Tempers flare over $3m Pier Hotel litigation

…The Hotel Jerry Pulled Down

Almost eight years after Alhaji Yusif Ibrahim’s PIER HOTEL was razed to the ground by the Rawlings’ government, he is still pursuing restitution in a legal tussle with the Accra Metropolitan Assembly (AMA). However, the action has generated a side brawl, as counsel for AMA, veteran lawyer Mr. Francis Kojo-Smith, has crossed swords with Hon. Joe Ghartey, the Attorney-General and Minister for Justice.

The crossfire is coming in the wake of recommendations made by the counsel for the AMA, Mr. Francis Kojo-Smith to the Minister of Defence, requesting an amicable settlement to avoid further litigation, which was agreed by both plaintiffs and the defendants.

Government’s Chief Legal Adviser, Hon. Joe Ghartey, has condemned the recommendation of the AMA lawyer and threatened to report his conduct to the General Legal Council, after scorning the senior lawyer’s advice, generating a heated rebuttal from Mr. Smith, elder brother of Mr. Victor Smith, aide to Jerry Rawlings.

The Minister of Justice and Attorney-General, using Article 88 of 1992 constitution, underscored his role as the Chief Legal Advisor to the government and the person who defends civil suits on behalf of the government, emphasising, “I have not instructed you orally or in writing to act on behalf of the Ministry of Defence.

“Having regards to the steps that you have taken in this matter, I have no option but to advise the AMA to take steps to be represented by other legal Counsel. And also, kindly desist from putting yourself out as representing the Ministry of Defence, otherwise you will leave me with no option than to report your conduct to the General Legal Council.” This was contained in a letter dated March 14, this year and signed by the Minister.

In his letter under the caption, “Alhaji Yusif Ibrahim and Others Vrs AMA Suit No. FTC IV/2001”, the Attorney-General wrote: “We want to draw your attention to the fact that the Ministry of Defence is not a party to the action and therefore your communication with them is improper.

“We have advised the Ministry of Defence to treat the communication with the contempt that it deserves,” contending that it was difficult for him to understand how he (Smith) could purport to settle a matter on behalf of a client whom he does not represent.

In a counter letter to the Minister dated March 15, the Legal Counsel for AMA said, he was quite nonplussed by the contents of the Justice Minister’s letter, stating that “as a professional lawyer and holding the high office of State as Attorney-General, one would have expected that before jumping into conclusion and being judgmental, you should have required some information, which formed the basis of the decision for the recommendations in the form of further and better particulars.”

According to the legal luminary, “As a legal practitioner of many years standing in both Ghana and outside Ghana, I have always been guided by a sense of honesty, fairness, discipline and courage. That was the way I was brought up by my parents who are decent and disciplined educationists.”

He continued that, “it is nauseating to have had the temerity to suggest that I had in any way put myself out as representing the Ministry of Defence when I perfectly know that the Ministry of Defence has a Legal Directorate and could also be represented by the Attorney-General”.

Mr. Smith argued that he does not represent the plaintiff but was quick to say, “but it is the pussy-footing attitude in doing justice in our society, which has informed my action,” adding, “the lack of political will and sincerity to right the wrongs in our society does not augur well for our country.”

The AMA legal counsel, equally not amused by the position taken by the Minister of Justice said, “I will hasten to submit that Ghana is no longer the regime where anyone in the position like yours can easily behave like a tin god with dictatorial tendencies.

“I will equally treat your threat to report my conduct to the General Legal Council with the contempt it deserves.” The letters from both legal brains were copied to Mr. D. K. Osei, Secretary to the President. It would be recalled that a fully furnished $3 million hotel in the Airport area that was close to opening was razed down under controversial circumstances and at the time was said to have been done by the AMA, then with Mr. Addoquaye Addo as the Metropolitan Chief Executive (MCE). The demolition was carried out with the involvement of fully armed soldiers, who, it was speculated, had been directed by the then president Rawlings under the illusion that it belonged to his implacable foe, Dr. Sam Jonah.

The reason cited to justify the demolition at the time was that the property was sited along a water-way, a position that was challenged by many at the time, pointing to other properties in the same area. Alhaji Yusif Ibrahim, the owner of Pier Hotel as well as J. L. Morrison, subsequently dragged the AMA and the former MCE to court, seeking redress.