21.09.2005 General News

Court adjourns Ansa-Asare's case

21.09.2005 LISTEN

Accra, Sept. 21, GNA - A court presided over by Mr Justice P. K. Gyaesayor, an Appeal Court Judge sitting as a vacation judge, on Wednesday adjourned to Thursday the hearing on an application for an Order of Prohibition filed by Mr Kwaku Ansa-Asare, Director of the Ghana School of Law, against the Committee investigating him.

The application seeks to prohibit the five-member Committee of enquiry, which was set up to investigate allegations of corruption and abuse of office against Mr Ansa-Asare, from continuing with its work. When the Trial Judge asked Mr Ansa-Asare who his counsel was he said he would engage one at an appropriate time.

Mr Joe Ghartey, Deputy Attorney-General, representing the Committee, argued that the applicant clearly disregarded the procedure of the court.

Mr Ghartey contended that the applicant should have filed his statement 14 days before the hearing.

He stated that it was premature for the court to hear the case saying it could be appropriate to hear the case when the 14 days elapsed.

The Deputy Attorney, therefore, prayed the court to dismiss the case.

The members of the Committee chaired by Mr Justice Akamba, an Appeal Court Judge, are Mr Eric Agbolosu, Chief State Attorney at the Attorney-General's Department, Mr Tetteh Mensah and Mr George Amegah, both of the Serious Fraud Office and Mr Eddie Boafo of the Auditor-General's Department.

Mr Ansa-Asare told the court that the statement by the Defence that the application was premature was untenable.

The applicant stated that the 14 days was supposed to elapse on Friday and he called on the court to receive oral submissions. He argued that hearing of the case should not be interrupted. In an application for an Order of Prohibition, Mr Ansa-Asare contended that the conduct of the Committee constituted a breach of Article 17 of the 1992 Constitution.

He averred that members of the Committee had not afforded him equal treatment before the law and had been discriminatory in the way they treated him as compared to their treatment of Mr Maxwell Opoku Agyemang and Mr Albert Adare, who are petitioners in the enquiry.

The application also stated that the discriminatory behaviour of the Committee was exemplified by their involvement in the attempt to suborn Mr Peter Worglo, a worker at the School, to give false evidence about the registration of his daughter, Irene Ansa-Asare. It said the Committee members had made public utterances that he had something to hide and that he had improperly withdrawn billions of cedis from the accounts of the School when they did not have any proof of such withdrawals.

"The Committee accused Mr Ansa-Asare of creating unspecified abnormalities in the school regarding which no evidence had been offered before them.

"Significantly, Maxwell Opoku Agyeman was allowed to offer testimony regarding facts of which he had no personal knowledge and to make bare allegations of impropriety against Mr Ansa-Asare without any proof whatsoever."

He said the bias of the respondents and their hostility towards him were palpable, unconcealed and could be seen and felt by all present at the proceedings.

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