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General News of Sunday, 9 June 2019


Broaden debate on indemnity clause review – Joyce Mogtari

Special Aide to Former President Mahama, Joyce Bawa Mogtari wants the ongoing debate on the removal of indemnity clauses in the constitution to be broadened.

She says the perspectives of persons who were instrumental in the framing of the 1992 constitution must be sought.

According to her, the indemnity clauses are part of the trade-offs that had to be put in place to ensure the 4th republican dispensation survives. Public discourse on the indemnity clauses which protects coup-makers from prosecution has resurrected calls for its scrapping by former President Rawlings.

Speaking to Citi News, Joyce Bawa Mogtari said persons such as Dr. Obed Asamoah must be invited to offer clarity to what informed the indemnity clause provisions

“When you read the history from the framers of the 1992 Constitution, there were conversations even around all the other coups that were taking place and how they would work to ensure that this 4th Republican Constitution did not once again become a subject of disruption by elements who wanted to create some challenges for the system. We have actually come a long way and I will personally advocate for us allowing sleeping dogs to lie.

“If indeed former President Rawlings was speaking to indemnity clauses as provided under the 1992 Constitution, specifically the transitional provisions, we can still go back and ask for some clarification because he is actually the key beneficiary for now.”

Section 34 of the transitional provisions of the 1992 Constitution indemnifies all coup makers and their functionaries against any liability for acts and omissions committed during their illegitimate administration.

Clause One of Section 34 of the 1992 Constitution states that:

“No member of the Provisional National Defence Council, Provisional National Defence Council Secretary, or other appointees of the Provisional National Defence Council shall be held liable either jointly or severally, for any act or omission during the administration of the Provisional National Defence Council.”