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A Compromised Judiciary; a threat to National Security

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Wed, 30 Sep 2015 Source: Baffour, Frank Kyei

It’s alarming how some of our judges who are the last hope for justice in the law courts could stoop so low to exchange justice for pecuniary benefits.

The video shows that some sold justice for foodstuff, livestock, sex and this is really disturbing. What comes in mind if people whose job requires "high moral character and proven integrity’’ as enshrined in the 1992 constitution of the republic of Ghana could choose ephemeral gain over the ethics of their jobs? The answer is a reduction in the level of trust in the judiciary to nothing and stripping it of its sacrosanctity.

Factually, the judiciary is not the only arm of government which is neck deep in corruption. The executive and the legislature are not innocent of corruption so are other sectors of the country blameless as far as corruption is concerned.

Over the years, some Ghanaians have perceived judges to be dishonest and accused them of taking money and other gifts only to give false rulings. Though this had appeared an allegation to many, the substance of it has come to light by the videos of Tiger Eye PI team which has exposed some of them.

Fascinating in its own right, premiering of the video triggered myriad of controversy. It was surprising to many Ghanaians why some members of the bar and bench sprung to the defence of these corrupt judges. While others commended the investigative journalist and his team for exposing the corrupt judges, others condemned them and concluded that it was criminal on the part of the team to have persuaded these judges with money.

Others also expressed concern about how this video could get to the international media and bring Ghana’s judiciary into disrepute after it has been premiered. Others even needlessly questioned the source of funding of such investigation by the ace investigative journalist, Anas Aremeyaw Anas.

Justice Derry, one of the judges who was captured in the video sued Anas and his tiger eye PI team in an attempt to place an injunction on the premiering of the video and the venue, Accra International Conference Centre.

This however became an exercise in futility when it was premiered on the 22nd of September this year after he withdrew the case in court.

It’s not so surprising that, the judges could get a group of people to defend them staunchly regardless of the crime they committed. It tells us how society sometimes takes for granted wrong deeds and see nothing wrong with corruption.

In the video in which these corrupt judges were captured, a thirteen year old girl was defiled but the accused was not detained because justice was sold cheaply while armed robbery cases were also thrown away in exchange for money. Narcotic drug dealers were also freed because huge sums of monies were paid to pervert justice.

If these criminals continue with such acts with impunity, those who fall victim to such crimes are susceptible to attacks. The other aspect which calls for concern is, those who blow the whistle for such criminals to be arrested or summoned are put in danger when these criminals are freed for crimes they committed.

This therefore, damages the courage of the whistle blower and the judiciary only becomes a conduit for perpetrating crime .This tells us that, our security as citizens of this country is threatened if some members of the judiciary can be compromised.

It is interesting to note that Justice Dery one of the corrupt judges who was captured in the video has not shown remorse for such disgraceful and repugnant act. He freed a narcotic drug dealer and took goat and huge sums of money as compensation and seems not to be shameful of such corrupt deed.

To those members of the bar and bench who insisted Anas committed a crime and should be brought before the law only to conclude that those ‘’innocent’’ judges who the camera captured were persuaded should come again. I summon them before the defence table to address the following questions.

If indeed these judges are people who consistently hold to their integrity would they have gone to such an extent to exchange justice for mere currency? If these judges are really honest and think of the well being of the innocent, would they not have thought of firmly holding on to their fiduciary duties?

If human conscience alone could tell them that, punitive measures would be issued against them when caught in such acts, would they have thrown the ethics of their jobs into derision? If any of those who defended them have any of their family members or themselves falling victims to such criminal acts, wouldn’t they have accused these corrupt judges of such crime? Why were others who were captured in camera by this same investigative journalist sometime ago had no one to defend them but the judges, their registrars and clerks being defended? The fact is that wrong is wrong, no matter who commits it and should be accepted by those who continue to defend the corrupt judges. The anchor of justice must hold in the storms of persuasion and should not drift no matter the circumstance.

Needless to reiterate, corruption is not alien to Ghana nor is it associated with the judiciary only. We only don’t have to create an enabling environment for it to thrive by issuing punitive measures against those who get involved and put strict controls to reduce it drastically or eradicate it.

These judges have sentenced people who are innocent of certain crimes and freed hard core criminals who become a threat to our security. The video in which the judges were captured is a solid evidence to reach a conclusion on how some of them could go to an extent of putting their interest above that of the nation.

It should not end there, they should be dealt with accordingly to serve as a deterrent to upcoming judges and those who might be in such acts but were not caught. Again, this may also put fear in those who have plans of getting themselves in such acts. We should all find a way as citizens of this country in fighting against corruption at any corner we find ourselves.

Despite the concern expressed by some Ghanaians that judges should not be trusted at all, the fact remains that the entire judiciary is not corrupt and all those in the judiciary should not be lumped together as so. The camera also captured some judges who never compromised regardless of how ‘’juicy’’ the gifts were.

This presupposes how some have distinguished themselves and shown how they are deeply rooted and firmly grounded in the ethics of their jobs. It puts some modicum of hope in the judiciary. Even if these corrupt judges show remorse and continue to carry out their duties, what will come into the minds of people who are involved in cases they lord over?

Obviously, they may perceive them to be same even if they are no longer into such acts. The chief justice should take this issue seriously and address it in a manner which will bring sanity in the judiciary to restore hope. Until the bad ones are weeded out, the judiciary’s credibility is still at stake.

FRANK KYEI BAFFOUR

frakyeb@gmail.com

Columnist: Baffour, Frank Kyei