The judge, Laurenda Owusu, said she will rely on the relevant provisions in civil procedure rules, CI 47 and all the processes filed to deliver its ruling on the set date.

[contextly_sidebar id=”TTYO4Smdyd3ehMjOaB96uNfx3YMPbaiD”]The suit before the court was initiated on behalf of the workers by the Ghana Mine Workers Union (GMWU).

In the writ, the workers are praying the court to restrain Goldfields from going ahead with the intended redundancy exercise until all the stakeholders involved reach a consensus.

They are also seeking a declaration from the court that the redundancy exercise is “unlawful” because the reasons given by the mining giant to lay them off do not meet the “requirements, conditions or grounds for redundancy, as provided by Section 65 of the Labour Act, 2013, Act 651’’.

The workers further want the court to declare that the purported authorisation of the redundancy exercise by the Chief Labour Officer is “illegal, unlawful and null and void’’.

Background

In December 2017, Goldfields Ghana Limited revealed it was going to lay off about 1,500 workers as part of measures to change its business model and make the company profitable due to the relatively short lifespan of the mine.

But the Deputy General Secretary of the Ghana Mine Workers Union, Abdul Moomin Gbana, at the time said the reasons given by Goldfields were inconsistent with the facts on the ground.

“Goldfields claims the life of the mine is 5 to 6 years, and based on the limited time, they cannot invest in mining fleet… It can actually run for a number of years and you don’t necessarily need to replace the fleets that Goldfields claims it wants to do.”

“Records available to us indicates that, contrary to their claim of the life of the mine of 5-6 years, they have over 15 years of mine and so the question is, if your choice of contract mining is based on a limited life of mine and your own website projects 15 years, then, the question is, who are you misleading,” he argued.

This was the second time in three years that the mining firm embarked on a massive retrenchment exercise.

A 2014 exercise saw some 400 of its workforce laid off.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Court to rule on fate of laid-off Goldfields staff March 2 appeared first on Citi 97.3 FM - Relevant Radio. Always.

The lawyers made known their frustration following another adjournment of the case due to the unavailability of the prosecutor.

The case which commenced three years ago, has faced several adjournments due to the inability of the prosecution to furnish the court with the advice of the Attorney General’s office on how the prosecution should proceed with the case.

The delay caused the lead lawyer for Bulldog, Jerry Avenorgbor, to ask for a discharge of his client for want prosecution which was dismissed by the court during the last hearing of the case a fortnight ago.

Bulldog was put before the court for allegedly being responsible for the murder of Fennec Okyere, a music producer in May 2014 at his residence.

He was charged with conspiracy to murder and murder.

Bulldog has however been admitted to bail by the Human Rights Court, a division of the High Court.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Bulldog’s lawyers frustrated by delays in Fennec case appeared first on Citi 97.3 FM - Relevant Radio. Always.

The court, presided over by Justice Laurenda Owusu, said the order remains in “force for a period of only 10 days after which the application may be repeated on notice to the other side.”

[contextly_sidebar id=”XB4DkwUxKj9zb1WE8BjDQ8GkBcALeLTR”]A private citizen, Joseph Nelson, filed a suit to challenge the decision of the Agency to transfer, demote and reassign some staff of the Agency.

Counsel for the plaintiff, Samson Lardy Anyenini Esq. in the suit prayed the court for the order to restrain the defendants; the Youth Employment Agency and the Attorney General from carrying out the decision against the staff.

According to him, the Agency did not follow due procedure in undertaking the exercise.

He said the Agency did not make arrangements for the transportation or accommodation for the affected staff despite issuing them a 7-day ultimatum to vacate their respective positions.

Massive transfers hit YEA after payroll fraud

YEA in June 2017 issued a notice of mass transfer of some of its staff, explaining that it was part of an “ongoing restructuring exercise to reposition the Agency for higher productivity.”

The acting Chief Executive Officer (CEO), Justine Kodua Frimpong, in justifying the decision told Citi News that it will go a long way to rid the agency of corruption.

“When we realized that there were several inefficiencies in the system, we tried to look at how best we can rectify all those challenges to make sure that the agency is in the position to be able to perform its duties efficiently. So everything that we are doing as management is to make sure that the agency performs its work efficiently,” he said.

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By: citifmonline.com/Ghana

The post Court stops YEA from mass transfer of staff appeared first on Citi 97.3 FM - Relevant Radio. Always.

The five panel of justices presided over by Justice Jones Dotse, deferred the reasons for their decision.

Constable Tetteh Samadzi was arrested together with one Foster on Friday March 6, 2009, for a robbery incident at Pokuase in the Greater Accra Region.

[contextly_sidebar id=”lgqYad3tGkwtevz2G1qFPW8OyE95Cf1d”]He was interdicted and was subsequently found guilty of the offence by a High court which sentenced him to a prison term of fifteen years.

Lawyers for the former police officer appealed the case but did not succeed, before they proceeded to the Supreme court for redress.

The constable, allegedly chauffeured the gang of robbers in a Volkswagen Golf with registration number GT 2472 R, and told irate youth who were then searching for the robbers that he was called by Foster to help in the search for the criminals.

According to one of the robbery victims, Samadzi was part of a gang of four men who came to his house at about 1:00am on Independence Day and robbed him of GH¢250, two mobile phones and a DVD player.

He said his door was forcibly opened with concrete blocks and shots from sophisticated weapons were fired indiscriminately during the robbery, holding everyone spellbound. He was also beaten to pulp by the robbers, he noted.

Also, at about 3:00am that same day, the gang robbed one Evans Boakye, a newspaper vendor at the same location, and bolted with three phones and an amount of GH¢150.

At the time of their arrest, an AK47 rifle, a pistol, as well as live and spent cartridges were found in the car which had a police sticker on the windscreen.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Supreme Court frees police officer jailed 15-yrs for ‘robbery’ appeared first on Citi 97.3 FM - Relevant Radio. Always.

A Magistrate Court in Ho on Thursday, March 9, 2017, declined jurisdiction in the case saying it was above its jurisdiction.

[contextly_sidebar id=”tsN5yfPuOLNOIzHlHkTJ840Q5W9rvKbW”]Lawyer for the accused persons, Atsu Agbakpe, confirmed the latest development on Eyewitness News, adding that the court had granted his clients bail.

Mr. Agbakpe insisted that the charges against his clients were without merit because as he said, their actions did not fall under the umbrella of treason.

He argued that, treason comes into play when you wage war against the state, or you use violent means or you assist someone to use violent means to overthrow the state.

“When you read article 19 (18) of the 1992 constitution, it says that when you lawful means such as a petition, court order or you lobby for such to be done, it has nothing to do with treason. Thinking of separation is not treason by itself but the means by which you want to achieve it is where the offence comes from.”

His clients are part of the Homeland Study group Foundation which has over the past year been campaigning for the separation of parts of the Volta, Northern and Upper East regions to form the Western Togoland state, which they claim existed before Ghana’s independence in 1957.

Founder of the group, Charles Kormi Kudjordji, and two others, Martin Asiama Agbenu and Divine Odonkor, were arrested and charged with treason.

Police yet to provide proof of treason

Mr. Agbakpe said he was not part of the movement, and did not know how his clients seek to achieve their aim, but he argued that the police are not making reference to their methods as a basis for the treason charges.

“The fact that the people are speaking for separation doesn’t spell treason. It has nothing to do with treason. Police are trained to investigate and gather intelligence so they should take their time to ascertain how they want to achieve their goal.”

“I am not saying the wrong should have been done before they take action, but they should have come to tell the court that this is the means the people want to use to achieve their grievances,” he added.

Another legal practitioner on Eyewitness News, Ace Ankomah, outlined the various kinds of treason per Ghana’s laws as High treason under Article 3(3) of the constitution, Treason on its own, and Treason Felony per section 182 of the criminal offense act.

With respect to the group’s agenda, Mr. Ankomah is of the view they have not yet crossed into the territory of treason as yet, but any further steps would most likely fall foul of the law.

“If you seek to take a portion of the land of Ghana, you will be hard pressed to show how you can do that lawfully unless all you are going to do is to argue that maybe we should have a plebicite for you to decide whether or not you want to remain part of Ghana.”

“If they were to get up and declare themselves independent, that would take them into the realm of treason felony or treason itself. If the government says it would not agree with your declaration of independence, are you going to fight back; that leads you to the level of high treason and treason itself.”

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

The post Volta ‘break-away’ case brought before high court appeared first on Citi 97.3 FM - Relevant Radio. Always.

The court postponed the judgment, scheduled for today [Thursday], because the presiding Judge, Justice Anthony Yeboah, could not prepare his judgment due to ill-health.

The lawsuit challenging the powers of the Police was brought by a private citizen, Edmund Addo, whose laptop was seized by the Police and subjected to a vivid search to his displeasure, in an ongoing defilement case at the circuit court.

The lawyer for the applicant, Justice Srem Sai, did not raise any objection to the court’s inability to present its judgment.

He rather indicated he and his client were ready to give the court the maximum time it needs to prepare and deliver its judgment.

Mr. Sai also added that, the reliefs they were seeking for, could affect future cases hence their readiness to wait for the decision of the court.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Judgement over police access to seized gadgets deferred appeared first on Citi 97.3 FM - Relevant Radio. Always.

The adjournment followed the inability of the witnesses for the state to appear in court due to circumstances beyond his control.

According to the mother of Nayele, the said property belongs to her and not her daughter [Nayele].

[contextly_sidebar id=”UO6nacJc5mNtcQq9fX5q7scJDYoPSbHg”]The confiscation of the property located at East Legon, became an issue for legal tussle despite a court ordering the Narcotics Control Board, (NACOB), to seize it when the mother of the cocaine trafficker resisted claiming it belong to her.

An Accra High Court last Wednesday ordered the confiscation of properties of Nayele Ametefe also known as Ruby Adu-Gyamfi.

Nayele, who is currently serving eight years, eight months jail sentence in the United Kingdom, was arrested on November 10, 2014, at the Heathrow Airport in the United Kingdom, by officers of the UK Border Force with 12.5 kg of cocaine worth $5million in her hand luggage.

The 33-year-old, who pleaded guilty to carrying 12 kilos of cocaine to the United Kingdom, was sentenced on her own plea by the Isleworth Crown Court in London on January 2015.

The sentence was discounted because of her early guilty plea.

Prosecutors said the cocaine carried by Nayele had a purity of 78%, and a street value of 1.872 million Pounds.

The prosecutors told the court Nayele had $23,000 and an additional 6,000 Pounds in her handbag when she was arrested.

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By: Fred Djabanor/citifmonline.com/Ghana

The post Confiscating Nayale’s assets; court adjourns case appeared first on Citi 97.3 FM - Relevant Radio. Always.

“We will go to court but I don’t want to hold the whole country to ransom, [so] I will not put an injunction on the election but I will seek for justice to be delivered to me and to the whole world to know that that people cannot take the law into their own hands and do whatever they want and walk away with it,” he said.

Mr Ayariga, who was first disqualified by the Electoral Commission alongside 11 others, failed to meet the set criteria again, despite a Supreme Court order which presented them with a second opportunity.

[contextly_sidebar id=”ek948Qj485JmrTv3pOB16oj1ZuvNkuH9″]Addressing the press today [Friday] at the party’s headquarters in Accra, Mr. Ayariga explained that going to court will afford him the opportunity to seek justice.

“We want justice for our nation; we want justice for the many million Ghanaians who are before me and around me. It is not about Hassan Ayariga and the EC, it is about our nation and all of you want to see that justice is delivered. In mathematics, once you get one equation wrong, no matter the formulas you use, the end result will be wrong. So if we allow the virus of the EC to affect Hassan Ayariga it will affect the rest of you in the future and we don’t want that to happen so let’s correct the virus now.”

We’ve spent millions on campaign

The APC flagbearer further lamented the millions of Ghana cedis his party invested in campaigning ahead of the December polls.

“The APC has spent millions of cedis to get to where we are. This is a serious political party and after a month after we have campaigned throughout and when its left with one month to the election then you come out to disqualify political leaders and you say you are following the regulation C.I. 94 (9)(2b). Yes but you only follow the path that suits you and the path that doesn’t suit you, you don’t care. But we will use the same regulation C.I. 94 (9) (2b) to make sure that justice is delivered to APC Dr. Hassan Ayariga and our election,” he added.

Charlotte Osei must resign

He also called on the EC Chair to resign for committing what he termed as the worst mistake ever in the history of Ghana.

“Whoever appointed her was the worst mistake Ghana has ever done in our history and for that matter we are calling immediately for her resignation that she is not qualified, her institution is no more credible, not free, not fair, to supervise the general election.  And if we proceed with this woman whatever comes our faith we should accept it in good faith because we have called for it.”

Background

Hassan Ayariga was disqualified from the contest because some of the subscribers to his nomination form also endorsed other candidates in the contest.

He further sued the EC at the High Court where he prayed the court to order the EC to rope him back into the race.

Though he won the case, the EC took the matter to the Supreme Court after losing a similar case against the Progressive People’s Party.

The Supreme Court in its judgment on Monday, November 7, 2016 extended the deadline for submission of nomination forms allowing the 12 disqualified presidential nominees to amend their forms, however, Mr. Ayariga was again kicked out of the race by the EC.

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

The post I won’t hold Ghana to ransom but… – Hassan Ayariga appeared first on Citi 97.3 FM - Relevant Radio. Always.

Mr. Ayariga was disqualified from the 2016 presidential contest because some of his subscribers also endorsed other candidates in the race; but an Accra High Court on Friday directed the EC to give him the chance to amend his forms.

[contextly_sidebar id=”7sXBt8uVDuBsWSANdAr4eKpoMiKm2f86″]Speaking to the media after the judgment, Mr. Ayariga was grateful for the victory.

“Ghanaians today have witnessed a very successful event which demonstrates to the whole world that our laws are working. No matter who you are, when you have any issue, you can always go to court for redress. I am very proud that democracy is really working in this country. I am very proud that rule of law in Ghana is working.”

Mr. Ayariga said he and his team really prayed to God for a favourable judgment.

“We thank the Almighty God. Today we must all believe in God. We have prayed and prayed that the court will give us justice.”

“When asked when he would visit the EC to have his form amended, Mr. Ayariga said “we have given the EC the corrected form but they rejected it.  We did the correction immediately they told us that we were disqualified; we gave them two subscribers to substitute the two so we don’t have to go to the Electoral Commission.”

Background

Lawyers for the APC had earlier in court accused the EC of deliberately disqualifying Hassan Ayariga.

Hassan Ayariga had earlier blamed the National Commission for Civic Education (NCCE) for his disqualification from the 2016 presidential.

Ayariga said the NCCE failed in its duties to educate electorates well enough hence the mistakes on the nomination form.

“Given the doubt that whatever the EC said was true, I am coming from the PNC and there are members of the PNC that have moved from the PNC to ignorantly do those common mistakes. It is the duty of the NCCE to have educated the people on how to subscribe so for us; that fault does not lie on political parties but the NCCE, which Charlotte Osei was the former boss.”

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

The post My victory shows Ghana’s democracy is working – Hassan Ayariga appeared first on Citi 97.3 FM - Relevant Radio. Always.

An Accra High Court on Wednesday, struck out a case in which the PPP was protesting a GHc50,000 and GHc10,000, fixed by the Electoral Commission as filing fees for presidential and parliamentary candidates respectively, as part of the nomination process.

The court said it lacked jurisdiction to hear the matter, hence its decision to strike out the case.

[contextly_sidebar id=”fvnxhDshONdRYsP5axiB3H75vhwY44Kx”]The court further fined the party GHc10,000. But General Secretary of the PPP, Mohammed Murtala, told Citi News “it is not over, we will pursue it” at all cost.

“I’m not sure if the party will have the strength to pursue it before the election, but we will pursue it,” he added.

Mr. Murtala argued that, they protested the filing fee in court in the interest of Ghanaians.

“We have told Ghanaians several times that it is not really an issue about the cost; we want to establish that those discretionary powers given to state institutions are not applied arbitrarily, that’s the point. It has nothing to do with payments.”

“And we’ve told Ghanaians we can pay; and we have done that, but we want to prove the point that discretionary powers are not applied arbitrarily, you don’t just sit down and decide and slap people with a thousand percent increment without going through some consultation. So that is our argument and the basis for which we went to court. So it is not over. We will pursue it,” he added.

Background
The party filed an interlocutory injunction at the High Court on September 19, seeking to restrain the EC from going ahead with the receipt of filing fees from presidential and parliamentary candidates a day before the date scheduled for filing.

The injunction prevented the EC from receiving the filing fees of the various parliamentary and presidential hopefuls, though it accepted the filing fee of the PPP flagbearer, Dr. Papa Kwesi Nduom, who was represented by the party’s Chairman, Nii Allotey Brew-Hammond.

But the Commission was later given the go-ahead by the court to collect the filing fees.

The PPP, among other things, was seeking a declaration that Regulation 45 of C.I. 94 which allows the EC to fix an amount as filing fee is discriminatory, arbitrary, capricious and unreasonable.

Some aggrieved parties had earlier asked the EC to review the amount describing it as “exorbitant.”

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

The post We may pursue filing fee case after election – PPP appeared first on Citi 97.3 FM - Relevant Radio. Always.