A research and advocacy group, the Center for Ethical Governance and Administration (CEGA) is demanding from President Akufo-Addo to publish the Emile Short Commission Report on the Ayawaso-West Wuogon By-Election violence and issue a White Paper on it in accordance with Article 280 (3) of the 1992 Constitution.
The Centre in a press statement copied Awake News signed by its Executive Director, Prof. Kwame Ohene -Adjei is reminding the President that he has only two days starting from today, September 12, 2019 to “cause to be published the report of the Commission of Inquiry together with the White Paper on it within six (6) months after the date of the submission of the report of the Commission.”
According to Prof. Ohene-Adjei, “Under article 280 (4), where the report of the Commission of Inquiry is not to be published, the President shall issue a statement to that effect giving reasons why the report is not to be published.” and “Failure by president Akufo-Addo to comply will amount to an infringement of the Constitution, the consequences of which are spelt out in Article 2 of the Constitution.”
He has also expressed disappointment on the president Akufo-Addo’s long silence on the report or “brought anybody to book” in a very important issue that is of a huge public interest.
“The President has not been seen or heard commenting on the report; neither has he brought anybody to book.”- He said
Prof. Ohene-Adjei has revealed that “Since the beginning of the Fourth Republic in 1993, nine (9) Commissions of Inquiry including the Emile Short Commission have been established and all the first eight (8) reports have been duly published with their accompanying White Papers.”
“CEGA notes that in all the above cases the reports of Commissions of Inquiry were published on account of keen public interest and for the healthy development of our country in the spirit of ethical and transparent governance, public morality and accountability.” – He added
He said they at CEGA “like most Ghanaians are keenly waiting for the President’s decision on this matter within the framework of the 1992 Constitution in the expectation that he will cause the report of the Emile Short Commission and its recommendations and the accompanying White Paper to be published”
For him, acting on the report as required by the constitution will help to”indicate to the world and Ghanaians that the Government is indeed ready and prepared to root out any form of destructive conduct by armed bandits operating under the guise of National Security; to assure Ghanaians of their safety in all elections especially the upcoming crucial 2020 Presidential and Parliamentary elections and to prosecute state officials who coordinated, monitored and commanded the bloody Ayawaso-West Wuogon by-election security operations”
CEGA has since called on the “Inspector General of Police to release the police’s report into its own investigations it conducted before, during and after the Ayawaso- West Wuogon by-election and to prosecute all the identified criminals without any further delay.”
Background:
Following the violence that characterized the January 31, 2019 By-election at the Awayaso-West Wuogon Constituency, the president under pressure from local and international community for the government of Nana Addo Dankwa AkufoAddo to arrest and prosecute the perpetrators who were identified in various video recordings as members of the NPP Vigilantes, the President set up a Presidential Commission chaired by an eminent International jurist and former Chairman of the National Commission on Human Rights and Administrative Justice, Mr. Emile Short. Other members of the Commission were Professor (Mrs.) Henrietta Mensah Bonsu, a Professor of Law and Mr. Patrick Acheampong a Barrister-at-Law and former Inspector General of Police. Mr. Kofi Abotsi, Dean of the GIMPA Faculty of Law, was Secretary to the Commission.
The largest opposition party, NDC initially kicked against the Commission saying it will only be used as a tool to shield perpetrators of the violence but later resend their initial position admitting that “the Commission was doing a good work’’.
But almost six months that the Commission submitted its reports to government, it is yet to be published or anyone indited in the report prosecuted.
Read the full statement:
PRESS STATEMENT BY THE CENTER FOR ETHICAL GOVERNANCE AND ADMINISTRATION (CEGA) DEMANDING THE PUBLICATION AND ISSUANCE OF GOVERNMENT WHITE PAPER ON THE EMILE SHORT COMMISSION OF ENQUIRY ON THE AYAWASO-WEST WUOGON BY- ELECTION PURSUANT TO ARTICLE ……. (34) OF 1992 CONSTITUTION AND MATTERS ARISING
The Center for Ethical Governance and Administration (CEGA ) is a research and advocacy group that seeks to promote and demand the application of ethical standards by all state institutions, appointees and officials of government in accordance with the Directive Principles of State Policy in Chapter 6 of the 1992 Constitution.
The CEGA also works towards demanding the application and adherence to the ethical principles of equity, morality and accountability by all citizens, the Presidency (the executive), Parliament, the Judiciary, the Council of State, the Cabinet, political parties and other bodies in applying the Constitution of Ghana or any other law, and in taking and implementing any policy decisions for the establishment of a just and free society.
This press statement is to express our concerns regarding a national issue, which we believe have cumulatively generated public anger, pain and concern. This issue that has also gained international notoriety and condemnation has brought Ghana into disrepute.
It is about the state sponsored violence that took place during the Ayawaso-West Wuogon by-elections.
As we are all aware, the Electoral Commission of Ghana organised a by-election for the Ayawaso-West Wuogun Constituency to replace the Late Hon. Emmanuel Kyeremateng Agyarko, MP, who died on November 21, 2018.
The by-election took place on 31st of January 2019 and an hour after the commencement of voting, some masked armed men in National Security outfits stormed a polling station at La Bawaleshie and attacked some polling agents of the National Democratic Congress ( NDC) Eighteen people suffered life threatening gunshot wounds in the attack.
It was reported on all major Radio and Television Stations that were telecasting the events live, that the armed National Security Operatives also stormed and attacked the residence of the NDC Candidate, Mr. Delali Kwasi Brempong with indiscriminate sporadic shooting of powerful live ammunitions.
In the process the NDC Member of Parliament for Ningo-Prampram constituency,Mr. Sam Nartey George was chased and assaulted by the masked armed men under the command of ASP Azugu.
Subsequently, at a press briefing, the National Chairman of the NDC, Mr. Samuel Ofosu Ampofo, announced that the NDC had withdrawn from the by-election, citing security concerns.
Following persistent local and international outcry for the government of Nana Addo Dankwa AkufoAddo to arrest and prosecute the perpetrators who were identified in various video recordings as members of the NPP Vigilantes, the President set up a Presidential Commission chaired by an eminent International jurist and former Chairman of the National Commission on Human Rights and Administrative Justice, Mr. Emile Short. Other members of the Commission were Professor (Mrs.) Henrietta Mensah Bonsu, a Professor of Law and Mr. Patrick Acheampong a Barrister-at-Law and former Inspector General of Police. Mr. Kofi Abotsi, Dean of the GIMPA Faculty of Law, was Secretary to the Commission.
Ladies and gentlemen, Members of the Press, as we all know this enquiry was graciously accepted by many Ghanaians on account of the credibility and integrity of the Chairman and members of the Commission, with the exception of the NDC which feared that the Commission was a ploy to protect the criminals who were identifiable and known NPP Vigilantes embedded in the National Security apparatus.
However, during the televised inquisition of officials and members who directed, commanded and participated in the violence, the NDC changed its stance and observed that ‘’the Commission was doing a good work’’.
Ladies and Gentlemen of the Press, the Emile Short Commission completed its work and duly submitted its report to the President on March 14, 2019 but since then, the President has neither published the report nor issued a White Paper on it.
The President has not been seen or heard commenting on the report; neither has he brought anybody to book.
Ladies and Gentlemen of the press, the CEGA is not oblivious of the options available to His Excellency the President, Under Article 280 (3) of the 1992 Constitution, the President shall, subject to clause (4) of this article, cause to be published the report of the Commission of Inquiry together with the White Paper on it within six (6) months after the date of the submission of the report of the Commission. Under article 280 (4), where the report of the Commission of Inquiry is not to be published, the President shall issue a statement to that effect giving reasons why the report is not to be published.
Today is Thursday 12th September 2019. That leaves the President only 2 days within which to comply with the constitutional injunction contained in Article 280. Failure by president Akufo-Addo to comply will amount to an infringement of the Constitution, the consequences of which are spelt out in Article 2 of the Constitution.
Even though the President has the right to issue a statement in lieu of the publication of the Emile Short Commission Report and a White Paper, a decision to opt not to publish the report will be a grievous departure from the convention that has been established in the Fourth Republic and followed by all of President Akufo-Addo’s predecessor Presidents.
Since the beginning of the Fourth Republic in 1993, nine (9) Commissions of Inquiry including the Emile Short Commission have been established and all the first eight (8) reports have been duly published with their accompanying White Papers.
These Commissions of Inquiry are;
1. Justice Gbadegbe Commission of Inquiry (International Transfer of Football Players), 1992, C. I. 22
2. Okudzeto Commission of Inquiry (Accra Stadium Disaster), 2001, C. I. 34
3. Justice Wuako Commission of Inquiry (Yendi Events) Instrument, 2002, C.I. 36
4. Chris Ackumey Commission of Inquiry (Tema Shipyard and Dry dock Fire Outbreak), 2005, C. I. 150
5. Justice Duose Commission of Inquiry (Ghana @50) Instrument, 2009, C. I. 61
6. Professor Emeritus Fiadjoe Constitution Review Commission of Inquiry Instrument, 2010, C. I. 64
7. Justice Yaw Apau (Commission of Inquiry into Payment of Public Funds arising from Judgment Debts and Akin Matters), 2012, C. I. 79
8. Justice Dzamefe Commission of Inquiry into Matters relating to the Participation of the Black Stars in the World Cup Tournament in Brazil, 2014, C. I. 82
Ladies and Gentlemen of the Press, the CEGA notes that in all the above cases the reports of Commissions of Inquiry were published on account of keen public interest and for the healthy development of our country in the spirit of ethical and transparent governance, public morality and accountability.
The CEGA like most Ghanaians are keenly waiting for the President’s decision on this matter within the framework of the 1992 Constitution in the expectation that he will cause the report of the Emile Short Commission and its recommendations and the accompanying White Paper to be published for the following reasons;
1.To indicate to the world and Ghanaians that the Government is indeed ready and prepared to root out any form of destructive conduct by armed bandits operating under the guise of National Security.
2. To assure Ghanaians of their safety in all elections especially the upcoming crucial 2020 Presidential and Parliamentary elections
3. To prosecute state officials who coordinated, monitored and commanded the bloody Ayawaso-West Wuogon by-election security operations
The CEGA calls on the Inspector General of Police to release the police’s report into its own investigations it conducted before, during and after the Ayawaso- West Wuogon by-election and to prosecute all the identified criminals without any further delay.
Thank you.
Prof Kwame Ohene -Adjei
Executive Director
0208124706
Dr Justice Moses Aheto
Executive Secretary
0242527292
Lawyer Cosmos
Director / Legal
0244383119
By: Efo Korsi Senyo / awakenewsroom.com