CHALLENGES OF THE SPECIAL PROSECUTOR IN FIGHTING CORRUPTION
Who is really sleeping on the job when it comes to dealing with the canker of corruption? Heads of institutions wantonly disregard statutory requests made by the Office of the Special Prosecutor for information and production of documents to assist in the investigation of corruption and corruption-related offences. Public officers have been charged, arraigned before the High Court and their pleas taken only for them to return to their workplaces and work normally as though they have never been suspected of committing any corruption offences. Despite all the powers conferred on the Office of the Special Prosecutor by the law, when heads of institutions continually refuse or fail to support the fight against the canker of corruption by not vigorously applying regulations intended to aid the fight against corruption and other crimes, they ultimately undermine the work and impact of the Office of the Special Prosecutor.
THE SPECIAL PROSECUTOR HAS NO POSSIBLE PROSECUTION LIST
Members of Parliament who wish to gain exception from investigation and possible prosecution for suspected corruption offences will not succeed by applying bi-partisan pressure upon the Office of the Special Prosecutor. Alleging that there is a tall list for possible prosecution of parliamentarians only enables the creation of an artificial bi-partisan smoke screen for purposes of unduly delaying or running away from justice for those accused of the commission of corruption offences. The only way to get the first Special Prosecutor out of office in a bi-partisan manner is by impeachment or to allow the appropriate independent constitutional institution to do so.
THE ROLE OF RELIGIOUS BODIES IN FIGHTING BRIBERY AND CORRUPTION
Good religious bodies are the moral and ethical compass of social and political organizations and are better adapted to the preventive role of fighting corruption: they have over the years effectively served as corruption prevention social and political organizations in Ghana. Their contributions to the establishment of the Office of the Special Prosecutor attest to their positive preventive role in the fight against corruption. The Office still needs the active support of good religious bodies not only in the prevention of corruption but also to protect its independence and give it the free room to treat corruption and corruption-related offences as purely criminal offences without fear or favour, affection or ill will. Good religious bodies cannot afford to let this last experiment in fighting corruption and corruption-related offences in Ghana be captured again by the political elite just for political point scoring. They have a spiritual and temporal obligation to ensure that the wellbeing of the nation is put above the greed and avarice of the political elite as good religious bodies have tenaciously demonstrated in Ghana over the years.
STOP POLITICIZING PURELY CRIMINAL CONDUCT
To correct recent factual misrepresentations in media and on WhatsApp, herewith my response to assure the public that while I occupy the role of Special Prosecutor, crime will always be treated as crime and no political party card can act as an insurance against investigating and/or prosecuting any offences that fall under my mandate under the Office of the Special Prosecutor Act, 2017 (Act 959).
THE WHITAKER SCENARIO – STIFLING INDEPENDENT INVESTIGATIVE AGENCIES OF FUNDS
The resignation of former US Attorney General Jeff Sessions and the appointment of Matthew Whitaker as Acting Attorney General have generated a debate about what is now called the Whitaker scenario of reducing the budget of the Mueller investigations “so low that his investigation grinds to a halt”. The Whitaker scenario reinforces the fact that an effective way of stifling the fight against corruption in Ghana is to apply the Whitaker scenario. It reminds one of the almost utter hopelessness in which the newly established Office of the Special Prosecutor finds itself almost one year after the President caused its establishment as his flagship and vision to fight corruption in Ghana with an overwhelming national consensus and support. There is a missing link in Ghana provided by the Whitaker scenario to which civil society and all patriotic citizens should wake up or forever stop blaming the President for any failure in the fight against corruption. Prevent corruption now! Act now! Save Ghana now!
ROLE OF SP IN STRENGTHENING ACCOUNTABILITY
The Office of the Special Prosecutor is Ghana’s new anti-corruption agency. With its prosecutorial powers, it is being seen by many as an expected solution to the problem of corruption in Ghana. However, the nation’s inability to adequately resource and guarantee the independence of law enforcement from politics has affected the fight against corruption over the years. Unless there is a change of attitude in practice, the Office of the Special Prosecutor Act may soon be seen by the public to be, like its predecessors, a delusion and not an achievement.
THE OBLIGATION TO RETURN SUSPICIOUS PAYMENTS
All citizens and public officeholders should know their obligations concerning banking transactions. I am sharing my most recent experience in this matter with the public as part of my prevention of corruption duty to let citizens know that the responsibility is upon citizens to instruct their bankers to return suspicious payments of public funds into their accounts. A Bank is under penal statutory responsibility to report suspicious transactions to the appropriate agency of Government and the customer is under a banking responsibility to call the Bank’s attention as soon as he notices any suspicious transactions or payment into his account or to give the Bank such standing instructions as will protect the account holder.
AMANKWAH & ABIGAIL MENSAH PETITION AGAINST MARTIN AMIDU
I will always put Ghana First before Party as demanded by the 1992 Constitution. Indeed, the NDC Constitution itself recognizes that it is inferior to the 1992 Constitution. It does not abolish the right of NDC members to exercise their supreme rights as citizens of Ghana to defend the 1992 Constitution against acts of NDC members and Government and even against the NDC Constitution itself when it is inconsistent with and in contravention of the said national Constitution. The Woyome/Waterville case underpins all my actions in the Supreme Court and writings since 2012 and I do so in defence of the Constitution and laws of Ghana which are superior to the NDC Constitution. I will rather defend the 1992 Constitution than be intimidated by John Mahama, Woyome, and their surrogates’ unconstitutional petitions.
THE SP COMPLAINS AGAINST A SUSPECT- MAHAMA AYARIGA
Ghana cannot fight the canker of corruption and corruption-related offences when people expect the Special Prosecutor to have regard to the personalities involved in the commission of corruption offences instead of treating every crime as crime without fear or favour, affection or ill will. I stated clearly on oath at my vetting for this Office that I was not going to tolerate any interference or obstruction from anybody or organ of Government other than the courts of law in the performance of the independent functions of my office.
AYINE VS ATTORNEY GENERAL & AMIDU
Professor Assibi Amidu of NTNU Norwegian University of Science and Technology, Norway and Martin Alamisi Amidu of Bawku/Accra are today, the 9th March 2018, celebrating the final transition and exit of their beloved mother, the late Atiisah Amidu, who died on 6th March 2016. The family wish to thank all those who have supported and sympathized with them during her death and final transition and farewell ceremony in accordance with Bulsa custom and tradition.
MARTIN AMIDU'S STATEMENT OF DEFENCE
Professor Assibi Amidu of NTNU Norwegian University of Science and Technology, Norway and Martin Alamisi Amidu of Bawku/Accra are today, the 9th March 2018, celebrating the final transition and exit of their beloved mother, the late Atiisah Amidu, who died on 6th March 2016. The family wish to thank all those who have supported and sympathized with them during her death and final transition and farewell ceremony in accordance with Bulsa custom and tradition.
FINAL TRANSITION & EXIT OF MADAM ATIISAH AMIDU OF BAWKU/KADEMA
Professor Assibi Amidu of NTNU Norwegian University of Science and Technology, Norway and Martin Alamisi Amidu of Bawku/Accra are today, the 9th March 2018, celebrating the final transition and exit of their beloved mother, the late Atiisah Amidu, who died on 6th March 2016. The family wish to thank all those who have supported and sympathized with them during her death and final transition and farewell ceremony in accordance with Bulsa custom and tradition.
ACCEPTANCE SPEECH OF THE SPECIAL PROSECUTOR
In accepting the position of Special Public Prosecutor, I thank the President and the Attorney General sincerely for the trust they have put in me and in my capabilities. Above all I also wish to thank and assure Ghanaians that I will do my best to vindicate the trust that the whole nation put in me at my nomination and nomination approval hearing. Be assured that I will not be daunted from prosecuting all corruption crimes once a suspected offender is established by investigations to have committed offences prosecutable in the national interest. Let us put Ghana First!
MARTIN AMIDU’S PARTING THOUGHTS AS CITIZEN VIGILANTE
My response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality. Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain. The parting thoughts in this article are in recognition of the fact that as a quasi-judicial officer, after my appointment I will have to behave as a justice of the superior court will do and will henceforth be unable to answer to several unfounded criticisms.
SPECIAL PROSECUTOR PUBLIC HEARING
I would like to thank my well-wishers for their outpouring of support, and I am grateful for each one who has expressed a desire to attend my nomination hearing in person. However, the Parliamentary Service letter has an express “Notes for Nominees” attachment that limits the number of supporters of the Nominee that will be allowed at the venue for the Public Hearing. I have therefore distributed my limited invitations on a first call basis, whether I knew the person or not. I hope others will participate in the nomination hearing by viewing the event on television. Regardless of the outcome, I am humbled to know from the endless calls made from across the country that the President’s nomination for the Special Public Prosecutor has overwhelming support.
WOYOME’S SUSPECTED CRIMES & THE MISSING LINK
Thank you, Mr. Kweku Baako, for not allowing the matter of “the missing link” in the Woyome criminal saga to die a natural death for lack of any public voice. If the present Government was really bent on fighting corruption, there are other aspects of the Woyome case which it could pursue. One of the problems faced by some of the appointees of the current Government is the ability to go beyond the biased advice being proffered to them by senior public officers they inherited from the previous Government. Unfortunately, some officers who earned their mid-night promotions protecting the looting and covering up of the activities of the previous Government, are still at work. They have no interest in pointing out residual matters in the Woyome case – and in the end, it will depend on the personal commitment, the energy and industry granted by the present Government to fish out those “missing link” matters.
THE AFRICA COURT & WOYOME DEAL WITH A PURELY CIVIL CASE & EXCLUDE THE BENEFICIARY PLAINTIFF
Does the Africa Court have jurisdiction to hear a purely civil case between a private citizen, Amidu, against the Republic as a nominal defendant and another private citizen, Woyome, by admitting Woyome as the applicant and substituting the Republic as the defendant before the Africa Court? Until execution is completed I am still the plaintiff and the case continues to be a civil case between two private citizens. Woyome’s present scheme of using the side door to eliminate me from the case at the Africa Court allows him to procure sweet victory under the regime of President Nana Akufo Addo, and will mean that the people of Ghana will lose the benefit of the judgment I obtained against Woyome at the Supreme Court.
MR. PRESIDENT, THINK LONG BEFORE SIGNING THE MAJOR MAHAMA TRUST ACT
The Major Mahama Trust Fund Bill that was laid on 24th October 2017 and passed by Parliament on 8th November 2017 for the President’s signature suffers from several constitutional, legal and policy defects. It also seriously undermines and puts to naught several provisions of the Armed Forces Act, 1962 (Act 105) as revised, and Regulations made thereunder to compose and regulate the conduct of the Ghana Armed Forces. I am therefore writing to add my voice to three written and published appeals by three well-meaning citizens to His Excellency the President, Nana Akufo Addo to think long before appending his signature to the Major Mahama Trust Bill.
AMIDU’S EMAIL TO THE EDITOR ON “STOP LYING IN GOD’S NAME”
The words “time dependent pseudonym” in cyber language and criminal investigations have a fixed and known meaning and a mere claim of authorship of the article by Ohenenana without more does not criminally exonerate Ablakwa from responsibility for using the time dependent pseudonym in real time in cyber security theory and law. It does not mean that no person called Andrews Krow in real life exists. It simply means that in real-time Ablakwa depended on that name as his pseudonym. The use of the time dependent pseudonym Andrew Krow by Ablakwa cannot, therefore, be speculated to be an inconsistency or an error even by Modern Ghana who published the article with the time dependent pseudonym article carrying Ablakwa’s real name and rank name at the tail end of the article. The claims and denials are clearly a criminal enterprise in cyber space. I act upon legal evidence and actionable intelligence not speculation, so kindly publish my rejoinder to Ablakwa.
STOP LYING IN GOD’S NAME HON. ABLAKWA
Hon. Samuel Okudzeto Ablakwa, you are characteristically continuing your efforts to draw attention away from the evidence of your previous bad character on which I adduced documentary evidence in my article on your insulting behavior with the mischievous denials in your latest post, which I have read. You are boldly attempting to surpass even Paul Joseph Goebbels in the art of denying the obvious in God’s name. Kindly just explain to the public how your article “On Development In Kenyan…” published on myjoyonline.com in your real name and Parliamentary rank on 4th September 2017 was published on modernghana.com on the same day in your time dependent pseudonym Andrew Krow and stop your childlike and mischievous denials (Emphasis supplied). I am done with responding to your continued mischief. Truth always stands!