Lungu, one time again you have wasted your silly time to present a stupid article that has no tincture of sense in it.
Lungu, one time again you have wasted your silly time to present a stupid article that has no tincture of sense in it.
KBK 8 years ago
I can see Prof Lungu overtaking Francis Kwarteng in stuipidity very soon with his useless postings.
I can see Prof Lungu overtaking Francis Kwarteng in stuipidity very soon with his useless postings.
Dr. SAS, Attorney at Law 8 years ago
The defenses being put out there by those exposed judges, as well as comments made by their lawyers and supporters are ridiculous, to say the least.
There are those who are resorting to the criminal defense of entrapment. ... read full comment
The defenses being put out there by those exposed judges, as well as comments made by their lawyers and supporters are ridiculous, to say the least.
There are those who are resorting to the criminal defense of entrapment. But common law entrapment means that the individual defendant is being prosecuted for a criminal offense and he is defending himself by saying that he had zero predisposition to commit the crime in the first place; that his prosecutor did not merely offer him the opportunity to do what he regularly does, but rather induced the person in some legal sense to commit the crime. In this context, inducement presumes some persuasion or even coercion, if not utter blackmail. To commonplace criminals, the defense of entrapment does not exist. And even for those genuinely entrapped, the defense itself rarely succeeds because of the complexity of its core elements. The existence of the slightest predisposition to commit the crime is fatal to the defense of entrapment.
For example, are we here dealing with innocent people who are unwary, or patent criminals who are unwary? Methinks it is the latter and not the former. Beggar the question in this instance where we see rogue judges actually negotiating bribes and discussing how to let off dangerous criminals. These facts, coupled with the audio and video evidence cobbled together by Anas Aremeyaw Anas, are per se sufficient to build a case of a pattern of criminal behavior to which those judges are both susceptible and familiar. Thus were they to face criminal charges at some future time, these judges cannot defend themselves by invoking entrapment. If the police see a prostitute walking in the street and mount a stint operation in which they feign interest in her services and later arrest her, the prostitute cannot mount a defense of entrapment. She has been doing the crime all the time.
Worthy of particular notice is the fact that entrapment is a defense in criminal law, and not a cause of action under any law. Therefore one cannot infer that even if he was entrapped, then his entrapper has committed any crime. The extent of the defense, even if it succeeds, is to disallow the particular piece of evidence obtained through it in the prosecutorial proceedings.
This is to clear the air about those making the risible outcry that Anas should be arrested and tried for entrapment.
Also risible are those asking for the adducement of further evidence before the judges should be indicted. I don’t see what other evidence these citizens are looking for. There is an expression in law known as “Res ipsa loquitur” which simply means the thing speaks for itself. We have audio and video recordings and transcripts of judges discussing, negotiating and transacting in payola both in their offices and also in public places. The only correct defense any of these captured individuals can raise is mistaken identity. Because once their faces and voices are seen and heard and certified in connection with the illegal transactions, they are all toast under the law. Their actions speak for themselves, and they must be prosecuted under the full rigid rigor of the law.
Also ridiculous is the idea put out by others that their privacy was invaded, and that Anas did not have their permission to video-tape the transaction or take their pictures or publicize their crime. I think these are trying to take refuge in the privacy laws called public disclosure of private facts; or illegal appropriation of one’s image for one’s benefit; or even shedding false light on a person’s image; or unreasonably intruding upon a person’s seclusion or solitude. But unless a person is totally ignorant of the law, he or she cannot raise these issues as defenses, since they are all civil claims and not defenses in criminal cases. These are all public officials involved in petty criminalities for which any good citizen has the right and responsibility to record them or even cause their arrest. Moreover, no criminal can seek cover under the aegis of the privacy laws, otherwise the murderer who kills in the secrecy of his house gets to invoke the laws of privacy to cover his actions even if somebody records the person performing the act. Finally, those privacy laws constitute a plaintiff’s cause of action in civil suit, and have nothing to do with defenses against any criminal conduct.
And so any of the defenses being raised by those errant judges and their lawyers are per se ridiculous and feeble, and can only emanate from those who are so used to skewing the laws of the land in their favor that they have now become immune to all realities.
PS: Agreeing with Prof. Lungu is easier if the subject is not Nkrumah.
In that context, I can even ignore his cheap shot about " our loud-mouth resident lawyers".
Here, he does not possess sufficient analytical or legal tools, but his general drift is right.
Kudos to Prof. Lungu.
Prof Lungu 8 years ago
Dr. SAS, Attorney at Law,
Thanks for your comment!
You will agree with yourself on Nkrumah, if you will be true to yourself!
Looks like you have enough here to publish on this important matter.
We thought it was i ... read full comment
Dr. SAS, Attorney at Law,
Thanks for your comment!
You will agree with yourself on Nkrumah, if you will be true to yourself!
Looks like you have enough here to publish on this important matter.
We thought it was important to express our opinion on the matter on account of the nonsense we've been hearing from some lawyers in Ghana.
In fact, the latest is coming from IMANI's Franklin Kudjoe about the "law" only he seems to see and know!
So, our "loud-mouth" was not intended as a shot at any prices. It was intended to elicit a response on this crucial matter facing Ghana.
YOUR: "...Here, he does not possess sufficient analytical or legal tools..."
WE SAY: That one, actually is the cheap shot.
In the first place, we said we are not lawyers already. Even so, one does not have to be a lawyer to have "legal tools".
Further, it should not mean we are also ignorant of the "laws". In fact, if we must put it in context, we've taken and passed several law courses over the years.
So, you do conflate "analytical" and "legal". They ("analytical" and "legal") are not complementary, nor is the one always required with the other.
Greetings, and kudos to you tool!
Yaw Agbavitor 8 years ago
90% of judges and 95% of police men and women in Ghana are corrupt and criminals, whiles some of the police men and women extort money from innocent drivers on the roads
and barriers, the judges also take bribe money befor ... read full comment
90% of judges and 95% of police men and women in Ghana are corrupt and criminals, whiles some of the police men and women extort money from innocent drivers on the roads
and barriers, the judges also take bribe money before they adjudicate innocent people cases at the courts.this country needs prayers seriously else the future will be horrible.
Prof Lungu 8 years ago
This is serious business!
Our essay, again, was published by Ghanaweb without the embedded graphic that complements the text.
Get a copy of the final paper at www.GhanaHero.com/FOIB:
SEE UNDER....
OTHER MATTER O ... read full comment
This is serious business!
Our essay, again, was published by Ghanaweb without the embedded graphic that complements the text.
Get a copy of the final paper at www.GhanaHero.com/FOIB:
SEE UNDER....
OTHER MATTER OF INTEREST TO GHANA
>HOT-Get Up - Anas Judgment Day Has Arrived! (26Sep15)
www.GhanaHero.com
Prof Lungu 8 years ago
Correction!
34 Judges, Not 22!
ITEM: Much of the news talk about 34 judges who have been implicated. Out of the 34, 2 had retired before Anas submitted his case to the Chief Justice.
However, the numbers we found onl ... read full comment
Correction!
34 Judges, Not 22!
ITEM: Much of the news talk about 34 judges who have been implicated. Out of the 34, 2 had retired before Anas submitted his case to the Chief Justice.
However, the numbers we found only add up to 31, namely:
No Name Type
1 John Ajet-Nasam Justice High Court
2 Paul Uuter Dery Justice High Court
3 Kofi Essel Mensah Justice High Court
4 Charles Quist Justice High Court
5 Ernest Obimpeh. Justice High Court
6 Mustapha Habib Logoh Justice High Court
7 Gilbert Ayisi-Addo (Saddam) Justice High Court
8 Frank Opoku Justice High Court
9 Ivy Heward Mills Justice High Court
10 Kwame Ohene Essel. Justice High Court
11 Yaw Ansu-Gyeabour (Rtd) Justice High Court
12 Mohammed Iddrisu (Rtd) Justice High Court
13 Florence K. Ninepence Otoo Circuit Court
14 Alex Obeng Asante Circuit Court
15 Emmanuel K. Sunu Circuit Court
16 Benjamin Y. Osei Circuit Court
17 Baptiste Kodwo Filson Circuit Court
18 Issac Akwetey Circuit Court
19 Albert Zoogah Circuit Court
20 Courage Ofori Afriyie Circuit Court
21 Seyram Tsatsu Yao Azumah Circuit Court
22 William Baffoe Magistrate
23 Michael Boamah Gyamfi Magistrate
24 Paul K. Alhassan Magistrate
25 Stephen Asuure Magistrate
26 Kaakyire Atta Owusu Magistrate
27 Alfred K.A Mensah Magistrate
28 Frank Kingsley Oppong Magistrate
29 Samuel Ahaibor Magistrate
30 Isaac K. Amoah Magistrate
31 Jacob Amponsah Magistrate
In addition, another report mention a group of approx. 100 people, among them judges and clerks, implicated in the sting by Anas, the investigator.
Peace!
DONBOLI 8 years ago
Giving money to Judges and MPs to do things in their favour is not a crime. Nobody can bribe the Law if the defenders of the Law are in place.
Who are those who catch these criminals without good evidence. Ghana Police and ... read full comment
Giving money to Judges and MPs to do things in their favour is not a crime. Nobody can bribe the Law if the defenders of the Law are in place.
Who are those who catch these criminals without good evidence. Ghana Police and Crime Prosecute Service is the only big problem we have in Ghana. If ever Ghana is able to fix these two problems Bribery and Corruption will end.
We are Ghanaian and happy to give to somebody who help us, stop calling it bribing.People do not take bribe unless they know the will succeed. It is is weak evidence the Police gives to the Courts.
Judges are not in Court to defend the Law, they are in Court to hear the Evidence and Judge. If the Police Evidence is weak the Judge know and can take a bribe for that. Other other hand if the evidence is strong they normal tell you they cant help.
YAW 8 years ago
I don"t want to sound rude or abusive but stop behaving like someone who have taken a breeze of insanity!
I don"t want to sound rude or abusive but stop behaving like someone who have taken a breeze of insanity!
Prof Lungu 8 years ago
Say that again. Yaw!
Can't figure out what DONBOLI is saying!
Sure sounds insane to us too!
Say that again. Yaw!
Can't figure out what DONBOLI is saying!
Sure sounds insane to us too!
Kofi Ata, Cambridge, UK 8 years ago
Prof Lungu, sometimes when I read what is attributed to Ghanaian lawyers, I wonder what legal books and case laws they read. The entrapment defence is laughable and very disturbing that High Judges are themselves have the sam ... read full comment
Prof Lungu, sometimes when I read what is attributed to Ghanaian lawyers, I wonder what legal books and case laws they read. The entrapment defence is laughable and very disturbing that High Judges are themselves have the same view. It's an illegal defence should not be entertained.
What is worrying is the fact that, the state through the Attorney General is not taking immediate steps to set aside the judgement by these corrupt judges and arrest the illegal beneficiaries of the miscarriages of justice for retrial. Is it because they still misguidedly believe that prima facie case is yet to be established? What else do they want to see in addition to the faces of judges negotiating and taking bribes as well as deliberately giving misleading or wrong rulings to set criminal free?
Again, why are the judges not being investigated by the police in readiness for criminal prosecution? Ghana is a joke.
Prof Lungu 8 years ago
Kofi Ata, Cambridge, UK,
We understand perfectly that a lawyer has right to defend his/her client publicly in these cases. What we do not understand is the threats these lawyers are hurling at citizens whose only interest is ... read full comment
Kofi Ata, Cambridge, UK,
We understand perfectly that a lawyer has right to defend his/her client publicly in these cases. What we do not understand is the threats these lawyers are hurling at citizens whose only interest is to understand what actually is going on within that system.
YOUR: Again, why are the judges not being investigated by the police in readiness for criminal prosecution?
WE SAY: That, we do not understand.
In fact, we learned that on of the Justices who sits on the cases with the Chief Justice was actually in Kumasi attending the annual GBA conference. You would think that is not th most important use of time considering what was in Accra waiting. As a result, they had to postpone an appearance by Anas.
We are thinking the CJ could have have done better!
Seems to me authorities ought to have already collected old cases handled by those judges to prevent "subterfuge".
Thanks.
YAW 8 years ago
This bit is from Observation on the pernicious practice of Law;
There is danger of lawyers becoming powerful as a combined body.The people should be guarded against it as it might subvert every principle of the Law and es ... read full comment
This bit is from Observation on the pernicious practice of Law;
There is danger of lawyers becoming powerful as a combined body.The people should be guarded against it as it might subvert every principle of the Law and establish a perfect aristocracy...This order of men should be annihilated.
YAW 8 years ago
I genuinely think that loud mouth "airy-fairy" lawyers like Ndebugry and co are of the opinion that crime is committed by the peasants and punished by the educated elites. To them, Ghanaian judges, like mountain gorillas, are ... read full comment
I genuinely think that loud mouth "airy-fairy" lawyers like Ndebugry and co are of the opinion that crime is committed by the peasants and punished by the educated elites. To them, Ghanaian judges, like mountain gorillas, are to be protected at all cost. How on earth can they plead "entrapment" on behalf of learned and better informed judges? Their chucklesome and absurd judicial argument speaks volumes.
Prof Lungu 8 years ago
As we are reading your comment, we are looking at an image of the CJ. At bottom of the photo is: "No judge is above the law - CJ".
We hope she has done some advance planning so those lawyers and their clients cannot succee ... read full comment
As we are reading your comment, we are looking at an image of the CJ. At bottom of the photo is: "No judge is above the law - CJ".
We hope she has done some advance planning so those lawyers and their clients cannot succeed with end-runs around her, and her resolutions!
Lungu, one time again you have wasted your silly time to present a stupid article that has no tincture of sense in it.
I can see Prof Lungu overtaking Francis Kwarteng in stuipidity very soon with his useless postings.
The defenses being put out there by those exposed judges, as well as comments made by their lawyers and supporters are ridiculous, to say the least.
There are those who are resorting to the criminal defense of entrapment. ...
read full comment
Dr. SAS, Attorney at Law,
Thanks for your comment!
You will agree with yourself on Nkrumah, if you will be true to yourself!
Looks like you have enough here to publish on this important matter.
We thought it was i ...
read full comment
90% of judges and 95% of police men and women in Ghana are corrupt and criminals, whiles some of the police men and women extort money from innocent drivers on the roads
and barriers, the judges also take bribe money befor ...
read full comment
This is serious business!
Our essay, again, was published by Ghanaweb without the embedded graphic that complements the text.
Get a copy of the final paper at www.GhanaHero.com/FOIB:
SEE UNDER....
OTHER MATTER O ...
read full comment
Correction!
34 Judges, Not 22!
ITEM: Much of the news talk about 34 judges who have been implicated. Out of the 34, 2 had retired before Anas submitted his case to the Chief Justice.
However, the numbers we found onl ...
read full comment
Giving money to Judges and MPs to do things in their favour is not a crime. Nobody can bribe the Law if the defenders of the Law are in place.
Who are those who catch these criminals without good evidence. Ghana Police and ...
read full comment
I don"t want to sound rude or abusive but stop behaving like someone who have taken a breeze of insanity!
Say that again. Yaw!
Can't figure out what DONBOLI is saying!
Sure sounds insane to us too!
Prof Lungu, sometimes when I read what is attributed to Ghanaian lawyers, I wonder what legal books and case laws they read. The entrapment defence is laughable and very disturbing that High Judges are themselves have the sam ...
read full comment
Kofi Ata, Cambridge, UK,
We understand perfectly that a lawyer has right to defend his/her client publicly in these cases. What we do not understand is the threats these lawyers are hurling at citizens whose only interest is ...
read full comment
This bit is from Observation on the pernicious practice of Law;
There is danger of lawyers becoming powerful as a combined body.The people should be guarded against it as it might subvert every principle of the Law and es ...
read full comment
I genuinely think that loud mouth "airy-fairy" lawyers like Ndebugry and co are of the opinion that crime is committed by the peasants and punished by the educated elites. To them, Ghanaian judges, like mountain gorillas, are ...
read full comment
As we are reading your comment, we are looking at an image of the CJ. At bottom of the photo is: "No judge is above the law - CJ".
We hope she has done some advance planning so those lawyers and their clients cannot succee ...
read full comment