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There can be no fair hearing if a party is not given hearing at all –High Court

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OhyeaworaNwion Bian Panyin V, chief of Dompim Pepesa.

A Sekondi High Court, presided over by Justice Dr. Richmond Osei Hwere, has quashed the ruling of a Tarkwa based Circuit Court, which refused to hear a motion on notice, filed to set aside a writ of possession and the entire execution of the enforcement of an award in favor of one Nana Awuah Koanpong VII, an interested party.

On August 27, 2020 the applicants in the certiorari application filed a motion on notice to set aside a writ of possession and the entire execution of the enforcement of an award in favor of one Nana Awuah Koanpong VII, an interested party in the suit, but the Circuit Court declined to give them hearing.
The Circuit court had argued that, there is a contempt application regarding the same issue, pending before another Sekondi High Court and that, it cannot hear the applicants.

This was after Counsel for the interested party had drawn the Circuit Court Judge’s attention to the contempt application.
But the applicants – OhyeaworaBiahNyowahPanyin IV, Chief of DompimPepessa, Nana Sebel, Alexander Asare, Daniel Hollo, Hans Kwofie, Lydia Mensah and Auguatine Hallow- who were dissatisfied with the ruling of the circuit court filed a motion in the form of certiorari at the Sekondi High Court, praying it to quash the ruling of the lower court.

In an affidavit accompanying the motion, applicants averred that the interested Party and his counsel were served with their motion as filed at the Court Registry, but they refused to file any affidavit in opposition.
Again, the interested party and his lawyer were present at the Circuit Court on September 9, 2020 when the Court refused them (applicants) the right to have their motion heard. The applicants averred that the Circuit Court, Tarkwa, declining to hear their motion and same refusing applicants the right to have their motion heard violated their right to a fair hearing.

The applicants further contended that the Circuit Court Judge acted unlawfully when he declined to hear their motion on notice to set aside a writ of possession and the entire execution of the enforcement of an arbitration award.

That apart, the circuit Court breached the time tested rule of law of natural justice and access to justice when it refused counsel for the applicants the right to move the aforesaid application.
Sekondi High court verdict
Justice Dr. Richmond Osei Hwere, in his judgement that quashed the ruling of the Circuit court said the  rule of natural justice encompasses two things- the rule to hear the other side and rule against bias.
He said  no matter how frivolous a claim is, a court existed to hear a party’s grievance.
For this reason, it was for a court to uphold, strike out or dismiss a claim after hearing a party and his adversary or after giving them opportunity to be heard.
Justice Dr. Osei Hwere pointed out in his ruling that attempt by Interested Party Counsel to rationalize the decision of the Circuit Court was with utmost respect not borne out of the record and the rule of law.

“If the court was minded to adjourn the matter due to the pending of the contempt application, it should have said so. Declining to hear a matter is not the same as adjourning a matter. The former simply means refusal to give a party audience in court to ventilate his complaints,” the court said.
In his considered view, the position taken by the Circuit Court constituted a denial of access to justice and a fundamental breach of the rules of natural justice.For this reason, he pointed out that “there can be no fair hearing if a party is not given hearing at all. I am of the considered opinion that the applicant has established a case for the grant of certiorari to quash the said decision of the Circuit court, Tarkwa dated 9th September, 2020. The decision is accordingly quashed,” the high court judge said.

President Akufo-Addo Attends COP 26 Summit In Glasgow

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President Akufo-Addo

The President of the Republic, Nana Addo Dankwa Akufo-Addo, left Ghana on Sunday, 31st October, 2021 to lead Ghana’s delegation to the World Leaders’ Summit of the United Nations (UN) Climate Change Conference (COP 26), being held from 31st October to 3rd November, 2021 in Glasgow, Scotland.

The COP26 Summit, which will be one of the largest gatherings of world leaders, will bring parties together to accelerate action towards the goals of the Paris Agreement and the UN Framework Convention on Climate Change.

The President will deliver a statement on Ghana’s position on Climate Change, as well as measures put in place to combat the threat it poses.

He will also deliver three (3) separate statements on efforts Ghana is making to protects her forests and ocean, and participate in the Africa Adaptation Acceleration Summit, being held on the sidelines of COP 26.

Whilst in Glasgow, President Akufo-Addo will hold bilateral meetings with H.E. Uhuru Kenyatta, President of the Republic of Kenya; H.E. Mr. Jonas GahrStøre, Prime Minister of the Kingdom of Norway; Hon. Robert Abela, Prime Minister of the Republic of Malta; Rt. Hon. Elizabeth Truss, MP, British Secretary of State for Foreign, Commonwealth and Development Affairs and Mr. Raphael Mariano Grossi, Director-General of the International Atomic Energy Agency (IAEA).

The President was accompanied by the Minister for Foreign Affairs, Hon. Shirley Ayorkor Botchwey; the Minister for Energy, Hon. Matthew Opoku Prempeh, MP; the Minister for Environment, Science, Technology and Innovation, Hon. Dr. Kwaku Afriyie, MP; the Minister for Lands and Natural Resources, Hon. Samuel A. Jinapor, MP and officials of the Presidency and Foreign Ministry.

The President will return to Ghana on Thursday, 4th November, 2021 and in his absence the Vice President, Alhaji Dr Mahamudu Bawumia, shall, in accordance with Article 60(8) of the Constitution act in his stead.

Start taxing churches – KwawKese to government

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Kwaw Kese

Leader of the ‘Abodam’ Movement, KwawKese is calling on the government to start taxing churches in Ghana as a matter of urgency.

The ‘My thing’ hitmaker is of the view that Ghanaian pastors make a lot of money from the congregants and as such, taxing them will cushion the country with additional income to help develop the country.
He further called on the government to investigate the lavish lifestyles of some of the Pastors amidst tasking government to tax churches for national development.
In his own words; “I know what I’ve said some Pastors will come and make doom prophecies against me but it doesn’t make sense that in Ghana, people are hungry but the pastor has built mansions and has a lot of cars to their credit. Meanwhile, people are hungry,” he said in an interview with Kingdom Plus FM which was monitored by The Chronicle.
“When you are in traffic you will get sad. Kids as young as 2 years are in traffic begging. When have you heard a Church say that it will provide shelter for all these homeless individuals?” he quizzed.

LGBTQ+ And Its Impact on Health and Wealth

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There is one aspect of LGBTQ+ which canhave great impact on the health and wealth of this nation and in my opinion, we need to carefully examine this.

Members of the LGBTQ+ community have unique and complex health needs that heterosexuals do not face.

In addition to risks that affect all men and women regardless of gender identity or sexual orientation, such as heart disease and cancer, the LGBTQ+ community may face certain higher physical and mental health risks. Health risks that are unique for LGBTQ+ people include greater risk of acquiring HIV and other sexually transmitted diseases; higher rates of substance abuse and smoking; higher risk of mental health issues such as depression and anxiety; greater risk of suicide attempts and higher risk of certain cancers.

Lesbians are at higher risk of depression and anxiety. Certain sexually transmitted infections, such as human papillomavirus (HPV), bacterial vaginosis and trichomoniasis can spread easily between lesbians. Oral sex and sexual behaviour involving digital-vaginal or digital-anal contact, particularly with shared penetrative sex toys, can spread infections as well. Female sexual contact is also a possible means of contracting HIV, the virus that causes AIDS.

Lesbians report higher rates of tobacco use, alcohol and drug dependence. The most prevalent problems lesbian women encountered include menstrual, sexually transmitted diseases, reproductive, bladder or kidney, and breast problems.

Stress and discrimination make gay and bisexual men more likely to abuse tobacco and alcohol than the general population. Among other dangerous health effects, tobacco use puts men at much higher risk for several cancers, and excessive alcohol use contributes to permanent liver damage and risky sexual behaviours.

Among gay men, certain drugs, especially crystal meth, also known as “Tina” — have become widely used. In addition to being highly addictive, crystal meth greatly increases the risk of unsafe sex and HIV transmission.

Gay and bisexual men have higher rates of eating disorders and body dysmorphic disorder (BDD) which is a mental health condition where a person spends a lot of time worrying about flaws in their appearance. 

Men who have sex with men are at greater risk for certain sexually transmitted infections (STI’s). HIV, Syphilis, Gonorrhoea, Hepatitis A & B, meningitis and HPV which is a group of viruses that can cause genital warts and certain cancers.

In addition to the above, transgenders are more likely than the general population to drink alcohol and smoke. The use of unmonitored silicone injections is also a health concern for trans people who may be unable to access professional cosmetic surgery. These illegal injections often contain toxic ingredients and can lead to severe disfigurement and even death.

The health bill on treating or managing these diseases and conditions can be very high and a developing nation like Ghana cannot afford adding this expenditure to the costs of running the economy. We can free ourselves of very heavy cost and unnecessary health care, if we do away with LGBTQ+ in the country and in Africa.

Transgender is one area of grave consent. Being transgender comes at a great cost, emotional and financial. A form of emotional distress called gender dysphoria which results in struggling to identify as a different gender than the one designated at birth. Suicide attempt rate ranks 40% in transgenders and some of the transgenders come back for the process to be reversed.

For many transgender people, the costs aren’t just emotional,mostly they are financial. The cost of medical treatments can add up to more than $100,000 to as high as $250,000 for the changing of the body through hormones and surgeries. Surgeons construct a penis (phalloplasty) or vagina (vaginoplasty), augment or remove the breasts, and feminize or masculinize the face with plastic surgery.

The procedures are long, complicated, and often painful. Vaginoplasty, for example, is a six-hour surgery with a recovery time of up to a year and a half, while phalloplasty has a similar recovery time and can take as long as 12 hours in the operating room.

The Philadelphia Center for Transgender Surgery estimates that  some of the cost of surgery which include “bottom surgery” will cost about $25,600 for male-to-female patients and about $24,900 for female-to-male. The Center provides estimates for other common trans-related surgeries, such as breast augmentation ($9,000), bilateral mastectomy (up to $10,900), facial feminization (up to $70,100), and facial masculinization (up to $53,700). This is about one of the centers that charge the least for transgenders surgeries. And this does not include post-surgery therapies like hormone therapy at $200.00 a month and psychotherapy at $200.00 a section.

In the USA, 1.4 million or 0.43% of the population identify as transgender. Assuming just 0.4% of Ghanaians become transgenders, that will work out to be at least 124,000 persons and assuming cost of transgender surgeries here is a mere $100,000 per person, then the total cost of all the transgender surgeries will be $12.4 billion. Yes, $12.4 billion flush down the drain. Let the nations which have so much wealth that they can afford to throw some away, go ahead and defy God. However, Ghana and Africa cannot accept this on religious, spiritual, social, moral, health and financial grounds. There are so many things we can do with that amount to turn our country around.

Lack Of Electricity Killing Nigerian Industries; Adesina

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President of ADB, Akinwumi Adesina

President of the African Development Bank Group, Akinwumi Adesina, on Tuesday lamented that a paucity of energy was negatively affecting the growth of Nigerian industries.

Adesina made the comment while speaking at a meeting organised by the Manufacturers Association of Nigeria (MAN) in Abuja.

“Today, no business can survive in Nigeria without generators,” Adesina said. “Consequently, the abnormal has become normal.

“Unless Nigeria decisively tackles its energy deficiency and reliability, its industries will always remain uncompetitive.”

Also speaking at the meeting was the Director-General of the World Trade Organisation, Dr Ngozi Okonjo-Iweala.

Dr Okonjo-Iweala noted that trade was a key part in the global economy recovery and called for more support for micro, small and medium enterprises.

“Poor countries need access to bigger markets to grow rapidly,” she said. “With trade projected to grow at 10.8 percent this year, more than twice as fast as GDP, external demand will far outpace domestic demand for many countries, especially those on the wrong end of the k-shaped recovery.

“For Manufacturers, trade is also important because they need better access to imports as well as competitive logistics and other services critical to international competitiveness.

“Digital is very important here, especially for young Africans and the businesses they create; many businesses have been able to weather the pandemic because they were able to access the Internet and sell online.

“We should work harder, first to understand the barriers facing micro, medium and small enterprises in global trade and then to lower these barriers.

“At the WTO, different groups of members are seeking to do just that. One group is working on an e-commerce agreement. Another is working on empowering MSMEs to trade; and a third is working on lowering barriers facing women in global economic trade.”

Credit: channelstv.com

Navy combs Lagos to retrieve stolen rifle

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Nigerian Navy

Residents of Igbogbo Bayeku community in the Ikorodu area of Lagos State on Saturday complained of heavy presence of naval officials in the community.

Some of the residents who spoke to Sunday PUNCH alleged that the naval team stormed the area in operational vehicles and cordoned off the community thereby preventing vehicular movements.

A resident who spoke on condition of anonymity said the situation caused untold hardship, adding that the jetty at both Bayeku and Ebute was sealed off preventing passengers from boarding the boats to either Lagos island/Idumota or Victoria Island.

The resident said, “The situation is worrisome. Shops in the area couldn’t open for sales.”

Another resident identified only as Bolaji said the presence of the security men was caused by the attack on a naval officer in the area a few weeks ago. It was alleged that the officer’s rifle was taken away by the attackers.

A resident who gave her name as Bimbo Adebiyi explained that he woke up to the drama of the naval men in the community.

Speaking about the incident to Sunday PUNCH, Chairman, Igbogbo Bayeku Local Council Development Area, Olusesan Daini, described what happened in the community as a state security issue.

Credit: punchng.com

NBA condemns invasion of Supreme Court judge’s home

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Justice of the Supreme Court, Mary Odili

The Nigerian Bar Association (NBA), on Saturday, condemned the Friday’s siege laid by security operatives to the Abuja home of a Justice of the Supreme Court, Mary Odili.

In a statement issued on behalf of the association, the president, Olumide Akpata, described the act as an “affront on the judiciary, designed to intimidate and ridicule the judiciary”.

He said the association would hold an emergency meeting of its National Executive Committee (NEC) on the matter.

No date was disclosed in the statement.

“To be clear, last night’s event is an affront on the judiciary and grossly undermines the democracy that we profess to practise.

“In line with the aims and objectives of the NBA which include the protection and defence of the independence of the Judiciary and the rule of law in Nigeria, we will be convening an emergency meeting of the NBA National Executive Committee solely to discuss this issue and take a definitive stand on behalf of the NBA,” Mr Akpata said.

The NBA president also said he would lead a delegation to meet with the Attorney-General of the Federation (AGF), Abubakar Malami, and the heads of the various security agencies.

This, he said, would be done, “to seek further clarification on the circumstances of this incident.”

‘Those responsible must be brought to book’He added that the NBA would “ensure that all those responsible for this unfortunate incident are brought to book.”

“We must do all that is required to safeguard the independence of our judiciary and indeed protect our hard-won democracy,” he added.

Credit: premiumtimesng.com

Wiyaala performs at All Africa Festival in Dubai

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Wiyaala

Ghanaian songstress, Wiyaala and the Patchbay Band put up a spectacular performance at Burj Park in Downtown Dubai at the maiden edition of the ‘All Africa Festival’ held on Saturday 23rd October 2021.

The event was created by Nina Olatoke and supported by Emaar Dubai, promoting African culture as a global conversation.

Wiyaala opened her set with her signature tune ‘Tinambanyi’, a song that foretells the rise of the under-appreciated.

This was followed by ‘Siiko’ which speaks of African tradition in conflict with modern ways and urges the people of Africa not to lose sight of their roots and identity. In ‘People Don’t Stop’, Wiyaala was again on message, urging her people to keep fighting for their dreams.

The finale was her hit song ‘YagaYaga’, which had the audience enthusiastically joining her in a call and response.

The ‘All Africa Festival’ is meant to showcase the vibrant energy, beauty, culture, and diversity of Africa in all her expressions and to introduce Africa to the African and the rest of the world.

Credit: citinewsroom.com

Sarkodie denies recording a song with Gyakie

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Sarkodie and Gyakie

Ghanaian rapper Michael Owusu, popularly known as Sarkodie, has refuted reports that he is recording a song with songstress, Gyakie.

Sarkodie responded to a tweet by Pulse Ghana about a collaborative work between the two. According to Sarkodie, he is not recording with Gyakie but only happens to be present at Gyakie’s studio session.

He tweeted: “No track yet pls I just happen to be around the queen’s session.” There have been several reports mostly in the Ghanaian tabloids about the Sarkodie and Gyakie recording a song together when they linked up days ago in London.

Sarkodie shared photos of himself and Gyakie and BlaqJerzee, one of the top Nigerian music producers. There is also the presence of Gyakie’s manager Electro Mirror and Ceek’s Jay Kjs.

Gyakie is one of the promising young talents emerging in Ghana. She broke out with “Forever” which became an instant hit across Africa.

Her remix with Omah Lay and subsequent promotion and activation in Nigeria was criticized by many industry players, accusing her of neglecting the Ghanaian space.

Sarkodie is yet to cook a song with her, for now, but Gyakie has records with D-Black, Bisa Kdei, Yaw Tog, and Amerado.

Credit: pulse.com.gh

Yahya Jammeh rejects alliance with Gambian President Barrow

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Gambia’s former President Yahya Jammeh

The Gambia’s former President Yahya Jammeh has turned down an offer to join forces with incumbent President Adama Barrow in the upcoming presidential election. The exiled politician told his supporters the move to form an alliance was without his consent.

In a telephone address to thousands of his supporters gathered in his home village of Kanilai, Jammeh, who has been living in exile in Equatorial Guinea since his election defeat in 2016, declared himself as legitimate leader of his party and fired the leadership for forming an alliance with his successor.

In exile for the past four years, Jammeh remains influential in the Alliance for Patriotic Reorientation and Construction (APRC) party. Recently hundreds of supporters converged at his hometown, Kanilai to listen to a phone call Jammeh made from his base in Equatorial Guinea.

During the telephone address, Jammeh told his supporters that he sacked the entire APRC executive for forming an alliance with President Barrow without his consent and says he has taken over the party.

Credit: rfi.fr

The Ghanaian Chronicle