Over the past weeks, a whitish animal named cocaine has invaded our dear nation, Ghana. Both the print and the electronic media have been on the trail of this whitish animal to determine its owner. However, this whitish animal has the coloring of a President and that of a citizen. The unique position of the animal has resulted in a very hot crossfire between the President and the citizen for ownership. As a result, the whole nation has been thrown into utter amazement and confusion. It is in this confused state of mind that I am trying to ask certain fundamental questions and undertake an examination of some events that have unfolded so far. I therefore plead for a pardon if I do not sound intelligent enough. Even as I write I am in pain knowing very well that I will be deliberately misunderstood and misinterpreted. However, I find it more difficult to live in the prison of my conscience than make known my candid opinion and position on this matter.
The President declared the ‘Golden Age of Business’ and since then entrepreneurship has been introduced into some of the universities’ curriculum. More so, the President is at the forefront trying to secure business partnerships and strategic alliances both in the public and the private sector. Nevertheless, since the day the President went to town on Rojo Mettle-Nunoo, events that have unfolded thereafter should be of much concern to every well-meaning citizen of this country, as these events if not carefully managed may change our attitude and conduct towards foreign businesses and partners.
Rojo Mettle-Nunoo is being accused of rendering “unwholesome” consultancy service to a legally registered company, Compimchex Limited. It is necessary to examine these accusations or allegations in order to determine whether all of us by rendering these mundane services in the business sector may at a point in time become culpable of crime.
1. Rojo Mettle-Nunoo was refered to by H.E President Kufour as a “partner” to Compimchex Ltd. Rojo has denied this allegation and I believe any good intentioned journalist can easily crosscheck this. In corporate usage, a partner in a company is a person who is a legally registered shareholder or a subscriber to the regulations of the company.
The Directors are held liable for the acts of the company when the company as a legal entity is accused of a crime. Directors are not partners in the company unless they are registered shareholders or subscribers to the regulations of the company. In this situation, Compimchex Ltd has never been implicated in drug dealing. It is alleged that some of the partners in their individual capacities have been engaged in drug trafficking. Does that make the innocent partner, or director or employee culpable of drug dealing as well? For the sake of analysis, assuming that Rojo is a shareholder/partner/director of Compimchex Ltd does this make him culpable of dealing in drugs? This new development implies that any businessman who has engaged a partner would be held responsible for the crime committed by his partner.
A Consultant is not a shareholder, or a Director of a company that he/she renders his/her services to unless his/her name also appears in the register of shareholders or the appointed directors of the Company. If consultancy firms could be regarded as shareholders or partners in the firms to which they provide consultancy services, then all Consultancy firms including legal service providers would be considered partners/shareholders to the numerous companies that they render their services to. If Rojo was a Consultant to Compimchex Ltd, could he be called a shareholder or partner in the company? Several Lawyers have confirmed to me that once Rojo’s name does not appear in the register of members or as a subscriber to the regulations of the company, then there is absolutely no legal basis for making such an inference.
Could he also be accused of drug dealing by virtue of him being a Consultant? What is the legal basis for that accusation? Can a businessman in the course of dispensing his services to his client become guilty of a crime by association? Under which article of our constitution or section of our criminal code does a person become guilty merely by being associated to the culprits? The issue that I am driving at here is not about the President and Rojo. It is about principles, practices and customs of the business community which when undermined and manipulated by a government will send dangerous signals to the business community and affect the way we conduct business.
More importantly, when the President declared the ‘Golden Age Of Business’ did he provide the business community, Parliament, Foreign investors and their international trade attaches, Registrar Generals’ Department, GIPC, the Free Zone Board, CEPS, IRS etc. with a policy blue print which at best caution Ghanaian businessmen about the hazards of associating with certain nations and nationals of doubtful character? Did the President put in place foreign policy on Globalisation to bar, prevent, exclude, disqualify, and preclude foreigners of doubtful characters from establishing businesses and opening Bank accounts in this country? No!!! By this statement, is the President telling the business community to ask their potential business partners, and the people that we render services to, their sources of income? This is unethical in business. Partnerships are formed on the principle of utmost good faith. It is not the responsibility of the businessman to investigate the source of his client’s or partner’s money. Even if the simple businessman in Ghana had this responsibility, the question is, does he have the capacity to investigate the source of his potential business partners income? Or as to whether his potential partners’ office is on Wall Street, Thread Middle Street or is actually a hairdresser’s salon in some unknown part of London? If a shareholder/partner within the meaning of the law cannot ask such questions of his business partners can a lowly Consultant ask these questions? A consultant merely renders services and is paid for these services. The best a businessman in Ghana can do is to sign a partnership agreement. He does not ask for the source of his partner’s income. It is the responsibility of the security agencies to protect the business community from criminals masquerading as businessmen and the responsibility of the banks through whom the funds are brought to determine the source of the funds.
According to Rojo Mettle-Nunoo, in his capacity as a Consultant to Compimchex Ltd he advised Geraldo and assisted him in an adhoc manner to establish a bank account, and negotiate a land lease from the free-zone enclave. The question is do these acts amount to criminal activity? If no, then there is nothing against Rojo. In any case, who is placed in the best position to offer the above services to foreign investors? Of course only a local person or consultant who understands the terrain and knows the regulations and procedures of the country is so well placed. Did Rojo circumvent the existing procedures? To date, there is nothing indicating improper conduct on the part of Rojo. It is normal and acceptable business practice that foreign investors all over the world rely heavily on local persons such as friends, companies and consultants to assist them in the registration of their businesses, locate and negotiate office accommodation, and even assist to arrange to meet government appointees when necessary. This business practice is so mundane to the business sector that, it is rather surprising that Rojo is being accused of drug dealing because he happened to render to Compimchex Ltd some of these services. How on earth will a consultant know that the foreign shareholders of a company deal in drugs?
2. It has also been alleged by the NPP General Secretary, Crusading Guide Newspaper, and Daily Guide Newspaper that, Mr. Rojo Mettle-Nunoo arranged visas and hotel accommodation for the two Venezuelans currently under police custody. It is unclear where they got this information from or the source of their information. Rojo stated at the committee in unambiguous terms that as part of helping to organise the first Afrodita show (exhibition of Afrodita lingerie) he, acting on behalf of the Company Compimchex Ltd (and not in his personal capacity), helped draft the letter to Immigration Service with respect to the models and Afrodita team coming to Ghana. He also helped Vicente Croes, one of the Directors of Compimchex Ltd with a re-entry application. Most countries require that when you are visiting a host country for business or visiting a relative or friend, the business associate or client must write to justify your entry into the country. I believe Rojo as a Consultant assisted or facilitated in drafting a letter. And the purpose of facilitating their entry into the country was to exhibit Afrodita lingerie. Do we call this an “extensive immigration and protocol services” as alleged by one well known newspaper? There are individuals (in their personal capacities or agents of their companies) and companies in this country and around the world that assist tourists, businessmen, and corporate organisations with their visas, ticketing, and provide hospitality services. Evidence abounds in this country where some of these tourists and businessmen happen to have committed heinous crimes such as sodomy, fraud, 419, printing of fake currency etc. Does that automatically make the individuals or companies that arranged their visas and ticketing culpable of the crimes such persons have committed?
Did Rojo Mettle-Nunoo bribe any Immigration Officer to circumvent the process of acquiring visas? Did he go to the airport as an imposter Immigration Officer or did he of his own volition go onto the tarmac to ferry the Shareholders/Directors of Compimchex Ltd without passing through immigration procedures? Knowing very well the composition of the security services at the airport i.e. BNI operatives, CEPS, Immigration, Civil Aviation, The Police, and Airport Security it is unthinkable for a well known politician in the opposing party to attempt any of these. If Daily Guide stated that Rojo was economical with the truth what do they seek to imply? Why has some section of the media turned themselves into a “competent court of jurisdiction” to publicly prosecute Rojo? It is very worrisome and appalling.
Mr. Rojo Mettle-Nunoo has not been implicated by any of the suspects of drug dealing, nor was he implicated in an alleged cocaine bribery scandal. His name has never come up anywhere so far of his direct or indirect involvement in drug dealing. No competent court of Ghana is trying him. In actual fact he is not at the center of the matter before the commitee, nor was he a star witness or suspect in any of these allegations. Furthermore, Mr. Mettle-Nunoo was not under any obligation whatsoever to appear before the Justice Georgina Woode Committee. The Justice Georgina Woode Committee has itself stated that it has no legal mandate to subpoena Rojo or any other witness to appear before it. Mr. Mettle-Nunoo voluntarily appeared before the Committee to clarify and put the records straight regarding rumors being peddled about him in some section of the media.
Why have the President, some NPP MPs, and some section of the media used Rojo’s testimony before the committee to crucify him? The testimony he gave relates to mundane activities in international trade transactions. Why deliberately put a spin on Rojo’s testimony and use them to incriminate him? The business community is keeping quiet over this issue. It is a dangerous phenomenon that does not augur well for healthy international business. If Mettle-Nunoo is culpable of doing drugs or dealing in drugs, establish this by producing cogent evidence and let a court of competent jurisdiction try him. Do not manipulate the principles, customs, and practices common with international business transactions to incriminate him. It is a dangerous precedence.
For the President of our country to mount a platform and say that ‘now we know the people who have brought the cocaine into the country ……. it was somebody who was the campaign manager for a major political party” “this man can be said to be in the leadership class of Ghana. He is the one who was trying to get somebody elected President of Ghana. Supposing this man had succeeded and with partners like we are saying where would the economy of Ghana be. Where would the honour of Ghana be?’ Your Excellency, I humbly suggest to you that this is a damning and unfortunate statement. By word of mouth, you have crucified Mettle Nunoo, his descendants and the Mettle-Nunoo family. I may be ‘illiterate’ in legal matters but I have no doubt in my mind that this is a statement of fact that Mr. Rojo Mettle-Nunoo is culpable of drug dealing and that you have abundant evidence incriminating him. If this is the case then Rojo should be arrested and prosecuted.
As the President of this country you wield enormous power. Your statements are not taken lightly and are acted upon swiftly by the security agencies without you necessarily giving any instruction. Under these circumstances, Rojo Mettle-Nunoo felt betrayed by the very person he wanted to help solve this drug menace and for which he voluntarily appeared before the Justice Georgina Woode Committee. His heart boiled with so much anger and bitterness. He realised how vulnerable he and his family had become by the statement of the President. He knew he could not sue the President, because the very Constitution that purports to protect him and give him equal rights before the law bars him from seeking legal redress against a sitting President. In desperation, frustration, and fear he used the only opportunity legally available to him to defend himself; his freedom of speech. In his frustration he unleashed all his defensive/offensive arsenals with very strong words. The very people who applauded the President for accusing Rojo turned round to castigate Rojo for speaking too much and too loud against the President. They openly called for his arrest. Some have openly threatened his very person and life by giving him a 48 hour ultimatum to apologize to the President. Are the police taking any action in respect of these threats? The Chronicle Newspaper dated 21st August 2006 carried the names of the people who issued the threats.
Yet again the nation is turning a blind eye to these dangerous precedents that are being set. Maybe we see Rojo Mettle-Nunoo as a distinct political animal that must be left alone to dance to the tunes and rhythms of politics. To me Rojo Mettle-Nunoo is a citizen just like any of us and deserves equal and fair treatment. Indeed we watch with trepidation, we watch with fear and we watch with anxiety. When we continue to behave like the ostrich, one day the lasso will be around your neck and again the nation shall watch in silence.
May the good Lord bless the good people of Ghana. Long live Ghana.
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