Law of Causing Financial Loss

“Get Rid of this Divisive Cancer”

The sentencing of Tsatsu Tsikata to five years imprisonment for willfully causing financial loss to the sate and misapplying public property must be a wake up call to our leaders.

There is no doubt in my mind, and here I want to be absolutely clear, precise and categorical (leaving no room for any ifs or buts). In my humble opinion the “law of causing financial loss to the state is a bad law and the earlier Parliament gets rid of it the better for us all.

Most of us do not doubt the sincerity and the reasoning behind the inception and enacting Of the law. Like many ordinary Ghanaians I rejoiced when this law was passed, I thought, hey, politicians and public servants would no more engage in any frivolous or corrupt deals. This law would put the “fear of the Lord” into our leaders and serve as a deterrent to corrupt Government officials. Folks, like any other legislative document the intention are always good but the devil is in the details, interpretation and implementation. As the saying goes “the road to hell is paved with gold”.

I am pretty sure the legislators had no idea what they were going in for. I can bet my last cedi that the law makers never thought the law of causing financial loss to the State would be used to punish honest and risk taking high flying Chief Executives or be seen as bi-partisan.

In the specific case of Tsatsu Tsikata, all that one can say is: he had a fair trial under our laws and was sentenced by a properly constituted Court of Law. Whether the Court of Appeal will uphold the decision of the High Court or let Tsatsu Tsikata off the hook, we must all wait till next week. On a personal level, I pray that Tsatsu wins his appeal.

Behaviour of Professor Mills and John Mahama

Despite my misgivings and grave concerns with the specific law used to sentence Tsatsu, the act is still a legal instrument of the fifth republic and anyone seeking to inherit the high office of President/Vice must respect all the laws of the country not some of the laws.

All candidates seeking to lead us must not act or behave in any manner that may be perceived or construed as damaging to the independence of the judiciary. Let me be clear about my stance. I can and will exist peacefully and enjoy my rights as a Ghanaian citizen if NDC/CPP/NPP wins the forthcoming elections.

I sincerely hope and pray that a Mills/Mahama administration would continue to uphold the laws of the land and ensure that all Ghanaian are equal under the law. There need to do a lot of convincing as they have a lot of unanswered “legal baggage” on their shoulders. However, no one doubts that Mills/Mahama are decent, fine and gracious men. But in this particular instance they made a tactical mistake as the case in question was not a political trial. It was a shame that the top brass of the NDC decided to turn it into a political charade. Our readers need reminding that Tsatsu was tried as the Chief Executive Officer of GNPC who made decisions as the CEO of GNPC not the CEO of NDC. The fact that he was appointed by the NDC and is a senior member of the NDC is neither here nor there.

For example, no one and I mean no one saw any top NPP brass at the trial of Anane. What would have been the verdict of the Ghanaian populace had President Kufuor turned up at the trial of Anane? Tsatsu has appealed against the decision of the trial judge and let us await the verdict of the Supreme Court.

Prof Mills and John Mahama are fully aware that the law of causing financial loss is on the statute books of the Republic of Ghana and therefore it is their paramount duty to respect and uphold that law. It is possible that one day Mills/Mahama may wear the crown, they must lead by example. There are many laws which we all hate and detest but we tend to abide and obey them.

For example, I utterly detest the bye-laws which require commercial owners of properties in Ghana to pay huge sums of taxes to useless Municipal Assemblies masquerading as “concert law makers”. However, my companies have to pay the taxes or we will be closed down. Prof and John please rise above politics and let the law take its course.

Appeal to President Kufuor

Now, I want to make a special appeal to President Kufuor.

Prez, I am fully aware of your total respect for the laws of the land and your absolute desire to leave a legacy in which the Ghanaian Judiciary is seen as one of the finest in the sub-continent. I do understand the reasoning behind the enacting of the law of causing financial loss to the State. The law has many good points and in some instances act as a deterrent to wayward public officials.

However, its impact is harmful to the body politic of our society and may discourage young intelligent people from entering politics or public service. There are times when leaders have to take risks- it may be political, financial or military risks. This law inhibits creativity, innovation and bars risk-takers from entering public life. Prez, I hope and pray that this draconian law would be repealed by Parliament

However if Parliament decides not to change, amend or remove this draconian law from the statue book, use your Presidential influence to get this cancerous law of our statue books. The earlier we get rid of this ‘all – embracing” law the better it is for the unity of our country.

Views expressed by the author(s) do not necessarily reflect those of GhanaHomePage.