Professor Henrietta J.A.N. Mensah-Bonsu, a member of the Ayawaso West Wuogon Commission of Inquiry, has refuted claims the commission failed to see to the implementation of its recommendations.
According to her, it was not the duty of the commission to chase people to implement its recommendations.
Professor Henrietta explained that once a commission had submitted its report to the authority that assigned it, the commission becomes ‘functus officio’, that is, its mandate has expired and it has no power to push for its recommendations to be implemented to the letter.
For the purposes of education, functus officio refers to an officer or agency whose mandate has expired, due to either the arrival of an expiry date or an agency having accomplished the purpose for which it was created. When used to describe a court, it can refer to one whose duty or authority has come to an end: “Once a court has passed a valid sentence after a lawful hearing, it becomes functus officio and cannot reopen the case.”
She made this known when she appeared before the Appointments Committee of Parliament yesterday to go through a vetting process regarding her nomination to the Supreme Court.
Professor Henrietta Mensah-Bonsu, together with three others, was nominated on March 19 by the President to replace justices on the Supreme Court bench who are due for retirement.
Per constitutional requirements, the four have to be taken through a vetting process by Parliament to determine their eligibility as Supreme Court judges.
The vetting process commenced Monday, May 11, and ended yesterday, May 12, with the law professor being the last to face the eminent members of the Appointment Committee, chaired by First Deputy Speaker, Joseph Osei-Wusu.
During the vetting, Alhaji Suhyini, Member of Parliament (MP) for Tamale North, sought to know why the White Paper watered down some of the recommendations of the Emile Short Commission, of which the Professor Henrietta was a member.
He said: “Let’s look at another national assignment you were given; the Ayawaso West Wuogon Commission of Inquiry. Your report was highly commended by many institutions and many well-meaning Ghanaians, and I also would want to say that it was a good job.
“But the government White Paper and the implementation of some of your recommendations seem to have been watered down, perhaps what your far-reaching recommendation intended to make. Is it a disappointment for you given the work you put in as a member of the commission?”
The Professor, in response explained that, “When you serve on a commission to advise the president you are guided by law. The rules say that when you hand in your report you are functus officio. So it is not your duty to go chasing people to implement.
“It becomes property that honourable members like you should follow up, not the commission. The commission doesn’t exist anymore, it is functus officio. And it is like when a, for example, judge takes decision in the court, the judge may have really sweated over the decision, it goes to an appeal and it is reversed, the judge doesn’t hold a press conference to complain. That’s the nature of it.”
Mr Suhyini then asked the nominee if she would have wished for the better. The nominee responded: “Well, when you give the advice, you hope that it is taken. What I know of an advice is that those who want it don’t need it, and those who need don’t want it.”
The post We can’t force gov’t to implement our report -Henrietta Mensah-Bonsu appeared first on The Chronicle Online.
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