Martin Amidu Fires Mills
Daily GuideBy Charles Takyi-Boadu
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.