THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

            THE INITIAL FAILINGS OF GHANA’S NEW ATTORNEY-GENERAL?

‘I know of no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them but to inform their discretion'- Thomas Jefferson.

‘Everything is permissible (allowable and lawful) for me; but not all things are helpful (good

for me to do, expedient and profitable when considered with other things). Everything is

lawful for me, but I will not become the slave of everything or be brought under its power’– 1 Corinthians 6:12 (AMP).

Dr. Basabasa: Good to see Prof. Nkwantabisa and Opanin Wisdom. I have a lot on my mind to discuss  with both of you. President Mahama has now appointed 26 Ministers of State and 16 Regional Ministers, making it a total of 42 ministers. A number of deputy ministerial positions are yet to be approved by Parliament. Prof., what is your initial assessment of these ministers?

Professor Nkwantabisa: I am still reading the profiles and visions of some of the appointees. I have also been observing the initial utterances and actions of some of them since they assumed office. Generally, I think the ministers for Finance, Education, and Energy and Green Transition should bear in mind that significant number of Ghanaians are already aware of the challenges bedevilling their ministries hence there is no need crying over spilt milk. Ghanaians are more interested in pragmatic measures geared towards alleviating their plight. This is not the time for lamentations, political jabs and sensationalism.

Dr. Basabasa: Prof., what about the new Attorney-General & Minister of Justice (Hon. Dominic Akuritinga Ayine)? I am very interested in your initial assessment of him.

Professor Nkwantabisa: Yes, I have read and heard a number of statements from him. Key among his statements border on Operation Recover All-Loot (ORAL), operationalisation of the Tribunal system in the judiciary, and a number of nolle prosequi he has filed and defended. So far, I am not impressed.

Opanin Wisdom: What is nolle prosequi Prof?

Professor Nkwantabisa: It simply means a decision by the prosecution to abandon, discontinue or withdraw a criminal case. It is an unwillingness to further pursue a case against an accused person. When the prosecution or a state attorney files a nolle prosequi it means the state is no longer pursuing criminal charges proffered against an accused person. Consequently, the relevant court will usually discharge the accused person.

Dr. Basabasa: I would be grateful if both of you could share your thoughts on the nolle prosequi filed by Dr. Dominic Ayine in a number of public interest cases including that of the Cocobod, Saglemi Housing Project, Bank of Ghana, and Dr. Cassiel Ato Forson (the new Finance Minister). It seems to me that the beneficiaries of these discontinuance or withdrawals are politically exposed persons or persons affiliated to the National Democratic Congress.

Professor Nkwantabisa: Dr., the Attorney-General is legally empowered to file nolle prosequi in any criminal case. He is not bound in law to outline reasons for his decision. It is a discretionally power, the exercise of it must align with the principles of probity and  accountability, justice and transparency. While Dr. Dominic Ayine may be commended for explaining and justifying the basis of his decision, I think the whole exercise is not necessary. It is also not a priority. The optics do not look good on President Mahama’s government.

Dr. Basabasa: Exactly Prof! Why the rush? Are these withdrawals the most important decisions to be made by the new Attorney-General? What happened to all the miscreants who went their way fomenting troubles, attacking officials and other members of the public, and looting national resources during and after the 2024 General Elections? Ghanaians would have been happier if the new Attorney-General briefed them about the steps his office has taken concerning these criminal activities. Is it the case that the new Attorney-General is not interested in prosecuting these miscreants?

Opanin Wisdom: I am not convinced with the explanations offered by the new Attorney-General. He, for instance, claims that the trial of Dr. Cassiel Ato Forson was politically motivated and that there was no basis to continue with the prosecution. My humble response is that for the sake of good faith, good conscience and credibility; the minister ought to have tread more cautiously. Hon. Ato Forson and his lawyer have the right to file submission of no case for the court to determine whether there is a legal basis for his prosecution. Why did the minister only discontinue cases involving political figures and members of the National Democratic Congress? Are they the only pending criminal cases in Ghana?

Dr. Basabasa: The new Attorney-General also claims that good conscience could not permit him to continue with the prosecution of those cases. My response is that he needs not prosecute those cases personally and that the cases could have been assigned to other fair-minded prosecutors. Will the new Attorney-General have the moral backbone and good conscience to prosecute any appointee of Ex-President Akufo-Addo’s administration or any member of the New Patriotic Party? If yes, will he file nolle prosequi in any of those cases if they are described by his opponents as politically motivated and witch-hunt?

Opanin Wisdom: I think this issue has ignited a dispassionate call to look into prosecution of politically exposed persons by the Attorney-General and Minister of Justice. The state of affairs leaves rooms for abuse of discretionary powers. The ongoing constitutional review processes should nip the matter in the bud.

Professor Nkwantabisa: The good news is that crime has no expiry date and truth never gets rotten. I am sure these cases may resurrect in future when there is a change in administration. Until then the ugly image of the discontinuance of these cases will form part of the things that will leave negative scars on President Mahama’s second administration.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en

Publication History: 

Authored on 03-05/03/2025 and published on the author’s blog and Myjoyonline.com on 05/03/2025.

Acknowledgement: 

The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.

References:

1. MyNewsGh.com, ‘Maximum respect! -Samson Lardy commends AG for explaining case

withdrawals’ [GhanaWeb, 13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Maximum-respect-

Anyenini-commends-AG-for-explaining-case-withdrawals-1971295# < Accessed 4

March 2025.

2. GNA, ‘Attorney-General defends decision to discontinue Ato Forson’s trial’ [GhanaWeb,

13 February 2025] >

https://mobile.ghanaweb.com/GhanaHomePage/NewsArchive/Attorney-General-defends-

decision-to-discontinue-Ato-Forson-s-trial-1971298# < Accessed 4 March 2025.

3. Judy Assisted Research, ‘Nolle prosequi’ >www.judy.legal/case/republic-v-adu-

kwabena-b13fa< Accessed 4 March 2025.

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

CRITIQUES OF PRESIDENT MAHAMA’S OPERATION-RECOVER-ALL-LOOT

‘Integrity, respect, compassion, and fairness become obstacles to people who think winning is everything’ – Michael Josephson.

‘To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful’ – Edward R. Murrow.

Professor Nkwantabisa: Good day Mr. Abroenye. I thought you have returned to the States.

Mr. Abroenye: Good day Prof. I will go back soon. It is good to see you. I had in mind contacting you to hear your views on whether President Mahama’s actions and decisions so far give some assurance of hope and seriousness.

Professor Nkwantabisa: I admire you for the fact that though you are not a partisan politician you are always concern of the governance and welfare of Ghana. Your concern is a thoughtful one because one can discern the seriousness or otherwise of a person by observing that person’s initial actions and decisions. I will say it is too early to give a verdict on President Mahama’s initial actions and decisions. Nonetheless, he appears to be fairly serious judging from some of his initial actions and appointments. His inaugural speech was, for instance, spiced with maturity and hope.

Dr. Basabasa: Are you really sure Prof? I do not agree with you. I am wondering whether you have, for instance, seen or read his press release on the Operation-Recover-All-Loot (ORAL) Committee?

Professor Nkwantabisa: Yes, I have. ORAL is Mahama’s anti-corruption agenda which seeks to make corruption costly and severely punish perpetrators of corruption. It also seeks to recover looted funds and assets for national development. Accountability and the fight against corruption is one of the main focus areas of Mahama’s new presidency.

Opanin Wisdom:  Dr. Basabasa, why are you laughing at Prof?

Dr. Basabasa: I am laughing because Prof. seems to be oblivious of the fact that many leaders in Ghana are good at talking or putting documents together or setting-up committees but the effective implementation of such documents or execution of the mandate of such committees eventually becomes a mirage. A closer study of the political history of this nation will reveal that ORAL is just another political package to excite many Ghanaians but will most likely deliver little or no results. Do you remember what Ex-President Akufo-Addo said during his inaugural speech? Was he able to protect the public purse and severely deal with the perceived corrupt officials who treated public office as money-making machines? You see he gave Ghanaians so much hope but his tenure ended on a note of total disappointment. His last State of Nation Address fell short of any good record of having seriously tackled corruption during his eight-year tenure. I would like to be in the shoes of a doubting Thomas until I see real results delivered by ORAL.

Opanin Wisdom: We should at least give ORAL the benefit of doubt and hope that it will succeed. The concept of ORAL is a laudable one and should be applauded. My main concern is with the ORAL Committee. I have read and heard that the committee’s main function is just to receive information about corruption from Ghanaians, assess them and subsequently forward them to the requisite lawful bodies and institutions for possible prosecutions. Its main work thus evidence gathering. I am aware of legitimate questions about the legal basis of the committee. Beyond the legalities, it seems to me that the work of the committee will create needless bureaucracy. I think we should rather think of pragmatic approaches and systems that will encourage Ghanaians and other residents to report alleged corrupt conducts to the relevant bodies or institutions directly. Relevant incentive and safety mechanisms should also be put in place. Besides, we need to implement existing legal provisions that empower, encourage and protect whistle-blowers of the ills in Ghana. We need to also focus on strengthening the work of anti-corruption bodies and institutions. Democracy and accountable governance thrive on strong state institutions, not politically motivated committees.

Mr. Abroenye: I share in the views of Opanin Wisdom. Another key concern with ORAL is that it appears to target officials of Akufo-Addo and Bawumia led Government. While this perceived target in itself is not wrong; it raises legitimate questions about the credibility of ORAL. To demonstrate more seriousness, ORAL should begin from the Mills-Mahama led Government. President Mahama should also subject his previous administration to ORAL to demonstrate to Ghanaians that he is in real business. I am looking forward to see how President Mahama will deal with allegations of corruption against persons in his new Government. True charity begins from a person’s home.

Dr. Basabasa: Exactly, Mr. Abroenye. Crime has no expiry date hence the need to extend the boundaries of ORAL to previous administrations other than just targeting that of Akuffo-Addo. My biggest concern with the ORAL Committee is its core function. Is the committee going to gather rumours, suspicions and hearsays? It is a common knowledge that multitudes of rumours and suspicions do not constitute evidence in law. Hearsay testimonies are also usually subjected to high legal standards before they can become evidence. The ORAL Committee is needless if its main work is evidence-gathering because its work will be limited and be frustrated because of its lack of requisite legal capacity. Is it the case that the existing anti-corruption bodies and institutions are unable to gather evidence to stir their prosecutorial mandates? Will a partisan committee, such as the ORAL Committee, be able to do a better job than legally established state institutions? One of the main reasons for Ghana’s failure to fight corruption is lack of true political will and political interferences in the work of anti-corruption bodies and institutions. I think the Office of the Attorney-General and the Ministry of Justice has been failing in dealing with suspected corruption cases because of political colours. I also believe the Office of the Special Prosecutor (OSP) is almost becoming a white-elephant in its anti-corruption mandate if urgent steps are not taken to salvage its sinking image. As for the Economic and Organised Crime Office (EOCO), the less said about it the better. It is high time we did forensic audit of these institutions to diagnose the challenges frustrating their core mandates. We should focus on how to strengthen these institutions and other existing bodies to enable them deliver tangible results rather than creating committees. Despite the various spirited-defences that were marshalled for the establishment of OSP, a number of Ghanaians remain unconvinced as to whether it has truly lived up to expectations.  Let’s not deceive ourselves into thinking that a cat will be fiercer than a lion.

Professor Nkwantabisa:  said Dr. The ORAL Committee is definitely not fiercer than EOCO and OSP. However, I believe EOCO, OSP and other like-minded institutions and Civil Society Organisations (CSOs) can be empowered to ride on the wheels of the concept of ORAL to do better job in this new era.

Opanin Wisdom: In addition to what Prof. has just said, I think ORAL should be clothed with fairness, integrity and credibility. There is no need for rushing the implementation of ORAL because of a political victory. Its implementation should be driven by soberness, meekness, thoughtfulness, truthfulness, lawfulness and more seriousness.

Richard Obeng Mensah, author of Daily Wisdom. The writer is an award-winning prolific author of 9 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi-Ghana. He is a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. The writer is also a Chevening Scholar and a scholar of ALI-incubator.

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774. 

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 06/01/2025 and published on the author’s blog on 08/01/2025.  

 

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.  

LESSONS FROM THE FALLEN ELEPHANT AND THE RISEN UMBRELLA IN GHANA

 

LESSONS FROM THE FALLEN ELEPHANT AND THE RISEN UMBRELLA IN GHANA

‘Those whose palm kernels were cracked by benevolent spirit should not forget to be humble’ – Chinua Achebe.

Mr. Abroenye: Good day to Prof. and his three musketeers. I admire your loyal and frank friendship. Prof., how are you reading all these newspapers before you?

Professor Nkwantabisa: Hey! Mr. Abroeneye; long-time long-see. I thought you have forever abandoned Ghana for the United States of America. It is very heart-warming to interact with you face-to-face. I am neck-deep in reading these newspapers because they are pregnant with salient information about Ghana’s 2024 General Elections.

Dr. Basabasa: Mr. Abroeneye, ‘akwaaba’ to Ghana. I hope Donald Trump’s resounding comeback is not threatening you to relocate to Ghana. I am legally living in the states. Americans are seriously building their nation; it is high time we seriously build ours.

Mr. Abroenye: I primarily came to Ghana on 6th December 2024 to participate in the general election. I have always been a great believer in Ghana. Our nation will definitely resurrect from the economic, political and social mess it unfortunately finds itself. The stars of Ghana will rise again in glory.

Opanin Wisdom: Well said, Mr. Abroenye. Hope, love and faith are key commodities that will always remain. We need to keep hope alive despite the systemic leadership failures in Ghana since the country’s independence from the British. 

Mr. Abroenye: There are several parallel key lessons we need to draw from the glorious comeback of Trump and Mahama in the USA and Ghana respectively. What caused the electorates in these nations to offer these written-off and rejected political leaders unprecedented second chance?

Dr. Basabasa: I think Trump and Mahama are mere victors of circumstances. Their palm kernels have been cracked by the ever-merciful God. The prevailing socio-economic, political and religious atmosphere in USA and Ghana have also paved ways for their glorious return. The fallen elephant in Ghana, for instance, was increasingly becoming proud, insensitive and stubborn hence its embarrassing fall! It didn’t make sense to maintain an elephant-size government and flamboyant expenditure in a post-COVID-IMF economy. Ghana was already a debt-stressed nation prior to the COVID-19 pandemic and the Russia-Ukraine war yet the country was being ran as if the ordinary Ghanaian can always be taken for granted. The elephant consistently blamed COVID-19 and the Russia-Ukraine War for Ghana’s socio-economic woes. It totally turned blind eyes to the glaring corruption, political opulence, balloon public spending and the continuous implementation of policies that clearly needed revision. The elephant also poorly managed the sensitivity of some Ghanaians concerning e-levy and other taxes, the LGBTQ+ banter, illegal mining and a number of cases taken to the corridors of the judiciary. I think the excruciating debt-exchange programme and the so-called banking cleaning exercise are the straws that broke the camel’s back.

Professor Nkwantabisa: I have read several pieces, opinions and editorials on the 2024 elections in Ghana and the USA. There seem to be some common threads running through the post-election public discourse. Electorates know the truth and there comes a time when they will punish some political leaders for dishonesty. Honesty is always the best policy.

Opanin Wisdom: Democracy tends to look like an ugly demon when its focus is shifted from satisfying the genuine interests and welfare of the people. Democracy eventually becomes unattractive if it is reduced to building partisan and personal empires. In such instances, the best of political campaign strategies and last-minute political projects cannot savage a fast-sinking government. Like a shooting star, the centre of a political party cannot hold once it begins and continues to disconnect from the realities bedevilling the ordinary citizenry and the masses. 

Mr. Abroenye: Just like Donald Trump, John Mahama and his Umbrella Party must clothe themselves with utmost humility and honesty before God and humankind. They need to also learn and relearn from their own previous failures and from the failures of the Elephant Party in Ghana. One of the worst past failures of both the Elephant and Umbrella Parties is their inability to pay attention to the recommendations in the Constitutional Review Commission’s report which was submitted to the Government of Ghana on 20th December 2011. 

Professor Nkwantabisa: Year 2024 is ending in the coming days. The space between 2025 and 2028 is a fleeting-tiny shadow which is quickly approaching a beaming light. The very people who crowned the Elephant Party in 2016 and 2020 with victory clothes and honour have just stripped the party of its glory. Like a resounding rushing and revival wind, unguarded victory is transient! Victory can only be sustained by humility, honesty, grace, truth, selflessness, purpose-driven, real transformation, and daily connectivity with God and humankind. 

Opanin Wisdom: The early concession to defeat in the 2024 General Election in Ghana by Dr. Bawumia has already ingratiated him in the heart and sight of well-meaning people as a true statesman. The same God and Ghanaians who have prepared a table for the Umbrella Party can also prepare it for another party in the future. God is neither a respecter of persons nor political parties. We need to reiterate the fact that no person or institution is indispensable in this life.

Dr. Basabasa: The decisive confidence reposed in the Umbrella Party is a clarion call for transformative, visionary and honest leadership. Ghanaians are not interested in blame-game and excuses; they are only interested in a transformational-economy that creates and sustains an atmosphere of decent living and human dignity. No more create, loot and share. No more senseless loyalty towards the Umbrella Party against the common interests of Ghanaians. To hell with blind and unaccountable leadership.

Professor Nkwantabisa: History and recurring events appear to show that politicians and political parties hardly learn from their past failures and mistakes. They are often sober and sensible when in opposition but suddenly grow horns when exercising political power. There is nothing wrong with political power in itself. Political power only becomes destructive when its purpose is abused by politicians and political parties. It is said that leadership will destroy a person whose heart or character is not prepared for it. A corrupt heart and a dead conscience can never use political power purposively and sensibly. It is not too late for Ghanaian politicians to seek God’s face for a clean heart and a renewal of a loyal spirit within them. To all newly elected political leaders, always remember that victory is just a means to a good end. The glory of a political victory resides in its glorious and transformational outcomes. 

Richard Obeng Mensah, author of If You Think of Your Opposition You Lose Your Position. The writer is an award-winning prolific author of 8 books, and over 250 articles and op-eds on legal and non-legal themes. The writer is also a Fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi. He is also a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger. 

Email: richardobengmensah@gmail.com 

Mobile: +233 (0)246 556 774

Blog: https://richard-obeng-mensah.blogspot.com/?m=1 

Google scholar link: https://scholar.google.com/citations?user=zh3DbrkAAAAJ&hl=en 

Publication History: Authored on 10/12/2024 and published on the author’s blog on 10/11/2024.  

Acknowledgement: The writer appreciates the critiques and valuable comments of his Editorial Team to this writeup. He however holds the sole responsibility for the content of this write-up.  

FROM GOLD COAST GHANA TO GOLD COST GHANA?

FROM GOLD COAST GHANA TO GOLD COST GHANA?

‘What good is it for someone to gain the whole world, yet forfeit their soul?’ – 

Mark 8:37 (NIV).

Dr. Basabasa: Prof., you remember in our last conversation I questioned the willingness of the Organised Labour and other stakeholders about the fight against ‘galamsey’ (illegal mining) in Ghana.

Professor Nkwantabisa: It is still fresh in my mind. I think you are a prophet. So far, many of the stakeholders (relative to the Media Coalition Against Galamsey, UTAG, and the Catholic Church) have not demonstrated enough commitment to the fight.

Opanin Wisdom: Apathy is gradually eating up our sense of patriotism and good conscience. We have substituted nationalism for partisan politics. A number of Civil Societies, Professional Bodies, Religious Groups and other stakeholders are losing their salt and light in the building of our nation because of passivity and partisan politics. A number of well-meaning Ghanaians are also sitting on the fence because they do not want to be tagged with political colours. In most cases, those who boldly speak truth to power or seek to hold public officers and institutions accountable are classified as sympathizers of minority parties. But we must boldly defend this nation from further sinking and stinking irrespective of the views of the accomplices or perpetrators of the things that destroy our beloved nation. ‘Galamsey’, for instance, is a great threat to the destiny of this nation.

Dr. Basabasa: According to the United Nations, ‘galamsey’ adversely affects a country’s development, environment, economy, peace, stability and security. Ghana’s river bodies, farmlands and forests in mining communities are being destroyed, if not already destroyed, through illegal mining. The menace is also breeding chronic illness in the country. Studies show that Ghana has failed to win the fight against illegal mining since 1989. What is becoming of our Gold Coast Ghana? 

Professor Nkwantabisa: Ghana is a blessed nation. The Europeans identified the country as Gold Coast, during the transatlantic slave trade, because of the large supplies of and market for gold that existed in the then British colony. The country was also called Gold Coast because of its abundant gold resources and its mining activities dating back to the Ghana Empire in the 7th Century. Although Ghana is no longer called Gold Coast; it remains one of the top 10 largest producers of gold in the world. Gold mining and export in Ghana largely contribute to job creation, tax revenue and GDP. However, illegal mining has become an existential threat in Ghana.

Opanin Wisdom: Of what benefit would it be if we receive all the gains of gold mining only to be destroyed by illegal mining. The little foxes are always the things that destroy vineyards. Irrespective of the enormous benefits of vineyards, little foxes can ravage vineyards if they are not dealt with. ‘Galamsey’, likewise corruption and impunity, is one of Ghana’s little foxes. The ‘galamsey’ fox in Ghana has not just succeeded in destroying some of our water bodies, farmlands and forest reserves; it has also divided the populace on political lines. It has also frozen our leaders (including traditional leaders) and political actors into inaction. I recently even overheard Ghana’s Chief Justice and the Attorney-General and Minister of Justice blaming each other for the embarrassing failure of swiftly dealing with ‘galamsey ’ cases resting at the corridors of our courts. The major political parties in Ghana have also reduced the seriousness of ‘galamsey’ to a political gala or blame-game. Why are we exalting or white-washing or tolerating an illegality if we truly have this nation at heart? 

Professor Nkwantabisa: The solution to ‘galamsey’ does not just lie in making or amending or repealing laws. In fact, it does not even lie in real and potential demonstrations and strikes. It also has nothing to do with a particular time. As earlier stated, Ghana has been reneging on its fight against illegal mining since 1989. Were 2017, 2018, 2019, 2021, 2022 and 2023 election years? Why did we fail to tackle the menace in these years? Granted that they were election years; is it wrong to save lives in an election year? What then is the use of democracy and its associated elections if human lives and preservation of creation are not prioritized over election outcomes? Could this lukewarm attitude be the reason why our President could not truly put his presidency on the line to fight illegal mining during his tenure?

Dr. Basabasa: When it comes to saving lives and preserving posterity, you cannot give room to procrastination and political rhetoric. The real solution to the fight against illegal mining in Ghana are honesty, good conscience, willingness and commitment on the part of the Government of Ghana, all stakeholders and the populace. 2020 was an election year in Ghana yet the country wisely chose to fight against Covid-19. How different is the fight against Covid-19 different from the fight against ‘galamsey’ if we are truly sincere?

 

Richard Obeng Mensah, author of If You Think of Your Opposition You Lose Your Position. The writer is an award-winning prolific author of 8 books and over 250 write-ups on legal and non-legal themes. The writer is also a fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi. He is also a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Publication History

Authored on 27/10/2024 & 05/11/2024 and published on the author’s blog on 06/11/2024. Also published on MyJoyonline on 05/11/2024.

Acknowledgement

The writer appreciates the critiques and valuable comments of his Editorial Team to this write-up. He however holds the sole responsibility for the content of this write-up. 

References

1.The Colonial Williamsburg Foundation, ‘Gold Coast: Slavery and Remembrance’ > https://slaveryandremembrance.org/articles/article/?id=A0109#:~:text=Gold%20Coast%20is%20a%20former,for%20gold%20that%20existed%20there< Accessed 27 October 2024.

2.World Gold Council, ‘Global mine production’ >https://www.gold.org/goldhub/data/gold-production-by-country< Accessed 28 October 2024.

3.Sean Ashcroft, ‘Top 10: Gold Producing Countries’ [Mining Digital 24 July 2024] >https://miningdigital.com/top10/top-10-gold-producing-countries< 28 October 2024.

4.United Nations, ‘Illegal mining and trafficking in precious metals’ [UNDOC] > https://www.unodc.org/unodc/en/environment-climate/illegal-mining.html< Accessed 28 October 2024.

5.Enoch Randy Aikins, ‘Ghana must stop galamsey before it sinks the country’  [ISS 24 September 2024] >https://issafrica.org/iss-today/ghana-must-stop-galamsey-before-it-sinks-the-country< 28 October 2024.

THE UNWILLING GHANA?

 

THE UNWILLING GHANA?

                        ‘If you are willing and obedient, you shall eat the good of the land’ –

Isaiah 1:19 (NKJV).

 

Professor Nkwantabisa: Dr. Basabasa, what national issues are trending in Ghana?

Dr. Basabasa: Prof., they are too many. They range from actual to potential demonstrations and strikes, illegal mining (‘galamsey’), political hymnals in connection with the 2024 general election, political roads and other constructions, and of course the dry IMF economy and its ugly impact on businesses and Ghanaians. I nearly forgot of the issues concerning erratic power supply in some parts of the country and the agitations within the energy sector.

Opanin Wisdom: I think the value of the issues you have outlined is the same- unwillingness and lawlessness!

Dr. Basabasa: Opanin, what do you mean by their value is the same? Those on strike or demonstrating or threatening to demonstrate or strike are acting for different reasons. The politicians and their political parties are singing different hymns although some of the songs are similar. The galamsey menace is being discussed from different angles. As for the political constructions, energy sector issues and the dry IMF economy; they have common threads.

Professor Nkwantabisa: Perhaps we should rather ask Opanin Wisdom to explain what he meant by unwillingness and lawlessness?

Opanin Wisdom: All the issues enumerated come down to unwillingness and lawlessness. The demands of the various labour unions and the recent demands by Organised Labour on galamsey are not new. The demands of both the real and political demonstrators are also not new. In fact, all the demands are the same. The various demands and all the other issues Dr. Basabasa have enumerated demonstrate our unwillingness to do the needful which eventually breeds lawlessness and impunity. It seems to me that a number of our political leaders are both reactive and pretentious in their actions and inactions. The root cause of most of the issues outlined is the lack of commitment and fidelity on the part of especially our political actors and leaders. How many times haven’t successive Governments failed to carryout assurances made to several labour groups? Would we be talking about the adverse impact of galamsey today if our former and current Presidents willingly committed themselves to fight galamsey? Our unwillingness to timely approach IMF in 2022 has, for example, caused our nation unthinkable fortunes and sorrows.

Dr. Basabasa: I now understand your earlier statement. I have been wondering why so many roads are either being constructed or being parched in this year in Ghana. Why are we now rushing to do the needful because of elections? I now get the sense that it is a sign of unwillingness. Could it also be vote buying?

Professor Nkwantabisa: Dishonest politicians, just like the devil, have no new tricks. They rather implement the same tricks differently depending on the context and personalities involved. Have you forgotten of the construction and inauguration of Kejatia Dubai and the Kwame Nkrumah Interchange? Dishonest politicians are the same except that they belong to different political parties.

Opanin Wisdom: Motives are always important. Do not be deceived by what people do or say, even if they are good. What is their motive? Motive is everything. Wrong motives eventually destroy good deeds. Great nations are not built on political roads, political loans, political transactions, political promises and political speeches. What is the state of the political roads constructed in Ghana within the last decade?

Professor Nkwantabisa: We know the solutions to the challenges bedeviling our nation. The problem is that we are not willing to implement those solutions mainly due to greedy and selfish political decisions. Recent examples of this fact include the failure to implement the recommendations of the Constitutional Review Commission of Ghana since 2011, the fight against galamsey and the drama surrounding the Antigay Bill.

Dr. Basabasa: Another major problem is that we are not ready to obey or submit to our laws, values and principles as a nation. The exceptions have become the norms and the norms have become the exceptions. This attitude has entrenched lawlessness, corruption, abuse of power and impunity in our nation.

Opanin Wisdom: We can only benefit from the many good things in Ghana if we are willing and obedient. Great nations are built on the willingness to do the right things in the right way and at the right time, no matter the cost. The right willingness should spring from leaders first and then the citizenry. Leaders should be ready and willing to enforce relevant laws to ensure that all persons in Ghana align with the vision and goals of our great nation.

Dr. Basabasa: The unwillingness on the part of leadership should not be the end of the matter. Where there is a will there is a way. We the citizenry should therefore be willing if our leaders are unwilling. Our collective interests are superior to political interests. Why are we wasting precious time discussing galamsey because of the unwillingness of some disappointed and uncaring leaders? If our political and traditional leaders are not willing because of some level of their complicity and greediness, what about the non-political actors in our nation? Ghana is a nation, not a political party nor a traditional dynasty. It is high time we put partisan politics aside and fight for the destiny of this nation. I am willing.

Opanin Wisdom: I am also willing.

Professor Nkwantabisa: I am equally willing. And I commend the Media Coalition of Ghana for their consistent willingness.

Dr. Basabasa: Is Oraganised Labour truly willing? Is the Church willing? What about the CSOs, religious bodies, professional bodies, private sector and public institutions?

Opanin Wisdom: Indeed, silence is golden but there comes a time when silence and inactions are signs of betrayal, disloyalty and wickedness.

Richard Obeng Mensah, author of If You Think of Your Opposition You Lose Your Position. The writer is an award-winning prolific author of 8 books and over 250 write-ups on legal and non-legal themes. The writer is also a fellow of the Brew- Hammond Energy Centre, KNUST, Kumasi. He is also a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Publication History

Authored on 04/10/2024 and published on 05/10/2024 MyJoyOnline and on the author’s blog on 06/10/2024.

Acknowledgement

The writer appreciates the critiques and valuable comments of his Editorial Team to this write-up. He however holds the sole responsibility for the content of this write- up.

ELECTION AS USUAL; VOTING AS USUAL IN GHANA?

ELECTION AS USUAL; VOTING AS USUAL IN GHANA? 

‘We cannot just continue to think that there is enough land out there, that there’s enough water and forest and wetlands to destroy, to respond to our insatiable greed, so to speak, for food and fibre and animal feed. Business as usual is not an option’ – Ibrahim Thiaw.

Professor Nkwantabisa: Dr. Basabasa and Opanin Wisdom, I bring you warm greetings from Nairobi, Kenya. 

Dr. Basabasa: Happy to see you Prof. I thank God for the travel mercies to a number of African countries. I am also happy that you are sound and safe.

Opanin Wisdom: I recall you saying in our recent phone conversation that you happened to be at the scene of the recent protest in Kenya. Hmm, your arrival in Ghana has also coincided with the announced date for the nationwide strike by Organised Labour in Ghana against the sale of some SSNIT hotels. It appears a wind of revival has started blowing. I am happy to know that the President of Kenya has responded positively to the protest and started implementing wise decisions.  The decision of the Organised Labour is now forcing some of our political actors and institutions to respond positively. 

Dr. Basabasa: Prof., you can see we are sitting under this mango tree. We have been doing so in recent times because there is so much heat in our bedrooms, offices, and pockets. We need the fresh air from nature. I am for the wind of positive revivals that have started blowing. Our political leaders should be reminded over and over that ultimate human power belongs to the people.

Professor Nkwantabisa: Your reflections this afternoon brings to my mind a question a number of people have been asking me. Repeatably, I have been confronted with the question about who to vote for in Ghana’s upcoming general election in December 2024.

Opanin Wisdom: I have also been confronted with that question over and over. Over the years, we seem to have been voting for political colours and symbols without objectively judging the performances and conducts of our political actors. The elephant has failed to demonstrate that it is big enough to satisfy the real needs of the people.  It seems to be rather swallowing what belongs to the suffering masses. The umbrella does not appear to have what it takes to provide enough shelter against the ongoing rainstorm.  If the elephant and the umbrella are being perceived as disappointing and untrustworthy, can salvation come from a butterfly or facemask?

Dr. Basabasa: Butterfly? Mask? I do not think they are credible alternatives.

Professor Nkwantabisa: Sometimes, salvation comes from sources that are usually despised.

Opanin Wisdom:  Prof., I agree with you. My challenge however is about whether we need a mask in heat or dark movements. Would there have been the butterfly movement if its founders have had the opportunity to lead the elephant?

Professor Nkwantabisa: We then have only two obvious options.

Opanin Wisdom: That would have been the case if this election is going to be business as usual. I however do not think the 2024 election should be business as usual.

Dr. Basabasa: What then are the other options because I am struggling with the choice between the elephant and the umbrella.

Opanin Wisdom: Dr., please do not be too hard on yourself. Voting is indeed a right; not a privilege. You can choose to exercise a right or not. Voting should not be by compulsion but by sound decision. Will you employ a corrupt and dishonest manager to manage your business? Life always offers us many options. The problem is that we are usually too fixated with the choices that mostly appeal to our emotions and biases, even if we know that those choices are bad. Why do you want to endorse impunity or disrespect? Do you want to sacrifice principles of accountability? Why are you tolerating greed, mediocre, state capture, lies and political trading?

Dr. Basabasa: Of course, vote of no confidence is also an option. Apathy is another. It seems to me that we keep on allowing some of our political leaders to consistently take as for a ride. I will not allow myself to be deceived again by election roads, election freebies, political loans and political talks. Populist, tribal, religious and deceptive politics have landed our nation in a ditch. We need to arise and save the destiny of this nation. We need to fight the good fight. We need to speak up and act when it matters most. 

Professor Nkwantabisa: We need to rethink our voting patterns since the inception of the Fourth Republic. We need to demonstrate to our political leaders that we can no longer afford to allow them to substitute transformational leadership with mere political leadership. I am deeply burdened to pray for the destiny of this nation because it cannot be business as usual. May the good Lord hear our prayers and guide us to make sound choices that will turnaround the dwindling fortunes of our great nation. May He also empower us to muster the necessary courage to challenge the status quo and force the hands of some unreasonable or greedy leaders to do the needful. May He help us to safeguard posterity. 

Opanin Wisdom: Beyond prayers, we need to act decisively; speak up; and participate in the decision making processes of this nation. We cannot afford to keep on sitting on the fence. We cannot afford to leave the destiny of Ghana in the hands of mere political leaders. Ghana’s 2024 general election cannot be business as usual. We cannot also vote as business as usual.  I agree with Ibrahim Thiaw that business as usual is not an option.

Richard Obeng Mensah, author  of If You Think of Your Opposition You Lose Your Position. The writer is an award-winning prolific author of 8 books and over 250 articles on legal and non-legal themes. The writer is also a fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi. He is also a pastor, lawyer, law lecturer, certified life and leadership coach, and a blogger.

Email: richardobengmensah@gmail.com

Mobile: +233 (0)246 556 774.

Blog: https://richard-obeng-mensah.blogspot.com/?m=1

Publication History

Authored on  13/07/2024 and published on 16/07/2024 on the author’s blog and other social media platforms.

Acknowledgement

The writer appreciates the critiques and valuable comments of his Editorial Team to this write-up. e however holds the sole responsibility for the content of this write-up. 

References

Ecogreenlove, ‘Business as usual [quote]’ >https://ecogreenlove.com/2022/05/07/business-asusual-quote/< Accessed 13 July 2024.

DEMOCRATIC DICTATORSHIP IN GHANA?

DEMOCRATIC DICTATORSHIP IN GHANA?

Do not merely look out for your own personal interests, but also for the interests of others - Philippians 2:4 (AMP).

Democracy has been defined severally. The concept may mean different things in different contexts. For instance, the meaning of democracy will differ if one focuses on the procedures of governance as against the focus of the concept on goals of democratic government. Nonetheless, one of the most popular definitions of the concept is the one rendered by Abraham Lincoln. The revered US Statesman defines democracy as ‘a system of government of the people, by the people and for the people’. Abraham Lincoln’s definition of democracy implies that democracy in all forms should be people-centred. In this piece, the use of the concept of democracy implies upholding public interests above personal interests in democratic governance.

Ghana is a democratic nation. The country has been practicing constitutional democracy since it attained republican status in 1960. Despite the chequered nature of Ghana’s constitutional evolution and the unfortunate instances of military regimes, the country’s democratic dispensation has yielded a number of precious fruits. Ghana can be proud, at least, of its political stability and multi-party democracy since 1992. The country’s political stability over the past three decades has also engineered peace, growth and development in a number of sectors. Notwithstanding the dividends Ghana has so far enjoyed from its constitutional democracy, the nature of democratic governance in the country has not been totally centred on the welfare of the people in Ghana.

Article 1(1) of the 1992 Constitution of Ghana vests the sovereignty of Ghana in the people of Ghana. This requires powers of government to be exercised within the boundaries of the 1992 Constitution to secure the welfare of the people of Ghana. Article 55 (5) of the 1992 Constitution, for instance, requires political parties to conform to democratic principles in their activities and undertakings.  Article 58(1) of the Constitution also requires executive powers to be exercised in accordance with the 1992 Constitution. Despite the provisions of the foregoing articles, the actions and inactions of political parties in Ghana have not, in most instances, been focusing on securing the best interests of the people of Ghana. Similarly, the exercise of executive authority in the country has not been focused mainly on securing the larger interests of Ghanaians. In practice, a number of decisions are taken to serve the parochial interests of political parties and their cronies irrespective of their adverse impact on the ordinary Ghanaian. 

It seems to  me that in Ghana, partisan politics and the exercise of executive powers are usually centred on how a government in power can win the next election or satisfy the expectations or demands of party folks. In this vein, the ordinary Ghanaian remains a mere voter who becomes important in the political architecture only when there is a general election. The powers, views and the welfare of the ordinary Ghanaian are usually swallowed by the dictates of political parties and those exercising executive powers.  It is unfortunate that unless a Ghanaian identifies him or herself with a political party and dabbles with that party’s antics and optics, that person’s share of the national cake will remain a mirage. This sad commentary has also robbed the nation of the benefits of the gifts and talents of many of its citizenry who may not be interested in partisan politics.

Why do we continue to preach democratic virtues and practice the vices of dictators? Why should true democracy be made to appear as if it is a master rather than being a servant? Why should we clothe the exercise of executive authority with democratic antics and optics while acting as dictators? Partisan politicians usually lose sight of the fact that multi-party democracy cannot exist in a vacuum. Similarly, executive authority cannot be exercised in the absence of a nation and its people. This implies that wise leaders will always focus on building stronger nations, not stronger political parties nor personalities. While Ghanaians are encouraged to challenge the excesses of the exercise of powers by political parties and executive authorities, honesty remains the greatest policy. It is high time a number of political parties and executive authorities in Ghana acknowledge that they are increasingly becoming democratic dictators. Let the ordinary Ghanaian wise-up!

Richard Obeng Mensah, author  of If You Think of Your Opposition You Lose Your Position. The writer is an award-winning prolific author of 8 books and over 250 articles on legal and non-legal themes. The writer is a fellow of the Brew-Hammond Energy Centre, KNUST, Kumasi. He is also a pastor, lawyer, law lecturer, certified life and leadership coach and a blogger.

Email: richardobengmensah@gmail.com.  Mobile: +233 (0)246 556 774.

Publication History

Authored on  21/03/2024 and published on 21/03/2024 on the author’s blog and other social media platforms.

Acknowledgement

The author appreciates the critiques and valuable comments of his Editorial Team to this write-up.

References

1. 1992 Constitution of Ghana

2. Russel J Dalton e’tal, ‘Popular conceptions of the Meaning of Democracy: Democratic Understanding in Unlikely Places’ (2007) CSD Working Papers >https://escholarship.org/content/qt2j74b860/qt2j74b860< Accessed 21 March 2024.

3. ADCO Law, ‘Democracy: Definition, Characteristics. And Types’ [ADCO Law, 14 December 2022] >http://adcolaw.com/blog/democracy-definition-characteristics-and-types< Accessed 21 March 2024.