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02 DAILY QUOTE I am blessed to have so many great things in my life - family, friends and God. All will be in my thoughts daily — Lil' Kim. CONTENT ANNIVERSARIES Fri. Dec. 7 — Farmer’s Day Tues. Dec. 25 — Christmas Wed. Dec. 26 — Boxing Day DAILY HERITAGE THURSDAY, NOVEMBER 29, 2018 Published by: EIB Network / Heritage Communications Ltd. Managing Editor: William Asiedu: 0208156974 Editor: Kofi Enchill: 0265653335 ISSN: 0855-52307 VOL 7 Location: Meridian House (Starr FM) Ring Road. Box AD 676, Adabraka, Accra,Ghana. Telephone: +233-0302- 236051, 020-8156974 026-5653335 www.dailyheritage.com.gh Adverts/Mktg: Paul Ampong-Mensah 024-4360782 Fax: +233-0302-237156 Email: news@dailyheritagegh.com.gh heritagenewspaper@yahoo.co.uk FOREIGN Senegal demands return of looted art PG.04 ARTS & ENT My mission is different – Minister Nat Abbey PG.13 BUSINESS What everyone should know about Credit Cards PG.10 SPORTS I'm not interested in GFA boss now — Tony Baffoe PG.15 Korle-Bu hospital, others sued • By interdicted directors TWO INTERDICTED Directors of the Korle-Bu Teaching Hospital have filed a suit at the Human Rights Division of the Accra High Court to seek an injunction on the advertisement of their positions as vacant. The Directors, Bright Kwame Korkoryie and Dr Nurudeen Mohammed, in a writ of summons dated November 22, 2018, are also praying the court to compel the defendants, including the Attorney General, the Governing Board of the Korle-Bu Teaching Hospital and the Board Chairman of the hospital, to refrain from continuing with the process of revoking their (plaintiffs) employment. They are also seeking a declaration that, the defendants’ advertisement of the vacancy of plaintiffs’ position is ultra vires and contravenes the powers conferred on them. The plaintiffs also want an order to restore the 1st defendant to his position. The 1st plaintiff claimed that he was on leave when he saw the said advert on pages 42 and 43 of the dailies of Friday October 12, 2018 relating to his position. He said he was traumatised and had to be resuscitated by other doctors as a result of the emotional trauma he went through and the high blood pressure. The plaintiffs claim they raised the issue at a Board meeting on October 25, but the board chairman insisted the action was lawful. The plaintiffs, thus, resorted to the court action to get the court to order for the defendants to rescind their decision. The plaintiffs also want costs to be awarded against the defendants. Background It would be recalled that, some top seven directors of the Korle-Bu Teaching Hospital were not long ago interdicted. The interdiction of the directors took place after advertisements of their positions were run in the dailies as though those positions were vacant. The directors struggled hard to understand what might have triggered the advertisement of their positions that were not vacant in their view. The directors’ positions were advertised in the Daily Graphic of Friday, October 11, 2018 under the caption ‘Appointment of Directors’ as well as the Daily Guide, though the directors were at post. Of all the Korle-Bu Teaching Hospital directors’ positions advertised, five were occupied by senior public servants duly appointed. These positions were Director of Medical Affairs, Director of Administration, Director of Pharmacy, Director of Finance and Director of Human Resource. Meanwhile, the only vacant positions occupied by Acting Directors are the Director of Nursing and Midwifery, as well as the Director of General Services. The defendants, eleven in all, are expected to enter appearance. Think like record breakers • Spio charges NDC members EKWOW SPIO-GARBRAH, a flagbearer hopeful of the opposition National Democratic Congress (NDC), has charged delegates of the party to change their mindset and think like record breakers ahead of the 2020 elections. According to him, thinking like record breakers is the surest way to engage the New Patriotic Party (NPP) and its supporters in an intellectual and psychological battle and kick them out of power after they serve one term. Mr Spio-Garbrah gave the above advice during his encounter with NDC constituency executives and branch chairmen of the Tema Central Constituency at the weekend to drum home his forward agenda. In addition, Mr Spio-Garbrah, admonished them to form new slogans and songs which reflect clear cut messages of the party and then go on to teach their branch members adding that "this is a war of the mind." The experienced politician and former diplomat said “Instead of singing ONAAPO, you should say NDC, we are coming back. Instead of chanting Bobolebobo, chant NPP one-term, NDC we are coming back. Akufo-Addo, oneterm, NDC, we are coming back!" He reminded delegates about their suffering and assured them of a paradigm shift of doing things in the party to reward loyalty when elected as flagbearer and President. To this end, he declared "I suffer pass all of you...but l am injected with the principles of Kwame Nkrumah and the discipline of former • CONTINUE ON PAGE 5
WWW.DAILYHERITAGE.COM.GH DAILY HERITAGE THURSDAY, NOVEMBER 29, 2018 03 All set for 6 new regions BY MUNTALLA INUSAH muntalla.inusah@dailyheritage.com.gh ASEVEN-MEMBER panel of the Supreme Court has unanimously dismissed the suit challenging the constitutionally of the planned referendum for the creation of six new regions. The apex court in its ruling yesterday said “provisions of Article 5 are clear and contain no ambiguity.” According to the apex court, the three plaintiffs who initiated the action failed to properly invoke the jurisdiction of the court, adding that Justice Brobbey Commission’s recommendation for a referendum based on Article 5(4) of the 1992 Constitution was unambiguous. The plaintiffs, Mayor Agbleze, Destiny Awlimey and Jean Claude Koku Amenyaoglo were asking the court for an interpretation of Article 5 of the 1992 Constitution, which deals with the creation of new regions, and merger of regions. • As S/Court throws out suit against referendum It was their case that, it was unconstitutional for the referendum exercise to be staged only at the proposed areas and contended that all persons in the entire region ought to vote. Application dismissed But, the unanimous judgement of the panel, presided over by Justice Sophia Adenyira, was that Article 5 was clear, it has no double meaning, it is precise and unambiguous, and therefore, does not warrant any interpretation from the highest court of the apex court. It said Article 5 mandates the Commission of Inquiry to specify the areas where the referendum should be held, while the Electoral Commission (EC) was mandated to prescribe the manner in which the referendum was to be held. “Provisions of Article 5 are clear and contain no ambiguity. The plaintiffs have therefore failed to invoke the original jurisdiction of the court. The case is, accordingly, dismissed,” the court ruled. Seven-member panel The judgement was read by Prof. Justice Nii Ashie Kotey, one of the newly swornin Justices. Other members of the panel were Justice Jones Dotse, Justice Anin Yeboah, Justice Samuel K. Marful-Sau, Justice Agnes M. Dodzie and Justice Nene A. Amegatcher Ḃackground The applicants in the action, were essentially seeking interpretation of the Article 5(4) of the 1992 Constitution, which states: “Where a commission of inquiry appointed under clause (2) and (3) of this article finds that there is the need and a substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the President that a referendum be held, specifying the issues to be determined by the referendum and the places where the referendum should be held.” According to them, the recommendation of the Justice Brobbey’s Commission that the upcoming referendum should be carried out in the areas affected by the proposed regions and not the entire region was unconstitutional. AG’s opposition Mr Godfred Yeboah Dame, the Deputy Attorney General (AG) in his argument to oppose the plaintiffs’ application said “the plaintiffs through the invocation of this court’s original jurisdiction, subtly seek a review of how the Article 5 commission set up by the President as well as the EC, discharged the duties cast on it by the Constitution. “We submit that the duties of an Article 5 Commission and the EC under Article 5 of the Constitution are not reviewable by any person or authority, save in the case of a violation of the law or Constitution. Where the Constitution has placed a duty on a person or authority, that duty must be performed. “The performance of that duty is not questionable in the absence of an excess of the powers conferred by the Constitution or other forms of illegality committed by that person or authority. Plaintiffs have woefully failed to show any such unconstitutionality or illegality, and therefore the instant action ought to be dismissed.” EC’s response Lawyers of the EC, led by Justin Amenuvor also argued that, “what the plaintiffs in the case are asking the Supreme Court to do is to twist, alter and insert words into clear, precise and unambiguous provisions of the Constitution so as to substitute their preferred recommendation for that of a constitutionally mandated Commission that has exercised its powers and discretion within the confines of the law. “We submit that this is an unnecessary invitation to this court; it is not supported by our constitutional provisions or the jurisprudence of this court and we invite Your Lordships to decline this invitation. My Lords, we submit that on this point alone, this action ought to be dismissed Think like record breakers • READ FROM PAGE 2 President Rawlings...so vote for somebody who has suffered like you so that you can come out of your suffering." Mr Spio-Garbrah, the flagbearer aspirant, who has served the party in different capacities from 1993 to date, explained his seven-point agenda to the constituency representatives. He said when he is elected as flagbearer he would create a Welfare Committee at the National, Regional and • Spio charges NDC members Constituency levels as well as the establishment of a credit union where party members stand the chance of becoming not only members but customers and shareholders. He added that there would be entrepreneurship training where party members would be trained to think like entrepreneurs so that they could become top businessmen and women for them to have the chance to do business with government should they do well. Other points in his agenda include; Assist the youth with education, skills training, scholarships and jobs; build offices for all constituencies to ensure logistics are properly shared; Strengthen women's wing to include income generating activities; As President, spend one afternoon each week at party's headquarters to meet party members and Create National and Regional Business Development Committees. • Ekwow Spio-Garbrah, 2020 NDC flagbearer hopeful
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