RE: NDC ``Cabinet of horrors``

I refer to the story with the above title which appeared at the front page of the Thursday September 4, 2008 edition of your newspaper.

The authors of the story, Bismark Bebli and George Kyei Frimpong, claimed to have obtained some information which suggested that Former President Rawlings would act in some advisory capacity to Professor Mills when he becomes the President of Ghana. They also suggested that in the nature of the relationship between them, Professor Mills as a President would always do the bidding of the Former President.

Having read through the story, I personally came to the conclusion that it was based mainly on apprehension rather than fact. Further, having associated fairly closely, and interacted, with both gentlemen at various places and under different circumstances (both individually and together), I think your writers got nature of the relationship between the two gentlemen quite wrong.

However, that is not the reason for my present rejoinder.

At page 15 of your newspaper, the writers continued with their headline story as follows:

“The legalistic position is that section 68 of the 1992 Constitution, debars Mr. Rawlings to serve, because the nation was [a] duty bond to cater for him until death.

The Chronicle sampled the views of Maxwell Opoku-Agyeman, a lecturer at the Ghana Law School on this, and also, that of Mr. Kojo Asante, a constitutional lawyer with the Ghana Centre for Democratic Development (CDD), Dr. Benjamin Kumbour, the NDC Member of Parliament for Lawra-Nabdom, and Prof. Gyimah Boadi, the Executive Director of CDD, and Mr. Tony Lithur, a legal luminary.(Emphasis mine) Most of them said no, to any position to be occupied by the former President under the presidency of Prof Mills, irrespective of the fact that he was the founder of the NDC.”

I need to place it on record that I did not and have never granted an interview to any of the writers of the story on the subject. It must have been a few days prior to the publication of the story, when I received a call from a rather hesitant fellow who introduced himself as working for Chronicle. I did not pay attention to his name, but it certainly was not Bismarck Bebli. I would have recollected that, having met him a couple of times previously.

The gentleman said he wanted to seek my opinion on a matter. Thinking it was in relation to the Free Tsatsu Campaign, I asked him what he wanted to know. As it turned out, he wanted to know my opinion on whether or not Former President Rawlings could hold office as an advisor to Professor Mills when he becomes President. I told the gentleman flatly that I had never commented publicly on legal issues until the incarceration of Mr. Tsatsu Tsikata, and that apart from that issue I did not intend to comment on any other topic, at least not at the time. He insisted but I declined. I thought that was the end of the matter.

I was therefore very alarmed to read a statement by your named reporters that I had proffered an opinion on the issue. I believe it is public knowledge by now that I advise the former first couple and therefore I am close to them. I hope this blatant untruth is not intended to form the basis of any suggestion to the effect that even the Former President's lawyer subscribes to the views expressed by your writers.

Sir, I read your newspaper almost daily and was deeply disappointed to find that such a blatant untruth would be used in support of a story which, in my humble view, is more speculative than informative.

I do hope that whatever the motives of the writers, Bismark Bebli and George Kyei Frimpong, are, in the future they will strive to base their reportage on facts.

Yours faithfully Tony Lithur EDITOR'S NOTE From the deductions of Mr. Lithur's rejoinder, clearly the inference is that either Mr. Lithur did not read the details of the story or he was just yearning for mischief, since the full story clarified that his official statements were confined to issues about Tsatsu. Below is the part of the story he complained of and the part that clarified his statement.

'The Chronicle sampled the views of Mr. Maxwell Opoku-Agyeman, a lecturer at the Ghana Law School on this, and also that of Mr. Kojo Asante, a constitutional lawyer with the Ghana-Centre for Democratic Development (CDD). Dr. Benjamin Kumbour, the NDC Member of Parliament for Lawra-Nabdom, and Prof. Gyimah Boadi, the Executive Director of CDD, and Mr. Tony Lithur, a legal luminary. Most of them said no, to any position to be occupied by the former President under the presidency of Prof. Mills, irrespective of the fact that he was the founder of the NDC.

According to Mr. Maxwell Opoku-Agyeman, it would be wrong for any incoming president to appoint, Mr. Rawlings in any capacity.

He said as far as he was concerned, with the provisional constitution, the former president was debarred from holding any official position.

On his part, Mr. Kojo Asante also shared similar views with Mr. Opoku-Agyeman.

Prof. Gyimah Boadi, could not state his point, except to say that he would not be in a position to comment fully on the governance implications, based upon the position of the constitutional lawyers.'

Mr. Tony Lithur, a legal luminary, declined to make official remarks on the assertion, but said public comments were now restricted to issues about the incarcerated Tsatsu Tsikata.'