The New Patriotic Party (NPP) Member of Parliament for Suame, John Darko, has strongly criticised the establishment of the Operation Recover All Loot (ORAL) team by President John Mahama, describing it as illegal and unconstitutional.
According to him, President Mahama lacked the legal authority to form the committee at the time, as he was merely the president-elect and not yet in office.
Speaking on JoyFM Top Story on Wednesday, January 15, Mr Darko argued that Section 3 of the Whistleblowers Act lists specific individuals and entities to whom whistleblowers can report, such as Police Officers, the Attorney General, the Auditor General, Staff of Intelligence Agencies, and Members of Parliament.
He stated that while his colleague in Parliament, Samuel Okudzeto Ablakwa, who is the MP for North Tongu qualifies to be on the committee, he questioned the qualifications of other members of the ORAL team under the provisions of the Act.
“If we take Hon Okudzeto Ablakwa who is a Member of Parliament and so if anybody feels that some crime has been committed, it can go to him.
"But does Martin Kpebu fall into any of these categories? Is he a member of the National Media Commission? Is Kofi Boakye, the former Police officer, a member of the Narcotics Control Board? Is Mr. Domelevo part of a district assembly or head of a recognized institution or religious body," he asked.
Mr Darko insisted that the formation of the ORAL team contravened the provisions of the Whistleblowers Act.
He further noted that as president-elect, Mr Mahama did not have executive authority at the time to create such a committee.
“The Whistleblowers Act he's talking about has the people you can disclose information to not a group of people set up by a President.
“In any case, when His Excellency the President John Dramani Mahama set up the ORAL Committee, he was the president-elect, he did not hold any executive authority. What legal authority did he have to set up the ORAL in the first place," the Suame MP questioned.
He asserted that the ORAL Committee, from its inception, lacked a constitutional foundation, stating that the committee is "unconstitutional and illegal."
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