The Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tamekloe, has strongly defended President John Dramani Mahama’s decision to set up the Operation Recover All Loots (ORAL) committee rather than a Commission of Inquiry.
Speaking on the issue on The Key Points on TV3 on Saturday, February 8, Tamakloe emphasized that Article 41(f) of the 1992 Constitution places a duty on all Ghanaians to prevent the misuse and abuse of public property, making it clear that such responsibilities extend to members of any committee set up to investigate governance matters.
He explained that legal advice and past experiences—particularly the Ghana@50 Commission of Inquiry case—played a crucial role in the President’s decision.
According to Tamekloe, the ruling by the late Justice Samuel Marful-Sau in the Ghana@50 case demonstrated that establishing a Commission of Inquiry would have created legal limitations on any further actions, including prosecutions.
“Had the President chosen the Commission of Inquiry route, as seen in the Ghana@50 case, legal limits would have been placed on the outcome, potentially providing immunity to individuals whose conduct may be in question. That is why, based on sound legal reasoning, this approach was not taken,” he stated on February 8.
Tamekloe also highlighted that the current committee, which includes a prominent legal mind such as Martin Kpebu and Samuel Okudzeto Ablakwa, is primarily gathering information for the President.
“This is not an investigative body capable of taking caution statements. It is an information-gathering process, which will guide the President’s next steps,” he explained.
He dismissed calls for the matter to be classified as a whistleblower case, arguing that the Whistleblower Act has clear statutory limits that do not necessarily align with the President’s current approach.
“The President made a campaign promise to implement ORAL, and this committee is part of the preparatory steps. On Monday, when the final report is submitted, the President will decide the next course of action, which could include forwarding the findings to the Attorney General,” he noted.
Tamekloe further pointed out that if the Commission of Inquiry approach had been used, President Mahama would have been legally bound to issue a white paper on the findings within a specific time frame.
However, under the current arrangement, he retains the flexibility to determine how best to act on the committee’s recommendations.
“The President can choose to forward the report to the Attorney-General without making any public statements. This strategy allows for a more effective and legally sound approach,” he added.
The final report from the ORAL Committee is expected to be submitted on Monday, after which President Mahama will communicate the next steps.
