Government White Paper on Short Commission Report was only an opinion, findings still valid - ex-Secretary
Private legal practitioner, Dr Ernest Kofi Abotsi has stated that the government's White Paper on the findings and recommendations of the Emile Short Commission Report was just an opinion and did not clear indicted persons.
Dr Abotsi, the ex-Secretary of the Justice Emile Short Commission which investigated the violence that marred the January 31, 2019, Ayawaso-West-Wuogon constituency by-election, said the findings which are equivalent to the judgement of a High Court would become law and stand till the end of time after a six-month period.
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He, therefore, advised persons indicted by the findings of the Commission to seek legal redress in court before the findings become law.
Addressing a commemorative forum on the Ayawaso West Wuogon Commission of Inquiry Report, Dr Abotsi said the government's White Paper did not destroy the findings of the Commission.
"Government's White Paper constitutes an opinion and that is one thing people don't know," Dr Abotsi said.
"Let's stick to the legal. The legal effect is that the government White Paper is the position of the government on the findings. Government White Paper doesn't destroy the findings of the Commission.
"...Every finding of the Commission is still standing as we speak. There is a time limit, I think six months within which any aggrieved person... The people who are involved should be worried, because the time limit when it expires and you haven't gone to court to challenge it, the finding of the Commission will now stand to the end of time. Which means that if there were negative finding against you, the findings will stand forever".
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Looming violence
Dr Abotsi also warned of violence in Ghana’s parliamentary and presidential elections in December this year.
He stated that this is because there is “near absence of good faith” on the part of the two main dominant parties in the election, the New Patriotic Party and the National Democratic Congress.
“The ongoing accusations between the two parties and the refusal of the NDC to execute peace deals are ample testaments to what awaits us in the upcoming elections” he stated.
The forum, organised by Media General with support from Star Ghana, was on the theme; “Promoting stability: Electoral violence and the 2020 elections”.
Background
The Justice Emile Short Commission presented its report to President Nana Addo Dankwa Akufo-Addo on Thursday, March 14, 2019, at the Jubilee House.
President Akufo-Addo established the Commission under Article 278 of the 1992 Constitution, to inquire into the events and associated violence that occurred during Ayawaso-West-Wuogon constituency by-election.
Receiving the report, President Akufo-Addo said the findings and recommendations would be given the needed attention.
However, a government White Paper on the Commission's report, says the Commission failed to achieve its core terms of reference and among other things rejected some recommendations of the commission, including one for the prosecution of an individual who assaulted Ningo Prampram MP, Sam George.
The White Paper also rejected a recommendation for a minister of state, Mr Bryan Acheampong, to be reprimanded.