It has been reported some person(s) plan to disregard invitation to attend on the Emile Short Commission of Inquiry investigation the criminal acts of violence and bloodshed at La Bawaleshie during the Ayawaso West Wuogon by-election on 31^st of January 2019.

Do not take it lightly when you hear that article 278 Commissions of Inquiry have powers of the High Court. In fact, their findings become a judgment of the High Court, six months after the government publishes a White Paper or issues a statement to say it does not want to publish a White Paper. It will give reasons why the report is not to be published.

This means those aggrieved by the findings will have to appeal to the Court of Appeal in their bid to reverse adverse findings made against them. According to article 62 of the 1992 Constitution, unless adverse findings have been overturned on appeal or by judicial review, they may not only damage your reputation, but disqualify you for life from holding public office, becoming an MP or President.

The powers of the High Court they possess are to enable them, among others, issue a subpoena to compel attendance and/or production of documents. If you disobey their orders, you open yourself up to being taken to court to be punished. The law that governs their operations allows them to ensure your arrest or to refer you to the Attorney-General for prosecution for criminal contempt. By Section 61 of our Courts Act, a person summoned as a witness who fails to attend court without reasonable excuse may be fined or thrown into jail for about six months or both.

These Commissions actually exercise some police powers given them by law, among others, to enter premises, search, seize and remove a document or something for the purposes of their investigations. You either permit them or they do so with a search warrant.

So, whether you are a target witness – i.e. your act, conduct or omission is the subject of their inquiry, or a non-target witness like Joy Fm’s Evans Mensah who appeared before the Commission this week, just be careful.

It is trite that the Commission is a creature of law (C.I. 111 under chapter 23 of the Constitution) and therefore if it does not work in compliance with these, C.I. 65 and applicable general principles and rules of law, it opens itself and/or its work to legal challenges.

Let’s assist the Commission to serve justice to the wrongdoers and find solutions to end the threat posed by political party hooligans and militias and their war lords.  

Samson Lardy ANYENINI

February 23, 2019