Wednesday, 22 November 2023

JAKPA PALACE: THE ROLLING DRAIN ON THE PROGRESS OF GONJA?


By Issifu Seidu Kudus Gbeadese

(Youth Imam from Laribanga)

0244198031


The pain and struggle that a man experiences when he attempts to gather spit from a dried throat mostly results in a momentary cough that he did not anticipate. If you are surprised to read from me (a man in solitude), it is because my throat is visibly dried and I have to endure a dry cough over the happenings in my Kingdom (Gonja).


I decided to withdraw from writing and speaking about the Gonja Kingdom for very personal reasons, but to the extent that representations are made on our behalf by our palaces especially the Jakpa Palace (the embodiment of the Gonja People), I, and every Gonjalander, has the responsibility to speak to the issues that ensue as a result, even where the architecture of the chieftaincy institution does not observe the principle of democracy. To that extent, I wish to humbly resume from my break and speak to the rumbling and tumbling in the Kingdom.


Jakpa founded this Kingdom on the annals of unity, and this has been our strength for all this while. If there was anything that made the Gonja Kingdom great, it was because a brother was the keeper of another. That was why when the War broke in the Kpembe traditional area in the 1990’s, the entire Kingdom was hit with an emergency to respond to. Today, can we say that the Gonja Kingdom can and will protect its own in times of need? Today, can a Gonja be proud to be identified as such given the conspicuous decay in the Kingdom?


I hardly read from the Gonja Platfroms these days, not because of pride or any selfish reasons, but because we enjoy discussing the small things and praise-singing at the expense of the bigger issues of anti-progress, poverty and backwardness that our Kingdom is saddled with. I think it is right to do a bit of comparison with our immediate neighboursDagbon, who just recovered from 17 years or more stagnation in respect of a head to symbolize the Kingdom. Just a little above three years after recoveryDagbon is doing and has done far better than the Gonja Kingdom in terms of planning, organization and foresight. This is the reality that can be ascertained with verifiable variables. 


Yes, I admit that politics has become the opium of the Masses. I have also taken judicial notice of the fact that Chiefs are barred from participating in ACTIVE politics as stipulated by article 276(1) of the 1992 Constitution of Ghana and further given expression in the ruling of the Supreme Court of Ghana in the case of Elorm Kwami Gorni V The Attorney-General and The National House of Chiefs. Even with these constitutional limitations, some Chiefs are able to find their way in joining the political conversation and drawing meaningful development to their respective jurisdictions. The very recent case is when the Asantehene took up the Komfo Anokye Teaching Hospital Project as his personal project although the hospital is a public facility that lies under the care and control of the government of Ghana. That is a political decision made by a Chief that will have a multiplier effect on his subjects. When the Asantehene is respected and referred to as the most powerful King in Ghana, it isn’t solely because he is sitting on gold, but because of some of these decisions. What happened to Gonjaland?


We, the people of Gonjaland woke up yesterday, 21st November 2023 to very sad news of the visit of the Vice President, Dr. Mahmoud Bawumia, to the Jakpa Palace. Sad not because it was not necessary but the subsequent activities and decisions of our representatives were, in my opinion unfortunate.


Interestingly, less than 24 hours prior to this visit, the same person was at the Gbewaa Palace and the take-away from there was an admonishment from the Yaa-Naa to the VEEP to the effect that he, the VEEP should see Mr. John Dramani Mahamaas his brother and not a rival in the course of the electioneering campaign. Impliedly, the respected King of Dagbon was tasking Dr. Bawumia to engage the politics leading to the 2024 general elections with caution and not with his usual attacks on his Northern brother as he did in the run up to 2016 and 2020 general elections. That was the simple exercise that did not throw Dagbon into any morning sickness and tongue-waging in pain.


What was the take-away from our almighty own Japka Palace? A coronation session was held in which Dr. Bawumia was enskinned as the Chief of Unity. Mind you, no such coronation was done at the Gbewaa palace. The last straw that broke the Camel’s back was the issue of our impending Jakpa Palace project. It was reported that the issue came up and the Vice President asked that the entire Gonjaland should go to sleep while he, singlehandedly shoulder the cost and responsibility of building a befitting Palace for the “great people of GonjaKingdom.” This was not only an insult to the many sons and daughters of the Gonja Kingdom but a mark of sabotage, a lost of direction and purpose for the Kingdom, if I may to put it bluntly.


To start with, what was the title “Chief of Unity” meant to achieve? Were the people of Wasipe represented in such a choice of title and the coronation at large? Does Dr. Bawumia really symbolize unity in the considered opinion of the GonjaKingdom, duly represented by the Jakpa Palace? Well, the issues in Wasipe are still lingering and if any Chief wants to use politics to conceal the pains and anguish the Gonja people sustained during the conflict in Wasipethen we are yet to be truly represented by our chiefs.  I am for peace, and particularly the case that part of my blood is Mamprusi. So, I will be the lastperson to fan the flames of conflict between Mamprugu and Gonjaland. But to the extent that the issues in Wasipe are not fully resolved, I must be worried that our chiefs will seek to cheaply sell our Kingdom on the altar of politics and some self-seeking personal gains. 


Now, on the issue of a befitting Palace to the Kingdom, I am in pain and I can estimate the pain most Gonjalanders are going through today, that a Kingdom such as ours cannot self-finance its own palace project? What kind of embarrassment is this? That the one-time powerful Kingdom cannot build its own Palace? That it has to take a politician who is on the road hunting for weak people to devour for votes, exploit for headlines and patronize for his political agenda to want to build us a Palace? What has happened to the Gonja Kingdom?


What happened to our green forest which we have left for others to harvest our rosewood and leave us with peanuts? What about the commercial charcoal burning which has left our land devastated yet, we get next to nothing in return? If we ever wanted to destroy our forest, a reasonable reason for that destruction should be to use the proceeds to build ourselves a befitting Palace for our Yagbonwura. What about the plenty gold we mine in the Bole Traditional Area?


Today, the Asantehene could have decided to even threaten government using the Komfo Anokye Hospital Project, but he decided to adopt crowd-funding which is attracting even politicians to respond to. Are we saying the Jakpa Palace could not adopt the same strategy? What happened to the great sons like Ibrahim Mahama, Dr Clifford, the JinaporsProfessor Ahmed Nuhu Zakariaeven President John Dramani Mahama? What are we doing to ourselves?


Must we always demonstrate to the world that we are a people who choose the shortest and convenient means to glory? I am sure if we needed politicians to build a palace for us, the 7 MPs from Savannah Region can take that project and collectively execute on time. And I am too sure that if the palace should respectfully contact Ibrahim Mahama, he will swiftly respond without delay. But here is a Kingdom that feels that deliberately recognizing its own and attracting them is a waste of time so, the easiest means to make hay is to put the Kingdom up for auction so that the highest bidder becomes its crowned prince. 


I can never recover from the shock and pain from the brouhaha that greeted the enskinment of President John Mahama at the Bolewuras Palace as “the Chief of Truth’ in August 2020. This was a royal of the Kingdom, in fact, from the Bole traditional area that has the royal blood and the traditional right to rise to a Bolewura and the Yagbonwura ultimately yet, he was humiliated and embrassed by his own people using the political stroke without blinking. An enskinment, a denial and all the embarrassments are yet to be explained to us. Well, you are welcome to Gonjaland.


When last did the Jakpa Palace contemplated enskinning John Mahama for any good reason? When was the last time the Kingdom thought about inviting Ibrahim Mahama to offer him a chieftaincy title in order to bait and attract his attention back home? So, we feel he should just come invest his money and in the end it will be this same cycle of embarrassment? Even fathers nowadays respectfully request the services of their own children using modern approaches and not the old-age mentality that they must at all cost take up some cast-in-stone responsibilities. Some thinking needs to go into the Kingdom’s approach in getting its own to identify with us. It takes tact as Dagbon is currently doing.

 

Now, to the Jakpa Palace, the Gonja Traditional Council and all the chiefs and elders who partook in the decision to enskin Dr. Bawumia and to sell our Palace Project to him to silently embarrass John Mahama, these were some of the issues that the teeming youth and like-minded Gonjalanders wish you put before the Vice President:


1. The Vice President inaugurated the Savannah Regional House of Chiefs in September 2020. As a consequence, he cut the sod for the construction of the Savannah Regional House of chiefs Office Complex and promised it was going to be completed in 12 months. It’s been three years and counting and not even a block is laid. We expected the palace to ask him why.

2. Dr. Bawumia made a promise in 2018 that the Damongowater project had been approved and was going to commence that same year. President Nana Addo in the same year made the same promise and in addition, promised 10 mechanized boreholes as a stop-gap measure pending the construction of a comprehensive and modern water project. As we speak, our MP, Hon Samuel Abu Jinapor has been drawing contaminated water from a deserted dam for us to drink while waiting for nothing. We are being deceived with a so called water project which is never in the like of what was promised on that day in July, 2020 when the sod was cut for the water project at the Damongo town park. As a resident of Damongo now, we expected the Yagbonwura and his council of advisors to ask the right questions in respect of the Damongo Water Project.

3. On April 4, 2021, Dr. Bawumia promised the chiefs and people of Wasipe that work on the Daboya Bridge on the White Volta was to commence that same year. He made this promise at the instance of the Bolewura in Bole. Itsbeen almost 3 years down the drain, not even a responsible explanation has been offered the people of Gonjaland as towhy the project has not commence. Is the Jakpa Palace worried about this development?

4. The Busunu-Daboya road project was abandoned by Dr. Bawumia and his government for well over 7 years. It has become an annual ritual that when it rains, the road gets washed away and the people of Wasipe have to make do with a temporary closure of movement of people and goods. Coincidentally, the NPP Savannah Regional Chairman and the Regional Secretary are from Wasipe. What do they tell the Vice President during their quiet moments?  And if they are afraid to speak truth to power because of what they will personally get into their pockets, what about our chiefs? Is the Jakpa Palace aware of the deliberate abandonment of this road project which started by President John Mahama in 2016?

5. The Doli Bridge has suffered a collateral damage some few months ago. As we speak, heavy vehicles from and to the Upper West Region are using the Sawla-Fufulso road as an alternative route, resulting in the fast wearing out of the147.5km Fufulso-Sawla road. Meanwhile, the small DoliBridge which should not take up to a month for a serious government to reconstruct is taking several months to complete. Was the Bolewura in the palace when the Vice President was enskinned? Is he interested in the development of his traditional area?

6. The Fufulso-Sawla road is wearing out, especially the Laribanga-Sawla stretch. The money left for project defect liability period cannot be accounted for, and the people are left to suffer on this road. What happened to the promise made by President Nana Addo in 2019 that a contractor was moving to site to repair the damaged portions of this road? Couldnt the palace ask this questions?

7. The 60-bed Salaga Hospital Project is crying for attention. Meanwhilewe have great sons daughters from Kpembetraditional area who are part of this government including the Kpembewura, who at a point could predict election results. Do our chiefs still care about the health needs of the people of the Kpembe traditional area?

8. The people of Damongo over the period have to make do with an ailing District Hospital which has become a bit of a problem because of partly the problem of management and other internal arrangements. Let nobody blame the Catholic Church here, but all of us as a people especially our MP, Hon Abu Jinapor who represent us in government. What happened to the promise of a Regional Hospital in the agenda 111 projects? Couldn’t the Yagbonwura and his elders ask the relevant questions in respect of this issue?

9. The Tamale-Salaga-Mankango road project was hurriedly varied and the contract taken from Ibrahim Mahamabecause he was said to be the brother of President John Mahama. As we speak, the project has been abandoned and the stretch between Kabache through Salaga to Mankangois in a bad state. Between this project and a palace which one should the Vice President be interested in? Couldn’t the palace remind Dr. Bawumia about this road other than literally “begging” for alms we can raise by ourselves?

10. The Vice President promised the people of Laribanga an Islamic Senior High School. A school building which was funded by GETFund is left to rot with rodents and weeds conducting their night services in as we speak. At least, the palace could remind Dr. Bawumia that the school has not been inaugurated, and my people in Laribanga will applaud the Palace and its counsellors.

I can go and on with even a Secondary School supposed to be built in Kusawgu and named after him, Dr. Mahmoud Bawumia. All of the above are left unattended to and the only thing that warranted the attention of the Jakpa Palace and the chiefs of Gonjaland when they are offered a golden opportunity with Vice President is an enkinment which they will never do his direct opponent, Mr. John Dramani Mahama, and painfully begging him to build a palace for the Kingdom.


I hold this personal reservation that the stagnation of Gonjalandis not the cause of any chief as we are made to believe. Today, some people point accusing fingers at Buipewura JinaporAlhajiAfuli and some others. Let me say that the problem of the land has never been about these personalities, but about an architecture that is set up to target the progress of its own people which will at all times be exploited by those who are put in charge. Today, some of the people who accused BuipewuraJinaporAlhaji Afuli and others of sabotaging the progress of Gonjaland are now in charge and supervising its worse form and even introducing new elements. I express this opinion without any prejudices or personal interest in anybody or any institution. But the fact is that, the chiefatincy institution is corrupt and designed to sabotage its own people and until there is a deliberate overhaul, this will always be the outcomes we will be greeted with.


Here is it, John Dramani Mahama will remain the royal of Gonjaland by birth and not manually designed by any person. With or without the support of the Kingdom, if God says he is the next President, he will surely be. Lest we forget, one is only comfortable eating from a pot that his contribution has resulted in the cooking of the proverbial fowl. If Gonjaland think John Mahama does not deserve its support, let it be emphasized that Dagbon has opened its arms to take him as an adopted son; Bono has already taken him as their in-law and son; Volta has taken the lead to show him love; Upper West is in the waiting list to accept him as a real son. 


I dare say that, if John Dramani is being chased from Accra, Gonjaland is not the home he can run to. In fact, the Kingdom will be ready to hand him over to his adversaries without asking for a reward in return. I am back to my cave in the LaribangaMountains. Shalom!!!

 


 

  • THE ROLLING DRAIN ON THE PROGRESS OF GONJA?
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    %&'8&.7'#*
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    8*''.<E*;+&&)'
    '#$&*"'.<$3&.'#/.#0$&
    #-&*'#&#>&0.)-$
    $$#'$+$$$&#$$5D
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    #&&&)$&)$488*'$$$:
    &#-+$#/.#0$&42$$+
    2#)$$$<'#$)&&&$#
    -##$&H&2#+'$#
    &*#&+#)&$$&#$;#*+'$$$
    #H&H&';#-$*%
    2#$$$,+'&'$$.&#$$$
    $#$)&$7.#$*
    A'+5D0$&+#&)#
    -$+&&$75&'#$&
    #-&42.4"7)#'$&$'
    0$&4".#$)&')'.##$,,+
    %#$$#:#$)&$'$0$&42
    ##-4
    2##'&',$1,'$,
    '#42&&$&&$'&$1$,+'
    %4','+$
    &)$#&$$,5D0$&'*
    2#$$'$")$=4
    "+=&$,&,,=.
    B#$0-&+&#&'7'&(&),#$)&#
    *='/.#0$&&$#42##
  • $.;+8<$C+/#+0=AI.+,0/
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    ;'$''$'##$'&
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    ,J&.#-&&$$&),$%&)*=
    #$&$#&6$$&&;+'$$'1$#'$*
    $$$&:'(&)')+
    .##&)&
    &'#&*
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    0/;$'0$&F<"3=*"'$
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    ##$#$)&$.'$.*=.+$$$
    %#$*2$$+'$&-$*
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    (&()&.4+'$$-&,
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    $$&.#&77#$)*.3
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  • a(en)on of the Jakpa Palace and the chiefs of Gonjaland when they are oCered a golden opportunity
    with Vice President is an enkinment which they will never do his direct opponent, Mr. John Dramani
    Mahama, and painfully begging him to build a palace for the Kingdom.
    I hold this personal reserva)on that the stagna)on of Gonjaland is not the cause of any chief as we are
    made to believe. Today, some people point accusing 5ngers at Buipewura Jinapor, Alhaji Afuli and some
    others. Let me say that the problem of the land has never been about these personali)es, but about an
    architecture that is set up to target the progress of its own people which will at all )mes be exploited by
    those who are put in charge. Today, some of the people who accused Buipewura Jinapor, Alhaji Afuli
    and others of sabotaging the progress of Gonjaland are now in charge and supervising its worse form
    and even introducing new elements. I express this opinion without any prejudices or personal interest in
    anybody or any ins)tu)on. But the fact is that, the chiefa)ncy ins)tu)on is corrupt and designed to
    sabotage its own people and un)l there is a deliberate overhaul, this will always be the outcomes we
    will be greeted with.
    Here is it, John Dramani Mahama will remain the royal of Gonjaland by birth and not manually designed

Monday, 24 July 2023

A FLIP THROUGH THE CONTRIBUTION OF DR. CALLISTUS MAHAMA TO DECENTRALIZATION IN GHANA ON THE OCCASSION OF HIS BIRTHDAY


By Issifu Seidu Kudus Gbeadese

24th July, 2023.

On Your Birthday Sir,

I wish to start this episode by first wishing you, Dr. Callistus Mahama, a special birthday. It is indeed a blessing to be alive, active and still contributing to the positive growth of humanity, Ghana and the world at large. Your reward is not just in heaven but on the lips of many whose lives your benevolence has had a touch on.

Ghana, a small country where tongues are always begging to wag, as usual had a free fall to gossip on an alleged witchcraft followed by lynching and torturing of a 90-year old Akua Denteh in small community call KAFABA, in July 2020. This torturing exercise was well conducted by a self-styled fetish priest and her accomplices. Thankfully, the criminal prosecution has ended with some convictions.

Indeed, when the conversation waged, as usual of the media and the agenda setters of this country, all the people of KAFABA and by extension the people of Kpembe Traditional area and Gonjaland as a whole were branded “witches’ and “murderers” at the same time. Most commentators never took the pain to know where KAFABA was and who her illustrious sons and daughters were. Well, if you didn’t know, one of the illustrious sons of KAFABA is Dr Callistus Mahama—a man who is neither a witch nor a murderer. Indeed, a man who has distinguished himself in both academia and in public service. A simple, result-oriented, principled and hard working man whose character is unquestionable and with an unblemished reputation.

I had to take some time off the usual gossip centres just to personally know the person whose path has crossed with mine. Before I could get to know the real Dr. Callistus Mahama, I stopped wondering why the likes of Abdul Hayi Moomin and his class of “gossips” kept their ranks closed with him.

Quite a private man, with a PhD in Land Law and an Mphil in Land Economy, both from the Cambridge University, England, and BSc Land Economy from the prestigious KNUST, Dr. Callistus Mahama has had his footprints in many an institution in Ghana. Tracing these footprints in human resource development, Dr Callistus has paid his dues for about half a decade (2004 – 2007) as a lecturer in the Department of Land Economy in his alma mater, KNUST. During the same period, he doubled as a Junior Partner at the Valuation and Estate Service Ltd, Kumasi, Ghana. And almost the same period (2004 – 2005), Dr was also a Junior Partner with Padfield and Woodman Associates, a UK firm based in Kumasi.

Dr. Callistus’ appointment in March 2013 to head the Local Government Service was preceded with hard work and dedication in the area of local governance for yet another half decade. Three years of service as a Deputy Director at the Tamale Campus of the Local Government Institute and about another three years in the same position at the Accra Campus of same institution until 2013, was no mean a period and valuable contribution to Local Government sector. So, his appointment in 2013 to head the Local Government Service was spot on just as it was meritorious.

Established in 2003 by Act 656, the Local Government Service had its fair share of transformation and reformation under the 4-year leadership of Dr. Callistus Mahama. No wonder he was lauded by Head of Co-operation at the EU delegation to Ghana, Mr Ignacio Burrull for the lead and effective role he played as the Chairman of the Decentralization Sector Working Group in the decentralization drive of Ghana.

As Head of the Local Government Service, Dr. Callistus did not just see a position or an office to occupy, but an institution to transform into an effective and efficient development machinery. As the Executive Secretary to the Inter-ministerial Co-ordinating Committee, he spearheaded the bi-partisan process of reviewing the First National Decentralization Policy Framework and Action Plan, and eventually led the development of the Second framework anchored on five thematic areas. These included: political and legal reforms (political decentralization), administrative decentralization, fiscal decentralization, decentralized planning and popular participation.

Indeed, many a Ghanaian did not know that it was out of this second framework the country realized very important legislations and strategic reforms for effective governance and decentralization to reflect what the framers of the 1992 Constitution of Ghana envisaged.

In fact, under each of the five thematic areas, there were corresponding legislations and reforms to effectuate the efficient decentralization machinery for effective and seamless service delivery. 

The following legislations and reforms were realized under the first theme, political decentralization: Local Governance Act, 2016 (Act 936); National Sports Authority and Youth Authority Act, 2016 (Act 934); Local Government (Sub-metro and District Councils) Establishment Composition and Functions Instruments, 2016; Land Use and Spatial Planning Act and National Development (systems) Regulations.

Under the second theme, thus Fiscal Decentralization, the following reforms were realized: the Medium Term Expenditure Framework (MTEF) was developed for the effective implementation of the Regional Integrated Budgeting System (RIBS), and a sector wide approach to decentralization. Also, under the third theme, Administrative Decentralization, the Inter-service and Sectoral Collaboration and Co-operation Systems (ISCC) was developed to among others serve as an integrated service delivery system between the Local Government Service, MDA’s, SoE’s and NGO’s.

The forth theme, Decentralized Planning realized the following legislations: Land use and Spatial Planning Act, 2016 (Act 925); Public Procurement (Amendment) Act, 2016 (Act 914); and National Development Planning Instrument. Finally, under the firth theme, Popular Participation, a national framework for popular participation and a Practitioner’s Manual was developed to improve engagement, accountability and service delivery.

The above reforms and corresponding legislations were the products of the Second National Decentralization Policy Framework and Action Plan, which was developed under the supervision of Dr Callistus Mahama as the Executive Secretary to the Inter-ministerial Co-ordinating Committee (IMCC) on Decentralization. Flipping through his farewell message to the Local Government Service (LGS) and its staff in March 2017, I was not surprised when Dr Callistus proudly intimated that he took very tough decisions as head of the LGS as a display of his good will and the collective interest for the service and Ghana at large and not for his personal interest.

So, next time you hear the name Kafaba, please do not tag the name to witchcraft or lynching, but to academic excellence and selfless service to mother Ghana. Next time when you hear that East Gonja has indeed contributed to academia, let your search spread wide beyond the likes of Dr. Clifford and others to also catch Dr. Callistus. And when next you are looking for those who have contributed immensely to national development from Gonjaland, please let your search engine not jump over Dr. Callistus Mahama.

Today, we are all witnesses to the effective and smooth administration at the Office of H.E John Dramani Mahama. Maybe, just maybe, some were somehow ambivalent of the appointment of Dr Callistus to play the administrative role (aide) in this office. I will forever be proud to read and learn from you. 

Once more, a Happy Birthday to Dr. Callistus Mahama, Aide To H.E John Dramani Mahama.

Friday, 21 July 2023

THE INSENSITIVITY OF THE GOVERNMENT OF GHANA ON WOMANHOOD

 

By Sulemana Hamza Abubakari

(Sir Hamza Apowda)

0544402029

Many Countries around the world and International Organizations including The United Nations have recognised and emphasised the importance of menstrual hygiene. And due to this, most of these countries introduce policies that will aid and promote menstrual hygiene. It is indeed the case that sanitary pad is an essential product for promoting menstrual hygiene among young Ladies. 

As essential as it is, it just fair that government policies are geared towards ensuring its affordability. So, it will not just be unjust and unfair to womanhood but it is insensitive to slap hefty taxes on sanitary pads. More especially at a time the living condition of an average Ghanaian has deteriorated, it will only be fair for the government be considerate in such matters as making mensuration expensive. 

It is in this light that most of us think strongly that the government must remove the taxes on sanitary pad. And this call is predicated on the following reasons:

1. Gender Equality: Menstruation is a natural and biological process. It is a normal part of  a woman’s life and not by choice. So, taxing sanitary pads in effect engineer gender discrimination and eventually perpetuate gender inequality. This tax  unjustly and unfairly targets a specific gender for a natural process that they have no choice to avoid but experience it as part of their life cycle. It is imperative to recognise and address the gender bias inherent in taxing menstrual Products. 

2. Additionally, quality education and dignity of the Girl-Child is at risk. This is because access to menstrual products plays a significant role in ensuring uninterrupted education for young ladies. Abolishing tax on menstrual products will help ensure they attend school seamlessly and comfortably in dignity. In essence it discourages absenteeism and eventually fix the inherent gender-based disparities in our educational set up. 

3. Furthermore, Taxing menstrual products derail the efforts of Government and other Organisations  in promoting good health and hygienic lifestyle. Sanitary Pads are imperative for maintaining proper menstrual hygiene, preventing infections and protecting against potential health issues. Taxing these products is a potential disincentive to young ladies in accessing these essential products and this can likely lead to unhygienic practices and health risks. 

4. International movements against taxing menstrual products. There are various international /movements platforms like Myna Mahila Foundation, United Nations, World Health Organisation ( WHO), among others have recognise and Further launched campaigns for proper menstrual hygiene and also called for the elimination of taxes on menstrual products. These campaigns further elucidate the reason why Government  must as a matter of urgency abolish the taxes on sanitary Pads. 

In conclusion, to young ladies, taxing Sanitary pads is not only burdensome but also perpetuates gender inequality and poses a lot of health risks. Government should prioritise the well- being, dignity and the health of the women by exempting these essential products from taxation.

Saturday, 8 July 2023

WE WANT SPECIALIZED ENVIRONMENTAL COURTS TO SAVE OUR FORESTS AND RIVERS—Settle Ghana

 

As part of the collective obligation imposed on all stakeholders to ensure the fulfillment of the Sustainable Development Goals especially, goal 13 (i.e. Climate Action), The Executive Director of Settle Ghana appealed to the Government of Ghana to consider setting up Environmental Courts to fast track the adjudication of offences related to the destruction of the environment. This will add to the existing efforts at protecting our water bodies and the forests.

Speaking to the media after visiting some communities in the Western Region, the Executive Secretary of Settle Ghana, Mr Abu Karim said, “the destruction of the Ghanaian forests and water bodies is no more just a galamsey menace, but rather ecocides, and the criminal activities of these ecocides must therefore be dealt with in a fast track manner.” 

He further noted that, Ghana as a signee of the SDGs has an inherent responsibility to co-ordinate all policies and programs including judicial actions to ensure a safer environment. Where specialized courts are set aside and judges given special training to handle environmentally related offences, offenders are much likely to be deterred and the prevention of a future harm to the environment will be achieved. 

Settle Ghana is a Non-Governmental Organization that defends the rights of indigenous people. The organization is a member of the Aluminum Stewardship Initiative (ASI), Initiative on Responsible Mining Assurance (IRMA) and Global Alliance for the Rights of Nature (GARN). 

The Sustainable Development Goals Report 2022 charts paints a sobering picture. Using the latest available data and estimates, it reveals that the 2030 Agenda for Sustainable Development is in grave jeopardy due to multiple, cascading and intersecting crises. Among others, climate change partly creates spin-off crises in food and nutrition, health and the environment. The activities of these ecocides glaringly poses existential threats to the environment and causes irreversible damages to the Earth’s ecosystems. 

The 2022 report further revealed that if governments and other stakeholders do not quadruple their efforts at saving our water bodies, by 2030 about 1.6 billion people will lack safely managed drinking water. This is indeed scary and must prompt government’s response to the climate change crisis, since the window to avoid a climate catastrophe is closing rapidly. 

In fulfilling our climate obligation within the remit of Global Biodiversity Framework, our call for the establishment of specialized Environmental Courts could not have been made anytime than now, the Settle Ghana CEO noted. 

The provisions of the 1992 constitution of Ghana on the protection of the natural resources; Minerals and Mining (Amendment) Act, 2019(Act 995); the Environmental Protection Act, 1994 (Act 490), among other related legislations, provide adequate legal avenues and grounds for prosecution of ecocides.

Tuesday, 11 April 2023

THE FINAL JUDGEMENT ON THE WISCONSIN SRC ELECTION PETITION, DELIVERED BY ISSIFU SEIDU KUDUS GBEADESE, THE CHIEF JUSTICE.



The Wisconsin International University College SRC elections for the 2023/2024 academic was greeted with a swift petition by some aggrieved aspirants who felt shortchanged by the Vetting Committee upon their disqualification from the contest. According to the results released by the vetting committee, the five (5) aspirants who petitioned the Judicial Council, did not qualify to contest since they couldn’t score the required marks as the C.I 3 proposed. These aggrieved aspirants as per the C.I 3 put together by the Electoral Commission, fell far below the threshold as set out and based on this, the Vetting Committee composed of a 7 Member Panel, disqualified them. It was in response to this that the 5 disqualified aspirants subsequently petitioned the Judicial Council of the SRC of the Wisconsin Internal University College pursuant to article 11(2) of the SRC Constitution, 2022, as amended, seeking for the annulment of the vetting results among other 4 reliefs. 

Below is the full ruling handed by the Judicial Council and delivered by the CJ, Issifu Seidu Kudus Gbeadese: 


THE JUDICIAL COUNCIL OF THE STUDENT’S REPRESENTATIVE COUCIL (SRC) OF WISCONSIN INTERNATIONAL UNIVERSITY COLLEGE (WIUC)

ACCRA- A.D. 2023

CORAM: KUDUS GBEADESE, CJ        

(PRESIDING)

 EMMANUEL OWUSU

(Member)              

 FELIX E. NYAABA          

(Member)

 PETITION WRIT NO. 001/05/2023

IN THE MATTER OF THE SRC ASPIRANTS VETTING HELD ON THE 2ND OF APRIL, 2023

AND

IN THE MATTER OF A PETITION AGAINST THE CONDUCT OF THE ASPIRANT VETTING AND DECLARATION OF RESULTS.

PETITIONERS:

1. MARY PORTIA BONDOUG

2. MAAME DUFIE APPIAH

3. PRAISE ABENA BUAH​​​​PE 

4. PAUL KOJO FYNN JNR.                                        

5. NATHANIEL TURKSON

Vrs.

RESPONDENTS:

1. ELECTORAL COMMISSION

2. SRC EXECUTIVE COUNCIL                                

3. SRC VETTING COMMITTEE

 RULING OF THE JUDICIAL COUNCIL:

The Unanimous Opinion of the Judicial Council as read and delivered by Issifu Seidu Kudus Gbeadese, the Chief Justice. 

Majority Opinion:

Kudus Gbeadese CJ:

Introduction:

This is a Petition invoking the original jurisdiction of the Judicial Council of the WIUC SRC pursuant to article 11 (2) of the SRC Constitution as amended 2022 to nullify the SRC 2023 vetting results per the number of reliefs as sought by the petitioners.

In this Petition (herein referred to as the Petition), the Petitioners altogether as aspirants of the Wisconsin International University College (WIUC) Student’s Representative Council (SRC) elections which is to be held before the 16th April, 2023, are seeking reliefs against the Electoral Commission of the SRC as the 1st Respondent; the SRC Executive Council as the 2nd Respondent and the SRC Vetting Committee as the 3rd Respondent. The reliefs are in the nature of one (1) declaration and five (5) orders. While relief one (1) was directed against the SRC Vetting Committee; relief two (2) was directed against the Electoral Commission of the SRC; relief three directed against the SRC Council; relief four directed against one of the presidential aspirants in the person of Hakeem Enyan Steve and Miss Catherine Amuzu as they sought an injunction on the entire electoral process pending the final determination of the matter. We considered the matter against Hakeem Enyan Steve and Catherine Amuzu to be farfetched and in consideration of the germane matters that need to be considered did not make them key respondent to the matter at hand.

The reliefs are as follows;

1. A declaration that the vetting results must be thrown out as it lacks merit, not a true reflection of what actually happened and the panel was not only improperly constituted but compromised with as well.

2. That the entire electoral process must be cancelled and restarted with a new independent body, selected from among class representatives with no control from the SRC Executives.

3. An order that the SRC Council should be separated from the whole electoral process as they have shown a clear bias and an unwillingness to promote a fair electoral process.

4. That Hakeem Enyan Steve and Miss Catherine Amuzu must be barred from contesting in the elections as their actions are clear violation of the rule of natural justice which states that one cannot a be judge in his/her own cause.

5. An immediate injunction on the entire electoral process pending the final determination of this matter.

6. Any other relief this Judicial Council deems necessary.

As noted, the language and text of reliefs 1 to 3 and 4 are suggestive of the fact that the reliefs are wholly directed to the SRC Electoral process or the Electoral Commission of the SRC which is an organ established within the meaning of the powers of the Constitution of the SRC of WIUC. (Supra). The article provisions and rule under which the Petitioners mounted their onslaughts against the respondents are; Articles 296 and 17 of the 1992 Constitution of Ghana, Article 7 (7) of the SRC Constitution as amended 2022, Article 1(3) of the SRC Constitution as amended 2022, Article 7(10) of the SRC Constitution as amended 2022, article 7(11) (f) of the SRC Constitution as amended 2022.

Conspicuously missing in the text of the Petitioners was any reference to the Constitutional Instrument (C.I 3) which was duly enacted by the Parliament of the SRC for the conduct of the 2023 SRC elections and which in the opinion of the panel constitute as germane reference in the determination of the matter per some of the reliefs being sought by the petitioner. It is not enough to make sole attributions to only Constitutional provisions without having a linkage with subordinate legislations such as a C.I especially in matters of Elections and this petition, knowing the fact that it is this C.I that actually spells the nitty-gritties of the whole electoral process, so long as its content does not violate provisions of the SRC  and indeed at a ultimate level, provisions of the 1992 Constitution, which provides in article 11 another source of law for Ghana in which lies, orders, rules, regulations with the C.I not been an exception at all. 

Background:

The Petitioners were all SRC aspirants contesting for various positions at the 2023 SRC Elections. 1st Petitioner was a Presidential aspirant, 2nd Petitioner, Vice Presidential aspirant, 3rd petitioner, General Secretary aspirant, 4th petitioner, Financial Secretary aspirant and 5th Petitioner Public Relations Officer aspirant respectively. They all together with other aspirants passed the initial stages of the electoral process and passed for vetting. The vetting was held on 2nd April, 2023 at the Araba Otua Hall on the campus of the WIUC. The vetting began at 1.00pm and ended late into the early mornings of Monday 3rd April, 2023. Pursuant to the orders of C.I 3 (Elections Regulations of the SRC of Wisconsin International University), a 7 member panel was constituted for the purpose of the vetting with representatives coming from the SRC executive Council, Judicial Council, International students association, alumni which was represented separately by two alumnus at separate interval sessions of the vetting process, and the electoral commission which had two (2) representatives. The C.I 3 is to amongst others; interrogate all aspirants who apply to the electoral commission showing interest in all or any positions advertised, evaluate the intelligence and competence of all aspirants who appear before it, conduct background checks on the credibility of all aspirants, evaluate the performance of former officers of the SRC (.ie, Members of parliament of the SRC, Class reps and committees Members) who seek to be elected to the SRC Council. The background documents as used for the vetting were; the Curriculum Vitae of the aspirants, an SRC electoral commission nomination form, a print of an aspirants’ transcript and a general SRC score sheet which served as the basis for analyzing aspirant’s representation and scoring same accordingly. One after the other, candidates were vetted and scored by the panel members. After the close of the vetting process, raw scores had to be determined and final determination on each aspirant. The panel was not able to fully and exhaustively collate all records and make a final determination on the matter. Panel postponed the collation and determination of the vetting to a later time in the morning of 3rd April, 2023. The results was declared including the analysis pursuant to C.I 3 (Elections Regulations of the SRC of Wisconsin International University).

A nine (9) page report titled: Report on the Vetting of the Aspirants for the 2023/2024 academic year elections was released by the SRC Electoral Commission, on 3rd April, 2023 giving a full account of the vetting process as constituted and established under the orders of C.I 3 (Elections Regulations of the SRC of Wisconsin International University). According to the report, the vetting committee accordingly passed a number of aspirants being, Frederick Opoku, (Vice presidential aspirant) who got a passed mark of 72% pass mark, Paakow Ekumah Okatakyie Jnr (External Affairs Presidential aspirant) who got 73% pass mark, Beatrice Acquah (Women’s Commissioner aspirant) who got 74% pass mark, Catherine Amuzu (SRC Secretary Aspirant) who got 86% pass mark and Hakeem Enyan Steve (SRC President aspirant) who got 87% pass mark. The report also failed a number of aspirants, being Paul Kojo Fynn Jnr (Financial Secretary Controller aspirant) who got 46% failed mark, Franklin Chiemere (External Affairs Secretary Aspirant) who got 49% failed mark, Praise Abena Buah (SRC General Secretary Aspirant) who got 53% failed mark, Nathaniel Turkson (Public Relations Officer Aspirant) who got 56% failed mark and Mary Portia Bondoug (SRC President Aspirant) who got 64% failed mark. Within the meaning of C.I 3 and the SRC constitution, a pass mark of 70% is needed for SRC Presidential, Vice Presidential and Secretary Aspirants, while a pass mark of 60% needed for the other positions.

The Petition Itself:

Declaration 1:

1. A declaration that the vetting results must be thrown out as it lacks merit, not a true reflection of what actually happened and the panel was not only improperly constituted but compromised with as well.

There are two separate issues to respond to here and we shall proceed to answer them starting with the second. Within the meaning of the SRC Constitution as amended 2022 in Article 7(1), the provisions herein give specific details on the Composition of the vetting Committee being the following members;

a. The Chairperson of the Electoral Commission

b. The Deputy Chairperson of the Electoral Commission

c. Two members of the Parliament elected at the first meeting of Parliament in the second semester or proposed by the SRC Council and approved by Members of Parliament.

d. One member of the SRC Council nominated by the SRC Council but not the President or Vice President.

e. One representative of the Judicial Committee.

f. One past Student.

Judging from the provisions above, it settles well in the mind of the panel as per the report of the electoral commission that as far as practicable the vetting panel that was so constituted and empaneled to sit and vet SRC aspirants was fully and properly constituted. Save as it may be, one of the petition issue as received by the panel was the fact that there were two separate past students on the panel at different points in time. An explanation in regards to same as stated by the SRC Council in their response to the petition text was the fact that given that one of the past students gave indication of an early exit as panel member due to the fact that he had another engagement and owing to the fact that at all material times there ought to be a past student on the panel, it was imperative that a standby person also a past student be engaged to sit at the time of the exit of the other past student panel member.

On the second leg of the matter, which is whether or not the petitioner’s case of panel members being compromised stands the test of objectivity. The petitioners state that, the Chairperson of the Electoral Commission is a known Tertiary Education Institution Network (TEIN) of the NDC member. They further state that Alumni who were on the panel were also known TEIN members on campus and thus affected the sanctity of the results as declared. To say that they are known TEIN-NDC members and therefore they cannot at any point in time deliver sound judgment to in the matter of the assessment of the aspirants worthy or contesting SRC elections is rather to say one is belittling the rather input of intellectual discourse and capacity of the members who have been accused.

For us, it is trite knowledge that ones’ challenge of compromise as a panel member cannot just be perpetuated on the singular grounds of that person being a TEIN-NDC or TESCON-NPP member. So long as one is of a sound mind, is either a student or a past student and properly justified to be a member of the Vetting committee with the meaning of article 7(1) of the SRC Constitution as amended 2022 with further grounds in the C.I 3 (Elections Regulations of the SRC of Wisconsin International University), it is settled in law and procedure that such a person is so qualified to be a member. If out of 7 panel members, two are being accused of being politically exposed members, is it even the case that the other 5 are not in the positions to deliver sound judgment and is it the case then that the two who stand accused are more powerful in terms of their influence to generate results that favours aspirants from a certain perceived political inclinations?

Tied in to this matter of Compromise is the allegation against a member of the Judicial Council. We think and belief the response as given by the SRC Council to wit; that the company of the Judicial Council member and some representatives of the SRC Council at the time that they were seen together was only against the backdrop that assistance was been offered to secure an Uber taxi for the member of the Judicial Council to go home, he was not a student who stays on campus but needed a care to connect back home, and that at the time that he needed the assistance it was past 12 midnight. We accept in part the part of the Petitioners’ reliefs especially on the matter of scoring and results declaration. 

Declaration 2:

Order 1:  

2. That the entire electoral process must be cancelled and restarted with a new independent body, selected from among class representatives with no control from the SRC Executives. It is difficult understanding the position of the petitioners as regards their Declaration 2. Are the petitioners saying that they want a cancellation of the ENTIRE electoral process and to be restarted? Are the petitioners saying that there should be a new body constituted now by Class representatives with no control from the SRC Executives? The SRC constitution was amended as early as 2022, just about a year ago. It therefore baffles our minds that the petitioners did not see the need nor sought an advise to as it were to challenge the composition and procedure as regards the conduct of SRC elections and superficially on the matter for who and who qualified to be part. Again, it is trite knowledge that in the matter of the conduct of SRC elections on WIUC campus, articles 7 of the SRC Constitution as amended 2022, which was passed by the SRC parliament gives very good and detailed account of the who, what, when and where WIUC SRC Election Should be held. At any given point in time as well, further legislations such as the C.I 3 (Elections Regulations of the SRC of Wisconsin International University), gives further and better particulars of the conduct of any elections on the WIUC campus. As it stands now, the petition lacks any genuine detail or grounds of illegality, procedural unfairness and irrationality which are grounds for judicial review. We dismiss this part of the petitioner’s relief.  

Declaration 3:

Order 2:

3. An order that the SRC Council should be separated from the whole electoral process as they have shown a clear bias and an unwillingness to promote a fair electoral process.

Again, as regards declaration 3 which we describe as an order from the Petitioners, we can only say at this point that if the petitioner so belief or inclined to belief that there is merit in their order, they may be advised to come properly by way of a Motion giving cogent reasons why the SRC Council be separated from the whole electoral process.

In paragraph 5 of the petitioners’ petition, they make claims to vetting panel members who they perceive to be known associates of some of the candidates ….but they do a quick turnaround to state that …. That alone might not be a strong enough reason to prove bias except …….” in one of their supporting case laws, Franklin v. Minister of Town and Country Planning: they state a position of Lord Thankerton who in his stands gave an opinion on the concept of bias …….. “in which it states amongst others ….. is to denote a departure from the standard of even handed justice….”. it cannot be said that the entire vetting panel wholly departed from the standard of even handed justice to the aspirants. We therefore dismiss this part of the petitioner’s relief.     

Declaration 4:

Order 3:

4. That Hakeem Enyan Steve and Miss Catherine Amuzu must be barred from contesting in the elections as their actions are clear violation of the rule of natural justice which states that you can’t be judges in your own cause.

Once again, petitioners have called upon the panel members to give an order to bar Hakeem Enyan Steve and Catherine Amuzu from contesting in the elections. Our simple answer to this is that the SRC Constitution as amended 2022 in article 7 (a) (b) (c) and (d) give elucidation to the Eligibility of Candidates to any elections on WIUC campus. Again the C.I 3 gives further dimensions as to who must come into the elections. Why will it then be the case of the petitioners that they would want a total ban on the eligibility of some aspirants when the reason they give does not find expression within the meaning of the article 7 (a) (b) (c) and (d). We are firmly convinced that this is not just a matter toy with and if indeed in the minds of the petitioners they indeed have a safe believe and settled opinion on this matter, we think they should come properly within the meaning of article 7(a) (b) (c) and (d) Simpliciter. We therefore dismiss this part of the petitioner’s relief.    

Declaration 5:

Order 4:

5. An immediate injunction on the entire electoral process pending the final determination of this matter.

It is very much known that per a Judicial Council release of 4th April, 2023, the Council amongst other statement place a temporal suspension on the electoral process until final determination of the matter. The Council did this in respect of the fact that it had taken a decision to analyze and peruse all elections related documents and to give a determination on the matter. The Council by this decision also gave opportunity to all parties to present their positions for redress and determination. So, that relief by extension was partly granted as per the release from the Judicial Council on the 4th of April, 2023.

Declaration 6:

Order 5:

6. Any other relief this judicial Council deems necessary.

Having perused all relevant document and materials presented by all parties in this matter; having taken all relevant information into context; having studied all relevant laws, orders and rules regarding the conduct of the 2023 SRC elections; in wiliness to apply decorum to the process, the Judicial Council stated opinion on this petition is the fact that the petition receives merit in part and lack same in another part.

Based on the above stated opinion, the following is a single dose relief of the Judicial Council.

 

Relief:

A. An order that the SRC Electoral Commission takes reasonable steps to fully include aspirants and petitioners who within the meaning of this petition have a case against the respondents and who formed part of the category of students who could not meet the minimum constitutional threshold.

 

Our pronouncement is premised and anchored on two main grounds of reasoning;

a. Article 7 (a) (b) (c) and (d) of the SRC Constitution give detailed, clear and unambiguous constitutional expressions of who and what constitute eligible candidate for any SRC elections.

b. The C.I 3 gives particular details on any SRC elections.

The gravamen of our argument here is the fact that it is trite knowledge that to strike a Constitutional provision against the lesser legislative document which in this case the C.I 3, at all times the Constitutional provision takes precedent over and above the legislative order or enactment where there appears to be an apparent indication of confusion. To the extent that petitioner can be said to have fully qualified as per the constitutional provisions of article 7 (a) (b) (c) and (d) it may be superfluous to further disqualify any candidate based on the provisions of a legislative enactment, in this case C.I 3. 

Even within the meaning of the principle of discretionary power which we are inclined here to belief was applied by the vetting committee and by extension the Electoral Commission, we should be reminded again of article 296 of the 1992 Constitution, which speak to the matter of exercise of discretionary power, that in applying discretionary powers, there is an imposed duty to be fair and candid and also in the exercise of that discretionary power a duty is placed on the one exercising same not to be arbitrary and capricious. With this, it is our assertion that, to a very high degree, the Vetting Committee exercised its discretionary powers without utmost recourse to fairness and candidness. We therefore hold the view that Article 7 of the SRC Constitution-WIUC should take precedence over the discretionary powers handed the vetting committee by the C. I 3. 

The petitioners are persons who in the minds and thinking of the vetting panel did not meet the constitutional percentage threshold for qualification. But it settled that they met the constitutional requirement for eligibility to contest elections as candidates. If that is so, then we deem it expedient to allow Constitutional justice to prevail over legislative enactment to give expression for the petitioners to as far as practicable be featured in the electoral process.

We also are aware of the fact that given the exigencies of the time at hand, it will not be possible for the vetting committee to conduct another round of vetting for aspirants. We therefore settle that vetting should be excluded from the process moving forward, while reasonable steps are taken by the Electoral to activate all other relevant processes leading to the election as scheduled earlier, with the constraint of time in mind.

We advise the SRC Electoral Commission to as a matter of importance take measures to conduct elections as soon as possible to avert any possible disorientation of the school calendar and extra burden on all relevant stakeholders.

SIGND:                

ISSIFU SEIDU KUDUS GBEADESE

(CHIEF JUSTICE OF THE JUDICIAL COUNCIL)

SIGND:                           

EMMANUEL OWUSU

(JUSTICE OF THE JUDICIAL COUNCIL)

SIGND:                                          

FELIX ENGALIGE NYAABA

(JUSTICE OF THE JUDICIAL COUNCIL)

CC:

The President-WIUC

The Registrar

The Chief Operating Officer

The Director of Public Affairs and Marketing 

The Dean of Students 

The SRC Council 

The Parliament-WIUC

The Electoral Commission 

The Petitioners 

The Student Body-WIUC