Ghanaian lawyer, Professor Stephen Kwaku Asare has appealed to President Nana Addo Dankwa Akufo-Addo not to sign into law the recently passed late Major Mahama Fund.
According to the law professor, the Act “cannot withstand constitutional scrutiny” in its current form because it is goes contrary to the principles of the supreme law of Ghana. In a post on his official facebook page the lawyer said: “…You [President Akufo-Addo] should return it to Parliament for it to be replaced by a comprehensive Bill that provides timely, predictable and easy to access benefits to the families of ALL SECURITY PERSONNEL who pay the ultimate price while serving the nation.’’
He further described the bill as discriminatory and advised President Akufo-Addo not to assent to it.
He opined that it is a cardinal principle of the rule of law that laws must apply to broad categories of people and must not single out individuals or groups for special treatment. The power of parliament to “isolate people for rewards, punishment or different treatment,” he said, is dangerous and must not be countenanced in in Ghana, stating, “We must not traverse that path”. “Even though the Bill is well intentioned, it sets a very bad precedent; it treats equally situated persons differently; it creates bitterness for families in similar situations who are hardly recognized; and it affects the collective morale of service personnel,” he observed. Prof. Asare has thus urged President Akufo-Addo to be firm in this matter by reiterating his commitment to the rule of law, which abhors discrimination.
The bill was introduced in Parliament Tuesday, October 24 in fulfilment of President Nana Akufo-Addo's promise to the family of Major Mahama, a military officer lynched by a mob in Denkyira-Obuasi now New Oboase.
The late Major Mahama was murdered in May 2017 after residents of the Central Region town allegedly mistook him for an armed robber.