Martin Amidu Fires Mills

Posted on May 29, 2012

Daily Guide
By Charles Takyi-Boadu

http://www.dailyguideghana.com/?p=49552
Former Attorney-General Martin Alamisi B.K Amidu is leaving no stone unturned in his quest to see to it that the rule of law is upheld in his beloved country.
In the latest of his damning releases, he lashed out at President Atta Mills and his government’s handling of the Supreme Court ruling over the controversial land the state leased to a former minister under the erstwhile Kufuor administration, Jake Obetsebi-Lamptey, describing it as unconstitutional.
He has accordingly asked President Mills, a professor of law, to respect the country’s Constitution.
It follows a decision by government through a statement revoking the sale of the property to Jake, who is currently the Chairman of the opposition New Patriotic Party (NPP).
It stated, “In the supreme interest of the people of Ghana, and taking cognizance of the Supreme Court ruling in the matter of Mr. Jake Obetsebi-Lamptey’s immoral acquisition of state property, he occupied as a Minister of State, Cabinet at its sitting …Thursday…has decided not to sell the said property.”
But the former Attorney-General who has now become a ‘citizen vigilante,’ said, “I realized how serious and unconstitutional the above quoted statement constituted an ‘executive judgment’ by the President over the ruling of the Supreme Court”, noting that “it is my professional view that the government decision is unconstitutional as the Constitution even forbids legislative judgment over decisions of the Supreme Court”.
The cabinet decision, according to him, had the potential of inciting the people of Ghana against the Supreme Court’s ruling with the innuendo that the Supreme Court acted contrary to “the supreme interest of the people of Ghana” in the exercise of the Judicial Power entrusted to it under Article 125(3) and its independence under Article 127(2) and (3) of the Constitution.
Mr Amidu however noted, “But I dare not speak openly otherwise I will be accused of just opposing everything the government does.”
That notwithstanding, the former A-G said, “I am happy and thank God I left as their Attorney-General before this because I would not have agreed to it.
“I would have urged an application for judicial review of the decision first.”
In the light of this, he stressed the firm belief that the ruling NDC would forever stand accused of an unconstitutional conduct in spite of any moral arguments since “courts do not decide morals, they decide law, period”.
He said the statement coming from a President vested with the Executive Power, expected to be exercised in accordance with the provisions of the Constitution, “further violated Articles 3(3), 12, 58(1) and (2), of the Constitution”.
Unless there was what he described as “cogent and credible” evidence of judicial misconduct on the part of the Supreme Court or a majority thereof in the exercise of the judicial power, the former A-G stated, “it is unconstitutional for any President in whom the Executive Power is vested to make insinuations against the Supreme Court”.
In view of this, Mr Amidu said, “I have no doubt whatsoever that the President’s executive judgment over the decision of the Supreme Court (declaratory or whatever) has the tendency to affect the credibility and fortunes of the NDC as a democratic and constitutional party for electoral purposes now and in future.”
Considering the fact that the plaintiffs in the case, Samuel Okudzeto-Ablakwa and Dr Edward Omane Boamah, had expressed their intention to exercise their right to apply for a review of the Supreme Court ruling, he said the Attorney-General, as the nominal defendant under Article 88 of the Constitution, should know the exclusivity of his right to apply for review of the decision since “the working constitutional system of the nation did not have to be interfered with by any unconstitutional Executive judgment by the President”.
“The Constitution and the laws of Ghana provide several available legal alternatives for dealing with the decision of the Supreme Court without unconstitutionally calling its integrity into disrepute.
“Spinning can never win the NDC the elections. Only integrity can. Respect the Constitution,” he said.

http://www.dailyguideghana.com/?p=49105

NDC Stalls Woyome

says Martin Amidu

By Charles Takyi-Boadu

A former Attorney-General and Minister for Justice, Martin Alamisi Amidu, yesterday released another statement in which he expressed fears that the ‘so-called legal team of the NDC’ is meddling in the prosecution of Alfred Agbesi Woyome in the fraudulent GH¢51.2million judgment debt to prevent justice for the state.
“What I fear is the so-called ‘NDC Legal Team’ some of whose members unethically make it their business to meddle in the professional affairs of the office of the Attorney-General while at the same time acting as lawyers for clients whose interests are opposed to those of the Republic,” Mr Amidu stated in the statement he personally signed and issued in Accra.
Mr Amidu was sacked as Attorney-General by President Mills after he put up a spirited attempt to retrieve the GH¢51.2million from the NDC financier through a court action.
Since then, there seemed to be delays by the AG’s office through several adjournments, with judges sitting on various aspects of the case expressing their frustrations about the frequent delays and handling of the case.
DAILY GUIDE has learnt the presidency is deliberately stalling the case, with a directive to officials linked to the scandal not to volunteer information to the police operatives investigating the case.
The Minister of Finance and other top government officials including the Chief of Staff at the Castle who would be needed to enable the security agents to make an appreciable headway in their investigations are unable to show up for further probing for unexplained reasons.
In a signed statement to support similar fears expressed by Nii Ayikoi Otoo, another former Attorney-General, Mr Amidu once again called on all committed Ghanaians to show interest in efforts to get to the bottom of the matter, stressing the belief that any further adjournment beyond June 4, 2012 would create the impression that government wanted to avoid concluding the trial before the 2012 general elections.

Martin Amidu

“I have read the worries expressed by Hon Ayikoi Otoo about the seeming delay in the prosecution of Alfred Agbesi Woyome and others for suspected fraud and other offences arising out of the ill-fated Government of Ghana and Waterville contracts. I entirely share his desire for expeditious justice through an early prosecution of the case,” he noted.
Mr Amidu, whose interest in the prosecution of the infamous Woyome scandal has earned him the nickname ‘vigilante,’ insisted on the police investigating the case thoroughly. However, he was ruled out by the president, who then directed the EOCO to investigate the case that gripped the nation last December when it came out.
“I had insisted on Prosper Kwame Agblor, the Director-General/CID, and his very able professional staff being allowed to investigate this matter for possible criminal prosecutions. The President told me to allow the Economic and Organized Crime Office to investigate the case and submit a report first. The Government’s inexperienced faction supporting Mr. Woyome did not want any type of police criminal investigations and surprisingly had their way,” Mr Amidu stated.
He considered the intense pressure from the public agitation against any cover up of the scandal in the circumstances of his exit from office and the subsequent decision to allow the Inspector-General of Police and his Director-General/CID to arrest and investigate Alfred Agbesi Woyome and the state prosecutor, Samuel Nerquaye-Tetteh, as a clear victory for Ghana.
“I have every confidence that if the office of the Director of Public Prosecutions is given a free hand to direct the police investigations, the resulting police docket will be solid for prosecution,” he emphasised.
The former A-G, who was dismissed on the matter of the payment to Woyome, said, “The Director-General/CID had to build a docket from the scratch. The case, to the best of my knowledge, is complex and could lead to others being charged for prosecution as well.”
“The police cannot just rely on the report and materials supplied by EOCO without taking their own statements and going through the requisite motions,” he stated, since “EOCO has the capacity, if left alone, to assist the police to trace assets and do many other helpful things for the police”.
“I also have an additional worry from Hon. Otoo’s. I hope the Director of Public Prosecution’s Office will have a free hand to review the docket professionally and advise the Attorney-General,” he stated, whilst appreciating the patriotism by his colleague, Nii Otoo, in keeping the matter alive in the eyes of the public.