He writes: Understanding the Legal Distinction in the Chairman Wontumi Road Contract Issue.
The 1992 Constitution of Ghana makes a clear and deliberate distinction between civil and criminal matters. Article 19(11) of the Constitution explicitly states that “no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed by law.” This provision serves as a legal safeguard, ensuring that no Ghanaian is subjected to criminal prosecution unless the alleged act is clearly defined as a crime under Ghanaian law.
In the specific case involving Chairman Wontumi and the road contract, it is important to emphasize that if the issue at hand is simply a breach of contract that is, the failure to fulfill the terms of a contractual agreement then it falls squarely under civil law, not criminal law. In such instances, the proper course of action is for the aggrieved party to seek redress in a civil court, where remedies such as compensation or specific performance can be pursued.
A matter only becomes criminal when there is concrete evidence of fraud, misappropriation of funds, or deliberate criminal intent. It is only under such circumstances that investigative bodies such as the Economic and Organised Crime Office (EOCO) become relevant. EOCO’s mandate centers on investigating and prosecuting organized crime, money laundering, and financial misconduct not routine civil disputes.
The current behavior of the National Democratic Congress (NDC) in this matter raises serious concerns. It is either that the NDC lacks a proper understanding of the law, or they are deliberately misrepresenting the facts to mislead the public. Both possibilities are deeply troubling. Ghana is a democratic state governed by the rule of law, and it is essential that all political actors uphold the integrity of our legal system by addressing issues professionally and lawfully.
The misuse of state institutions for political witch hunting undermines public trust and erodes the democratic values we have worked hard to build. Let us remain committed to due process and allow the appropriate legal channels to deal with matters of this nature fairly, transparently, and without political interference.
*Wilson Donkor is the Deputy Organiser. TESCON-KNUST.
