Esseku defends Chief Justice, Attorney-General

The Statesman) -- The NPP National Chairman, Harona Esseku, has described as unfortunate the fact that the judicial saga over Tsatsu Tsikata and the Fast Track division of the High Court has degenerated into a political battle and intimidation of the judiciary.

“We consider the call by the NDC on the Chief Justice to resign or decline to consider the review as a clear demonstration of interference in, and compromising the independence of the judiciary.

“We believe that the government, represented by the Attorney-General, has a constitutional right to seek a review of the Supreme Court’s ruling, especially in view of the ruling’s implications on our attempt to apply modern records and case management systems to facilitate the delivery of justice,” he noted.

On February 28 the Supreme Court, by a 5-4 majority held that the Fast Track Court was unconstitutional. The NPP chairman sees the ruling as having the potential to cause severe and extraordinary consequences on the administration of justice. It is, therefore, only proper that all legal processes are duly exhausted, through for instance, the request to the Supreme Court to reconsider its view.

The Supreme Court, he said, has on several occasions been called upon to review its ruling whenever a party in a suit feels aggrieved and it is the “mark of our democratic maturity that we seek to resolve this constitutional issue by using all due processes available. “The Chief Justice in his wisdom decided to empanel all available justices in the Tsikata suit for which reason we believed there were only limited options for the review process,” said the party chairman.

Harona Esseku expressed concern about the undue politicisation of the ruling that has the likely effect of imputing purely political motives for genuine attempts to entrench the democracy, rule of law and independence of the judiciary.

“It is hoped these processes will not be misconstrued as “packing the court,” whatever that means, or governmental interference, since the present government has not derided the previous NDC government for appointing the present ten Justices of the Supreme Court, who in all fairness have demonstrated remarkable independence and maturity in their conduct as expected of them and any other Justices who may be appointed to the Supreme Court when the need arises,” the NPP chairman added.