Justice Beyond Wontumi: Will the Government Go After Its Own? | Matters Arising

[00:00:00]Uh thank you very much. We can move on.

[00:00:02]Let's talk about uh after whom to me what next? Uh let me come to you. Now that question still have to be one because you're in government.

[00:00:09]>> Yeah.

[00:00:10]>> You better answer the question. Who's next?

[00:00:12]>> No no no no. You're in government. So after who's next?

[00:00:16]>> Thank you.

[00:00:18]>> Yeah I have gone through the the >> I'm giving 5 minutes so that we we can all mark ourselves. Oh >> that's okay. I I have gone through the judgment of the conviction and sentencing of uh and the judge in coming out with sentencing pointed out the the reasons or the grounds by which that judgment that punishment was given. talk about she talked about the gravity of illegal mining, the need for deterrent punishment, environmental destruction caused by galami and then the importance of protecting Ghana's minerals resources.

[00:01:08]For me personally, to be honest, the only problem I had had to do with why Henry and Michael join News made a reportage that the deputy attorney general could maybe you help me confirm.

[00:01:24]Join News made a report. The deputy attorney general said those people were not prosecuted because they took advantage of the play bag.

[00:01:29]>> I heard him on FM yesterday. Um >> yeah, >> the deputy >> I think when the issue started early on.

[00:01:34]Yeah. Personally as a lawyer I I was sad when I heard that >> because if you know the impact of Ghana say in this country bargaining should not be available for persons corp >> well the state needed witnesses and they agreed to >> so if that was the argument by the deputy ag that would have even be much better >> you get the point but if you say >> if you say if you say They took advantage of play by forfeited their assets.

[00:02:07]>> Look the destruction if you see the flag the impact the life that were lost.

[00:02:12]>> Look nobody in fact the bargaining act talked about exception circumstances where will not be available when the issue has national security implication to miss and I must commend the attorney the deputy attorney general for for for handing the case with professionalism >> professionalism. I commend them. I salute them for that. My only worry was those who were left out. But if it was because they needed as witness, that is a different argument that will come through at a later date. But to say that no >> that was my my own reservation because the impact of Gam say in this country it is not a joke. People are suffering.

[00:03:00]people are suffering and now even water to drink water to drink in some areas has been a problem. It's also a caution to we in government today including myself here that if we engage in gam if we engage in gam our own government can take us on and knowing the ag and the deputy ag very well there are people that will not joke at all and president mama has said that this is government will touch its own so it's a caution for we in power.

[00:03:39]>> If we engage in Galami, we will be punished.

[00:03:50]I I'm only surprised that the previous government that made all of us believed that they were fighting Galami that they were fighting Galami could not touch their own because clearly the activities of Akuna mining did not start last year.

[00:04:18]It started over a period of time even at the point then people in power so that matter could have been handled but it's okay it's okay there's a new government that believes in the fight against Gamy >> but which of your own have you touched finish I believe earlier last year there was a release I think either Yoko or the attorney general that says that some person some officers of the NBC were being investigated.

[00:04:55]It was all over on social media.

[00:05:00]They've not been held capable of any wrongdoing. Yet some people were jubilating and all of that.

[00:05:05]>> Your people I'm just saying people on social media some jubilating and all of that. For me I always say that we are all presumed innocent.

[00:05:18]even to me until the conviction. I had always said that he was innocent.

[00:05:23]Even to me was innocent until you go to the full trial until you go through the the full trial.

[00:05:33]So for me, I'm not one of those who believe that who get happy when people are convicted and all of that. I rather see it as a lesson, as a guide for us to be careful in our ways.

[00:05:48]For us to be careful in our ways. Now we now we know that excavators even if you you you purposefully supply excavators get involved in all of that you can be held cable.

[00:06:04]>> So we know >> we know. All right. So the point is >> okay >> the point is >> the societal impact of the activities of gaming is huge and massive.

[00:06:17]>> Okay. All right.

[00:06:18]>> Said that no one >> no one should get involved. Now let me end by saying this that in the past when it comes to the fight against you only see that oh this government have gone to b excavators they they've arrested these people but those who are behind the politician in fact if you read the judgment very well the corporate view was lifted the corporate view was lift lifted and the court determined that aunt mining is the same as to me so it means that >> if a politician and you're behind galami quietly one day if the corporate veil is lifted it can follow you okay so let us all including myself let us all stay away from gam >> but legal mining is allowed >> okay >> let us not confuse this legal mining is allowed it is not every mining that is illegal it is the illegal mining that we are fighting against so let all of us including politicians Stay away from illegal mining. [snorts] >> Okay. I'm I'm grateful to you. Um let me say good morning to my very good friend Lawyer Mitri. You know you remember her?

[00:07:34]>> Yeah.

[00:07:35]>> Lyri I think so.

[00:07:36]>> Okay. Um Lyri is the was with the August August law. Um August law they opposite a crown mall >> in the city galleria. She's a very good friend of mine very intelligent lawyer.

[00:07:52]uh she's watching us now of the August law. Good morning to you my friend.

[00:08:02]A fantastic lawyer by all standards.

[00:08:05]Well, okay. So, um once again, lawyer Mitri and all her friends at August Law, good morning to you. Yeah. Uh BJ, so what what's and and why are you why is your party even against the conviction anyway?

[00:08:19]>> This is this is law. she was taking through the legal processes.

[00:08:22]>> That's a very good question. Now, my party's concern is not with the judiciary.

[00:08:28]>> Let's get that clearly.

[00:08:29]>> Okay.

[00:08:30]>> The concern of the MPP is with the reasoning of this judgment.

[00:08:36]The reasoning behind it and the conclusions of the court. M.

[00:08:40]>> Now before I come to the legal aspect of this decision and examine and critique it as my party has done through the press conference, let me start by saying that you see M P welcomes every means of prosecution. Let me reiterate this point.

[00:08:58]>> We are not against the prosecution of any of our members. All what we are calling for is due process and justice.

[00:09:06]>> Okay? And justice must not only be done, it must seem to be done.

[00:09:13]How did we get here with all this wound to me matter? How did we get here? We got here through a petition. This whole matter was invoked by a petition by three distinguished persons or by a group of people by three people who are formed a group and the name of the group is citizens. The the name of the group is coalition of the media against Galami.

[00:09:40]Coalition of the media against Galami.

[00:09:43]Now they filed a petition against Chawun to me in October 2022, 19th October 2022. This is a report by my joy online that says that the petition was signed by engineer Kenashibbe legal practitioner Martin Pu and Aedu of the movement against corruption.

[00:10:06]Now when they filed this petition in 19th October 2022 that chair to me should be arrested investigated and prosecuted for galami in 2022.

[00:10:20]According to them they didn't hear anything about the petition. Now they wrote a follow-up letter to the C boss on 24th February 2025. This is a copy of the letter on the letter head of Leonard Martin. Yes. first one in 2022 and then a follow-up request. So if you look at this letter addressed to the director general C attention copi >> dear madame and then you look at signed by engineer Kashibbe >> and Martin who >> now I'll jump and come to um what engineer Martin Pebbu said engineer Kenashibbe said on 21st July 2026 six after wound to me was convicted and sentenced. This is a report by graphic online. This is not my invention.

[00:11:14]>> And the headline is everybody can Google wound to me conviction victory for environmental advocacy group which means it's the group speaking.

[00:11:22]>> It was on the paper.

[00:11:23]>> Yes, it was on the paper. It was on the graphic front page. Excellent. Now if you go to paragraph I think 8 of the story he said speaking to daily graphics separately after the ruling conveyor of the GC A can aid and the deputy national director of environmental watch dog outfit a roach Ghana said the judgment was a strong signal that the government was ready to deal with the so-called campaigns behind the menace. This is Kashim supporting the conviction. He says something fundamental here which I want us to pay attention to. Now he said Mr. Ash stressed that the conviction of Chun to me must be a warning signal to all actors in the political degradation space other than a mere catch of a political activist. And this is a quote by Mr. And I quote, "The judgment by the court is refreshing to all lovers of the judgment by the court is refreshing to all lovers of the environment because this is what we have been fighting at the peril of our lives all these years.

[00:12:41]Listen, we presented a number of petitions to the former president about a mining and its involvement in Galami, but nothing was done. This is Kashibbe speaking. Do you want me to take it again? No.

[00:12:57]>> Kashibbe says that.

[00:12:59]>> We presented a number of petitions to the former president about a mine and it involvement in Galami but nothing was done. He went ahead to say that we are happy that the current minister of lands and natural resources followed up on our petitions and the other evidence for the attorney general and the minister of justice to take up the case. He said which means it has been established that Kenashibbe was the petitioner in the wound to me matter as I have exhibited the petition here on the letter.

[00:13:32]>> What what's what's your end game >> now? We are being told my end game is that we are being told what's the name of the judge that child wound to me wound to me.

[00:13:41]>> What's the name of the judge?

[00:13:41]>> Kokov I have indicated that our concern is not with the judiciary. It's not with any judge but we are questioning the due process that led to the conviction and sentencing of chairman to me. We have you have >> let me make my point. I'm making my point. I mean this is the point of the party. This is the this is the point of the party and I'm making a very serious point here. This is a judgment by the learned and respected justice of the high court her leadership Madame Audri Kokuite.

[00:14:13]Now it has emerged that the in-law or the kid sister of the judge is the wife of Mr. of Mr. Kenashib.

[00:14:23]>> What does it what? So the petitioner, somebody writes a petition and his in-law sits on the petition and convicts the person that the petitioner wants in Oh, no. That's >> No, no, no. The in-law the in-law didn't sit on the petition. So the petition was sent to the C and the C the charge and sent to court.

[00:14:43]>> Absolutely. And I've just read to evidence.

[00:14:45]>> Yes. And I've just read to you and I've just read to you. Oh wonder, please let me make my point. I beg you.

[00:14:51]>> I've just read to you a statement by Mr. Yeah, I get it. I get it.

[00:14:54]>> Reported by graphic online saying that please follow the conversation saying I get it. I get it.

[00:14:59]>> Saying that listen, saying that >> we are happy that the current lands and natural resource minister followed up on our petitions >> and other evidence for the attorney general and the minister of justice to take up the case. That is fair. And when the minister for justice and attorney general took up the case, which which court did it go to?

[00:15:20]>> But isn't the name of the game evidence?

[00:15:22]>> Yes. of the game is evidence but I'm saying that we are questioning due process here >> because because because because if you take this is the obituary of of of of of the father of the judge and if you look here children her leadership justice whom I have a lot of respect for I have no issue against her Madame Priscilla Numo Ashibbe that is the wife of Ken Kashib so the sister of the judge is the wife of the practitioner.

[00:15:52]>> So why does it matter?

[00:15:53]>> Now it matters because I'll read to you one last thing then I continue. It matters because this is also a story by uh h YFM one of your sister stations published by YFM and in this story Mr. Kenn was praising the wife saying that her wife Madame Press is the governor general of her home. So it is confirmed that Mrs. Lashib is the husband is the wife of Mr. Kashib. Mr. was the petitioner >> and when the matter went to court it went before >> the wife's sister that is the first point of the MPP >> this extrapolation you >> no it's not extrapolation this is backed by documents which >> this is backh but I'm sorry documenting if you are my brother >> yes >> and you are married to a lady >> yes >> and then a case I petition goes to >> you know why this do you know why do you know why this is most concerning this is you know why this is most concerning >> because it is most concerning and it is very serious because in this judgment that convicted and sentenced Jamaroon to me. The judge found that there was no direct evidence against Chawun to me.

[00:16:58]The judge based his decision on circumstantial evidence. What is circumstantial evidence? Circumstantial evidence means that when you put the pieces of events and occurrences together, it forms but one irresistible conclusion that the person is guilty. In the prevalent circumstance where you put the pieces of evidence and events and occurrences together, it forms but one irresistible conclusion that the person who wrote the petition is Mr. Ken and the judge is the is the is the is the is the in-law of the petitioner. It raises reasonable SUSPICION OF BIAS.

[00:17:33]>> BUT OKAY, [laughter] LET me ask.

[00:17:35]>> Was it Ken Ash versus Wii or the Republic versus Wii?

[00:17:38]>> And I'm saying that it was the Republic versus W to me. who wrote the petition who adused THE EVIDENCE MR. ASH HAS HAS HAS taken the credit that he wrote the petition he adused the evidence and is thanking the attorney general for taking up his matter against I'm not the one saying it I've just read from to you from graphic online and so if you put this together this is also circumstantial evidence now let's get it point clearly that to me has not been convicted and sentenced because of his involvement in guarantee that is not part of the judgment here if you say that propaganda that you are doing it points to one one one >> yes I'm saying the matter does not have to do with choon to me doing galam >> it's not galami >> according according to the case of the prosecution >> term to me assigned is mining leave to some people to some people without authorization of the minister >> now I have two major concerns with this the conclusions of this ruling one >> the first conclusion is that we are being told that had legitimate license to mine on the session legitimate license that's a fact and so if he had legitimate license to mine why then would He employed the services of some people to do illegal mining for him on his own concession that he has legitimate license to mine. Chu to me would have taken excavators to go on Samra boy to mine anyhow that he want without breaching any law and so why would need any employ somebody to go and do illegal mining on a concession that he has legitimate license to mine on.

[00:19:04]>> But that is the first point.

[00:19:05]>> That doesn't mean he has to come again.

[00:19:08]>> That doesn't mean he has to do illegal mining. He said he could take excavators and mine anyhow >> because he has licensed to the concession >> and not anyhow.

[00:19:14]>> No, but he has license to the concession.

[00:19:16]>> I get it. I'm only saying >> okay to mine to mine responsible. He has he has he has he has the the necessary licenses to the concession and so chun to me did not need anybody to go onto his very own land that he has titled to land to do illegal mining and give proceeds to him. That is the first point I'm making. Now the second point the second point The second point is the second point that I want to make before Dr. Smart Point comes in here is that >> who to me was convicted like we have said without any direct evidence. He was convicted based on the oath of the prosecution witnesses that is Henry Akum and Samuel Jesse.

[00:19:58]>> Now when you give an oath in court you swear an oath and give testimony in court.

[00:20:04]>> It is testimony by oath. Chun also mounted mounted a box to also give his testimony by way of oath. So now it boils down to oath against oath. The witnesses claim to me has done ABCD or gave them the land to go and mine or to go and do illegal mining. Chawun to me also on oath said that he didn't give them the man the land to go and mine but then he gave the land to them to for reclamation purposes also on oath. So now in matters of oath against oath, it is certain law in Ghana's criminal Jewish prudence that it has to be resolved in favor of the accused person because it is the prosecution that bears the legal and tedious burden of proof to prove the guilt of the accused person beyond reasonable doubt. And so therefore if there is any doubt that has arisen by virtue of the oath against to me and to me's oath against the prosecution witnesses then that oath ought to be resolved in favor of the accused person but in the prevailing circumstance and in this judgment the oath against oath was resolved in favor of the prosecution and that raises fundamental grounds for the conclusion and the sentencion of term to be in this judgment. There are so many things in this judgment that we can point out but for the sake of time you let me land here. Yeah, I hear. Thank you very much.

[00:21:18]Uh we we need to end here.

[00:21:20]>> No, you have spoken. Dr. You have spoken. You have made your point. Okay, please. I haven't you made your point.

[00:21:26]Come in. No, Professor.

[00:21:28]>> Very well. So, may I want to simplify the entire matter.

[00:21:31]>> Okay. Number one, um, in this very case of wound to me, because the other accused persons opted to serve as witness to the prosecution's case, they have been kind of set free and lawyer was not too happy with that. I haven't also been happy with that. going forward. What it means is that when those caught in the act appears or aails themselves to become witnesses for the erh prosecution, it means there's a precedence now that they can also be set free >> who are our targets.

[00:22:06]Okay? Because they are adults. The two people whose names were mentioned here, the seed guy and these were adults. They also must come under direct responsibility of protecting of our land.

[00:22:17]The burden must not only be pushed to wound to me because he assigned the land. They too had a national duty to also preserve the land but because he availed themselves. That for me is a very bad precedence going forward.

[00:22:30]>> Okay.

[00:22:30]>> What it means is that the chiefs who are also assigning lands to people you know that this is happening in our areas. I come from areas like that where some land owners are assigning their lands to people. they are doing. What it means is that those people uh causing the damage to the land have a way out. In fact, the nature of the situation now as I see is that there has been this first conviction over an instance where the person was not found by the court to be directly involved in Galami.

[00:23:06]Who are our targets? Are they those who are >> to me also agreed that we introduced them to the excavator supplier?

[00:23:14]>> That does not mean that that has not >> you still need excavator for reclamation. You still need excavator for reclamation.

[00:23:22]Let me let me let me make my point. My point my point my point is that and this Gab I understand it very well because I I come from areas where this has happened and the targets going forward must not be limited to people who are signed those lines. I think our main targets are those people the perpetrators >> the perpetrators of and and we shouldn't cause any confusion in the minds or empower emboldening people to be doing it because when they are caught >> all right >> it is their >> come and testify come and testify against absolutely okay >> then the second point I'm making is that >> the page has been opened maybe this is going to be a better way of saving our environment >> okay all right >> so everybody must come together those in government today h find a way of prosecuting your own because we know it's been confirmed by several reports including the president's own confession that persons in this government are engaging >> all right >> begin to prosecute yourself that is my first assignment my second assignment is that if the usual thing we know of people in government not willing and able to prosecute their own >> would continue then those in opposition today in all the mining districts get people to get a register of those perpetrating that crime. If government in power today will not be able to prosecute the people in power, I charge your people over there to get evidence or put cases down of people who are destroying our forest so that when you come into power, >> you would have the basis to prosecute all of them because the the page has been open.

[00:25:00]>> Maybe this is going to be a better way of we saving our environment.

[00:25:03]>> Okay. the the the fact that they've been able to secure conviction against an opposition member means that even if the government decide not to prosecute their own, >> it will be a responsibility on this government when they come.

[00:25:15]>> Okay.

[00:25:15]>> To to to also do that so that if this side prosecutes that side >> and this side also prosecute that side, won't our environment be free of these people?

[00:25:24]>> Okay. Thank you.

[00:25:24]>> It's a serious charge they must take.

[00:25:26]begin to put down evidence of people who are currently destroying our environment >> so that if their government isn't able to persecute them >> yeah to do that >> thank you very much uh this one says a blessed happy birthday to you Dr. Wifred Nafisa Mahama. Uh, cheers to another trip around the sun. Uh, let's celebrate all day long. Wishing you the biggest lines of happiness. Enjoy your day. Mama from Boscha Samari Mahama. And that's uh that's it there. Uh, okay. Uh, happy birthday to you Dr. William Nafisa Mahama. Uh, let me do this one here. Uh happy 78th birthday to Aurora Sara Lin Mansi from O aa 1965. O is what? Uh old uh okay Ara is what?

[00:26:15]Okay. Let me just >> Ara Sarah Lin Mans may this lovely day bring happiness and new opportunities in in your life and family. Wishing you the happiest birthday ever from your Acura Winred Ya O 204 the entire OA and AIMA school. Okay. So, Oda Chima Association, we love you. Um, Acasarin Mansari, uh, happy birthday to you. This is your 70th birthday. Enjoy to the maximum. And to my own brother, uh, Pakuman Pum, you are a wonderful friend. You're a wonderful brother. You've been there all these years. We are blessed to have you. Today is your birthday, my brother.

[00:26:54]You know what? Enjoy to the maximum.

[00:27:10]more [music] on behalf of Happy birthday.

[00:27:29]Oh, wonderful. Wonderful. Okay.

[00:27:37][music] [laughter] >> [laughter] >> That's right.

[00:27:54]Victor Espire, [laughter] board member of the Vary Authority and National Security Committee member of the NDC.

[00:28:00]He is vying for to be elected as the uh deputy national communications officer of the NDC. Yeah. Yeah. for >> positional used to be the national deputy coms that >> you know he's deputy competition right but he's not contesting >> very [music] effective person >> but he's not contested so you want yes and I'm told that he will win people tell me that he win professor >> but he's a V has a lot of money [laughter] that's a lot of money >> professor Scott Sap is senior research fellow at Kumasa technical university junior is lawyer and a member of the MPP's [music] communications team.

[00:28:40]>> Okay.

[00:28:42]>> Office.

[00:28:43]>> Very good morning to you all and to the very very dedicated staff of Technical University. The best technical university in Ghana.

[00:28:51]>> Professor.

[00:28:51]>> Yeah. Yeah. Yeah. And and >> technical university.

[00:28:54]>> Oh, the best. I mean the best. We have a lot of technical universities, but I emphasize on the best.

[00:28:58]>> Okay.

[00:28:59]>> That's right. [laughter] >> The best from Kumasi or the best in the best in Ghana.

[00:29:05]>> The best comes from the west. No, no.

[00:29:07]Call your best.

[00:29:10][music]