Our Politicians and the institutions of state

JUST ABOUT eight years ago, I wrote, “In twenty years, those who formed the Provisional National Defence Council (PNDC) and the National Democratic Congress (NDC) saw nothing wrong with the arbitrary use of power by the Bureau of National Investigations (BNI)”.

I continued, “When the NDC bellow, yelp, yell and whine about the arbitrary use of power by the Kufuor administration, the irony cannot be lost on us”. (See my article entitled IS THE BNI BLUNDERING? and published in the Monday, June 4, 2001 issue of THE GHANAIAN CHRONICLE, as it was then known and called).

It is interesting and ironic to observe that the shoe is now on the other foot. It is now those of the New Patriotic Party (NPP) who are replicating the bellowing, the yelping, the yelling and the whining.

At a point, the NDC resolved that they would respond to the “friendly invitation” by the BNI, but they would not speak. At a recent press conference, the NPP decided that unless any of their members received a written invitation from the BNI, they would not respond to verbal invitations. Interesting, isn't it?

The NDC used the words “persecution”, “witch-hunt” and “harassment”. It is the same song on the lips of the NPP. Of course, the NDC back then denied the accusation, just as the NPP also said that it was the law that was taking its course.

Institutions of State such as the regular Police and the Criminal Investigations Department (CID), the BNI, the Judiciary, the Serious Fraud Office (SFO), the Electoral Commission (EC), the Commission on Human Rights and Administrative Justice (CHRAJ) and the Armed Forces, are meant to be independent bodies that should serve the interest of the State, and should not be at the beck and call of the Government of the day.

To borrow from the language of mathematics, one can say that Governments are the variable factors, because they come and go, while the State is the constant factor.

Unfortunately, all too often, the Government of the day tends to exploit the powers of these institutions of State to achieve ends that might not be the same as the interest of the State. In most cases, those in the Government and the reigning political party benefit, while those perceived to be in opposition suffer. In her letter to the United Nations Food and Population activities (GNFPA), Nana Konadu Agyemang Rawlings, wife of ex-President J.J. Rawlings, reportedly wrote, 'Politics in Africa, more often than not, is a hindrance to development-the viciousness that goes along with each time one is perceived to be in an opposite political party, can be used against that person or his business or organisation in a way that damages the country.” (See THE CRUSADING GUIDE of August 27-September 3, 2002).

Interesting, isn't it? When her husband was in power, Mrs. Rawlings had so much confidence in the impartiality and fairness of the Judiciary that she managed to secure a conviction on appeal against Mr. Kweku Baako and Alhaji Haruna Attah in a case of contempt of court.

With a change of government, this same woman's view of the Judiciary changed dramatically. When a JOY FM interviewer asked her whether she could sue Mr. Kweku Baako for libel in connection with a publication about her husband having allegedly opened a foreign bank account, she said that she and her lawyers felt that a libel suit would only end in her being embarrassed, since she would not achieve her aim of getting redress. (Broadcast by JOY FM on Wednesday, August 28, 2002).

Too bad that Mrs. Rawlings saw “the viciousness” only when her husband was no longer in power and she could not command the Judiciary to do what she wanted.

It was alleged that at one time, the Regional Chairman of a political party, then in power, felt so powerful that he could walk to a police station and forcibly demand the release of suspects belonging to his party, no matter the nature or magnitude of the offence. The Police knew better than to refuse to obey his command.

Politicians see nothing wrong when opponents are in trouble with the law, but everything wrong when they are the subjects of attention by the law enforcement agencies. I have already told the story of the arrest of Nana Akufo Addo, and the subsequent arrest of Mr. E. T. Mensah by the BNI.

Politicians in power pass a law, ostensibly for the public good, but actually to catch opponents .A good example is the law on causing financial loss to the State. The NDC government passed that law.

When the law was applied during the Kufuor-led NPP Government, hell broke loose. Certain persons went to jail. The NDC brought in several criticisms of the judgment and the law itself, and the judges who handled the cases.

Alhaji Muhammadu Mumuni, the then Member of Parliament (MP) for Kumbungu and the NDC spokesperson on Legal and Constitutional matters, described the law as “too elastic and open-ended.”

When Paapa Owusu Ankoma of the NPP said that the law would not be repealed unless Ghanaians wanted its repeal, Alhaji Mumuni described the statement as “arrogant” on LUV FM in Kumasi.

Professor J. E. A. Mills (as he then was) described the law as “too nebulous.”

The GHANAIAN TIMES of Tuesday, June 24, 2008 reported Mr. John Mahama (as he then was) as stating that the law on causing financial loss to the state should be subjected to a dispassionate national debate, for its possible review.

The direct quote was, “In my opinion, the law is too elastic, and its maintenance on the statute books could be capriciously applied to political opponents on the flimsiest excuse.” Watch out NPP! The day for reprisals is here.

If the institutions of State are to earn our respect and confidence, those put in charge and the persons working under them should work effectively, diligently and impartially, irrespective of their political inclination, ethnic background or class affiliations.

We, the members of the public, should not denigrate and bastardise these institutions on mere suspicion.

Above all, the Government of the day should scrupulously lay its hands off the institutions and allow them to work.

While still in office, former American Vice President, Mr. Spiro Agnew, was investigated by United States Federal officials. Following the investigations, Mr. Agnew was fined $10,000 (ten thousand US dollars) and sentenced to three years of unsupervised probation.

We should see the day when the Police, the CID and the SFO will independently investigate political office holders and others while they are still in office, not after they leave office and another party comes to power.

With the singular exception of Mallam Issah, how many office holders have been the subject of an investigation, trial and conviction while in office since Independence? Think of it.