Attorney-General and Minister of Justice, Dr. Dominic Ayine, has announced that investigations into the National Service Scheme (NSS) corruption scandal will be finalized by mid-April, setting the stage for legal proceedings against those implicated.
Speaking at a press briefing on Monday, March 24, Dr. Ayine assured the public that substantial progress had been made, particularly in uncovering fraudulent activities within the NSS.
Providing an update on the probe, Dr. Ayine revealed that investigators had gathered significant evidence pointing to financial misappropriation and corruption within the scheme.
“In the National Service scandal, eight suspects have been interrogated, and a good number of them have started ‘singing’ literally,” he stated. “We will give you details of their songs at the appropriate time.”
He disclosed that some high-ranking officials of the NSS allegedly received payments from private vendors and other scheme employees in what appeared to be illicit financial transactions.
“We now have evidence of payments that were made into the accounts of the top executives of the National Service by private vendors and staff of the scheme,” he added.
Beyond financial irregularities, the Attorney-General further disclosed that efforts had been made to suppress the scandal from public scrutiny.
“We also have evidence that the CEO of the National Service Scheme and others paid a Ghanaian MP to kill the story in the media and to defend them,” Dr. Ayine stated.
Sources close to the investigation suggest that fraudulent practices within the NSS included the inflation of payroll figures through ghost names, allowing officials to siphon funds meant for legitimate service personnel.
The Attorney-General described the case as “a developing story,” emphasizing that additional details would emerge in the coming weeks.
“This is a developing story, and more of it will come out very soon,” he assured.
Minister for Government Communications, Felix Kwakye Ofosu, has stated that Attorney-General Dr. Dominic Ayine will soon update Ghanaians on why he decided to drop legal cases against some government officials.
During an interview on TV3’s New Day, Mr. Ofosu acknowledged that it is uncommon for an Attorney-General to publicly explain why they discontinue cases. However, Dr. Ayine has pledged to do so in the interest of transparency and accountability.
According to Kwakye Ofosu, while receiving the ORAL report at the Presidency on Monday, Dr. Ayine assured that he would address the media in the coming days to clarify his reasons for withdrawing cases against certain public officials.
“Yesterday at the ORAL report presentation, he said that in the course of this week, he will engage the media to explain why he has taken that decision.
“In fact, it is not usual to have an Attorney-General offer explanations for why they issue noelle prosequi but this Attorney General said in the spirit of accountability and transparency and respect for the public, he will do so,” he stated.
The government has strongly defended its decision to discontinue what it describes as politically motivated court cases, despite criticism from investigative journalist Manasseh Awuni Azure and others.
Felix Kwakye Ofosu, a Minister of State in charge of Government Communication, has backed the Attorney-General’s decision, arguing that the cases in question were not based on solid evidence but rather driven by political motives.
Speaking on Joy FM’s Newsnight on Monday, February 10, Mr. Kwakye Ofosu questioned why opposition members were subjected to prolonged court trials while those behind politically motivated violence were not held accountable.
“I have always maintained that what justification existed for prosecuting Ofosu Ampofo and leaving out the state-sponsored terrorists who engaged in the mayhem at the Ayawaso West by-election?” he asked.
He pointed out the case of Samuel Ofosu Ampofo, former National Chairman of the National Democratic Congress (NDC), who was prosecuted over an alleged meeting discussing political violence. Meanwhile, individuals involved in violent incidents—such as those at the Ayawaso West Wuogon by-election—faced no consequences, despite a Commission of Inquiry recommending sanctions against them.
Attorney-General Dominic Ayine has officially moved to drop all charges against the former Second Deputy Governor of the Bank of Ghana, Dr. Johnson Pandit Asiama.
Mr. Asiama had been facing trial in two separate cases linked to the collapse of UniBank and UT Bank.
The Director of Public Prosecutions (DPP), Yvonne Atakora Obuobisa, submitted the notice of withdrawal to the trial court, signaling the end of proceedings against him.
“Please take note that at the next hearing of this suit, the Prosecutor, on the instructions of the Honorable Attorney-General, will withdraw all offences and/or charges against Johnson Asiama under sections 59(1), (2)(b)(ii), and (5) of the Criminal and Other Offences (Procedure) Act (1960), Act 30.”
Since 2020, Asiama and several co-defendants had been prosecuted for fraudulent breach of trust, money laundering, conspiracy, and violations of the Bank of Ghana Act. However, the Attorney-General dropped Asiama’s case due to insufficient evidence.
Before the withdrawal of Mr. Asiama’s case, former COCOBOD CEO Dr. Stephen Kwabena Opuni and businessman Seidu Agongo were also acquitted and discharged of all criminal charges brought against them by the State.
For the past eight years, the duo had faced 27 charges in court, including allegedly defrauding the state by false pretenses, willfully causing financial loss to the state, and contravening public procurement laws, despite consistently denying the allegations.
However, counsel for Opuni and Agongo, Samuel Cudjoe and Benson Nutsukpui, confirmed to the court that they had been served with the withdrawal notice.
Additionally, the Attorney-General has also dropped criminal charges against former National Democratic Congress (NDC) National Chairman Samuel Ofosu Ampofo and the party’s Communications Officer, Anthony Kwaku Boahen.
Meanwhile, former Finance Minister Dr. Kwabena Duffuor, his son, and other executives still face money laundering charges, with only Asiama being cleared of all accusations.
The Attorney-General and Minister for Justice, Godfred Dame, has assured Ghanaians that the era of questionable and excessive judgment debts against the state is over.
Since assuming office in 2021, he noted that his team has successfully safeguarded the country’s financial interests in both domestic and international litigation.
Speaking at the Annual Ghana Bar Association Conference in Kumasi under the theme “Peaceful, Fair, and Transparent Elections: The Key to Sustainable Democracy,” Mr. Dame highlighted the significant strides made by his office in protecting the state’s coffers.
He revealed that through diligent legal work, the Civil Division under his leadership has saved the country billions of dollars, equivalent to over 15 trillion Ghana Cedis, in civil litigations.
“The era of unwarranted, dubious, and scandalous judgment debts against the State, I can say, are clearly a thing of the past,” Dame said, adding that his office remains committed to ensuring that Ghana is not subjected to unwarranted financial losses due to questionable claims.
He acknowledged the increased complexity of the legal landscape, especially with international litigation rising due to the growth of industrialization and foreign investments in the country.
These developments, he explained, have exposed Ghana to more disputes on the global stage, but he assured that his team has risen to the occasion, defending the country in courts across the world.
“The State has had to litigate in the domestic courts of Norway, defend numerous arbitration claims in the Permanent Court of Arbitration, the London Court of International Arbitration, and other global legal forums,” Mr. Dame stated.
He emphasized the state’s favorable outcomes in these cases, often with little to no financial burden on the nation.
A particularly notable achievement, he added, is the fact that many of these complex cases were handled by the personnel of the Attorney-General’s office without outsourcing to external counsel.
“Now memorials, pleadings, and written submissions filed by the Office of the Attorney-General compare favourably with those filed by any lawyer on the international stage,” Dame asserted.
Despite facing ongoing challenges, including resource constraints, the Attorney-General expressed pride in the capacity and commitment of his team. He further called on Ghanaians, particularly critics of the government, to acknowledge the progress made in defending the country’s interests.
Mr. Dame also addressed the issue of social commentators who are quick to criticize the state’s efforts. He urged for more patriotism and understanding of the economic risks Ghana faced from losing high-stakes legal battles.
“These same people are quick to trumpet adverse awards given against Ghana in the past, obviously basking in the joy of such situations,” he remarked, urging the public to reflect on the consequences that could have befallen the nation’s economy if even a fraction of these claims had succeeded.
The Attorney-General reaffirmed his dedication to using the law as a tool for national development and protecting the interests of Ghanaians.
In February this year, the Ministry of Finance revealed significant figures regarding judgment debt payments made by the government between 2017 and 2022 in response to a Right to Information (RTI) request filed by JoyNews.
Documents provided in a letter dated August 2023 showed that a total of GH¢300,385,317.52 was disbursed during this period.
Blakk Rasta, an artiste and radio presenter, has voiced skepticism about the competence of Ghana’s Attorney-General and Minister for Justice, Godfred Yeboah Dame, following the Court of Appeal’s decision to acquit and discharge Ato Forson and Richard Jakpa in a case he had initiated.
During his radio show, ‘Urban Blend,’ Blakk Rasta questioned the efficacy of the Attorney-General’s office, remarking that the acquittal suggests a lack of substantial evidence in the case presented.
He criticized Dame for pursuing a case that, according to the court, lacked merit.
Blakk Rasta further expressed concerns about the integrity of the process, suggesting that the trial’s outcome reflects poorly on the Attorney-General’s legal acumen.
“If the courts are saying they have been acquitted and that there is no basis for this trial, then I sit back and wonder what kind of Attorney-General we have as a country.
“That he takes a matter to court and the court looks at the national lawyer in the face and say that you know this case you brought before us is a useless case, are you not a lawyer? Couldn’t you have known there’s no basis for this trial?
“So all the military jingoisms, oh he was sacked, oh he was a bad nut in the army and so forth came to nothing.”
He also highlighted the apparent futility of earlier claims about the accused being unsuitable or problematic, which he feels were undermined by the court’s decision.
In addition, Blakk Rasta called for an investigation into the leaked tapes associated with the ambulance trial, suggesting that the tapes might reveal undue pressure from the president and finance minister to expedite the case.
He stressed the importance of revisiting the tapes and ensuring accountability under the law.
“Now what I want us to go into is those leaked tapes. If the Attorney-General can sit somewhere and say that, the president and finance minister are pushing me, we have to put an end to this trial and finish it quickly, so that we can jail Ato Forson, then I think that we live on dangerous grounds.
We must look at those tapes again and enforce the law,” he said.
The businessman involved in the trial of the Minority Leader, Richard Jakpa, testified in the Accra High Court that he decided to confront the Attorney-General head-on after the court ruled against his submission of no case.
During cross-examination by the Director of Public Prosecutions (DPP), Jakpa stated that he felt betrayed and angered by the court’s decision to reject his submission and order him to present his defense.
He expressed disappointment, claiming that the Attorney-General had not assured him of this outcome, especially after he had offered to be a prosecution witness for the state and added that after that ruling, I (Jakpa) said, ”There is a war between the two of us whether I am jailed or acquitted because you (A-G) are trying to jail me and take my liberty as an innocent citizen.”
He expressed that the Attorney-General had inflicted significant harm on him by causing him pain, ruining his business, damaging his international business connections, and tarnishing his reputation, undoing all his years of hard work.
Jakpa recounted confronting the Attorney-General at Justice Kulendi’s residence after the court ruling, telling him that he felt unjustly deprived of his freedom by the Attorney-General’s legal maneuvers.
He warned the Attorney-General that he would retaliate using his own methods. Following Jakpa’s testimony, the DPP asked, “So all that you did with recording the A-G and bringing it out in the open was in furtherance of your declaration of war on him?.”
Mr. Jakpa disagreed with the Director of Public Prosecutions (DPP) but noted that if the Attorney-General had remained within the secure premises of Justice Kulendi’s residence, where they usually met, such recordings would not have occurred.
“Because I cannot engage in any recording in my cousins (Justice Kulendi’s house, it will be a mark of disrespect and betrayal of family values,” he said.
Evidence tendered in by the Prosecution in the ambulance trial involving former Deputy Finance Minister, Dr Cassiel Ato Forson and two others indicates that the third accused, Richard Jakpa, a businessman and Attorney General Godfred Dame shared 70 chats on WhatsApp.
On Tuesday, it was revealed in court that a majority of the texts on the social media platform were sent by the third accused.
Richard Jakpa who mounts the witness box today is said to have sent 68 messages to the A-G whereas Mr Godfred Dame sent 2 messages in reply.
Richard Jakpa is currently undergoing cross-examination by the Director of Public Prosecutions, marking a pivotal moment in the ongoing ambulance trial.
This follows the completion of cross-examination by lawyers representing Dr. Ato Forson, the first accused, last Thursday, June 13.
Justice Afia Serwah Asare-Botwe, serving as an additional High Court judge presiding over the case, called upon the Prosecution after Dr. Cassiel Ato Forson’s legal team, led by Dr. Abdul Basit Aziz Bamba, concluded their cross-examination on June 13, 2024.
Earlier, the Court had admitted an audio recording into evidence, capturing a conversation between Godfred Dame and Richard Jakpa, the third accused in the case.
Dr. Ato Forson, the current Minority Leader in Parliament, and businessman Richard Jakpa face allegations of deliberately causing financial loss to the state amounting to 2.37 million euros through the procurement of ambulances. Both have pleaded not guilty and are currently standing trial.
Mr. Jakpa is expected to endure a thorough examination from the Prosecution, anticipated to last at least five hours, in accordance with the Case Management Completion plan.
Meanwhile, the Court of Appeal has dismissed an appeal filed by the legal representative of Minority Leader, Dr. Cassiel Ato Forson, against an Accra High Court’s decision to dismiss an application for mistrial in the ambulance trial.
Justice Afia Serwah Asare-Botwe, presiding over the ambulance trial, ruled that the application filed by former Deputy Finance Minister Dr. Cassiel Ato Forson was not tenable.
The application alleged professional and prosecutorial misconduct on the part of Attorney-General Godfred Dame, referencing a tape in which Dame and a co-accused were purportedly discussing matters before the courts.
The judge found no statutory basis to declare a mistrial or to investigate the Attorney-General’s conduct.
My attention has been drawn to a statement by NDC’s National Communication officer claiming that the judge in the ambulance trial has directed the Attorney General, Godfred Dame, “to stay away from the trial on grounds of professional and prosecutorial misconduct”.
This statement is blatant falsehood and a complete misrepresentation of what transpired in court today. As a matter of fact, the court dismissed all the four applications filed by Dr Ato Forson and Richard Jakpa seeking to truncate the criminal trial and an order of inquiry into the conduct of the AG.
The court said there was no legal ground for any of the applications by the two accused persons. Obviously, disappointed by the ruling, The NDC is only seeking to mislead and deceive the public once again.
The learned judge only advised the AG that in view of all that had happened, she would advise him not to personally conduct the matter but rather allow the other attorneys of the Office of the Attorney-General to continue with the trial. The judge actually clarified after the ruling that she never ordered the Attorney-General not to continue handling the matter.
On the issue of the admission of the secretly recorded telephone conversation, the court stated that the admission of the tape has no bearing on the weight to be placed on it. In the circumstances of this case, the judge said that the tape was not relevant as the conversation did not show that the Attorney-General asked Richard Jakpa to help him make his case.
She said she had listened to the tape 10 times and did not hear the Attorney-General say those words. On the contrary, those words came from Richard Jakpa himself.
Some members of the public have called for the head of the Attorney-General, Honourable Godfred Dame, following his alleged leaked phone conversation with Richard Jakpa, the third accused in the ongoing ambulance trial.
The case involves the Minority Leader, Dr Cassiel Ato Forson, Mr. Richard Japka and one other. The Attorney-General has been publicly condemned for allegedly seeking to induce one of the accused persons, Richard Japka, to testify against the first accused person, Dr. Cassiel Ato Forson.
While some members of the public have charged the Attorney-General with professional misconduct, others have called for his immediate removal from office. Did the Attorney-General go wrong professionally or in law by seeking the cooperation of the third accused against Dr. Cassiel Ato Forson? This article is my contribution to the debate.
The Attorney-General’s alleged secret engagement with the third accused seems to have shocked most Ghanaians because our traditional understanding of criminal trial is that it is always an adversarial contest between the Republic, represented by the Attorney-General, on the one side, and the accused on the other side.
In a typical adversarial criminal trial, the Attorney-General and the accused may be said to be ‘opponents’ who are not supposed to engage in conversations and deals, secret or open.
However, with the introduction of plea bargaining into our law, criminal trial has greatly shed its adversarialism. Today, the Attorney-General and an accused person may eat together from the same bowl, sit together on the same couch, board one vehicle, or chat with each other, all in an attempt to strike a plea deal.
There is nothing wrong with the Attorney-General having a private conversation with one accused person and seeking his cooperation to prosecute another accused person.
One of plea bargaining’s greatest advantages is that in syndicated crimes, one accused may enter into an agreement to plead guilty in exchange for a ‘reward’ so that he will assist the Attorney-General to prosecute other accused persons.
This often happens when the Attorney-General is of the view that more concrete evidence may be obtained from one accused to bolster or augment the case of the prosecution against the ringleader or kingpin in a group crime.
As a practical matter, when an accused agrees to plead guilty for some reward and cooperate with the prosecution against another accused person, he immediately becomes prosecution witness.
Once an accused agrees to cooperate with the prosecution, he must assist the case of the prosecution to succeed. This kind of cooperation is common in plea negotiations.
For instance, under section 71 of the Office of the Special Prosecutor Act, 2017 (Act 959), the willingness of the accused to cooperate with the prosecution for the arrest and prosecution of other persons involved in corruption or corruption-related offence, is a factor to consider in determining the acceptability of a plea offer.
The use of prosecutorial inducements, threats, promises and coercion is an integral part of plea bargaining. The law permits the Attorney-General to threaten harsh punishment or promise lenient punishment or even promise absolute discharge, to induce an accused to plead guilty.
A prosecutor may adopt strategic overcharging to induce an accused to enter into a plea agreement. Strategic overcharging occurs when the prosecutor deliberately and strategically overcharges the accused person with the view that he will later drop some of the charges if the accused accepts to plead guilty to one or some of the charge(s).
Many people have argued, albeit wrongly, that what transpired between the Attorney-General and Richard Jakpa was not an attempt to initiate plea negotiation. It must be stressed that before the parties may notify the court of their intention to initiate plea negotiations, they must have engaged in some private conversations outside the court.
As a practical matter, the Attorney-General and the accused must have private talks to reach a tentative agreement to strike a plea deal before they officially notify the court. Plea bargaining is a consensual arrangement between the Attorney-General and the accused, and each side has the right to make any offer at all.
Plea bargaining can hardly be initiated without the Attorney-General and the accused engaging in some informal exchanges or conversations behind closed doors. There is therefore nothing wrong with the Attorney-General secretly talking with Richard Japka and seeking his cooperation to prosecute Dr. Cassiel Ato Forson.
Once Richard Jakpa was not represented by counsel at the time the leaked tape was allegedly made, the Attorney-General was right in communicating with him directly.
Even though the Attorney-General is a lawyer, his office is a creature of the Constitution (vide article 88 of the Constitution), and therefore not subject to the jurisdiction of the General Legal Council. The Attorney-General derives his authority and power directly from the Constitution. The Attorney-General and state attorneys do not require solicitors’ licence to practice law. Therefore, no case can be made against the Attorney-General before the General Legal Council.
Clearly, the ongoing ambulance trial is a syndicated crime, and Dr. Cassiel Ato Forson is obviously the alleged kingpin of the crime. It is not wrong for the Attorney-General to target Dr. Cassiel Ato Forson.
It is also not wrong for the Attorney-General to induce the cooperation of the other accused persons against Dr. Cassiel Ato Forson. Contrary to what some commentators say, the Attorney-General has no legal obligation to explain why he initially rejected Jakpa’s plea offer. The steps an decisions taken by the Attorney-General in this case may irritate the public, but they are neither illegal nor unprofessional. As Justice Kennedy observed in Lafler v. Cooper 131 S. Ct. 856 (2011), at p.1388, the reality is “that criminal justice today is for the most part a system of pleas, not a system of trials.”
As it may be recalled, the decision of Atto Essien in 2022 to enter into plea bargaining with the Attorney-General in the Capital Bank case attracted the same level of public outcry and condemnation as in this ambulance case.
The reaction of the public amply shows that many people do not understand the concept and practice of plea bargaining. Like it or not, plea bargaining is part of our law, and we must take it as we find it.
Maybe we have created a monster that is hunting us. The Attorney-General has the right to use every prosecutorial endeavour to obtain assistance from the other accused person to prosecute Dr. Cassiel Ato Forson, even if that means dropping all the charges against the other accused persons.
Source: Daniel Korang, Adom Legal Consult, Sunyani
DISCLAIMER: TIGPost.co will not be liable for any inaccuracies contained in this article. The views expressed in the article are solely those of the author’s, and do not reflect those of The Independent Ghana.
Attorney-General(AG) and Minister of Justice, Godfred Yeboah Dame, has requested the High Court in Accra to dismiss an application submitted by Mr. Richard Jakpa, the third accused in the ambulance procurement trial.
Jakpa’s application seeks to have the charges against him struck out and the proceedings terminated.
Jakpa is also requesting that the court stay proceedings or declare a mistrial.
However, the Attorney-General, in an opposing affidavit filed by a Principal State Attorney, argues that the applicant has not provided sufficient grounds to justify the application.
According to the Attorney-General, the application is not recognized by criminal procedure and practice in Ghana.
“That the instant application is a ruse and a desperate smokescreen set up by the applicant to abort his legitimate prosecution for the role he played in causing colossal financial loss to the State in the purchase of ordinary vans purporting to be ambulances.”
Godfred-Yeboah Dame argues that the application is anchored on untruths and a skillful manipulation of facts, and seeks to clothe Jakpa with immunity from prosecution.
The application, he says, is “incompetent and offensive to Ghanaian law.
“That I respectfully say that all persons are equal before the law and the Attorney-General’s constitutional responsibility to prosecute all crimes within the Republic cannot be injuncted in respect of some particular persons or any group of persons in Ghana.
“That the instant application is an extension of the public theatrics the accused persons have resorted to in a bid to discredit the prosecution of this case and cast doubt about the integrity of the proceedings in this Honourable Court, all of which the Attorney-General has so far observed utmost professionalism about, in spite of the persistent insults and abuse to his integrity by persons associated with the accused persons.”
The Office of the Attorney-General and Ministry of Justice has dismissed media reports alleging misrepresentation regarding changes in the panel overseeing the trial of former COCOBOD CEO, Dr. Steven Opuni.
The Attorney-General stated that these reports appear to be intentionally crafted to provoke public dissatisfaction with the Judiciary.
In a press release issued on Tuesday, May 14, the Office refuted allegations made by The Herald and comments on social media by individuals such as Prof. Kweku Asare.
It clarified that these claims were full of inaccuracies and insinuated that the composition of the panel during the appeal hearing on May 8, 2024, was irregular, questionable, or unconstitutional.
The Office’s statement emphasized the need to uphold public trust in the judiciary and condemned any efforts to undermine its integrity through misleading narratives.
It urged the public to ignore the reports, stating that the allegations were baseless and lacked merit.
“The attention of the Office of the Attorney-General and Ministry of Justice has been drawn to deliberate misrepresentations in the media (traditional and social) about the composition of a panel to hear an appeal in the Supreme Court in a case entitled ‘Republic vrs. Dr Stephen Opuni & 2 Others’.”
Publications in various newspapers, particularly the Herald, and commentary on social media by some persons including, Prof Kweku Asare, are laden with falsehood and contain an imputation that the composition of the panel for the hearing of the appeal on 8th May, 2024 was unusual, questionable or in violation of the Constitution.,” an excerpt of the statement said.
Deputy Attorney-General Alfred Tuah-Yeboah has indicated that 15-year-old Naa Okromo, who has been betrothed to the Gborbu deity, is still a virgin.
The Deputy Attorney-General made the information public while engaging the press today, April 18, 2024. According to Mr Tuah-Yeboah, a medical examination was carried out to arrive at that conclusion.
“The medical officers decided to examine the child to see whether she has been carnally known and also if she has been carnally known, whether she is pregnant.
“So the report, I can confirm, all the examinations were conducted, and she is intact,” he said.
Presently, investigations are focused on determining what took place on March 30.
“If anything adverse is found in this particular document, we give you the assurance that we will initiate prosecution. But if there is nothing about what happened, we will also let you know,” he added.
Meanwhile, a bond, which is a social welfare protocol, has been worked on by the Ministry of Gender, Children and Social Welfare, before Naa reunites with her family after being kept in Police custody. The parents of Naa will append their signatures to show their commitment to protecting child rights laws.
The Office of the Gborbu Wulomo-Shitse has clarified that the customary rites conducted on Saturday, March 30, for Naa and the 63-year-old Nuumo Borketey Laweh XXXIII, Gborbu Wulomo, were for her union with the Gborbu deity.
These rituals were aimed at facilitating her assumption of the role of Naa Yoomo Ayemuede, one of the four traditional and religious wives of the Gborbu deity.
In a statement signed by Rev. D. N. Gyasi Ankrah, Director of Administrations, the office emphasized that there was no involvement in carnal relationships or marriage, as commonly perceived.
The statement aimed to clarify misconceptions surrounding the customary and traditional rites performed during the weekend.
The ceremony, initially interpreted by many as marriage to the 63-year-old, occurred in Nungua, a suburb of Accra, and has faced condemnation from various quarters, including government agencies, international organizations, and the media.
Additionally, former Chief Operating Officer of MASLOC, Daniel Axim, has been sentenced to five years in prison with hard labor.
The convictions were based on 78 counts related to financial loss to the state, theft, conspiracy to steal, money laundering, and violations of public procurement laws.
Mr. Tuah-Yeboah stated that the extradition process for Mrs. Tamakloe-Attionu had commenced before the court’s verdict and, despite encountering some obstacles, he is confident that the recent judgment will facilitate the extradition process.
“What is refreshing is that she will be brought down to face justice. In Ghana, we have various laws, you can choose to stay away but so far as we have laws relating to how we can extradite you from one country to Ghana, be rest assured that she will be brought down to face justice,” he added.
Mr. Tuah-Yeboah expressed satisfaction with the sentencing and assured the public that there would soon be updates on Mrs. Tamakloe-Attionu’s return to Ghana.
The trial, which commenced in 2019, featured six state witnesses. Sedina Tamakloe-Attionu was tried in absentia as she fled after being granted court permission for a medical check-up abroad. Daniel Axim testified in person but did not call any witnesses.
The convictions relate to the misappropriation of funds allocated for MASLOC activities between 2013 and 2016. One instance involved the convicts withdrawing GH₵500,000 as a loan from Obaatampa Savings and Loans company, demanding repayment when the institution refused to provide a 24% interest rate.
Although evidence of the repayment was presented, it was not reflected in MASLOC’s accounts.
The duo was also found guilty of misappropriating over GH¢1.7 million allocated for a sensitization exercise, with only a fraction of the funds used as intended.
Similarly, funds disbursed for victims of a fire incident at Kantamanso were not fully distributed, with a significant portion misappropriated by the accused.
The case also involved the purchase of vehicles and Samsung phones for MASLOC, with the amounts paid exceeding prevailing market rates at the time, despite being bought in bulk.
On Wednesday, March 27, the Supreme Court heard the case filed by South Dayi MP, Rockson-Nelson Dafeamekpor over the Parliamentary approval of new ministers appointed by President Akufo-Addo.
The National Democratic Congress (NDC) has raised concerns about the scheduling of political cases in the Supreme Court, accusing the Chief Justice of bias against them. They argued that the writ of summons in the Supreme Court challenging the constitutionality of the Sexual Rights and Family Values Bill, 2024, on March 5, should have been heard first since Rockson Dafeamekpor filed his writ of summons on March 18.
Recent information indicates that the apex court did so because the Attorney-General and Minister for Justice, Godfred Dame applied for a speedy hearing of the injunction application by the South Dayi MP, Rockson-Nelson Dafeamekpor.
Speaking to journalists on Wednesday following the dismissal of the application, Mr. Dame clarified that both the court’s actions and the constitution permit such proceedings. He expressed bewilderment at the criticism directed at the Supreme Court for promptly addressing the issue.
“The duty to fix the date for the hearing rests with the registry of the Supreme Court and I do not understand where this business of people actually scrutinizing when applications are fixed for hearing or why this case has not been fixed for hearing, came from.
“Back in the day, if you file an application in the Supreme Court of Ghana it takes you even three months for you to get a date for a hearing. It is only after a party has made an application for an expeditious determination of the process that the matter will come up for hearing. Even the record shows that in this particular case, I specifically applied for an expeditious determination of the matter so it is not the Supreme Court of Ghana picking and choosing which case they should hear and not to hear.
“My first application for an expedited hearing of a matter in the Supreme Court, I did it way back in 2006 and I did another one in 2013 when we were in opposition. So it is always the prerogative of the Supreme Court registry to fix applications for hearing and if the date for the hearing has not been fixed or it is too far, it is incumbent on the party to apply to the CJ in accordance with the court act and constitution for an expedited hearing.”
When asked why it appears he is taking an interest in only matters that favor the government and not filing for an expedited hearing in the application against the anti-gay bill, Mr Dame said “we have filed a relevant affidavit in opposition in that matter, so I think all these comments are unwanted and indeed are baseless. We actually filed our opposition to the affidavit in answer to the Richard Sky matter before we filed the affidavit in answer today to this one.
“It is most instructive that Parliament itself was opposed to this application for interlocutory injunction by Dafeamekpor and I find it very interesting because the same Speaker of Parliament who earlier on adjourned proceedings in my view wrongly, on account of the pendency of this application then later on somersaulted and came to the Supreme Court and opposed the application and that is a point of interest to me. I think it shows clearly that the application clearly was frivolous and it ought not to be any manipulation of what went on in court, even Parliament itself was opposed to the application.”
He added “It is most unfortunate that persons who file processes before the court and then fail to take an interest in it. Indeed even when the same application for interlocutory injunction is pending or has not been determined, a day before they proceed to go and file another application for interlocutory injunction, there cannot be a greater demonstration of a desire to abuse the court process than this. Clearly, it shows an attempt to frustrate the Republic from pursuing its business and all. That is why it is necessary that as lawyers for the Republic, we take a keen interest in what happens and we make sure that such things are dealt with so that the state business can proceed.”
Mr. Dafeamekpor filed a lawsuit against the Speaker of Parliament (1st defendant) and the Attorney General (2nd defendant), arguing that the President should have sought parliamentary approval before reassigning ministers whose appointments were revoked. The apex court deemed the application frivolous and an abuse of court processes.
Despite the absence of Mr. Dafeamekpor and his lawyer, the court proceeded with the case and ruled against it. The five judges presiding over the case were Justice Kingsley Koomson, Justice Mariama Owusu, Chief Justice Gertrude Torkonoo (Presiding), Justice Amadu Tanko, and Justice Yaw Darko Asare.
The Attorney-General and Minister for Justice, Godfred Yeboah Dame, has denied receiving any interlocutory injunction related to the case brought by Member of Parliament for South Dayi, Rockson-Nelson Etse K. Dafeamekpor over the ministerial appointment made by President Akufo-Addo.
Mr. Dame, in a letter addressed to the Speaker on Thursday, March 21, clarified that he has not been served with any legal documents regarding such court proceedings.
“The plaintiff has not filed an application for interlocutory injunction seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President…”, or indeed, any other interlocutory relief.”
“Thus, there is nothing before the Supreme Court which may constitute a restraint or fetter on Parliament from proceeding with the approval of ministerial and deputy ministerial nominees presented to Parliament by the President in accordance with articles 78(1) and 79(1) of the Constitution.”
Parliament suspended the vetting process for the nomination of Ministers and Deputy Ministers of State by President Akufo-Addo on Wednesday, March 20, following a reported interlocutory injunction filed at the Supreme Court by MP Rockson-Nelson Dafeamekpor.
In his closing remarks to the House before adjourning on Wednesday, Speaker of Parliament Alban Bagbin cited the lawsuit as the reason for suspending the vetting process, as it prevented Parliament from proceeding with the nominations.
“Hon Members, I also bring to your attention, the receipt of a process from the Courts titled Rockson-Nelson Etse K. Dafeamekpor vrs. The Speaker of Parliament and the Attorney-General ( Suit no. J1/12/2024) which process was served on the 19th of March 2024 and an injunction motion on notice seeking to restrain the Speaker from proceeding with the vetting and approval of the names of the persons submitted by His Excellency the President until the provisions of the constitution are satisfied.”
Now, the Attorney General has noted that since no injunction has been filed, Parliament ought to proceed with the vetting and approval of Ministers and Deputy Ministers appointed by the President.
“The substance of Mr Dafeamekpor’s suit is a challenge on the power of the President to relieve Ministers serving in his government of their portfolios and reassign them to different Ministries.”
“It has no bearing on the approval of persons newly nominated by the President as Ministers and Deputy Ministers and duly presented to Parliament for approval in accordance with articles 78(1) and 79 (1) of the constitution.”
Attorney General and Minister for Justice, Godfred Yeboah Dame, has assured that the perpetrators responsible for the killing of investigative journalist Ahmed Suale will face justice.
Speaking in Parliament in response to questions from members of the House, the Attorney General stated that efforts are underway to arrest and prosecute those responsible for Suale’s death.
Pursuant to further request for information on the state of investigation, a second investigation docket was received by my Office in 2023. The docket indicated that investigations into the case are still ongoing, and the identities of the perpetrators were still outstanding. No identifiable suspects have been found yet.“
Mr. Godfred Yeboah Dame revealed to Parliament that extensive investigations have been conducted into the Ahmed Suale case, including efforts beyond Ghana’s borders by the Federal Bureau of Investigation (FBI).
He disclosed that the United States Government was engaged through the American Embassy in Accra to conduct a forensic examination of devices used by the deceased before his murder.
The late investigative journalist, Ahmed Hussein-Suale Divela
Additionally, investigations into the devices were conducted by the Department of Geomatic Engineering at the Kwame Nkrumah University of Science and Technology, Kumasi.
The Attorney General also provided updates on several high-profile murder cases, including those of Ahmed Suale, Fennec Okyere, JB Danquah, Shadrack Arloo, Major Maxwell Mahama, and Prof. Benneh.
Regarding the length of time taken for the investigations, the Attorney-General expressed sympathy for the late Ahmed Suale’s family but noted that some murder cases can take time to resolve. He cited the example of the murder of American rapper Tupac Shakur, which took authorities in the United States several years to solve.
“Just like the murderer of the late Tupac Shakur, justice will surely catch up with the murderers of Ahmed Suale. Mr. Speaker indeed the government is fully committed to ensuring that the murderers of the late Ahmed Suale are found and brought to book,” he said.
Mr. Dame cautioned the public against speculating about the motive for Ahmed Suale’s murder, suggesting that it may not be related to his work as an investigative journalist.
This statement prompted a question from Alhassan Suhuyini, the Member of Parliament for Tamale North, who asked for the basis of Mr. Dame’s assertion.
The Attorney-General responded by emphasizing that motives for murder can only be determined through thorough investigations. He cautioned against unfounded speculation, stating that it could undermine the ongoing investigations by the Criminal Investigations Department (CID) of the Ghana Police Service and prejudice public opinion.
Mr. Dame described suggestions that Ahmed Suale was killed because of his work as “very dangerous” and could undermine the integrity of the police investigations. He criticized Alhassan Suhuyini of the National Democratic Congress (NDC) for suggesting that Suale was murdered for his investigative journalism, calling it “propagandist.”
To support his point, the Attorney-General cited the case of Fennec Okyere, a music manager known for his work with artist Kwaw Kesse. He explained that investigations into Okyere’s murder revealed his involvement in several land disputes, cautioning against assuming he was killed because of his work in the music industry.
Joycelyn Chayah, popularly known as Empress Lupita, and her husband, ‘Godpapa The Greatest,’ have reportedly been declared mentally unstable during a court proceeding by the Attorney-General, Godfred Dame.
As per Ghanaian journalist Kofi Adoma Nwanwani’s report, the Attorney-General recommended that Empress Lupita and her husband be referred to a psychiatric hospital for treatment.
The decision was made after the court deemed the couple to be mentally unstable, and the Attorney General advised that treatment would be essential for their recovery.
In a video shared by MariGyata on Instagram, Kofi Adoma highlighted that this directive aims to facilitate Empress Lupita and her husband in overcoming their mental health challenges.
“As you can see, ‘Godpapa the Greatest’ and Empress Lupita are exiting the court premises. The good news is that the Attorney General [Godfred Dame] has advised that they should be taken to the [psychiatric] hospital for treatment because they are deemed mentally unsound.
“So as the family and most Ghanaians were looking for an outcome like this, it has indeed come to pass. As it stands, both of them would be allocated to two different hospitals,” he said.
When ‘Godpapa The Greatest’ was asked to share some words with the general public after the court sitting, he retorted, “I don’t want to talk but I wish Ghanaians a Merry Christmas. Next year, by this time, everything will be fine, with everyone alive too.”
The Deputy Attorney General, Alfred Tuah Yeboah, has revealed that his office intends to request daily hearings for the case involving Nana Appiah Mensah, also known as NAM 1, the former CEO of the now-defunct Menzgold Ghana Limited.
NAM 1 is currently facing 39 counts of fraud and money laundering charges, and the legal proceedings have been ongoing for several years.
Speaking to reporters on Tuesday, September 19, Tuah Yeboah explained that the proposal for daily hearings aims to expedite the case and provide closure for the victims affected by NAM 1’s alleged fraudulent activities.
“We are of the humble opinion that this is a matter that we must apply to the courts for an expedited hearing, so at the case management we will put up that application and request to the court, subject to the court’s convenience to have this matter heard on daily basis.”
In the latest development, Nana Appiah Mensah has been granted bail in the amount of GH¢500 million, with four sureties required, and none of them needing to provide justification. Additionally, he has been instructed to deposit his passport at the court registry as part of the bail conditions.
This decision comes after Nana Appiah Mensah pleaded not guilty to 39 counts of fraud and money laundering charges. He is currently on trial alongside Menzgold Ghana Limited and Brew Marketing Consult.
During the court proceedings, his lawyer, Kwame Akuffo, requested that the court maintain the bail condition of GH¢5 million without the need for justification, which had been previously set at the circuit court before the state entered a nolle prosequi.
The Head of Chambers at The Law Office of Clinton Consultancy, Amanda Akuokor Clinton, has expressed her confidence in the Attorney General’s ability to pursue the newly filed charges against the Chief Executive of the now-defunct gold dealership firm Menzgold, Nana Appiah Mensah.
The Attorney General has levied 36 charges against Nana Appiah Mensah, also known as NAM 1, which include abetment, defrauding by false pretences, operating a deposit-taking business without a license, engaging in unlawful deposit-taking, money laundering, and others.
This represents a reduction from the initial 61 charges that were filed against him.
Speaking on JoyNews’ Newsfile on Saturday, September 2, the lawyer said “there is a lot of hope, I think we have a relatively new AG who is trying to distinguish himself from other AGs.
“So, hopefully that will push him to make a mark, and one of the ways is through a high profile case such as this.”
Amanda Akuokor Clinton acknowledged that the Attorney General’s filing of new charges against Nana Appiah Mensah (NAM 1) came somewhat belatedly, considering the three-year duration of the case. However, she praised the Attorney General for elevating the case from the Circuit Court to the High Court.
She expressed her belief that the reduction in the number of charges to 36 is indicative of the Attorney General’s genuine intent to pursue the case.
“I do commend the Attorney General’s Department for at least saying they were very much investigating the matter,” she added.
She emphasized that in the money laundering case, the Attorney General can take further steps as it suggests that Nana Appiah Mensah (NAM 1) was involved in the process of legitimizing ill-gotten funds through his business.
Furthermore, she urged the Attorney General to collaborate with countries that NAM 1 frequently visited to trace and recover assets he may have in those nations. This action is aimed at facilitating the restitution of some of the money to the aggrieved customers.
The Attorney General initiated the prosecution of NAM 1 in 2019, accusing him of defrauding numerous customers through his gold dealership firm, resulting in losses amounting to millions of cedis.
The case has experienced several adjournments, and new charges were filed on Wednesday, August 30, 2023.
The decision to file new charges followed Mr. Appiah Mensah’s announcement of plans to release locked-up funds to Menzgold customers upon a payment of approximately GH₵650 for verification.
Subsequently, he reversed this decision, eliminating the requirement for former clients to purchase a verification Access Card following significant public and customer backlash.
“Menzgold would cease the production and printing of the PVC Digital Access Cards, which imposes a cost burden,” the defunct company said in a communique.
The company said it is resorting to “the printing of the PIN Codes only, for onward distribution at no cost subject to the following conditions, that; Clients with INVALID status may choose to either walk away or still in the face of the one or several of the 10 invalidity status reasons provided, adamantly proceed to seek redress or review of the invalidity determination, which shall come at a fee to avoid the abuse of our time, human and logistics resources.”
The continuous efforts of Attorney-General and Minister for Justice, Godfred Dame, have prevented Ghana from being hit by numerous judgement debts.
His reputation has recently been questioned by Member of Parliament for North Tongu, Samuel Okudzeto Ablakwa who says the Attorney-General is assisting senior New Patriotic Party (NPP) member, Gabby Otchere-Darko to exert influence on Ministry of Finance officials to release GHS 187.3 million to one of his clients, West Blue Company Limited.
In his August 1st edition of the Good Evening Ghana show, broadcast journalist, Paul Adom-Otchere denied Mr Ablakwa’s claims.
According to Mr Adom-Otchere, the Attorney-General cannot be considered to be “bad” as he is “resolving the problem.”
He noted that the works of the Attorney-General show he is a man of integrity. The journalist noted that Ghana has saved millions of cedis and dollars due to the efforts of Godfred Dame.
Mr Paul Adom-Otchere listed some major cases won by the Attorney-General.
NDK’s GH¢1.2bn judgement debt
In June 2021, a legal intervention by the Attorney-General (A-G) prevented the state from being liable for a judgment debt of over GH¢1.2 billion, which was being pursued by NDK Financial Services.
NDK Financial Services had initiated legal proceedings to compel the government to pay them GH¢1.273 billion, claiming it as an outstanding balance along with accrued interest on a judgment debt.
However, following the A-G’s challenge to the legitimacy of these claims, the Supreme Court ruled in favor of the state, awarding NDK Financial Services only GH¢14,699.74 with applicable interest.
The dispute in question pertained to a credit facility granted by NDK between 2005 and 2008 to Ahaman Enterprises Limited. The credit was meant for the installation of electrical poles and related materials on behalf of the Ministry of Energy.
Cassius Mining Limited vs Ghana
On August 1, 2023, the Accra High Court granted an injunction against Cassius Mining Limited, an Australian-owned mining company. The injunction was issued following an application by the Attorney-General (A-G) and Minister of Justice, Mr. Godfred Yeboah Dame, at the Commercial Division of the High Court in Accra on July 12.
In the application, the A-G requested an order of interim injunction against the mining company. The purpose of the injunction, as requested by the A-G, is to prevent Cassius Mining Limited from initiating or pursuing any arbitration proceedings outside the jurisdiction of Ghana.
This pertains specifically to the Prospecting Licence Agreement dated December 28, 2016, which was entered into between the Government of Ghana and Cassius Mining Limited. The injunction was granted by Justice Akua Sarpomaa Amoah, who presided over the case.
Earlier this year, the company had initiated an international arbitration against the Government of Ghana at the Permanent Court of Arbitration, seeking approximately US$300 million in compensation. However, this arbitration process was halted by the court due to objections raised by the Attorney-General.
Following the suspension of the arbitration at the Permanent Court of Arbitration, the company had opted for other international arbitration forums to pursue its case against the Government of Ghana.
According to the Attorney-General, on October 12, 2016, Cassius Mining Limited had applied for a prospecting license from the Government of Ghana. This license covered an area of 13.791 square kilometers in the Gbane/Datoko region of Talensi, located in the Upper East Region of Ghana.
Beijing Everyway Traffic & Lighting Technical Company Limited vs Ghana
On February 1, 2023, the Permanent Court of Arbitration rendered a final award on January 30, 2023, in a case involving an investor-state arbitration brought forward by Beijing Everyway Traffic & Lighting Technical Company Limited against the government of Ghana.
The tribunal ruled in favor of a preliminary objection raised by the Attorney-General, Godfred Yeboah Dame, who represented Ghana in the case.
The Claimant had initiated the arbitration based on the provisions of the Treaty between China and Ghana Concerning the Encouragement and Reciprocal Protection of Investments, which was concluded on October 12, 1989.
In its claim, the company sought damages totaling “not less than $55 million.”
Background
On December 16, 2011, Ghana entered into a Master Facility Agreement and related Finance Documents with the China Development Bank to secure a term loan facility for the development of 12 infrastructure projects, including the AITMS Project, in the country.
The AITMS Project was awarded to the Claimant, Beijing Everyway Traffic & Lighting Technical Company Limited, around April 2012. Following this, on September 17, 2012, the Claimant and the Ministry of Roads and Highways of Ghana entered into the EPIC Contract.
Under the terms of the EPIC Contract, Beijing Everyway agreed to supply equipment and offer technical services to the Ghanaian Ministry in relation to the AITMS Project in Accra. The Contract Price was set at US$100 million, and an initial payment of 30% was agreed upon.
Parliament of Ghana approved the EPIC Contract on December 22, 2018. The project’s commencement was set for August 26, 2019, with a completion timeframe of 24 months.
The Claimant asserted that between November 12 and 15, 2019, a delegation from the Ministry of Roads and Highways of Ghana visited their facilities in China to inspect equipment for the AITMS Project. In January 2020, the Department of Urban Roads of Ghana confirmed that the equipment could be shipped to Ghana. Additionally, the Department issued an onsite work permit for the project in January 2020, and the first installations for the project were initiated in February 2020.
During the project’s progress, the Claimant issued two Interim Payment Certificates totaling US$21,995,728 for completed work. By the time of the Notice of Arbitration in February 2021, the Claimant maintained that works with a contractual value of at least US$21,995,728 had been accomplished.
However, a series of events unfolded. In March 2020, the Minister of Finance of Ghana called for discussions regarding the AITMS Project. Subsequent meetings involving various Ghanaian officials led to decisions about the project’s supervision and responsibilities. Notably, the Parliament of Ghana rescinded approval of the EPIC Contract on November 19, 2020, leading to the Claimant’s termination notice on December 30, 2021.
The Claimant alleged that Ghana’s actions constituted a breach of the China-Ghana Investment Treaty, including unlawfully expropriating the Claimant’s investment and violating the Umbrella Clause.
Ghana contended that its actions were in the interest of national security and that the Tribunal lacked jurisdiction over the Claimant’s claims. The dispute centered around differing interpretations of the Treaty and the legality of Ghana’s actions within that context.
$15.3m Heritage Imperial ‘galamsey’ judgment against State
The High Court in Kumasi on May 2, 2023, overturned a $15.3 million judgment that was previously ruled in favor of Heritage Imperial, a mining company.
The Attorney-General and Minister of Justice, Godfred Yeboah Dame, initiated the application to nullify the judgment, asserting that the high court lacked jurisdiction to address the case.
In 2018, Heritage Imperial took legal action against the Ghanaian government due to the intrusion on its mining site in the Ashanti Region and the confiscation of its excavators by the Inter-Ministerial Task Force on Illegal Mining.
Following a comprehensive trial, Justice Samuel Diawuo, presiding over the case, determined on July 30, 2020, that the government’s actions were unlawful. Consequently, the court ordered the government to pay $15,304,714.20, the equivalent value of the machinery and equipment seized, or its present value in Ghanaian Cedis. The court also awarded general damages of GH¢500,000 and imposed costs of GH¢100,000 against the government.
However, when Godfred Yeboah Dame assumed the role of Attorney-General in 2021, he moved to set aside the judgment, arguing that the court lacked jurisdiction to hear the case. He later revealed that he had learned about the judgment through a news program on Joy FM, Newsfile, and hadn’t been aware of it during his tenure as Deputy Attorney-General.
Mr. Dame presented the application at the High Court in Kumasi on July 23, 2021. He highlighted several procedural discrepancies in the plaintiff’s case and contended that the plaintiff’s initiation of the legal action did not adhere to the obligatory statutory provisions of the State Proceedings Act, 1998 (Act 555), rendering it unlawful.
Furthermore, he asserted that the order for the government to pay $15,304,714.20 lacked a valid basis, as there was no endorsement on the writ of summons issued in support of the action.
Two more suspects have been taken into custody in relation to the alleged theft of valuables and cash from the home of Cecilia Abena Dapaah, a former minister of sanitation and water resources, and her husband, Mr. Daniel Osei Kuffour.
Deputy Superintendent of Police (DSP) Emmanuel Nyamekye revealed this information in the Accra Circuit Court presided over by Afia Owusu Appiah. With these recent arrests, the total number of suspects detained in the case has reached seven.
Main suspects The two main suspects — Patience Botwe, 18, and 30-year-old Sarah Agyei, have already been charged with conspiracy to commit crime and five counts of stealing while three others — Benjamin Sowah, Kwaku Botwe and Malik Dauda, have been charged with dishonestly receiving the alleged stolen money.
The two main suspects are alleged to have stolen personal effects of Madam Dapaah, including assorted clothes valued at GH¢95,000, handbags, perfumes and jewellery worth $95,000.
Additionally, Ms Botwe is accused of stealing six pieces of Kente cloth worth GH¢90,000 and six sets of men’s suits valued at $3,000, belonging to the former minister’s husband.
Meanwhile, the second accused, Sarah Agyei, a lactating mother, who has already been granted bail in the sum of GH¢1million with two sureties two weeks ago, has still not been able to execute the bail conditions.
Proceedings All five accused persons were absent when the case was called.
DSP Nyamekye told the court that the accused persons were absent because police investigators had travelled to Tamale where they made the two new arrests, hence their inability to bring the five accused persons.
He added that investigations were still ongoing in that jurisdiction.
The prosecutor further said that the Attorney-General had indicated his intention to take over the prosecution of the case and, therefore, prayed the court for a short adjournment to enable them to put their house in order.
A prayer for bail by Counsel for the accused was turned down by the court.
The court subsequently adjourned the matter to August 8, 2023, and ordered the prosecution to ensure that the accused persons were brought to court at the next adjourned date.
Brief facts According to the amended charge sheet and brief facts presented in court, Ms Botwe, also known as Maabena, was a house help of the complainants, Daniel Osei Kuffour and wife, Cecilia Abena Dapaah.
The court heard that Ms Agyei was also a former house help of the complainants.
The complainants reported the case to the police in June this year, after detecting the theft of cash and personal effects.
Ms Botwe was caught entering the couple’s room with a duplicate key.
Upon arrival, Mr Kuffour found Ms Botwe hiding behind the door.
The complainants later realised that some of their money and properties were missing.
Ms Botwe was subsequently arrested and released on police enquiry bail but went into hiding with her boyfriend, Benjamin, in Tamale where they allegedly rented a 3-bedroom apartment and a store.
An amount of $40,000 and GH¢72,619.70 was retrieved from the apartment.
Ms Botwe allegedly used the stolen money to buy a 3-bedroom house, a double-decker refrigerator, a water dispenser, a television set, a washing machine, and a chest cooler, among other items.
She also bought a Hyundai Elantra for Benjamin, who later sold it to purchase a Honda Civic.
Ms Botwe was also alleged to have given her father GH¢50,000, and GH¢1 million to her ex-boyfriend, Malik.
During interrogation, Ms Botwe implicated Sarah as her accomplice.
Parliament has granted its endorsement to the Whistleblower Amendment Bill, 2023. The approved bill aims to strengthen whistleblower protection measures and encourage the reporting of misconduct, signaling a promising step forward in the nation’s fight against wrongdoing and malfeasance.
According to the report, the main goal of this bill is to amend the current Whistleblower Act, 2006 (Act 720), with the aim of strengthening the funding channels for the Whistleblower Reward Fund.
On March 7, 2023, the Attorney-General (A-G) and Minister of Justice, Godfred Dame, presented the bill before parliament. Following its submission, the bill was referred to the Committee on Constitutional, Legal, and Parliamentary Affairs for a comprehensive assessment.
The Whistleblower Act, 2006 (Act 720), was enacted to incentivize and establish robust structures to strengthen Ghana’s ability to combat corruption and other illicit practices that hinder sustainable development efforts.
One of the key sections of Act 720, Section 20, is what captures the Whistleblower Reward Fund.
It relied on voluntary contributions and budgetary allocations from Parliament as its primary funding sources.
However, the Committee on Constitutional, Legal, and Parliamentary Affairs, led by Kwame Anyimadu-Antwi, in its report submitted to the House prior to the bill’s passage, noted certain shortcomings that needed to be addressed.
One major concern was the possibility of delays in releasing approved budgetary funds into the Whistleblower Reward Fund, which could affect the prompt payment of rewards to whistleblowers.
Additionally, Act 720 lacked clarity on the timeframe within which whistleblowers should receive their rewards for their efforts leading to the successful recovery of money or proceeds obtained from the sale of confiscated assets.
“The amendments proposed are, therefore, meant to cure the shortcomings in Act 720 by reducing over-reliance on budgetary allocations as the main sources of revenue into the Whistleblower Reward Fund and to also provide for timeliness for payment of the rewards to successful whistleblowers,” it said.
To rectify these issues, the proposed amendments aim to reduce reliance on budgetary allocations as the primary revenue source for the Whistleblower Reward Fund. This shift intends to ensure the timely payment of rewards to successful whistleblowers, thereby preventing demotivation due to delays.
The committee underscored the vital need to protect the identities of whistleblowers to shield them from potential hunts by powerful individuals in society.
Robust whistleblower protection mechanisms are crucial to encourage citizens to report misconduct, promote public accountability, and uphold integrity.
As part of the approved amendment, individuals and institutions receiving disclosures of impropriety, as per Section 3 of Act 720, are urged to maintain the utmost confidentiality and implement stringent protective measures to safeguard the whistleblowers’ identities.
The report further emphasized that motivating individuals to expose wrongdoing in both private and public sectors play a pivotal role in combating fraud, corruption, and unethical behavior.
Hence, continuous review and improvement of policies and legal frameworks that incentivize and protect patriotic individuals providing information on misconduct are essential.
The proposed amendment is seen as a crucial step in strengthening national efforts to combat corruption and reinforces the country’s commitment to promoting a culture of transparency and accountability.
The police have launched an investigation into a bullying incident captured in a viral video at Adisadel College.
The Office of the Attorney-General (AG) advised the police to consider possible prosecution after the issue gained public attention.
The incident occurred at Quaque House dormitory and involved a taller student, identified as Bobby, bullying a fellow student, Kelvin Ofori.
Bobby was seen strangling Kelvin, violently hitting his face against a bed, and leaving him with a swollen cheek.
The school has taken interim measures, suspending both students involved and requiring them to write their final exams from home.
The student who recorded the video will also face suspension, and those present but not reporting the incident will undergo internal punishment.
Kelvin’s mother, Margaret Afari, has appealed for him to be allowed to stay in school to write the exams.
The Ministry of Education and the Ghana Education Service are involved in further investigation and discussions with all parties.
Human rights lawyer Martin Kpebu suggested exploring Alternative Dispute Resolution to handle the matter without affecting the bully’s right to education.
Some teachers expressed concerns about the high number of students on the school premises, adding that housemasters were overburdened with their responsibilities.
Witnesses to the incident explained their hesitation to intervene, citing fear of the bully’s quick temper.
Junior students at Adisadel College shared their experiences of being harassed and bullied by rowdy seniors for money.
Member of Parliament for Assin North, James Gyakye Quayson, has initiated several legal procedures, including a new action at the Supreme Court, in an attempt to pause his criminal trial involving alleged perjury and forgery.
He is requesting additional documents from state prosecutors to fully comprehend the charges against him and is also seeking to suspend his day-to-day trial.
In response, the Attorney General, Godfred Yeboah Dame, has accused the legislator of orchestrating a scheme to prevent the court from hearing the case at any cost.
Mr Quayson’s lead counsel, Tsatsu Tsikata, informed the court on Friday about these new legal actions, emphasizing that they have the potential to impact the ongoing criminal trial.
“We have filed an application for a stay of proceedings that has been set for Wednesday the 19th of July at the Court of Appeal. We have also filed in the Supreme Court , a motion invoking the supervisory jurisdiction for an order directed at this court to quash the decision made on the 16th of July and another to prohibit the court from proceeding with the case,” Lawyer Tsatsu Tsikata is quoted to have said by MyJoyOnline.com.
According to reports, the application filed at the Court of Appeal is connected to the High Court’s decision to conduct the criminal trial on a day-to-day basis.
On the other hand, the application at the Supreme Court pertains to the legislator’s request for access to certain evidence that he believes the Attorney General has not disclosed.
The Attorney General has urged the court to proceed with the case, emphasizing that neither the Supreme Court nor the Court of Appeal has issued any order to halt the trial.
“Respectfully, the prayer before you is without any basis. And I am not surprised he has not referred you to any rule of law. It is an attempt to deny the court the right to hear the case.It is an attempt to prevent the continuation of the trial and I pray the court to disregard the request,“ he stated.
The Court of Appeal has adjourned proceedings to July 18 to deliver its ruling.
Former Attorney-General and Minister for Justice, Nii Ayikoi Otoo, has stated that a broader conversation is necessary to address the criminal case involving ,the Member of Parliament-elect for Assin North, James Gyakye Quayson.
Otoo, who also served as an ambassador to Canada, emphasized the political wisdom of entering a nolle prosequi in this case.
He highlighted the importance of considering the broader public sentiment and the potential reaction of the people of Assin North, particularly for the New Patriotic Party (NPP).
However, speaking to the media on Monday July 4, Otoo clarified that the decision to enter a nolle prosequi cannot be made solely by the Attorney-General, unless it is endorsed by the cabinet.
“It will be a good thing to enter a nolle prosequi and stop all this to show more maturity but you cannot as an Attorney-General do it on your own, you are not independent, you are part of a whole.
“The Attorney-General is bound by cabinet decision and cabinet secrecy even if he disagrees, once it has been taken, you are bound,” he said.
“So, if you ask me, what I will tell you is that there is the need for some negotiation, a broader conversation on the matter,” he stressed.
The former Attorney-General responded to recent statements made by the Dormaahene regarding the discontinuation of the Gyakye Quayson trial in an Accra High Court. The A-G, Godfred Yeboah Dame, swiftly refuted the Dormaahene’s comments.
James Quayson pleaded not guilty to multiple charges, including deceit of a public officer, forgery of travel documents, making a false statutory declaration, perjury, and false declaration for office. These charges stem from his alleged dual citizenship during his participation in the 2020 elections.
The Accra High Court mandated a daily trial, a ruling that has been challenged by Quayson’s legal team in the Court of Appeal.
Tensions ran high at the Criminal Division of the High Court in Accra on Friday, June 16, 2023, as the prosecution and defense clashed during the conclusion of the criminal trial of James Gyakye Quayson.
After the proceedings, Justin Pavra Teriwajah, the defense counsel, requested an adjournment until after June 27, 2023, citing the impending by-election and emphasizing the significance of the “national assignment” in which the accused is participating. Teriwajah urged the court to grant his client time to fulfill this crucial duty.
The Attorney-General, Godfred Yeboah Dame, who had been present in court but had thus far allowed his deputy, Alfred Tuah Yeboah, to handle the proceedings, rose to respond to the defense’s submission.
Mr. Dame sharply replied that the submissions by counsel for the accused were misplaced.
In the words of the Attorney-General, “Nobody had given the accused person a national assignment. He gave himself that assignment by deciding to contest. He knew that the Supreme Court had declared his election null and void. He knew that the criminal proceedings in this court were pending against him. He knew that one of the likely consequences was a jail term for him if he is found guilty. It was a voluntary risk he took by deciding to contest.”
Mr Dame further submitted that, since the accused had taken that voluntary risk, he would rather consider it to be in the interest of justice for a day-to-day trial of the matter to be conducted, so that the accused person, Mr Gyakyie-Quayson, would know his fate rather than wasting time and applying for the trial to continue after the 27th June.
Replying, Mr. Teriwajah stated that the Attorney-General was being unfair.
Ruling on the application by the A-G, the trial judge, Justice Mary Yanzuh, held that she considered the application by the A-G to have merits and in the interest of justice.
The judge indicated however, that, she did not have the benefit of using the courtroom on Mondays, and therefore adjourned proceedings to 20th, 21st, 22nd and 23rd June, 2023 (Tuesday, Wednesday, Thursday and Friday) at 12 pm on each day. The court will determine the subsequent adjourned dates.
This provoked very concerned reactions from the members of the NDC who were in the courtroom.
The high court, under the direction of Justice Eric Kyei Baffour, has scheduled May 17, 2023, to decide on the Attorney General’s request for a custodial sentence against William Ato Essien, the former CEO of Capital Bank.
This follows the court’s rejection of Ato Essien’s application to renegotiate with the Attorney General.
Ato Essien had violated the terms of an agreement that allowed him to avoid imprisonment by committing to repay ¢90 million to the state.
He failed to meet the payment deadline of ¢20 million by April 28, 2023, after making an initial payment of ¢34 million.
In light of his non-compliance, the Attorney General stated that they have no option but to seek a custodial sentence through legal proceedings.
But the lawyers of Ato Essien, however, disagreed, asking the court to give meaning to the law allowing such an agreement.
Lead Counsel, Thaddeus Sory insisted the aim was to ensure recovery, while indicating that the businessman has simply come into some financial difficulty hence the inability to meet the terms of the agreement.
“Let’s take a pragmatic look at this. We are urging section 10(4) of the interpretation act which requires the court to read every statute and take into account the purpose of the statute in interpreting an Act.
“We have attached an agreement which shows the inflows that were to come in.
“We also want to draw the court’s attention to the fact that the instant proceedings are proceedings to execute the judgement of the court which is intended to execute the judgement of the court which convicted the accused person.
“The court has inherent power in any situation to suspend execution of its powers if there is good reason to. We are drawing the court’s attention to Article 126(4) of the 1992 constitution.
“My lord has residual power in so far as the final orders are concerned. You have the power to issue further directions,” he stated.
Deputy Attorney General Alfred Tuah Yeboah however insisted that the custodial sentence had become necessary.
“An accused person must respect the sanctity of his own agreement. That is the spirit behind section 35. In this particular case, the convict has breached his own agreement.
“He has come to the end of the road. Accordingly, the invitation to this court to stay proceedings and grant leave to the convict to renegotiate with the prosecution is a dangerous invitation and must be declined.
“The grant of this application will rather send a dangerous signal to other persons that they can come to the court, agree on specific terms, breach those terms and come back to the court for an extension.
“The state is not interested in renegotiating with the accused person. It will, therefore, serve no useful purpose in staying proceedings for the state to undertake an activity it is not willing to do,” Mr Yeboah stated.
Justice Eric Kyei Baffuor dismissed the application saying it was urging the court to interpret the law.
“First, being a convict before the court, I think mens rea is a requirement in a criminal trial before conviction. The stage at which we are is one of a consideration for the imposition of a custodial sentence and I do not think that the claim for the court to find the mens rea at this stage is well made. We have gone beyond that stage.
“I have also been called upon to apply or interpret section 35 of Act 459, purposively but not literally. Purposivism is not a blanket cheque to the judge to read into and import into the text of the statutory provision any imaginary or fanciful strained interpretation.
“I, therefore, fail to see the invitation by learned counsel in respect of the approach to the proper construction of section 35.
“I do not find it necessary to exhaustively respond to the issue of the amount paid by the convict and what should happen. I will deal with that in the motion of the Republic,” he said.
Lawyers representing William Ato Essien, the former CEO of the defunct Capital Bank, have had their application to set aside any proceedings that could lead to a custodial sentence for their client dismissed by the Accra High Court.
The State filed processes to get William Ato Essien imprisoned for not making payments as part of his GH¢90 million restitution deal after pleading guilty to the offences levelled against him.
Instead of facing an earlier jail sentence, Ato Essien agreed to refund the money after entering a plea bargain with the state under Section 35 of the Courts Act.
As part of the agreement, he made a GH¢30 million deposit and was expected to pay the whole balance of GH¢60 million in three instalments, but failed to do so beginning April 28, 2023.
Displeased Ato Essien requested further negotiations on the terms of payment.
In court, Thaddeus Sory, Mr Essien’s legal representative, argued that a custodial sentence would defeat the purpose of section 35(7) of the Courts Act, which formed the basis for the agreement.
He also maintained that the judge has the authority to suspend proceedings relating to the imposition of a custodial sentence when it concerns the implementation of a court judgment.
But the State opposed this, indicating that the section being cited does not provide the court the opportunity to exercise discretion and vary the terms of the agreement.
According to state, they are no longer interested in renegotiating the deal.
The Judge, Justice Eric Kyei Baffour after considering the application dismissed it without merit.
Meanwhile, the case has been adjourned to May 17, 2023, for the court to hear the state’s application for jailing Ato Essien.
Former CEO of Capital Bank, William Ato Essien, has taken action to avoid going to jail for failing to pay the state the agreed-upon sum of GH$20 million after entering into a plea agreement.
Essien has made a payment of GH¢4 million to the state which makes 20% of the agreed sum.
The Attorney-General, a week ago, filed a motion praying an Accra High Court to impose a custodial sentence on Essien for failing to pay GH¢20 million to the state.
The court fixed May 11, 2023, for the Attorney General to move the motion, but the payment means Essien would likely escape jail for the time being.
The former banker was in December 2023 ordered by an Accra High Court presided over Justice Eric Kyei Baffour to pay GH¢20 million to the state by April 28, 2023.
Essien narrowly escaped a custodial sentence after his lawyers had agreed with the Office of the Attorney General to pay GH¢60 million in three installments.
He had earlier on paid GH¢30 million out of GH¢90million while the trial was ongoing.
The AG’s move was ocassioned by the fact that Essien’s deadline to remit GH¢20 million to the state by April 28 had elapsed with no evidence of him having done so.
The AG had written to the Controller and Accountant General to find out if Essien had made any payment following the court order.
Response from the Controller and Accountant General showed that Essien had not made any payment.
Since January 2022, there have been a total of 119 criminal cases pending at the High Court and a few Circuit Courts across the nation. These cases involve the prosecution of roughly 725 people for crimes related to illegal mining (galamsey) in the nation.
The main regions where the prosecution of people involved in illicit mining is being done are the Eastern, Ashanti, Western, and Greater-Accra Regions. There are some in the Northern and Upper East Regions as well.
The Attorney-General and Minister for Justice, Godfred Yeboah Dame, provided a breakdown to the media and said that, on average, a typical galamsey case entails the arrest and prosecution of at least six or seven people.
For that matter, the total number of persons standing trial in the 119 cases is over 727. Most of the cases are prosecuted in the region in which the arrests were effected.
According to Mr. Dame, certain Ghanaians, Chinese, Nigerian, Nigerien, Burkinabe, and other West African nationals are involved in the trials.
Thirty-three (33) cases are being prosecuted at Tarkwa and Sekondi in the Western Region, twenty-three (23) cases are being prosecuted in the Obuasi and other parts of the Ashanti Region, and seven (7) cases are now pending in the High Court in Accra.
In the courts in Bolgatanga and Tamale, the Upper East and Northern Regions have three (3) and one (1) cases, respectively.
The Minerals and Mining (Amendment) Act, 2019 (Act 995) defines the offenses for which the accused are being tried as undertaking a mining operation without a license and buying or selling minerals without a license.
The passage of Act 995, spearheaded by the Akufo-Addo administration in 2019, enhanced the sentences for both buying and selling minerals without a licence and undertaking a mining operation without a licence.
In the case of a Ghanaian, it is now a term of a minimum of fifteen years imprisonment and a maximum of twenty-five years together with a fine of a minimum of ten thousand penalty units and not more than fifteen thousand penalty units. In the case of a non-Ghanaian, Act 995 has enhanced the punishment for the same offences to a term of a minimum of twenty years imprisonment and a maximum of twenty-five years, together with a fine of a minimum of one hundred thousand penalty units and not more than three hundred and fifty thousand penalty units.
The new punishment regime is in contrast to the situation under Act 703 passed in 2006, which prescribed a penalty of a minimum of three thousand penalty units or imprisonment of not more than five years for the offence of trading in minerals and mining without a licence.
Some severe challenges with prosecution of galamsey cases
The Attorney-General drew attention to some of the challenges which have accounted for the relatively slow pace of prosecution of suspected galamsey offenders.
He stated that the grant of bail by the court to accused persons on very lenient conditions enables accused persons to easily meet them and abscond afterwards.
A number of the accused persons standing trial around the country have absconded after they were granted bail by the courts. Estreating the bail bonds has proved futile since the sureties have also absconded. Even when they do not abscond, they go back to engage in galamsey after having been granted bail by the courts.
The A-G indicated that the Judiciary ought to cooperate in this fight against galamsey by being cautious in the grant of bail and speeding up its processes to ensure swift prosecution and punishment of offenders.
There is also a lack of cooperation on the part of witnesses. The prosecution sometimes finds it difficult to secure witnesses who initially give statements at the investigations stage to come to Court to testify.
The unwillingness to testify is attributable to the fact that witnesses in galamsey cases live in the same community as the accused persons and are often threatened and intimidated by them.
Mr. Dame also indicated that sometimes, investigators fail to seize the illegal mining equipment used to commit the crime, and even when they do, they fail to bring the items to court. This makes the case of the prosecution quite difficult.
Another challenge is the failure of arresting officers to arrest suspects on the mining site itself, thereby making it difficult to link the suspects to the offence.
The absence or lack of court interpreters who can speak and interpret court proceedings in the language accused persons may want to use, as witnessed in the trial of a Vietnamese national in Accra, slows down court proceedings.
The A-G assured the nation of the commitment of his Office to the prosecution and punishment of suspected offenders following the conclusion of sound investigations.
Wrong sentencing by the court
One major drawback to the prosecution of galamsey offenders is what the A-G describes as the “strange and absurd situation” where some judges fail to apply the new mandatory punishment for convicted persons and rather sentence them to a fine only.
He cited the example of a conviction of some Chinese and Ghanaian nationals for galamsey by a Circuit Court in Tarkwa in 2021 and the accused persons were sentenced to a fine.
Pursuant to the instruction of the A-G, the Western Region Office of the Attorney-General intervened and applied to the High Court for judicial review of the orders of the Circuit Court.
This application was upheld and the accused persons were then sentenced to terms of fifteen and 20 years as required by law, which are being served.
A similar situation has occurred in the Upper East Region with persons being prosecuted by the Police, having been convicted in 2022 and sentenced to only a fine. This has come to the attention of the A-G, who has instructed the Upper East Regional Office of the Attorney-General to take over and file applications to quash the sentences and for the mandatory minimum of fifteen years in jail to be imposed.
Galamsey cases in the Greater-Accra – Aisha Huang
Even though Greater Accra is not a “galamsey region”, the High Court, Accra, has been the scene of many high-profile prosecutions in the fight against galamsey, especially involving Chinese and other foreign nationals.
Notably, in September 2022, the Attorney-General, Godfred Dame, revived the prosecution of the alleged notorious galamsey queen, En Huang also known as Aisha Huang, after her prosecution had been discontinued by the Republic in 2018, and she had been subsequently repatriated.
The prosecution of Aisha Huang is proceeding steadily, with the prosecution expected to close its case by Thursday, 4th May, after having called 11 witnesses.
Mr. Dame stated that most of the galamsey cases involving foreign nationals are often coupled with charges under the immigration laws of Ghana, in view of the regular infraction by them of those laws. Most immigration offences are however punishable with the option of a fine, a situation the Attorney-General cited as responsible for the persistent violation by foreign nationals. There is a need for a strengthening of Ghana’s immigration laws to make the punishment for a violation stricter and more deterrent.
Prosecution of galamsey in the Eastern Region
50 galamsey cases are currently pending in the High Court and Circuit Courts in the Eastern Region. The prosecution has closed its case in about eight (8) of them, with the court holding that a case has been established for the accused persons to open their defence. The accused persons are thus calling evidence in their defence.
Convictions in the Eastern Region
The Attorney-General had cause to recognise the exceptional contribution of the Eastern Regional Office of the Attorney-General for their distinct contribution to the punishment of galamsey.
It would be recalled that in October 2022, the Attorney-General reported the conviction of 187 persons, including twenty-nine (29) nationals of Niger, seven (7) Nigerians and 3 Chinese for galamsey offences between 2017 and October 2022.
A majority of the accused persons were tried and sentenced under the old section 99 of the Minerals and Mining Act, 2006 (Act 703), which allowed punishment by a simple fine. This situation often compelled accused persons to plead guilty and walk away with just the imposition of a fine. The enhancement of the punishment for galamsey with the mandatory 15 years in prison, in the case of a Ghanaian and 20 years imprisonment in the case of a foreign national, in the view of the Attorney-General, has made trials in galamsey cases last longer as accused persons resist pleading guilty and resort to various processes to frustrate their trial.
This notwithstanding, out of the 187 convicted persons, thirty-three (33) were tried and sentenced under the new Act 995 between August 2021 and September 2022, and are currently serving various prison terms of between 15 years and 20 years, together with fines imposed by the court.
Galamsey trials in the Western Region
Mr Dame stated that 23 galamsey cases are currently pending, mostly at the courts in Tarkwa and Sekondi. These cases involve a range of people, including foreign nationals and officers of companies which have abused their exploratory and prospecting licences to illegally engage in mining.
Prosecution of galamsey offences in the Ashanti Region
The Ashanti Region also records 33 pending galamsey cases since 2022. The Attorney-General indicated that until recently, dockets on galamsey cases were prosecuted entirely by the Ghana Police Service, a situation which was fraught with serious challenges and which compelled the Attorney-General to instruct the Head of the Kumasi Office of the Attorney-General to call for all dockets on galamsey for prosecution.
This has sped up and boosted the general efficiency of prosecution of galamsey cases in the Ashanti Region.
The verdict of a jury made up of 7 people that tried Gregory Afoko, the man accused of killing Adams Mahama, the former regional chairman of the New Patriotic Party (NPP), has been criticized by the bereaved family.
Mr. Afoko would need to face new charges as the jury was unable to agree on a verdict by a vote of 7-0.
However, the jury found his co-accused Asake Alange guilty of conspiring to commit murder, and he now faces being hanged.
For the past eight years, Mr. Afoko, the brother of former NPP Chairman Paul Afoko, has been on trial for the death of Adams Mahama.
Reacting to this, lawyer for the Adams Mahama Family Anthony Namoo said “We are of the view that compelling evidence was led by the prosecution and so we are not happy about the outcome.”
The late Adams Mahama
“But whatever it is, it wasn’t also a very bad case because we have a mistrial 4-3 and having one person convicted and sentenced to death, I think that is fine,” he is quoted to have told JoyNews.
Meanwhile, Attorney General Godfred Yeboah Dame says the verdict shows the severe challenges with the Jury Trial in Ghana.
A pressure group called OccupyGhana has requested the government to retract its response to a question about the status of the planned conduct of Public Officials Bill 2022.
OccupyGhana maintains that it is being caught by the government’s letter’s secret and confidential labelling.
OccupyGhana requested an update on the status of the relevant Bill in a letter to the Attorney-General (AG) and Minister of Justice in August 2022.
It used the Right to Information law to request information about the actions being taken by the proper authorities in response to recent claims of conflict of interest “levelled against some government employees.”
After six months, the government’s reaction to the pressure has been classified as confidential.
However, OccupyGhana suspects this is a deliberate attempt by the government to trap it and requests that the response be immediately withdrawn.
“Our request to you in the exercise of our constitutional right to information was not confidential. We were certainly not seeking information that constituted a state secret. We just wanted to know the status of the Draft Bill, since we knew it had been submitted with a Memorandum for Cabinet’s approval. Cabinet’s decision, which would mean the Executive will or will not forward it to Parliament for debate and enactment into law, is not a matter that is confidential or a state secret.”
“Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offences under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path”, the statement read in parts.
The draft Conduct of Public Officers Bill, 2022 proposes, among others, the removal of the unconstitutional extension of time given to public officers to declare assets and liabilities.
The draft Bill is however yet to obtain Cabinet approval for onward consideration and approval by Parliament.
OccupyGhana has in the past been pushing for the swift passage of the Bill.
Here is the full statement from OccupyGhana
RE: RIGHT TO INFORMATION REQUEST ON THE STATUS OF THE DRAFT CONDUCT OF PUBLIC OFFICERS BILL, 2022
We have received your letter dated 14 February 2023 (your ref: OPCA.3/3/140223), responding to our inquiries on the above-matter. You have finally communicated to us, six months after we first wrote to you, Cabinet’s decision on whether or not it would approve the above-mentioned Draft Memorandum and Bill for submission to Parliament. For the communication of such a momentous decision by the Executive, we are taken aback that your two-page final response to our Right to Information Request is boldly stamped ‘CONFIDENTIAL’ on the first page and marked ‘SECRET’ on the second page.
Our request to you in the exercise of our constitutional right to information was not confidential. We were certainly not seeking information that constituted a state secret. We just wanted to know the status of the Draft Bill, since we knew it had been submitted with a Memorandum for Cabinet’s approval. Cabinet’s decision, which would mean the Executive will or will not forward it to Parliament for debate and enactment into law, is not a matter that is confidential or a state secret.
Unfortunately, the ‘trap’ of those markings means that if we disclose this momentous and disappointing decision to the public, we could, arguably, be charged with offences under the State Secrets Act, 1962 (Act 101). Although we think any such prosecution would be wicked and would certainly fail, we do not want to go down that path. It is simply unthinkable and befuddling that Cabinet would take a decision to either approve or refuse approval of a Draft Bill that seeks to regulate the conduct of public officers, declaration of assets, etc, and which is already in the public domain, but would want its decision on the matter and the reasons for it to remain confidential and/or a state secret. We dare Cabinet to be bold and allow us to share your letter with Ghanaians, and not cower behind the State Secrets Act on a matter like this.
We therefore invite you to communicate to us in writing, your withdrawal of those markings, so that we may inform the people of Ghana of the Government’s interest or otherwise in working to ensure that the Draft Bill becomes law that will regulate the conduct of public officers, for the several reasons you state in that letter.
Kindly respond at your earliest convenience.
We will follow your lead and send copies of this letter to all the persons you copied your letter to. But we will also copy all press houses because our letters to you are neither confidential nor a state secret.
Yours in the service of God and Ghana
OccupyGhana
cc. Chief of Staff Office of the President Jubilee House Accra
Secretary to the President Office of the President Jubilee House Accra
Attorney-General & Minister for Justice Office of the Attorney-General & Minister for Justice Accra
Minister for Information Ministry of Information Accra
Outspoken Political Scientist Professor Ransford Gyampo suspects the directive by the Attorney-General to the Auditor-General to ‘unpublish’ it’s report on the expenditure of COVID-19 funds is an attempt to cover up on expenditure used to mitigate the pandemic.
Prof Gyampo asserted that if the COVID-19 funds had been used well by the Government the audited report on it should have been leaked.
The Attorney General has directed the Auditor General to withdraw its audited report on the use of COVID-19 funds for failing to have document scrutinized by Parliament prior to its publication.
The Attorney General has directed the Auditor General to withdraw its audited report on the use of COVID-19 funds for failing to have document scrutinized by Parliament prior to its publication.
“Godfred Dame, telling the Auditor-General not to publish its report on the use of Covid-19 funds is an unnecessary assault on transparency and cover up. If the funds were used well, then you should actually be leaking the audited report,” he noted.
The audited report has detailed widespread misuse of the huge amounts that was raised to combat the pandemic.
Beijing Everyway Traffic & Lighting Tech. Co. Ltd requested an award of damages in the amount of “not less than US$55 million” under the terms of a treaty between the governments of the People’s Republic of China and the Republic of Ghana concerning the encouragement and reciprocal protection of investments that was signed on October 12, 1989.
The final award of the Permanent Court of Arbitration shows that at the proceedings, the Government of Ghana was represented by the Attorney-General and Minister for Justice, Godfred Yeboah Dame. Other Counsel listed as part of Ghana’s team include Ms. Diana Asonaba-Dapaah (Deputy Attorney-General); Mrs. Helen Akpene Awo Ziwu (Solicitor-General); Dr. Sylvia Adusu; Mrs. Grace Mbrokoh Ewoal and Ms. Yvonne Bannerman, all state attorneys.
Background
The dispute leading to the arbitral proceedings relates to an intelligent traffic management system project in Accra, Ghana, namely the AITMS Project. On 16th December 2011, Ghana signed a Master Facility Agreement and other related Finance Documents with the China Development Bank for a term loan facility to develop twelve (12) infrastructure projects in Ghana, including the AITMS Project. The Claimant was awarded the AITMS Project on or about April 2012. Subsequently, on 17 September 2012, the Claimant and the Ministry of Roads and Highways of Ghana signed the EPIC Contract.
Under the EPIC Contract, the Claimant, Beijing Everyway, agreed to supply equipment and provide technical services to the Respondent in respect of the planning, design, construction, supervision, operation and training for the AITMS Project in Accra. The Parties agreed to a Contract Price of US$ 100 million and an advance payment of 30%.
On 22nd December 2018, the Parliament of Ghana approved by resolution the EPIC Contract. The Commencement Date of the EPIC Contract was fixed as 26th August 2019 and the works were scheduled to be completed in 24 calendar months.
According to the Claimant, between 12th and 15th November 2019, a six (6) member team of the Ministry of Roads and Highways of Ghana conducted a technical visit to its factory and warehouses in China to inspect the production and inventory of the equipment for the AITMS Project.
During the visit, the Ghanaian delegation observed, inspected and counted the manufactured equipment prior to shipment to Ghana. In January 2020, the Department of Urban Roads of Ghana, under the instruction of the Ministry of Roads and Highways of Ghana, confirmed that Beijing Everyway could ship to Ghana the equipment inspected by the technical team in November 2019. On 15th January 2020, the Department of Urban Roads of Ghana issued an onsite work permit to Everyway for the AITMS Project, covering the installation of new traffic signals, communication network and general civil works at signalized and non-signalized intersections in Accra.
On 3rd February 2020, Everyway reported to the Department of Urban Roads of Ghana that it had loaded nineteen containers of equipment for shipment for the AITMS Project and asked it to prepare for import customs clearance in Ghana. On 21st February 2020, about six months after the commencement of the AITMS Project, the first installations at two intersections in Accra were switched on, indicating the official launch of the AITMS Project in Ghana.
During the course of the AITMS Project, the Claimant issued two Interim Payment Certificates amounting in total to US$ 21,995,728 for works that had been performed up to the date of issuance of each Interim Payment Certificate. According to the Claimant, by the time of the Notice of Arbitration (i.e. 10 February 2021), Everyway had completed works with a contractual value of at least US$ 21,995,728.
According to the Claimant, on 24th March 2020, the Minister of Finance of Ghana requested the Vice President of Ghana to convene a meeting to discuss the AITMS Project. Two meetings among the Vice President of Ghana, Minister of Finance of Ghana, Minister of Roads and Highways of Ghana, Minister of National Security of Ghana, and Deputy Attorney General of Ghana were subsequently called in early April 2020, where it was agreed that two technical teams from the Ministry of National Security and Ministry of Roads and Highways of Ghana would be formed to supervise certain of the AITMS Project. It was also further agreed that Ministry of Roads and Highways of Ghana would remain responsible for certain other aspects of the AITMS Project.
On 24th April 2020, the Vice President of Ghana issued a decision letter to direct the Minister of Finance of Ghana to convey to the China Development Bank that the project would proceed as approved, with Everyway being the contractor and the Ministry of Roads and Highways of Ghana being the implementing agency on the part of Ghana. However, on 19 November 2020, the Parliament of Ghana suddenly informed the Claimant of Parliament’s decision to rescind the approval of the EPIC Contract.
Accordingly, on 30th December 2021, the Claimant served Ghana with a notice terminating the EPIC Contract on the ground that the Respondent had “either directly or indirectly, unlawfully expropriated” the Claimant’s investment because the Parliament of Ghana, inter alia, “rescinded approval for the valid and effective EPIC Contract under which Everyway had completed substantial amount of work with (a) no national security or public interest justification, (b) no due domestic legal procedure, (c) in a discriminatory manner, and (d) with no compensation whatsoever for the damages caused.”
The Claimant sought a declaration that the Respondent has breached Article 4(1) of the China-Ghana Investment Treaty. Furthermore, the Claimant argued that Ghana had breached its duty under the Treaty to observe obligations it has entered into with regard to investments made by Chinese investors (i.e. a breach of the Umbrella Clause).
Ghana, on the other hand, argued that it has not breached the Treaty because the decision of the Parliament of Ghana to rescind the EPIC Contract with the Claimant was taken in the interests of Ghana’s national security. Ghana further submitted that the Tribunal has no jurisdiction over the Claimant’s claims.
Ghana’s submissions on the Tribunal’s lack of Jurisdiction
Arguing the objection to the jurisdiction of the tribunal at a hearing conducted virtually on 22nd March, 2022, the Attorney-General, Godfred Yeboah Dame submitted that the provision of Article 10(1) of the China- Ghana Agreement limits the Tribunal’s jurisdiction to only the determination of the quantum or amount of expropriation, and not the determination of the primary issue whether there has been expropriation at all. The Tribunal thus had no jurisdiction to determine whether Ghana expropriated the Claimant’s investment in the AITMS Project pursuant to Article 4 of the Treaty or breached its contractual obligations with the Claimant under the EPIC Contract pursuant to the Umbrella Clause obligations applicable in this arbitration through Article 3(2) of the Treaty.
The Attorney-General further argued that relying on Articles 4(1), 4(3) and 10(5) of the Treaty, it is Ghanaian courts that have jurisdiction over the question of the lawfulness of an alleged expropriation, not an arbitral tribunal. An investor bringing a claim for expropriation under the Treaty, must therefore do so “under domestic legal procedure” and under Ghanaian law.
Mr. Dame submitted to the tribunal that the object and purpose of the Treaty were not only to protect foreign investments but also to encourage foreign investment and foster economic cooperation between the two Contracting States. Accordingly, this required a balanced approach to the interpretation of the Treaty’s substantive provisions, given that a focus only on the protection of foreign investments may dissuade host States from admitting foreign investments and, thus, undermine the overall aim of intensifying the Contracting States’ mutual economic relations.
Mr. Dame referred to about twenty (20) Bilateral Investment Treaties (BIT) concluded by China prior to the China-Ghana Agreement, and pointed out that none of them provided that an investor can submit any dispute, regardless of its nature, to arbitration. Rather, these BITs provided that investors may only refer the amount of compensation to arbitration, while the question of existence and unlawfulness of expropriation is reserved for amicable settlement or domestic courts of the respective contracting states. The same was the case for other BITs entered into by Ghana with other states. Accordingly, it was evident that neither China nor Ghana recognised the right of an investor to submit the question of the existence and lawfulness of expropriation to international arbitration prior to 1989.
Claimant’s case on the Tribunal’s Jurisdiction
The Claimant opposed Ghana’s submissions and argued that the subject matter of the dispute fell under the jurisdiction of the Tribunal. The claimant argued that first, Article 10(1) of the China-Ghana Treaty provides that an arbitral tribunal has jurisdiction on “[a]ny dispute … concerning the amount of compensation for expropriation”; and second, the broad dispute resolution clauses contained in Ghana’s treaties with other countries apply in this dispute through the MFN clause contained in Article 3(2) of the Treaty.
According to the Claimant, Article 10(1) of the Treaty, when interpreted “in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose”, should be understood to include not only the question of the amount of compensation for expropriation (i.e. the question of quantum) but also the question of the unlawfulness of expropriation of the Claimant’s investment (i.e. the question of entitlement). The Claimant further argued that Articles 4(1)(a), 4(3) and 10(5) of the Treaty, read independently or jointly, do not require the Claimant to submit a claim for expropriation to the competent courts of Ghana. According to the Claimant, when the investment of a Chinese investor is expropriated by Ghana, Article 4(3) of the Treaty and Article 20(2) of the Constitution of Ghana simply give the investor an option (and not an obligation) to refer the matter to Ghanaian courts. The Claimant argued that the object and purpose of the Treaty support the Claimant’s case that an arbitral tribunal, under Article 10(1) of the Treaty, has jurisdiction to determine the question of both quantum and entitlement of expropriation.
The Claimant submitted that, according to the “most favoured nation” principle, the dispute resolution provisions of Ghana’s investment treaties with the United Kingdom (Article 10) and Denmark (Article 10) apply in the dispute between the Claimant and the Respondent and thus the Tribunal had jurisdiction over the Claimant’s claims in this arbitration.
Tribunal’s Decision
The Tribunal, upon an application of relevant principles of international investment law, came to the final decision that it does not have jurisdiction to decide the Claimant’s claims for expropriation under Article 10(1) of the Treaty.
The Tribunal stated that the ordinary meaning of Article 10(1) of the Treaty cannot be read as meaning to include the question of entitlement of expropriation. In this respect, the Tribunal noted the important qualification of the term “the amount of” prior to the terms “compensation for expropriation” as placing clear limitations on the scope of questions which can be referred to arbitration. The ordinary meaning of the phrase “concerning the amount of compensation for expropriation”, according to the Tribunal, does not include the question of entitlement or determination of whether expropriation has taken place in the first place.
Further, the Tribunal c considered that there is nothing in the China-Ghana Treaty to suggest that an investor would be precluded from referring the question of quantum to arbitration under Article 10(1) of the Treaty, once it had referred the question of lawfulness of expropriation to determination by a nation’s domestic court.
The Tribunal highlighted that it did not consider that a Contracting State may unilaterally preclude an investor from referring the matter of quantum of compensation for expropriation to international arbitration, after it has first referred the matter of entitlement to compensation or determination of expropriation, to national litigation.
The Tribunal held that the examination of the provision of Article 10(1) within the context of the China-Ghana Agreement suggested that the phrase “concerning the amount of compensation for expropriation” cannot be interpreted as vesting an arbitral tribunal with jurisdiction to decide the question of whether the expropriation is lawful or unlawful.
Thus, except for the limited scope of Article 10(1) concerning the quantum of compensation for expropriation, there is no provision which would give investors a distinct right to commence arbitration in respect of a breach of any substantive protection under the Treaty.
In conclusion, the Tribunal found that it did not have jurisdiction to decide the Claimant’s claims for expropriation under Article 10(1) of the Treaty. Also, the Tribunal considered that it did not have jurisdiction to decide the Claimant’s claims in the arbitration under Article 3 of the Treaty. The Tribunal also found that the most favoured nation provision in Article 3(2) of the Treaty cannot be used to extend the Tribunal’s jurisdiction to the Claimant’s claims in this arbitration.
Costs
In relation to Costs, the Tribunal noted that both Parties have sought their costs in respect of the arbitration to date. The Tribunal invited the Parties to directly confer and seek to agree on the issue of costs or, failing such agreement, to inform the Tribunal of their agreed format and timetable of their costs submissions within thirty (30) days of receipt of the Award. In the event that the Parties fail to agree on the issue of costs, the Tribunal will address the matter and issue an award on costs covering the arbitration proceedings to date.
Another arbitration case by Beijing Everyway
Concurrent with the proceedings at the Permanent Court of Arbitration, Beijing Everyway has instituted another arbitration seeking damages of at least US$55 million for the same subject matter at the London Court of International Arbitration. The Attorney-General has again raised objections in these proceedings, both to the procedure and the substance of the case at that forum, as well.
