A Citi News report recently revealed that the office is incomplete, a month after the Special Prosecutor was officially sworn-in.

[contextly_sidebar id=”VtGT4MpelPzzWgGlQLmsK38lRIjY64gL”]The Deputy Special Prosecutor and other board members expected to assist the Special Prosecutor with his work are yet to be appointed by the President.

The Attorney General in an interview with some journalists after a court hearing on Monday, however indicated that the Special Prosecutor, Martin Amidu is in the process of setting up administrative structures to get the office fully functional.

“The Special Prosecutor has been sworn into power. There are issues of setting up administrative structures before he [Special Prosecutor] can start anything and he is in the process of doing that.”

She explained that although the governing board would have usually made these administrative arrangements, that prerogative had been given to the Special Prosecutor to make him truly independent of the board.

“Once the governing board is in place, all these things are going to be done by that board, but it will not be done because we we truly want him [Special Prosecutor] to be independent of the board.”

Martin Amidu was sworn in by President Nana Akufo-Addo as Ghana’s first Special Prosecutor a month ago.

A month on, it appears everything ended after the day he was sworn in as the office allotted him at Labone in Accra lacks logistics and looks like a private residence.

Citi News’ visit to the place revealed  that the unmarked house had a compound too small to accommodate more than one vehicle.

The interior of the one-storey house boasts of a few bedrooms that have been converted into offices fitted with desks for prosecutors and investigators needed for the job.

The Special Prosecutor himself has a small room stuffed with chairs and a dining table which will serve as his office.

A few more tiny rooms and cubicles seemed like offices for other staff.

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By: Marian Ansah/citifmonline.com/Ghana

The post Special Prosecutor office will be resourced soon – AG  appeared first on Citi 97.3 FM - Relevant Radio. Always.

Citi News checks have shown that the office is incomplete; a month after the Prosecutor was sworn into office by the President.

The Deputy Special Prosecutor and the Board members needed for the running of the office are yet to be appointed by the President.

This makes the execution of the mandate of the special prosecutor almost impossible.

[contextly_sidebar id=”DOdetexCyBiOfTJGHKTFJmT6eugaBMhU”]Speaking to Citi News, Vitus Azeem, who is also a former head of the Ghana Integrity Initiative, said the delay in resourcing the Special Prosecutor is worrying.

“Looking at the speed with which the bill was passed and his [Martin Amidu’s] appointment and especially when the President appealed to Parliament to do the vetting on time, one would have expected that by now, everything would have been set. So if it is not set, definitely it should be a worry to us because there are people already waiting to make complaints to him. He needs an office to start recruiting staff among others and it is a long process, so we expect it to happen without the delay.”

“The government knew [about the logistical challenges], yet they hurried up with everything. Even in 2017, the opposition said that there was no budget for it, but they still went ahead and approved the bill. And I believe that with the 2018 budget, there should be provision for that organization. It may take a long process but some things should start so that we know that the commitments are there,” he added.

Today, March 23, 2018, is exactly a month since Martin Amidu was sworn in by President Nana Akufo-Addo as Ghana’s first Special Prosecutor.

A month on, it appears everything ended after the day he was sworn in as the office allotted him at Labone in Accra lacks logistics and looks like a private residence.

Citi News‘ visit to the place saw that the unmarked house has a compound too small to accommodate more than one vehicle.

The interior of the one-storey house boasts of a few bedrooms that have been converted into offices fitted with desks for prosecutors and investigators needed for the job.

The Special Prosecutor himself has a small room stuffed with chairs and a dining table which will serve as his office. A few more tiny rooms and cubicles seemed like offices for other staff.

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Resource Special Prosecutor now – Vitus Azeem to gov’t appeared first on Citi 97.3 FM - Relevant Radio. Always.

It is difficult to identify which one drew the most excitement from Ghanaians; first, the announcement by President Akufo-Addo and then, his arguably sterling performance at the seven-hour-long vetting by Members of Parliament’s Appointments Committee.

He is from the opposition National Democratic Congress’ fold, yet, he agreed to serve in the opponent’s camp.

As expected, there was anger and a feeling of betrayal from that camp. That notwithstanding, the Minority Chief Whip Muntaka Mubarak, among other NDC MPs, said Martin Amidu was the best among all those he has met.

Soon after, he was sworn into office by the President, in fulfillment of his pledge and Martin Alamisi Burns Kaiser Amidu, the man who earned the nickname Citizen Vigilante, took the oath of office with a pledge to smoke out corruption.

Many hailed Mr. Amidu’s appointment as the solution to Ghana’s fight against corruption as many consider him as one of Ghana’s cleanest and uncompromising public servants.

But the government may be shooting itself in the foot because of its own failure to resource the Special Prosecutor.

It appears everything ended after the day he was sworn in. As symptomatic of many of our issues, talk about the Special Prosecutor has long died down. The excitement has made way for a deafening silence from the government.

In the scorching sun, I visited Labone in Accra. Among the buildings, I found a facility that looked like a private residence, unlike any government building.

The unmarked house has a compound too small to accommodate more than one vehicle. The interior of the one-storey house boasts of a few bedrooms that have been converted into offices fitted with desks for prosecutors and investigators needed for the job.

The Special Prosecutor himself has a small room stuffed with chairs and a dining table which will serve as his office. A few more tiny rooms and cubicles seemed like offices for other staff. The boys’ quarters at the back of the house was just big enough to accommodate other administrators.

All around, the house is dwarfed by bigger houses that look directly onto the tiny compound, raising questions about the safety and security of the people who will man this delicate office.

The infrastructure generally looked incomplete and unprepared for the intended task. On the administrative level, nothing has happened more than a month after the Special Prosecutor was sworn into office.

He still lives and handles all issues relating to the office, from his private residence. He uses his personal car, although Citi News understands he has been allocated a driver and a bodyguard.

Citi News is also aware that several members of the diplomatic corps and civil society groups have made attempts to hold meetings with the Special Prosecutor, but this has been postponed several times as the office is not fully ready for use.

According to the law establishing the Office of Special Prosecutor, a board must be appointed to assist with policy direction. A month on, this has not been done.

President Akufo-Addo once said he was a man in a hurry but beyond hurriedly announcing the nomination, it appears he is rather too slow in giving his appointee the requisite tools to help fight corruption. To begin with, the board cannot be complete without the nomination of a Deputy Special Prosecutor- something the President is yet to do.

For now, the much-talked-about and celebrated Special Prosecutor still remains an idea yet to hit the ground.

If perchance, you wanted to submit a petition to his office for investigation and action, you may have to wait a little longer because it is unclear if the “Born Before Computer” Special Prosecutor even has a postal address to receive your letters.

Indeed, he may not even have a letterhead to reply to your letters.

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By: Umaru Sanda Amadu/citifmonline.com/Ghana

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In his response to the contentions, Mr. Rawlings intimated that it was even an insult to think that Mr. Amidu was incapable of executing his duties because he was over 60 years of age.

[contextly_sidebar id=”dKDSLOhxAjxwZQRtn7pxRe2SIzP2mVet”]He further noted that even Ghana’s President, Nana Akufo-Addo, was over 70 years and that judges, who are allowed well past the age of 60, still preside over cases.

“Have the judges stopped thinking? Judges can stay until they are 70. The President is above 70. I am 70. That is an insult. Maybe there is something wrong that needs to be changed as far as those figures are concerned,” the former President remarked.

Mr. Rawlings also reiterated his approval of the appointment of Martin Amidu as the country’s first Special Prosecutor, stating that the former Attorney General will restore the integrity of governance in the country.

Ayine’s suit

The Deputy Ranking Member on Constitutional Affairs, Dr. Dominic Ayine, is currently before the Supreme Court seeking a declaration that Mr. Amidu, who is 66-years-old, is not qualified for the position.

He filed his suit on February 12 ahead of the vetting of Mr. Amidu by Parliament.

In his argument, he said the Office of the Special Prosecutor falls under the broad category of public officers who by the constitution must retire by age 60 with a possible extension to 65 years.

Mr. Amidu has since received unanimous approval by Parliament and was subsequently sworn in as Ghana’s first Special Prosecutor on Friday.

Amidu not served with lawsuit

Meanwhile, Mr. Amidu has said he has not received any writ from the Supreme Court supposedly challenging his eligibility for the position.

“I wish the public to know that nobody has served me personally with any writ or statement of case or injunction challenging my nomination, approval and appointment so as to restrain me from accepting this appointment,” he said during his swearing-in on Friday.

Mr. Amidu said the lack of any writ or injunction against his role gives him the opportunity to serve in the position without any hindrance.

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

The post Suggesting Amidu is too old to serve ‘insulting’ – Rawlings appeared first on Citi 97.3 FM - Relevant Radio. Always.

Amidu at the swearing in ceremony thanked the Attorney General and the President for appointing him, and promised to fight corruption in the country without fear or favour.

Martin Amidu, also promised not to fail in delivering on his mandate, saying not even claims that he will embark on a political witch-hunting drive will not deter him from working.

Below is Mr. Amidu’s full acceptance speech:

ACCEPTANCE SPEECH OF THE SPECIAL PROSECUTOR – MARTIN A. B. K. AMIDU

Your Excellency the President of the Republic of Ghana

Your Excellency the Vice President

The Honourable Chief of Staff

Honourable Attorney General and other Ministers of State

Presidential Staffers

Members of the Press

Ladies and Gentlemen

I wish first and foremost to thank Your Excellency, Mr. President, for the very fact of considering me as a fit and proper person for this position even though I come from the opposite pond of social democracy and in the past, we have been very strong and robust professional adversaries in the development of the constitutional law of our dear country from its inception. Your Excellency’s invitation to me to confirm my acceptance to be Special Prosecutor and my acceptance of the offer demonstrates a fundamental democratic principle and belief to your credit that few people have adhered to for the past twenty-five years. Namely, that adversaries are not enemies and must collaborate for national development by putting Ghana First.

I would not have accepted to come to this job if I did not trust Your Excellency’s integrity and honour from our long years of association from opposite sides at the Bar. I have also given Mr. President my word of honour that I will discharge the duties of the burdensome office you have entrusted to my care with similar integrity and honour, with your support and assistance.

Mr. President, I wish to assure you that the propaganda about witch-hunting will not daunt me from prosecuting all corruption crimes without reference to political considerations, as you had yourself admonished, once a suspected offender is established by investigations to have committed offences prosecutable in the national interest. I will treat crime as crime and nothing else.

I thank you, Mr. President, and the Honourable Attorney General sincerely for the trust you both have put in me and in my capabilities. Above all I also wish to thank and assure Ghanaians that I will do my best to vindicate the trust that the whole nation put in me at my nomination and nomination approval hearing.

As an aside I will wish the public to know that nobody has served me personally with any Writ or Statement of Case or injunction challenging my nomination, approval, and appointment so as to restrain me from accepting this appointment.

Before concluding, Mr. President, I wish to use your presence to acknowledge a senior citizen from Accra without whom I might not have been available for this job.

Professor J. N. D. Dodoo was my former Hall Tutor at Commonwealth Hall and was formerly of the Department of Modern Languages, Legon.

He ensured that I was not cheated out by the exclusion of my name from the LL.B class at the Faculty of Law after my First University Examinations when I had qualified for placement on the programme by merit.

His actions almost 43 years ago contributed in no small measure to my passion for the defence of truth, fairness, integrity, transparency and merit in public life and must be publicly acknowledged for once.

The General Legal Council may have a lot to learn from him at this time of the problems at the Ghana School of Law.

Thank you, once more, Honourable Attorney General and Mr. President. Thank you to all Ghanaians who stand against corruption. Let us put Ghana First!

Martin A. B. K. Amidu

23^rd February 2018

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By: citifmonline.com/Ghana

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“I wish the public to know that nobody has served me personally with any writ or statement of case or injunction challenging my nomination, approval and appointment so as to restrain me from accepting this appointment,” he added.

A day before the vetting of Mr. Amidu, a suit was filed at the Supreme Court by Deputy Minority Ranking Member on Constitutional Affairs, Dr. Dominic Ayine, who is seeking a declaration that Mr. Amidu, who is 66-years-old, cannot hold public office because he has exceeded the mandated age limit per the 1992 constitution.

The defendants in the suit are the Attorney General and Mr. Amidu himself.

[contextly_sidebar id=”7tINaqHgQQjt1p49btnZ4xNElVUDareQ”]Again, Dr. Ayine prior to Mr. Amidu’s approval in Parliament on Tuesday, further asked the law making body to put the process on hold, as his suit is still pending at the Supreme Court.

But his call was ignored by the Speaker of Parliament.

Making a remark after his swearing-in at the Flagstaff House on Friday, Mr. Amidu said lack of any writ or injunction against his role gives him the opportunity to serve in the position without any hindrance.

‘Witch-hunting propaganda won’t stop me’

Martin Amidu, also promised not to fail in delivering on his mandate to fight corruption in the country, saying not even claims that he will embark on a political witch-hunting drive will deter him from working.

“I have given Mr. President my word of honour that I will discharge the duties of the burdensome you have entrusted to my care with similar integrity and honour with your support. Mr. President, I want to assure you that the propaganda about witch-hunting will not daunt me from prosecuting all corruption crimes without reference to political considerations…I will treat crime as crime and nothing else,” he assured.

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
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The post I’ve not been served writ challenging my appointment – Amidu appeared first on Citi 97.3 FM - Relevant Radio. Always.

“I have given Mr. President my word of honour that I will discharge the duties of the burdensome you have entrusted to my care with similar integrity and honour with your support. Mr. President, I want to assure you that the propaganda about witch-hunting will not daunt me from prosecuting all corruption crimes without reference to political considerations…I will treat crime as crime and nothing else,” he assured.

Mr. Amidu gave the assurance today, Friday, February 23, 2018, when he was sworn into office as Ghana’s first Special Prosecutor by President Nana Addo Dankwa Akufo-Addo at the Flagstaff House.

On the case at the Supreme Court challenging his eligibility for the position because of his age, the Special Prosecutor said he has not received any lawsuit to that effect, hence nothing bars him from accepting the job he described as “burdensome.”

“I wish the public to know that nobody has served me personally with any writ or statement of case or injunction challenging my nomination, approval and appointment so as to restrain me from accepting this appointment,” he added.

Martin Amidu was vetted by the Appointments Committee on February 15, 2018; an assessment exercise that lasted over 7 hours.

Mr. Amidu’s public vetting has received widespread commendation as many stakeholders believe he performed creditably.

The Appointments Committee also unanimously recommended his confirmation moments after its grueling 7-hour public hearing exercise.

He was subsequently approved by Parliament last Tuesday.

A day before the vetting a suit was filed at the Supreme Court by Deputy Minority Ranking Member on Constitutional Affairs, Dr. Dominic Ayine, who is seeking a declaration that Mr. Amidu, who is 66-years-old, cannot hold public office because he has exceeded the mandated age limit per the 1992 constitution.

Again, Dr. Ayine prior to Mr. Amidu’s approval in Parliament on Tuesday further asked the law making body to put the process on hold, as his suit is still pending at the Supreme Court.

But his call was ignored by the Speaker of Parliament.

About Martin Amidu

Martin A. B. K. Amidu was the Attorney-General and Minister for Justice from January 2011 till January 2012 under the late President John Evans Atta-Mills.

Amidu, a member of the NDC, served as the Deputy Attorney-General for about the last four years of the Provisional National Defence Council military government.

After civilian rule was established in the Fourth Republic in January 1993, he continued to serve in the government of Jerry Rawlings as Deputy Attorney-General. This he did for both terms lasting eight years until January 2001.

In the December 2000 presidential elections, he stood as the running mate of John Atta Mills. They both however lost to President John Kufuor that year.

In January 2010, following a cabinet reshuffle, President Mills replaced Cletus Avoka with Martin Amidu as the Minister for Interior. As Amidu is a Builsa, some people raised questions as to his neutrality in dealing with the Bawku conflict. He, however, went successfully through vetting by the Parliament of Ghana and has since assumed his post.

Following the second major cabinet reshuffle by President Mills, Amidu became the Attorney general and Minister for Justice of Ghana.

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post ‘Witch-hunting propaganda won’t stop me’ – Amidu appeared first on Citi 97.3 FM - Relevant Radio. Always.

Mr. Amidu was sworn in today [Friday] at the Flagstaff House in the presence of the Vice President, Chief of Staff, Attorney General and other government officials.

After Mr. Amidu had been sworn in, President Akufo-Addo reminded him of the high expectations of the citizenry.

“The Ghanaian people expect the office of the special prosecutor to rise to the challenge and to the occasion, and collaborate with other existing law enforcement agencies to fight relentlessly and help eliminate corruption in our public life.”

“We expect the special prosecutor to discharge his duties vigorously with courage without fear or favour, ill will or malice, in accordance with the rule of law,” the President added.

President Akufo-Addo also said the support of Ghanaians and Parliament justified his acceptance of Mr. Amidu for the office.

“The overwhelming popular acceptance by the good people of Ghana and the strong consensus approval by Parliament of Mr. Amidu’s nomination justifies the confidence I repose in him. Indeed, his eloquence and grasp of issues displayed to the public during his recent vetting is further testimony of the soundness of his appointment.”

The former Attorney General received unanimous approval from Parliament earlier this week, despite a pending suit at the Supreme Court over his eligibility for the position.

The Deputy Ranking Member on Constitutional Affairs, Dr. Dominic Ayine, is seeking a declaration that Mr. Amidu, who is 66-years-old, cannot hold public office because he has exceeded the mandated age limit per the 1992 constitution.

In his argument, he said the Office of the Special Prosecutor falls under the broad category of public officers who by the constitution must retire by age 60 with a possible extension to 65 years.

He is seeking  declaration that “by a true and proper interpretation of Article 190(1)(d),199(1,)199(4) and 295 of the 1992 Constitution, the retirement age of all holders of public office created pursuant to Article(1)(d) is 60 years, anyhow not beyond (65).”

Martin Amidu was vetted by the Appointments Committee on February 15, 2018, in a sitting that exceeded 7 hours.

Mr. Amidu’s nomination for the position received overwhelming support from the public with many citing his integrity as the most important attribute.

Mr. Amidu, nicknamed the ‘Citizen Vigilante’ for his no-nonsense approach to corruption was nominated by President Akufo-Addo on January 11, 2018, after an emergency cabinet meeting at the Flagstaff House.

He is a known member of the opposition National Democratic Congress and has been very critical of the Mahama administration because of the perceived tolerance of corruption within that administration.

Major promise fulfilled

The setting up of the office of the Special Prosecutor was one of the key campaign promises made by President  Akufo-Addo ahead of his election victory in 2016 and it is aimed at tackling corruption.

When operational, the Special Prosecutor’s office will be independent of the Executive, which observers believe will allow it to adequately deal with corruption-related issues which have plagued past governments.

The office of the Special Prosecutor will have the mandate to investigate and prosecute cases of alleged corruption under the Public Procurement Act 203 Act 63 and other corruption-related offences implicating public officers, political office holders and their accomplices in the public sector.

The Prosecutor will also be mandated to trace and recover the proceeds of corruption.

About Martin Amidu

Martin A. B. K. Amidu was the Attorney-General and Minister for Justice from January 2011 till January 2012 under the late President John Evans Atta-Mills.

Amidu, a member of the NDC, served as the Deputy Attorney-General for about the last four years of the Provisional National Defence Council military government.

After civilian rule was established in the Fourth Republic in January 1993, he continued to serve in the government of Jerry Rawlings as Deputy Attorney-General. This he did for both terms lasting eight years until January 2001.

In the December 2000 presidential elections, he stood as the running mate of John Atta Mills. They both however lost to President John Kufuor that year.

In January 2010, following a cabinet reshuffle, President Mills replaced Cletus Avoka with Martin Amidu as the Minister for Interior. As Amidu is a Builsa, some people raised questions as to his neutrality in dealing with the Bawku conflict. He, however, went successfully through vetting by the Parliament of Ghana and has since assumed his post.

Following the second major cabinet reshuffle by President Mills, Amidu became the Attorney general and Minister for Justice of Ghana.

Removal from Office

Martin Amidu was relieved of his post on Thursday, January 19, 2012, by President John Evans Atta Mills under circumstances described by aids as ‘his misconduct’ at a meeting chaired by the president at the Osu Castle on January 18, 2012.

He made allegations relating to alleged financial impropriety on the part of another cabinet minister, allegations he was asked by the president to substantiate.

Martin Amidu, the former Attorney General, single-handedly challenged the legality of the payments after being relieved off his post at the Supreme Court. The Supreme Court in 2014 ordered Mr. Woyome to pay back the money as Supreme Court judges unanimously granted the Attorney-General clearance to execute the court’s judgment, ordering Mr. Woyome to refund the cash to the state.

Following the delays in retrieving the money, Mr. Amidu in 2016, filed an application at the Supreme Court seeking to examine Alfred Woyome, on how he would pay back the money, after the Attorney General’s office under the Mahama Administration, led by the former Minister for Justice, Marietta Brew Appiah-Oppong, discontinued a similar application.

In February 2017 however, Mr. Amidu withdrew his suit seeking an oral examination, explaining that the change of government under the New Patriotic Party under His Excellency the President, Nana Addo Dankwah Akuffo Addo and his Attorney General, Miss Gloria Akuffo’s assurance to retrieve all judgment debts wrongfully paid to individuals Mr. Woyome in response prayed the Supreme Court to stay proceedings on the oral examination since he had filed for a review on the case.

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Photos: Presidency

By: Eugenia Tenkorang/citifmonline.com/Ghana

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“There is no need for any citizen to go into exile as some are alleged to have done, or to contemplate or fear my approval and pending appointment as Special Prosecutor, so long as that citizen has not seriously violated any law worth investigating or prosecuting in the national interest under my remit,” Amidu said in his latest write-up.

According to him, his job is to protect the 1992 Constitution which includes protection “from capricious exercise of discretion and I will ensure strict compliance with the letter and spirit of the 1992 Constitution in protecting the citizen’s rights and as well as any abuse of the public purse.”

[contextly_sidebar id=”7BzLZ4qAOLo3bIJqQfJU4oBBYMpWNd20″]Martin Amidu was vetted by the Appointments Committee on February 15, 2018; an assessment exercise that lasted over 7 hours.

Mr. Amidu’s public vetting received widespread commendation as many stakeholders believed he performed creditably, and he has since been approved by Parliament as the nation’s first Special Prosecutor.

Already some suggestions have been made to the Special Prosecutor as to which corruption issues he should tackle first.

President of policy think tank, IMANI Africa advised Amidu focus on plugging the leakages in the revenue of government machinery.

“…If we are looking at the office of the government machinery for instance in the last 12 years, you would see consistently that it has been the most wasteful and actually the source of corruption as well. That is why we are saying that if you want to fight corruption, let’s start from the office of government machinery because they put up all these portfolio of agencies that are duplicatory and not needed,” he added on Citi FM’s news analysis programme, The Big Issue last Saturday.

A private legal practitioner, Martin Kpebu also called on Mr. Amidu to probe the Smarttys Bus Branding and the Ghana Youth Employment and Entrepreneurial Agency (GYEEDA).

Mr. Kpebu has advised the Special Prosecutor to start from those cases because “there is an abundance of evidence or sufficient evidence to prosecute.”

Below is the Mr. Amidu’s recent epistle:

My parting thoughts as citizen vigilante

The right to criticize a fellow citizen, however vigorous, cannot be defamatory of that citizen or even in contempt of court when it is kept within the limits of reasonable courtesy and good faith. As Lord Justice Salmon said in R v Metropolitan Police Commissioner; Ex Parte Blackburn at pages 155-156:

“…The criticism here complained of, however rumbustious, however wide the mark, whether expressed in good taste or in bad taste, seems to me to be well within limits.”

It is in this spirit that I have taken comments and criticism arising from my responses to the Appointments Committee of Parliament at my approval public hearing on 13th February 2018. Since I met the President on 9th January 2018 for a nomination confirmation discussion and accepted the potential nomination for consideration for approval by Parliament, I considered myself a potential public servant and stopped my citizen’s constitutional defence activism under Article 3 of the Constitution by not responding to unconstitutional comments and criticisms about my constitutionally mandated activities. As I put it at my approval public hearing, the nomination gagged me from speaking or writing in the press as a private citizen would.

From the moment I take my oath of office, I will be a quasi-judicial officer enjoined to act impartially and independently in the execution of my duties. My voluntary acceptance to be appointed Special Prosecutor imposes upon me strict compliance with the Code of Conduct and Ethics of the legal profession in which I am viewed as an officer of the court, whether in or outside the court room while I remain in office. In view of my acceptance, there will of necessity be a change in the way I will exercise the plentitude of my cherished rights as a citizen in accordance with Article 3 of the Constitution.

Before then I wish to say my response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality. An in-depth acquaintance with the Philosophy and Methods of Research will show that perceptions and opinions need not be based on conjecture or non-facts or illusion. Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain.

Article 3 of the 1992 Constitution would be hopeless if constitutional activists could not protect their sources and collection methods of information disclosing breaches of the Constitution and suspected commission of crime, and in particular corruption offences. I could not have given facts of corruption allegations in my articles to a partisan questioner without revealing or naming my informants and other sources and collection methods as a Citizen Vigilante.

Safeguards in the rule of law enable investigators and prosecutors to use intelligence and sensitive law enforcement information as evidence, in a manner that protects sources and collection methods and that maintains the suspect’s right to a fair trial. In the protection of my sources and collection methods as Citizen Vigilante under Article 3 of the Constitution, I used the words “perceptions” and “opinions” to stand for the intelligence acquired from my sources and collection methods; my perceptions and opinions were formed from real human sources and other real collection methods and therefore could not have been based on conjecture.

I am writing these parting thoughts because the hearing was widely publicized, and many viewers and readers may not be well versed in the philosophy of research, research methodology, security and intelligence studies, and conflict resolution studies. It is therefore important to dispel in the matter of the debate whether perceptions and opinions are necessarily based on only speculation, or illusion or non-reality or non-fact.

These parting thoughts are in recognition of the fact that as a quasi-judicial officer, after my appointment I will have to behave as a justice of the superior court will do and will henceforth be unable to answer to several unfounded criticisms. I would have to adhere to the admonition of Lord Atkin in delivering the judgment of the court in Ambard v Attorney General [1936] AC 322 when he stated at page 335 that:

“The path of criticism is a public way: the wrong headed are permitted to err therein: provided that members of the public abstain from imputing motives to those taking part in the administration of justice… Justice is a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.”

I will also live by the dictum of Lord Denning in R v Metropolitan Police Commissioner; Ex parte Blackburn (N0 2) [1968] 2 QB 150 at 155 where he said:

“It is the right of every man, in Parliament or out of it, in the Press or over broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say that we are mistaken, and our decisions are erroneous, whether they are subject to appeal or not. All we would ask is that those who criticize us will remember that, from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its own vindication.

Exposed as we are to the winds of criticism, nothing which is said by this person or that, nothing which is written by this pen or that, will deter us from doing what we believe is right; nor, I would add, from saying what the occasion requires, provided that it is pertinent to the matter in hand. Silence is not an option when things are ill done.” (For the words “a court of justice” substitute the words “the Office of the Special Prosecutor”.)

There is no need for any citizen to go into exile as some are alleged to have done, or to contemplate or fear my approval and pending appointment as Special Prosecutor, so long as that citizen has not seriously violated any law worth investigating or prosecuting in the national interest under my remit. The 1992 Constitution protects every citizen from capricious exercise of discretion and I will ensure strict compliance with the letter and spirit of the 1992 Constitution in protecting the citizen’s rights and as well as any abuse of the public purse.

Author: Martin A. B. K. Amidu

–

By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
Follow @AlloteyGodwin

The post Don’t run away if you are not corrupt – Martin Amidu appeared first on Citi 97.3 FM - Relevant Radio. Always.

Following his vetting by Parliament’s Appointments Committee for the position of Special Prosecutor, Mr. Amidu has been criticized by the National Democratic Congress [NDC] Minority, for failing to provide evidence to support his claims that the Mahama administration was corrupt.

[contextly_sidebar id=”r09zTR5CzOvRelwIlVhqE4fguPll477a”]When he was pushed by some Appointments Committee members to provide evidence to back his claims, Mr. Amidu told the Committee that as an activist, his write-ups were mostly based on perception.

In his latest epistle however, Mr. Amidu, who has been approved by Parliament as the country’s first Special Prosecutor, said his response did not necessarily mean that his claims were not based on facts.

“Before then I wish to say my response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality. An in-depth acquaintance with the Philosophy and Methods of Research will show that perceptions and opinions need not be based on conjecture or non-facts or illusion,” he explained.

Mr. Amidu further indicated that he gave such a response in a bid to protect his sources.

“Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain.”

 Below is the article from Martin Amidu 

The right to criticize a fellow citizen, however vigorous, cannot be defamatory of that citizen or even in contempt of court when it is kept within the limits of reasonable courtesy and good faith. As Lord Justice Salmon said in R v Metropolitan Police Commissioner; Ex Parte Blackburn at pages 155-156:

“…The criticism here complained of, however rumbustious, however wide the mark, whether expressed in good taste or in bad taste, seems to me to be well within limits.”

It is in this spirit that I have taken comments and criticism arising from my responses to the Appointments Committee of Parliament at my approval public hearing on 13th February 2018. Since I met the President on 9th January 2018 for a nomination confirmation discussion and accepted the potential nomination for consideration for approval by Parliament, I considered myself a potential public servant and stopped my citizen’s constitutional defence activism under Article 3 of the Constitution by not responding to unconstitutional comments and criticisms about my constitutionally mandated activities. As I put it at my approval public hearing, the nomination gagged me from speaking or writing in the press as a private citizen would.

From the moment I take my oath of office, I will be a quasi-judicial officer enjoined to act impartially and independently in the execution of my duties. My voluntary acceptance to be appointed Special Prosecutor imposes upon me strict compliance with the Code of Conduct and Ethics of the legal profession in which I am viewed as an officer of the court, whether in or outside the court room while I remain in office. In view of my acceptance, there will of necessity be a change in the way I will exercise the plentitude of my cherished rights as a citizen in accordance with Article 3 of the Constitution.

Before then I wish to say my response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality.

An in-depth acquaintance with the Philosophy and Methods of Research will show that perceptions and opinions need not be based on conjecture or non-facts or illusion. Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain.

Article 3 of the 1992 Constitution would be hopeless if constitutional activists could not protect their sources and collection methods of information disclosing breaches of the Constitution and suspected commission of crime, and in particular corruption offences. I could not have given facts of corruption allegations in my articles to a partisan questioner without revealing or naming my informants and other sources and collection methods as a Citizen Vigilante. Safeguards in the rule of law enable investigators and prosecutors to use intelligence and sensitive law enforcement information as evidence, in a manner that protects sources and collection methods and that maintains the suspect’s right to a fair trial. In the protection of my sources and collection methods as Citizen Vigilante under Article 3 of the Constitution, I used the words “perceptions” and “opinions” to stand for the intelligence acquired from my sources and collection methods; my perceptions and opinions were formed from real human sources and other real collection methods and therefore could not have been based on conjecture.

I am writing these parting thoughts because the hearing was widely publicized, and many viewers and readers may not be well versed in the philosophy of research, research methodology, security and intelligence studies, and conflict resolution studies. It is therefore important to dispel in the matter of the debate whether perceptions and opinions are necessarily based on only speculation, or illusion or non-reality or non-fact.

These parting thoughts are in recognition of the fact that as a quasi-judicial officer, after my appointment I will have to behave as a justice of the superior court will do and will henceforth be unable to answer to several unfounded criticisms. I would have to adhere to the admonition of Lord Atkin in delivering the judgment of the court in Ambard v Attorney General [1936] AC 322 when he stated at page 335 that:

“The path of criticism is a public way: the wrong headed are permitted to err therein: provided that members of the public abstain from imputing motives to those taking part in the administration of justice… Justice is a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.”

I will also live by the dictum of Lord Denning in R v Metropolitan Police Commissioner; Ex parte Blackburn (N0 2) [1968] 2 QB 150 at 155 where he said:

“It is the right of every man, in Parliament or out of it, in the Press or over broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a court of justice. They can say that we are mistaken, and our decisions are erroneous, whether they are subject to appeal or not. All we would ask is that those who criticize us will remember that, from the nature of our office, we cannot reply to their criticisms. We cannot enter into public controversy. Still less into political controversy. We must rely on our conduct itself to be its own vindication.

Exposed as we are to the winds of criticism, nothing which is said by this person or that, nothing which is written by this pen or that, will deter us from doing what we believe is right; nor, I would add, from saying what the occasion requires, provided that it is pertinent to the matter in hand. Silence is not an option when things are ill done.” (For the words “a court of justice” substitute the words “the Office of the Special Prosecutor”.)

There is no need for any citizen to go into exile as some are alleged to have done, or to contemplate or fear my approval and pending appointment as Special Prosecutor, so long as that citizen has not seriously violated any law worth investigating or prosecuting in the national interest under my remit. The 1992 Constitution protects every citizen from capricious exercise of discretion and I will ensure strict compliance with the letter and spirit of the 1992 Constitution in protecting the citizen’s rights and as well as any abuse of the public purse.

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By: Marian Ansah/citifmonline.com/Ghana

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