There are many people who have argued that the underdevelopment of Ghana since independence is not due to lack of human resources but lack of honest men. Those who hold this view often emphasis the point that people after the nation had used its tax money to hone the skills of its men, they end up applying the very knowledge so acquired dishonestly to the detriment of the ordinary people. Many of such characters often take advantage of the ignorance of the masses in duping them of public resources for their personal or group gain. One platform on which they ride to fame is politics and belonging to a political party in Ghana today is the easiest way to be become popular. You need to pronounce popular in a sarcastic manner. The popularity is often gained from lies and deceits. The more one is able to lie vociferously, so it seems, the more popular one's public rating goes up.
One case to illustrate this bizarre but true existence in our dear nation is the practice of the president of the Republic of Ghana. This is a man Ghanaians are told studied tax laws for his doctorate dissertation. He is also said to have taught courses related to tax laws and revenue for a quarter of a century. To cap it all, he once served as the head of the Internal Revenue Service in the country. In fact he accused his predecessors of overburdening the people of Ghana with so many taxes for which he promised in his 2008 electioneering manifesto never to introduce any new taxes or increase any existing taxes. He even went further to pledge to sell a 7.5 litres for super petrol at GHC2. irrespective of how much crude oil is sold on the world market. The tax expert made Ghanaian voters to believe that they were paying more than their fair share of the burden because of many tax components embedded in the price build up. He promised to remove them and thereby bring down fuel price DRASTICALLY.
Then came his time in 2009, and what did he do? He did not just made fools of Ghanaian voters by doubling the price of fuel, it was also alleged that he was stealing from Ghanaian consumer by extra GHC1.00 per 7.5 litres (Gallon) of fuel. When people questioned the calculation, they dismissed such questions as foolish and ignorant. What is amazing about this extra GHC1.00 charged is that the President decided to put it into a private account that does not belong to the state. He opened a private account with Ecobank and since June 9, 20009 has never accounted for this day light robbery. It was no surprise therefore that his founder said he made amassed over US$90 million for his party primaries re-nomination bid early 2011. He laughed of the issue when questioned without answering but witnesses and observers of his campaign attested to the profligate spending.
Due to his intransigence to admit his thievery and account for his booty, a Ghanaian who believed in social justice, integrity, accountability and rule of law, Kwaku Kwarteng took the matter to court. Even at this stage, thief did not find it right to backtrack and retrace its steps and do what is needful and morally defensible. Finally, after two years, Justice Patrick Bayerh has legally ruled that President Mills has stolen GHC661 million from Ghanaians. The court has asked him to refund the stolen monies and return it into the consolidated fund. Ghanaians are wondering why the court did not call for further investigation into the matter and punish these common criminals. Others even doubt if these thieves will obey the court. The Supreme court ruled that people in this party should not use state resources to celebrate their coup commemoration but we all know that they never respect that ruling just as they refused to return either Dr. Wereko-Brobbery's Radio Eye gadgets or reinstate the policemen they illegally dismissed.
Below is the ruling accompanied by the reliefs Mr. Kwarteng sought.
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| Kwaku Kwarteng |
RULING:
An Accra High Court has ruled that the National Petroleum Authority (NPA) and the Tema Oil Refinery (TOR) should scrap the ex-refinery differential tax which was imposed on Ghanaians without parliamentary approval.
The court also directed that the accrued surplus since June 2009, which the plaintiffs estimated to be in the region of GHc 661 million, should be deposited into the Consolidated Fund on behalf of Ghanaians.
The New Patriotic Party’s (NPP) parliamentary candidate for Obuasi, Kweku Kwarteng, took the matter to court two years ago challenging the propriety of the tax. An application by the former NPP Communications Director, Kwaku Kwarteng and his Development Data (DD) policy research and advocacy organization, sought to outlaw the tax component imposed on June 5, 2009 by the an Atta Mills appointed NPA led Betty Mould Iddrissu's brother, Mr. Alex Mould.
He claimed that the ex-refinery differential component of the ex-refinery price imposed by NPA and TOR on June 5, 2009 was illegal and that the ex-pump prices announced by the first defendant on June 5, 2009, on the basis of the ex-refinery prices referred to, were not in accordance with the prescribed petroleum pricing formula and therefore unlawful.
On November 28, 2011, Justice Patrick Bayerh presiding over an Accra High Court ruled in favour of Mr Kwarteng. After the ruling, Kwtengar told the media that he expects fuel prices to be reduced and that the court’s order was for “an immediate abolition of the illegal imposition.” “The court granted all the reliefs we sought and that includes the fact that immediately that imposition is abolished. If it is abolished it means that from tomorrow it cannot be part of the fuel prices.”
The court also directed that the accrued surplus since June 2009, which the plaintiffs estimated to be in the region of GHc 661 million, should be deposited into the Consolidated Fund on behalf of Ghanaians.
The New Patriotic Party’s (NPP) parliamentary candidate for Obuasi, Kweku Kwarteng, took the matter to court two years ago challenging the propriety of the tax. An application by the former NPP Communications Director, Kwaku Kwarteng and his Development Data (DD) policy research and advocacy organization, sought to outlaw the tax component imposed on June 5, 2009 by the an Atta Mills appointed NPA led Betty Mould Iddrissu's brother, Mr. Alex Mould.
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| Alex Mould and Kwabena Duffour who schemed to milk poor Ghanaians dry |
He claimed that the ex-refinery differential component of the ex-refinery price imposed by NPA and TOR on June 5, 2009 was illegal and that the ex-pump prices announced by the first defendant on June 5, 2009, on the basis of the ex-refinery prices referred to, were not in accordance with the prescribed petroleum pricing formula and therefore unlawful.
On November 28, 2011, Justice Patrick Bayerh presiding over an Accra High Court ruled in favour of Mr Kwarteng. After the ruling, Kwtengar told the media that he expects fuel prices to be reduced and that the court’s order was for “an immediate abolition of the illegal imposition.” “The court granted all the reliefs we sought and that includes the fact that immediately that imposition is abolished. If it is abolished it means that from tomorrow it cannot be part of the fuel prices.”
Furthermore, Atta Mills' appointment officials at the NPA and TOR were also ordered to publicly declare the amount of money accrued from the imposition of the illegal “ex-refinery differential” and to pay same into the Consolidated Fund within four months.
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| So even with all the shortages, Ghanaian consumers were being short-chained? |
RELIEFS:
a) A Declaration that the “ex-refinery differential” component of the “exrefinery price” imposed by the 1st Defendant on 5th June 2009 was illegal.
b) A Declaration that the ex-pump prices announced by the 1st Defendant on 5th June 2009 on the basis of the “ex-refinery prices” referred to in (a) above, were not in accordance with the prescribed petroleum pricing formula and therefore unlawful.
c) An Order for the 2nd Defendant to cease the collection of the illegal “exrefinery differential” for 1st Defendant.
d) An Order directed at the 1st and 2nd Defendants to publicly declare the amount of money accrued from the imposition of the illegal “ex-refinery differential” and to pay same into the Consolidated Fund.
e) An Order for the 1st Defendant to publish periodically in the Gazette import parity prices of refined petroleum products.
Please I have lost count of how many cases the law professor's team has miserably lost so far. Can somebody help me? Will someone kindly whisper into Agya Atta's ears: Sɛ ɛyɛ di asɛmpa kakra, Yohane!!!
