Attorney General Ghartey: Delusions and Elusiveness

Attorney General Joe Ghartey: Delusions and Elusiveness of Professionalism, Legality, and Ghana-Centered Ethical Standards

"We as the custodians and enforcers of the Constitution need to constantly remind ourselves that the achievement of the concept of access to justice depends heavily on us in the way and manner we administer justice" ? Mrs. Justice Sophia O. A. Adinyira, Supreme Court Judge, Ghana.

There are two corners here. There is the Justice Adinyira corner. And there is the Attorney General Joe Ghartey corner.

Many people will probably agree that the Attorney General is the second most powerful person in Ghana, whether he does his job or not. The point is, if the AJ does his job, he is in the Justice Adinyira?s corner, the people?s corner. If he does not do his job, he is in the corner of the shady and corrupt people in the government. Sadly, the Attorney General of Ghana is at that other corner, far way from the people?s corner. That other corner sees no corruption, hears nothing, and so does nothing. And it is from that corner that we hear ?Corruption is Perception? and the ?You Cannot Do us Nothing? talk. And so when they get a corruption case docket, they put it in a shoe box and forget about it.

But the reckoning is here!!

The recent case regarding the denial by the Attorney General that he had a BNI docket in his custody, when he in fact that docket had been is his custody 13 months, should be reason enough for those advocating the split of the Attorney General?s position into two (Head of the Ministry of Justice versus Head of the Government?s lawyer) to think hard and fast. It is not a useful proposal, even if it is supported by the head of the Ghana Bar Association (GBA). The advocates of the split are being defeatist, if you ask me. The problem has more to do with a lack of will to enforce the rule of law, lack of professional competence, and ethically-challenged personal standards. These are abetted by lack of commitment by the President of Ghana to lead in the fight against official corruption and sundry abuses of power.

In professional terms, the Attorney General of Ghana has run afoul of his professional, legal, and constitutional responsibilities as ?The? State?s Lawyer. Joe Ghartey is doing permanent harm to Ghana than some of the others who take 10% from contracts. Many people are of the opinion that he needs to be relieved of his duties immediately and a more professional and independent prosecutor/lawyer brought in to assist in solving problems at Justice. That is the useful, Ghana-centered course of action. Let the GBA and all other challenge the President to the right thing. Call the President?s bluff, even, now that he seems to be interested in the performance of public service employees.

Before all this, it had befuddled me what was important to this Attorney General. What had higher priority over anything? For instance, why must Joe Ghartey pretend CHRAJ is his ?prosecuting arm? where serous offences against the people are suspected/reported?

Now, the answer is suddenly becoming clearer!!

Still, there are several questions for Mr. Joe Ghartey now that he really is alive with his admission that he?s had the ?corruption docket? for more than 13 months, as charged by the BNI. The general question remains what was the last thing Mr. Joe Ghartey did ?to support efforts aimed at enhancing freedom and justice, the rule of law and to deepen democracy in Ghana,? for which he took the oath of office?

SPECIFIC QUESTION FOR JOE GHARTEY:

1. Ghacem/Scansem ? Why has he not packed his bags and gone to Norway or is that considered a ?perception? of corruption?

2. Asset Declaration Law enforcement ? Why lack of Enforcement and public reports, if only to say where we are with respect to the filings?

3. 1000?s of cases of CITIZENS under remand in prisons for weeks, months, even years, CITIZENS who have never seen a judge. Why deprive citizens citizenship and how much suffering can you allow?

4. Sheepishly accepting CHRAJ findings of ?No Recommendation? as fact and neglecting to investigate independently ? Why must CHRAJ be your investigative division? Is it part of the game, to pass the buck?

5. MOB VIOLENCE - Failure to issue strong condemnations and prudent public policy statements about rampant Mob Violence and to underscore that there is no ?Justice? in ?Mob Violence.? Why?

6. SEE NOTHING - Failure to issue strong condemnations against official corruption and abuse of power

7. DO NOTHING - Failure to warn that perceptions of corruption are grounds for investigation of all activities associated with each person the source of those perceptions of corruption

8. THE DOCKET-GATE - What happened to the missing docket all those 13 months, the one from the BNI? What are your priority cases for prosecution, and where does this case fit with respect to you priorities for the people of Ghana?

9. THE DOCKET-GATE EXTRA ? How many more dockets are in your office that have been with your office more than three months, why, and what is your program to resolve this unconscionable back-log of cases?

10. Freedom of Information Bill (FOIB) ? Why is it that your office cannot come our quickly with a Ghana-centered FOIB without the jumbo jet-sized loopholes for politicians and other high level government officials?

ITEM: The reckoning has now arrived for Joe Ghartey and the President of Ghana. The buck is now in the President's saddle. Let the President show all the people that he is serious about addressing the corruption, nepotism, and abuse of power madness. He can start by replacing Attorney General Joe Ghartey with someone more professional and independent. When the President does that, we are sure even elementary school children will understand and their parent will know that Ghana is in deed in a new age!!

Then there is the small matter of the Freedom of Information Bill (FOIB). Digest this!! The draft FOIB was proposed by now-discredited Attorney General Joe Ghartey. Joe Ghartey?s denial and confession are some of the things a Freedom of Information Bill is intended to "sunshine," quickly. Needless to say, the current draft FOIB is bogus and opportunistic. It is full of loopholes and has too many exemptions. That bill needs to be strengthened, quickly, before it is passed. The good news is even three small groups of 2nd and 3rd law students can do the job within two weeks, with requisite supervision, of course!

Over to you, Mr. President!! The people of Ghana have been waiting needlessly. Hope you recognize that there are significant costs to these pointless and needless delays.