Election 2016 – Might Nana Akufo Addo Be Disqualified?

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Pelicles 10 years ago

Nana will be disqualified in what sense? If NDC come up with any nonsense like that Ghana will know no peace. We are sick and tired of these quack lawyers who are throwing dust into the eyes of the general public.

Let Mah ...
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Nana will be disqualified in what sense? If NDC come up with any nonsense like that Ghana will know no peace. We are sick and tired of these quack lawyers who are throwing dust into the eyes of the general public.

Let Mahama and his goon squad who have destroyed the nation try any foolish thing and we shall see. Why they hate Nana so much? What has he done? Is he the only man walking the land of Ghana?

Leave Nana alone.
kwasi Ababio 10 years ago

Who is Akufo Addo? Are you saying he is above the law? Are you going to throw Bombs if he is found guilty in this serious case? Just shut up and allow the law to work, if you believe in the rule of law!!!!

Who is Akufo Addo? Are you saying he is above the law? Are you going to throw Bombs if he is found guilty in this serious case? Just shut up and allow the law to work, if you believe in the rule of law!!!!
Ayiku 10 years ago

This trotro lawyers and justices. Apau just did an Atuguba!

This trotro lawyers and justices. Apau just did an Atuguba!
Osei Kofi 10 years ago

The purpose of a commission of enquiry is to hold wrong doers to account. Normally it is set up after widespread expression of public concern about a particular event.

Public enquiries are generally recognised as having ...
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The purpose of a commission of enquiry is to hold wrong doers to account. Normally it is set up after widespread expression of public concern about a particular event.

Public enquiries are generally recognised as having two principal purposes: to ascertain the facts and to learn lessons for the future. The enquiry is however guided by its terms of reference and make recommendations within its remit.

However commission of enquiries cannot determine civil or criminal liability but can make findings or recommendations from which liability might be inferred.

From your write up there is ample evidence to indicate that the failure of the then Attorney-General to make any appearance in the London Court caused the court to enter the ex parte judgement which was well under the initial asking price and thereby causing a huge loss to the state.

If such loss of revenue is not a malfeasance and dereliction of duty which requires sanction then I don't know what it is.

The truth of the matter is that whoever, being an official, wrongfully exercises or does not exercise any of his functions to the detriment of the state or dishonestly exercises or omits to exercise any of his functions properly shall be guilty of an offence against the state.In this case financial loss to the state
Sister Souljah 10 years ago

Amen

Amen
Osei kofi 10 years ago

Paragraph 4 should read the non appearance in the London court caused the court to enter the ex parte judgement which was well above the initial asking figure thereby causing a huge financial loss to the state

Paragraph 4 should read the non appearance in the London court caused the court to enter the ex parte judgement which was well above the initial asking figure thereby causing a huge financial loss to the state
KING BRIGHT 10 years ago

Who in Ghana doesn't know why Mahama sets up commissions of enquiry? It's either to shield his corrupt appointees (partners in crime) or to find a scapegoat in the NPP. A trap against Nana, BACK TO SENDER.

Who in Ghana doesn't know why Mahama sets up commissions of enquiry? It's either to shield his corrupt appointees (partners in crime) or to find a scapegoat in the NPP. A trap against Nana, BACK TO SENDER.
kwasi Ababio 10 years ago

Do you have any evidence regarding corrupt appointees? If you do, please get a lawyer to smoke out such persons, and I will be in your corner.

Do you have any evidence regarding corrupt appointees? If you do, please get a lawyer to smoke out such persons, and I will be in your corner.
LONTO-BOY 10 years ago

Professor S. Kwaku Asare, this is a very impressive and sensible article. I would say, not with this largely political/inherently politicised and really shoddy Justice Apau Commission Report.

Professor S. Kwaku Asare, this is a very impressive and sensible article. I would say, not with this largely political/inherently politicised and really shoddy Justice Apau Commission Report.
Kofi Ata, Cambridge, UK 10 years ago

Azar, I could not agree with you more. In fact, I was about to post an article on the same subject but since you have done the legal analysis, I will take the fairness and equity angle of Nana Akufo-Addo not invited or being ...
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Azar, I could not agree with you more. In fact, I was about to post an article on the same subject but since you have done the legal analysis, I will take the fairness and equity angle of Nana Akufo-Addo not invited or being heard by the Commission. Justice Apau now Justice of the Supreme Court has been very disappointing. The state or NDC will make a catastrophic mistake if an attempt is made to disqualify Nana Akufo-Addo from contesting the 2016 presidential election, relying on this discredited and politically motivated report.

BOY KOFI 10 years ago

Was it not Nana Addo himself who instituted the charge called,causing financial loss to the state?Do you know how many NDC gurus he prosecuted and jailed including the wife of JJ?Can you tell me if that was not rule of law?Th ...
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Was it not Nana Addo himself who instituted the charge called,causing financial loss to the state?Do you know how many NDC gurus he prosecuted and jailed including the wife of JJ?Can you tell me if that was not rule of law?Thank you.
Jato Kaleo 10 years ago

Is it not only a competent court of jurisdiction which can disqualify him? The EC can also disqualify him but that can be challenged in court. So that even here, it is a court that will decide.

Or you mean NDC will try to ...
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Is it not only a competent court of jurisdiction which can disqualify him? The EC can also disqualify him but that can be challenged in court. So that even here, it is a court that will decide.

Or you mean NDC will try to seek an action in court that will disqualify him? Or an individual working alone (but obviously on behalf of some interested party) can seek to bring such action in court to disqualify him. But the state itself cannot disqualify any person from standing, can they? What are the legal formulations?

This is Asare's legal interpretation of the issue. It is in reaction to (and at odds with) Anyenini's legal interpretation. In the event of the matter coming to court, a ruling will be made based on the various arguments.

In the end, it is the people of Ghana who will be the final arbiters of Nana's fate - if the elections are really "free and fair".
klinker 10 years ago

Where is the rest of the money realized fom the sale of the driiship? Nana as the then attorney general should have appointed one of the senior state attorneys to represent Ghana. Come again learned man.

Where is the rest of the money realized fom the sale of the driiship? Nana as the then attorney general should have appointed one of the senior state attorneys to represent Ghana. Come again learned man.
KKO 10 years ago

Good piece, Kwaku,
It is this kind of muddled thinking and low scholarship that has made our once outstanding judiciary a huge joke today! Just imagine a high court judge ruling that "an accused person is guilty of defiling ...
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Good piece, Kwaku,
It is this kind of muddled thinking and low scholarship that has made our once outstanding judiciary a huge joke today! Just imagine a high court judge ruling that "an accused person is guilty of defiling a minor, but not guilty of having anal sex with him!"

If what has been placed in the public domain is a good representation of Justice Apau's report, then the poor Ghanaian taxpayer has been "had" again.

How come the judge did not write a single sentence on the man who caused the huge debt in the first place? Ghana and GNPC were totally broke in early 2001. The legal cost in the matter apparently was huge. Where exactly was the money to be found to continue the case?

Kwaku, what worries me though, is the fact that the AG's department did not make any attempt whatsoever at representation, after taking over the case. Could they not have asked a lawyer at the Ghana High Commission, for instance, to show up to seek adjournment? That is my only worry as a non-legal person!
Krobo 10 years ago

When people are high on drugs they forget court dates and forget also to delegate someone else to appear on their behalf.

When people are high on drugs they forget court dates and forget also to delegate someone else to appear on their behalf.
Hwe 10 years ago

One can be jailed under these two sections of the Penal Code.

Any lascivious contact with the sexual organs of a child by an adult. Usually, but not always, this does not involve penetration.

attempted buggery – assau ...
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One can be jailed under these two sections of the Penal Code.

Any lascivious contact with the sexual organs of a child by an adult. Usually, but not always, this does not involve penetration.

attempted buggery – assault with intent to commit buggery – indecent assault upon a male.
LONTO-BOY 10 years ago

KKO, your last paragraph is very revealing. I find that very disturbing, and I think there are many unanswered questions in this regard. Nana Akufo-Addo as the then Attorney General, has a responsibility for explaining what r ...
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KKO, your last paragraph is very revealing. I find that very disturbing, and I think there are many unanswered questions in this regard. Nana Akufo-Addo as the then Attorney General, has a responsibility for explaining what really happened.
sablah 10 years ago

During 2012 electiion, Mahama and his criminal NDC knowing they will lose, contracted an Ewe evilman called Kpedah who was a former Supreme Court judge but has become very poor and residing in govt bangalow because of his evi ...
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During 2012 electiion, Mahama and his criminal NDC knowing they will lose, contracted an Ewe evilman called Kpedah who was a former Supreme Court judge but has become very poor and residing in govt bangalow because of his evil deeds that Nana is not a lawyer. What happened? You know how Prof Kofi Awoornor died? Where is Kojo Tsikata? Where is Atta Mills? Where is PV Obeng? Mahama and NDC should be very careful
BOY KOFI 10 years ago

NPP delegates have made stupid mistakes that history will never forgive tham.From Paul Afoko to Kwabena Agyapong to Nana Addo,the delegates did not elect the right people.The DELEGATES voted with their stomarchs and this is t ...
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NPP delegates have made stupid mistakes that history will never forgive tham.From Paul Afoko to Kwabena Agyapong to Nana Addo,the delegates did not elect the right people.The DELEGATES voted with their stomarchs and this is the consequence to face.The delegates should have known that Nana Addo has over stayed and should have voted for a new face.Now listen,this is just the beginning and no amount of media tactics can quench this case.Therefore,when it gets to court; it's going to be a marathon of the century.NPP should better look for a new leader because it's not going to finish any time soon.I am 100% sure that this case will travel over 2 years,long after the 2016 general elections.Thank you.
Friday 10 years ago

Day-in,day-out Justice Apau's report is being shredded by brilliant legal minds!What a Report it is.Hahahaaaaaa!

Day-in,day-out Justice Apau's report is being shredded by brilliant legal minds!What a Report it is.Hahahaaaaaa!

Luther King 10 years ago

Thank u prod for the brilliant submission. U are indeed a true Prof. Shame on all the ndc guys.

Thank u prod for the brilliant submission. U are indeed a true Prof. Shame on all the ndc guys.

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Election 2016 – Might Nana Akufo Addo Be Disqualified?

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