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Opinions of Monday, 9 August 2010

Columnist: Shamatey, Jacob du-Limit

The Indemnity Clause Must Stay

The indemnity clause (34) as found in the First Schedule of the transitional provisions of the 1992 constitution should not be amended. This is to enhance National Security and development.
The indemnity clause prohibits court actions against all persons involved in the overthrow of the various regimes in 1966, 1972, 1979 and 1981. Now, this very constitution we are using was never imposed on us. It went through a referendum and was endorsed by over 75% of all registered voters who voted. Prior to the referendum, Ghanaians were given ample time to make their inputs into it. Finally, the constitution was adopted.
I have monitored some debates concerning the amendment of the indemnity clause and it was purely made partisan. If we continue this way and care is not taken, the whole amendment process might become partisan and this will greatly undermine the whole process. At the end, we may not even get the required number of votes should we go into a referendum because no political party has a core support base of up to 50% of our total population or of registered voters. This will not eager well for us as a developing nation. The situation where by national issues are politicized is worrying and must be quickly checked if not, Ghana will be doomed.
Many people are giving much attention to the indemnity clause as compared to other important provisions that equally need amendment. Let’s give equal attention to all the provisions and ensure that we don’t amend the Constitution only to find out within few years after the process that we have committed a blunder.
One may say that the indemnity clause gives some people immunity to justice and that it should be amended for those people to face the full rigors of the law for their actions. These are sensible but let’s look at it from a different angle. Some of the military regimes that we have experienced in this country were justifiable according to my own judgment while others were unnecessary.
If we amend the indemnity clause, then there is a likelihood that legal actions may be brought against some of those involved in those various coups we have experienced in this country. Some of those people are still alive, very influential in society and have huge support bases. If we do such a thing, we might be heading towards a civil war in this country. Some of those people owe allegiance to some tribes in this country. Hence, we might even be heading towards tribal wars and intense tribal sentiments.
This will destabilize our country and destroy the peace and tranquility that we are enjoying. I don’t think this is in the interest of our nation.
In the pursuit of justice it is important that people who commit atrocities be made to account for their stewardship and face legal actions. The indemnity clause totally, undermines this very principles underlined in the 1992 constitution itself. No doubt about that but does this call for amendment? Sometimes, it is good to let sleeping dogs lie.
So long us the amendment is in the interest of our nation and will not bring any untold consequences on us, why not?
In general, I think the indemnity clause must stay to ensure a continuation of the peace and tranquility that we have been enjoying.




CHILDREN OF NUGS
Children of NUGS, Why, Why, Why?
Why have you suddenly become a spy?
Leaking your vital information to politicians
Seeking to capture our dignities
Why have you done so much harm to NUGS?
Selling your pride for fantasy

Oh children of Legon NUGS
You have increased the apathy level
Among us to a higher level
Increasing anytime we go to CC and Congress
To deliberate on our progress
Only to see us going backward

Oh children of NUGS
Where is the money we have entrusted into your hand?
To be used for projects at hand
You have squandered all the money
Like a banana chewed by a monkey
All to satisfy your heavy stomach

Oh children of NUGS
Unite and fight with a common voice
So politicians don’t sit on your choice
As you elect leaders to lead you into victory
For the NUGS is in serious bondage
Stand up and lead it to salvage

Oh children of NUGS
Your day of triumph is near
To be enjoyed at breakfast, lunch and supper
For you can be suppressed for long
But you cannot be suppressed forever
For yours is victory and power
Long live the NUGS!
Long live GHANA!
Long live MAMA AFRICA!


Let’s cultivate the Culture of Maintenance
Maintenance refers to continuous repair work that is done regularly to keep a machine, building, or piece of equipment in good state and working order. It is therefore important that as Ghanaians we practice, protect, uphold and maintain the Culture of Maintenance.

It is worrying to note that in this 21st century, our country Ghana has not done enough to inculcate the culture of maintenance in its citizens. In the beginning of June 2010, a bridge collapsed in the Ashanti region. That bridge at the T.U.C. Datwadwen junction for over 40years now has not had any major rehabilitation. At a point in time, there were cracks in the bridge but it was no one’s business to ensure that it was reported and repair work carried on it. The bridge finally collapsed disrupting human activities. I want to believe that by now reconstruction work on that bridge has been done.

If we go round this country, we would have found out that there are equally other bridges, government buildings still in use which are in very deplorable states. Should we wait till another disaster struck before we act? Certainly not! We must act now. We don’t want any more disasters. We have had enough. Prevention is better than cure as manifested in the motto of the National Disaster Management Organization (NADMO) which says “PREVENTION PAYS!” This advice is going to the city authorities, government, all citizens and persons living in our country Ghana.

The way and manner in which some of us especially students utilize water and electricity in this country is also of concern to me. Some of us misuse and overuse these facilities just because we feel that we have paid for it. Let us properly utilize electricity so that our educational institutions and government don’t spend so much on those utilities. By extension, we will also prevent any further ‘LOAD SHEDDING’ as we experienced some few years ago under the NPP administration.


The decision by E.C.G. to fix prepaid meters in all government workplaces and in homes of public officials is a step in the right direction. This E.C.G. said this move will ensure that electricity is not misused or overused.

I travelled to some government institutions and I realized that most air conditions are not properly kept. They are left under the mercy of the sun and the rain. They look old and rusty. Whatever belongs to the State belongs to every citizen and we must take good care of them just like we would have to our personal properties. Some have do have their air conditions on for 24 hours and as for the lights, if the bulb does not die they never go off.

Another issue of serious concern to us Ghanaians is the recent report of oil spillage in the Jubilee Field. Oil spillages have serious repercussions on aquatic life. It also has negative effects on the livelihood of the citizens living around that area.

Cosmos energy was reported to have been responsible for those oil spillages trice, one in March and June this year. I am happy government has taken up the issue to look into the matter and ensure that the right thing is done and I pray that something fruitful will come out of that. Strict laws must be instituted against any company that spills oil in this country. Adequate compensations must also be paid to the people affected.

When you visit some filling stations, you would wonder if there is an oil refinery in the premises of those filling stations. There is too much oil spillage on and around the premises of those filling stations. I am advising the owners of all filling stations in this country that measure be taken to clean their environment of any oil spillage on the floor and the gutters around them. We don’t want any more disasters.

I travelled through the streets of Aladjo and I was amazed at what I saw. Some houses are so close to the big gutter at Aladjo to the extent that some share the same wall with the gutter. Go to Aladjo and you will see it all for yourself. A heavy down pour could cause any disaster. I hope those people living in those particular rooms love their lives and I also hope the city authorities are listening.

We must do everything possible to safe guard life and property. Congratulations to the National Disaster Management Organization for its good works so far in preventing and effectively managing disasters in Ghana. Let’s join hands together, change our attitude and uphold the culture of maintenance, for Prevention Pays!

Jacob du-Limit Shamatey
President, University of Ghana Disaster Management Organization.
[email protected]
+233-242 53 14 29