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Senior police officer alleges malice and prejudice in controversial arrest ordered by Chief Justice

Chief Justice Gertrude Torkornoo and other Supreme Court justices

Wed, 24 Jan 2024 Source: www.ghanaweb.com

In response to recent online publications detailing his arrest during court proceedings at the Supreme Court in November 2023, a senior police officer and lawyer, Assistant Commissioner of Police Akolgo Yakubu Ayamga, has issued a detailed rejoinder.

The arrest, which took place on November 14, 2023, was prompted by Ayamga's reported impassioned outburst, including yelling at Chief Justice Gertrude Torkornoo and other Supreme Court justices.

Ayamga's account, as outlined in his rejoinder, challenges the accuracy of the media reports, emphasizing certain nuances and key details that were allegedly missed.

According to Ayamga, the incident unfolded during his presentation of a case before the Supreme Court, where he respectfully, boldly, and fearlessly presented his arguments.

However, a remark by Chief Justice Torkornoo, stating, "you are shouting," interrupted his presentation, leading to an order for him to resume his seat.

The disagreement escalated after the Chief Justice allegedly made offensive remarks, questioning Ayamga's competence and professionalism. In response to these remarks, Ayamga asserts that he calmly and respectfully disagreed, prompting the Chief Justice to order his arrest.

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Ayamga was promptly arrested by a subordinate police officer, escorted outside the courtroom, and unlawfully detained for about two hours, according to his account.

Ayamga contends that his arrest had nothing to do with his disagreement with the Court's judgment, as initially reported in the media. He argues that a mere disagreement with a judge's off-judgment disrespectful remark should not warrant an arrest, stressing that he submitted to the arrest without obstruction.

Ayamga claims that the arrest was influenced by a rush of anger, prejudice, and malice on the part of the Chief Justice, constituting an abuse of judicial power.

"Presumptions aside, a respectful and fearless disagreement with off judgment remark of a judge is not a criminal offence to trigger arrest and detention. The arrest was unconscionable, irrational, unfair and without due process from the perspective of a reasonable, fair-minded and informed independent person.

"The arrest was merely influenced by a rush of anger, prejudice and malice aforethought which constitute impropriety or abuse of prestige judicial power by the Chief Justice," the prosecutor stated in his rejoinder.

To address the alleged abuse of power, Ayamga has lodged a complaint with the Commissioner of the Commission on Human Rights and Administrative Justice (CHRAJ) to investigate the incident and the alleged subsequent cover-up by public officers.

Read the rejoinder below:



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Source: www.ghanaweb.com