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Opinions of Wednesday, 10 April 2019

Columnist: Kyei Baffour

Viewpoint: Demand for publication of Emile Short commission's report is aberration of justice

The Republican Constitution has in it an embedded Constitutional right to be exercised but this, is not expressed in a vacuum. I was scandalized when I chanced upon a release, purporting to becoming from Sammy Gyenfi, the largest opposition National Communication Officer on a demand for the publication of Emile Short Commission's Report.

Portion of the release states ".....they are shocked that the First Gentleman of the land haven't published the report after submission on 15th March 2019 and it's long overdue for the President to publish it since it's almost a month after it's submission.........". Anytime Sammy Gyenfi expresses his opinion on matters of Legit; he subjects himself to ridicule and his certificate as an "Of Counsel". Legal Colossus like Gary Nimako has made an offer to assist him, if probably he has forgotten his legal principles.

The 1992 Constitution has made a clear and unambiguous provision on when Presidential Commission Report ought to be published. And there is no absurdity or ambiguity about it, except only those who want to infect the system with such ignorance for which all Ghanaians must guide against. Article 280 clause 3 reads that "(3), The President shall subject to clause (4) of this article, cause to be published the report of a commission of inquiry together with the White Paper on it within six months after the date of the submission of the report by the commission".

Clearly one can posit that, the call by Sammy Gyenfi on the President to publish the report according to his constitutional logic of long overdue can be described as meritless, untenable, frivolous and a waste of the Public time and attention. This provision is corroborated by the landmark case of Ghana@50, when the Court took the pain to calculate at what point in time is the said "six months due". One will ask, where was Sammy Gyenfi when the report of Commission of Inquiry into "Payments from Public funds arising from debts and Akin matters, (C.I.79/2012)" was delivered on May 2015 yet its publication was made in November 2015.

Again, what operational definition will he assign to his statement "...... Blatant disregard for the principles of transparency and accountability...., when the Constitutional provision has not elapsed? The President is still within the six months period as provided for by supreme law of the Land and any hasty call is a clear aberration of Justice.

Kyei Baffour
Black Nationalist