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Democracy Watch Vol. 8, No. 2 May 2009 1 Newsletter of the Ghana Center for Democratic Development 28 Democracy Watch Volume 8, No. 3 June 2009 IN THE ANNALS OF DEMOCRATIC TRANSITIONS ISSN: 0855-417X In his January 7, 2009 inauguration at post during the transition period, also speech, President Mills promised the sent signals that the transition would be nation that he would “hit the ground smooth and free of needless In this issue running”. It remains a matter of public recriminations. It was therefore debate whether the President has something of an unpleasant surprise to delivered on that first promise. What see the amity and cordiality that The repetitive handwringing is beyond debate, however, is that this characterized the initial transition period over ex-gratia awards has been an extraordinarily eventful vaporize. ... ....Page 4 transition. There was indeed reason to expect a Governance by press release Considering the bitter partisan rivalry smooth handover of power. First,this ... .... Page 5 and incidents of localized violence that was the second time in the last eight nearly marred the 2008/9 elections, years that one ruling party government the subsequent transition from the New was handing over power to a rival party The 2009 ministerial approval Patriotic Party (NPP) administration following the former’s defeat at the polls. process ... .... Page 6 to the National Democratic Congress There was therefore a precedent to (NDC) administration began on an follow and even improve upon. Second, The NDC’s first 100 days in office encouragingly positive note. earlier reports indicated that the ... ....Page 7 Ghanaians were treated to the members of the Kufuor administration comforting sight of the outgoing had been busy preparing their handing- President Kufuor giving the incoming over notes several months ahead of the Yawning transparency gaps in President and his Vice President a anticipated transition, aware that, the emerging framework for the personal tour of the newly-built regardless of the outcome of the governance of Ghana’s oil sector presidential office complex. As soon December 2008 elections, the Kufuor ... ....Page 9 as the elections were over, the administration would be replaced by a outgoing and incoming administrations new one. These optimistic expectations promptly constituted and announced and suppositions regarding the transition EDITORIAL TEAM their transition teams. The NDC were, however, short lived. In a sense, transition team was led by Mr. Paul the transition atmosphere had been Editors-in-chief Victor Obeng, a leading figure in the rendered disagreeable from the outset E. Gyimah-Boadi party better known as a technocrat by the raft of ill-advised and H. Kwasi Prempeh than as a party “hawk”. The NPP team controversial eleventh-hour executive Guest Editor was led by the outgoing Chief of Staff decisions taken by departing President Cyril K. Daddieh to the president and the supreme gate- Kufuor, notably across-the-board Members keeper for that administration, Mr. increases in the salaries of public officials Nana Ama Agyeman Kwadwo Mpiani. The initial meetings and, especially even more Kojo Pumpuni Asante between the two teams were controversially, the granting of “free, Victor Brobbey reportedly cordial. Some of the early absolute and unconditional pardon” to Theodore Dzeble decisions from the Presidency, notably some former functionaries of the NDC Audrey Gadzekpo the directives to District Chief government who were then on trial, Democracy Watch is published with funding from Executives and the top brass of the appealing their convictions, or had the German Development Service (DED) armed forces and the police to remain already served their sentences. These CDD-Ghana... partisans for democracy and good governance 2 included Mr. Kwame Peprah, Mr. Ibrahim Adam, Dr. preliminary findings, controversially announced at a public George Sipah-Yankey, Ms. Sherry Aryitey, Mr. Dan hearing, suggested some impropriety on the part of the NPP Abodakpi and Mr. Tsatsu Tsikata. Not surprisingly, the officials involved in the celebrations, including Kwadwo pardons were immediately rejected by some of the named Mpiani himself. Mpiani, in turn, accused the NDC transition beneficiaries, while others claimed that it proved the political team of witch-hunting and trial by media. He announced nature of their prosecutions. At any rate, it immediately that he would no longer cooperate with the NDC and that produced the latest batch of Ghana’s “prison graduates” the NPP would refuse to co-sign the final transition report. with all the implied political martyrdom. That largely brought to an inglorious end what had started as a smooth transition following Ghana’s second electoral The NPP also began to voice concerns about the turnover. composition of President Mill’s various sector-specific transition teams, which featured a good many personalities The 2009 transition raises a slew of disturbing issues. Firstly, associated with the erstwhile Provisional National Defence it is immediately clear that hardly anything had been done Council (PNDC). Fears of a return to the authoritarian to address the problems that arose during Ghana’s first and militaristic methods of the past were heightened by the transition from one elected administration to another. A lot actions of some over-zealous “National Security” operatives of nasty and avoidable developments in the 2009 transition in forcibly confiscating, in dramatic fashion, vehicles in the were simply repeats of 2001 events. The actions of the possession of certain NPP members on suspicion that they newly democratically-elected Mills administration recalled belonged to the state. Some NPP officials, including the much of the same intemperate use of power and disregard former flagbearer of the party, Nana Akufo Addo, as well for due process on the part of the newly democratically as some private citizens such as a senior official at Barclays elected Kufuor administration: the hiring and firing of high Bank, were crudely, and arguably unlawfully, dispossessed government appointees by radio announcement and the of their vehicles in the process. Though the President’s frequent NPP government requests for certain officials to secretariat later issued verbal apologies in the media to “go on leave,” including the particularly unsavoury incident those whose vehicles were wrongfully seized, these of the former Auditor-General being arrested on a Sunday incidents significantly poisoned the atmosphere of the while at a mass in church, taken home and house-searched transition. The NPP accused the NDC of politically- (lamented upon in Democracy Watch Vol.2, No 1, 2001). motivated harassment, while the NDC insisted that they Surely, it should be possible for civility to prevail in Ghanaian were merely attempting to account for and repossess transitions in this democratic age. The real test of vehicles that they believed belonged to the state. The tense democratic statesmanship is in how those who hold power situation was exacerbated by loud protestations from ex- use it in dealing with friends and foes. President John Rawlings that President Mills was not acting swiftly and firmly enough to stamp his authority on the Seemingly “normal” but arguably legally dubious decisions governmental machinery and replace certain holdovers and actions were also taken by the transition committees. from the Kufuor era. In a move that appeared to lend Apart from triggering confrontations and challenges, by credence to suspicion that Rawlings might be exerting undue revoking appointments and summoning heads of influence or pressure on the new administration, the Mills government agencies to account for their actions, the Government quickly announced that the Chief of Defence Transition Committees announced decisions and actions Staff and the Inspector General of Police were to step down. that are properly the prerogative of the President and duly- The appointments of all of the previous government appointed Ministers of State. The appointment of an acting representatives on the district assemblies were similarly Inspector General of Police and a Chief of Defence Staff revoked, as were those of the past government’s appointees before a new Council of State had been constituted also to the boards of state-owned enterprises. raised questions of constitutional import. The souring of the political atmosphere and the trading of The apparently government-sanctioned “car-snatching” and accusations and counter accusations by the two sides had the summary dismissals, as well as the unilateral seizure of an adverse impact on the business and progress of the privately operated public toilets and lorry parks by NDC transition teams and committees; they became more party supporters and the ensuing partisan vitriol may have discordant and ‘inquisitorial’. This culminated in the provided the drama for the 2009 transition. But they were acrimonious hearings on the “Ghana@Fifty” celebrations really mere symptoms of much deeper gaps in Ghana’s at which the NDC members of the transition committee democratic practice and culture – i.e. the failure to formalize requested the Auditor General to review the accounts of and institutionalize Ghana’s transition process. The absence the organ created to manage Ghana’s Golden Jubilee of clear guidelines to govern the transition process in a independence celebrations. The Auditor-General’s democratic political order certainly contributed to the power Democracy Watch Vol. 8, No.