Where are we? Dennis Adjei-Brenyah Esq.

I have just finished reading a piece on Ghana web titled: “Fraud at Tema Port; Ghana loses $100.00 monthly.” I am shaking. Not entirely shocked, but still just shaking. I am trying to calm down and reflect on this and many sad indications of the horrifying fearsome nature of the monster of corruption. What do we do? We cannot surrender the fight; right? Do we have the means to face and defeat this cancerous evil? Are we really ready?

For once, I do not know where to begin. Let me go back just a bit. Sometime ago, I did a piece titled: :”The Ghosts are Dancing in Our Embassies” when it was revealed by the Auditor General that millions – yes- millions of our much needed money was “paid” to non-existing employees in our embassies abroad.

Nobody was held to account for the proven fraud in our public finances- a feature of our public service. From practically every facet of our public lives, including areas that should be immunized from this cancer such as the courtroom, our people suffer the indignity of abuse by reason of corruption. Why do we accept this as “normal”?

In “Missing Files, Missing ideas, Missing Leadership and Missing Money” (See Ghana web March 2012) I reviewed one of the more perverse and brazen acts of corruption in the now infamous Woyome “money-for-nothing” episode. I argued that the unarmed robbery must be challenged. Thank God some principled in-the-know somebody did just that. Now, thanks to Amidu, the Supreme Court has given us some hope in this fight. People in public service have a developed a culture that they must be “paid” by the people; they must be bribed before they perform the duties they were hired to do. They are doing us a favor by doing their jobs. It gets even sadder. It seems like only yesterday when former President Mills went to the premises of the staff offices of the Administration of Customs and excuse and openly “angrily” attacked them- on this precise issue: The corrosive endemic nature of corruption at that place. Nothing changed; People are saying the “problem” is worse! By a sheer twist of nature this same former President (May he rest in peace) fired the then Attorney General (Amidu) of his own party, for daring to openly expose and challenge corruption. Who is smiling now?

According to the report, “Rot, complicity and systematic corruption at the Tema Port alone is said to cost the nation 100 million dollars in tax revenue every month.” The persons behind the “uncovering” of this “rot” then claim that “two retired service officials whose name(s) are being withheld, are at the centre of the practice to rob the nation.” The report goes on to say that the organization that carried out this investigation has “exclusive documentations” and “videos of the two ex-service men conniving with port officials to “falsify documentation” as well as help importers, to bypass the system, between 2012 and 2013.

So, if we go by its word, this organization should be able to help us in this fight. The rest must be a “routine” police investigation. Somebody in the security apparatus of our county should invite the leadership of the organization that “uncovered” the open rot; estimated to be $100 million dollars a month: no small change – even for a developed nation – not to mention a country that is unable to supply continuous electric power to its people for 8 hours or so. If the allegations stated by this organization are correct, the “retired” officials, now presumably “enjoying” the fruits of their “service” to our nation (as described) should be speedily charged, and prosecuted; and on the evidence, incarcerated in the “big house”, where they belong. And their “pensions” forfeited to the people of Ghana.

As long as they can get away with it, they will get away with it. We have a charge to keep; a nation to develop. So why protect them! What is the fear? Whether we lose $100.00 or $100 million to corruption, we have a duty to confront and defeat this evil. In the wake of the Supreme Court decision on the Waterville holdings, we must have hope that for every Woyome and his perverted associates in the political arena and elsewhere willing to betray our country, there maybe one or more Martin Amidus ready to fight on. The ISOFOTON decision ( also from the SC just came out) From this legal viewpoint, it is even more interesting. The presiding judge should have known – elementary law of jurisdiction – that he had no power to hear the case. He did anyway, almost assured that no one would notice – much less challenge him. Then the likes of Ablakwa Okudzeto started hounding the then A-G MARTIN AMIDU to pay up quickly. Now, our Supreme Court is telling us that Justice Ernest Obimpeh had no jurisdiction to hear the case to begin with.

It seems to me that the judge who presided over this whole scheme to defraud our nation should, at the barest minimum, RESIGN immediately from the Bench, be arrested and disciplined for wanton incompetency, or worse, brazen disregard of the Rules of Practice, kicked out of any government housing he may be occupying now. His license to practice law must be suspended for some time. The same applies to the WOYOME judge. So far, he has escaped the necessary review his of appalling work in the great WOYOME heist.

The Supreme Court also referred the lawyers in the matter to the General Legal Counsel. The level of incompetency demonstrated here, if that is what it is, is mind-boggling. I dare say it is not incompetency! Law School must have taught all better than that. So what was it that led a group of well-trained lawyers including government lawyers, to do what they did to us. The courtroom was really used as a cover apparatus to steal us blind; and the sideliners (party functionaries and politicians) retained to press the AG to pay up. It is absolutely important that these people MUST be punished – severely – to give meaning to the gargantuan efforts of one principled general (Martin Amidu) in this monumental onslaught against corruption in our country.

Where are we in this fight? Thanks to the Supreme Court and the principled fight of one lone warrior to save us - from our corrupted system, we are in a good place .There is HOPE in the land. Eternal SHAME on all those officials in government who knowingly facilitated the fraud on our nation. God willing, our nation will prevail.

Dennis Adjei-Brenyah Esq.

New York