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GENERAL KOTOKA TRUST ACT, 1969 N.L.C.D. 339

ARRANGEMENT OF SECTIONS

 

Creation of the Trust

 

1. Creation of the Trust.

2. Patrons of the Trust.

3. Board of trustees.

4. Acceptance of office by trustees.

5. Appointment and removal of trustees.

6. Resignation by trustees.

The Trust Fund

 

7. Trust Fund.

8. Objects of the Trust.

9. Residue of the Trust Fund.

10. Investment of the Trust Fund.

Administration of the Fund

 

11. Payments to be made out of income with power to resort to capital.

12. Distribution of balance of income.

13. Trustees assisted in administration of Trust.

14. Ordinary meetings.

15. Special meetings.

16. Proceedings at meetings.

17. Quorum.

18. Power of majority.

19. Minutes.

20. Accounts to be kept and audited.

Miscellaneous

 

21. Trustee’s out-of-pocket expenses.

22. Tax relief.

23. Regulations.

24. Interpretation.

25. Commencement.


 

 

SCHEDULES

First Schedule

Second Schedule

 

N.L.C.D. 339

GENERAL KOTOKA TRUST ACT, 19691(1)

AN ACT to create a trust fund in honour of the late Lieutenant-General Emmanuel Kwasi Kotoka

and the gallant soldiers who gave their lives in the cause of liberty and to provide for related

matters.

 

WHEREAS the Government and people of Ghana mourned the loss of Lieutenant-General Emmanuel

Kwasi Kotoka, G.S.O., General Officer Commanding the Ghana Armed Forces, who fell during the

insurrection of the 17th April, 1967, and those gallant soldiers who fell during the insurrection of the

17th April, 1967 and during the 24th February Revolution;

 

AND WHEREAS the Government and people of Ghana wish to demonstrate their gratitude, for their

liberation, and for the rebirth of freedom in Ghana, which was achieved by these gallant men by

creating a trust to commit to posterity the memory of the late Lieutenant-General Emmanuel Kwasi

Kotoka, and the others who fell, and to provide for the widows and children of these gallant soldiers.

 

Creation of the Trust

 

1. Creation of the Trust

(1) There is hereby established a trust to be known as the General Kotoka Trust.

(2) The Trust is a body corporate, with perpetual succession and a common seal, and may sue and be

sued in its name.

(3) The Trust may acquire, hold and dispose of movable and immovable property.

2. Patrons of the Trust

The persons under whose patronage the Trust Fund shall be collected are,

Lieutenant-General. J.A. Ankrah, Chairman of the National Liberation Council,

Mr. J.W.K. Harlley, Vice-Chairman of the National Liberation Council and Inspector-General of

 

 

Police,

Nana Sir Osei Agyeman Prempeh II, K.B.E. Asantehene,

Nii Amugi II, Ga Manche,

Nana Ofori Atta II, Okyenhene, Eastern Region,

Asantilow, Sandema-Nab, Vice-President, Upper Region House of Chiefs,

 


 

 

Nana Otu XI, Abakrampahene, Central Region,

 

Togbe Adaztekpor VI, Paramount Chief of Avatime State,

 

Mr. J.A. Braimah, Kyenasewura, Northern Region, and

 

Nana Kwamina Anaisie IV, Paramount Chief of Dutch Sekondi, Western Region.

 

3. Board of trustees

The board of trustees consists of

 

(a) the Honourable Mr. Justice Nii Amaa Ollennu, as the chairman,

(b) Mr. Daniel Chapman-Nyaho, member,

(c) the Solicitor-General, ex officio member,

(d) the Auditor-General, ex officio member,

(e) the Director, Legal Service, Ministry of Defence, ex officio member,

(f) Mr. Myles C. Hagan, member,

(g) Mrs. E. Akufo-Addo, member,

(h) Mrs. H.S. Bannerman, member,

(i) the Chief Director, Ministry of the Interior, ex officio member/secretary, and

(j) the Controller and Accountant-General, ex officio member/treasurer.

4. Acceptance of office by trustees

Except where a person is an ex officio trustee, and subject to sections 5 and 6, a person appointed a

trustee by or under this Act shall not be bound to act as a trustee unless that person signifies in writing the

willingness so to act or unless that person has already done an act which is exclusively referable to the

duties of a trustee so appointed.

 

5. Appointment and removal of trustees

(1) The Trustees shall hold office at the will and pleasure of the President.

(2) The President may fill a vacancy occurring in the office of a trustee and may otherwise alter the

composition of the Board.

6. Resignation by trustees

A trustee who is not an ex officio trustee and who communicates in writing to the President an

intention to resign, shall on the acceptance of the resignation by the President cease to be a trustee.

 

The Trust Fund

 

7. Trust Fund

(1) The Trust Fund consists of the sum of five hundred thousand new cedis or a higher sum, which by

the date of the commencement of this Act shall have been realised from subscriptions donated by the


 

 

people of Ghana, and the further sums which may subsequently be donated by the Government or any

person in addition to the interest which may have accrued from investment.

 

(2) The Fund is hereby vested in the Board to be held in trust for the objects prescribed by this Act.

8. Objects of the Trust

(1) The objects for which the Trust is established are

(a) the re-naming of the Accra International Airport to the “Kotoka International Airport” after

the late Lieutenant-General Emmanuel Kwasi Kotoka without a financial charge on the

Fund;

(b) the naming of an Army Barracks “Kotoka Barracks” after the late Lieutenant-General Kwasi

Kotoka without a financial charge on the Fund;

(c) the erection of a Statue, of the late Lieutenant-General Kwasi Kotoka as a warrior in full

battle dress at the spot where he fell near the Accra International Airport and the creation of

a quiet garden in the area surrounding the Statue;

(d) the acquisition by the trustees in favour of the Trust of that portion of land situated at the

Accra International Airport where it is proposed to erect a Statue of the late

Lieutenant-General Kwasi Kotoka, and to create a quiet garden to surround it;

(e) the provision of tombstones for the late Lieutenant-General Kwasi Kotoka and the other

gallant soldiers who fell during the insurrection of the 17th April, 1967;

(f) the acquisition and furnishing of a house at a total cost not exceeding seventeen thousand

new cedis for the widow of the late Lieutenant-General Kwasi Kotoka, Madam Monica

Kotoka for life and thereafter, in equal shares, to her children by the late Lieutenant-General

Kwasi Kotoka, whose names are set out in the First Schedule;

(g) the acquisition and furnishing of a house at a total cost not exceeding ten thousand new cedis

for the widow of the late Lieutenant-General Kwasi Kotoka, Madam Ethel Norkai Quaynor

for life and thereafter to her child by the late General, whose name is set out in the First

Schedule;

(h) the acquisition and furnishing of a house at a total cost not exceeding ten thousand new cedis

for the widow of the late Captain C.Y. Borkloe, Madam Vera Enyonam Borkloe for life and

thereafter, in equal shares, to her children by the late Captain C.Y. Borwoe, whose names are

set out in the First Schedule;

(i) the acquisition and furnishing of a house at a total cost not exceeding ten thousand new cedis

for each of the widows of the late Captain A.K. Avevor, Mesdames Norviegbor Akumey,

Akoe Damordzie and Mabel Osae for their respective lives and thereafter, in equal shares, to

their children respectively by the late Captain A.K. Avevor, whose names are set out in the

First Schedule;

(j) the acquisition and furnishing of a house at a total cost not exceeding ten thousand new cedis

for the mother of the late Sergeant Osei Grunshie, Madam Tampore Grunshie for life and

thereafter to the late Sergeant Osei Grunshie’s child whose name is set out in the First

Schedule;

(k) the acquisition of a site, the erection of a house on that site and the furnishing of that house

at a total cost not exceeding twenty thousand new cedis for the benefit of the family of the

late Lieutenant-General Kwasi in the home-town of the Lieutenant-General in the Anloga


 

 

area in the Volta Region;

 

(l) the education with effect from the 1st September, 1967 of

(i) the children of the late Lieutenant-General Emmanuel Kwasi Kotoka, the late Captain

C.Y. Borkloe, the late Captain A.K. Avevor and the late Sergeant Osei Grunshie

whose names are set out in Part One of the Second Schedule;

(ii) the children of soldiers who died in the 24th February Revolution whose names are set

out in Part Two of the Second Schedule;

(m) the maintenance and upkeep of the Statue of the late Lieutenant-General Emmanuel Kwasi

Kotoka, and the garden in the area surrounding the Statue;

(n) the provision in each region of a clinic to be called “Kotoka Memorial Clinic” at a cost not

exceeding ten thousand new cedis and in the case of the Volta Region the clinic shall be

erected at Fiahor near the late Lieutenant-General’s home-town.

(2) Education for the purposes of subsection (1) shall be up to the standard that the trustees may

determine having regard to the ability and aptitude of the child and shall ensure that each child is

equipped to earn a living.

(3) Expenditure for the education shall include expenses incurred over the period of education for

board and tuition fees, textbooks, maintenance, clothing, transport and the incidental expenses that the

trustees may approve.

(4) Parliament may by resolution on a request made in writing by the trustees, increase any of the

amounts prescribed by subsection (2) for achieving any of the objects of the Trust specified in that

subsection, if it is satisfied, having regard to the circumstances, that it is fit and proper so to do.2(2)

9. Residue of the Trust Fund

The residue of the Fund shall be held by the Trustees in trust for

 

(a) the award of scholarships or bursaries to Ghanaian children on a competitive basis for

secondary education;

(b) the provision of financial assistance to each Region for furnishing a ward in a hospital or

generally for a hospital, clinic or day nursery.

10. Investment of the Trust Fund

The Trustees shall set aside out of the Fund an appropriate sum of money to meet the cost of the

objects stated in subsection (1) (c) to (k) and (n) of section 8 after which they shall invest in perpetuity the

total amount remaining in Ghana Government Treasury Bills, Liberation Stocks, and any other gilt-edged

securities as the Government may approve.

 

Administration of the Fund

 

11. Payments to be made out of income with power to resort to capital

(1) In the distribution of the Fund for the purposes of the objects set out in subsections (1) (l) and (m)

of section 8, the Trustees shall make the payments out of the income of the Fund.

(2) Where the income is not sufficient for the purpose of those subsections, the trustees shall utilise as


 

 

much of the capital of the Fund as shall be necessary to supply the deficiency.

 

12. Distribution of balance of income

(1) Where, in any year, the yearly income accruing from investment of the Trust Fund, is in excess of

the estimated expenditure for the purposes set out in subsections (1) (l) and (m) of section 8, the Trustees

may employ the balance of the income for that year, on the basis of a priority to be determined by them in

favour of the objects for which the residue is to be distributed as provided for in section 9.

(2) The Trustees shall re-invest a part of the income, referred to in subsection (1) which is not utilised

in accordance with that subsection.

13. Trustees assisted in administration of Trust

(1) The Trustees shall, in the administration of the Trust, employ the staff that they may think fit.

(2) The salaries of the staff are charged on the Fund or income of the Fund.

(3) The Trustees may rent or acquire office premises for the due administration of the Trust and they

may dispose of those premises.

14. Ordinary meetings

(1) The Board shall hold not less than three ordinary meetings each year at the times and at the places

determined by the Board.

(2) The secretary of the Board shall give each member of the Board not less than seven clear days

written notice of an ordinary meeting, which shall be delivered or sent by post.

15. Special meetings

(1) The chairman or any two trustees may summon a special meeting for a cause which the chairman

considers or those trustees consider sufficient.

(2) The secretary shall, on receipt of a written notice, signed by the chairman or by any two trustees,

requesting a special meeting, give notice in writing to each member of the Board summoning that member

to that meeting and specifying the object of that meeting.

16. Proceedings at meetings

The chairman shall preside at the meetings of the Board and in the absence of the chairman, a trustee

nominated by the Board shall preside at the meeting.

 

17. Quorum

The quorum at the meetings of the Board is five.

 

18. Power of majority

A matter relating to the Trust which is considered at a meeting of the trustees shall be determined by

the majority of the trustees present and voting on the matter, and the decision of the majority shall bind

the dissenting minority, and the acts of the majority, in the execution of the Trust are valid as if they acted

in the matter unanimously.

 


 

 

19. Minutes

The secretary shall keep minutes of the proceedings or meetings of the Board.

 

20. Accounts to be kept and audited

(1) The Board shall keep proper accounts showing the moneys received and the disbursements made

on account of the Trust.

(2) The accounts shall be audited annually by a chartered accountant who is not one of the trustees

and who may be paid out of the Fund or income of the Fund.

Miscellaneous

 

21. Trustee’s out-of-pocket expenses

The trustees may reimburse themselves out of the Fund or income of the Fund in respect of the

reasonable charges or expenses, incurred by them, which are incidental to the administration of the Trust.

 

22. Tax relief

The Trust is exempted from the payment of taxes, rates and duties.

 

23. Regulations

The President may, in consultation with the trustees, make Regulations by legislative instrument on a

matter relating to the administration of the Trust, and not inconsistent with this Act.

 

24. Interpretation

In this Act, unless the context otherwise requires,

“Board” means the board of trustees constituted under section 3;

“Fund” means Trust Fund referred to in section 7;

“Trust” means the Trust created by section 1.

 

 

25. Commencement

Spent.3(3)

 

SCHEDULES

 

First Schedule

 

[Section 8]

 


 

 

Children of Child of Children of Children of Children of Children of Child of

Lieutenant-Lieutenant-Captain C. Captain A. Captain A.K. Captain A.K. Sergeant

General E.K. General E.K. Y. Borkloe K. Avevor Avevor and Avevor and Osei

Kotoka and Kotoka and and Madam and Madam Madam Akoe Madam Grunshie

Madam. Madam Ethel Vera Norviegbor Damordzie Mabel Osae

Monica Norkai Enyonam Akumey

Kotoka Quaynor Borkloe

1. Charles

Kotoka

2. Janet

Kotoka

3. Eric

Kotoka

4. Julia

Kotoka

5. John

Kotoka

6. David

Kotoka

1. Charity

Afi

Kotoka

1. Thelma

Borkloe

2. Cynthia

Borkloe

3. Mary

Arku

Avevor

4.

Kwashiwor

Avevor

5. Adzoa

Mansa

Avevor

6. Michael

Kwaku

Avevor

1. Seth

George

Avevor

2. Regina

Aku

Avevor

3. Anthony

Kwadzo

Avevor

4. Mawuli

Kwabla

Bensah

Avevor

5. Antionette

Abla

Avevor

1. Peace

Awo

Avevor

2. Joseph

Seloame

Avevor

1. Francis

Kwadzo

Avevor

2. Eric

Laledzi

Avevor

1. Asapare

Grunshie

 

Second Schedule

 

[Section 8]

 

PART ONE

 

COLUMN I COLUMN II

Name Children

Lieutenant-General Emmanuel Kwasi Kotoka ............

Captain C.Y. Borkloe ..................................................

Charles Kotoka

Janet Kotoka

Eric Kotoka

Julia Kotoka

John Kotoka

David Kotoka

Charity Afi Kotoka

Thelma Borkloe

 


 

 

p

Captain A.K. Avevor ....................................................

 

 

Sergeant Osei Grunshie. ..............................................

 

 

PART TWO

 

 

Cynthia Borkloe

Seth Avevor

Regina Avevor

Mary Avevor

Kwasiwor Avevor

Adzoa Mansa Avevor

Michael Avevor

Awo Peace Avevor

Joseph Avevor

Anthony Avevor

Mawuli Avevor

Francis Avevor

Antionette Avevor

Eric Avevor

Asapare Grunshie

 

COLUMN I COLUMN II

Names of Soldiers who died in the24th February

Revolution Children

Pte. Adjoba Grunshie .................................................. Assibi Adjoba Grunshie

Solutua Adjoba Grunshie

Azuman Adjoba Grunshie

Pte. Lawrence Mensah ................................................ Essie Mensah

Isaac Yao Mensah

Cpl. Lassey Sewoatsri ................................................. Agnes Asubonteng

Wisdom Kordso Sewoatsri

Sgt. Abudulai Allasan .................................................. Abudulai Allasan

Mohammed Allasan

Abdukari A. Allasan

Mohamadu A. Allasan

Ibrahim Allasan

Rukayatu Allasan

Abu Bakaria

Asietu Dagomba

Pte. Arnol Kwao .......................................................... Kwame Kwao

Crown Kwao

Cfn. Daniel Odame ...................................................... Fred K. Owusu-Ansah

 


 

 

Emmela Boakyewa

Patrick Nyannor

Comfort Buachewa

Seth P. Nyannor

 


 

 

Endnotes

1 (Popup - Footnote)

 

1. This Act was issued as the General Kotoka Trust Decree, 1969 (N.L.C.D. 339), made on the 25th day of March, 1969 and

notified in the Gazette on 28th March, 1969.

2 (Popup - Footnote)

 

2. Inserted by the General Kotoka Trust (Amendment) Act, 1971 (Act 365) which was deemed to have come

into force on the same day as the General Kotoka Trust Decree, 1969 (N.L.C.D. 339).

3 (Popup - Footnote)

 

3. The section, which was section 24, provides for the coming into force of the Decree on the 5th day of May,

1967.


 

 

 

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