Some major court cases in 2023

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In February 2023, Dr Seth Appiah Kubi, the National Director of Arocha Ghana, said the exploration activities in the Atewa Forest did not only undermine the ecosystem of the watershed, but also the human dignity of Ghanaians. He said it affected, polluted, and destroyed the source of three rivers, which supplied water to more than five million Ghanaians, including the Weija Dam. Dr Appiah Kubi, an Environmentalist, speaking under cross-examination led by Leona Johnson-Abassah, a State Attorney, said Arocha Ghana might not be the Organisation to determine the legality or otherwise of mining exploration in the forest, but 'when the law is contravened, we all can see it and we can cry foul'. Arocha Ghana and 10 other plaintiffs were challenging the Government's move to mine bauxite in the Atewa Range Forest, contending that the government was undertaking mining activities in the Forest without mineral rights. Again in the same month, Justice Clemence Jackson Honyenuga, the Judge trying Dr Stephen Opuni, a F ormer Chief Executive of COCOBOD and two others, said he had little time left to see the case to its logical conclusion and lamented about the frequent adjournments. Justice Honyenuga said that after Mr Nutifafa Nutsukpui, the Counsel for Seidu Agongo, told the Court that his client was unwell and had to be admitted at the 37 Military Hospital after undergoing a review the previous day at the Korle Bu Teaching Hospital in Accra. In the same month, the Accra High Court directed that the MP for North Tongu, Samuel Okudzeto Ablakwa, be properly served with a contempt process through the Speaker of Parliament. A member of the Board of the National Cathedral, Kwabena Adu Gyamfi, also known as Rev. Kusi Boateng, had filed a contempt case against Mr. Ablakwa, after he (Ablakwa) was captured on video allegedly kicking a court injunction document served by a bailiff. Justice Charles Gyamfi Danquah said per the records before the court, the respondent was not served with any contempt procedure, and that the court h ad also not made any order for such process. An Accra High Court convicted Dr Daniel McKorley, the Chief Executive Officer of McDan Group of Companies for contempt. The Businessman was found guilty after the court held that he had deliberately disobeyed orders of the High Court over a disputed parcel of land at East Legon. The Court presided over Justice Kweku Tawiah Ackaah-Boafo, a Justice of the Court of Appeal sitting as an additional High Court Judge, disabused the notion that the rich and influential people in society and public officials could disregard the rule of law and when the wheels of justice caught up with them, proffer an apology. In May, En Huang, aka Aisha Huang, an illegal miner, pleaded guilty to entering Ghana though prohibited from re-entry contrary to section 20(4) of the Immigration Act, 2000, Act 573. Initially, she denied the charge, but on Wednesday May 3, 2023, she changed her plea to guilty. Aisha, a Chinese, on September 2, 2022, was arrested in Kumasi and found to have re-e ntered Ghana when she had been barred from entering the country. An Accra High Court convicted the accused on her own plea. Still in May, Mr Paul Boama-Sefa, a farmer filed a suit seeking an order restraining the Speaker of Parliament from proceeding with any processes related to the Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 Bill. The suit suggested that, the proceedings should not be held until the statutory provisions of section 100(1) of the Public Financial Management Act, 2016 (Act 921) were complied with. The Accra High Court trying Mr Samuel Ofosu-Ampofo and Mr Anthony Kwaku Boahen adjourned the trial to June 1, 2023. That was after Mr Tony Lithur, defence counsel for Mr Ofosu-Ampofo, a former Chairman of the National Democratic Congress (NDC) said they had filed an application at the Court of Appeal and awaiting direction on Wednesday, May 10, 2023. Again in May, an Accra High Court rejected a request from convicted William Ato Essien to suspend imposition of a custodial s entence and an opportunity to renegotiate with the State. The founder of the defunct Capital Bank was on December 13, 2022, convicted and ordered to pay GHc60 million to the State after entering into agreement with the State under Section 35 of the Court's Act 1993, Act 459. Having failed to fulfill the orders of the court to pay the first instalment of GHc20 million by the April 28 deadline, the State filed a motion for the court to impose a custodial sentence on him. An Accra Circuit adjourned the case of Nana Appiah Mensah, aka NAM 1, Chief Executive Officer of Menzgold Ghana Limited, for the 35th time. He is accused of duping customers of their deposits of over GHS1. 6 billion. In June, an Accra High Court ordered the Chief of Defence Staff (CDS) and the 37 Military Hospital to release an investigation report conducted regarding the death of Mr Solomon Asare-Kumah, a 48-year-old man, to his family. The Court presided over by Justice Charles Ekow Baiden, a Justice of the Court of Appeal sitting as an additional High Court judge, said the report should be released within 10 days. The family of Solomon Asare-Kumah had sued the Hospital together with Col/Dr. G. A. O. Appiah, a Doctor at the facility, the CDS, and Attorney General, demanding a GH2 million in damages for medical negligence leading to his death. In the same month, an Accra High Court adjourned the trial involving Alhaji Collins Dauda, a former Minister of Water Resources, Works and Housing, and four others to June 26, 2023, to enable defense to go through witness statements filed by the State. The State Prosecutors filed their remaining witness statements and served the accused persons in open court on Monday June 12, 2023. Other accused persons are Dr. Kwaku Agyeman-Mensah, also a former Ministers of Water Resources, Works and Housing, Alhaji Ziblim Yakubu, a former Chief Director, Mr Andrew Clocanas, Executive Chairman of Construtora OAS Ghana Limited (4th Accused) and Nouvi Tetteh Angelo, Chief Executive Officer, and owner of Ridge Manag ement Solutions Ghana Limited, (5th Accused) are standing trial over the Saglemi Affordable Housing Project and are facing 70 charges. On June 15, an Accra Human Rights Court granted an interim injunction application by counsel for Mr Charles Bissue restraining the Special Prosecutor from arresting him. The court presided over by Justice Nicholas Abodakpi also prohibited the Special Prosecutor from seeking further arrest warrant and publishing notices declaring Mr Bissue as wanted until the substantive matter was resolved. Detective Chief Inspector Japhet Agyemang, an investigator in the case involving two teenagers, who allegedly murdered an 11-year-old boy, said the initial intention of the accused persons was to kidnap the decease and demand ransom. He said the ransom was to pay a fetish priestess for money ritual, but realising how difficult the kidnapping was, they decided to murder the 11-year-old boy. On July 17, the Commission on Human Rights and Administrative Justice (CHRAJ) served notice of it s intention to appeal the ruling of the High Court regarding the case involving Mr. Adjenim Boateng Adjei, a former Chief Executive Officer (CEO) of the Public Procurement Authority (PPA). The Court presided over by Justice Audrey Kocuvie-Tay found that CHRAJ had breached the fair hearing rule by substituting parts of the complaint that was filed by Ghana Integrity Initiative (GII) with its (CHRAJ) own allegations. The Court said that CHRAJ had failed to give Mr Adjei the chance to cross-examine the witnesses called during their investigations before reaching conclusions. A nine-member Supreme Court panel in July dismissed a request to halt Parliament from considering the anti-gay bill. The Court presided over by Chief Justice Gertrude Torkonoo said it had not been convinced to issue such an order since the matters raised would be dealt with in the substantive case. Mr Albert Kan Dapaah, the Minister for National Security, in September filed a lawsuit against Mr Oliver Barker-Vormaword, the convener of t he #FixTheCountry Movement. The suit alleged that Mr Barker-Vormawor had claimed the National Security and other government officials met him in 2021 and offered him money to supposedly silence him. That was after he and other members were released by the police after they were arrested on September 22, 2023, for staging a demonstration in Accra in breach of a restraining order secured by the police. An Accra High Court set aside an injunction application granted against the funeral of Ga Manye, Naa Dedei Omaedru III. The court on October 25, 2023, restrained the organisers from going ahead with the funeral, but delivering its ruling, it said the injunction application was granted in error as the applicants failed to give the court the true situation. On October 27, an Accra High Court scheduled November 2, 2023, to hear an injunction application filed by Prempeh College against the Primetime Limited, Organisers of the popular National Science and Math Quiz (NSMQ). The legal action was on the back of di sagreement over an answer given by a representative from the College in the semi-final round of the competition. While the school maintained that the answer was accurate, the quiz master disagreed. Source: Ghana News Agency

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