Godwin Edudzi Tamakloe, Director of Legal Affairs for National Democratic Congress (NDC), has robustly defended President John Dramani Mahama’s decision to establish the Operation Recover All Loots (ORAL) committee instead of convening a Commission of Inquiry.

Appearing on TV3’s The Key Points on Saturday, February 8, Tamakloe argued that the creation of ORAL was in line with Article 41(f) of Ghana’s 1992 Constitution, which obligates citizens to prevent the misuse of public property. He emphasized that this constitutional duty extends to members of committees investigating governance issues.

Mr.Tamakloe explained that the President’s decision was informed by legal counsel and past experiences, particularly the Ghana@50 Commission of Inquiry. He pointed to the ruling of the late Justice Samuel Marful-Sau in that case, which had established that a Commission of Inquiry would limit legal actions, including potential prosecutions.

Had the President opted for a Commission of Inquiry, Tamekloe said, the legal framework could have inadvertently granted immunity to individuals under investigation. “The decision to bypass the Commission of Inquiry route was driven by legal prudence,” he said, stressing that ORAL avoids these limitations by focusing on information gathering.

The ORAL committee, which includes prominent legal figures like Martin Kpebu and Samuel Okudzeto Ablakwa, is not tasked with conducting investigations or taking witness statements. Instead, its purpose is to collect and assess data that will inform the President’s next steps, Tamekloe explained.

Mr.Tamakloe also dismissed calls for the matter to be treated as a whistleblower case, noting that the Whistleblower Act imposes statutory limits that do not align with the President’s broader goals.

The ORAL committee, Tamekloe noted, is part of a promise made during President Mahama’s campaign. The committee’s report, due on Monday, will guide the President’s decisions, which could include referring the findings to the Attorney General for further action.

He also pointed out the flexibility afforded by the current approach, explaining that had a Commission of Inquiry been formed, the President would have been legally required to issue a white paper on the findings within a specified time. Under the current arrangement, the President retains discretion to decide how to proceed with the committee’s report, without immediate public disclosure.

The final report from the ORAL committee is expected to be submitted on Monday, after which President Mahama will determine the next course of action.

Source:TheDotNews