AFAG: Mr. President, dismiss Alhaji Mumuni

Alhaji Muhammad Mumuni, Minister of Foreign Affairs

The Alliance for Accountable Governance (AFAG), a pressure group, on Tuesday expressed dissatisfaction about the way and manner in which diplomatic privileges accorded the Africa Legal Aid, an international organisation with headquarters in Accra, was terminated.

“It is regrettable that in spite of our complaints against Alhaji Muhammad Mumuni, Minister of Foreign Affairs, he has not departed from his arbitrary ways upon being approved by Parliament as a Minister for Foreign Affairs,” Mr Kwabena Bomfeh, Spokesperson for AFAG, said at a press conference in Accra.

He noted that the conduct was a violation of due process and against the rule of law.

“If Alhaji Mumuni can, without providing any reason whatsoever, terminate the entire agreement between the government of Ghana and an international human rights agency, then one shudders to think of the extent to which he can abuse his powers as foreign minister in the nation's relations with other international organizations.”

Mr Bomfeh said the terms of reference for the agency's diplomatic privileges in the agreement stated that any dispute between the parties shall be settled by arbitration in accordance with Act 38 under the Arbitration Act of 1961.

“It is pertinent to note that no dispute had occurred between the government of Ghana and Africa Legal Aid to warrant the termination of the provisions of the agreement,” he added.

Mr Bomfeh said the action by the Foreign Minister was a blatant disregard for mandatory provisions of the agreement and called on him as a matter of urgency to resign.

Full Text Below

PRESS CONFERENCE OF ALLIANCE FOR ACCOUNTABLE GOVERNANCE (AFAG) ON THE UNLAWFUL TERMINATION OF AGREEMENT BETWEEN THE GOVERNMENT OF GHANA AND AFRICA LEGAL AID AND OTHER RELATIONS

Ladies and gentlemen, our friends in the media, we once again thank you for your time.

In execution of the objective of our organization of holding the arms of government and relevant institutions of our Republic accountable to the people of Ghana on the burden cast on it by the Constitution of Ghana, 1992, we have been closely monitoring key decisions and actions of government officials with the view to ensuring that they are in accord with due process, rule of law and pass the test of legal scrutiny.

As you would recall, our organization has had occasion to bring to the attention of the public, certain actions and decisions taken by the incumbent Minister for Foreign Affairs whilst exercising public powers in the past, which underscore his unsuitability for the position of Foreign Affairs Minister. The gravamen of our objection to the fitness of Alhaji Mumuni for the position of Foreign Minister hinged on the traits of impunity, unruliness, wanton disregard for the rule of law and unlawful conduct exhibited by the Honourable Minister any time he has opportunity to exercise public powers and/or superintend the use of state resources.

It is regrettable that in spite of our complaints against the Honourable Minister, he has not departed from his arbitrary ways. Upon being approved by Parliament as the Minister for Foreign Affairs, Alhaji Muhammad Mumuni has been continuing with his acts of impunity and unlawful conduct.

On the 14th day of April, 2009, upon the instructions of Alhaji Muhammad Mumuni, the Acting Director of the Legal and Consular Bureau purported to terminate a headquarters agreement between the Government of Ghana and Africa Legal Aid, a pan-African international organization having its headquarters in Accra, Ghana and working for the promotion and protection of human rights and the creation of a progressive human rights jurisprudence in Africa without regard to the mandatory provisions of the said agreement.

The Headquarters agreement recognized the preeminent role of Africa Legal Aid and its mission as an international organization challenging impunity and lack of accountability for perpetrators of human rights violations and affirmed the need for Africa Legal Aid to fearlessly discharge its functions and execute strategies effectively in an environment like Ghana's. With the object of aiding the organization's noble work, the Government of Ghana on the 16th day of May, 2005, executed a headquarters agreement by which Africa Legal Aid located its headquarters in Ghana and the government of Ghana conferred certain rights, immunities and privileges on Africa Legal Aid. The specific rights, immunities and privileges accorded to that organization by the Government of Ghana as per the agreement related to the general diplomatic immunities accorded the nation's diplomatic partners and some international non-governmental organizations engaged in lofty activities like the advancement and protection of human rights.

It was an express provision of the agreement that any disputes between the parties, i. e. the Government of Ghana and Africa Legal Aid, shall be settled by arbitration in accordance with the Arbitration Act, 1961 (ACT 38). Further, the agreement stipulated that either party to the agreement could terminate same only upon the provision of six (6) months' notice to the other.

In blatant disregard for these mandatory provisions of the agreement and without providing any reason whatsoever, Alhaji Muhammad Mumuni on the 14th day of April, 2009, ordered the immediate termination of the headquarters agreement by the Government of Ghana. Accordingly on Alhaji Mumuni's authorization, a letter purporting to terminate the headquarters agreement between the Government of Ghana and Africa Legal Aid forthwith, was delivered to the organization on the evening of 16th April, 2009. It is pertinent to note that no dispute had occurred between the Government of Ghana and Africa Legal Aid to warrant the termination of the agreement. There had not been the recourse to arbitration proceedings as directed by the provisions of the agreement. Further, Alhaji Mumuni elected to ignore the requirement of the agreement of a six (6) months' notice in writing to Africa Legal Aid before the Government of Ghana could terminate the agreement.

Whatever might have motivated Alhaji Muhammad Mumuni to terminate the headquarters agreement between Ghana and the Africa Legal Aid, only God knows. It is instructive to note that no reason was assigned by the Minister for Foreign Affairs for the withdrawal of the rights, immunities and privileges conferred on the international human rights organization by this headquarters agreement, as is required by due process. Could it be the case that the Honourable Minister for Foreign Affairs was not impressed by the human rights work of Africa Legal Aid? Certainly, the action of Alhaji Muhammad Mumuni demonstrates a disdain for the promotion of human rights. To the extent that no reason was advanced by Alhaji Mumuni for authorizing the termination of the headquarters agreement of the Government of Ghana with the Africa Legal Aid, it is fair to say that perhaps the Honourable Minister for Foreign Affairs deemed the human rights activities of that organization offensive.

Clearly, the conduct of Alhaji Muhammad Mumuni was also in palpable violation of due process and the rule of law. It is hugely appalling and deplorable of a person occupying the position of the Chief Diplomat of the nation. It evidences the gross impunity characteristic of the nature of the incumbent Foreign Minister of Ghana. Obviously, Alhaji Mumuni is accustomed to acting lawlessly. He has shown utter disregard for the tenets of diplomacy and can not be seen to be parading as the nation's chief diplomat.

Ultimately, of immense concern to our organization is the effect of Alhaji Mumuni's action on the nation's diplomatic relations and relationship with international human rights bodies and agencies. Alhaji Mumuni's action no doubt exhibits contempt for international organizations engaged in the advancement and protection of universal human rights and the eradication of impunity. It sends chilling signals to such bodies. By terminating the headquarters agreement between the Republic of Ghana and Africa Legal Aid, by virtue of which the organization was operating in Ghana forthwith and without the provision of any reason, Alhaji Mumuni had in effect declared that international human rights organization a persona non grata. He was seeking to compel the cessation of the organisation's activities in Ghana, noble as they are.

If Alhaji Mumuni can without providing any reason whatsoever and without any notice, terminate the entire agreement between the Government of Ghana and an international human rights agency seeking to confer rights, privileges and immunities on that international organisation, then one shudders to think of the extent to which he can abuse his powers as Foreign Minister in the nation's relations with other international organizations.

It is our respectful view that for Alhaji Mumuni to show contempt for the work of an international organization engaged in the promotion of human rights and a cessation of impunity on the African continent, he is unfit to continue occupying the position of Foreign Minister. We hereby once again humbly call on the Honourable Minister for Foreign Affairs to save Ghana the embarrassment he seeks to bring on the nation by honourably tendering his resignation. In the event of a refusal by Alhaji Mumuni to resign, we call on His Excellency the President to summon the necessary courage and ignore all other considerations in taking the bold decision of dismissing the Minister for Foreign Affairs, Alhaji Muhammad Mumuni.

Thank you very much for your attention.

SPEAKERS

1. Lawyer Abeku - 0244228244
2. Kwabena Bomfeh (Kabila)- 0244535472
3. Arnold Boateng - 0244294754
4. Sammy Awuku - 0244252052

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