Constitution equates Ghana@50 Recommendation to High Court judgement -Minority

Accra, March 24, GNA - The Minority in Parliament said on Wednesday that by the 1992 constitution, the recommendation of the Ghana @ 50 Commission is equivalent to a judgment of the High Court, with contention only at the Court of Appeal.

A statement signed by Mr Fredrick Opare-Ansah, Minority Chief Whip, said the Minority was totally at a loss and confused as to whether the Attorney General and Minister of Justice was operating by the provisions of the 1992 constitution or by some other law foreign to Ghana. This follows a story published in the Daily Graphic of Friday, March 19, 2010, which stated among others that: "Responding to the recommendations of the Ghana @ 50 Commission for Dr Charles Wereko-Brobby and Mr Kwadwo Mpiani, the former Chief of Staff, to be prosecuted, the minister said her office, in conjunction with other institutions of state was working on a government white paper after which prosecutions would commence." The statement said when President Mills embarked on the path of pursuing persons involved in the Ghana @ 50 celebrations in the former Kufuor administration, he had a number of options opened to him. The statement noted that the options included the auditor general's report to parliament, the Attorney-General working with other institutions of State and a Commission of Enquiry.

It said Article 280 of the constitution provided that where a commission of enquiry makes an adverse finding against any person, the report of the commission of enquiry shall, for the purposes of this constitution, be deemed to be the judgment of the High Court, and accordingly shall lie as of right from the finding of the Commission to the Court of Appeal."

Assuming the commission even erred in their recommendations and recommended prosecution, it was the duty of the A-G to advise the President on the propitious legal route to proceed on. "The gamut of our argument is that, since the constitution makes the recommendation of the commission equal to the judgment of the high court with contention only at the Court of Appeal, one wonders what locus anyone has to take the same matter to high court again," the statement said, and queried how anyone could suffer double t rials for the same alleged offence when there had already been a judgment.

It said the Commission's judgment was final unless the persons against whom the report made adverse findings wanted to appeal at the Court of Appeal, or unless the government chose to reject the report of its own Commission of enquiry in which instance the constitution once again made clear the provisions of procedure.

The statement noted that as long as there was a report by the Commission which was upheld by a white paper from government, there could not be another trial since that already constituted judgment. It noted that the campaigns and elections were over and that the Minority did not begrudge the NDC "for the wanton lies that were propagated during the 2008 electioneering campaign." The statement called on the President to focus his energy and dwindling resources on more productive and profitable enterprises and said the people of Ghana were waiting for the better Ghana President Mills and his team promised.

It advised the A-G and the President to tread cautiously as the Minority in Parliament was prepared to use all means to protect and uphold the constitution of the land. 24 March 10