According to the EC, “This Commission has not been able to extend voting rights to prisoners largely as a result of the restriction imposed on it by Section 7(5) of PNDC Law 284 which states as follows: a person who is a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in legal custody in any place shall not be treated as resident there for the purposes of this section.”

The EC noted that though extending voting rights will come with its own challenges, they are unable to do so at this time solely as a result of legal constraint, adding that, “until this piece of legislation is amended or removed from the statute soon, we do not find our way clear in acceding to your request.”

Further attempts by the LRC to have prisoners registered for voting in the 2008 general elections came to an abrupt end when an Accra High Court threw out their application.

However, Kojo Asante, a legal expert with the Centre for Democratic Development, has stated that there is nothing that prevents prisoners from being registered to vote. According to him, the law that spells out the criteria for voting is silent on a person’s criminal record. He pointed out that this issue becomes even more contentious when it involves people on remand, adding, “This people are suspects and have not been convicted of any crimes yet.”

To him, the only circumstance under which the EC may decide not to hold an election at a particular place or allow an individual to vote is when security matters were involved. And even under those circumstances they can request for a more secured venue.

He quickly explained that he is not familiar with the issues and grounds on which the LRC appeared before the High Court and therefore cannot comment on that specific case.

Another lawyer at the Attorney General’s Department this paper interviewed indicated that nothing prevents prisoners from voting. She said there is no legal constraint preventing prisoners from exercising their franchise. She however argued that the reason why prisoners are not allowed to vote may be as a result of the EC and prison authorities’ inability to organize the elections at the prisons or transport prisoners to vote.

During the compilation of this report, the Royal Mail’s attention was drawn to the fact that the Commission on Human Rights and Administrative Justice had stated their stand on the matter. However, checks at the Commission to verify this assertion proved futile; as officials could not confirm whether the Commission had ever made such pronouncements. Further checks at the Commission’s Research Department and Library yielded the same result.

The LRC in their May 6, 2008 letter to the EC had pointed out with concern that Ghanaians who are prisoners do not have the opportunity to be registered for the purposes of voting in public elections and referenda since the promulgation of the 1992 Constitution. They observed that prisoners who were registered but were incarcerated before previous elections either as convicts or remand prisoners did not have the opportunity to cast their votes in presidential and parliamentary elections.

“As we make this request, please be informed that we are not oblivious of the pertinent Constitutional and legislative norms governing the qualification of Ghanaians to vote. We have come to the conclusion that none of the norms as contained in the 1992 Constitution or the Representation of the Peoples Law validly prevents Ghanaian prisoners from voting in Ghana. It is our view that if any legislative norm seeks to disqualify prisoners who are Ghanaians of eighteen years or above and of sound mind, such a norm cannot stand the test of any critical legal scrutiny,” the LRC maintained.

The deceased was said to have been first rushed to the Christian Medical Centre some few meters away from the hotel by some teenaged friends, who saw him in critical condition.
 
Noting the gravity of his condition, the Christian Medical Centre referred the victim to the La General Hospital, where he was pronounced dead shortly upon arrival. Insiders alleged that this was not the first time a minor has drowned in similar circumstances in the hotel’s swimming pool.
 
However, management of the hotel have remained tight-lipped about the incident. Attempts by The Statesman to get the hotel management to comment on the issue proved futile as on countless times, the manager and other management staff were said to be in an important meeting and refused to talk to the paper.
 
Meanwhile, the event organizers have vanished into thin air. However, one of the sponsors of the event the paper was able to trace, Eazy Wear Boutique, Nungua, claimed they do not know the organizers of the event they sponsored.
 
Information gathered by The Statesman from some of the shaken and traumatized children indicates that the boy was found under the pool by one of the swimmers when his legs hit something in the water and he decided to investigate.
 
According to them, the deceased was brought out of the pool by the swimmers unconscious. They said the discovery of the body generated commotion in the pool. Later, a search was mounted amongst them to check the identity of the deceased.
 
Master Theodore Sarbah, one of the four minors who took the deceased to the hospital, told The Statesman that, after identifying the boy, they sent one of them to go home and inform his family about the incident, whilst they sent the deceased to the hospital.
 
He said when they got to the La General Hospital where they were referred to, they were asked to pay ¢4.00 for documentation, which they did not have, adding that the said amount was paid by the family members when they eventually arrived before the victim was attended to by medical personnel. According to him, the medical officer on duty had previously told him that the boy had lost blood.
 
A shattered Helen Kailebi Borquaye, mother of the deceased, told this paper that she heard about the son’s death around 10:30pm. She said she was earlier on informed that her son had collapsed at the His Royal Majesty Hotel, but she was advised to stay in the house due to her age and health for other family members to follow up to the hospital to check on him.
 
She said her last words with her son was when he came to take a shower and dressed up to go out. “I asked him where he was going and he told me their school is organizing a programme for all leavers. I asked him not to keep long,” she revealed amidst tears.
 
She vehemently denied rumours that her son was drunk when he drowned. According to her, as far as she knew, the son does not take alcohol, adding: “even if he was drunk, why should the hotel management not monitor the students and allow a minor who is drunk to swim.”
 
Investigations by the paper revealed that the organizers and the hotel management did not make provision for any lifeguard to be stationed at the pool.Meanwhile, a report has been made to the Kpeshie Divisional Police, Nungua, as victim’s body awaits postmortem examination at the Police Hospital, Accra.
 
The Nungua Divisional Police confirmed the story in a telephone interview with The Statesman, saying management of the hotel was to meet with the Regional Police Commander over the incident.
 
According to Chief Inspector Hansen, the investigator, the hotel has also been asked to produce the organizers of the event to assist in the investigations.

Indeed, Radio Gold went ahead to hold a mock handing over ceremony at its studio’s in Accra.

As at press time last night, indications were that the governing party’s Nana Akufo-Addo was set to win the presidency but by a slim margin. NDC supporters, whose spirits had earlier been raised, falsely, as it turned out, besieged the offices of the Electoral Commission last night and threatened to burn the offices down or manhandle the electoral officers. Thankfully, the security agencies were on hand to restore order.

With the exception of Tain constituency, where the elections were postponed due to irregularities in the electoral register, majority of the results – many uncertified by the EC but declared as such by the radio stations – were throughout Sunday night and Monday afternoon.

With results from the NPP strongholds certified, the party was set to hand the NDC an electoral hat trick of defeats.

In an interview with The Statesman, Mustapha Hammid, spokesperson for Nana Addo Dankwa Akufo-Addo, stressed that it was premature for any one, especially the National Democratic Congress, to declare victory in the presidential run-off election. He indicated that it was only the Electoral Commission that is mandated by the Constitution of Ghana to declare the results of elections.

According to him, it was because of this that the NPP had refrained from coming out with their own results, “which by the party’s calculation placced the NPP ahead of the NDC in the presidential run-off.”

Hammid explained that the party respects the rule of law and public order and that was the reason why it had not come out with their results. He pointed out that it would be a recipe for disaster in the country if every one was allowed to come out with their own results. He said they had advised their supporters to remain calm and wait for the EC to officially declare the results. “But for now they are jubilating and we are also jubilating; it is only tomorrow that all of us will know the real winner,” he said.

On the issue of the NDC besieging the EC offices last night, Hammid appealed to the security agencies to stamp their foot on the ground to ensure peace in society, adding that people should not be allowed to take the law into their own hands.

He was very confident that by mid-day today the Chairman of the Electoral Commission, Dr Afari Gyan, would have declared the results. He said even if this does not happen “the NPP will continue to wait for it [EC] as long as it takes.”

She said the election was generally held in an orderly, smooth and professional manner. Dr Frazer, who arrived in the country December 26 observed the election in some constituencies in and around Accra. She was full of praise for the Electoral Commission and the security agencies, especially the Ghana Police Service, for the proficient manner they handled the run off, pointing out that the Electoral Officers and the security agencies did not interfere with the voting.

Addressing journalists at the Accra International Press Centre after her observation of the polls, Dr Frazer appealed to the media to stop spreading unsubstantiated rumours ”which have the tendency to ruin the election.” She stressed that the success of Ghana’s election would be a test of Africa’s democracy. Dr Frazer indicated that before the elections she held discussions with former President Jerry John Rawlings, President Kufuor, and the two presidential candidates, Nana Addo Dankwa Akufo-Addo of the New Patriotic Party and John Evans Atta Mills of the National Democratic Congress, to prevail on their supporters to have a peaceful election.

She said the two presidential candidates must respect the tenets of democracy. She noted that it is imperative for the candidates and party officials not to incite their supporters to violence. The US called on candidates, party officials and supporters of the NPP and the NDC to respect the citizens of Ghana by accepting the results of the votes that would be announced by the Electoral Commission and refrain from provocation and incitement.

According to her, a successful, free and fair election in Ghana would strengthen the good relationship between the US and the country. She indicated that whoever won the presidential run-off would have the support of the US.

Touching on events on the African continent, Dr Frazer noted that most of the ills of the continent were conflicts. She pointed out that the way President Mugabe was cringing to power in Zimbabwe could result in unrest, in the event of his demise as is being witnessed in Guinea.

She stressed that the situation in Guinea should serve as a warning to the Southern Africa Development Community.

This fierceness and competitiveness has led all stakeholders in the electioneering process to call for peace and decorum before, during and after the December 7 general elections.

Adding his voice to this call, Sam Okudzeto, a legal luminary, has noted that political difference should not lead to violence. He observed that political parties are necessary machinery for democratic governance.

According to him, a person belonging to another party is not an enemy to be fought, maimed or killed, and went on to describe references by politicians to the Kenya post election conflict as misconceived. He said the ugly legacy of the early 50’s when in and around Kumasi violence, arson and anarchy reined for about three year’s is a battle all political parties have a duty and responsibility not to allow to emerge. “Since 1956 we have never witness any such political violence in Ghana. Ghana has stood and will continue to stand as symbol of hope for democratic governance in Africa and the world,” he stressed.

Mr Okudzeto made these observations at the 13th edition of the annual William Ofori Atta Memorial Lectures. The theme for this year’s three days lectures was “William Ofori Atta: the bridge to a peaceful modern society.”

Making reference to the recent American elections, he said one of the lessons Ghana should learn from this elections is that negative propaganda does not aid in winning an election. According to him, “if a young 47 years old and some say inexperience black man can overcome all the obstacles of racial prejudice and emerge victorious and become the president it should make us in Africa sit up.” Still making reference to the American elections, Mr Okudzeto said the behaviour of Senator McCaine and President elect Obama on election night is the best lesson for us in Ghana to copy. He pointed out that President elect Obama is reaching out to Senator McCaine and the Republicans as part of national healing. He said peace is not just a word but something we must live. Quoting Cotton, a philosopher, Mr Okudzeto said “Liberty will not descend to a people; people must raise themselves to liberty. It is a blessing that must be earned before it can be enjoyed.”

He was of the opinion that Ghanaians have to work towards peace, appreciating their differences either in opinion, aptitude or temperament and learn to live with it, adding, “We are richer by our differences.”

To buttress his point, he cited an instance in April 1978, during the General Acheampong regime when himself, William Ofori Atta and members of his party including K A Gbedema, A K Deku, Prof Adu Boahene, R R Amponsah and Mr Benney were arrested and sent to different prisons in the country. He said Paa Willie (William Ofori Atta) and himself (Sam Okudzeto) instituted action at an Accra high court as a test to challenge their detention. He disclosed that their counsels were the Fui brothers and Tsatsu Tsikata. He said the judge before whom the case was tried was Justice Agyepong who later was to be murdered with two colleagues in 1983.

Mr Okudzeto observed that at the time, many lawyers were afraid to confront General Acheampong but the two brothers without any fee stood for the cause of justice. He pointed out that all of them were released on the day General Akufo in the Palace Coup remove General Acheampong. “We were released on the same day because Major Sowu made it his business to insist that General Akufo signs the warrant for release of the detainees and took the warrant personally to the Director General of Prisons and ensured that we experience our freedom on the same day that General Acheampong lost his,” he said.

“This shows that political division at one time does not meal ideological rift. For the interest of mother Ghana many were prepared to work together for the interest of the country. Perhaps it is appropriate for me at this stage to make a plea for amnesty for Tsatstu Tsikata for his dedication and contribution for the cause of justice,” he added.

Other issues Mr Okudzeto touched on in his lecture were intolerance and tribalism, the concept of winner take all, poverty, education and industrialization.

To Mr Okudzeto, “The real legacy of William Ofori Atta, I believe is his humility. Though one of the big six, the son of an important chief who was knighted, he never raises himself above the ordinary. He shunned wealth and until his death even when he was the Chairman of the Council of State he lived in his modest bungalow type home at Tesano. His ability to see the funny side of everything including making fun of himself made him an example to every politicians and the ordinary citizen.”

The annual William Ofori Atta Memorial Lectures was instituted in 1992. Other speakers who spoke at this year’s lectures were Comfort Ocran, Chief Executive Officer of Legacy and Legacy, a human-capital development company, and Dr Mensa Otabil, Pastor, Educator, Entrepreneur and Consultant.

The Senior Tutor of Legon Hall, the Hall Master, the Dean of Students and the Registrar of the University are facing the charges.

The contempt of court charge is a result of the refusal of the four to obey a ruling passed by the human rights high court in Accra on November 11, 2008, after it has granted an exparte motion for interim injunction brought by Victor Kwadjoga Adawudu on behalf of his clients, Elvis Ampedu and Isaac Kwame Batu, who are aggrieved final year students of the University of Ghana. The court in its ruling noted that “if this case has to wait to go to trial or if the respondents have to be served, the applicants would suffer irreparable damage.”

In an interview with The Statesman, Mr. Adawudu explained that since the authorities have refused to obey the court’s order by not opening the rooms of his clients which, contained their belongings to enable them to study for their exams which starts yesterday, they are left with no choice than to cite them for contempt. He alleged that the authorities have all been served with the court’s ruling and are aware of it.

The contempt suit was filed yesterday.

In the substantive case, the plaintiffs are praying an order of the court restraining the defendants, their agents, servants and assigns from evicting them from their residential facilities located in Legon Hall, University of Ghana, Legon. They are further seeking an order from the court compelling the Senior Tutor and the Hall Master to constitute and independent body to look into their grievances.

The facts of the case are that the plaintiffs who are registered and qualified members of the Legon Hall Junior Common Room and accredited observers of Congress, the highest decision making body of the JCR, were evicted from their rooms with their belongings including their books and pocket monies locked up by the Senior Tutor and Hall Master of their hall for questioning and issuing a press statement on some of the activities of the JCR President and his executives.

The two stated in their motion paper for interim injunction that although Congress on May 22, 2008, took a decision to impose a levy of GH¢19.50 as hall dues of every first year member of the JCR for the 2008-2009 academic year, the JCR President and his executives unanimously decided to increase this amount to GH¢22.00. They claimed that during some part of the vacation period and early part of this semester, the JCR President accommodated his mother in the hall without any explanation to members of the hall, especially on the ‘H’ block which is a male block. Plaintiffs said in the address of the state of the JCR delivered by the President, he told members that the JCR had procured an amount of GH¢6000 for some projects, although such contracts was not approved by the Congress of the JCR.

According to the two, as registered members of the JCR they questioned the JCR President and his executives and demanded answers from them which they failed or refused to do. The plaintiffs therefore issued a press statement to Radio Univers, the University’s radio station, and the appropriate authorities in the University to compel the JCR President and his executives to answer the questions.

However, the Senior Tutor and the Hall Master viewed the plaintiffs’ press statement demanding answers, probity and accountability as an affront to their dignity, and consequently evicted them from their residential facilities.

The two students reported the issue to the Dean of Students for the resolution of the matter, but the Dean will not give them an opportunity to be heard unless they apologise and retract the press statement.

The lecturer for the workshop was Dr Barbara Thomas, a Professor at the Media Department of the University of Bochum, and was facilitated by Sarah Bindokat.

Participants were taken through topics such as the value of codes, norms and standard in journalism, journalistic ethics and individual accountability, conflict reporting, covering elections, accidents, calamities and catastrophes, court reporting and self-regulation and media accountability systems. Participants undertook several group work and case studies.

On hand to give a country perspective on election covering in Ghana was the President of the Ghana Journalist Association and Editor of the Daily Graphic, Ransford Tetteh.

Participants were full of joy for the opportunity to attend the workshop. According to Romaric Badoussi of the Le Point au Quotien in Benin, a participant, the workshop was “a very exciting period. My expectation was fulfilled. The subjects were really interesting. I’ve learnt much from Barbara and from all the participants. I think Sarah also succeeded in the general organization. On the other side, that was for me the first time to test deeply my ability of listening, and speaking English.”

The International Institute for Journalism of InWent was founded in 1962 in order to give young, up-and-coming journalists from developing and transitional countries the opportunity to enhance their knowledge in the media business. The IIJ offers advanced training and dialogue for print and news agency journalists as well as for online journalists.

The aim of the IIJ programme is to strengthen freedom of expression and press freedom in the partner countries of the German development cooperation and thus improve the conditions for democratization and economic and social development. In this capacity, the IIJ represents a key pillar in the media development work of the Federal Government of Germany and particularly of the Federal Ministry for Economic Cooperation and Development. The IIJ currently offers up to 40 training courses and dialogue programmes per year which take place both in Germany and in the partner countries and reach approximately 500 media workers.

InWent – Capacity Building International, Germany, is a non-profit organisation with worldwide operations dedicated to human resource development, advanced training, and dialogue. InWent is commissioned by the German Federal Government, the German business sector, and the German Länder.