Afari Gyan fires Police & Media

... For acting with impunity

Posted: The Chronice Thursday, March 19, 2009

By Charles Takyi-Baodu

Barely three months after the 2008 General elections which virtually took the country to the brink of uncertainty, the man who is credited for holding Ghana in one piece, Dr. Kwadwo Afari-Gyan has come out to criticise the officers and men of the Ghana Police Service and the media for their actions and inactions during the election period.
He claims that the police failed to act on some instances of election-related violence and infractions of the country’s electoral laws during the election period.
Whatever the reasons for the inactions, Dr. Afari-Gyan noted that it was not good for the conduct of credible elections, taking into account the fact that it could easily cause a feeling of impunity. For this reason, he has stressed the urgent need for the police to consider itself as a national institution, not beholden to any government or political party since according to him, “in all likelihood, no party or government will stay in power forever.”
He believes the actions of both the police and the media could have plunged the nation into chaos and has, therefore, called for steps to be taken to forestall such unwarranted incidents.
Dr. Afari-Gyan, who is the Chairman of the Electoral Commission made these observations at the ‘Kronti ne Akwamu’ lecture at the British Council hall in Accra, on Tuesday, under the theme -”The challenges to conducting free and fair elections in emerging African democracies: The case of Ghana.”
The forum which was the fifth in the series of the annual ‘Kronti ne Akwamu’ lectures organised by the Centre for Democratic Development (CDD) was Chaired by His Lordship Justice V.C.R.A.C Crabbe, a former Supreme Court judge Justice and Commissioner of the Electoral Commission of Ghana.
Turning the heat on the media, Dr. Afari Gyan said whilst appreciating the valuable contributions of some media houses for keeping the public abreast with various happenings in the country before and during the elections, others did not also do well as they embarked upon misreporting, peddling of lies and virtually inciting people to engage in disorderly behaviour.
“I think it is important for the media to be mindful that the fundamental human freedoms of association, movement, speech and choice are particularly on test, during election times”, he emphasised.
If for one reason or the other the media happen to have forgotten its role in an election period, the man who saved the country from going the way of Kenya and other war torn African countries, reminded the media that it has a responsibility to promote civilisation of these freedoms in times of election.
In finding solution to the challenges of conducting free and fair elections in emerging African democracies, especially in the case of Ghana, Dr. Afari-Gyan, who has over 16years of working experience as an election Administrator, and doubles as the Executive Secretary of the African Association of Election Authorities (AAEA) said “the ideal situation for achieving credible elections in Ghana and indeed anywhere in the emerging democracies in Africa will be where both the internal and external environment are right.”
Unless both environments are right, the Electoral Commissioner believes that “conducting a democratic election may be likened to dipping a piece of cloth in murky waters and hoping that it will not be stained.”
He therefore called on all stakeholders to help in finding a lasting solution to fashion ways to organise a truly free and fair elections in the country.
The ‘Kronti ne Akwamu’ lecture which began in March 2005 is the CDD’s flagship annual lecture on democracy and governance which is aimed at bridging the gap between reflection, research and analysis on one hand and pro-democracy and good governance advocacy on the other hand. It is also aimed an enriching the duality of public discourse on democratic and governance reforms.
The lectures feature prominent scholars and activists of local and international repute, whose work focus on building democracy and fostering good governance.
Each year, speakers are invited to share their knowledge and insights on these issues, with the hope of stimulating vibrant public debate.
The lecture has been dubbed ‘Kronti ne Akwamu’ after the Akan ‘adinkra’ symbol which according to the CDD, best represents democracy, duality of the essence of life and interdependence.
The symbol in itself encapsulates a system of decentralised political authority with different branches of government complementing, and also checking each other.

Captain Nikyi vrs Chief of Defense Staff and two others

ARMY OFFICER BATTLES WITH SUPERIORS
…As military authorities fail to release him
Posted: The Chronicle Wednesday, March 18, 2009

By Charles Takyi-Boadu
Lawyers for the military officer who has been arrested and accused of misappropriating an amount of $30,000 meant for Peacekeeping operations in the Democratic Republic of Congo are finding it extremely difficult to execute the bail granted him by an Accra High Court.
Though the High Court, presided over by his Lordship Justice Dery granted Captain Daniel Nikyi, the officer in question a bail in the sum of GH ¢200,000.00 on March 3, 2009, with two sureties to be justified, the military authorities have defied the court order.
They have instead filed a counter application for a review of the court order.
In an affidavit in support of motion for review of orders and stay of execution, the
Minister of Defense and the Chief of Defense Staff, who were represented by Lt. Col. Fiawo and Lt Col. A.K Awuah, noted that if the court was seized with the defendants/applicants affidavit in opposition and the relevant provisions in the Armed Forces Act which provide that an accused person may be kept in close custody during the pending of a case against him before a Court Martial, in connection with custody of accused persons, it may not have admitted the plaintiff/respondents into bail.
They noted that the admission of the plaintiff/respondent into close custody during the trial of his case by a Court Martial is not inconsistent with the 1992 Constitution.
It was, therefore, the case of the defendants that the execution of the bail order of the court will affect the proceedings of the Court Martial currently ongoing in terms of the administration of the applicant/respondent.
They therefore prayed that the order of the court on March 3, 2009 be reviewed and execution of same stayed.
On their part, lawyers for Captain Nikyi averred that in so far as an affidavit in opposition has been filed after the determination of the matter before the court, the said affidavit in opposition is no legal effect.
They cited the applicants for contempt of court by failing to first obey the order to grant their client bail before filing the instant application for a review and stay of execution of the order dated March 3, 2009. They contended that they cannot be heard before the court unless and until the applicants have purged their contempt by obeying the order granting him bail.
Meanwhile the court has set Tuesday, March 24, 2009, to determine whether or not to review its bail order or grant the application filed by the Minister of Defense and the Chief of Defense Staff.
Captain Nikyi who is with the Forces Pay Office (FPO) at military headquarters in Burma Camp has been detained for close to five months.
He is being 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.
Captain Nikyi is further 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 and for fraudulently misapplying 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 a 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 Defense 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.
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 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,” he emphasized.

After capitation grant, healthy balances, Free maternal deliveries

IS THAT HOW YOU TREAT ME?

... Kufuor asks as BAPAC shows solidarity

Posted: The Chronicle Monday, March 16, 2009

By Charles Takyi-Boadu

After introducing the Capitation grant, National Health Insurance, free Maternity care, School feeding programme and other pro poor policy interventions, former President John Agyekum Kufuor is obviously not happy with the ‘Thank you’ treatment being meted out to him by the National Democratic Congress (NDC) government.
He is particularly worried about the retrieval of cars from his residence and the hullabaloo surrounding his new office in Accra. He has, however, declined to make any public statement for now, promising to do so at the right time. At a meeting held at his private residence in Accra over the weekend, with the Brong Ahafo Patriotic Caucus (BAPAC) of the New Patriotic Party (NPP), the former President declined to speak to the media in order to avoid making statement that would aggravate the situation.
Mr. Stephen Ntim, a former second vice Chairman of the party and one of the leaders of the delegation, told The Chronicle that the ‘old man’ (Kufuor) was not happy with current developments in the country, where the National Democratic Congress (NDC) government has sought to damage the former President’s reputation. “Naturally, he is not happy about it but he has decided to keep his calm for now, he is not going to talk now, but he is not happy about these developments”, he noted. Asked why Mr. Kufuor is not a happy man, Mr. Ntim, who once contested the National Chairmanship position of the party but lost, said “he is human, he is not happy about these developments, I’m not happy and I don’t think you will be happy if you were in his shoes or my shoes.” He further noted that “if we sit down and allow these things to be meted out to him and for the NDC government to embarass him the way they are doing, then the rest of us will not be safe in the country.”
After BAPAC had held talks with the former President, Mr. Ntim said he (Kufuor) was touched by the concern the group had shown towards the current developments meant to humiliate him.
The delegation was made up of key members of the party in the Brong Ahafo region, including the likes of Professor Christopher Ameyaw Akumfi, Dr. Kwame Ampofo Twumasi, Ignatius Baffuor Awuah, George Boakye and Mr. T.K Obeng. In a statement signed by Nana Ama Bame Busia and Mr. Steve Ntim, BAPAC expressed deep concern about recent developments in the country, in which it noted that “a man who has distinguished himself so well is being harassed unnecessarily.” “BAPAC condemns in the strongest of terms the illegal way your vehicles, which were part of your entitlements were retrieved, and now the unwarranted brouhaha over your Ridge office building”, it emphasised.
This, according to the group, makes it difficult for them to accept what they described as President Mills’ rhetoric of being a father to all and uniting all Ghanaians.
The group has therefore vowed to stand by Mr. Kufuor in these times of difficulty, stressing that “we are prepared to offer our assistance as and when it is needed and will do everything within our means to make sure our fledgling democracy is sustained and developed in freedom,” the statement added.
The group said it was worth noting the fact that Mr. Kufuor assumed the reigns of power at a time when the national coffers and reserves were dry, with its attendant effects on inflation and lending rates, weaker state institutions and a precarious security situation. In spite of that, they noted -“these challenges did not prevent you from building a Ghana capable of supporting the poor, and bridging the gap between the poor and the rich, thereby creating wealth out of empty coffers”.
The result of these, according to the group, is the resilient economy that Ghanaians are witnessing today. According to them, a health sector, which was then running on the deadly wheels of a ‘cash and carry’ system in the year 2000, had to be replaced by Mr. Kufuor’s government with a more humane National Health Insurance Scheme (NHIS).
Whilst crediting the former President for the introduction of the Free Maternal Care policy which enables pregnant women to deliver at the hospitals and clinics at no cost, they also praised him for introducing the Capitation Grant, Free Busing system and the National School Feeding Programme which has not only increased enrolment at basic schools, but also increased the retention rate as well. According to BAPAC, the legacies of the former President can only be compared to those of the late Osagyefo Dr. Kwame Nkrumah, Ghana’s first President. In striking the difference that exists between the two personalities, the group stressed, “the only difference between you and the first President is that, while the later had post independent seed money to start off, you came to meet a nation on its knees and created a heroic Ghana out of zero.”
In these trying times, the group encouraged Mr. Kufuor to remain steadfast in his quest to support the NPP to remain united in opposition, in order to regain power in the year 2012, saying: “and your name will be engraved in golden letters when the history of the Danquah-Busia tradition comes to be written.”
It therefore could not but wish the former President good health, long life and fruitful retirement, with the hope and belief that posterity will be kind to the ‘old man’ when future generations celebrate the nation’s achievements