One of the implicated judges in the latest investigative piece by celebrated journalist Anas Aremeyaw Anas, Justice Ayisi Addo has sued Anas, the Attorney General and seven others for defamation.
The others are Excellence in Broadcasting (EIB) operators of Starr FM, The New Crusading Guide Newspaper, Global Media Alliance, and the International Conference Centre, Media Foundation for West Africa, and Director of Estates and General Service Bureau Ministry of Foreign Affairs.
The plaintiff argues that, a petition to the Chief Justice by Anas Aremeyaw Anas “accompanied by the audio visual recordings was meant to portray the Plaintiff as a corrupt and criminally minded judge and public officer, and a common criminal.”
The Plaintiff further argued “by the ordinary meaning, the said petition accompanied by the audio visual recordings was meant to portray the Plaintiff as a judge who perverts the cause of justice by demanding bribes from parties appearing before him to influence the judgments he delivers.”
He is seeking the following reliefs
1. General damages for defamation.
2. Aggravated damages for the malicious recordings, publication, republication and circulation of the said audio visual recordings.
iii. Exemplary damages for the reckless publication, republication and circulation of the said audio visual recordings.
1. Compensatory damages for the damage done to the Plaintiff’s reputation.
2. A declaration that the 1st Defendant carefully and maliciously pieced together the audio visual recordings and the transcripts thereof in a manner to incriminate the Plaintiff on the allegations of bribery and corruption.
3. A declaration that the audio visual recordings and the transcripts thereof were fraudulently and unlawfully obtained by the 1st Defendant.
vii. A declaration that the Plaintiff never demanded any money from the 1st Defendant to influence his decision in any case pending before him.
viii. A perpetual injunction restraining the Defendants from publishing any further defamatory material about the Plaintiff.
1. Legal Costs
2. Any other orders the Honourable Court may deem meet.
The President of the Republic of Ghana and flagbearer of the NDC, John Dramani Mahama has called on his party to put all hard feelings aside after the just ended primaries and forge ahead towards victory 2016.
Addressing party supporters President Mahama said ‘’as I said it has been a family contest. I expect that any hard feelings flowing out of this contest would be put aside so we can all work together for the victory of the party in 2016.
I intend very soon to hold a family meeting that will bring all who contested the primaries together. This will certainly be before the end of this year’s break. We must smooth over any disagreements arising out of these primaries before the end of the year.’’
President Mahama called on party supporters to be mindful of the duty that befalls the NDC to work on behalf of the people of Ghana. He maintained that the NDC must work hard to win power and continue with their good works.
‘’After the festivities, we would have barely 10 months to go to the election. We must all work to win the elections of 2016. With the party’s continued stay in power, I am certain that there will be enough responsibility to be placed on the shoulders of all of you to work for the good people of Ghana.’’ President Mahama noted.
We must strategise well to win
President Mahama commenting on the turnout of the parliamentary results said the party must concentrate on a strategy that will help them win the elections in 2016 considering the number of experienced parliamentarians who lost and also the new entrants who won.
He emphasized the need for the party to be guided by the results of primaries, engage in a campaign devoid of insults or violence rather they should be able to debate on issues.
‘’As the parliamentary results are declared, we must analyze the results and the implications of the results going forward. We must analyze the loss by some of our experienced parliamentary hands in the primaries.
We must also analyze the election of a relatively youthful parliamentary bench. These are all issues the party must ponder over and start to strategise about.
Let our recent primaries be our guide. Let us pursue a peaceful campaign, devoid of insults and violence. Remember that nobody ever gets elected based on how much violence they are capable of, or the level of invectives they are able to spew.’’
He stressed ‘’the election will be based on issues and as I said earlier on the tour not on the health or infirmities of any person. As Prof said, let’s remember only God knows each person’s allotted time on this earth.’’
President John Dramani Mahama received an overwhelming endorsement as flagbearer of the ruling NDC in the presidential race.
He stood unopposed but was expected poll 51% of the total vote cast in the race.
However the president managed to poll a total of 1199118 YES votes representing 95.10% while 61846 voted NO representing 4.90%.
The total valid votes stood at 1, 260, 964 whiles 25, 774 ballots representing 2.0% were rejected.
The total votes cast was 1, 286, 728. However the results of the election is from 265 constituencies out of the 275 constituencies.
Below is a table of how the regions voted
A leading member of the opposition New Patriotic Party in Germany, Mr. Kwadwo Anim has rubbished the registration of over 2.1 million voters as claimed by the ruling National Democratic Congress.
The NDC as part of efforts to expand their electoral college adopted the universal adult suffrage system which allows every member of the party to be registered bio-metrically.
The system was used in the just ended primaries were close to 2 million registered members of the party cast their vote to elect their choice of candidates.
However Mr. Anim says the turnout from the just ended primaries of the NDC shows clearly that the party goofed in telling Ghanaians that they registered over 2 million voters.
He accused the NDC of a calculated attempt to deceive Ghanaians with the figure and subsequently steal their way through in the 2016 general elections.
Speaking in an interview with Nyankonton Mu Nsem on the fallout of the primaries, he said the move is an attempt to deceive Ghanaians.
Asked why they have raised such concerns, he said as a party they are concerned about the integrity of our electoral process and that there should no attempt to mare the credibility our national elections which they the NDC is working hard to do.
He debunked claims that the NPP, see the number as a threat, rather he stressed that the NPP is formidable and prepared to match the NDC boot for boot in 2016.
President Mahama polled a total of 1, 199, 118 YES votes representing 95.10% whiles 61, 846 voted NO representing 4.90%.
The total valid votes stood at 1, 260, 964 whiles 25, 774 ballots representing 2.0% were rejected.
The total votes cast was 1, 286, 728. The results of the election is from 265 constituencies out of the 275 constituencies.
President Mahama was the sole contender in the presidential race.
President John Dramani Mahama was massively endorsed by the rank and file of party supporters with 95.10% of the total vote cast.
He was the sole candidate in the presidential race and therefore party supporters were allowed to either vote YES or NO to affirm President Mahama as flagbearer.
He polled a total of total of 1199118 YES votes representing 95.10% whiles 61846 voted NO representing 4.90%.
The total valid votes stood at 1, 260, 964 whiles 25, 774 ballots representing 2.0% were rejected.
The total votes cast was 1, 286, 728. However the results of the election is from 265 constituencies out of the 275 constituencies. The National Democratic Congress as part of efforts to expand their electoral college adopted the universal adult suffrage system of voting were over 2.1 million registered members were captured biometrically to participate in their primaries.
Addressing jubilant members at the party headquarters after his declaration, President Mahama said:
“I wish to thank those who voted YES to endorse my candidature. NDC is a party of peace, unity and democracy. I congratulate all party members who participated in this election. As a leader of the party, I believe not all members are pleased with some of my decisions. I feel humbled by the overwhelming endorsement I have received from the NDC and I accept the responsibility to lead the party to victory in 2016.”
Below is the full statement of President Mahama after he was declared as flagbearer
Your Excellency the Vice President Our National Chairman
My brothers and sisters
We started out to create a modern political party, based on technology that is available to us in the 21st century, using ICT to create a modern database of our members.
We opened registration for all our members who wished to be registered biometrically and be issued with NDC party ID cards.
The results have been overwhelming. More than one million people have filed to be registered in our database as members of our great party.
I have been a member of this party since 1994. Never have I seen the base and the grassroots of our party so energized and motivated as I have during the 10-region “Changing Lives and Transforming Ghana” tour that climaxed last Thursday in Ho in the Volta Region.
Early this year, haven registered a substantial number of our members on the database; it was proposed that we use the register of members as the basis for the selection of our Presidential and Parliamentary candidates.
There was so much objection and skepticism accompanying the proposal. Many reasons were adduced as to why such an idea would not be feasible.
On this occasion therefore, I want to salute our great Chairman, our indefatigable General Secretary, our functional executives and NEC members, who stood firm and resolved that universal suffrage must be the basis for the selection of our Presidential and Parliamentary candidates.
Even when the register was finalized and being exhibited, many were those who felt strongly that the register had been infiltrated by non NDC members whose sole aim was to vote against our viable Parliamentary candidates or vote no in the Presidential ballot.
I said during the “changing lives and transforming Ghana tour” that this new “system might not be perfect, but it is certainly better than the system we used previously.”
Most political parties use a smaller representative Electoral College system. As far as I know, this is the first time in Africa or any part of the world, any political party has opened up participation in such a critical process to all its members.
NDC has set a standard which I am sure would be emulated in the future by other political parties not only in Ghana, but in Africa and the rest of the world.
We are a social democratic party and we believe that power must reside with the people. As leaders we must have confidence to place the destiny of our party and our country in the hands of our people.
The Electoral Commission has just informed us, that with the results of 265 constituencies tallied, I have obtained an endorsement of 95.1% from members of my party.
General Secretary, Party members,
This figure is significantly higher than the 50% + 1 endorsement our constitution requires me to obtain.
With the novelty of this new system and the greater participation it afforded all members of our party to vote in these primaries, I feel very humbled by this overwhelming endorsement I have received.
Since I swore the oath of President on 7th January 2013, I have done my best to uphold that oath and take decisions that are in the national interest.
I am not perfect as a human and I believe that no human can lay claim to perfection except the almighty God.
It has been a challenging three (3) years. An election petition that created uncertainty and dragged on for 8 long months; market fires that affected almost regions of the country; nationwide strike actions; serious challenges with the economy; and most serious of all a power shortage, which is still with us.
These are just a few of the challenges that confronted the early years of my administration.
In these 3 years, I have been confronted with situations that have required me to take difficult decisions that ultimately have been in the interest of the nation. In all such times, I have done this by seeking the face of God, but also in the realization that the alternative of not acting would be worse for our people.
As leader of our party, not all our members would have agreed with my style of governance or the decisions I may have made, but yet I believe we have the same objective and need to work together to achieve our shared dream.
Working together in these Presidential and Parliamentary primaries, we have achieved something very beautiful. And in recording the history of this moment, all who worked in our party to make this possible will have their names written in letters of gold.
His Excellency the Vice President, Our Honourable Chairman,
Our party has spoken! Please let me first congratulate the vast number of NDC members who turned out to vote.
I wish to thank all our party members, male and female, young and old, and all who endured the long queues with the determination to cast their vote in the knowledge and confidence that, that single vote will make a difference.
Our party has proved again what true democracy is. NDC is a party of unity, peace and democracy. A party that makes the difference; and a party that leaves no one behind.
I wish to congratulate all persons who filed their nominations to participate in these primaries, especially the women.
It takes courage to step into the political arena and it is particularly difficult for women. I regret that the number of women selected in this process is still unacceptably low.
We must as a nation discuss ways by which we can increase the participation of women in our Parliament and at the local government level without subjecting them to the rigours of such a selection process.
The parliamentary elections will be declared, and I wish to warmly congratulate those who emerged from this process of parliamentary primaries. But probably most of all, I commend those who would not be selected.
You are a part of the history and glory our great party has made. Without your participation there would have been no process. There are no winners and no losers in this contest.
As I said it has been a family contest. I expect that any hard feelings flowing out of this contest would be put aside so we can all work together for the victory of the party in 2016.
I intend very soon to hold a family meeting that will bring all who contested the primaries together. This will certainly be before the end of this year’s break. We must smooth over any disagreements arising out of these primaries before the end of the year.
After the festivities, we would have barely 10 months to go to the election. We must all work to win the elections of 2016. With the party’s continued stay in power, I am certain that there will be enough responsibility to be placed on the shoulders of all of you to work for the good people of Ghana.
Ladies and gentlemen,
As the parliamentary results are declared, we must analyze the results and the implications of the results going forward. We must analyze the loss by some of our experienced parliamentary hands in the primaries.
We must also analyze the election of a relatively youthful parliamentary bench. These are all issues the party must ponder over and start to strategise about.
I wish to thank those who voted YES to endorse my candidature. But I also wish to thank those who voted No either in error or deliberately. In the order of nature, it is the interaction of agreement and dissent that creates human progress.
You cannot produce power with only the positive pole. You need the positive pole and the negative pole to produce energy. In voting NO, you have proved to the world that our party has enough space and tolerance to accommodate dissent.
My brothers and sisters,
I feel deeply honoured for being endorsed by you as your Presidential Candidate for the 2016 elections. You lift me up, you give me strength! I thank you for the confidence reposed in me.
I thank you all for showing that we are the bastion of free democratic expression in Ghana. As President and Candidate, I will do everything in my power to focus on the needs of the Ghanaian people. It is my duty to leave a lasting legacy for our party.
It is therefore with a great sense of humility, respect and confidence that I accept this mandate you have given me to lead the most modern, most youthful, most efficient, most organized, most stable, most peaceful, most united and most democratic party in Ghana.
This resounding mandate has filled me with a renewed sense of strength and confidence about our ability to blaze the trail of democratic practice in Ghana. We have once again demonstrated that despite our diversity, we are a peaceful and united force, focused on bringing change and transformational development to our country.
Together we began the transformation of Ghana, and together we’ll continue. We have a moral duty to empower all Ghanaians, to fight against prejudice, poverty and inequality, and to use all our creative resources to build a 21st century nation that we can all be proud of!
We should transform Ghana’s economy so that we are no longer dependent on price fluctuations on the international commodities market.
And it appears the resilience we desire in our economy is already occurring. Oil revenues into the budget have dropped by 50% and gold, another of our leading exports continues to slump on the world market, and yet our economy has taken these shocks in stride and is still on track to post positive growth by end of the year.
We have to create more sustainable jobs that will allow every Ghanaian to enjoy a decent living.
Transforming any nation is not easy and it does not occur with the stroke of a pen. It takes persuasion, attitudinal change, reorientation, and the right policies and leadership. NDC is offering that leadership.
My brothers and sisters,
We have come a long way. But our mission will not be complete until poverty will be eradicated in Ghana; until every child has access to quality and free education, until Ghanaian girls and women are genuinely empowered; until all Ghanaians are truly equal under the law, until all of us live a meaningful life within an inclusive community.
I thank you all for the courage with which you have accompanied me on this mission. I am deeply grateful to each and every one of you. You inspire me, Ghanaians inspire me!
I understand your needs and desires, and as your President I will continue to work hard so that not a single Ghanaian is left behind. As your leader, this is my pledge to you! You will continue to be in my heart and in my mind.
The path ahead is not an easy one, but it is the right path. I will continue to walk on this path, because there is no greater honour than the one bestowed upon us when we create a modern, inclusive nation, and a peaceful, flourishing society.
Excellency, Chief of Staff,
I will continue to do justice to all manner of persons without discrimination for gender or ethnicity.
Let our recent primaries be our guide. Let us pursue a peaceful campaign, devoid of insults and violence. Remember that nobody ever gets elected based on how much violence they are capable of, or the level of invectives they are able to spew.
The election will be based on issues and as I said earlier on the tour not on the health or infirmities of any person. As Prof said, let’s remember only God knows each person’s allotted time on this earth.
Let me on this occasion thank the National Executive Committee and the Functional Executives for the support you have given me and the efficiency with which you have conducted the primary.
I express my thanks to the Electoral Commission of Ghana for the support and cooperation you have given our party.
Let me also express my thanks to my hard working Vice President who has not only been a wonderful assistant but also a good counselor and a friend.
On this occasion, I wish to salute my predecessors, President JJ Rawlings and Professor John Evan Atta Mills of blessed memory. I also salute ex-appointees of the PNDC and NDC and all my senior comrades, too many to mention who continue to give me good counsel and absolute support.
It is on the good foundation you laid that we continue to build.
By His Grace! Inshallah!
The ever-fulfilling God will speak once again and shall lead us to a resounding victory in 2016.
We are #Changinglives,
We are #TransformingGhana
May God bless our Mother Ghana!
Ant-graft campaigner and former justice minister, Mr. Martin Amidu has released another epistles accusing government of playing politics with the sole commissioner’s judgment debt report.
Although he congratulated the commissioner for his outstanding report submitted to government, he said:
‘’When one reads the leaked report of the Sole Judgment Debt Commissioner one is left in no doubt of the excellent work the Commissioner had been able to undertake within the short period at his disposal for such an enormous assignment. Of course as a distinguished lawyer who had risen from the High Court to the Court of Appeal, the erudition displayed in his work attests to his competence as a judge that ought to make members of the legal profession and fellow citizens proud.
Unfortunately, the Government is playing politics and propaganda with such excellent work by arrogating to itself the power to amend, modify, vary, re-write and even introduce extraneous matters into the report for purely political electioneering purposes. No one knows the sampling methodology used to select the cases contained in the report to make detailed comments in the NDC Political Manifesto White Paper such that only cases affecting political opponents and detested NDC members like myself have been slanted and dealt with as though the White Paper were an election manifesto to vindicate the Government and some of its officials from political judgment debt corruption.’’
Below is the full statement issued by Martin Amidu
THE NDC GOVERNMENT’S POLITICAL MANIFESTO WHITE PAPER FOR ELECTION 2016: BY MARTIN A. B. K. AMIDU
When I wrote my researched statement on “The Ghanaian Sense of Justice: Corrupt Judges Removed, Corrupt Attorneys Rewarded and Corrupt Politicians Protected”, it hardly occurred to me the Government covert judicial corruption investigations operations that were intended to arouse public emotion and anger in order to suppress Gargantuan political corruption was part of the NDC’s Political Manifesto agenda towards the 2016 Elections. Barely two months after the break out of the report of the covert judicial operations the Government published what is supposed to be a White Paper pursuant to Article 280 of the Constitution on the Sole Judgment Debt Commissioner’s report. A perusal of the White Paper leaves one in no doubt that it is in fact another election 2016 NDC Manifesto No. 2 to suppress political corruption against the Government and its supporters arising from the very clear and lucid report of the Sole Judgment Debt Commissioner.
When one reads the leaked report of the Sole Judgment Debt Commissioner one is left in no doubt of the excellent work the Commissioner had been able to undertake within the short period at his disposal for such an enormous assignment. Of course as a distinguished lawyer who had risen from the High Court to the Court of Appeal, the erudition displayed in his work attests to his competence as a judge that ought to make members of the legal profession and fellow citizens proud. Unfortunately, the Government is playing politics and propaganda with such excellent work by arrogating to itself the power to amend, modify, vary, re-write and even introduce extraneous matters into the report for purely political electioneering purposes. No one knows the sampling methodology used to select the cases contained in the report to make detailed comments in the NDC Political Manifesto White Paper such that only cases affecting political opponents and detested NDC members like myself have been slanted and dealt with as though the White Paper were an election manifesto to vindicate the Government and some of its officials from political judgment debt corruption.
Alfred Agbesi Woyome v Attorney-General and Another (2) Waterville v Attorney-General (3) Isofoton SA. v Attorney-General – Pages 3-7 of White Paper
I went to the Supreme Court in the two now well known cases of Amidu (No 1) v Attorney-General, Waterville Holding (BVI) Ltd & Woyome (No 1) [2013-2014] SCGLR 112 and Amidu (No 2) v Attorney-General, Isofoton SA & Forson (No 1) [2013-2014] SCGLR 167. My review application against the Attorney-General & Woyome was granted in Amidu (No 3) v Attorney-General, Waterville Holdings (BVI) Ltd, & Woyome (No 2) [2013-2014] SCGLR 606. The Supreme Court decision in the Attorney-General, Waterville & Woyome cases are final and conclusive in finding unconstitutional conduct on the part of the then Attorney-General and the other Defendants and ordering Waterville to pay a total of around €47 million, and for Woyome to refund over GH₵51 million. But the Manifesto White Paper deliberately limits the Waterville Supreme Court order to only US$25 million in spite of the Attorney-General’s own entry of judgment for the larger amount. It is trite learning that a Commission of Inquiry cannot sit in adjudication over a decision of the Supreme Court as the final Court. Nonetheless the NDC Government’s Manifesto White Paper (for purely political electioneering reasons in the coming 2016 elections) introduces extraneous matters – not within the jurisdiction of the Commission and therefore not even considered by the Commissioner – to dampen the effect of the orders of the Supreme Court. This enables the Government to fraudulently explain away the Government’s refusal to enforce the orders of the court against its surrogates to which it unconstitutionally dished out the Republic’s scarce resources.
What has the Sole Judgment Debt Commissioner’s report got to do with the assistance the Government is giving to its foreign cronies to flout the orders of the Supreme Court at so called international arbitral tribunals at which the Government is effectively collaborating to defeat the orders of the Court? When did the judgment and orders of the Supreme Court of Ghana become subservient to those of international arbitral tribunals? Since when did the principle that ignorance of a sovereign national constitution is no excuse for anybody to breach any nation’s Constitution become an exception for foreigner investing in Ghana? Everybody dealing with any Government world-wide is deemed to know the Constitution of that nation. This is the accepted universal principle of law for citizens and foreigners alike, so where from the exception by this Government for its foreign friends? I am convinced that the introduction of the following extraneous statement in the NDC Manifesto White Paper is just a political ploy to make the retrieval of the debts ordered by the Supreme Court a non-electoral issue:
“Government accepts the recommendations of the Commission.
Government, however, notes that international tribunals have not agreed entirely with our Supreme Court decisions in Balkan, Waterville and Isofoton cases in relation to Article 181(5) of the 1992 Constitution. In particular, in the case of Bankswitch Ghana v Government of Ghana, the arbitral tribunal established under the auspices of the Permanent Court of Arbitration (PCA), in its award of April 11, 2014, held that based on customary international law principles of estoppel, the Government of Ghana was precluded from arguing that the Bankswitch Agreement was unenforceable under Article 181(5) of the 1992 Constitution.” [p. 7]
The Bankswitch Ghana v Government of Ghana arbitration has never been before the Supreme Court in Ghana for a decision and one can understand the Permanent Court of Arbitration depending on the peculiar facts of that case making in an arbitral award against the Government. This Government has never been known to be serious about defending the financial interest of the Republic of Ghana, particularly when its foreign friends are concerned. But in Balkan, Waterville and Isofoton which I had the honour to have argued before the Supreme Court the issue of estoppel was conclusively pronounced upon by the final Court in Ghana. This Government was reluctant to peruse the Waterville and Isofoton cases in the Supreme Court of Ghana. When I decided to prove that the cases could be won, my own NDC and Government claimed that I was suffering from delusion of grandeur (complements the ingenuity of one of the young men we sent to Cuba for training as a medic in the 1980’s who now works in the MRI or X-ray Department of the 37 Military Hospital).
Ghanaians cannot allow the government to play politics with the orders of the Supreme Court when it has clearly demonstrated its affinity to the foreign judgment debtors and its reluctance to get our money back. In any case how does the Government explain its decision not to prosecute those foreign surrogates but go after Woyome alone? I hope Ghanaians will wake up to the fact that this is not a White Paper under Article 280 of the Constitution but a bogus and fraudulent NDC Manifesto White Paper masquerading as one pursuant to Article 280 of the Constitution.
The Sole Commissioner after hearing the evidence on the Attorney-General, Waterville, Woyome & Isofoton cases decided to follow the Supreme Court in saying a few kind words about my tenacity in perusing those cases. I had obtained a consent judgment entered in my favour in the High Court in which the Government was ordered to pay me compensation for wrongful termination of appointment and accordingly submitted a copy to the Sole Commissioner as part of my case of Government wrong doing in those cases. The Government in which I had served and which is the successor of the PNDC and previous NDC Governments I have served as well since 1982 could not hide its anger against my successes at the Supreme Court in the following comments:
“Government is, however, of the view that the Sole Commissioner went out of his remit in attempting to ascribe reasons for Hon. Martin Amidu’s loss of his Ministerial job in 2012 when he, the Sole Commissioner, did not have the requisite evidence on the matter.” [p. 5]
I never asked the Sole Commissioner to make any kind comments about me but I do appreciate his discretion as a respected and distinguished judge who has since earned a meritorious promotion from the Court of Appeal to the Supreme Court to have followed in the tradition of the Supreme Court with those kind words. The NDC Government Manifesto White Paper cannot, whatever its intentions, expunge those words from the report and the Government has no Constitutional powers to amend them except to go to the Court of Appeal after the gestation period provided under the Constitution. When I say my own political party, of which I am a foundation member, would want me dead some do not want to believe me but here is proof that even after conceding to pay me damages for wrongful termination in the High Court, the Government still chases my name for obliteration even in the report of a Commission of Enquiry. Everything is pure propaganda without truth for this Government and party. I may as well appeal to the Government to expunge the following said about my very humble self from the [2013-2014] SCGLR report as well:
‘The Editorial Comment to the case of Amidu (No 1) v Attorney-General, Waterville Holdings (BVI) Ltd & Woyome (No 1) [2013-2014] 1SCGLR 112 at 119, on the question of the public spiritedness of Hon Mr Martin A Amidu which fueled his meticulous and industrious presentation of the case, namely:
“it is very desirable for the Bench and Bar in Ghana to heartily applaud the much-deserved high commendation kindly bestowed by the Supreme Court in the instant case (per Date-Bah JSC) on Hon Mr Martin Alamisi Amidu, the distinguished former Attorney-General and Minister of Justice ‘for his public spiritedness which has fueled his meticulous and industrious presentation of the case.’ As the Supreme Court further put it: ‘his diligence has enabled the ventilation of the important legal issues.’ The Editor would also like to draw the attention of all members of the Bench and Bar in Ghana to the fervent call by Dotse JSC in his concurring opinion in the instant judgment of the Supreme Court namely: ‘the need for civil society organisations or groups to come to the assistance of such a plaintiff. This is because from the plethora of documents filed in this case, I reckon that the plaintiff has been put to a lot of expense all in the an attempt to protect the interests of the State…The plaintiff, in my opinion, must be highly commended for his vigilante role in protecting the wanton dissipation of the public purse.’”
In Amidu (No 2) v Attorney-General, Isofoton SA & Forson (No 1) [2013-20140 SCGLR 167 at 191 the Supreme Court said the following about me which the Government may as well order to be expunged from the record:
The Roman poet Horace in one of his Odes declares: “Dulces et decorum est pro patria mori.” Literally translated, this means it is sweet and honourable to die for one’s country. Whilst we are not suggesting that the plaintiff has died in his effort to safeguard the public purse, there is no doubt that he has sacrificed his time and money to achieve that objective. It is only right that we should once again put on record (for the second time in a week, the first time having been in Amidu (No 1) v Attorney-General, Waterville Holdingss (BVI) & Woyome (No 1) (supra) this court’s appreciation of his public-spiritedness shown by the plaintiff, which has led to the examination of the important legal and policy issues that have been settled in this case. He has served the public interest well by securing the clarification of the law embodied in this judgment as well as the orders made.’ [p. 191]
Delta Foods Ltd v Attorney-General – Pages 20 – 22 of White Paper
The NDC Manifesto White Paper has also politicized the findings of the Sole Judgment Debt Commissioner in attempting to reframe the report on Delta Foods Ltd v Attorney-General appearing on page 20 of the supposed White Paper. The proper title of the case in which an NDC Government in which I served as Deputy Attorney-General applied for certiorari instead of paying upon the consent judgment is Republic v High Court, Accra; Ex Parte Attorney-General (Delta Foods Case) [1998-1999] SCGLR 595. The Solicitor-General at the time, Mr. E. A. Addo, under the NDC 2 Government was adamant in applying for certiorari and argued the case himself with the late Mr. Avah and the late SY Anin (both then Chief State Attorneys) and lost the case to a unanimous decision of the Supreme Court made up of Bamford-Addo, Ampiah, Acquah, Atuguba and Sophia Akuffo JJSC. The ruling was given on 3 March 1999. Nana Addo Dankwa Akufo-Addo was then (if my memory serves me right) the ranking member for the Constitutional and Legal Affairs Committee of Parliament and had nothing to do with the case. Consequently when the Sole Commissioner for Judgment Debts stated that “(iii) the office of the Attorney-General did not exhibit candour and good faith in seeking the order of certiorari at the Supreme Court.”, he was referring to the office of the Attorney-General in 1998-1999 and not the later tenure of Nana Addo Dankwaa Akufo-Addo after 7th January 2001 when Prof. Mills and myself lost the elections to President Kufuor. As the Sole Judgment Debt Commissioner rightly sated:
“(i) It was the improper and wrong decision of the office of the Attorney-General to seek a certiorari in the Supreme Court on a mere technicality in proceedings that it had participated in that burdened the Government with the additional US$4.9million judgment debt payment.
(ii)The US$4.9 million payment authorized by Hon. Nana Akuffo Addo and paid to the solicitor for Delta Foods Ltd., Hon. Peter Ala Adjetey, constituted a huge financial loss to the State.”
Nana Akuffo Addo merely paid the US$4.9 million to the NDC’s Larry Adjety’s father to curtail any further rise of the interest but it was the improper and wrong decision of the office of the Attorney-General under NDC 2 to seek a certiorari in the Supreme Court on mere technicalities … that burdened the Government with the additional US$4.9 million payment and not the payment by the NPP Attorney-General who was merely obeying the decision of the Supreme Court in refusing the certiorari. There may be a problem of understanding the English language by whosoever drafted the NDC Government Manifesto White Paper but the Supreme Court decision could have been resorted to in finding out which year’s office of the Attorney-General applied for the certiorari.
Unfortunately propaganda and suppressing political corruption on the part of this Government is so foremost on its agenda that it is blinded to see that the Attorney-General’s Department to be sanctioned will be NDC 2’s Attorney-General’s Department as recommended by the Commissioner. It could also be that by some chicanery the political drafters of the Manifesto White Paper deliberately twisted the words and pretended not to see which year’s office of the Attorney-General is to be sanctioned since Nana Akufo Addo is a feared Flag Bearer of the largest opposition NPP and a desired target for political propaganda in election 2016 for which the Manifesto White Paper like the covert judicial operations were intended.
There is certainly a need to go back sixteen years to conduct an investigation to identify public officers to be sanctioned because that was the mandate given the Sole Commission by this Government to begin from the coming into force of the 1992 Constitution, unless it least expected an independent report from a distinguished justice of the superior courts of Ghana. Those who will be caught will include the former Solicitor-General, “Several Ways of Killing a Cat” and a former Member of the Council of State both of whom were at the Ministry of Agriculture. As far I recollect, the Solicitor-General handled the Delta Foods Ltd case in his own right as Solicitor-General even though he was somewhat related to the Attorney-General at the time with whom he could have discussed it. The concluding comments of the Sole Commissioner is the more reason for the investigation as to how the maize was utilized but suppressing political corruption seems to be more important for this NDC Government in its Manifesto White Paper than anything else in this impending election period.
African Automobile v Attorney-General – Pages 27-30 of White Paper
When it comes to African Automobile v Attorney-General dealt with at page 27 of the report the Manifesto White Paper is quick to suppress the implicated now 1st Deputy Speaker of Parliament, Ebo Barton Odro, who was the Deputy Attorney-General who instructed the payment of the post-judgment interest of GH₵4,159,101.38 without authority from myself as the Attorney-General until I found it out after I had left office. In the report the Sole Judgment Debt Commissioner accepted the findings and observations of the Auditor-General whose assistance he had sought as follows:
(iii)The post-judgment interest of Gh₵4,159,101.38 which had been awarded by the court and paid into the sub-consolidated bank account of the Ministry of Employment, Manpower & Development should be returned to the Consolidated Fund. Unknown to the Auditor-General, however, this amount had been paid to the company on the directive of the Deputy Attorney-General.” [p. 28]
The Manifesto White Paper curiously avoids mentioning the Deputy Attorney-General, Ebo Barton Odro, by name and does not make any recommendations or comments as it made in the case of Nana Akufo-Addo and myself, a humble NDC foundation member also perceived as an enemy. What can this Political Manifesto White Paper be, if not designed to suppress Gargantuan political corruption and damnify perceived opponents of the Government!
Societe Generale v GNPC and Conclusions
Attempts have been made in the Manifesto White Paper to deal with the outspoken NPP Member of Parliament, Hon KT Hammond – see pages 12-16. It is not my intention to defend him but to expose the partisan nature of the Manifesto White Paper which is the second NDC Political Manifesto issued by this Government for the coming electioneering 2016 purposes within two months. KT Hammond is ordered to be investigated by EOCO for US$900, 000.00 while Hon Ebo Barton Odro (now 1st Deputy Speaker of Parliament of the NDC) goes free after an unauthorized payment of GH₵4,159,101.38. What Ghanaian sense of justice is this than protecting card bearing members of the NDC while hounding mercilessly and dealing with political opponents whose fundamental rights and freedoms are also guaranteed under the 1992 Constitution? When I call this unconstitutional conduct on the part of the NDC which is now deviating from core values, (and of which I am a foundation member), I am insulted with approval from the Presidency in a democracy.
I wish to ask once more what the methodology was for sampling the cases to be commented upon in the Manifesto White Paper so we can replicate them to see whether the selection was not ad hoc to condemn political opponents to deflect public criticism from the Government’s Gargantuan political corruption. Betty Mould-Iddrisu, Ebo Barton Odro, Benjamin Kumbour, (the now Minister of Defence who staged his own assassination and was exposed by the Ghana Police Service) are all indicted in the Sole Judgment Debt Commissioner’s report but the Political Manifesto White Paper covers them up. Can the public be told the rational grounds for choosing my cases which the Supreme Court had conclusively disposed of, and those involving the NPP Flag Bearer and KT Hammond, a leading NPP Member of Parliament, for extensive unconstitutional comments while ignoring the Government’s own Ministers, 1st Deputy Speaker of Parliament and other officials?
As an aside, one solution I may have to think about should the NDC Government and party continue on their unconstitutional path aided by their small boys with sharp teeth is whether I should also not Goosie Tanoh 2000 or Obed Asamoah 2004 against this dictatorship in Election 2016.
Fellow countrymen, I told you so: An Orwellian Big Brother State is incrementally in the making by this Government contrary to the letter and spirit of the 1992 Constitution. Let’s wake up fellow Ghanaians and defend our Constitution against this crippling dictatorship.
Martin A. B. K. Amidu [23rd November 2015]
Embattled National Chairman of the New Patriotic Party, Mr. Paul Afoko has condemned the attacks and incidents at the party headquarters.
The party headquarters was on Monday dawn ransacked with computers and some other office equipment destroyed.
There were some men allegedly to be from the military who besieged the party office and locked out security personnel from invincible forces.
About 4 AK 47 guns were retrieved including riffles from the party office.
According to our reporter Wallace Worlanyo who reported from the location, said one Imoro a member of the invincible forces had been kidnapped.
Meanwhile about 10 suspects are currently under the custody of the police pending investigations.
Following this development, the suspended National Chairman who is challenging his suspension in a statement signed by his spokesperson Nana Yaw , Mr. Akofo describe the incident as worrying and has dented the image of the party.
Below is the statement
INCIDENTS AT PARTY HEADQUARTERS UNFORTUNATE
Mr. Paul A. Afoko, the National Chairman of the New Patriotic Party (NPP) has learnt with dismay the incidents at the party headquarters, and on the party’s parliamentary candidate for the Klottey Korley Constituency, Nii Noi Nortey.
These unfortunate incidents happened last night.
Mr. Afoko condemns in no uncertain terms these incidents and describes same as dents on the party’s image.
Reports of weapons having been found at the party headquarters is even more worrying.
These developments are distasteful especially at a time Mr. Afoko is challenging the constitutional breaches some party members have persistently engaged in.
The security agencies must thoroughly investigate these incidents and get to the bottom of the matter.
Nana Yaw Osei, Spokesperson for National Chairman, NPP.
The 2016 presidential candidate of the New Patriotic Party, Nana Addo Dankwa Akufo-Addo, on Sunday, November 22, 2015, left Ghana to the United Kingdom, for a 1-week visit.
This was contained a release signed by his press secretary. Eugene Arhin.
During the visit, he will, on Thursday, November 26, attend the annual International Lawyers for Africa (ILFA) gala dinner, hosted by the Law Society of England and Wales, where he will deliver the keynote address.
He will also on Saturday, November 28, be the Special Guest of Honour at the annual fundraising event being organised by the NPP-UK branch.
He will be accompanied on the trip by his wife, Mrs Rebecca Akufo-Addo, and his Executive Assistant, Ms Saratu Atta.
Nana Akufo-Addo returns to Ghana on Monday, November 30, 2015.
Parliamentary candidate elect for the Ablekuma South Constituency who doubles as the Mayor of Accra, Hon. Alfred Okoe Vandapuje says the decision by the electorate to endorse him with 72% of the votes cast is an indication of his remarkable achievement at the Accra Metropolitan Assembly as Mayor.
Speaking with Kwame Tutu on frontline Monday morning, he said he has worked hard within the territories of the AMA implementing very difficult decisions on behalf of the people.
He indicated that he is a credible candidate with integrity, tried, tested and proven to represent his people in his constituency.
The Mayor of all Mayors as he referred to, said the people voted for him because he appeared as a stronger candidate who is a grassroots person, experienced with an unbeaten record.
Dr. Alfred Okoe Vandapuije said he joined the race after the incumbent NDC MP for the area and former information minister, Hon Fritz Baffour bowed out from the race.
He explained that the people saw him as a genuine candidate with the interest of developing and building on the achievement of Hon. Fritz Baffour.
According to him, the constituency will get its first share of the national development including access to portable water, community toilet facilities, schools, and job creation for the youth among other things.
Improving the economic life of the fisher folks, businessmen, traders and other constituents is my priority and i will surely work at it, he said.
He maintained his victory as candidate will give the NDC a massive win in 2016 because he cuts across all the people within the constituency.
Dr. Vandapuije maintained that the NDC achievement is unprecedented and unmatched and because of that, Ghanaians will surely give the party another four term.
Citing ongoing projects by the government including the community senior high schools, hospitals and other massive infrastructure across the regions, Dr. Okoe Vandapuije said it clearly shows how well his party has performed.
He debunked claims that the NDC has performed poorly rather he challenged Ghanaians to compare the work of the NDC to the NPP and decide for themselves.
He advise the NPP to stop riding on the power crisis popularly called dumsor because the NDC is working around the clock to ensure they solve the problem so Ghanaians part ways with dumsor.
Dr. Okoe Vandapuije opined that Ghana the NDC government has seen economic growth irrespective the challenges confronted.
Dr. Okoe Vanderpuije polled 3,298 while his main contender, Nii Amo Doodo had 1,259 in the party’s parliamentary primary held on Saturday.
President John Dramani Mahama has said that he is not perfect as a human and no other person can lay claims to be perfect expect the Almighty God.
‘’Since I swore the oath of president on 7th January, 2013 I have done my best to uphold that oath. And take decisions that are in the national interests. I am not perfect as a human, and I believe that no human can lay claims to perfection, except the Almighty God.’’
In an address to party supporters at the national headquarters of the ruling National Democratic Party, the president and flagbearer elect for the umbrella family, said it has not being easy for him after assuming the presidency.
He described his three years as president as challenging with many confrontations.
President Mahama cited the 8-month long election petition which he said created uncertainty for the nation, market fires across the regions, nationwide strike action, serious economic challenges and the ongoing power crisis.
The president indicated that the has been confronted with situations that has required him to take very difficult decisions, that ultimately have being in the interest of the nation.
He indicated he always seek the face of God in his decision ''but also in the realization that the alternative of not acting will be worse for our people [Ghanaians],'' he added.
President Mahama in his address said although he is the leader of the party, ‘’ not all members of the party would have agreed with my style of governance or the decisions I may have made…But yet I believe that we [NDC] have the same objective, and we need to work together to achieve our shared dream.’’
The president said the processes leading to the primaries and after has given the party opportunity to work together to chalk enough success which must propel the party towards unity and victory.