‘Tribunal has jurisdiction’

By Paul Awortwi-Mensah

THE Supreme Court in a unanimous decision of five to nil yesterday ruled that the Greater Accra Regional Tribunal, hearing the case in which two policemen are charged with stealing ¢100 million belonging to the National Democratic Congress (NDC) from the residence of the Attorney-General, Dr. Obed Asamoah, has full jurisdiction to hear the case.

The court, therefore, ordered the two accused persons, Constables Fedelix Kwame Yebbi and Anthony Kwesi Avalifo, to appear before the tribunal on April 18, for proceedings to continue. The court was constituted by Mr. Justice A. K. B. Ampiah (presiding), Mr. Justice G. K. Acquah, Mr. Justice F. Y. Kpegah, Mr. Justice E. D. K. Adjabeng and Ms. Justice S. A. B. Akuffo. The ruling became necessary after the regional tribunal had referred the case to the court for interpretation when the accused persons raised an objection that it had no jurisdiction to hear the case. The objection was raised on the grounds that the money which was allegedly stolen belonged to the NDC and not to the state nor was the case of public interest. In its ruling, which was read by Mr. Justice Acquah, the court said the High Court has jurisdiction in all criminal matters, adding that the Courts Act makes provision that the Regional Tribunals have concurrent jurisdiction with the High Court in all criminal matters.

It said the NDC is a political party registered under the Political Parties Law and has satisfied all the conditions set for it to operate as a legal entity in the country even though it is not the State nor the public.

According to the court, although a political party is not the state, everything about a political party is a matter of public interest and, therefore, stealing money belonging to a political party is of public interest since members of the party have the right to ensure that the perpetrators are brought to book. It would be recalled that the two policemen who were on guard duties at the residence of the Attorney General in 1997, allegedly acted in league to dishonestly appropriated ¢100 million which belonged to the NDC and was being kept by Dr. Asamoah for disbursement in respect of party activities. Within a period of seven months, from September 1997 to April 1998, the two policemen, Yebbi and Avalifo are said to have stolen the money in bits to the tune of ¢100 million. Mr. Anthony Gyambiby, Principal State Attorney represented the Republic while Captain Nkrabeah Effah-Dartey (rtd), an Accra legal practitioner, represented the accused.