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24.11.2020 Politics

Alfred Asiedu Walker Vows To Scrape Indemnity Clauses In 1992 Constitution

Alfred Asiedu Walker Vows To Scrape Indemnity Clauses In 1992 Constitution
LISTEN NOV 24, 2020

An independent presidential candidate, Alfred Asiedu Walker, says he will abolish the indemnity clauses of the 1992 constitution if he is elected President.

He says this will deepen accountability among leaders.

The transitional provision of the 1992 Constitution indemnifies all coup makers and their functionaries against any liability for acts and omissions committed during their illegitimate administration.

This came on the back of the over a decade Jerry John Rawlings spent as Head-of-State following two successful coups in which there were reports of human rights abuses.

Speaking to Citi News, Asiedu Walker, said he will sponsor the needed legislation to scrap that part of the Constitution which gives some persons the thought that they are above the law.

I Kwame Asiedu Walker as an independent candidate has taken on that responsibility to push for legislation when we take power to make sure the indemnity clause is actually expunged from our constitution.”

“The presidency must also be accountable. They must not be shielded from any act of omission or commission and must be accountable, so they can be custodians of this country.”

“After all, they are here to serve not to be served,” Mr. Walker remarked.

What the indemnity clauses say

Section 34 of the transitional provisions of the 1992 Constitution indemnifies all coup makers and their functionaries against any liability for acts and omissions committed during their administration.

Section 34 (1) of the constitution states that: “No member of the Provisional National Defence Council, Provisional National Defence Council Secretary, or other appointees of the Provisional National Defence Council shall be held liable either jointly or severally, for any act or omission during the administration of the Provisional National Defence Council”.

Section 34 (2) states: “It is not lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the Government of Ghana whether before or after the coming into force of this Constitution or against any person or persons acting in concert or individually to assist or bring about the change in Government which took place on the twenty-fourth day of February, 1966, on the thirteenth day of January 1972, on the fourth day of June, 1979 and on the thirty first day of December, 1981 in respect of any act or omission relating to, or consequent upon (a) the overthrow of the government in power before the formation of the National Liberation Council, the National Redemption Council, the Supreme Military Council, the Armed Forces Revolutionary Council and the Provisional National Defence Council; or (b) the suspension or abrogation of the Constitutions of 1960, 1969 and 1979; or (c) the establishment of the National Liberation Council, the National Redemption Council, the Supreme Military Council which took office on the ninth day of October, 1975, the Supreme Military Council established on the fifth day of July 1978, the Armed Forces Revolutionary Council, or the Provisional National Defence Council; or (d) the establishment of this Constitution.”

The 34(3) states: “For the avoidance of doubt, it is declared that no executive, legislative or judicial action taken or purported to have been taken by the Provisional National Defence Council or the Armed Forces Revolutionary Council or a member of the Provisional National Defence Council or the Armed Forces Revolutionary Council or by any person appointed by the Provisional National Defence Council or the Armed Forces Revolutionary Council in the name of either the Provisional National Defence Council or the Armed Forces Revolutionary Council shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.”

The 34(4): “The provision of subsection (3) of this section shall have effect notwithstanding that any such action as is referred to in that subsection was not taken in accordance with any procedure by law.”

Section 34 (5) states: “It is not lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act, on the instructions or authority of the Provisional National Defence Council or the Armed Forces Revolutionary Council or a member of the Provisional National Defence Council or the Armed Forces Revolutionary Council and alleged to be in contravention of any law, whether substantive or procedural, in existence before or during the administration of the Provisional National Defence Council or the Armed Forces Revolutionary Council.”

---citinewsroom

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