Over 1,748 people still languishing in jail

… Without valid warrants

Posted: The Chronicle Monday, March 09, 2009

By Charles Takyi-Boadu
Mrs. Betty Mould-Iddrisu, Attorney-General and Justice MinisterThe Chronicle can report on authority that there are well over 1,748 people languishing in the country’s prisons, without proper or valid warrants for their continuous incarceration.
Available statistics gathered from the Centre for Human Rights and Civil Liberties (CHURCIL), through its occasional institutional visits to the various prison yards, indicates that as at November 15, 2008, the Nsawam Medium Security prison alone had 1, 224 inmates, who were being held without proper or valid warrants to justify their continuous detention, aside 12 other female prisoners who were being held at the same Nsawam Prison for similar reasons.
The Kumasi Central Prison also had 52 inmates, while the Koforidua local prison had 69.
The Ankaful Prison Annex also had 64 inmates, while the Akuse and Ho Central prisons had 63 and 53 inmates respectively, who are being held under similar conditions.
Both male and female put together, the Sekondi Central Prison by then had 60 inmates, whilst that of Winneba and Tarkwa had 42 and 30 respectively.
The rest are Sunyani Prisons 19, Wa Central Prisons 16, Navrongo 11, Yendi 10, Tamale Central Prisons 12, Kete-Krachi Prisons six, Kpando Local Prisons four, and one at the Obuasi Local Prisons.
The situation has arisen as a result of the inability of prosecutors and court officials to either trace or locate dockets covering the cases involved.
This, is in spite of an earlier ultimatum issued by the then Attorney-General (A-G) and Minister of Justice, Mr. Joe Ghartey, and the immediate-past Inspector General of Police (IGP), Patrick Kwarteng Acheampong, in which the two gave the police prosecutors a 14-day ultimatum on October 22, 2008, to renew the expired warrants of remand prisoners, or face disciplinary action.
This was after CHURCIL, a partner in the Joe Ghartey instituted ‘Justice for All Project,’ issued a report after undertaking a six months check on prisoners, in which it noted that over 300 remand prisoners were being held at the Nsawam Medium Security Prison, though their warrants had long expired.
At the time, the A-G gave his word that in the case where the prosecutors were unable to take steps to renew the warrants of such prisonsers within the given period, he was going to take steps to ensure that they were released on bail.
In the light of this, the Executive Director of the CHURCIL and legal whiz kid, Kojo Graham, has demanded that the prisoners be set free, since their continued stay in the prisons did not only amount to an illegality, but also constituted a serious breach of their fundamental human rights, as enshrined in the constitution and other international conventions.
In an interview with this reporter, Mr. Graham reiterated his call for the urgent need to set up special courts, across the length and breadth of the country, to handle and dispense the backlog of cases involving remand prisoners, in order not to aggravate the situation at the already choked prisons in the country.

Koku takes Ato Kwamena Dadzie to cleaners

Posted: The Chronicle Friday, March 6, 2009

By Charles Takyi-Boadu

The seat of government is obviously unhappy with comments emanating from certain quarters, which seek to create the impression that President Mills has deceived Ghanaians with his promise to run and keep a lean government. In response to one of such comments by Ato Kwamena Dadzie of Joy FM's Newspaper Review fame, who has not just cultivated a habit, but equally takes delight in making fun of public figures, the Head of Communications at the Presidency, Koku Anyidoho, did not pull his punches, as he went all out to launch a blistering attack on him. In a statement, Koku noted, "as a professional, I have restrained myself from allowing the ignorance of certain persons and their discourse, to draw me into an ignorance-filled debate." He, however, noted, "when Ato Kwamena Dadzie decides to move the ignorance-filled discourse to absurd levels, it is only proper that I do my utmost best to clear some of the cobwebs in the head of Ato Kwamena Dadzie." In his piece that appeared in The Daily Dispatch on Thursday, March O5, 2009, titled "Team Mills: not so lean", Ato Kwamena Dadzie made some postulations, which Koku said he finds very wonky. Koku wondered why Ato Kwamena Dadzie thinks that by appointing 75 ministers, the President Mills was not keeping to his promise of having a lean government, forgetting that he has cut-off four ministries and not reached the 88 mark, as in the case of the former New Patriotic Party (NPP) administration, led by President Kufuor. Meanwhile, he noted that the President had stated in unequivocal terms that his tenure would have no space for Special Assistants for Ministers and other government officials, as was the case in the previous administration. Whilst indicating that through this, some significant savings would accrue to the government purse, Koku could not, but pose a rhetorical question, "and who says running a lean government is only about the number of ministers?" To him, the rationale behind running a lean government, is to run a lean budget, saying, "so, if His Excellency the President, has decided to have only three vehicles in his convoy; has decided to live at the Castle instead of his Regimanuel Estate home, thereby cutting down his fuel consumption; has decided to significantly slash protocol budget, evidenced by his cancellation of two state banquets so far, and his refusal to embark on useless trips outside the country, Ato Kwamena Dadzie should engage in some cursory mathematics, and he will realise that His Excellency the President is committed to keeping a lean expenditure regime." In leading by example, he emphasised that the President would manage a lean budget at the Presidency, and will not allow his ministers to abuse their privileges. What seemed to bore Koku most, was Ato deriding his personality by claiming that he (Koku) was appointed to the position of Head of Communications at the Presidency as a way of massaging his ego. "Ato Kwamena Dadzie may have an educated opinion on a number of issues but his postulation on the roles of the Head of Communications and Spokesperson pans him out as not having a hold on the distinct and separate functions of myself and Mahama Ayariga," he noted, stressing, "I am not about to be the fly that follows the corpse into the grave, and so 1 will not run through my schedule with a comb." For Ato to know that he is not wearing a 'crown' to 'salve' his 'bruised ego,' as he claimed in his articles Koku said. "I will leave Ato Kwamena Dadzie to educate himself on the role public relations plays in modern day image and information management.He therefore advised Ato to find time to conduct a search through the Google search engine about the White House working structure, stressing that he would wake up to the realisation that the decision of President John Atta Mills to have a Spokesperson and a Head of Communications was nothing new. "I am not running away from the fact that in the heat of the campaign, issues had to be addressed forcefully, and if that is what Ato Kwamena Dadzie refers to as raving and ranting, so be it!" he emphasized, stressing, «indeed, if the clock of time is wound back, and 1 situate myself in the context of the 2008 election, I will do the same things I did without any qualms at all." Koku Anyidoho ended up by extending an invitation to Ato K wamena Dadzie, to pass by his office in his own free time, since he was ready to give him his job description and that of Mahama Ayariga. In the last breath, he noted, «let me state for the records that I am not going to expend my energies responding to needless issues. The President has been given the mandate to build a better Ghana, and in my capacity as the Head of Communications at the Presidency, it is my job, per the heavy responsibility I carry, to support the President to build a better Ghana.

Soldier arrested for `chopping` $300K Military cash

Posted: The Chronicle Wednesday, March 04, 2009

By Charles Takyi-Boadu

An officer of the Ghana Armed Forces (GAF), Captain Daniel Nikyi has been arrested and brought before a Court Martial, to try him for allegedly misappropriating an amount of about US $300, 000.00 during a Peacekeeping Mission in the Democratic Republic of Congo.
Captain Nikyi, who is with the Forces Pay Office (FPO) at the Amry Headquarters in Burma Camp, was detained for over four months under close custody and security guard, sometimes without food and water.
He was held in Military custody on five counts of neglect to the prejudice of good order and discipline, contrary to Section 54 Armed Forces Act (AFA) 1962, and fraudulently misapplying, contrary to Section 52 (1) (a) of AFA 1962, among others.
He is accused of failing to produce vouchers and receipts to cover return air ticket in respect of GHANBATT’s Medal Day Delegation and GHANBATT 13 CO’s Pre-deployment Renaissance to the tune of US $12, 036.00 -whilst he was a Paymaster of MONUC GHANBATT 12 in the Democratic Republic of Congo, between July 2007 and January 2008.
He is also alleged to have fraudulently misapplied an amount of US $5,000.00 out of the GHANBATT’s Welfare Bus maintenance vote, and having exceeded the approved estimates for MONUC GHANBATT 12 without authorization, contrary to paragraph 2 of GHQ/8236/5 (DFC), dated July 4, 2007.
Captain Nikyi is further alleged to have failed to submit vouchers and receipts to cover excess expenditure during his tenure as Paymaster and fraudulently misapplying an amount of US $269, 793.37 belonging to the Ghana Armed Forces.
Meanwhile, the Human Rights Division of an Accra High Court, presided over by His Lordship Justice Derry has granted the applicant bail, in the sum of GH ¢200,000 with two sureties to be justified.
Counsel for Captain Nikyi, Andrew Kojo Daniels of JAN chambers, who filed an application for bail at the court pleaded for an order seeking to enforce the fundamental human rights of the applicant (Article 14 (4) of the Constitution) pursuant to Article 33 (1) of the Constitution.
In an affidavit in support of the motion against the Attorney General, Minister of Defence and Chief of Staff of the Ghana Armed Forces, the applicant stated that he was placed in close custody with respect to allegations of a disciplinary case, and a case of misappropriation of funds concerning the findings of an audit report for the MONUC (GH) imprest account, for the period of July 16, 2007, to January 14, 2008.
Though the summary of evidence taken from various witnesses could not establish a prima facie case against him, coupled with his continuous denial of any guilt of criminal, civil or otherwise, in respect of the said allegations, he noted that the authorities still detained him against his will.
Meanwhile, Act 105.34 of the Armed Regulations (Discipline) volume II 61 (1) states “where a person triable under the Code of Service Discipline has been placed under arrest for a service offence and remains in custody for eight days without a summary trial, having been held or a court martial for his trial having been ordered , a report stating the necessity for further delay shall be made by his commanding officer to the authority who empowered to convene a court martial for the trial of that person, and a similar report shall be forwarded in the same manner every eight days until a summary trial has been held or a court martial has been ordered to assemble.”
Section 61 (2) of the same Act also provides that “every person held in custody in the circumstances mentioned in subsection (1) who has been held continuously so held for a period of twenty-eight days without summary trial having been held or a court martial having been ordered to assemble, shall at the expiration of that period be entitled to send to the President, or to such authority as the President may appoint in writing for that purpose, a petition to be freed from custody or for the disposal of the case and in any event that person shall be so freed when a period of ninety days continuous custody from the time of his arrest has expired, unless a summary trial has been held or a court martial has been ordered to assemble.”
In the light of his continued detention, Captain Nikyi filed a petition on January 21, 2009, for his release from close custody.
Instead of responding to his petition, the applicant noted that he was on February 11, 2009, rather served with a summary of evidence, the Convening Order and an Amended Charged Sheet.
In Pursuant to Article 14 (4) of the 1992 Constitution, “where a person who is arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this Article is not tried within a reasonable time, then without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial”, Counsel for the accused, therefore, sought a relief for the immediate release of his client from close custody on bail terms to be determined by court.
It was, therefore, the argument of Counsel that as a citizen of Ghana, his client who was represented in court by his wife was entitled to this relief, “given especially that we are all equal before the supreme law of Ghana, being the Constitution which presumes every person innocent until proven guilty.
This, according to him, was evident in the fact that his fundamental human rights have been and continues to be infringed upon by his incarceration for over four months till date.
“As an example of the infringement of my basic human rights, I was deprived of my daily ration of food and water during my period of incarceration”, he emphasized.
A lawyer from the Attorney Generals Department, who represented the AG, agreed to the bail application but pleaded for sureties.
The Presiding Judge thus granted the applicant bail in the sum of GH ¢200,000 with two sureties to be justified.