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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According to him the matter, bordering the age of appointees who are not already public servants, had been a long-standing issue and that the attempt by Dr. Ayine to have it resolved once and for all is commendable.

Dr. Dominic Ayine on Monday February 12 2018, filed a suit at the Supreme Court to challenge the nomination of Martin Amidu for the position of Special Prosecutor.

[contextly_sidebar id=”RqqxkwYElBF5923WpTzyHjV2i8Prq7Dj”]In his suit, Dr. Ayine argued that Mr. Amidu, being 66 years of age, is too old to hold public office per what the constitution permits.

He is thus seeking a declaration from the Supreme Court that Mr. Amidu, “is not qualified or eligible to be nominated as the Special Prosecutor under Section 13(3) of the Office of the Special Prosecutor Act, 2018 (Act 959).”

Despite the suit, Parliament’s Appointments Committee went ahead to vet Mr. Amidu on Tuesday, February 13, 2018, with the Chairman of the Committee, Joseph Osei Owusu, claiming that the House had not been served with any writ.

Speaking on the Citi Breakfast Show on Wednesday, Mr. Adom Otchere said he was surprised Dr. Ayine did not stop the committee from proceeding with the vetting, saying there is a precedent to that effect.

The broadcast journalist said he wondered why Dr. Ayine did not push for such a move “because he could have done that.”

“There is precedent for that in the J.H. Mensah and the Attorney General [case], an old case at the Supreme Court where the Minority in Parliament wanted to prevent Mr. Kwame Preprah the Finance Minister [then] from reading the budget because they felt that he had not been properly approved by Parliament. Now they served the writ to the Speaker in the morning of the budget and the Speaker withheld the budget.”

“It is a very important matter because that matter has never been really settled at the court level in terms of the people presidents appoint who are not ministers or deputy ministers, what kind of age are permissible and what kind of age is not permissible. So yes… I commend Ayine for attempting to regulate this issue once and for all,” he added.

Amidu’s performance

On Amidu’s performance at the Appointments Committee, Paul Adom Otchere said he performed creditably well saying “I get the sense that the people of Ghana are very happy with Martin Amidu.”

He also commended the Appointments Committee for asking research inclined questions on Amidu during the vetting on Tuesday.

“I think it was good, excellent. Many people are commending the parliamentarians, indicating that they had done some research especially by reading some of his epistles as he called them then, or articles. So that was commendable,” he added.

Suit against Amidu’s SP nomination not out of fear – Ayine

Dr. Dominic Ayine has said his lawsuit is not influenced by fear of prosecution as suggested.

Speaking on Eyewitness News, Dr. Ayine, an appointee in the Mahama government, said such insinuations were without basis because prosecutorial powers were not limited to just the Special Prosecutor.

“…The reason is simply that it is not only Martin Amidu who can prosecute us. There are countless human beings that his excellency Nana Akufo Addo can appoint to prosecute us… The fact that he is a member of the party does not make him a repository of information about the dealings of our ministers and appointees. So it is pointless for anybody to start to think that we are afraid of him because he is coming from inside,” Dr. Ayine explained.

Aside from this, Dr. Ayine said the idea of Mr. Amidu as the Special Prosecutor was just over-hyped unnecessarily.

“…so why should we be afraid of Martin Amidu or any other person coming to be Special Prosecutor. This whole thing is over-hyped and that this whole thing about the fear of Amidu is not something we should be dwelling on.”

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
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His response follows a question asked by the Wa West Member of Parliament, Joseph Yieleh Chireh, who wanted to know why the honours and awards space on his Curriculum Vitae, had nothing written to show for it.

[contextly_sidebar id=”N4tLk0oaGjLU8S6vJLIQDH0EULebzMQ6″]“You know that since March 1983, when You [Joseph Yieleh  Chireh ] became my colleague, ours was to dedicate ourselves to the service of this nation without making any effort for recognition, because we joined the system not for awards but for what we can do for the people. If I am right, you and I have lived that life and continue to live that life, that is why there are no awards, I never lobbied for it,” he said.

He also noted that, he generally rejects awards because he wants his work to be about national interest, and will prefer if people emulate him rather than offering him awards.

“It is not about Martin Amidu; it is about Ghana, emulate what I am doing, don’t give me awards, it is about emulating what I am doing so that Ghana will be better,” he said.

He mentioned how he rejected a nomination by the organizers of EMI Awards, and also an award by the Ghana Bar Association.

Mr. Martin Alamisi Amidu was nominated as the Special Prosecutor on January 11, 2018.

Mr. Amidu, a man who has earned the nickname ‘Citizen Vigilante’ for his no-nonsense stance and campaign against corruption particularly in the NDC administration, was generally approved by Ghanaians.

I’ve nothing to lose at my vetting – Martin Amidu

Before the vetting, Martin Amidu, whose role is to deal with public sector corruption, said he was confident he would win a national poll if the president had put him out to be voted on by Ghanaians whether to be accepted or rejected.

“One thing I know from the outpouring of support for the President’s nomination of my humble self as the Special Public Prosecutor is that if the President’s wishes were put to a national referendum, all the 275 constituencies of the country will return an overwhelmingly positive endorsement for his choice.”

He however stressed that, he had nothing to win or lose whatever the results of the vetting would be.

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By: Farida Yusif/citifmonline.com/Ghana

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Mr. Amidu threw the challenge while answering a question by Minority Chief Whip, Mubarak Muntaka, on specific functions he played as Chairman of the Public Agreement Board between 1983 and 1993, during his vetting in Parliament today [Tuesday].

[contextly_sidebar id=”7yAqnN8c1pQ7g6N1ChujGrsl5SsTfFVo”]Mr. Amidu recalled that, he shot down contracts which were largely not in the interest of the country while serving as the Board’s Chairman.

He believes his firm stance against corruption at the time makes him competent for the Special Prosecutor position.

The lawyer was however quick to add that, the Appointments Committee could disqualify him if they wanted “somebody who will look the other way.”

“I was so meticulous with my members that unless the contract was in the national interest, I rejected it and I had a hell of problems with Senior Ministers, PNDC members … I did my job and nobody has been accused of entering into a contract which was not in the national interest.”

“That is the job I did and that is why if you want anybody who will be meticulous in investigation and prosecution, the President has made the best choice for you.”

Mr. Amidu, a man who has earned the nickname ‘Citizen Vigilante’ for his no-nonsense stance and campaign against corruption particularly in the NDC administration, was named by President Akufo-Addo on January 11, 2018, after an emergency cabinet meeting at the Flagstaff House.

The appointment of Mr. Amidu, a known member of the opposition NDC who has been very critical of the then John Mahama administration for various corruption scandals, came as a shock to many.

Mr. Amidu was widely commended and celebrated for his fight against corruption, when he single-handedly pursued known NDC businessman Alfred Woyome to the Supreme Court, and secured a ruling for the retrieval of the Ghc51million judgement debt paid to him by the state under the NDC administration.

Some have suggested the NDC fears Mr. Amidu may pursue a political agenda to jail members of the NDC but the party has stated on several occasions stated that it does not harbors such fears.

Most members of the NDC who spoke about Mr. Amidu’s appointment, however, acknowledged his competence for the office.

Nothing to lose at vetting

Prior to his vetting, Martin Amidu had stressed that he had nothing to win or lose whatever the results of the vetting would be.

H also said he was confident he would win a national poll if the president had put him out to be voted on by Ghanaians whether to be accepted or rejected.

“One thing I know from the outpouring of support for the President’s nomination of my humble self as the Special Public Prosecutor is that if the President’s wishes were put to a national referendum, all the 275 constituencies of the country will return an overwhelmingly positive endorsement for his choice.”

Ayine sues Amidu 

Mr. Amidu’s appointment has not been without controversy as barely 24 hours to the vetting, a former Deputy Attorney General, Dominic Ayine, filed a lawsuit challenging his nomination.

The former deputy Attorney General, Dominic Ayine, among other things posited that, Mr. Amidu, being 66 years of age, is too old to hold that office.

The lawsuit, which was filed at the Supreme Court yesterday [Monday], did not place an injunction on the vetting process, but is praying the court to annul the entire process if it finds merit in the case against Mr. Amidu.

According to Dominic Ayine, it will be unconstitutional for Martin Amidu to be approved for the position.

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.

The Special Prosecutor is however under Article 145 of the constitution, given the conditions of service of Court of Appeal judges who retires at age 70, but Dominic Ayine holds a different view.

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By: Marian Ansah/citifmonline.com/Ghana
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The Appointments Committee had earlier set June 19 for the vetting, but announced on Tuesday, June 13, that it had to reschedule the vetting to this week to avoid keeping the position vacant for long.

[contextly_sidebar id=”V9DtIeQfnbVoKQpbjOBsIR4Rg0ccDGXR”]The first Deputy Speaker of Parliament and Chairman of the Appointments Committee, Joseph Osei-Owusu, told pressmen that it was necessary to fast-track the vetting to ensure that Justice Akuffo, when approved, fills in the position ahead of the retirement of the acting Chief Justice, William Atuguba.

“The Chief Justice [Georgina Theodora Wood] has retired already… a vacuum, so to speak, has been created because the next available senior [Justice William Atuguba] is also due to retire in a few days from now. We considered all the circumstances and as a committee, we reviewed the fact that to date, no petition has been brought against the CJ nominee. It may be helpful to abridge the time and do it as quickly as possible.

“That will enable us to take the whole day [on Friday] and use the weekend to prepare a report and probably by Monday we’ll be ready for the report to be considered by the plenary,” Joe Osei Owusu said.

He added that, “This week, she [Sophia Akuffo] may not be able to start work, but beginning next week, she may be able to start work in full and administration of justice can then continue without any vacuum.”

President Akufo-Addo last month announced Justice Sophia Akuffo as his choice of successor of Chief Justice, Georgina Theodora Wood who retired on June 8, 2017.

About the CJ nominee

Sophia Akuffo had her Masters in Law (LLM) from the Havard University in the United States.

She has been a member of the Governing Committee of the Commonwealth Judicial Education Institute and the Chairperson of the Alternative Dispute Resolution Task Force.

In January 2006, she was elected one of the first judges of the African Court on Human and Peoples’ Rights initially elected for two years, she was subsequently re-elected until 2014 and is at present serving as Vice-President of the Court.

She has written The Application of Information & Communication Technology in the Judicial Process – the Ghanaian Experience, a presentation to the African Judicial Network Ghana (2002). If confirmed by parliament Justice Sophia Akuffo will be the fifth Chief Justice under the fourth republic after; Isaac Kobina Abban who served between 1995 to 2001.

Edward Kwame Wiredu also served between 2001 and 2003 while George Kingsley Acquah served from 2003 to 2007 before Georgina Theodora Wood from 2007 to 2017.
Justice Akuffo will also be the 13th Chief Justice in the history of the Republic of Ghana.

Meanwhile, the vetting of Irene Naa Toshie Addo as District Assembly Common Fund Administrator is scheduled for 20th June.
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By: Ebenezer Afanyi Dadzie/citifmonline.com/Ghana

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According to him, the majority members left on the committee to continue the work, are doing a marvelous job.

[contextly_sidebar id=”Zr15ehVJlGCumC1BbiCMNX82DVFzDKKk”]The Minority members on the Appointments Committee of Parliament on Wednesday boycotted sitting, stating among other things that due diligence was being sacrificed.

They also complained that they were being overstretched especially when the House should have been on break ahead of the Easter celebration.

While dismissing the concerns of the Minority, Anthony Karbo, told Citi News his side is determined to do a thorough job.

“Unfortunately, we have finished the vetting so if they are coming back, they will only be coming back in respect with the report that is made before Parliament. We are expecting to form a quorum in accordance with the Members of Parliament, and we went ahead to conduct the vetting of Ministers, and so they had the opportunity to sit with the vetting committee and bring out their side of the issues and also to question some of the nominees.”

The Lawra Legislator believes that the Minority has the right to boycott the committee’s sitting, “it will be difficult to come back on other leg, claiming that those people do not merit the position given to them.”

He argued that, their concerns will not hold because the Majority has “questioned and done very serious interrogation of many of the Ministers.”

“We have questioned their competence, we have questioned their understanding of the sectors that they have been assigned by the President, and we have also gone through their CVs ” he said.

The Minority’s decision has been met with mixed reactions from some individuals and groups.

Pro NPP Pressure Group,  Alliance for Accountable Governance (AFAG), is one of those groups, which criticized the Minority,  stating that their decision smacked of hypocrisy and poor attitude to work.

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By: Marian Ansah/citifmonline.com/Ghana
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The Member of Parliament for the North Tongu Constituency, Samuel Okudzeto Ablakwa, who spoke to Citi News‘ Duke Mensah-Opoku, said the majority was rushing the vetting process, and that is not helping the minority side to carry out its work diligently.

[contextly_sidebar id=”j6KUuyyFYnCzyFxGyxHh1igMU5ElSH0Y”]“Our leader, the Minority leader [Haruna Iddrisu] expressed concern that what has been agreed at the Business Committee meeting and at the Appointments Committee meeting was that, we take a break and we will return in May to continue with the vetting of the remaining  Deputy Minister nominees.”

“What has happened is that, the Majority has sought to take us by surprise. Remember that we had expressed concern about the way we were being treated… We were not being supported to carry out diligent work. CVs will come a night to the day and some of them will come on the day. Everything is being rushed,” he said.

Parliament is expected to go on recess by Friday, April 7, however the Appointments Committee may continue vetting the remaining 50 deputy ministerial nominees named by the President, Nana Addo Dankwa Akufo-Addo.

While reading Parliament’s business statement in Parliament last Friday, the Majority Leader, Osei Kyei Mensah-Bonsu, noted that the House was to rise on Friday prior to the Easter celebrations, but the Minority Leader, Haruna Iddrisu strongly rejected the move.

Haruna Iddrisu argued that, the recess should begin today [Wednesday], adding that the Appointments Committee could submit its report of the deputy ministers it had screened within the period for Parliament’s approval, but the Majority Leader disagreed.

“If you check the publication that went out, the group that is being vetted this week, they were supposed to be vetted in May so why the rush?” Samuel Okudzeto Ablakwa quizzed.

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By: Jonas Nyabor/citifmonline.com/Ghana
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The vetting, which is expected to continue while the House is on recess, will scrutinize in all, four Ministers of State and fifty Deputy Ministers of State.

The four Ministers of State including Deputy Majority leader and Member of Parliament for Dome Kwabenya, Sarah Adwoa Safo, who has been nominated for Procurement, will appear before the Committee today.

[contextly_sidebar id=”uYnZLWJI9QwRh8WCT8bnY1dLXqprvB99″]Educationist, Professor Kwesi Yankah, designated for tertiary education, Dr. Nura Gyeile for the Agriculture Ministry, and Brian Acheampong, Minister of State designate at the office of the President, will all be vetted today.

Parliament approves Deputy Regional Ministers

Parliament last week approved the 10 Deputy Regional Ministers appointed by the President.

This was after their screening by the Appointments Committee.

They were approved by consensus.

110 ministers
Nana Addo Dankwa Akufo-Addo has so far named a total of 110 ministers with 50 of them being deputy ministers.

The number of ministers was met with an uproar from a section of Ghanaians who believe the ministers were too many for the small Ghanaian economy.

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By: Sixtus Don Ullo/citifmonline.com/Ghana

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They are Solomon Boar, Elizabeth Sackey, Eugenia Gifty Kusi and Elizabeth Agyeman for the Northern, Greater Accra, Western and Ashanti Regions respectively.

The Vetting will end on Thursday after the six other nominees are vetted.

The Minority in Parliament has however expressed some degree of angst in the perceived delay in the release of the list of Deputy Ministers.

The Minority Leader, Haruna Iddrisu, has asked the President to quickly release the list of Deputy Ministerial nominees for the various ministries to enable the House carry out the vetting and subsequent approval as early as possible so that a delay wouldn’t affect the activities of the chamber.

Below is the full list of the deputy regional minister nominees:

Upper East Region – Frank Fuseini Adongo  (MP)

Upper West Region – Amidu Ishaq

Northern Region – Solomon Namliit Boar (MP)

Brong Ahafo Region – Evans Opoku

Ashanti Region – Elizabeth Agyeman

Western Region  -Eugenia Gifty Kusi

Eastern Region – Joseph Tetteh (MP)

Central Region – Thomas Agyei Baffour

Greater Accra Region – Elizabeth Kwatsoo Tetteh Sackey

Volta Region – Maxwell Blagogee

Meanwhile, Parliament has extended the debate on the budget till Wednesday after which the various committees will scrutinize the individual budgets of various Ministries, Departments and Agencies.

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By: Duke Mensah Opoku/citifmonline.com/Ghana

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Four of them will go through the process today, while the remaining six will take their turns on Wednesday and Thursday respectively.

The committee last Thursday completed vetting of all the 36 ministers named by the President, and subsequently submitted its report to Parliament for their approval.

All of them have since been sworn into office to start work.

Although the vetting of the regional minister nominees was originally scheduled to take place from Monday, 13th February 2017 to Wednesday 15th February, 2017, it was rescheduled to start today [Tuesday], and end on Thursday.

Check below for schedules for the Regional Ministers vetting:

Tuesday, 14th February, 2017

Dr. Kwaku Afriyie (Western Regional minister-designate)

Mr. Simon Osei Mensah (Ashanti Regional minister-designate)

Mr. Eric Kwakye Darfour (Eastern Regional minister-designate)

Mr. Ishmael Ashitey (Greater Accra Regional minister-designate)

Wednesday, 15th February, 2017

Dr. Archibald Letsa (Volta Regional minister-designate)

Mr. Alhassan Suleiman (Upper West Regional minister-designate)

Mr. Rockson Bukari (Upper East Regional minister-designate)

Thursday, 16 February, 2017

Mr. Kwaku Asoma Cheremeh (Brong Ahafo Regional minister designate)

Mr. Kwamena Duncan (Central Regional minister-designate)

Mr. Salifu Sa-eed (Northern Regional minister designate)

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By: Ebenezer Afanyi Dadzie/citifmonline.com/Ghana

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