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General News of Sunday, 5 August 2007

Source: kwaku a. danso

GLU Makes deal with KUmasi Lawyers

GLU MAKES DEAL WITH LAWYER IN KUMASI for REPRESENTATION TO TAKE THE GOVERNMENT ON

Dear Friends,

A few months ago I wrote that we need to use the rule of law to seek social justice in Ghana (Ghanaweb featured article 2007, May 5). On behalf of GLU I have just negotiated a deal of legal representation in Ghana with Lawyer J.K. Manu of Manu & Associates, Addison Chambers, Kumasi. GLU is a registered NGO in the USA and in Ghana. The deal involves the law firm providing legal representation, after paying an agreed-upon retainer fee, and then only pay the cost of filing fees for all cases brought to the attention of the lawyer by Ghana Leadership Union (GLU) and members who join the law suit. This involves any class action law suits we may choose to take against any organization, entity or the government or any of its departments, or any personal injury, family, real estate, wills or other matters or issues that a paid member may have that may require legal representation. Those who may think they will never have a need for a lawyer may think again. We usually think in a fama-Nyame culture that God will provide justice, but even if we do not anticipate any legal action in our lives, many may need to modernize their thinking in use of legal services to do a will, write a contract in business or for the sale of a property as closing agent. Amtek Realty & Finance, Inc., of Fremont, California and East Legon, Accra, Ghana, is involved in real estate and mortgage financing and plans to use the Lawyer and others in other parts of the country as closing Agents to help reduce the many case of multiple land sales in Ghana. The first action that I discussed, apart from the possible legal case against the government to stop the sale of Ghana Telecom that we have already informed the government through the media, that the Lawyer and I found a match in interest (as compared to a lawyer we tried in 2005 who could not say anything pro or con on the matter), was the unjustified high valuation of vehicles and property at the ports of Ghana by the Ghana CEPS (Customs and Excise Preventive Services(?)). As some many know, the CEPS over-charges importers based on their (CEPS) own formula for valuation.

A salvage vehicle, purchased at an auction for say $3,000 to $5,000 in the US or UK can be valuated as $30,000 by the Ghana CEPS, and taxes and duties levied on that value, which may then make the importer liable for $10,000 or more in duties and taxes and a total of 5 separate charges. In most human societies people are assumed innocent until proven guilty, but in Ghana the CEPS assumes everybody to be forging original receipts and hence no original purchase receipts are accepted. This we feel is unjust! I had talked to many different lawyers between 2004 to 2005, and in all there was no clear communication, or they simply did not feel courageous enough to tackle the government. Some suggested other techniques, or simple let me in suspense. It is said that if you try and you fail, you try and try again! Okay. Now we have a lawyer ready to act and we will act on behalf of the people! If we have only 20 or 10 or 100 people in this legal action, that will be fine. If we get more, that will be fine. But we will do it! All those who want to participate in order to receive a refund of the over-payment will have to forward their documentation to the Lawyer right after joining. I suggest $200 each person and if we don’t get enough people, we ask for more – if we have more than needed, we will refund proportionately. Two people had paid in 2005 and they will be exempt. All paid members will be on a spreadsheet disclosed to all. Those who want some money back for the overcharging should join us, and then send their customs paperwork or receipts and other documentation plus original purchase price of their vehicles directly to Lawyer J. K. Manu, or they may lose any rights for future action. We all want the good things for our country, but social justice and fairness in taxes should be part of democracy. Our nation’s policy of excessive duties and taxation on only a segment of the population is counterproductive to business development. There is enough research evidence, conducted over a long period in South America, by Professor Ishmael Cole and others, to demonstrate that a country that levies excessive taxes on citizens beyond a certain threshold level starts losing in economic development. Some of us are prepared to stop the governments of Ghana from this excessive taxation and rather spread a fair tax to cover all people who use services such as water, electricity and the roads and airports, and for security. It is GLU’s opinion that if we manage our revenue well and close the loopholes, Ghana can move forward. We therefore advice against government dependency on excessive taxation that only seems to benefit a few, as well as the inadequate support for businesses. As such if it takes years to stand up for this social injustice, we will accomplish our goals. Hope you all understand – nothing personal but for the common good. Long live Ghana! Folks, we ask all who want to join to contact "mailto:K.Danso@comcast.net" K.Danso@comcast.net . Sincerely, Kwaku A. Danso, PhD

President , Ghana Leadership Union, Inc.(NGO) To Join GLU Forum:  HYPERLINK "http://groups.google.com/group/glu-ghana-leadership-forum?hl=en" http://groups.google.com/group/glu-ghana-leadership-forum?hl=en Fremont, California, USA Reference: Cole, I. M., 1992. Fiscal Dependence on trade taxes and economic development: additional results and a reconciliation of the empirical evidence. Applied Economics, 1992,