Abodakpi to storm Parliament

By Ebenezer Hanson

Sources close to the NDC minority caucus in Parliament have hinted Public Agenda that Hon. Dan Abodakpi, the MP for Keta, will one of these days make a triumphant entry into Parliament. The much-awaited return had been delayed a bit because of a planned visit by a section of the Parliamentarians.

About a fortnight ago, President John Agyekum Kufuor exercising his Prerogative of Mercy conferred on him by the 1992 Constitution remitted a ten-year jail sentence imposed on Hon. Abodakpi by an Accra Fast Track High.

Article 72(1)(d) provides that,“ The President may, acting in consultation with the Council of State remit the whole or part of punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account of any offence ”.

On February 5, 2007, Hon Abodakpi was convicted by an Accra Fast Track on all seven counts of conspiracy, defrauding by false pretences and willfully causing financial loss of $400,000 to the State and sentenced to a ten-year jail term. He has, however, appealed against the ruling at the Court of Appeal and awaiting judgement.

Explaining the legal basis of the return in an interview, the MP for Zebilla, Hon. John Ndebugre, first pointed out to Public Agenda that, notwithstanding the incarceration, Hon Abodakpi did not cease to be Member of Parliament since he filed an appeal after following his conviction at the high court.

“ You must note that Hon. Dan Abodakpi’s name has always appeared among the list of Members who were absent with permission on the Votes and Proceedings,” he emphasizes. The Votes and Proceedings is a summary of the daily proceedings of Parliament.

According to him, the Courts Act stipulates, “ An appeal shall be by way of rehearing ”, to wit, the beginning of the entire trial, which presumes the accused innocent. He expatiates that the provision in the Courts Act is predicated on Article 19(2)(c) which provides that, “ A person charged with a criminal offence shall be presumed to be innocent until he is proved or pleaded guilty”. He adds,“ Hon. Abodakpi applied for bail pending appeal that was refused. But until the appeal process is exhausted he presumed guilty.”

Hon. Ndebugre who is also a lawyer by profession further invoked Article 137(3) to buttress his arguments saying in an appeal the “ Court of Appeal shall have all powers, authority and jurisdiction vested in the court from which the appeal is brought ”.

Mr Abodakpi, was said to have, between May and December 2000, acted together with the late Victor Selormey, who was also a former Deputy Minister of Finance and Economic Planning, Dr Frederick Boadu, a consultant, and other persons with a common purpose, to willfully cause financial loss of $400,000 to the state through the Trade and Investment Programme (TIP).
The amount was in respect of a feasibility study for the establishment of a Science and Technology Community Park/Valley Project meant to enhance the export of non-traditional products.

They were charged with causing the transfer of the cedi equivalent of $400,000 during their tenure of office in the NDC administration when they co-chaired the TIP.

The former ministers were accused of causing the transfer from the TIP interest account lodged with ECOBANK Ghana Limited into the personal account of the project consultant, Dr Boadu.
They were arraigned on October 14, 2002 on three counts of conspiracy, two counts of defrauding and two counts of willfully causing financial loss to the state but both of them pleaded not guilty to the charges and were granted
self-recognizance bail.