Normal Information of Wednesday, 17 July 2019
Martin Amidu, Speacial Prosecutor
The Unique Prosecutor, Mr Martin A. B. K. Amidu has strike difficult at heads of some general public institutions for making his combat against corruption arduous.
According to him, the heads of the establishments were possibly failing to launch information and facts or intentionally withholding information needed to combat corruption in Ghana.
A statement issued by Mr Amidu in Accra yesterday, titled: “Challenges of the Business of the Distinctive Prosecutor in Preventing Corruption in Ghana”, explained his outfit would be compelled to sue defiant general public establishments and the Attorney-General (A-G) if the issue persisted.
“The Business office of the Specific Prosecutor Act empowers the office environment to implement the generation of information and facts and documents in the courts in opposition to any community institution that fails or refuses to honour the lawful request of the office,” it claimed.
Throwing a lot more light-weight on his frustrations as the Specific Prosecutor, Mr Amidu instructed the Each day Graphic in an job interview in Accra yesterday that he was mindful the President had personally intervened on a few events to prevail on some heads of institutions to cooperate with his (Mr Amidu’s) business office.
In accordance to him, “my workplace wrote 1 of the letters in October 2018, inquiring for information and facts and paperwork, but we have not been given even an acknowledgement”.
EMPRESS Courtroom He claimed the case in issue was a pretty crucial corruption investigation but general public servants were being discouraging his place of work with regard to the launch of facts and the requisite files.
Mr Amidu disclosed further more that he wrote to another public establishment in March 2018, not long following he was appointed Unique Prosecutor, but that institution was but to source the info.
“I am not supplying only heads of departments the reminder to furnish my office environment with details my concept is also directed at the President. He needs to know that my place of work is staying frustrated,” he mentioned.
Questioned what his workplace would do just after his final warning to public officers stifling his work, Mr Amidu said: “Don’t be concerned the community will listen to from my place of work at the right time.”
In his assertion dated July 15, 2019, Mr Amidu explained: “This place of work can also go to the Substantial Courtroom to compel heads of establishments to obey the guidelines that help the fight versus corruption. The consequence will be that, in accordance with the civil method principles, this office will have to sue the A-G as the agent of the State.”
He was emphatic that “those who know the heritage and character of the Unique Prosecutor know that he is ready, equipped and ready to go this route need to that be the only possibility still left for the business office to properly execute the anti-corruption mandate entrusted to him by the men and women of Ghana, who supported his appointment”.
“Let every person try to remember that when that day arrives, there will be no bi-partisan praise for the governing administration — it will come to be a partisan political electric power play. All those who assume this is conversing too a great deal or complaining much too significantly should really bear in mind that a sew in time, will save nine,” he warned.
Declaring the assist he had received so considerably, Mr Amidu claimed: “The President, the Minister of Finance, the Chief of Workers, the Auditor-Basic, the Commission on Human Rights and Administrative Justice and the Fiscal Intelligence Centre have been quite supportive of the place of work as a result far.”
Even so, he stated, the response by other heads of institutions to recommendations provided by the Govt appeared to have been taken care of with impunity as considerably as the records confirmed.
“Corruption can not be fought on the so-termed name of a several men and women. Just about every citizen wants to get associated now just before the canker consumes the whole entire body politic,” he explained.
According to Mr Amidu, the greatest challenge struggling with the office as an anti-corruption investigatory and prosecutorial body, in spite of all the powers conferred on it, did not emanate from the President, who experienced promised the folks of Ghana to establish the Business.
Instead, he defined, the challenge came from “the heads of establishments who just refuse to comply with legal guidelines built to be certain excellent governance and shield the national purse by fighting corruption”.
According to him, “heads of establishments wantonly disregard statutory requests built by the business office for information and the generation of documents to assist in the investigation of corruption and corruption-associated offences, in spite of the reality that the President has, on a range of occasions, admonished them on these types of misconduct”.
Mr Amidu mentioned some heads of institutions had created it their behavior to interfere with and undermine the independence of his business office by deliberately operating concurrent investigations slipping within the jurisdiction of his office environment, “for the sole purpose of aborting investigations into corruption and corruption-associated offences”.
With regard to general public officers standing trial totally enjoying salaries, without the need of becoming interdicted, in accordance with the regulations and laws of the community service, he mentioned: “What is stressing to this office environment, as an anti-corruption, investigatory and prosecutorial company, is the refusal of heads of institutions to just take ways to enforce primary principles of discipline governing their establishments, even when they know that their officers are below investigation, have been cautioned, bailed and inevitably even charged with corruption and corruption-similar offences.”
“Unfortunately, the practical experience of the Business office of the Unique Prosecutor is that when it will come to combating corruption and corruption-linked offences, heads of establishments consider that the principles on interdiction and/or indefinite go away of community officers do not utilize to corruption and corruption-related offences,” he additional.
Highlighting his frustrations, Mr Amidu claimed public officers had been charged and arraigned just before the Higher Courtroom and their pleas taken, only for them to return to their workplaces, and referred to the ongoing remain in business office of the Municipal Chief Government (MCE) for Bawku, Hajia Hawa Ninchema, and five other community servants who were presently standing trial for allegedly engaging in procurement breaches more than the acquire of an ambulance.
He reported the “perception that corruption and corruption-connected offences are a systemic and pervasive low possibility and large chance enterprise in Ghana is demonstrated past any sensible question when the Business of the Distinctive Prosecutor dared to cost and arraign just before the Large Courtroom a member of the political elite (a Member of Parliament, in this circumstance) and some public officers for abuse of general public place of work for non-public reward and breaches of the procurement legislation of Ghana”.
He noted that “a bi-partisan Legislature and the Govt equipment straight away invited the Specific Prosecutor to commit to usurping the discretion of the court docket by agreeing with counsel for the accused on distinct days for the trial of the case”.
Mr Amidu explained the Legislature, whose associates also constituted the greater part of the ministers in the Executive, went a more move in a bi-partisan way to try to immediate the courtroom in producing in the work out of the court’s discretion to regulate its have proceedings in the name of parliamentary immunity.
“A region whose Parliament and Government coordinate in Parliament in a bi-partisan manner to delay trials and justice within a fair time when it arrives to prosecuting any of its customers for corruption are not able to significantly influence the outside the house globe that it is not only paying out lip assistance to combating the canker,” he submitted.
He additional that the Business office of the Exclusive Prosecutor could not battle corruption unless the general public and civil society gave it their fullest support by putting pressure on the political elite to obey the laws that enabled the business office to attain its mandate.