A-G says no case against Kyerematen

Accra, Aug. 6, GNA - The Attorney-General and Minister for Justice, Mr. Joe Ghartey on Monday said he could not prosecute the two persons cited for alleged acts of impropriety with respect to their involvement in the management and administration of the Export Development and Investment Fund (EDIF). The two were the Minister of Trade, Industry and Presidential Initiative, Mr Alan Kyerematen and the Director of Finance and Human Resource Development at the Ministry, Mr A. S. Bekoe.

According to him, he could not prosecute them because the Report of the Commission on Human Rights and Administrative Justice (CHRAJ) that investigated the matter dismissed all the allegations and did not make any recommendations.

"CHRAJ did not make any recommendation to that effect and so the matter is closed," he told members of the media during a briefing in his office.

Mr. Ghartey said all the allegations made by the informant to the case under the Whistleblower Act were baseless according to CHRAJ. His office therefore "cannot go ahead to prosecute".

He also stated that he would not comment on the report since CHRAJ had not made any adverse findings against the two persons. "Article 88 of the Constitution gives the A-G's office the right to prosecute and this has to be respected."

In May this year, Mr Kwesi Arthur, a former Board Member of the Export Development and Investment Fund (EDIF), filed the complaint against Mr Kyerematen for a number of alleged wrongdoings. Joined in the complaint was the Mr Bekoe.

Mr. Arthur cited the two for alleged acts of impropriety in the management and administration of EDIF and grounded his petition on Article 218 (a), (d), (iv) and (e) of the 1992 constitution and on sections 1 (a) (b) and (d) of the Whistleblower's Act, 2006 (Act 720). Mr. Ghartey said those who made complaints under the Whistleblower Act did so because they wished to be protected by the state from victimization, so their identity was to be protected. "But in this case Mr. Kwesi Arthur went to the media and gave out his story giving room to media commentary whilst the case was under investigation," he said.

"CHRAJ dismissed all the allegations and therefore could not make any recommendation to the A-Gs Office.

"If no one is to be prosecuted, then I have no power to do so," he said.

Mr. Ghartey said since this was the first case under the Whistleblower Act passed in 2006, a few flaws had been identified and an amendment would be called to some of the clauses. "We do not want people to use this law to report people with no basis or maliciously."

He also appealed to the media to be circumspect in their reportage on issues related to the Whistleblower Act, so as to give meaning to the law.