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L & # 39; Hon. Joseph Kpemka, a Deputy Minister of Justice and Attorney General, said that under the current state of the 1992 constitution, it would be impossible to remove or amend the indemnification clauses.
According to him, when you read article 299 and you combined it with compensation clauses 34, 35 and 37, this became impossible unless you rewrite a new constitution.
Article 299 of the 1992 Constitution provides: "The transitional provisions specified in the first annex to this Constitution shall apply notwithstanding the provisions of this Constitution."
Subsections 34 (1) and (2) of the Compensation Regulations provide that "no member of the Provisional Council of National Defense, Secretary of the National Defense Council or other person designated for that purpose can not be held jointly or severally liable for acts or omissions in the administration of the Provisional Council of National Defense.
"(2) No court shall hear an action or make any decision or order or grant any remedy in proceedings against the Government of Ghana or any person acting under his authority in Ghana, whether before or after the entry into force of this Constitution or against any person acting in concert or individually to badist or provoke the change of government that has taken place on February 24, 1966, the thirteenth day of January, 1972, June 4, 1979, and December 31, 1981, for any act or omission relating to or arising out of it. "
Article 35 Compensation: "(1) Subject to paragraph (2) of this Article, any confiscation of property and any other penalty imposed by or under the authority of the Revolutionary Council of the Armed Forces under any decree Law pbaded by this council, can not be overturned by any authority under this Constitution.
"(2) Where a good or part of a property belonging to a person has been confiscated as a result of the performance of its public or political duties or for any other reason, and if it has been established to the satisfaction of the Commissioner for Human Rights and Administrative Justice that the property or that part was acquired prior to baduming public or political functions, or that they have been legally acquired, the property or that part must be returned to that person. "
According to Mr Kpemka, it is quite impossible to delete the indemnity clause in Article 37, which states: "Notwithstanding the provisions of Chapter 25 of this Constitution (1992), Parliament does not have the right to the power to amend this Article or Articles 34 and 35 thereof. "
The Honorable Kpemka, also a Member of Parliament for Tempane, made these comments while commenting on the issue in TV3's TV program "THE KEY POINTS" on Saturday. Modernghana.
As the activities marking the 40th anniversary of the June 4 uprising in Nungua, Accra marked the climax of the situation, former President Jerry John Rawlings called for a review of the constitution to remove the indemnification clauses that would incite agents to abuse their public office for personal gain.
"Over the years, the indemnification clauses have encouraged some characters to abuse their functions and take advantage of them. The constitution of the Fourth Republic was created by us, for us and to serve us, and in the light of 25 years, there is an unqualified need to reform or rewrite our present constitution. An urgent constituent badembly must be created with the necessary powers to rewrite the constitution, "said the leader of 4 June.
Mr Rawlings' appeal had triggered a public debate on the possibility of removing these clauses enshrined in the constitution.
Some legal experts believe that the former president of the AFRC may have referred to the 1992 Constitution in which certain immunities were granted to certain public holders and not to indemnification clauses.
For his part, the deputy of Ningo Prampram, Samuel George Samuel Samuel, felt that the appeal launched by the former president in favor of extinguishing the compensation clauses provided in the constitution 1992 Ghana was an indirect target of Central Bawku MP Mahama Ayariga.
Mr. Ayariga, former Minister of the Environment, Science and Technology, is being sued by the special prosecutor for allegedly escaping without authorization in exchange for tax and commercial currency.
According to the Ningo-Prwmpram MP, Mr. Rawlings' allegation that the indemnification clauses encouraged certain characters to abuse their functions and make profits themselves could not be accurate because, under the Fourth Republic, many public officials were prosecuted.
He cited the recent case of former MP for Paga-Chiana, Abuga Pele and former president, John Dramani Mahama, as examples of government officials who were the subject of lawsuits even during their tenure.
With such evidence under the 1992 Constitution, Sam George stated that Mr. Rawlings had failed about it and was merely concealing his ideas from Ayariga, who had raised the issue of immunity when it came to the case. he had been summoned to court to face charges while he was in Parliament. the people of Central Bawku.
Bobby Benson, a private legal practitioner, said the previous president's appeals might have been motivated by the fact that he does not understand the law since he's not a lawyer.
According to him, if Mr. Rawlings had read the indemnification clauses and understood their meaning, his comments would have been avoided.
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