Sunday, November 22, 2020

The Quest for Justice: My Experience at The General Legal Council, 18/11/20

To start with, the Disciplinary Committee (DC ) of the General Legal Council (GLC) is not a body to be joked with. It's a place where serious issues are heard. It has the powers of a high court.

The names on the 9-member panel can evoke fear into any mere mortal. They include Justice Paul Baffoe-Bonnie, JSC; Justice Samuel Marful-Sau, JSC; Justice Irene Charity Larbi, JA; Mr. Sam Okudzeto, Senior Legal Practitioner;Hon. William O. Boafo, Legal Practitioner; Mr. Peter Zwennes, Former Vice President, Ghana Bar Association and Mrs. Franklina Gesila Adanu. 

I came before this respected panel on Wednesday, 18th November, 2020 for a hearing into a complaint I had lodged against a lawyer, Simon Animley, with the GLC on 31st July, 2018. That is 2 years and four months after my complaint. I was told the body meets once a month so you can imagine the backlog of cases pending. Hmm.

The lawyer in question had refused to hand over my brief after I terminated our contract due to what I described as "his misconduct" during my suit against my former employees, the Ghana Olympic Committee (GOC). 

I confess I was intimidated when I got to the venue. A Bible text my Pastor had given me prior to the meeting gave me much hope and comfort. Luke 21:15 reads:

"For I will give you words and wisdom that none of your adversaries will be able to resist or contradict."

When we were ushered into the room for the hearing, the chairman of the DC Justice Paul Baffoe-Bonnie asked me if I was a lawyer? I wore a chinese-round neck white shirt and a jacket, the type lawyers normally wear.  I told him, "I am a journalist." Asked to tell the reason why I was at the panel, I told them Lawyer Simon Animley had refused to hand over my brief and had acted unprofessionally towards me. I then told them about the fact the lawyer had been forced to withdraw a law suit against me to claim his purported legal fees of GH 8,500 at an Accra Circuit Court on 1st August, 2019 after he had failed to produce a ledger of accounts on my case when asked by the trial judge Emmanuel Essandoh. 

My last sentence seemed to have infuriated the panel as Mr. Okudzeto and Justice Bonnie sprang into action by asking Lawyer Animley why he had refused to hand over my brief afterwards? Animley begun to fumble: he first said I had failed to ask for the brief. The panel told him it was inconsequential and that he should have returned the brief nonetheless.

There was indignation from almost all of the members of the DC. Mr. Okudzeto then asked why he was wearing multi coloured socks? Why his shirt was not bottoned? 

Justice Charity Larbi then inquired from Simon why he had addressed a letter to me on a private letterhead and not on that of his Chambers?  The DC members were in agreement his action was not appropriate in law and represented a serious misconduct on his part. This meant his claim for the legal fees was null and void as the letter was not written on the appropriate letter head. 

Animley was accompanied by his senior at Awoornor Law Consult, Fred Dotse and another lawyer Michael Osei. Michael, who was the one who originally introduced me to Animley, had been asked to leave the room when proceedings had started. Interesting the three of them burst into laughter when I earlier entered the GLC secretariat. They were mocking me then. Aww, some believe in chariots and horses!

But all this while I was looking for an opportunity to pour more petrol into the blazing fire 🔥. When I finally caught the eye of the chairman, I referenced the fact Lawyer Animley had stated in his witness statement earlier in July, 2019 at an Accra Circuit Court that the Legal Council "never bothered itself to invite me on that matter because it found no merit at all in the complaint lodged by the Defendant." I told the body that I was therefore surprised the DC called me the previous week to inform me about the hearing we were having. I told them I was therefore not expecting the hearing to come on since according to Animley, the GLC had purportedly not found "any merit in my case."

Mr. Okudzeto looked Animley in the eye and told him, "so you have decided for us already?

He warned Animley to be careful of the law of perjury as he was threading on dangerous grounds.

At a point, he asked Animley whether he was a lawyer? He responded in the affirmative. Mr. Okudzeto then followed up by asking whether he had a valid lawyer's license? The respondent answered in the affirmative, obviously looking amused at the question. I rather sensed trouble for the respondent. 

Animley hardly had time to answer any questions as the members of the DC bombarded him with questions left, right and center. At a point, they asked him to keep quiet and listen. It was reminiscent of what I saw during the elections petition when Sir John and co. made appearances in Ghana. 

At this stage, the introspection shifted to the lawyer who accompanied Animely: Fred Dotse. He was asked how many years he had worked as a lawyer to which he answered 15 years. The follow up questions sought to know who he had worked under in his early years in law practice?

Out of the blue, Mr. Peter Zwennes, another member of the panel asked me when we're due back in court? Of course, I knew he was counsel for the defendant in my case, the GOC. I therefore thought he should have even recused himself from the hearing at the GLC.

Anyways, I answered and told the panel Mr. Zwennes has been on the opposite side during my legal pursuit so I can understand the question. I then told him when we are due back.

The chairman of the DC, I think, sought to explain to me the reason for the long delay before my case was heard. He said the body only meets once a month and that their efforts had further been dampened by the Covid-19 pandemic in recent times. And that it would not have been possible for them to have sat on the case without informing me.

This he said, I believe, in response to Animley's claim in his witness statement at the Circuit Court that the GLC found "no merit" in my case in 2019 when the case had indeed not yet been heard.  

He then asked me what I want the DC to do for me? I told him I only want my brief back. I know I could have asked for more but I stopped there. He then instructed Animley to give me my brief. I was instructed to inspect it before confirming that the brief was indeed mine.

With that out of the way, I was asked to excuse the rest of them as they had other things and other cases to see to.

I have much respect for the DC of the GLC for their decision and firmness. This country needs more of such decisions. 

Reminiscing, I came to the GLC crest fallen on 31st July, 2018 but here I was leaving triumphantly after my latest victory. I started singing the great christian hymn... There is victory for us. There is victory for is. Through the blood of Christ my saviour. There is victory for us...

BACKGROUND:

I have spent the last three to four years of my life exploring the legal and law enforcement systems of Ghana. It came by accident not by plan.

This development came about when my employers, the Ghana Olympic Committee, terminated by appointment on August, 24, 2017 due to what they described as "restructuring." 

Even before this so called restructuring, two men in the company of the GOC President Ben Nunoo Mensah had verbally assaulted and threatened me at the secretariat on 17th March, 2017. Despite reporting the incident to two different Police stations- Ministries Police and Nima Divisional Command- the pepetrators of the crime have still not been apprehended. I went all the way up by petitioning the CID Headquarters but nothing has happened. These facts are stated in my ongoing legal case at an Accra High Court and at the GLC.

I had to relocate from my residence after two unknown men came asking about my whereabouts on two different occasions from my neighbours. Worse still, I was chased by two people riding on a motor bike from Ghana Broadcasting Corporation junction at Kanda to Kaneshie one day after attenting a studio discussion at GBC.  This was scary stuff.

Now, the very lawyer I contracted to help me secure my entitlements from my former employers started acting strangely during the course of my legal pursuit which started in January 2018. 

On two different occasions, he deliberately deceived me about the date and time for hearing into my case. He became very apprehensive when I instructed him to add statements that incriminated the GOC in the infamous visa scandal that rocked the nation at the Commonwealth Games in Gold Coast, Australia in 2018. The statement read:

"The Defendant terminated my appointment to enable them perpetrate an illegality in the media accreditation process that subsequently led to the infamous deportation of some 60 Ghanaian journalists at the Commonwealth Games in Australia 2018."

Mind you, I was the GOC's Project Officer responsible for media relations and media accreditation then. The Minutes from the GOC's Board meeting of 23rd April, 2018 confirmed my account. 

Things became much clearer to me about the nature of the relationship that existed between my lawyer and the lawyers of the GOC later on. 

I went out to pray with my Pastor one night and in the course of time he told me about something he had scene in the spirit. It confirmed what I had already seen and suspected in the physical. I knew I had to make a decision on the lawyer. It was not an easy decision to make due to other considerations such as time and money. 

I terminated my contract with the lawyer and took over the car myself. At the same time (July, 2018, I was due to travel to India to take up a scholarship for the next five months so I had to give power of attorney to two of my colleagues to represent me in court. 

On my return to the country, my old lawyer Simon Animley kept making appearances on days my case was due for hearing. He would enter the court room, stand infront of me and call the lawyers representing the GOC, smile, wave to them and do anything to show me he was in cahoots with them. That is how I interpreted his actions. My friend Pastor was more than right in what he saw in the spirit. The lawyers on the other side would in turn respond to his overtures. 

On one particular day I was late for the hearing so I came in a bit late to witness a drama that was unfolding in the court room. By this time I had contracted a new lawyer. Simon, backed by the one of the GOC's lawyers called Alfred, were trying their best to convince my new lawyer to stop representing me in court. Among other things, Simon claimed I was very ungrateful to him. That I had failed to even pay legal fees 😡 which he claimed to have paid on my behalf. At a point, Alfred realised I had entered into the court room and so sat down. Simon kept going at my lawyer until my lawyer told him that this was not the appropriate forum to address his grievances. He advised him to continue with the legal process he had initiated against me at the Circuit Court if he so desired. The above statements are all captured in my statement to the GLC and Circuit Court.

With his tail between his legs, Simon left the court room. He saw me sitting at the back pew before exiting. 

The events at the Circuit Court gave me further evidence about the power of God.

Meanwhile at the Circuit Court, I represented myself in court because three lawyers I contacted to represent me were not interested in my case. Maybe it was because it concerned the thorny issue of "legal fees." 

On the very first day of the hearing at Circuit Court 4, the judge Emmanuel Essandoh asked Simon to tell his story to one senior lawyer who was then tasked to report back to the judge about his findings on the case. They returned a short while to tell the judge Simon's case had merit and that court should proceed with the processes. Simon was the type who always bad-mouthed me to the other Lawyers and anybody in sight.

Justice Essandoh, a very wise man, remarked "I don't want this case to become an issue between lawyers and journalists before proceeding. The judge fast-tracked the case with a speed I am yet to experience in court. Within three weeks, we went through Application for Directions and Case Management Conference (CMC). 

Justice Essandoh asked us to present our witness statement on the same day. I guess he wanted to get the truth without any of us seeing what the other had written. 

Two days before CMC, I saw in a dream where a man came to court and motioned for the case against me to be withdrawn. Another dark figured being at the back of the court room warned he would take revenge against me if ever I was to get a case at the Attorney General. I told him to bring it on. That is when I woke up from my sleep. The meaning of the dream was very clear but i was not so sure this dream could come true. Simon had looked pompous in court and did not look like a guy who would easily withdraw this case from court. 

On the set day for CMC, Simon sought to expunge some statements I had made in my witness statement concerning his appearances at the high court to intimidate me but the judge kept telling him not worry about it as he would get the opportunity to cross examine me. 

Justice Essandoh asked Simon at a point whether he had submitted a ledger bill of accounts to me before commencing the legal pursuit against me? Simon was in trouble but somehow summed up the courage in answer in the affirmative. This was my great opportunity to let rip. The moment the judged beckoned me to speak, I told the court Simon had failed to issue receipts for all payments I made to him. A heated debate ensued but I stuck to my guns and told the court Simon had deliberately deceived  the court into believing he had issued the necessary receipts. The court clerk was then asked to physically inspect Simon's receipt exhibits. The other Lawyers in court leapt to the defence of Simon and surrounded his table to help him sort out his documents. They left him one by one upon realising the obvious. 

In the melee, a smallish looking lawyer joined the fray and I heard him say "this is not good for the court." He addressed the judge as a friend of the court and advised if the parties could explore Alternative Dispute Resolution (ADR). Asked for my opinion, I heard myself say I don't have any problem if Simon wants to go to ADR, but as for me I don't want to go and waste my time at ADR and come back to court. The lawyers looked stunned by my response. I had seen through their plot. 

The judge decided to give Simon a reprieve by suggesting he wanted to go learn more about the issue of ledger accounts. He adjourned to the next day. 

We resumed hostilities the following day by returning to the same issue of ledger account. Out of the blue, Justice Essandoh reminded Simon, do you remember I told you to tell your story to a senior lawyer at the beginning of this case? He added, it was because I foresaw this situation. 

After much counselling by an elder lawyer who sat next to him and others, Simon got up and told the judge he wanted to withdraw the case from court. The judge the struck out the case from the record. 

I couldn't believe it. I had won the case without doing much. I remember writing a short summary of the proceedings and captioning it: The Holy Spirit: My judge and lawyer. I posted it on my social media handles. 

There is so much more to say. But I await the end of my main case against the Ghana Olympic Committee at an Accra High Court Labour Division 2 to conclude my story. 

I believe in God. I believe in miracles. I believe in the Holy Spirit. I believe in Jesus Christ is Lord. 

Nothing happens by chance! God is good! 

Hallelujah 🙌🙌👏👏










 
































Monday, November 16, 2020

Probe BAG President over CWG & Olympic Scholarship funds, 20% per diem deductions & more: Players demand

Members of the senior national badminton team have demanded for a probe into how scholarship funds meant for two athletes to prepare towards the 2016 Rio Olympic Games and the Gold Coast 2018 Commonwealth Games respectively were used by the President of the Badminton Association of Ghana (BAG) Evans Kojo Yeboah without the knowledge of the athletes involved. 

According to a petition sent to the National Sports Authority and the Ghana Olympic Committee on 17th March, 2020, nine badminton players said they had resolved not to play the sport until the President of the Badminton Association of Ghana Evans Kojo Yeboah is asked to “step aside or step-down” from his position.

Among other issues raised in the petition, the players allege the BAG President collects “Mandatory payments of 20% by players from their prize money and allowances (i.e. Commonwealth Games, and other international events), yet fails to refund that of the due percentage of 5% to clubs (badminton).”

Grace Atipaka told this investigation every player of the senior national badminton team was made to pay $420 of their per diem allowance to the BAG President at the 2018 Commonwealth Games in Gold Coast, Australia. 

“When we went to Australia, he (Evans Yeboah) collected $420 from each player. That is the 20% in his own constitution, me I don’t know. Out of the 20% collected, 5% will go to the regional association while 5% will go to the clubs where the player is coming from. Meanwhile, we don’t have any regional association. I and another girl, Eyram belong to the Winneba Badminton Club so when we came back we were expecting the club to receive their share from the President. But he is now telling people we (the club) are not in good standing.”

Responding to the issue in an earlier interaction, the BAG President said there is a provision in the BAG constitution in Article 39.3 that makes it mandatory for athletes and officials to pay 20% of their allowances to the association for distribution to the BAG (10%), Regional Associations (5%) and clubs (5%). 

Asked why the monies are yet to be paid to the regional associations and clubs, Evans said regional associations and clubs who are not in good standing with the BAG cannot access their share of the funds. He specifically mentioned the Winneba Badminton Club as an example of a club not in good standing with the BAG. 

He claimed the Central Regional does not have a recognised regional association therefore another regional association currently has oversight responsibility over the Central Region. 

This investigation could not independently verify the claims by the BAG President on this specific issue. 

Meanwhile, in a separate five page petition dated 5th October, 2020 and addressed to the GOC and NSA, a group of aggrieved badminton club administrators claimed the current executive has not rendered accounts for its stewardship ever since being elected into office in 2017 saying, “the “Executive Board” from 2017 to date render to all stakeholders audited accounts for the General Assembly.” That petition was signed by Mr. William Odoi of the Badminton Club of Accra. 

The latest development comes after our earlier investigative piece on the failure of the Ghana Olympic Committee (GOC) to pay Commonwealth Games scholarships worth £5,000 each to badminton player Grace Atipaka and athlete Atsu Nyamadi prior to the 2018 Commonwealth Games held at Gold Coast, Australia. 

The GOC had earlier named the duo as part of 7 sportsmen/women who had been granted scholarships to prepare for the Games but the two athletes say they never received any payments from the GOC. 

Unknown to this investigation, a petition had already been addressed to the National Sports Authority and the GOC by aggrieved badminton players in March, 2020 who had asked for an investigation into the matter.

“The non-disclosures and accounting of Grace Atipaka’s GOC Commonwealth Scholarship 2018 which was meant for training programs and others training equipment,” the petitioners said before adding, “The issues surrounding Daniel Sam’s Olympic Scholarship of 2016 and its lingering challenges to date.”

Meanwhile, Daniel Sam told this investigation he was advised by Evans Kojo Yeboah to open a joint account with him when his Rio 2016 scholarship was announced on 11th March, 2015. He subsequently deposited ¢8, 000.00 and ¢9, 000.00 respectively of his Rio 2016 scholarship funds into the account in 2015. At the time, Sam explained that Evans acted as his manager and he therefore did not envisage problems with him going forward. 

But Sam said his subsequent attempts at accessing the funds to help his mother settle her rent bill which was due turned into a bitter struggle as Evans, who was the then Treasurer of the BAG, refused to grant him access to the account. He therefore refused to deposit the next tranche of ¢10, 125.00 (HFC Bank Ghana Ltd-Ridge Branch cheque) issued by the GOC on 29th June, 2016 into the joint bank account. 

Sam alleged the BAG official seized his passport and threatened to have him arrested if he did not return the funds. He added that it took an emergency meeting involving the then BAG President Nestor Galley, one Mr. William Odoi and Mr. Rockson to prevail on Evans Yeboah to return his passport after they had also threatened to have him arrested as passports are the property of the Republic of Ghana.

Sam added that Evans has since failed to produce an account statement showing how the funds have been used till date. He has since had a strained relationship with Mr. Yeboah who has since become the President of BAG, he said.

When contacted, Evans Yeboah said he was not an executive of the BAG when the incident took place.

The petitioners raised other issues in the 12 point paper bothering on representation, welfare and transparency.

They raised a very serious claim in point 8 where they said the BAG President “registered unknown players for international tournaments,” before expressing displeasure at how they were denied jerseys and other equipment after competitions:

“Collection of jerseys, playing equipment and tracksuits of National players after competing for the Nation. E.g. Commonwealth Games 2018 and others events.”

The nine senior national team players who signed the petition were namely Daniel Doe, Jennifer Abitty, Daniel Sam, Perpetual Mensah Quaye, Michael Baah, Ebenezer Andrews, Ebenezer Saah, Grace Annabel Atipaka and Eyram Yaa Migbodzi.

Response to BAG Rejoinder

Meanwhile, in a rejoinder posted online in response to our earlier publication by this author captioned “GOC ‘failed’ to pay 2 athletes £5,000 Commonwealth Games scholarship,” the BAG claims Grace Atipaka took part in a “series of seven international competitions and qualifiers in 2017 and February, 2018.” 

It is instructive to note that six out of the seven listed competitions took place before 17th November, 2017, the day the GOC announced the Commonwealth Games scholarships.

This investigation notes the BAG rejoinder claimed that Grace had taken part in “qualifying international events prior to the Commonwealth Games.”  

But our investigation reveals the “Gold Coast 2018 Commonwealth Games qualification pathway was not required for singles, doubles and mixed doubles,” official documents from the Commonwealth Games Federation reveal. 

It is stated in the document however that “there was a qualification pathway for the mixed team event. The badminton competition will be Open Allocation for CGA’s to enter athletes, with the exception of the Mixed Team Event.”

Contrary to claims by the BAG the scholarship money was not “pocket-money” for the athletes, this investigation found out earlier scholarships from the GOC were generally meant to help “athletes receive access to appropriate training facilities, pocket-money and limited travel costs to Olympic/Commonwealth Games qualification competitions,” according to a publication on the GOC website dated 11th March, 2015.  

The experiences of the other 2018 Commonwealth Games scholarship recipients

This investigation dug deeper into the issue to know just how bad the situation was by interviewing some of the other athletes who were named as beneficiaries of the 2018 Commonwealth Games scholarships.

Kumasi based para wheelchair specialist Felix Acheampong was full of praise for the National Paralympic Committee (NPC) for the role they played in helping him access the funds from the GOC. 

He told me that at an appointed day and time, he came over to Accra and together with the NPC officials went to a bank at the “High Street of Accra” and cashed a cheque for his preparation for the Games. His plan to train in the USA before the Games was approved while the NPC equally approved his request to buy a new para wheelchair equipment to replace his previously worn out wheelchair racing equipment, he said.

However, US-based athlete Atsu Nyamadi insisted he never received any funds from the GOC despite the earlier announcement in November, 2017. 

“I didn’t receive any funds to prepare towards the games,” he said, from his base in the USA on 28th October, 2020.

The Technical Director of the Ghana Boxing Federation Ofori Asare acknowledged payment of the scholarship to his outfit. He explained that his federation replaced the original boxer on the list Azumah Mohamed with another boxer Abubakari Quartey. Azumah did not make the Commonwealth Games list while the latter did eventually. 

When contacted, the President of the Ghana Table Tennis Association Mawuko Afadzinu confirmed that the nation’s number one table tennis player Derek Abrefa received  £5,000 scholarship to prepare for the Games. 

He recounted how the release of the funds to Abrefa caused some problems as some other table tennis players thought the money should have been shared equally among the other players. Despite many calls to Abrefa, the investigation was unable to get through to him.

More to come…