Wednesday, 12th February, 2025
Hon Habib Iddrisu
Tolon
Mr Speaker, I rise to express my profound concern and to formally condemn the recent actions taken by the Office of the Special Prosecutor (OSP) in declaring Mr Ken Ofori-Atta a wanted fugitive. The basis for this declaration rests solely on the assertion that Mr Ofori-Atta has not responded to requests to appear before the OSP in person.
However, evidence provided by his legal representatives unequivocally demonstrates that Mr Ofori-Atta is currently outside the country on a scheduled and medically necessary review.
His lawyers have duly informed the OSP through an official correspondence and with the explicit approval of both the former and the current Chiefs of Staff that he is receiving essential medical care abroad.
It is both disheartening and unjust that such well-documented evidence has been disregarded in favour of a hasty and unilateral declaration that tarnishes not only the reputation of a former public servant but also, the integrity of our legal and administrative processes.
The principles of natural justice and due process demand that before any declaration of fugitive status is made, a full and thorough verification of the circumstances be conducted. In this instance, the OSP's failure to acknowledge the valid and documented explanation provided by Mr OforiAtta's legal team is alarming.
This omission not only undermines the rights of an individual who has rendered distinguished service to our nation, but also calls into question the procedural rigour with which our justice system is being administered. When the machinery of justice is allowed to operate without strict adherence to established protocols, the risk of arbitrary and politically motivated decisions become all too real.
I must emphasise that the actions of the OSP, in this case, are not merely a procedural misstep, but they represent a significant breach of the trust that the citizenry place in our institutions. The OSP was established to safeguard the rule of law; to ensure transparency, and to hold accountable those who have betrayed the public trust through acts of corruption or malfeasance. Yet when an institution charged with these responsibilities bypasses the fundamental principles of fairness and due process, it risks eroding public confidence in the entire system of justice.
In Republic v. Director of Prisons; Ex Parte Yeboah (1984) JELR 69291 (CA), the Court of Appeal of Ghana reaffirmed the principle that no person should be subjected to unlawful detention or unjust treatment at the hands of the state. The court held that the exercise of state authority must be guided by fairness, legality, and due process. Any deviation from these principles amounts to an abuse of power and a violation of the rights of the individual.
It is incumbent upon us as Members of Parliament to demand that our oversight bodies investigate these actions thoroughly and take appropriate remedial measures to ensure that such lapses do not recur.
Furthermore, Mr Speaker, Mr OforiAtta's situation emphasises the importance of clear communication and coordination among state institutions. Prior notification of his medical departure was not only a legal requirement, but also an act of transparency expected from a public figure. His adherence to this protocol should have been acknowledged and factored into any subsequent decisions regarding his status. Instead, the OSP's precipitous declaration has generated unnecessary controversy and distraction at a time when our nation cannot afford such divisions. The misapplication of power in this instance serves as a stark reminder of the dangers inherent when executive agencies act without sufficient oversight and accountability.
The implications of this incident extend beyond the individual involved. They strike at the very heart of our nation's commitment to justice, accountability, and the rule of law. When institutions like the OSP deviate from their mandate and operate in a manner that appears arbitrary, they jeopardise our collective efforts to build a society based on fairness and respect for the rights of all citizens. It is imperative that we, as Parliamentarians, hold these agencies to the highest standards and ensure that every action taken in the name of justice is both transparent and justified.
call upon the Attorney-General and Minister for Justice to immediately initiate a comprehensive review of the procedures followed in this instance. This review should aim to determine whether the OSP acted in accordance with legal and ethical standards when it declared Mr Ofori-Atta a fugitive. Should it be found that due process was not observed, I urge the Government to take decisive corrective action, including the retraction of the unwarranted declaration. Such steps are necessary not only to restore confidence in our judicial system, but also to reaffirm our commitment to upholding the rights and dignity of every citizen.
Moreover, this House must use this opportunity to reiterate our collective responsibility to ensure that no public official, whether current or former, is unfairly targeted or subjected to actions that undermine their legal rights. Let us be clear: the pursuit of justice must always be balanced with respect for due process, and any deviation from this principle, can have far-reaching consequences for our democracy. Mr Speaker, we must stand united in our resolve to protect the integrity of our legal institutions and to ensure that every individual is treated fairly under the law.
In conclusion, I reiterate my call for accountability and transparency. The actions taken by the OSP in this matter are deeply troubling, and they must be addressed with the utmost urgency. We owe it to our citizens, and to the legacy of our nation's commitment to justice, to ensure that such abuses of power are not repeated.
Mr Speaker, I urge my fellow Members of Parliament to join me in condemning this overreach and in demanding a thorough investigation into these matters. Together, we can and must safeguard the principles of justice and fairness that are the cornerstone of our society.
Thank you, Mr Speaker.
Hon John Abdulai Jinapor
Yapei Kusawgu
Mr Speaker, let me thank you for this opportunity.
Mr Speaker, let me start with a Ghanaweb report, and it is dated Friday, 28th July, 2017. “AK47 wielding corps raid John Jinapor’s home. Five police officers believed to be from the National Security on Friday raided the home of former Deputy Energy Minister, Mr John Jinapor, in search of documents related to the controversial US$550 AMERI deal.” Mr Speaker, this very House approved the Africa and Middle East Resource Investment (AMERI) deal
Mr Speaker, the Minority Chief Whip is a Leader, and he should know that when something is public record, especially in this House, we do not tender in any evidence. Prof Mike Oquaye, then Speaker, made a ruling on the matter in this Chamber; the Minority Chief Whip was seated here. Prof Mike Oquaye wrote to the Criminal Investigation Department (CID) in respect of this matter. So what other evidence does he want me to tender in when it is captured in the Hansard? If anything is captured in the Hansard, one does not tender in any evidence.
Mr Speaker, I am saying that, on that fateful day, when my house was raided by AK47 wielding National Security operatives, who banged on my door, creating fear and panic and sending my six-year-old child into a state of hysteria and a state of fear, we had Members here who never commented on it. And I commend Prof Mike Oquaye for that day when he stood up and ruled that what they were doing was wrong.
Mr Speaker, they took my phones and laptops to the United Kingdom (UK) to investigate me. Today, they are scared of a very simple matter. Let me explain something: The Office of the Special Prosecutor (OSP) has declared Mr Ken Ofori-Atta as a fugitive. Mr Speaker, in our local language, fugitive means that ͻde ne ho aka nwura. Or to put it simply, w’agye bam Or in the Hausa language ↄtelↄ or to put it in a simpler way, yaagudu It is as simple as that.
Mr Speaker, we should not be afraid of accountability. As public officials, when they took my laptop, it got to a point that they could not open the iPhone. I told them I was willing to come and use my fingerprint. It was there and then they told me that the phones had be taken to the UK. I had to give them the password. Eventually, the very AMERI I was accused of, a Minister was dismissed because it came here padded by almost US$800 million.
Mr Speaker, on this auspicious day of reckoning and accountability, the only thing I can say is that we wish the man in white the best of luck.
Hon Dominic Bingab Aduna Nitiwul
Bimbilla
Mr Speaker, thank you very much for the opportunity.
Mr Speaker, we are building a democracy. The Hon Member who just spoke said gun wielding policemen raided his home. That is what a democracy is: policemen. My Brother, we do not use soldiers to raid somebody’s home in a democracy
Mr Speaker, let those who stood up be informed that by 4 a.m. on the 7th of January, there was no Minister for Defence in Ghana; let them be informed. Let them be informed that nobody in Ghana — tell the gentleman here that he has just been nominated Deputy Minister of the Republic of Ghana. He is no more in opposition to be shouting; he should respect himself. He is in Government today.
Mr Speaker, let them know that by 4 a.m. when soldiers and police entered here to keep order, there was no Minister for Defence in Ghana they should educate themselves. I want to repeat to my Colleague that in a democracy, we do not use soldiers to raid someone’s home, especially when the person has said he is not in the country and would report when he gets back. Mr Ofori Atta wrote to the OSP that he was not in the country; he had received the invitation and would come back and report to them for any investigation. They have no right to send soldiers to raid a man’s house when he is not there; when he has told them that he is out of the country. It is worse than armed robbery.
In fact, I have seen pictures of Richard Jakpa, who has just been forgiven of his sins, raiding someone else’s house. What business has that man in the house of a man who has travelled outside? This is not the democracy we are building. It is wrong for John Mahama, who just won an election, to try to use soldiers to intimidate people. We would not agree today; we would not agree tomorrow. We are not cowards; we would account to anybody who wants us to account.
Mr Speaker, the appeal application against Richard Jakpa and the current Minister for Finance was withdrawn by the current President. Allow the courts to deal with the matter and let us see whether they have sinned or not.
Mr Speaker, they should allow the courts to deal with the matter and let us see whether they have sins or not. If he wants me to withdraw the word “forgive” I will withdraw the word, but I said allow the courts to decide whether a man is guilty or not.
Hon Isaac Adongo
Bolgatanga Central
Mr Speaker, I am very sad that in our country, the biggest perceived enemy of our economy is being defended the way my Colleagues are doing and everybody knows
Mr Speaker, you allowed very contentious debatable issues to be raised here and you are now asking me to respond to debatable arguments without debate? Is that what you are saying? You admitted all the debatable documents that he presented here. But I want to say that if you as a Ghanaian respect yourself and Ghana has gone into debt restructuring and been embarrassed globally, who did that? Ken Ofori-Atta did that. Ghanaians who bought our bonds went into a Domestic Debt Exchange Programme (DDEP), who did that? Ken Ofori-Atta. And so if they get up to defend this person who has robbed us of our peace and happiness, and you expect me to debate this in a manner which is not debatable, I beg to differ.
Mr Speaker, the truth is that the OSP has made it very clear that the State did not send anybody to Ken Ofori-Atta’s house and that it was staged by Ken Ofori-Atta’s people.
Mr Speaker, these are my views. The Minority Leader cannot tell me what to say in this House; he does not dictate to me what I say in this House. And I am saying that when, as a Government, they decided to violate the Public Financial Management Act with impunity, this day was coming, and it has arrived. The Public Financial Management Act, 2016, is very clear that one cannot commit this state to a multi-year contract without the Minister for Finance himself issuing a commencement certificate. Yet, after he issued a commencement certificate, he was still drawing on the Contingency Fund, as if he did not know about the project? He thought he could do that as long as he wants?
Yes, but the subject is that the Office of the Special Prosecutor has spelt out the reason it is looking for him, and I am discussing what the OSP is calling him for. That, when he decided to engage in multi-year transactions and refused the approval of Parliament, knowing very well the implications in the Public Financial Management Act, he knew that he would answer for it one day. And that—Is the Minority now asking us to do what? Not to discuss a fugitive? We should not discuss a fugitive? Is that what the Minority is asking? Or I should clean him up even though he is a fugitive? So, when the
Minority came here, they knew that the product they were selling, they could not sell it, and we warned them; yet, they did? The Minority can warn me as long as they want, but the important thing is that the OSP has stated that it did not send anybody to Mr Ken Ofori-Atta’s house. Why are they running away?
Hon Kennedy Nyarko Osei
Akim Swedru
Mr Speaker, God willing, Ghana would be 68 years this year.
Mr Speaker, we have seen governments change all the time. The wrong yesterday is not right today. If we are building a society, if we are building a country, if we are building a nation, we cannot and should not allow some of these ills to go on in our society. All of us seated here are politicians. Tomorrow, it could be you. Today, they think it is Mr Ken Ofori-Atta, so it is all right, I would speak against it. If it was meted out to them—The fact that a similar issue or the same thing was done in 2017, does not mean that we should repeat same this time. They should listen to me.
Mr Speaker, I am sad for Mother Ghana. I am sad for us as politicians. Because tomorrow, it would be the turn of one of us, and I cannot sit because I am on the opposite Side, so I would sit down and watch them being treated this way.
Mr Speaker, if we want to build a democracy, let us use the laid down procedures. I am not speaking to shield anybody. The laws are clear that if anybody is found guilty of committing any crime, there are laid down procedures to deal with such matters. We do not use the Rambo style action to go to somebody’s house.
I have a message for the President; President Mahama should listen to me. Mr President, Ghanaians voted for you massively so that you come and unite this country. They did not vote for you to come and divide this country. If the President wants to leave a legacy, long after he has left office, then I am begging him to use the laid down procedure to address some of these matters and stop the buga buga. It is not going to help this country
Hon Yusif Sulemana
Bole Bamboi
Mr Speaker, I am one of those who believe that what is wrong yesterday is also wrong today.
What I have read is that the OSP has said that the raiding we are all talking about is something that was staged. I listened to him; so, for me, for us to use this precious time discussing something that has been staged, then I think we need to have a second look at what we are doing.
Mr Speaker, I listened to my senior Brother, the former Minister for Defence, and I was a bit sad. I followed him and the former Minister for the Interior, and my good Friend and Brother, the former Minister for Lands and Natural Resources, and also, Mr Albert Kan-Dapaah. I followed the four of them outside of here on that faithful day, and I doff my hat for Mr Albert Kan-Dapaah when he shouted, “Do not let them enter!”. Mr Nitiwul shouted, “Let them enter!”, and they entered.
Mr Speaker, I started by saying that the former Minister for Defence is my Brother and indeed, I know where he comes from. Where he comes from is where I also come from, so we are brothers. We are the same people. So, I was shocked that day when he ushered in the military men to come and kill his own brothers. Mr Speaker, he is saying that there was no democracy at that time, and that there was no Government in place and he was not a Minister at the time so, he was not bothered about whatever happened. This is what he just said.
Mr Speaker, the very people who did that are still in the system; we have their pictures. On this day, I would want to call on you to order an investigation, so that we would get to the bottom of this issue. I am a Muslim; a serious and pious Muslim, so, the last thing I would do is to tell lies about my own Brother. I have said what we call the Kalima—I believe in Allah, and I believe in his prophets. And the next thing to believe in is to ensure that I do not tell lies about respected people like my Brother.
I only want to put on record that on that day, I followed Mr Nitiwul. My Brother, the Hon John Abdulai Jinapor, Hon Ambrose Dery and Hon Albert Kan-Dapaah were coming from here down to this point when Hon KanDapaah insisted that they should not allow the military men into the Chamber. However, Mr Nitiwul said they should. Indeed, they entered and he followed them.
Mr Speaker, what I want you to do is to call for a video. He wants me to come with evidence so call for a video and we would see him ushering in the military men.
Mr Speaker, on this note, I am calling for an independent investigation to ensure that we get the truth of whatever happened on that day. Once we get the truth, he would cease to call for evidence.
Hon Davis Ansah Opoku
Mpraeso
Mr Speaker, thank you very much. Mr Speaker, Members in this House who have followed my proceedings, or my actions in the media would certainly know that I was one of the few MPs who stood up and said that Mr Ken OforiAtta must go. I am not here to defend him.
But we need to ensure that as a country, the rule of law always reigns supreme. I am a bit surprised that Members of the National Democratic Congress (NDC) are today defending actions that they were crying over some time back. In fact, I heard my good Friend, Hon John Abdulai Jinapor and Mr Kwame Governs Agbodza make claims that in 2017, their houses were raided at Adaklu and all of that. Is that a justification why we should allow same to be repeated this time?
Mr Speaker, when H. E. John Dramani Mahama was campaigning, he said he would reset Ghana. Is that the reset we see today? That lawlessness is reigning supreme over everything that we do in this country? That today, Mr Richard Jakpa can walk into the house of Mr Ken Ofori-Atta, raid his house, and pick documents when he has no warrant?
Mr Speaker, we all heard the Special Prosecutor today. He declared Mr Ken Ofori-Atta as a fugitive. I wonder the legal basis for which the Special Prosecutor declared Mr Ken Ofori-Atta as a fugitive. A fugitive is someone who has escaped from custody or is evading a lawful arrest warrant. What warrant does the Special Prosecutor have to say today that Mr Ken Ofori-Atta has escaped from this country? We all know that one of the reasons the former Minister for Finance had to quit his job was because he was not feeling well.
So, if the man travels out of this country for medical reasons, and knowing very well there has been enough communication between him and the Special Prosecutor—did the Special Prosecutor hold this press conference just to embarrass the man? The Special Prosecutor declared the man as a fugitive. That is what Hon John Abdulai Jinapor said. The Hon Majority Leader said nothing about it. Hon John Abdulai Jinapor said the man has been declared a fugitive and we know the definition of a fugitive. Has Ken Ofori-Atta
Hon Ayariga Mahama
Bawku Central
Mr Speaker, we need to be cautious. The Hon Member who just spoke said the Special Prosecutor organised a press conference to embarrass the former Minister for Finance. This House should not interfere in the work of the Special Prosecutor. We should not intimidate the Special Prosecutor.
Mr Speaker, secondly, the former Minister for Defence said soldiers were sent to the residence of the former Minister for Finance. Nobody has tended evidence in this Chamber that soldiers were sent. They are talking about one Mr Jakpa. The man is not a soldier; the man is retired. He left the army and he is an officer, I believe, of the National Security of the State.
So please, let us not sit here and say things that would dent the image of the men and officers of the Ghana Armed Forces in uniform. So, let us be careful when we say that soldiers were sent there, because no soldier was sent to the residence of the former Minister. Mr Speaker, please, let us be cautious.
Hon Alexander Kwamena Afenyo-Markin
Effutu
Mr Speaker, with the greatest respect, take it easy.
He did not say he was up on a point of order. He did not say so. And please, he made an intervention for the good of the Minority and I am back on the same level.
I agree with the Hon Leader of the House that we should tread cautiously; rightly so. But, we have heard a Colleague make a statement for Hansard that the respected Senior Member sent soldiers here to kill us; those were the words. Mr Speaker, in the same spirit, we need to be careful.
Secondly, I have publicly acknowledged the diplomacy of the Majority Leader and I have no reason to doubt him, but I always act in good faith. I shared with him, although privately, but I would tender it in since it has been raised; videos of soldiers in uniform raiding the residence of Mr Ken Ofori-Atta.
Mr Speaker, indeed, he is right in saying that the man spoken about as the one leading the team is now a civilian; that is true. Mr Richard Jakpa who works with the National Security and indeed, the one who led the soldiers is a state security operative. But Mr Speaker, the point is very clear that
Mr Speaker, he said so. It is not coming from me. The Majority Leader confirmed it. These are the words of the Majority Leader; they are not mine. So, he has confirmed and says that Mr Jakpa is a state security operative; it is not coming from me. I have shared the videos with the Majority Leader, and I was fair in my dealing with him by telling him that this is a matter that I wanted to raise.
So, Mr Speaker, let us be guided by what he has just told us and allow our Colleague to proceed. I have received a signal from my respected Colleague who has just been nominated as a Deputy Minister that he wants to withdraw that aspect of the submission He said so.
Mr Speaker, I will not impose anything on him. He signalled that in view of the caution from the Leader, he wants to withdraw his submission. If he wants to withdraw it, that is his matter. I am only telling, Mr Speaker, that that is the signal he is giving me. Mr Speaker, let us be fair with each other. This democracy that we are celebrating today —
Mr Speaker, once upon a time, we had 169 seats in this House. The Majority has made it; enjoy it, but let us be mindful that we are a family. I told the House some weeks ago, that we should learn from the Jinapor brothers. I rest my case.
Hon James Agalga
Builsa North
Mr Speaker, the Statement made by the First Deputy Minority Whip was made in the realm of the purported violation of the rights of the former Minister for Finance. If my understanding of that statement serves me right, Mr Speaker, then of course, we have a reason to ask ourselves which of the human rights provisions enshrined in Chapter 5 of the 1992 Constitution has been violated. That is the question. The maker of the Statement cited a judicial decision in support of the Statement.
Now on that particular judicial decision, I did not hear him well, but he mentioned the Director of Prisons. That particular judicial decision relates to fair trial principles.
Mr Speaker, in the case of the former Minister for Finance, he is not on trial, so the principles enshrined in Article 19 of the Constitution would not apply to him for now. The closest we could come to, in terms of the human rights provisions in our Constitution, would be Article 15.
Mr Speaker, I would take you through, and I expect, with the greatest of respect, that the Minority Leader respect the fact that I am truly a human rights advocate, and he can bear testament to that fact. Let him not interrupt me when I am advancing my arguments.
Article 15 talks about the respect for human dignity and this is what it says:
“1. The dignity of all persons shall be inviolable.
2. No person shall, whether or not he is arrested, restricted or detained, be subjected to–
a. torture or other cruel, inhuman or degrading treatment or punishment;
b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.”
It goes on, but those are the relevant provisions I want to relate to. Mr Speaker, the question is: has Hon Ken Ofori-Atta arrested? He is not in the custody of the police, so how do we start talking about a violation of his right to human dignity? The steps that have so far been taken by the Special Prosecutor—
Mr Speaker, the steps that have so far been taken by the Special Prosecutor is in accordance with law, as prescribed by Article 18 of our Constitution. That same Article 18 talks about the right to property and the fact that it should not be interfered with; a person’s property right, home, et cetera. But Article 18 comes with an exception; where the state security apparatus decides to act in prevention of crime or in detection and punishment for crime, an exception is created under Article 18.
The question we should be asking ourselves is: assuming without admitting that the security agents stormed the house of Ken Ofori-Atta, we should ask ourselves, did they obtain a warrant from court? I think our Colleagues on the other Side should file an Urgent Question and determine for themselves whether they acted with a warrant or without a warrant before they draw certain conclusions.
Mr Speaker, the Special Prosecutor has spoken, and he said that he extended an invitation to Ken Ofori-Atta, and his lawyers offered to present themselves for questioning. He said lawyers are not the subject of the investigation, so he wants rather to talk to Ken Ofori-Atta. Could this be the reason agents of our state security apparatus stormed his home?
Mr Speaker, let me remark that when Hon John Jinapor’s home was stormed, there was no prior invitation extended to him by any state security agency mandated to investigate any matter. Likewise, the home of Dominic Ayine, the current Attorney-General, was equally stormed. What was his crime? His crime was that he only wrote a legal opinion, and a legal opinion warranted the storming of his home without a prior invitation from the police. These are the facts we should compare and contrast. Having said that, I did indicate that, I, as a lawyer, a human rights advocate—
I was struggling to establish for myself which of the provisions of our Constitution have been violated; I found none. Ken OforiAtta could submit himself to the law for the purposes of investigation and when there are violations, I would be the first to speak for and on his behalf. Not until then, he should be law abiding and come home and engage with the Special Prosecutor, so that the allegations which have been levelled, could be dealt with.
Hon Stephen Amoah
Nhyiaeso
Mr Speaker, thank you.
Mr Speaker, I would want to make it emphatically clear that Ken Ofori-Atta has not run away. I would like to advise this august House that our actions and omissions, over the years, have actually defined us, and we have given the public and the external stakeholders to always see us in different lenses. It is time we put an end to what we are doing to each other.
Mr Speaker, some of the description they have given—Some even went to the extent of saying that the economy that he left—In fact, I cannot repeat those evil words they used.
Mr Speaker, in 2016, the economy Ken Ofori-Atta inherited was growing at 3.4 per cent. The inflationary rate was 15.4; lending rate was about 40 per cent. But for COVID-19, by 2019, we were growing 7 per cent, and inflation was 7 per cent. Under Ofori-Atta, we have been able to implement one of the most enviable pro-poor policies on the continent of Africa.
How could they describe such a man, because of global crisis, your own former Minister for Finance—Do they know the description they are giving to this country? Do they know how they are placing Ghana on the globe because of politics? Do they know what they are doing to the country? Very soon, their Ministers would be leaving Ghana for places for international assignments, and this is what they would read from their own lips.
Mr Speaker, we should not allow this outmoded, colloquial, and primitive politics to continue to destroy our country—Mr Speaker, we are one people with one destiny as a nation; I am only advising the House—
Mr Speaker, I think I have to make myself clearer here. I am not even speaking against one Side; I am talking about actions and inactions, omissions and behaviours that are dwindling the very reputation of this House. We have been doing this to ourselves for far too long. Now, every Tom, Dick and Harry out there, even if you are driving a Land Cruiser out there, they think you are a politician, whether NDC or NPP, and they do not respect us. This why I am bringing to our attention that we should not allow the propaganda or actions or omissions of yesterday to keep on destroying the very image and reputation of this august House. Is that what we want to do? This is the question I am asking.
Mr Speaker, are we teaching the younger generation what we are doing today? What does the Constitution say?
Article 18 (2). With your permission, I read; “No person shall be subjected to interference with the privacy of his home, property…” Has that happened or not?
The very Constitution and laws that we made, are we undermining the same.
laws because of politics? We should not sit here and because of politics, forget the fact that the same Ken Ofori-Atta made their family members enjoy free school; their nephews, children, aunties, friends, mosque members, church members among others.
But for Ken Ofori-Atta, they would have been home. Let us stop these things against either National Democratic Congress (NDC) or New Patriotic Party (NPP). Let us maintain our reputation as a House. Let us believe in the fact that we are one people with a common destiny as a country. We must stop all these things.
That is what I mean. We should forget yesterday’s politics because we are destroying each other and we call ourselves Hon Members. We all deserve that, but please, Mr Speaker, what I am trying to tell the House is that sometimes, because of politics, we say these things as jokes but those out there believe in what we say, and disrespect all of us. Let us protect each other; let us keep the dignity of this House intact and portray to the people out there that yes, we have changed.
Mr Speaker, I am ending by telling each and every one especially my Hon Brothers and Sisters from the other Side to repent. These behaviours must be stopped. We do not do that to ourselves. Look at Hon Agbodza, very respectable; our Leader is also respectable and we are all respectable. But because of politics, should I call you a thief or other names, and when we go out there, we want people to respect us? Mr Speaker, this should be the last time for all of us. Let us show love and have constructive discussions. Constructive conflicts; conflict C type and not A type.
Mr Speaker, in conclusion, I would like to re-emphasise the point that until Mr Ken Ofori-Atta is proven guilty by a court of competent jurisdiction, he cannot be described and defined as somebody who is criminal. Thank you very much, Mr Speaker.
Hon Kwame Dzudzorli Gakpey
Keta
Thank you, Mr Speaker for giving me the opportunity.
Mr Ken Ofori-Atta is not above the law. When the Special Prosecutor read the Statement today, he talked about the National Cathedral, he mentioned Strategic Mobilisation Limited (SML) issues; those are the issues the Special Prosecutor is investigating. When they call upon Mr Ken Ofori-Atta to avail himself to the authorities to do the needful, he sent lawyers to represent him. Where is Mr Ken Ofori-Atta? He is outside the country. We call upon our former Minister for Finance to do the needful and come back to Ghana.
Mr Speaker, this is about public money, not personal money. He is not above the law; the security agencies went to his house lawfully. What we should be looking at is to inquire as a House, as to whether they had a search warrant to go to Mr Ken Ofori-Atta’s home. It is not about wearing white dresses; nobody is above the law. When you hold public offices, you need to be accountable. The day of accountability has arrived. We were in this country when Mr John Jinapor’s house was raided; former Attorney-General’s home was raided by the military, and Members were invaded in this Chamber. At that time, they did not have the locus to say and condemn it. Today, they have the moral temerity; the audacity to say that it is wrong. They have the moral ground to talk. They did not know the day of reckoning would come today.
Mr Speaker, here we are. This is what we call karma. Karma is real. Those days where Members of Parliament were being chased and prevented from performing their duties, here we are. So, all that I want to say is that Mr Ken Ofori-Atta is not above the law. He should submit himself and stop running away. He is out of the country. Please call upon him to come back to the country. He should not run behind the excuse of medical condition; he is fit for purpose and we are waiting consciously and patiently for Mr Ken Ofori-Atta to arrive in this country to submit himself for the needful to be done.
Mr Speaker, what is he running away from? The US$58 million was sunk into the National Cathedral. The US$58 million which can build roads in Kwesimintsim; is it not true? Hon Opoku Ansah, is it not true? It can build hospitals, markets, and a lot of roads. We would have finished the Agenda 111 buildings. What are we talking about?
SML, is it not true? Yes, the biggest hole Ghana has ever constructed. So, nobody is chasing the former Minister for Finance. He is supposed to submit himself to the authorities and do the needful, and he is not above the law.
Mr Speaker, he swore an oath to protect the public purse, and now, the day of accountability is here so he should just commit himself.
Thank you for the opportunity, Mr Speaker.
Hon Alexander Kwamena Afenyo-Markin
Effutu
Mr Speaker, thank you for the opportunity to make my comments on this matter.
Mr Speaker, Mr Ken Ofori-Atta, a former Minister for Finance and former presidential envoy has contributed to nation building. In 2021, when His Excellency Nana Addo Dankwa Akuffo-Addo nominated him for the Ministry of Finance portfolio, this House had to wait, because he indicated he was unwell and seeking for medical treatment outside.
In fact, Mr Speaker, when he even came, he was the only minister whose vetting took two days and in -between, this House indulged him to enable him take some breaks so he could proceed with his vetting. Eventually, he left Government as a Cabinet Minister and for the records, on the 2nd of January, 2025, wrote to the then Chief of Staff that he needed to travel to Mayo Clinic in Minnesota, USA, for some medical procedure.
Mr Speaker, after President John Dramani Mahama had taken office, he again wrote to the current Chief of Staff in a letter dated the 22nd of January, 2025, indicating that he would again be absent from Ghana for the same purpose.
Mr Speaker, in fact, in the said letter to the Chief of Staff, he attached a letter from the hospital that he was seeking treatment. Mr Speaker, indeed, the OSP wrote to him on 24th January, 2025. In fact, this is the first letter that he received from the OSP. In the said letter, Mr Ken Ofori-Atta, instructed his lawyers to respond, to let the OSP know that, indeed, he was out of the jurisdiction seeking medical treatment.
Mr Speaker, what happened yesterday by state security operatives, must be condemned by all of us. Hon John Abdulai Jinapor has narrated his own ordeal, but the records of this House would confirm that when that happened, Rt Hon Speaker Oquaye condemned that act. If, indeed, something had happened yesterday, it does not mean that we should continue today.
Mr Speaker, I have heard human rights activists, and respected lawyers for that matter, quote Article 18 of the Constitution to say that, that is not applicable in this case. Mr Speaker, I beg to submit that, that was a wrong appreciation of the law. Military men led by Mr Richard Jakpa, unlawfully entered the premises of Mr Ken Ofori Atta, searched his rooms—
Mr Speaker, you know that by virtue of where we sit, we are able to do some background checks before we come here. I would not want to mention names, but when inquiry was made, it was obvious, and I state it for emphasis, that those officials from the State did not have any warrant. Mr Speaker, we should not encourage such an approach. We should not. Our democracy is still young.
Today, it is Mr Ken Ofori-Atta, tomorrow, it would be another person. Some of our Colleagues should not forget that only yesterday, it took the intervention of certain prominent Members of our Side to ensure that they were not mistreated. We would not mention names. They know, so these should be the voices of reason on this occasion. Some Members worked in the night to ensure that Members of the political class, who are Members of this House, were not mistreated.
Mr Speaker, let me remind Colleagues that today, if they are praising the OSP, we should not forget that not too long ago, we had some of our Members at the receiving end of the OSP. Do not let us also forget that even the President himself became a subject matter of the OSP’s investigation, and he was not happy with certain words used against him by the OSP. So, do not let us celebrate because today, it is Mr Ken Ofori-Atta.
Mr Speaker, all manner of things is being said; that Mr Ofori-Atta has done this and that. I listened to my Colleague from Keta and my respected Colleague from Bolgatanga Central, enumerate what to them amounts to offences, and they argued again, that the man has not been tried; therefore, there cannot be any human right abuse. Mr Speaker, if one invades somebody’s home and raids it, Article 18 of the Constitution protects that person, except when the person is doing so lawfully.
On this occasion, there was no such law supporting their actions, so they should not be happy with it here. These four years would soon come. No Member—
Mr Speaker, the contention here is that, the man’s home was raided by state security operatives, rather unlawfully, and I dare contend that that conduct was unconstitutional; that is my respectful submission.
Mr Speaker, I have done a lot of follow ups on this matter and I regret to say that we are not sending the right signals to our electorates. The man has put the state on notice of his absence from the jurisdiction. He has made available his medical records, coming from a respected medical facility. Mr Speaker, today, I repeat that if our friends think that it is another person, so it is all right and they are describing Mr Ken Ofori-Atta in all manner or forms, let me remind them that, none can ever rule this country with perfection.
Mr Speaker, at the risk of being repetitive, Dr Stephen Amoah was clear in his language of submission that indeed, the successful implementation of the Free SHS was led by Mr Ken Ofori-Atta as the Minister for Finance. He made sure that he rolled out that allimportant policy of Government. If they have any issue, they should follow the due process of law. It is not enough for National Security to raid his home. It is not enough to carry armed military men to his residence to terrorise his children and by extension, his neighbours.
Mr Speaker, we must, as a House, be united with one voice to condemn this act. Today it is Mr Ken Ofori-Atta, next, it would be other appointees; we must not allow this. Only yesterday, we saw the Attorney-General apply to the court with an application we call nolle prosequi in law, which simply says that he is discontinuing certain cases. That is within his right as an Attorney-General.
Mr Speaker, what signal are we sending to the nation? That if it is the NDC in power, it is right? If it is the NPP in power, it is right? Mr Speaker, the political class of this country must rise above this.
I would conclude by saying that if, indeed—
Mr Speaker, Hon Member for Keta talked about karma and I agree with him. I have been reading a lot about karma; the wheels of karma indeed grind slowly but with great surety. They have quoted it today; enjoy it while it lasts.
Mr Speaker, today he says that we are reaping the fruit of the karmic effect of our actions so it should be so. They have just come into Government and there are a lot of projects they would want to undertake. They would be going to the Public Procurement Authority (PPA). Ministers would be making decisions; some will be good and some will be bad. They would roll out policies for Ghanaians to benefit; some will pay and others will not. They would engage the business community, so they should bear in mind that this karma they have just referred to, four years from today— They can call it 50 or 60 years.
So let us solve the problem now. Let us encourage state security agencies with the mandate to investigate and prosecute to follow the law.
Hon Nitiwul in his submission was very emotional because just a week ago, he had to invite the Leaders and the Clerk to intervene. Some people calling themselves state securities operatives chased him, a former Minister for Defence, and when they saw the car papers, they now realised that whatever information they had was wrong.
A colonel had to come, and when he questioned them on who sent them, they could not mention any name. When we give certain wrong signals, some of those people at the lowest levels take advantage to harass people. Even senior members who give orders, when they realise that they are wrong, they are unable to even own up.
Hon Nitiwul, a former Minister for Defence suffered this just a week ago, and it took the intervention of Leadership and the Clerk to Parliament to sanitise the situation. Is that what we want? Mr Lord Commey’s house was raided; they searched his house, took away all his cars and after three days, they said they were sorry and brought his cars back. Is that how we want to govern the country?
Mr Speaker, I shall conclude by urging my Colleagues to support this call to bring sanity to the country so that nobody will take advantage to unleash any violence on anyone. I rest my case, thank you.
Hon Ayariga Mahama
Bawku Central
Mr Speaker, before the Statement was made, I had cautioned that this Statement would generate commentary that would provoke debate in clear violation of our Standing Orders, and I cautioned that it is a Statement that would attract comments that would go to, perhaps, damage the reputation of somebody who is not in this Chamber. I cautioned but my Friends on the other Side insisted and made the Statement.
Mr Speaker, if one is a believer in the rule of law and knows the law, they know that if one claims that somebody has improperly searched their house or property, they go to court for them to declare that their property rights have been violated, that their dignity has been violated, and the courts are there to provide them with that service of making a decision as to whether indeed their rights have been violated. In court, the two sides will be there and they would all be heard, but if they choose to use a political platform like this one, Parliament, to raise matters that properly speaking are the business of courts, they would receive political responses. And that is what I see happening here.
Mr Speaker, as for me, what I hear being said here is that there is a certain class called the political class and that political class must take care of each other. What I hear being said in this Chamber is that taking care of each other means that we should not hold each other accountable. Mr Speaker, I have always contended that it would be the most dangerous thing that would happen to the democracy of this country if a certain group called the political class were allowed to conspire to protect each other because what would happen —
Mr Speaker, I am saying what I hear. There have been several referrals to a group called the political class. Did we hear that or not? Several times, there was a referral to a group known as a political class and several times, a call on members of the political class not to do this to each other. What do we mean by let us not do this to each other? Let us not, when there is a change in government, try to hold each other accountable, this way or that way. I take a position that indeed, the reason the voters go to vote for one political party as against the other is so that they would come and hold each other accountable.
The day that we stop holding each other accountable is the day the electorates will lose confidence in this democracy. And when they lose confidence in this democracy, that is the end of democracy in Ghana, so we must hold each other accountable.
When we vote for a new party and a party comes, they owe a duty to those who voted for them to hold those who have been taken out accountable. As for how they do it, it should be a matter of following due process and the law. Let us talk about nolle prosequi; I heard someone mention nolle prosequi and withdrawal of prosecutions.
Mr Speaker, if the Republic of Ghana prosecutes a citizen for eight years and is unable to convict that citizen, then there is a problem. How can the state mount a prosecution for eight good years with all the resources at the disposal of the state and yet, they are unable to convict the citizen or at least get a ruling on that citizen, whether they are guilty or not? So when they are unable and they try somebody for eight good years and they cannot secure a conviction, then clearly there is something wrong with the case.
So if another Attorney-General comes and is convinced that he does not have a basis for the prosecution and enters a nolle prosequi, that is not a case of clearing people. The Minority had eight good years to secure a conviction and eight years, they failed. Clearly, there is something wrong, and that is what has manifested itself in a nolle prosequi. Mr Speaker, let me say that we—I cautioned against making the Statement because I did not want us to go into a situation where we would be making unfair comments about somebody who is not in the Chamber to defend himself.
The facts are simple, that military officers, policemen and national security personnel invaded, entered and searched the private property of the former Minister for Finance. I would not run any commentary on that matter until I have conducted some investigations to ascertain what the facts are, and then I would come and apprise this House of exactly what happened so that we can be properly informed. If there is anything that we should condemn about what has happened, we can collectively as a House, condemn it.
I cautioned that Hon Members should not make statements that would involve commentary that would undermine the image of someone because I would not be happy if it is done to me, and that is why I objected.
So, I am not going to join Colleagues to comment on the Statement except to add that the Office of the Special Prosecutor (OSP) has been severally mentioned. This was an office that was established to investigate and prosecute alleged cases of corruption and abuse of office by public officers.
They have indicated that in this instance, they are investigating the former Minister for Finance for two stated matters which is, matters relating to Strategic Mobilisation Ghana Limited (SML). I am sure that Hon Members are all aware that it was a big issue in this country where it was alleged that there was some corruption scandal relating revenue assurance contracts awarded by the Ministry of Finance and the Ghana Revenue Authority (GRA) to SML.
Secondly, there is this big issue of the National Cathedral which we all know the story, that some monies were paid for work that was supposed to have been done there and it is alleged that the work has not been done. So, the OSP is seized of the matter, is investigating the matter and wants the former Minister for Finance to appear before them for some investigations. They indicated that there are two other matters that they are investigating but they have not indicated exactly what those two other matters are.
Mr Speaker, let us be cautious not to make statements that would be prejudicial to the work of the Special Prosecutor. That is why I cautioned and advised that we should not raise the matter in this Chamber, but once we have made the issue a matter for discussion in this Chamber, we cannot also begrudge those who run commentary on the personality of the former Minister for Finance. But let me touch a little on this issue of using the military. I should not say this but I am compelled to say it.
I have observed that for several years, a whole military battalion was placed in front of the Electoral Commissioner’s house to protect her house at the time when Mr Nitiwul was the Minister for Defence. Did not Mr Nitiwul know that the police were available to provide security to the Electoral Commissioner?
Mr Nitiwul was the Minister for Defence and he placed a whole military battalion at the entrance of the Electoral Commissioner’s residence and she was guarded by soldiers who followed her all the time. —
Let me repeat it while he is here. He should sit down and let me repeat what I said in his presence. I am saying that he is very concerned about the use of the military to conduct searches in people’s homes and I am reminding him that while he stood there as Minister for Defence, had oversight over the military, he used the military to guard the residence of the Electoral Commissioner; true or false? Mr Speaker, he used the military to provide personal security for the Electoral Commissioner.
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