Supreme Court adjourns Tsatsu's appeal to Oct 30th

The Supreme Court on Tuesday adjourned to October 30, an appeal filed by Tsatsu Tsikata, a Former Chief Executive of the Ghana National Petroleum Corporation (GNPC), against the Court of Appeal's judgement.In its judgement among others, the Court of Appeal upheld the trial court's (Fast Track Court) failure to compel the attendance of the Country Director of the International Finance Corporation (IFC) as a witness for the Defence (Tsatsu).When the case was called on Tuesday, Major Rowland S. Agbenato (rtd), one of the Defence Team, told the five-member panel, presided over by Mr. Justice William A. Atuguba that the applicant was served on a short notice - on Friday, July 20 at about 1043 hours.Counsel stated: "Sub-Rule 5 does not dispense with the 14 days", adding that the rule was valid on the period of service. Mrs. Gertrude Aikins, representing the Republic, explained Section 2(5) of the rule, and said: "The court may hear cases not listed on notice the board, but may appear before the court through the office of the Registrar".The court noted that the '14 days' was related to the publication in the gazette and that the period and place of publication moved together.The Court then announced the adjournment for the process in respect of hearing and submissions to start on that date, when the applicant would file his grounds for the reply by Respondent. Other members of the panel were Mr. Justice Steve A. Brobbey, Mr. Justice Julius Ansah, Mr. Justice R.T. Aninakwa and Mrs. Justice Sophia O. Adinyira.Professor E.V.O. Dankwa is leading the Defence Team.Tsatsu, dissatisfied with the decision contained in the judgment of the Court of Appeal, which sat on December 19, 2006, had appealed to the Supreme Court.The decision was that the Court of Appeal misconstrued the provision in the Legislative Notification (LN) 9, 1958 Schedule, Article VI, Section 8 of the IFC Article of Agreement as providing immunity to the current Country Director of the IFC from being summoned to give evidence, even though the testimony being sought by the Defence did not relate to acts of the Country Director performing in the official capacity of the Country Director.The Court of Appeal, in upholding the trial court's decision, erred in failing to recognize and enforce the fundamental human right of the accused as expressed in clear mandatory language in Article 19(2)(g) of the 1992 Constitution.This was explained as: "To obtain the attendance and carry out the examination of witness to testify on the same conditions as those applicable to witnesses called by the Prosecution". The Court of Appeal misinterpreted the statutory provisions in respect of the immunity of the International Finance Corporation.The Court of Appeal in dismissing Tsatsu's appeal, stated further that the motion to join the IFC to the appeal challenging the lower court's decision not to call the IFC to testify was not grounded on any rule.Tsatsu is accused in the substantive trial at the Fast Track High Court (FTC) of willfully causing financial loss of 2.3 billion cedis to the State.The accused is also charged on four counts of causing financial loss and intentionally misapplying funds totaling 2.345 billion cedis, property of the State.The offence, according to the Prosecution is contrary to Section 1(2) of the Public Property Protection Decree 1977 (SMCD140). Tsatsu has denied the charges and has been admitted to a 700 million-cedi self-recognisance bail.Mrs. Gertrude Aikins had earlier told the Fast Track Court, Tsatsu had caused financial loss to the State through a loan he, on behalf of the GNPC, guaranteed for Valley Farms.Valley Farms contracted the loan from Caisse Francaise de Development in 1991, but defaulted in the payment, compelling the GNPC, which acted as the guarantor, to pay in 1996.
Source:GNA

JJ Bribe Allegation: Lawyer Responds to Statesman

July 24, 2007 THE EDITOR THE STATESMAN P. O. BOX DTD 10 ACCRA
A REJOINDER "NORWEGIAN COURT SAYS: PRESIDENT RAWLINGS TOOK BRIBE PV OBENG ADMITS BUT CALLS IT CONSULTANCY" We act as Solicitors for Former President Jerry John Rawlings and his wife, Nana Konadu Agyeman Rawlings, whose attention have been drawn to the front page article in the Monday July 23rd, 2007 Edition of your newspaper with the headlines quoted above.
We believe you may have gathered your information from the same source that my clients have, that is, the 22 April, 2007 Edition of the Norwegian Newspaper, "Dagens Naeringsliv". If you did, then let it be said straight away that to the best of our clients’ knowledge no Norwegian Court has made any findings that either Former President Rawlings or his wife, Nana Konadu Agyeman Rawlings, took bribe from anybody. What you describe as the findings of the court were actually pieces of evidence given by a gentleman called Gerhard Heiburg. To the best of our clients’ knowledge, the findings made by the Norwegian Court were to the effect that it was difficult making any findings, in circumstances that were described by Gerhard Heiburg, that indeed the monies that were allegedly paid were indeed paid to and received by the recipients named by him. It was the newspaper that drew the conclusion that Mrs. Rawlings was the beneficiary of slush monies from Scancem. Your story, deliberately perhaps, failed to give a full background that led to the conclusions drawn by the Norwegian Newspaper.
Ownership of Scancem, manufacturers of cement, changed hands a few years ago. The new owners were concerned about the disbursement of certain funds by its previous directors in Africa towards consolidating their foothold in various markets in the region. To put it bluntly, these were bribe monies. The new owners took the view, after undertaking a thorough internal investigation, that contrary to what they thought, the monies, or at least substantial portions thereof, did not get to the intended recipients but had been stolen by Tor Egil Khelsaas, who was at the material time the Director in charge of African, and the one directly responsible for the disbursements. They therefore initiated a case against Tor Egil Khelsaas. It was in a bid to explain away what he did with the monies that evidence was given on behalf of Tor Egil Khelsaas by Gerhard Heiburg, mentioning names of persons that they alleged the monies had been paid to. Gerhard Heiburg was also implicated in the allegation of theft. It should be pointed out that none of the persons mentioned by Gerhard Heiburg appeared in court to deny or corroborate the evidence of Gerhard Heiburg. In the case of our clients, they were not even aware of the case until the Norwegian publication came out.
It was in these circumstances that the court took the view that the nature of the operations described by Gerhard Heiburg made it difficult for any findings to be made to the effect that indeed those monies had been given to and received by the recipients. That was the only reason why Tor Egil Khelsaas was let off the hook. Indeed it would have been an incredible feat of judicial reasoning for any court, particularly one situate in Europe, to have made findings of bribery against a former head of state and his wife without hearing any word from them and without their involvement whatsoever in the case.
It may interest you to now that the new owners have appealed against the judgment of the court of first instance, and that the matter is coming on for hearing on or about September 9, 2007.
It would appear that it was from the evidence of Gerhard Heiburg that the Norwegian newspaper decided to conduct their own investigations and then drew the conclusions that you have boldly quoted in your publication. We have also noted from your publication that Mr. P. V. Obeng was interviewed by the Norwegian newspaper. Strangely, though, the same courtesy was not extended to our clients, whom one might think would have been the real "scoop".
In specific response to your publication, we have our clients’ instructions to state as follows: To the best of their knowledge, no Norwegian court has made any findings to the effect that they had received any bribes from Scancem;
They are unaware of any secret account anywhere and indeed would welcome any information on the details of the accounts;
Our clients had never at any time asked for or received any monies whether directly or indirectly from Scancem in order to further their corporate objectives;
Former President Rawlings would like to state that the underlying yardsticks that informed the June 4, 1979 uprising that brought him to power, were integrity, dislike for corruption and the desire to improve the welfare of the ordinary Ghanaian. Those yardsticks were his guide throughout his almost two decades in power. He still lives by them. It would have been sheer betrayal of those who sacrificed their lives for the attainment of those goals for him to turn round and take bribe from anybody while in office. He would not have demeaned himself and what he stood for to that extent;
The Former President says further that he has had occasion to throw a challenge to the present government and to the world intelligence community to unearth any bank account that they may discover belonging to him into which he has paid stolen money.
To date, he has not received any response. The truth is that there is none. He would like to throw the same challenge to them and Transparency International (regarding the so-called secret accounts that are being mentioned in your publication in connection with him and his family), to conduct a thorough investigation if only to prove that they have at last got something against him. He would only ask for one indulgence: that they should make their findings public;
The final challenge, I am instructed to say, is to the present government, and I will very respectfully like to quote former President Rawlings: "Tell Ghanaians, tell President Kufour, tell the NPP Government, that at last they have got what they have been looking for for so long: some information that shows that I have stolen and hidden money, and that Jerry Rawlings is corrupt. Tell the President to get his Attorney General and all experts and financial wizards, and use all the diplomatic and political leverage that it has at its disposal, to investigate these allegations and prove that I am corrupt. And when they are ready, I will be ready too."
While the Former President and his wife are preparing an appropriate response to the Norwegian publication, they have instructed me to say as a general response to the allegations contained in the publication that they are wholly untrue and that they have absolutely no connection with Scancem and remain faithfully to their belief in the ability of the Ghanaian public to spot political mischief whether emanating from home or abroad.
On our part we hope, relying on Article 162(6) of the Constitution, that you would publish this rejoinder un-edited and would give it the same prominence you gave your own publication.
Yours faithfully Tony Lithur Cc 1. His Excellency Flight Lieutenant Jerry John Rawlings 2. Mrs. Nana Konadu Agyeman Rawlings
Source:Tony Lithur

Former First Family cited in bribery allegation

The newspaper, Daily Graphic, says a bribery case being heard at the Asker and Baerum High Court in Norway has implicated former President Jerry Rawlings in a bribery case.Also alleged to have received monies thought to be bribes is Nana Konadu Agyeman-Rawlings, the former First Lady, and Mr. P.V. Obeng, a special adviser to the then PNDC government.

The case, according to the publication, started in October 2005, and involves one Tor Egil Kjelsaas who had been sent to court by his employers, SCANCEM of Norway, the founders of GHACEM in Ghana, over an alleged bribery of some West African Heads of State involving huge sums of dollars.GHACEM, the, cement com¬pany in Ghana, until 1991 was owned by Norwegian investors, SCANCEM.Since the 60s, SCANCEM controlled the cement production in Ghana, Liberia, Togo, Sierra-Leone and beyond, often as a monopoly.

Kjelsaas who has been accused by his employers of theft was stationed in Africa to represent SCANCEM's interest.According to an investigative article published by a Norwegian Magazine – DN Magasinet – in April this year about the bribery allegedly perpetuated by Kjelsaas and titled, “Gray Cement - Black Money”, the magazine stated that proceedings from the court indicate an alleged bribery at the highest levels in Ghana, Togo and Nigeria.According to the report, Kjelsaas was believed to have paid huge sums of money to some African leaders in order to sustain SCANCEM's monopoly over supply of cement to the countries mentioned.The report went further to state, according to the court proceedings, that “in the mid 1990s, there were two anonymous bank accounts in Unibank S.A. Luxemburg and Barclays Bank S.A. in Geneva, Switzerland.

"These two accounts were earmarked for Ghana and huge sums of US dollars were deposited by SCANCEM in them.It said between 1993 and 1998 a total of US$1,690,000 was transferred to the Barclays Bank account and a total of US$2,460,000 was also paid into the Unibank account during the same period.The proceedings showed that SCANCEM management believed that the money deposited in the Barclays Bank account went to Nana Konadu Agyeman-Rawlings, and that of the Unibank went to Mr P.V. Obeng, then a special advisor to the PNDC regime headed by J.J. Rawlings.Testifying, however, Gerhard Heilberg, a SCANCEM official based in Ghana at the time, said Rawlings and his wife were among those who received money from SCANCEM.A testimony by former SCANCEM Finance Chief, G. Jacobsen, also said bribery in Ghana and Africa for that matter was done by cash payments.

The report further said a testimony by Tor Nygarrd, a management staff of SCANCEM who paid out the monies said they paid politicians, the party which is believed to be the National Democratic Congress (NDC), and Ghana Port officials.He said special code forms were developed in Ghana for those who received the monies.

He said 14 of such coded forms were used and the date and amount for each recipient were recorded in Ghanaian cedis as well as US dollars.P.V. Obeng, however, in an interview with the magazine is reported to have claimed the monies were paid to him by SCANCEM for consultancy services.GHACEM had for a long time enjoyed a monopoly status in the production and supply of cement in Ghana.
Source:Daily Graphic

Kofi Annan To Address Ghana's Parliament

BUSUMURU Kofi Annan, the immediate past Secretary General of the United Nations, is expected to address Parliament as the house rises on Tuesday, July 31.The House is expected to rise on July 31 after completing the second meeting of the third session of the Fourth Parliament.Felix Owusu-Adjapong (NPP – Akyem Swedru), Majority Leader and Minister of Parliamentary Affairs, who announced this on Friday, when presenting the business statement of the House, urged Majority Leader and Minister of Parliamentary Affairs, who announced this on Friday, when presenting the business statement of the House, urged members to be present for the special occasion.He said, during this week, the House would debate a private member’s motion requesting "government to take appropriate measures to remove the algae in the marine waters of Jomoro District since they have greatly affected the livelihood of the people of the area". The motion was filed by Lee Ocran (NDC Jomoro).He brought the issue to the attention of the House in a statement on the floor of the House, two weeks ago.Mr Owusu-Adjapong said the Appointments Committee would meet to consider the President’s nominees for Ministerial and Deputy Ministerial appointments and also debate the motion for the adoption or otherwise of the committee when they are presented.
Source:Times

MTN Areeba pledges Support for festivals and cultures in northern Ghana

Mr. George Andah, Chief Marketing Officer of MTN (formerly Areeba), said on Saturday that the company would support traditional authorities in the north to celebrate their festivals and also help them to preserve their culture. He said this would become fully accomplished when MTN Foundation was launched in the country before the end of the year to focus on education, health, economic empowerment and arts and culture especially in the northern sector.

Mr. Andah said this in Tamale when he paid a courtesy call on the regent of Tamale, Alhaji Abdulai Ziblim, and added that Areeba supported vocational education in the Northern Region and would build on it for further improvement. Mr. Andah said MTN, sponsors of CAN 2008, would collaborate with the Tamale Metropolitan Assembly and traditional authorities to ensure that Tamale hosted the event successfully. Areas of collaboration would include decoration of roads from the Tamale Airport to the games venue, some major roads and roundabouts to ensure that visitors and investors appreciated the beauty of Tamale and the country.

Alhaji Ziblim commended MTN for the projects and pledged his full support to their activities in the region. He said Tamale was now a haven of investment and that MTN's presence in the region would encourage other investors to focus attention on the Northern Region. Mr. Andah earlier presented a cheque for 41.1 million cedis to the Northern Regional Coordinating Council as MTN's contribution to the Tamale Disaster Fund.GNA

Otumfuo sets up committee to facilitate cocoa processing factory in Ashanti

Otumfuo Osei Tutu II, Asantehene, has set up a committee to select a suitable piece of land for the establishment of a cocoa-processing factory in the Ashanti Region within the next six months. This followed the conclusion of an 18-month feasibility study by the ADM Cocoa International that had expressed interest in setting up the factory in the region at a meeting with Otumfuo Osei Tutu.

This was contained in a statement issued in Kumasi and signed by Mr G.B. Osei-Antwi, Media Relations Manager for Manhyia Palace. Oheneba Atwereboanda II, Hiahene, heads the committee. Otumfuo Osei Tutu charged the committee that has officials of the Environmental Protection Agency, the Kumasi Metropolitan Assembly and the ADM Cocoa International as its members to work with dispatch and submit a report to him within two weeks.GNA

Fire devastate Tema ECG panel

Technical personnel of the Electricity Corporation of Ghana (ECG) Tema, on Saturday afternoon acted promptly to put out fire that had swept through one of its equipment at the Community one substation to save a national disaster.

Within 30 minutes the men led by the Regional Engineer, Mr. Delali Oklu brought the fire in one of its panels at the material division of the ECG opposite the old Ghana Textile Manufacturing Company under control.

The incident has placed part of the city in total darkness but Mr Oklu assured the public that power would be restored after the situation had been rectified soon. Mr Oklu could not tell the cause of the fire, saying they were still investigating. When Ghana News Agency arrived at the scene ECG personnel were still working on the burnt panel.

Their equipment, together with others in other sub-stations in the municipality were recently installed by the Tema Office of ECG from its own internally generated funds, costing millions of cedis. Meanwhile the early morning rains caused havoc in part of the communities in Tema. Many roads at Community 12 got flooded, making it unmotorable some residence near Good News Mission were flooded. The situation was not different at Community five as the frontage of some houses got flooded whiles pools of water had collected in the middle of the road, making driving uncomfortable.GNAREA