Celebration of the December 31 Treason at the Flagstaff House – The Public Officers involved must be Held Accountable

1. Our attention has been drawn to the events held at the Flagstaff House on December 31, 2010 by the National Democratic Council (NDC), some ministers of state and some serving members of the security services to commemorate and celebrate the coup d’état of December 31, 1981.

2. The Flagstaff House is the seat of government and the official residence of the President of Ghana. It is a symbol of the Presidency, the government of Ghana, and the people of Ghana. It also encapsulates the struggles that we have endured against colonialism and dictatorship.

3. The President of Ghana, Dr. John Evans Atta Mills is the Chief Law Enforcement Officer and has sworn an oath to uphold, preserve, protect and defend the Constitution of the Republic of Ghana at all times.
4. The NDC is a political party as defined by Article 55 of the Constitution. The NDC enjoys State funding, including “being given time and space on the state owned media to present its programmes to the people.”
5. Sherry Aryittey is the Minister of Science and Technology; Zita Okaikoi is the Minister of Tourism; Mr. Fiifi Kwetey is the deputy minister of Finance, Hon. Afottey Agbo and Nii Lantey Vanderpuiye are Presidential Aides.
6. The persons mentioned in 5. have sworn an oath to uphold, preserve, protect and defend the Constitution of the Republic of Ghana at all times.
7. Under the 1979 Constitution, as readopted by the 1992 Constitution, “Any person who by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates the Constitution or any part of it commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.”
8. The December 31, 1981 coup d’état was an illegal, criminal enterprise hatched by Mr. John Jerry Rawlings and his men. In so doing, they committed the offence of high treason.
9. The Supreme Court of Ghana has recognized the events of 12/31/1981 as an abomination and a deep stain on the consciousness of the Country. Accordingly, in NPP v. Republic (the December 31 case), the Supreme Court held that it was unconstitutional for the State to declare that day as a statutory holiday.
10. It follows that the State and the various Constitutional organs cannot, under the Constitution, engage in any activities designed to commemorate or celebrate this abominable event and high treason.
11. Nor can the State or the Constitutional organs allow the resources and facilities of the state to be used for any such commemoration or celebration.
12. The orders and directives from the NPP v. Republic case are addressed to the President of Ghana, who is the Chief Law enforcement Officer of the country.
13. Under Article 2 (3) of the Constitution, “Any person or group of persons of whom an order or direction is addressed by the Supreme Court, shall duly obey and carry out the terms of the order or direction.
14. Under Article 2 (4) of the Constitution, “Failure to obey or carry out the terms of an order or direction made or given by the Supreme Court constitutes a high crime and shall, in the case of the President or the Vice-President, constitute a ground for removal from office under the Constitution.”
15. The President has failed to enforce the orders and directives issued by the Supreme Court in the NPP v. Republic (December 31 case).
16. The President has intentionally, willfully, purposefully, or negligently allowed the “treason celebrants” access to the Flagstaff House to be used for their illegal celebrations.
17. The President has willfully violated his oath of office, which requires him to uphold the Constitution at all times.
18. The NDC has violated the orders and directives issued by the Supreme Court in the NPP v. Republic (December 31 case).
19. Sherry Aryittey, Zita Okaikoi, Mr. Fiifi Kwetey, Hon. Afottey Agbo, and Nii Lantey Vanderpuiye have violated their oath of office, which requires them to uphold the Constitution at all times.
20. Wherefore we call on Parliament to discharge its functions under Article 69.