Former Ministers to defy investigators

 

NDC stands by "Harassment claims"

 

Bureau of National Investigations says will arrest them if…

 

We'll meet fire for fire - Ahwoi

 

Ex-NDC Ministers says will no longer co-operate

 

NDC's stand amounts to lawlessness - Foundation

 

It's individuals who are on trial – Dan Botwe

 

Attorney General reacts to NDC

 

NDC's stand is affront to judicial system - Bar Association

 

 

 

NDC stands by "Harassment claims"

 

The claim by the National Democratic Congress (NDC) that its ex-Ministers and former government officials are being harassed by the NPP Government has been re-emphasized in a statement signed by the party's General Secretary, Alhaji Huudu Yahaya.

 

This was in reaction to denials by some ex-public officials that they had been harassed, contrary to the claim by the NDC that they (ex-officials) had undergone harassment.

 

The party underscored, "Whilst understanding the stance that these former public officials have been compelled to take, we nevertheless stand by every word contained in the statement read at the Press Conference" - which it held on September 25, 2001.

 

According to the NDC, the Government, in a desperate attempt to counter the damning effect of the press confab, had resorted to a campaign of lies and misrepresentation of the contents of the press statement, "with the deliberate intention of misleading the people".

 

It cited the an alleged statement by Kwabena Agyepong, Deputy Government Spokesman that the NDC had wrongly alleged that Kwame Peprah, former Finance Minister, had appeared before the BNI, whereas the press statement never stated so.

 

"So far the former Minister of Finance, Mr Kwame Peprah had been summoned to appear before the SITF, the SFO and the CID about 35 times in the past 8 months”, the NDC clarified.

 

One the denials of harassment, the party noted that regarding Mr W.K. Aboah, former Director of the Ghana Immigration Service and Acting Commissioner of Police CID, "there was no charge of harassment raised at the press conference, Neither was he described as an NDC Minister, member or dismissed/terminated/forced to resign".

 

The statement pointed out that the NDC was aware of the circumstances under which Mr. Aboah was made to retire "but if it is in the interest of his future plans to say that he retired voluntarily, we wish him well".

 

Furthermore, the leadership of the party intimated that they knew the circumstances under which Mr Yeboa-Amoa former Managing Director of the Ghana Stock Exchange (GSE) also retired.

 

"In the case of Mr Emmanuel Darko, the third person to have issued a statement of denial, we stand by our statement that he has appeared before a probe or probes.  This was in connection with the investigation by the CID panel into alleged improprieties associated with the importation of a Toyota Sienna vehicle by Mr. Victor Selomey, former deputy Minister of Finance Mr. Darko was, at the time of that transaction, the officer in-charge of the schedule", indicated the NDC leadership.

 

Making a firm resolve, the NDC said the denials would not in any way detract from the substance of their claim that its members and officials and some public officers who worked with the NDC administration had been targeted and were being hounded in ways that were invidious and vicious.

GRi…/

 

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Bureau of National Investigations says will arrest them if…

 

The Bureau of National Investigations (BNI) has warned that it will not hesitate to arrest anyone who refuses to honour its invitation.

 

The warning was in apparent reaction to a recent statement by the National Democratic Congress (NDC) that its former Ministers and appointees would no longer cooperate in the 'inquisitions' currently going on into its period of office.

 

A highly placed BNI source who spoke to the Evening News in Accra on Thursday explained that the Bureau was established under the Security and Intelligence Agencies Act 1996, Act 526, and given the powers of arrest, search and also all powers that the Ghana Police Service possesses in the course of investigations.

 

The source further explained that it is important for Ghanaians to know that Act 526 was passed by Parliament when the NDC had the majority in the house.

 

The Bureau, the source said had extended all the courtesy enjoyed by every citizen to the ex-Ministers and appointees who had so far appeared before its investigators adding that ex-Ministers and appointees were allowed to have access to their lawyers and given adequate time to respond to questions.

 

Since the NDC declared its stand, there has been sharp criticisms from various organisations and individuals in the society.

 

It is recalled that the Ghana Bar Association, condemned the stance taken by the NDC and described it as an affront to the judicial system and rule of law.

 

According to GBA the political and legal committee of the NDC should have known better, adding that "by the pronouncement the committee has made hollow the party's often trumpeted watchword of probity and accountability".

 

The association noted that citizens are supposed to help security agencies in their investigations and for the NDC to make a blanket statement urging its former ministers and appointees not to co-operate with such probes was unfortunate.

 

The GBA regretted about the manner the NDC shun the fact that the security agencies are legally constituted organs of state, tasked with the responsibility of investigating crime.

 

About two weeks ago the NDC cried wolf, alleging that its ex-Ministers and appointees are being harassed persecuted and intimidated.

 

According to the NDC its members who appeared before investigating panels were given "extensive, intrusive and oppressive questionnaires which were meant to incriminate them."

 

It further gave a list of 18 public officials who the party claimed that they were forced to resign, dismissed or had their appointments terminated since the NDC lost power.

 

Two of these officials Mr Yeboah Amoa and Mr W.K. Aboah, managing director of Ghana Stock Exchange and Director of the Ghana Immigration Service respectively had since denied being harassed or force to resign.

 

At least, 16 ex-ministers of the past government are currently being investigated by the Serious Fraud Office, Police Fraud Squad, Criminal Investigations Department and the BNI.

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We'll meet fire for fire - Ahwoi

 

Mr Kwamena Ahwoi, former Minister of Regional Integration last Tuesday re-enacted his boisterous self, daring to meet the current administration fire for fire if it so wishes.

 

Best remembered for his call to legitimise 'shit bombing' of certain press houses which were considered hostile to the then NDC regime, Ahwoi in an answer to a question on his role in the revolutionary Citizen Vetting Committee (CVC) said whatever excesses that occurred in that era were precipitated by the decree that was invoked at the time.

 

Kwamena Ahwoi explained that the situation at the time was entirely different from the current constitutional dispensation and if the NPP government "wants us to go back to the revolutionary era, then we should go back, but if they want us to go on with the constitution, then we should go on with it".

 

Kwamena later in a chat told the paper that he has not really spoken but hopes to do that at the right time, adding that he only made certain submissions at the NDC press conference to set the records straight.

 

He further hinted that he was not the Chairman of the Citizens Vetting Committee and even dared the questioner, Kobina Ebo Quansah of the Public Agenda to prove the authenticity of his claim.

 

“I have more than one document to prove to you that I was not the Chairman of the CVC”. Ahwoi, in rather stern look told Ebo and the other journalists. The former Minister however disclosed that he was a member of the CVC and later became the Co-ordinator of the CVC.

 

He later told the Independent that he has not lost any of his abrasive character.

 

Listen to Kwamena: "That has been part of me".

 

Although last Tuesday's press conference broke his long silence on many national issues since his party lost the 2000 elections, Kwamena’s demeanour portrayed that this time around, he was not going to be an ordinary participant.

 

Spotting an all grey outfit capped with an American Cowboy hat, Kwamena was unceasingly spotted all over the Ghana International Press Centre and stared at any member of the press present.

 

He nodded at any statement be deemed not to good for the NDC cause and seized the opportunity to vent his spleen on the NPP on the alleged harassment of NDC functionaries.

 

In one of his reactions, he only stopped short of referring to the journalist who fired the question on his days with the CVC as a liar.

 

The press statement, which was read by Alhaji Mahama Idrissu, the Acting Chairman of NDC's Political Committee catalogued a number of events which the party termed as harassment and intimidation of its functionaries by the NPP administration.

 

The NDC expressed deep concern about the situation where ex-Ministers and officials had to explain Government policies and Cabinet decisions to panels of investigators at the Special Investigations Task Force-the BNI, CID, SFO and security operatives.

 

The party also expressed dissatisfaction about the government's deliberate attempt at criminalizing the NDC era.

 

It wondered why the Quality Grain Case which the NPP itself put before the Fast Track High Court had to be adjourned for six weeks at their instance to enable them go looking for witnesses in America.

 

"Little wonder that Victor Selormey's trial has seen so many twists and turns, sometimes bordering on the farcical", the statement said.

 

According to the NDC, virtually every policy or Cabinet decision has been made the subject of criminal investigation, with ex-Ministers being summoned before police and other investigating officers to account for their actions.

 

This, the NDC said is calculated to destroy its image as a party and that of the individuals involved.

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Ex-NDC Ministers says will no longer co-operate

 

Accra (Greater Accra) 25 September 2001 - The National Democratic Congress (NDC) on Tuesday said it has decided that its ex-Ministers and former government appointees would no longer co-operate in investigations into its eight years of administration.

 

Alhaji Mahama Iddrisu, Acting Chairman of the NDC Political Committee, told a press conference in Accra that neither its ex-ministers nor appointees would answer questions before "the numerous inquisitions, panels and bodies set up to harass and persecute them''.

 

They will also not "respond to the numerous extensive, intrusive and oppressive questionnaire administered to them."

 

The Press conference, attended by the party's hierarchy, was to inform the public about "the continued campaign of harassment, intimidation, persecution and prosecution of ex-NDC ministers and functionaries".

 

Alhaji Mahama said the party's decision was informed by the situation in which the government, for lack of evidence, literally asked the ex-ministers and appointees to incriminate themselves through answers they gave in questionnaires administered to them.

 

"The Committee took note of the common law and constitutional rules against self-incrimination. It also considered the constitutional rights to privacy and respect for human rights."

 

Alhaji Mahama, a former Minister of Defence, said while the NDC would not condone wrong action or misconduct of any of its ex-ministers and appointees, the party's position was that the government should send evidence of such cases to the court of law.

 

"Our officials will rather defend themselves in court than answer to undercover investigative panels whose objectives are unclear, whose motives are suspicious and whose methods are inquisitorial."

 

He said it has become obvious that the so-called evidence being adduced at the various political trials is nothing that the government could rely upon for successful prosecutions.

 

They have, therefore, resorted to what the party called 'fishing for evidence’.

 

“Extensive and very intrusive questionnaires are administered to the ex-NDC Ministers and officials and on the basis of the answers provided, the investigation panellists then proceed to charge these officials," he said.

 

Alhaji Mahama said whatever information, clarifications or explanations the ex-ministers and appointees offered were of no interest to the investigators. "Their main interest has been how to distort the information and plant them in the media in a manner calculated to destroy the image of the NDC as a party and the individuals involved."

 

He said it was the party's view that the prosecutions and unnecessary harassment of its ex-ministers and appointees were part of government's broad design to dismember and destroy the party.

 

Alhaji Mahama catalogued various cases of harassment and intimidation and cited a letter that the District Chief Executive for Tolon allegedly wrote to the NDC MP for Tolon, the former District Chief Executive and the former Regional Minister banning them from entering Tolon, from where the three persons hail.

 

"There is even more ominous development. We have information about a plan to frame certain ex-ministers and functionaries in a coup plot or plots.

 

"Apparently, this is part of a grand design to ensure the demise of Ex-President Jerry John Rawlings and some specific functionaries of the former NDC government, either by their elimination, incarceration or harassment to go into exile."

 

 Alhaji Mahama alluded to alleged public statement made by Mr J.H. Mensah, the Minister of Government Business, that the NDC party would be dismantled by the time the government finishes with the trial of former NDC Ministers and functionaries.

 

He said the witch-hunt, harassment and undercover assault on the freedom and dignity of the members of the opposition could well be the outdoing of the NPP government.

 

Alhaji Mahama said the press as the fourth state of the realm had the responsibility to ensure the existence of a credible opposition, stressing that any attempt to annihilate the opposition will be dangerous for the country.

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NDC's stand amounts to lawlessness- Foundation

 

Accra (Greater Accra) 27 September 2001- The decision by the National Democratic Congress (NDC) to boycott appearances before probes and investigations committees has been described as a stance that is tantamount to lawlessness and anarchy.

 

"This is unbelievable of a group that yesterday was preaching probity and accountability as appendages to our Freedom and Justice national motto."

 

These were sentiments expressed by Osoronko nana-Yabani, Executive President of the Olof Palme Peace Foundation (OPPF), in an interview with "The Evening News" in Accra.

 

Reacting to the issue raised at the NDC's news conference in Accra Yesterday,   Osoronko nana-Yabani, who is also a social critic said the NDC should count themselves very lucky that they were being invited before probes and investigation committees because the Djantus, Kweku Baakos, Kabral Blay Amiheres and several other were denied that privilege.

 

"Why should it be unacceptable for them to be brought before committees to help unravel acts carried out by them now, when in the past the same processes were followed in their reign of terror," he asked?

 

He maintaines, that the moral aspect of their statement would send wrong signals to the common people on the follow suit, adding, if those at the top are allowed to go free and do what they please, then why should ordinary men and women be compelled to answe questions by the police or other enforcement agencies?

 

He advised the party to cooperate with whatever probes they are invited to in the interest of peace and justice if they truly believe and know in their hearts that they had done nothing wrong.

 

"If you have nothing to hide what prevents you from appearing before probes and committee of enquiries?

 

"Have they forgotten that in their time they picked up indigenous Ghanaians and packaged them out of the country to the United States in exchange for Michael Soussoudis, a cousin of the former President?  Did they give these people enough room to prove their innocence before a competent law court as they are being given now?"

 

Turning to the New Patriotic Party government.  Osoronko Yabani who is also a UN Messenger of Peace, appealed to the government to eschew all acts of vindictiveness from the genuine investigations that are being carried out.

 

He noted that it was partly because of some of the acts of vindictiveness that the NDC as a party was rejected at the polls and urged the government to operate in transparency and in the interest of the nation to achieve justice.

 

"The NPP must know that whether wrong or right, its decisions now would decide the destiny not only of the party, but of Ghanaians as a whole," he emphasized.

 

Osoronko Yabani advised the NPP government to concentrate on the governance of the country since there is much work ahead of them in healing the fractured economy instead of engaging in political battle with their opponents who are bent on distracting their attention through unnecessary utterances. -The Evening News.

 

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It's individuals who are on trial – Dan Botwe

 

The National Democratic Congress (NDC) as a party is not on trial rather, it is individual members of the party who are being indicted, the General Secretary of the New Patriotic Party (NPP) Mr Dan Botwe has said.

 

He said "it is wrong for the NDC as a party to say that it would not co-operate with the police or security inquiry.

 

Mr Botwe was reacting to the NDC's claim that it would no longer co-operate with any investigation panels the NPP government would set up to probe ex-Minister and former appointees.

 

Speaking to "The Evening News" in an interview in Accra this morning, Mr Botwe said the action by the NDC would lead to anarchy and lawlessness.

 

He said it is normal for individuals invited to the police station to refuse to answer certain questions put to them by investigators. "The NDC in their time had 80 ministers and how many of them have been asked to appear before any police enquiry," he queried.

 

He said those making the noise are afraid that investigations are catching up with them to answer charges of their corrupt acts.

 

Mr Botwe said Act 562 Section 40 passed by the NDC government in 1996, empowers the Bureau of National Investigations (BNI) to perform the function of the police and therefore it is wrong for any individual to refuse to honour invitations by the BNI.

 

Their action, he said is "deliberate attempt to derail due process of law and also to threaten the security of the state" he said.

 

The General Secretary said he was happy that those who organized the news conference did not accuse the NPP government of interfering in the judicial process. "All these go to show that not were they faked revolutionaries, but also faked apostles of probity and accountability." he opined.

 

Mr Botwe advised the leadership of the NDC to concentrate their energies and attention on how to re-organize their party instead of engaging in diversionary tactics.

 

"So long as the investigations and arrests are in the interest of the state, the security services will continue to invite them and they are obliged by law to respond accordingly," Mr Botwe stated. - The Evening News.

 

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Attorney General reacts to NDC

 

Sunyani (Brong Ahafo) 03 October 2001 - The Attorney-General and Minister of Justice, Nana Akufo-Ado has dismissed the decision of former NDC appointees not to co-operate with investigations into allegations of impropriety against them.

 

Delivering the key-note address at the annual conference of the Ghana Bar Association (GBA) in Sunyani on Monday the Attorney-General said: "Co-operation or non-cooperation, government will not be deflected from the necessity to pursue these enquiries, which are entirely legitimate. For we will not allow a culture of impunity to develop in this nation.

 

The enquiries, he said, would be pursued to their logical conclusion and "persons of integrity should have nothing to fear. The theme of the conference is "Corruption, the Rule of Law, and Administration of Justice."

 

The Attorney-General said the portrayal of the current trials of former NDC functionaries as an NPP government's grand plan to destabilize and destroy the NDC is far from the truth.

 

"I appreciate the difficulty they find themselves in Monday's vociferous apostles of probity and accountability who, today, shriek witch-hunt, harassment and inquisition whenever the searchlight of these very same principles is thrown upon their conduct."

 

He assured them that whatever measures that are taken against them would be within the strict confines of the letter and spirit of the Constitution and respect for the rules of due process.

 

"There will be no "kangaroo" proceedings under the NPP administration of J.A. Kufuor, which is proving to be the most law-abiding and humane government of recent times," he said.

 

Nana Akufo-Addo reminded the NDC appointees, including former Vice-president Prof. Atta Mills, that the criminal law which they dread so much was introduced by the PNDC and carried into the Criminal Code through Act 458 of 1993.

 

"It appears that Fifi Mills, a respected tax lawyer and presumably a member of this association in good standing, has forgotten that the creation of the criminal offence of causing financial loss to the state through wilful, negligent or fraudulent act, was the work of the NDC party he leads. I trust that the good Professor is not suggesting that the law was intended only for use agains 'citizens' and not for use agains 'the people'," he said.

 

On the arrest of E.T. Mensah, former Minister of Youth and Sports, Nana Akufo-Addo said this was not the first time an MP had been arrested by security forces. And he remarked that the former Minister's greatest complaint about mosquito bites was rather misplaced. He said detainees of the PNDC/NDC era, including the victims of identification haircuts, would be amazed, and amused to hear that mosquito bites were the worst things that could happen to one in prison.

 

"We all know what has gone on in our country these last twenty years. The less said about them the better. The less said about them the better. We must move on from those dark days," he stressed.

 

The Attorney-General called for proper co-ordination between law enforcement agencies and his office, to ensure effective prosecutions of cases. He said the necessity for consulting the Attorney-General's office in the initiation of all prosecutions is to consider not only the "quality of the evidence assembled by the investigators, but also the public interest in launching or not launching a particular prosecution.” It is much better, he said, to do a thorough investigation than to aim for speed and instant justice.

 

Nana Akufo-Addo said the emerging evidence in the unfolding drama of apparently extensive malfeasance being unearthed by wide-ranging investigations into the activities of the last administration reveal that certain "lawyers, by acts of omission and commission, have contributed to the state of lawlessness that permitted what appears to be a veritable plunder of a nation.

 

He urged the Bar Association to enforce ethical norms and practices among its members in their professional dealings with the public and among themselves.

 

He pointed out that there are some lawyers who continue to misconduct themselves and bring the profession into disrepute.  The instruments of discipline should be sharpened to deal with that small group of irresponsible elements, he said.

 

Nana Akufo-Addo said the emerging evidence in the unfolding drama of apparently extensive malfeasance being unearthed by wide-ranging investigations into the activities of the last administration reveal that certain "lawyers, by acts of omission and commission, have contributed to the state of lawlessness that permitted what appears to be a veritable plunder of a nation." –The Statesman

 

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NDC's stand is affront to judicial system - Bar Association

 

Sunyani (Brong Ahafo) 03 October 2001 - The President of the Ghana Bar Association (GBA), Mr Ebow Quashie, has described the statement by the National Democratic Congress (NDC) that its former ministers and appointees will no longer cooperate with probes instituted by the government as an affront to the judicial system and the rule of law.

 

He said what is even more serious is that the statement came from the political and legal committee of the party, which is expected to know better, and noted that "by the pronouncement, the committee has made hollow the NDC's often trumpeted watchword of probity and accountability".

 

He said courtesy enjoins every law-abiding citizen to aid security agencies in their investigations and, therefore, "to make a blanket statement that the former ministers and appointees will not cooperate with such probes is unfortunate".

 

Mr Quashie, who was speaking at the opening of this year's conference of the GBA at Sunyani, stated that the way out of their grievances is not blanket boycott and non-cooperation with the security agencies.

 

He told the NDC that, "there is enough armoury in the law books for dealing with whatever grievances they might have."

He expressed regret about the way the NDC has glossed over the fact that the security agencies, such as Serious Fraud Office (SFO), the Bureau of National Investigations (NIB) and the Criminal Investigations Department (CID), are legally constituted organs of state, charged with the responsibility of investigating allegations in the country.

 

He said the NDC cannot cry over investigations, because the invitations are not to the NDC as a party, but rather individuals who served in the previous government.

 

He questioned whether key figures in the NDC who have called for a probe into the Sahara Affair would not co-operate with the government if any of such probe was set up.

 

Mr Quashie stressed the need for the National Reconciliation Commission Bill to be subjected to serious discussion before its promulgation.

 

He said that even though the people need reconciliation, what is not clear is the mode.

 

He warned that the commission could polarize the country into what he described as "them and us" which would not be in the interest of the nation.

 

He indicated that the commission, as envisaged under the bill, is "ad hoc" with limited duration, and that one important question that needs to be critically looked at is why create a new ad hoc commission for reconciliation when CHRAJ, by its constitutional mandate, has powers to investigate human rights abuses.

 

He stressed the need for lawyers to appreciate and obey the rule of law, applying it in all spheres in the body-politic.

 

Mr Quashie expressed concern on how some lawyers try to manipulate the system for their selfish interest.

 

"We see lawyers aiding litigants to thwart orders of the court with impunity.  We see lawyers colluding with bailiffs to prove false service of court documents on litigants in order to gain undue advantage," he said.

 

The GBA President disclosed that the association is collaborating with UNICEF to set up legal clinics in the regions and districts to help protect the rights of children.

 

He used the occasion to condemn the recent terrorists attacks on the United States. – The Daily Graphic

 

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