The National Democratic Congress's (NDC) Government which set up an Inter-Ministerial Review Committee to examine and review the Vodafone Sales and Purchase Agreement (SPA) concluded with the previous Government and to make appropriate recommendations for consideration is now distancing itself from the recommendations.
The Review Committee has since submitted its report to the Ministry of Communications, which has forwarded the report to the Attorney-General and Minister for Justice for a legal opinion and advice.
A statement signed by the Communication’s Minister, Haruna Iddrisu says “Government is of the opinion that the Committee overstepped its remit in expressing an opinion on the constitutionality or otherwise of the transaction.” The Committee recommended that the whole transaction of the sale was 'unconstitutional and illegal' hence non and void. He was referring to portions of the report allegedly leaked to the media. Sections of the media had earlier ironically accused him of being behind the leakage.
It added that the neither the Executive nor Ministry of Communications has the powers to make such a pronouncement especially since there is a matter pending before the Supreme Court on the same subject.
The statement indicated the Government’s commitment to uphold the rule of law and respect the separation of powers principle under the 1992 Constitution since such a declaration or pronouncement on the constitutionality of International Agreements is the exclusive preserve of the Supreme Court of Ghana.
The Government, according to Haruna Iddrisu will formally state its official position on the Review Report within a fortnight and make relevant aspects of the report public after a careful examination of the Review Report and receipt of the advice of the Attorney-General and Minister for Justice.
The Committee was set up in pursuant of a promise made in August 2008 by Professor JEA Mills to reverse the sale of the telecommunications network. In statement carried by the Ghana News Agency on August 11, 2008 and signed by Mr. Koku Anyidoho, Head of Communications of the Mills Campaign, Professor Mills in no uncertain terms vowed to reverse the transaction so some people are of the view that the Committee's report is nothing strange as it is in line with his campaign promise. "Professor Atta Mills wishes to put it on record that, if the NPP muscles its way through and sells-off GT under terms that don't sit well with the norms of openness and transparency, as President, he shall ensure that the sale is reversed and persons found culpable of short-changing Ghanaians, shall face the full rigours of the law", the statement warned.
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