A US-based Ghanaian lawyer has cautioned President Akufo-Addo not to assent to the Major Mahama Trust Fund Bill as it cannot stand constitutional scrutiny.

Professor Stephen Kweku Asare says it will set a bad precedent which will undermine the tenets of rule of law by assenting to the Bill.

"The Major Mahama Bill flouts the principles of generality and non-discrimination and cannot withstand constitutional scrutiny," he said in a Facebook post on Friday.

He added that "the bill targets Major Mahama and appears to ignore other security personnel we have lost in the past.

"It is a cardinal principle of the rule of law that laws must apply to broad categories of people and must not single out individuals or groups for special treatment."

He further advised the President to "return it to Parliament for it to be replaced by a comprehensive Bill that provides timely, predictable and easy to access benefits to the families of ALL SECURITY PERSONNEL who pay the ultimate price while serving the nation."

He believes that "even though the Bill is well intentioned, it sets a very bad precedent; it treats equally situated persons differently; it creates bitterness for families in similar situations who are hardly recognized, and it affects the collective morale of service personnel."

Below is his post:

Dear President Nana Addo Dankwa Akufo-Addo:

Greetings! It is a tough call but my advice is that you should not give assent to the Major Mahama Trust Fund Bill. Rather, you should return it to Parliament for it to be replaced by a comprehensive Bill that provides timely, predictable and easy to access benefits to the families of ALL SECURITY PERSONNEL who pay the ultimate price while serving the nation.

The Major Mahama Bill flouts the principles of generality and non-discrimination and cannot withstand constitutional scrutiny.

The bill targets Major Mahama and appears to ignore other security personnel we have lost in the past. It is a cardinal principle of the rule of law that laws must apply to broad categories of people and must not single out individuals or groups for special treatment.

The power of parliament to isolate people for rewards, punishment or different treatment is dangerous and must not be countenanced in this Republic. We must not traverse that path.

Even though the Bill is well intentioned, it sets a very bad precedent; it treats equally situated persons differently; it creates bitterness for families in similar situations who are hardly recognized, and it affects the collective morale of service personnel.

Mr. President, seize this opportunity to reiterate your commitment to the rule of law, which requires that our laws conform to the generality principle and are not discriminatory.

The Major Mahama Trust Fund bill seeks to give the legal backing for the establishment of a fund to cater for the wife and two children of the Late Major Maxwell Mahama.

Major Mahama, who was lynched under bizarre circumstances at Denkyira-Obuasi in the Central Region in May 2017, was part of a task-force deployed to root out illegal mining in the area.

Following the death, President Akufo-Addo committed to establishing the fund, in which government will put a seed money of GH¢ 500,000 to take care of the late officer’s family.