...declares Attorney General
The quest for probity and accountability by the Attorney-General & Minister for Justice, Mrs. Betty Mould-Iddrrisu, from persons entrusted with public money continues to be sabotaged and aborted by a judiciary heavily populated by pro-NPP elements led by the Chief Justice, Georgina Wood.
Yesterday recorded one of such acts of sabotage when an Accra Fast Track High Court discharged a Former Chief of Staff, Kwadwo Mpiani and Dr. Charles Wereko Brobbey, Chief Executive of the defunct Ghana@50 Secretariat of all charges of wilfully causing financial loss to the state.
Justice Samuel Marful-Sau, a Court of Appeals Judge with additional responsibilities as a High Court judge in discharging the two upheld the motion of the defence that under Article 280 of the 1992 constitution, the accused persons were entitled to an appeal at the Court of Appeal because the Ghana@50 Commission of Enquiry had the powers of a High Court. He said by issuing a White Paper on the Commission¹s report, the state had chosen to make the findings a judgement of the High Court, adding that the Attorney-General has the right to prosecute but must follow due process. However, speaking from Namibia where she was yesterday on official duty, Mrs. Betty Mould-Iddrisu slammed the High Court¹s ruling saying the court misdirected itself completely on the issue at stake since she did not intend to present the Ghana @50 Report to the court to endorse wholesale without leading evidence.
Explaining further, the Attorney-General said Article 280 of the 1992 constitution states that six months after publishing the findings of a Commission of Enquiry, the adverse findings become a judgment of the High Court. The accused persons then have six months to appeal.
She, however, said this does not preclude a High Court from trying accused persons on criminal charges.
³The past government prosecuted people indicted by the Wuako Commission in exactly the same manner we followed well laid down precedents. This same high court which tried those people did not find it unconstitutional. Let no one be in doubt that this judgement means that they cannot be tried again² she said.
The Attorney-General explained that she was yet to open her case based on police investigations and evidence not only from the Ghana @50 report. ³I will leave no stone unturned to ensure that the probity and accountability we require from every person entrusted with public money is held accountable and most importantly suffers the penalty for stealing and wasting such funds², she stressed.
³This is an interlocutory proceedings and the court only discharged and not acquitted them. They can therefore be tried again and we will do that by all means,² the Attorney-General vowed.
