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Friday, March 20, 2009

Ahead of NPP congress

Proposed constitutional amendment sparks protest
Posted: The Chronicle Friday, March 20, 2009

By Charles Takyi-Boadu
The Chronicle can report on authority that a huge debate has erupted in the opposition New Patriotic Party (NPP) following calls by some of its members for a constitutional amendment to expand the party’s Electoral College. Sources at the party’s headquarters have told the paper that the situation has left the leadership in a fix, as to whether or not to consider the proposal for an amendment of the party’s constitution to expand the Electoral College, or stick to old provision with a few changes that could give automatic voting rights to some key members of the party. Among those who have raised issue about the supposed proposal is a leading member of the New Juaben-South constituency of the NPP, Mr. Samuel Awuku who believes that no matter how good the idea might sound, it is likely to affect the fortunes of the party.
When quizzed on phone, he confirmed why he thinks granting voting status to all card bearing members in the NPP is a populist proposal, with serious future consequences if finally adopted.
For him, it is important to raise these issues now, for posterity sake, saying “we the youth are only part of today, but it is tomorrow that belongs to us.” “Yes, I favour the expansion of the Electoral College, but it must be done with great caution”, he noted.
In one of such proposals to the party, which The Chronicle is privy to, Mr. Awuku, who happens to be a former student activist who contested for the University of Ghana, Legon, SRC Presidency with Lord Hammah in the year 2006/2007 academic year, said “any increase in the size of the Electoral College will further give advantage to the rich and wealthy candidates, thereby engendering corruption which we all frown upon.”
He noted that an expansion of the Electoral College could lead to a high cost of running campaigns.
This, according to him, is evident in the fact that the candidates will have no choice but run huge advertisements and rallies in all constituencies in order to disseminate their messages to the delegates.
To him, this could mean discussing confidential party matters in the open, which will obviously provide enough ammunition to their political opponents, especially those in the ruling National Democratic Congress (NDC), to use against them.
Apart from spending heavily on rallies and adverts, he noted that candidates will also have to spend heavily on Chiefs and other dignitaries during this kind of campaign, emphasising that this cannot be supported by the candidates with small campaign budgets, thereby defeating the very notion that this will help kill ‘moneycracy’ in the game.
“An electoral college comprising all card bearing members means that the party will have to pay the EC millions of Ghana Cedis to organise two general elections, one in 2009 and the other in 2010, and then every four years, whilst we cannot afford to adequately resource our serial callers or pay our constituency officers, not to mention settling monthly utility bills at the constituency, regional and national offices”, he emphasised.
Whilst admitting that it might be attractive to increase the size of the Electoral College by increasing the number of delegates from the overseas branches, who are currently entitled to only one delegate per branch, Sammy Awuku argued that these are enlightened and resourceful people who will pay for their trips to and from Ghana at their own expense.
He is confident that these are not only discerning people but generally cannot be bribed to change their minds, therefore “fifty (50) delegates per branch would not hurt, looking at the kind of support they give to the party”, he said. He added that other generally enlightened groups could be identified and enfranchised, citing TESCON branches in the various tertiary institutions.
These groups are those he described as the NPP’s “intellectual foot-soldiers who play an important role in the party, but are disenfranchised during the decision making process of our party.”
He therefore indicated that five members per TESCON branch would be a good starting point.
Mr. Awuku, who is also a member of the Alliance for Accountable Governance (AFAG), a pressure group which is championing the removal of the Foreign Affairs Minister, Alhaji Mohammed Mumuni further proposed the full listing of stakeholders by way of enlarging the Electoral College for the election of National Officers and the party’s Presidential Candidate.
In the meantime, he indicated that it will be prudent to enfranchise groups such as the overseas branches (5 per branch), TESCON branches (2 per branch), immediate past MPs, former Constituency, Regional and National Officers, all Parliamentary candidates who lost their seats in the most recent general elections, former NPP DCEs and MCEs, former NPP Ministers and Deputy Ministers, all 10 Constituency Officers, all founding members, all Patrons and eligible delegates who are card-bearing members of the party and in good standing.
“As much as we all love the card bearing members to exercise their franchise, the time is definitely not ripe for us to take such a huge gamble. The party is now in desperate need for answers to the numerous questions as to why we lost the last election”, he stressed.
Under the current circumstance, he noted that it will be strategically suicidal to open the party up for further damage, expressing the hope that the Constitutional Review Committee will come up with more innovative ways in expanding the Electoral College, than the idea of all card bearing members being granted voting rights since it has future repercussions.

Thursday, March 19, 2009

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.

Wednesday, March 18, 2009

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.