I Never Intended To Disparage Judiciary- Afreh

I have read with consternation your editorial in the 7th May - 13th May, 1997 issue of The "Independent" entitled The Justice Afreh Shocker.

I have a lot of respect for The Independent but I think in this case it was wide off the mark. You read into what I said more than what I intended. Your editorial gives me an opportunity to explain what was reported by the Chronicle. The report has acutely embarrassed me and caused damage to the judiciary. So allow me some space to comment on it. At the meeting Prof. Kofi Kumado read an erudite paper on the Courts and the Protection of Human Rights. In it, he analysed and criticised several judgements of the Superior Courts, especially the Supreme Court. He also condemned old cases like Lardan's case and Re Akoto. When I was asked to comment on the paper I categorically refused to comment on his criticism of the Judgements he discussed in the paper. But I felt I should say something about factors that may affect decisions of the courts. I mentioned several of them. Almost casually, I said judges are also human beings and can be influenced by the atmosphere in which they work. I do not remember the exact words I used but I do not think I put it as badly as the report of the Chronicle or your editorial makes it appear to be. However no useful purpose will be served by cavilling about that. When I said judges could be influenced by the general atmosphere in which they work I had in mind what has happened to the judiciary since Ghana's independence. It is well known that judges did not feel secure during the first Republic and some of the decisions might have been influenced by the general atmosphere in which they were delivered. My contribution was intended to make participants draw lessons from the past. I never intended to and did not disparage the present judiciary of which I am a part. May be I did not express myself as precisely as I should and I am sincerely sorry for any wrong impression I might have created. I never argued that the performances of our present judges are influenced by job security and promotions. Surely I could not have possibly argued that Supreme Court judges were influenced by promotions since there is no higher place for them to go to and most of the judgements discussed by Prof. Kumado were Supreme Court decisions. I do not think it is fair to conclude from what I said that our fledgling democracy is under a threat from the government.

It is not. This government has never to my knowledge threatened any judge with dismissal or denial of promotions. Since I became a judge I have handled a few "political" cases. Never has anyone from the government tried to influence me. In my view the present government has not done anything to threaten the independence of the judiciary. It has never defied any court order. The government has treated the judiciary with respect and allowed judges to do their work in accordance with their judicial oath and consciences. No government in my experience has done more in recent times to improve the living and working conditions of judges and other judicial officers, as manifested by provision of cars, the repair of the Supreme Court Building in Accra and provision of better facilities.

The fact that since 1993 several decisions have gone against the government and most of the controversial decisions of the Supreme Court have been by a majority show that judges are free to come to their own decisions. I must also say that the courts deal every day with human rights cases under different guises such as bail. They do so to the general satisfaction of those who appear before them. So I cannot see the inadequacies you talked about or how the courts have sunk low; in whose estimation?

By D.K. Afreh Justice of Appeal

Source: Ghanaian Independent