Thursday, March 1

From Shadow Veep, Gargantuan Crimes to Citizen Vigilante: Amidu explodes again

You can force a horse to the stream but you cannot force a horse to drink. The proverb's application in real life situations is immense, complex and gargantuan. The background to this proverb evidently is that horses are so used to drinking from their troughs that they will refuse to drink from a stream or lake and die before trusting the source.That implies reasonable and normal thinking persons will always be able to make the right and meaningful judgement when the situation calls for by relying on both their knowledge and experience. That is, you can lead a horse (or a person) to the water (circumstance) but you may not be able to determine beforehand exactly its reaction or response to the stimuli and that saying has two meanings. One, the primary use, is directed at "stupid people" who won't take common sense advise, and second, if water (situation) is fowled, a horse (a person) would know it and would not drink it (fall into the trap unless the person is already morally corrupt).  The appropriateness of the quoted saying to my issue at stake is the thought that 'you can give person information, but you can't make them THINK'.
President John Evans Fiifi Atta Mills might have succeeded in forcing his Attorney General and Minister of Justice Martin A. K. Amidu out but if he thought he could cowed himself into submission or to fall in line with the widely perceived NDC government's attempt to cover up the Alfred Agbesi Woyome Cash dole-out scandal, he should be revising his notes by now. Yes it is said he forced himself to be pushed out of NDC cabinet and now he is a free a man without portfolio. Indeed if the President thought he was by that singular act he could silence his former running mate, the President needs to rethink his position. In early 2001, he caused a storm on the political scene in Ghana when he issued a letter in which he described himself as the Shadow Vice President of Ghana. Again in January 2012, he issued another statement in which he claimed that a colleague cabinet minister was orchestrating hatred against in an attempt to conceal Gargantuan Crimes against the people of Ghana. This gargantuan crimes claim cost him his position in government as Minister of Justice and Attorney-General as president Mills axed him from his cabinet for what he termed as misconduct. Then on March 1, 2012, he came again with another phrase; Citizen Vigilante in a gargantuan press release as a concerned tax payer and citizen.. By this token, I have the singular honour and privilege to confer on Mr. Martin Amidu as the official repository of Brufuyeduru. 
Below is an unedited full version of the Citizen Vigilante statement from Mr. Martin Amidu:

On 16th January 2012 I led the most senior lawyers of the Civil Division of the Attorney-General’s Office, of which I was then the Attorney-General, to the High Court (Commercial Division) Accra to seek an adjournment to enable me argue an application for leave to amend by substituting an amended Writ and Statement of Claim for the Attorney-General’s amended Statement of Claim. The High Court today granted the pursuant leave to amend the amended Writ and Statement of Claim and fixed 26th March 2012 for continuation. I have, however, been very disappointed by the level of legal representation of the Republic in Court.

In preparing the application for the amendment by substitution which was just granted, I had discussed issues of strategy with the Solicitor-General, two Chief State Attorneys, and the Senior State Attorney who had been handling this case with Mr. Samuel Nerquaye-Tetteh, the Chief State Attorney responsible for the case. We were to apply to join two foreign registered companies who were the principals of Alfred Agbesi Woyome who themselves had no subsisting and enforceable contract with the Government of Ghana under the Constitution and laws of Ghana. Time is of the essence now otherwise the Republic would be perceived as unnecessarily delaying the case.

It is very important for the Republic of Ghana that these foreign parties are joined to the action now so that the Constitutional and contractual basis of the whole transaction with Alfred Agbesi Woyome and his alleged principals would be settled once and for all. How could Alfred Agbesi Woyome, for instance, as an agent be paid money pursuant to a transaction with his principals who are foreign companies without Parliamentary approval as required under Article 181(5) of the Constitution? Indeed, the Alfred Agbesi Woyome and Austro Invest are fighting over the share of the GH¢51 million in another High Court. I had directed the Civil Division to join in contesting that action by raising Article 181(5) of the Constitution before I was relieved of my position. I do not know whether this has been done. The Republic could retrieve half of the GH¢51 million for the Republic from success in that suit alone.

What the public does not know is that in November 2011 the Solicitor-General, Mrs. Amma Gaisie, supported two memoranda written by the Senior State Attorney, Cecil Adadevoh, and the Chief State Attorney, Mr. Samuel Nerquaye-Tetteh, to me as Attorney-General to authorize the withdrawal of the pending case by the Republic in the Commercial High Court against Alfred Agbesi Woyome to enable the Republic pay a further over GH¢9 million to Alfred Agbesi Woyome in final settlement of interests in the case. I refused and ordered them to continue with the case in court. The Solicitor-General and the Chief State Attorney, Mr. Nerquaye-Tetteh, continued to pursue me by memo to settle the interest as late as December 2011 but I refused.

The Daily Post newspaper and the other NDC newspapers condemned me for refusing to withdraw the case and pay the over GH¢9 million additional interests. See the Daily Post publication of 6th January 2012 calling for my removal from office. In the same publication it published the memorandum of the Senior State Attorney and the Solicitor-General urging me to withdraw the action for settlement of the interest only. Mr. Nerquaye-Tetteh’s memoranda urging me to withdraw the case for settlement was the only ones not leaked to the Daily Post and its allies in the NDC press.

But the Republic of Ghana has an excellent case to have a declaration of nullity against the Writ and processes filed by Alfred Agbesi Woyome against the Republic of Ghana beginning 19th April 2010. The quality and commitment of legal representation for the Republic is very important for the success of the Republic in retrieving this gargantuan money in the face of the continued strong support from a politically immature and ignorant section of interest groups for the Government to overlook the loot. Now is the time for every patriot to stand up and defend probity and accountability by being vigilant. Remember that some of our compatriots died at the firing squad accused of just using their positions to take meager bank loans. GH¢51 million paid without any basis in contract or other legal right should engage the attention of every patriotic citizen to ensure a proper conduct of the case and a refund of the money to the Republic. I believe the Republic of Ghana has an excellent case for a refund! If you share my belief, then, join me as a citizen vigilante in this case.


PS: 
 The Senior State Attorney, Cecil Adadevoh, whom Mr. Martin Amidu mentioned in his latest citizen vigilante statement above is leading the Government legal team prosecuting the case against Alfred Agbesi Woyome. Indeed you can deceive some of the people all of the times, you can deceive all  of the people some of the times but you CANNOT  deceive all of the people all of the time.