End Of Road For Anane

The Commission for Human Rights and Administrative Justice has, from the powers vested in it, recommended to the President of the Republic to sack the Minister of Road Transport, Richard Anane.

The Commission found Dr Anane liable for perjury (a criminal offence), abuse of office and conflict of interest. See P.2 for story

The Statesman believes the CHRAJ findings leave the Minister no option but to hand in his resignation to the Vice President of the Republic. And, we would urge the Presidency to accept that resignation without delay.

There are four important issues that The Statesman has identified from this case. First, it shows that the process of consolidating the institutions of our democracy is very much on course. CHRAJ is working and it is very important for our nation that it does. Indeed, Government’s response to the findings can be expected to affirm or rebut the assertion that CHRAJ is being allowed to work. Second, we believe it would have been in the interest of the doctrine of separation of powers for CHRAJ to make a separate recommendation to Parliament to take the appropriate action against the Minister, who is also the MP for Nyiaeso. This is because CHRAJ found that he perjured before the vetting committee of the House on his under-oath account of the amount of money he has remitted to America for the upkeep of his love child with the American, Alexandra O’Brien. Parliament has inherent powers to deal with acts it finds contemptuous to its powers.

Third, we think it can be argued that CHRAJ overreacted in recommending that all Ministers of State must go on a course on conflict of interest. The fact that one Minister has been found liable of conflict of interest is not enough to recommend such a blanket action. It creates the unfortunate impression that this is a government of serial offenders of conflict of interest. Fourth, we believe there is no other option but for Dr Anane to resign or be pushed. If, as indicated by his lawyer, he feels hard done by CHRAJ, we believe he can go through the remedial process of taking the matter to the law courts. His resignation or dismissal, in our view, should not be seen to have been forced by opposition voices. Dr Anane’s removal from office can only be delayed but not prevented.

In fact, even if he stays put as a Minister and takes up the matter in court and comes out vindicated, such a decision would have the unfortunate effect of bringing the judiciary into some public opprobrium, as it would be readily read by opposition propagandists as a fixed job for the executive. The option best available to him and for the good of all, is to resign and fight his battles in court not as a Minister of State, even if as MP.

Our Government must show the same maturity it has shown in other matters, such as Hotel Kufuor and renovation of the President’s house, and exhibit institutional regard for CHRAJ by respecting this decision of CHRAJ. That institution has done nothing in the past to show that it has an inherent bias against Government.

This is a decision against an individual member of government but not against Government. And, Government would do well not to react stubbornly. Government, the party and the country should be spared the agony of Dr Anane fighting this matter in court while still serving as a Minister. Already, Dr Anane has caused more grief to the New Patriotic Party through, what at best amounts to indiscretion, and at worst, political corruption. It may not mean he is the worst member of Government. But, like it or hate it, he is the one member of government who has had the ‘misfortune’ of being found liable by CHRAJ and being recommended for the slaughter. Politics is a game of hardball. The issue is not about his extra-marital affairs. There is nowhere in the Constitution that mandates CHRAJ or any other body to serve as adultery police. But, Chapter 24, Article 284 of the Constitution states, “A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.” Through our own findings, Dr Anane has consistently shown little disregard for this provision. If he is the true loyalist, that we are still inclined to believe he is to both the government and party, then we believe he should show it by doing the honourable thing and resign. The ruling party must be guided by history. President John Agyekum Kufuor came to power in 2001 on a strong tide of national revulsion against the political dishonesty, sleaze, hypocrisy and duplicity exhibited by the National Democratic Congress government. On top of that were other major factors, such as the mismanagement of the economy and bankruptcy of ideas.

The NPP is on that slippery slope of sleaze but it need not be fatal. The problem is not that you have bad individuals in your government. The problem is when you are seen as a President to refuse to act against the problem. CHRAJ is a primary institution charged with the responsibility of investigating, inter alia, corruption, abuse of power, and conflict of interest. If such constitutional bodies are to be respected and helped to grow in confidence and stature, then the President has no choice but to take their recommendations seriously.

Moreover, to be stiff-necked and mulish about this could leave the unfortunate impression that it is only your opinion that matters where Dr Anane is concerned.

The President and many Ghanaians, including Egbert Faibille of Nationwide hounding, are of the opinion that Dr Richard Anane has been an effective Minister of the Road sector.

The evidence is there in the unprecedented number of road works in the country. In fact, under Dr Anane, and specifically, for the period between 2002 and 2005, Government, aided by its development partners, invested over $ 1.12 billion, (¢10 trillion) in the road sector, alone.

Again, 33 percent of the total national investment budget of 2006 was voted for road construction and maintenance.

But, it is also a fact that more than 50 percent of the roads done under Dr Anane have woefully been behind schedule.

In his own words “over ¢35 billion would have been lost to the state in 2005 through the criminal negligence,” of his monitoring team and contractors. Democracy is built on institutions rather than individuals. Dr Anane’s political vehicle has, at least for now, ran out of fuel. It has come to the end of this particular road. It should not be given any false, forced jump start. The price of keeping that juggernaut of trouble on the road for now would be too dangerous for other road users, and the road itself. But, he is too young and too good in many respects to see this as the end of his career road.