Home Blog Page 2434

Yes, Police Can Arrest MPs

By
admin
-
0
Rt. Hon. Alban Bagbin, speaker of Parliament and Dr George Akuffo Dampare - IGP

As the Ghana Police Service plans to seek interpretation of Article 117 of the 1992 constitution,  which deals with the service of criminal process on Members of Parliament, the Speaker of the House, Mr Alban S.K. Bagbin has made it clear that MPs are not above the law.

According to the Speaker, MPs can be investigated and arrested, but constitutional processes for making such arrests must be followed.

“The Rt. Hon. Speaker acknowledges that Members of Parliament are not above the law. The issue is not that a Member of Parliament cannot be investigated or arrested. The issue is the procedure to follow to investigate or arrest a Member of Parliament.

The procedure for causing the arrest of a sitting Member of Parliament or serving a court process must be in accordance with the constitution,” he said, in a statement released yesterday and signed by the Deputy Clerk to Parliament, Mr Eric Owusu Mensah.

The statement was necessitated by an attempted arrest of the MP for Madina, Mr Francis Xavier-Sosu by the police last Sunday.

It would be recalled that the MP led a demonstration on October 25, 2021 over deplorable roads in his constituency.

According to the police, who granted the permission for the demonstration and provided protection on the day, the demonstrators impeded the free flow of traffic, burned tyres and a driver drove recklessly, risking the public’s life.

Based on this, an invitation was extended to the MP to offer some explanation to the behaviour of his constituents, but he snubbed it.

The police officers then reported the conduct of the MP to their superiors and a decision was taken to invite him for interrogation.

But attempts to get him for questioning failed, as the Speaker of Parliament declined their request, citing Article 117 as a basis for the refusal.

The police PRO then went on air to announce that the security agency would go to court to seek an interpretation of Article 117.

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.

Offering explanation to Article 117, the Speaker indicated that the privileges and immunities of Parliament, the Speaker, Members of Parliament and the Clerk exist to guarantee the independence of the House and ensure that the Legislature is able to undertake its constitutional duties, without unnecessary encumbrances and constraints.

The Speaker explained that the provisions were borne out of the experiences of various democracies in the world over.

These privileges and immunities were first introduced in Ghana under the 1969 Constitution for a good reason.

The 1968 Constitutional Commission Report of Justice Edward Akufo-Addo justified the need for parliamentary immunity from arrest and the service of court processes by maintaining that, such immunity ensured that MPs were not distracted by arrest and detention while attending Parliamentary business, the Speaker said.

Mr Bagbin also noted that since 1993, MPs from both sides of the House have been investigated, arraigned before court and faced trials, and the Office of the Speaker has engaged and facilitated the work of the Police Service in those instances.

He, therefore, urged the police to follow due procedure in exercising their constitutional rights over parliament.

Meanwhile, some MPs who spoke to this reporter regarding this issue urged the police to go to court to seek interpretation since it is their constitutional right.

The Ranking Member of Parliament’s Committee on Constitutional, Legal and Parliamentary Affairs and MP for Akatsi South, Bernard Ahiafor, said “Article 125 of the constitution guarantees citizens the right to seek interpretation. They have every right to go to the Supreme Court to seek for interpretation because the constitution permits it.”

But he indicated that during the 7th parliament, a similar incident happened, but the police and parliament were able to work hand in hand to resolve the issue and, therefore, asked why same cannot be done in the Xavier-Sosu incident.

On his part, Mr Ben Abdallah Banda, former Chairman of the Constitutional, Legal and Parliamentary Affairs indicated that “going to court will bring clarity. It will create a trajectory for others to use as a guide to conduct their affairs. It will enable any other persons who would want to take an action against an MP to know what to do.”

He said he trusts the Supreme Court will interpret and give circumstances or scenarios as to when an MP can or cannot be arrested and hence urged the police to go and seek interpretation.

Witness mooted the idea to stage coup; Mac Palm

By
admin
-
0
Dr Mac Palm and one other suspect

The first accused (A1) in a treason trial, Dr Fredrick Yao Mac Palm has accused the Attorney-General’s (AG) star witness, Staff Sergeant Awarf Sule of mooting the idea to stage a coup.
In reference to one of the video evidences before the court that Staff Sergeant Awarf Sule allegedly recorded, Dr Mac Palm told the court that it was the witness who is heard mooting the idea to stage the coup.
According to Dr Mac Palm, who is standing trial with Donyo Kafui, Bright Alan Debrah, Johannes Zikpi, Colonel Samuel Kodzo Gameli, WO II Esther Saan, Corporal Seidu Abubakar, Corporal Ali Solomon, Sylvester Akankpewu and ACP Dr. Benjamin Kwasi Agordzo, the witness is heard inviting the third accused (A3), Bright Alan Debrah, to join the plot.
The first accused, through his lawyer, E.A. Vordoagu, informed the three member panel – Justice Afia Serwaa Asare-Botwe, Justice Hafisata Amaleboba and Justice Stephen Oppong – yesterday that there has not been any instance in all the video and audio evidences before it that he orchestrated a coup plot.
Staff Sergeant Awarf Sule in response stated that he approached Debrah on the instructions of Dr Mac Palm and that, his meeting with A3 was to finalise the sketch of map and present same to A1.
Mr Vordoagu then asked “…you have not provided the evidence of that communication to the court” but the witness answered that it was not true.
In a follow up question, the lawyer inquired: “which of the audios captured what you have just told the court?”
Staff Sergeant Awarf explained that discussion with Dr Mac Palm was held on a techno mobile phone that was given to him by the latter, hence he could not record the conversation.
Counsel then suggested to the witness that he had lied to the court since there was no evidence supporting his claim, but the witness insisted that was not true.
“And at best you embarked upon entrapment of the accused persons or in order words you embarked upon a calculated journey to setup the accused persons or to incriminate the accused persons,” Mr Vordoagu suggested.
The witness responded that, “My Lord that is not true” and added that Dr Mac Palm also gave A3 Techno mobile phone.
The videos were heavily edited
Mr Vordoagu further told the court that the said video and audio evidence before it was heavily edited and that it is not the true reflection of what Staff Sergeant Awarf is painting to the court.He argued that some of the videos are less than three minutes and do not follow the sequence of events.
The lawyer indicated that some of the videos that dated back to 2013 are 1minute 47secs, 2 minutes 51secs and in that order, stressing that some of the folders have been titled, edited and combined.
Mr Vordoagu added there are others that have same event repeating and playing throughout.
In explaining, the witness said the recording device record at short period and save it before starting to record again and that the videos were not edited.
But the lawyer said the witness’ testimony could not be true because there is one video that played for almost 13 minutes.
The lawyer (Q) asked: And that the division in the data was done by your commanding officers who finally handled the data from your recording device?
Witness (A): That is not true.
Q: There is another one titled ‘meeting’, to discuss funds. I am putting it to you that the gadget was capable of recording for longer period as we have seen in most of the videos?
A: That is not true
Q: The three minutes or less was the work of editing?
A. Not true
Q: And this editing was done by your supervisors?
A: That is not true. Whenever I record a meeting and send it to Colonel Amponsah, we all watch together before he downloads it.
Q: And the presentation to this court has labelled it as final video two, edited and combined were done by your supervisors, not so?
A. Yes
Q: And the one that follows immediately you will realise that it is same recording. I’m putting it to you that the gadget, as we are watching, will not have recorded six minute events in two beats?
A: That is not correct
Q: I’m further putting it to you that the two sets of three minutes recording was as a result of editing?
A: No
Q: And that whole evidence brought before this court, which is based on the audio and video recordings were heavily edited and not original work?
A. That’s not true

Who is Inusa Nakpor?
The witness was asked to once again give his name to the court and he said Awarf Kwadwo Sule. He was then quizzed by Mr Vordoagu: “Is that the name you are known throughout your life?” but the witness said he used to be called Inusa Nakpor.
Q. Did you legally effect a change of name before using the Awarf Sule?
A. Yes my Lord.
Q. And which year was that?
A. I cannot recall the year.
Q. Can you give me information on the change of name?
A. My Lord, I will check if I find it.
Q. So again you are not sure you will be able to find an important document as a change of name?
A. I will check
Bechem Technical Institute awards MVTI certificate
The witness, during cross examination told the court that he entered the military using 2nd class diploma, which was awarded to him by the Bechem Technical Institute in 2004.
The lawyer in an attempt to discredit the witness indicated to the court that the Bechem Technical Institute started running technical courses only in 2015 and the qualification is MVTI.
Q. So I’m putting it to you that you did not do wood work and obtained 2nd degree diploma?
A. That is not true
Q. Now the certificate that you are referring to, do you still have it?
A. Yes
Q. When you are given the opportunity by this court can you produce it?
A. Yes, I will go back and check.
Q. Staff Sargeant Awarf Sule, is it the case that you are not sure that when you go you will find it?
A. My Lord, unless I go and check
The case has been adjourned to Monday, November 8 for continuation.

Melcom donates to 10 hospitals in memory of late chairman

By
admin
-
0
Management of Melcom Group of Companies
A group photograph of Melcom Group Management and reps of benefiary hospitals

Ten hospitals, including the Police, Achimota and 37 Military Hospitals have received medical/pharmacy refrigerators from Melcom Care Foundation, a subsidiary of Melcom Group of Companies.

The donation was in commemoration of the birthday of Melcom Group of Companies chairman, Mr. Bhagwan Khubchandan.

Nyaho Medical Center, Greater Accra Regional Hospital, South Suntreso Government Hospital, National Cardiothoracic Center, Tema General Hospital, Inkoom Hospital and Adabraka Poly Clinic also received similar donations.

Mr Godwin Avenorgbo, Communications Director of Melcom Group of Companies, handing over the items to the hospitals in Accra yesterday, said the beneficiaries were drawn from both public and private health sectors.

According to him, this was the second time in a week that the charity arm of the Group had made donations in memory of the late chairman and promised to repeat same gesture in days to come.

“We don’t make promises, but may this statement come to pass that all being well, as part of activities marking his passing, we may make another donation of a well-equipped ambulance to promising medical centre worthy of health delivery,” he said.

Director of Brand Management, Sonya Sadhwani making presentation to a hospital rep

Mr Avenorgbo explained that the donations were in remembrance of how the late Mr. Bhagwan Khuchandani served humanity.

He said the late Group Chairman served humanity by loving children and he made sure he became a philanthropist who cared about the welfare of the needy, the poor and the troubled, hence the establishment of Child Education Policy under the Melcom Care Foundation.

Mr Avenorgbo added that through these initiatives, he invested in several projects across the country to mitigate hardships as well as providing an extended arm of support to meet urgently needed inputs for public sector institutions in the security, medical services and education.

Recalling some beautiful memories of the late Group chairman, he said Mr. Bhagwan Khubchandani approved the purchase of a modern and well equipped ambulance for the 37 Military Hospital, as part of his 75th birthday in 2013.

A hospital representative (r) about to receive their donation

“…One of the key considerations for choosing the 37 Military Hospital was maintenance culture, driver discipline, safety and r recognition of the donor and till date the management of the 37 Military Hospital has met all the objectives as stated, so as a company we are happy to partner the health services in moving to a level of higher efficiency,” he stressed.

Mr. Avenorgbo added that under the late chairman, the Melcom Care Foundation has on many occasions collaborated with the National Blood Service to organise a nationwide blood donation exercise and same would be continued.

Northern group to honour MASLOC CEO

By
admin
-
0
Mrs. Abibata Shanni Mahama Zakariah

The Voiceless Media and Consult is set to honour Hajia Abibata Shanni Mahama Zakariah for her service to the betterment of Ghanaian women in the North and beyond.

Hajia Abibata Shanni Mahama Zakariah, who is currently the Chief Executive Officer of Microfinance and Small Loans Centre (MASLOC), under the Office of the President, is one of the few women from the North to hold such a position and, therefore, serves as an inspiration to other women.

The upcoming award is in recognition of her achievement in both the corporate and political circles.

Mrs. Abibata Shanni Mahama Zakariah holds a Master of Public Policy and Administration degree with emphasis on Economic and Political Development from the School of International and Public Affairs (SIPA) from Columbia University. She also holds a Bachelor of Arts degree in Psychology from the University of Ghana.

Some of her core interest areas are Project Management, Business Development, Strategy, Public Management and Institutional Analysis, Government Budgeting, Operations Management, Economic Empowerment of Women, International Capital Markets, Business Analysis, Monitoring and Evaluation among others.

She has applied these skills through continued work with the public service, private sector and international organisations where she acquired a wide-range of knowledge in the formulation and implementation of projects and policies.

She has extensive work experience from the following organisations: Agricultural Development Bank (Accra, Ghana), The Millennium Cities Initiative – MCI in collaboration with Earth Institute of Columbia University (Accra, Ghana), Consultancy for the Capacity Development Group (UNDP, New York), Merchant Bank Ghana Limited (Accra, Ghana) and Jospong Group of Companies (Accra, Ghana).

She interned with the Institute of Economic Affairs (IEA-Accra, Ghana), The Regional Bureau for Africa in collaboration with the Earth Institute of Columbia University (UNDP, New York) and did her national service with the United Nations High Commissioner for Refugees (UNHCR-Accra, Ghana).

She is a highly motivated individual, a team player, a results-oriented person, dynamic, analytical and highly competent. She is married with four children.

Work hard to sustain new level of cocoa production 

By
admin
-
0
Isaac Yaw Opoku

Former Executive Director of the Cocoa Research Institute (CRIG) and Member of Parliament (MP) for Offinso South, Mr Isaac Yaw Opoku, has urged stakeholders in the Cocoa industry, especially the Ghana Cocoa Board (COCOBOD) and cocoa farmers to work hard to sustain the new level of cocoa production in the country.

“We encourage all stakeholders to continue to work hard to sustain the new level of productivity,” he said.

Mr Opoku made the call while making a statement in parliament to congratulate COCOBOD for the unprecedented achievement in cocoa production in the 2020/2021 crop season.

It would be recalled that COCOBOD purchased 1,045,500 metric tonnes (mt) of cocoa beans in the 2020/2021 season, exceeding its target and beating the previous record of 1,024,526mt in the 2010/2011 season.

The former CRIG Executive Director, whilst making his statement noted that the remarkable achievement couldn’t have been made without the pragmatic programs and initiatives put together by COCOBOD.

He, therefore, took time to highlight some of the initiatives and urged the stakeholders, especially COCOBOD, to improve on it to ensure that the country produce more cocoa in the coming years.

The first program the Offinso South Legislator made mention of was the Cocoa Swollen Shoot Virus Disease (CSSVD).

He noted that the program, which is ongoing in all the seven cocoa growing regions in the country, contributed immensely towards the growth of the sector.

Another program which the MP spoke about was the Mass Pruning programme introduced in the 2017/2018 through to the 2020/2021 crop season.

He said the program boosted flower production and naturally controlled fungal diseases, particularly the severe form of the black pod disease, mistletoes and other important pests.

“Climate change and its associated menace to agriculture keep threatening efforts at increasing cocoa productivity in Ghana. Consequently, COCOBOD introduced the pilot irrigation programme in 2017 to address the soil moisture stress in cocoa farms by providing  continuous supply of moisture to cocoa trees to ensure high productivity all year round”, the MP noted.

The Former CRIG Executive Director also indicated that the implementation of the Living Income Differential (LID) by Ghana COCOBOD in the 2020/2021 crop season and the introduction of the electronic scales at all buying centres were also a huge boost to cocoa production.

While the LID initiative resulted in an unparalleled rise in cocoa producer price from GHS515 per bag of 64 kilograms to GH660, representing a whopping 28% increase.

The introduction of electronic scales at all buying centers across the country gave farmers the assurance that the long standing scale manipulation menace usually perpetrated by purchasing clerks was a thing of the past and guaranteed farmers value for money.

He, therefore, encouraged all stakeholders to play their part to sustain the achievement. That aside, the MP also charged COCOBOD to put in the necessary measures to address the delays in payment of cocoa purchases, which characterised the 2020/2021 crop season.

The lecture that is shaping the next President

By
admin
-
0
Dr. Mahamudu Bawumia

I attended the lecture on digitisation of this society in the serene ambiance of Ashesi University, at Berekusu, the first Akwapim town at the foothills of the Akwapim Ridge on Tuesday, and encountered the next President of the Republic of Ghana.

Yes, you read me right! On Tuesday, just as the sun began its meandering journey to settle in the West, the man who will succeed Nana Addo Dankwa Akufo-Addo rose to the podium to engage a sizeable audience of politicians, economic gurus, traditional rulers, university dons and students, as well as ordinary men and women of society, like my humble self, drawn from all spheres of  life.

It was definitely not the first time that Vice-President Dr. Mahamadu Bawumia had risen on his feet to engage Ghanaians on the state of the national economy. The difference here is that he was addressing his audience generally and the entire Ghanaian society, five years after leading a transformation of this country from the front, though digitisation and digitalisation.

As Vice-President of the Republic of Ghana and Acting President at the time of his delivery,              Dr Bawumia is head of the Government’s Economic Team, charged with lifting the nation from the doldrums, by transforming the moribund economy.

Unlike Yaanom and their cry-baby leader, whose idea of transforming the society was by branding state buses with the colour pictures of his own, in the midst of dull black and white photos of his predecessors, Dr Bawumia and his team identified the need to digitise the economy and society generally, as a major step towards transforming this society.

On Tuesday evening, Dr. Bawumia took the podium to tell the good people of Ghana, how the digitisation policy, which the Government has been working on, has put Ghana ahead of the rest of Africa and now ready to lift the society to compete with the best in the world, in all aspects of life.

Unlike the smooth programme on offer at Ashesi, the road to Brekusu meanders through a narrow and treacherous path. So bad it is that my good friend, Osbert Lartey, a true son of Berekusu, warned me ahead of the journey, not to use the Kwabenya end, which certainly is the shortest route to town.

That left me with my route way up the Akwapim Ridge to Peduase and turning on the rough road at Kitase. Surely, Minister of Road, Kwasi Amoako Atta, has a duty to the good people of Akwapim, to bring the road up to the standard expected of the area.

It is not by accident that the road featured prominently at question time. It was re-assuring that the Vice-President decided to consult the Road minister on it and promised to monitor its progress.

Besides the road, there was the small matter of maverick Albert Adongo, Member of Parliament for Bolgatanga Central, alluding to the serious nature of huge foreign loans weighing down on the good people of Ghana, not captured in the debate.

Besides these minor distractions, the lecture was a huge success. It got off to a flying start with Minister of Information, Kojo Oppong Nkrumah, mounting the podium to announce the arrival on stage of Vice-President Dr. Bawumia and his host Dr. Patrick Awuah, founder and President of Ashesi University.

On his arrival on the stage, Dr. Awuah introduced the Vice-President as the main guest of honour and prayed the audience to be ready to be wooed by one of the best Economists and innovative minds in the whole of Africa.

Dr. Bawumia returned the compliment by referring to Dr Awuah as a gem, who has transformed the undulating lands at Berekusu into an intellectual paradise, where young men and women from all parts of Africa congregate on Ghanaian soil, to drink deep from the fountain of knowledge.

The Acting President of the Republic then turned to his prepared speech and announced series of mind-blowing proposals to digitise the economy and society generally and to transform this society way beyond the peasant nature it has been, since the arrival Dan Diego de Azambuja and his Portuguese explorers in the 15th century.

He told his audience that the Ghana Card is about to become the main identification document before the conduct of business and all other transactions in the country. He added that sooner or later, it would be impossible to undertake any transaction in this country, without the Ghana Card.

He told his appreciative audience that plans were far advanced to make the card an electronic passport (E-Passport) and that, so far, 197 countries have agreed to recognise it.

“This means that the Ghana Card will be recognised as e-passport and can be read and verified in all ICAO compliance borders in 197 countries and 44,000 airports in the world.”

In a society bugged down by bureaucracy and inefficiency at major registration centres, like Birth and Death Registry, the Lands Department and many institutions for record keeping, it is a joy to hear from the Vice-President that the Ghana card would abolish bureaucracy and make for inter connectivity.

The Vice-President told his audience that with effect from next year, every new born baby will receive the Ghana card a few months after birth and that would be his identification document throughout his or her life.

Dr. Bawumia sang the praises of the Drone Medical Supply system, pioneered at Omenako, near Suhum, in the Eastern Region, for helping to save lives in the rural areas, especially. He announced that four new centres would be opened to operate the drone system to cover the enter nation.

The Vice-President said he is emotionally attached to the Drone System because he believes if the system had been in place by 1992, his father, Alhaji Mumuni Bawumia, would not have died at the Tamale Teaching Hospital for lack of blood.

In a wide-ranging review of the positive impact the Ghana Card was bringing to society, Dr. Bawumia announced the impending launch of e-Pharma, under which all pharmacies in the country would be digitised and inter-connected.

“Patients or people generally, face difficulties when trying to find medicines in pharmacies. They have no way in knowing which pharmacies have the medicines. They could go to five pharmacies before getting lucky. Sometimes, patients are directed to go to specific pharmacies,” where according to the Vice-President, they lose out on bargains.

The idea of the E-Pharmacy is to make it easier for the patient to know where to go for his or her needs to be addressed.

The Vice-President assured the nation that having captured a large data base through digitization, this nation is now ready to challenge the world for development and progress.

Digitization, I dare state, is moving this country forward. The other day, I was sitting bored and decided to google Ekumfi Ekrawfo, my holy village, on the phone. I was pleasantly surprised to read that my holy village is located 5 degrees 20’ North and zero degrees 55’ West, accompanied by the google map.

This country is moving forward. It is undergoing a major transformation. That is why we should be careful and not to fall into the trap of those who are still sleep walking by their defeat of 2020.

Yaanom had their day in court. We all watched in horror when men sat sheepishly in the witness box and rattled into the thin air without a single pink sheet in support of their wild allegations.

Their two star witnesses Dr. Peasah-Whyte and my good friend Rojo Mettle-Nunoo told the world that they were drinking tea at the office of the Chairperson of the Electoral Commission, at the time they were supposed to observe the final collation of figures in the Strong Room.

Nearly, one year after the results were declared and six months after the 7-0 verdict of the seven judges of the Supreme Court, they are suddenly dreaming of a one million stuffed ballot.

By their deeds, they shall be known. This nation is moving forward. I don’t think any serious Ghanaian has time for these yesterday men and women. Just as the imagination of a stuffed ballot box, they might be dreaming of stuffed pockets as well.

Remember the colour picture of Mr. John Dramani Mahama on Metro Transit busses? That was Yaanom’s concept of transforming the nation. The Berekusu lecture has pointed the way to true transformation. That is why in the humble opinion of Ebo Quansah, those leading the digitization process have a better view of how to transform this society than the hungry jackals waiting for the carcasses of the good people of Ghana.

Bawumia for President!  I bet is at a formidable partnership if Allan agrees to link up with the Economic guru. It is for the party to work out the details.

As for the political party Jerry John Rawlings brought into being by signing its constitution  with his blood, the soul is interred in the grave of the founder.

I shall return!

Ebo Quansah at Brekusu

Who says Parliament has no power to ‘direct’ AG/GLC to do the ‘right thing’?

By
admin
-
0
Opinion

Following the direction given by Parliament to the Attorney General (AG) to ensure that the General Legal Council (GLC) complies with its direction to admit all the 499 candidates who passed the Ghana School of Law entrance exams but were unjustly denied admissions to the School, some persons including a few lawyers, have argued, rather strangely, that, Parliament has no such power. I am unable to agree with them, and these are my reasons:

First of all, the point must be made that it was Parliament that created the General Legal Council, through the passage of the Legal Professions Act, 1960 (Act 32), and clothed the body with the mandate to oversee the organization of legal education and the upholding of standards of professional conduct.

Again, it was Parliament that decided on the composition of the GLC, to, among others, include the Attorney General. For some tenable reasons, Parliament deliberately provided in section 1(5) of the Act, that the GLC is subject to the direction of the Attorney General in the performance of its function.

By the nature of our constitutional architecture, the primary function of Parliament, apart from law-making, is the exercise of Oversight of the Executive. The Attorney-General, per Article 88 of the Constitution, is a member of the Executive. And so, the AG, just like every Minister of State, is accountable to Parliament, and can be censured by Parliament in line with Article 82 of the 1992 Constitution if he disobeys the orders of the house.

Equally, failure to obey the orders or directions given by Parliament amounts to contempt of the august house per Article 122 of the Constitution and no individual or institution is immune from this.

Juxtaposing the foregoing with the constitutional principle of IMPLIED POWERS enshrined in Article 297 of the 1992 Constitution, one will be left with no option but come to the conclusion that Parliament can exercise appropriate jurisdiction over the GLC especially where the GLC is failing to discharge its function in accordance with the law establishing it.

Article 297, in effect, provides that the constitutional power given to a body to DO something, comes with it the inherent constitutional power to UNDO that which it had done pursuant to that power, as well as the ‘incidental power’ to enforce the necessary compliance of what the law says it has powers to do, except as otherwise explicitly provided in the law/constitution.

There is no provision in the Constitution that bars Parliament from taking appropriate steps to ensure that the powers given to it under the Constitution to set up an administrative body like the GLC to perform a specific function, is enforced to the latter, particularly if, in the wisdom of Parliament, the institution (GLC) is failing to discharge its function in accordance with law.

As noted, Parliament created the GLC and clothes it with the function of overseeing legal education, which includes making legal education accessible to all Ghanaians, and not otherwise. However, the GLC has in recent times significantly deviated from its core function and has proven to be the biggest stumbling block to people’s quest to become lawyers.

The GLC, as an administrative body, has thrown to the dogs every constitutional principle of administrative justice, fairness, transparency and the proper exercise of discretionary powers, espoused in Articles 23 and 296 of the Constitution, and which are inherent in a democratic society. They flout even their own advertised rules of engagement with impunity.

If Parliament, the body the established the GLC, determined its composition and functions, oversees its operations through the AG, approves its budget etc CANNOT intervene even if in the wisdom of Parliament, the GLC is completely going off-track, then who else can intervene? If today, Parliament can, in the exercise of its legislative powers, simply repeal or amend Act 32 to collapse the GLC or change its composition and function, then why can’t Parliament ask the GLC to comply with one direction or another in the interest of justice.

In any case, Parliament is, technically speaking, not giving any direction to the GLC. Parliament is not interfering in the work of the GLC. Parliament is only asking the GLC to respect its own rules of engagement by complying with its [GLC] own published guidelines on admissions criteria into the Ghana School of Law. Parliament is asking the GLC not to unfairly and unjustly deny admissions to the 499 candidates who passed the 2021 entrance exams, through a retrospective application of new rules, which the GLC came up with after the exams.

The point must be made that owing to the overwhelming public interest in the matter of the 499 candidates who have become victims of gross administrative injustice from the GLC, their plight received a UNANIMOUS RESOLUTION of Parliament, the Peoples’ Representatives. This meant that all our MPs hold the view that the GLC was being unreasonable, exacting injustice to the innocent students, and therefore ought to be called to order.

A unanimous resolution passed by Parliament, for all intent and purposes, qualifies as the sovereign will and wishes of the good people of Ghana. And per the Preamble of the 1992 Constitution, the sovereignty of Ghana resides ONLY in the People of Ghana, not in the Judiciary, let alone in an ordinary administrative body like the GLC, which was created by Parliament to oversee the organization of legal education.

It is also worth submitting that Parliament did not create the GLC as part of the Judiciary, though it is headed by the Chief Justice. The GLC does not perform judicial function but merely administrative function. When the CJ sits at the GLC, he performs administrative function, not judicial function. That is why decisions taken by the GLC can be reviewed and quashed by a High Court judge notwithstanding the fact that the CJ and 3 most senior Judges of the Supreme Court are members of the GLC.

That is also why the Attorney General can give direction to the GLC in the performance of its functions, as provided for under Section 1(5) of the Legal Professions Act, 1960 (Act 32). I refuse to accept that Parliament is a rubber stamp institution. I equally refuse to accept that Parliament has no authority to give direction and enforce same. It cannot be said that Parliament works in vain, as that will make nonsense of our parliamentary democracy.

In fact, I strongly recommend that beyond resolving the issue of the 499, Parliament should take immediate steps to amend Act 32 (through say, a Private Members Bill) to take away the legal education component of the GLC functions and give it to a newly constituted body, to be called, the Council for Legal Education, which should be made up of academics and lawyers but certainly not Supreme Court justices. The GLC can however still be maintained but only to concern itself with upholding standards of professional conduct, and not to have anything to do with legal education. This cannot be said enough.

Assalamualaikum

Alhaji IddiMuhayu-Deen

Credit: myjoyonline.com

 

Saraki’s presidential campaign posters flood Abuja

By
admin
-
0
Saraki’s presidential campaign posters

The presidential campaign poster of former Senate President Bukola Saraki has emerged.

DAILY POST sighted Saraki’s presidential campaign posters at Berger roundabout in Abuja on Tuesday.

The poster was tagged: “Dr Abubakar Bukola Saraki for president 2023, Saraki is coming 2023- Door to Door.”

Carrying the logo of the Peoples Democratic Party, PDP, the poster was sponsored by Umar Farin Gado Kazaure, the Director General of Saraki is coming 2023.

The posters emerged a few days after the PDP concluded their national convention in Abuja.

Iyorchia Ayu was elected as the National Chairman of the PDP.

Credit: dailypost.ng

Nigeria becomes first African nation to roll out digital currency

By
admin
-
0

The Central Bank of Nigeria joined a growing list of emerging markets betting on digital money to cut transaction costs and boost participation in the formal financial system.

“Nigeria has become the first country in Africa, and one of the first in the world to introduce a digital currency to her citizens,” President Muhammadu Buhari said in televised speech at the launch in Abuja, the capital. “The adoption of the central bank digital currency and its underlying technology, called blockchain, can increase Nigeria’s gross domestic product by $29 billion over the next 10 years.”

The International Monetary Fund projects GDP for Africa’s largest economy to be $480 billion in 2021.

The issuance of the digital currency, called the eNaira, comes after the central bank earlier in February outlawed banks and financial institutions from transacting or operating in cryptocurrencies as they posed a threat to the financial system.

Since the launch of the eNaira platform, it’s received more than 2.5 million daily visits, with 33 banks integrated on the platform, 500 million c ($1.2 million) successfully minted and more than 2,000 customers onboarded, central bank Governor Godwin Emefiele said at the launch.

Central bank digital currencies, or CBDCs, are national currency — unlike their crypto counterparts, such as Bitcoin and Ethereum, which are prized, in part, because they are not tied to fiat currency. The eNaira will complement the physical naira, which has weakened 5.6% this year despite the central bank’s efforts to stabilize the currency.

“The eNaira and the physical naira will have the same value and will always exchange at one naira to one eNaira,” Emefiele said.

The digital currency is expected to boost cross-border trade and financial inclusion, make transactions more efficient as well as improve monetary policy, according to the central bank.

The Central Bank of Nigeria in August selected Bitt Inc. as a technical partner to help create the currency that was initially due to be introduced on Oct. 1.

Nigeria joins the Bahamas and the Eastern Caribbean Central Bank in being among the first jurisdictions in the world to roll out national digital currencies. China launched a pilot version of its “digital renminbi” earlier this year. In Africa, nations from Ghana to South Africa are testing digital forms of their legal tender to allow for faster and cheaper money transactions, without losing control over their monetary systems.

Credit: Aljazeera.com

Nigeria needs $1.5trn in 10 yrs to bridge infrastructure gap; Buhari

By
admin
-
0

President Muhammadu Buhari on Tuesday said 1.5 trillion dollars is the cumulative estimated amount needed by Nigeria over a ten-year period, to achieve an appreciable level of the National Infrastructure Stock.

President Buhari gave the figure in Glasgow at a COP 26 high-level side event on improving global infrastructure hosted by President Joe Biden of the United States, EU Commission President, Von Der Leyen and the UK Prime Minister, Boris Johnson, according to a statement signed by presidential spokesperson Garba Shehu.

‘‘Nigeria is ready for your investments in infrastructural development in the country.

‘‘My administration has established a clear legal and regulatory framework for private financing of infrastructure to establish a standard process, especially on the monitoring and evaluation process.

‘‘We look forward to working with you in this regard,’’ he told world leaders at the high level meeting on the margins of the climate change conference.

President Buhari also declared that his administration had taken infrastructure expansion in Nigeria seriously, conscious of the fact that new investments in critical sectors of the economy would aid lifting 100 million Nigerians from poverty by 2030.

‘‘There is a nexus between infrastructural development and the overall economic development of a nation.

‘‘My administration identified this early enough as a major enabler of sustainable economic development and the realization of other continental and global development aspirations particularly the 2030 Agenda for Sustainable Development Goals.

‘‘On my assumption of office in 2015, Nigeria faced a huge infrastructure deficit and the total National Infrastructure Stock was estimated at 35% of our Gross Domestic Product.

‘‘In solving these problems, we embarked on a massive infrastructure expansion programme in the areas of Health care, Education, Transportation, Manufacturing, Energy, Housing, Agriculture, and Water Resources.

‘‘We provided more financial resources for these policies, charted new international partnerships and pursued liberalization policies to allow private sector participation.

Credit: channelstv.com

1...2,4332,4342,435...2,439Page 2,434 of 2,439

EDITOR PICKS

POPULAR POSTS

POPULAR CATEGORY

©
The Ghanaian Chronicle