“Patriotism means to stand by the country. It does not mean stand by President or party” – Theodore Roosevelt, 26th U. S. President (1901-1909)
IF WE WERE the counsel for Ofori-Atta, sorry Hon. Dr Ken Ofori-Atta, ex-Finance Minister ex-CEO of Data Bank, we would gladly be singing Halleluiah while we go to the bank to cash our fat cheque and praising our stars for a good job well done. Even from the pee-hole of our chambers, we doff our hats to Minka-Premo for all their successes; we know their capabilities when it comes to legal/court matters.
Hon. Ofori-Atta applied to the United States authorities for a change of his immigration status, and according to Justice Kusi-Minkah-Premo, “The (US) Court heard evidence relating to actions taken by Ghana’s Office of the Special Prosecutor (OSP) including the OSP’s earlier decision to declare Mr. (Dr) Ofori-Atta a fugitive from justice at a time when he was reportedly undergoing medical treatment in the United States and while his lawyers were remained in communication with investigators in Ghana”.
Good, for the judicial process and the legal wits displayed. But the web in which Ofori-Atta finds himself is not only about judicial or legal successes. It has political, moral, sociological implications. Some of us who fought tooth and nail to get Akufo Addo elected President in December 2016, have a long story to tell.
When he took the mantle on 7th January, 2017, Akufo Addo swore at his inaugural address “I shall protect the public purse by insisting on value for money in all public transactions. Public service is just that – service and not an avenue for making money. Sure, and that was why he was on the neck of Kwame Peprah, Seclormey, and Tsatsu Tsikata as Attorney General during the Presidency of illustrious Kufuor in the 2000’s.
We believed in his (Akufo Addo’s) words. We even did not grumble when he named Ofori Atta, his cousin, as the Minister of Finance, because we trusted his cousin held the same aspiration as the President, as he said: Ours is to set fair rules, we will provide vision and direction and shine the light down for our entrepreneurs and farmers.”
One of the pillars of our Constitution (1992) is accountability, and Chapter 6 spells this out in Article 41(f): … as a duty to protect and preserve public property and expose and combat misuse and waste of public funds and property”
Thus, a Minister of State, particularly that of Finance, has an onerous duty to be guided in all his outgoings by Chapter 13 of the Constitution (1992), particularly Article 175; “The public funds of Ghana comprising the Consolidated Fund, into which all revenues of the government are lodged; the Contingency Fund, being monies paid into it and voted for particular purposes by Parliament; for financing contingencies, as well as loans …”To reinforce this charge, the Minister of Finance, like other Ministers, Article 78 swear an oath of office. On Tuesday, March 30, 2021, Ofori-Atta took the oath (for second time after the first one in 2017).
Despite repeated demands by the public, and even 88 Members of Parliament from the ruling New Patriotic Party (NPP) resolved to boycott the budget presentation and all Finance business unless Nana Akufo Addo sacked Ken Ofori-Atta and Minister of State Charles Adu Boahen.
What were the reasons for this? The country’s economic downturn; the cedi galloping ($1.00 = GH¢16.50), high prices of goods; despicable conflict of interest: when he goes for a loan, his Data Bank takes a share; and the economic haircut where bonds whose terms were due could not be redeemed—to the extent that the former Chief Justice Sophia Akufo took an active part in a demonstration to demand the payment of their bonds. The MPs did the unthinkable, the unimaginable – speak the truth. Incidentally, Andy Appiah-Kubi, MP for Asante-Akim North, was the leader and spokesperson for the aggrieved NPP MPs.
The Minority in Parliament, naturally, threw in their support for the stand of the aggrieved MPs. In spite of all these agitations, Tintin-Tininti Akufo Addo would not budge. It is alleged that at the Cabinet meeting called purposely on the “sacking” of the Finance Minister, Akufo Addo stated (paraphrased): “You want me to sack the Finance Minister? Where were you when I was campaigning…” Surprised that Ofori-Atta might have pumped a heavy amount of money to finance Akufo Addo’s campaign? And the “Kenkey Party” would flow after returning to Ghana with a foreign loan: loan upon loan.
Afenyo Markin, MP for Effutu, would defend Ofori-Atta: “The problem was world-wide — involving the United Kingdom, U.S.A… where prices of goods were soaring … and, annoyingly, Ofori-Atta would go to Parliament wearing white, and defy whatever criticism anybody had for his poor showing as the Minister of Finance.
If the NPP had won the 2024 election, perhaps the harm Ofori-Atta has done this nation would have been pushed down the carpet, BUT God might have intervened. NPP lost heavily and disgracefully, leading to the birth of a new/old Mahama. The OSP was now emboldened to probe allegations of corruption and abuse of office. … the Domestic Debt Exchange Programme (DDEP) and other financial decisions in his tenure as Finance Minister.
Ofori-Atta fell sick and in spite of Agenda 111 Hospitals, he flew (or fled) to the U.S. There were 78 counts of Corruption and Corruption related offences the OSP had piled up against Ofori-Atta. the Strategic Mobilisation Limited (SML) contract, leading to procurement breaches and improper payments which cost the nation more than GH¢1.4 billion. Ofori-Atta has been placed on the Red Notice and Interpol was alerted.
Arguments arose in Ghana, particularly about the arrest of Ofori-Atta who was recuperating in the U.S. The U.S. Immigration and Customs Enforcement (ICE). Then, Ofori-Atta applied to change his immigration status … which after a long ding-dong battle, the U.S. Immigration Court gave approval for a permanent resident status, and Ghana’s courts want him. Would Ofori-Atta be extradited to Ghana?
Immunity? U.S. law (18 USC) does not grant immunity to a “fugitive” from another country. In simple terms, despite the immigration status (permanent resident permit or Green Card) the courts cannot refuse to grant extradition if a request is made to that effect, and the OSP clarifies the position: “the extradition packet is not before the immigration court and the credibility or otherwise of the criminal charges against Mr Ofori-Atta would be determined by the courts in Ghana, which have jurisdiction to determine his guilt or innocence. Further, Mr Ofori-Atta remains a citizen of Ghana and he is still amenable to being extradited to Ghana if so decided by the extradition court in the U.S.”
The problem shifts back to Ghanaians, particularly NPP members and the ex-President, Nana Addo. Why should Ofori-Atta “run away” from accountability? Why can’t the ex-President simply phone him and advise him to come and explain issues, if he knows he is as clean and as white as his clothes?
Please, please, do not do “equalisation”. Do not bring any NDC person into this equation. NPP as a party had a “social contract” with Ghanaian voters. Ofori-Atta needs to explain to Ghanaians how he managed Ghana’s finances. Was he prudent? Did he demonstrate financial discipline? And at the end of it all, if he has to do “mea culpa”, so be it.
If NPP should break, everyone knows whose head it would break on. The days when people would proudly claim: “Yɛwoo me too UP mu” (I was born into UP tradition) and people would vote for “whoever” is representing the party are over. Call it what you will, now people are “discerning”.
For more news, join The Chronicle Newspaper channel on WhatsApp: https://whatsapp.com/channel/0029VbBSs55E50UqNPvSOm2z
