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General News of Sunday, 25 August 2002

Source: Kwabena Menyah

Chief Justice lied under Oath?

...He forged his age...
A petition has been sent by one Francis Dzanku Asaase Kofi to the President which if sustained will give Justice E.K. Wiredu, the Chief Justice of the Republic a constitutional exit and probably deprive him of his retirement benefits.

The other time, it was one Philip Apaloo who dared the Chief Justice to prove his innocence of corruption and other allied malfeasance but was thrown out of court.

The petition which was copied to His Lordship Justice Edward Kwame Wiredu, the Minority Leader Mr. Alban Bagbin, the Majority Leader Paapa Owusu Ankomah, who is also the chairman of the Appointments Committee of Parliament, the Attorney-General and Minister of Justice Nana Akufo-Addo and the Speaker of Parliament Mr. Peter Ala Adjetey.

The contents of the petition clearly states that when Justice Owiredu appeared before the Appointments Committee of Parliament he presented his basic biographic data/Curriculum Vitae which showed that he was born on 17th October 1934 in Kumasi and was thus aged 64 plus.

The Petitioner Francis Dzanku Asaase Kofi attached a photocopy of the Register of Admission of Justice Wiredu which showed that he was born in 1932 and not the 1934 which he told Parliament.

He quoted article 2(1), 128 (4); and 146 (6) of the Constitution of the Republic to prove that the Head of the Judiciary clearly whose signature carries all Writs of Summons before the courts is not fit to be the Chief Justice of Ghana within the meaning of article 128 (4) of the Constitution of Ghana.

We wish to lead our readers into the whole petition and its attachments as sent to the six people mentioned earlier on.

Francis Dzanku Asase Kofi
P.O. Box 514,
Mamprobi – Accra.

HIS EXCELLENCY JOHN AGYEKUM KUFUOR PRESIDENT OF THE REPUBLIC OF GHANA
THE CASTLE] OSU,
ACCRA
August 2, 2002

Your Excellency:

PETITION FOR THE REMOVAL FROM OFFICE OF HIS LORDSHIP JUSTICE EDWARD KWAME WIREDU AS CHIEF JUSTICE OF THE REPUBLIC.

The Humble Petition of Your Petitioner showeth:

1. Your humble Petitioner is Francis Dzanku Asase Kofi of House Number B 344/17 Dansoman, Accra and is a citizen of Ghana

2. Your Humble Petitioner brings this Petition under and by virtue of Articles 2 (1), 128 (4) and 146 (6) of the Constitution of the Republic.

3. Your Humble Petitioner says His Lordship Justice Edward Kwame Wiredu has committed acts tantamount to deceit of the Honourable Parliament of the Republic which said acts renders him a man of no high moral character and proven integrity within the meaning of Article 128 (4) of the Constitution of the Republic.

4. Your Humble Petitioner says that on the nomination of His Lordship Justice Edward Kwame Wiredu to the High Office of Chief Justice of the Republic; as is required by the Constitution, His Lordship presented a document which he entitled “Basic Biographic Data / Curriculum Vitae”. A copy of which is attached hereto as Exhibit “A” Under his signature.

5. Your Humble Petitioner says in the said document His Lordship wrote that his date and place of birth was 17th October 1934, Kumasi (AGED 66)

6. The above statement was repeated on oath by his Lordship at his vetting by the Appointment Committee of Parliament.

7. Your Humble Petitioner says the statement above is false and at the time of writing and making it His Lordship knew it to be so but nevertheless made it with the sole purpose to deceive the Committee and Parliament and to give himself a longer term of service which he did not deserve and contrary to the provisions of Article 145 (2) of the Constitution.

8. Your Humble Petitioner says that a copy of a document which has come to his possession (a copy is attached hereto as Exhibit “B”) shows that His Lordship was enrolled in the Methodist Primary School, Krobo Odumasi in Kumasi on 19th January, 1939 at which time his age or date of birth was given as 1932.

9. Your Humble Petitioner in the result says that His Lordship could not have been born on the date sworn to by him before Parliament.

10. Further, your Humble Petitioner says that 17th October 1934 as stated by His Lordship following Ashanti customs and practice would have been called “Kwaku” not “Kwame”. Consequently, His Lordship would have been called “Kwaku Wiredu” not “ Kwame Wiredu” or Yaw Boateng as he is sometimes known.

11. Your Humble Petitioner says deceit of a public officer and giving false information to a public officer particularly to gain an advantage not due is not only a crime but renders the maker a man of no integrity within the meaning and intendment of Article 128(4) of the Constitution of the Republic.

12. Your Petitioner says, His Lordship Justice Edward Kwame Wiredu has committed perjury contrary to section 212 (1) of the Criminal Code (Act 29).

Particulars: That Edward Kwame Wiredu, Chief Justice of the Republic on various dates in the year 2001 in written and verbal statements verified on oath by him before the Appointments Committee gave his age and date of birth as 17th October, 1934 (aged 66) a statement which he knew to be false in a material particular and which he had no reason to believe to be true.

WHEREFORE your Petitioner prays that this petition be dealt with by your Excellency in accordance with Article 146 (6) of the Constitution of the Republic. Humbly submitted and ever prays,

………………………………….. Francis Dzanku Asase Kofi (Petitioner)

Cc: 1 The Speaker of Parliament State House Accra

2. The Attorney-General Ministry of Justice Accra

3. The Majority Leader and Chairman of the Appointments Committee Of Parliament Parliament House

4 The Majority Leader of the House Parliament House Accra

5 His Lordship, Justice Edward Kwame Wiredu Chief Justice Supreme Court, Accra.

BASIC BIOGRAPHIC QATA/CURRICULUM VITAE PRESENTED TO PARLIAMENT DURING HIS VETTING

1. NAME EDWARD KWAME WIREDU
2. SEX MALE
3. DATE ANDPLACE OF BIRTH 17th OCTOBER, 1934, KUMASI. (AGED 66+)
4. ACADEMIC PROFESSIONAL TRAINING INCLUDING INSTITUTIONS, DATES OF ATTENDANCE AND DEGREES

a. A product of Adisadel College from 1950 - 53, Holder of University Cambridge Certificate Overseas 2nd grade
b. Sixth Forrn Science student at Kumasi .College of Technology 1955 - 56; (read science there; but did not complete; reason: decided that not any longer attracted by any science profession)
c. .Holder of London University General Certificate of Education, Advance level in Economics, History and British Constitution. Proceeded to Britain as a student of the Inns of Court School of Law of the London. Graduated as Barrister at Law of the Honourable Society of Middle Temple
d. Called to the British Bar - November 1960
e. Enrolled as Barrister and Solicitor of the Supreme Court of Ghana, March 1961
f. Practised as a lawyer with Messrs Owusu and Randolphs a firm of Solicitors and Legal Practitioners from 1961 - 1964 and later as a Senior Partner of Messrs Wiredu and Asomandu Sekyi a firm of Legal Practitioners, Kurnasi
g. Elevated to the High Court Bench - 1st January, 1969. As a High Court Judge, I have served in Accra. Ho as a Vacation Judge, Cape Coast to Sekondi and Tamale
h. Appointed Member of the Board of Governors Wesley College Kumasi, 1968 - 71
i. Yaa Asantewa Secondary School 1967 - 69
j. Member of the Advisory Board of Achimota Primary School
k. Chairman of P. T .A. Aburi Girls Secondary School 1981- 83
l. Chairman of Committee to Restructure Judicial. Service Administration 1981
m. Member of the Disciplinary Committee of the General Legal Council 1977-79
n. External Examiner of the Ghana Law School 1979 -80 o. Chairman of Lands Tribunal 1979 – 81 “
p. Chairman of Governing body of Council for Law - Reporting 1979 - 85
q. Elevated Justice of Court of Appeal 1980
r. Appointed Deputy Chairman of Law Reform Commission - 2’1d February, 1988 - 90
s. Elevated Justice of the Supreme Court of Ghana, September, 1990
t. Chairman Non-Performing Assets Recovery Tribunal 1991 - 96
u. Member of the General Legal Council, 1996
v. Deputy Chairman, General Legal Council – 25 September I 1998
w. Ag. Chief Justice - 1st May, 2001 to date. The most Senior Supreme Court Judge. 5. CONFERENCES ATTENDED 1. 1970 I Attachment to the Ghana Mission In Geneva Switzerland. 2. 1979 United Nations Special Seminar On Human Rights, Morovia, Liberia. 4 1984, 3rd International Conference of Chief Justices and Appellate Judges in New Delhi, India. 5. 1985, USAID International Visitors Programe of United States of America international Agency. 6. MARITAL STATUS - Married with one wife. Five children with the one wife and four others. 7. EXPERIENCE Thirty-two and half years experience as a Justice of the . Superior Court of Judicature.

Signature