The `Shakespearians’ among us will recognise the borrowed phrase from Shakespeare’s `Merchant of Venice’ story as the theme of this article. In that story the loan shark, Shylock, demanded a pound in weight of the flesh of his enemy, Antonio, for loan repayment default as per agreed contract, in a Court of Law. Shylock’s real interest was to inflict pain and death on his enemy rather than renegotiate the terms of the loan contract. Hence, he insisted on the performance of the contract terms to the letter; and refused an offer that was three times the size of the outstanding loan from a third person, Bassanio. In effect, Shylock was beyond persuasion from claiming his legitimate right to a pound of Antonio’s flesh!
The presiding Judge granted Shylock’s wish, but made it clear to him that in the process of removing a portion of his enemy’s breast, Shylock should ensure he didn’t cut an ounce more or less than the pound stipulated in the loan contract. The Judge further instructed the plaintiff not to spill blood, since the contract terms was silent over blood spillage. Shylock, a believer in the letter of law, was in a fix, at that pronouncement by the learned Judge; since it is impossible to cut the flesh of a warm-blooded mammal without spilling blood.
Antonio and his supporters were ecstatic because the contract was no longer enforceable for practical reasons. The defendant’s supporters acknowledged the wisdom of the lawyer, Portia, with the catch phrase `` A Daniel has come to judgement’’ for persuading the Court to make the above ruling. They borrowed the catch phrase from Shylock, who first used it, when the court proceedings initially appeared to be going his way, with Portia emphasising Shylock’s legal right to enforce compliance of the terms of the contract.
`Daniel’ is now surfacing the Justice System in Ghana, and should be a source of comfort for those of us who believe in the rule of Law. There have been some important legal landmark rulings against the `high and mighty’, who walk the corridors of power in Ghana today; which suggest the independence of the judiciary has not yet succumbed to political machination by those who wield power. The BNI contempt for the law and actions outside their power that culminated in the seizure of citizens’ passports; and drew condemnation from a Competent Court of Law is a case in mind. The Appeal Court’s quashing of the default judgement against Mr Dramani, the MP for Bawku Central, following the Accra High Court poor adherence to the due process of the Law is another remarkable decision. They are encouraging news for citizens to turn to the law for the protection of their rights.
These judicious judgements by independent Judges demonstrate that the Justice system is far more resilient to politicisation than other public institutions and deserves credit. They have gone a long way to restore faith in the Judiciary. I draw comfort from the mature and independent dispensation of justice by these honourable Judges, who understand the danger of playing to the tune of powerful state organs and arm-twisting government agents. The Judges have shown some steel that I thought was absent in Ghana public institutions; by holding their own and not abdicating their responsibility of being the last line of defence for the proper functioning of our infant democracy.
I raise my hat to all those ``Daniels’’, who have made their presence felt in our Justice system and hope they will continue to deliver justice in a fair and equitable manner without fear or favour. Felicitation!
Kwaku Frimpong
