The case in which the Member of Parliament (MP) for Adansi Asokwa, Mr K.T. Hammond has sued the government over its directive to have him investigated was Monday adjourned to February 26, 2016.
Presided over by Mr Justice Anthony Yeboah, the Human Rights Court, which is hearing the case, fixed the date to enable it to give further directives on the procedure of the case.
Mr Hammond, a former Deputy Minister of Energy in the Kufuor administration, sued the government in December 2015 for directing the Economic and Organised Crime Unit (EOCO) to investigate his involvement in the sale of a drill ship owned by the Ghana National Petroleum Corporation (GNPC).
White Paper
A government White Paper on the report of the Commission of Inquiry into payments from public funds arising from judgement debts and other related matters directed EOCO to investigate Mr Hammond.
The directive charged EOCO to “investigate the mandate, authority and /or basis of Hon. K.T. Hammond’s disbursement of $900,000 to law firm ‘Constant and Constant’ to cater for future debts of GNPC.”
Mr Hammond, however, argued in his lawsuit that the directive was “unconstitutional, unlawful and a violation of my fundamental human rights as provided for in Article 33 of the 1992 Constitution.”
The legislator joined EOCO to the lawsuit.
Judgement debt commission
The government, in 2012, set up a Commission of Inquiry headed by Justice Yaw Apau, to investigate judgement debt payments from public funds.
The commission presented its report and recommendations to the President in 2015.
According to the report, the MP “sold the drill ship for $24 million and used $19.5 million to pay off a judgement debt and gave $1 million to ‘Constant & Constant,’ the London solicitors, who had represented Ghana in the drill ship sale negotiations.”
It added that Constant & Constant “were to take $100,000 for their services and keep the balance of $900,000 to cater for the future debts of GNPC and other creditors. He handed over the remaining $3.5 million to Ghana’s High Commission in London.”
Unconstitutional
Mr Hammond appeared before the commission and argued in his writ that per the constitution, the report could not be used against him.
“I am also advised by counsel and verily believe same to be true that one of the privileges and immunities accorded witnesses who appear before a commission of inquiry as provided for in law includes non-investigation by any other entity after the testimony of such a witness,” he said.
Mr Hammond is, therefore, praying the court to declare the government’s directive to EOCO unconstitutional.
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