In the wake of the ongoing noise over the so-called Ishmael Yamson Committee Report has revealed that the ruling National Democratic Congress (NDC) sued the government of President J. A. Kufuor over ex gratia and facilities due former President Rawlings.

By a Writ of Summons filed at the Registry of Supreme Court on the 4th day of April, 2001, with the Suit No: 9/2001; the NDC sued the Attorney General and sought among others, the following reliefs:

1) A declaration that the former President of the Republic, FIt. Lt. Jerry John Rawlings is entitled to all the facilities available to him as President and such facilities including his military security detail shall not be varied to his disadvantage during his lifetime.

2) An order directed at the Defendant that no such variation in the facilities available to him as President shall be made without his consent during his lifetime.

3) An injunction restraining the Defendant and the government it represents and their agents ... from varying the facilities available to the said former President Jerry John Rawlings during his lifetime by the Constitution."

An Accra-based lawyer, Mr. Kwaku Baah filed the writ on behalf of the NDC whilst Nana Akufo-Addo as Attorney General with Ms, Gloria Akuffo as Deputy Attorney General and one Mrs. Quansah, a Chief State Attorney represented the then government.

By this action as reported at Page 185 of the 2001-2002 Supreme Court of Ghana Law Reports, the NDC, per the Ishmael Yamson Committee Report seeks to ridiculously vary the facilities available to President Kufuor during his life time; though they did not want that to happen to ex-President Rawlings.

The NDC, by this action and the relief sought also wanted an order of the Supreme Court against the Kufuor government to the effect that anytime the Kufuor government sought to change or vary the facilities available to ex-President Rawlings, he ex-President Rawlings ought to be consulted before.

The NDC also sought an injunction to stop the Kufuor government from varying the facilities available to ex-President Rawlings during his lifetime; such that for the rest of his life, ex-President Rawlings will enjoy every facility prescribed for him under the Greenstreet Report.

The NDC however chickened out of this rather interesting case when it failed to comply with an order of the Supreme Court that it should file its legal submissions within seven days from the 19th day of June, 2001.

In the wake of the NDC's failure to file its legal submissions as ordered, the Supreme Court on the 11th day of July, 2002 dismissed the NDC's case for non-compliance with its orders. The Supreme Court panel that dismissed the NDC's case was made up of the late Justice Edward Wiredu, Justice Joyce Bamford Addo, Justice Adjabeng, the late Justice Kingsley Acquah, Justice Sophia Akufo, Justice Lamptey and Justice Adzoe.

The Supreme Court in dismissing the NDC's case for non-compliance with its orders also stated that in the absence of the NDC's legal submissions, it would be speculating if it goes on to hear the case.

Interestingly, the NDC that in 2001 thought that ex-President Rawlings's ex gratia and facilities are a no-go area; has in 2009 taken a position that former President Kufuor's ex gratia and facilities can be varied and has taken a step towards that with the Ishmael Yamson Committee.

Legal experts the paper spoke to on this matter have raised issues about the legal propriety of the establishment of the Ishmael Yamson Committee and whether an administrative body such as that committee can be used to vary what Parliament has done; against the backdrop that our courts do not touch what goes on inside Parliament in the conduct of the latter's business.