RE: Ghana’s Judiciary Is Corrupt -US State Department

I want to comment on a story with title “Ghana’s Judiciary Is Corrupt -US State Department” carried by ghanaweb.com on 24th August, 2010 authored by Peter Kojo Apisawu [http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=188952]. I must first indicate that am not a lawyer hence my commentary on this story might be far from a lawyer's point of view but its common sensical.

The story I must accurately posit has come at a time the ruling NDC party is at the throat of judges, accusing them of corruption, political bias amongst other unwarranted descriptions. These rancorous attacks from NDC party on the judiciary are mainly because the Attorney General (AG) has lost many “high profile cases” involving members of the erstwhile government. Indeed these strings of lost cases also comes at the background of a shocking promise made by the AG that “I WILL JAIL KUFOUR’S MEN” last year when NDC supporters were calling for her dismissal for dismal performance. The motive of the initial press conference held by the NDC was to show support and solidarity for the AG who has come under fresh attacks from supporters of the NDC because of a high court ruling that set free Kwadjo Mpiani and Dr. Wereko Brobbey who were standing trial for causing financial loss to the state when they managed the Ghana@50 celebrations. It must be indicated that, the two were set free on technical grounds and not acquitted on of those charges. The AG gave the strongest indication right after the discharge she will appeal against that ruling, hence what many discerning democrats who believe in the rule of law expected was for the appeals process to start. I must indicate that, I am one of those who want justice to prevail in this matter so that it cures the lies, deceit and propaganda going on. I am on of those who hold the view that the comments made by the NDC that they will “clean” the judiciary were unwarranted, unfortunate and unbecoming of a ruling political party. I don’t know why the NDC sometimes find it difficult to adhere to simple democratic procedures in achieving their political objectives. It is about time the NDC purges itself of the dictatorial, lawless and undemocratic tendencies. A case in point is the ever growing lawless behavior of its supporters who illegally take possession of anything that belongs to the state or threatens state officials to the extent that a presidential nominee in a municipality was declared “wanted, dead or alive”. What is striking and most shocking, is the fact that not a single “criminal” amongst these known lots has been arrested and prosecuted. When Ghanaians raise these matters of national security concerns, the NDC/government spokespersons quickly and easily remind Ghanaians of what some other political party did some years back. They conveniently forget also, that these were the same instances they cited which informed Ghanaians to vote that other political party out. Sometimes one wonders if the Better Ghana will ever be achieved if such excuses are given by government.

Let me steer back to the main topic. The story takes its authority from 2010 International Narcotics Control Strategy Report (INCSR) released by the US government. The report contains damning findings against the judiciary and the law enforcement agencies. The reports says “…corruption is pervasive in Ghana’s law enforcement community, including sections of the police and the NACOB. Despite the regular arrests of suspected narcotics traffickers, Ghana has a low rate of conviction, which many officials believe is likely due to corruption within the judiciary,” This is where my “unlearned” self have issues with the report and in fact the story. I gather from the above quote that the main reason for describing Ghana’s judiciary as corrupt as portrayed by the author of the story [Peter Kojo Apisawu ] is because of “low conviction despite regular arrests”. I must say am quite surprise at this observation by this US agency. The U.S is arguably touted as trail blazers in democracy and rule of law in the world. It is shocking they could describe OUR judiciary as corrupt based on “low conviction”. Conviction according to the Concise Oxford English Dictionary is “an instance of formally being found guilty of a criminal offence”. Let us be reminded of the dictum “innocent until proven guilty”. Let us also ask ourselves, how do judges pronounce a person guilty or otherwise? I was made to understand, that the prosecution/state must prove beyond reasonable doubt a person is guilty of a crime in a court of competent jurisdiction, that will be the only instance a conviction can be achieved if the rule of law and due process is anything to go by. Hence, if the prosecution who is being vigorously opposed by a defense attorney fails to prove a suspect is guilty of a crime then adherents of rule of law and due process can not expect a conviction. If a conviction is passed when there isn’t enough legal grounds then we are told that is “travesty of justice”.

So if Ghana has a low conviction for drug related crimes, there are many obvious reasons for this situation including poor investigations, poor prosecution, low human capacity, lack of evidence, inadequate resources for investigation etc. For this US agency to allude that corruption is the reason for low conviction is most unfortunate especially when it is come from a country that have practice democracy and rule of law for over 200 years. Unless of course, this US agency is suggesting convictions must equal arrests just because these are drug related cases. That will be an affront to democracy and the rule of law which the US is spending millions of dollars all over the globe to champion. Unless of course the author of the story did not present the full reasons for this conclusion, I hold this US agency can do a better job. My argument is not to suggest that there is no perception of corruption in the judiciary. In fact, I have never seen any judge take bribes but I have been made to unfortunately believe they do because of unconfirmed stories, movies, music etc. Therefore if this US agency wants to pronounce our judiciary as corrupt they must give us credible basis for alluding so than “low conviction”. It is refreshing the news that the judiciary is already engaging in activities that will cleanse itself of the perception of corruption as contained in the press release by the association of magistrate and judges.

In the story was refreshing news about improvement in the fight against drugs. Government must be commended for its efforts in fighting the drug trade. Statistics provided in the 2010 International Narcotics Control Strategy Report (INCSR) as contained in the story shows an improvement in the arrest. The drug trade is a serious issue we must depoliticize. All political parties and civil societies must assist state security agencies in fighting this crime. Reports from countries like Mexico, about the way drug gangs show total disrespect to law enforcement and human life are warning signs for us. I recall a report of drug gangs who robbed a police station in Mexico and injured many policemen. There was another report of a popular Mexican musician who was killed few hours after he had declared he was alive after earlier report that he had been killed by a drug gang.

There is no doubt all governments from independence have had challenges fighting the drug trade. There have been instances where diplomats, MPs, party functionaries, relations of government officials etc have been arrested engaging in the drug business. We must all fish out those characters amongst us who engage in this illicit trade. Ghana must ensure we do not get anywhere close to what is happening in Mexico.

Lastly, I will like to raise an issue with the author of the story. The title of the story might be well intended but I see the likelihood of it being used for mischievous ends. The story seems to confirm and emboldened NDC’s undemocratic desires of undermining the judiciary because the AG has being losing cases. Perceptions of corruption against the judiciary have been with us from Adam and it is not within the authority of any political party to cleanse [kill a cat] it. If any group has a case of corruption or bias against any judge, the basic law [constitution] of this country stipulates how to go about it. What I find intriguing about the NDC is their indecent haste to cast a slur on the any institution or anybody who corrects or disagrees with them instead of “looking inside the mirror”. To the extent that the Deputy AG could describe a judge as a drunkard is telling of the NDC’s mindset. Why does the NDC blame everybody and every institution for its self inflicted woes? We were just recovering from their tongue lashing of journalists [remember causing fear and panic?], and then clergy and now the judiciary. A decorated monkey is still a monkey!

I LOVE GHANA.

PATRIOT FAISAL IBRAHIM

Mobile_faisal@hotmail.com

0262232000

The author is an Associate Member of the Association of Business Executives, UK. He is also a blogger on facebook ( www.facebook.com/faisal.ibrahim1)