Audio By Carbonatix
A private legal practitioner says the embattled Information Service Department Director Francis Kwarteng Arthur has breached Ghana's law and must resign.
Dr Opoku Adusei said Mr Kwarteng was caught on the wrong side of the law when he designed a letterhead with the coat of arms for a terse apology.
The ISD boss took responsibility for the elementary errors in the 30-page Ghana @ 59 Anniversary brochure which went viral and issued an apology on a dubious letter head.
Mr Kwarteng Arthur said he had no ISD letter at the time he was issuing the apology and decided to design one by putting the Ghana Coat of Arms on white sheet of paper.
The terse apology was not without mistakes either but that was the least of the worries of many Ghanaians.
The major worry according to some lawyers is the fraudulent manner in which the letter head was designed.
Dr Opoku Adusei told Joy News it was illegal for the embattled ISD boss to use the Coat of Arms in designing a new letter head.
He said under Flag and Coat of Arms protection Law, a person needs express authorization from the Interior Minister before proceeding to use either the flag of Ghana or the Coat of Arms.
Dr Adusei noted a person found guilty for breaching this law faces minor sanctions including a fine.
However, the bigger offence hanging around the neck of Mr Kwarteng is that of forgery and fraud.
Dr Adusei said while it may be true that Mr Kwarteng violated section 158 of the law which deals with forgery it will be difficult to prove the element of an intention to deceive the public, which is a prerequisite in proving the guilt of a person under that same law.
He is convinced the Attorney General will not prosecute Mr Kwarteng but said he [Kwarteng] has done himself enough damage and should bow out in peace.
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