Judges' murder case ... killers in trouble

Contrary to public expectation that the mysterious murder of the three High Court Judges and a retired Army Officer will go before the National Reconciliation Commission, the Statesman can authoritatively reveal that the murder case will not be part of the Commission’s agenda. To this end, the perpetrators of the heinous crime will face the consequences of their action.

The three High Court Judges, Justices Cecilia Koranteng Addow, Kwadwo Adjei Agyepong and Fred Poku Sarkodee with Major (Rtd) Sam Acquah, were abducted and murdered in cold blood by agents of the Provisional National Defense Council (PNDC), headed by Ex-Flt Lt. Jerry Rawlings on June 30, 1982, six months after the violent overthrow of the Limann administration.

However, the PNDC government denied responsibility of the action, inferring that the murder was undertaken by some disgruntled elements within the government. Up till today, nobody has accepted responsibility.

With this background in mind, The Statesman has learnt that the National Reconciliation Commission cannot deal with cases of individual criminalities, especially when the state is not involved. The Commission has the mandate to investigate and arbitrate in a matter against individuals whose actions, though inimical, were carried out in the exercise of their powers conferred on them by the state as provided in the Transitional Provisions.

According to Clause 34 (2) of the Indemnity Clause of the Transitional Provisions, which provides protection for any act or omission during the administration of the PNDC, “It is not lawful for any court or tribunal to entertain any action or take decision or make any order or grant any remedy or relief in any proceedings instituted against the Government of Ghana whether before or after the coming into force of this Constitution or against any person or persons acting in concert or individually to assist or bring about the change in government which took place on February 24, 1966, January 13, 1972, June 4, 1979 and December 31, 1981 in respect of any act or omission.”

The Judges and the Army officer were murdered by people close to the PNDC regime but were denounced by the leadership of the government, which subsequently set up the Special Investigation Board (SIB), leading to the trial of Amartey Kwei and others. Emerging evidence reveals that Jerry Rawlings and his wife Nana Konadu may not go scot-free. The faces behind the heinous crime would soon be exposed and face the full rigours of the law.

The Statesman learnt that at the time, Amedeka, who led the assassination team but eventually escaped through a jailbreak, and the rest of his team did not know the import of their mission until a voice through walkie-talkie told him that they should finish the victims.

Kwabena Agyepong, son of one of the three judges, revealed that there was overwhelming evidence implicating Rawlings and his wife. Said he: “The weight of evidence implicating Jerry Rawlings and wife Nana Konadu is simply overwhelming.

Amartey Kwei, on the eve of his execution made a confession in the prison chapel of Usher Fort in the presence of Rev Damuah, Lt. Cdr. Asase Gyimah, senior prisons officials and some commandos.”

The confession, Agyepong noted, produced startling results with Amartey Kwei specifically naming Jerry Rawlings and Nana Konadu as the people who actually instigated and authorized the operation. Amartey Kwei made other statements repudiating his earlier evidence before the SIB and made a last wish that his body be returned to his family after the execution. But this was never fulfilled.

Stunned by this development, Rawlings stormed the prison after being informed of it and extracted a last minute confession from Amartey Kwei, after which he ordered his execution to go on.

Another evidence that needs to be examined is that of the Fiat Campagnola used for the operation. The vehicle filled with petrol and ready for the operation was parked at the residence of Nana Konadu at Ridge and the keys to it were picked from her dining table. And upon completion of the operation Amartey Kwei briefed the Rawlingses.

But the most astonishing evidence that should set tongues wagging is of a meeting between Rawlings and Justice Azu Crabbe, Chairman of the SIB. The meeting was held at a house at Tesano, in the presence of two other persons. Agyepong said of the meeting: “In those circumstances, the holding of such a meeting was a most questionable act, made more so because the SIB made no attempt to run down the crucial pieces of direct evidence connecting Rawlings and wife to these gruesome deeds.”

Was the meeting arranged to give Rawlings and wife a safe “passage,” despite the circumstantial evidence deduced from the statement of Amartey Kwei? Amedeka will assist in providing the evidence to the question in the weeks ahead.