Law Lecturer challenges government’s rejection of Short Commission's adverse findings

A US-based Ghanaian Lawyer has challenged the legal basis for government’s decision to reject some recommendations of the Emile Short Commission on the Ayawaso West Wuogon by-election violence.

Professor Stephen Kwaku Asare says the government cannot merely reject the adversarial recommendations by the Commission.

Government in a white paper on the Commission's report, says the Commission failed to achieve its core terms of reference and among other things rejected the recommendation of the commission, including one for the prosecution of an individual who assaulted Ningo Prampram MP, Sam George.

The White Paper also rejected a recommendation for a minister of state at the national security to be reprimanded.

But commenting on the White Paper on Accra – based Starr FM on Friday, Prof Asare said “The government can reject findings that are not adversarial. For instance, supposing the commission says go and build a house, the government can reject that but if the commission makes an adverse finding against someone, that type of finding is deemed a judgment of a court and that judgment of the court cannot be set aside by the government. The only way the government can get around is by not publishing the report,” he said.