Response to Statement On The Receiver Managers Of GHAMRO

The objective of this press release is to respond to issues recently making rounds on the work, processes and integrity of the Receiver Managers from some persons with veiled identities.

To invigorate their position, these persons have taken to social media particular via the previous GHAMRO account sites with manufactured extracts containing factual inaccuracies. This is without recourse to the position of Receiver Managers mandate, appointment and work. We would like to group the issues raised under the following categories:

–           Tenure

–           Elections

–           Audit

–           Distribution

–           Takeover

–           Social Media

 

  1. The Receiver Managers Tenure – Extension

The Receiver Managers was appointed by his Lordship, Justice Essel on the 11th July, 2014 with a mandate to manage GHAMRO affairs for six months during which period they are to manage, receive and appoint substantive directors. The powers and work of Receiver Manager are clearly spelt out under Section 236 – 245 of the Companies Code so we advise that all those interested be abreast with the provisions. The mandate elapsed on 11th January, 2015, but before the election could take place, some right owners brought a court injunction halting the planned election on the 6th December, 2014. His Lordship subsequently extended the Receiver Managers to ensure they complete the purpose of their appointment. It is therefore instructive for all to understand that the Receiver Managers term has been duly extended and the required legal process filed accordingly, we therefore ask the general public to disregard the news making rounds that the Receiver Managers are operating under expired term.

  1. Election

In accordance with article 25 of GHAMRO constitution, the Receiver Managers planned the first ever elections slated for 6th December, 2014 since the establishment of COSGA and GHAMRO, a period of over 23 years. The Managers put into effect a process under which Emergency General meeting were held in Kumasi and Accra on the 21st and 23rd October, 2014, and another forum at Tamale to facilitate the process. Unfortunately a group led by George Dickson, Rex Boateng and others brought had the process halted by an interlocutory injection granted for 10 days which the Receiver Manager respected and called off the elections. With the injunction having elapsed, we have advertised the new timetable in the Daily Graphic and Times on the 17th January, 2015. GHAMRO has received 18 nominations for each of the positions which will be published in the print media and social networks platform for the benefit of our members. We hereby publish below the timetable for the election for the avoidance of doubt.

ITEM SUBJECT DESCRIPTION MONTH TIMELINE
1 Nominations Picking of nomination forms January 2015 22nd
2 Submission of applicants forms January 2015 27th
3 Publication Publication of Applicants list January 2015 30th
4 Election February 2015 11th
5 Meeting of RM & new Board February 2015 18th
6 Elected Board Inauguration of new board February 2015 27th

 

  1. Audit

The draft audited accounts of GHAMRO was completed in December 2014 which formed part of the Receiver Managers reports to members at the meeting held at the CIBT Hall, Accra on 6th December, 2014. To ensure due process, the Receiver Managers requested the Auditors to keep out the figures on financial irregularities as attempts were being made to trace the previous Management who had eluded contact over the period. Several efforts were made to serve the Previous Managers including text Messages, telephone call and courier services to no avail. The Receiver Managers met with a section of the press and put out the audit from 2012 – 2014, which period was after the time required for the Previous Managers to respond had long elapsed. The following summarized details covering the period 2012 – 2014 is being put out for public purposes.

–           General Outlook

  • The reports indicate that for the period covered by the audit, GHAMRO did not have the requisite structures to the extent that Petty cash were left uncontrolled and cheques were written without vouchers.
  • There was no fixed assets Register showing GHAMRO Assets.
  • The Directors paid themselves GH¢ 50 – GHC 100.00 per each working day without approval.
  • A total of GHC 39,000 payments were made without receipts.
  • Payments categorized as protocol amounting to GHC 35,600
  • Cash shortages of GHC 19,619.52
  • Payment of GHC 51.650 to Motionpix for registration card without contract and no work.
  • Payment of GHC 55,000 for a Toyota V8 without documentation and trace of vehicle.
  • Cheques payments amounting to GHC 54,600 in 2014 without supporting documents.
  • Cash cheques totaling GHC 70,450 without receipts and supporting documents.

The Receiver Managers have been consistent by the use of due process to pursue these matters and therefore have directed their efforts on how to ensure the above matters are followed to its logical conclusion. We hope the persons who have to answer to these queries will surface immediately to help provide the requested answers for the information put out.

  1. Distribution

Records upon coming into office show that GHAMRO received a total of GHC 3,681,615.45 for the 2012- 2014 period. The Receiver Managers did not receive any records on the distributed amount, number of right owners who participated in the process, payments made, outstanding and balances could not be ascertained. We are informed by the ADB that GHAMRO has a balance of GHC 519,000 standing in its account which happens to be the only account kept by the GHAMRO.  Our attempt to access this account was halted by the bank refusal on the grounds that an action has been commenced by previous Managers in court and therefore they had placed a no debit on the account. The interesting scenario is that the same bank paid a company, Motionpix, an amount of GHC 33,825 by the withdrawal of three separate cheques in one single day, the 15th July, 2014 which cheques were signed under the previous administration.

This situation created difficulties for the distribution planned for the last part of 2014 because GHAMRO has since 2012 of its establishment relied solely on the distribution of blank levy revenue. It is a known fact that not enough was done to collect revenue from Radio, TV, Bars, Restaurant, Hotel, Banks, Mobile Telephony Companies etc which should be the main basis for use of musical works. Since coming into office, the Receiver Managers have been able to reestablish the licensing system with the respective Association and introduced rates which used to be the practice some years back. We are currently following up payments from blank levy, mobile networks, radio, TV etc and wish to ask Right Owners to exercise patience as distribution details will be made available soon.

  1. PROPOSED TAKEOVER

A group of musician led by Ekow Micah assisted by Gyedu Blay-Ambolley, Sloopy Mike Gyamfi, Akosua Agyapong and others numbered about twenty stormed GHAMRO offices with sticks on Friday 23rd January, 2015 purporting to take over its operations. These persons carried with them offensive materials including sticks, hammer and nails. In the ensuring agitation they locked up the offices and drove out the staff. The entire debacle took about 15 minutes during which period the Greater Accra Police arrived to take control and the perpetrators invited to the Police Station. The self-appointed leader Ekow Micah was briefly detained behind the counter.

The Police command reminded the perpetrators that once the matters were issues being dealt by the court, any attempt to take the law into their hands amounts to lawlessness. They were cautioned never to step into the offices with any such attempt after which they were ordered to hand over the keys to the Administrator and Staff. They apologized and were released by the Police after which the offices were reopened and work continued. As much as the law is on the side of the Receiver Managers, it is our belief that it is necessary that we take care not to further inflame passions as some of the members are acting in ignorance of the law.

  1. GHAMRO SOCIAL MEDIA ACCOUNT

It has come to our realization that GHAMRO social media has been taken over by some unscrupulous persons unknown to the Society. The account is currently the main social media tool being used to discredit, paint and misreport activities of the Receiver Managers. The question that should border the mind of right thinking members of the public and members on social media is how an institution can use its own social account to wrongly report issues of that same organization.

As much as we wish to act with caution, it is our belief that the perpetrators of these acts may be persons or staffs involved with the previous administration whose appointment may have been either terminated or affected by the Court order with access to the password of the GHAMRO social media account.

We call on all right thinking members and right owners to disregard their reports and forget about the old account which is no more being used by GHAMRO. Members are to take note of our new social media account:

–           Facebook: Ghamro_official

–           Twitter: @Ghamro_official

–           Email: Ghanamusicright@gmail.com

The matters and substance presented in this press release are there for your judgment. We therefore ask you to drop by our office which is adjacent to the Teachers Hall to find out more.

 Thank for your attention.

Abraham Adjatey

(Administrator)

GHAMRO BOARD NOMINEES FOR ELECTIONS_opt

 

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