When is a Conflict of Interest

Read Article

Comments (23)

This article is closed for comments.

Read Comments Comments (23)

TUTUI 11 years ago

ASIEDU NKETIA TAKING OVER SUPPLIES FOR THE BUI DAM, OBETSEBI LAMPTEY BUYING STSTE PROPERTY & BETTY IDRISU DOING THE SAME

ASIEDU NKETIA TAKING OVER SUPPLIES FOR THE BUI DAM, OBETSEBI LAMPTEY BUYING STSTE PROPERTY & BETTY IDRISU DOING THE SAME
OLIVER TWIST 11 years ago

Kwaku,

Welcome to Charlotte, NC for the conference. I look forward to fruitful discussions with you later today.

Thanks for succinctly dissecting this issue. Unfortunately, it's only in our part of the world that public ...
read full comment

Kwaku,

Welcome to Charlotte, NC for the conference. I look forward to fruitful discussions with you later today.

Thanks for succinctly dissecting this issue. Unfortunately, it's only in our part of the world that public officials can get away with such blatant and brazen disregard for ethical and legal principles.
Swapna Guduru 11 years ago

Kwaku, mese hmmmmmmmmmmm. I also believe that you meant the president has an extremely "limited understanding of conflict of interest" instead of otherwise as stated in this write up. Fight on, my brother!

Kwaku, mese hmmmmmmmmmmm. I also believe that you meant the president has an extremely "limited understanding of conflict of interest" instead of otherwise as stated in this write up. Fight on, my brother!
LONTO-BOY 11 years ago

The importance of Conflict of Interest as an issue in our Ghanaian public life and governance is rife, and well worth considering how those conflicts are dealt with.

As indicated by this article, the then Vice-President Ma ...
read full comment

The importance of Conflict of Interest as an issue in our Ghanaian public life and governance is rife, and well worth considering how those conflicts are dealt with.

As indicated by this article, the then Vice-President Mahama's attendance and presence at the meeting called by the then President Mills over Merchant Bank's serious financial troubles, caused partly by default on loans by businesses, including, Engineers & Planners[E&P]owned by Mr Ibrahim Mahama( President Mahama's biological brother) basically, did raise ethical and conflict of interest questions regardless of his position as the then Vice-President.

President John Mahama has a strong personal connection to his younger brother Ibrahim, even, if not a business interest in Ibrahim's E&P. Clearly, John Mahama's presence alone at the Ministerial meeting over the state of Merchant Bank did inhibit open discussion, decisions and actions on the Bank's debt recovery.
Kofi Ata, Cambridge, UK 11 years ago

Azar, Happy New Year. I know we haven't spoken for some time now.

Listening to President Mahama's response that he never breached conflict of interest did not only portray his lack of understanding of conflict of interest ...
read full comment

Azar, Happy New Year. I know we haven't spoken for some time now.

Listening to President Mahama's response that he never breached conflict of interest did not only portray his lack of understanding of conflict of interest but also their (he and late Mills) incompetency. If a meeting is called at the highest level to discuss the distress of a state bank that the President appoints the Board and nothing is done to resolve the matters that led to the distress, then why did the meeting take place in the first place?

Whether anything was done or not done, by the mere attendance of the meeting, he breached conflict of interest rule. This is particularly true because of how family or extended family interests are dealt with in Ghana and most developing countries. Again, because of how powerful people in authority are regraded in society and finally, due to the weaknesses of public accountability institutions over senior and powerful public officers.

I laughed at your description of his understanding of conflict of interest as "he has an extremely unlimited understanding of conflict of interest". I discussed this matter with a friend in New York who had discussed it with a former colleague in Ghana. According to my friend, those of us in the Diaspora appear to have a higher standard of conflict of interest and other issues on governance, accountability, rule of law, etc. than those at home. Perhaps, that is why President Mahama is deceiving himself that he has not breached any conflict of interest rules. I disagree with such understanding in Ghana because conflict of interest is conflict of interest, whether in Ghana, UK or US. That is what Ghana should aspire to.

The matter is even worst with the involvement of Tony Lithur, President Mahama's personal Attorney and moreover the Attorney General and Minister of Justice who is also a partner in Tony Lithur's law firm. I wonder if the Attorney General and Minister for Justice has put her shares and interest in the law firm into a trust, otherwise, she cannot be Attorney General and Minister for Justice.

Yes, there is no doubt President Mahama breached conflict of interest by attending the meeting involving Merchant Bank's distress. However, I am not sure if that such a breach is a crime that could lead to his impeachment, though it is still a breach of the Constitution.

I am not a lawyer but my understanding is that breaches that could lead to impeaching the President are very very serious. In other words, the bar for impeachment is set higher. I stand corrected but some form of sanction by way of caution from Parliament would have been ok. But in Ghana with NDC in the majority in the House, nothing of that sort will ever happen under this Parliament.
LONTO-BOY 11 years ago

MASSA KOFI, this isn't whether conflict of interest could reasonably be perceived to arise by President John Mahama's ministerial position, and his brother's business interests in this Merchant Bank financial troubles and the ...
read full comment

MASSA KOFI, this isn't whether conflict of interest could reasonably be perceived to arise by President John Mahama's ministerial position, and his brother's business interests in this Merchant Bank financial troubles and the takeover by FORTIZ. Clearly, conflict of interest as you could possibly imagine occurred.

President John Mahama's personal defence against accusations that he has demonstrated absolute propriety and impartiality over this whole saga is hollow.
Mr. Figure-Out 11 years ago

For me, I have no qualms with whatever definition president Mahama coin for " conflict of interest",the saddest part of this whole brouhaha, which raises eyebrows and possibly fault the credibility of the sale of the bank to ...
read full comment

For me, I have no qualms with whatever definition president Mahama coin for " conflict of interest",the saddest part of this whole brouhaha, which raises eyebrows and possibly fault the credibility of the sale of the bank to Fortiz, is the involvement of the lawyer and a "lobbyist" Tony Lithur, who double as a personal lawyer to Mahama and his Trokosi half brother, Ibrahim, and the same also representing Fortiz. Until the general public is made known the owners of Fortiz,some of us would be compelled to conclude that Mahama and his brother are the real architect and " engineers and planners" of the dubious Fortiz financial equity. President Mahama would be facing impeachment by now if Ghana were any serious nations without the incompetent corrupt Zombies malingering and parading the corridors of power.
Kobena 11 years ago

Kofi,
It is not a matter of "those at home not knowing what conflict of interest is." Even at the Odikro's court, when a complaint comes up about his blood relative or close friend, the Odikro excuses himself from the procee ...
read full comment

Kofi,
It is not a matter of "those at home not knowing what conflict of interest is." Even at the Odikro's court, when a complaint comes up about his blood relative or close friend, the Odikro excuses himself from the proceedings until judgement is pronounced.

At a JSS PTA meeting, an executive member excuses himself/herself if there is a discussion about his or her child.

For the law professor Atta Mills to call his VP to sit in that meeting was untenable. He and John Mahama knew exactly what they were doing, and Mahama's explanation is just cock and bull. It is exactly the same fibs they told about the fraudulent Brazilian Braer aircraft deal.The way the Presidency, the AG's Department and our courts are behaving, it will not be long before we begin to hear of mob actions in our country. The president's behaviour in this Merchant Bank saga is a complete disgrace!
Kontronfi 11 years ago

Like Kwaku Azar,who has become an authority on the law,just awoken to all the issues that had been swirling around in this country about this subject?
I personally, would have told Prof. Mills to allow me to distance myself ...
read full comment

Like Kwaku Azar,who has become an authority on the law,just awoken to all the issues that had been swirling around in this country about this subject?
I personally, would have told Prof. Mills to allow me to distance myself from any discussion of the matter for the very reason that this whole brohaha is going on. I have just listened to Jake Obestsbi Lamtey,a mfr, senior minister in the Kuffour administration,participate in a public discussion on today`s edition on JoyFM`s Newsfile,and argue streneously that his 'acquisition' of a state bungalow he previouysly occupied did not amount to conflict of interest! Really? Now check this:
The Chief Engineer of the defunct Ghana Airways,who had had lived in a corp`s bungalow for more than a decade,was bypassed when the property in question, was on the auction block, in favour of a 'political- insider',Ursula Owusu,the current NPP MP for Ablekuma West. My point here is simply that all these 'noise-makers',including Kwaku Asare,who only see 'red' in particular instances involving their political opponents, should give us a break,and abandon their desultory attempts to run down the Mahama administration.
Look,we have heard about situations when senior Judges presiding over sensitive cases,have been accused of expressing glee and satisfaction after sending a defendant to jail. Did the current CJ not gladly accept an allocation of a choice parcel of land from a previous administration,only to turn around and give it up,when there was a change in govt in 2009? Also,did the entire judiciary,as an entity, not gang up on a handful of attorneys who had raised the issue of corruption within that arm of our govt?
What creates confusion in thwe minds of citizens on this subject matter is the lack of consistency on the part of these self-appointed 'guardians' of our constitution/law,who always create the impression that only their cause is a genuine and patriotic one!
I mean,why is Kwaku Asare deliberately creating the impression that the collapse of Mechant Bank can be attributed to Ibrahim Mahama`s indebtedness to the bank, even when a die-hard critic of any NDC govt,Abdul Malik Kweku Baako, has indicatd the bank`s woes centres around its inabilty to innovate and keep up with changing trends in the banking industry? Why is a Prof. Accounting,ignoring the fact that E & P`s portion of Mechant Bank`s loan portfolio was only 16 %,and that of the remaining 74 %, much of it was owed by NPP 'big fish'who had simply refused to pay,long before E&P became deeply inlvoved with the bank in 2007-8? And what really caused Merchant Bank to unilaterally vary the terms of the loan facility which made it impossible for the comany to carry out its operations,and therby service it debt obligatons to the bank?
I have watched people in position of authority,and deeply involved with this matter like Akoto Osei,then Min of State at the MOF,'fumble' all over the place with this very pertinent,but key question! Kwaku Azar, as usual,is being 'economical with truth' in this case. His one-sided article dressed up as something different will only win him 'browney points' with those who sheepishly latch on to his kind of propaganda!
Mr. Figure-Out 11 years ago

Kontrofi that is the main reason we have what is politically termed as opposition. What opposition is suppose to do is to criticize constructively to put governments on their toes and which I believe this is exactly what Prof ...
read full comment

Kontrofi that is the main reason we have what is politically termed as opposition. What opposition is suppose to do is to criticize constructively to put governments on their toes and which I believe this is exactly what Prof Kwaku(Ananse) Asare has precisely done. Ghanaweb is a public forum where rebuttals are always welcome. Make a counterclaim if you have the guts.

Kontronfi 11 years ago

The hypocrisy of "Prof Kwaku(Ananse) Asare" [your description,not mine].
Look,the worse Pres. Mahama may be guilty of here is the exercise of "poor judgement"! Is anybody involved in this dicussion going to stick out and tel ...
read full comment

The hypocrisy of "Prof Kwaku(Ananse) Asare" [your description,not mine].
Look,the worse Pres. Mahama may be guilty of here is the exercise of "poor judgement"! Is anybody involved in this dicussion going to stick out and tell me that Js. Anin Yeboah,a University roommate and longtime bossom buddy of Owusu Afriyie[Sir John,who attended the Justice`s recent wedding a montn or so ago], was in confict of interest situation, when he Js. Anin Yeboah,sat in on Afriyie`s 'mini-trial' last year? And don`t let anybody give me a song and dance about what transpired in the SC chambers! Even though I did not hear him speak about 'Sir John' or any of the individuals who appeared before the panel,he was,for all intents and purposes,actively engaged in the delibearations. I am not for a moment suggesting that he was in a conflict situation,but we was there! So this pious rantings and ravings about the Pres,then a VP,in the company of others,involved in 'big meeting',where no dirwectives were issued to offer any preferencial tyreatment to the company of his younger sibling, cannot,and should be misinterpreted into something borering on impropriety! Let`s focus on building this country an stop this blantant effort to stymie progress!
Amega 11 years ago

You are shamelessly coming here to state that Jake obtained a bungalow corruptibly ( which he did) so it's OK for Mahama's brother to steal $38million from Ghanaians. Even though theft is theft, can you compare the value of t ...
read full comment

You are shamelessly coming here to state that Jake obtained a bungalow corruptibly ( which he did) so it's OK for Mahama's brother to steal $38million from Ghanaians. Even though theft is theft, can you compare the value of the two crimes? I can only guess that you are one of the NDC thieves, and you are thinking it is also your turn to steal. What about the country Ghana? If I have my way, what happened in 1979 would be a child play. There is too much dishonesty and fraud activities in Ghana now, and we need a strong deterrent to stop it.
DOUBLE FOOL 11 years ago

Some of you have allowed party and tribe to swirl your brains.

Some of you have allowed party and tribe to swirl your brains.
GIRLS SP 11 years ago

CONFLICT OF INTEREST IS WHEN TONY LIHUR & TSIKATA DEALS WITH ATUGUBA IN THE INTEREST OF THEIR NDC PARTY AND PAY MASTERS.

CONFLICT OF INTEREST IS WHEN TONY LIHUR & TSIKATA DEALS WITH ATUGUBA IN THE INTEREST OF THEIR NDC PARTY AND PAY MASTERS.
Mabia 11 years ago

When we reduce serious issues to partisanship and tribalism, we tend to debase the subject and issues. We have unfortunately, done the same under all governments under the fourth republic and people are therefore compelled to ...
read full comment

When we reduce serious issues to partisanship and tribalism, we tend to debase the subject and issues. We have unfortunately, done the same under all governments under the fourth republic and people are therefore compelled to align appropriately to spite people like you.
This issue has no tribal undertones and should be treated by all of us as national issues with questions, demanding national answered.
Benash 11 years ago

Mr. Kwaku Asare thanks so much for such an expound article. My take also on the issue was that why didn't the president excused himself when he found out that the meeting the then president Atta Mills asked him to attend invo ...
read full comment

Mr. Kwaku Asare thanks so much for such an expound article. My take also on the issue was that why didn't the president excused himself when he found out that the meeting the then president Atta Mills asked him to attend involves his younger brother and Merchant bank.
Right there that was the conflict of interest. Also, didn't Attta Mills know about the issue before he asked the vice president to attend that meeting? Oh Ghana, when oh when shall we ever do the right thing?
John Mahama is just a liar and a very corrupt politician.He lied and still lying to save his brother.
Pelicles 11 years ago

How many Ghanaians understand the meaning of "Conflict of Interest"? Very few hence, the politicians stepping on that door mat like it is nothing.

Look at Asiedu Nketia, when bidding to supply Bui Dam with cement blocks c ...
read full comment

How many Ghanaians understand the meaning of "Conflict of Interest"? Very few hence, the politicians stepping on that door mat like it is nothing.

Look at Asiedu Nketia, when bidding to supply Bui Dam with cement blocks came to the fore, he took it upon himself and never allowed any bidding to take place. He was the sole supplier of the blocks to build the Dam and NDC government sees nothing wrong with that as well as some section of the general public.
Jojo Hammond, New Jersey 11 years ago

Welcome back to Ghanaweb Prof. Asare. I personally missed your quality contributions.

Anyway who see nothing wrong with Pres. Mahama (then VP) sitting in that meeting, does not understand what conflict of interest is. Th ...
read full comment

Welcome back to Ghanaweb Prof. Asare. I personally missed your quality contributions.

Anyway who see nothing wrong with Pres. Mahama (then VP) sitting in that meeting, does not understand what conflict of interest is. The President saying the meeting did not result in the Government intervening on behalf of E & P, is not only laughable but, also betrays his lack of understanding of this very important concept which plays an important role in any democratic society. His involvement at that level when his brother was (is) involved is rather unfortunate.

I however take issue with those who add the involvement of Tony Lithur and Ms. Brew to this issue of conflict of interest. Tony became the President counsel at the presidential petition hearings. Do we know that at the time that he (Mr. Lithur) petitioned the Presidency on behalf of MB he was the President's lawyer/counsel. Ms. Brew was subsequently appointed AG. How do we link these subsequent events/appointment to events that happened when they were providing legal services on behalf of a client?

Every government makes appointments from sources familiar/known to the top officials or party officials.

President Mahama's involvement aside Prof. Asare did not touch on what necessitated the petitioning of the Presidency on behalf of MB. There are some news reports that the NPP government used its influence to get MB to adversely modify the conditions of the loan granted to E & P. And that the fear was that E & P and the President's brother would use their resources to finance the NDC/President Mahama's campaign. Are these assertions true? If so why should that be?

Is it also true, Prof. Asare, that the indebtedness of the E & P brought down MB? If that is true that your assertion that MB was made to go down so that cronies would feed on it (MB) would be true. Otherwise you made a pure political statement.

It is this vindictiveness practiced by both NPP and NDC that is the source of some of our problems.

I will leave the appropriateness of the of the whole FORTIZ deal to the financial experts in Ghana and elsewhere. So far most "stake holder"
appear to have given it their blessing.

Finally, Prof Asare, I think your statement on CHRAJ and Commissioner Lamptey was unnecessary. All CHRAJ Commissioners are handpicked by one President or another.
Kofi Ata, Cambridge, UK 11 years ago

Jojo, my comment relates to the whole Merchant Bank saga as the article covered. For that reason Tony Lithur's role and the conflict of interest is very important. You will be naive to think that Tony Lithur just became Maham ...
read full comment

Jojo, my comment relates to the whole Merchant Bank saga as the article covered. For that reason Tony Lithur's role and the conflict of interest is very important. You will be naive to think that Tony Lithur just became Mahama's attorney during the presidential petition. He is probably a family attorney and he has been for sometime. Analyse issues with a critical mind.
Ayeboafo 11 years ago

With Akuffo Addo,Prempeh & CO is in conflict of interest situation when issues remotely connected to these two principals or their family members and friends are concerned,isn`t it? Look, Akoto Ampaw is not an NPP person,but ...
read full comment

With Akuffo Addo,Prempeh & CO is in conflict of interest situation when issues remotely connected to these two principals or their family members and friends are concerned,isn`t it? Look, Akoto Ampaw is not an NPP person,but was added to the NPP legal because of his competence;and it was clearly evident during the proceedings! And I do not think you know that Tsatsu Tsikata and Nana Akuffo Addo,have teamed up to bring an action on behalf of Dr. Amoako Tuffour,now a leading NPP 'guru', against then CJ Apaloo,in the SC,do you? Azar`s piece is full of lies and half truths,and I believe Jojo,unlike others, could not let these just go unchallenged!
A forummer pointed to the long-standing friendship between 'Sir Jon' and some of the Justices that heard the election petition case,why are you or Kwaku Asare also not pointing to these indisputable facts,but harping on arms-length or pure professional relationships[far-fetched,in my estimation],to disturb our ears?

Says Who 11 years ago

Calling a spade a spade.

Calling a spade a spade.
Ako 11 years ago

The Concept of conflict of interests is predicated on whether a decision or process will prejudice the out come of a decision made.The concept of bias as a result of conflict of interest is that the persons professional posit ...
read full comment

The Concept of conflict of interests is predicated on whether a decision or process will prejudice the out come of a decision made.The concept of bias as a result of conflict of interest is that the persons professional position must not interfere with his interest whether financially or as a result of his connections.

The duty to recuse therefor only start from the stage where a decision or the influence of a decision is apparent.The mere fact that you know a party or could benefit from an out come is only taken when all the facts are available and not because you can recuse for the sake of recuse since that is unethical on its own.

As a matter of facts professional and administrators are suppose to operate above interests because of their professional ethics and one would suppose that a vice president must be given that benefit of the doubt.

Conflict of interest only reverses a decision and not make it a crime at best so those of you insinuating mischief are doing it for political reasons.This does not constitute a crime and Lonto Boy and Kofi Ata must be beside themselves for thinking a crime had been committed.

At worst conflict of interest only annuls a decision taken and there is no suggestion of that here.
DOUBLE FOOL 11 years ago

Kwaku:

Ghana is ruled by a pack of thieves!

Kwaku:

Ghana is ruled by a pack of thieves!

23 Comments

Welcome,

SIGN IN

Welcome,

RESET PASSWORD

Hello,

Terms and conditions

REGISTER

When is a Conflict of Interest

Read Comments .st0{display:none;fill:#14BDD3;} .st1{display:none;} .st2{display:inline;fill:#FC0F0F;} .st3{display:inline;fill:#FFFFFF;} .st4{display:inline;fill:none;stroke:#000000;stroke-width:6;stroke-miterlimit:10;} Comments (23)

Read Comments Comments (23)