According to him, Martin Amidu should not have resigned as Special Prosecutor in spite of the challenges he claimed he was facing.
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Martin Amidu's reasons not enough to resign as the Special Prosecutor – Emile Short
A former Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ), Emile Short, has explained that reasons cited by Martin Amidu are not enough for him to step down as the Special Prosecutor.
Justice Francis Emile Short
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On Monday, November 16, 2020, Martin Amidu resigned from his office with immediate effect over interference in his work by the NPP-led government by President Nana Addo Dankwa Akufo-Addo.
He stated that the President of the Republic was interfering in the performance of his duties in relation to the risk of corruption and anti-corruption assessment on the controversial Agyapa Royalties Transaction.
He alleged that the President attempted to convince him to include a response from the Minister of Finance Ken Ofori-Atta in his report which he declined because "that would have compromised my independence as the Special Prosecutor."
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In his assessment report on the Agyapa deal, Amidu said the Transaction Advisor involved in the deal were susceptible to "nepotism, cronyism, and favouritism".
Nana Addo with Martin Amidu
Pulse Ghana
According to him, Nana Addo has not been able to ensure his independence and freedom of action.
"The one condition upon which I accepted to be nominated as the Special Prosecutor when you invited me to your Office on 10th January 2018 was your firm promise to me that you will respect and ensure same by your Government for my independence and freedom of action as the Special Prosecutor," he stated.
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However, Justice Emile Short said the Act that established the office of the special prosecutor, Act, 2017 (Act 959), gives him the power to ignore any orders or interference from anyone including the president.
In an interview with TV3, he said "The copy addressees made no efforts to honour any of the conditions of appointment in terms of emoluments and benefits of the appointment ever since my warrant of appointment was issued on 23rd February 2018 to the date of my letter of resignation. The Deputy Special Prosecutor has also not been paid any emoluments since her appointment, and there is the need to redress that situation for her now that I am out of the way.
"The events of 12th November 2020 removed the only protection I had from the threats and plans directed at me for undertaking the Agyapa Royalties Limited Transactions anti-corruption assessment report and dictates that I resign as the Special Prosecutor immediately.
"I should not ordinarily be announcing my resignation to the public myself but the traumatic experience I went through from 20th October 2020 to 2nd November 2020 when I conveyed in a thirteen (13) page letter the conclusions and observations on the analysis of the risk of corruption and anti-corruption assessment on the Report On Agyapa Royalties Limited Transactions and Other Matters Related Thereto to the President as Chairman of the National Security Council caution against not bringing my resignation as the Special Prosecutor with immediate to the notice of the Ghanaian public and the world.
"The reaction I received for daring to produce the Agyapa Royalties Limited Transactions anti-corruption report convinces me beyond any reasonable doubt that I was not intended to exercise any independence as the Special Prosecutor in the prevention, investigation, prosecution, and recovery of assets of corruption. My position as the Special Prosecutor has consequently become clearly untenable."
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