LINSOD replies AFAG

LAWYERS IN SEARCH OF DEMOCRACY (LINSOD) LAUD THE GOVERNMENT OF PROFESSOR MILLS FOR UNCOVERING SHADY OIL EXPLORATION DEALS.

INTRODUCTION:

Ladies and gentlemen of the media, in a recent press statement by Alliance for Accountable Governance (AFAG), that pressure group sought to paint the Administration of Professor Mills as a government out to destroy indigenous Ghanaian businesses. As usual, the name calling was given prominence by the “Daily Guide” on its front page of its edition of January 27, 2010, under the screaming headline “Prez Mills Witch-Hunts Kosmos – says AFAG.” Another newspaper, “The Chronicle”, published the same subject-matter on the same date at page 15 of that paper under the caption, “AFAG rubbishes Government claims.”

THE KOSMOS/EO GROUP ISSUE:

AFAG paddled the simplistic view that, because the EO Group – established by George Owusu, an alleged Ghanaian businessman, and Dr. Bawuah Edusei, Ghana’s outgoing Ambassador to the USA during Kufuor’s Government - brought in KOSMOS USA to find oil in large quantities in Ghana, the current NDC Administration must not scrutinize the business dealings of the EO Group with KOSMOS USA and the Government of Ghana, even if they are rapacious and scandalous. Once the Government of Professor Mills acts otherwise, it must be taken to be going down a path of political witch-hunting. For AFAG, the evidence that the current NDC Government has the penchant to destroy Ghanaian businesses lies in the alleged preference of 25 criminal charges by the Attorney-General against the EO Group.

In the first place, we are taken aback by such a myopic view of statecraft. It is ironic that AFAG espouses accountability in its nomenclature, but resents scrutiny of business transactions which are inimical to principles of probity and accountability. Does AFAG want the NDC Administration to stand by for the looting of the resources of the good people of Ghana to continue indefinitely?

Secondly, it has always been the anthem of AFAG that they stand for the rule of law. But is AFAG telling the good people of Ghana that the matter involving the EO Group should not be taken to the courts of Ghana for determination of the guilt or otherwise of the personalities behind the EO Group? Doesn’t AFAG have trust and confidence in the judiciary with regard to the final determination of the matter?

EXCELLENT CONSTITUTIONAL ROLE OF THE ATTORNEY-GENERAL:

As the Courts are about to take up the KOSMOS/EO GROUP issue, we would not like to go into the nitty-gritty of the case. We, however, congratulate the Honourable Attorney-General for performing her constitutional duties so diligently as to bring the EO Group face to face with the long arms of the law. As the law is no respecter of persons, whatever their political persuasion, be they high or low, businessmen or politicians, we are at a loss as to why AFAG has stooped so low as to pick on the vocation and/or political persuasion of the personalities behind the EO Group. Is AFAG saying that the Oath taken by the Honourable Attorney –General should be discarded any time an issue of financial malfeasance involves Ghanaian businessmen or politicians of the NPP tradition?

Isn’t AFAG aware of the caution given by our courts to businessmen who are out to rape mother Ghana under the guise of business deals? The prudent words of Justice Mensa Boison, JA, as he then was, in the Court of Appeal case of In Re West Coast Dyeing Industry Limited; Adams & Another v. Tandoh [1984 – 86] 2 GLR 561 at page 598 are worth quoting to show the commendable stance of the Attorney-General on the KOSMOS/EO issue:

“But it is a case of balancing the interest of the individual against the well-being of the public. In the bustle of the pursuit of our various vocations, the law stands a silent sentinel as protector of the public. The public needs protection for their investments of credit, whether as shareholders or members of the public at large, from overzealous and fraudulent business adventurers ……”

ALLEGED RELUNCTANCE OF FOREIGN INVESTORS IN GHANA’S OIL FIND : The NPP and its followers regard its years in power between 2001 and 2008 as the “Golden Age” of business in Ghana. As a result, all the constant foreign travels of President Kufuor were justified by the NPP and its supporters on the premise that the President was on the foreign travels to bring foreign investments into the country.

But we are now being told by AFAG, a pro-NPP pressure group, that, “as of 2002, all major oil companies regarded oil exploration in Ghana as high risk and a grave yard. ” ( A propaganda that neglects the fact that at the time EO came to Ghana, there were other oil companies exploring in blocks around jubilee). This propaganda strategy by AFAG is to portray the EO Group as the saviour of Ghana in relation to finding oil in large quantities. But can such an alleged contribution of the EO Group justify murky business transactions frowned upon by the laws of Ghana? This is the crux of the matter, and the earlier AFAG realises this core issue in the matter the better it will be for the good people of Ghana.

STEALING THE RESOURCES OF GHANA BY NPP UNDER THE CLOAK OF DEMOCRACY AND LEGALITY:

AFAG and its mentor, the NPP, have been hiding under the cloak of democracy and legality to steal from the good people of Ghana. For example, how do they expect the fragile economy that the NPP bequeathed to the Government of Professor Mills to finance the colossal and unimaginable ex-gratia awards? How can the NPP as a responsible government sell at ridiculously low prices to many of its Ministers of State, some of its presidential candidates, selected high public officials and private persons in its good books State bungalows at Cantonment, Ridge, Airport and so on and expect the current NDC Government to keep a blind eye to such scandals? Is the NPP bigger than our dear motherland, Ghana?

CONCLUSION:

Nobody is bigger than our dear country, Ghana. If AFAG stands for accountable governance, it should hold its peace for the Courts of Ghana to deal once and for all with all the personalities behind the EO Group scandal. No amount of vile propaganda against the Government of the NDC will deflect it from being the watchdog of the resources of the good people of Ghana.

Dated in Accra this 28th day of January, 2010. Kwabla D. Senanu, SECRETARY, LINSOD.