Categories
Politics

Justice Kpegah to open fresh case against Nana Addo; accuses CJ of complicity in dismissal of his writ

Retired Supreme Court Justice Francis Yaonasu Kpegah has stated that he will open a fresh case against 2008/2012 Presidential Candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo.

According to him, his earlier writ filed at the Fast Track High Court, was dismissed because the Chief Justice, Justice Georgina Theodora Wood, instructed it so.

In a statement released on Tuesday, May 14, 2013, Justice Kpegah openly accused the General Legal Council, the Judiciary and the Ghana Bar Association of going “hell bent on defending NANA AKUFO-ADDO in the suit I instituted against him at the Fast Track Division of the High Court.”

He cited that an inscription at the premises of the courts – ‘JUSTICE IS NOT FOR SALE’ – seem to have given way to ‘JUSTICE IS FOR SALE to the highest bidder’ in the current system.

The former Supreme Court judge threatened to make stunning revelations if the independence of the judiciary is not sustained.

“I hope they will maintain the independence required by the ethics of our profession. They should not push me to the wall to make a number of damning revelations that will haunt them for the rest of their lives.”

He observed that Nana Addo, instead of filing a defence to his writ, rather applied to have the case struck out.

“For the record, the defendant, Nana Akufo-Addo NEVER filed a defence to my statement of claim. He simply had no defence to the fact that he was never duly called to the Ghana Bar. He, however, filed an application to strike out the action as frivolous, vexatious, an abuse of the process and disclosing no reasonable cause of action,” Justice Kpegah stated.

Accusing Chief Justice Georgina Wood of having a hand in dismissing the case, Justice Kpegah said one Lawyer Ebow Dawson, a “loud mouth of the NPP”, was overheard in a drinking bar in Cape Coast boasting that “they” have colluded with Chief Justice Wood to have the case dismissed.

“He stated emphatically, that ‘they’ had pre-arranged with Her Ladyship the Chief Justice, Georgina Theodora Wood to put Justice Mrs Cecilia Sowah on my case so they can expose her relationship with the Vice President, Amissah Arthur. It is an open secret that the presiding Judge, Justice Mrs Cecilia Sowah is a sibling of His Excellency the Vice President. The Chief Justice, Her Ladyship Georgina Theodora Wood thus colluded with the Defendant, Nana Addo Dankwa Akufo-Addo and his agents in order to set up this innocent Judge and thereby create the impression that the ruling government is behind this suit,” he alleged.

“The complicity of the Ghana Bar Association in trying to protect NANA AKUFO-ADDO is there for all to see. To start with Lawyer Frank Davies whose law firm entered appearance for and on behalf of, NANA AKUFO-ADDO is the chairman of the Accra Regional Branch of the Ghana Bar Association. How can such a person who should be interested that professional standards are not compromised at the Bar, be the lawyer for NANA   ADDO   DANKWA   AKUFO-ADDO,” Justice Kpegah’s statement said.

Describing the case as ‘Thriller in Manila’, Justice Kpegah stated that he is determined to see to the logical conclusion of the case so that “the world will one day remember me as an upright man who against all odds maintained that professional ethics should not be sacrificed for the convenience of one man.”


Source: 3news.com|Ghana

Categories
Politics

Justice Kpegah’s suit against Nana Addo dismissed

A suit filed by Justice Francis Yaonasu Kpegah against the 2012 Presidential Candidate of the New Patriotic Party (NPP) has been dismissed.

The retired Supreme Court judge had filed the suit against Nana Addo Dankwa Akufo-Addo accusing him of illegally holding himself out as a lawyer.

Documents available at the General Legal Council prove that Nana Addo had been called to the bar. That happened on July 8, 1975.

An extract of Roll Book of the Council states that “William Addo Dankwa Akufo-Addo, BA (Hons), of the University of Ghana, of Peduase Lodge, Aburi, Ghana, the first son of Edward Akufo-Addo, of Ghana, aforesaid President of Ghana was specially admitted to the Middle Temple on the thirteenth day of January one thousand nine hundred and sixty-nine. Called to the Utter Bar on the twenty-second day of July One thousand nine hundred and seventy-one and published in the common dining hall of the said Society on the same day. And that he hath paid all duties which were owing by him to the Society and the officers thereunto belonging.”

Justice Kpegah had failed to appear on the first day of hearing, citing ill-health.

He had promised to make an appearance at Thursday’s hearing to prove beyond all doubt that the former Attorney-General and Minister of Justice has not been called to the bar. He also called for a live telecast of the suit.

Source: 3news.com|Ghana

Categories
Politics

Justice Kpegah’s suit is “reckless”; ought to be dismissed as frivolous – Nana Addo

The Presidential candidate of the New Patriotic Party (NPP) in December 2012 elections, Nana Addo Dankwa Akufo-Addo, has filed a supplementary affidavit to support his claim that he was indeed enrolled on July 8, 1975, to practice as a legal practitioner in Ghana.

A letter dated April 12, 2013 and signed by the Administrative Secretary of the General Legal Council, Mr Bernard Bentil, has been forwarded as an extract from the records of General Legal Council.

The letter indicated that Nana Akufo-Addo had been called to the Ghana Bar.

According to Nana Akufo-Addo, he has been a lawyer of “good standing for the past 40 years” adding, that position was known in the records of the General Legal Council.

He has, therefore, described the instant action instituted by a former Justice of the Supreme Court, Mr Justice Francis Yaonasu Kpegah, as, “nothing but a reckless endeavour by the plaintiff to smear my reputation not only in Ghana but internationally, and ought to be dismissed as frivolous and vexatious with punitive costs.”

In a supplementary affidavit filed in support of his original April 3, 2013 affidavit which is seeking the High Court to strike out the suit accusing him of impersonation, Nana Akufo-Addo said the suit “smacks of mischief”.

The plaintiff, Mr Justice Kpegah, filed the suit on March 19, 2013, at the Fast Division of the High Court and accused Nana Akufo-Addo of impersonation.

His contention was that Nana Akufo-Addo was holding himself as a lawyer when his name was not on the roll of lawyers in Ghana.

But in a sharp rebuttal, Nana Akufo-Addo, filed an affidavit on April 3, 2013 and prayed the court to strike out the suit as “frivolous, vexatious, an abuse of the court’s process and disclosing no reasonable cause of action.”

The supplementary affidavit sworn by Nana Akufo-Addo on April 17, 2013, stated that on April 11, 2013 per his instructions, his solicitor, Mr Godfred Yeboah Dame, formally applied to the General Legal Council, for a certified photocopy of the extract from the Roll Book for July 8, 1975.

“That by a letter dated April 12, 2013, the General Legal Council furnished my solicitor, Godfred Yeboah Dame, Esq., with a certified photocopy of the full extract from the Ghana Roll Book for July 8, 1975. Attached herewith and marked as Exhibit “NADA 4” and NADA 4A” are copies of the said letter from the General Legal Council and the certified true copy of the extract.”

“That as simply demonstrated by the exhibits, I was admitted as Legal Practitioner in the Courts of Ghana on July 8, 1975,” the supplementary affidavit emphasized.

In the light of the exhibits, Nana Akufo-Addo stated that Mr Justice Kpegah’s claim that he (Mr Justice Kpegah) had caused a discreet investigation to be conducted on Nana Akufo-Addo’s status, “is patently false and smacks of mischief, since the most cursory of investigations by the plaintiff would have revealed the undisputable fact that, for almost 40 years, I have been a lawyer in good standing known to the records of the General Legal Council of Ghana.”

To further buttress his claim that he was a recognized lawyer in Ghana, Nana Akufo-Addo said he was the first son of the late Edward Akufo-Addo, former President of Ghana and was known to the whole world, “except apparently the plaintiff herein whose perception is blurred by mischief.”

“And as is apparent from the exhibits, I duly signed the Roll Book on July 8, 1975 together with the then Chairman of the General Legal Council, His Lordship the Chief Justice Samuel Azu Crabbe (of blessed memory) and the Judicial Secretary.

Attached to Nana Akufo-Addo’s supplementary affidavit as exhibits, are the letter from his solicitor which requested for a certified copy of the extract from the Roll Book, the response from the General Legal Council as well as the extract from the Roll Book.

The extract from the Roll Book include the signatures of Nana Akufo-Addo, the Judicial Secretary and the Chairman of the General Legal Council at the time.

In the substantive suit, Mr Justice Kpegah, is seeking a declaration that on a true and proper interpretation of the General Legal Council Act, Act 38 of 1960 (as amended) unless a person is called to the Bar in Ghana and entered in the Roll of Lawyers by the body mandated under the said Act 38 (as amended) to regulate the training and certification of persons after a prescribed course of study, that person cannot be deemed competent to practice law in any court of Ghana.

He is also seeking a declaration that the law firm established as Akufo-Addo, Prempeh and Co. at 67 Kojo Thompson Road, Adabraka, Accra was an illegal law firm and thus not competent to represent any party in litigation before any court in Ghana.

The former Supreme Court judge is pleading with the court to grant a perpetual injunction restraining Nana Addo Dankwa Akufo-Addo from holding himself out as a lawyer competent to practice in the Ghanaian courts or anybody regarding him as such.

In a statement of claim accompanying the writ of summons, the retired judge also accused former President John Agyekum Kufuor of complicity when his government knew or ought to have known that Nana Akufo

Addo was not on the roll of lawyers, but appointed him as Attorney-General and Minister of Justice, who by the provisions of the 1992 Constitution must be a lawyer in good standing.

The statement of claim accompanying the writ of summons also indicated that Nana Akufo-Addo never signed the matriculation book at the Ghana School of Law, which was evidence of enrolment in an institution.

According to the plaintiff, the defendant was not known to have changed his name neither had he been installed anywhere in the country within the meaning of the 1992 Constitution and the Chieftaincy Act.

According to the statement, the defendant was impersonating W.A.D. Akufo Addo, who is on the roll of lawyers as number 1190.

It said claims by the defendant that he obtained his early education at Government Boys School and later Kinbu before proceeding to the UK for his Ordinary and Advanced Level certificates implied that he obtained his Ordinary and Advanced Certificates in the UK.

It said Nana Akufo-Addo returned to the UK to read law and was called to the English Bar (Middle Temple) as Number 1190 on the roll of lawyers in Ghana.

The statement averred that the defendant never took advantage of the provisions of the General Legal Council Act which enabled people like Mr R.J.A. Stanley Harvey of Grey’s Inn,  who was called to the English Bar in 1947, but was specifically called to the Ghana Bar in 1972 to enable him to practice in Ghana.

“Former President Kufuor who claims to have read law in Oxford has not been called to the Ghana Bar and, therefore, keeps a respectful distance from the courts,” the statement said, adding that Professor Kwamena Ahwoi, who had not been called to the Ghana Bar, therefore, restricted himself to academia.

The statement noted that no lawyer in Ghana worth his sort could say that if you were called to the English Bar you could automatically practice in Ghana without being called to the Ghana Bar.

He is, therefore, praying the court to grant the reliefs sought but Nana Akufo-Addo has denied all the claims.

Source: Daily Graphic

Categories
Politics

Justice Kpegah may be suffering from ‘old age disease’ – NPP MP

New Patriotic Party (NPP) Member of Parliament for Berekum East Constituency Dr Kwabena Twum-Nuamah says Justice Francis Kpegah, who recently sued NPP’s Nana Addo Dankwa Akufo-Addo at the courts for impersonation, may be suffering from senile dementia.

Senile dementia is a disease that affects people in their old age.

According to Dr Twum-Nuamah, Justice Kpegah’s age may be having a toll on him.

He, therefore, advised that the former Supreme Court judge, who acted as Chief Justice at a point in time, would have to be “seen” by a doctor.

The Berekum East MP was speaking on TV3’s weekend news analysis programme Headlines on Saturday, March 23, 2013.

“Nana Addo has been visible in this country for God knows how many years now, and for someone to say he is not a lawyer, the person needs to be gotten closer to,” the medical practitioner said.

He noted it is not the Supreme Court which even determines who is a lawyer.

“It is the General Legal Council that determines who is a lawyer,” he added.

Comic relief

National Democratic Congress (NDC) MP for Cape Coast South Constituency George Kwaku Rickett-Hagan described Justice Kpegah’s suit as “nonsense”, adding it may be to lighten the political tension in the country.

“He [Nana Addo] is a lawyer. I think it is mischievous. It is just to lighten the political atmosphere,” he said.

According to him, the issue has come up before and has been clarified, so he saw no need for the country to give it time.


Source: 3news.com|Ghana

Categories
Politics

Justice Kpegah owes the state GH¢689,840 in rent – Young Patriots

The youth wing of the opposition New Patriotic Party (NPP), the Young Patriots, has expressed disgust “at the abuse and deliberate running down of State Bungalow” by Justice Francis Kpegah, who recently filed a suit against NPP’s 2012 Presidential Candidate Nana Addo Dankwa Akufo-Addo for impersonation.

In a statement jointly signed by Hopeson Adorye, Richard Nyamah and Fred Amankwah and issued on Thursday, March 21, 2013, the retired Supreme Court judge since December 4, 2008, when he retired from service, has “refused to pay rent, water bill and electricity bill for his 5-bedrrom house property he occupies with his wife and two children”.

According to them the total amount owed the state by Justice Kpegah is GH¢689,840.

Below is the full text of their statement:

The Young Patriots wishes to express its disgust at the abuse and deliberate running down of State Bungalow and  the refusal to by no less a person than a retired Supreme Court Judge, who ought to know better.

Ever since his resignation from the Judicial Service as a Supreme Court judge on the 4th of December 2008, which required that the he vacates his property, Justice Kpegah has been living on the largess of the state, for the last 6½ years.

The Young Patriots can confirm that he resided at his Osu residence, close to the Passport Office, adjacent the Apex Bank, for two years before his December 4 resignation and has refused to vacate this property.

Over this period, he has refused to pay rent, water bill and electricity bill for this 5-bedroom house property he occupies with his wife and two children, out of the eleven (11) he has.

The property is going for a market value of $6,000 a month, but was discounted at $3,000 for a month because of his status as a Supreme Court judge. This will bring it to a total of $324,000 (GH¢618,840) for the 6½ year duration, which he owes. We can also confirm that Justice Kpegah owes water bill to the tune of GH¢23,000, with electricity bill totalling some GH¢48,000 yet unpaid.

Justice Kpegah owes a total of GH¢689,840.00 on rent and utility bills on the 5-bedroom state bungalow. This bungalow has been rundown so badly that it even houses poultry and pigs. 

As though this was not enough, we can confirm that a Tata 4×4 vehicle he acquired, through hire purchase, has still not been fully paid for.  Furthermore, a Peugeot 607 vehicle allocated to him by the Judicial Service when he was a Supreme Court Judge, also to be paid for through hire purchase, has not been paid for.

As a law abiding citizen, the Young Patriots expect Justice Kpegah to pay the rent plus utility bills he owes which amounts to GH¢689,840.00 and also pay for the cars he drives.    

On the recent suit filed by Justice Kpegah against the 2012 Presidential Candidate of the New Patriotic Party, Nana Addo Dankwa Akufo-Addo, most well-meaning Ghanaians are shocked by what they describe as an absurdity on the path of the retired Supreme Court judge.

What Justice Kpegah is telling Ghanaians is that Nana Akufo-Addo indulged in self-impersonation, which is in itself very ridiculous.

owever, we the Young Patriots were not surprised by what he has done. Indeed, this clandestine plot was hatched during the tenure and with the full knowledge and sadly, the blessing of the late President, John Evans Atta-Mills. This writ filed by Justice Kpegah was done with the help of former deputy Chief of Staff, Alex Segbefia. We will leave the finer details for later.

All we are asking Justice Kpegah for now is to pay what he owes the state and move into his own building, which we understand he doesn’t have.   

 

……Signed……..

Hopeson Adorye

Richard Nyamah

Fred Amankwah

Source: 3news.com|Ghana

Categories
Politics

Justice Kpegah’s allegations ‘pedestrian, crippled, lame and bogus’ – Kwame Akuffo

A member of the legal counsel of the 2012 Presidential Candidate of the New Patriotic Party (NPP), Kwame Boadu Akuffo, has described the allegations of Justice Francis Kpegah as “a waste of everybody’s time”.

Speaking on TV3’s late night news analysis programme News @ 10, Lawyer Akuffo, who practises at the Akufo-Addo, Prempeh and Co., legal firm admitted they have not been served with a writ yet but from what they hear from the grapevine, the former “Deputy Supreme Court” judge’s suit is flawed.

“The allegations are pedestrian, crippled, lame and a waste of everybody’s time,” he burst out.

“It is completely bogus,” he emphasized.

Justice Kpegah is accusing Nana Akufo-Addo for holding himself out as a lawyer when documents about him prove otherwise.

He is accusing the former Attorney General of impersonation.

Justice Kpegah’s suit also indicts former President John Agyekum Kufuor for appointing Nana Addo during his regime as Attorney General, who doubled as leader of the Ghana Bar Association.

Lawyer Kwame Akuffo adduced that Justice Kpegah should rather be implicated for impersonation as his portfolio of Deputy Supreme Court Judge – as indicated on his writ – is nonexistent.

He also accused Jusitcie Kpegah for not following due process as “it is the General Legal Council that offers positions or state who is a lawyer”.

He stated that Nana Addo’s name appears as William Addo Dankwa Akufo-Addo, Number 1190 in the list of lawyers of Ghana and was called to the bar in England in the 1971.

He alluded to the same issue coming up in 2008 when the late Professor John Evans Atta Mills, who was then leader of the opposition National Democratic Congress (NDC), dismissed it.


Source: 3news.com|Ghana