Ghana’s legal terrain has had a busy year in 2022 between civil and criminal matters brought before courts for judgement.
GhanaWeb highlights some of the biggest cases that were heard in Ghanaian courts within the year under review.
Supreme Court stops Assin North MP from holding himself as member of legislature
In April 2022, a seven-member Supreme Court panel ruled by a majority of 5-2 that Assin North MP James Gyakye Quayson can no longer perform Parliamentary duties.
This was after the Cape Coast High Court in July 2021 nullified the election of Mr. Quayson after finding he owed allegiance to Canada at the time of filing his nomination forms to contest the polls.
Michael Ankomah Nimfah, a resident of the constituency who filed this election petition in January 2022, initiated another action at the Supreme Court.
After several attempts to nullify the decision, the MP was asked to cease holding himself out as an MP until the determination of a substantive suit filed by Michael Amkomah Nimfah against him at the Supreme Court.
Jomoro MP retains seat in parliament as High Court throws out a petition against her election
One of the many election petitions filed in the aftermath of the 2020 election was against the Member of Parliament for Jomoro Constituency, Dorcas Affo-Toffey.
However, on November 21, 2022, the Sekondi High Court dismissed the petition challenging the eligibility of the National Democratic Congress MP.
The petitioner, Joshua Emuah Kofie, submitted to the court that, at the time of filing her nomination to contest in the 2020 elections, the MP had multiple nationalities, including American and Ivorian citizenships, which is against the 1992 Constitution.
While the court determined that she did not have Ivorian citizenship at the time of filing and contesting in 2020, the MP denied having American citizenship.
Justice Abdulai challenges the constitutionality of Deputy Speaker participating in voting
A private legal practitioner, Justice Abdulai, filed a suit at the Supreme Court in early 2022, seeking a ruling against a Deputy Speaker’s right to vote or be counted in forming a quorum in parliament while presiding over proceedings.
But the Supreme Court ruled on March 9 in a unanimous decision that a Deputy Speaker of Parliament retains his voting rights as an MP even when presiding over proceedings.
Subsequently, the private legal practitioner filed a review application to challenge the decision by the apex court.
However, on April 26, 2022, the court dismissed the review application because it was without merit.
Justice Abdulai had argued that in the context of articles 102 and 104 of the 1992 Constitution, a Deputy Speaker was not permitted to count himself for quorum, since he had neither an original nor a casting vote as Speaker presiding.
But the court ruled that any such action by a deputy speaker, as witnessed during the approval of the 2021 budget statement, was constitutionally allowed.
The court thus struck down standing order 109(3), which says a Deputy Speaker or any other member presiding shall not retain his original vote while presiding.
It furthered that the Deputy Speaker could be counted during the quorum for decision-making according to article 104(1)
Nana Agradaa Agradaa
The founder and leader of Heaven Way Champion International Ministries, Evangelist Patricia Oduro Koranteng alias Nana Agradaa, was arrested by the police on October 9, 2022, and pressed with fraud charges.
Her arrest followed multiple reports that the former fetish priestess had defrauded her church members in a supposed money doubling scheme.
The several victims who have since come forward have seen different cases filed against her in at least three different courts.
In all of the cases, she is accused of charlatanic advertising and defrauding by false pretenses.
She has subsequently been released on bail with her trial scheduled to continue in 2023
Aisha Huang
In 2017, a female Chinese national was arrested for allegedly engaging in illegal mining activities.
Aisha Huang as she is popularly known gained notoriety for her galamsey activities and was expected to be prosecuted for her alleged crimes.
However, in 2018, the office of the attorney general filed to discontinue her case. She was subsequently reported to have been deported from the country back to her home country China.
In September 2022, Aisha Huang was again arrested for supposedly sneaking back into Ghana to continue her galamsey activities.
She has been charged for the sale and purchase of minerals in Accra without a licence and engaging in illegal mining without a licence.
On Friday, September 16, 2022, the Attorney General again filed four new charges against Aisha Huang in an Accra High Court for her crimes committed between 2015 and 2017.
The four charges are:
Count One: Undertaking a mining operation without a licence contrary to section 99(2)(a) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.
Count Two: Facilitating the participation of persons engaged in a mining operation contrary to section 99 (2)(a) & (3) of the Minerals and Mining Act, 2006, Act 703 as amended by the Minerals and Mining (Amendment) Act 2019, Act 995.
Count Three: Illegal employment of foreign nationals contrary to section 24 of the Immigration Act, 2000 (Act 573).
Count Four: Entering Ghana while prohibited from re-entry contrary to section 20(4) of the Immigration Act, 2000, Act 573.
Meanwhile, the Accra Circuit Court 9 which is hearing the charges of the sale and purchase of minerals in Accra without a licence and engaging in illegal mining without a licence against Aisha Huang has denied her bail on two occasions.
The Chinese national is expected back in court on Wednesday, October 12, 2022.
Barker-Vormawor
Barker-Vormawor was on February 14 arraigned before the Ashaiman District Court and charged with two counts of treason felony.
His plea was reserved and was later granted bail by the Tema High Court presided over by Justice Daniel Mensah.
The #FixTheCountry convener Oliver Barker-Vormawor was granted bail by the Tema High Court in the sum of GHc2M with two sureties.
Oliver was arrested upon his arrival from the UK Thursday, February 11 after he threatened to stage a coup in Ghana if the controversial e-levy is passed.
The police in a statement said his Facebook “post contained a clear statement of intent with a possible will to execute a coup in his declaration of intent to subvert the constitution of the Republic.”
On August 1, 2022, the Ashaiman District Court presided by, Eleanor Barnes Kakra Botwe, committed #FixTheCountry Movement lead convener Oliver Barker-Vormawor to the High Court to stand trial for treason felony.
This was after the committal proceedings were conducted with the bill of Indictment indicating the State’s readiness to prosecute him was moved.
Meanwhile, the Attorney General’s office is yet to commence the High Court proceedings.
Former Deputy Health Minister, Ato-Forson put on trial for causing financial loss to the state
Former Deputy Health Minister, Dr. Cassiel Ato Forson, who is also the NDC Member of Parliament (MP)
for Ajumako Enyan Esiam, and the Ranking Member on the Finance Committee of Parliament, has been charged with Sylvester Anemana, a former Chief Director of the Ministry of Health and Richard Jakpa, a businessman, for allegedly causing financial loss of €2.37 million to the state in a deal to purchase some 200 ambulances for the country between 2014 and 2016.
They have all pleaded not guilty and are standing trial.
According to the state, the accused persons breached the procurement law in the purchase of ambulances.
State witnesses are being called to testify in the case which is being heard by an Accra High Court.
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