FIFA threatens Ghana: Reverse GFA court action or face ban

The Federation of International Football Associations, (FIFA) has warned the government of Ghana to immediately reverse its court action intended to dissolve the Ghana Football Association(GFA) by Monday August 27, or face an immediate ban.

According to a statement signed by General Secretary of FIFA, Fatma Samoura the action by the government amounts to an undue influence in the affairs of the GFA in contravention of art. 14 par. 1 i) and art. 19 par. 1 of the FIFA Statutes.

The letter added that “under these circumstances, the Bureau based on art. 16 par. 1 of the FIFA Statutes decided on 11 August 2018 that if the petition to Start the liquidation process of the GFA is not withdrawn by Monday, 27 August 2018 at 12hOO (CET), the GFA will be suspended with immediate effect.

“The suspension would be lifted only once the above-mentioned petition is withdrawn and FIFA is given written proof thereof.”

FIFA added that “if the GFA were to be suspended, it may not exercise any of its membership rights (Cf. art. 13 of the FIFA Statutes) Furthermore, other member associations could not entertain Sporting contact with the GFA.”

Government commenced the process to dissolve the GFA after an investigative piece by Anas Aremeyaw Anas uncovered huge corruption in Ghana football with match officials taking huge sums of monies as bribes to compromise fairness in several soccer matches.

Below is the full statement by FIFA

Liaison Team for the Ghana Football Association Dr Kofi Amoah Head of the Liaison Team

Email: pvigroupinc@gmaii.com

Zurich, 13 August 2018 SG/nak/vem/Ini

Decision of the Bureau of the Council on the situation of the Ghana Football Association

Dear Mr Amoah,

We are writing to inform you that the situation of the Ghana Football Association (GFA) has been brought to the attention of the Bureau of the Council (hereinafter the Bureau).

The Bureau was informed about the following developments: On 7 June 2018, a BBC documentary entitled “Number 12 — When Greed and Corruption Become the Norm” was aired alleging match-fixing and fraudulent activity involving referees and officials of the Ghana Football Association (GFA), including GFA President, CAF Vice President and FIFA Council member Kwesi Nyantakyi.

On 8 June 2018, Mr Nyantakyi was provisionally banned from taking part in any football-related activity at both national and international level by the chairperson of the adjudicatory chamber of the Ethics Committee for a duration of 90 days.

Formal investigation proceedings are being carried out by the chairperson of the investigatory chamber of the Ethics Committee. Furthermore, the Bureau was notified that FIFA had been given to understand that on 12 June 2018, the High Court in Accra placed an interim injunction on the activities of the GFA following an application by the Attorney General of Ghana.

The Bureau was further briefed on the visit of a FIFA delegation to Ghana on 21-22 June 2018 which met, among others, representatives of the government of Ghana, including the Minister of Youth and Sport.

The Bureau was also informed that further consultations between a delegation involving the Minister of Youth and Sport and FIFA administration representatives were held in Zurich on 29 June 2018.

On this occasion, with the primary objective of ensuring the continuous running of football in Ghana, it was agreed that a two-person team would be appointed to temporarily act as a liaison with FIFA and CAF with regard to international competitions issues (e.g. the participation of the Ghanaian team in the FIFA U-20 Women’s World Cup France 2018), until such time as FIFA took a decision on the situation of the GFA.

The Bureau was also informed that on 12 July 2018, the High Court of Justice (Commercial Division) in Accra had ordered that the members, directors and officers of the GFA be restrained from exercising their powers, “particularly relating to the disposal of the assets of the GFA, organisation of football matches and appointment of executives and other officials”.

Furthermore, the High Court appointed the Registrar of Companies “to exercise the powers of a liquidator in relation to the Respondent [i.e. the GFA) pending the final determination of the petition”.

To date, the scope of the investigations into the allegations of widespread match-fixing and corruption within the GFA remains unclear.

However, the Bureau considers that the petition introduced by the Attorney General to the High Court of Justice to start the liquidation process of the GFA constitutes an undue influence in the affairs of the GFA in contravention of art. 14 par. 1 i) and art. 19 par. 1 of the FIFA Statutes.

Under these circumstances, the Bureau based on art. 16 par. 1 of the FIFA Statutes decided on 11 August 2018 that if the petition to Start the liquidation process of the GFA is not withdrawn by Monday, 27 August 2018 at 12hOO (CET), the GFA will be suspended with immediate effect. The suspension would be Iifted only once the above-mentioned petition is withdrawn and FIFA is given written proof thereof.

In accordance with art‘ 16 per, 3 of the FIFA Statutes, if the GFA were to be suspended, it may not exercise any of its membership rights (Cf. art. 13 of the FIFA Statutes)‘ Furthermore, other member associations could not entertain Sporting contact with the GFA.

We thank you for taking note of the above.

Yours faithfully,

FEDERATION INTERNATIONALE

Cleaner gets 18 years’ jail, 24 strokes of the cane for sexual assault on landlord’s daughter, 8

A 45-year-old cleaner’s sexual abuse of his landlord’s young daughter came to light after the eight-year-old told her mother that the man “likes me very much”, the High Court heard on Tuesday (Aug 7).

For three months, Arshad Dullah, a Malaysian, plied the girl with gifts of folded paper boats, paper aeroplanes, food and pens, before moving on to massaging her limbs and shoulders.

When she did not complain to her mother, he progressed to more intrusive acts, sexually violating her.

After he was arrested, Arshard claimed that he sexually violated her to create a “love potion” to endear himself to those around him and to stop others from bullying him at work.

He was sentenced to 18 years’ jail and 24 strokes of the cane, after pleading guilty to three charges of aggravated sexual assault by penetration. Six other charges were taken into consideration.

The victim and her family cannot be named to protect her identity.

The court heard that the girl’s parents rented out two bedrooms in their four-room Housing Board flat to earn extra income. They trusted Arshad as he had been a long-term tenant since 2012.

But Arshad seized on opportunities to sexually abuse the girl when she was alone in the living room or in the kitchen.

The girl’s father, who uses a wheelchair and is undergoing dialysis, usually remained in the family’s bedroom.

In February last year, Arshad began chatting with the girl and giving her gifts. He started touching her to test her reaction, but she did not tell her mother about the physical contact.

In March, the sexual acts escalated.

On one occasion, when the door to the family’s bedroom was closed, he asked the girl to follow him to the kitchen, where he sexually violated her.

Another time, in April, after he assaulted her, he told the girl not to tell her mother.

On the morning of May 6, 2017, the girl told her mother that she believes Arshad liked her as he always gives her gifts. Pressed further, the girl revealed the sexual acts that were performed on her.

The girl’s 42-year-old mother contacted Arshad’s employer and asked that he leave the flat immediately.

The following day, the girl continued to confide in her mother, saying that she was very scared as she kept thinking about what Arshad had done to her.

Unsure what to do, the woman sought help at a nearby family service centre. The matter was referred to the Ministry of Social and Family Development. A police report was made on May 11, and Arshad was arrested later that day.

A psychiatric report stated that he was “likely to have paedophilic tendencies”.

Deputy Public Prosecutor Sruthi Boppana argued that Arshad had abused the trust of the girl’s family and showed premeditation in exploiting a vulnerable victim.

His assigned lawyer, Mr Henry G S Lim, argued that Arshad had pleaded guilty at the first available opportunity, sparing the victim the ordeal of having to testify in court.

 

straitstimes

Human Rights Court quashes 3 year suspension of Lawyer Sosu

The Human Rights Court 1 presided over by Her Ladyship Justice Gifty Agyei-Addo has set-aside the orders of the General Legal Council suspending the Renowned Human Rights Lawyer from practice for 3years.

Her Ladyship on 11th July 2018, also set-aside the one year mentorship handed to Lawyer Sosu. She found that the charges of Touting and Personal Advertisement as grave misconduct were not in accordance with law.

This follows the hearing of an Application for Judicial Review filed by Lawyer Sosu on 3rd November, 2017.

 

Background

The lawyer was investigated and found guilty of professional misconduct by the GLC.

“The disciplinary committee of the General legal Council formally charged Lawyer Sosu under Rule 2(4) of the legal profession (professional conduct and etiquette) Rules, 1969 L.I. 613 and that he; while acting as Council for Torgbui Afede XIV, in a matter between Torgbui Afede and the Chief of Defense Staff, minister of interior, Attorney General and another took to Facebook with pictures of the parties and comments on the case to the public with his firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement and touting,” portions of the statement said.

It added: ” He was further charged under Rule 2 (4) of the legal profession (Professional conduct and etiquette) Rule, 1996 L.I 613 that he; while acting  as Counsel for Reynolds Yeboah, in the matter between Patrick Reynolds Yeboah and M.DEX company Limited in Accra, Ledzokuku-Krowor Municipal Assembly, Accra,Ghana, took to Facebook posting the writ of summons in the said case and made comments to the public with the firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement

It noted: “ Lawyer Sosu was convicted on his own plea of guilty on both counts and was sentenced to a period of three years suspension commencing June 2,2017 and ending 1st day of June,2020. He is to be mentored by a senior and for a period of one year commencing 2nd June,2020 and ending 1st June 2021. The senior to mentor him shall lodge periodic reports on him to the general legal council’s disciplinary committee at the end of every month during the mentorship”.

Rules of the general legal council does not permit lawyers in Ghana to undertake any form of advertisement.

Sosu has been involved in several high profile human rights cases in the country including the case of Charles Antwi, the man who attempted to shoot former President John Mahama at church.

He also served as counsel for a teacher who was sentenced for several years for a crime he did not commit.

Lawyer Sosu having assited Mr Francis Agyare, in Human Rights Litigation in Accra, charged him GHC 50,000.00 which was excessive and an over estimation of the services rendered him, when he represented to him that he was offering pro-bono legal services.

He was also charged under Section 19 (5) of the Legal Profession Act that he, having been duly notified, failed to appear before the Disciplinary Commitee of the General Legal Council on 9th June, 2016.

Lawyer Sosu was convicted on his own plea of guilty on both counts.

Kweku Baako challenges dismissal of EC boss in court

Veteran journalist Abdul Malik Kweku Baako is in court to challenge the removal of the Electoral Commission chairperson Charlotte Osei, arguing the committee that recommended her removal exceeded its powers.

He has filed a writ praying the Supreme Court to reverse the decision.

Mrs Charlotte Osei and her two deputies – Amadu Sulley and Georgina Amankwaah – were sacked by president Akufo-Addo a week ago on grounds of “incompetence and misbehavior.”

According to the state-owned Daily Graphic, “the 18 reliefs being sought by Mr Baako include a declaration that upon a true and proper construction of Article 146 (1) of the 1992 Constitution, a petition for the removal of the chairperson of the EC, pursuant to the provisions of Article 146, was only valid if such a petition alleged stated misbehaviour or incompetence relating to the performance of the core constitutional functions of the chairperson of the EC.

“He is also seeking a declaration that the finding by the Chief Justice (CJ) that a prima facie case had been made out in respect of six allegations contained in the petition for the removal of Mrs Osei pursuant to Article 146 of the Constitution and which allegations were not founded on acts of stated misbehaviour or incompetence against Mrs Osei in the performance of her core functions as Chairperson of the EC was unconstitutional, null, void and of no effect.

The same act was inconsistent with and in violation of the provisions of Article 296 Clause (c) of the 1992 Constitution and accordingly arbitrary and unconstitutional.”

His suit follows that of another Ghanaian Ms Fafali Nyonator, challenging the processes leading to the removal of Mrs Osei and her two deputies.

Mr. Baako, who is the editor-in-chief of The New Crusading Guide newspaper wants the apex court of the land to rule that the recommendations for the removal of Mrs Osei upon which the President acted were inconsistent with Articles 43 (1)(a), 44 (2), 45 and 146 (1) of the 1992 Constitution and for that matter, null, void and of no effect.

“To that effect, Mr Baako is seeking a declaration that on the basis of the defective nature of the petition, Mrs Osei is and remains the Chairperson of the EC,” the newspaper reported.

Kelni GVG: Court dismisses injunction application

A Human Rights Court in Accra has dismissed an interlocutory application seeking to stop government from going ahead with the implementation of the common platform to monitor revenue patterns of telcos.

The controversial Kelni GVG contract is in court as the applicants – Sara Asafu-Adjaye and Maximus Amertogoh – contend it infringes on their right of privacy.

Giving his ruling, Justice Anthony Yeboah said the application by the two applicants was merely based on public sentiments and debates as they failed to provide any real evidence to back their claims that their privacy would be breached should the contract be executed in its current form.

On the other hand, the National Communication Authority, the Ministry of Communication and the Ghana Revenue Authority in their affidavit to the court demonstrated that the monitoring system was not capable of being used to monitor calls and text messages of Ghanaians and that the interest of the system was solely to monitor the telecommunication companies for purposes of revenue collection.

The court subsequently stated that on the balance of convenience, the State was likely to suffer irreparable damage if an injunction is granted as compared to the applicants. To that end, the court dismissed the application in its entirety.

The Applicants were before the Court because they insist that having followed the public debate and upon further enquiry, they gathered that the 1st (Ministry of Communication), 2nd (National Communication Authority) and 3rd (Ghana Revenue Authority) respondents, who are primarily responsible for the implementation of the common platform, intend to carry out the exercise in a manner which will be in breach of the Applicants’ fundamental human right to privacy.

The Plaintiffs also claim that the architecture of the common platform to be implemented is such that instead of connecting to only the billing node provided by the telecom companies as stipulated under Act 864, the connection will be made to all the physical nodes, and it will be a breach of Article 18 (2) of the 1992 Constitution.

According to the Applicants, the mobile networks have a statutory duty to protect their customers, including the Plaintiffs under Section 73 of the Electronic Communications Act 2008 (Act 775) by ensuring that correspondence and communications of customers are not intercepted or interfered with.

Representation in Court

The Deputy Minister for Communication, George Andah, was present in Court as well as representatives for the court hearing. Lawyers Eddy McCarthy and Kofi Bentil, represented the Applicants. The Commissioner General of the Ghana Revenue Authority,  Mr. Kofi Nti was also present in Court.

Source: Kasapafmonline.com/Wilberforce Asare

Ban extension: Court grants GFA more time to respond to Gov’t

The Ghana Football Association(GFA) on Monday, July,09,2018 pleaded for more time to respond appropriately to an injunction application by the government against them.

According to the Lawyer for the GFA, Abu Juan their clients were only served with the suit late last Friday, 6th of June and were therefore unable to respond accordingly.

They further prayed the court to adjourn the case to Thursday, July 12, 2018. The AG represented by Deputy Attorney General, Godfred Dame did not oppose the request as put forward in court by Lawyer for the defendants.

An Accra High court today sat to hear substantive application filed by the Attorney General(AG) seeking an interlocutory injunction against Executives of the Ghana Football Association(GFA) from staying on as officials of the FA.

The AG was back in court, as part of government’s efforts to tidy-up the mess in football administration in the wake of the Number 12, Anas Aremeyaw Anas’ investigative piece, with an application to secure a longer ban until the substantive motion seeking to liquidate the GFA is determined.

The high court on June 12, 2018 granted an ex-parte application by the AG and placed a temporary 10-day ban on all GFA executives, but the deadline has expired.

 

 

$5.7m gold scam case: Ken Agyapong faked court processes – Anas’ Lawyer

Kissi Agyabeng, the lawyer for investigative journalist, Anas Aremeyaw Anas, has accused Member of Parliament for Assin Central, Ken Agyapong of faking court processes to butress his claims that the $5.7 million gold scam case was dismissed for want of prosecution.

The maverick MP dragged Anas to the General Legal Council (GLC) accusing him of professional misconduct as a lawyer.

In a complaint letter to the GLC the legislator stated that he has evidence that the lawyer cum journalist connived with a State Attorney to have the case against some accused persons dismissed.

“…Interestingly Anas revealed to the Chief State Attorney that the suspects had bought him with $100,000, paid $75,000 to Frank Adu Poku, the then CID Director-General and also paid $5,000 into the account of the Chief State Attorney in order to taint the evidence and make the case foolish.

“Respectfully, a search conducted at the Registry of the Criminal Division, High Court, Accra revealed that the case was indeed dismissed for want of prosecution. Thus, by the foregoing reasons, it is my opinion that such professional misconduct should not be countenanced at the Bar and therefore urge your revered Council to conduct thorough investigations into the behaviour of Anas Aremeyaw Anas,” portions of the complaint signed by Hon. Ken Agyapong read.

But Lawyer Kissi Agyabeng says the actions taken by the Member of Parliament for Assin Central, Kennedy Agyapong against his client shows that he’s ill-informed.

According to him, claims by Mr. Kennedy Agyapong that Anas connived with a state prosecutor to throw out a gold scam case is untrue, and further exposes the Member of Parliament’s ignorance of the law and the real issues.

“He has no idea what he’s doing, he’s being ill advised and he’s passionate for nothing. If he says he’s dragged my client to the General Legal Council the he should be ready to respond to how he managed to fake court process. The basis upon which he said the case was dismissed is a fake court process that he faked and put on social media. He then accused someone of moral turpitude, I’ve all that in my possession.” 

Last month, undercover journalist, Anas Aremeyaw Anas sued Ken Agyapong for defamation, demanding GH¢25 million in damages from the tough-talking MP who recently launched a fierce campaign against Anas’ work and his person.

Mr. Ken Agyapong has on the other hand also petitioned the General Legal Council to probe Anas Aremeyaw Anas, and possibly sanction him for allegedly engaging in what he describes as “professional misconduct.”

Mr. Agyapong in a 45-minute video he captioned: “Who watches the watchman” accused Anas of collecting money from some alleged criminals to shield them from facing the law in a gold scam case worth millions of dollars in 2009.

Court Orders Buhari’s impeachment process

Justice Maurine Onyetenu of a Federal High Court, sitting in Osogbo, Osun State, Wednesday, granted leave to two Nigerians, Kanmi Ajibola, a lawyer and Sulaiman Adeniyi, a human right activist in their suit, seeking to compel the National Assembly to initiate impeachment proceedings against President Muhammadu Buhari.

The Presidency, however, claimed not to be aware of Wednesday’s court order.

The duo had three months ago written to both the lower and the upper chambers of the National Assembly on the need to impeach President Buhari, citing alleged constitutional breaches by the president and threatened that they will approach the court if lawmakers fail to act accordingly.

But when the lawmakers refused, they headed to court, asking for an order of mandamus to compel both the Senate and the House of Representatives to start the impeachment proceedings of President Buhari.

The two Nigerians had hinged their arguments on four grounds on why the National Assembly should impeach the Buhari.

In the motion ex-parte, the duo are contending that in flagrant violation of the 1999 constitution, President Buhari contested the election, won and was sworn in as the president on May 29, 2015 without possessing the basic constitutional requirement, which would have made him qualified for the contest of the election.

They further alleged that President Buhari in flagrant violation of section 137 (1) (j) of the 1999 constitution presented a forged certificate to the Independent National Electoral Commission, INEC, for the purpose of the 2015 presidential election that brought him to the office of the president.

The applications in the suit, are further contending that “In the light of the 4th respondent’s placement to continue in the office as the president, he has no certificate and basic requirement upon which this placement to continue in the office can be placed.”

They accused the president of treating the orders of the court with a great disdain and abuses the constitution of the Federal Republic of Nigeria at will, particularly from the angle of the observance of the federal character as contained in section 14 of the constitution.

Justice Onyetenu, in her ruling, granted the applicants leave to move and argue their suit for an order of mandamus, compelling the National Assembly commence the impeachment of President Muhammadu Buhari.”

The court adjourned till October 30, 2018 for the hearing of the suit.

 

Judicial Service bans use of phones, cameras in court

The Judicial Service has reinforced the ban on the use of mobile phones and other electronic devices in the courtroom.

A circular issued by the Judicial Secretary, Alex B. Poku on Wednesday stated that “it has come to the notice of the Management of Judicial Service that some Court Users make and receive phone calls and record court proceedings with their Mobile Phones, Electronic Devices, Recorders, Tablets and Cameras while court is in session.

“1. Court Users are to put all their Mobile Phones, Electronic Devices, Recorders, Tablets and Cameras before they enter the Court Room.

“2. Court Users are not allowed to use Electronic Devices, Mobile Phones, Recorders, Tablets and Cameras to record or snap court proceedings or any court document without the permission of the Judicial Secretary

“All Judges, magistrates and Registrars should ensure that Court Users comply with these directives with immediate effect.”

This comes on the heels of a decision by a Magistrate at a District Court recently ordering the seizure of mobile phones belonging to some journalists who covered the trial of the Chief Executive of Obengfo hospital.

This was done to prevent the recording of court proceedings.