“The wheels of justice grind slowly but will eventually get to the destination. No one is above the law” – President Atta Mills

President John Evans Atta Mills has on many occasions, emphasized that his National Democratic Congress (NDC) government will NOT shield anyone in the process of determining one’s guilt or otherwise in the courts of law on any issue.

It is against this background that analysts believe his NDC government will exercise the option of prosecuting the Chairman of the Ghana@50 Planning Committee, Mr Kwadwo Mpiani and the Chief Executive Officer (CEO) of the Ghana@50 Secretariat, Dr Charles Wereko-Brobby.

The report submitted by the Ghana@50 Commission of Inquiry, states in part (on page 17) that the “Government has the option of prosecuting the CEO and the chairman under section 179(3) of the Criminal Offences Act, 1960 (Act 29) for causing loss to the State.” The Commission, which was chaired by a Justice of the Court of Appeal, Justice Isaac Duose, had Mrs. Marietta Brew Appiah-Opong (a private legal practitioner) and a former Auditor-General, Mr Osei Tutu Prempeh, as members.

Giving reasons for its recommendation of the two to be prosecuted, the Commission stated in part, “the decision to exceed the approved budget was willful. By this willful conduct, government has incurred serious loss. Government’s expenditure for the celebration has further ballooned by reason of the fact that government has to pay over two years of interest on all the outstanding debts in the sum of GH12,598.19 due and owed to contractors/suppliers/consultants and has had to pay interest in the sum of GH¢3,082,955.20 on the unauthorised loans procured form Prudential Bank.”

Another reason for that recommendation was that “the decision to circumvent Parliament with regard to the SSNIT/AUDCL loan was willful. The AUDCL/SSNIT loan is escalating. It is unlikely that there will be any residue from the sale of the remaining 15 mansions after the SSNIT loan has been settled form the proceeds. Government may be unable to recover the value of the 30 plots of land at La Wireless/Cantonments (US$2,250,000), its full investment in the project (GH¢983,716.80) and the cost of furnishing in the sum of (GH¢5,604,153.40, confirmed from records obtained from the CAGD).

The Commission, which took evidence from representatives of over 230 organisations, also gave another reason why the two could not be held liable: “the agreement between UAML and the Secretariat failed to make provision for the recovery of the first year’s rent payment of US$360,000 and has to pay an outstanding rent of US$150,000 to Largus Fort Hotel. The total loss will be US$510,000. Further and or in the alternative government has the option to recover this sum jointly and severally from the CEO, the chairman and UAML or its Managing Directors, Sandy Osei Agyeman.”