By The Director of Legal Affairs for the National Democratic Congress (NDC), Godwin Edudzi Tamakloe, 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 KeyPoint on Tv3, 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 Tamakloe, 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. typesetting, remaining.
“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.
Tamakloe 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.
