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(February 12, 2013)
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A member of the NDC legal team, Abraham Amaliba reiterated on Joy News that the bad faith was premised on the fact that the petitioners focused their claims of irregularities in the stronghold of the first respondent, to portray as though the infractions only occurred there. He said what the lead counsel for the third respondent, Tsatsu Tsikata sought to do in court was to point out similar infractions in the stronghold of the first petitioner, which he claimed were overlooked by the petitioners. “First and foremost, you need to understand that these petitioners headed to court with these allegations they called irregularities, these allegations we described as administrative errors,” he remarked. He insisted that the assertion of bad faith was pleaded in the affidavit of the third respondent. But this attracted a sharp rebuttal from a member of the petitioners’ legal team, Madam Gloria Akuffo, who described the claim as a “lie”. She explained: “The truth of the matter is that Mr Tsikata was seeking to lay a foundation for making a case of having brought the case in bad faith. The rule requires that when you make such an allegation, you don’t leave it to a general traverse: that is just making the allegations without giving any further details.” She said the counsel should have provided particulars to prove that there was bad faith in the case brought by the petitioners, but that was not done in their affidavit sworn to by Mr Asiedu Nketia, representing the first and third respondents. She therefore accused the respondents of going through the “backdoor” to get their case heard, and promised that the petitioners will “strike out as having been put there irregularly”. But Mr Amaliba countered her claim, and accused her of laying claim to an “untrue” statement, adding that Madam Akuffo was relying on High Court’s civil procedure rules, when the case is being heard at the Supreme Court. He cited the ruling bothering on bad faith on a pink sheet from Asokwa, saying the court had only wanted to ensure that “their ruling today would be in tandem with their earlier ruling”. Nevertheless, Madam Akuffo thinks Mr Amaliba has “misstated the ruling of the court”. She said: “The court in applying the rules had ruled that, as far as it is practicable, it will apply the Supreme Court rules of procedure. But where there are no specific provisions in the Supreme Court rules, it shall apply the High Court civil procedure rules.” NDC lawyer Tsatsu Tsikata today accused principal witness of the petitioners Dr Mahamudu Bawumia and his co-petitioners of deliberately ignoring pink sheets in the NPP’s stronghold which have the same alleged infractions. But lead counsel for the petitioners, Phillip Addison objected strongly to the accusation. Mr Addison insisted that Mr Tsikata had no evidence to back that accusation. After few minutes of back and forth, president of the judges hearing the case, Justice Atuguba deferred ruling on the objection raised on bad faith. He said the panel have ruled on a similar objection and will want to be consistent, and therefore want to locate that ruling. Proceedings was adjourned to Wednesday, 930 am for the ruling. |
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Tsikata has tried to prove with several pink sheets that exhibits used by Bawumia in his evidence was ripe with “dishonest” and “misleading” claims. Counsel showed him pink sheet exhibits which has been mislabeled and put in different categories of irregularity. He cited the pink sheet exhibit for Methodist Primary at Huniso and asked the witness to locate the counterpart copy. Bawumia located it but with a different exhibit number. In all these pink sheets, Dr.Bawumia has admitted that they are “mislabeling” errors but insisted with his trademark line that “it was used once in his analysis”. He again showed him repetition of the exhibit numbers in the counterpart copies provided by the petitioners and asked Bawumia to confirm it. Witness confirmed the repetition but again attributed this to "mislabeling". Examination of exhibit number 005998 then threw up the drama. “There is an exhibit attached to affidavit with a certain polling station now you are giving a different polling station to that exhibit already in evidence”, Tsatsu questioned. He added “it is not true when you try to suggest that an exhibit with that number has been provided to this court. This an example of your dishonesty to the court” Bawumia explained by admitting that “there was a mislabeling of two polling stations Catholic JSS Prestea and funeral grounds Ankaba for which the same serial number was used”. “It is an error”, he said. His remedial suggestion was that “we can relabel this properly”. He then proceeded to passionately address Tsatsu’s accusation of dishonesty. “If you want to be honest with the court let us put down my analysis. If you are not afraid of the truth, show me one repeated polling stations in my analysis. If you are afraid of the truth then of course you would hide behind these exhibit numbers”. His latest response drew the attention of Presiding Judge Atuguba. “This is not a free fight” and do not trade "Bukom blows”, he warned Bawumia. “Limit yourself to the extent of the question," he advised. Tsatsu insisted that the issue should not be "treated lightly". He asserted he was “not afraid of the truth” but “bothered” about his propensity to be dishonest. He said Bawumia was avoiding his questions. Counsel for the Petitioners, Philip Addison waded into the controversy, mocking Tsikata that he got the answer he asked for. According to him, it was he, Tsikata who questioned the integrity and honesty of the witness and the witness responded in like manner. Justice Atuguba then intervened and said that Bawumia ought to understand that he could not "crossfire", he [Tsatsu] was not him the witness box. "In the witness box your credibility is at stake" not opposing counsel, Atuguba intoned. |
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Source: Communications Directorate, NPP/Ghana |
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In May 1997, the French Weekly Newspaper published these stolen assets of African rulers: General Sani Abaca of Nigeria, 120 billion FF (or $20 billion); former Ivorian President H. Boigny, 35 billion FF (or $ 6 billion); General Ibrahim Babangida of Nigeria, 30 billion FF (or $ 5 billion); the late President Mobutu of Zaire, 22 billion FF (or $ 4 billion); President Mousa Traore of Mali, 10.8 billion FF (or $ 2 billion).
A major shift in funding development in Africa is accelerating. Major donors have been urging African governments to eradicate corruption or face cuts in aid. (African Recovery, by Sam Chege)
Despite the country’s abundant natural resources, including copper, gold and diamonds, the people of the Democratic Republic of Congo continue to sink further into poverty. Meanwhile, Mobutu, the late president who died in 1997, amassed a personal fortune of $5 billion, which was deposited in Swiss banks. (CNN world news, September 7, 1997). After more than three years of legal wrangling, the Nigerian government has finally achieved a major breakthrough in it’s efforts to recoup a substantial amount of money looted by the former president, General Sani Abacha. The money was stored in Swiss bank accounts. Abacha, who died of an apparent heart attack in 1998, had been accused of stealing nearly $3 billion from state funds in a series of staggering revelations of how he and his immediate family personalized Nigeria’s treasury. (This DAY, May 30, 2002)
An excellent way to get rich quick is to be the ex-wife of an ex-president. This is what Mrs. Vera Chiluba is claiming from ex president Chiluba in her application to Ndola High Court: She wants US$2.5 billion in a lump sum, and claims she can prove he has the funds available. She also requires maintenance for their nine children, none of whom are in gainful employment. She also needs a share in 6 properties in Ndola and a commercial farm in Chi samba. Also she needs a new executive Mercedes Benz 500 (or 600), a new Land Cruiser, a new Nissan Patrol, drivers as well and a court order for the return of 400 cattle, sheep and goats which are still at State Lodge.This was taken from the Zambia Post and was also reported in The Zambia Society Newsletter compiled by the glamorous Maggie Currie. Are African presidents the only ones so clever in accumulating wealth so quickly? Even ex president Marcos of the Philippines didn’t get hold of such huge amounts in such a short time. (Elias Georgopoullos, Saturday, April 27, 2002 at 12:52:22 PDT)
The French journal, ‘L’Evenement du jeudi published an article stating that the president of Cameroon, Paul Biya, is worth more than $45 billion FCA, money gleaned from the sales of petroleum. Mr. Biya has not refuted these claims.(Post watch Fact File report by Ntemfac Ofeae, undated).
The late president Mobutu of the Democratic Republic of Congo holds the record for financial plunder and national ruin. It is estimated that he stole $4 billion, leaving the country poorer than he found it, with ruined infrastructure and no formal economy to speak of. A close second to Mobutu is the late dictator of Nigeria, Sani Abacha, whose rule left 70 percent of Nigeria’s 120 million people living on less than one dollar per day. In Kenya, the Daniel Arap Moi dictatorship must be given credit for the systematic destruction of what used to be Africa’s economic showcase from the 1960s through the 70s. The authoritative Africa Confidential put Moi’s external bank holdings at $3 billion. In the so-called Goldenberg scandal, the Moi regime bolted with an estimated $1 biliion from its own central bank (12 percent of the national’s GDP), setting off a spiral of inflation, economic stagnation, unemployment, crime, ruined agricultural sector and decaying public services. (Testimony on the social and political costs of the theft of public funds by African Dictators: US House of Representatives Committee on Financial Services by Michael Chege, University of Florida, May 9, 2002)
Recent surveys carried out by the World Bank in a series of developing countries to compare budget allocations to actual spending at the facility level have confirmed that resources are not allocated according to underlying budget decision. In Uganda and Tanzania, large parts of funds were diverted elsewhere or for private gain. (U4 Utstein Anti corruption resource website) Peter Machungwa, Home Affairs Minister, Godden Mandandi, Works and supply Minister were arrested on Tuesday night in connection with the disappearance of $2 billion in government funds.(Business Day, October 24, 2002) Paul Tembo, former deputy minister of Finance, was shot dead in his home hours before testifying in corruption trial of three cabinet ministers. (BBC News, July 9, 2001). Zambian police and politicians have been identified to be the worst corrupt elements in the country. (AllAfrica.com, March 1, 2001)
SOURC :TRACEAIDFor example, in 1997, the French Weekly Newspaper published these stolen assets of African rulers: General Sani Abaca of Nigeria, 120 billion FF (or $20 billion); former Ivorian President H. Boigny, 35 billion FF (or $ 6 billion); General Ibrahim Babangida of Nigeria, 30 billion FF (or $ 5 billion); the late President Mobutu of Zaire, 22 billion FF (or $ 4 billion); President Mousa Traore of Mali, 10.8 billion FF (or $ 2 billion).
Other names mentioned by the French Weekly were President Henri Bedie of Ivory Coast, 2 billion FF (or 300 million); President Denis N'guesso of Congo, 1.2 billion FF (or 200 million); President Omar Bongo of Gabon, 0.5 billion FF (or $ $80 million); President Paul Biya of Cameroon, 450 million FF (or $70 million); President Haile Mariam of Ethiopia, 200 million FF (or $30 million); and President Hissene Habre of Chad, 20 million FF (or $3 million). Bear in mind that this list does not reflect the actual amount of money stolen out of Africa by these dictators. Factually, the mentioned figures had changed significantly since the French Weekly article was published in 1997. There are now new African billionaires and millionaires, including indicted former Liberian President Charles Taylor, President Gabassinga Eyadema of Togo, former Liberian Warlord Alhaji Kromah, former Ghanaian dictator Jerry J. Rawlings, and the late President Samuel Doe of Liberia; a host of African government ministers would make an updated list. While returning funds stolen out of Africa is the right thing to do, efforts must be made by the West and responsible African governments {i.e. the government of Botswana, etc.} to alter international banking laws that will make it difficult for Africa's government officials and corrupt business personalities to transfer huge funds into western banks. The measure was first proposed following the September 11, 2001 attacks but was rebuffed by western financial institutions. Again, we need to revisit this issue: the terrorists could use the thieves in Africa's government Ministries to transfer money into western bank accounts—the money could be used at a later time for terrorists' activities