Lawyers Pursue Judge To His Grave

Two renowned legal practitioners are tightening the screws around the neck of Circuit Court judge Justice Daketsey in a latest application for prohibition. The writ of prohibition filed by Lawyers Kwame Owusu Asamani and Ekow Amua Sekyi in the Human rights division of the High Court will be heard today. The writ is seeking to put a stopper on the chambers of Justice Daketsey from hearing a criminal case lodged against them.

Justice Daketsey was last October convicted on contempt charges after he tried to hear the criminal matter in flagrant disregard of the orders of a superior court which had ruled that the circuit court should not hear the case after a proper directive of the Attorney General.

Now, the lawyers are arguing that Justice Daketsey may habour bias against them since he was convicted of contempt for continuously hearing the case for four months though there was an order that it should not be heard. They claim that the attitude of Justice Daketsey clearly shows that he wants to abuse the rights of the lawyers to free trial.

The lawyers are praying the court to bar the circuit judge from hearing the matter and issue an order that a new judge is appointed to handle the case. On 2nd November 2009 when Justice Daketsey was set with his guns blazing to hear the criminal matter, the lawyers went a step further in stretching the law to its elastic limit by obtaining a restraining order pending the hearing of an application for prohibition.

The lawyers are facing charges of fraud and forgery. The case was lodged by Mr Kwame Opoku, a former business partner of Mr Edward Agyekum, a son of former president Kufuor.

The lawyers have denied the charges.

In the matter where the Circuit Court judge was found guilty of contempt of court, Justice Daketsey pleaded presiding judge Justice Ofosu Quartey to forgive him. This is the first time in Ghana where a sitting judge has been convicted of contempt charges.

Contempt of court is said to be a quasi-criminal matter where those convicted are to serve prison terms but in the case of Justice Daketsey, the law was slightly bent. According to arguments adduced in court, judges are not supposed to be sued during the course of work.

That was however countered by lead counsel for the two lawyers, Lawyer Agalga. He argued that the General Law of Contempt from England from which Ghana has derived copious application and the basis for contempt proceedings, it is provided that the High Court can convict inferior court judges for disobeying its orders.

The High Court also has the power to restrain the lower courts from hearing matters if it deems fit for the general course of justice to be served, he said. With guilty verdict of contempt around the neck of Justice Daketsey, legal luminaries have posited that that situation will affect the honourable judge if it comes to promotion within the judicial service.