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Opinions Fri, 17 Jul 2015

Nana Akufo-Addo And The Judgment Debt Commission

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Comment: You Got It All wrong!

Author:
Dr. SAS, Attorney at Law
Date:
2015-07-17 13:59:08
Comment to:
INDICTMENT HAS LEGAL RAMIFICATIONS.

Your analysis leads to absurd consequences:

To you, a person that appears before a commission has immunity from prosecution because he/she becomes a witness of the commission; but a person that is not invited has no immunity and can be prosecuted or have a judgment standing against him/her?

The essence of the Wereko Brobbey/Mpiani ruling is that a commission of inquiry's findings cannot be used to prosecute anybody in a court of law. It has nothing to do with any immunity afforded anybody that appears before a commission.

Now, if a person cannot be prosecuted on the basis of a commission’s adverse findings, then it also implies in law that a person cannot be deemed to have a judgment against him or her on the basis of a commission’s adverse findings. And if a commission’s “indictment” does not automatically lead to a prosecution or a trial, then it logically follows that whatever the commission calls an “adverse finding” cannot be weighed in the same category as a legal judgment. This is because a body of facts that is not fit for evidence cannot be fit for a judgment.

But I do agree with Dr. Kennedy's view that Nana should explain himself in the public domain. It is insufficient to say, "I was not called to explain myself". There is every opportunity for him to explain himself now.

I

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Dr. SAS, Attorney at Law on Jul 17, 2015 13:59
You Got It All wrong!