NRC Is Unconstitutional - Amidu

Former deputy Attorney General and Minister of Justice in the NDC administration a.k.a. shadow vice-president Martin Amidu has gone to town on Chief Justice Edward Kwame Wiredu, describing him “an embarrassment to the Ghana Bar Association” considering the perception within the Association that he is overtly interfering with adjudication of justice in the country.

He also accused the head of the judiciary of breaching the constitution instead of upholding it, by imposing administrative fees and charges on litigants and suggested that the singular action has created fear and apprehensions among litigants, an act that could endanger the search for true justice.

Mr. Amidu’s stinker was part of his observation at the 24th anniversary celebration of the June 4 1979 uprising held in Accra.Recalling the controversy surrounding the Chief justice’s method of empanelling the courts in cases of major constitutional controversies, the former deputy minister of justice contended that it has confirmed fears that certain cases are fixed. He also contended that it has called into question, the independence of the judiciary in the adjudication of cases with serious political overtures in Ghana today.

“Citizens who have grievances against the government fear adjudication because according to them, they have been thought a lesson for daring to come to the courts by the imposition of a forbidden cost”. He cited himself, Tsatsu Tsikata, Bo-Amissah, and Akpalu as persons who have had to pay forbidden costs for challenging certain unconstitutional acts of the Chief Justice and the government. Martin Amidu, NDC’s running mate to Prof. Mills in the 2000 general election was however not surprised that the NPP government is acting in a way that blatantly violates the 1992 constitution by setting up Commissions of Inquiry under Chapter 23 of the constitution by a constitutional instruments, without laying the instrument before parliament.

Also on the menu of Me Amidu was what he called the government’s penchant to contract loans without parliamentary approval. He questioned the establishment of a Constitutional Commission by an Act of parliament, which he said has taken away the rights of citizens guaranteed under Chapter 23 of the constitution which prescribes the appointment and functions of committees of inquiry as well as the process of procedural discretion. He claimed that that right is entrusted to the Attorney General under article 88 of the constitution.

Mr. Amidu who served as a deputy attorney general for twelve and half years had some very uncharitable words for the establishment of the National Reconciliation Commission (NRC). He claimed emphatically that Act 611, which established the NRC, is inconsistent with and contravenes Chapter 23 of the constitution and the powers of parliament. He said the act also goes contrary to articles 107 and 299 and sections 34 of the Transitional Provisions as enshrined in the constitution.

Even though he confessed his trust in the work of the Commission because it would be a good conflict resolution and interactive process for peace building if the procedures there are conducted in the spirit and letter of the constitution, Martin Amidu submitted that an unconstitutional act or conduct is for all times an illegality and called on the people of Ghana to support the NDC to correct the anomaly. He claimed that the NPP government has clearly demonstrated to all Ghanaians that it can abuse all processes both substantially and procedurally as demonstrated “in the recent by-elections in the country.”

He said the NPP has proved beyond reason within a period of two and half years in power that it can criminalise its political opponents under the smoke screen of criminal justice. He described convicted Mallam Isah the former Youth and Sport Minister, Kwame Peprah, Ibrahim Adams as political prisoners whose convictions are a fa?ade meant to showcase the government’s much touted zero tolerance for corruption.