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22.09.2005 Crime & Punishment

Ansa-Asare’s Case To Be Dismissed?

By Chronicle

AG applies for dismissal of Ansa-Asare's suit … Says it is premature before the court AN ACCRA High Court yesterday commenced hearing on an application for an order of prohibition issued by the embattled Ghana School of Law (GSL) Director, Mr. Kwaku Ansa-Asare against the members of the committee of enquiry investigating allegations of impropriety leveled against the Law School boss.

However, the Deputy Attorney General, Joe Ghartey, representing the members of the committee instituted by the Attorney General and adopted by the General Legal Council, told the court presided over by Justice P.K. Gyaesayor that applicant's case was not properly laid before the court and therefore should be dismissed for non-prosecution.

According to Mr. Ghartey, the application was premature as it lacked a statement of case required under the rules of court, to be filed together with the application and which was to satisfy a mandatory 14-day period before it is moved in court.

The Deputy Attorney General noted that before the application was ripe to be heard, it required under the laws that a statement of case be filed within a time lapse of 14 days and duly certified by the Registrar, arguing that the applicant did not comply with the requirements.

Responding to the argument raised by counsel for the respondents, Mr. Ansa-Asare, who represented himself as counsel, indicated that arguments put forward by counsel for the respondents for the dismissal of his application were untenable.

He argued that he had 14 days within which to submit his statement of case that ends on Friday, September 23, 2005.

According to him, he received respondents' affidavit in opposition on Tuesday, September 20, 2005 though the respondents had exhausted a-seven-day time lapse within which to respond to his application but had not made any case out of the time lapse on the part of the respondents.

Nonetheless, Mr. Ansa-Asare told the court that he needed not to comply with the 14 days time lapse before he moved his application in court. Besides, he indicated that he would file his statement of case today to be certified by the Registrar.

Justice Gyaesayor has fixed today, September 22, 2005 for ruling on the matter.

Mr. Ansa-Asare on September 6, 2005 issued a prohibition writ against members of the Akamba committee that is probing him, for mismanagement and conflict of interest among others.

The respondents included the chairman of the committee, Justice J.B. Akamba, an Appeal Court judge, Mr. Eric F.A. Agbolosu, Chief State Attorney, Mr. AbednegoTetteh-Mensah, Assistant Director of the Serious Fraud Office, Mr. Eddie Boafo, Assistant Auditor-General and District Sergeant George Amegah of the Ghana Police Service.

Mr. Ansa-Asare is seeking the relief on the grounds that the conduct of the committee breached Article 17 of the 1992 Constitution in that he was not fairly treated before the law as compared to two witnesses, Mr. Maxwell Opoku Agyemang and Mr. Albert Adare, who appeared before the committee.

Additionally, he noted that the discriminatory behaviour of the members of the committee demonstrated their involvement in the attempt to induce Mr. Peter Worglo, a witness at the committee, to give false evidence about the registration of his daughter, Irene Ansa-Asare, including their utterances that imputed wrongdoings to him.

Earlier on, the judge had questioned why Mr. Ansa-Asare would not engage the services of a counsel after the applicant stood to represent himself in cour.

Mr. Ansa-Asare in response asserted that he had looked at the rule and at the appropriate time, he would seek for the services of a counsel.

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