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The Healers of Ghana’s Economy (1) The Saviour of our Agrarian Economy

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Dr. Owusu Afriyie Akoto, former Minister of Food and Agriculture

One fine afternoon in the early eighties in my family home in Labone, a cousin of mine and I engaged in a debate which tore the rest of the youth in the house into two.

The issue was “Is Fishing, Agriculture?” At that time fish farming was virtually unknown in Ghana and so I said “No, it is hunting.” My cousin and some of my siblings and relations around disagreed with me.

Using my two-year education in Latin, I explained to them that the word agriculture is an adaptation of the Latin, agricultūra, which is from ager (field) and cultūra (cultivation or growing). Going further, I reminded my cousin who is an agriculturist as I am that in plain English, agriculture is the art and science of cultivating the soil, growing crops and raising livestock.

With two experts on the subjectunder discussion, arguing at poles apart, we ended disagreeing to agree.

Today, my feature begins a two-part article on those in this time of our lives, contributed greatly to making Ghana have her chest above waters. The first part is on agriculture and the second part will be on the industrial revolution.

Today in Ghana, except if one is blind to facts and truths, the one who has lifted agriculture up is the former Minister of Food and Agriculture, Hon. Dr. Owusu Afriyie Akoto. I will also say that another aspect of food production, that is fisheries, is well taken care of by Hon. Mavis Hawa Koomson, who I must say is the best fisheries minister since the Ministry of Fisheries and later the Ministry of Fisheries and Aquacultural Development became a full fletch ministry.

Hawa has been doing extremely well in that field and I must use this opportunity to congratulate her on the recent aquaculture farms she is putting up. With limited space but high productivity, these farms can be put up in smaller communities which are not even near a water body and yet there will be high yields. I believe that her ambition of increasing fish production by 136% is on course.

On this page, I am only going to talk about Dr. Afriyie Akoto, then the next will be on Alan John Kwadwo Kyerematen and maybe, I will bring a Part Three on Hawa Koomson.

Dr. Owusu Afriyie Akoto is someone with the highest learning in the field of agriculture and he had successfully applied his knowledge and made it practical for Ghana to start making gains in agriculture food production.

Agriculture contributes about 54 % of Ghana’s GDP, and accounts for over 40 % of export earnings, while at the same time providing over 90 % of the food needs of the country.About 40% of the total workforce in Ghana are into agriculture food production. This implies that if right mechanisms are put in place, Ghana will have more that it can feed on and sell the surplus abroad, hence becoming a major world food basket.

These are what Dr. Akoto started doing, even as he received bad blood from people who only want to see failure in everything this government does.

With him, the accepted practice that agriculture is only restricted to producing and consuming, was changed to make it real business where the aim is not only to make cedis, dollars or pounds, etc., etc, but also to feed local industries which would normally import raw materials that could be produced here – a turnaround for Ghana.

One day, I was driving an expatriate visitor through Osudoku in the Shai-Osudoku district of Greater Accra. He said to me: “Daniel, look at all these riches laying waste.” I looked around and saw some mango trees scattered about the place, a few coconut trees here and there and cashew trees hiding in the bushes, perhaps feeling shy. And of course, oil palm trees competing with the elephant grass. I knew what he was talking about but I still asked, “what do no mean?”

He said, “Look, just give me at least one thousand hectares of land here and I will make the natives here very rich. You cannot imagine the wealth in mango, coconut, oil palm and cashew. This land will be very good for sun flower cultivation. Getting a vast land to produce these crops, I will contact Thatcher and the others to set up processing plants, to produce for export. Do you think the workers will know what poverty is?” I kept quiet and momentarily sank into deep thoughts.

While I was still thinking of how to get round this, because of some reasons which I will not like to disclose here, Dr. Afriyie Akoto came with Tree Crop Development Authority which could earn this country in my estimation, more than US$12 billion a year.

Let us look at oil palm alone. The Malaysians crossed the seas and come down south here to learn from us how to cultivate oil palm. Today, Malaysia is well ahead of Ghana and in among the top three world producers with the crop yielding almost US$2.4 billion last year for that country. Our situation is like that of a class one teacher who taught a child how to read and write and in quarter of a century later, this pupil becomes a professor lecturing in the university, while the teacher is still teaching infants how to read and write.

Malaysia is producing 18.8 million metric tonnes a year to place second in the world and Ghana is at No. 14 producing 300,000mt/year. With the going world market price of US$980.00/MT, while Malaysia will earn US$1.842 billion this year, Ghana will receive a humble US$294 million.

Dr. Akoto’s ambition to make Ghana, a country beyond aid, through the enhancement of the production of tree crops, is one of the best, if Ghana should become a second world nation.

Post harvest loses, is one area where food is produced but cannot get to the consumer. In some cases, even if the food gets to the consumer, it becomes exorbitant in price. The result is even though the food gets to the market, the prices quoted will result in low patronage and in the end the food will go waste.

I was in Ejura last May and chanced upon a young girl selling salted tilapia (koobi). She had piled them in groups of five and the size of each salted fish was larger than the size of grilled tilapia been sold in Accra, at least GH¢75.00 apiece. All five in Ejura went for GH¢100.00, and this is at the retail market. So, how much will it be sold for when one goes to those who sell the salted tilapia in sacks?

At the time when Ghanaians were to enjoy the benefits from Planting for Food and Jobs (PFJ), food brought down from producing area was priced at least twenty times the farm gate price. The current agriculture minister, Hon Dr. Bryan Acheampong, was shocked when he was told a box of tomatoes at farm gate cost GH¢400.00, while in Accra four pieces of small sized tomatoes is going for GH¢5.00, so how much would a box of tomatoes go for in Accra?

Faced with this problem, Dr. Akoto organised the conveyance of food stuffs from the production areas to the major consumer destinations, the cities and towns. With the price of food stuff drastically reduced, enemies of progress got to work and challenged the rational of the ministry transporting food down to the cities.

Maybe, if Dr. Akoto had spent more time at MOFA, he would have set up market centers in Accra and other cities where under the organization of his ministry, food stuffs will be brought down and sold cheaply for all.

Hon. Dr. Owusu Afriyie Akoto has set up an innovation to cut down on prices of food stuffs and I only pray that this is well modified and becomes one of the departments in the Ministry of Food and Agriculture.

His flagship PFJ Initiative has recorded successes. The maize production was 3.6million MT in 2022, from 1.7 million MT in 2016; rice was up at 1.2 million MT from 688,000 MT over the same period.

Hon. Dr. Akoto’s PFJ is going to give respect to food producers, if it is made to become a process and fully operational, no matter which government is in power.

In the Western countries, farmers are among the most respected. During my studies abroad in poultry science and management, I saw how beautiful it is to be a farmer.

A typical farmer will have say at least a five hundred acres of land for cultivation of food stuffs and production of animal husbandry. On the farm will be his house and living quarters for workers. There will be the silos and of course poultry houses and barns for cows and sheep. And there will be a mechanical workshop.

Whenever the farmer needs something, all he has to do is to place a call to companies engaged in that product and within a twinkle of an eye, services will be provided. He needs some inputs, he needs some weedicides and pesticides, and he needs his birds and animals to be vaccinated, his wish will be the command of the companies who deal in any of the above.

Harvest time is no problem for him, because, and again, after placing a phone call companies will come and harvest and issue him with a cheque to cover full cost of the produce.

This is where Dr. Akoto’s PFJ is going to and soon, farming and food production in general will be so attractive and respected. Hopefully this will make most of the youth to go into food production, instead of social vices. Galamsey will die a natural death and our water bodies and arable lands will be protected, because the youth will find a better way of making money. Thanks to PFJ.

Dr. Owusu Afriyie Akoto is one of the patriotic Ghanaians who have desired to heal our economy and make it strong. Could it be a surprise as to how come with economic challenges facing this country, Ghana started registering trade surpluses from 2020 to date? For the twenty-seven years into this republic, Ghana recorded trade deficits until 2020 and this has been so to this date. Surely, Dr. Owusu Afriyie Akoto’s PFJ and other agriculture policies have helped Ghana to achieve this feat.

Hon. Daniel Dugan

 

 

BoG, Ghana Armed Forces Conduct Stimulation Exercise

By
JENNIFER AMBOLLEY
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The Bank of Ghana, in collaboration with the 6 Garrison of the Ghana Armed Forces (GAF) and other security services in the northern region have organised a Simulation Exercise, codenamed ‘’EXERCISE RESOLUTE RESPONSE’’.

The exercise took place at the Bank of Ghana Regional Office in Tamale, Northern Region yesterday 5th July, 2023.

The Exercise was to practice the Garrison and other security services in the Tactics, Techniques and Procedures related to Counter Terrorism Operations and Hostage Rescue Situations.

It was also to test the staff of Bank of Ghana’s preparedness and response to such threats. The exercise featured troops from the 69 Airborne Force, 6 Infantry Battalion, Air Force Base Tamale, personnel from the Ghana Police Service and Medical personnel from the 6 Medical Reception.

The Command Operations Officer, Colonel F.W.K Agbebo, on behalf of the  General Officer Commanding Northern Command,  Brigadier General M. Essien noted that the exercise has been a success and the participation from all was highly commendable.

He stated that the threats from the Sahel was real and imminent and the need for such exercise to mitigate threats from Terrorist Armed Groups and Violent Extremist Groups.

The Base Commander, Air Force Base Tamale, Air Commodore Joshua Mensah-Larkai also commended the participants for a well-executed exercise.

He further commended the Management of the Bank of Ghana and urged the Bank staff to always reflect on the lessons learnt during the exercise since it may be beneficial to them in the future.

Site Manager allegedly defrauds Aviation Safety Inspector

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admin
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Court hammer

A 44-year-old site manager for AM Expander Enterprise, Godfred Atteh Otumi, has allegedly defrauded an Aviation Safety Inspector and an accountant by false pretenses.

He was dragged before an Accra Circuit Court, presided over by Samuel Bright Acquah, yesterday, on the charges of conspiracy to commit a crime and defrauding by false pretenses, but pleaded not guilty.

The charges were pressed against him by the prosecuting officer, Chief Inspector A.A. Asantewa. Godfred has been granted bail in the sum of GH¢500,000 with three sureties, and was further ordered to report once a week to the police.

Samuel Thompson, an Aviation Safety Inspector, and Eyram Adosraku, an Accountant, are the complainants in the case.

According to the prosecutor, somewhere in May 2022, Thompson contacted the accused to rent him a piece of land at Tse-Addo on which to operate his business.

The accused offered the land at the cost of GH¢2.000.00 per month for a period of ten years. Thompson paid the accused a sum of GH¢120,000.00 to cover five years.

In August of the same year, Adoraku also approached the accused with a similar request to rent him a parcel of land to operate his business on, and was charged GH¢144,000.00 for 10 years. Adoraku made part payment of GH¢104,000.00 into the accused’s bank account.

After collecting these monies, Otumi led the complainants to a fenced plot of land at Tse-Addo and demarcated the land for them. While at it, an unnamed civilian approached them and claimed ownership of the land.

Godfred then led the complainants to a different place, which was also fenced and gated, but a Chief presented himself to also claim ownership of that land. Following these events, the complainants became suspicious and requested a refund of their monies, but Otumi went into hiding.

On February 8, 2023, Godfred was arrested from his hideout following a petition by the complainants to the Director-General of the Criminal Investigation Department (CID) of the Ghana Police Service.

The accused admitted having received the monies, but claimed that he gave it to Alhaji Muntaka, who is currently on the run. Meanwhile, Godfred failed to lead the police to find the whereabouts of Muntaka.

The case was adjourned to August 2, 2023.

By McKenzie Days

IAA Sensitises Audit Committee on new guidelines in Bono Region

By
FRANCIS OWUSU-ANSAH
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Mr. Senanu Mensah Deputy Director of Enterprise Risk Management ,addressing the gathering

The Internal Audit Agency (IAA) has organised a sensitisation programme for Internal Audit Committee members of Municipal and District assemblies, as well as other agencies in Sunyani in the Bono Region to keep them abreast with the new guidelines of the Agency, aimed at injecting fiscal discipline in the management of public funds.

The new audit guidelines were issued by the Minister of Finance on the advice of the IAA this year to replace an old one issued in 2017.

The new guideline aims at retooling and restructuring audit committees across the public sector to be effective in supporting public financial management in Ghana.

Dr. Eric Oduro Osae, the Director-General of the Internal Audit Agency (IAA), in his speech delivered by Mr. Senanu Mensah Deputy Director of Enterprise Risk Management said the purpose of the new guidelines which became effective in April, 2023, provide guidance on the composition, roles and responsibilities of public sector Audit Committees in Ghana.

He added that the government has resolved to strengthen control structures and systems in the public sector. The IAA, he noted, is working with key institutions to restructure and strengthen audit committees in critical sectors of the Ghanaian economy.

In sum, the Director-General noted that the board and management of the IAA are working hard to reposition and restructure the public sector internal auditing in Ghana to meet global standards.

He reiterated that for the IAA to be effective in the discharge of its responsibilities, an audit committee requires the support of all relevant stakeholders, especially top management, and the governing boards/councils of covered entities.

Madam Justina Owusu Banahene, the Bono Regional Minister in her speech read for her by the Chief Director of Bono Regional Coordinating Council (BRCC) Mr. Andrews Okumah Nawil observed that in recent times, audit reports on public sector institutions including, Municipal and District Assemblies were ripe with incidence of pervasive corruption, misapplication of public funds and other related issues of procurement irregularities, which have become serious matter of public concern, notwithstanding the numerous legislative instruments promulgated to help curb these financial malfeasance.

The minister called on management and all other stakeholders at the RCC and various MDAs to fully cooperate and support the smooth working of the audit committees to help address the gaps that contribute to financial malfeasance.

‘Your assistance and cooperation is crucial to the work of the committees, which will not only ensure efficient utilisation of resources for national development but also ensure public accountability to promote good governance at the local level’, she emphasized.

Madam Owusu Banahene urged the audit committee members to perform their duties diligently in the best interest of the nation and therefore, let integrity be the hallmark in the discharge of their duties.

Driver, trader found guilty of selling Apostle Safo’s agro-chemicals without authority

By
SEBASTIAN R. FREIKU
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Samples of the reproduced product

A trader and a driver have been sentenced to a fine of GHS6,000 by the Juaso Circuit Court.

Kwadwo Effah, trader and Emmanuel Ayivi, driver, were found guilty of reproducing and selling Apostle Kwadwo Safo’s agro-chemicals without authority.

They will serve two years each in prison if they default in paying the fine.

They pleaded guilty to two counts of conspiracy to sell someone’s product and reproduction of someone’s product without authority.

The Prosecution officer, Police Chief Inspector Dela Amenuvor, told the court, presided over by Nana Asantewaa Atakorah that the complainant, James Nsiah, a Chief Security Officer of the Kristo Asafo Church in the Ashanti Region complained that the Founder and Leader of the Kristo Asafo Church has produced some agro-chemicals which were yet to be commissioned, yet some unscrupulous people have been selling the products with the label – “Akate Suro Africa Star”, on the local market.

According to the prosecution, word was communicated to members of the church across the country to be on the lookout for the perpetrators, in order to clamp down on the illegal activity.

Chief Inspector Amenuvor said on June 22, at about 7:30am, one Kwame Agyei Asamoah, who is a witness in the case, was approached by Ayivi with some agro-chemicals, with the label of Apostle Kwadwo Safo.

Upon enquiries as to the source of the chemicals, the driver mentioned the name of Effah, following which he called the Chief Security of the church who arranged for the arrest of Ayivi, who assisted the police to arrest Effah and a taxicab, with registration number GS 9159, which was used to convey the chemicals to farmers.

The police retrieved 87 insecticide powders, 24 labelled bottles of agro-chemicals, as well as 13 unlabelled chemicals from the cab.

Effah, in his caution statement admitted reproducing the products and acted together with Ayivi to sell same to farmers, without authorisation from the original manufacturers.

KologSoft introduces Artificial Intelligence in new POS

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admin
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KologoSoft

KologSoft, a software development company based in the Upper East Region has introduced an Artificial Intelligence chat bot on its Point of Sale (POS) Application to assist business organisations in their transactions without hustle.

The AI chat bot, readily answers questions of customers regarding how to sign up into the system, how to transact their businesses, as well as provide them with the necessary guidance they need to know about the new POS.

The application offers various features; including sale reports, stock management, expense tracking, balance sheets, profit and loss analysis, credit reports, debtors reports and stock valuation, among others.

These features aim to enable business owners to efficiently manage their sales and inventory, empowering them to make timely and informed decisions.

Mr Kolog John Dok, CEO of KologSoft, speaking at the launch of the App, highlighted the importance of addressing the challenges faced by business owners, who were using outdated POS systems.

The newly developed POS system does not only eliminates these challenges, but also allows business owners to customize the system according to their specific requirements and also gets prompt responses by interacting with the AI chat bot about their concerns.

Additionally, the POS system supports multiple business models, enabling different business types to be managed within a single portal by assigning specific staff members to operate in their respective business domains.

One of the key advantages of the KologSoft POS system is its cloud-based technology, which provides users with the flexibility to access their businesses from anywhere, at any time, even using mobile devices.

This allows business owners to stay connected and manage their operations efficiently. The system also offers real-time sales data and insights, empowering business owners to identify sales trends, track top-selling products, and make data-driven decisions to maximize profits.

Security and data protection are paramount considerations in any POS system, and KologSoft ensures top-notch security measures to safeguard sensitive information and protect customer privacy.

Mr Dok urged business owners to embrace innovation and enhance productivity by adopting the KologSoft POS system. He emphasized that businesses already benefiting from the system have seen improvements in their efficiency, productivity, and overall profitability.

With the introduction of the KologSoft POS system, businesses in the Upper East Region and beyond now have access to a comprehensive and user-friendly tool that can streamline their operations and drive success.

 

From Gilbert Azeem Tiroog, Bolgatanga

Parliament Shoots Down Supreme Court ‘Bonsam Tawa’ Verdict

By
MAXWELL OFORI
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CJ, Torkornoo, and Speaker Bagbin

The Legislature and Judiciary have collided on the law that allows for the cultivation of Cannabis in Ghana for industrial and medicinal purposes. Also known as Marijuana or Indian hemp, and in the local parlance as ‘ntampi’, ‘wee’, ‘bonsam tawa’ among many more.

The disagreement between the two arms of government stem from the Supreme Court’s recent judgment that the law that permitted the Minister for the Interior to grant an entity license to cultivate ‘wee’ was unconstitutional.

On the floor of the House on Thursday, July 6, 2023 a bill seeking to amend the existing Narcotics Control Commission law was read for the first time and referred to the Committee on Constitutional, Legal and Parliamentary Affairs, which has a week to report back to the House.

CORRECT AN ERROR

In his remarks, the Speaker of Parliament, Alban Sumana Kingsford Babgin, indicated that the House was not seeking to “review” the decision of the Supreme Court but instead to “correct” an error.

He tasked the leadership of the committees of Health and Constitutional, Legal and Parliamentary Affairs to work together on the bill, which is just a section.

“It is a matter that is dear to my heart personally and I think the country is losing a lot as a result of this [Supreme Court] decision. We need to work expeditiously to rectify the wrong,” he said.

He hoped that the three arms of government would work together to clear doubts about each other’s work before taking decisions.

Titled Narcotics Control Commission (Amendment) Bill, 2023 laid by the Minister for the Interior, Ambrose Dery, the House has set in motion steps to bring back the section the Supreme Court struck out upon a suit filed by one Ezuame Mannan against the Attorney-General.

A seven-member Supreme Court panel in a 4:3 majority decision, declared on Wednesday, July 28, 2022 that Section 43 of Act 1019 violated Article 106 of the 1992 Constitution and was thus null and void.

Section 43 of Act 1019 (1) stipulates that “the Minister, on the recommendation of the Commission, may grant a License for the cultivation of Cannabis, popularly referred to as “wee” in Ghana, which is not more than 0.3% THC content on a dry weight basis for industrial purposes, for obtaining fibre or seed for medicinal purposes.”

Subsection 2, which is the last under the section, says “For the avoidance of doubt, a License granted under subsection (1) shall not be for the cultivation of Cannabis for recreational use.”

Dissatisfied with the judgment, the Attorney-General filed a review application urging the apex court to reverse their earlier decision, which had occasioned a “miscarriage of justice,” but was not successful.

AMENDMENT

At the commencement of public business in Parliament on Thursday, the Minister for the Interior, who moved the motion for the amendment, expressed his disagreement with the declaration by the Supreme Court.

He told the House that the amendment would introduce Section 43 “exactly the way it was.”

According to him, though he respects the judgment of the court, he “disagrees,” arguing that the reason given by the apex court was in error.

He said on the floor that the reason given by the court that the particular section was not debated by Parliament defeated the consensus building in the work of the Legislature.

It was his argument that once a matter is for the consideration of the House, it is opened for debate, during which not only opposing views are expressed.

He explained further that even without contrary views, the Speaker asks the question and a decision is taken.

“So to, therefore, say that Section 43 was unconstitutional because there was no debate was in my humble opinion a grievous error, but because we also consider this to be a public health issue and the benefit of medicinal and industrial, as well as economic value, this amendment is necessary to let us put back what has been in my view erroneously declared unconstitutional,” he moved.

NO LEGALIZATION

The Minister explained that the Narcotics Control Commission (Amendment) Bill, 2023 does not seek to legalise the recreational use of Cannabis, but to allow the minister to issue a special License for Cannabis produced to a certain specification.

He argued that the idea was to move in tandem with the modern approach to the production of this Cannabis to specifications for industrial and medicinal use.

He cited that a number of African countries, including South Africa, Lesotho, Uganda, Zimbabwe, Malawi, Rwanda and Zambia were doing the same.

ECONOMIC BENEFIT

The Minister outlined the fact that there was economic benefit to be derived from the specific cannabis to be produced under the bill, stating that “a billion dollars is out there, and countries like Canada, the United States, Mexico, Costa Rica, Argentina and Peru have all identified and are all going along to make sure they achieve what is useful.”

 

 

Tsatsu, Dame ‘feud’ rages on

By
BERNICE BESSEY
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Godfred Dame, AG and Tsatsu Tsikata

Tsatsu Tsikata and Godfred Yeboah Dame, Attorney-General (A-G) and Minister of Justice, have, once again, locked horns over the trial of James Gyakye Quayson, Member of Parliament (MP) for Assin North in the Central Region.

The two members of the Bar were literally at each other’s throat during yesterday’s sitting at the High Court.

The action between the two arose when Mr. Tsikata threw the first ‘blow’ on the conduct of the A-G in the trial. This was at the time when the counsel was making a submission for a review of the High Court’s ruling of June 16, that the case should be heard on a day-to-day basis.

According to the defence counsel, the A-G had conducted himself unprofessionally in the case with remarks that supposedly predetermined the conclusion of the trial.

In fact, he compared the circumstances leading to his imprisonment in 2008 to that of the embattled James Gyakye Quayson.

He said the A-G and President Akufo-Addo had already predetermined the trial by their alleged remarks on various platforms, including a recent campaign rally held at Assin North for a by-election. This claim was supported by the playing of a one and half minutes of a tape recording of an alleged voice of the President.

Justice Mary Maame Ekue Yanzuh was told that President Akufo-Addo and Mr. Dame had made prejudicial comments to the effect that the MP would suffer the same fate as Abu Daramani Sakande.

Mr. Tsikata raised five grounds in the motion, filed on June 27, 2023, for a review and or variation of certain orders made by the court in its ruling of June 16.

He said the court erred in law when it failed to appreciate its limitations in the exercise of its discretion, and the rights of the accused (Quayson), which are in violation of the 1992 Constitution. He prayed that the rights of the accused, which were overlooked in the ruling, should be protected.

Furthermore, Section 69 of the Criminal Procedure Code neither requires nor justifies a criminal trial being done day to day, and the court, in fact, on the 16th of June, 2023, did not have jurisdiction to hear and determine the oral application made by the A-G without prior notice to the accused and his lawyers.

The last ground for his submission was that per incuriam is a binding decision of the Supreme Court.

He, therefore, urged the court to stay proceedings, since “continuing the hearing would prejudice the issues of the right of fair trial, right to be presumed innocent, as well as the limit on discretionary power that are part of the appeal.

Mr. Dame, in response, expressed his sympathy for the fate suffered by Quayson’s counsel, but could not find the nexus between the instant case and Mr. Tsikata’s circumstances.

He reiterated that Mr. Tsikata’s issue happened some 15 years ago and did not know where the bearing lay in this suit.

The government legal advisor contended that the one and half minutes tape recording was taken out of contest, and the impulse of the rally message would be appreciated if played in full. “It is completely unjust, and an attempt to deliberately distort; to select only 15 seconds of the tape does not amount to any prejudice against the accused.”

Although he objected to the playing of the alleged audio of President Akufo-Addo at the said campaign rally, the court overruled him.

Additionally, the remarks made by him and being referred to by the accused’s lawyers were made in respect to a civil matter, and not the instant case.

The court was told that Mr. Tsikata failed to allude to even a word the A-G made.

The A-G opposed the application for a review of the court’ decision on the grounds of irrelevance and distortion of facts.

According to him, the accused was opposing the hearing of the case between 20th and 23rd June, meanwhile his application was filed on June 27, 2023. “The question the court ought to ask itself is, are we still within the 20th and 21st. To the extent it was filed after 23rd, it was unnecessary.”

He argued that the instant application was grossly incompetent and ought to be dismissed. He further added that if the court could give long adjournments, there was nothing wrong if the same gives short adjournments.

Mr. Tsikata rebutted that in all of the arguments of the A-G no references had been made to the significance of the Articles and his claim that the application only referred to the 20th to 23rd June which was not true.

However, the application clearly referred to the day-to-day trial and the issue of disclosure, as the defence side was clear about Article 19, which talked about fair trial that there was no basis for a day-to-day trial.

The court has adjourned to July 11, 2023, to rule on the review application.

Judge to Counsel: This is not Parliament for you to heckle each other

By
BERNICE BESSEY
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Law Courts Complex, Accra

Per the Bar practice, two lawyers cannot  address the court at the same time, but the Attorney-General Godfred Yeboah Dame and Dr Aziz Bamba, Counsel for Dr Cassiel Ato Forson went against the norm.

Minister Dame and Dr Bamba both rose to their feet to address the Economic and Financial High Court, presided over by Justice Afia Serwaa Asare-Botwe at the same time.

In the heat of the moment, Her Ladyship Asare-Botwe suspected that the two lawyers were being influenced by the members of the gallery, mostly packed by minority Members of Parliament (MPs) who had come to court to throw their support behind their leader, Dr Ato Forson.

Her Ladyship Asare-Botwe, had to remind the Bar members of their present location and that the court was not Parliament House, for them to be heckling each other.

This remark caused the MPs to cheer loudly and for a moment almost turned the quite ambiance of the courtroom into a football stadium.

Her Ladyship Asare-Botwe, who is also a Court of Appeal judge, expected the lawyers to address the court one after the other, but the two went over board to be heard at the same time.

The conduct of the lawyers was because the case was being adjourned for the third time, following Richard Jakpa, third accused (A3), in the trial of the €2.37 million ambulance case, been reported ill and Alex Mould, first defence witness of Dr Ato Forson (A1), saying that he will not be available for three weeks to testify in the matter.

In respect of this, the A-G indicated to the court that adjournments had often been at the instance of A1, but Dr Aziz decided to rebut, despite the court correcting Mr. Dame that there had been two instances that the case was adjourned on the failure of the Prosecution Witness to appear before it.

To avoid a similar scene of the lawyers heckling each other, the court jokingly urged the MPs not to visit the court again, but shouts of ‘No, No’ was heard from some members in the gallery.

The court adjourned sittings to July 13, 2023 for hearing of a motion filed by A1.

Dr Forson, Seth Anemana (A2), a former Chief of Director of Ministry of Health and Richard Jakpa, a businessman and local representative of Big Sea, suppliers of the 200 alleged faulty ambulances are on trial.

The case and others had been referred to as political witchhunt by the opposition National Democratic Congress (NDC).

Sammy Gyamfi, NDC Communication Director, told journalists after court sitting that Mr Dame is only an A-G and does not deserve the title of Minister for justice.

“He doesn’t understand the responsibilities of that title. He is not interested in doing justice. He is not interested in fair trial and he is only interested in abusing his prosecutorial powers in going after political opponents,” he stated

Mr. Gyamfi added that, “very soon we will be holding his feet to the fire of accountability. His conduct as an Attorney-General, particularly in relation to his advice of some matters of judgment debts, have come to our attention and in the coming days we will be addressing you, the media, to sensitise the good people of Ghana on these issues.”

 

Speaker Bagbin Oders: All Against Anti-Gay Bill Rise! …But 275 MPs stay glued to their seats

By
MAXWELL OFORI
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Speaker Of Parliamentary, Alban Sumana Kingsford Bagbin

All 275 Members of Parliament in the 8th Parliament of the 4th Republic are firmly in support of the anti-gay bill currently before it, the Speaker, Alban Sumana Kingsford Bagbin, has said.

He made the announcement on the floor of the House on Wednesday, July 5, 2023 during debate on the report of the Constitutional, Legal and Parliamentary Committee.

The Speaker of Parliament made the announcement after gauging the mood of the House, which showed no resentment to have the controversial bill passed, and with speed.

It was rather not the usual procedure, during second readings of bills and the presentation of the committee’s report, as both sides of the House had on countless occasions been divided on the decision.

However, the Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021, like very few others, witnessed a consensus even at the Committee level and the debate on the floor was a mere formality.

Parliament of Ghana

Speaker Bagbin, who had keenly heard from the Chairman of the Committee, Kwame Anyimadu-Antwi and other members from both sides having the same voice, posed a question for any member with a dissenting view to rise up.

“Honourable members, in view of the submissions so far, I want to give opportunity to those who are against to speak,” a statement that generated amusement in the Chamber.

Speaker Bagbin continued that, “Any honourable member who disagrees with the submissions just made by the Honourable Andy Appiah Kubi that all the 275 [members] are in support of the bill, be on your feet and I will recognise you,” but the entire membership remained glued to their seats.

The Speaker stated further that he would not “gag” the House but just make it clear that “all members are in support of the bill.”

Wednesday’s proceedings of the House saw visitors from both the Christian and Muslim fraternity in the public gallery of the House, who had come to lend their support for the passage of the anti-gay bill.

OBSERVATION

Presenting the report, the chairman of the committee, Kwame Anyimadu-Antwi, told the House that the committee received over 200 memoranda from groups for and against the bill.

He added that preliminary concerns about the imposition of a charge on the consolidated fund, as expressed by the Attorney General and some Ghanaians were factored in.

According to the committee, certain aspects of the bill, including the payment for medical assistance or therapy by an approved service provider, under sub-clause (6) of clause 19, clause 20 and clause 23, impose a charge on the consolidated fund.

“The committee wishes to indicate that the concerns of the Attorney-General have been taken care of in the Committee’s proposed amendments.”

ARGUMENT IN FAVOUR

The Committee observed that the three most dominant religious groups in Ghana, namely Christianity, Islam and Traditional religion, as well as some other individuals, argued strongly in favor of the passage of the bill.

According to the report, those for the bill argued that it is a “bold attempt” to consolidate the constitutional and legislative framework of Ghana.

They argued that though Section 104 of Act 29 criminalises unnatural carnal knowledge, there are some lacunae that the anti-gay bill seeks to address.

The groups for the bill further argued on health grounds, citing a study conducted by the U.S. Centre for Disease Control in 2018.

In the said survey, over 65% of HIV infections among adults and adolescents were attributed to male-to-male sexual contact in the United States.

Also, data from the Ghana AIDS Commission show that in 2017, there were 54,759 men who had sex with men living in Ghana. Out of the total 9,857 – representing 18.1 percent, were found to be living with HIV, adding that although the number represents only an 18% prevalence rate, it is enough for the disease to “grow exponentially.”

According to the Committee’s report, those for the bill disputed the claim that sexual orientation preferences were genetic, explaining that literature did not support such an assertion.

The Committee report stated that the Human Rights Coalition, Ghana AIDS Commission, Commission on Human Rights and Administrative Justice, Key Watch Ghana/Intersex Ghana were just some of the groups and individuals that opposed the bill.

ARGUMENT AGAINST

The Committee informed the House that those against the bill argued that its passage into law would violate the provisions of Article 1, Clauses 1 and 2, of the 1992 Constitution.

They contended, according to the Committee, that the LGBTQ+ activities formed part of what the constitution contemplates under Article 33(5) about the recognition of certain rights and freedoms.

While some referred to international treaties Ghana has signed, other institutions and individuals also cautioned about the potential threat to Ghana’s diplomatic, bilateral and multilateral relations with other countries.

They argued specifically that Ghana’s trade relations with some countries in Europe may be affected.

The Ghana AIDS Commission also indicated the potential negative impacts of the passage of the bill on national health outcomes, particularly efforts at eliminating HIV and AIDS.

The Committee said it embarked on a study visit to selected countries, including France and Hungary, to understudy their experiences with the passage of LGBTQ+-related legislation.

RECOMMENDATION

The Committee noted that the majority of Ghanaians were in favour of the passage of the bill, but there were significant human rights concerns worthy of consideration.

The Committee, in light of the concerns, sought the view of the Attorney-General, which was “duly considered,” and thus recommended to the House to adopt its report “and pass into law” the Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021.

Meanwhile, there are some amendments to be dealt with at the consideration stage, before the third reading and passage.

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