The Judge presiding over the case in which two public officials connected to the Ghana@50 celebrations are being held for alleged malfeasance on Wednesday declined jurisdiction.
They are Dr Charles Wireko-Brobby, aka Tarzan, Chief Executive Officer of Ghana@50 Secretariat, and Kwadwo Okyere Mpiani, Chairman of the National Planning Committee for the celebrations, who are being held for willfully
causing financial loss to the State.
Mr Justice Charles Quist, presiding over an Accra Fast Track High Court, made the disclosure when the case was called.
He contended that his spouse, a lawyer, served on the Board of Directors of the Volta River Authority (VRA) when Dr Wireko-Brobby was the Chief Executive Officer there, and that he the judge could, therefore, not preside over the matter.
Quoting sections of the Code of Conduct for Judges and Magistrates, Mr Justice Quist said: "a judge shall disqualify himself or herself in a
proceeding in which the judge's impartiality might reasonably be questioned".
It said "a judge could also decline jurisdiction where he or she knows, or reasonably should know, that the judge's spouse or child wherever residing, or any other members of the judge's family has an economic interest in a party to proceedings which could substantially affect the outcome of the matter".
Mr Justice Quist therefore referred the matter to the Chief Justice to transfer the matter to another court.
Meanwhile, the case which was originally handled by Ms Gertrude Aikins, Director of Public Prosecution (DPP), has been taken over by Mr Anthony Gyambiby, Chief State Attorney.
When the case was called, Mr Gyambiby informed the court that he had been served with two applications filed by the accused persons.
In Dr Wireko-Brobby's application, Mr Gyambiby said he was asking that the case and charges be struck out by the court because the charges levelled against him were unlawful and premature.
With regard to Mpiani, Mr Gymabiby said he was asking the court to strike out charges against him because they were unlawful and a violation of his human rights.
In that instance, Mr Gyambiby sought an adjournment to enable him to study the applications and respond to them.
Earlier, the DPP told the court that Ghana's 50th independence anniversary celebration fell on March 6, 2007. Prior to the celebration, a sub-committee of Cabinet, the National Planning Committee (NPC), was set up by President John Agyekum Kufuor, to oversee the organisation and implementation of the celebrations.
She said Mpiani, then Chief of Staff and Minister for Presidential Affairs, was appointed Chairman of the Committee.
Subsequently, Ms Aikins said, Ghana@50 Secretariat was established in May 2006 and Wireko-Brobby assumed the position of Chief Executive Officer of the Secretariat.
She said the year-long celebration started in January 2007 and ended in December 2007.
Meanwhile, the DPP said Ghana was scheduled to host the African Union Summit the same year; therefore the Secretariat was given the responsibility of implementing the NPC's decision on both the celebration and the summit.
The DPP said many projects and activities were planned for the celebration and Parliament approved about 31.80 million dollars equivalent to GH�29.31 million for the celebration.
This, she said, was made up of GH�18.29 million approved by Parliament on July 2006 and the second tranche, a loan of 11.8 million dollars equivalent to GH�11.02 million, contracted from Fidelity Bank and approved by Parliament.
"Aside these sums approved by Parliament for the celebration, huge sums of money appeared to have been spent on the celebration," she said.
More than a year after the celebration, the DPP said some of the projects remained uncompleted and government was saddled with huge debts.
"It was against this background that a Commission of Inquiry was set up by President John Evans Atta Mills to enquire into activities of the Ghana@50 Secretariat and the entire celebration.
The DPP said the Commission found out that even though Parliament approved GH�29.31 million for the celebration, GH�99,776,388.44 had been spent on the celebration, out of which GH�75,569,563.34 cedis was directly spent by the
Secretariat and NPC.
"The Secretariat and NPC therefore spent an amount of GH�46,999,563 in excess of the amount of money approved by Parliament for the celebration," she said.
The DPP said the Commission also found out that contrary to Articles 176 and 178 of the 1992 Constitution, the Secretariat and NPC utilised all the Internally Generated Fund (IGF) totalling GH�19,352,498 without Parliamentary approval.
These IGFs, the DPP said, were meant to be used in repaying the loan contracted from Fidelity Bank.
According to the DPP, the Secretariat and NPC also procured a bridge finance facility of GH�10,438,037 and an overdraft facility of GH�10 million from the Prudential Bank Limited without Parliamentary approval, thereby
contravening Article 181 of the 1992 Constitution.
She said both facilities had attracted an interest of GH�3,082,955 which was increasing government's expenditure and causing financial loss to the State.