I fear judges: they are gods, more powerful than Parliament, which, alone, was thought to have the power to change a man into a woman without his choice.
Judges can change not only your sleeping place but also decide whether you live or hang.
When, in 2013, I saw NPP’s “fearless” Sir John tremble in the dock as Justice Atuguba delivered judgment for what the Supreme Court determined as his “rambunctious” behaviour in that year’s election petition hearings, I remembered my mother’s warning, “Inyim ekititsiw-ekitsiw a, memmfa nkitsiw nkantonsoe ho”, to wit, the cactus plant is not your toilet roll.
That is why, angry as I am as a Ghanaian reading the judgment of the Appeal Court in the Sedina Tamakloe trial, I am careful, super-careful, in my commentary.
That, again, is why in the Sedina Tamakloe case, I refuse to comment on the judgments.
In April 2024, an Accra High Court sentenced Sedina Tamakloe-Attionu, the former CEO of the Microfinance and Small Loans Centre (MASLOC), to 10 years in prison with hard labour.
Last week, the Court of Appeal overturned the verdict and freed her.
Among other reasons, the Appeals Court judges blame a “defective” charge sheet.
I know it is not the first time in Ghana – even in the world – that the state’s lawyers have lost a case, but this loss rankles.
We could not prove even one out of the 78 counts!!!
Should the Republic of Ghana throw away an opportunity to get, at least, a refund of GHc90 million simply because of lack of prosecution and/or incompetent investigation?
Is it true or not that Sedina asked Obaatanpa Microfinance to meet her personally somewhere at Baatsona with the GH¢500,000 in physical cash for a refund of the loan repayment?
Is it normal for a state agency to take refunds in cash?
In the first place, was the loan paid to the Obaatanpa Microfinance in cash?
Is it true that Obaatanpa Microfinance had initially wanted to deliver the refund in cheque?
Are there records at MASLOC to show that the refunded cash was paid into its coffers?
If Sedina did collect the cash and the cash cannot be found at MASLOC, where then is the GH¢500,000?
These are my concerns, a layman’s points of view.
Last week, I heard Alfred Tuah-Yeboah, a former Deputy Attorney General, in a radio interview defend the prosecution’s case in the 2024 High Court trial, and he sounded very convincing.
So I was – and still am – wondering if incumbent AG, Dr Dominic Akuritinga Ayine, has called him to put their heads together as the latter prepares his grounds for appeal at the Supreme Court.
There are children who still go to school under trees.
There are hundreds of thousands of Ghanaians who still drink water that is not fit for consumption even by animals.
There are thousands of teachers and nurses who cannot be employed because the country lacks the funds to pay them – and there are hospitals in Ghana praying for more nurses.
My plea: the Attorney-General should, at least, get us back our money.
PRESIDENTIAL APPOINTMENTS
It has become a paradox in the Fourth Republic that Ghanaians condemn but simultaneously tolerate the evil called “Job for the boys”.
If the Fourth Republic of Ghana will be remembered, it will be for making it a crime for employees to faithfully serve an organisation and give it their best years, expecting nothing but salary incremental jumps.
The highest they can dream to attain on their career path is Deputy MD.
We have convinced ourselves that career MDs cannot be trusted to faithfully and neutrally serve incumbent governments of particular political persuasion.
If Ghanaians have been crying for change in the constitution, it is a change from this democracy which gives power to the President to dispense with meritocracy in the Public Service and appoint whom he chooses - even Public Relations Officers of SOEs!
The Ghanaian democracy has made it possible for the political CEOs to assume office with their own set of staff (usually party-people and blood relations), as secretaries and Personal Assistants.
It is demotivational, a veritable disincentive to hard work.
You can imagine my joy therefore, when the “H. Kwesi Prempeh” Constitutional Review Committee recommended the amendment of Article 70(1) and (2) to limit the President’s appointment powers.
A key recommendation is that “the power to appoint the Chief Executive Officer or other senior management of the public service or entity shall reside in the governing council or board, which shall exercise its power based on the outcome of an OPEN, COMPETITIVE, MERITOCRATIC OR QUALIFICATION-BASED PROCESS ADMINISTERED BY THE GOVERNING COUNCIL WITH THE ASSISTANCE OF THE PUBLIC SERVICE COMMISSION” (caps mine).
Equally important, it recommends is that the tenure of office for holders of independent and hybrid-independent offices, should not be tied to the President’s tenure. Meaning, that the properly appointed CEO cannot be sacked when the President leaves.
This democracy we are carrying is breaking our neck!
