NDC MP withdraws suit injunction suit against EC

June 2, 2020 by with 0 comment

The National Democratic Congress (NDC) Member of Parliament (MP) for Ashaiman, Ernest Henry Norgbey, has withdrawn a suit he filed against the Electoral Commission (EC) of Ghana which was seeking to injunct the election management body over a decision it took not to release procurement information under the Right to Information Act.

The EC had taken a stance not to release the said information because Parliament was yet to legislate the appropriate fees chargeable on all who wish to obtain information from State institutions under the Right to Information Act.

Mr. Norgbey had requested the information from the election management body regarding the procurement process it went through before awarding a contract to Thales Gelmatos to supply a quantity of BVDs and BVRs for the purposes of electoral registration and elections.

But the EC did not grant his request with reason that the action was not warranted since Parliament was yet to fix the fees to be paid for the release of information under the Right to Information Act.

Norgbey then filed an application for Interim Injunction for the information required under the main action but the EC strongly objected to the application on grounds that a determination on the matter by way of injunction determines the main action and renders it irrelevant.

The NDC MP who was still not happy about the turn of events again filed an application for interrogatories seeking for the same documents and answers to questions in the main action.

The Electoral Commission again filed an affidavit opposing same on grounds that its determination renders the main action insignificant.

At a court sitting on Tuesday, June 2, 2020, the presiding Judge, Justice Gifty Adjei Adoo, raised the issue of the two applications determining the main action, stressing that she was minded to hear the main action rather than the interrogatories and the injunction application as she agreed with the issues raised in the EC’s affidavits in opposition.

Norgbey’s Lawyer, Dr. Abdul Bassit Bamba, humbly withdrew the interrogatories and the injunction applications with same being struck out as having been withdrawn by the Court.

The Court subsequently ordered both parties to file their written submissions regarding their respective positions in the main action within 10 days.

The case was then adjourned to June 18, 2020.

Pay your debt to the state if you have money and go for your properties – Supreme Court tells Woyome

June 2, 2020 by with 0 comment

The Supreme Court of the land has told businessman and financier of the National Democratic Congress (NDC) to honour his indebtedness to the state if he has money and go for his properties which the country is seeking leave of the court to acquire.

Woyome had appeared before the Supreme Court on Tuesday, June 2, 2020, wanting to challenge an application that had been filed by the state in connection to the acquisition of his properties but the move was blocked by the Chief Justice, Justice Anin-Yeboah, who presided over a five-member panel hearing the case.

Woyome, according to the Chief Justice, had earlier informed the court through his lawyer that he was sick and therefore sought the indulgence of the Supreme Court to appear before it on Monday, June 8, 2020.

Not enthused by the sudden turn of events, the Justice Anin-Yeboah, told Woyome to engage his lawyer if he has anything to tell the Supreme Court.

“You can tell your lawyer what you want to tell us. If you have money, go and pay, pay and get your properties back”, Justice Anin-Yeboah was quoted as saying by starrfm.com.gh.

The motion for leave of the court for the state to acquire the properties of Mr. Woyome, www.politicoghana.com understands, was premised on auctioneer’s notice that it was unable to auction the properties of the NDC financier because buyers fear the properties could be returned to him by a future government.

The case was therefore adjourned to Wednesday, June 24, 2020

Background

The Minister of National Security, Albert Kan-Dapaah, had told the Minister of Justice and Attorney-General in a letter dated March 4, 2020, that potential buyers of Woyome’s properties are afraid to buy the said properties for fear that they may be restored back to him should a new government takes over the administration of the country.

With the circumstances at hand, Mr. Kan-Dapaah, noted that a decision had been reached for the said properties to be surrendered to the State to forestall the need for an auction.

The letter made reference to the Supreme Court’s order to have the properties of Mr. Woyome auctioned to settle judgment debt.

In July 2019, after three years of legal battle over the true ownership of properties in the case involving Mr. Woyome, the Supreme Court ordered the auctioning of his assets to defray the GH¢47.2 million debt he owes the State.

The assets in question include two mansions at Trassaco Estate, a house at Kpehe where he resides, an office complex of Anator Holdings, residential building at Abelemkpe and a stone quarry in the Eastern Region including its plants and equipment.

The Supreme Court at the time, with Justice A. A. Bennin serving as the sole judge held that the properties belonged to Woyome.

The Court also said that the claim by the defunct UT Bank that Mr. Woyome had sold the two houses at Trassaco Estate to the bank to defray his debt was a sham.

Furthermore, the court held that Woyome’s quarry was not used as collateral, as he and the bank claimed.

Costs of GH¢60,000 was awarded against UT Bank and Woyome by the Court in 2019.

EC must be decisive with approach on new voters register – DI

June 1, 2020 by with 0 comment

The Danquah Institute (DI) has said though it supports the EC’s decision to compile a new register, the electoral management body must be forthright and decisive in its approach and processes.

At a press conference in Accra on Monday, June 1, 2020, the Acting Executive Director, Richard Ahiagbah, mentioned the EC’s public education and rationalization as a major reason why some Ghanaians are worried and skeptical about the compilation of a new voter’s register.

“The E.C.’s public relations has also failed to give comfort to a coalition of Civil Society Organizations and political parties,” he stated.

“Recently, the issue of excluding the current voter I.D. as a form of qualification in C.I 126, has attracted widespread public disapproval. This should not have happened if the E.C. was minded to inform Ghanaians that the voter I.D. card’s exclusion as a form of qualification is directed by the Supreme Court of Ghana.”

Mr. Ahiagba also urged the E.C. to engage and objectively assess the recommendations put forth by leading Civil Society Organizations (CSOs) and members of the Ghana Anti-corruption Coalition (GACC).

“They raised concerns to do with the cost of compiling a new register, procurement issues, technical concerns. Others, too, have raised concerns about time and COVID-19 as reasons why the E.C. should do compile a new register. But given the overriding Constitutional, legal and process irregularities advanced thus far, and would hopefully be amplified beyond the four walls of this room, we believe that the E.C. can achieve consensus with all interest groups to engage the concerns about cost, procurement, technical, time and COVID-19 as part of the E.C.’s process to compile a new voters’ register,” he explained.

Though the case for a new register is inevitable on constitutional legal grounds, the Danquah Institute Ag. Executive Director urged the Electoral Commission to be guided by the Supreme Court’s interpretation that the mandate of the Electoral Commission to compile the register of voters implies a duty to compile a reasonably accurate and credible register.

“This is important because the right to vote is sacred and exclusive to Ghanaians, and the EC must indulge in all safety, legal, and regulatory measures to ensure that all eligible Ghanaians get the opportunity to register,” he said.