A plea for justice

A plea for justice

Dr Martin Luther King considered any form of injustice as evil and thus encouraged all to resist such situations.

He saw justice as an uncompromising foundation to peace, a virtue that should be fought for at all times to give meaning to national cohesion, unity and progress.

Thus, although he preferred non-violence in addressing issues of unfairness and inequity, he encouraged resistance, even if it could lead to conflict, for as long as an injustice persists, to ensure that true peace is attained. He affirmed his revulsion for any form of injustice and unfair practices, stating that " an injustice anywhere is a threat to justice everywhere".

The obvious injustice that I am bringing up for all of us to discuss is where people holding public office, either in the public or civil service, continue to serve as spokespersons of political parties.

The phenomenon has become more widespread and saturated in recent times with some Chief Executives and Public Relations Officers of state institutions speaking for the National Democratic Congress, because despite their being offered employment by the state, they have clung to their previous positions as party functionaries, a notable example is the NDC Deputy Director of Elections and Information Technology, Rashid Tanko Computer, who is now holding a public position as a Chief Executive of a public institution.

He was the lead voice towards Ablekuma North and now Akwatia by-election.

Indeed, there are some within the media who encouraged Mr Tanko Computer to breach the electoral laws of the country, which prohibit campaigns within 24 hours of an election by granting him a live interview on the morning of the Ablekuma North by-election.

Imperative

Here, it is imperative to recognise Messrs Edudzi Tameklo and Sammy Gyamfi, who, on being appointed as Chief Executives of Public entities, have refrained from taking the cause of the NDC as Legal Officer and Director of Communications.

Whilst individuals who have devoted their services to the cause of a political party cannot be denied any appointment for which they are qualified, it is unjust for the state to pay salaries to such individuals and allow them to openly serve a partisan cause when the national interest is at stake.

That a number of NDC party communicators now in public employment have saturated the airwaves with partisan concerns and interests is not only unfair but unjust.

It is my humble submission that people who occupy positions in political parties must, before assuming any public office, resign so that they can serve the state, not a political party, including those appointed into government so that they would not be serving two masters with the imminent conflict of interest.

It is most unjust, unfair and a waste of public funds to employ party communicators as spokespersons for public entities, enabling them to gain access to public information and use such information for partisan interests.

The only path to justice and peace is to ask such people to resign from political party positions and serve the public objectively and professionally.

In situations where public and civil servants who want to contest national elections as Presidential or Parliamentary candidates are to resign before they could do so lawfully and where local government employees who contest district assembly elections, which is not run on political party basis, are likewise not allowed to do so to serve both the service and the assembly, it defies the essence of justice to allow public office holders to openly serve partisan interests.

My plea is anchored on the fact that, as a journalist, the 1992 Constitution provides me with the right to openly express my views on any matter I want to comment on, whether others see it as destructive, constructive, positive or irrelevant criticism.

I am likewise enjoined to perform certain duties, obligations and responsibilities, because as the United Nations Education, Scientific and Cultural Organisation (UNESCO) insists," For the journalist, there can be no exercise of freedom without a corresponding obligation because whilst you cannot hold a person responsible without the guarantee of freedom, any irresponsible exercise of freedom renders the freedom irrelevant and useless".
 

Responsibility

Article 41 of the 1992 Constitution of Ghana charges every person with the responsibility of serving the public good for every right or freedom provided under the Constitution by stating that, "

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly it shall be the duty of every citizen (e) to work conscientiously in his lawfully chosen occupation and ( f) to protect and preserve public property and expose and combat misuse and waste of public funds and property". 

Article 162 guarantees media independence and freedom providing that (1) "Freedom and independence of the media are hereby guaranteed, (2) Subject to this Constitution and any other law not inconsistent with this Constitution, there shall be no censorship in Ghana" and (4) " Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by Government, nor shall they be penalised or harassed for their editorial opinions and views, or the content of their publications."

There is also Article 21, which offers general fundamental freedoms with (1) (a) stating that " All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media".

To complement these rights, Article 162 (5) imposes a duty on all who operate within the mass media environment, thus:

All agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana".

The Constitution under Articles 78 and 79  empowers the President to appoint  Ministers and Deputy Ministers of State with the prior approval of Parliament, whilst Article 70 gives him the right to appoint certain public office holders in consultation with the Council of State, Article 89 gives the President the authority to appoint some of the members of the Council of State in consultation with Parliament.

Further under Articles 202, 207 and 212(1), the President is to appoint the Inspector General of Police, the Director-General of the Prisons Service, as well as the Chief of Defence Staff and the Service Chiefs of the Ghana Armed Forces in consultation with the Council of State. Here, the President is the sole authority for these appointments. 

However, when it comes to the public services as outlined in Article 190 (1), although the appointments are technically vested in the President, there are rules to guide the process.

Article 195 (1) states that "Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the governing council of the service concerned given in accordance with the Public Services Commission". 

Article 196 directs that "The Public Services Commission shall have such powers and exercise such supervisory, regulatory and consultative function as Parliament shall by law prescribe, including as may be applicable, the supervision and regulation of entrance and promotion examinations, recruitment and appointment into or promotion within the public services and the establishment of standards and guidelines on the terms and conditions of employment in the public services".

Control

Article 198 states that "Except as otherwise provided in this Constitution or any other law not inconsistent with this Constitution, the Public Services Commission shall not be subject to the control or direction of any person or authority in the performance of its functions"

The sum of all these constitutional provisions is that, where governments make appointments to the public services in the absence of governing boards is a nullity.

In the same way, Chief Executives of public organisations who rush and purport to dissolve boards of subsidiaries of such organisations in the absence of boards of directors commit unlawful acts.

The right things must be done to ensure justice and fairness, such that party functionaries who find themselves in public employment will learn to properly serve the nation rather than make deference to a political party.

The public services should not allow their staff to serve partisan causes.

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