Busia sends complaints to CHRAJ

Ms. ANNA BOSSMAN
THE ACTING COMMISSIONER COMMISSION ON HUMAN RIGHTS & ADMINISTRATIVE JUSTICE January 11 2008

Dear Madam,

I am writing to confirm that on December 10, 2007, I submitted two independent but interrelated complaints under the Whistleblower Act for CHRAJ investigative review and advisory opinion regarding:

1. Abuse of Power and Human rights violations by the National Security Minister, Hon. Francis Poku. I have enumerated comprehensively allegations of serious abuse of power relating to Ghana’s national security which constitute Treason, Conflict of Interest and Corruption as well as significant violations of human rights and incessant application of torture tactics subjecting my life to risk. I have no personal interest in this matter beyond my inviolate right to life and legal and constitutional right to earn an honest living. It is a responsibility of the state to uphold my right to life as a first principle. Thus both the cessation of human rights violations and subjecting a public office holder accountable are requisites of state due process and rule of law. I have done my duty to country by making the report. The Security Minister’s protracted abuses of power have serious ramifications against the public security interest. The unchecked influx of arms has dire consequences for peace, security and development of this country.

2. I have also outlined in detail issues of Coercion, Obstruction of Justice & violation of contractual rights with regard to President J A Kufuor & the Presidency exactly one year ago on January 11 2007. I am seeking contractual and compensatory relief in the case against President Kufour & the Presidency including payment of cumulative salary arrears for five years withheld as a punitive measure and torture tactic by Francis Poku, accrued legal interest, compensation for constructive termination and other relief deemed appropriate with regard to the human rights violations. The basis of my claim is the fact that I was appointed by Francis Poku acting under the authority of the office of the President and relocated from California to work as legal counsel to National Security Secretariat, an integral part of the Presidency [castle annex] and as Executive director of the small arms commission under the office of the President. Furthermore President Kufour & the Presidency ratified my appointment and specifically assumed the outstanding debt although National Security has an independent budget.

In this case the seeming complexity is that the National Security Minister with a portfolio under the direct oversight of the Presidency has a vested interest in illegally withholding my salary for a protracted period of five years. There has been a subsequent unlawful conduct by the Presidency; obstruction of justice to protect Francis Poku who is acting against the law to my detriment and subsequent failure by the Presidency to fulfill payment obligations and other commitments. Consequently, I seek CHRAJ opinion as to the relevant governmental agency that should be responsible for outstanding financial governmental obligations of my appointment resulting from fulfillment of the terms of the appointment and significant direct benefits accrued to and utilized by government.

I also seek an instructive ruling on the legality and validity of constructive termination following my previous request to CHRAJ for a whistleblower review of Francis Poku’s abuses. Locks on my office have been changed. I am bared from meetings and my name deleted from circulation list of small arms commission in spite of President Kufuor’s assertion that I have not been terminated.

Due to a reasonable perception that my life is at risk, I am in good faith, making copies of this petition available to institutions other than CHRAJ including relevant international actors and the media on this matter. I am aware of CHRAJ recommendation that complainants who come under the whistleblower act should maintain confidentiality. It is my understanding that while the whistleblower Act imposes confidentiality requirements on recipient institutions, the whistleblower Act does not impose any such reciprocal obligation on the complainant. It would seem that to blow a whistle silently would have an effect of negating the very purpose of the act. It does seem logical therefore that these matters be viewed on a case by case basis and also from the perspective of the petitioner’s best interest. I hope that the action I have taken which is necessary for my personal protection under my specific circumstances as explained in the case summaries will not a affect CHRAJ’s adjudicative process.

Fortunately, the issues in this case can be fully determined by a review of available documentation. I hope that a prompt decision will be made under whistleblower Act guidelines on timeframe particularly as it relates to financial obligations as time is of the essence for the Kufuor Presidency to resolve this matter before the end of its term.

I am substituting enclosed case summaries which have substantive additions and context information as well as typographical corrections. I am also enclosing additional documents to facilitate your review. I incorporate by reference all documents submitted a year ago on January 13 January 2007. In this regard I plead CHRAJ good offices to request or subpoena corroborative documents in the possession of President Kufuor and originals in National Security [closed/active small arms files 2002-2007] as necessary. In particular a key 2 page document with national security numbering 90&89 in national security closed small arms file [cover sheet attached] which confirms Ghana Government agreement with UNDP in 2003 with regard to temporary UNDP salary assistance to my position on behalf of Ghana government by integrating a consultancy in preparatory assistance to government as part of an overall package of operational financial and technical support for a fixed term of 11 months is instructive and required.

I pray that the freedom that is enshrined in the national motto will be guaranteed. It is unfortunate that the commander in chief of the Ghana Armed Forces, His Excellency J. A. Kufuor, President of the Republic of Ghana, twice Chairman of ECOWAS and current Chairman of the African Union seems unable or unwilling TO COMMAND his Security minister Sir Francis Poku TO ORDER.

I do not wish to die prematurely, so that those who are erasing all institutional memory of my contribution to developmental security in Ghana will sing my praises as the mother of universal small arms control program in Ghana, fly me to Wenchi with morbid fanfare and political expediency to bury me by the side of my father Kofi Busia in a fascinating irony of politics.

I am confident that under your able leadership [CHRAJ] - Commission on Human Rights and Administrative Justice will do justice to these matters involving the Presidency and National Security, the highest offices of state to protect the obvious risk to Ghana’s fragile democracy which is conspicuously depicted.

Yours sincerely

Nana Frema Busia