Ruling on Isofoton case sparks controversy

The ruling by the Supreme Court last Friday asking Spanish energy company, Isofoton SA, to refund $325.472 it received from the government as judgement debt in March 2011 has sparked a new wave of controversy over the Isofoton saga with two pressure groups pitted against the Deputy Minister of Education, Mr Samuel Okudjeto Ablakwa.

While the Citizen Awake Forum (CAF) and the Young Patriots are calling for the resignation of Mr Ablakwa for his perceived complicity in the judgement debt payment, the deputy minister is singing his own praise, describing the Supreme Court ruling as a vindication of his stance on the Isofoton saga.

According to CAF, Mr Ablakwa, in his capacity as the then deputy information minister, knew very well that Isofoton SA did not have any contract with the government to warrant any judgement debt payments to it.

'It was rather unfortunate that as a deputy minister of state, sworn before the President to uphold, preserve, protect and defend the Constitution of the Republic of Ghana, he acted as the negotiator, the arbitrator, as well as the spokesperson for Isofoton SA,' CAF said in a statement signed by its secretary, Mr Ernest Kojo Smith.

It said: 'In our opinion, Mr Ablakwa should have joined hands with Mr Martin Amidu to retrieve the payments made to Isofoton SA.'

'In fact, trying to play smart and shift the blame on former government officials after the Supreme Court verdict shows how indecisive and untrusted Ablakwa can be on issues of national interest,' the statement noted.

For its part, the Young Patriots said after hearing Mr Ablakwa in a radio interview in August 2011 purporting to have called Mr Martin Amidu, then Attorney General, to facilitate the payment of the supposed judgement debt to Isofoton, it called for an investigation into the role he (Ablakwa) played in the judgement debt payment.

'The latest ruling by the Supreme Court has not only vindicated Martin Amidu but also affirmed our fear then and now that Mr Ablakwa was a direct beneficiary of the said judgement debt and was so motivated to order a minister to meet his personal interest in the matter,' the Young Patriots said in a statement jointly signed by Richard Nyamah, Fred Amankwa Sarfo,  Hopeson Adorye and John Kumah.

'In the meantime, Mr Ablakwa should resign his position as deputy minister of education while investigations are conducted into his conduct and how much he benefited from the looting and sharing. Failure to resign, the President should sack him to make way for smooth investigations into the matter,' the statement insisted.

It said if Mr Ablakwa was not investigated, 'the Young Patriots will use all legal means available to us to ensure he is unable to perform his functions as a deputy minister of state or represent Ghana in any shape or form as it is gross disrespect to the people of Ghana for him to still be acting as a Minister of State.'

But Mr Ablakwa is not perturbed by the demand for his resignation and investigation for his alleged complicity in the judgement debt payment to Isofoton, and rather feels vindicated by the Supreme Court ruling.

'I feel vindicated by the two judgments that our Supreme Court have so far handed down in the Waterville and Isofoton cases as they have highlighted the recklessness with which contracts were entered into without Parliamentary approval as required by Article 181 (5) of the 1992 Constitution of Ghana and thereby rendering subsequent payments wrongful,', he contended in a statement.

Mr Ablakwa observed that despite the fact that he was not mentioned in the Supreme Court judgment and that he was not a party in the case or had any personal interest whatsoever in it, 'it has been the agenda of political detractors to make this case about me.'

'These political detractors failed ahead of the 2012 elections and they have failed again,' the statement said.

It said when what became known as the 'sunlight campaign on judgement debts' a year ago, the aim was to let Ghanaians know the truth and that in the final analysis they would agree that public officials could have done better to protect scarce national resources.

'It is rather ironic and, indeed, shameful that politicians who have been indicted in both judgements for failing to seek parliamentary approval in such international financial transactions hence actively contributing to the losses Ghana has incurred are rather seeking cheap political profit from these judgements,' it said.

'Political opponents who seek to vilify me because I had honestly confirmed earlier that I called the former Attorney General on a specific petition brought to the Ministry of Information by Isofoton SA, ought to realise that no matter how hard they try, they cannot succeed in changing the mandate of the Ministry of Information as it has always been and their mud will not stick on me no matter how many times they throw it,' it added.