Judgment Debts Saga: The Way Forward

PRESS RELEASE BY NDC YOUTH FORUM

The NDC YOUTH FORUM has followed with keen interest the issue regarding judgment debts and how they have been incurred over the years. Judgment debts are essentially fault-based liabilities incurred by the state through the omission or reckless acts of public officials who in gross disregard for standards and procedures, take decisions that does not serve the best interest of the state in their dealings with the public. The state has therefore over the years suffered significant hemorrhage in her finances due to these misconducts.

The demands by African Automobile ltd, ISOFOTON SA, and CP in recent times etc have all engendered much public discussion regarding these debts and the reckless manner in which they have been incurred.

The NDC YOUTH FORUM being concerned about the way these debts have been incurred, has come to the conclusion that until examples are set out of public officials through whose WILFUL and reckless conduct the state incurs financial losses; this dangerous phenomenon will not abate.

To bring finality and closure to the judgment debt saga, we invite the NDC government to immediately arrest and charge Mr. Kwadwo Mpiani for causing financial loss to the state under Section 179A (3) (a) of the criminal and other offences Act 1960 which states:

3) Any person through whose wilful, malicious or fraudulent action or omission—

(a) the State incurs a financial loss; commits an offence. (emphasis supplied)

It is now public knowledge that Mr. Anane Forson, the country representative of ISOFOTON SA has made a damning allegation against Mr. Kwadwo Mpiani to the effect that he demanded to be paid 12 % of the €55 Million contract sum and when they objected to that, he decided to abrogate the subsisting contract between ISOFOTON SA and the Government of Ghana, and awarded same to another less competent company.

We the members of the NDC YOUTH FORUM believe that this banter which has turned into political football being played by politicians is inuring to the benefit of the likes of Mr. Kwadwo Mpiani and his cronies through whose willful act the state has incurred financial loss.

We are by this press release appealing to the President to order the immediate arrest and prosecution of Mr. Kwadwo Mpiani for his role in the ISOFOTON SA case.

The argument by Mr. Kwadwo Mpiani that he did not take a unilateral decision but acted on behalf of the President Kufuor-led government is NO DEFENCE. As a public officer, Mr. Kwadwo Mpiani was required by law to carryout lawful orders. Indeed per the judgment in the QUALITY GRAIN case such defence did not avail Ibrahim Adam and co even though they made a strong case of having taken orders from superiors.

Political power when vested in public officers must be exercised in the interest of the state and the public at large. What transpired under the erstwhile regime was the naked use of power, greed and self-centeredness. It is the belief of the NDC YOUTH FORUM that until drastic measures are taken to curb this maladministration, the interest of the state will continue to be shortchanged and few selfish public officers will starve the state of the needed resources required for rapid development of our great country.

Long Live Ghana

Long live the NDC

Kwabena Fio (Chairman NDC YOUTH FORUM)

0244265872