Private legal practitioner, lawyer Ekuoba Gyasi, has opined that the grounds on which an invitation was extended to Kwame Baffoe, aka Abronye DC, by the National Investigation Bureau (NIB), have no legal basis.
He explained that in law, the President cannot be sued and he can also not sue any other individual unless he is no longer on the seat.
He said as long as the court is concerned, the President is immune from any criminal and civil procedures.
The lawyer was responding to the allegations levelled against President John Dramani Mahama that he was hoarding some substantial amounts of money meant to be given to persons who worked at the Jubilee House and have been relieved of their post.
“Firstly, if you allege that the President has committed wrongdoing, it is essential to note that, legally, the President enjoys immunity from lawsuits and cannot initiate litigation while in office. Consequently, numerous individuals make derogatory remarks about the President without facing repercussions, as the President is precluded from pursuing defamation claims and, conversely, cannot be sued for civil or criminal actions.
“So if there is any wrongdoing by the President, you can only sue two years after the term ends, unless you use the impeachment process if you think he has done something wrong. But as far as the court is concerned, he is immune from these criminal and civil processes. So I don’t know why they will invite him.”
Mr. Gyasi was, however, quick to add that unless the matter is already a subject of investigation, the invitation can be said to be valid, but if not, then it has no basis in law.
“I do not know why they would invite him unless the issue is already a subject of investigation. If it is a subject of an ongoing investigation, they can invite him to assist them. It does not matter if he mentioned the president’s name; if it is a subject of investigation, they would ask him to come and help with the investigation; otherwise, the invitation has no basis in law, he stressed.
He was speaking with Sir Richie on “‘As it is in Ghana’ on Rainbow Radio 92.4FM, UK, and Rainbow Radio 87.5FM.
The lawyer also suggested that the NIB could go on the pathway of charging the politician with making comments that can undermine public peace.
“At worst, what the NIB as a law agency can do is accuse and charge him with making comments conducive to breaching public peace. They can frame the issue in a manner grounded in criminal law, that what he said can bring confusion, and therefore unite against him. Forgive me, I have not checked the details, but I think this may be the reason for the invitation. The only ground is that they may not even attach the President; they will only accuse or charge him if peddling a falsehood capable of breaching the nation’s peace.”
By: Rainbowradioonline.com/Ghana
