Sight & Sound Of Ghana Premier League Week 1
Police To Seek Interpretation Of Article 117
The Ghana Police Service says it will seek interpretation of Article 117 of the 1992 constitution from the Supreme Court, which some Members of Parliament have been relying on to frustrate the process of arrest when they fall foul of the law.
Article 117 states that: “Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker or a member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceeding of Parliament.” Order 22 of the Standing Orders of Parliament says the same.
The Speaker of Parliament, in response to a letter by the police requesting for the release of Francis Xavier-Sosu, a Legislator, cited the above Article and refused to grant the request.
However, the Acting Director-General, Public Affairs, Ghana Police, ACP Kwesi Ofori says, “Even, what the Honourable Speaker wrote, citing some clauses, the police will go to the apex court to seek interpretation to guide our future security operations.”
The decision of the Service follows the controversy that the invitation extended to the Member of Parliament for Madina constituency, Francis Xavier-Sosu, to assist in the probe has generated.
I’m unable to release MP
In a letter from Parliament to the police, the Speaker said the Madina MP would be engaged in legislative proceedings and as such, he would not be able to release him.
The letter, signed by the Deputy Director of Legal Services of Parliament, Nana Tawiah Okyir said, “I am directed by the Rt. Hon. Speaker to inform you that proceedings of the 3rd Meeting of the 1st Session of the 8th Parliament commenced on Tuesday 26th October, 2021 and having regard to the limitations of Articles 117 and 118 of the 1992 Constitution of the Republic, he is unable to release the Member of Parliament as requested in your letter.”
The Speaker then told the police to go ahead with its probe, having in mind the provisions of articles 117, 118, and 122.
Ambiguous Immunity
It appears several people, including lawyers and academia, have observed some level of ambiguity with the immunity from service of process and arrest as enshrined in the law, Article 117.
Given that their work traverses the precincts of Parliament, there is no clear-cut way of determining when an MP is on their way to do business in the House.
To the ordinary man, some lawmakers, after offending the law, could hide under such immunity by refusing to submit to police authority, thus the need for a determination on the Article.
Police at MP’s church a strategy
The police have not been successful in having the legislator, who is also a lawyer, to honor their invitation.
According to the Director-General, Public Affairs, ACP Kwesi Ofori, it was at this point that the police had to devise a tactical plan to know where he was, in which intelligence was picked up that the MP was at the church.
Speaking to Kwame SefaKayi on Accra-based radio, Peace FM, ACP Ofori insisted that, contrary to criticisms that the police should not have gone to the MP’s church to arrest him, their presence was to send a signal to him.
He insisted that the police could have apprehended the MP if that was the plan, urging the lawmaker that he should honourably submit himself, as he could not run from the law.
“He was at the church. We could have arrested him, looking at the number of police officers around, but it was a tactical option to tell him that we knew where he was at that moment and that he cannot run away from the law. It was a signal sent under tactical option.
“And one thing we would like to say is that his refusal to appear before the police has been well taken note of… As an honourable Member of Parliament, he should honourably submit himself to police authority to question him on the issue, because the public order law enjoins him to do that,” he added.
Bench warrant
The police, in their desire to use all available lawful means to have the MP questioned about a demonstration in his constituency on October 25, 2021 will seek a bench warrant if need be.
“And secondly, what we are saying is that we have several options if he fails to come.
“We can go to court to summon him. If he fails to honour that and the court issues a bench warrant, then we will take him on… where force will be applicable. ”
Why is the MP needed?
Explaining the need for the presence of the MP, ACP Kwesi Ofori said that the legislator was the leader of the demonstration.
The ACP noted that the MP wrote to the police to inform them, in accordance with law, which he was going to lead a demonstration in his constituency.
On the day, according to the police, the protestors impeded the free flow of traffic, burned tyres and a driver drove recklessly, risking the public’s life.
However, the MP snubbed the police when he was approached over the incident because he was the leader.
The police officers then reported the conduct of the MP to the office and a decision was taken to invite him for interrogation.
Parliament has no power over GLC-Dame
The turf war between the Executive and the Legislative arms of government over the limits of each other’s powers seem to be rearing its ugly head, in the issue regarding the denial of admission to some 499 LLB students.
In a three-page letter addressed to the Speaker of Parliament, the Attorney General (AG) and Minister for Justice, Mr Godfred Yeboah Dame, indicated to parliament that its legislative power doesn’t include the control of admission processes of students into the Ghana Law School (GSL).
Mr Dame’s letter comes three days after Parliament had directed the General Legal Council (GLC), the body in charge of legal education in Ghana, to admit all 499 LLB students unfairly denied admission to the GSL in the 2021/2022 academic year.
Parliament also directed the AG, who superintends the GLC and the GSL as well to take immediate steps to implement the House’s directives to ensure fairness and transparency in determining the rules of the game.
The argument put forth by the legislative arm of government was that the 499 students had fifty per cent cumulatively and met the fifty per cent threshold and it is, therefore, unfair to deny them admission on the grounds that they could not score fifty per cent each in both sections A and B of the examination.
They criticised the GLC for what they termed, shifting the goal post, by applying a rule it set after the 2020/2021 Entrance Examination requiring candidates to pass 50% in each of the two Sections, A and B in the examination, a rule that did not exist prior to the examination.
In a response, the AG stated that Parliament cannot control the processes of admission into the Ghana Law School through Parliamentary resolution
Quoting portions of the Legal Professions Act, 1960 (Act 32), Mr Dame argued that the body that has the power to regulate the admission of students to pursue law is the General Legal Council and not the Parliament.
“…I am constrained to advise that Parliament is devoid of a power through the use of Parliamentary resolutions, to control the process of admission into the Ghana School of Law. The mode of exercising legislative power enshrined in Article 106 of the Constitution does not admit of resolutions.
“In accordance with section 13(1)(e) and (f) of the Legal Profession Act, 1960 (Act 32), the power to regulate admission of students to pursue courses of instruction leading to qualification as lawyers and to hold examinations, which may include preliminary, intermediate and final examinations has been vested in the General Legal Council.”
Another argument raised by the AG in the letter, which he copied the Majority Leader and Minister for Parliamentary Affairs, Mr Osei Kyei-Mensah-Bonsu was that section 1(5) of Act 32 also directs the GLC to perform any function given to it by the sector Minister, hence he has the power to direct and advise the GLC on major issues and not parliament.
He indicated that based on the provisions of section 1(5), the President had forwarded petitions he received from the 449 students and the National Association of Law Students to him (AG)and he is currently working to make the necessary intervention to the General Legal Council, on behalf of the 499 students.
On the 50% pass mark, the AG described parliament’s argument as erroneous, because the notice inviting Ghanaians to apply for admission into the GLS did not state any pass mark as a basis for admission.
“The notice in the Daily Graphic of 14th May, 2021 inviting applications from suitably qualified Ghanaians for admission into the Ghana School of Law did not state a pass mark of fifty percent (50%) or any at all as a basis for admission.
“The notice stated that applicants may be granted admission if they have passed the entrance examination conducted by the GLC… It is clear, therefore, that a contention that the ‘originally announced” or “advertised” pass mark was “50%”, is erroneous and insupportable.”
Teshie chief remanded over alleged illegal sale of land
An Accra Circuit Court has remanded a chief from Teshie Traditional Area, Nii Adjei Adjetey Akuffo, alias Nii Mankralo III into police custody, over alleged involvement in the sale of 93,892 acre land, belonging to one Rose Aryee, an estate developer.
The accused was said to have sold the land in question to one Kofi Diame, after the demise of his predecessor, Nii Adjei Otswenmah Nmashie II, who sold the land to the complainant, Rose Aryee.
He pleaded not guilty to the charge of fraudulent transaction of land and the court, presided over by Emmanuel Essandoh, adjourned the case to November 4.
Per the facts presented to the court by prosecuting officer, Inspector Eric Pobee, the complainant, in 1998 purchased the said land located at East Airport, Teshie, near Spintex Road, Accra, from the late Numo Nimashie of Teshie, Nii Adjei Otswenmah Nimashie III and head of Numo Nimashie Family.
Subsequently, after his demise, the prosecutor told the court that the accused person, who succeeded the late Mankralo III and knew the land had already been sold to the complainant, granted the same parcel of land to Mr Diame, an Estate Developer who started developing it.
The court heard that the complainant reported the case to the Criminal Investigation Department in Accra on August 18, 2021.
“During investigation, accused admitted the offence in his cautioned statement that he sold the same parcel of land to Kofi Diame, together with the Chief Priest of Numo Nmashie of Teshie, Wulumo Adjei Kwanku, now deceased, in the year 2017,” Inspector Pobee added.
According to prosecution, the complainant had registered the land at the Lands Commission after purchasing it, adding that in the course of investigation, land documents issued to the complainant by her grantor were showed to the accused person in the presence of the Greater Accra Regional Crime Officer.
He said the land documents were inspected and the signatories of the predecessor of the accused and his own father as well, were shown to him and he testified to the signatories.”
After investigations, the accused was charged with the offence and put before the court,” he said.
By Bernice Bessey & Jennifer Ambolley
MP Duker commissions community center for Tamso Compound
At long last, a one-storey community centre project, first of its kind, has been completed, commissioned and handed over to the chief and people of Tarkwa Tamso Compound at a short ceremony over the weekend.
The project was initiated by the Member of Parliament (MP) for the area, George Mireku Duker, with funds drawn from the Mineral Development Fund (MDF).
The MDF core function is to facilitate social economic development for communities where mining activities are undertaken.
Consequently, with Tamso being a mining center, the community center project was awarded on contract last year to Mega Tech Plus Engineering Solutions.
Commissioning the project, George Mireku Duker, who is also the Deputy Minister of Lands and Natural Resources described the edifice as a beautiful one.
He acknowledged that funds for the project came from the MDF, which was established long before he was even elected as a legislator.
According to him, six unit classroom block with ancillary facilities for the benefit of the people of Esuaso and Domeabra were also constructed using funds from the MDF.
He paid glowing tribute to the Municipal Chief Executive (MCE), Ben Kesse and the local management team who worked tirelessly to ensure the project was completed on time
He said, whilst as a legislator he was lobbying for projects for the constituency, the MCE also makes sure these lobbied projects have been executed.
MP Duker recollected the wild propaganda his opponent did when he initiated the project for the benefit of the people of Tamso Compound, but today his vision has become a reality. He also promised to construct a similar project for the people of Nzema and Tamso.
The MCE, Ben Kesse, on his part thanked the MP for lobbying for the project. He reminded the Legislator that as a Deputy Minister, it was obvious the constituent would expect more from him in terms of developmental project.
Mr. Emmanuel Quaye, Deputy Administrator of MDF, praised the cordial relationship between the MP and MCE, including the local management committee, for ensuring the completion of the project.
He prayed the community would put the center to a good use and serve the purpose for which it was built.
The Contractor, Mr. Barth Aidoo, told the gathering that the standard and quality of the project was not in doubt and they delivered based on the preference of the MP.
Some of the chiefs present at the ceremony were Nana Kwame Yeboah, Tamso chief, Nana Kojo Dakyi, Tamso Compound Odikro, Nana Sebe, Nana Otubia Akyeampong, Nana Yaa Ediku, Nana George Bayor, Safohene Kow Aidoo, Nana Bediako amongst many others.
Mr. Samuel Tika, Deputy Chief Executive Officer (CEO) of Mineral Commission, in charge of Small scale mining, Mr. Emmanuel Quaye, Deputy Administrator MDF and Mr. Nelson Ahedor, Director Small-Scale Mining and Industrial Mineral were also present.
Meanwhile, Mr Mireku Duker has honoured his promise to purchase a 65 inch television set for use at the new community center.
Presenting the 65 inch Samsung branded television set, MP Duker said the donation was as a result of a request made by the Odikro of the community.
Odikro Kojo Dekyi received the television set on behalf of the community and pledged to put it to good use for recreational activity at the center.
The Legislator also presented four sewing machines to four Junior High School graduates. The four are; Josephine Aba Tomfo, Mavis Mensah, Emmanuella Atta Nketiah and Comfort Yankey.
M.anifest announces release date of fifth album ‘Madina to the Universe’
Rapper and songwriter, M.anifest, has disclosed that his much anticipated fifth album ‘Madina to the Universe’ is set to be released this month.
On his Twitter page, the ‘No shortcut to Heaven’ hitmaker announced that the album will be released on November 18, 2021, ahead of his thirty-ninth birthday.
Real name Kwame Ametepe Tsikata, the son of Ghana’s finest legal brains, Tsatsu Tsikata explained that the inspiration behind the album is from the community he grew up in, Madina, a suburb of Accra.
“Madina is my ‘village’; A formative place for me as a child. Beyond memories, it is where my mom and grandma still live, alongside colourful people and places that have shaped the window through which I see the world,” he noted.
He added: “This album is a reflection of life’s journey as well as a statement of ambition. The journey to its release has been fraught with last minute challenges. Fortunately, it was better for it.”
My father asked who Kidi is when we kissed in movie
Aside from feeling uncomfortable with watching her kissing scene with Singer Kidi in the ‘Sugar Project,’ Songstress Cina Soul has further revealed that her dad questioned her about Kidi when he saw the movie.
Speaking on United Showbiz on UTV which was monitored by The Chronicle, Cina Soul says her father asked her “and who is that boy?” upon seeing the passionate kiss with his daughter in the scene.
Kidi who was present on the Show also mentioned that anytime he sees the scene, he is as well shocked that happened during the shoot.
According to Cina Soul, anytime she sees the scene, the thought of her family members, especially parents seeing it too makes her extremely uncomfortable.
She admitted on the show that the kissing was great and felt good.
The duo are speculated to be in a relationship following Kidi’s project.
Nigeria’s palm oil is globally sought after; Merchant
Palm oil merchants in Cross River State have said Nigeria’s palm oil is the most sought-after in the global market, a reason why it is not available in parts of the country.
During an interview with a merchant, Nafiu Saleh Musa at Bogobiri community in Calabar, he said there was a global attraction to Nigeria’s palm oil due to its high grade and richness in nutrients and scent.
The Plateau State born merchant said, “All over the world, it is Nigeria’s palm oil that is finest and sought-after. Nigeria’s quality is the best.
“I have traded in and tasted palm oil from Ghana, Cameroon and Malaysia. They are no match to Nigeria’s.
“We have the sweetest and scented oil with nutrients, much of it from Cross River State, which is why dealers look towards her for supplies. However, palm oil millers should help filter it better. They do not filter it well enough.”
When asked what future he sees in the palm oil business in Nigeria, the merchant said the future of palm oil is big and bright only if the government can help.
”The amount of palm oil in Nigeria can sustain industries and private demands.”
Credit: dailypost.ng
Supreme court fixes January 17 to hear suit on Rivers state ceding oil wells to Imo state
The Supreme Court has fixed January 17, 2022 to hear the application challenging the jurisdiction of the court and the main suit, in the case instituted by the Rivers State Government, seeking to stop the Federal Government from ceding 17 oil wells in the state, to Imo State.
The seven-man panel led by Justice Kudirat Kekere-Ekun, fixed the date after counsels to the Attorney General of the Federation, and Imo State, Remi Olatubora (SAN) and Olushola Oke (SAN), told the court that they had two motions challenging the competence of the suit and the court’s jurisdiction.
According to them, they believe these motions, ought to take precedence over the main suit.
The legal team to the Rivers State Government however told the court their summons for direction by the court in streamlining the various applications, ought to take precedent.
He suggested that the motions by the Imo State Government should be heard with the main suit.
Rivers State had taken the Attorney General of the Federation, Abubakar Malami and the Imo State Government, before the apex court.
The oil-rich state had sought a declaration that the boundary between Rivers and the Imo States, as delineated on Nigeria’s administrative map and other maps bearing similar delineations, are inaccurate and do not represent the legitimate boundaries between both states.
Credit: channelstv.com
Palestinians vow to defend graves in Jerusalem cemetery
A few metres away from the Al-Aqsa Mosque compound’s eastern walls lies the centuries-old Al-Yousufiya Cemetery, also known as the Bab al-Asbat (Lion’s Gate) Cemetery.
Over the past few weeks, videos and images of Palestinians clinging to their family members’ graves as Israeli forces arrest, beat, and attempt to forcibly pull them away have widely circulated on social media.
Israeli occupation authorities in Jerusalem have been moving ahead with plans to build a Jewish “national park” set to open in mid-2022 over parts of the cemetery, which spans more than 14 dunams (1.4 hectares) of land.
Three weeks ago, workers from the Israeli-controlled Jerusalem municipality and the Israel Nature and Parks Authority exposed human remains during excavations, causing outrage and unleashing continuous protests and prayers at the site.
Since then, Palestinians have been increasing their presence at the graveyard, including those going to protect their dead, and confronting Israeli forces, which responded with tear gas, stun grenades, physical beatings, arrests, temporary bans on individuals from visiting the cemetery.
Credit: Aljazeera.com
