Accra, Feb. 19, GNA - Mr Justice Dixon Kwame Afreh, 70, a Luminary and Former Supreme Court Judge with 32 years of legal practice, went the inevitable way of all mortals on Tuesday at the Cardio-Thoracic Centre of the Korle-Bu Teaching Hospital.
Justice Afreh was born in Kumasi on March 25, 1933 and was admitted to the Ghana Bar in September 1961.
He had his second cycle education from 1949 to 1954 at Achimota School. He then left for the University of Birmingham, England for his LL.B between October 1955 and July 1958 and continued to the University of London, England between October 1958 and October 1960 for his Master's in Law.
He was called to the English Bar in February 1960 at the Lincoln's Inn, London.
Between 1962 and 1975, he lectured at the Faculty of Law, University of Ghana, Legon, rising to the position of Senior Lecturer, Acting Dean of Law Faculty and Acting Hall Master of Commonwealth Hall in 1974.
Justice Afreh worked at the Attorney -General's Office as Chief State Attorney between 1975 and 1978.
In April 1973 to June, 1980 he worked with the General Legal Council as Director of Legal Education. He later joined the Pan African News Agency (PANA) in Dakar, Senegal between June 1981 and October 1992 and became Head of Administration and later rose to the position of Financial Controller from 1989 to 1992.
Between September 1978 and June, 1979 he was Commissioner for Information and Cocoa Affairs under the Armed Forces Revolutionary Council (AFRC) regime. He was also a Deputy Commissioner for the Electoral Commission between 1992 and 1994 and was appointed a Justice of the Court of Appeal of Ghana in June 1994.
Prior to Justice Afreh's appointment as a Supreme Court Judge, the Minority National Democratic Congress (NDC) in Parliament opposed his nomination claiming that the timing was inauspicious since the State was seeking a review of the Supreme Court's decision that the Fast Track Courts were unconstitutional.
They went ahead and boycotted the vetting and did not cast their vote when the full House met to consider the report of the Committee but Justice Afreh obtained 104 votes with two abstentions in a secret ballot. He thus obtained more than 98 per cent of the votes, even though; he needed only 60 per cent.
The NDC members of the Parliamentary Appointments Committee walked into its meeting halfway during the vetting to say that their boycott was not against the person of Mr Justice Afreh and walked out. Mr Alban Bagbin, the Minority Leader, accompanied by four other members took their seats that were earlier occupied by other non-members of the Committee.
Mr Bagbin after obtaining permission from the Chairman, Mr Freddie Blay, congratulated Mr Afreh on his nomination and possible appointment to the Supreme Court.
Mr Bagbin said the Minority was not against the nomination of Mr Afreh as a person.
"We don't have any grudge or a case against Mr Afreh. We were in the same chambers together."
Mr Justice Afreh retorted; "you are one of the younger lawyers. I regard you as my son," (Laughter).
Mr Bagbin said; "I definitely regard you as a father and congratulate you on your nomination."
He said; "it is important to put on record that the Minority is not directing the boycott against you in person. We are protesting against a bad precedent that the Government is setting that will affect the development of democracy.
"In the letter of your nomination it was stated that you were being elevated to enlarge the Supreme Court panel in view of the impending review of the decision of the Supreme Court on the Fast Track Courts." He said that if the practice were allowed to continue then it would open the gates to add to the number of Supreme Court Judges anytime a review was needed.
"We want to let the people know that we are not part of that process. Our intention to boycott is to raise the issue and not that we are not happy about you in person but that we are sorry it is happening to you at this time."
Immediately Mr Bagbin finished his statement he walked out together with the four other Minority members of the Appointment Committee. Mr Justice Afreh in an answer to a question before the Minority walked in expressed regret about the boycott of his vetting by the Minority saying; "I would have been happier if they were here to listen to me."
Mr Justice Afreh told the Parliamentary Appointment Committee that except the Chief Justice, Mr Edward K. Wiredu and a few others, the rest of the Justices of the Supreme Court, Appeal Court and High Courts were his students.
"Most of those who were not were too young to be," he said with laughter.
Mr Justice Afreh said he was told that he was nominated for Supreme Court membership in 1995, 1997 and 1999 adding; "I do not know why my nomination was shelved. It was best known to whoever did that. It is now my time".
He said the former Vice President, Professor John Evans Atta Mills, Kwamena Ahwoi and a host of current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for Kumbungu, who was very vocal in the boycott by the Minority against his nomination, had all been his law students.
Referring to the timing of his nomination when there were indications that he would be sitting on a review of an earlier decision of the Supreme Court, Mr Justice Afreh said the critics were not challenging his qualification and merit to that office.
"There has not been reference to my achievements, which could have addressed the fears of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now since my nomination."
He said he qualified to be a member of the Supreme Court long ago "and if today I am to go there then I console myself that this is the time for me to go."
Mr Justice Afreh said; "my nomination and if I am appointed would be a matter for the future. I don't believe in crossing the bridge before coming to it. My going to the Supreme Court will not be whether it is appropriate for me to sit there or not."
He dismissed the claim that he was going to be at the court to be a Judge in his own court saying; "I am not an accused in the Fast Track Court case nor a party to any suit.
"Even though, I was sitting at the Fast Track Court I don't think that constitute grounds for me to be labelled as a Judge in my own case. To be a Judge in your own case means that you cannot arbitrate in a particular case where you have interest."
Justice Afreh's judgement in the celebrated "Quality Grain Case" remains enigmatic since the ruling New Patriotic Party (NPP) and the main opposition National Democratic Congress (NDC) took entrenched positions as to what constituted "causing financial loss to the State". Expectations were high at the Fast Track High Court when Justice Afreh began the process of delivering judgement in the Quality Grain case.
Several Police Officers were deployed to tighten security in the courtroom and the Supreme Court Buildings where the court was sitting. The Court decided the fate of five former senior public officials, including two Ministers of State charged with conspiracy and wilfully causing financial loss to the State
The officials, who had been accused of conspiracy and causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region, had denied any wrongdoing.
They were Ibrahim Adam, former Minister of Food and Agriculture; Samuel Dapaah, former Chief Director of the Ministry of Food and Agriculture (MOFA) and Kwame Peprah, former Minister of Finance.
The rest were George Yankey, a former Director of Legal Sector at the Ministry of Finance and Ato Dadzie, former Chief of Staff.
Justice Afreh sentenced Mr Peprah to four years' imprisonment; Mr Adams and Yankey to two years each while Mr Dapaah and Nana Ato Dadzie were acquitted and discharged.
They were charged with conspiracy and causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region.
Reading his judgement, which went on for seven hours, Mr Justice Afreh noted that the country had suffered as a result of the misappropriation of public funds adding that laws had been propounded to curb the incident.
He said he took into consideration the pleas of the defence team, the length of the trial, which was two years and ages of the officials. "I personally hope that I do not involve myself in a case like this, at a time that I'm going on retirement."
Before the sentence, the Defence team prayed the court to be lenient with their clients, since there was a serious error by the Prosecution. The Defence added that accused persons were all family men and that if they should be sent to jail their homes would be broken.
They also stated that the businesses of some of their clients had collapsed, a situation that had made their livelihood very difficult. Counsel also noted that this was not a case of stealing as happened in the case of Mallam Isa, former Minister of Youth and Sports, who was convicted by a Fast Track Court of stealing thereby causing financial loss to the State.
They noted further that none of their clients transferred any money meant for the Quality Grain project into their personal accounts. Yankey, whose Attorney was absent and spoke for himself said: "If I were asked to go and steal or kill I would not have done that."
He said all that he did was to ensure the success of the rice cultivation in Aveyime saying: "In fact I worked tirelessly towards the project and if I should be sentenced for an offence that I have not committed, I leave it to the Almighty."
Acquitting Nana Ato Dadzie, Justice Afreh noted that there was no default on his part as he paid compensation to the settlers. He said the land had been acquired long ago, saying the State was bound to pay the compensation hence he did not cause financial loss to the State.
Speaking to Journalists later, Samuel Dapaah said: "I give thanks to the Lord and no (more) comments."
Alhaji Yahaya said: "The due process is not ended; we would consult our lawyers."
When the GNA contacted the Director of Public Prosecutions (DPP), Mr Osafo Sampong, he said he sent people to the court to be prosecuted, and that they had been convicted.
He said he went to the court with a particular purpose, which he had achieved. The Prosecution called 21 witnesses.
The Quality Grain scandal revolved around a United States of America Citizen, Juliet Cotton to whom the money was paid to produce rice at Aveyime.
A US Court had already convicted Cotton for her involvement in the project.
Among the crowd that witnessed the judgement were Professor John Evans Atta Mills, Former Vice President; Alhaji Mahama Iddrisu, Former Presidential Adviser and Dr Nii Josiah-Aryeh, General Secretary of the National Democratic Congress (NDC).
The rest were Alhaji Huudu Yahaya, NDC Vice Chairman; Mr Joseph Owusu-Acheampong, Former Minister of Food and Agriculture; Alhaji Muhammad Mumuni, Minority Spokesman on Legal and Parliamentary Affairs and Mr Lee Ocran, Vice Chairman, NDC.
Immediately after the pronouncement of judgement, the courtroom became quiet, but in no time some relatives of the convicts cried uncontrollably.
Police had a hectic time escorting the convicts away to begin their sentences at the Nsawam Medium Security Prison. The Septuagenarian Colossus has definitely left huge footprints on the sands of time.
Accra, Feb. 19, GNA - Mr Justice Dixon Kwame Afreh, 70, a Luminary and Former Supreme Court Judge with 32 years of legal practice, went the inevitable way of all mortals on Tuesday at the Cardio-Thoracic Centre of the Korle-Bu Teaching Hospital.
Justice Afreh was born in Kumasi on March 25, 1933 and was admitted to the Ghana Bar in September 1961.
He had his second cycle education from 1949 to 1954 at Achimota School. He then left for the University of Birmingham, England for his LL.B between October 1955 and July 1958 and continued to the University of London, England between October 1958 and October 1960 for his Master's in Law.
He was called to the English Bar in February 1960 at the Lincoln's Inn, London.
Between 1962 and 1975, he lectured at the Faculty of Law, University of Ghana, Legon, rising to the position of Senior Lecturer, Acting Dean of Law Faculty and Acting Hall Master of Commonwealth Hall in 1974.
Justice Afreh worked at the Attorney -General's Office as Chief State Attorney between 1975 and 1978.
In April 1973 to June, 1980 he worked with the General Legal Council as Director of Legal Education. He later joined the Pan African News Agency (PANA) in Dakar, Senegal between June 1981 and October 1992 and became Head of Administration and later rose to the position of Financial Controller from 1989 to 1992.
Between September 1978 and June, 1979 he was Commissioner for Information and Cocoa Affairs under the Armed Forces Revolutionary Council (AFRC) regime. He was also a Deputy Commissioner for the Electoral Commission between 1992 and 1994 and was appointed a Justice of the Court of Appeal of Ghana in June 1994.
Prior to Justice Afreh's appointment as a Supreme Court Judge, the Minority National Democratic Congress (NDC) in Parliament opposed his nomination claiming that the timing was inauspicious since the State was seeking a review of the Supreme Court's decision that the Fast Track Courts were unconstitutional.
They went ahead and boycotted the vetting and did not cast their vote when the full House met to consider the report of the Committee but Justice Afreh obtained 104 votes with two abstentions in a secret ballot. He thus obtained more than 98 per cent of the votes, even though; he needed only 60 per cent.
The NDC members of the Parliamentary Appointments Committee walked into its meeting halfway during the vetting to say that their boycott was not against the person of Mr Justice Afreh and walked out. Mr Alban Bagbin, the Minority Leader, accompanied by four other members took their seats that were earlier occupied by other non-members of the Committee.
Mr Bagbin after obtaining permission from the Chairman, Mr Freddie Blay, congratulated Mr Afreh on his nomination and possible appointment to the Supreme Court.
Mr Bagbin said the Minority was not against the nomination of Mr Afreh as a person.
"We don't have any grudge or a case against Mr Afreh. We were in the same chambers together."
Mr Justice Afreh retorted; "you are one of the younger lawyers. I regard you as my son," (Laughter).
Mr Bagbin said; "I definitely regard you as a father and congratulate you on your nomination."
He said; "it is important to put on record that the Minority is not directing the boycott against you in person. We are protesting against a bad precedent that the Government is setting that will affect the development of democracy.
"In the letter of your nomination it was stated that you were being elevated to enlarge the Supreme Court panel in view of the impending review of the decision of the Supreme Court on the Fast Track Courts." He said that if the practice were allowed to continue then it would open the gates to add to the number of Supreme Court Judges anytime a review was needed.
"We want to let the people know that we are not part of that process. Our intention to boycott is to raise the issue and not that we are not happy about you in person but that we are sorry it is happening to you at this time."
Immediately Mr Bagbin finished his statement he walked out together with the four other Minority members of the Appointment Committee. Mr Justice Afreh in an answer to a question before the Minority walked in expressed regret about the boycott of his vetting by the Minority saying; "I would have been happier if they were here to listen to me."
Mr Justice Afreh told the Parliamentary Appointment Committee that except the Chief Justice, Mr Edward K. Wiredu and a few others, the rest of the Justices of the Supreme Court, Appeal Court and High Courts were his students.
"Most of those who were not were too young to be," he said with laughter.
Mr Justice Afreh said he was told that he was nominated for Supreme Court membership in 1995, 1997 and 1999 adding; "I do not know why my nomination was shelved. It was best known to whoever did that. It is now my time".
He said the former Vice President, Professor John Evans Atta Mills, Kwamena Ahwoi and a host of current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for Kumbungu, who was very vocal in the boycott by the Minority against his nomination, had all been his law students.
Referring to the timing of his nomination when there were indications that he would be sitting on a review of an earlier decision of the Supreme Court, Mr Justice Afreh said the critics were not challenging his qualification and merit to that office.
"There has not been reference to my achievements, which could have addressed the fears of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now since my nomination."
He said he qualified to be a member of the Supreme Court long ago "and if today I am to go there then I console myself that this is the time for me to go."
Mr Justice Afreh said; "my nomination and if I am appointed would be a matter for the future. I don't believe in crossing the bridge before coming to it. My going to the Supreme Court will not be whether it is appropriate for me to sit there or not."
He dismissed the claim that he was going to be at the court to be a Judge in his own court saying; "I am not an accused in the Fast Track Court case nor a party to any suit.
"Even though, I was sitting at the Fast Track Court I don't think that constitute grounds for me to be labelled as a Judge in my own case. To be a Judge in your own case means that you cannot arbitrate in a particular case where you have interest."
Justice Afreh's judgement in the celebrated "Quality Grain Case" remains enigmatic since the ruling New Patriotic Party (NPP) and the main opposition National Democratic Congress (NDC) took entrenched positions as to what constituted "causing financial loss to the State". Expectations were high at the Fast Track High Court when Justice Afreh began the process of delivering judgement in the Quality Grain case.
Several Police Officers were deployed to tighten security in the courtroom and the Supreme Court Buildings where the court was sitting. The Court decided the fate of five former senior public officials, including two Ministers of State charged with conspiracy and wilfully causing financial loss to the State
The officials, who had been accused of conspiracy and causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region, had denied any wrongdoing.
They were Ibrahim Adam, former Minister of Food and Agriculture; Samuel Dapaah, former Chief Director of the Ministry of Food and Agriculture (MOFA) and Kwame Peprah, former Minister of Finance.
The rest were George Yankey, a former Director of Legal Sector at the Ministry of Finance and Ato Dadzie, former Chief of Staff.
Justice Afreh sentenced Mr Peprah to four years' imprisonment; Mr Adams and Yankey to two years each while Mr Dapaah and Nana Ato Dadzie were acquitted and discharged.
They were charged with conspiracy and causing financial loss of 20 million dollars to the State in a rice project at Aveyime in the Volta Region.
Reading his judgement, which went on for seven hours, Mr Justice Afreh noted that the country had suffered as a result of the misappropriation of public funds adding that laws had been propounded to curb the incident.
He said he took into consideration the pleas of the defence team, the length of the trial, which was two years and ages of the officials. "I personally hope that I do not involve myself in a case like this, at a time that I'm going on retirement."
Before the sentence, the Defence team prayed the court to be lenient with their clients, since there was a serious error by the Prosecution. The Defence added that accused persons were all family men and that if they should be sent to jail their homes would be broken.
They also stated that the businesses of some of their clients had collapsed, a situation that had made their livelihood very difficult. Counsel also noted that this was not a case of stealing as happened in the case of Mallam Isa, former Minister of Youth and Sports, who was convicted by a Fast Track Court of stealing thereby causing financial loss to the State.
They noted further that none of their clients transferred any money meant for the Quality Grain project into their personal accounts. Yankey, whose Attorney was absent and spoke for himself said: "If I were asked to go and steal or kill I would not have done that."
He said all that he did was to ensure the success of the rice cultivation in Aveyime saying: "In fact I worked tirelessly towards the project and if I should be sentenced for an offence that I have not committed, I leave it to the Almighty."
Acquitting Nana Ato Dadzie, Justice Afreh noted that there was no default on his part as he paid compensation to the settlers. He said the land had been acquired long ago, saying the State was bound to pay the compensation hence he did not cause financial loss to the State.
Speaking to Journalists later, Samuel Dapaah said: "I give thanks to the Lord and no (more) comments."
Alhaji Yahaya said: "The due process is not ended; we would consult our lawyers."
When the GNA contacted the Director of Public Prosecutions (DPP), Mr Osafo Sampong, he said he sent people to the court to be prosecuted, and that they had been convicted.
He said he went to the court with a particular purpose, which he had achieved. The Prosecution called 21 witnesses.
The Quality Grain scandal revolved around a United States of America Citizen, Juliet Cotton to whom the money was paid to produce rice at Aveyime.
A US Court had already convicted Cotton for her involvement in the project.
Among the crowd that witnessed the judgement were Professor John Evans Atta Mills, Former Vice President; Alhaji Mahama Iddrisu, Former Presidential Adviser and Dr Nii Josiah-Aryeh, General Secretary of the National Democratic Congress (NDC).
The rest were Alhaji Huudu Yahaya, NDC Vice Chairman; Mr Joseph Owusu-Acheampong, Former Minister of Food and Agriculture; Alhaji Muhammad Mumuni, Minority Spokesman on Legal and Parliamentary Affairs and Mr Lee Ocran, Vice Chairman, NDC.
Immediately after the pronouncement of judgement, the courtroom became quiet, but in no time some relatives of the convicts cried uncontrollably.
Police had a hectic time escorting the convicts away to begin their sentences at the Nsawam Medium Security Prison. The Septuagenarian Colossus has definitely left huge footprints on the sands of time.
