Politics is ideas not insults

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As a country that came from colonization many thought that our politics would be civil and responsible than before, as our democracy keeps growing from strength to strength, but that is not the case. Rather, is tempting us to remind ourselves of the dark days in our political history. 

As a former student leader and someone who sit on the fence with basic understanding of conceptual politics I have always held the belief that politics is competition of ideas and not insults. 

The academic discipline that describes how power is exercised, through the administration of public power, to manage citizens affairs may perhaps be termed politics. 

The recent development in our airwaves in relation to the politics of insult is in bad taste and I do not want to belabor it, we need to be shameful of ourselves. I’m very much worried about this phenomenon and I know every well meaning Ghanaian would also be concern about this, particularly when my 12-year-old junior brother came to ask me why there is so much insult on our radio station. I was embarrassed. While in all these, the media has been indispensable. The media should be seen as a powerful tool for education and as such must not be used for malice. 

As a celebrated country and the pride of African democracy, our politics should be issue centered rather than vitriolic attacks on personalities. However, it is very inappropriate to destroy a person’s hard earned reputation for money or parochial ends and we need to be conscious about that. 

In our daily lives we are faced with myriad of challenges – lack of good drinking water in our taps, hawkers on our street, inflation, reduction in the size of kenkey, poor services in our hospitals, lack of quality education in our schools which makes the people functionally illiterate and so on. Yet we digress from all these sensitive issues and we talk about how short or tall a presidential candidate is, how handsome or ugly another is, how sick or mad, “ntafoo koa”, “wonai chi a apai pai”, “kooko-ase kurasene”, “All die be die” among others. In my judgment, I think enough is enough; the sooner we nib it in the bud the better. We must wake up from our slumber and extricate ourselves from this journey of nowhere. 

I hold a firm opinion that, the best way to kill a tree is not to cut it branches but to dig out its roots. To me, the root of this problem has to do with unethical journalism. Discretion is the better part of valor. As the Prophet Mohammed wisely pointed out “Speak good (well) or be Silent”. 
Clearly, this means that if you have nothing meaningful to say, the best you could do is to humbly keep quiet. 

I recommend to the media editors to look for those mature people in our society who are inspirational to the youth, who set an exemplary good life for others to emulate, those who make sense in their discussions rather than noise. 

What can we do about this cancer that is impeding the growth of our democracy? 

THE MEDIA

First, there must be laws and regulations that will empower the media commission so that it can enforce professionalism in their modus operands. Second, the media profession must have ethical values far from political ideologies and organizations. We must end the practice of corrupting the press for partisan purposes. Third, media practitioners should exercise their freedom of expression through a high sense of responsibilities. 

Fourth, media practitioners require a lot of investment both in human resource and in technology to be able to offer an excellent job and reduce temptation from selfish politicians. 

Fifth, the media should censor putting reckless or “loose talks” on air. Again, the practitioners have to pluck up courage and dissuade foul mouth politicians who for some reasons best known to them spew insults on our air waves instead of substantive issues. 

As we are approaching the 2012 elections, I am urging all and sundry to be circumspect and discerning to eschew gullibility and apocalyptic consequences. However, the purpose of an election is to determine the will of the people who are voting. 

Consistent with these provisions, someday we shall move forward without doubt. 


Author: Tijani Kassim Abdallah
Ibn_abass2g7@yahoo. com

Abedi Ayew Pele

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He was named ‘Pele’ because of his ability to evoke comparison to the Brazilian football genius  Pele.
Born on November 5 1964, Abedi Ayew ‘Pele is one of the first great African players to make an impact on European club football. He is also a former Ghana International football player and captain.
At age 17, Abedi Pele helped Ghana win the Nations Cup in 1982. But after helping the Black Stars team to finals in 1992 as captain, he was suspended because he picked up two yellow cards and watch the Ghanaian side lose on penalties in the finals..
Abedi holds the CAF Cup as the player who has been at the Nations Cup Finals more than any other on the continent, beating even the legendary Roger Milla of Cameroon to the record. He made his first appearance at the 13th Nations Cup Finals in Libya in 1982 and for the next 16 years (ending at the 21st Finals in Burkina) continued to grace the most prestigious football fiesta on the continent, first as a member of Ghana’s squad rising to become captain in 1990, as captain.
Abedi left Ghana to pursue his professional career in Qatar after 1982. After a short stay with Switzerland F.C. Zurich, he returned to Ghana and played for Real Tamale United for a season.
He started his European career in France with Chamois Niort, then Montpellier and Lille, before he moved to Olympique Marseille. He later joined Lyon. He also played for Torino of Italy, where he won the Best Foreign Player in Serie A, before finishing his European sojourn with 1860 Munich.
Abedi found fame in France’s Ligue 1 with Lille OSC and Olympique Marseille and was named African Footballer of the Year in 1991, 1992 and 1993. He was named as one of the top 125 greatest living footballers in March 2004. He was very instrumental in Olympic Marseilles winning the European Club Championship trophy in 1993, the first time a French team won it.
Abedi Pele has the singular honour of participating in more FIFA organized charity matches than any African player. He is currently on the player status committees of both FIFA and CAF.
He is adored in many African countries, especially the Francophone countries because of his exploits in France.
Nevertheless, in countries such as Nigeria and South Africa, football fans still wear T-shirts bearing his name. In fact, Abedi is indeed a goodwill soccer ambassador of Africa. That explains why the South African FA made him a Spokesperson for their 2006 World Cup bid.
In appreciation of Abedi’s devout services to the country, the Ghanaian government awarded him the country’s highest honour, the Order of the Volta (civil division). He thus becomes the first Ghanaian sportsman to be so honoured.
Upon being awarded a European Cup medal Abedi won with the French side Olympique de Marseilles, UEFA later had to withdraw it because the owner of the French club Bernard Tapie, was found guilty of cheating and other malpractices.
He was in June 2001 nominated to serve as the next Chairman of the Ghana Football Association, an opportunity he later gave up for a more experienced former coach of Ghana, Ben Koffie.
He currently runs his own football club called Narnia FC with the future hopes of nurturing the young talent to augment the fledging league of the country. The club won the MTN FA Cup in July 2011 after beating Ghanaian Football giants Asante Kotoko 1-0 in the finals.
Three of his sons, Ibrahim, Jordan and Andre Ayew are currently paying their dues to Ghanaian Football as players of the Black Stars. They are following in the footsteps of their father performing well in both local and international football. In a very funny way, one can say Abedi is giving back to the society in a very interesting way.
Abedi Pelé is a member of FIFA’s Football Committee and is one of the continent’s most repected and important ambassadors.

Ghananewslink.com

Vaccination for deadly Yellow Fever begins

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Hundreds of people are queuing up at health centres across Ghana as health officials Tuesday began a five-day yellow fever vaccination exercise.

The exercise is taking place in 43 districts. One person has so far died from what officials say is an outbreak of the yellow fever disease.

The preventive exercise is targeted at persons ten years and above. Pregnant women are excluded.

In areas where cases have been recorded, children aged one and above will be vaccinated as well.

At the Adabraka Polyclinic in Accra, 200 people had been vaccinated as at 3pm, Tuesday.

Dora Ansah who was part of the vaccination team told Myjoyonline.com the major challenge the exercise faced was the fear by patrons of a painful process.

According to her, a number of people stayed away from the vaccination, afraid it might be is painful, a situation she described as most unfortunate. She said vaccination is not painful, adding, the cost of not taking the vaccine is deadly.

The team also faced communication challenges as some of the people who came for the vaccination did not know their full names, dates and places of birth.

Some of those who successfully went through with the vaccination said they were excited about it.

Yellow Fever is a deadly viral disease spread by infected mosquitoes.

According to the Ghana Health Service, one out of two persons may die if infected with the disease.

Click this page for more information on yellow fever.

From: Ghana/Myjoyonline/Joy News

Birim Central joins National Yellow Fever Vaccination

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The Birim Central Municipal Health Directorate, Eastern Region, on Tuesday started vaccinating people against yellow fever in line with the National Yellow Fever Vaccination Campaign to prevent the outbreak of the fatal disease in high risk areas.

The Municipality is one of the 43 districts in eight regions targeted for exercise, necessitated by the outbreak of the disease in the Upper West Region.

Under the theme: “Get Vaccinated and be Protected Against Yellow Fever,” the exercise would end on Monday, November 28.

Ms Anastasia Atiogbe, Municipal Director of Health Services, told the Ghana News Agency (GNA) at Akim Oda, that: “The target population is persons 10 years and above, excluding pregnant women.

However, in three districts of the Upper West Region, a reactive vaccination campaign will cover all persons over one year old, excluding pregnant women, to halt the transmission and increase immunity among the population in the Region.

The vaccination, which is free, is being undertaken by the Ministry of Health with the support of the World Health Organisation and other development partners.

Ms Atiogbe explained that: “A team of health workers and Community Health Volunteers will be moving to schools, organisations, churches and workplaces to vaccinate people.”

According to the Ministry of Health, Yellow fever, which has no cure, “is a potentially lethal infection transmitted by a bite from a mosquito called Aedes aegypti.”

The disease goes through three stages with the initial symptoms being headache, muscle and joint aches, fever flushing, loss of appetite, vomiting and jaundice.

After about three to four days, the symptoms go away briefly, a condition called remission, which also lasts about three to four days. Most people recover at this stage but others develop into the third stage.

The third stage, referred to as “a period of intoxication”, is characterized by multi-organ dysfunction – which may include the heart, liver and kidney failure, bleeding disorders, haemorrhage and brain dysfunction. The brain dysfunction includes delirium, seizures, coma, shock and death.

Ms Atiogbe told the GNA that: “Yellow fever is a very dangerous disease because half of those who develop complications from it die. Immunization is the best form of protection from the disease.”

In 1992, the Government introduced yellow fever vaccination for children at nine months to protect them from the disease and it has since become part of the national Expanded Programme on Immunisation.   gna

Equal Citizenship: A Constitutional Bedrock under Imminent Threat and Danger

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Source: S. Kwaku Asare

In this article, I present equal citizenship as a fundamental principle animating the 1992 Constitution. I also argue that the principle is under imminent threat and danger. The purpose of the article is to call for a united and sustained effort to protect the principle and to avoid becoming a society of unequal citizens. I start by defining equal citizenship and describing its constitutional foundations. This is followed by a discussion of areas where equal citizenship is currently under severe attack.

Briefly, the areas are: (1) some citizens are banned from holding certain unelected public offices; (2) some citizens are banned from holding certain elected public offices; (3) some citizens’ votes count more than others; (4) some voting laws are not enforced with the sole purpose of disenfranchising some citizens. I conclude with strategies that the citizens under attack must pursue to win this war on equal citizenship. What is Equal Citizenship? The Constitution addresses citizenship from two perspectives: In chapter 3, it focuses on citizenship as status and delineates who is a Ghanaian citizen. In chapter 7, it focuses on citizenship as a bundle of rights and delineates the rights that accrue to only and all citizens. Thus, citizenship status and citizenship rights are inseparable and represent different sides of the same coin. This is an extremely important concept because it highlights that except as severed by the Constitution itself, any actions to separate status and rights are presumptively unconstitutional. In Chapter 3, the Constitution stipulates the various ways that one can become a Ghanaian. These include grandfathered citizenship (those who were citizens before 1992), blood citizenship (anyone born anywhere to at least one Ghanaian citizen), child citizenship (children who are less than 8 years and found in Ghana or less than 16 years and adopted) and marriage citizenship (anyone married to a Ghanaian can apply to become a citizen). In Chapter 7, the Constitution stipulates that citizens have the unfettered right to vote. This right has several derivative rights, including the right to be registered, the right to participate fully and equally in the political process, the right to cast a ballot, the right for the ballot to be counted, the right for the ballot to be weighed equally, the right to run for elected office, the right to hold unelected public office, and the right to finance a candidate.

In some rare instances, the Constitution itself severs status and rights. For instance, only 18 year olds can vote (but notice here that it is assumed their parent or guardians will participate on their behalf). Only those of sound mind can vote (but notice here it is because it is assumed that they lack the capacity to participate in the political process). Those who commit high crimes or tax crimes or those who are bankrupt (and have not been discharged) cannot hold certain elected and unelected public office. However, 2 notice this is a restriction based on serious criminal actions or those that raise questions about a citizen’s ability to be trusted. Thus, equal citizenship means every citizen, as defined by Chapter 3 of the constitution, is entitled to the same rights, as defined in Chapter 7. By embracing the doctrine of equal citizenship, the Constitution and people of Ghana rejected a Caste system that varies a citizen’s rights based on social, economic, political, religious, ethnic, resident, or other citizenship status. In effect, in Ghana, except where the constitution itself curtails these political rights, the rights cannot be disturbed. Equal citizenship affirms that whatever their inequalities of wealth, status, and power in the everyday activities of civil society; citizenship gives everyone the same status as peers in the political public. It is not hard to understand why equal citizenship was such an important concept to those who framed the 1992 Constitution. The 4 th Republic emerged from a period where “the Provisional National Defence Council (PNDC) had polarized Ghanaian society into “Citizens” (“the professionals,” the relatively well-off”) and “People” (the working classes, very junior officers, and the unemployed). The “citizens” were presumed to be corrupt, and many were put before the National Investigations Committee and Citizens Vetting Committee to explain how they came by their wealth. Soldiers were positioned behind such persons undergoing interrogation, and administered slaps, beatings and military drills, often under orders from civilian personnel.” Class warfare was something that the new Republic had to avoid. Threats to Equal citizenship The doctrine of equal citizenship is being violated in four areas: (1) some citizens are banned from holding certain unelected public offices; (2) some citizens are banned from holding certain elected public offices; (3) some citizens’ votes count more than others; (4) some voting laws are not enforced with the sole purpose of disenfranchising some citizens.

Some citizens are unlawfully banned from holding certain unelected public offices In 1996, Parliament repealed Article 8(1) of the Constitution, and substituted Article 8(1) Constitution, (Amendment Act), 1996 (Act 527). The substituted Article states, “A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.” The effect of this amendment is that the Republic now extends dual citizenship to a broader class of citizens. This is not a problem. Parliament has the express power under Article 9(1) of the Constitution to make provision for the acquisition of citizenship of Ghana by persons who are not eligible to become citizens of Ghana. Further, Article 8(1) was not an entrenched provision of the 1992 Constitution. Therefore, Parliament had the power to amend it using the ordinary amendment procedure specified in Article 291 of the 1992 Constitution.3 At the same time, Act 527 sought to disqualify dual citizens from holding several specified public offices by inserting Article 8(2) into the Constitution.

Article 8(2) states “[W]ithout prejudice to article 94(2)(a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana

• Ambassador or High Commissioner; • Secretary to the Cabinet • Chief of Defense Staff or any Service Chief; • Inspector General of Police; • Commissioner, Customs, Excise and Preventive Service; • Director of Immigration Service; and • Any office specified by an Act of Parliament.”

Subsequently, the Citizenship Act of 2000 expanded the number of public offices and granted the minister of interior the power to exclude more offices. The new list reads as follows:

• Chief Justice and Justices of the Supreme Court; • Ambassador or High Commissioner; • Secretary to the Cabinet; • Chief of Defence Staff or any Service Chief; • Inspector-General of Police; • Commissioner, Custom, Excise and Preventive Service; • Director of Immigration Service; • Commissioner, Value Added Tax Service; • Director-General, Prisons Service; • Chief Fire Officer; • Chief Director of a Ministry; • the rank of a Colonel in the Army or its equivalent in the other security services; and • Any other public office that the Minister may by legislative instrument prescribe

In addition, the Citizenship Regulation 2001 requires dual citizens to carry dual citizenship certificates. Under those regulations, the person must apply for Form 11 (Dual Citizenship certificate) by filling Form 10 at a cost of 200 GHC. She must have a Cover letter; Evidence of Ghanaian citizenship, Evidence of parents’ citizenship, Naturalization Certificate and 4 passport-sized Picture.

A notary public, High/Circuit Judge or Head of Ghana’s Mission Abroad, must seal the Form. If satisfied, the Minister would issue the Dual Citizenship Certificate (Form 11), at a statutory fee, which is now 20 GHC.4 Act 527 is unconstitutional because it creates a class of citizens with fewer rights, in violation of the doctrine of equal citizenship and the Constitution. Specifically, by banning dual citizens from holding the specified offices, Act 527 curtails their right to participate fully and equally in the political life of the country. This recreates the caste system that the 1992 constitution sought to avoid. Further, Act 527 discriminates against dual-citizens and violates their dignity in violation of their fundamental human rights recognized in Chapter 5 of the constitution.

It is easy to see how Act 527 discriminates against dual citizens. But the violation of their dignity requires additional elaboration. Based on case law from South Africa and other jurisdictions, human dignity is said to be violated where groups are marginalized, ignored or devalued; where minorities are excluded from decision-making processes that affect them; or where individuals are treated as objects. Clearly, the exclusions in Act 527 treat dual citizens as objects; devalues and dehumanizes them; and exclude them from decision-making processes that affect them.

A potentially elegant but incurably flawed argument to support the ban is that Act 527 is an amendment of the Constitution; hence it cannot be constitutional. Simply stated, what is in the constitution cannot be unconstitutional!

While it is apt to argue that a provision of the Constitution cannot be said to be unconstitutional, it is also true and even more important to realize that provisions must be put in the Constitution in only the constitutionally permissible ways. The constitution provides 2 different paths to its amendment. Article 290 provides the path for amending entrenched provisions and Article 291 is the path for amending provisions that are not entrenched.

The Article 290 path is noteworthy because it requires that the amendments be submitted to a referendum held throughout Ghana. Further, the amendment can only pass if at least forty percent of the persons entitled to vote, voted at the referendum and at least seventyfive percent of the persons who voted cast their votes in favor of the passing of the bill.

Further, the constitution identifies those provisions that must be amended only via Article 290. The right to vote (Article 42); the right participate in political activity intended to influence the composition and policies of the Government (Article 55(10)). These two are entrenched because they are the pillars of equal citizenship. In addition, the anti -discrimination clause (Article 17) and the dignity clause (Article 15) are both entrenched.

Needless to say, any amendment of the Constitution that disturbs these entrenched provisions are void and of no effect unless the amendments are procured by following the path outlined by Article 290. And therein lies the problem with the argument that Act 527 is constitutional because it is in the Constitution! The argument is both too little and too much. It is too little because it fails to take into account the effect and implications of the purported amendment. It is too 5 much because we have an ordinary amendment of the constitution, that its extraordinary in the way it extinguishes fundamental rights, sweeping in its impact on the body politic, and revolutionary in the way it sets aside the doctrine of equal citizenship in favor of a caste system that many of us spent our lives fighting against during the PNDC days. Undoubtedly, Act 527 is an amendment. The more interesting question is what is the effect of the amendment and was the amendment properly procured? This is an important question because, as discussed, some amendments can only be procured via a referendum.

What then is the effect of an amendment of the constitution that creates a class of citizens who are excluded from holding certain public offices? In my opinion, the exclusions in Act 527 has the effect of amending the sections of the constitution that guarantee that all citizens can fully and equally participate in the political process. I also believe that the exclusions interfere with the right to vote, broadly and properly construed. In effect, the exclusions derail the concept of equal citizenship.

Further, Act 527 has the effect of amending the anti-discrimination and dignity clauses of the constitution. All four clauses being entrenched provisions, the government does not have the power to amend them by using the ordinary amendment procedures in Article 291. It is also important to note that disqualifying dual citizens from holding the specified offices serves no legitimate purpose. In the alternative, the disqualification is disproportional. That is, assuming that the ban serves a legitimate purpose, the government could seek less restrictive ways to achieve this purpose than an outright ban on dual citizens. One such way is to ask the dual citizens to take a special oath! The exclusions in Act 527 are problematic for another important reason. Specifically, the prohibitions are not consistent with our obligations under the International Covenant of Civil and Political Rights (Article 26), the African Charter on Human and Peoples’ rights (Articles 2 and 3), and the Universal Declaration of Human Rights (Article 7). Finally, the prohibition is counter to the emerging progressive jurisprudence worldwide, including Nigeria where the Courts have held that Nigerians by birth can stand for any office, including the Presidency, even if they are dual citizens.

In my opinion, the requirement to possess additional documentation that sole citizens are not required to possess is unreasonable, unnecessary, discriminatory and not constitutionally warranted and is therefore null, void and of no effect. What purpose is achieved by acquiring this document that is neither a travel document nor an identification card? Dual citizens ingress into Ghana with their Ghanaian passports and ingress into their other countries of citizenship with the passports of those countries. When egressing out of Ghana, a carrier might demand evidence that the dual citizen is admissible into the destination country and the dual citizen can 6 show the non-Ghanaian passport as evidence. The Dual Citizenship certificate is entirely worthless. In sum, the Amended Article 8(2) and the consequential legislation imposing public office-holding exclusions on certain citizens of Ghana is unconstitutional in that, the amendment has the obvious and intended effect (if not the express purpose) of discriminating against a certain class of citizens in violation of the Equality Clause of the constitution; devaluing and dehumanizing them in violation of the Dignity clause of the constitution; curtailing their right to participate equally and fully in the political process in violation of the Participation clause of the constitution; the grounds for the exclusions are not permissible grounds under the Equality, Dignity and Participation clauses of the Constitution; The Equality, Dignity and Participation Clauses of the Constitution being entrenched clauses of the Constitution, any purported amendment to those provision must be in conformance with the provision for the amendment of entrenched clauses spelled out in Article 290 of the Constitution;

The amendment in question, not having been procured in conformance with the provision spelled out in Article 290 for the amendment of an entrenched clause of the Constitution, cannot stand.

The myth of the ban on holding elected public office According to Article 94(2)(a) “A person shall not be qualified to be a Member of Parliament if he owes allegiance to a country other than Ghana.” Remarkably, this provision is being used to prosecute and persecute dual-citizens. For instance, Adamu Sakande, the MP from Bawku, has been on trial since 2008, even though he has renounced his British Citizenship.

Let us be very clear that Article 94(2)(a) does not talk about dual citizenship. The framers of the 1992 constitution, when they wanted to talk about dual citizens did it in very clear and precise language. For instance, the pre-Amended Article 8(1) takes the form of “Subject to this article, a citizen of Ghana Shall cease forthwith to be a citizen of Ghana if, on attaining the age of twenty-one years, he, by a voluntary act, other than marriage, acquired or retains the citizenship of a country other than Ghana.” So Article 94(2)(a), if it were targeted at dual citizens would have read “a citizen of Ghana who acquires or retains the citizenship of a country other than Ghana shall not be qualified to be a Member of Parliament.”

But the framers did not use this language! And for the obvious reason, that the statement was not targeted at dual citizens, who were largely aliens under the pre-amended Article 8(1) regime.7 It is important to distinguish allegiance from citizenship. As a general rule, allegiance is owed to Kings and not to Republics. Allegiance is a relic of the common law, where subjects in England, had to trade their allegiance to the King in exchange for land. If one did a comparative study of the oaths that new citizens take in various countries, one would find significant variance in the content of the oaths. For instance, in USA, a new citizen makes oath that “I will support and defend the Constitution and Laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same.” Is this the same thing as owing allegiance to the USA?

Canada does it differently. Here a new citizen makes oath as follows “I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.” Again, here the allegiance is to the Queen, as allegiances, under the common law has always been, in return for land from the monarch.”

The point is that it is not only incorrect to assume that Article 94(2)(a) addresses dual citizens, it is also undeniably wrong to assume that becoming a citizen of every country requires the same oath of allegiance. Thus, whether one owes allegiance to another country becomes a matter of fact, not a matter of assumption, as is being currently done in Ghana, especially by the political parties and in the Adamu case, where a perjury charge is being used to obfuscate the agenda against violating equal citizenship.

Who was Article 94(2)(a) targeted at? While answering this question is not necessary to demonstrate that it was not targeted at dual citizens, I believe it is important for me to provide an answer for those who might ask the question. I believe that Article 94(2)(a) was targeted at those single citizens who conspired with other countries to engage in activities deemed inimical to the interests of the Republic. Official concerns and unofficial rumors about agents of foreign governments are pervasive in our political landscape to have attracted the attention of the constitutional framers. A memorable instance of this problem is the swap between USA and Ghana, in the matter of Soussodis et al.

Some will no doubt disagree with my distinction between allegiance and citizenship. But even those who disagree with the distinction would probably concede that Article 94(2)(a) is hopelessly ambiguous. It is a widely understood and accepted principle of interpretation that ambiguous laws are not to be construed to deny people rights, here a right that is fundamental to citizenship.

No court has interpreted Article 94(2)(a). However, some political parties have opportunistically applied the provision to disqualify dual citizens or to intimidate them into renouncing their citizenship, a practice that subsequently robs the renouncer the ability to travel freely to the other country where she might continue to have interests, including family. In the Adamu Sakande case, the courts have entertained a writ from a civilian that essentially takes for granted that Article 94(2)(a) is directed to dual citizens.

The Republic has built on this private frivolous writ to bring a perjury charge against the Member of Parliament.8 How are other emerging democracies handling the dual citizenship question? The most recent decision on the matter is the decision of the European Court of Human Rights (ECHR) in the case of Tanase and Chirtoaca v. Moldova. In that case, the applicants, both Moldovan nationals had challenged a 2008 amendment to the Moldovan Constitution, which barred Moldovans who held dual nationality from contesting for Parliamentary positions. The Grand Chamber of the Court held that the 2008 amendments were unlawful and disproportionate to any concern of loyalty the country may have. The Court held that- ‘…in a democracy, loyalty to a State did not necessarily mean loyalty to the actual government of that State or to a particular political party. There were other methods available to the Moldovan Government to ensure loyalty of MPs to the nation, such as requiring them to take an oath. Such measures had been adopted by other European countries.’ The archaic language of Article 94(2)(a), imported into the Constitution in 1992 when dual citizenship was not even recognized, does not affect dual citizens per se and the persecution of Adamu Sakande must stop. In the same breadth, I urge those dual citizens interested in running for office not to renounce their citizenship but to fight the war against equal citizenship.

Some citizens’ votes count more than others According to Article 47 (1) “The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota.” Here is another command form the Constitution that reinforces the doctrine of equal citizenship. By using the population quota to demarcate constituency boundaries, each person’s vote is weighed equally, consistent with equal citizenship. Yet, since 1992, the Electoral Commissioner has created boundaries that severely violate Article 47(1), justifying the violation by citing the variance provision of Article 47. The variance provision of Article 47, allows the Electoral Commissioner to create constituencies whose numbers “may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population and area and boundaries of the regions and other administrative or traditional areas.” The variance provision is necessary because of various logistical realities and the difficulties of perfect division. However, it does not permit the Electoral Commissioner to create constituencies that are 10 times as smaller (or larger) as others. A close study of the post- 1992 electoral shows a clear tendency for the largest constituencies to be NPP strongholds and the smallest constituencies to be NDC strongholds. It is neither necessary nor useful to speculate on the reasons for this electoral map. What is clear is that it has resulted in gerrymandering, and has assaulted the doctrine of equal citizenship.

The Electoral Commissioner should simply set an interval that all constituencies should fall within. As an example, assuming, the population is 20 million and there are 200 constituencies. That leads to a population quota of 100,000. The formula for creating constituencies can be specified as the population quota ± 5%. This way, constituencies can range from 95,000 to 105,000, depending on the variance factors. I am happy that 9 this matter is now before the Supreme Court in Bortier and Quaye v Electoral Commissioner. It is my fervent hope that the Supreme Court’s decision will affirm the doctrine of equal citizenship.

ALL LAW BE LAW

The Supreme Court is to be commended on its recent decision on prisoners’ right to vote (Ahumah Ocansey et al. v The Electoral Commissioner et al.). The Court is right in upholding the doctrine of equal citizenship. Under Article 42, the right to vote is given in unqualified terms and is not forfeited by committing a crime. What is not so amusing is the rapid move by the Electoral Commissioner and the Mills Government to enforce the ruling compared to the snail pace in enforcing ROPAA. ROPAA must be enforced because ALL LAW BE LAW!

It is utterly inappropriate and incurably lawless for the Electoral Commissioner and the Government to use the lack of funds to selectively enforce voting rights and consciously undermine equal citizenship. Failing to act, citizens abroad must issue a writ of mandamus to compel the Electoral Commissioner to put in place mechanisms to allow them to vote in 2012. The Electoral Commissioner has an absolute duty to enforce ROPAA and has no discretion whatsoever.

Winning the War on Equal Citizenship

How do we win the war on equal citizenship? I see six steps. First, those who believe in the doctrine of equal citizenship must support and fund only candidates who commit to enforce the doctrine. Second, citizens abroad must engage with the Electoral Commissioner to seek ways to implement ROPAA for 2012. If Kenya and Ivory Coast can implement their “ROPAA,” why not Ghana? I think citizens abroad should come out with proposals for ROPAA to become self-financing, perhaps by paying a nominal registration fee of no more than $50 to a ROPAA fund. Third, more workshops are needed on equal citizenship. Fourth, we must establish a civil liberties union to fight in the courts. Finally, those who are affected by the war on equal citizenship must organize.

They are too divided and that makes it easy for laws to be made and applied in ways that are detrimental to their interests.

Thaddeus Sory

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Undoubtedly one of the best lawyers in Ghana currently; it is a delight to watch Thaddeus Sory a Barrister-at-law with “Dery & Co”, shoot out of his seat in court to make known the premise of an argument in defence of a client. “My Lord”, he says, seizing to himself the attention of the adjudicator(s). With the gift of a good debater and experience in the law arena, he addresses the court in his unrivalled eloquence, building a strong foundation which reduces that of the opponent to a bog.

Mr Thaddeus Sory a senior partner at Dery & Co has been practicing with the law firm for eleven years. As a young man he did not give much thought into becoming a lawyer. He nurtured desires of working in the Foreign Service and hopefully in a francophone African country as he academically excelled in French.

Becoming a lawyer was informed by the advice from his school teachers who he treated to dazzling performances during activities of the debaters club and help from family friends like Ambrose Dery and his auntie, Jaclyn Sory.

Mr Sory’s basic academic experiences started in Bawku – North of Ghana – where he continued to the Notre Dame Seminary Secondary School and the Nandom Secondary School before entering the law school of the University of Ghana. Becoming a lawyer has been somewhat fulfilling and fruitful for him. “I don’t know in which other respect I could make a better contribution than in the law”, he said.

During his time in the university, Mr Sory held the position of the legal advisor to Akuafo Hall and then became the Electoral Commissioner of the same hall. He subsequently became the Deputy Electoral Commissioner of the university’s Students Representative Council and that of the National Union of Ghana Students (NUGS). He supervised the elections which saw the current Communications Minister, Haruna Iddrisu become the president of NUGS.

Other notable persons he worked with while in school include the Deputy Local Government Minister, Elvis Afriyie-Ankrah; former Member of Parliament for Bawku Central and current Deputy Trade and Industry Minister Mahama Ayariga; Dr Atuguba of the UG law faculty and the Deputy Eastern Regional Minister, Baba Jamal.

Thaddy, as his friends casually call him, was called to the bar in October 1999 after a two year professional training at the Ghana Law School. “Frightening”, is how he describes his first appearance in court to work on a case alone.

He recalls vividly that unlike the norm where a junior lawyer follows his/her senior to court in other to learn gradually, he was assigned to a case on the very first working day which succeeded the day he completed the law school. “I completed school on Friday and was assigned to a land case at a district court in Osu on Monday. I had to do it all by myself; for me it was frightening,”

His fondest memory of the numerous cases he has worked on lies in Gorman Vs. the Republic a “locus classicus” on the right of a suspect to bail. Though he lost the case, it will for a long time remain his single most satisfying venture as it occasioned the first documentation of his case in the law reports.

“As a lawyer you want to see your name in the law reports as having done cases. In this case the Supreme Court discussed extensively the right of a person to bail. The law report as such made lots of references to arguments I had made and I felt an impact was made for the purposes of settling the legal issue on the law on bail,” he said with a delightful disposition.

On the contrast, Mr Thaddeus Sory’s grief gains its roots in the outcome of a case, Henry Kwaku Owusu V. the Republic which involved narcotic drugs. He strongly feels in his heart that the court erred in its verdict which led to the conviction of his client. The stigma associated with the drug trade may have affected the court’s decision, he said.

Despite his exploits and matchless contributions to Ghana’s legal system Mr Sory will not seize the chance to engage in self-rating, taking refuge in the local adage which literally means, the one making the road is unaware how crooked the road behind him is.

Thaddy believes the legal system must undergo frequent and periodic minor reforms as there are certain legal provisions which by their nature soon become inconsistent with time while others turn to differ significantly in theory and practice.

“When you conduct cases in accordance with the law, you are able to see its drawbacks as you appreciate it in practical operation. The manner in which you address the court should give the court the opportunity to make recommendations that so far as a particular law is concerned parliament should do something about it.”

One such law, he hopes will get serious attention is the law on granting bail to suspected offenders. He said that law should be made more liberal; allowing the courts to grant bail to persons based on the facts of the case presented before it and not as it stands now prohibiting the granting of bail to offences like murder, robbery and narcotics.

“The law guarantees innocence unless proven guilty. Putting a suspected robber or rapist away for weeks is as though we have already pre-judged a situation where the evidence will go against the suspect.”

“Given that such persons sometimes remain in custody for three to five years when they have not been proven guilty, during which period their business and family suffer is unfair. I believe the power of the judge to grant bail should be expanded”, Mr Sory advocated strongly.

He only has but infant contemplation of joining the bench. He holds that his immediate interest is in making further contributions as a lawyer. Holding on to his key values including honesty, commitment and hard work, Mr Sory who acknowledges that every case provides a learning opportunity draws auxiliary inspiration from other senior lawyers like Ambrose Dery and Yuoni Kulendi who themselves have set various benchmarks worthy of emulation.

Mr Thaddeus Sory is a Catholic by faith and is likely to be found among friends in a football match when he finds time out of his busy schedule to have fun.


Ghananewslink.com

Good Governance In Nigeria: The Tuwo And Soup Metaphor

By Prince Charles Dickson

“How nice you are to a bowl of Tuwo depends on how hungry you are”

One fundamental thing one notices that we lack in governance and government is the word good. Many Nigerians talk about good governance as the only guarantee to peace, progress, stability, free and fair elections, infact it is viewed as the only passport to delivering the dividends of democracy.

For the health, power, the manufacturing sectors, education and largely the nation to work, we need good governance, in order to maximise our potential, improve the general welfare of the Nigerian people and even development in geo-political terms, there must be good governance.

The late Okadigbo puts this perspective, “asked to define ‘good’ most Nigerians will waffle and babble. Most of our leaders that pride themselves as operating under the parameters of good governance cannot explain how”.

What we have in the last twelve years of our democracy achieved is a battery of contradictory description or proposition as to what good governance is. As a matter of fact the term good is difficult to define in the essential context of the Nigerian condition.

In the Nigerian context, our situational ethics sets the tone to the effect that we have a relative dysfunctionality, what is good in one place may be bad in the other, there must be a given situation, time and space.

Under this little intellectual exercise we can say that the talk of good governance in and for Nigeria, past, present and future is idle, not lending itself to any objective and precise analysis and this is why our leaders take us for a ride, they promise bridges where there are no rivers and take bald men to the saloon for a barb.

So until good governance is viewed as the process of decision-making and the process by which decisions are implemented (or in our case not implemented). We are still far off simply because the way and manner public persons tend to public institutions, conduct public affairs, manage public resources, are corrupt, and without due regard for the good of the people.

We lack good governance because years of political activity under the guise of democracy, we are yet to find the balance; we still operate a political economy of state robbery, rather than popular democracy.

Good governance within the confines of a popular democracy should be anchored on two things, one, a constitution suited to the special needs and circumstances of Nigeria as multi-dimensional ethno-religious and political economic structure: and two, a leadership suited not only to the exigent needs of Nigeria, but the exactitudes of the people.

We should stop glossing and know that by and large good governance require no ordinary type of leadership; tolerance; breadth of outlook, intellectual comprehension; hardwork; selfless devotion; statesmanship; a burning sense of mission are some of the virtues that are necessary to make a success of leading this nation.

Unfortunately past administrations have lacked these virtues or at best have possessed one at the expense of the other and as such led them to groping in the dark on how to deliver good governance. The increasing fear is that today, with no tuwo and soup on the table, the current government is guilty of same crime.

We have refused to cultivate leadership that has shown a knack to develop a mental magnitude, as clear as our problems are, there seems a lack of ability in appreciating and grasping the salient details as well as most of the temporal and practical implications, of a given situation or problem.

In my honest thinking the problems of good governance remain because the fundamental objectives and directive principles of our statutes are non-justiciable thereby the issues of good governance remain platitudinous rather than obligatory on our leaders.

There are also the problems of political in-direction and correctness, thus an economic morass in the polity, our lack of anything good is premeditated on our inability to have an ideological notion of destiny. We have no coherent body of thoughts; heroes are on the decline, nobody to look up to, good governance exists only in a vacuum.

Good governance requires full protection of human rights, and particularly those of minorities.

It also means an independent judiciary and an impartial and incorruptible police force. Decisions taken and their enforcement are done in a manner that follows rules and regulations.

Institutions and processes try to serve all stakeholders within a reasonable timeframe. Need of mediation of the different interests in communities to reach a broad consensus in society on what is in the best interest of the whole nation and how this can be achieved.

It also requires a long-term perspective for sustainable human development and how to achieve the goals of such development. Ensuring that all members of the society feel that they have a stake in it, all groups, and especially the most vulnerable must have opportunities to maintain or improve their well being.

Government institutions as well as the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. The only minus and indeed the major constraint is that all that I have enumerated as a recipe for good governance is what we lack.

The current crop of leadership is yet to show that it is up to the task, the reason why nobody believes its fuel subsidy crooked dance, when it cannot provide security for its citizenry, it spends millions in convincing foreigners of their safety.

When its own people cannot put tuwo and soup on the food table, its leaders are feeding fat on the nation’s collective wealth, dying abroad, being replaced by the children and  we are bothered by Fitch ratings… like the hungry man that ate in his dream at night hoping he would wake up filled. We are not bothered about where our lack of good governance takes us to, as hunger increases we still lay romance with the bowl of tuwo and soup, time will tell.

Mother Teresa of Calcutta

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“By blood, I am Albanian. By citizenship, an Indian. By faith, I am a Catholic nun. As to my calling, I belong to the world. As to my heart, I belong entirely to the Heart of Jesus”.These are the words of Mother Teresa, a woman who was fascinated with stories of missionary life and service when she was a child.
Mother Teresa, a messenger of God with numerous achievements was born on August 26th, 1910 in Skopje, the capital of Macedonia to Nikola and Drane Bojaxhiu. She was baptized as Gonxha Agnes.
She received her First Communion at the age of five and was confirmed in November 1916. From the day of her First Holy Communion, she discovered her love for souls was within her.
Drane, her mother raised her children firmly and lovingly which greatly influenced her daughter’s character and vocation. Gonxha’s religious formation was further assisted by the vibrant Jesuit parish of the Sacred Heart in which she was much involved.
At the age of twelve, she felt strongly the call of God. She knew she had to be a missionary to spread the love of Christ. At the age of eighteen she left her parental home in Skopje and joined the Sisters of Loreto, an Irish community of nuns in September 1928. It was there that she was named Sister Mary Teresa after St. Therese of Lisieux.
In 1931, Sister Teresa took her initial vows as a nun in India. From 1931 to 1948 Mother Teresa taught at St. Mary’s High School in Calcutta, but the suffering and poverty she glimpsed outside the convent walls made such a deep impression on her that in 1948 she received permission from her superiors to leave the convent school and devote herself to working among the poorest of the poor in the slums of Calcutta.
Her lack of funds did not stop her from starting an open-air school for slum children. She depended solely on Divine Providence. Soon she was joined by voluntary helpers, and financial support was also forthcoming. This made it possible for her to extend the scope of her work.
On October 7, 1950, Mother Teresa received permission from the Vatican to start her own order, “The Missionaries of Charity”, whose primary task was to love and care for those persons nobody was prepared to look after. In 1965 the Society became an International Religious Family by a decree of Pope Paul VI.
In 1963 both the Contemplative branch of the Sisters and the Active branch of the Brothers was founded. In 1979 the Contemplative branch of the Brothers was added, and in 1984 the Priest branch was established. Today the order comprises Active and Contemplative branches of Sisters and Brothers in many countries.
The Society of Missionaries has spread all over the world, including Russia and Eastern European countries. They provide effective help to the poorest of the poor in a number of countries in Asia, Africa, and Latin America, and they undertake relief work in the wake of natural catastrophes such as floods, epidemics, and famine, and for refugees. The order also has houses in North America, Europe and Australia, where they take care of the shut-ins, alcoholics, homeless, and AIDS patients.
The Missionaries of Charity throughout the world are aided and assisted by Co-Workers who became an official International Association on March 29, 1969. By the 1990s there were over one million Co-Workers in more than 40 countries. Along with the Co-Workers, the lay Missionaries of Charity try to follow Mother Teresa’s spirit and charisma in their families.
Mother Teresa’s work has been recognised and acclaimed throughout the world and she has received a number of awards and distinctions, including the Pope John XXIII Peace Prize (1971) and the Nehru Prize for her promotion of international peace and understanding (1972). She also received the Balzan Prize (1979) and the Templeton and Magsaysay awards.
In March 1997 she blessed her newly-elected successor as Superior General of the Missionaries of Charity and then made one more trip abroad. After meeting Pope John Paul II for the last time, she returned to Calcutta and spent her final weeks receiving visitors and instructing her Sisters.
On 5 September 1997, Mother Teresa died. She was given a state funeral by the Government of India and her body was buried in the Mother House of the Missionaries of Charity. Her tomb quickly became a place of pilgrimage and prayer for people of all faiths, rich and poor alike. Mother Teresa left a testament of unshakable faith, invincible hope and extraordinary charity.
On 20 December 2002 Pope John Paul II approved the decrees of Mother Teresa’s heroic virtues and miracles.

Ghananewslink.com

NATO commander admits journalists in Libya were NATO informants

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In a 31 October 2011 interview on Radio Canada, Lieutenant-General Charles Bouchard, who ledOperation Unified Protector in Libya, revealed that an analysis unit was set up at NATO headquarters in Naples.

Its mission was to study and decipher what was happening on the ground, that is to say both the movements of the Libyan Army and those of the rebels.

To fortify the unit, several information networks were created. “The intelligence came from many sources, including the media who were on the ground and provided us with a lot of information regarding the intentions and the location of the ground forces.”

This is the first time a NATO official admits that foreign journalists in Libya were assets of the Atlantic Alliance.

Shortly before the fall of Tripoli, French journalist Thierry Meyssan caused a stir by affirming that most Western journalists staying at the Hotel Rixos were NATO agents. In particular, he pointed the finger at the teams working for AP, BBC, CNN and Fox News.

From: Source

Healthier trees mean cleaner air and healthier lives: why our cities need trees

Trees provide oxygen, clean the air around us, absorbs carbon dioxide and reduces the need for air-conditioning. Cities occupy less than 3% of the global terrestrial surface, but account for 78% of carbon emissions, 60% of residential water use, and 76% of wood used for industrial purposes. By 1900, just 10% of the global population was living in urban areas which now exceeds 50% and is expected to further rise to 67% in the next 50 years (Grimm et al. 2008).

In developing countries, about 44 per cent of the population currently lives in urban areas, but in the next 20 to 30 years, developing countries in Asia and Africa are likely to cross that historic threshold, joining Latin America in having a majority of urban residents (UN-Habitat 2009, Montgomery 2008). Undoubtedly, urbanization will continue to have substantial impact on the ecology, economy and society at local, regional, and global scales. As this review will demonstrate, benefits of urban green spaces are wide-ranging including physical and psychological health, social cohesion, climate change mitigation, pollution abatement, biodiversity conservation and provision of ecosystem goods and service to urban inhabitants. The term “urban trees” includes trees growing both within the built environment as well as road-side avenues and public places in urban areas such as parks.

Currently, developed countries have tended to adopt a general standard of green space of 20 m² park area per capita (Sukopp et al. 1995; Wang 2009). International minimum standard suggested by World Health Organization (WHO) and adopted by the publications of United Nations Food and Agriculture Organization (FAO) is a minimum availability of 9 m2 green open space per city dweller (Kuchelmeister, 1998).

The information available globally suggests that the cities in developed countries, in general, have more trees compared to cities in developing countries, which often fall below the minimum standard set by WHO of 9 m2 green open space per city dweller. From an ecological perspective, some studies have suggested that a realistic target of 10% of tree cover throughout urban areas is necessary to create an ecologically sustainable city (Hashimoto et al. 2005).

Functions of urban trees
Trees in urban areas provide a variety of ecosystem services including biodiversity conservation, removal of atmospheric pollutants, purification of air, oxygen generation, noise reduction, mitigation of urban heat island effects, microclimate regulation, stabilization of soil, ground water recharge, prevention of soil erosion, increase of property values and carbon sequestration (Bolund and Hunhammar 1999). More simply and easily noticeable, trees provide shade especially in warm cities of the tropics. Urban trees in the USA store 700 million tonnes of carbon ($14,300 million value) with a gross carbon sequestration rate of 22.8 million tC/yr ($460 million/year). Pollution removal (O3, PM10, NO2, SO2, CO) varied among cities with total annual air pollution removal by US urban trees estimated at 711,000 metric tons ($3.8 billion value) (Nowak et al. 2006). Likewise, the City of Tshwane Metropolitan Municipality in South Africa has 115,200 indigenous street trees planted during the period 2002–2008. It has been estimated that the tree planting will result in 200,492 tonnes CO2 equivalent reduction and that 54,630 tonnes of carbon will be sequestrated.

The state of urban trees in Ghana
Despite all the recorded benefits of trees in urban areas, trees have been less valued in urban areas of most developing countries of which Ghana is no exception. I am unable to provide figures about trees in Ghanaian cities but what is clear is that the existing ones are not properly protected and managed. While street trees in developed countries are jealously protected, the few urban trees in Ghanaian cities are left to their fate with all the pressure that humans and animals put on them. Nails are commonly driven into trees so as to hold various posters of advertisement. These nails are a source of injury to trees and negatively affect the ability of trees to provide all the benefits named above. Both humans and animals do not only rest under trees but also urinate there. What is probably unknown is that urine is acidic in nature and hence affects tree roots. Also, people park cars under shade of trees and this causes compaction of the soil just around the tree trunk. Such compaction means that less air and water is able to penetrate down to tree roots and this tends to shorten lifespan of trees. Similarly, during construction works, no attention is given to tree roots and most trees die in the process. It is good practice to allow some space around a tree trunk during construction of pavements in cities.

How to improve?
First of all, I think more awareness has to be created among people about the importance of trees and urban green spaces. In this regard, the media should at least spend some time on such topics in order to change public perception and knowledge. Secondly, city authorities have to do more towards protection of trees and ensuring that urban trees are healthy. Currently, some urban trees pose a health hazard since they can fall at any time and crush something or someone. Thirdly, specific trees must be planted in cities. Not every kind of tree species is appropriate for cities. The function we would like a tree to provide may dictate its size, shape (form), life span, canopy density, colour, growth rate, fruit characteristics and other attributes. Particular attention therefore has to be put on which type of tree is planted under which condition. My next article will provide the qualities that a tree needs to be successful in an urban setting and provide some examples of tree species that would be better to plant.

In conclusion, a city without trees is like food without salt and we have no choice either than to seriously consider increasing and protecting trees in our cities. If temperate countries where temperatures are generally low still take tree planting in cities seriously, how much more the countries of the tropics which need trees to help regulate the usually high temperatures and especially to provide shade.
Let us all protect our city trees for healthy lives!

Reginald Guuroh ([email protected])
Germany