Arthur K.: Changing the “Rule of Law” to the “Rule of Parties”

Dagbon--- Bawku---Ga Mashie--- Anlo---Bunkpurugu Yunyoo and now Techiman/Tuobodom, to mention only a handful. These have come to symbolize our adherence, more often than not, to the argument of force rather than the force of argument in our national life. In the name of chieftaincy, periodically, some take the law into their hands, destroy properties and then kill and maim some Ghanaians. Sometimes, while at it, some brag about their connections to the government of the day and how nothing can happen to them despite their violation of our laws and our sense of decency.

Then the usual response happens. The government appeals for restraint. The Peace Council or some group of elders lectures us about the importance of peace. The media reports on what happened in a distorted manner and a few people call for justice and are studiously ignored by our government. We all agonize about what happened and then move on--- to nothing.

Of course, if this indifference of our government to murder and lawlessness should tempt you into doubting the ability of our government to project power, think again. If you are associated with the opposition and make a careless remark about a revered ex-President, you can be arraigned and jailed within hours--- to preserve the public order even while murderers walk the land free!

The basic facts of the Tuobodom-Tachiman-Asante crisis appear not to be in dispute. About two weeks ago, the bodyguards of the Tachimanhene, Osabarima Akumfi Ameyaw, kidnapped the Omanhene of Tuobodom, Nana Baffour Asare II and took him to the palace of the Tachimanhene where he was tortured before being handed over to the police. Somewhere in the course of this unfortunate incident, the Tachimanhene reportedly bragged that since his party is in power, he could do whatever he wanted and nothing would happen to him. Since then, the Tachimanhene has averred that what happened was not a kidnapping but a citizen’s arrest!

After waiting for what he considered a reasonable period for the government to react, the Asantehene, Otumfuo Osei Tutu II reacted in anger. While his anger was understandable, the Asantehene’s remarks were not appropriate. In response to the Asantehene’s remarks, the government sent a delegation to de-escalate the tension and to promote reconciliation. There were offers of mediation as well as appeals for calm from the Brong Ahafo Regional House of Chiefs, some members of Parliament and some NPP elders. While all this was playing out, the National Security Advisor was speaking to the press. After visiting Manhyia, the Security Chief pledged that the government will deal “with any culpable person in the regrettable incident under review.” However, after meeting with the Tachimanhene later, the security capo, according to peacefmonline.com said “of particular concern was the alleged attempted assassination of the Tachimanhene in October, 2008.” Really? Why would the alleged assassination attempt of 2008 for which a trial is underway be of particular concern here?

Predictably, regardless of what has been said, there appears to be very little appetite for accountability in this incident. Once again, we have on full display our national penchant for ignoring the facts even when they are staring us in the face.

I will get to the rule of party and its implication but let me draw your attention to a few things.

First, in the government delegation that met both the Asantehene and the Tachimanhene was the General Secretary of the NDC, Mr. Asiedu Nketia. Was this an indication that the government was more interested in the politics of this case than the law and order aspects?

Second, the reactions to this incident from various quarters have been interesting.

The government that had Nana Darkwa arraigned within hours of his unflattering comments about former President Rawlings on grounds of public order has not found it necessary to make arrests in this case involving deaths, kidnappings and threats, while some who reacted with indignation to the government’s attempts to muzzle Darkwa are baying for the blood of Ato Kwamena Dadzie, for his unflattering comments about the Asantehene. There is hypocrisy on all sides. If the government was as concerned about security in this crisis as it professed to be after the remarks about President Rawlings, quite a few people ought to be in jail by now. Similarly, if those who stood up to defend Nana Darkwa were consistent, they would be lining up to defend Ato Kwamena now. That he found the Asantehene’s comments more disturbing than the kidnapping and murders was indefensible. That however, should not justify threats against him. Freedom of speech requires that we must occasionally tolerate irresponsible opinion like that of Ato on this issue.

In the flurry of misguided reactions, the one bright light was Dr. Annin who counseled the government to separate criminal activities from chieftaincy issues and punish the perpetrators to serve as a deterrent to others.

In his comments on this issue, the National Security Advisor has underlined how far we have strayed from the rule of law. Said the Brigadier; “With the allegation that a chief says “my party is now in power” and so on. Now when a party is in power, the government formed is a government of all the people not a government of the members of that party, all these are hampering the work of the security people.” Continuing, the Security Chief said “You have people in the security services—the police, the army some are saying “he is a party man”, “he is not a party man” that shouldn’t happen, that shouldn’t be the case, but unfortunately we are in that kind of situation which we have to find a solution to.” These are profound enough but he was not done. He concluded “People are not doing their work and this is the biggest problem we face at the moment and also you’ve got so much politics as I said earlier, in what we do so that if something happen, people just say this is not our man, this is not our party man. This shouldn’t be the case! If you go wrong, the law shouldn’t have any business in saying that “this is not one of us” he is one of us so the law shouldn’t deal with the person, the law should deal with everybody”

Are we truly a democracy? Do we live under the rule of law?

It is sad that in a government led by a Law Professor, it was left to a soldier and a Security Chief to bemoan the politicization of our institutions and the absence of fairness in the application of our laws. But the Brigadier should have smelled the coffee long ago. The “this is our man syndrome” he decries has been obvious with this government from day one. From the struggle over toilets to the seizure of cars to the targeting of people for prosecution, it has all been about “us and them” for this government. While I concede that this practice has been with us since independence and just worsened under the NDC, I find the strategy of justifying one’s mistakes by referring to the mistakes of others silly. With that attitude, our nation will never move forward.

The question to the Brigadier is “When Sir, are you going to walk your talk? Are you going to wring your hands in agony and yet join or at the least condone the rule of party by the NDC?”

How can we restore the rule of law and respect for our institutions?

First, we MUST end the practice of sacking non-political appointees like service commanders, the IGP and others with every election. When the IGP loses his job because the party that appointed him is out of power, the message to ordinary policemen and women is to tilt to the political winds if they want job security and promotions. We must appoint these people to fixed terms and make it possible to fire them only for clearly defined cause.

Second, politicians must end the practice of promising that every party member will get a job with victory. There are just not enough jobs and contracts for everybody. We should move to the point where most people work for candidates and parties because they share the vision of the party and/or candidate.

Third, the judiciary and other institutions must stand up for the rule of law. When it takes months to years to get a case before a judge but one can be found to try a panelist associated with the opposition for some childish remarks about a former President, it conveys the unfortunate impression that judges care more about insults to big men than the murder of ordinary people and that our justice is not party-blind.

Fourth, we should separate prosecutorial decisions from politics. The recent pressure on the Attorney General to bring charges against members of the NPP for crimes, real and imagined has harmed the reputation of our justice system and we deserve better.

Finally, as citizens, let us support those who expand and respect our freedoms and reject with our thumbs, those who undermine the rule of law.

Those who will undermine our institutions and our laws do not deserve our support.

Thomas Jefferson had it right when he said “The care of human life and happiness, not their destruction, is the first and only legitimate object of good governance.”

Lawyer Mills and his government will do well to heed the words of Lawyer Jefferson.

Let us move forward, together.

By Arthur Kobina Kennedy
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