I do not have any "big list" of deputies waiting for a possible lawsuit – Martin Amidu



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General News on Thursday, June 6, 2019

Source: Graphic.com.gh

2019-06-06

Martin Alamisi Amidu V.jpeg Special Prosecutor, Martin Amidu

The Special Prosecutor (SP), Mr. Martin Amidu, reacted to a media advertisement suggesting that he had submitted a "long list" of members of parliament (deputies) of the ruling party, the new patriotic party ( NPP), in power, and the National Democratic Congress (NDP) (NDC) that have been aligned for possible prosecution for corruption-related offenses.

In a press release copied to Graphic Online and published on the morning of Thursday, June 6, 2019, Mr. Amidu explained that he was reacting to a report citing the Minister of Parliamentary Affairs and Majority Leader, Mr. Osei Kyei-Mensah -Bonsu, made the allegation in an interview on the radio.

According to Mr. Amidu, said Mr. Osei-Kyei-Mensah. "… Parliament, through the Special Prosecutor, has received a long list of parliamentarians, members of the NDC and NPP, who could be prosecuted by the SP for various offenses."

Clarifying, Mr. Amidu stated that the Special Prosecutor's Office "has from time to time addressed written requests to the Right Honorable President. [of Parliament] release appointed members of Parliament to badist in the investigation of allegations of alleged corruption and corruption-related offenses.

"Apart from the honorable Mahama Ayariga, the first defendant in a pending case before the High Court and therefore subject to prosecution, the Bureau has not taken a decision to indict another Member of Parliament for even less that this member can be sued by this office ".

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Mr Amidu said that "should there be a bipartite agenda for the publication of such false truths, the public should be informed in advance and boldly of its intentions and not by a subterfuge".

Martin Amidu, nine of 275 MPs under investigation, can not be considered a big list.

He added that "close to eight other NDC and NPP deputies, in addition to the honorable Mahama Ayariga, have been invited and released by the President for statements to be withheld against them for alleged corruption and corruption-related offenses. ".

He added that the investigators had not submitted any list of investigations nor recommended to the Special Prosecutor to decide whether or not to be charged with corruption.

"The Office of the Special Prosecutor wishes to point out that nine members out of 275 of Parliament can not be considered a big list by an acceptable use of the English language even for the purpose of an invitation to release members of Parliament for the help in the investigation .. corruption, "said Mr. Amidu.

"It is therefore necessary to rectify the records by remaining silent and letting the Special Prosecutor believe that the Special Prosecutor has drawn up a long list of" members who could be prosecuted by the SP for various offenses ".

"The Office of the Special Prosecutor will continue, under the current Senior Special Prosecutor, to invite members of the Executive Branch and Parliament without fear or favoritism, affection or unwillingness to badist the Office in its investigations into the suspicions of bribery and bribery. -offices or as witnesses in the cases required by the mandate of the Bureau.

"When the list becomes large, it will mean that the stables of corruption become very dirty and smelly and must be vigorously cleaned to eliminate the chancre demanded by the electorate in the 2016 elections and updated by His Excellency the President and the Parliament.Office still has no evidence of such a long list.

"It is true that the minister and leader of the majority, who is both a member of the executive and legislative branches, has revealed that the Special Prosecutor's Office, represented by the Special Prosecutor and the Deputy Special Prosecutor, has been engaged. by the direction of the Parliament., on the morning of June 3, 2019, during discussions on the Hon. Mahama Ayariga, 1st accused whose case was pending (hearing) on ​​June 4, 2019 under law. a list of causes issued by the High Court of Accra, "added Mr. Amidu.

Below you will find a copy of Mr. Amidu's press release.

PRESS RELEASE FROM THE OFFICE OF THE SPECIAL PROSECUTOR

THE OFFICE OF THE SPECIAL PROSECUTOR DOES NOT HAVE ANY GENERAL LIST OF MEMBERS OF THE PARLIAMENT FOR POSSIBLE PROCEEDINGS.

Silence, they say, is gold. But there is also the saying that in normal social and administrative interactions, "silence means consent except in contract law".

Minister of Parliamentary Affairs and Majority Leader, Hon. Osei Kyei Mensah Bonsu, in a web-based publication Ghana on June 5, 2019, reportedly said in an interview with Ade Akye Abia, of Okay FM, paraphrased by the report that: "…. Parliament, through the Special Prosecutor, has received a long list of parliamentarians, members of the NDC and the NPP, who could be prosecuted by the SP for various offenses. "

The Office of the Special Prosecutor wishes, for the sake of transparency and accountability, to state unequivocally that the Office has not submitted any list of NDC and NPP parliamentarians to the leadership of Parliament as a list of parliamentarians or "members of parliament". who may face potential prosecution of the PS for various offenses. "

The Special Prosecutor's Office has from time to time addressed written requests to the Rt. Hon. The President must release the appointed members of Parliament to badist in conducting an investigation into allegations of alleged corruption and corruption-related offenses.

Outside the Hon. Mahama Ayariga, the first accused in a pending case before the High Court and therefore subject to prosecution, the Bureau has not taken a decision to prosecute or not to accuse another Member of Parliament for corruption offense. face potential lawsuits from this office.

If there was to be a bipartisan program for the publication of such falsehoods, the public should be informed from the start and boldly of its intentions and not by a subterfuge.

About eight (8) other NDC and NPP deputies, except the Hon. Mahama Ayariga, were invited and released by the President for statements to be taken on charges of corruption and corruption-related offenses.

The investigators did not submit any list of investigations or recommend to the Special Prosecutor whether they should be charged with corruption.

The Office of the Special Prosecutor wishes to point out that nine out of 275 members of Parliament can not be considered a list of choice, even by an acceptable use of the English language, even for the purposes of the invitation to release Members of Parliament to help them investigate corruption offenses.

The registers must therefore be corrected by not being silent and incorrectly stating that the special prosecutor has drawn up a long list of "members who will face possible prosecution by the SP for various offenses".

Under the first prosecutor's office, the Office of the Special Prosecutor continues, in particular, to invite members of the executive and the Parliament without fear or favoritism, affection or unwillingness to badist the Office in investigating alleged violations of the law. corruption and corruption. or as witnesses in the cases required by the Bureau's mandate.

When the list is long, it will mean that the corruption stables become very dirty and nauseating and need to be cleaned vigorously to excise the chancre as requested by the electorate in the 2016 elections and updated by His Excellency the President and the President. Parliament. The office still has no evidence of such a long list.

It is true that the minister and leader of the majority, who is both a member of the executive and legislative branches, has revealed that the Special Prosecutor's Office, represented by the Special Prosecutor and the Deputy Special Prosecutor, had been engaged by the direction of Parliament. on the morning of June 3, 2019 in discussions on the hon. Mahama Ayariga, a 1st accused whose case was pending on 4 June 2019, according to a list of causes issued by the High Court of Accra.

The invitation from the right The Honorable Chairman of the Special Prosecutor for the discussion was dated May 31, 2019 and was received in the evening of the same day. It bears the reference number OP / SPKR / 19/030 and is not a clbadified document.

In discussions with the leaders of Parliament, the special prosecutor made it clear that no provision of the Constitution to which the president referred. L & # 39; Hon. In his letter of invitation and his remarks at the meeting, the President applied to members of Parliament charged with crimes of corruption and brought to a competent court.

Determining the days on which the first-instance criminal court would conduct the trial was entirely up to the Court and not the Special Prosecutor to make a compromise in a private meeting with the leaders of Parliament.

The special prosecutor made it clear that the Bureau would abide by any court decisions on this matter, but would not meet with the leaders of the Parliament in parallel so as not to oppose in advance such a decision. Asked if the defense lawyers raised it. accused to the Court simply because of their composition in Parliament.

The Rt Hon. The President's certificate on the immunities and privileges of the Court on June 4, 2019 was issued after the appointment of this office to Parliament on June 3, 2019, and the results are well known.

The executive and parliament have the constitutional and legal obligation to respect the independence and impartiality of the Special Prosecutor's Office, as promised to voters in the 2016 elections.

Any appearance of bipartite pressure on the decision-making process of the Special Prosecutor's Office sends a bad signal not only to Ghanaian citizens, but also to the international community to whom the appearance has been given that all citizens are willing to also submit to investigations and prosecutions for alleged corruption and corruption-related offenses.

The fight against alleged corruption must be committed unreservedly by all citizens and with full commitment, in accordance with the Constitution.

This is the time to move from pure form to concrete action in the fight against corruption, subject only to the respect of legality.

The special prosecutor wants to badure the Ghanaian public whose votes have informed the Bureau that he will not betray them and would withdraw from this work to satisfy any bi-partisan pressure.

The solution to exclude members of Parliament from investigation and possible prosecution of alleged corruption offenses is to remove the first special prosecutor in a bipartisan manner or to allow the appropriate independent constitutional institution to do it.

This will not work to allege a long bi-partisan list for possible prosecution of parliamentarians if no such long list exists or has been submitted by the Special Prosecutor's Office to any office: this only allows the creation of a bi-partisan artificial smoke screen in order to unduly delay or flee the justice of a category of suspects accused of committing offenses of corruption.

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