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Renounce your dual citizenship before we approve you – Minority Leader to Supreme Court nominee

The Minority Leader, Dr. Cassiel Ato Forson, has expressed strong disapproval of the nomination of a dual citizen for the position of Supreme Court judge. According to Dr. Forson, dual citizens are ineligible to hold key government positions, particularly as judges on the Supreme Court. President Akufo-Addo has nominated Professor Richard Frimpong Oppong, a dual citizen, alongside Justice Sophia Essah, for the Supreme Court. However, during the vetting on Tuesday, August 12, Dr Forson, who serves on the Appointments Committee of Parliament, argued that Prof. Oppong does not qualify to be a Supreme Court judge due to his dual citizenship. Dr. Forson insisted that Prof. Oppong must renounce his foreign citizenship before his approval can be recommended. “The Constitution, in Article 156(1), is clear that you would have to take an oath of allegiance, and the same Supreme Court has equated allegiance to nationality,” Dr Forson stated. “In my view, you do not qualify, and I believe that you would need to renounce your citizenship to be eligible for the role of a Supreme Court judge.” Adding to the debate, the National Democratic Congress (NDC) Member of Parliament for Ellembelle, Emmanuel Armah-Kofi Buah, argued that it is inconsistent to disqualify the NDC MP for Assin North, Gyakye Quayson, from Parliament even after he had renounced his citizenship. Background Prof. Oppong, who holds dual Ghanaian-Canadian citizenship, could become the first dual citizen to sit on Ghana’s Supreme Court.This is possible because the Supreme Court few months back ruled against sections of the Citizenship Act, allowing dual citizens to hold positions such as Chief Justice and Chief Director. The Supreme Court declared certain sections of the Citizenship Act unconstitutional, permitting dual citizens to serve in various high-ranking positions. The court’s decision, delivered by a majority, nullifies the sections that bar dual citizens from roles including Chief Justice, Commissioner of the Value Added Tax Service, and Chief Director of a Ministry. The ruling effectively amends Article 289(2) of the 1992 Constitution, allowing dual citizens to be appointed to key government positions previously restricted to single citizens. myjoyonline

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Prison escapee fined GH¢1,200.00

A 29-year-old illegal miner, Ebenezer Asante, who escaped from the Tarkwa Local Prison, has been fined GH¢1,200.00 by the Tarkwa Circuit Court. In default he will serve one year in prison. Asante, a resident of New Atuabo in the Tarkwa Nsuaem Municipality, pleaded guilty for escaping from lawful custody and causing damage. The court, presided over by Mrs Hathia Ama Manu, ordered him to sign a bond to be of good behavior for six months, failure of which he would serve an additional two years of jail term. Mrs Manu fined and bonded the convict based on his plea to serve as a deterrent to others. Prosecuting, Superintendent of Police, Juliana Essel-Dadzie, told the court that personnel from the Ghana Prisons Service, Tarkwa were the complainants. On May 10, 2024, Asante appeared before the Tarkwa District Court for stealing and was remanded in the Tarkwa Local Prison. On Friday, May 17, at about 0700 hours, while the complainants were having their weekly devotion service at the prison canteen, Asante took advantage of the few officers on duty, jumped onto the shed that provided shade at the prison yard. Supt. Essel-Dadzie said he ran about 40 meters on the roof, damaged the iron sheets and scaled over the wall to the backyard of the prison. The complainants raised the alarm, drew the attention of other officers who chased Asante and recaptured him some meters from the prison and handed him over to the police. GNA  

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Travel consultant granted GHC120,000 bail over fraud

A 42-year-old travel consultant accused of defrauding a nurse of GHC40,000 has appeared before an Accra Circuit Court. Kenneth Kyere is alleged to have collected the GHC40,000 as part payment of GHC112,000 he charged to secure a United Kingdom visa and a working permit for the nurse. Kyere is alleged to have cut communication with the complainant, Charlotte Boakye Yiadom, after collecting the part payment . Charged with defrauding by false pretenses, Kyere has pleaded not guilty. The court presided over by Mr Isaac Addo has admitted him to bail in the sum of GHC120,000 with one surety. The matter has been adjourned to September 9, 2024. The prosecution led by Assistant Superintendent of Police (ASP) Seth Frimpong said the complainant Charlotte Boakye Yiadom was a resident of Kumasi. It said Kyere was also Chief Executive Officer of White Dove Travel and Tour and resided at Borteyman in the Greater Accra Region. The prosecution said in October 2023, the complainant discussed her desire to travel to the United Kingdom with a friend’s husband known as Darlington Ackom Nartey. The court was told Nartey introduced Charlotte to Kyere for assistance. The prosecution said Kyere said he could secure a work permit and visa for her to travel to the UK and work there. The prosecution said Kyere charged Charlotte a fee of 8,000 pounds, cedi equivalent of GHC112,000. It said Kyere collected part payment of GHC40,000 , the complainant’s passport, a copy of her nursing certificate and other documents to process them for her trip to the UK. The prosecution said Kyere assured Charlotte that her travelling documents would be ready within eight weeks, but he failed and went into hiding . It said Kyere refused to answer any of the complainant’s call and he “completely broke communication with her after collecting the said amount.” A report was made to the Police and Kyere was arrested and in his caution statement he admitted collecting GHC40,000 from the complainant and promised to refund the money. GNA  

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High Court clears Tobinco of fake drugs allegations

Tobinco Pharmaceuticals Limited (TPL) and its Group Chairman, Elder Dr Samuel Amo Tobbin, have been cleared of allegations of importing fake drugs into Ghana. This ruling, delivered by Her Ladyship Audrey Kocuvie-Tay at the High Court, Accra, on July 29, 2024, contradicts claims made by former Chief Executive Officer of the Food and Drugs Authority (FDA), Dr Stephen Kwabena Opuni. The legal battle began on July 19, 2019, when Tobinco Pharmaceuticals Limited filed a lawsuit against the FDA, accusing the authority of abusing its statutory powers and duties. The company sought damages for the harm caused by the FDA’s actions. This was contained in a statement released by TPL on Sunday, August 11. Background The controversy dates back to between September and December 2013, when Dr. Kwabena Opuni, then CEO of the FDA, launched a series of actions against Tobinco Pharmaceuticals Limited. These actions were based on accusations that the company had imported fake drugs into the country. As part of these measures, the FDA locked Tobinco’s warehouses nationwide, leading to significant embarrassment for the company and its chairman. The regulator also disposed of Tobinco’s products, resulting in substantial financial losses as the products expired rapidly. Additionally, the FDA banned Bliss GVS Pharma Limited, Tobinco’s principal business partner at the time, from exporting drugs to Ghana. This ban, coupled with the labeling of Tobinco’s drugs as fake, led to the confiscation of the company’s products from customers. The situation escalated when Dr Opuni reported Elder Dr Tobbin to the Economic and Organised Crime Office (EOCO), leading to his arrest and detention at the Nima Police Station on December 2, 2013. This incident caused significant distress to his family, relatives, and employees. Earlier, on September 13, 2013, operatives of the Bureau of National Investigations (BNI), now the National Intelligence Bureau (NIB), intercepted Elder Dr Tobbin and his partner, Mr Kamath, in a dramatic manner. They were detained and questioned for nearly an entire day without any charges being brought against them. The two were later required to report to the NIB office daily and were further questioned by National Security. After a decade-long legal struggle, Elder Dr Tobbin has finally been vindicated, with the court ruling in his favour and clearing his name of all allegations. citinewsroom

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Banks demand public naming of dud cheque offenders to restore trust in payment system

The Ghana Association of Banks (GAB) has urged the Bank of Ghana (BoG) to publicly disclose the names of businesses and individuals penalised for issuing dud cheques. GAB Chief Executive John Awuah says the publication in national newspapers will restore trust in cheques as a reliable payment method. Speaking on Joy News’ PM Express Business Business, he stated that such public disclosure would act as a strong deterrent. “If someone sees their neighbour’s name on this list, it will ensure they avoid making the same mistake,” Awuah said. He pointed out that many of the offenders have been repeating culprits over the years, noting that issuing dud cheques is not only a violation of central bank regulations but also a crime under the Criminal Offenses Act. “Issuing dud cheques undermines trust in the payment system, which is why this issue is so critical,” he stressed. On August 6, 2024, the central bank announced sanctions against 47 individuals and 245 businesses for repeatedly issuing dud cheques between January 2022 and January 2024, despite prior warnings. These offenders are now banned from issuing cheques and accessing new credit facilities in Ghana for three years, effective June 28, 2024. Awuah warned that the continued issuance of dud cheques could lead to a broader rejection of cheques as a payment method, which would have serious repercussions for the financial ecosystem. He urged regulators to take firm action to prevent further erosion of confidence in the payment system. Also on the same show, Seth Twum Akwaboah, Chief Executive of the Association of Ghana Industries, echoed Awuah’s concerns, particularly regarding the impact of the BoG’s sanctions on businesses’ ability to secure new credit from banks over the next three years. myjoyonline.com

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Sue for medical negligence to help sanitise health system – Lawyer advises

Private legal practitioner and author, Albert Gyamfi, has urged Ghanaians to take steps to sue facilities and medical professionals for suspected cases of medical negligence to help reform the country’s health system. According to him, the reluctance of victims to pursue justice has allowed medical negligence to persist in Ghana. “Letting things go is what has made medical negligence persist in Ghana; only a few take action,” he said. He urged those affected by medical negligence to seek legal redress, even if they are not personally interested in the financial compensation. “Even if you don’t like the money, take it and give it to charity—let some people feel culpable for what they have done. It will send a signal out there, and we can reshape our health system. Otherwise, these things will not work.” The issue of medical negligence has been a persistent problem in Ghana, with numerous reports of patients suffering due to inadequate care or errors by healthcare professionals and facilities. However, many victims choose not to pursue legal action, often citing reasons such as lack of trust in the legal system or a desire to move on from the traumatic experience. But speaking on JoyNews’ The Law on Sunday, August 11, the lawyer stressed the importance of holding healthcare providers accountable for their actions to ensure that such incidents are reduced and that the health system is improved for all Ghanaians. The private legal practitioner highlighted the challenges lawyers face when handling medical negligence cases, noting that convincing clients to go to court is often a significant hurdle. He recounted his experience with a client who was initially reluctant to take legal action. “I had a huge task convincing my client to go to court. I told her, ‘You can give it to God, but your child needs to survive. So, go to court, get the money, and give it to the child, and give your grievances to God, which is fine with me.” myjoyonline.com – thelaw with Samson Lardy

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High Court jails 3 pastors for contempt of court

The Accra High Court has sentenced three pastors to five days imprisonment each for contempt of court. Apostle Samuel Anang Sowah, Bishop Abraham Adjetey Adjei and Bishop Daniel Buernor Tokoli, formerly of the Holy Apostolic Reformed Church (HARC), were sent to prison for defying orders of the court not to interfere with the activities of the church. Apart from slapping the three contemnors with a term of imprisonment, the court, presided over by Justice William Boampong, also awarded cost of GH¢1,000 each against the three pastors in favour of the church, which was the applicant in the contempt case. On October 27 last year, the court, in an earlier contempt case, convicted the three pastors for contempt of court for holding service at the Tema, Teshie and Nungua branches of the church despite a pending application for interlocutory injunction, restraining them from conducting church services. The court, however, cautioned and discharged the three pastors, who have been dismissed by the leadership of the church. In its current ruling sentencing the three pastors to prison, the court held that despite the contempt conviction on October 27, 2023 and the caution, the three pastors went ahead and did the very thing the court cautioned them not to do by holding service at the three branches of the church. The pastors, the court held, defied the court orders and went ahead to conduct church services at the branches on October 29, 2023, two days after they were convicted for contempt. Respect the law Delivering the sentence, Justice Boampong held that by defying the orders of the court, the three pastors had breached an order of the court which had not been suspended, thus bringing into disrepute the administration of justice. “The court earlier cautioned and discharged the respondents in an earlier contempt case, but they went ahead and repeated what the court restrained them to do. The Respondents should therefore be made to respect the law at this time. I sentence each of the three respondents to five days imprisonment,” Justice Boampong ordered. Suit The Trustees of the HARC sued the three pastors, accusing them of illegally breaching the constitution of the church by acting independently and failing to accept the leadership of the church. Among other reliefs, the plaintiffs wanted the court to declare that the three branches which the three pastors have taken over were subject to the control of the headquarters of the HARC. The church further wanted an order from the court restraining the three pastors from having anything to do with the church so long as they refused to obey the direction of the headquarters of the church. graphic emma.hawkson@graphic.com.gh  

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AG files appeal at Supreme Court against acquittal of Jakpa and Ato Forson

The Office of the Attorney General has filed an appeal against the Court of Appeal’s decision that acquitted and discharged Minority Leader Dr Cassiel Ato Forson and Richard Jakpa in the ambulance procurement case. The AG in a Notice of Appeal filed on August 8, 2024, argued that the majority decision erred in applying the rule on the standard of proof necessary to determine whether the accused should be called to answer the charges against them. The appeal further contends that the majority’s finding that the letters of credit did not constitute a payment under the contract contradicts the evidence presented and is untenable. Additionally, the appeal criticizes the majority’s conclusion that the Ministry of Health was responsible for the financial loss, claiming it contained fundamental errors and resulted in a substantial miscarriage of justice. The Attorney General is asking the Supreme Court to overturn the acquittal and discharge and to order the accused to continue with their defence. myjoyonline.com

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We need vision, courage & wisdom to shape our common future – Sophia Akuffo justifies IEA presidential debate

A distinguished fellow at the Institute of Economic Affairs (IEA), Sophia Akuffo has justified the need for a presidential debate going into the 2024 general elections. She says the debate will provide a unique platform and opportunity for the candidates to explain in detail their policies for the country while drawing out their credibility and competence. “While we tackle our challenges, we need vision, courage, and wisdom to shape our common future. “This highlights the importance of a debate in drawing out the vision, competence, credibility and capacity of candidates in addressing our national challenges,” the former Chief Justice said while announcing dates for the debates this year. The IEA has set the months of October and November to host debates for selected presidential candidates and their running mates seeking to contest in the December 7 elections. 3news

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Ghana Library Authority praises MountCrest Law School students for innovative ideas

On August 6th, 2024, the Executive Director of the Ghana Library Authority, Mr. Hayford Siaw, accompanied by several management members, praised students from MountCrest Law School for their innovative ideas, which could significantly influence the Authority’s policies on legal education in Ghana. This commendation came during a courtesy visit by the students to the Authority. Gideon Kwasi Annor, a level 300 student at MountCrest Law School and the Business Development Manager of NIS NIS Venture Limited, led his team on this visit as part of his campaign promise to improve the school’s library facilities as he vies for the position of Law Students Union President. Annor passionately argued that, contrary to popular belief, not all students at MountCrest, a private law institution, are financially well-off. He highlighted that each year, the school’s management awards scholarships to bright but financially disadvantaged students. These students, despite having their tuition covered, often struggle to afford the expensive law books required for extensive study. Annor proposed a collaborative effort between MountCrest and the Ghana Library Authority to alleviate this issue. Annor appealed to the Authority to incorporate legal education into their e-book offerings. He suggested that providing law books at affordable and reasonable prices through digital platforms would greatly benefit law students nationwide. Mrs. Yaa Agyemang Opare Adu, the Head of Administration accompanying the Executive Director, expressed her admiration for the students’ forward-thinking approach. She elaborated on the Authority’s mandate and its various innovative projects, aimed at providing the necessary resources for the intellectual development of Ghanaian youth. She emphasized the potential impact of this discussion on the future of legal education in the country and expressed confidence in the positive change it could bring. Other management members also took the opportunity to commend the students for their innovative approach to legal education. They suggested formalizing the collaboration through a Memorandum of Understanding (MoU) to benefit both institutions. They reiterated their commitment to serving the Ghanaian people and enhancing educational resources. The Executive Director, Mr. Hayford Siaw, extended his gratitude to Gideon Annor and his team, which included his running mate, Ms. Rosaline Leslie Defia, a PR specialist; his campaign manager, Ms. Zulaiha Ibrahim; Mr. Elvis Allan Bentil; and Ms. Bernice Sangmortey. They contributed further to the discussion, reinforcing the arguments made by Annor and enhancing the overall proposition. This collaborative initiative between MountCrest Law School and the Ghana Library Authority promises to not only improve access to essential legal resources but also to set a precedent for future partnerships aimed at enhancing legal education in Ghana 3news

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