Haruna Iddrisu and Gloria Akuffo
The minority National Democratic Congress (NDC) in parliament has castigated the government for the order by the Attorney General for the discontinuation of the trial of eight Delta Force members.
According to the minority members, it is a slap in the face of administration of justice and a huge travesty of justice.
They made their sentiments known at a hurriedly organised press conference yesterday after the announcement of the curtailment of the trial of the vigilante group said to be affiliated to the ruling New Patriotic Party (NPP). The Delta Force allegedly disrupted a court trial by freeing 13 leading members of the group a couple of months ago, and the NDC members said at the media briefing that the decision of the AG to file a nolle prosequi in the trial of the eight who were alleged to have freed their colleagues was not only capricious, but also an abuse of her (AG’s) discretion and power for political expediency.
The minority leader, Haruna Iddrisu, who addressed the media in parliament, said the executive has a duty to uphold the tenets of the Constitution and in particular, demonstrate in conduct and action its respect for the other arms of government, particularly the judiciary, stressing that the AG’s decision is a confirmation of the claims by some leading members of the ruling party at the time of the lawless action by members of the Delta Force that the culprits would be set free.
“We find it bizarre that the Hon Attorney General, Ms Gloria Akuffo, who assured the entire citizenry of her commitment to fairness and strict adherence to ethical principles, will claim that she exercised the said constitutional discretion on grounds merely that there was lack of evidence to prosecute the case in question where indeed the sitting judge, court clerks, court bailiffs, court warrant officers, journalists as well as notable public figures in whose presence the said court was physically attacked and the accused persons freed,” the minority leader said.
According to the minority leader, the expectation of every Ghanaian was that the accused would have been duly cited for contempt of court and successfully prosecuted.
Mr Haruna Iddrisu referred to Article 296(a) and (b) of the 1992 Constitution which circumscribes the exercise of discretion as “where in the Constitution or in any other law discretionary power is vested in any person or authority- (a) that discretionary power shall be deemed to imply a duty to be fair and candid; (b) the exercise of the discretionary power shall not be arbitrary, capricious, or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law” and stressed that the decision of the AG to exercise her discretion in relation to the Constitution is totally capricious and not candid since it was for political reason.
The minority has therefore called on President Nana Akufo-Addo to uphold its pledge during his inauguration, to strictly respect the rule of law.
“We demand that the cancerous exercise of discretion by the AG be reversed immediately and the accused persons re-arraigned before court,” the minority demanded
By Thomas Fosu Jnr