Ghana’s Constitution Review Commission Hearing In London, UK

By Georgette Dede Djaba LLM

Friday, 8 April 2011

The Hearing was attended by over 300 Ghanaians resident in London and other parts of the United Kingdom. It was a robust and lively meeting. Delegates referred to the dual citizenship issues, right to vote, gender, repeal of the indemnity clause and decentralisation of Local Government.

Mr. Ade Sawyerr of Equinox Consulting vociferously submitted that the Indemnity Clause should be repealed. In his opinion, he reiterated several times, that "All coups are illegal."

Another gentleman stated that coup makers should not be glorified. He was extremely horrified that we had named Kotoka International Airport and called for the urgent renaming. He said the CIA paid £5 million to the coup makers in 1966. He sounded like a true CPP man!!

Mr. Eugene Antwi, seated right at the back, a former resident of London, who has relocated to the constituency of Subin in Kumasi, Ashanti Region caused extreme chaos and a scene and was nearly ejected by security. He was spoiling for a verbal and almost fist-fight/altercation with Ade Sawyerr, a CPP activist who talked about Nana Addo's recent "ALL DIE BE DIE" statement. It was disgraceful!!! The Commissioners tried their best to restore peace and calm to the proceedings and threatened to eject any person or persons causing commotion.

My colleague, Barrister-at-law, David Owusu-Yianoma (NPP UK)made an excellent submission on citizens by birth, citizens by registration and citizens by descent, much to the delight of the delegates.

My oral submission was as follows:

My name is Georgette Djaba, Solicitor of the Supreme Court of England and Wales. Mr. Chairman, Ladies and gentlemen,

Re: Right to Vote - Article 42 (as amended) (page 39 of the Constitution)

It is my humble submission that all Ghanaians resident in the Diaspora, many of dual citizenship contribute billions of Dollars, Pounds Sterling and Euros towards the Ghanaian economy, build mansions and set up businesses each year. Surely, the time has come for us to be allowed to vote and to become Members of Parliament. You may ask "Why?"

Recently, we all witnessed Danny Welbeck (a British-Ghanaian) playing soccer at the Wembley Stadium for the 3 Lions of England against Ghana. [He had the option of playing for Ghana and chose to play for England. He was booed by the Ghanaian supporters on the pitch].

If you wish to nurture the talent of the future and not exclude our skills, then please allow us to vote at the next election in 2012.

Submission No. 2

Page 191 - Transitional Provisions Articles 34(1), (2), (3), (4), (5) 35(1), (2) & Article 37 should be repealed in its entirety.

Many here today have already made submissions about this which I need not repeat. Some have questioned our Loyalty. Ghanaians in the Diaspora are the most loyal to our nation and this is demonstrated daily on our community radio stations in the Diaspora. [National issues are dear to our hearts and we debate vociferously, reading voraciously and contributing towards the democracy and freedom of speech, ideas to move the country forward]

Submission No. 3

Amendment of the Constitution Article 290(4) should be repealed. We do not need a referendum with 40% majority before we repeal/amend the above regarding the Indemnity Clause (Articles 34, 35 and 37) you may ask: "Why?"

According to our constitution, "Everyone has the right to life" - Articles 13(1) & (2). If e.g. a former president has been corrupt or e.g. ordered that others are deprived of life, should he be covered by an indemnity clause, which according to Space Clottey, appears to “have been smuggled into the constitution in the night?”

The indemnity clause is unfair, unjust, unreasonable and illogical and against the principles of natural justice. Space Clottey has submitted that public servants (MPs and the President) must be subject to accountability and probity. In addition, I believe they should also adhere to the rule of law.

The indemnity clause leads to corruption as demonstrated in the Mabey v. Johnson case in September 2009, when Ministers such as Dr. Sipa Yankey, Ambassador Baba Jamal and others were alleged to have accepted bribes, tantamount to corruption in the highest order during the previous NDC Government from 1997 - 2000. I was at the court during the entire hearing. There is still the sum of £1.4 million sitting at Southwark Crown Court which reparation money is waiting to be collected.

I am also aware of some judges in the Court of Appeal who are appointed regardless of whether they are dual citizens or not. I have reason to believe that some of them hide their second passports at interview and present their Ghanaian passports. That is hypocrisy and double standards!! Thank you. Related article: http://www.modernghana.com/news/209842/1/the-benefits-of-dual-citizenship-to-the-socio-econ.html