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40
Special Edition
Newsletter of the Ghana Center for Democratic Development March 2022
YEAR 2021 IN REVIEW
Introducon THE RULE OF MEN CONTINUES TO
The COVID-19 pandemic constuted significant WEAKEN THE RULE OF LAW AND
JUSTICE
challenges to our way of life naonally and globally. In
Ghana, the pandemic heightened and further exposed
Ministry of Naonal Security's acons following
the gaps in our economic and polical structures. The
the armed invasion of CITI FM and the 'arrest'
conduct of the December 2020 general elecons, and assault of its reporter, Caleb Kudah
which saw the elecon of the NPP administraon for a
second term and an evenly-split Parliament, was
threatened by a cloud of uncertainty but our collecve On Tuesday, May 11, 2021, a reporter of CITI FM, an
efforts ensured its relave success. Government's Accra-based radio staon, Mr. Caleb Kudah, was
arrested by operaves of the Naonal Security
efforts to contain the spread of the COVID-19 virus
Ministry. Mr. Kudah was arrested for allegedly taking
while commendable, exposed the persistent gaps in 'unauthorized' pictures and videos of vehicles
various sectors of the economy. The management of procured with state funds but reportedly abandoned
public resources as part of government's response to for a long period of me and parked within the
the pandemic also woefully exposed weaknesses in premises of the Naonal Security Ministry. On the
public accountability systems. The highhandedness of same day, armed operaves of the Naonal Security
security agencies during and aer the general Ministry invaded the premises of CITI FM in 'rambo
elecons connue to undermine internal security style' in an a empt to arrest another reporter, Ms. Zoe
Abu-Baidoo, for allegedly receiving the pictures and
efforts and the constuonal rights of cizens as a
videos taken by her colleague, Mr. Kudah. Ms. Abu-
culture of complete disregard for the law and due Baidoo was released aer a few hours, while her
process creeps into the operaons of these security colleague Mr. Kudah was released later on the same
agencies. day.
This special edion of Democracy Watch captures
Following widespread public anger and condemnaon
some of the significant events and occurrences in the by civil society groups, the Ministry of Naonal
annals of our democracy in 2021, assesses their Security announced its intenons to commission an
implicaons for good governance in Ghana and makes internal invesgaon into the incident and take
recommendaons for policy makers to consider . appropriate acon.
On Thursday, May 20, 2021, the Ministry announced
certain steps it had taken following its internal
In this issue: invesgaons. The Ministry found that its operaves
The Rule of Men Connues to Weaken the Rule of
Law and Jusce
Ghana's Commitment to Fundamental Human Rights Contributors
Being Tested Dr. Kojo Asante
Challenges with Public Accountability and Mr. Nicholas Opoku
Transparency in the Affairs of the State Persist Mr. David Asante-Darko
Unparliamentary Conduct and MPs Immunity Power
GrabDemocracy Watch Newsletter
acted inappropriately in contravenon of ‘standard and on the CITI FM premises, including the a empt to
operang procedures’. The Ministry accordingly “arrest” Ms. Zoe Abu-Baidoo of CITI FM, that the
revoked the secondment to the Naonal Security admonion and recommendaons of the Short
Secretariat of certain personnel of the Ghana Armed Commission, including in the area of recruitment and
Forces and the Ghana Police Service who were found training, have not been heeded to or implemented by
to have been involved in or responsible for the the relevant authories. In addion to the proposed
incident, including Lt. Col. Frank Agyemang, Director change in orientaon, it is our view that the current
of Operaons at the Naonal Security Secretariat. architecture of Naonal Security, including the lines
The Ministry advised that the Ghana Armed Forces of accountability, authority, command, and
and Ghana Police Service take further disciplinary responsibility needs a re-look. While the Security and
acon against the officers involved. The Ministry also Intelligence Act, 2020 (Act 1030) sought to answer
found that Mr. Caleb Kudah's presence on the some of the pre-exisng structural and funconal
Naonal Security Ministry's premises on the day of challenges, it does not appear to have gone far
the incident was ‘unlawful’ and ‘unauthorized’. enough. Interagency and interpersonal turf ba les
evidently persist. With the designaon and
CDD-Ghana acknowledges the swi acon taken by appointment of a Minister in charge of Naonal
the Minister of Naonal Security. We also note that Security (both under this President and former
this is one of the rare occasions that the Naonal President Kufuor) it was expected that the “naonal
Security ouit has admi ed publicly that some of its security” funcon and apparatus would be both
operaves had acted “inappropriately” in an be er streamlined and brought under firmer civilian
encounter with cizens and also announced polical control, including from Parliament.
administrave or disciplinary acons against the Unfortunately, these formal organizaonal changes
culpable officers. However, the Ministry sought to have not translated into visible change in the way
minimize the misconduct of its operaves by “Naonal Security” operates or in the way cizens
describing the criminal assault against the person of perceive and experience “Naonal Security”. Indeed,
Mr. Kudah as merely ‘inappropriate’. This is it appears that the Minister for Naonal Security has
regre able, as it does not send the right signal as no proper or effecve oversight of the operaons of
deterrence to officers of the Naonal Security the so-called Naonal Security “Secretariat”.
apparatus. The Center also awaits the speedy Moreover, Act 1030 does not make clear what
conclusion of the Naonal Media Commission's oversight Parliament has or should exercise over the
invesgaons into the complaint filed by CITI FM on Minister, Ministry or the Naonal Security Secretariat.
this ma er. The Center would like to entreat the
Government and the Minister of Naonal Security to The Center appreciates the enormous and crical
seize upon this incident as an opportunity to pursue naonal security challenges the country faces,
more far-reaching reforms in the Naonal Security including security threats and developments in our
apparatus and its operaons, as the problems immediate neighborhood. What this calls for,
highlighted by the Kudah/CITI FM case has been however, is enhanced trust, understanding and
longstanding, recurring and systemic. cooperaon between cizens and the personnel and
agencies entrusted with frontline responsibility for
This latest incident once again brings into focus, the protecng the naon against credible and emerging
importance of taking seriously the observaons and threats to our security and cohesion. This goal is not
recommendaons of the Emile Short Commission. advanced by unprofessional personnel in the name of
Among other things, the Emile Short Commission “Naonal Security ” that either tarnish the
recommended that, “operaves of the Naonal professional reputaon and credibility of the various
Security Council should be trained to internalize naonal security agencies or alienates them from
human rights rules including the provisions on the important secons of the naonal community,
fundamental human rights of the Constuon including the media. Effecve naonal security calls
within their Standard Operang Procedures for a “whole-of-society” approach, not an “us” versus
(SOPs).” It is clear from both the incidents at the “them” mindset or posture that has a tendency to
Naonal Security compound involving Mr. Kudah alienate certain groups of cizens or segments of
Page 2Special Edition - March 2022
society or cause cizens to doubt the professionalism the preliminary steps announced by the Naonal
or integrity of persons acng in the name of naonal Security Ministry. It impliedly, in our opinion,
security. endorses his conduct and demonstrates the failure
of the Chief of Defence Staff to recognize the gravity
We call on Parliament to assume its righul place as and far-reaching implicaons of the case.
””
the mouthpiece of the cizenry and the principal
governmental oversight body to ensure that the It also sends the wrong signal to members of the
country has a Naonal Security system that is fit for security agencies that they can disregard the law
purpose. A good place to start is to revisit the Emile and 'standard operang procedures' and get away
Short Commission report and get Government to with it. It dwindles public confidence in the integrity
commit to credible reforms both in the way Naonal of the armed forces and undermines instuonal
Security personnel are recruited and trained and in efforts aimed at holding recalcitrant members of
the way Naonal Security goes about performing its the security agencies accountable. His elevaon
mandate. equally encourages the growing culture of impunity
amongst state actors who ought to be held to the
highest professional standards.
“Emile
A good place to start is to revisit the
Short Commission report and get
Postscript:
Following the assault on its reporter and the
Government to commit to credible subsequent invasion of its premises by operaves
reforms both in the way Naonal of the Naonal Security Ministry, the management
Security personnel are recruited and of CITI FM and CITI TV peoned the Naonal
trained and in the way Naonal Security Media Commission (NMC). The NMC in its report
”
goes about performing its mandate. released on or about June 3, 2021, determined that
the treatment meted out to Mr. Caleb Kudah by the
Ministry of Naonal Security operaves and the
The elevaon of Lt. Col. Frank Agyemang subsequent invasion of CITI FM/CITI TV premises on
May 11, 2021, was wrongful. The NMC took the
Among the steps taken by the Ministry of Naonal
view that all instuons in a democrac state must
Security and announced on Thursday, May 20, 2021,
act within the law and adopt approaches that
was the revocaon of the secondment to the
reflect democrac values.
Naonal Security Secretariat of Lt. Col. Frank
Agyemang, Director of Operaons at the Naonal
Security Secretariat. The Ministry had requested the
Chief of Defence Staff to conduct further The undemocrac exercise of police powers
invesgaon into the involvement of Lt. Col. in respect of civic protests
Agyemang and adopt appropriate acon.
The #FixTheCountry movement—an acvist group
Contrary to expectaons that the Chief of Defence which started with vigorous social media
Staff, would act in accordance with the Ministry's campaigns—has been repeatedly prevented from
request, a memo from the Ghana Armed Forces embarking on its long-planned demonstraon by
leaked to the media on Monday, May 24, 2021, the police administraon.
revealed that the implicated officer, Lt. Col. Frank
Agyemang, has been elevated to the posion of The group has for months been campaigning for
Commanding Officer of the 64 Infantry Regiment of structural reforms in Ghana's economy which is
the Ghana Armed Forces. plagued with rising public debt, increasing youth
unemployment, systemic corrupon, poor public
The elevaon of Lt. Col. Agyemang to this high- healthcare, polluon of water bodies occasioned by
ranking posion given his involvement in the CITI illegal mining, power cuts, rising rents and fuel
FM/ Caleb Kudah case is as surprising as it is prices among others.
disappoinng. His elevaon completely disregards
Page 3Democracy Watch Newsletter
A demonstraon in Accra planned by the movement Second, by arresng these persons without any
for May 9, 2021, was blocked by the police and the formal charges, the police acted in breach of Arcle
A orney-General with an 'indefinite' injuncon 14(2) of the Constuon and Secon 9(1) of the
secured from the High Court. The Court presided Criminal and Other Offences (Procedure) Act, 1960
over by Jusce Ruby Aryeetey in granng the ex (Act 30) which impose a duty on the police to
parte injuncon applicaon restrained the immediately inform persons arrested of the reasons
conveners of the #FixTheCountry movement “from for their arrest, restricon or detenon.
embarking on the planned demonstraon slated for
Sunday, May 9, 2021, or any other date unl the CDD-Ghana believes strongly in the law as an
restricon on public gathering is lied.” avenue to facilitate and advance the welfare of the
public. The Center finds the recurrent a empts to
The group got the Supreme Court to quash the High use the law to repress the rights of the public
Court order on June 8, 2021. In a unanimous troubling. In a democrac dispensaon such as ours
decision, the Supreme Court held that 'for the trial where the rights to protest, assemble and speak
judge to order the Applicants [#FixTheCountry freely are guaranteed by the Constuon, it is
conveners] and their assigns be prohibited from troubling for the police administraon to
embarking on a demonstraon on the 9th of May, persistently employ mechanisms to prevent any
2021 or any other date unl the Restricon on Public group of persons from actualizing these rights. The
Gatherings is lied by the appropriate authority, the consistent use of ex parte injuncon applicaons to
trial Court clearly exceeded its jurisdicon.' The deny the #FixTheCountry group from embarking on
Court reasoned that an ex parte injuncon its planned demonstraon is a repression of the
applicaon granted by a High Court cannot remain in freedoms enshrined in Arcle 21(1)(d) of the
force for more than ten (10) days, according to Order Constuon which assures Ghanaians of the
25, Rule 1(9) of the High Court Civil Procedure Rules, freedom of assembly including freedom to take part
2004 (C.I 47). in processions and demonstraons.
However, days aer the Supreme Court ruling, the Such undemocrac use of police powers is even
Police filed another injuncon applicaon at the more troubling considering the instrumental role
High Court seeking to prevent the group from the office of the A orney-General played in
embarking on its protest. securing the 'indefinite' order from the High Court.
The Centre disagrees with the Ghana Police Service
On June 25, 2021, eleven (11) members of the in its posion that the reasons given by the
#FixTheCountry group were arrested, ostensibly for conveners for the planned demonstraon were not
gathering in front of the High Court complex in Accra compelling. It is not the place of the police
while the hearing of the injuncon applicaon was administraon to determine the propriety or
ongoing. They were later released without charge. otherwise of a planned demonstraon.
The unlawful arrest of these persons and the Whereas the Center takes very seriously the
persistent efforts by the police administraon to challenge of the COVID-19 pandemic and the need
prevent the group from embarking on their protest is to observe all necessary prevenve protocols, it also
a yet another manifestaon of the undemocrac takes rigorous cognizance of the fact that the
exercise of police powers in Ghana. COVID-19 argument advanced by the police as the
basis for the injuncon applicaons is problemac.
First, merely gathering at a public place such as the The same police administraon prevenng a group
High Court Complex is not a crime, especially given from embarking on a protest cing COVID-19
the facts of this case which show that these persons restricons on public gatherings, sat back for a
had gathered in wait of a decision of the High Court massive funeral (a super spreader event) to be
in a case which they were pares to and or had an organised for the late former NPP General Secretary
interest in. and former CEO of the Forestry Commission, Mr.
Kwadwo Owusu Afriyie (aka Sir John) in breach of
Page 4Special Edition - March 2022
the COVID-19 restricons on public gatherings. Vehicle.'(p.49 of the report) (pp. 49,50 of the
report); (iii) 'there was no proper coordinaon in
The general disposion of the police in handling this the handling of the situaon by the Police' (p. 51 of
case seems to be one of strong-arming and tyranny; the report). The Commi ee also found that (iv)
'there was no proper security briefing and
an a tude which is at odds with the mandate of the
intelligence gathering and sharing. From the
police to maintain law and order. evidence of the Ashan Regional Minister who is
the Chair of the Regional Security Council
An obvious need exists to reorient the Ghana Police (REGSEC), it is obvious that the intelligence
Service in the execuon of their mandate. However, informaon he received caused him to authorize
the challenge that is apparent here is the age-old one the deployment of the military…if there was a
of government using state apparatus to deny and proper sharing of intelligence informaon among
repress the freedoms of the cizenry. The members of REGSEC and their respecve
government needs to be more a uned to the needs organizaons this “knee-jerk” approach would not
of the naon and the demands of the populace. have been adopted in the handling of the situaon
on the ground…this escalated the situaon and
thereby provided grounds for the deployment of
Unlawful killings at Ejura and ma ers arising the Military.' (pp. 51,52 of the report); (v)
'immediately the personnel touched down they
started firing the warning shots…we note that
On Tuesday, June 29, 2021, two (2) persons, although the firing of live ammunion achieved the
idenfied as Abdul Nasir Yusif and Murtala intended purpose of dispersing the rioters, it le in
Mohammed, were reportedly shot and killed by its trail, unnecessary deaths, pain and suffering of
s e c u r i t y fo rc e s w h e n t h e yo u t h o f E j u ra the people of Ejura. This in the view of the
Sekyedumase in the Ashan Region were protesng Commi ee could have been prevented if the Police
had prepared adequately in terms of personnel and
the brutal murder of Ibrahim Mohammed alias
logiscs upon receiving the intelligence
'Kaaka', a community acvist. Four (4) other persons informaon prior to the events of June 29, 2021
were also severely injured as a result of the brutal (pp.52,53 of the report).’
force used by security forces. These findings and the conduct of the Commi ee's
work raise a number of concerns.
A video of the protest captured live and broadcast by
the Mulmedia Group shows military personnel, First, the Commi ee's finding that 'there was no
upon arrival at the scene, fired warning shots into the proper security briefing and intelligence gathering
air and then took aim at the protesters, firing live and sharing' among members of REGSEC and their
rounds into the crowd and reportedly killing the two respecve organisaons; a development which led
protesters and injuring four others.
to the 'knee-jerk approach' in the handling of the
A three-member commi ee led by Jusce George incident is deeply worrying. It shows that the
Kingsley Koomson (a Jusce of the Court of Appeal) REGSEC and the Police administraon have to work
constuted by the Interior Minister to invesgate the harder in the management of civic protests. Given
unfortunate occurrences at Ejura and related the demographics of the country and growing
ma ers presented its report to the Interior Minister inequality, these types of civic formaons and
on July 27, 2021. protests are likely to be frequent.
Amongst the Commi ee's findings were that (i) 'the Second, the involvement of the military in internal
death of “Kaaka” was not directly linked to his social security ma ers and the Standard Operang
media acvism. It [was] more probably a family fued.' Procedures (SOPs) of the security apparatus in such
(p. 49 of the report); (ii) 'there was no need or
situaons have to be reviewed. The Commi ee's
jusficaon for the dispatch of a Police Riot Vehicle
(water canon) to the cemetery on the morning of the finding should provide impetus for the naonal
29th of June…the presence of the Riot Vehicle at the security hierarchy to re-examine the regional
cemetery on June 29 was an act of provocaon which security apparatus including the lines of
incensed an already angry and violent youth, thereby communicaon, accountability, authority,
culminang in the a ack on the Police Riot command, and responsibility to prevent the
Page 5Democracy Watch Newsletter
reoccurrence of the unfortunate incidents at Ejura. Illegal mining, Professor Kwabena Frimpong
Boateng, of the government's commitment to
Finally, though the Commi ee suffered a credibility protecng the environment.
crisis during the hearing as it sought to blame the
media for the violence in Ejura, its final report was In a renewal of his commitment to the fight against
well received except the conclusions drawn on the 'galamsey,' the President commissioned 'Operaon
reasons for the murder of Kaaka and who may have Halt', a mission against illegal mining that began
done the killing. Those early lapses were difficult to with 200 men drawn from the Ghana Armed Forces
explain given the composion of the Commi ee. In and the Police Service. It has since progressed to
the future, it may be useful to provide such include 400 men as at the commencement of the
commi ees with stronger technical support and fourth phase where they have been tasked with
advisors as was successfully done with the Emile “removing all persons and logiscs involved in
Short Commission which invesgated the violence mining on water bodies.” The disnguishing
that characterized the Ayawaso West Wuogon by- element in this new drive to tackle the galamsey
elecon in 2019. menace, is that as underscored by the Minister of
Defence, Mr. Dominic Niwul, unlike in previous
a empts to flush out illegal miners from Ghana's
The connuing struggle against 'galamsey' water bodies and forest reserves, the government
announced that all equipment seized under this
Following measures instuted during his first term as new effort to end galamsey will be destroyed on-
site. The first leg of the operaon, dubbed
President to eliminate the menace of illegal small-
‘Operaon Halt’ was undertaken on the Pra river
scale mining, (aka 'galamsey') which have either had and resulted in the arrest of two Chinese naonals
very limited success or outrightly failed, the at An eku near Twifo Praso in the Central Region
President, Nana Akufo Addo introduced a set of for illegally mining in a forest reserve. On May 7,
measures aimed at countering the problem at the 2021, the Ghana Armed Forces deployed 400
start of his second term. Measures taken by the soldiers of all ranks to begin the second phase of
government to counter illegal mining in the past 'Operaon Halt' to rid the country's water bodies of
included the use of drone technology, fi ng tracking illegal miners. On May 11, 2021, the Minister of
devices in excavators used in mining districts, the Defense, Dominic Niwul, revealed that some 28
excavators used in illegal mining acvies had been
deployment of 'Operaon Vanguard', 'Galamstop'
destroyed, along with some 218 chanfangs, five
and the establishment of district mining commi ees canons, eight industrial ba eries and 18 water
in mining areas across the country. These measures drilling machines.
also included a temporal ban on the acvies of
small-scale miners in March 2017 as part of efforts to In the wake of the new measures to tackle illegal
sanise the mining sector and protect the mining, grave concerns have been expressed about
environment. Following the introducon of these the pracce of burning excavators and other mining
measures, recurrent news reports about the equipment and its legality. The General Secretary of
destrucon of forest reserves and landscapes the Small-Scale Miners Associaon, Godwin Armah,
said the current law only mandates state authories
through illegal mining suggest that the measures
to seize such equipment and not burn them as being
have been anything but successful. A endant to done by the military task force deployed to fight the
these have been repeated complaints from the menace. In Parliament on May 28, 2021, the
Ghana Water Company Limited (GWCL) about the Member of Parliament for Tamale South Haruna
adverse effects of illegal mining acvies on their Iddrisu, quesoned the legality of the direcve to
storage and generaon capacity. They even sounded burn mining equipment upon their seizure. In
repeated warnings of an imminent water crisis response to a statement by the President endorsing
should illegal mining acvies connue. Illegal the burning of excavators, Mr. Haruna Iddrisu
mining acvies connued, and the unhindered begged to know which law in the Constuon that
the President had sworn an oath to protect and be
destrucon, along with it, despite assurances by the
guided by, permi ed the burning of mining
then Chairman of the Inter-Ministerial Task Force on equipment upon their seizure. The majority leader
and Member of Parliament for the Suame
Page 6Special Edition - March 2022
constuency, Osei Kyei Mensah Bonsu responded by of the environment has only seemed to worsen with
saying that in instances where operators of illegal me regardless of the effort invested by
mining equipment were arrested alongside the government in the fight against illegal mining. The
seizure of their equipment, mining equipment were Center here, takes parcular cognizance of the
not burnt. But in situaons where illegal miners looming water crisis which Ghana Water Company
absconded, rendering excavators immovable by Limited (GWCL) connually sounds an alarm about
removing the vital cog, Operaon Halt II agents were amid recurrent complaints of the adverse effects of
le with li le opon other than to 'cause further illegal mining acvies on their storage and
immobilisaon' of the excavator by burning it. generaon capacity. The Center also takes
parcular note of reports of how the EU, alarmed by
Responding to the issue of the legality of the pracce satellite images showing the level of degradaon to
in quesons filed by the Member of Parliament for Ghana's forest areas in recent years, has threatened
North Tongu, Samuel Okudzeto Ablakwa, the to restrict cocoa from Ghana. The EU, is said to
Minister for Lands and Natural Resources, cing constute the market for about 80% of Ghana's
Arcle 36(9) of the Constuon which mandates the cocoa, and that is why it is worrisome li le concern
state to “take appropriate measures needed to is shown considering the rate of destrucon of our
protect and safeguard the naonal environment for water bodies and forest reserves.
posterity”, stated that the government and the an-
galamsey task force were well within their rights to It begs quesons about our commitment to the
burn excavators found at illegal mining sites. The fight against illegal mining, how four Chinese
manner of decommissioning and demobilizaon naonals, Shi Li Wen, Huang Shen Jun, Li DeHao and
was at the discreon of officials, he said. Addressing Lan Hai Song who on June 3, 2021, were found
concerns raised about how the burning of mining guilty of illegally mining a 40-acre land in Obuasi,
equipment could a ract judgement debts to the were slapped with deportaon instead of being
state, the Minister of Informaon, Kojo Oppong imprisoned. It is the view of the Center that success
Nkrumah, said no court was going to grant a in the fight against illegal mining cannot materialize
judgement debt to an illegal miner whose mining unl the war being waged on mining equipment is
equipment were seized and burnt by the directed at the individuals undertaking the illegal
government. acvity and the appropriate penales and
sancons, meted out to pares determined by the
A general observaon by CDD-Ghana regarding the law courts to be in breach of the regulaons
current fight against illegal mining, is that there governing small-scale mining. Parcularly, the
seems to be too much emphasis on the nuisance Center would implore the judiciary to expedite
that mining equipment constute and not enough acon on the prosecuon of suspects arrested for
energy in arresng, prosecung and incarcerang illegal mining and also to be measured in granng
the kingpins and illegal miners deploying the leniency.
equipment. CDD-Ghana finds the disparity between
the resources being sunk into the destrucon of A significant challenge that has to be noted about
equipment seized and the effort being put in the the effecveness of the exercises conducted to
prosecuon of illegal miners arrested despairingly clamp down on illegal mining has been how
wide. The Centre holds the view that the fight against centralized they are. Communies plagued by
illegal mining in the country has been ongoing for far illegal mining are rife with reports of illegal miners
too long for successive administraons that have returning upon the conclusion of an-illegal mining
tackled it to not have made arrests of any of the key drives commissioned by the government. The
players involved in the menace. This view is in line discreonary manner of these exercises as against
with views expressed by His Majesty Otumfour Nana their sheer costs give the Center some concerns
Osei Tutu II at the Regional Consultave Dialogue on about their sustainability over the long-term. It is
Small Scale Mining in the AshanRegion on May 12, the view of the Center that a collaborave effort
2021. Addressing the people gathered at the between the government and the various chiefs
funcon, he said, “When we divide the audience in and district heads will deliver be er results. The
this room into ten, 30 percent of them will know Center therefore advocates the decentralizaon of
those involved in galamsey…If you are not truthful, efforts in the fight against illegal mining in the
we will keep deceiving ourselves and be organizing country. It is the posion of the Center that the
conferences such as this.” devolvement of the fight to the lower echelons of
It is a regre able observaon to make that the state administraon will make not only for more
Page 7Democracy Watch Newsletter
sustainable and effecve outcomes but is also more the Circuit Court was unwilling to deviate from it.
likely to constute less of a drain on the state's The accused persons connue to remain in police
coffers. The Center also believes this is the only custody.
guaranteed way to ensure that areas that have been
rid of illegal miners connue to stay free of illegal CDD-Ghana is appalled at how the Courts and the
miners instead of yielding to this vicious cycle where
State have handled this ma er and have allowed
illegal mining acvies spring up again the moment
these young Ghanaians to be incarcerated for 19
security forces sent to clamp down on the menace
vacate the site of the illegal mining. days and counng.
First, it is clear that gathering to educate people at a
GHANA'S COMMITMENT TO hotel venue on LGBT+ issues is not a criminal act or
FUNDAMENTAL HUMAN RIGHTS crime under the Constuon or any statute. At the
BEING TESTED me of their arrest, the arrestees were not engaged
in or found to have engaged in any unlawful act or in
The arrest and prosecuon of LGBT+ acvists possession of any unlawful or prohibited items.
and ma ers arising Their arrest and subsequent mistreatment are,
therefore, a clear violaon of their constuonal
right to freedom of assembly and associaon.
On May 20, 2021, the Volta Regional Police Second, given the charge that has been preferred
Command arrested 21 young alleged Lesbian Gay against them, which is, at worst, a misdemeanor,
Bisexual and Transgender (LGBT) acvists in Ho. The and the facts of the case (facts which hardly support
accused persons, comprising 16 women and 5 men, the charge), the inferior court judge ought to have
were arrested aer Police invaded a hotel where a been guided by the prevailing law on the
conference on human rights was ongoing. On May determinaon of bail applicaons. The circuit
21, 2021, the accused persons were brought before court's refusal to grant bail on three (3) different
the Circuit Court, Ho, on the charge of unlawful occasions unfairly prejudices the accused persons
assembly under Secon 202 of the Criminal Offences even before their trial. This is at variance with the
Act, 1960 (Act 29). Their bail applicaon was denied Supreme Court decision in Marn Kpebu v
by His Honour Felix Datsomor on grounds that the A orney-General (2016), Secon 96 of the Criminal
Police required more me to invesgate the ma er. and Other Offences (Procedure) Act, 1960 (Act 30)
The accused persons were remanded in police and the Pracce Direcon for the Determinaon of
custody. Counsel for the accused persons appealed Bail and Consequenal Ma ers issued by the Chief
the decision on the bail applicaon at the High Court Jusce in 2019.
but this appeal was also refused on grounds that the
accused persons were a flight risk. The occasional use of archaic colonial legal relics
like Secon 202 of Act 29 by the police to
O n J u n e 4 , 2 0 2 1 , t h e P r o s e c u t o r, C h i e f undermine constuonal rights, parcularly the
Superintendent Ayamga, told the Circuit Court, Ho, right to assemble, exposes the stagnaon we
that the ma er had been referred to the A orney- connue to experience in efforts to promote and
General for advice. A second applicaon for bail protect human rights in Ghana.
made by counsel for the accused persons was
unopposed by the prosecutor. The Circuit Court In a democrac dispensaon where the rights of all
Judge, His Honour Felix Datsomor, adjourned the persons, including social minories, are guaranteed
case to June 8, 2021 to consider the arguments made under the Constuon, targeng and singling out
by counsel. The accused persons were once again, LGBT+ persons for such harsh and unfair treatment,
remanded in police custody. When the court merely for associang and assembling with each
reconvened on June 8, 2021, the Circuit Court judge other for noncriminal purposes, including to plan
refused the bail applicaon again on grounds that a advocacy for be er treatment under the law,
High Court had already decided on the ma er and further marginalizes and vicmizes them and sets a
dangerous precedent for the treatment of
Page 8Special Edition - May 2020
unpopular minories in general. The Constuon protect cizens who on mere suspicion of being gay,
does not prohibit any group of cizens from banding have been harassed and abused by individuals,
together to advocate for be er treatment under the usually acng in concert with officials of security
law, including for reform of the law or of law services.
enforcement to enhance their lives as equal cizens.
The Center calls on the A orney-General who is
clothed with the State's exclusive prosecutorial
power under the Constuon to intervene in this Achimota School's refusal to enroll
ma er and stop the needless connuing harassment Rastafarian students, High Court decision
and violaon of the constuonal rights of these 21 and ma ers arising
compatriots.
On March 19, 2021, Tyrone Marghuy and Oheneba
The Center also calls on the Commission on Human Kwaku Nkrabea, both young Rastafarian students
Rights and Administrave Jusce (CHRAJ) to take were refused enrolment aer having gained
proacve steps, including public educaon, to admission to Achimota School, a second cycle
ensure that all cizens, regardless of social approval educaonal instuon. Achimota School claimed
or disapproval of their personal choices and the hairstyle of the two students; 'dreadlocks'—a
preferences in purely private ma ers, are able to highly regarded emblem amongst members of the
exercise and enjoy the rights guaranteed equally to Rastafari community—was against the rules and
all persons under the Constuon without social or regulaons of the instuon. Authories of the
official harassment. school insisted both boys would have to shave their
dreadlocks to be enrolled.
Postscript
On August 5, 2021, the case against the 21 LGBTQ+ Given widespread media backlash on Achimota's
acvists arrested in Ho and charged with the offence decision, the Ghana Educaon Service (GES)
of 'unlawful assembly' was dismissed by the Court. ordered the school to enroll both boys but the
Chief Supt. Akolgo Yakubu Ayamga, a police school blatantly defied the order. Amid mixed
reacon from the public, a number of the school's
prosecutor, said the A orney-General had advised
affiliates, including the Parent Teacher Associaon
there was insufficient evidence to connue with the (PTA) of the school, the Old Achimota Associaon
prosecuon of the acvists. (OAA), an associaon of alumni and former staff of
the school, the Naonal Associaon of Graduate
This is welcoming news. However, the ordeal of Teachers (NAGRAT) and the Ghana Naonal
these LGBTQ+ acvists at the hands of the Police and Associaon of Teachers (GNAT) either came out to
many such cases in the recent past bring into sharp support or re-echo the school's stance on the
focus Ghana's commitment to fulfilling its ma er. A statement by the PTA cited Secon H
internaonal human rights obligaons. Some of the (General Appearance) Item 3 of the Achimota
21 LGBTQ+ acvists arrested and detained in Ho School's revised rules and regulaons (August 2020)
were subjected to harsh detenon condions, which states that: “Students must keep their hair
low, simple and natural. (Students' hair should not
according to Human Rights Watch. While some were
go through any chemical process). The scalp must
brutally arrested by the police and detained in not show.”
dungeon-like cells with woeful venlaon, others
were tortured while in police custody. One acvist In a baffling about-turn, the GES reversed its
disclosed to Human Rights Watch that she was posion, calling for a meeng between the parents
detained in a cell together with males for a day of the Rastafarian teenagers and the authories of
because the police insisted she is not female. the school, at which it tried to compel the
Rastafarians to yield to the demands of the school.
These incidents and the grotesque circumstances On March 31, 2021, Tyron Iras Marhguy (acng
under which persons suspected of being members of through his father, Tereo Marhguy) sued Achimota
the LGBTQ+ community are treated highlight the School's Board of Governors and the A orney-
General at the High Court, Accra, asking the Court to
need for the State to take the necessary acon to
declare that the refusal of the First Respondent –
Page 9Democracy Watch Newsletter
being the Board of Governors of the Achimota some African countries about appropriate school
School – to enroll the Applicant on the basis of his and workplace hairstyles and the progressive
Rastafarian beliefs as expressed in his dreadlocks, is regulaons being enacted and enforced. It is
a violaon of his fundamental human rights and worthy to note, as a country way ahead of Ghana in
freedoms guaranteed under Arcles 12(1), 23, adopng progressive and more inclusive a tudes
21(1)(b)(c) of the 1992 Constuon. On May 31, towards hairstyles in schools, South Africa sll
2021, the Court ruled in favour of the Rastafarian contends with intermi ent scandals involving the
student. The Court reasoned that the fundamental violaon of human rights in relaon to hairstyles in
human rights of the Rastafarians cannot be limited schools.
by the rules and regulaons of the school.
The Center is however concerned with the manner
CDD-Ghana welcomes the decision of the High in which clear direcves issued by state regulatory
Court on this ma er. The Center also commends the instuons (in this case the GES), were casually
learned trial judge, Jusce Giy Agyei Addo, for disregarded by the school. The Center is equally
conducng the case expediously in order to concerned about public statements made by
protect the rights of the affected students. The persons occupying high profile posions of public
Centre condemns Achimota School's inial failure to trust (including the First Deputy Speaker of
enroll the two students as an infringement on the Parliament and MP for Bekwai, Joe Osei-Wusu)
rights and freedoms of the students provided for endorsing the unconstuonal posion of
under arcles 12(1), 23, and 21(1)(b)(c) of the 1992 Achimota school. What strikes the Centre as
Constuon. The growing wanton disregard and equally morfying is the way the GES changed its
abuse of the rights of persons, parcularly minority inial stance to support the school, as though it
groups by public instuons have assumed worrying were taking instrucons from the school when by
proporons recently. A noted instance of grave statutory design Achimota ought to comply with
concern, with striking similaries to the case of the GES direcves.
Rastafarian boys is the incident at Wesley Girls
Senior High School where Muslim students have The Center however acknowledges, that whereas
been prevented from observing several customs the victory of the two Rastafarian boys at the court
demanded by their religion, with fasng during the and their subsequent enrolment at Achimota
Ramadan prominent among them. The Centre notes School will not spell doom as has been suggested in
that the conduct of Wesley Girls High School is in certain quarters, there is the need for consultave
clear breach of the rights of its Muslim student deliberaon among stakeholders to determine
populaon. It is the expectaon of the Centre that some fundamental rules to which students must
the Court's decision in the case of the Rastafarian conform in high schools.
students brings to an end the troubling affinity for
discriminang against minority groups in public Ghana has just embarked on a journey on which
instuons. others have far advanced, adopng progressive
measures in establishing a secure environment
Apart from the fact that the denial of enrolment to conducive to the rights and the freedoms of one
the two Rastafarian boys was in violaon of their and all. It is a journey that should permit us all to
fundamental human rights, a salient feature of the discard old prejudices, learn and grow.
case is how foreign or non-African students at the
very same instuon are rounely allowed to keep
hair that is in clear contradicon with the spulated
rules and regulaons of the school, despite how
sacred we are made to believe the school holds its “which
Ghana has just embarked on a journey on
others have far advanced, adopng
rules and regulaons. For a populaon that is progressive measures in establishing a
predominantly black, it is disturbing how this mirrors
secure environment conducive to the rights
the racial undertones apparent in cases of
discriminaon in a country like South Africa involving and the freedoms of one and all. It is a
black hair. It is a good thing that the case called journey that should permit us all to discard
”
a enon to the issue of hairstyles in public spaces in old prejudices, learn and grow.
the country and opened a vital conversaon in the
country in light of all the contenon going on in
Page 10Special Edition - March 2022
CHALLENGES WITH PUBLIC Leader in Parliament, Alexander Afenyo Markin,
ACCOUNTABILITY confirmed that Sheikh Ahmed Dalmook Al
AND TRANSPARENCY IN THE AFFAIRS OF Maktoum had refunded the sum of $2.47 million to
THE STATE PERSIST government.
Despite the disaffecon of the Minority in
The
3. What
outcome
is theof
Athe
orney
Sputnik-V
General's
vaccine scandal Parliament and the public uproar surrounding
appropriate
and its implicaons
role in defending
for public acons
accountability these irregularies, these acon by the Minister
brought
and the rule
against
of law
State agents? and government represent a long-established
pa ern of disregard for regulaon and propriety in
government procurement that stretches further
On March 6, 2021, the Norwegian news outlet back than the very first dealings involving the
Vergens Gan released a story detailing the Sheikh. The decision by the Minister of Health to
involvement of Ghanaian health authories in a resort to middle men with an established record of
vaccine deal with Sheikh Ahmed Dalmook Al quesonable dealings with the country, especially
Maktoum, an agent of the sub-distributors of the when he knew he could contact the Russian
RDIF's Sputnik-V in Ghana and second cousin to the authories directly and had the means to do so,
ruler of Dubai. On March 9, 2021, an agreement was does not paint his intenons in a posive light,
signed by Sheik Ahmed Dalmook Al Maktoum with despite his claims to the contrary.
the Ministry of Health for the sale of 3.4 million doses
of the Russian Sputnik-V vaccine to Ghana at $19 per The claim by the Minister that he hit a diplomac
dose while a dose was going for $10 on the wall in his a empt to contact Russian authories or
internaonal market. According to the agreement, that he opted to deal with the sheikh out of a desire
the first 300,000 of these doses were to be delivered to “deal with enes that demonstrated the
within the first two weeks following the agreement. A availability and capacity to deliver vaccines with
week following this agreement, on March 16, 2021, acceptable efficacy and safety standards,” woefully
another agreement was signed with S. L. Global for 5 comes up short. Following the development of the
million doses at $18.5 a dose. Sputnik vaccine for the new coronavirus, Russian
manufacturers were eager to engage partners.
Aer an alarm was raised by two MPs of the Naonal Details on the Sputnik-V website indicated that the
Democrac Congress, Haruna Iddrisu and Kwabena manufacturers were already in business with 14
Mintah Akandoh, it came to light at the si ng of an countries producing their vaccine abroad,
ad hoc commi ee set up to invesgate the ma er, including India, China, Brazil, Mexico, Egypt, Iran,
that Honourable Kwaku Agyeman-Manu, the Italy, South Korea, Argenna, Kazakhstan, the
Minister of Health who acted on behalf of the Republic of Belarus, Serbia, Turkey, Vietnam and
Government of Ghana ('GoG'), failed to obtain were “looking forward to new partners willing to
parliamentary approval. This was glaringly an join this iniave and help save lives.”
i n t e r n a o n a l a g r e e m e n t w h i c h r e q u i r e d
Parliamentary scruny and approval in accordance The onset of the COVID-19 pandemic triggered a
with arcle 181 of the 1992 Constuon ('the legion of responses from both government and
Constuon'). It was also revealed that the minister non-governmental agencies in a range of efforts to
failed to obtain the approval of the Public combat the pandemic. The result was collaboraon
Procurement Authority for the two agreements among agencies at various levels in the private
signed in relaon to the deal and that although the sector and also within the government, where the
minister swore under oath that no money has been iniaves like the Coronavirus Alleviaon
paid, almost $2.85 million, being half the contract Programme, managed by the Naonal Board for
sum of $5.7 million for the 300,000 doses, had been Small Scale Industries, strived to augment the
paid. A day prior to his appearance before the nine- Presidenal Inter-ministerial Taskforce, a joint
member ad hoc commi ee of Parliament, the effort between several ministries and government
Minister of Health announced the cancellaon of the agencies, frontline staff and the ministry of health,
contract. On August 12, 2021 Deputy Majority to find out the best ways to blend regular
Page 11Democracy Watch Newsletter
administraon with strategies to tackle the Following from the facts of this debacle, it goes
pandemic. This cooperaon was the outcome of strictly against the principles of good governance
the realizaon that combined efforts by various for the Deputy Majority Leader in Parliament,
state instuons and agencies was the only way to Afenyo Markin, to state in his role as chairman of the
mount an effecve front against the disease. It commi ee that invesgated the ma er, that the
therefore raises quesons as to how come “ma er must come to a finality and we have to
decisions involving the choice and procurement of move on as a country,” essenally implying that the
vaccines, a salient strategy in the fight against the Minister of Health should not be brought to account
pandemic, could essenally be le to one person's for his failure to comply with due process. In what
discreon. It is quite unse ling that the impression other instance does one invoke the rule of law if
was created that in the heat of such a crical health such glaring violaons of administrave procedure
crisis, the government had no reservaons about are allowed to transpire without consequence?
pu ng significant secons of his populaon at risk, How, by failing to ensure that appropriate punive
by procuring such sensive arcles as vaccines from measures are rendered to faulng individuals, do
a business enty with no business line or record of we ensure that such violaons do not happen
handling vaccines. It is inconsistent with due again?
process and the mandate of the Ministry of Finance
that acon on such a quesonable deal by the There is the need to ensure that state resources are
ministry was pursued and expedited to such used judiciously, even during a pandemic. Despite
terminal degree, and even on the blindside of the the increased degree to which countries have been
Minister of Health, the originator of the deal, compelled to work together in tackling the COVID-
despite a prior prompt by the A orney-General 19 outbreak, collaborang and sharing data and
regarding several clauses in the agreements and an resources, the uncertainty surrounding the
instrucve cauon by the same office that the pandemic, with respect to what new form it will take
a g r e e m e n t s a m o u n t e d t o i n t e r n a o n a l or when or if it will ever end, sll places individual
agreements and as such required parliamentary countries under serious obligaon to protect and
approval. maintain the health of their cizens and also to be
frugal in their management of economic resources.
In light of our prevailing circumstances, measures In the case of Ghana, it brings to the fore the need to
must be put in place to enable the country prepare revamp our health facilies, and enhance our
adequately for unforeseen occurrences of this capacity for research and innovaon. Essenals for
nature in the future. Any sustainable or meaningful the treatment of COVID-19 paents were inially
effort in this regard will however call for a new limited to facilies like Noguchi Memorial Instute
dynamic in which regulaons that guide our for Medical Research. Mortality rates in the country
government and state instuons are not flouted for COVID-19 at the me could have been greatly
with such flagrant and reckless abandon by the very reduced if health facilies across the country were
agents meant to exemplify duty and deference to adequately equipped with such equipment as
our state instuons, including parliament. The personal protecve equipment (PPEs), oxygen
sheer urgency of this is found in the u er lack of cylinders, etc. There are even at the present,
regard for the public mandate exhibited by the considerable challenges for the country in the
failure of the Ministry of Finance to noce the procurement and distribuon of an adequate
several procurement regulaons that the le ers of number of vaccine doses for the enre populaon.
credit issued for this deal were in breach of. It is Available stocks are nowhere near the quanes
further accentuated by the u er lack of required to protect the enre country. Upholding
transparency or commitment to accountability the rule of law in this case may not merely be in the
exhibited in how despite the effort and public interest of democracy or good governance but also
resources expended on the instuons implicated, a desperate ma er of survival.
the Ghanaian public would very likely have never
been privy to the breach of public trust and the
breach of the constuon were it not for the
Norwegian newspaper.
Page 12Special Edition - March 2022
parcularly in the area of conflict of interest.
Conflict of interest allegaons against Chapter 24 of the 1992 Constuon (arcles 284-
Minister of State at the Finance Ministry, 288) provides a code of conduct for public officials.
Charles Adu BoahenCol. Frank Agyemang Arcle 284 of the Constuon generally proscribes
conflict of interest situaons in public office. This is
because public office is a trust and every public
On June 2, 2021, the Minister of State-designate at official must serve in the interest of the public. It is a
the Finance Ministry (now Minister), Mr. Charles reasonable expectaon of the cizenry that public
Adu Boahen, was ve ed by Parliament's officials perform their dues with integrity, in a fair
Appointments Commi ee. Prior to the ve ng, the and unbiased manner and not allow their private
Member of Parliament (MP) for Bolgatanga Central interests and affiliaons to compromise official
constuency, Mr. Isaac Adongo, had called on the decision-making.
Appointments Commi ee to reject Mr. Adu
Boahen; accusing him of conflict of interest given Arcle 287 of the Constuon mandates the
the involvement of his company, Black Star Commission on Human Rights and Administrave
Brokerage (a bond market specialist), in the Jusce (CHRAJ) to invesgate the allegaons of non-
issuance of bonds by the Ministry of Finance. compliance with Chapter 24 of the Constuon.
However, the absence of any detailed definion of
Appearing before the Appointments Commi ee, the situaons which constute conflict of interest
Mr. Adu Boahen confirmed that his firm, Black Star and/or a unified code of conduct for public officials
Brokerage, was selected as one of the Bond Market makes the processing of such allegaons by CHRAJ
Specialists to the Finance Ministry. Mr. Adu Boahen difficult.
also told the commi ee that he resigned from the
Board of Black Star Brokerage in 2017; years before In a bid to provide a general framework for
the company was selected by the Finance Ministry determining conflict of interest situaons, CHRAJ in
as an advisor to the internaonal markets program. 2006 published 'Guidelines on Conflict of Interest'.
He also indicated that despite the company's According to the guidelines, conflict of interest
selecon by the Finance Ministry following a 'merit- refers to a situaon where a public official's personal
based selecon process', the company did not interest conflicts with or is likely to conflict with the
parcipate in the Eurobond issuance. As such, the performance of the funcons of his/her office. Put
company was not paid any fees by the government. differently, conflict of interest occurs when a public
On June 16, 2021, Parliament approved the official a empts to promote or promotes a private
nominaon of Mr. Adu Boahen as Minister of State or personal interest for himself/herself or for some
at the Finance Ministry. other person and the promoon of the private
interest then results or is intended to result or
Although the Appointments Commi ee did not appears to be or has the potenal to result in (i) an
thoroughly probe this ma er to ascertain the interference with the objecve exercise of the
veracity or otherwise of the claims, this allegaon, person's dues; and or confers (ii) an improper
coming on the back of several other conflict of benefit or an advantage by virtue of his/her posion.
interest scandals involving senior public officials,
demonstrate that conflict of interest is rife in public Conflict of interest as a behavior is difficult to
office. In fact, many of the corrupon cases that the regulate. In some cases, it can be managed with
Commission on Human Rights and Administrave early disclosure and recusal acons. The officer
Jusce (CHRAJ) has invesgated in the recent concerned must take all appropriate steps to
past—including the 'contracts for sale' case extricate himself/herself from a conflict of interest
involving the former CEO of the Public Procurement situaon as soon as it is foreseeable. The officer
Authority (PPA), James Boateng—arose because of must then report the conflicng situaon and
conflicts between the public interest and private, disclose the circumstances to his/her superior and
professional or commercial interest. These cases remove himself/herself from any deliberaons or
highlight the need for the country to strengthen decisions on the ma er.
regulaons on the conduct of public officers,
Page 13Democracy Watch Newsletter
However, there are cases where management of Center highlighted in its memo to the Commi ee on
a conflict of interest situaon is neither adequate Constuonal, Legal and Parliamentary Affairs on
nor prudent and cannot be allowed at all. For June 8, 2020. For instance, Clause 23 of the bill if not
example, in some jurisdicons, a member of the amended would operate to exonerate any public
Superior Courts cannot operate a law firm while officer caught in a conflict of interest situaon so
serving on the bench. long as he or she adheres to the disclosure and
recusal remedies for managing conflicts of
In the instant case, the fundamental queson is interests. Its effect renders the enre bill a charade
whether Mr. Adu Boahen in his capacity as Deputy given how rife conflict of interest is in public office.
Finance Minister had or is likely to have had any This is because in a corrupon case it is easy for the
influence on the decision of the Finance Ministry recipient of disclosed informaon (usually a
to engage Black Star Brokerage by virtue of his superior officer) and the declarant to collude to act
posion. Even though he claims to have resigned in ways that confer an advantage on the declarant
from the Board of the company in 2017 and had even if he or she has recused himself or herself.
no dealings with the company at the me the Going forward, a more effecve approach is for any
Finance Ministry took the decision to engage the such clause to be deleted and an express provision
company, the mere appearance of a potenal made in the bill that there are certain conflict of
conflict of interest situaon is one which should interest situaons which cannot be managed by
have been avoided completely given his posion disclosure and or recusal acons. In such cases, the
at the Finance Ministry. The appearance of his officer in queson must seek clearance from CHRAJ.
direct or indirect involvement in government's
engagement of the company alone sends the
wrong signal to the rest of society that it is okay
Allowances for presidenal spouses
for a senior public official to have a private
company do business with government and
whitewash any allegaons of conflict of interest
On July 6, 2021, the Minister of Informaon, Kojo
by claiming to have resigned from the company
Oppong Nkrumah, confirmed that there had been
before the company was engaged even though he
an increment in allowances paid to the spouses of
sll has ownership interest in it. Such cases
the President and the Vice-President, Mrs Rebecca
dwindle the already depleng public confidence
Akufo-Addo and Mrs Samira Bawumia respecvely.
in the management of public offices.
Mr. Oppong Nkrumah however noted that these
allowances were approved by the Seventh
Given the seriousness of the allegaons against
Mr. Adu Boahen, the Appointments Commi ee Parliament based on the recommendaon of the
ought to have referred the ma er to CHRAJ to Presidenal Commi ee on Emoluments for Arcle
launch full-scale invesgaons pursuant to 71 Office Holders (January, 2017-December, 2020).
The Center has taken note of the raging public
CHRAJ's mandate under arcle 287 of the
debate in respect of the purported Parliamentary
Constuon. approval of a recommendaon by the Presidenal
Commi ee on Emoluments for Arcle 71 Office
This case also highlights the urgent need for Holders (January, 2017-December, 2020) for the
Parliament to pass a credible Conduct of Public spouses of Presidents and Vice Presidents to be
Officers law to regulate ma ers such as conflict of paid allowances and extended certain privileges.
interest situaons and the general conduct of
public officials. The Professor Yaa Namoa-Baidu-led Commi ee in
its report noted that '[t]he administraon of
The Conduct of Public Officers Bill, 2018, which President Kufour introduced the extension of
was put before Parliament last year presented a courtesies, including the payment of monthly
allowances, to spouses of former Heads of
fine opportunity for us to adopt rules to regulate
State/Presidents/Vice Presidents. Subsequent
conflict of interest situaons. Unfortunately, it administraons have connued the gesture and
contained some problemac clauses which the even extended them to incumbent First and Second
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