Brig-Gen Winful cant constitute Board of Inquiry - Effah-Dartey(Feb 2, 2009) Page 55

Story: Michael Donkor
CAPTAIN Nkrabea Effah-Dartey (retd), the lead counsel for Col Kwadwo Damoah, the former Director of Manpower and Personnel Administration of the Ghana Armed Forces (GAF), has objected to the convening authority of the Board of Inquiry (BOI) set up to investigate the alleged malfeasance characterising the recruitment of the first batch of 420 would-be soldiers in March 2008.
Capt Effah-Dartey, who led Col Damoah, one of the witnesses in the case, in evidence, raised the objection at the sitting of the board at the weekend.
He made references to the Armed Forces Act, 1962 (Act 105), the Armed Forces Regulations (Administration) Volume One, the 1992 Constitution, as well as the Evidence Decree, 1975, (NRCD 323) and said it was only the President, the Chief of the Defence Staff and the formation commander who had the authority to convene a BOI.
He, therefore, objected to the authority of Brig-Gen Robert Winful to convene a BOI in the GAF.
That, consequently, forced the board to suspend sitting.
Capt Effah-Dartey said Section 10 of the Armed Forces Act provided that "The President or any person authorised in that behalf by him or any prescribed person may, where he or such person thinks it expedient that information on any matter connected with the government, discipline, administration or functions of the Armed Forces or affecting any officer or men of the said forces is necessary, convene a Board of Inquiry for investigating and reporting on such matter. That Board of Inquiry shall be constituted, and its procedure shall be governed, in accordance with regulations made under this act."
He said Chapter 21 of the Armed Forces Regulations (Volume One) covered summary investigations and BOIs .
Capt Effah-Dartey said Article 21.07(2) of the Armed Forces Regulations stipulated persons or authorities that could convene a BOI in the GAF as follows: The President, the Chief of the Defence Staff, an officer commanding a command, an officer commanding a formation, a commanding officer.
He said Chapter One of the Armed Forces Regulations which covered introduction and interpretation defines a formation under Article 1.02 as follows, "Formation means a number of stations or units, including a headquarters, grouped under a single commander."
Capt Effah-Dartey said clearly Brig-Gen Winful was purporting to be a Formation Commander, since he is not the President, the Chief of the Defence Staff, an officer commanding a command nor a commanding officer.
He submitted that on the totality of the provisions of Section 10 of the Armed Forces Act and articles 21.07 and 1.02 of the Armed Forces Regulations, Brig-Gen Winful did not qualify to convene a BOI in the GAF unless there were other legislation, regulations, orders and rules that he might wish to see to advise himself appropriately.
He expressed the hope that his humble action would be seen as one of his duties as a lawyer to see to the development of the law for the establishment of a just and free society required of a democracy and not an attempt to delay an inquiry.