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Ghana lawyers must advertise for justice

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Photo ReportingGhana lawyers must advertise for justice

The world has emerged and hence everything keeps on emerging and diversifying. This vehicle of emergence has made many professionals to take advantage of the current trends. Business and commerce have taken a new phase and there is constant research to meet the demands of each day. This calls for an eye opening moment for Ghanaian lawyers to take their profession to the next level.

I was in the United States of America for vacation. I spent two months and did make a lot of observation, learning and having fun. But one of the things that I took particular notice of was how attorneys [lawyers] were advertising their professional ability to claim rightful compensation to victims of divers cases. This has created a legal information literacy to people as to where to exactly go in case of victimization and moreover, people have the means to negotiate in case of financial difficulty.

In Ghana, we have numerous illegal issues. Bribery and corruption, domestic and public violence, disasters, child abuse, accidents, etc. In most cases, victims of these unfortunate incidence suffer without any fair compensation. I remember my senior brother was involved in a car accident and all that he got from the car owner was a crate of eggs. What about the insurance company? Or the driver never had insurance coverage/policy on the car? Situations like this must not be forfeited without taking legal measures. Abiding by the law is the sanity of every society. Hence any society with lawlessness is broken. This is why I call upon the legal battalions to take up the media.

At this point we can ask ourselves some pertinent questions. How many people, who get boat wrecks on the Volta lake get insurance compensation? Absolutely none! Because nobody checks whether the boat owner has insurance or not. Again, both Kumasi Central and Accra Akantamanto market have been recorded of frequent fire outbreak disasters which destroy heavy amount of goods. How many of the store owners have been insured against fire disasters? Are they to keep on taking risk of never again fire outbreak or continue to manage the risk of loss? We can also recall the Melcom disaster whereby the collapse of the mall took more than twelve lives. How many of the victims were compensated? And were they giving a just compensation?

It is in the wake of these instances and uncountable injustices and disorders in Ghana that lawyers across the country must come out to advertise themselves to invite individuals who deserve just compensation to be heard in law courts. In most cases, some of the victims are just ignorant about their entitlement. For example, a pregnant woman who have been abandoned by his husband or a mother who lives with an irresponsible man might not be aware of The Women and Juvenile Unit (WAJU)* to address her grievances. Most women who go through these social injustices are just ignorant about where they must go to seek justice and the few who knew just don't know how to go about it. It is time for Ghana lawyers to take up the media. They must use every current trend of means in promoting their firms to promote justice, equity and order.

In writing this article, I'm also aware of the numerous challenges that come as a result of this proposition. The corporation of the Ghana police, management of outnumbered clients, amount of lawyers etc. All these are possible challenges that can cripple the effectiveness of lawyers' public advertisement. Nevertheless, the positive consequences on the society outweighs the challenges.

I'm strongly convinced that if lawyers or law firms take up the media to call victims of diverse crimes to seek justice for them, it will minimize disorder and injustice in Ghana. But this great work cannot be achieved by lawyers alone. Social activists and NGOs must all join in this agenda to intervene for the poor and oppressed in the country. If we can see our legitimacy to promote justice and order in the country, then we're on into the glorious state of Ghana. The law must protect the poor and weak whilst it condemns and punishes the unjust.

*WAJU has played a very important role since its inception and has called a very great attention to family care. Many women and children who were abused have been vindicated by this unit.

Source: Clifford Owusu-Gyamfi

.............

University of Lausanne, Switzerland

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There is a lot wrong with Ghana’s Missions abroad

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There is a lot wrong with Ghana’s Missions abroad

By Dr. Michael J.K. Bokor

{sidebar id=11 align=right}My good friends, we have over the years had good cause to complain about the shoddy manner in which our Ghanaian missions abroad deal with Ghanaians living outside the country, especially when it comes to the request for official (travel) documents (passports, especially). And there are many other areas where they are lacking—human/public/working relations, business-mindedness, courtesy, etc.

Just call the Ghana Mission in New York or Washington and hear the irritating response that grates on your ears!! Then, put in a request to hear the annoying answer that is given you!! The staff behave as if working at those Missions places them above all other Ghanaians in every aspect of life. They have no sense of courtesy to display and stand condemned. It’s so in all the Missions. Let someone say otherwise and provide evidence to support it.

In my personal observation of the situation, I am more than persuaded that those working in those missions are not fit to be there because they hardly know how to do things to solve problems that Ghanaians bring to their attention.

One particular area that has painted a very nasty picture of them is passport renewal or acquisition. Many friends and others have complained bitterly about the trauma that they are put through by the Ghanaian missions abroad when they apply for passports or want expired ones renewed for them. My own passport has expired and I am yet to begin the process. I hope nobody in the mission in the United States plays the mess.

It is not so for a friend in South Africa who has been in touch with me to lament. Here is his latest complaint that I have decided to post verbatim for discussion:

“Hello brother

Longtime, well I hope u will remember. I once wrote u an email concerning passport application in South Africa Ghana high commission. Yes I explained to u the longer it takes before someone can get his or her passport. My brother since 8th February 2013 I have not received my passport.

“The fact is that the passport was issue in May 2013 but they made a stupid mistake imagine. Instead of male they wrote female. Immediately I received the passport I saw the mistake they made and I gave it back. I asked them the way forward and they told me that they have my information and even my passport photo so they will re print for me.

“I waited for a month and they call me and told me to submit another photos because they cannot find my photos. I submitted another set of photos and waited for another 3 months. I did a followed up and I was told that I must submit another photos again because they can't find the second set.

"I could not further my education through the year, I can't do anything. My wife had a baby and I can't register the baby because I don't have a passport. I can't go to hospital with my medical aid there is no proof of identification. Am not working because of my passport.

“Today i submitted again my photos and I don't know what to expect next. Brother, I know you will understand me because u are also in foreign land. Please this must go to the media and am also planning sue them. Please brother advise me and help me hit the media. Thank you.”

Anybody who reads this outpouring of grief and is not moved must be made of stone. I suppose that’s how the staff of Ghanaian missions want us to construct them—heartless people who are not fit to be where they are either through political connections or by an accident of Fate (mostly because one’s sister is a girlfriend to somebody in authority!). If they think otherwise, let them prove me wrong by doing the right thing.

Sadly, though, they are quick to attend to foreigners while shunning their own compatriots. Again, they are quick to collude with outsiders to own Ghanaian passports for shady deals while frustrating their own compatriots who need Ghanaian passports as a birthright and bona fide citizens. Have we not heard stories about Ghanaian passports being sold to foreigners in Italy and other countries?

My friend in South Africa is not alone. There are many others in other countries suffering a probably worse Fate. And as a friend put it, “you are lucky to have someone pick your call. Over here in the UK, it is madness.

There have been some improvements since arrival of Professor Danso Boafo, though. Everything is now automated and quick. What is left is the human skills to know how to deal with people in a professional manner.”

Why should it take so long to process a common application for a passport (whether for a new one or the renewal of an expired one)? How come that the staff of the Ghanaian Missions are so damn unscrupulous on this score?

We are talking about Missions created to facilitate the movements and sojourn of Ghanaians living abroad, not because they don’t like their country but because they have no other option but to go where Fate beckons them. Is it a crime to relocate in another country?

There are challenges that these Missions don’t help solve. We know that apart from the primary objective of protecting the interests of the country in the various countries, they are there to secure the lives and property of Ghanaians so that they can contribute their quota toward national development in various ways.

Talk about remittances and how much Ghanaians-living-abroad contribute to the economy and you should be peeved that they are not being fairly treated by the very people whose lifestyles are supported by the national coffers to which those Ghanaians-living-abroad contribute in diverse ways. Talk about other ventures involving these Ghanaians-living-abroad and you should be proud of them and support efforts to streamline affairs so they are not dehumanized by their own Missions.

We are even not talking about how these Missions have failed to promote Ghana’s interests for trade purposes or other transactions in which Ghana has a comparative advantage. What are these Missions doing to “sell” Ghana to those countries?

Take the United States, for instance, and the African Growth and Opportunities Act (AGOA) that former president Clinton instrumentally forged to help African countries market their non-traditional products to the US. Has our Mission in the US done anything beyond the sterile rhetoric that is churned out on ceremonial occasions and grandiose designs on paper released to annoy us?

Other Missions elsewhere have nothing concrete to produce to reassure Ghanaians that they are fit to depend on. When Ghanaians abroad need help, they don’t go to those Missions because they know they won’t be helped in any way.

Tell me, someone. Do our Missions even have any record of the population of Ghanaians residing in their various areas of jurisdiction? They don’t, which is why they aren’t connected to the them. And which is why any talk of Ghanaians abroad being empowered to vote at general elections smacks of a grand design for ballot theft than anything soothing!

Our Missions aren’t functioning properly because they lack the impetus that others (especially those of the developed world) have. We know how citizens of other countries rush to their Missions all over the world for all kinds of assistance because of reliable service and the sense of purposefulness that guides transactions at and by the Missions. Not so for Ghana’s Missions abroad, where the staf have constituted themselves into robotic tin-gods to lord it over anybody in dire need of help to solve problems in the strange land, where they live.

In a situation where career diplomats have been overshadowed by political appointees to head the Missions and to employ all manner of party lackeys as staff of the Missions, what should we expect, anyway?

The conclusion can be drawn that what we see happening in our Missions is a true reflection of the mediocrity that dominates national affairs. The poor quality of service rendered by staff of Ghana’s Missions is a microcosm of the national malaise. Let no one be deceived about it.

I shall return…

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Full Statement: Stripping Nana Addo "NAKED"

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Nana Akufo-Addo & Justice KpegahFull Statement: Stripping Nana Addo "NAKED

...What Justice Kpegah Actually Said

Today the 23rd Day of April, a Judicial sacrilege was occasioned when the presiding Judge at the Fast Track High Court granted audience to Lawyer Godfred Yeboah Dame to move an ill conceived application to strike out the case in the matter involving my humble self Justice Francis Yaonasu Kpegah as plaintiff and NANA ADDO DANKWA AKUFO -ADDO as Defendant, SUIT NO. AP 94/2013.

{sidebar id=12 align=right}The presiding Judge should not have granted audience to Lawyer Godfred Yeboah Dame since he did not enter appearance to the writ of summons for and on behalf of the Defendant NANA ADDO DANKWA AKUFO-ADDO and is therefore not known to the Honourable Court and the parties to the instant suit. The only way he could have been granted audience by the Honourable Court is if he had filed a NOTICE OF CHANGE OF SOLICITORS.

My Search at the Registry of the Fast Track High Court indicates that there was no Notice of change of solicitors filed at the Registry of the Fast Track High Court. This was also confirmed by the Registrar of the Fast Track High Court, Mr Gyimah.

I was unable to attend Court today in person due to ill health. However, I was duly represented by Mr. Djantuh , a practising Barrister and Solicitor of the Supreme Court of Ghana. Let me put on record that my not being in Court personally today should not offer any PREMATURE SANCTUARY OF COMFORT TO THE DEFENDANT NANA ADDO DANKWA AKUFO -ADDO. I am still going to let the whole world know that NANA ADDO DANKWA AKUFO ADDO is impersonating WAD akufo-Addo who is number 1190 on the ROLL OF LAWYERS IN GHANA.

I have filed my MOTION ON NOTICE FOR SUMMARY JUDGMENT AND A 76 PARAGRAPH SUPPORTING AFFIDAVIT AND THE COURT WILL BE MOVED BY ME ON THE 9TH OF MAY 2013. MY CLAIM IS THAT I HAVE AN IRON CAST AND UNIMPEACHABLE CLAIM AGAINST THE DEFENDAT , NANA ADDO DANKWA AKUFO- ADDO WHO HAS NO DEFENCE IN LAW AND IN FACT TO THE CASE AGAINST HIM THAT HIS NAME IS NOT ON THE ROLL OF LAWYERS IN GHANA AND THAT HE IS IMPERSONATING ONE WAD akufo- Addo who is number 1190 on the Roll of Lawyers in Ghana.

The Application to strike out Action as Frivolous, Vexatious, Abuse of the Process and Disclosing no reasonable Cause of Action under order 11 rule 18(a),(b), (c), (d) and the inherent Jurisdiction of the Court brought by the Defendant is misplaced and erroneous in law for the simple reason that order 11 rule 18 of ci 47 deals with 'striking out pleadings' and not 'striking out action'. ORDER 11 RULE 18 (1) PROVIDES THAT ' THE COURT MAY AT ANY STAGE OF THE PROCEEDINGS ORDER ANY PLEADING OR ANYTHING IN ANY PLEADING STRUCK OUT ON THE GROUNDS THAT:

(a) it discloses no reasonable cause of action or defence; or

(b) it is scandalous , frivolous or vexatious; or

(c) it may prejudice, embarrass, or delay the fair trial of the action; or

(d) it is otherwise an abuse of the process of the Court, and may order the action to be stayed or dismissed or Judgment to be entered accordingly.

Clearly the application by the defendant to strike out the action is unknown to the rules of Court the circumstances. The defendant through his solicitors Davies and Davies entered a NORMAL APPEARANCE TO THE WRIT AND THEREFORE CAN NOT MOVE TO SET ASIDE THE WRIT. Having realised their monumental procedural error of not entering a CONDITIONAL APPEARANCE WHICH WOULD HAVE CLOTHED THEM WITH AN UNFETTERED RIGHT TO MOVE TO SET ASIDE THE WRIT THEY HAVE ATTEMPTED TO REINVENT THE RULES OF COURT BY ATTEMPTING TO STRIKE OUT THE ACTION WHICH IS IMPROPER AND RATHER THE REAL ABUES OF THE COURT PROCESS.

If Nana Addo Dankwa Akufo- Addo has nothing to hide why is he conniving with agents and cronies to strike out the action as frivolous, vexatious and an abuse of the court process? He should defend himself if he still has any bit of integrity left in him. How can a man who wants to be president of this dear Country of ours have so many question marks all over him? He should pray to God for the strength he apparently lacks to confront his personal demons squarely.

I am verily informed and verily believe same to be true by my representative whom I gave a power of attorney to represent me in court today that the court has adjourned the hearing of the application of the defendant to strike out the action for the 2nd of May 2013.

My advice to the Presiding Judge is that he cannot grant audience to Lawyer Godfred Yeboah Dame since he did not enter appearance to the writ of Summons and did not also file A Notice for a Change of Solicitors. The Presiding Judge should not compromise the Rules of Court and the hard won image of the Judiciary to further the parochial interest of NANA ADDO DANKWA AKUFO- ADDO.

I Will make sure I use the law and due process to strip NANA ADDO DANKWA AKUFO- ADDO NAKED. HE SHOULD EXPLAIN HOW HIS SOLICITORS, DAVIES AND DAVIES FORGED THE ANNEXED EXHIBIT (NADA 1) TO HIS ORIGINAL APPLICATION TO STRIKE OUT THE ACTION AGAINST HIM. IS THAT WHY HE HAS CLANDESTINELY CHANGED HIS FRAUDULENT SOLICITORS WITH GODFRED YEBOAH DAME WITHOUT FILING A NOTICE OF CHANGE OF SOLICITORS.

MY REPRESENTATIVE MR DJANTUH WAS TODAY MANHANDLED AND SHOUTED DOWN IN COURT BY SOME SENIOR LAWYERS WHO ARE APPARENTLY SYMPATHETIC TO NANA ADDO DANKWA AKUFO-ADDO. HE WAS VIOLENTLY PUSHED AND SHOVED BY THESE DISGRACEFUL ELEMENTS. I AM DISGUSTED THAT THIS IS HOW LOW SOME PERSONS IN THE LEGAL FRATERNITY HAVE SUNK. THEY HAVE EFFECTIVELY ABANDONED ALL THE ETHICS REQUIRED OF MEMBERS OF THIS HITHERTO HONOURABLE PROFESSION. BY THEIR CONDUCT, IT IS CLEAR THAT SOME GANGSTERS HAVE FOUND THEIR WAY INTO THE LEGAL COMMUNITY AND MUST BE SMOKED OUT.

I WILL GO ON WITH MY CASE AGAINST HIM NO MATTER WHAT TRICKS THEY EMPLOY. I AM UNDETERRED AND WILL PROCEED WITH MY CASE AGAINST THE DEFENDANT, NANA ADDO DANKWA AKUFO- ADDO WHO IS NOT ON THE ROLL OF LAWYERS IN GHANA AND IS THEREFORE NOT COMPETENT TO PRACTISE LAW IN GHANA.

Source: Peacefmonline.com/Ghana

Martin Amidu Fears 'Miscarriage Of Justice' In Waterville, Isofoton Rulings

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Martin Amidu Fears 'Miscarriage Of Justice' In Waterville, Isofoton Rulings

{sidebar id=10 align=right}Former Attorney General, Martin A. B. K. Amidu says there may have been “miscarriage of justice” in the Supreme Court’s judgments on two separate judgment debt cases which were both ruled in his favour a few weeks ago.

Below is the full statement from Martin Amidu on the review applications filed at the Supreme Court

REVIEW APPLICATIONS IN THE WOYOME, AND ISOFOTON CASES IN THE SUPREME COURT: BY MARTIN A. B. K. AMIDU

The Supreme Court on 14th June 2013 gave judgment in the public interest action commenced against the Attorney General, Waterville Holding (BVI) Ltd, and Alfred Agbesi Woyome on judgment debts alleged to have been unconstitutionally paid by the Government of Ghana. The 2nd defendant, Waterville, was ordered and directed “to refund to the Republic of Ghana all sums of money paid to it in connection with the two inoperative Agreements dated 26th April 2006 and the work done on the stadia.” The Court stated further that: “Orders against the 3rd defendant, if any, were to await determinations made in the High Court. Any other reliefs endorsed on the plaintiff’s writ which are not specified above as having been granted are hereby denied, on jurisdictional grounds, without prejudice to any reliefs that the High Court may grant in future.”

The Supreme Court on 21st June 2013 also gave judgment in the public interest action commenced against the Attorney General, Isofoton S. A., and Anane-Agyei Forson on another judgment debt alleged to have been paid unconstitutionally by the Government of Ghana. The Court, amongst other things, declared the two Agreements null, void and without effect whatsoever, and quashed all proceedings that had taken place in the High Court in relation to them. The 2nd defendant, Isofoton S. A. was ordered “to pay or refund to the Government of Ghana the cedi equivalent of US$325,472.00 received from the Government of Ghana and any subsequent payments thereafter made so far, pursuant to the contracts declared void by this Court.” In relation to the 3rd defendant, Anane-Agyei Forson, the Court concluded that: “There is no cause of action against him on the plaintiff’s pleading.” Nothing was said about the reliefs sought against the 1st defendant, the Attorney General.

The 1992 Constitution imposes both rights and obligations, particularly under Articles 2 and 3, on every Ghanaian citizen to ensure that the constitutional order established by the Constitution is not threatened or by an unlawful means abrogated. When incremental breaches of the 1992 Constitution are left to go unchallenged by citizens under Article 2 the constitutional order is endangered with eventual abrogation by any of the activities in Article 3 thereof. The people of Ghana had trusted me in positions throughout my public service career that made it imperative that I initiated action to defend the public’s constitutional interest in the above two cases. I have no doubt whatsoever that the principles involved in this case touch every Ghanaian who wishes the constitutional and democratic order brought into being by the 1992 Constitution everlasting life. I see the suits as a collective endeavour of We the People to preserve through the instrumentality of the Constitution a say in how the consolidated fund is disbursed by those we have all elected for fixed periods to govern us. It is for the foregoing reasons that I have held back since the judgments in the two cases from granting personal interviews or making any personal comments on the cases except to correct blatant falsehoods.

I have read the two judgments delivered by the Supreme Court very carefully, with other Ghanaians of like thinking, and come to the conclusion that some aspects of the two judgments contain exceptional circumstances that have resulted in, what we perceive may constitute, miscarriage of justice. Accordingly, on 12th July 2013, and 19th July 2013 I filed applications for review in the Supreme Court praying for a review of those aspects of the two judgments respectively. 26th July 2013 was fixed for the hearing of the application in the 14th June 2013 judgment, and 15th October 2013 for the 21st June 2013 judgment. I am, however, informed that both applications may come for hearing on 15th October 2013 even though I am yet to receive a formal hearing notice of the change of date in respect of the 26th July 2013 date.

I do not like arguing cases that are in Court in the public domain as the Courts are the proper places to present one’s case. That explains my silence on the earlier application of the review which was filed on 12th July 2013. I have, however, read on Modern Ghana News of Friday, 19th July 2013 a story attributed to the Daily Graphic which states in relation to the adjournment of the Woyome case in the Commercial Division of the High Court in Accra that: “Yesterday’s sitting was held in camera and both parties to the suit were tight lipped over proceedings after the sitting”. In view of the fact that I filed an application for review which affects that case on 12th July 2013 in the public interest, I feel that I owe the people of Ghana a duty to make public the fact of the pendency of the two review applications.

Review applications offer a very narrow window for applicants who sincerely believe there are some exceptional circumstances resulting in miscarriage of justice to approach the Court to consider the application. It is not an opportunity for an appeal or for one to re-argue his case. In view of the fact that I was the only plaintiff in the case, I have after deep consideration and consultation decided that I put those exceptional circumstances resulting in a miscarriage of justice in the two cases before the Supreme Court for consideration.

The Supreme Court should be allowed to decide whether or not my perceptions of those exceptional circumstances resulting in a miscarriage of justice fall within the criteria for granting such applications or not.

21/07/13 Source: Martin A. B. K. Amidu

Presidential Pardon...Ato Kwamena Dadzie Writes

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Presidential Pardon...Ato Kwamena Dadzie Writes

{sidebar id=12 align=right}Dear Mr. President, congratulations on your victory over Nana Akuffo-Addo in the elections of December 7. Not only am I surprised that you won but I am also quite anxious about the future of my two little toes, which I wagered that you would lose.

As I write, I don’t know whether I was wise in wagering my toes or I was foolish in placing a wager in the first place. All I can say is that you surprised me. Your victory defied conventional wisdom on many levels.

First, as I said in my wager statement (see attached) you didn’t have a message. Even if you did, it wasn’t well articulated to the electorate. Secondly, you had just five months or so to campaign. Third, the man who was president before you didn’t do a good job with the job at hand – being president. Matters also seemed worse because Jerry Rawlings had stayed away from all your campaign platforms. And finally, Mr. President, this was your first time trying for the highest office in the land. How on earth was someone making a wager expected to place his bets on you? You seemed bound to lose, even though, I felt it would be by a small margin.

But somehow, you flipped the script and pulled off an amazing victory that would effectively end the political career of one of our country’s most illustrious Fourth Republican politicians.

I don’t know how you did but you won an incredible victory and now I have eggs all over my face. My two tiny toes are also at grave risk.

Some say there was rigging, but they have to prove that in court. Others say, it’s a clear indication that people do not believe in your opponent’s offer of free education. I really thought it was a very populist promise. I have also heard people say that, perhaps, Nana Addo was so obsessed with free education that he failed to bring up the issues that would have weakened your bid. Incumbency advantage might also have played a major part in your victory. All of these are issues for the political scientists to investigate and come up with a body of knowledge that should help strengthen democracy in Ghana.

All I can say for now is that you have proved to be the most formidable politician in the Fourth Republic. You caused a major upset with almost all the odds stack against you. For that, you deserve all the credit there is. Enjoy your victory but, please, don’t gloat. If I know you half as well as I think I do (which, really isn’t much) I believe you won’t gloat and you’d find a way to reach out to Nana Addo. I know he’s yet to concede and he might even challenge the results of the poll in court. Don’t worry about that. A man cannot concede to his opponents unless he’s able to first concede to himself. Give him time to heal. Help him heal in whatever way you can.

While at it, Mr. President, I am respectfully asking that you grant my endangered toes presidential pardon. Even those who didn’t take me up on that wager are clamouring for my toes and I fear someone might grab me on the streets somewhere and chop them off. That’s not the worse that could have happened, I know. It could have been my neck. So, at least, I am grateful that my head has a neck to hold it in place. I just feel that since I chose not to stick my neck out, you should realize that I didn’t completely write you off. In other words, I had few doubts in Nana Addo losing than in you winning. For this reason, I respectfully believe that a presidential pardon for my toes will not be out of place.

Once again, congratulations.

I hope my request, as they say, “will meet your kind consideration”.

Sincerely,…

atokd

Source: Ato Kwamena Dadzie/atokd.com