SAMPSON TAGBOR FUMES OVER JUDICIAL INTEGRITY UNDER THE CURRENT ATTORNEY GENERAL, GODFRED DAME

                           Story by; Prince Lumor

Sampson Tagbor

The 1992 Constitution of Ghana establishes the Judiciary of Ghana and just like the other organs of government, the Judiciary must exercise its functions in the supreme interest of Ghanaians and not satisfying some political egos and appointing authorities. 

We live in a country where citizens are constantly expressing great worry over a seemingly judicial bias in the justice delivery by our judicial system. One would have thought that the vanguards of the country’s judicial system such as the Attorney General (A.G), the Judicial Service and the Ghana Bar Association (GBA) would underscore the need to reverse the situation and build back the needed public trust in the Judiciary architecture rather than engaging in unrefined gatekeeping attitude and hostility towards genuine concerns expressed by senior Ghanaian citizens like the Former President, John Dramani Mahama, the National Security Minister Albert Kan-Dapaah, His Majesty Otumfuo Osei Tutu II among others. 

The harmless comment made by the Former president President, John Mahama is not different from similar concerns expressed by other high profile Ghanaians and credible institutions in their attempt to draw the country’s attention to the flippant unfairness and glaring bias that has engulfed the Judiciary in recent times, and the need for authorities to make a reasonable decision in addressing the impasse. 

While acknowledging that the former President’s comment was a genuine call on the conscience of duty bearers to act swiftly to redeem the deteriorating image of the Judiciary, the National Security minister, Albert Kan-Dapaah went ahead and emphasized the need for a fair justice system. The minister in His statement at a ceremony, cautioned judges that if the interpretation of the law is always tilted in favor of the NPP all the time, people will start to accuse the Judiciary of bias and will not have the needed confidence in our justice delivery system as ought to be the case. That was a remark coming from no less a person than the one appointed by President Nana Akufo-Addo to be in charge of the country's national intelligence gathering configuration. Question is, why is the A.G and the president not perturbed about the security concerns raised by the national security minister, but instead, finds it very convenient to go berserk and unjustifiably attack the former president over similar warning? 

What about the comment made by His Majesty Otumfuo Osei Tutu II on Monday, November 20, 2017 at the then Golden Tulip Hotel in Kumasi to the effect that the revered chief and seasoned lawyer sought to establish the unfairness and irrationality between the judgement served those who stole goats and those who invaded the courtroom with powerful security and released suspects, putting the life of the judge and the staff in danger? Is that harmless call not enough to suggest that something fundamental was and is still wrong with our judicial system, and by that our justice delivery?

These are critical issues that bothers much on national security, the peace of this country and the A.G must be interested in finding a lasting solution to the growing impasse, rather than engaging in pettiness and political shenanigans.

The Judiciary is not under any attack, it’s rather the conduct of some elements and the disposition of authorities like the A.G within the setup which is worrying and needs to be addressed. The functions and activities of the Judiciary are views and conscious decisions made by the ordinary Ghanaians as adjudicative principles as contained in the 1992 Constitution, a bidding document the NPP establishment was never a part of its birth. Those ordinary Ghanaians reserve the right to safeguard the sanctity of the same Judiciary that took them time, resources and hard work to put together.

Need I remind the A.G and apprise him with the fact that President Nana Akufo-Addo has appointed lawyer Ernest Yao Gaewu who was the NPP parliamentary candidate for Ho Central constituency in the 2016 election into the high court? Clearly, there is a real likelihood of bias in judicial practice and it is one of the numerous incidences under review. 

While principles are timeless, methods need to be under constant review and checks to protect the dignity, fairness and effectiveness of the court and the judicial system of Ghana. 

The A.G can not have the luxury to grandstand on this hot-button issues of judicial integrity, instead of proposing well thought through policy reforms and codes of conduct targeted at redeeming the fast deteriorating image of the Judiciary and putting same on a better footing.

It’s an unfortunate reality that has been established under this government, that authority is the truth. 

No! Authority is not the truth, truth is the only authority and the truth is that, the image of the Judiciary is not encouraging under President Nana Akufo-Addo and by extension, the current Attorney General.

The A.G should not be petty enough to speak ill of people who are calling for a benign collaboration and effort to safeguard the integrity of the judiciary. Because the perception of judicial bias is a recipe for chaos and Ghana is not ready to embark on that counter productive journey