A move by Sri Lanka’s opposition parties to force a no-confidence motion against President Gotabaya Rajapaksa in parliament has been blocked by the ruling party, an official said.
M A Sumanthiran, a legislator from the opposition Tamil National Alliance, on Tuesday proposed that parliament bypass procedure and take up the motion against Rajapaksa urgently.
But the ruling party defeated the motion with a 119-68 vote.
However, the motion can be taken up for debate later as a normal proposal, Minister Dinesh Gunawardena said.
The opposition move was prompted by growing dissent against the president due to the current economic crisis – the worst the island nation has faced since independence from the British in 1948 – which has resulted in fuel, food and medicine shortages.
The parliamentary motion accused Rajapaksa of being responsible for the economic crisis by introducing untimely tax cuts and prohibiting the use of chemical fertilisers, which resulted in crop failures.
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Overview
The beet is a bulbous, sweet root vegetable that most people either love or hate. It’s not new on the block, but it’s risen to superfood status over the last decade or so.
Research shows drinking beet juice, also known as beetroot juice, may benefit your health. Here’s how.
Helps lower blood pressure
Beet juice may help lower your blood pressure. Researchers found that people who drank 250 milliliters (or about 8.4 ounces) of beet juice daily lowered both systolic and diastolic blood pressure.
Nitrates, compounds in beet juice that convert into nitric oxide in the blood and help widen and relax blood vessels, are thought to be the cause.
Improves exercise stamina
According to a small 2012 study Trusted Source, drinking beet juice increases plasma nitrate levels and boosts physical performance.
During the study, trained cyclists who drank 2 cups of beet juice daily improved their 10-kilometer time trial by approximately 12 seconds. At the same time, they also reduced their maximum oxygen output.
May improve muscle power in people with heart failure
Results of a 2015 study suggest further benefits of the nitrates in beet juice. The study showed that people with heart failure experienced a 13 percent increase in muscle power 2 hours after drinking beet juice.
May slow the progression of dementia
According to a 2011 study Trusted Source, nitrates may help increase blood flow to the brain in older people and help slow cognitive decline.
After participants consumed a high-nitrate diet that included beet juice, their brain MRIs showed increased blood flow in the frontal lobes. The frontal lobes are associated with cognitive thinking and behavior.
More studies are needed, but the potential of a high-nitrate diet to help prevent or slow dementia is promising.
Helps you maintain a healthy weight
Straight beet juice is low in calories and has virtually no fat. It’s a great option for your morning smoothie. It’ll give you a nutrient and energy boost as you start your day.
May prevent cancer
Beets get their rich color from betalains, which are water-soluble antioxidants. According to a 2016 study Trusted Source, betalains have chemo-preventive abilities against some cancer cell lines.
Betalains are thought to be free radical scavengers that help find and destroy unstable cells in the body.
Good source of potassium
Beets are a good source of potassium, a mineral and electrolyte that helps nerves and muscles function properly. Drinking beet juice in moderation can help keep your potassium levels optimal.
If potassium levels get too low, fatigue, weakness, and muscle cramps can occur. Very low potassium may lead to life threatening abnormal heart rhythms.
Good source of other minerals
Your body can’t function properly without essential minerals. Some minerals boost your immune system, while others support healthy bones and teeth.
Besides potassium, beet juice provides:
iron
magnesium
manganese
sodium
zinc
copper
selenium
Good source of folate
Folate is a B vitamin that helps prevent neural tube defects, such as spinal bifida and anencephaly. It may also decrease your risk for having a premature baby.
Beet juice is a good source of folate. If you’re of childbearing age, adding folate to your diet can help you get the daily recommended amount of 600 micrograms Trusted Source.
Supports your liver
You may develop a condition known as nonalcoholic fatty liver disease if your liver becomes overloaded due to the following factors:
a poor diet
excessive alcohol consumption
exposure to toxic substances
sedentary lifestyle
The antioxidant betaine potentially helps prevent or reduce fatty deposits in the liver. Betaine may also help protect your liver from toxins.
May reduce cholesterol
If you have high cholesterol, consider adding beet juice to your diet.
A 2011 study on rats found that beetroot extract lowered total cholesterol and triglycerides and increased HDL, or “good,” cholesterol. It also reduced oxidative stress on the liver.
Researchers believe beetroot’s cholesterol-lowering potential is likely due to its phytonutrients, such as flavonoids.
On Thursday, May 12, 2022, My Ghana Media, a pro-NDC media house, came out with a story it sourced from, The Herald, another NDC media house, which was about one of the hard-working ministers, Hon. Alan Kyerematen.
Even though the story sought to attack the personality of Alan, in truth, what these NDC media houses actually intended to do was to create division within the NPP so that it will not be possible for the party to break the eight.
The headline loudly proclaimed, “Alan Kyerematen Takes NPP Flagbearers Campaign To Osu Presby Hall,” and it contained attacks on Alan and the 1D1F Initiative. The minister was invited to deliver a speech at a church programme and the NDC sees everything wrong with that. The publication sought to propagate that the address was a national one and should have been delivered at the Ministry of Trade and Industry or the Ministry of Information. It also sought to imply that only the President can deliver talks at the Osu Presbyterian Church Hall. For Alan to do so, indicated his intention to be the next NPP flag bearer. And the publication sought to indicate that holding such a talk outside the ministry’s premises, shows that Alan was using government platform and working hours to campaign.
Members of the Executive arm of government accept invitations to speak on any issue and these are done at venues outside the ministries. The NDC should be aware. The publication then attacked the 1D1F initiative and clearly displayed the opposition, NDC’s stack ignorance of it.
To state that H.E President Nana Akufo-Addo has difficulty speaking directly and specifically to the number of jobs the policy created, (over 200,00 to date), is to admit that the two media houses know next to nothing about this very successful flagship project. The publication went on to state that, “the factories are difficult to create, and attempt to revise the programme had seen existing ones labelled as part of the 1D1F concept where monies would be dolled out to them for investment and expansion…”
To say the factories are difficult to create is to throw dust in the eyes of Ghanaians, since this is not true and there are many factories already established or are being created under the 1D1F. And to say this policy is desperately extended to existing factories so as to beef up the numbers, is to admit that these media houses do not know how to read or how to source information.
Directly sourcing from a statement delivered by the Hon. Minister of Trade and Industry, Hon. Alan Kyerematen on the floor of Parliament, on the One District One Factory Initiative on Wednesday July 21, 2021, I hereby reproduce the following points to educate the NDC and its media. The core principles of the 1D1F Initiative include the following three: 1). 1D1F companies are not State Enterprises but are privately owned companies actively supported by Government. Government support to 1D1F companies includes fiscal and non-fiscal incentives, technical assistance, and extension of infrastructural facilities, including electricity, water, and access roads.
2). 1D1F Companies could either be new companies or existing companies that meet the 1D1F criteria. This is to ensure that existing companies that require strategic support could also benefit from the initiative. And,
3). In selected cases Government may partner a strategic investor under a PPP arrangement to establish a commercial enterprise under the 1D1F initiative. Where Government has an interest in a 1D1F project, the goal would be for Government to offload its interest over time to the private sector.
The publication went on to indicate that Casa de Ropa, a sweet potato processing factory in the Central Region which is under 1D1F had to wait for three years to secure GH¢ 3 million from Ghana Exim Bank. Meanwhile the truth is, Casa de Ropa which was set up fifteen years ago, enrolled under the 1D1F and was able to secure GH¢14.4 million from Exim Bank to boost operations.
The publication in one breath stated that companies under the 1D1F find monies hard to come by, because the banks unduly delay in giving them loans, then in another breath, we are told that some expatriates have collected huge sums from private commercial banks, which were guaranteed by government, and have fled the country. Since My Ghana Media and The Herald were able to mention, Casa de Ropa, even though they spread false information about that company, they must as well mention those expatriates who took our monies and fled the country.
These NDC media houses are bent on creating hostile divisions in the NPP by attacking personalities. At first the attack was on the Vice President, Dr Bawumia, as the NDC trumpeted on roof tops that the fine gentleman was not a good economist, after all.
The NDC when in government awarded a contract, Ghana Retail Payment System Infrastructure, which was to enhance interoperability in mobile money transactions, to Sibton Switch Systems, whose bid was thirty-three times more than the next highest bidder and was going to cost the tax payer $1.2 billion. Gladly this contract was abrogated in 2017 and the Vice President took up the project and fully completed it at the cost of only $4.5 million. With nothing left to hang the Vice President with, the NDC have decided to attack the Trade and Industry Minister and make it appear that the 1D1F Initiative was waste of public funds.
The NDC has started its ugly noises and are out in the opening, spreading falsehood about every good thing the NPP has achieved. To attack the 1D1F Initiative shows how desperate the NDC is, because this is a project which is bringing hope to all, especially the youth. And Parliament is aware that, out of the 278 functioning 1D1F companies, 58 were fully owned by youth groups who had been mobilized by Government and supported with seed funding to establish their own state-of-the-art agro-processing factories in 58 districts, under what is referred to as the Enable Youth 1D1F Initiative supported by African Development Bank (AfDB) and International Fund for Agricultural Development (IFAD). Each of these youth groups have between 40 and 48 individuals as shareholders in each company.
Alan Kyerematen is one of the most focused ministers of this republic who can deliver on his promises. His baby, industrialisation, is bearing fruits in this country and in some parts of Africa. The youth have so much hope in him and they know the future is secured with jobs readily available.
An attack on the 1D1F Initiative is an attack on the sovereignty of this country. The only way to add value to our exports is to process them and that can only be possible through 1D1F and the NDC is not too pleased about Ghana, succeeding.
Granit Xhaka hit out at his Arsenal team-mates after their 2-0 defeat to Newcastle as he appeared to suggested some of them did not deserve to be on the pitch.
However, Sky Sports pundits Gary Neville and Jamie Carragher hit back at the midfielder, labelling him a disgrace for seemingly criticising the younger members of Mikel Arteta’s squad.
Arsenal headed to the North East knowing only a victory would see them overtake Tottenham back into fourth, but after a woeful 2-0 defeat they look to have all but thrown away the Champions League place that once looked guaranteed.
However, Xhaka suggested the Gunners do not deserve to secure the coveted top-four spot over their London rivals.
Speaking with Sky Sports after the game, the 29-year-old said: ‘It’s difficult to find the right words. From the first minute to the 90th we didn’t deserve to be on the pitch.
‘I can’t explain to you why. We didn’t do what the game plan was, we were not listening to the coach. What happened was a disaster performance. You don’t deserve to play Champions League or even Europa League [with that display].’
When asked if inexperience in the squad was an issue, Xhaka replied: ‘If someone isn’t ready for this game, stay at home. It doesn’t matter your age.
‘If you’re nervous, stay on the bench or stay at home. You need people to have the balls to come here and play. It’s one of the most important games for us.
Erik ten Hag managed his last game at Ajax in their 2-2 draw with Vitesse
Erik ten Hag will start work on Manchester United‘s rebuild on Monday after Ajax concluded their season over the weekend.
The incoming coach intends to waste no time at all forward planning for his new position and is even skipping a post-season trip to Curacao with the Ajax players.
But he won’t be in Manchester right away with interim manager Ralf Rangnick still in charge ahead of Sunday’s final Premier League game of the season away to Crystal Palace.
Ten Hag, 52, said after Sunday’s 2-2 draw with Vitesse in their final Eredivisie match that ‘it’s time to turn the switch now’ and after packing up his things at Ajax’s De Toekomst training ground, he will devote full attention to forward planning for United.
He told De Telegraaf: ‘We have agreed that I will be employed by Manchester United from May 16. There are still a few things that need to be done in preparation for the season.
‘Among other things, with regard to the make-up of the staff and the composition of the squad.
‘I will leave my mark and I have to do it very carefully.’
United have yet to conclude their Premier League campaign and travel to Crystal Palace on Sunday as they attempt to secure a sixth-place finish and qualify for the Europa League rather than the Europa Conference League.
Kylian Mbappe announced that he had made a decision over his future at Sunday night’s UNFP (the French Professional Footballers’ Union) gala.
The French forward will move to Real Madrid on a free transfer this summer after a full agreement was reached last week.
Everything that had been spoken about over previous months was agreed, and Mbappe has successfully resisted Paris Saint-Germain‘s pressure to sign a new deal.
Florentino Perez‘s tactic over the course of season has been clear. He has ensured that Los Blancos have remained in the shadows, trusting in Mbappe‘s dream to play for the club.
The Real Madrid president has avoided making direct contact with the 23-year-old, even though he could have done so from January 1.
Mbappe visited Madrid at the beginning of last week, and Monday and Tuesday were the two days when it became clear that an agreement would be reached.
Real Madrid‘s general director, Jose Angel Sanchez, took the reins of the negotiations and made it the club’s priority to do everything possible to close the deal.
Mbappe agreed to join the club, and his representatives asked Real Madrid to wait until they had finalised the deal with PSG before taking the next step.
Len Clay Sports Stadium where the plot was executed
Amos Addai, Ashantigold SC, Danso Wiredu, goalkeeper of Inter Allies and Eric Esso
At long last, the Ghana Football Association (GFA) has officially confirmed that the integrity of the league match between AshGold and Inter Allies Football Club, played on July 7, 2021 was compromised.
The football governing body has subsequently demoted the ‘Aboakese’ club to the third tier league and banned the chief executive of the club for ten solid years.
The players and other officials who aided the process have either been banned or have fines imposed on them.
In the match under review, Inter Allies player, Hashim Musahl decided to write his name in the Guinness Book of Records by intercepting the ball, turned to his own goal post and hit it into the net on two occasions.
Ashantigold FC vs Inter Allies
Football connoisseurs who detected that the integrity of the match had been compromised protested and this forced the FA to set up a committee to investigate the scandal.
Meanwhile, the following is the full report issued by the GFA, after almost a year of investigation into the match.
READ THE FULL VERDICT BELOW;
PANEL
Osei Kwadwo Adow (Esq.) – Chairman
Ms. Carla Olympio (Esq.) – Vice Chairperson
Lorraine Crabbe Ababio (Esq.) – Member
Emmanuel Nikoi – Member
Nurudeen Alhassan – Member
Elsie Nana Acheampong – Member
Justice Yeboah– Member
William Bossman – Secretary
GHANA FOOTBALL ASSOCIATION vrs. ASHANTIGOLD SC, CLUB OFFICIALS, PLAYERS AND TEAM OFFICIALS – IN THE MATTER OF A MISCONDUCT CHARGE AGAINST ASHANTIGOLD SC & OTHERS IN RESPECT OF THEIR GHANA PREMIER LEAGUE MATCH AGAINST INTER ALLIES FC AT THE LENCLAY STADIUM
DECISION ON ASHANTIGOLD SC (This decision must be read together with the decision on Inter Allies FC)
BRIEF FACTS On 17th July 2021, Ashantigold SC played Inter Allies FC in the 2020/21 Ghana Premier League Matchday 34 game at the Obuasi Len Clay Stadium. After the match, there were several reports within the local and international football space that the match was fixed to fulfill a correct score of 5 goals to 1 in favor of Ashantigold SC.
The match eventually ended in 7 goals to 0 against Inter Allies FC.
A video extract of the match circulated on various social media platforms showing a player of Inter Allies FC scoring two own goals and also showed a lackluster attitude of players on the field of play.
Ashantigold vs Inter Allies
Sportradar, a Swiss based international company‟s fraud detection system, a unique service that identifies betting related manipulation in sports globally for a number of leagues through its vast amounts of data, reported that there was strong pre match betting and telltale signs of fraud on the said match. The GFA Compliance & Integrity Office together with the GFA Prosecutors investigated the matter and in accordance with Article 34(5) of the GFA Premier League Regulations preferred charges against the two clubs and referred Ashantigold SC to the Disciplinary Committee.
CHARGES Ashantigold SC was charged on three counts.
Count One; The Club was charged for a breach of Article 34(5)(a) of the Ghana Premier League Regulations (2019) for instigating, commanding, and counselling its players to play a fixed match or match of convenience between Ashantigold SC and Inter Allies FC to achieve a result in favor of Ashantigold SC, an act which the club knew or ought to have known at the time of engaging in it to be contrary to the Premier League Regulations of the Ghana Football Association
Count Two; The Club was charged for a breach of Article 18(1) of the GFA Disciplinary Code (2019). That the President and Chief Executive Officer made several calls to one, Emmanuel Nii Amoah to assist the Club to manipulate the match against Inter Allies FC to achieve their desired results, an act which has brought the game of football into disrepute.
Count Three; The Club was charged for a breach of Article 34(6)(d) of the GFA Premier League Regulations, (2019). That both teams did act together with a common purpose to manipulate the match to achieve a desired result, an act which brought the game of football into disrepute.
CLUB OFFICIALS CHARGED
Dr. Kwaku Frimpong, President of Ashantigold SC was charged for breaching Article 27(1)(2) of the GFA Code of Ethics 2019; Article 18(1) of the GFA Disciplinary Code, 2019, and Article 34(5)(a)(b) of the GFA Premier League Regulations 2019.
Dr. Kwaku Frimpong, President of Ashantigold SC and Emmanuel Frimpong, Chief Executive Officer (CEO) of Ashantigold SC
Emmanuel Frimpong, Chief Executive Officer (CEO) of Ashantigold SC was charged for breaching Article 27(1)(2) of the GFA Code of Ethics 2019; Article 18(1) of the GFA Disciplinary Code 2019 and Article 34(5)(a)(b) of the GFA Premier League Regulations 2019.
PLAYERS AND TEAM OFFICIALS CHARGED
The following players and officials of Ashantigold SC were charged for breaching Article 34(5)(a) of the GFA Premier League Regulations:
Player Name Jersey Number Stephen Owusu Banahene 4 Dacosta Ampem 7 Frank Akoto 15 Agyemang Isaac Opoku 19 Amos Kofi Nkrumah 24 Eric Esso 25 Seth Osei 32 Moses Kwame 29 Solomon Afriyie 35
Player charged on three counts Samed Mohammed – player number 32 of Ashanti Gold SC was charged on three counts for breaching Article 12(1)(b) of the GFA Disciplinary Code 2019; Article 34(6)(d) and Article 34(5)(a) of the GFA Premier League Regulations
Team officials charged for breaching Article 34(5)(a) of the GFA Premier League Regulations Thomas Duah – Head Coach of AshantiGold SC Aidoo Gee Ahmed – Team Manager of AshantiGold SC
Players and Officials charged but failed to appear before the Committee Emmanuel Owusu Mohammed Bailou Amos Addai Emmanuel Owusu Paul De Vries Asare Nana Kwasi Darling – Sporting Director
GHANA FOOTBALL ASSOCIATION (GFA) LAWS
Article 34(5)(a) Premier League Regulations, 2019 states: “any GFA or club official or club, or player or participant of a match who instigates, commands counsels solicits, procures, or in any manner purposely aids, facilitates encourages or promotes the playing of a fixed match or a match of convenience involving his club or involving other clubs, the result of which may in one way or the other affect his club, commits a grievous offence and the offender shall be referred to the Disciplinary Committee for appropriate sanctions”.
Former Inter Allies defender Hashim Musah
Article 34(5)(b) Premier League Regulations,2019, states: “for the avoidance of doubt it shall be a misconduct for any club, club official or a player or any participant of a match to offer or to attempt to offer either directly or indirectly any consideration whatsoever to
another club, or a player or to any match official, with a view to influencing the results of any match for any club to play a match in a non competitive spirit for the purpose of this rule the determination of the competitiveness or otherwise of a match shall be done by the GFA Disciplinary Committee or Ethics Committee”.
Article 18(1) of the GFA Disciplinary Code, 2019 states: “anyone who directly or indirectly by an act or omission unlawfully influences or manipulates the course, results or any other aspect of a match or competition or conspires or attempts to do so by any means shall be sanctioned with a minimum 5 year ban on taking part in any football related activity as well as a fine of at least ghc100,000. In serious cases a longer ban period, including a potential lifetime ban on taking part in any football related activity shall be imposed”.
Article 27(1) of the GFA Code of Ethics, 2019 states: “Persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit any personal or undue pecuniary or other advantage in order to obtain or retain business or any other improper advantage to or from anyone within or outside GFA. Such acts are prohibited regardless of whether carried out directly or indirectly through, or in conjunction with, third parties. In particular, persons bound by this Code shall not accept, give, offer, promise, receive, request or solicit any personal or undue pecuniary or other advantage for the execution or omission of an act that is related to their official activities and is contrary to their duties or falls within their discretion”.
Article 27(2) of the GFA Code of Ethics, 2019 states: “persons bound by this code shall refrain from any activity or behavior that might give rise to the appearance or suspicion of a breach of this article”.
Article 12(1)(b) of the GFA Disciplinary Code 2019 states:
“Players and officials shall be suspended for misconduct as specified below and may be fined accordingly or at least one match or for an appropriate period of time for unsporting behavior towards an opponent or a person other than a match official”.
Article 34(6)(d) of the GFA Premier League Regulations 2019 states: “In addition to matters referred to in any other regulation, it shall be a misconduct if a club, Director, official, Referee, Assistant Referee, or Player or member is proved to have done or permitted or assisted any of the following to be done: Commit any offensive act not provided for above or make any offensive statement either verbally or in writing or is responsible for any conduct or any matter which is in the opinion of the Association, ungentlemanly, insulting or improper behaviour or likely to bring the game into disrepute”.
STANDARD OF PROOF
With match fixing or manipulation being a complicated event that is capable of eluding direct investigation Article 35 (3) of the GFA Disciplinary Code states the standard of proof as Comfortable Satisfaction whiles Article 36 of the Disciplinary Code states that the burden of proof rests on the prosecution.
The Court of Arbitration of Sports (CAS) explains the Standard of Proof in sports as “not the evidence itself, but that it can prove the facts sufficiently in the eyes of the panel comfortably satisfied that a conduct of a type which undermines the basic premise of fairness upon which all sporting contests are premised actually happened i.e., at a level greater than a mere balance of probability but less than proof beyond reasonable doubt”.
The CAS opted not to apply the “proof beyond reasonable doubt” standard in certain cases because “comfortable satisfaction” is more prudent than “proof beyond reasonable doubt”, but still more stringent than simple “balance of probabilities”. Comfortable satisfaction lies in between the two, not mere balance of probabilities” (Diaconu et al, International Sports Law Journal, 2021, 27-46).
Relying on both the GFA and CAS rules (both consistent with each other) this Disciplinary Committee determined its position on COMFORTABLE SATISFACTION and MEANS OF EVIDENCE for this case. It also made it clear to the parties that it is not bound to rigidly apply the procedural rules of the normal courts and that its freedom is only limited by the obligation to make sure that the procedural rules comply with the necessity for equal treatment of the parties and the right of all parties to be heard i.e. procedural public policy (Diaconu et al, International Sports Law Journal, 2021, 27-46).
In this case of match manipulation or match fixing the Committee was of the view that football competitions seen as natural conduct involves acts such as penalties, goals, fouls, and other conduct otherwise lawful but may be considered illegal. (Pakruojo at paras 81(i), 91-92).
The Committee took the view that the search for evidence must call for the following elements among others: evidence for corroboration, consistency of testimonies and justification, behaviors before the match, on-field acts, proof of suspicious behavior on field of play, private meetings, phone calls.
The Committee therefore treated all documents presented and statements made by both clubs, players and the GFA‟s Investigations Report, Match Commissioner‟s and Referee‟s reports as valuable and admissible evidence.
The Committee also took judicial notice of the failure of Ashantigold SC to submit a comprehensive internal investigations report to the GFA Investigations Team even though the club was requested to submit same.
The Disciplinary Code states that Match Reports are presumed accurate. This presumption may only be rebutted with clear evidence.
PRELIMINARY MATTERS
By a letter dated 19th day of July 2021, the GFA Integrity Officer requested a full report on the alleged match fixing from Ashantigold SC as a corporate body.
The club sent a letter dated 21st July 2021 dissociating itself from the allegation of match fixing without any comprehensive internal investigations or investigation report and filed a preliminary submission to the Committee, raising legal objections.
RULING ON PRELIMINARY LEGAL SUBMISSION/OBJECTIONS
The preliminary legal objections filed by Ashantigold SC indicated among others that: (1) the jurisdiction of the Disciplinary Committee of the GFA had not been properly invoked in that the procedure for filing a case at the Disciplinary Committee had not been followed.
(2) the charge sheet did not disclose any identifiable complainant.
(3) the charge sheet was fraught with duplicity.
(4) the charges as endorsed on the Charge Sheet were defective.
(5) in so far as the charges relate to the competitiveness of a match, the Disciplinary Committee had to determine that first before the club could be arraigned before a Committee to answer a charge thereon.
Ashantigold SC further served notice that should the preliminary objection of the club not find favour with the Disciplinary Committee, the club will put the GFA Prosecutor to strict proof of all the charges leveled against the club.
The Disciplinary Committee invoked Article 34(5)(a) of the GFA Premier League Regulations which states: “Any GFA or club official, or club or player or participant of a match who instigates, commands, counsels, solicits, procures, or in any manner purposely aids, facilitates, encourages or promotes the playing of a fixed match or a match of convenience involving his club, or involving other clubs, the result of which may in one way or the other, affect his club, commits a grievous offence and the offender shall be referred to the Disciplinary Committee for appropriate sanctions”.
The Committee saved the service of notice that, should its preliminary objection not find favor with the Disciplinary Committee it will put the GFA Prosecutor to strict
proof of all the charges leveled against it and ruled against the preliminary legal objection.
On the 25th day of November 2021, the Club filed its defence to the charges.
SUMMARY OF THE PROSECUTION’S CASE
Evidence of the Prosecution The Prosecution relied mainly on the investigation report titled Preliminary Investigation Report in Respect to Ghana Premier League matchday 34 match between Ashantigold SC and Inter Allies FC.
According to the prosecution after the match, there were several reports within the football space of the match being fixed to fulfill a correct score of 5 goals to 1 in favor of Ashantigold SC.
A video extract of the said match circulated on various social media platforms showing a player of Inter Allies FC scoring two own goals as well as a lackluster and uncompetitive attitude of players on the field of play. The GFA Compliance & Integrity Office opened an investigation into the matter and on the 19th day of July 2021, wrote to both clubs, as corporate entities, to submit a report on the match in relation to the allegation of match fixing.
AshantiGold SC submitted a document short of a full internal investigation report on the 21st July 2021. Inter Allies on the other hand asked for an extension for the club to complete its internal investigations and submitted a comprehensive report on the 22nd July 2021.
Statements were requested from players and officials who participated in the match and all of them submitted statements except player Emmanuel Owusu of AshantiGold SC who did not respond to the request. One Emmanuel Nii Amoah (Volunteer of Inter Allies FC) was also invited to meet the team on three occasions on the 13th, 16th, and 26th days of August 2021.
His call records and Mobile Money records were also obtained from the Telecommunications network for analysis. According to prosecution, during Interrogation, most of the players of Inter Allies FC made comments on hearing that the match was fixed. The players also made statements of hearing fans of Ashantigold SC chanting a score line of 5-1, when they got to the Obuasi Len Clay stadium.
DEFENCE OF ASHANTIGOLD SC
On the 11th day of November 2021, a written address for and on behalf of the Ashantigold SC was filed by their lawyers with the reason that the written address was a “two-in-one” process.
The Committee took the view that Ashantigold SC had reinverted the wheel by not filing a Statement of Defence before submitting their Written Address. The Written Address was not struck out by the Committee, but it was agreed that Ashantigold SC should file a separate Statement of Defence to give grounds to the Written Address.
Eventually, on 25th November 2021, Ashantigold SC as a body corporate filed a defence signed by Mr. Emmanuel Frimpong, the Chief Executive Officer. The Committee took judicial notice of the fact that the Statement of Defence for and on behalf of Ashantigold SC was submitted after lawyers for Ashantigold SC had already cross-examined witness for the Prosecution.
Statement of Defence of Ashantigold SC
Paragraphs 15 – 21 generally denied all the charges and evidence adduced against the club saying that it went into the match in a very competitive mood.
Ashantigold vehemently denied any relationship between NiiAmoahGogo and Dr. Kwaku Frimpong and Mr. Emmanuel Frimpong.
Paragraphs 26 – 27 of the defence attacked the GFA investigation report indicating that it was heavily tilted against the Respondents.
Paragraph 28 of the defence dwelt on its player Seth Osei as not being with any legal representation during the investigation teams‟ hearing.
Paragraphs 29 – 40 mostly placed emphasis on Nii Amoah including the revelation that he is also known as NiiAmoahGogo an official of Inter Allies FC.
ISSUE(S): – Whether or not Ashantigold SC per its officials and or players directly or indirectly fixed, influenced or manipulated the match.
THE LAW AND THE FACTS
DEFINITIONS: Match Fixing/Manipulation The Ghana Football Association Disciplinary Code 2019 section 18 (1) states: “anyone who directly or indirectly by an act or omission unlawfully influences or manipulates the course, result or any other aspect of a match and /or competition or conspires or attempts to do so by any means shall be sanctioned”.
The Macolin Convention Article 3 defines manipulation of sports competition as: “intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition to remove all or part of the unpredictable nature of the aforementioned competition with a view to obtaining an undue advantage for oneself or for others”. (Macolin on Manipulation of Sports Competition)
A commentary on this definition also has it that manipulation does not refer to mere altering the result of a match or competition, but also any manipulation which influences the fair and natural course thereof.
In order to appreciate the evidence, the Committee categorized the thematic hearing as follows: a. Evidence on match fixing before the match b. Evidence on match fixing during the match
EVIDENCE ON MATCH FIXING BEFORE THE MATCH
Metalist, CAS 2013/A/3297 (strict liability for the club).
Metalist was found guilty of fixing prior to the match. The club was confirmed disqualified from the 2013-4 Champions League by UEFA’s Appeals Body based on proven fixing for the club.
Evidence of Communications Before the Match
The prosecution revealed that before the match was played and between 12th of July 2021 and 19th July 2021, Dr Kwaku Frimpong called Nii Amoah on two occasions.
Within the same period, Nii Amoah also contacted Dr Kwaku Frimpong 6 times whilst Nii Amoah contacted Emmanuel Frimpong 9 times. The prosecution showed that on 12th July 2021, around 4:57pm Dr Kwaku Frimpong called Emmanuel Nii Amoah and expressed his interest in the match in question.
During the discussions, Dr Kwaku Frimpong offered Emmanuel Nii Amoah an amount of GHc10,000 to manipulate the match to achieve a correct score of 5-1 to advance his betting objective. Dr Kwaku Frimpong then indicated that he will instruct someone (who was later found out to be Emmanuel Frimpong, the CEO of Ashantigold SC) to send the money.
Thereon, Emmanuel Nii Amoah, frequently contacted Dr Kwaku Frimpong to obtain more information on the details of Dr Kwaku Frimpong‟s interest in manipulating the match. The prosecution provided detailed call records between the parties to support this claim.
The Committee notes that though Dr Kwaku Frimpong and Emmanuel Frimpong, the CEO of Ashantigold SC had stated that they did not know Nii Amoah and has never dealt with him, however, the phone records showed that the two Ashgold SC club officials have been in communications with Nii Amoah on a number of occasions as regards the match.
Evidence of Mobile Money Transactions Between the Parties Before the Match
To explain further, prosecution gave evidence regarding a detailed account of call records and mobile money records of Emmanuel Nii Amoah, Dr Kwaku Frimpong (President of Ashantigold) and Isaac Quist (the Mobile Money Merchant).
Prosecution stated as follows: that on the Thursday, 15th July, 2021 around 10:00 am, Isaac Quist, Mobile Money Agent, received an amount of GHC10,000 which was sent in two batches of GHc5,000 within a minute from Prince Kwarteng Mobile Money Merchant in Obuasi.
According to prosecution, Emmanuel Frimpong later called Nii Amoah around 10:23 am to confirm receipt of the money. The money was disbursed from Isaac Quist to Nii Amoah as follows: Isaac Quist sent an amount of GHc2000 on the 15th July 2021 to Nii Amoah. On 18th of July 2021, Isaac Quist again sent an amount of GHc5,000 to Nii Amoah, and another GHc2,194 on the 22nd of July 2021.
Defence from Ashantigold SC Ashantigold SC denied any relationship between NiiAmoahGogo and Dr. Kwaku Frimpong and Mr. Emmanuel Frimpong as far as match fixing was concerned but indicated that all the communication with Nii Amoah was in respect of player transfer.
During cross examination, Dr. Kwaku Frimpong and Emmanuel Frimpong admitted communicating with Nii Amoah. However, as part of his explanations, Emmanuel Frimpong admitted exchanging 10 text messages with Nii Amoah, after it was suggested to him that they rather exchanged messages on 43 occasions.
In its general defence, Ashantigold SC revealed that NiiAmoah is not a volunteer with Inter Allies FC but rather an officer of the club.
A reasonable inference from this revelation is that Dr. Frimpong and Emmanuel Frimpong recognised Nii Amoah as an officer of Inter Allies FC, they could act together with.
There were also testimonies from the players of Inter Allies FC that Nii Amoah was always in their company on match days, including the match in question. That he was on the bus to Obuasi and lodged with them at the same hotel prior to the day of the match.
The Committee notes, therefore, that the outcome of the relationship between Dr. Frimpong and Emmanuel Frimpong and Nii Amoah eventually manifested even before the match was played.
For instance, the case of prosecution has it that Hashmin Musah (player of Inter Allies FC) stated that Mohammed Zakari (player of Inter Allies FC) told him he saw Richmond Lamptey (player of Inter Allies FC) giving a white paper to Nii Amoah and heard him say that if the match will end with that correct score of 5-1 then he should call the number on the sheet of paper for the person to stake the bet for him.
Yet again, from the findings of the Inter Allies FC report, Richmond Lamptey recounted that Seth Osei in jersey No. 33 for Ashantigold SC enquired from him as to whether the bosses of Inter Allies FC had told them about the 5 -1 scoreline to which answered in the negative.
The Committee is, thus, satisfied that the relationship between Dr. Frimpong and Emmanuel Frimpong and Nii Amoah was not meant for player transfer but rather to fix the match in question.
Evidence of Match Fixing on Arrival of Inter Allies FC at the Stadium According to the prosecution, on arriving at the match venue, players of Inter Allies FC heard from the chant of the supporters, the 5 – 1 scoreline, much to their surprise.
Further, the Prosecution revealed that, during interrogation, Richmond Lamptey of Inter Allies FC stated that Seth Osei of Ashantigold SC called him at the entrance of their dressing room and asked him that – „haven‟t your bosses spoken to you?‟.
Fard Ibrahim also stated that Seth Osei asked him the same question twice on the field of play in both halves of the match.
The case of prosecution was that Hashmin Musah (a player of Inter Allies FC), after addressing his teammates about what he had heard that the match had been fixed told his teammates that if they do not play to their best in order to prevent the alleged correct score of 5-1, he will personally act to ruin the bet.
This was supported by Ahortor Gokel (player of Inter Allies FC) who also said “today we will put sand in their gari” meaning the bet will be ruined.
DEFENCE OF ASHANTIGOLD SC
Ashantigold SC vehemently denied all these assertions by prosecution and attacked its report stating in paragraph 27 of its defense that the report was tilted heavily in favor of Inter Allies FC.
At this juncture, the Committee recounts that when the GFA Compliance & Integrity Officer requested a full internal report on the alleged match fixing from Ashantigold SC, Ashantigold SC failed to send any comprehensive one effectively shutting the door to any efforts to garner some detailed information.
Given this opportunity as of right to a fair hearing which Ashantigold SC failed to take advantage of the committee takes the view that Ashantigold SC is estopped from blaming the GFA investigations Team of any shortcoming in the course of its work.
A mere attack on the GFA investigations report on this matter is baseless.
EVIDENCE ON MATCH FIXING DURING THE MATCH
(Asif, CAS 2011/A/2362; Butt, CAS 2011/A/2364).
Deliberate under play on the field of play; Besiktas, CAS 2013/A/3258. The CAS appeal arose from a UEFA Appeals Body decision holding Besiktas ineligible for the 2013-4 Europa League based on its officials‟ involvement in fixingthe 2011 Turkish Super Lig final. Besiktas was found to be directly/indirectly involved in fixing.
The panel noted UEFA’s ability to use other decisions to corroborate, supplement and confirm, on a case by case basis.
According to prosecution, on the day of the match, Emmanuel Frimpong and Nii Amoah exchanged text messages 43 times between 3:12pm and 4:57pm during the match, with Emmanuel Frimpong texting Nii Amoah, 21 times. This revelation was supported by a detailed text message records between Emmanuel Nii Amoah and Emmanuel Frimpong.
The prosecution also presented a video of the match showing Hashmin Musah deliberately scoring two own goals in the 77th minute and 80th minute. According to the prosecution this was when the player had become convinced that the match was heading to 5-1 in favor of Ashantigold SC.
Prosecution further indicated that Seth Osei‟s reaction in the video after the first own goal showed his frustration about the correct score of 5-1 being ruined and this made him really furious.
The video showed the deliberate acts of Danso Wiredu Mensah deliberately giving the ball to the opposing player to score the second and fourth goals. From Prosecution, Mohammed Zakari (a player of Inter Allies FC),had read in between the lines stated that Danso Wiredu (goalkeeper of Inter Allies FC) was part of the network of individuals and or players who acted to manipulate the match hence his obvious negligence and deliberate acts to allow the goals scored by Ashantigold SC players. Part of the video showed that Hashmin Musah, Danso Wiredu Mensah and Mohammad Zakari who are from the same club (Inter Allies FC) stood as a front divided to the extent that one of them rendered their side uncompetitive in the match or all of them.
Defence from Ashantigold SC Ashantigold SC failed to deny or admit the suspicious behavior of Danso Wiredu Mensah (the goalkeeper for Inter Allies) on the field of play. The behavior of Danso Wiredu Mensah strikes at the heart of the defence of Ashantigold SC which says that they played the match in a very competitive spirit. Ashantigold SC further argued in paragraph 25 of the defence that “at the time HashminMusah entered the field of play, the score line was 3–0 and Hashmin coming in as a defender for Inter Allies, what stopped him from ensuring the Ashantigold SC did not score again, if he was on the field of play with an intention to ruin a „bet‟.
The Committee is satisfied that the goalkeeper of Inter Allies FC let in the two goals on purpose – to fix the match.
Indeed, in a highly competitive match the chances of saving the two goals would have been much higher.
Part of the defence of Ashantigold SC essentially questioned the video asking why “after Ashantigold had scored its five goals Inter Allies did not score one goal to make the score line 5–1 to tally with the alleged fixed score line before Hashmin Musah scored the two own goals”.
APPLICATION
That being the case of Ashantigold SC, the Committee tried to find out whether under circumstances where one opponent, whiles playing competitively finds the opposing side demonstrating such negligent and lackadaisical approach by allowing in two uncompetitive goals, the match could be considered competitive by association standards.
That being the case of Ashantigold SC, the Committee tried to find out whether under circumstances where one opponent, whiles playing competitively finds the opposing side demonstrating such negligent and lackadaisical approach by allowing in two uncompetitive goals, the match could be considered competitive by association standards.
Hashmin‟s two own goals once again, answers the question of whether the match was played competitively. Ashantigold‟sdefence which asked that what prevented him (Hashmin) from scoring two goals for Inter Allies to spoil the alleged bet is highly presumptive and rebuttable. To ruin a bet Ashantigold‟s thinking cannot tie in with that of Hashmin i.e. to force him to score goals against Ashantigold.
Hashmin had several options opened to him. He could have indulged some unsporting behavior to create goals or penalties against his club. The Committee observes that competitiveness is shown by the posturing of two sides not one and like to the two sides of a coin, it is not one or the other but the two at the same time.
Hashmin‟s intention to ruin the bet was confirmed by the comprehensive internal investigation report by Inter Allies FC dated 22nd July 2021.
MATCH OFFICIALS REPORTS
The Referee and Match Commissioners‟ Reports also contained valuable pieces of parallel circumstances that support the case of the prosecution on the video that the match was fixed or manipulated.
In the Referee‟s report, under the subtitle “Incidents caused by players or team officials”, the referee wrote “the two own goals scored by player numbered five (HashminMusah) was quite strange, he picked a pass from a teammate and kicked straight into his own goal”.
In the Match Commissioner‟s report under the subtitle, “Incident”, the Match Commissioner wrote, “in the 77th and 80th minutes No. 5 (DF) player of Inter Allies HasminMusah intentionally scored two quick goals i.e., 6th and 7th goals respectively against his own team when he was not under any pressure. Surprisingly, the technical bench applauded him”.
The Committee finds that there is enough corroborated evidence to comfortably satisfy itself that the actions of the plays on the field of play were indicative of a match that was fixed.
EVIDENCE FROM PLAYERS AND OFFICIALS
The underlisted players and officials held the same opinion by testifying that the match was competitively played and they saw nothing indicating that the match had been fixed.
Samed Mohammed was said to have insulted the Inter Allies FC coach for bringing HashminMusah into the game to spoil the scoreline.
Player Name &Jersey Number
Stephen OwusuBanahene 4
DacostaAmpem 7
Frank Akoto 15
Agyemang Isaac Opoku 19
Amos Kofi Nkrumah 24
Eric Esso 25
Seth Osei 32
Moses Kwame 29
Solomon Afriyie 35
PLAYER OF ASHANTIGOLD SC
Samed Mohammed32
OFFICIALS
Thomas Duah – Head Coach of Ashantigold SC
Aidoo Gee Ahmed – Team Manager of Ashantigold SC
PLAYERS AND OFFICIAL INVITED BUT DID NOT APPEAR BEFORE THE DISCIPLINARY COMMITTEE
The following officials and players failed to attend the hearing. They were:
Emmanuel Owusu – Player
Mohammed Bailou – Player
Amos Addai – Player
Paul De VriesAsare – Player
Nana Kwasi Darling – Sporting Director
FINDING(S)
The crucial question at this point is whether the case of the prosecution has been proved. Having inferred from the facts and the corroborated pieces of evidence and of course the whole evidence before it, the Committee finds that:
ASHANTI GOLD FC
There is strong evidence that Ashantigold Sporting Club as a legal entity engaged in a fixed match.
There is evidence of match fixing before the start of the game between Ashantigold SC and Inter Allies FC.
There is strong corroborated evidence of match fixing on the field of play between Ashantigold SC and Inter Allies FC.
The GFA Investigation Team did not probe sufficiently into betting so not much was found on betting except snippets of evidence which cannot be linked to any betting system or suspicious betting patterns.
Besiktas, CAS 2013/A/3258.
Besiktas directly/indirectly involved in fixing. Lack of clarity on direct/indirect involvement was held to not be fatal as an illegibility determination was not sanctionary in nature. 5. Match fixing and betting are creeping into if not already present in the Ghana Football league(s).
KWAKU FRIMPONG
There is strong evidence of match fixing between DrKwakuFrimpong and NiiAmoahGogo, defacto official of Inter Allies FC.
EMMANUEL FRIMPONG
There is strong evidence of match fixing between Emmanuel Frimpong and NiiAmoahGogo.
PLAYERS OF ASHANTIGOLD SC
1.From the evidence of the players there is strong evidence of match fixing before and during the game.
Match fixing and betting is creeping into if not already present in the Ghana Football leagues.
OTHER OFFICIALS OF ASHANTIGOLD SC
From the evidence of Thomas Duah (Coach) and Aidoo Gee Ahmed (Team manager), the Committee find that:
There is strong evidence of match fixing
SANCTIONS
To protect the sporting integrity of football in Ghana Per Article 18(1) & (2) of the GFA Disciplinary Code 2019, Ashantigold Sporting Club as a corporate entity is sanctioned as follows:
That at the end of the 2021/22 Ghana Premier League season, Ashantigold SC shall be demoted to the Division Two League in accordance with Article 6(3)(h) of the GFA Disciplinary Code 2019.
That a fine of GHc100,000.00 is imposed on Ashantigold SC in accordance with Article 6(1)(c) and Article 6(4) of the GFA Disciplinary Code 2019.
a. The President of Ashantigold SC Dr. KwakuFrimpong is banned from taking part in any football-related activity for a period of 120 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019 .
That a fine of One hundred Thousand Ghana Cedis (GHc100,000) is imposed on Dr. KwakuFrimpong in accordance with Article 34.5(d)(ii) of the Ghana Premier League Regulations 2019.
a. That the Chief Executive Officer of Ashantigold SC Emmanuel Frimpong is banned from taking part in any football-related activity for a period of 96 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019.
That a fine of Fifty Thousand Ghana Cedis (GHc50,000) is imposed on the Chief Executive Officer of Ashantigold SC Emmanuel Frimpong in accordance with Article 34.5(d)(ii) of the Ghana Premier League Regulations 2019 .
That the Head Coach of Ashantigold SC Thomas Duah is banned from taking part in any football-related activity for a period of 24 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019 .
That the Team Manager of Ashantigold SC Aidoo Gee Ahmed is banned from taking part in any football-related activity for a period of 24 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019.
That the underlisted players of Ashantigold SC are hereby banned for 24 months each in accordance with 34.5(d)(i) of the Ghana Premier League Regulations 2019.
Player Name Jersey Number
Stephen OwusuBanahene 4
DacostaAmpem 7
Frank Akoto 15
Agyemang Isaac Opoku 19
Amos Kofi Nkrumah 24
Eric Esso 25
Moses Kwame 29
Solomon Afriyie 35
That Samed Mohammed, Player number 32 of Ashantigold SC is hereby banned for 30 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019.
That Seth Osei, Player number 33 of Ashantigold SC is hereby banned for a period of 30 months in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations 2019.
That the underlisted players and official of Ashantigold SC who were invited but failed to appear before the Committee are hereby banned for 48 months each in accordance with Article 34.5(d)(i) of the Ghana Premier League Regulations:
Emmanuel Owusu – Player
Mohammed Bailou – Player
Amos Addai – Player
Paul De VriesAsare – Player
Nana Kwasi Darling – Sporting Director
That all above-mentioned sanctions shall commence from the 2022-23 League season.
This decision shall be communicated to FIFA to be given international application in accordance with the GFA Disciplinary Code and FIFA Disciplinary Code considering that a number of players are now playing in clubs outside the jurisdiction of the Ghana Football Association.
RECOMMENDATIONS
The following recommendations are aimed at fighting football corruption to protect the integrity of the game:
Since match fixing is complicated and may involve many people particularly in this instant case and where the combination of investigations and adjudication may take some time and the league cannot be stayed and or put it on hold, the Committee recommends that under such circumstances all the teams involved and all players and persons involved or named in the investigation MUST be injuncted from participating in any football related activities pending the final determination of the matter.
This is a method that can ensure the promotion of integrity and equal opportunity for all competitors and also constitute the fight against corruption in football in Ghana. In addition, International Transfer Certificates (ITC) must not be issued to players and or officials cited in ongoing cases of match fixing or match manipulation.
Referees and Match Commissioners MUST be encouraged to report obvious and suspicious behavior on the field of play since their reports unravel aspects of fixing or manipulation which are difficult to unravel by ordinary investigations. On the contrary when such obvious and suspicious behaviors on and off the field of play go unreported by referees and match commissioners, and match fixing or manipulation is occasioned, they must be included as collaborators or fixers of matches.
For instance, failing to report obvious, deliberate and unsporting conduct such as deliberate own goal(s), lackadaisical attitudes. Such officers must also be a subject of investigations.
In addition to GFA Disciplinary sanctions, match fixing or manipulation MUST be made a criminal offence, and anybody natural found to be involved be arrested and prosecuted with the possibility of prison sentence.
Every club official, player and or participant in football should mandatorily sign the Integrity Declaration Form and deposit it at the Integrity office of the GFA on or before the commencement of any league season to ensure the strict liability rule.
The GFA must strengthen the Compliance & Integrity Office to enable it monitor both manipulation and illegal betting systems in Ghana.
Samuel Abu Jinapor, Minister for Lands and Natural Resources
The Minister for Lands and Natural Resources, Mr Samuel Abu Jinapor, has ordered the Lands Commission to ensure that there is no further development of the disputed Bulgarian Embassy Land in Accra pending the outcome of the cases, which are currently before the courts.
For the avoidance of doubt, no person or entity is to carry out any development on the said land until the conclusion of the said court cases, Mr Jinapor wrote in a statement released in Accra last night in response to the findings of the Sole Inquirer he appointed to investigate the issue. The following is the full statement.
RE: FIRST REPORT OF THE INQUIRY INTO THE DEMOLITION OF THE BULGARIAN EMBASSY
In March 2022, the attention of the Ministry of Lands and Natural Resources (herein after referred to as “the Ministry”) was drawn to media reports about the demolishing of a building said to be the offices of the Bulgarian Embassy by some private individuals. The Ministry immediately dispatched a team, led by a Deputy Minister for Lands and Natural Resources, Hon. Benito Owusu-Bio, MP, to visit the site to ascertain the situation on the ground. At the site, the team met a private developer who has constructed a four storey structure on the land in dispute. The developer was ordered to halt all development on the land until further notice. It was established on enquiry that the building which used to house the Bulgarian Embassy was actually demolished in March 2017.
Subsequently, on 18th March, 2022, I, as Minister for Lands and Natural Resources, appointed Mr. Justice Kwasi Anto Ofori-Atta, a highly reputed retired Justice of the High Court, with vast experience in adjudication of land disputes, as Sole Inquirer to inquire into, not only the Bulgarian Embassy matter, but all matters relating to landed properties for diplomatic missions in the country. Specifically, the Sole Inquirer was to:
Undertake a full and impartial inquiry into the alleged encroachment and/or demolishing of property on the land being used as the Bulgarian Embassy;
Make appropriate recommendations relating to the land being used as the Bulgarian Embassy;
Inquire into the nature of interest in any land held or occupied by Diplomatic Missions in Ghana;
Inquire into any matter relating to land in which Diplomatic Missions in Ghana have an interest whatsoever; and
Make recommendations to Government.
Due to the urgency of the Bulgarian Embassy matter, the Sole Inquirer was given seven (7) days, to present his report on the matter, and one month to present his report on the other matters.
Following the commencement of his investigations, the Sole Inquirer indicated he found the issues considerably complex and therefore asked for an extension of time to conclude his investigations. I granted the request and extended the time for the presentation of the report on the Bulgarian Embassy to 26th April, 2022.
On Tuesday, 26th April, 2022, the Sole Inquirer presented his report on the first two terms of reference, which deals with the Bulgarian Embassy issue. The Executive Summary of the findings of the Sole Inquirer are reproduced verbatim as follows:
The subject matter of the inquiry forms part of State lands acquired under the Certificate of Title; TLS No. 3443 dated 6th July 1920 for Public Services. In 1977, the Government of Ghana granted a lease of 3.235 acres for a term of 99 years commencing 1st April 1974 to Mr. Theophilus Kofi Leighton (hereafter Mr. Leighton). The Lessee erected a dwelling house thereon and rented it out to the Government of People’s Republic of Bulgaria for a term of five (5) years certain from 1st December 1978 to 30th November, 1983 with an option to renew. The portion sublet to the Bulgaria Embassy covers only 0.525 of an acre.
Subsequently, there were short term leases of two (2) and four (4) years totalling eleven (11) years which was to expire in January, 1990.The parties went into a new agreement whereby Mr. Leighton executed a Deed of Underlease for a term of 50 years effective 1st July 1983 to expire in June 2033.
The External Companies and Diplomatic Missions (Acquisition or Rental of Immovable Property Law, 1986 (PNDC Law 150) Implementation Committee, set up by the Ministry of Foreign Affairs (hereafter MFA), reviewed the 50-year Underlease granted by Mr. Leighton to the Bulgarian Embassy and concluded that the Underlease contravened section 4 of PNDC Law 150 which prohibited the creation of any interest in land in excess of 50 years. The Committee at MFA per their calculations concluded that the sub-lease was actually 54 years taking into consideration the earlier short term tenancy agreement thereby declaring that the said sublease was null and void.
The Committee subsequently converted the consideration of One Million Cedis (¢1,000,000.00) paid by the Embassy to Mr. Leighton to a three (3)-year rent to expire on 15th June, 1993.
The MFA then wrote officially to Mr. Leighton of their decision declaring the 50-year sub-lease void.
Bulgaria’s Land Title Certificate No. GA 6454 was eventually cancelled. However, records from the Public and Vested Lands Management Division still indicates that there is a subsisting interest in favour of the Bulgarian Embassy.
In the meantime, Mr. Leighton had assigned the unexpired term of his leasehold interest in the property to Mr. Joseph Ernest Kwabena Ansah (hereafter Mr. Ansah).
However, in March, 2008, the Attorney General and Minister of Justice, Honourable Joe Ghartey reviewed the matter and declared that the views of the PNDCL 150 Implementation Committee and the decision of the MFA in declaring the 50-year under lease as void was misconceived. And that steps should be taken to reverse the decision and that should the parties desire to change any aspect of their relationship, they should be free to do so by themselves mutually.
In view of that, the MFA complied with the advice of the Attorney General and wrote to Mr. Leighton reversing their earlier decision.
Mr. Leighton kept fighting and resorted to the Courts to have Bulgaria’s Land Title Certificate No. GA 6454 cancelled the second time indicating that the Embassy had acted fraudulently by having obtained title over their interest in the property.
Meanwhile, Mr. Leighton had sued Mr. Ansah on the basis that he had not paid the full consideration for the Assignment. He also claimed he, Leighton, had not obtained prior Consent of the Lands Commission for the Assignment. Ultimately, the Court granted an order of Mandamus to compel the Lands Commission to cancel the Deed of Assignment as being null and void.
It was found out that Mr. Leighton had acted fraudulently by getting the Land Registration Division of the Lands Commission to cancel the Bulgarians interest by attaching the Judgment dated 24th September, 2002 against Mr. Ansah to the particulars of the Bulgarian Embassy for cancellation.
In 2011, the Embassy notified the MFA and the International Community in Ghana that they were temporarily suspending their activities in the country.
Along the line, Mr. Jojo Hagan took over as the Executor of the Will of Mr. Leighton and vested the property in the named beneficiaries of the Will. He also pursued the cases at the Court and finally obtained judgement for the eviction of the Occupants whom he described as trespassers and an order to demolish the property which he described as unfit for human habitation, at the Circuit Court, Accra. The Court granted the reliefs on 30th March, 2017. Mr. Jojo Hagan evicted the trespassers and also caused the demolition of the property without following due process.
After the demolition, Mr. Jojo Hagan went ahead and assigned the disputed plot of land (0.523 acre) for the unexpired residue of Mr. Leighton lease to Dr. Yaw Adu-Ampomah on 11th December, 2018. Dr. Yaw Adu-Ampomah (the Assignee) subsequently registered the Assignment at the Lands Commission and obtained planning and development permits; reference No. C795/20 for the proposed development.
It was found out that there are three Court cases involving ownership of the subject matter pending before the High Court, Accra.
Based on these findings, the Sole Inquirer recommends that:
Mr. Jojo Hagan should be sanctioned for not following due process in the eviction of the alleged trespassers and the demolition of the building and should be made to compensate the Bulgarian Embassy.
Since the title to the land has not been determined by the Courts, it is advised that Government should intervene in finding an amicable solution to this matter.
The Ministry, after studying the one hundred and forty-nine (149) page report of the Sole Inquirer, has decided to take the following measures;
accept the findings and recommendations of the Sole Inquirer in full. The Ministry has begun taking the necessary steps to implement the recommendations of the Sole Inquirer;
since there are pending court cases, specifically suit numbers G1/10088/2021, PA1335/2017 and GJ/0503/2022, in respect of the subject matter, The Ministry has directed the Lands Commission to ensure that there is no further development of the land pending the outcome of the court cases;
For the avoidance of doubt, no person or entity is to carry out any development on the said land until the conclusion of the said court cases;
iii. the Sole Inquirer established as a matter of fact that the cancellation of the Bulgarian Embassy’s interest did not follow due process. Since the registration of the assignment of Dr. Yaw Adu-Ampomah is found, as indicated in the Sole Inquirer’s report to have been improperly obtained, the Ministry has further directed the Lands Commission to take the necessary steps to withdraw consent granted to the said assignment and the registration of the interest of Dr. Yaw Adu- Ampomah, pending the outcome of the court cases;
the Lands Commission is directed not to recognise and/or register any further transaction in respect of the subject plot of land until the final determination of the pending cases before the court (s) or an amicable resolution of the matters in dispute is reached;
I have also written to the Honourable Attorney-General and Minister for Justice, to advice the Ministry in respect of recommendation one (1) of the Sole Inquirer which states as follows;
“Mr. Jojo Hagan should be sanctioned for not following due process in the eviction of the alleged trespassers and the demolition of the building and should be made to compensate the Bulgarian Embassy”; and
In accordance with the recommendations of the Sole Inquirer, I will use my good offices to attempt a mediation between the parties with the hope of reaching an amicable settlement of the matters in dispute. If no settlement is reached, The Ministry will await the outcome of the court cases and abide by them.
As with all other matters, Government will continue to act transparently, in good faith and with utmost integrity in this matter. The findings and recommendations of the Sole Inquirer in respect of all other matters relating to landed properties in which diplomatic missions have interests in, will be made known when presented.
On behalf of Government, I thank the Sole Inquirer, Mr. Justice Kwasi Anto Ofori-Atta, for his extraordinary sense of professionalism, integrity and dedication in this matter.
The Cape Coast District Court B, presided over by Her Worship Mrs Bernice Akom, has remanded the boyfriend of the slain Cape Coast Technical University (CCTU) female student, Nana Ama Clark, into police custody.
The suspect, Nicholas Ato Bronk Taylor, who was charged with the offense of murder and had his plea not taken is to reappear before the court on May 31.
So far, Ato Bronk Taylor remains the only person who has been arrested by the police in connection with the gruesome killing of the level 300 Management student.
Background to the horror incident at Cape Coast
At about 21:00 hours GMT on Friday, the entire Cape Coast town was thrown into panic when news broke out that a lifeless body of a young lady had been allegedly dumped at OLA, a suburb of Ghana’s colonial capital, by suspected ritualists.
The lady, who has been identified as 24 year old Nana Ama Clark, had her sex organ completely cut off with visible bruises on her body, which was partly covered with blood.
The news, which sent shivers down the spine of the town folks, also got residents of OLA completely traumatized, since it appeared so strange and uncharacteristic of the people.
Identification of the victim
The young lady was later identified as Nana Ama Clark, a level 300 Marketing student at the Cape Coast Technical University, CCTU.
The body has since been deposited at the Cape Coast Teaching Hospital, pending further investigations by the police, while the family has been contacted.
CCTU calls for expedited action
The management of the Cape Coast Technical University has stated in an official statement that “It is difficult to comprehend and express the enormity of the loss of this bright and promising young student”.
The management of the institution has, therefore, called for an expedite action by the police to bring the perpetrators of the heinous crime to book.
The management has given full assurance to the university community that it would continue to prioritise the security of the students at all times.
“In the meantime, Management wishes to assure students, parents, guardians and the general public that security at the University remains strong,” the statement said.
Management on behalf of the University extended its deepest and heartfelt condolences to the family of the slain student, her friends and loved ones.
