparent on the face of the record mean is from a decision of the House of Lords in the case of BALDWIN & FRANCIS LTD V PATENTS APPEAL TRIBUNAL [1959] A.C. 663, which dealt with patent action under section 9 of the Patent Act of UK, 1949 stripping the right of appeal against the decision of the Patent Appeals Tribunal except in the invocation of certiorari. The owner of a prior invention brought an application to quash the decision of the Patent Appeal Tribunal which had reversed the call of a superintendent examiner, that an application of a new invention would involve the reference to a prior invention. The owner of the prior invention invoked the supervisory jurisdiction of the House of Lords, that there was an error apparent on the face of the record and invited their Lordships to compare the two specifications. The court in rejecting this invitation noted at page 674 that:
"Here error cannot be detected simply by comparing two phrases in the judgment of the tribunal. Before error could be found the House of Lords would have to construe the relevant specification, a document addressed to technical experts, which cannot be construed without explanations from technical experts. If in order to detect the error the House of Lords would require the help of technical experts, it is a contradiction in terms to say that an error of law appears on the face of the judgment…. In considering what is the record the matter must be looked at quite strictly …"
It further noted that:
"The court should take care that on an application for certiorari it does not go behind the face of the record and decide a point of mixed fact and law. The error on the face of the record must be palpable and apparent. The record, according to Blackstone's definition, is what the inferior tribunal keeps "for a perpetual memorial and testimony" of its proceedings"
The final case on this point is the case of ACIT v SAURASHTRA KUTCH STOCK EXCHANGE LTD C/A NO. 1171 OF 2004 dated September, 15, 2008 the same Indian Court described an error apparent on the face of the record in the following terms:
"A patent, manifest and self-evident error which does not require elaborate discussion of evidence or argument to establish it can be said to be an error apparent on the face of the record…"
The record that Applicant complains about and seek to be quashed is Ex DPKN3, dated the 10th of October, 2016 and perhaps that part of page 11 of Ex DPKN2 that relates to the disqualification of the Applicant. Exhibit DPKN3 is a letter written to the Applicant by 1st Respondent in her capacity as the Returning Officer for the 2016 presidential elections. She informs the applicant of the regret of 2nd Respondent's inability to accept the nomination paper of Applicant because one subscriber, Richard Aseda endorsed Applicant's form in two different districts.
Taking Ex DPKN3, it would be difficult to conclude, without admitting further evidence and arguments that there is something palpably wrong with Ex DPKN2. And as there is the need for admission of further evidence and arguments to determine error, if any, I find and I am persuaded that the second leg of Applicant's challenge to the decision of the Respondents that there was an error apparent on the face of the record has not been made out.
AUDI ALTERAM PARTEM RULE OF NATURAL JUSTICE
I now turn to the first and main ground that Applicant anchors his application to invoke the supervisory jurisdiction of the court. That is the denial by the Respondents to the Applicant of a fair hearing before the announcement that he has been disqualified as a presidential candidate on the ticket of the PPP. Applicant's arguments oscillate from non-provision by Respondents of a nomination period through one where he argues that even if a nomination period was provided the time allotted the Applicant was unreasonable and breached Regulation 9(3) of C. I. 94 to one that the failure by Respondents to grant him a hearing before disqualification before the closure of the nomination period was bad in law and sinned against the audi alteram partem rule.
I think Regulation 9(1)(2)(3) and (4) of C. I. 94 would be very relevant and I find it useful to reproduce same here. It states as follows:
"9. (1) Whenever the nomination paper and the statutory declaration of a candidate are delivered and the deposit is paid in accordance with these Regulations, the candidate shall be considered to stand nominated, unless proof is given to the satisfaction of the Returning Officer of the candidate's death, withdrawal or disqualification.
(3) The returning officer shall inform a candidate that the candidate's nomination is invalid where
(a) The particulars of the candidate or the persons subscribing to the nomination paper are not as required by law; or
(b) The nomination paper is not subscribed to as required by law, and
shall give the candidate the opportunity to make amendments or any alteration necessary, within the stipulated nomination period".[emphasis mine]
The 9(3) deals with the steps that the Respondents would have to take after scaling 9(1) and (2).
The Regulation 9 must be read in tandem with the prior provision founded under Regulation 7 of the same C.I 94 that spell out the details that should be contained in the nomination paper of a candidate vying for the highest office of the land. It states that:
"7. (1) A candidate for election as President shall be nominated on a separate nomination form in a manner determined by the Commission.
(2) The nomination form for each candidate in an election for President shall
a) be signed by the candidate;
b) be signed by not less than two persons who are registered voters in the area of authority of each district assembly;
c) designate a person to serve as Vice President; and
d) be delivered to the Commission on or before the day appointed as nomination day in relation to the election
(4) A person shall not nominate more than one candidate in a presidential election.
(3) The nomination form shall be in quadruplicate and shall be delivered personally by
(a) the presidential candidate or
(b) any of the persons specified under sub regulation (2) (b) between the hours of nine in the morning and twelve noon and the hours of two and five in the afternoon on or before the nomination day
It is worthy of note in Regulation 7(2)(d) and & 7(3)(b) of the use of the phrase " nomination day" and in Regulation 9(2)(b) the use of the phrase "nomination period" within whose span a candidate is provided the chance to make amendments to his form. I cannot make a definitive determination of whether there was a breach of the audi alteram partem rule of natural justice without embarking upon an interpretation of the relevant provisions of C.I. 94 in relation to this dispute. And in doing so I am mindful of the basic rule that when a text is plain it needs no interpretation but effect must be given to it and it is only when there is ambiguity that a court needs to interpret. That statement itself is not free from controversy as Aharon Barak, the former President of the Israeli Supreme Court states that even plain text needs interpretation as it is through interpretation that the court can conclude that the meaning of a text or word is plain. He states that:
"Even plain text requires interpretation, and only interpretation allows us to conclude that its meaning is plain. That does not, however, mean that no text is plain".
The better way of constructing statutes is to interpret it as whole in a journey of discovering the intent of Parliament. Such that in the interpretative work of the Judge he ought to view the statute as a whole and it is out of this holistic appreciation that the necessary connections and inferences could be drawn from the various parts, provisions, clauses, words, phrases etc in an attempt to discover the intent and purpose of Parliament. This has been echoed time and again and in the words of Viscount Simmonds that:
"the elementary rule must be observed that no one should profess to understand any part of … any document before he had read it as a whole".
See also OSEI v AUSTRALIAN GOLDFIELDS LTD. [2003-2004] SCGLR 69.
The Applicant argues that where the 1st Respondent upon presentation of nomination papers, on the day appointed by the Respondents, as nomination day, Respondents find that the persons that subscribed to the nomination paper are not as required by law or the nomination paper does not meet the standard required by law, a candidate still stood nominated after the nomination day until the 1st Respondent had afforded an opportunity for amendment within the nomination period. And it was only when the opportunity had been offered within the nomination period for the amendment and the candidate was still unable to effect the amendment that the 1st Respondent shall consider the nomination paper as invalid and inform the 2nd Respondent with a decision being taken on it within seven days.
The principle of natural justice that Applicant relies on has been stated by the learned authors of Halbury's Laws of England (4th Ed Vol 1 @ 78) that no man shall be condemned unless he has been given prior notice of the allegation made against him and offered the opportunity to be heard. The Supreme Court touched on what it meant an opportunity to be heard in the case of AWUNI v WEST AFRICAN EXAMINATIONS COUNCIL [2003-2004] SCGLR 471; where the court speaking through Sophia Akuffo JSC noted as follows:
"I will not venture to give a comprehensive definition of what is fair and reasonable, since these qualities are dictated by the circumstances in which the administrative function is performed. At the very least, however, it includes probity, transparency, objectivity, opportunity to he heard, legal competence and absence of bias, caprice or ill-will".
The question for my determination is was the Applicant afforded the opportunity required by the provisions of the Rules under Regulation 9 of C. I 94, as dictated by the 'audi alteram partem' rule of natural justice, to be heard and to effect whatever anomaly that the 1st Respondent discovered within the nomination period before a decision was taken to invalidate his nomination paper?
What is nomination period and what is nomination day have not defined by the C.I 94. However, what is nomination day has been defined for the purposes of the Representation of the Peoples Law, PNDCL 284 and in relation to elections as "the day appointed for the nomination of candidates". It would then mean that nomination period under C.I 94 will be the period appointed for the nomination of candidates who have manifested an intention of contesting as candidates for both the presidential and parliamentary elections. And it would further mean, that nomination period would be longer than the nomination day or days considering the import of Regulations 7 and 9 of C. I. 94.
What then was the time appointed by the 2nd Respondent as the day and period for the nomination of candidates in compliance with Regulations 7 and 9 respectively? The only guide I have is Ex "DPKN1" captioned "Immediate Release [Thursday September, 08, 2016] Update on Preparations For December 7 Elections". The relevant portion for now is the following:
"The Electoral Commission has briefed the political parties on its preparation so far towards conducting the 2016 elections. At the Inter-Party Advisory Committee meeting held on Thursday September 8, 2016, the Commission advised as follows:
1. The Commission will be accepting nominations from Presidential and Parliamentary candidates on 29th and 30th September, 2016…"
It is therefore clear to me that the day(s) that the Commission was to receive the nomination papers from candidates was set to be the 29th and 30th of September and that to my mind will satisfy what is nomination day(s) within the contemplation of Regulation 7 (2)(d) of C. I 94. But the nomination period as contemplated by Regulations 9(3) of C. I. 94 was conspicuously not set by the Commission. Though the Rules clearly affords a candidate to present his nomination papers on or before the nomination day but it seems that per Ex 'DPKN1' the EC signaled its preparedness to receive nomination papers only on the 29th and 30thof September, 2016. The Applicant dutifully in compliance with the directions provided by 2nd Respondent appears to have presented his forms on the 30th of September, the last of the two nomination days set by the Commission for receipt of the nomination papers.
It is after the receipt of the nomination papers on the nomination day, and within the nomination period; that Respondents were under duty by law to inform the Applicant of any anomaly detected on his form. The Respondents purporting and proceeding under the erroneous assumption that the two days set for the presentation of the nomination papers coincided with the end of the nomination period, failed to afford any opportunity to the Applicant to amend his form. Granted that even the nomination period ended on the 30th of September, 2016 the denial of an opportunity to the Applicant to amend his form will be wrong. And if the nomination period did not end on 30th September, as I seek to posit supra that EC did not set any nomination period, the denial of an opportunity to the Applicant is even more fatal and incurably bad.
I am fortified in my view that "nomination day" as it appears in Regulation 7(2)(d) of C. I. 94 is different from "nomination period" appearing in Regulation 9(2)(b) of C.I 94 due to one of the presumptions of interpretation. That is presumption of consistent expression or meaning. This presumption is to the effect that different words or phrases used in an Act or Rule are presumed to have different meanings placed on them by Parliament. After all Parliament in an Act does not use words and phrases in vain. I have not found anything from C.I 94 that displaces this presumption.
On the contrary it would be absurd from a clear reading of Regulations 7 and 9 of C.I 94 that the framers of the Rules will vest in the hands of the 1st Respondent to provide an opportunity to candidates to amend within the nomination period and expect that the day the acceptance of the nomination papers ends is the day the nomination period closes. If one were to interpret the Rules that the end of the day(s) of acceptance of nomination papers ended the nomination period, it would be tantamount to the rules providing a right to a party in one breath and taking the same right away when there seems to be no claw back clause.
I think, in my respectful opinion, that it is contemplated within Regulations 9(2) of C. I 94 that a right is provided a candidate to amend or alter his forms after acceptance of same by the Returning Officer. And that the time for the end of the nomination period is set to last longer than the nomination date so that the nomination period span a time after the acceptance of the nomination forms. For that is the only way to make the enjoyment of the right afforded a candidate meaningful under regulation 9(2) of C. I 94. And to interpret it otherwise will mean the Returning Officer arrogating to itself the power to snatch from candidates what the Rules have given them. And the Returning Officer and the EC have no such power.
Assuming that even the court is wrong on this above point made, does it sit well with the Respondents to contend in this court that even though it told Applicant that he had the liberty to present his forms either on the 29th or the 30th of September, 2016; nonetheless, if Applicant has followed that instructions by bringing his form on 30th and not 29th September, Applicant has done so to his own peril because the days of acceptance of the nomination papers was the same as the end of the nomination period. This appears to me that Respondents intended to take from the Applicant what the Rules have afforded him. Applicant acted within the scope of the instructions of the Commission and cannot be made to suffer any penalty of denial of a hearing that the Rules under C. I. 94 give him before a decision was taken as to whether he had fully satisfied all the requirements necessary to contest as a candidate to the office of President of the Republic.
If the right to put oneself up as a candidate to contest an election is needlessly denied by the Respondents without due regard to well-trodden paths of fairness and propriety, it renders meaningless the exercise of the right to vote guaranteed by the Constitution in a participatory democracy. As the choice of a voter may have been denied him not through the fair means and processes prescribed by law. The conduct of the Returning Officer and the Commission in its denial of the right afforded the Applicant by law to make alteration or amendment to his form has been taken in a petulant fashion and their decision in respect of Applicant has been extremely perverse. The Applicant, Dr. Papa Kwesi Nduom, has made a clear case on the basis of the 'audi alteram partem' rule of natural justice for the grant of the reliefs of certiorari and prohibition.
Before I deal with the contention of counsel for Respondent that this court is impotent to make any further consequential orders to give directions regarding the opportunity to amend that Applicant seeks; I find it necessary and useful to respond to two pertinent riposte made by 1st Respondent in her affidavit in opposition to the Applicant's affidavit in support of his application.
First is the claim that the conduct of the Applicant in admitting that Richard Aseda signed in two different districts bothers on criminality and does not deserve the relief he seeks. I will not spend much ink on this submission save to say that counsel seems to misapprehend the import and the scope for the invocation of the supervisory jurisdiction of the court. Consistently eminent jurists have emphasized that certiorari application does not deal with the merits of one's substantive case but more with whether or not there had been a decision that is irrational, deprives a party of fair hearing, procedural impropriety etc.
This point was drummed home in the case of REPUBLIC v COURT OF APPEAL, EX-PARTE GHANA CABLE CO. LTD. (BARCLAYS BANK GHANA LTD – INTERESTED PARTY) [2005-2006] SCGLR 107 where at 118 of the decision, Dr. Twum JSC, noted as follows:
"Certiorari is not concerned with the merits of the decision. It is a complaint about jurisdiction or some procedural irregularity like the breach of natural justice".
Again on the case 16th of March, 2011 in the case of REPUBLIC v HIGH COURT, ACCRA; EX PARTE SALLOUM & OTHERS (COKER INTERSTED PARTY) Suit No J5/4/2011 the majority per Anin Yeboah JSC stated that:
"The courts in Ghana and elsewhere seriously frown upon breaches of the audi alteram partem rule to the extent that no matter the merits of the case, its denial is seen as a basic fundamental error which should nullify proceedings made pursuant to the denial".
These are enough to foreclose that argument. The second troubling claim of the 1st Respondent is that if it was just a fair hearing that Applicant complains of then he was amply afforded the opportunity to meet with 1st Respondent when he was disqualified. To reduce the denial of fair hearing that the law afford the Applicant before a decision is made to disqualify him to the meeting that took place after the disqualification of the Applicant is to trivialize the weightier and substantial mandate placed on the shoulders of the Returning Officer to afford an opportunity to the Applicant to amend his nomination paper within the nomination period before a pronouncement was made to disqualify him.
What was the usefulness of the meeting if it would not result in Applicant have the opportunity to effect the amendment or ensuring the compliance of the 1st Respondents with the law? The meeting of 13th October, 2016 cannot be advanced, in any way, as meeting the very intendment of the fair hearing that Regulation 9(2) of C.I 94 anticipate. The fair opportunity to amend the forms must precede any action to disqualify and not the other way round. I find that submission, again with profound respect to Sory, Esq. to be gravely pedestrian and peripheral.
The decision disqualifying the Applicant and as contained in Ex DPKN3 is ordered to be brought for the purposes of having same quashed and is hereby quashed by the court in the exercise of its supervisory jurisdiction.
Does this court have the power to order the Commission to afford opportunity to Applicant to amend the forms and receive same? Sory, Esq has made copious submissions on this issue and I understand them as follows: That article 46 of the Constitution insulate the Commission from any external control and that the case of ABU RAMADAN & ANOR v ELECTORAL COMMISSION & ANOR J1/14/16 and dated the 5th of May, 2016 reinforces this constitutional provision of insulation of the Commission from any control. In the Abu Ramadan case counsel relies on the dictum, of Gbadegbe JSC wherein he noted that:
"It is observed that in the exercise of the court's original jurisdiction, it is not permissible for the court to substitute its own decision for that of the body or persons exercising a discretion conferred on it by the Constitution. This is necessary to keep the court itself within its proper limits in order to give effect to the supremacy of the law …"
Counsel for Respondent will recall that Gbadegbe JSC proceeded to emphasis that when it had to do with the exercise of the discretion of the Commission, then it was not proper for the court to substitute its own discretion for the Commission. The finding that I have made of a breach of a right afforded the law to the Applicant regarding the opportunity to alter or amend his nomination paper, is not an exercise of a discretion of the Returning Officer and Commission but a mandatory obligation imposed on them by the law. And where Commission's actions disclosed any vitiating circumstances such as illegality, irregularity, unfairness or failure to satisfy an essential pre-requisite to the making of a decision that may justify the intervention of the court to set any exercise of discretion Commission aside.
I take umbrage under the glowing words of wisdom delivered at page 29 of the judgment by the learned Judge, Gbadegbe JSC as follows:
"The correct position is that the courts as constituted under the 1992 constitution may intervene in acts of the first defendant to ensure that it keeps itself within the boundaries of the law and also to give effect to provisions of the constitution. This is a jurisdiction that our courts have always exercised in relation to the first defendant of which the recent decision in the Abu Ramadan case (supra) is an example".
I adopt the above words as mine and as counsel for Respondents is fully aware that just yesterday the Supreme Court in the case of KWESI NYAME- TEASE ESHUN v ELECTORAL COMMISSION has ordered the Commission to furnish agents of political parties with collation sheets of signed declared results and for Commission to give agents of political parties a signed and completed copy of Form One EL 23A and One EL 23 B for parliamentary and presidential elections respectively, it should be clear to him that Commission cannot claim immunity from the directions of the court intended to give full meaning to the exercise of the court's supervisory jurisdiction.
I will proceed after quashing the decision of the Respondents disqualifying the Applicant as a candidate and order that the Respondents afford opportunity to the Applicant to make the necessary alteration or amendment to its nomination paper for it to receive same and then proceed to determine whether the Applicant had met all the criteria laid down by the laws of the Republic, in line with its duty laid down by C.I. 94. EC has no basis to complain that nomination period has closed when they did not set one. They only set nomination day under regulation 7 but not nomination period under regulation 9(2) as I have already found. The time frame to afford the Applicant is entirely within the discretion of the Respondents being mindful of the limited time available for the elections on December 7, 2016
In conclusion, I trust and hope, that this ruling dissolves doubts and illuminate our perception of the C.I 94 especially Regulations 7 and 9, an area that has been tormented by controversy and ambiguity. I will exercise my discretion not to award cost. Each party shall bear its own cost.
Eric K. Baffour, Esq.
Justice of the High Court
Representation:
Applicant – Present
1st Respondent – Nii Ayikoi Otoo, Esq. with Gary M. Nimako, Esq., Felix Ograh, Esq., Dennis Ofosu Appiah, Esq., Barbara Brown, Ms, Cecil Adasi, Esq and Naa G. Ayiko Otoo, Ms for Applicant – Present. Thaddeus Sory, Esq., with Sean Poku, Esq., and Theodora Tawiah Armah, Ms for Respondents – Present.
Source: Accra High Court, Commercial Division
dr nduomec vs ppp nduomhigh court rulingpppppp awakeppp ghana
⟵Party faithfuls thronged the Accra High court, to show their love and support towards Dr. Papa Kwesi Nduom and the Progressive Peoples Party, Friday.
Court cuts EC to size as Nduom dedicates victory to democracy⟶ |
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} | 92_67253 | Home News Local News Supreme Court will today rule on the Electoral Commission's suit challenging the...
Supreme Court will today rule on the Electoral Commission's suit challenging the High court ruling asking it to allow the PPP's presidential candidate to correct the errors in his presidential nomination forms.
Think Ghana
The Supreme Court will today rule on the Electoral Commission's suit challenging the High court ruling asking it to allow the PPP's presidential candidate to correct the errors in his presidential nomination forms.
The EC disqualified Dr, Papa Kwesi Nduom and 12 other people from the December polls for various errors detected in their nominations.
But the High Court presided by Justice Kyei Baffuor ruled that the EC was unfair in the decision. The court said the commission failed to set a nomination period for the submission of the forms. It said a nomination period would have determined the final day for the submission of the forms and given the EC legitimate basis to reject forms not properly filled.
The Commission has however appealed the decision, asking the apex court to bring clarification to the matter.
The Chairperson of the Commission Charlotte Osei has revealed the decision of the court will affect the other similar cases involved.
"The decision was taken by the Commission not to accept the 13 nomination forms that were presented by the other candidates. The court has not said that those failings were not there. The dispute has been as to what is the nomination period." Thus she said, "we have felt that because we have five candidates challenging; it is better for us to go and challenge this at the Supreme Court so that there is one definitive ruling that covers everyone." "The Supreme Court has heard both sides. It is going to give a ruling on Monday. When the ruling is given, we would respect it," Mrs. Osei said at the Royal Institute of International Affairs in the United Kingdom.
She added: "Even when it has been very difficult for us, we have made sure that we were following the law very strictly."
Source:Ghana/StarrFMonline.com/103.5FM
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Next articlePresident John Mahama has cautioned the youth in Zongo communities not to allow themselves be used to cause trouble during the December polls. |
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} | 50_68797 | EC writes to Nduom, others to correct nomination form errors
The Electoral Commission has asked the Progressive People's Party (PPP), to bring before it, one Mr. Richard Aseda, who subscribed to the party's flagbearer's forms in two different districts.
The EC's letter to the PPP and others, comes barely hours after the Supreme Court ordered it to allow all the aspirants to correct the errors on their forms.
The EC, which had gone to the Supreme Court to quash a High Court ruling that favoured Dr. Papa Kwesi Nduom, also wanted the Court to make a determination to affect all the other pending suits.
[contextly_sidebar id="M2iksbHKYUpSNBK8VnWgsDZ5pDAX6u0r"]Portions of the EC's letter copied to the PPP and cited by citifmonline.com reads; "Kindly take the requisite steps to procure the attendance of Mr. Richard Aseda (who is listed as a subscriber on pages 21 and 39 of your nomination) at the head office of the Commission, prior to the close of nomination, to confirm that he actually subscribed to your forms and the district in which he is subscribed."
It also said " Please find attached a list of other concerns and discrepancies found on your nomination form within the extended nomination period. These include signatures which do not tally across copies of your form."
The Commission disqualified the PPP's flagbearer, Dr. Nduom, and 11 others because there were errors on their nomination forms.
With respect to the PPP, the EC accused Mr. Aseda of subscribing to Nduom's forms at two different districts.
But the PPP and other parties sued the commision for taking such action against them but the EC went to the Supreme Court after it was ordered by an Accra High Court to allow the PPP to rectify the errors on Nduom's form.
Meanwhile, the Supreme Court on Monday [November 7, 2016] ordered an extension of the nomination period to November 8, 2016.
EC writes letter to other disqualified nominees
The Electoral Commission has also written letters to the other 11 disqualified parties, pointing out the various errors in their nomination forms, reminding them of the guidelines for the filing of the nomination forms.
Below is the full letter from the EC to the PPP
Re-Presidential Election Nomination
We refer to the Supreme Court ruling on Monday 7, 2016 in the case of the R vs High Court (Commercial Division) Accra Ex Parte Electoral Commission (Applicant) and Papa Kwesi Nduom (Applicant).
The Court in the said case, ordered that the Electoral Commission extend the nomination period of Monday 7 November 2016 to 17.00 hours GMT on Tuesday 8 November 2016. The court further ordered that you be given a hearing within the extended period and that we afford you the opportunity to comply with regulation 9 (2) (b) of CI 94, in appropriate cases.
You would recall that by our letter to you on October 10, 2016, we informed you of two subscriptions that were not as required by law on pages 21 and 39 of your form. Following the ruling of the Supreme Court, which effectively extended the nomination period to November 8, 2016, and following the hearing provided you today, we should be grateful if you would do the following.
Kindly take the requisite steps to procure the attendance of Mr. Richar Aseda (who is listed as a subscriber on pages 21 and 39 of your form) at the head office of the Commission, prior to the close of nomination, to confirm that he actually subscribed to your forms and the district in which he subscribed.
Further, please find attached a list of other concerns and discrepancies found on your nomination form within the extended nomination period. These include signatures which do not tally across copies of your form.
Please be advised that in line with the requirements of law;
i. You must have a minimum of two subscribers in every district of Ghana and that your subscribers are all validly registered voters;
ii. That your subscribers have duly endorsed your nomination papers as required by law.
iii. A subscriber cannot nominate more than one presidential candidate
By: Godwin A. Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin
PPP supporters jubilate over Supreme Court's judgment
Citi News Daily: Monday 7 November, 2016 |
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} | 19_149938 | PPP Vs EC: We Will Go To Supreme Court If ... Ayikoi Otoo
Nii Ayikoi Otoo, lawyer for the Progressive People's Party (PPP) has expressed optimism in the High Court hearing the case of the disqualification of the party's flagbearer, Dr Papa Kwesi Nduom, from the December 2016 elections.
Nonetheless, he said the party would resort to the Supreme Court should Friday's ruling go against their wishes.
Speaking to journalists after Tuesday's hearing, Nii Ayikoi Otoo said, per CI 94, it was clear that the Electoral Commission (EC) erred in disqualifying Dr Nduom and has so far failed to offer any good explanation for his disqualification.
He explained that it was not for nothing that the law states that aspirants should be given ample time to amend and alter mistakes on their nomination forms if any.
"The law provides that when I present my forms look through and if you find anything wrong, give me an opportunity to correct and if I fail to correct then you do the endorsement, give it to the EC and within seven days let the EC make a decision.
"I bring my forms to you on the 30th. You accept the forms. You told me nothing, go, you'll hear from me. Then on the 10th the only hearing is that I have been disqualified. Have you acted according to the law? Did you give me the opportunity to do the corrections?" he quipped.
Nii Ayikoi Otoo added that, "If parliament wanted everybody who commits an error to be disqualified, (it) would have said so. It wouldn't say that give the person opportunity to go and amend; not only amend but alter. What do you understand by those two powerful words? I can change anything on the forms. So they failed clearly and they have not offered any good explanation.
"So having misbehaved, she cannot benefit from her wrong doing… Did she act in a rational manner? Was she fair? These are the issues. She breached all the laws which also amount to illegality. The errors are all there, apparent on the face of CI 94…Everybody has understood this position and I don't expect the judge to go any other way," he observed.
Dr Nduom was disqualified from contesting in the December elections because he failed to provide the required number of subscribers for nomination.
According to the EC, one Richard Aseda who subscribed to Dr Nduom's nomination did double endorsement, first in the Central Region and then in the Volta Region.
Following his disqualification, Dr Nduom filed an application for judicial review at the High Court, praying the court to quash the EC's decision to disqualify him and a further order directed at the Chairperson of the EC, Mrs Charlotte Osei, to grant him "the opportunity to amend and alter the one anomaly" found in his nomination papers, as well as accept his nomination forms as amended and or altered to enable him to contest the elections.
Source: Daily Graphic
National Peace Council's Silence 'Disappointing' � PPP
Dumelo And Co Have Not Been Paid For NDC Endorsements |
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} | 38_21612 | Extension For Disqualified Aspirants Too Short � Ayikoi Otoo
Lead Counsel for the Progressive People's Party (PPP), Nii Ayikoi Otoo, has expressed fears that the new deadline for the submission of nomination forms, tomorrow [Tuesday] 5:00pm, may not be enough for the affected political parties and their aspirants.
This follows a Supreme Court order to the Electoral Commission (EC) to extend the nomination period to the close of Tuesday, November 8, 2016, for all disqualified presidential aspirants to make the necessary corrections on their nomination forms.
Speaking to the media after the judgement, Mr. Ayikoi Otoo, a former Attorney General, said a two-day window would have been preferable to afford the parties more time to correct their errors.
"Today is Monday; and the close of day tomorrow [Tuesday], at 5:00pm, may not suit everybody; so I thought perhaps Wednesday would have been better so that they have two days to do the corrections and close of day Wednesday, they can present them.
But unfortunately, the Supreme Court is saying that once the election is fixed for the 7th of December, it is better we work had to ensure that we work within the period," he explained. Mr. Ayikoi Otoo however said the period for the correction would be enough for the PPP as he noted that "we have only one anomaly which we will deal with."
The Commission disqulified Dr. Nduom because the number of subscribers to his nomination forms did not meet the requirements of the EC's regulation, and one subscriber endorsed his forms in two different districts. Background But the EC went to Court because it disgareed with the High Court ruling. Among other things, it prayed the court to quash the decision of the High Court, and also make a ruling that will settle all other suits on the disqualification.
The Supreme Court justices in their ruling on Tuesday, also ordered a suspension of all lawsuits challenging the EC's disqualifications of flagbearers, for all those affected to amend the errors on their forms. In explaining the judgment of the seven-member panel of Justices, the presiding Justice, Sophia Adinyira, said their decision was to enable the EC give hearing to all parties involved in the legal tussle over the qualification, due to limited time left for the election to be held.
Source: citifmonline.com
Corruption Is A Major Threat To Attaining Ghana Beyond Aid - Osafo-Maafo |
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} | 66_81455 | Home News It is time to start prosecuting EC officials for alleged wrong doing...
It is time to start prosecuting EC officials for alleged wrong doing – Ayikoi Otoo
The time has come for officials of the Electoral Commission (EC) who are found to have engaged in electoral fraud to be put before the courts to answer questions, Nii Ayikoi Otoo, Ghana's High Commissioner to Canada, has said. The former Attorney General under the Kufuor administration made the comments while speaking on TV3's Key Points programme on Saturday January 2. The discussion was on the election petition filed at the Supreme Court by the Presidential Candidate of the National Democratic Congress (NDC) John Dramani Mahama. The NDC and Mr Mahama on Wednesday December 30 filed the petition at the apex court which seeks, among other things, a rerun of the presidential elections, asking the Court for an order to restrain Nana Addo Dankwa Akufo-Addo, the Second Respondent, from holding himself out as President-elect. Mr Ayikoi told host of the programme Abena Tabi that "You find out that in the law, it is not only people who come to commit offences who are held liable but even officials of the EC could be also be held liable for having done wrong things. "It is about time we started putting some of them before court. "There was one on social media where some body was alleged to have opened a private polling station for children, he was arrested and was begging." Regarding the election petition, he said that the NDC has a bigger responsibility to prove their case in court after filing an election petition challenging the results of the December 7 elections. He said that they will need to present an evidence to prove that no presidential candidate in the election crossed the 50+1 to win. "They are saying nobody crossed the 50+1. So they have a bigger responsibility in my view, to [prove]. He added "The idea that was fed out to the public was that somebody has done something wrong and that we have won the presidential and parliamentary but if you read the petition there is a clear request for a rerun which is based upon the fact that constitutionally nobody crossed the 50+1 . "That is a different ball game altogether compared with what we were hearing before the petition was filed. "You should be bold to say that 'I won the election, this person did not win the election but their style is different." For his part, a private legal practitioner Martin Kpebu proposed that the electoral laws should be amended to allow respondents in an election petition to be served electronically. Mr Kpebu said "If the parties and the court intend to insist on the time that have been allocated it will mean in practical terms we will go beyond 42 days . As we sit now since the president has not been served they can't start. "So it means that if it takes one week or seven days to serve the president, it means you have 42 + 7. If the judges want to give us 42 days then they may have to give up part of their time. "Moving forward the next time we are going to have an election, there should be a column where we will say that the candidates should provide their email address for service in the event of an election petition so that electronically you can be served. I can't imagine trying to get security clearance to go and serve him. It is ridiculous." By Laud Nartey|3news.com|Ghana ]]>
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} | 25_61058 | Supreme Court throws out Tsatsu Tsikata's objection for recusal of Justice Honyenuga
BY: Emmanuel Ebo Hawkson
The Supreme Court has dismissed an objection seeking the recusal of one of the Justices of the court hearing a case that might affect the Hohoe parliamentary election.
Mr Tsatsu Tsikata, lawyer for five individuals challenging the legality of Mr John Peter Amewu as the Member of Parliament (MP)-elect of Hohoe, raised an objection asking for the recusal of Justice Clemence Jackson Honyenuga, one of the five Justices of the Supreme Court hearing the case
According to Mr Tsikata, Justice Honyenuga was a close friend of Mr Amewu and therefore would be bias if he continued to be part of the five-member panel that will decide the case.
However, in a unanimous ruling Monday, January 4, the five-member panel of the apex court held that there was no merit in the objection raised by Mr Tsikata.
The court held that an allegation of bias against a judge was a serious case which must be backed with "irresistible evidence."
"There is no merit in the objection, and same is overruled," the court held.
The panel was presided over by Justice Yaw Appau, with Justices Samuel K Marful-Sau, Honyenuga , Gertrude Torkornoo and Amadu Tanko as members.
Case at the Supreme Court
The case is at the Supreme Court after the Attorney-General invoked the supervisory jurisdiction of the apex court to challenge a decision by the Ho High Court to put an injunction on the gazetting of Mr Amewu as MP-elect and ultimately his swearing-in as MP.
The A-G is seeking an order of certiorari to quash the decision of the Ho High Court, and also an order of prohibition to stop the High Court from hearing the matter challenging the legality of the election of Mr Amewu.
Making a case for the recusal today, Mr Tsikata argued that he was ready to present witnesses who would testify to the effect that Justice Honyenuga had a "long standing personal and close relationship with Mr Amewu."
Allowing Justice Honyenuga to be part of the panel, he argued, would defeat the principle of the rules of natural justice because Justice Honyenuga would be a judge in his own cause.
Counsel even wanted the court not to allow Justice Honyenuga to be part of the panel that would decide his application for him (Justice Honyenuga) to recuse himself as a member of the panel.
The presiding judge, Justice Appau, however, reminded counsel that Justice Honyenuga had denied any personal relationship with Mr Amewu.
He also told counsel if such an allegation was made, it was the presiding judge, in this case, which includes Justice Honyenuga, who must decide the case.
A-G's response
In his response, a Deputy A-G, Mr Godfred Yeboah-Dame contended that Mr Tsikata's application was unmeritorious and had no basis in law.
The Deputy-AG argued that Mr Tsikata had failed to substantiate his claims that Justice Honyenuga was a close friend of Mr Amewu.
"Counsel owes a duty to allude to certain circumstances suggestive of bias or real likelihood of bias," he said.
Writer' email: This email address is being protected from spambots. You need JavaScript enabled to view it.
topstories, Election Petition, trending, Election 2020
Ashanti Regional Health Directorate issues guidelines as schools reopen |
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} | 49_14224 | Abodakpi fights Ahwoi over book about Rawlings
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ELECTIONS 2020 Featured Politics
BREAKING NEWS: NPP CONSTITUTES THE MAJORITY IN PARLIAMENT � …
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NPP MAINTAINS MAJORITY NDC SITS ON MINORITY SIDE
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I WON THE 2020 ELECTIONS HANDS DOWN- AKUFO-ADDO
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ELECTIONS 2020 (158)
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Home Politics John Mahama: Supreme Court's ruling on new voters register highly disappointing
John Mahama: Supreme Court's ruling on new voters register highly disappointing
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Mr Mahama, expressing his dissatisfaction, said the Supreme Court's ruling is disappointing to the NDC and Ghanaians at large.
According to John Dramani Mahama, the flagbearer of the opposition National Democratic Congress (NDC), he is dissatisfied with the ruling of the Supreme Court allowing the Electoral Commission (EC) to compile the new voters register ahead of the general elections in 2020.
In a televised broadcast on Thursday, June 25, he said "The supreme court of the Republic of Ghana gave its ruling in a case brought by the NDC against the Electoral Commission of Ghana over its decision to compile a new voters register … the apex court of our land has given a leeway for the EC to go ahead with the exclusion of the existing voter identification card from the list of identification requirements for the registration for the register. We are deeply disappointed and we strongly disagree with the court over this outcome which has confounded many legal experts and indeed has thrown the whole country into a state of confusion."
Mr Mahama also added that the Supreme Court made the decided deliberately to give reasons for their judgement on July 15, 2020; two weeks into the registration exercise just to favour the EC.
Lamenting over the issue, he said "Our legal team is examining this decision even as we await the full reasons for this judgement. It is also worrying that the court deferred the reasons for its decision to 15th of July, a date by which time the EC would have been two weeks into the said registration exercise."
However, Mr Mahama stressed that the NDC strongly believe and will continue to promote democracy within Ghana as it is the fundamentals on which the party was built and formed .
"Throughout its history, the NDC has stood strongly for an inclusive democracy, that is because our party is built on the principle that no one should be left out in the governance process of Ghana," he said.
On Thursday, June 25, 2020, the Supreme Court unanimously dismissed a case filed by the NDC to stop the EC from compiling a new voters register for the December 2020 general elections.
In their writ, the opposition NDC stated that the EC's decision to start a new voters register was unnecessary and costly. It will also disenfranchise a lot of Ghanaians since most of them do not have the Ghana Card or passport which is also one of the primary requirements for the registration.
The NDC party was praying the court directs the EC to add the existing voters ID card as well as birth certificates as part of the requirement. However, the Supreme Court did not find merit in the NDC's case, therefore, ruling in favour of the EC.
SOURCEChris Danquah
Mahama
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EC hit with a third lawsuit over voters register
The Electoral Commission has been sued again over its decision to compile an electoral roll – the third of such a legal challenge over the controversial matter.
The latest lawsuit has been filed by the Member of Parliament for Ashaiman Constituency, Ernest Nogbey, and is praying the Accra Court to give an order that the Electoral Commission does not have the mandate to compile a new register.
Two suits have already been filed against the Commission over the matter.
The opposition National Democratic Congress (NDC) and one Mr Mark Takyi-Banson, a private citizen, have both gone to court seeking to stop the EC from going ahead with an ongoing process to compile a new electoral roll for the December 2020 general elections.
While the NDC and Mr Takyi-Banson have gone to the Supreme Court, the latest lawsuit has been filed at the Accra High Court.
The NDC and Mr Takyi-Banson are praying the Supreme Court to exercise its power of interpretation and enforcement to compel the Electoral Commission not to compile a new register.
They also want the apex court to cause the EC to allow the use of voters ID card and birth certificate, if the court allows the EC to do so, as proof of identification.
The latest case filed by Mr Norgbey is seeking a judicial review and is asking the High Court to restrain the EC from undertaking the exercise.
The legislator also wants the High Court to rule that the current voters register until revoked by a law passed by Parliament, is the only register that can be used for the conduct of the 2020 election.
The two previous lawsuits have been slated for hearing on Wednesday, June 24, 2020, and the new case filed by Mr Norgbey is due at the High Court on Monday, June 29.
Source: www.ghanaweb.com |
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} | 56_109 | Home / Feature / Did The NPP Create A Generic Loophole With The Voters Register Whiles In Office
Did The NPP Create A Generic Loophole With The Voters Register Whiles In Office
Posted on July 29, 2015 by theheraldteam in Feature
Isn't it strange that, the New Patriotic Party (NPP), started making noise about the voters register and calling for it to be cleaned of ghost names and minors, when the party lost the 2008 elections.
It is now becoming annoying the number of calls from members of the party on the Electoral Commission (EC) to clean the register, with the ridiculous demand coming from the offshore presidential candidate of the NPP, Nana Addo Dankwa Akufo-Addo, he is calling for the scrap of the current register for a new one.
What do they know that, the rest of us don't know, for which reason they kept hounding us, since they lost the 2008 election about the lack of credibility of the voters register?
Prior to the 2012 elections, Gabby Asare Ochere Darko, a cousin of Nana Addo and an NPP surrogate the Danquah Institute (DI), waged a relentless war on the introduction of the biometric voter register, upon further interaction with the stakeholders, the proposal was accepted and new registration commenced, immediately that was done, the D.I and members of the NPP, pushed for No Verification No Vote.
The no verification no vote idea was a laudable one, as many people saw it as a process of deepening our democracy and having a credible election; the 2012 election came and went, with the Presidential candidate of the National Democratic Congress (NDC), President John Dramani Mahama, trouncing the old man.
The political party that pushed for all the reforms prior to the election, cried foul and proceeded to the Supreme Court to invalidate the election, the petition which dragged on for nine months, was eventually thrown out by a majority decision.
The Chairman of the EC, Dr. Kwadwo Afari Djan, was shredded into pieces, called names and accused of rigging the election for the NDC.
His exit from office, should have been celebrated by all Ghanaians, because his tenure as the EC boss, brought to power candidates of the two major political parties, i.e. the NDC and the NPP, but that was not to be, he exited the office like a criminal, who has been pardoned.
I pity Mrs. Charlotte Osei, the new EC boss, if she was my sister, aunty or mother, I would have told her not to take the job, as she will not receive her due, when it is time for her to bow out.
She had barely settled into the chair, before the NPP started their usual demands again for a new register.
Elections are won or lost at the polling stations, that is the place anybody with sinister motives can execute their agenda, not the strong room of the EC, so political parties, must guard jealously at the polling stations, making noise on in the media and going to bed won't prevent others from manipulating figures.
In every election, Ghanaians get the leader they want, I am, therefore surprise at the NPP; they do not do their homework before making some demands on the EC and by extension Ghanaians.
Nobody needed a soothsayer or a pollster, to tell Ghanaians that in 2000, Ghanaians wanted a change. It did not matter who was leading the NPP then. The NDC lost the election; it was not the NPP that won.
The call for change resonated with Ghanaians, to the extent that you even had members of the NDC, calling for that change, just to water down the influence of President Jerry John Rawlings in the party and the country, he had become a towering figure that people felt his presence, was preventing them from achieving their aim.
President John Agyekum Kufuor, came to power on the back of that change. In 2004, when he won, Ghanaians still felt he had not completed what he started, so they was the need for continuity.
In 2008, the NPP as it is now, went into the polls with a divided front, it was rumoured that, President Kufuor, did not support the candidature of Nana Addo, it was the reason both leaders failed to show up at Tein.
The NPP, started going slowly on the path of destruction and it has persisted until today.
President John Evans Atta Mills was destined to win the 2008 election, because God and Ghanaians said so, whether the voters register was bloated or not.
Two different results in 2008 came from the Ashanti Region, yet that did not alter the outcome of the 2008 polls.
In 2012, upon the demise of President Mills, President Mahama, attracted a following comparable only to what President Rawlings had in the 80's. Both young and old rallied around him, people who hitherto, were not known politically came out to campaign for him. We had the formation of many groups, all in the bid to get him
elected.
A little history, will tell Nana Addo and his NPP that, the voters register whether bloated or not, does not determine who leads the country. It is the will of God and the wish of the people he wants to govern.
The call for a new register is targeted at a section of Ghanaians, who do not vote for the NPP, this unabated calls of new register is because of the Volta Region, where the NDC get the junk of their votes.
In 2008, the General Secretary of the NPP, Kwabena Adjei Agyepong, had the audacity to ask, whether they were human beings in Hohoe.
If a frog comes out of the water to tell you that, the crocodile is sick, who are you to doubt it. Members of the NPP, are exposing themselves with these calls that are deafening our ears, it is becoming too much.
What is it that they know that, we do not know, perhaps if they are generous and frank enough to tell us, we can all understand their plight, as things stand now, I strongly feel that, they are hiding their true intentions from us.
The only group of people, who see everything wrong with our voters register and electoral process is the NPP, even other countries, come here to learn what we are doing, if the process is flawed, I do not think anybody will come.
We have achieved a milestone, but we can only get better.
If after every four years, we will need to do a new voters register, what money will be left to develop the country. For politicians, we understand that, even if they is no money, they will steal the little that is left, so for them, they will always be comfortable.
The NPP is not the only political party contesting the 2016 election. We have witnessed astronomical figures coming from their stronghold, are we also to take it that, they know what they do there, that they are afraid it is perpetuated elsewhere?
Nana Addo, is in the United Kingdom (UK), calling for a new register, he has abandoned his job of campaigning in Ghana, where he wants to be president.
Sir, the election will not be held in UK, come home and campaign, and leave the rest to Ghanaians and God, the voters register, won't help you. This is the same road you took in 2012, when you lost, you turn round to accuse the EC and NDC of rigging the election.
Our democracy has come of age, we need to trust the institution mandated to organize elections that, it will do what is necessary, fair and lawful, at every point, the place will be run by Ghanaians, and human beings, who will make mistakes, we only need to support and encourage them.
But running the whole institution down, because Nana Addo, has not become President, is not helping.
Ghana is not for Nana Addo.
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} | 33_6584 | Akufo-Addo sworn in as Ghana's president for a second term
Ghana's President Nana Akufo-Addo [Photo: Africa Feeds]
Jan 7th, 2021 – Nana Akufo-Addo has been sworn in for a second term, as Ghana's president in Parliament House, in the capital city Accra. This is a change of venue from the usual Independence Square where he was sworn-in four years prior.
It comes a day after scuffles between rival politicians broke out in parliament as Members of Parliament were voting on a new speaker.
The situation escalated after one MP snatched a ballot paper and tried to run out of the building with it.
"There was total breakdown of law and order," said MP-elect Kwame Twumasi Ampofo of the opposition National Democratic Congress (NDC).
The scuffles between Members of Parliament from the NDC and Mr Akufo-Addo's New Patriotic Party (NPP), were eventually broken up by soldiers who briefly intervened.
Akufo-Addo, won over his main rival former President John Mahama, in the December 2020 elections with 51.6% of the vote compared with 47.4% won by Mr. Mahama
However the opposition party, National Democratic Congress rejected results of the December 7th polls.
It then filed a petition at the country's top court, seeking for a rerun of polls between the main opposition party leader Mr. Mahama and the incumbent president.
In his re-election victory speech, Akufo-Addo told the opposition, "Now is the time, irrespective of political affiliations, to unite, join hands and stand shoulder to shoulder." |
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} | 72_26295 | HomeTop NewsOpinion: Akufo-Addo Should Avoid the Santa Claus Blunder of 2008 – By Kwame Okoampa-Ahoofe, Jr., PhD
Opinion: Akufo-Addo Should Avoid the Santa Claus Blunder of 2008 – By Kwame Okoampa-Ahoofe, Jr., PhD
04/10/2018 ANA Top News 0
President Nana Addo Dankwa Akufo-Addo/Photo: Presidency
The Asante Regional Chairman of the National Peace Council, Prof. Seth Opuni Asiamah, may be reacting disingenuously and gratuitously to the public claim by the Independent Special Public Prosecutor, Mr. Martin ABK Amidu, that the latter is not getting the requisite assistance that he direly needs to effectively execute his official mandate. You see, before he stakes out the rather presumptuous claim that Mr. Amidu has been availed with all the necessary basic incentives for effectively performing his duties, and that the Special Prosecutor is simply not up to snuff or par with the job, as it were, Prof. Asiamah ought to be able to tell us precisely what such incentives or basic tools are before proceeding to conclude that the Special Prosecutor has become or is already an epic failure. Prof. Asiamah cannot facilely assert that it is Mr. Amidu who needs to put in place the necessary implements or processes to enable him to work successfully and desirably.
For starters, the former Atta-Mills-appointed Attorney-General and Minister of Justice has categorically and publicly stated that evidentiary documents that he direly needs to successfully prosecute established cases of official corruption are being stiffly denied him by some cabinet or ministerial appointees of the Akufo-Addo Administration. Now, what Prof. Asiamah needs to do is to personally find out precisely who these apparently ardent Akufo-Addo detractors are, and the fact of whether, indeed, any such willful and vicious detractors exist at all. And then matters could be taken up from this point. Self-righteously and gratuitously contradicting the Special Prosecutor without presenting any substantive evidence to the foregoing effect, makes the Peace Council capo complicit in the apparent shenanigans by the internal detractors of the Akufo-Addo Administration. But, of course, even more significant if for the Special Prosecutor to promptly take up this most crucial and critical matter with President Addo Dankwa Akufo-Addo and Attorney-General Gloria Akuffo.
Merely complaining bitterly and publicly, largely out of a quite understandable frustration, may briefly let the public in on some of the teething problems he has had to face on his most significant and sensitive job and even score him some cheap political points in the short term, but it does not paint a delectable portrait of the hitherto very popular "Citizen Vigilante." To be certain, such very public plaint actually impugns the professional integrity and administrative competence of the man. Nevertheless, it is equally disingenuous for Prof. Asiamah to assert that Mr. Amidu is a career politician and an experienced insider who knows the inner workings of the country's criminal justice and judicial system. That may perfectly be an accurate assessment to make, but it does not negate the fact that the one-time Vice-Presidential Candidate of the main opposition National Democratic Congress (NDC) is decidedly not an insider of the Akufo-Addo-led government of the New Patriotic Party (NPP).
This problem must have reared its proverbial ugly head primarily because Nana Akufo-Addo may have blundered by playing the sort of counterproductive all-welcoming Santa Clause that he played in the wake of the NPP's 2007 presidential primary, when he facilely and indiscriminately brought most of his political rivals and ardent internal political opponents and detractors into his 2008 presidential campaign. This woefully uncritical conciliatory decision would haunt Candidate Akufo-Addo for the next two electoral seasons or cycles, as most of these miscalculated and mistaken ideological loyalists and associates came to envisage the former Justice and Foreign Minister as a veritable stumbling block to their several and collective presidential ambitions.
What Nana Akufo-Addo clearly needs to do right now is to have Mr. Amidu promptly and categorically name all those cabinet and non-cabinet executive appointees who have allegedly been giving the Special Prosecutor the run around and forcefully crack the whip; which means that either these administrative bottlenecks and veritable political nuisances promptly shape up or have President Akufo-Addo promptly ship them out and progressively move the country ahead.
The views expressed by this author remain solely their own and are not to be taken as the view of the Editorial Board of www.africanewsanalysis.com, www.zongonews.com and ZongoNews Radio & TV
Martin ABK Amidu
Seth Opuni Asiamah
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} | 80_122368 | Home/NDC
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} | 64_76219 | Home General News Featured You don't appreciate the temperature of the country – Bagbin tells MPs as he decides to order their arrest
Featured General News Local News Politics
You don't appreciate the temperature of the country – Bagbin tells MPs as he decides to order their arrest
Speaker of Parliament, Alban Bagbin, has scolded Members of Parliament (MPs) for misbehaving in the House.
He has decided to order the arrest of lawmakers who continue to misbehave in the House and be thrown out.
"What is happening in this parliament is completely unacceptable. I am not sure you have an appreciation of the temperature of this country, neither am I sure you know the arduous nature of the responsibilities that have been placed on your shoulders.
"You are all mature adults, what I am talking about is still happening. The Marshals department, get ready, I will be compelled to get the Marshalls to get people arrested and be sent out. Parliament is not a place for joking, it is a place for business, serious national business. The parliament we are in has not been in Ghana, even the Gold Coast. This is a different type of parliament and we must be prepared to change," the Speaker said on Wednesday February 23 in Parliament.
He further told his First Deputy, Joseph Osei Owusu (Joewise) that the attitude of dismissing a decision he Mr Bagbin has taken, is illegal and offensive.
Mr Bagbin said the action is also unconstitutional.
This comes after Joewise overruled an earlier decision taken by Mr Bagbin on the motion filed by the Minority that was seeking a probe into the Covid-19 spending. Mr Alban Bagbin had early admitted the motion.
A livid Bagbin who noted that this is the second time Joewise is rubbishing his decisions said in Parliament on Wednesday February 23 "The penchant of the 1st Deputy Speaker to overrule my ruling is to say the least, unconstitutional, illegal and offensive. Be that as it may I shall not be taking any steps to overrule the decision of the 1st Deputy Speaker to dismiss the motion as moved by the Honorable ranking member of the Finance Committee."
Mr Bagbin further assured that the two of them will meet and find a way out in order to prevent this development for recurring.
Regarding this matter, Deputy Majority Leader in Parliament, Alexander Afenyo-Markin said the Minority were being partisan with the motion they filed to investigate the utilization of Covid funds by the Government of Ghana.
The Effutu lawmaker said every Covid-19 expenditure is a matter of public records therefore, the government has nothing to hide.
His comments come after the Minority Leader Haruna Iddrisu questioned the decision by the First Deputy Speaker to dismiss the motion.
Joewise in his ruling on Tuesday February 22 said "All the committees of the house including the Public Accounts Committee are bipartisan, and the Public Accounts Committee is designed by nature to be chaired by members of the Minority.
"In all its form, the Public Accounts Committee, if it is minded to investigate anything related to the Covid-19 expenditure, fully sees to the authority and power to investigate that, particularly because all the accounting of it has been provided for in the budget which budget has been provided by the House and is before the committee.
"My view is that this motion ought not to have been admitted, and it's improperly before the House."
Reacting to the Speaker's ruling, the Minority Leader Haruna Iddrisu said "The precedent that is being set is a worrying for the future of our parliament and I worry for the future of any parliamentary committee tomorrow, that will be under Article 133(3) of the 1992 Constitution to enquire into any matter of public interest."
The motion was moved by ranking member on the Finance Committee Casiel Ato Forson.
He prayed the house to constitute a bi-partisan parliamentary committee chaired by a member of the minority caucus to probe the expenditures made by Ghana Government in relation to Covid-19 since the outbreak of the pandemic in 2020.
Also addressing the press on Tuesday February 22, Mr Afenyo-Markin said "We simply think that our colleagues are being overly partisan, it is part of their preparations towards 2024.
"Democracy is respect for rule of law and process, that is the only way democratic principles can be sustained. We can't do it haphazardly, we can't do it as and when it pleases us and as and when it suits us.
"Everything about public expenditure is a matter of public records. This house approves certain facilities, this house mandates government to spend certain money. There is no way, in this day and age with the Government Integrated Financial and Management Information System (GIFMIS) system, government can spend and hide, it is not possible. I repeat, there is no way government of Ghana can take public funds, spend and hide those expenditure, it is not possible.
"It is constitutional bonfide of the Auditor General. When the Auditor General is done with his work he will bring a report to Parliament, that is why the Public Accounts Committee (PAC) is there.
"When the PAC does its work, the PAC has the mandate, after perusing the report to set up further committee to investigate and to look into other matters flowing from the issues that they have identified. So, I think that we should move one step at a time. We think they (Minority) want to usurp the powers of the Auditor General, we think that they want to bulldoze their way and then create a certain impression that there is some questionable expenditure which we think is unfair."
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{
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Home / Business / Assembling of Nissan vehicles in Ghana begins next year
Assembling of Nissan vehicles in Ghana begins next year
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By William Asiedu
[email protected] / [email protected]
Global automobile giants, Nissan, has concretised its resolve to support Ghana's automotive development agenda with the formal launch of a partnership with Japan Motors Trading Company Ltd. (JMTC), to assemble Nissan vehicles in Ghana.
According to the Managing Director of Nissan South Africa, Mr Shinkichi Izumi, assembling is expected to begin in the first half of next year, and Nissan's sales and services agreement with its second local partner, Auto Parts Limited remains unchanged.
The first model to be assembled at the new facility, which is situated on the Cocoa Processing Road, Tema, will be the all-new Nissan Navara pick-up, unveiled by Nissan earlier this month.
The Nissan top official explained that the partnership with Japan Motors, which was launched in Accra on Wednesday, November 18, will, among other things, help to accelerate Ghana's industrialisation drive.
In an interview with the Daily Heritage, the Managing Director said the appointment of Nissan's long-time partner, Japan Motors Trading Co. as its local partner in the vehicle assembly facility is in recognition of the latter's proven track record in efficient service delivery and dependability.
Shinkichi Izumi, MD, Nissan South Africa
The appointment is a result of the 2018 memorandum of understanding between Nissan and the government of Ghana to lay the foundation for a sustainable automotive manufacturing industry in the country.
The operations will begin with the assembling of semi knocked down vehicles and progress over the years to the assembling of completely knocked down kits.
Nissan, Mr Izumi said, has a long heritage within the pick-up segment and the new model will be produced to specifications good for the African /Ghanaian market.
"Ghana government's policy on automotive development is a critical path to industrialisation, so we decided to get involved. The policy, we believe, will accelerate industrialisation, value chain creation and market liberation," Mr Izumi noted.
He said currently, Ghana imports between 90,000 and 100,000 vehicles; 10, 000 of which are brand new, and Nissan hopes to leverage on the protocols of the government's automotive policy to remain the market leader.
"Nissan has a strong legacy in pick-ups, which is our strongest asset in our line-up and assembling in Ghana will improve affordability and access," he pointed out.
The focus now, he said, is on pick-ups and as the manufacturing journey progresses the company will concentrate on quality assurance and see how the market evolves and then explore further opportunities in Ghana.
The continued development of Nissan's African manufacturing base is a key part of the company's regional midterm strategy under the Nissan NEXT global transformation plan. Once operational, the Ghana facility will add to Nissan's existing African production capacity at plants in South Africa, Egypt and Nigeria.
The Managing Director stated that the announcement of the partnership demonstrates Nissan's ongoing commitment to investing in Ghana, as well as the expansion of the country's automotive sector through the Ghana Automotive Development Policy.
"Ghana presents a great opportunity for investment, partnership and growth for Nissan," said Mr. Izumi. "Establishing a long-term automotive industrial development policy will provide investors with further confidence, boost the local economy and create jobs. We look forward to the continued partnership as Japan Motors officially begins assembling Nissan vehicles in Ghana."
Construction of the new facility is already underway, as are the recruitment and appointment of new employees, skills development and technical training to share and apply Nissan's global quality production standards.
"Japan Motors sees great potential in Ghana," said Salem Kalmoni, Managing Director of Japan Motors. "We're thrilled to make this significant investment and to be in a partnership that will unlock job opportunities and contribute to the economic development of Ghana. With world-class training, the local assembly plant will deliver an excellent product to meet our customers' needs."
Salem Kalmoni, MD, Japan Motors Trading Company, Ghana, interacting with the press
According to Mr. Kalmoni, Ghana had some automobile manufacturing companies in the 1960s and 70s but for various reasons, they all folded up. "I hope the new partnership we have with Nissan will last much longer because the longer it lasts, the more component manufacturing comes in and the more we will get the full benefits of the industry," he added.
He said when it comes to the local automobile industry, Japan Motors is "on the ground" and the company is set to begin operations with the provision of the physical location for the assembling works, investment in equipment and personnel, pointing out that expatriate staff will come in periodically to offer training to the local staff.
"We aim to cut cost, keep our operations clean environmentally, and create jobs," he said, and stressed that there are many benefits down the line as the plant will serve as a catalyst for component manufacturing, such as the production of tyres, windscreens etc., "and that will never reduce jobs as some people fear".
In November, 2018, Nissan added to its track record of investing in Africa, by entering into an agreement with the government of Ghana to establish an automotive manufacturing industry in the country. The company also sought to make Ghana its hub for sales and marketing in West Africa.
The Minister of Trade and Industry, Mr Alan Kyerematen, and Mr. Mike Whitfield, the Managing Director of Nissan Group of Africa, signed a memorandum of understanding (MOU) to cement the Ghana-Nissan relationship, which seeks to unlock economic potential, promote development of the automotive sector and promote investor-friendly regulatory frameworks that encourage sustainable car manufacturing in Ghana.
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} | 98_122846 | Home/Ghana Politics/Mahama ordered court for live broadcast of election petition
Mahama ordered court for live broadcast of election petition
Gabriel Frimpong1 day ago
Lawyers of NDC's Presidential Candidate, John Dramani Mahama are requesting a live broadcast of the hearing of the petition contesting the results of the 2020 general elections in the Supreme Court.
This according to the petitioners is in the interest of fairness as was done during the 2012 election petition.
Per Rule 69C (4) of C.I. 99, provision is made for the proceedings of the court to be transmitted live if the court so determines, and 4(a)(b) and (b) provides for the dismissal of a petition where the petitioner fails to file the processes regarding the petition within the time specified by law or to hear and determine the petition where the respondents fail to file their answers or fail to file their processes regarding their answer within the specified time
Earlier, Mr. Mahama through his lawyers filed an application asking permission from the Supreme Court to correct mistakes in his petition
Mr. Mahama is in the Apex court seeking to set aside the election results in which the NPP's Nana Akufo-Addo was declared President.
He alleges that Mr. Akufo-Addo and all other candidates who contested in the polls did not obtain more than 50% of the votes cast.
But shortly after filing the petition, legal analysts spotted mistakes in it to the effect that the petitioner, Mr Mahama asked the Apex Court to order a re-run of the elections between himself and the Electoral Commission instead of Mr. Akufo-Addo.
Mr. Mahama's lawyer Tony Lithur has subsequently filed a motion serving notice to amend the petition to make this correction.
This Apex court will be informed of this request on Thursday, January 14, 2020 when the court holds the first hearing of the case
Gabriel Frimpong
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Supreme Court Judge attempted to bribe NDC MP to vote for Mike Oquaye – MP
A Supreme Court judge led the charge in attempting to bribe some Members of Parliament on the National Democratic Congress side to vote for Professor Aaron Mike Oquaye.
The judge made the bribery attempt on the night members of the 8th parliament were preparing to vote to elect a speaker, Member of Parliament for Asawase Constituency and Chief Whip for the National Democratic Congress Caucus in parliament, Muntaka Mubarak, has alleged.
Mr Mubarak said the said judge attempted to bribe a female member of his caucus, promising her a number of goodies should she vote against the party's choice, Mr Alban Bagbin.
"There was one that was led by, I mean so shamefully, a Supreme Court judge [who] called a colleague lady, telling her what they will give her, she has children [and] they will take care of her children; she can take fuel from the filling station for the four years…," Mr Muntaka said.
The Asawase MP who was speaking on The Probe on the Joy News channel said they have the 'time' at which the calls were made, indicating that they [NDC] were looking into the issue even though he failed to name the judge in question.
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} | 48_139182 | Asawase lawmaker Alhaji Mohammed-Mubarak Muntaka has said he will be able to adduce evidence to support his allegation that a justice of the Supreme Court attempted to bribe some National Democratic Congress (NDC) Members of Parliament to vote for Professor Aaron Mike Oquaye during the election of the Speaker for the 8th Parliament.
The former Youth and Sports Minister said the member who was called by the justice is alive hence, the evidence will be made available if it becomes necessary to do so.
During the keenly contested elections in the chamber, the eventual winner, Mr Alban Bagbin polled 138 votes whereas former Speaker Professor Mike Oquaye polled 136.
There was 1 spoilt ballot.
He told Joy News Sunday, January 10 while discussing issues regarding the election of a speaker for the 8th Parliament that "There was one that was led by, I mean so shamefully, a Supreme Court judge [who] called a colleague lady, telling her what they will give her, she has children [and] they will take care of her children; she can take fuel from the filling station for the four years."
He reiterated his allegation on Citi TV Monday, January 11.
He said "The former Majority Leader, the Leader of Government business over the weekend was accusing the NDC's side that we were bribing Members on their side.
"I said no, if you are talking about bribing then find out who and who were calling members from my side. And then, I went forward to say that I can tell you if he cares to know, even some members of the Supreme Court were calling members of my side.
"One of the people that they called, they were promising her all manner of things, that she should mention her price. I don't take what I say lightly, I have heard people saying all manner of things, we know what we are doing and we know what we are holding."
When asked whether he will be able to adduce evidence to that effect, he said "Definitely we will provide all those things, the call that he made, the time that the call was made and everything is there, so it is not in doubt.
" If it comes to the probe of all the things that happened on that day I am sure if it becomes necessary and it comes up,. Obviously it will be made known, the Member on my side who was approached is alive, she is not dead."
Meanwhile, a United States-based Ghanaian professor and lawyer, Kwesi Asare, has said the allegations must be investigated thoroughly.
Reacting to this development, Prof Asare said in a Facebook post on Monday, January 11 that "Hon. Alhaji Muntaka Mubarak bribery allegation involving judges, if true, is extremely serious and merits an immediate, professional and thorough investigation.
"For the avoidance of doubt, an investigation is a truth-seeking device. It does not presume the allegations to be true or false.
" It merely seeks to uncover the truth, protect the innocent, expose the guilty or falsehood peddling and protect the integrity of the affected institution.
"There is no reason to be against an investigation or to condition it on names being provided, as such names could tend out have no basis.
"At this point, only statements made under oath and subject to examination by experts will suffice and determine the scope of the inquiry."
Source: 3news
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} | 87_96257 | You are here: Home → Wall → Opinions → Articles → 2021 01 12 → Article 1152749
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Opinions of Tuesday, 12 January 2021
Columnist: Kofi Ata
Has Muntaka scandalised the Supreme Court or Supreme Court scandalised the Judiciary?
Member of Parliament for Asawase, Muhammed-Mubarak Muntaka
I was totally flabbergasted when I read on Ghanaweb yesterday that Muhammed-Mubarak Muntaka, the National Democratic Congress (NDC) member of parliament for Asawase and Minority Chie Whip has alleged that a Justice of the Supreme Court (JSC) telephoned a female MP-elect from the NDC to persuade her to vote against the NDC's nominee for Speaker of the 8th Parliament (see, "Election of Speaker: A Supreme Court Judge attempted to bribe a female NDC MP - Muntaka", Ghanaweb, January 11, 2021).
My reaction after reading the report was one of utter disbelief. On further reading of headlines, I realised that other stories on the election of Speaker were attributed to Muntaka. I asked myself if he was possessed by gbeshi as Ayikoi Otoo would say so that in the case of charges and trial, he could plead forgiveness since his actions were under the control of gbeshi.
I struggled to come to terms with such damaging allegation against a member of the highest court of the land and asked myself a number of pertinent questions as follows:
What would be the motivation for the JSC to act as being alleged by Muntaka, especially when s/he is at the pinnacle of her/his career? S/he will retire on her/his salary so what does s/he want in life? Unless of course, s/he is younger than the Chief Justice so when the Chief Justice retires in 2023, s/he will be made the Chief Justice, etc. In fact, the allegation did not make sense to me.
What motivated this unnamed JSC to put her/his career and reputation as well as the image of the Supreme Court and the entire judiciary at such a risk? On whose behalf was s/he acting, Prof Mike Oquaye, NPP or the presidency? Is this JSC aware that her/his alleged action amounted to interference with Legislature and therefore unconstitutional since it breaches the separation of powers between the judiciary, legislature and the executive arms of government? I still did not believe the allegation.
If true, this JSC is either very naïve, grossly careless or simply stupid to the highest order. But what the evidence has Muntaka got to prove his allegation? Was the conversation with the NDC female MP-elect recorded, has the phone number used been confirmed as the number of the alleged JSC and if so, was s/he actually the person who made the call and spoke to the female MP-elect? Is the voice confirmed by voice recognition technology? There were too many questions going through my mind.
Is Muntaka aware that these days anyone can pretend to be someone on phone? For example, in the wake of the confusion surrounding the Agyapa Anti-Corruption Assessment by Martin Amidu and his subsequent resignation as Special Prosecutor, someone allegedly texted to threaten him using a phone alleged to be that of the NPP Director of Communication, which turned out to be false? Is it possible that the phone number of the JSC was hijacked or cloned by someone to undertake this fool hardy act of criminal behaviour?
Does the allegation scandalise the Supreme Court and bring the judiciary into disrepute, whether proven or unproven? Could Muntaka be charged with the offence of scandalising the Supreme Court and bringing the judiciary into disrepute? If he is charged, has he got the evidence to prove his innocence beyond reasonable doubt?
Due to the seriousness of the allegation, if Muntake were to be charged, he must not only provide the recording of the conversation but also prove that the voice is that of the alleged JSC. Unless the voice is incontrovertibly clear, then Voice Recognition Technology will be required to confirm whose voice is on the audio.
Finally, I concluded that perhaps, Muntak would not make such damaging allegation public if he had no strong evidence in his possession to support his claims. But even if he had indisputable evidence, is that how he should handle an important matter at a critical time that the political temperature is high due to election-related matters? In my view, I beg to differ.
We may disagree with decisions of the judiciary or even particular judges or justices but the Judiciary is the only arm of government that we should all respect and ensures that it serves the constitution and the interest of Ghana. I am not suggesting that they are above the law or they are angels but subjecting judges and justices to public ridicule even if the allegations are true, is in my opinion, not the right approach.
It would have been better if the NDC had submitted a complaint to CHRAJ with a copy to the Chief Justice together with their evidence, instead of what appears to be an attempt to sow doubts in the minds of the public about the impartiality of the Supreme Court just before the presidential petition hearing. This is dangerous and should be avoided. It also politicises the judiciary.
In view of the seriousness of the allegation, the Chief Justice must immediately set in motion a fast-track process to investigate the allegation and urgent action taken against the JSC, if the allegation is proven, including dismissal and prosecution.
I sometimes disagree with some decisions of the Supreme Court but I will object to the Supreme Court being scandalised or the judiciary being brought into disrepute in a manner that is unjustified. Of course, we have had the judges scandal exposed by Anas, yet that exposure also showed that not all judges are corrupt.
Chief Justice, the ball is in your court.
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} | 89_28367 | The Minority Chief-whip, Muntaka Mubarak is alleging that the New Patriotic Party (NPP) had the intention of making his side uncomfortable in the Parliamentary Chamber during the election of the new Speaker and the commencement of the 8th Parliament.
According to him, the norm in the house has always been consensus building in order to avoid any heated disagreements, but their opponents didn't bother because they felt they had executive power and can use it against them.
"I believe that we need a lot of talking, you saw that in the midst of the confusion and the fight, when we withdrew as leaders and spoke to each other we were able to define the Do's and the Don'ts and that helped the process to go.
You remember for two weeks, I kept saying that they were not talking to us, I can bet you if we had spoken, sat around the table to talk I don't think the hell all of us went through we would have gone through it.
But there was this arrogance, thinking that they could crash us," he disclosed during a live interview on GHOneTV and monitored by Capitalnewsonline.com.
The dissolution and election of a new Speaker were characterized by some disagreements during the night of the elections, which brought in the presence of the Police and Military personnel into the parliamentary chamber.
The Civil Society Organisations (CSOs) in Election Programming in Ghana have expressed worry with the developments that characterised the dissolution of the 7th Parliament for the commencement of the 8th Parliament.
According to the CSOs, Ghanaians wake up to video recordings and media reportage of the appalling scenes in Parliament for a supposed sacred and solemn process of electing a Speaker of Parliament and swearing of Members of Parliament (MPs).
"The presence of the Military in the Chamber of Parliament was an extremely low point in the proceedings of Parliament," the statement endorsed by the 14 CSOs and copied to Capitalnewsonline.com read.
They condemned the arts that were witnessed last night and this dawn at the Chamber of Parliament and called on all political parties and stakeholders to work in preserving the democratic gains of the nation.
However, the Asewase Member of Parliament (MP), said though the situation was unfortunate, "but I hope that this has taught all of them a lesson, even ourselves we have also learnt a lot of lessons from today.
It is clear that for this Parliament, the best for all of us is to work for the best national interest and to reach out to each other. Definitely, in reaching out there would be take away and give away. When all of us understand, I believe it will help the course of this country.
But if it is going to be the usual oo, we will pull a fast one on them, we are in our corner I am sure you will see many of these.
If you bring any critical thing, then we may have to vote in secret and then you would want to maneuver then there will be fights and all of that. But I hope all of us might have learned some useful lessons today."
He stated emphatically that the nation currently has a hung parliament, "people can choose to call it whatever they want to, it is a hung parliament, hang in the sense if you see the brochure because they are conversant with the rules, it is 137, 137 and one independent, this is how it is.
So those who were tickling themselves and thinking that the one will join us I believe that they will reverse their notes.
The Minority Chief-Whip further stated that in 2009 when NDC was in government and they had a slim parliament with a different of 6, as Majority Chief-Whip he has to constantly close to the other and talk.
Muntaka Bubarak said if the NPP side of the house doesn't reason with them, they will get the shock of their lives and what happened in the election of the Speaker was the first in a series of what will happen to them.
He added that NPP side should never try outsmarting the NDC side since they will not be successful under no circumstance and they will suffer in the end.
Explaining the reason for their boycott of the swearing-in of President Akufo Addo, he said the NDC which they are partly being in court and it will make sense they don't show up at all in order to convene their displeasure of the results.
"They have the military, they brought in the Military and we show them that we are in Parliament and walk out shamelessly.
It is important that our colleagues understand that democracy has strived very effectively even where you have a huge majority it is building consensus. And I want to believe that if they had reached out, maybe it could be different, but for now, until this morning we have made our mind. We are not participating in the swearing-in," he added.
By: Isaac Dzidzoamenu/capitalnewsonline.com
Tags: 8th Parliament, Civil Society Organisations, CSOs, Minority Chief-whip, Muntaka Mubarak, New Patriotic Party, NPP
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1 thought on "NPP Wanted To Crash Us With Executive Power – Muntaka Discloses"
SENA APAWU-BRI says:
Greetings great Ghanaians
I write to say a big thanks to God almighty and to us all for a successful election. God has being and will always be our wall of PEACE. When it comes to the peace of Ghana there has always been divine INTERVENTION.
To the Unique President of Ghana : " God always prepared us for the unseen . God indeed used the hard time the country went through during the peck of CORONA VIRUS to prepare you for this day. Congratulations for being RE-ELECTED. To God be praised.
H.E. PRESIDENT NANA ADDO AKUFFO-ADDO the fact that you have a few PARLIAMENTARIANS and an NDC SPEAKER OF PARLIAMENT will not change anything believe me. God had already prepared you for this day. Remain strong do not be dismay. The good Lord who has fought the battle for you to be re-elected will continue to up-hold you . This second term of your regime will be the BEST EVER. . "THIS TOO SHALL PASS". I humbly appeal to you to be happy for the change in parliament. God will do wonders. You will live long and continue to experience DIVINE HEALTH and CURE for it is your HERITAGE . . Ghana will move forward and remain an ENVY to the WORLD at large. I humbly SALUTE YOU. JESUS IS YOUR STRENGTH. Akpe kakakaa .
PATRIOT SENA AKUA APAWU-BRI |
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} | 83_10899 | Mahama Has No Case And Is Only Wasting Time – EC Tells Supreme Court
The Electoral Commission of Ghana has has told the nation's apex court to dismiss John Mahama's election petition.
In a legal response to Mahama's petition, the EC believes that the nation's former president has no case and is only wasting time in court.
Both the president's legal team and Jean Mensa's team have responsed to John Dramani Mahama's election petition case which led to the pre-trial on Thursday, 14 January.
Meanwhile, the President has also disclosed that the NDC has no proof its presidential candidate won the 2020 polls.
The Supreme Court petition is expected to be concluded by February. Meanwhile, some legal pundits have shared with Joy FM how slim Mahama's chances are of winning the election petition considering the rejection of some other interrogatories filed by the NDC. |
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} | 81_76793 | Speaker meets NDC, NPP leaders over confusion in Parliament
The Speaker of Parliament, Mr. Alban Bagbin has met the leaders of both the National Democratic Congress (NDC) and the New Patriotic Party (NPP) Caucus in Parliament over the confusion that rocked the inauguration of the 8th Parliament.
Sources close to the meeting also indicated that the leaders of the two sides could not agree on which side of the caucus becomes the majority or minority in the legislature.
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As a result of this stalemate, the leaders from both sides were tasked to go and discuss the issues and come back with extra recommendations on how they can resolve the issues.
Additionally, it emerged from the meeting that Mr. Andrew Amoako Asiamah, the Independent Member of Parliament (MP) for Fomena and Second Deputy Speaker has been asked to write officially to the Speaker, which side he intended to align with.
The Fomena MP is expected to do the formal communication to the Speaker Alban Bagbin between now and Friday 15, January 2021.
It would be recalled that there was a chaotic disruption of proceedings for the election Speaker and the eventual inauguration of the 8th Parliament.
The confusion witnessed in the Parliament was as a result of a stand-off between the NDC MPs and the NPP MPs over the voting processes for the election of a new Speaker.
The NDC insisted on a secret ballot per law in the belief that there were some NPP MPs planning to vote for its candidate.
For hours, scuffles broke out, led by the NDC Caucus' Chief Whip, Muntaka Mubarak, who tried to make sure his opposing Whip was not cross-checking the ballots of NPP MPs.
At a point, when the NDC MPs were unhappy with the process, they ransacked the voting areas leading to a stop of the process.
Later, armed military and police personnel then stormed Ghana's Parliament to confront the MPs. When tensions calmed, Mr. Bagbin was eventually elected Speaker.
Source: GNA
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} | 13_6970 | Election Petition: 'Errors that cannot overturn outcome should be ignored' – Mac Manu
Story By Gloria KAFUI Ahiable / [email protected] On Jan 14, 2021
A former National Chairman of the NPP has urged the public not to give much importance to the petition filed by the NDC Flagbearer, John Dramani Mahama, challenging the validity of the results of the 2020 elections.
It is the case of Peter MacManu that the petition filed on December 30, 2020, should be ignored as it was frivolous and without substance.
"They say we have committed mathematical errors when they have committed legal errors here. But the judges are saying we should be kind since we all make errors.
"But why should we be concerned about errors. Errors that cannot overturn the outcome should be ignored," Mr MacManu told journalists.
Mr MacManu, who was President Akufo-Addo's campaign coordinator in the 2020 elections, said the NDC had no case.
His stance came after a seven-member panel of the apex court, presided over by Chief Justice Kwasi Anin Yeboah, granted the request for the NDC flagbearer to correct the errors made in his petition.
But the Supreme Court had a different view.
It was the case of the Supreme Court that the said mistakes would not change anything and therefore the opposing parties (Electoral Commission and President Nana Akufo-Addo) should be kind as mistakes were bound to happen.
What Mahama wants
On January 8, 2021, the former President John Dramani Mahama filed a motion for the Supreme Court to allow him correct errors in the December 30-election petition he filed challenging the presidential results declared in President Akufo-Addo's favour.
NDC Flagbearer John Dramani Mahama (middle) accompanied by NDC National Chairman Samuel Ofosu Ampofo
The motion for amendment sought the permission of the apex court to correct a mistake in relief (f) of the election petition.
In the election petition filed on December 30, 2020, the first respondent (1st) was the Electoral Commission (EC), with the second respondent (2nd) being President Nana Addo Dankwa Akufo-Addo.
However, relief (f) wants the court to order a rerun between Mahama and the first respondent, which as stated in the petition turns out to be the EC.
Relief (f) is seeking "an order of mandatory injunction directing the first respondent to proceed to conduct a second election with petitioner and first respondent as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution."
It is this mistake that the NDC Flagbearer wanted to correct.
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This is the second time in Ghana's Fourth Republican history that an election is being challenged. In 2012, the NPP challenged the result of that year's election, claiming it was fraught with abnormalities that should have it nullified.
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} | 3_122812 | Home Politics Politics 201401
Gabby Assumeng Bemoans How NPP Destroy Institutions Due To Their Self-Interest
/ Politics, Politics
One of the most memorable statements President Barack Obama of the United States of America made during a state visit to Ghana in 2009 was that, �Ghana needs strong institutions and not strong men�.
It is for this matter that a Communications Member of the ruling National Democratic Congress (NDC) has bemoaned the way and manner in which the biggest opposition New Patriotic Party (NPP) is always quick to destroy people and institutions due to their self-interest.
Speaking to Peacefmonline.com, Gabby Assumeng backed his claim with a number of events that occurred in the past, starting with what he described as incessant attack on the Electoral Commission (EC) after the 2012 general elections.
He also recounted the salvoes that were fired at some of the Supreme Court Judges during and after the landmark Supreme Court ruling, in which President Mahama was confirmed as the validly elected president.
Again, Gabby Assumeng sited the condemnation of the Bank of Ghana (BoG) for approving the sale of Merchant Bank to Fortiz Private Equity Fund.
Typical of the NPP, he said, �they (the NPP) took the Bank of Ghana to the cleaners. They almost wanted to say that the Bank of Ghana (BoG) was more or less controlled by the NDC members, and that cannot be true because Bank of Ghana is a state institution. It is not a political party and it is not a political institution�.
However, what has prompted his reaction, to what he describes as the biggest opposition party�s hypocritical rebuke of everyone and every institution except themselves, is a well calculated attempt to discredit the Speaker of Parliament, Rt. Hon. Doe Adjaho and by extension, bring the august House of Parliament into disrepute.
��they (the NPP) has now jumped onto the legislature after Ninety (90) of their members signed onto a petition to the Speaker that they want the House to be called from recess in order to look into the Fortiz and Merchant Bank deal. And when the Hon. Speaker ruled that because the case was in court, he was unable to allow a debate on the floor of the House, they (NPP) took him to the cleaners stating that he is not competent to be speaker of the House�.
��NPP made this claim forgetting the fact that Rt. Hon. Doe Adjaho had served as a Member of Parliament for more than 20 years. Why is it that the NPP does not want to respect any institution in the country? If it does not go for them, every institution is bad,� he asserted.
The NDC Communicator further called on the New Patriotic Party (NPP) to desist from such acts which, in his view, would only lead to disunity and a complete erosion of the public confidence Ghanaians have in state institutions because �democracy is build on institutions like the Electoral Commission (EC) and the Parliament�.
Source: Prince Obimpeh/Peacefmonline.com/Ghana
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} | 27_35344 | General News Fri, 2 Sep 2016
Minority describes Speaker's action as whimsical
The Minority Caucus in Parliament has described the ruling by the Speaker of Parliament in dismissing its motion for a probe into the Ford Expedition gift to President John Dramani Mahama as the "most cabalistic display of power witnessed in Parliament since the beginning of the Fourth Republic".
According to the Minority, while not contesting the discretionary powers given to the Speaker to admit or not to admit questions, motions and proposals submitted to him, he ought to, in the exercise of such powers, be regulated within the confines of the Constitution.
Addressing a press conference after the Speaker had ruled against the Minority's motion for a special parliamentary committee to probe the gift to the President, the Minority Leader, Mr Osei Kyei-Mensah-Bonsu, said the Speaker's application of those powers should not be a "whimsical display of power and, indeed, arrogance".
Parliament cannot be subordinated to CHRAJ
"In this ruling, the Speaker tells us and tells Parliament, the country and, indeed, the entire world, that Parliament, in exercising our oversight responsibilities, should stall all activities and subordinate ourselves to the Commission on Human Rights and Administrative Justice (CHRAJ), an administrative body," he fumed.
He said it was unthinkable for the Speaker to ask an arm of government to subordinate itself to CHRAJ because the matter involved an issue of corruption and based it on a ruling of the Supreme Court.
"If you are to follow the ruling of the Speaker, then a recent case against some judges which also involved corruption ought to have gone to CHRAJ and not the courts," he opined, and questioned the "strange" ruling by the Speaker.
He said the Speaker had the discretionary power to accept a proposal, make amendments or reject motions or proposals, "except that conventions and practice and even common sense dictate that in applying yourself to any of these pacts, you should have some engagement with the person submitting the proposal to you. I think that is common-sensical and that is the practice of any established Parliament".
Good reasons for the probe
Explaining the intent of the Minority in calling for the probe, Mr Kyei-Mensah-Bonsu said Parliament was the body vested with oversight authority over the Executive in such matters, since it was composed of persons who represented the people of the country.
The case of the Burkinabe contractor, he said, was the subject of a report that had been presented to the Public Accounts Committee (PAC) of Parliament and that if the argument of allowing CHRAJ to investigate the case should hold sway, it would be dangerous, since the report of CHRAJ would be submitted to the Attorney-General, an appointee of the President.
"Indeed, Article 218 (e) of the Constitution provides for the report of CHRAJ in the matter to be submitted to the Attorney-General, the appointee of the President, to deal with the conclusions of CHRAJ. The matter would be dead at birth and that is why Parliament must assume its legitimate role," he posited.
The motion, therefore, he said, sought to invite the House to invoke its powers of oversight to constitute a bi-partisan committee to delve into the matters raised to establish, at the end of its inquiry, whether or not the conduct of the President was above board.
"If the President's conduct is found to be above board, the President shall stand vindicated eternally. If, on the other hand, the President's conduct is found to be inappropriate, Parliament, in its wisdom and within the ambit of the Constitution, could proffer the relevant recommendations in order that such conduct shall not have further procreations," he explained.
The Minority Caucus in Parliament has expressed shock and disgust at the decision by the Speaker of Parliament, Mr Edward Doe Adjaho, to rule out a motion asking for a probe into the Ford Expedition gift to President John Dramani Mahama by a Burkinabe contractor. |
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} | 4_148956 | Home/POLITICS/NDC youth petitions Akufo-Addo, parliament over 'insecurity'
NDC youth petitions Akufo-Addo, parliament over 'insecurity'
Nana Bosompra Send an email July 6, 2021
The protesting youth of the opposition National Democratic Congress (NDC) on Tuesday, July 6, 2021, submitted a petition to the presidency after their 'March for Justice' demonstration.
The National Youth Organizer of the party, George Opare Addo, led some members of the party to present the petition at the seat of government.
After reading out the content of the petition, he presented it to the Deputy Chief of Staff in charge of operations, Emmanuel Bossman, who gave assurances that the document will be given to President Akufo-Addo.
The group also presented a copy of the petition to parliament. A deputy National Youth Organizer, Ruth Dela Seddoh presented the document to Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu.
There have been growing concerns about the use of the military for civil events that ordinarily should be handled by the police.
The incidents that have angered many include the killing of some Ghanaians during the 2020 election, the invasion of Parliament by soldiers, the latest killing of two persons, and the injuring of four others who were protesting at Ejura in the Ashanti Region.
The brutalization of some residents of the Upper West Region in Wa by some soldiers over a supposed stolen phone has also been widely condemned.
Armed robbery and murder cases have also been on the rise in parts of the country.
Thousands of members and sympathizers of the opposition Democratic Congress, NDC, participated in the protest march that saw them walk from the Accra Mall through Opeibea, the Lands Commission office, Christ the King Church and the Flagstaff House, before proceeding to parliament.
The supporters, most of whom are clad in red and black, sang and chanted with various placards communicating their grievances. Their placards read various inscriptions including, "Ahmed Suale deserved to live, No justice for the dead, no peace, #WeAreAllKaaka, We feel your silence Akufo-Addo and Bawumia, Ghanaian lives matter" among others.
Credit: Citinewsroom
WE MUST STOP IGNITING THE FIRES OF MAYHEM
Ejura killing: Simon Osei-Mensah testifies before Ministerial committee |
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} | 86_77130 | Home » Daily Guide » Fri 21st May, 2021 » EU To Remove Ghana From Money Laundering List
EU To Remove Ghana From Money Laundering List
Fri 21st May, 2021 20:19
The European Union (EU) is expected to remove Ghana from its money laundering list.
Ghana was placed on the list of countries deficient in anti-money laundering months ago.
But following President Nana Akufo-Addo's visit to Belgium from 19th to 20th May, 2021, the European Commission, Government said, has announced the decision to remove Ghana from the list.
According to a statement from the Jubilee House, signed by Eugene Arhin, the Director of Communications at the Presidency, at a meeting between President Akufo-Addo and the President of the European Union Council, Charles Michel, as well as at the European Union Commission, the European Union acknowledged the efforts Ghana has made in implementing the action plan of the International Country Risk Guide in record time.
It said the Commission thus congratulated Ghana for the reforms embarked on, as well as the sustainable, robust systems deployed towards being taken of the list.
Below is the full statement
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{
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} | 39_42171 | Áder Visiting Ghana, Kenya
January 13, 2022 Tóháti ZsuzsaLeave a Comment on Áder Visiting Ghana, Kenya
President János Áder is starting an eight-day visit to Ghana and Kenya on Wednesday, the first visit by a Hungarian head of state to those countries since the fall of communism, the president's office said.
In Ghana, the president will meet Nana Akufo-Addo, his Ghanaian counterpart, visit a school reconstructed with contributions from the Hungary Helps aid programme, and a water purifying facility built with Hungarian expertise, the statement said. During his visit to Kenya, Áder is scheduled to meet Kenyan President Uhuru Kenyatta and House Speaker Justin Muturi. Afterwards, he will visit development projects implemented using Hungarian support, the statement said.
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} | 67_102330 | Index – Domestic – János Áder gives a special role to Ghana
Home » News » Index – Domestic – János Áder gives a special role to Ghana
The Hungarian head of state arrived in Africa on Wednesday morning for a multi-day official visit. He met with the Ghanaian president in Accra on Thursday.
Hungary's Africa policy gives Ghana a prominent role in a region with strong economic growth and promising economic growth.
– MTI quotes János Áder.
The President of the Republic said that during their meeting, the areas of co-operation aimed at further expanding the foreign economic relations of the two countries and benefiting both parties were discussed.
The two countries have similar goals. We are in a community of values, both countries have turned their backs on the authoritarian past and established a democratic government that respects the rule of law and human rights.
Akufo-Addo emphasized.
The politician stated that they had confirmed their intention to cooperate with János Áder in the fields of trade, pharmaceutical industry, infocommunication, water management and environmental protection. They also agreed to set up a joint economic joint committee to assist bilateral projects.
The President of Ghana thanked Hungary for its support in making the African country a non-permanent member of the UN Security Council.
They addressed the security policy challenges in the Sahel, that the presence of jihadist forces is a serious problem that poses a serious threat to African states. Akufo-Addo stressed that Ghana said the presence of UN peacekeepers in the region could not be reduced or even increased.
In Ghana, the largest wastewater treatment plant in the country, built with state-of-the-art technology, was handed over in 2021, with Hungarian participation in Kumasi, and two more such investments are now underway, also with Hungarian participation. This is a significant help, as it can reduce the number of diseases transmitted by polluted water.
– emphasized János Áder at the press conference after the trial.
The parties pointed out that two agricultural sample farms have already been established in Ghana with Hungarian help, which can be followed by others. János Áder emphasized that Hungary can be of great help in seed breeding processes and in the cultivation of plants that are well adapted to the climates of different countries, so this area could be a new field of cooperation between the two countries in the future.
The President of the Republic added that Hungary has serious technologies not only in the treatment of wastewater, but also in the treatment of drinking water. With Hungarian container technology, it is possible to purify drinking water in areas isolated from the world where there is not much infrastructure. By desalination of seawater, it is also possible to supply smaller settlements with drinking water of adequate quality with this Hungarian development.
We agreed that the XXI. century will be a century of water, without good quality and quantity of water, neither the supply of the population, nor the development of industry, nor the expansion of the economy is conceivable
He added.
The negotiating partners also discussed the expansion of educational relations between the two countries, and agreed on the importance of expanding the scholarship system. This is proved by the fact that the number of students coming to Hungary from Ghana has increased three and a half times in the last 5 years.
János Áder is the first President of the Republic of Hungary to visit Ghana since the change of regime. The Hungarian politician visits the NewillAcademy school in Koforidia, for the renovation of which Hungary Helps has also contributed. In Kumasi, he visits the wastewater treatment plant built by the Pureco company with Hungarian expertise.
(Cover image: Ghanaian President Nana Akufo-Addo receives President János Áder on his official visit to the Presidential Palace in Accra, Jubilee House, January 13, 2022. Photo: Noémi Bruzák / MTI) |
{
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Ghana Off EU Money Laundering Grey List – Prez Akufo Addo Delighted
President Nana Addo Dankwa Akufo-Addo says Ghana is delighted to have been removed from the grey list of high-risk third countries in money laundering activities.
"We are delighted that, on 7 January 2022, we received a notification from the European Commission, through the intermediary of the Commissioner for Financial Services, Financial Stability and Capital Markets Union, Mairead McGuinness, that Ghana, after the pursuit of some rigorous reforms, has now, formally, been removed from the Grey List of high-risk third countries in money laundering activities," he said.
The president was addressing a joint press conference on Thursday (13 January) at Jubilee House with the visiting president of Hungary, János Áder, who is on a state visit to Ghana.
It will be recalled that, in 2016, Ghana was subjected to a second round of mutual evaluation by the Inter-Governmental Action Group Against Money Laundering and Terrorist Financing in West Africa (GIABA).
Although this round of mutual evaluation showed some progress over an earlier exercise in 2009, there were still significant gaps that needed to be addressed. This led to Ghana being placed under observation by the International Co-operation Review Group (ICRG).
As a direct result of Ghana being on the FATF list, the European Union added Ghana to its list of high-risk third countries with strategic deficiencies in their Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regime in October 2020.
Over the past three years, an Inter-Ministerial Committee led by the Ministry of Finance had been hard at work co-ordinating important reforms to make good for strategic AML/CFT deficiencies.
Welcoming President János Áder to Ghana, President Akufo-Addo described the visit as a landmark one, "as it is the first time since the fall of communism that a President from Hungary is paying a State Visit to Ghana. We are honoured by your presence, Mr President."
As President Akufo-Addo told guests, "President Áder and I first had the opportunity of meeting on the sidelines of the R20 Austria World Summit, held in Vienna in May 2019, where we both pledged our commitment to exploring further areas of interest for the mutual benefit of our two countries.
"This visit reinforces our commitment to engage each other further to this end."
The discussions between the two leaders and their delegations centred on the expansion of relations in the sectors of trade, pharmaceuticals, manufacturing, ICT, financial services, water management and environmental protection. An agreement was put in place for the commencement of meetings under the auspices of a Permanent Joint Commission for Co-operation (PJCC), which will serve as the platform for accelerating mutually beneficial co-operation between Ghana and Hungary.
President Akufo-Addo announced that soon, a number of key agreements will be signed between Ghana and Hungary, including the continuation of the education exchange programme, the mutual visa exemption for holders of diplomatic and service passports between the Republic of Ghana and Hungary, a memorandum of understanding on sports co-operation between the Ministry of Human Capacities of Hungary and the Ministry of Youth and Sports of Ghana, another MoU with Hungary on co-operation in the field of water management in Kumasi, and a third MoU in the field of environmental protection and nature conservation.
Source: asaaseradio
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} | 83_134495 | Nana Addo has not taken alcohol in fifteen years – Ursula
in Top Story October 7, 2010
Ms Ursula Owusu, Vice President of FIDA International and a member of the New Patriotic Party (NPP) has slammed the pro NDC youth group, the Media Analyst Group, dismissing allegations that Nana Addo Dankwa Akufo Addo is a drug addict and a drunkard.
She has urged the group to withdraw the unsavory remarks against her and other members of the NPP or face the full rigours of the law.
The Media Analysts Group on Tuesday, October 5, launched a barrage of criticisms against the presidential candidate of the New Patriotic Party, Nana Akufo-Addo describing him as a person of low morale standards and a drug addict.
The Group said that the flagbearer of the NPP is unfit to govern the country.
In a Press Statement signed by its spokesperson, Alfred Kojo Triddles, the group named a number of NPP functionaries such as Ursula Owusu, Gabby Asare Otchere-Darko among others as alcoholics and also strong drug addicts.
According to the group, issues of drug addiction as well as Nana Addo's daughter's drunk driving that occurred two months ago are enough reasons for his inability to govern the nation.
Responding to the allegations on Citi Eyewitness News on Wednesday, October 6, Ms Ursula Owusu warned that the NPP is arm ready to meet such "faceless" NDC youth groups boot for boot.
According to her, the Presidential candidate of the NPP is not a drug addict and has not taken alcohol for over fifteen years adding that such unfounded allegations are a deliberate attempt to smite Nana Addo's reputation.
Ms Ursula Owusu said the NPP has accommodated enough of the vituperations and the unwarranted attacks on its members. She charged the leadership of the Media Analyst Group to come out and withdraw their unsubstantiated comments or she will be left with no choice than to take them to court.
"In 2008 during the electioneering campaign, we saw politicking descend to its lowest stage in this country with all manner of false allegations against the NPP. We chose not to respond at that time because we thought that by descending into the gutters with the NDC we would be defacing politicking in this country…several years along the line we see the NDC adopting the same stance of the same politicking of personal insults and personalization and attacks on individuals. But this time around we are telling them that if they want to take us on that same line we will respond in kind…we will meet them boot for boot".
"Nana Akufo-Addo has not drunk alcohol for over fifteen years and that is a fact. Nana Akufo-Addo does not do drugs and that is a fact too. He has never done drugs in his life. Now these people have based all these allegations on text messages and we are going to put them to strict prove. Unfortunately for them they dared mention my name, everybody may choose to turn a blind eye to it but I won't…if they cannot substantiate those allegation that I am related to drugs, they better withdraw that within the shortest possible time or they will face the full rigors of the law…I will go to court and let them go there and defend that".
Source: Citifm |
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