Effah-Darteh defends himself

Says was discharged at courtmartial

By Bismark Bebli | Posted: Monday, December 03, 2007

THE DISQUALIFIED Presidential hopeful of the ruling New Patriotic Party (NPP), Captain (Rtd) Nkrabea Effah Dartey, has expressed strong reservations that his party used a minor offence as a yardstick to disqualify him from contesting the presidency.

He said he was not charged with any high treason or treason but rather with an offence of mutiny, adding that he was later acquitted and discharged of that offence.

“I was charged with the offence of mutiny, which is a military offence and not a civil offence. I was not charged with ‘high crime’ of ‘high treason or treason.’ Thank God I was acquitted and discharged of that crime,” he said.

Addressing a press at Kasoa in the Central Region prior to the mammoth rally, which he hoped he would be given a platform to speak as a presidential aspirant on appeal, Hon. Effah-Dartey contended that in the second instance, he was also charged with the offence of misconduct.

This, he interpreted to be a “conduct to the prejudice of good order and discipline” which he said is purely military and has nothing to do with civil milieu.

According to him, conviction for a military offence of misconduct can in no way fall under the provision of offence involving the security of the state.

The visibly worried, disqualified aspirant indicated that he could not run away from his past since it formed a part and parcel of his experience in life. He, therefore, noted that since the offence was a case of misdemeanor, it was later annulled while he was reinstated by the defunct Provisional National Defense Council (PNDC) regime.

He said there was no record to prove that indeed, he was arrested and convicted for any criminal offence.

Giving a third reason to the nagging issue, Capt (Rtd) Nkrabeah Effah Dartey said, “My third answer is that just by the Grace of God, the PNDC in full session took a decision to declare null and void the conviction and sentence imposed upon me; they went further to grant me a full and absolute pardon for the avoidance of doubt; and they reinstated me into the Armed Forces as a Lieutenant and later promoted me to the rank of Captain.”

Effah-Dartey, who said he would consult his advisers on the way forward should the party uphold its earlier decision, said, after the National Chairman, Mr Peter Mac Manu had told him about the interim report, he immediately appealed and attached to the appeal the sworn affidavit of Lawyer Assassie Gyimah.

“Finally, looking back now, I find it interesting to say that the State or Government at the time treated my case not as a state case but as a purely military affair which had nothing to do with the security of the state.”

He told the press that after he had submitted his appeal with all the necessary documents, Mr Peter Mac Manu assured him that the national leadership of the Party will hold an emergency meeting to deliberate on the appeal and give a decision.

Effah Dartey thus maintained that he was disqualified on the basis of a mere military misconduct, adding, “It is minor offence and I don’t understand why I should be disqualified on that basis,” he said.

He recalled how he was moved with tears when someone called him from Wa in the Upper West region to say “Captain, God is not asleep,” when he and 47 others were arrested.

Asked whether he would be going to court to pursue his disqualification from the race, he said he would listen to his advisers and well-wishers in the supreme interest of the NPP.

Responding to whether he would demand a refund of his ¢250million, the disappointed aspirant noted that his interest was not in the money but rather to clear his name and lead the nation. “My interest was not about material things. It is not about any benefits but I want to leave a legacy of principles and help contribute to the welfare of the people.”

“If my advisers say I should go to court, why not, I would go,” he said. That notwithstanding he dismissed any malice in his disqualification. Instead, he said his disqualification has given him a wide publicity which he would not have gotten so easily.

“Since Friday 30th November 2007, my phone has been jammed with endless calls, mostly by media practitioners seeking my version of current developments. My aim in this conference is to let you know the present state of affairs from my point of view,” he emphasized.

He continued, “On Friday 16th November 2007 I filed my completed nomination forms to contest the flagbeareship of the NPP. On Wednesday 28th November 2007 I appeared before the Vetting Committee, which questioned me on all aspects of the Nomination Form,” adding, “On Friday 30th November 2007 at about 11:00am I was summoned to reappear before the Vetting Committee. They asked me to state what the nature was of the trial that led to my conviction and sentence. I explained it to them, as far as I could recall.”

The aspirant went on to say that on that fateful day, he received a call from the party’s National Chairman, Peter Mac Manu, who informed him that he had received an interim report from the Vetting Committee. “He told me I had 48 hours to react to the report of the Committee, which said I had not satisfied the requirements of the national constitution. I went from his office to see my lawyers, and they prepared an appeal for me against the report of the Vetting Committee. I enclosed an affidavit when I appeared before the General Court Marshal in 1981.

I then sent the appeal to the General Secretary Nana Ohene Ntow at 7pm on Friday 30th November.”

Accordingly, he underscored that the qualifications for being a Member of Parliament are different from being a President, stressing that even though lapse of time and/or pardon for criminal offence can enable one to contest to become a Member of Parliament, it was not so in the case of President.

Effah-Dartey was therefore optimistic that he would get a favorable response from the leadership of the party. “If they turn down my appeal I will see what I can do,” he concluded.