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Opinions of Wednesday, 5 March 2008

Columnist: Abdul-Rahman

I was absolved of allegations: A Rejoinder.

Once again the Kufour government has proven that cronyism, for them, is much better than public trust and confidence. The President for some strange reasons, have decided to reappoint the disgrace minister of transportation Dr. 'Libidinal' Richard Anane back to the government on the bases of a Supreme Court decision that has nothing to do with merit of case and thus giving the disgrace minister the opportunity to laud it on Ghanaians that he was 'absolved' of the allegations against him. We are yet to be told the bases upon which the President and Anane could claim that the decision of court amount to an exoneration of Anane's immoral acts.

First of, Anane did not go to the Supreme Court to challenge the decision of Commission on the merit of its evidence, and for that matter, case. That is, Anane did not challenge the fact that he had used his official position to gain access to the woman?s private part and make her pregnant, he did not challenge the fact that he used his office as the minister of transport to send thousands dollars to his Mistress in the United States, and he did not explain how he came by those dollars. Anane only challenged the complain procedures of the commission. The court only interpreted article 218 of the constitution which defined the function of the commission. The only thing the court said was that the Commission for Human and Administrative Justice did not have the authority to investigate him simply because it had no complainant.

In the opinion of the court, since the commission was set up to investigate complains, it can not investigate Anane because it had no complainant. The court theorized that for any complaint to be investigated there must be a complainant. In order words the court is arguing that if the Commission for Human and Administration, which is not a court, has evidence that a citizen human right?s is being violated; it cannot investigate such a violation until there is a formal complainant. What the court ignored is the fact that complains doe not necessarily means a formal complaint, the people of Ghana could collectively complain without filling a formal complain with the Commission. As an organ set up to investigate issues relating to human rights and administrative justice, it could take up the issue and investigate it to a logical conclusion. Also, the court by it decision the tired down the hands of the commission in many respect, for instance the commission could not investigate matters of corruption, even if there is a probable cause to do so, until there is a formal complainant. Weird as this decision may sound to the ordinary Ghana out there whose tax dollars is agonizingly stifled by a minister to support his adulterous behaviour, such is the decision of a supreme court under a Kufour led government.

A court chocked with secret party loyalist, friends and cronies. But even then, the decision of the court could not be interpreted as an exoneration of Anane. The court did not say that Anane did not commit adultery; it did not say that Anane did not sent money illegally to his mistress in the United States using his influence as a minister of state, and certainly the court did not judge Anane?s misconduct as a minster. We say to ?Dokita? Anane, where is your ?I was absolved of allegations? coming from? Who absolved that adulterous man of any allegation? It is certainly not the Supreme Court of Ghana.

It is important to let Dr. Anane and his cheerleader President Kufour know that there is nothing like double jeopardy with respect to Commission?s investigations, and that despite the Supreme Court decision Anane could be shafted before the Commission, this time with a complainant, or before any court of competence for wasting state resources and corruption. To use the Supreme Court decision as a yardstick for reappointing him is a ploy to use false spectrum regarding the decision of court to tire the hands of a future president to reopen this clear case of corruption and inappropriate conduct on part of a former minister of state. Let it be clear that the people of this country would not seat aloof and let people of Anane?s kind go unpunished for corruption and mismanagement of trust. Any future government has the right to reopen and have it look at.

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