20
Opinions Fri, 17 Jul 2015

Nana Akufo-Addo And The Judgment Debt Commission

Read Article

Comment: INDICTMENT HAS LEGAL RAMIFICATIONS.

Author:
KWABENA ABOAGYE
Date:
2015-07-17 08:23:44
Comment to:
Nana Addo And judgement debt commission

Dr. Arthur Kennedy should realise that the adverse findings against Nana Akufo Addo has legal consequences. If Nana Addo does not appeal to overturn the judgement, he is estopped from filing nominations papers to contest the presidential election in 2016. Read Art, 62 and 94 of the 18992 Constitution carefully. The maxim in law: AUDI ALTERAM PARTEM (LITERALLY MEANING HEAR FROM THE OTHER SIDE FIRST) has exceptions to the general rule. The trial judge and in this case the Sole Commissioner had to decide whether or not to invite Nana Akufo Addo to appear personally to to give evidence or had sufficient information on record which did not warrant his invitation.
Also remember that people who appear before a Commission of Inquiry are witnesses of the Commission and have prosecuting immunity.
That is why the former Chief of Staff in Kufour's regime, Mr. Kwadwo Mpiani and Dr. Wereko Brobbey could not be prosecuted after appearing before the Commission of Inquiry in connection with the Ghana @ 50 Inquiry. Justice Marfu Sau who headed the Inquiry has taught us a lesson!
I therefore advise Nana Akufo Addo to appeal against the findings if he feels the Justice Apau findings were wrong in law. If he appeals up to the Supreme Court and loses then that's it. If he does not appeal Ghanaians will go to court to stop him from filing nomination papers in 2016; A catch 22 situation! We await the official release of the Report and it's accompanying White Paper.

This article is closed for comments.

KWABENA ABOAGYE on Jul 17, 2015 08:23
INDICTMENT HAS LEGAL RAMIFICATIONS.