Samson’s Take: Punish the criminal ‘vigilante’ takeovers
Ghana has a law called the Presidential (Transition) Act, 2012 (Act 845). It was passed to regulate the political transfer of power after an election.
This became necessary because party foot-soldiers, in fact, so-called big men in the NDC and NPP appear to lose their sense of civility and patience to follow the law even to take over management of public toilets and tollbooths.
It is also the case that some political appointees, thieves, provoke the party thugs, wrongly labelled as vigilante groups. There have been allegations of destruction of documents and concealment of all sorts of things to cover up wrongdoing.
Yes, even high-rank officials faced unusual accusations of stealing fittings including carpets, and the famous and politically connected caught allegedly changing the identity of an expensive state vehicle in a garage in order to keep it.
In 2017, the NPP-affiliated Delta and Invisible forces besieged offices and openly terrorised their victims. They even attacked a court to free their members standing trial but were treated with kid gloves for felonies.
The rampaging foot-soldiers invaded and locked up offices at the Tema Port and in other regions. The NDC thugs are visiting same places today. We were told to shut up when we condemned the criminal conduct.
Party Chairman, a trained lawyer who had risen to become a Deputy Speaker of Parliament while an MP joined rather reckless leaders and members in defending the thuggery. “They are defending state property” – we were told by Freddy Blay.
One other chairman of the party, Kwame Baffoe – alias Abronye led a team to seize cars on official instructions from the Jubilee House.
The NDC whose officials suffered the indignities are today encouraging and sponsoring the same wrong.
The party thugs are all over the place and in some cases led by a party chairman, Joseph Yamin, to disrupt and imperil legitimate and official gold transactions.
They are locking up offices and official residences. In the Oti Region, they mistook three Catholic priests, (missionaries from India) for thieving public officers and beat them mercilessly on completely false allegations.
It is surprising these people who were later led by party officials to apologise have not been arrested to stand trial.
These thugs do not have to bear names like the Azorka Boys or Delta Force (supposedly disbanded) before they can be dealt with by the State.
It is not only group conduct in vigilantism that is criminal in Ghana, their very acts are proscribed by the Vigilantism Act, 2019.
Threat of harm, threat of death, assault, trespass and damage to property are all arrestable offences in Ghana. So, why are the police looking on and acting helpless despite complaints by NPP officials?
President John Mahama has issued a general condemnation of these acts, but that’s not enough. Sir, call the Yamins, the Basintales and their boys by name and it might bring the results we seek – an end to the impunity.
In 2017, I was the lawyer for Kofi Adams when they unlawfully invaded the privacy of his home and drove away his cars without basis. I have represented YEA staff employed under NPP who got sacked when the NDC took over.
I have also represented YEA staff employed under NDC who were sacked when the NPP came into office. I have done the same for high-rank officers upon change in government. Just when will the silly circus end?
By section 14 of the transition law, the following appointees lose their jobs upon a change in government:
- The persons holding office under the Presidential Office Act, 1993 (Act 463)
- Ministers and Deputy Ministers of State.
- Regional and Deputy Regional Ministers of State.
- Special Assistants, Special Aides to the President, to the Vice-President and to the Ministers of State, Deputy Ministers, Regional Ministers and Deputy Regional Ministers
- Non-career Ambassadors and High Commissioners.
- Persons appointed by the President or a Minister of State as members of Statutory Boards and Corporations.
But in January 2017, Godwin Edudzi Tamekloe led his friend Theophilus Donkor to the Supreme Court and got the court to give a narrow reprieve for heads of public corporations, statutory boards and authorities – that is, they can only be removed in accordance with the terms of their contracts and law, specifically articles 195 and 191.
In Part II, next week, I will speak about how to effect responsible and lawful citizens’ arrest of suspected looters of state property and wrongdoers during such transitions.
I shall also stress the need to resource the office of the Administrator-General and Estate Unit as part of effective measures to end the recurring violent takeovers.
And that is My Take.
Samson Lardy ANYENINI
January 11, 2025