These
days, the NDC has been pontificating a lot about Justice ---- or to be more
accurate, injustice.
It
began some time ago with the National Security Advisor announcing that
prosecutions of former NPP officials were imminent.
Last
week, in far away Abuja, former President Rawlings joined in the misguided
chorus about injustice with some grossly misguided talk of his own. Addressing
an audience in connection with decentralization, the former President, reading
a prepared script, wandered into justice--- or to be more precise, injustice.
He
said “In Ghana for instance, we have always had the practice of rectifying and
punishing the wrongs of past regimes. In doing that, we have been sending a
message that you cannot abuse your office while in government.”
Continued
the former President “If we do not punish such crimes in the life of the regime
but do so only after its removal many are able to escape the net of the law and
the practice perpetuates itself thereby stunting development on a national
scale. It appears that for the first time in our history, we are going to enter
a situation of failure to deal with crimes of a previous regime—serious crimes,
not just economic crimes but crime related to human rights violations and this
is obviously going to perpetuate a corrupt ruling class syndrome”. A few days
later, former Supreme court Justice Kpegah added the coup-de-grace by
denouncing the Attorney General for failing to prosecute members of the
previous regime. Within days, prosecutions were unveiled in connection with
Ghana International Airlines with promises of more to come. With the Attorney
General still under siege, she has resorted to distorting history to prove that
she is no friend of the NPP. Even though she left the Ministry after Nana
Akufo-Addo with a glowing recommendation from him, Mrs. Mould-Iddrisu claimed
she was hounded out of the place by the former NPP Presidential candidate.
Unfortunately for her, facts are inconvenient things and she stands exposed
before the world.
Let
me begin my analysis by stating some obvious facts.
First,
a government that allows its National Security Advisor to announce pending
prosecutions creates the very strong impression that it does not care about
justice.
Second,
I have noticed in my admittedly limited reading of history that undemocratic
countries like adding the name “Democratic” to their names and people who are
unjust throw the word “justice” around a lot. Think of “Democratic Republic of
Korea” and “Democratic Republic of the Congo” and then turn homeward and think
of those in our politics who made “social justice” and “democratization of
violence” familiar to all of us.
Third,
it is said that once a judge, always a judge. Justice Kpegah, considered by many
to be a brilliant jurist, has abandoned judicial impartiality. What happened to the presumption of innocence
even for an accused person? What happened to due Process? The spectacle of a
former Supreme Court justice demanding what will be in effect, political trials
is a disservice to the rule of law and our national cohesion.
Now,
let us deal with former President Rawlings and his brand of justice, natural or
otherwise. It is surprising that the person who has served as our leader longer
than anyone else should bemoan the practice of not punishing misdeeds during
the life of a government. During his nearly two decades in power, what did
President Rawlings do to ensure accountability of government officials in real
time? Virtually nothing. Indeed, even now, confronted with evidence of
corruption in the Mabry and Johnson scandal that occurred on his watch, Mr.
Rawlings appears surprisingly uninterested in accountability for his former
officials.
In
his rambling speech, the former President claimed that “we have always had the
practice of rectifying and punishing the wrongs of past regimes”.
Not
really, your Excellency. When you and your henchmen, afraid of your shadows,
inserted the transitional provisions into the 1992 constitution, the wrongs of
the PNDC regime could not be rectified and you have never been punished. When
Ghanaians endorsed that constitution, we were choosing peace over justice. If
the truth be told, Sir, nobody has committed more human rights violations than
you and your regime in our history. Unfortunately, even though you were one of
the biggest beneficiaries of that pact with the devil, you refuse to let the
past rest. Obviously, your Excellency missed the part of the Lord’s Prayer that
says “Forgive us our trespasses as we forgive those that trespass against us”.
You
have been forgiven again and again and yet, you continue to spew hatred and to
crave revenge against those who have not wronged you. Sir, an eye for an eye,
truthfully applied, will leave you and many of your ilk not just blind but
worse.
As
a country, we should not have difficulty standing up for justice. Our country’s
motto is “Freedom and Justice”. We devote significant portions of our
constitution committing ourselves to justice.
In
Chapter 5 of the 1992 constitution, 17:1 reads “All persons shall be equal
before the law.”
17:2
reads “A person shall not be discriminated against on the grounds of gender,
race, colour, ethnic origin, religion, creed or economic status.”
17:3
reads “ For purposes of this article “discriminate” means to give different
treatment to different persons attributable only or mainly to their respective
description by race, place of origin, POLITICAL OPINIONS, colour, gender, occupation,
religion or creed, whereby persons of one description are subjected to
disabilities or restrictions to which persons of another description are not
made subject or are granted privileges or advantages which are not granted to
persons of another description.” The capitals were introduced by me for
emphasis.
Are
the calls by former President Rawlings, Justice Kpegah and many others for the
prosecution of NPP members not a violation of our constitution? Is the fact
that Asabe and others are in court but not Muntaka, on the surface not a
violation of our constitution’s prohibition against discrimination on political
grounds? Why are those who protested Tsatsu’s trial now for similar trials of
their political opponents?
Of
course, there were some violations against NDC members during the NPP tenure in
government but shall we continue with the wishes of people like former President
Rawlings, always pre-occupied with revenge for past wrongs instead of
redemption for our future growth? How can we build a great country when so much
of our limited talent and energy is focused so intensely on revenge?
To
those in the NDC yearning to do justice, here are some injustices that are
going on right now, even as they strive to punish past wrongs they cannot
right.
First,
the hundreds of young men and women recruited by the NPP administration for the
Ghana Armed Forces in 2008 whose training was halted by the new NDC government
are still home. Indeed, new recruits, supposedly more amenable to the NDC have
been recruited and trained. Are those whose recruitment has been halted not
Ghanaians? Does the annulment of their
recruitment not violate the constitution’s ban on discrimination?
Second,
many Police Officers who used to guard NPP Ministers have been sacked or sent
to remote areas or are under other forms of harassment to make them uncomfortable
because the regime they worked with is no longer in power. The harassment of
these security officers is the continuation of the policy of sacking the
incumbent IGP and service commanders merely because they were appointed by a
previous government.That is a clear violation of our constitution.
Indeed,
some of these people have gone to CHRAJ for redress of their grievances and are
yet to get a hearing.
Third,
all around our country, employees of the National Health Insurance Scheme and
the National Youth Employment Plan are being laid off in large numbers, because
they were hired under the NPP. For example, in my constituency, Abura-Asebu-Kwamankese,
people recruited to be teaching assistants with the promise that they will be
assisted to become teachers have been kicked out of the program to make way for
NDC members. Others have not been paid for months.
Here
is a cause for justice if ever there was one. Let those who yearn to do battle
for justice, in defence of constitutional principles stand up for these
Ghanaians whose rights are under assault by the NDC.
Let
me be clear. I am not only calling the NDC out for their hypocrisy.
I
am calling out CHRAJ, the media, the clergy and civil society for their silence
in the face of injustice.
I
am calling out the NPP for our silence. We have been the party of justice in
our history. Danquah died for justice. Akufo-Addo freed those accused of the
Kolungugu incident in the name of justice. We fought the “culture of silence”
in the name of justice. We are those our founders hoped would stand up for
freedom and justice. We are those posterity will question if Freedom and
Justice does not survive. Therefore, let us be up and doing the work of freedom
and of Justice.
It
is time to stand up and be counted.
If
the NDC government will not pay their ex-gratia due them by law, let Kufuor and
the others go to court for the principle that no government will be permitted
to flout our constitution!
If
the NDC will not stop the persecution of former army recruits, former security
officials as well as NYEP and NHIS employees, let the lawyers stop talking and
start filing suits on their behalf at CHRAJ and in our courts!
If
the NDC government insist on keeping his personal vehicles in violation of his
rights, let Nana Akufo-Addo go to court for the principle that no government
can confiscate the property of a citizen because of his politics!
As
Kwesi Pratt and others turn from street protests to tea-drinking, let us
reclaim the streets. We should have been there long ago, after Agbobloshie,
Tamale and many other outrages. It is time to take up the work of expanding
“Freedom and Justice” in our courts, in our churches and on our streets.
Let
us all act, to give meaning to our motto, “Freedom and Justice” and to the
words of our constitution, which clearly forbids discrimination!!