GBA Declares War On Corruption

PRESS STATEMENT: GBA’S Declaration Of War On Corruption IN THE JUSTICE DELIVERY SYSTEM OF GHANA AND THE BLACKLISTED LAWYERS

September 30th, 2011

The Forum for Governance and Justice (FGJ) wishes to formally react to the declaration of war on corruption in the justice delivery system of Ghana by the President of the Ghana Bar Association (GBA), Mr. Frank Beecham.

The FGJ believes that a mere declaration of war on corruption, public education and the setting up of a complaints unit by the GBA to take complaints concerning issues of corruption, presumably, to ensure that offenders are brought to book, will not change the current state of our deeply worrying justice delivery system. Only bold and practical measures will bring about the positive change needed to salvage the collective image of those involved in the delivery of justice.

While the FGJ welcomes the GBA’s public admission that Ghana’s justice delivery system is replete with corruption, the only logical reason based on which Mr. Beecham has declared war, we are disappointed by his claims that “…the many accusations of corruption in the Judiciary had become louder and more abusive…”

It has and will always be the position of the Forum for Governance and Justice that the Judiciary holds the key to the survival, growth and development of our democracy and our society. However, we must all agree that the Judiciary as a human institution is not naturally immune to corruption. Equally, the Judiciary is not above reproach, like any other public institution in Ghana.

We have no choice but to observe what most agree is a contradiction in light of the GBA’s declaration of war on corruption in the justice delivery system. The GBA in publicly acknowledging that corruption is a canker in the judiciary has provided no evidence to substantiate its claims. In so doing, the GBA has vindicated our position that its four members blacklisted by the so-called AMJG did no wrong.

Yet, the GBA continues to side with the AMJG, an association with no capacity to operate in Ghana, against some of its own members for making similar statements to the effect that there is corruption in the Judiciary.

If the GBA wants the good people of Ghana to take it seriously, it can start by doing the right thing: ask the so-called AMJG to withdraw its bogus complaint at the General Legal Council against the said lawyers – Dr. Raymond Atuguba, Abraham Amaliba, David Annan and the late Larry Bimi.

The FGJ hereby calls on the GBA to outline a comprehensive plan of action as well as provide details on how it intends to work with stakeholders in the effort to fight corruption in the justice delivery system. The GBA can not expect to make any gains in its war if it does not take into account the fact that corruption in any justice system, including ours, takes many forms and involves a wide range of actors; bribes, theft of public funds or property, favoritism for friends or family, political interference, criminal extortion, or hierarchical pressures within the judiciary.

As its contribution towards improving the justice delivery system of our nation and in fulfillment of its goal to influence the growth of democratic culture, social transformation and the delivery of justice, the Forum for Governance and Justice will like to propose the following for consideration by stakeholders, especially the GBA, Office of the Chief Justice, The Ghana Judicial Service, The Attorney Generals Office, the Ghana Police Service and the Judicial Council:

1) Set up an independent enquiry inviting members of the public to submit complaints about corruption within the justice delivery system. Such a committee should include representation from key stakeholder including civil society organisations and should hold hearings in all regions of the nation. Those citizens of Ghana willing to come forward should be given immunity to encourage them to submit complaints about corruption within the judiciary.

2) Institute measures to ensure that corrupt Judges and Magistrates are duly punished. Judges and Magistrates who enrich themselves through the wrong channels should be prosecuted and not just dismissed or asked to resign.

3) Ensure that the independence of Judiciary is absolute. Certainly, the ability of an association (called the AMJG with no capacity to operate) to influence which lawyer a Judge or Magistrate should accept or not accept in his/her courtroom compromises the independence of the judiciary.

4) Encourage the Chief Justice of Ghana to focus solely on the home front. The primary responsibility of the Chief Justice is to the people of Ghana as outlined and mandated by the 1992 constitution. Given the challenges facing the administration and delivery of justice in Ghana, it is only fair that the Chief Justice ignores enticing appointments by other nations to enable a focus on rendering service to the citizens of Ghana.

In conclusion, it is our hope that the GBA will do the right thing by coming to the aid of its surviving blacklisted members. We also hope that the GBA will use its influential position to support and promote the suggestions we have made as part of its own declared war against the canker of corruption in the justice delivery system.

Signed Dr. Clement A. Apaak Convener, Forum for Governance and Justice - Ghana 020 011 7620

Dr. Samuel C. K. Buame Co-Convener, Forum for Governance and Justice - Ghana 024 469 3353