YAW DONKOR’S WHINGEING IS KARMA FOR ABUSE OF THE CONSTITUTION
YAW DONKOR’S WHINGEING IS KARMA FOR ABUSE OF THE CONSTITUTION AS A PUBLIC OFFICER
BY MARTIN A. B.K. AMIDU
Reading about the whining of almighty Mr.Yaw Donkor, former Bureau of National Investigations Director and immediate past National Security Co-ordinator, being invited to the police station as a result of a petition accusing him of suspected offences reminded me of the past wisdom of poets and sages about reaping what we sow. Yaw Donkor appears to be oblivious of one of William Shakespeare’s sayings that: “We but teach Bloody instructions, which, being taught, return To plague the inventor....”
It immediately struck me that either Yaw Donkor is not well read and knowledgeable in the affairs of this world and therefore was unfit to occupy the positions Mr. Peter Nanfuri groomed him for, or he answers to the saying in my first Gregg Typing Manual in Tamale Commercial School where I learnt that: “A fool will be a fool whether he goes to school or not.” This may explain why people claiming to be well schooled when oppressing other citizens forget that: “...this even-handed justice Commends the ingredients of our poisoned chalice to our own lips.”
How could somebody like Yaw Donkor who has violated the fundamental human rights and freedoms of several citizens under the 1992 Constitution, including my poor self as his former sector Minister and Attorney General, be whining upon just a simple invitation to clear himself of suspicion of crime?
Has Yaw Donkor who has held himself out as a Security and Intelligence operative soon forgotten that at the dawn of 6th December 2012 my residence was invaded by two operatives of the BNI who searched it brutally and invited me along to his office at the BNI Head office - taking along my laptop, pen drives and mobile phones upon the orders of then President John Dramani Mahama, given to the National Security Co-ordinator and him as the Director of the Bureau of National Investigation? Has he so soon forgotten that my late very sick mother who was then living with me attending hospital went through the ordeal with the rest of the family?
I was detained in the reception of the BNI waiting for Yaw Donkor, the Director whom I eventually never saw, for over four hours and later dropped by car in front of my house without anybody telling me why my residence was searched and why I was arrested. I do not to date know what happened when my laptop, pen drives and phones were taken into the custody of Yaw Donkor’s BNI. I was simply told that Almighty Yaw Donkor, the Director was not likely to return soon and that the National Security Co-ordinator had instructed that I be returned to my residence. I was not shown any search warrant or arrest warrant but I followed their instructions least they had instructions to shoot me and invoke the lie that I had resisted arrest.
Hon. John Ndebugri, then PNDC Secretary for Northern Region, appointed me the Chairman of the Cotton Development Board Committee of Enquiry with Mr. Edward Karbo (now Lawra-Na) and one Agyeman (who later became a professor in Cape Coast University) as members in February 1982. Yaw Donkor was not even then an operative of the PNDC. When I was
appointed PNDC Deputy Secretary for Upper Region in February 1983 Pious Awelinga, who succeeded Yaw Donkor at the BNI, his friend Joshua and others whom I had taught in Bawku Secondary School had just completed secondary school and were regular guests to our Bolgatanga Government residency. Yaw Donkor’s former boss, Mr. Peter Nanfuri (who groomed him in the Special Branch to the BNI) and I competed the Ghana School of Law and were called to the Bar the same day in the late 1970s.
Before Yaw Donkor instructed my unlawful search and arrest, I had served the PNDC and the NDC for almost 21 years as a Minister of State by then, and been an ex-officio Member of Parliament in addition to having been the Vice Presidential Candidate who lost the election in the second round to the NPP in 2000 with Prof. Mills. But a tradition and a Government that I had helped in founding, treated me, through the instrumentality of Yaw Donkor, as though I had no constitutional rights.
Most of the former Ministers and current Members of Parliament speaking loudly today for their exclusion from law enforcement were Members of Parliament and Ministers of State in that Government, but became deaf and dumb when the now disgraced John Mahama, Yaw Donkor and the then National Security Co-ordinator unlawfully searched and arrested me as though the 1992 Constitution had ceased to exist then. As the law of Karma will have it, today they are whining and protesting when the bloody instructions they taught has returned to plague them, the inventors, and this even handed justice commends the ingredients of their poisoned chalice to their own lips.
Yaw Donkor, do you remember how you unlawfully arrested the illiterate Amina Mohammed and persecuted her without just cause? Do you remember what a terror you were who arrogated to yourself the audacity to write and insult my acting Director of Public Prosecution, Cynthia Lamptey? Do you not remember the several workers at the National Security Council Secretariat you unlawfully locked out of office without a hearing when you became National Security Co- ordinator and who have to date not been formally sworn out of office? Do you remember the gentleman whom you locked out of office without swearing him out simply because he was helping your predecessor to lawfully set up Government Communications Headquarters and Cybersecurity departments that could service the Council directly? As Shakespeare again said: “But in these cases We still have judgment here;”
Yaw Donkor, it does not lie in your mouth to be whining when the police bent over backwards to only invite you to the police station. You never gave any of us whose fundamental rights and freedoms you violated without compunction the right to counsel, which you have been lucky to have been given by the police. Karma has caught up with you more mercifully than you allowed us whom you abused with impunity. You should have been ashamed even to protest in the media for the kid gloves with which the police have respectfully treated you. You never allowed me as the former Minister of the Interior with responsibility for Security and Intelligence any modicum of respect when you ordered my search and arrest on 6th December 2012. You are lucky the
bloody instruction you taught returned to plague you the inventor very mildly and respectfully from the police. Your predicament is Karma for abuse of the Constitutional rights of fellow citizen as a public officer during your oppressive service in the Security and Intelligence Services of Ghana. I have no tears for your irk. Stop whining for the respectful treatment from the police when you refused to grant to your fellow citizens similar respect when you had the opportunity to serve our motherland Ghana. Yaw! “But in these cases We still have judgment here;” – Karma!
Martin A. B. K. Amidu
Citizens Vigilance for Justice
The US Supreme Court upheld the constitutionality of the independent counsel provisions of the Ethics in Government Act. 1978 in Morrison v Olson, 487 U.S. 654 (1988) and the Supreme Court of Ghana may be similarly persuaded that the Special Prosecutor who cannot be appointed by the President without being first nominated by the Attorney-General under Act 959 is thereby clothed with prosecutorial authority for the appointed tenure of seven years.
Sycophancy breeds autocracy which slowly erodes democracy and the rule of law, and eventually kills democracy. That is how democracies die! Parliament must, therefore, never be seen to be on the leash by the Executive arm of government in its law making functions under Article 106 of the 1992 Constitution. The Security and Intelligence Agencies Bill 2025 as presently laid before Parliament has failed to comply with the mandatory provisions of Article 106 of the Constitution to be introduced in Parliament, accepted and considered for enactment.
The Chief Justice is the head of the judicial arm of government and I am surprised that the paragraphs numbered 14 and 15 of her supplementary affidavit contain a childlike ingratiating cry, begging and appeals to the emotions of the Court and the general public without any scintilla of supporting facts. It is a patent insult to the citizens exercising their constitutional rights under 146 to petition for the removal of the Chief Justice from office.
The Judiciary is the least dangerous branch and the citizen’s hope for freedom and justice. Consequently, we must channel our efforts to defending Article 146 of the Constitution and produce cogent evidence when we allege it is being subverted by any person or group of persons. In the absence of any concrete evidence of impropriety on the part of the petitioners, the public has a vested interest in knowing the outcome of the removal process begun by the petitions submitted to the President.
With a vote of no confidence in both the President Nana Akufo-Addo/Bawumia government and the Speaker Bagbin-led Parliament on 7 December 2024, We-the-People who have proven our capability to take our destiny into our own hands must remain ever vigilant against further abuses during the balance of the tenure of the President and the 8th Parliament.
The deep polarization and intense emotions generated by the governance of the country under the Akufo-Addo/ Mahamudu Bawumia administration shows that the future stability of the 1992 Constitution is dependent on how free, fair, and transparent the 7 December 2024 elections are seen to have been managed and conducted by all the public institutions entrusted with supervising the elections. The time to defend the 1992 Constitution against election interference is NOW!
Just in four years, Ghanaians are missing you as the most honest Ghanaian leader of integrity under the 1992 Constitution, a hard taskmaster, with a heart of tolerance and magnanimity. We are still looking beyond the horizon and wondering when salvation will come to Ghanaians again under the 1992 Constitution you gave to our homeland Ghana. I salute you Comrade, and assure you that as long as we live on this earth we shall continue to fight, fight, and fight for the egalitarian ideals that underpinned our revolution.
The NDC and the NPP appear to be so invested in their opposing positions and the desire to use the dynamics of gay rights to win political power that they have not stopped to think about the consequences of their actions to the sustenance of constitutionalism, democracy, and the rule of law. The elders in the room who could have sought a compromise appear to have taken sides leading to both sides engaging in a dialogue of the deaf.
I am raising my finger in this rejoinder against the wanton violations of the rights of the people of Ghana in the use of the military by the Government to brutalize the very electorate that brought it into power. We the people are sovereign under the 1992 Constitution and not the Speaker, Parliament, or the executive which if let alone will continue to trample upon our sovereignty with the obnoxious show in Parliament on 13 November 2023. Ghana will rise again!
Comrade Jerry John Rawlings, I salute you and you will continue to live in our hearts amidst the culture of silence in Ghana today. Every day I look beyond the horizon and wonder, when will salvation come to Ghanaians again under the 1992 Constitution you birthed? Say hi to Arikpo (GP. Captain Richard Forjeo (rtd.)), who followed you to eternity at the beginning of 2022. You are deeply missed and most fondly remembered.
It is time to take seriously the warning about the intention of Nana Akufo-Addo to abuse the spirit of the 1992 Constitution so he can achieve an outcome at the 2024 Presidential and Parliamentary Elections favourable to him as an insurance in his retirement. Ghana’s democracy, the rule of law and constitutionalism enshrined in the letter and the spirit of the 1992 Constitution must be defended by all patriotic citizens even if the heavens fall.
I have lived under threats of assassination, armed robbery, and the burning of my house, from this regime since 16 November 2020. The late Victor Newman aborted discussions to assassinate me then. These threats intensify any time I exercise my right to defend the Constitution just as I did on 28 June 2023 and 30 June 2023. There was a covert attack on my residence at dawn on Monday 3 July 2023. President Nana Akufo-Addo, is ultimately responsible for anything violent that befalls me or my residence. I shall not back down from defending the 1992 Constitution. No Ghanaian patriot must be cowed by threats of those violating the Constitution.
The NDC must be congratulated by all patriotic persons who act apolitically in the national interest and believe in defence of the Constitution and in the sustenance of democracy and the rule of law in Ghana. I take the view that Constitutionalism won in the Supreme Court, the Attorney-General failed woefully in weaponizing the administration of criminal justice, while democracy and the rule of law won massively at the Assin North by-elections.
Nana Akufo-Addo would not have abused the spirit of Chapter Seven (7) of the 1992 Constitution on the sanctity of the right to vote and the Electoral Commission if We the People had not in the past five and half years condoned the Government’s several abuses of power and impunity. By failing to act to defend our Constitution, we emboldened him to ignore the views of the majority of citizens and to do as he pleases. But all is not lost. Nature has its own way of dispensing justice to humanity
President Rawlings had only one term left if he won the 1996 election, which the NDC was confident he was going to win whosoever became his running mate. The transition to an NDC Government in the future without Rawlings began with the nomination of Professor Mills as Rawlings’ running mate. The Ahwois hedged their bets as the main pillars behind Professor Mills’ Vice Presidency and his future. Rawlings’ trust in his comrades blinded him from seeing the double agency in the behaviour of the Ahwois. The “Ahwoi Capture” of Professor Mills that will affect and influence the future relationship between President Rawlings and Professor Mills had begun.
The contradictory conduct of the Speaker in his rulings on 25 October 2022 and 10 November 2022 has demonstrated the need for patriotic citizens to remain ever vigilant in a split parliament in which the Speaker exhibits traits of being transactional and arrogates to himself powers and authorities not conferred upon him by the Constitution and/or Standing Orders of Parliament. This conduct of the Speaker underscores the urgency with which patriotic citizens must be ever watchful of every step and pronouncement by the Speaker of Parliament.
Our late Comrade and President Rawlings, the people of this country whom you loved so much and died for have been led into an economic mess, suffering, and poverty which is worse than what led you to risk your life to save this country and give it a viable constitution that has lasted for three decades.
Elected members of parliament are sacrificing the national good of our country for their personal selfishness and partisan interest, contravening the letter and spirit of the 1992 Constitution. Their actions are the sole reason why for some time now, “Everyday things are getting worse” for the economic and social survival of ordinary Ghanaians. The selfish economic and political power motives underpinning the divergent positions and tactics that both sides of the House used to remove two ministers from office demonstrate to Ghanaians that these members of parliament cannot be relied upon to fight for what our citizens need.
Mr. President, in these difficult economic times you have brought upon the nation of Ghana, you cannot lead the resolution, because you are an inherent part of the problem. Our people are suffering under your failed and mismanaged policies and stewardship, and your November 2022 Budget is going to impose further austerity upon Ghanaians. Listen closely to the echoes of history and avoid replaying the discordant notes of past Governments that cost this nation dearly – for as Mark Twain once said: “History never repeats itself, but it does often rhyme”.
President Nana Akufo-Addo has achieved finality in his deceptive long game with his recent national security apparatus appointments. If confirmed, these appointments will be a sign that Akufo-Addo has captured the National Security Secretariat and apparatus towards his electoral agenda for the 2024 parliamentary and presidential elections. While appearing to follow the letter of the law in making appointments to public office, the President’s long game substantively breaches the Constitution’s fundamental spirit of integrity, transparency, accountability, and merit – resulting in the actualization of a calculated and deliberate intention to undermine the 2024 electoral process. Ghana must always be put first.
This article is dedicated to the ideals of the June 4 and 31st December Revolutions, and the 1992 Constitution that sought to preserve the natural resources of Ghana for the public benefit of its Chiefs and People.
The 1992 Constitution enjoins the President and the Government of Ghana to practice good governance based on “Freedom, Justice, Probity and Accountability” and to avoid infringing on the rights and freedoms guaranteed the individual citizen under the Constitution. The disclosure of half-truths by the President to do wrong to any citizen or person living under the protection of the 1992 Constitution of Ghana for performing his professional duty in reporting on a statutory matter such as the Agyapa Royalties Transactions is inconsistent with and contravenes the Presidential Oath of office contained in the Second Schedule of the Constitution. The sovereign…
I will always put Ghana First before Party as demanded by the 1992 Constitution. Indeed, the NDC Constitution itself recognizes that it is inferior to the 1992 Constitution. It does not abolish the right of NDC members to exercise their supreme rights as citizens of Ghana to defend the 1992 Constitution against acts of NDC members and Government and even against the NDC Constitution itself when it is inconsistent with and in contravention of the said national Constitution. The Woyome/Waterville case underpins all my actions in the Supreme Court and writings since 2012 and I do so in defence of the Constitution and laws of Ghana which are superior to the NDC Constitution. I will rather defend the 1992 Constitution than be intimidated by John Mahama, Woyome, and their surrogates’ unconstitutional petitions.
My response at my approval public hearing that some of my articles are based on my perceptions and opinions does not mean that they were not based on fact or reality. Those learned in research methods and intelligence know that my answers were intended for the protection of my sources and collection methods giving rise to the conclusions I arrived at in my several articles on corruption and abuse of power for private gain. The parting thoughts in this article are in recognition of the fact that as a quasi-judicial officer, after my appointment I will have to behave as a justice of the superior court will do and will henceforth be unable to answer to several unfounded criticisms.
Any time I have raised issues concerning or relating to the unconstitutional actions or conduct (particularly about corruption and abuse of power) of the Mills/Mahama Government and the John Dramani Mahama Government, the result is a tedious repetition of the same sterile cowardly attacks on my person and multiple attempts at character assassination. The real question is whether it is the conduct of Martin Amidu that has exposed the Party? Or is it the NDC itself acting through the NEC on behalf of the Congress and some members of the NEC in their personal and official capacities that has “exposed the Party to public hatred, ridicule and opprobrium and lowered its reputation in Ghana and elsewhere”? The John Mahama surrogates or faction in the NDC ought to be warned that their modus operandi of personal attacks will not lead to reasoned dialogue, but may push me to invoke my right pursuant to Article 2 and 130 of the Constitution so that the Supreme Court may settle once and for all whether or not under Article 55 of the Constitution a political party can gag a citizen from defending, and upholding the Constitution demonstrated with a Supreme Court judgment simply because he is perceived to be a member of that political party.
Yaw Donkor, it does not lie in your mouth to be whining when the police bent over backwards to only invite you to the police station. Do you remember any of those people whose fundamental rights and freedoms you violated without compunction the right to counsel, yet which you are lucky to have been given by the police? Your predicament is Karma for abuse of the Constitutional rights of fellow citizens as a public officer during your oppressive service in the Security and Intelligence services of Ghana. Stop whining for the respectful treatment from the police when you refused to grant to your fellow citizens similar respect when you had the opportunity to serve our motherland Ghana.
The reputation and dignity of the Speaker of Parliament has deliberately been brought into serious inexcusable opprobrium and disrepute both in and outside Parliament by those indecorous Members of Parliament who rioted, banged desks, wagged their figures at the Speaker and granted interviews to the media to bring the high office of the Speaker into disrepute and contempt before reasonable members of the public. We elected the 275 Members of Parliament to show exemplary conduct to the nation in discharging their functions on our behalf in Parliament. Consequently, those who are calling for mere apologies to assuage the deliberate contempt are not helping to uphold the Constitutional order. The reputation, dignity and honour of the office of Speaker (bi-partisanly elected) must not be allowed to be used for partisan, cheap and uncouth posturing in any way.
Ghanaians have demanded and expect that the mandate of the 7th Parliament will be consistent with the letter and spirit of the 1992 Constitution; and the promises by the President to protect the national purse and be impartial in the governance of our dear country. The evidence of criminal and unconstitutional conduct in the whole body polity is overwhelming, but unconstitutional attempts are being made through influential chiefs and elders to let bygones be bygones. This is contrary to the demands of the Constitution for accountability, transparency and fairness in governance. May the 7th Parliament and the President remember that even walls have ears and we hear the attempts at trying to compromise the President’s anti-corruption agenda in the name of reconciliation. The President’s anti-corruption drive will be still-born with such compromises and reconciliations. May Ghanaians at the end of this 7th Parliament’s tenure be proud that it has helped to restore the underlying principles and values that Ghanaians gave to themselves the Fourth Republican Constitution, 1992.
The results of the just ended Presidential and General Elections showed that Ghanaians have voted against the propaganda use of the state-owned media by ignoring all those false and fake news stories published about opponents of the incumbent Government, contrary to the requirements of the Constitution for fair reporting by the state-owned media. The state-owned media cannot continue in the old style of being a ruling Government or party media as opposed to a public media paid for by the tax payer to give citizens impartial reporting of news. It is time that the state-owned media took seriously the independence and freedoms guaranteed them under the Constitution and moved away from self-imposed controls or censorship to please the Government of the day. Corruption takes many forms. Misreporting or skewing reports in consideration of any benefits whatsoever or promotion from the Government is corruption of the media. Let 7th December 2016 be the harbinger of the actualization of a just, fair, transparent and accountable state-owned media reporting under the 1992 Constitution.
I examine and analyze the memorandum to or accompanying the Bill to see whether or not it complies with Article 106 (2) of the Constitution to warrant its introduction in Parliament and conclude that it does not. I proceed to examine and analyze selected provisions of the Bill and adduce reasons why they may be unconstitutional, inconsistent with existing law, or need to be harmonized with the existing law to achieve the objects of Article 106(2) of the Constitution in addressing defects in the existing law and providing remedies to those defects in the Bill. I conclude with the conviction that the civil liberties of Ghanaians may require that the Bill be withdrawn to enable it meet the constitutional precondition for it to be properly introduced in Parliament.