In a fresh application to the Supreme Court dated March 23, 2018, Dr. Ayine filed an application of leave from the Supreme Court to make available some aspects of the parliamentary debate that preceded the passing of the Office of the Special Prosecutor Act, with a view of assisting the court in its determination of the case.

[contextly_sidebar id=”SmwFAYp7xMCMp8YqqGrmWC5nqdgKLGf0″]But in response to the application, Martin Amidu argued that the rules of procedure at the Supreme Court do not allow Dr. Ayine and his lawyers to file such an application.

In a response to Dr. Ayine’s move, Martin Amidu said the fresh application was in bad faith.

While insisting that Dr. Ayine’s process was alien to the rules of the Supreme Court, he stressed that, the “Plaintiff in filing this application for leave to file Supplementary Statement of Case is unknown to any provision under PART FOUR of the Supreme Court Rules, 1996 (C. I. 16) , particularly Rules 46 and 48 thereof or any other Rules of the Supreme Court dealing with the invocation of its Original Jurisdiction.”

Martin Amidu said it was wrong for Dominic Ayine to seek to improve his cause after the defendants; himself and the Attorney General, have entered their defences without amending their statement of case.

“I believe that the Plaintiff caused the application for leave to be filed in bad faith and with the sole object of substantially changing the content of the plaintiff’s Writ and Statement of Case without allowing the Defendants an opportunity to answer same in an orderly manner in an amended Statement of Defendants’ Case or challenge same for introducing a new cause of action all together,” Martin Amidu said.

‘Amidu too old to serve’

Dr. Dominic Ayine, in February 2018, filed a suit at the Supreme Court, contending that Martin Amidu, who is 66 years of age, is too old to hold public office as Special Prosecutor based on Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution.

In his argument, he said the Office of the Special Prosecutor falls under the broad category of public officers who by the constitution must retire by age 60, or latest by age 65, via an extension.

But Martin Amidu, who has been vetted and approved by Parliament and also sworn-in by President Akufo-Addo, in his response to the suit, said Dominic Ayine had failed to “point to a single provision in the Constitution or Act 959 that states that the Special Public Prosecutor’s office shall be a public office and shall retire at the age of 60 years as was the case in Appiah Ofori’s case.”

He explained that Section 13 of Act 959 of the Office of the Special Prosecutor Act is not amenable to the provisions of Article 199 of the 1992 Constitution, which deals with the retiring age of public servants “because the Special Prosecutor and the Deputy Special Prosecutor are not appointed under Chapter 14 of the Constitution.”

The first hearing of the substantial case is yet to be held.

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By: Jonas Nyabor/citifmonline.com/Ghana

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According to the Reuters News Agency, management of uniBank is of the view that the BoG did not meet the requirement to notify them before announcing the takeover.

[contextly_sidebar id=”OguAHlKcUd8BMyxDQZdzqEgJKVkUd8Ir”]A legal adviser to uniBank, Dominic Ayine, made known this intent saying “We intend to go for arbitration.”

It is as yet unclear where the bank will pursue this arbitration.

Dr. Ayine has confirmed this decision to Citi News off record, but has refused to give further details.

BoG, KPMG takeover

The Bank of Ghana announced that it had appointed private audit firm KPMG Ghana, as the administrator when it announced it had taken over the management of uniBank.

According to the central bank, it took the decision to save uniBank from collapse.

The BoG in a statement said, KPMG, as the official administrator, will play the key role of assuming control of the bank and all its branches and “carry out the responsibilities of the shareholders, directors, and key management personnel of uniBank.”

It stated that during the period of official administration of uniBank, “the bank will remain open for business under the management and control of KPMG overseen by the Bank of Ghana, and is not being closed and liquidated.”

uniBank was found to have persistently maintained a negative capital adequacy ratio below zero making it technically insolvent.

This contravened the 10% minimum capital adequacy ratio required.

uniBank also suffered liquidity shortfalls and consistently breached its cash reserve requirement.

As a result, uniBank relied extensively on liquidity support of over GHS 2.2 billion from the Bank of Ghana over the past two years to meet its recurring liabilities.

The BoG revealed that uniBank had failed to comply with a directive from the BoG to stop granting new loans whilst also and deliberately concealing some liabilities from its balance sheet.

uniBank also failed to comply with several other regulatory requirements, including lending to a number of borrowers in excess of its regulatory lending limit.

Before all this, uniBank was one of nine banks identified after the asset quality review exercise undertaken in 2016, to be significantly under-capitalized with a capital asset ratio of 4.75%.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post uniBank to challenge takeover by BoG appeared first on Citi 97.3 FM - Relevant Radio. Always.

Martin Amidu, who is a member of the party, said in his response to the suit brought against him that, the NDC officials are seeking to derail efforts being made to root out corruption in the country.

[contextly_sidebar id=”HyrvGXziEO3ObGorTvsIGVrtNBk0zHmy”]“To the best of my knowledge, information and belief, the Plaintiff [Dominic Ayine] brought this action in his name fronting for the immediate past Government to set at naught the popular wishes of the majority of the Ghanaian electorate who see the President’s acceptance of the nomination of the 2^nd Defendant [Martin Amidu] as Special Prosecutor, as being in the national interest to attack the canker of corruption in the body politic,” Martin Amidu indicated in his affidavit verification sighted by Citi News.

“[Dominic Ayine] was also the immediate past Deputy Minister for Justice for less than four years in the immediate past Government that was overwhelmingly defeated in the last elections on 7^th December 2016….the legal firm of Lithur Brew and Company now representing the Plaintiff [Dominic Ayine] are also the lawyers for former President, John Dramani Mahama: the immediate past Attorney General, Marrita Opong Brew-Appiah was and is a member of the law firm as well as Tony Lithur who was also appointed by the former President as Chairman of the lucrative Ghana Airport Company Limited during his tenure of office and also holds himself out as the personal lawyer of the former President,” Martin Amidu noted.

‘Amidu too old to serve’

Dr. Diminic Ayine in February 2018 filed a suit at the Supreme Court, contending that Martin Amidu, being 66 years of age, is too old to hold public office as Special Prosecutor based on Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution.

In his argument, he said the Office of the Special Prosecutor falls under the broad category of public officers who by the constitution must retire by age 60, or latest by age 65, via an extension.

But Martin Amidu, who has been vetted and approved by Parliament and also sworn-in by President Akufo-Addo, in his response to the suit said Dominic Ayine had failed to “point to a single provision in the Constitution or Act 959 that states that the Special Public Prosecutor’s office shall be a public office and shall retire at the age of 60 years as was the case in Appiah Ofori’s case.”

He explained that Section 13 of Act 959 of the Office of the Special Prosecutor Act is not amendable to the provisions of Article 199 of the 1992 Constitution, which deals with the retiring age of public servants “because the Special Prosecutor and the Deputy Special Prosecutor are not appointed under Chapter 14 of the Constitution.”

The first hearing of the case is yet to be held.

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By: Jonas Nyabor/citifmonline.com/Ghana

The post Ayine suit sponsored by NDC officials – Amidu appeared first on Citi 97.3 FM - Relevant Radio. Always.

Mr. Fuseini insisted on Eyewitness News that the though the Minority was in support of the appointment of Mr. Amidu, Dr. Ayine was entitled to defend the provisions of the constitution on his own.

[contextly_sidebar id=”dWyqNAAxza7hOJJ1ZzLOeThBfGOONT78″]Dr. Ayine, a former Deputy Attorney-General, unsuccessfully tried to get the Speaker of Parliament to defer the approval of Mr. Amidu on Tuesday, until the Supreme Court rules on his lawsuit, in line with Parliament’s Standing Orders 93(1).

“If he sees a breach of the Constitution, Dominic Ayine has a civic duty to challenge it,” the Tamale Central MP stated.

“We [the Minority] are very lucid in our thinking. We know exactly the position of the law. We have said that we support Martin Amidu. We will support him and we have passed him. We didn’t vote against him. But we are saying we will also uphold the laws of the Republic of this country and we will not condone illegalities,” Mr. Fussein explained further.

“The rule of law is as important for the substantive law as it is for the procedure. So in all the motions and the steps you have to take, you can arrest the work of the Appointments Committee or the nomination of the President and that is what Dominic Ayine sought to do.”

‘Too old’

Dr. Ayine’s suit at the Supreme Court contends that Mr. Amidu, being 66 years of age, is too old to hold public office as Special Prosecutor per what the constitution says.

He is seeking a declaration that Mr. Amidu is not qualified or eligible to be nominated as the Special Prosecutor.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post Minority not divided over Ayine’s suit against Amidu- Inusah appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to him the matter, bordering the age of appointees who are not already public servants, had been a long-standing issue and that the attempt by Dr. Ayine to have it resolved once and for all is commendable.

Dr. Dominic Ayine on Monday February 12 2018, filed a suit at the Supreme Court to challenge the nomination of Martin Amidu for the position of Special Prosecutor.

[contextly_sidebar id=”RqqxkwYElBF5923WpTzyHjV2i8Prq7Dj”]In his suit, Dr. Ayine argued that Mr. Amidu, being 66 years of age, is too old to hold public office per what the constitution permits.

He is thus seeking a declaration from the Supreme Court that Mr. Amidu, “is not qualified or eligible to be nominated as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).”

Despite the suit, Parliament’s Appointments Committee went ahead to vet Mr. Amidu on Tuesday, February 13, 2018, with the Chairman of the Committee, Joseph Osei Owusu, claiming that the House had not been served with any writ.

Speaking on the Citi Breakfast Show on Wednesday, Mr. Adom Otchere said he was surprised Dr. Ayine did not stop the committee from proceeding with the vetting, saying there is a precedent to that effect.

The broadcast journalist said he wondered why Dr. Ayine did not push for such a move “because he could have done that.”

“There is precedent for that in the J.H. Mensah and the Attorney General [case], an old case at the Supreme Court where the Minority in Parliament wanted to prevent Mr. Kwame Preprah the Finance Minister [then] from reading the budget because they felt that he had not been properly approved by Parliament. Now they served the writ to the Speaker in the morning of the budget and the Speaker withheld the budget.”

“It is a very important matter because that matter has never been really settled at the court level in terms of the people presidents appoint who are not ministers or deputy ministers, what kind of age are permissible and what kind of age is not permissible. So yes… I commend Ayine for attempting to regulate this issue once and for all,” he added.

Amidu’s performance

On Amidu’s performance at the Appointments Committee, Paul Adom Otchere said he performed creditably well saying “I get the sense that the people of Ghana are very happy with Martin Amidu.”

He also commended the Appointments Committee for asking research inclined questions on Amidu during the vetting on Tuesday.

“I think it was good, excellent. Many people are commending the parliamentarians, indicating that they had done some research especially by reading some of his epistles as he called them then, or articles. So that was commendable,” he added.

Suit against Amidu’s SP nomination not out of fear – Ayine

Dr. Dominic Ayine has said his lawsuit is not influenced by fear of prosecution as suggested.

Speaking on Eyewitness News, Dr. Ayine, an appointee in the Mahama government, said such insinuations were without basis because prosecutorial powers were not limited to just the Special Prosecutor.

“…The reason is simply that it is not only Martin Amidu who can prosecute us. There are countless human beings that his excellency Nana Akufo Addo can appoint to prosecute us… The fact that he is a member of the party does not make him a repository of information about the dealings of our ministers and appointees. So it is pointless for anybody to start to think that we are afraid of him because he is coming from inside,” Dr. Ayine explained.

Aside from this, Dr. Ayine said the idea of Mr. Amidu as the Special Prosecutor was just over-hyped unnecessarily.

“…so why should we be afraid of Martin Amidu or any other person coming to be Special Prosecutor. This whole thing is over-hyped and that this whole thing about the fear of Amidu is not something we should be dwelling on.”

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Suit against Amidu’s age good for posterity – Adom Otchere appeared first on Citi 97.3 FM - Relevant Radio. Always.

Speaking on Eyewitness News, Dr. Ayine, an appointee in the Mahama government, said such insinuations were without basis because prosecutorial powers were not limited to just the Special Prosecutor.

[contextly_sidebar id=”xi9qHK5wvpsL3Pm3Lr06vKO4GTx2ukid”]He also said the fact Mr. Amidu is a member of the National Democratic Congress (NDC) does not give the man, nicknamed the citizen vigilante, some kind of edge.

“…The reason is simply that it is not only Martin Amidu who can prosecute us. There are countless human beings that his excellency Nana Akufo Addo can appoint to prosecute us… The fact that he is a member of the party does not make him a repository of information about the dealings of our ministers and appointees. So it is pointless for anybody to start to think that we are afraid of him because he is coming from inside,” Dr. Ayine explained.

Aside from this, Dr. Ayine said the idea of Mr. Amidu as the Special Prosecutor was just over-hyped unnecessarily.

“…so why should we be afraid of Martin Amidu or any other person coming to be Special Prosecutor. This whole thing is over-hyped and that this whole thing about the fear of Amidu is not something we should be dwelling on.”

“We should be dwelling on whether or not there is a strong commitment on the part of all of us as country to fight the canker of corruption, not about individuals who we think will work the magic. I don’t think any magic is going to be worked just because some individual has been appointed,” Dr. Ayine added.

Dr. Ayine’s lawsuit contends that Mr. Amidu, being 66 years of age, is too old to hold public office, under which the Special Prosecutor’s position falls.

The defendants in the suit are the Attorney General, Gloria Akuffo, and Mr. Martin Amidu, the nominee himself.

Dr. Ayine is seeking a declaration that, via the interpretation of Articles 190(1)(d), 199(1), 199(4), and 295 of the 1992 Constitution, that retirement age of all holders of public office created pursuant to Article(1)(d) is 60 years, thus Mr. Amidu is not qualified or eligible to be nominated as the Special Prosecutor.”

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post Suit against Amidu’s SP nomination not out of fear – Ayine appeared first on Citi 97.3 FM - Relevant Radio. Always.

Gloria Akufo added that, in order for this to be realized, the Office needed to be made independent of all interference from political actors and the Attorney General’s department.

[contextly_sidebar id=”uBaFqCbhNyOu6psiF1YJ3fID1sWIr2sa”]She made these remarks at the second reading stage of the Office of the Special Prosecutor Bill in Parliament.

“The independence of the Office of the Special Prosecutor is secured by insulating the office from the direction or control of a person or an authority in the performance of a function of the office,” she said.

“The Bill also spells out the mandate of the Office of the Special Prosecutor. This includes the investigation and prosecution of cases of alleged corruption under the Public Procurement Act, and other corruption offences implicating public officers, politically-exposed persons and individuals in the private sector implicated in the commission of the offence, and the recovery of proceeds gained from the commission of corruption-related offences in order to make corruption very unattractive in this country.”

Gloria Akuffo explained that, the Bill would grant certain powers to the Special prosecutor, mandating them to, among other things, order the seizure of properties or the freezing of accounts belonging to persons under investigation.

She added that, staff of the Office of the Special Prosecutor would also be able to invite persons of interest to any investigation for questioning.

“The Special Prosecutor is empowered to request the presence of a person or representative of an entity whose affairs are to be investigated or any other person the Office considers necessary to assist them with information relevant to the matter being investigated by the Office,” she explained.

“The Bill further specifies how the Office of the Special Prosecutor is required to deal with the proceeds of corruption. An authorized officer is empowered to seize properties reasonably suspected to be tainted with corruption or corruption-related offences.”

Anti-corruption campaigner, Martin Amidu, had earlier punched holes into the much-hyped Special Prosecutor Bill, which government intends to use as a tool to fight corruption among state officials.

In a 25-page paper critiquing aspects of the Bill, Amidu questioned the inclusion of a clause that seeks to limit the Special Prosecutor to specific crimes.

“The attempt to distinguish types of corruption offences that may be investigated and prosecuted by the Special Prosecutor sends the clear message to Ghanaians that the President and his Government now accept that certain types of corruption offences are not serious for prosecution or at least to be prosecuted by the Special Prosecutor,” he added.

Former Deputy Attorney General, Dr. Dominic Ayine has also raised constitutional issues with the Bill, which he feels must be corrected in the interest of the country.

“One could drive a truckload of constitutional issues through the Bill,” the Bolgatanga East Member of Parliament said.

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By: Duke Mensah Opoku & Edwin Kwakofi/citifmonline.com/Ghana

The post Special Prosecutor will make corruption unattractive – AG appeared first on Citi 97.3 FM - Relevant Radio. Always.

He said, “it will not be in your interest to do so.”

[contextly_sidebar id=”mw1c6kr0tMkqdEp30aMuwZ3ZAilTSotf”]The joint team is expected to clamp down on the illegal activity in the Ashanti, Eastern and Western Regions.

Dominic Nitiwul in an address at the launch of the anti-galamsey operation coded “operation vanguard” said the state was behind the task force hence the team must not be challenged.

“I will make it straight to the people who are daring the task force not to do that because the country is behind the task force. Don’t dare them. It will not be in your interest to dare them… They will do everything and anything to make this mission a success,” he said.

The Minister lamented that illegal mining has destroyed many water bodies in the country and lands meant for farming and must not be allowed to continue.

He added that previous efforts at addressing the problem involved troops sent on a few day’s mission but the “operation vanguard” are to stay in the affected arrears and execute the charge to the letter.

“I hope that when we tell this story, it will be a story of success…You are being tasked to go and stay and stop this. I know that the men and the women of the Ghana Armed Forces are professional, and the men and women of the Ghana Police Service are professional and you will do a professional job… We believe that this group will stop illegal mining and stop it forever.”

The deployment of the joint military and police team is another major step in the fight against the illegal activity that has become of great concern to many Ghanaians.

Many have expressed the belief that the involvement of the military in stopping illegal mining popularly known as galamsey, will achieve more results and ultimately help stop the menace across the country.

Dominic Nitiwul has in the past expressed his desire to authorize the deployment of military personnel to stop the activity.

He said at the launch of the operation that the government will provide all the necessary resources to ensure that the team succeeds in the operation.

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By: Jonas Nyabor/citifmonline.com/Ghana

The post Don’t dare anti-galamsey soldiers – Nitiwul warns appeared first on Citi 97.3 FM - Relevant Radio. Always.

President Akufo Addo during an encounter with the media, on Tuesday, served notice of the possible prosecution of former government officials alleged to have engaged in corrupt practices.

He revealed that his government is in the process of building evidence to ensure that the various alleged cases of corruption leveled against members of the previous administration are thoroughly prosecuted.

[contextly_sidebar id=”mRiNdKSLhQZ8Cs1zG78pZmvnDho3PbRZ”]The President indicated that these cases will be pursued because “they have been well-researched and there is a strong evidence of wrongdoing which a court of law can reliably use to convict.”

But Dr. Ayine in a rebuttal to President Nana Addo’s comments, pointed out that these cases will remain mere allegations until they are brought before court.

“I am not worried…If there is any evidence of corruption on the part of any government official I think it is only right that we only comply with the law,” Mr. Ayine said.

President Nana Addo during the 2016 election expressed his commitment to fight corruption by ensuring that persons indicted in various corruption scandals under the previous administration face the law.

As part of efforts to implement this promise, the NPP administration introduced the idea of setting up the Special Prosecutor to deal with these cases.

The Special Prosecutor Bill which was laid before Parliament on Tuesday is expected to be deliberated by legislators before its passage.

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By: Marian Ansah/citifmonline.com/Ghana
Follow @EfeAnsah

The post Bring it on: Ayine dares Gov’t over prosecution of former NDC officials appeared first on Citi 97.3 FM - Relevant Radio. Always.

According to the Deputy Attorney General, Dr. Dominic Ayine, the Bill has been reworked, leaving it with only thirty two amendments that makes for easy perusal and passing by Parliament.

There has been pressure on Parliament to pass the Bill which is expected to grant citizens greater access to public information.

[contextly_sidebar id=”gs0xqGxZSZg7erZrNzlsimTnFh7B8Zrq”]Dr. Dominic Ayine in an interview with Citi News said, Members of Parliament can still propose amendments to the Bill in parliament.

“Because of the urgency with which parliament and of course the executive wants to pass the Bill, the strategy that we adopted was to withdraw the Bill and incorporate the numerous amendments that had been discussed and agreed upon by consensus in the house,” he said.

Dr. Ayine, who is also the Member of Parliament for Bolgatanga, said “Members are still at liberty to exercise their right and propose amendments on the floor, but we are hoping that the 32 amendments will be the ones that will be considered by the house in an expeditious manner so that the Right to Information Bill can be passed into law.”

He added that, although the AG has not called for the Bill to be debated under a certificate of urgency, it is impressing upon the house to do so due to the high public interest.

“We haven’t proposed that it should come under a certificate of urgency, but the Attorney General has impressed upon parliament that it is urgent that we pass the Bill,” he noted.

He said that the Attorney General is taking the urgent steps ensure that Parliament passes the Bill before it rises on Thursday 3^rd November, 2016.

‘Coalition threaten demo over Right to Information Bill’

The Right to Information Coalition, had earlier threatened to stage a protest to against government over the delay in the passage of the Bill.

The Coalition said they sought to impress upon the Mahama-led government to expedite action on the passage.

President Mahama at a UNESCO program in France last month, said he is frustrated at the continuous delay in the passage of the Bill.

But the Executive Director for POS Foundation, Jonathan Osei-Owusu, described as unfortunate President Mahama’s claims he does not know the current stage of the Bill.

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By: Jonas Nyabor/citifmonline.com/Ghana

The post Expedite action on RTI Bill – AG to Parliament appeared first on Citi 97.3 FM - Relevant Radio. Always.