Give deadline to judges and lawyers - US Attorney
Accra (Greater Accra) 03 March 2000
Mr Henry Kwesi Prempeh, a Washington-based Attorney, on Friday called for the imposition of administrative deadlines at the courts.
He said the imposition of three months for the trial of cases before the courts would remove red tape in the judicial system.
Mr Prempeh was speaking at a roundtable discussion on the Criminal Procedure Code (Amendment) Bill organised by the Centre for Democracy and Development (CDD) in Accra Thursday.
The main objective of the bill is to amend the Criminal Procedure Code, 1960 (Act 30) to provide adequately for criminal procedure in respect of juveniles and young offenders. The bill also revises fines and deals with some miscellaneous matters.
Among those present were attorneys, legal experts, academicians, journalists and representatives from Parliament and the National Commission on Children.
Others were from the Commission on Human Rights and Administrative Justice, the Faculty of Law, University of Ghana, Legon, Attorney General's Office, National Media Commission.
Mr Prempeh said the deadline principle should apply to juvenile, electoral and other matters.
He suggested that if a case is not completed within three months, it should be disposed of.
He recommended that special provisions be made to prevent the abuse of the proposed deadline principle.
Under the present constitution, the power to enact laws is vested in Parliament and not the Attorney General, he said and expressed surprise that the Attorney General has been quoted as saying the criminal code would be repealed over his dead body.
"Legislators must make laws and not just pass laws."
The Attorney observed that Parliament is constrained in performing its effective function because it lacks resources, personnel and research and has little access to information.
He said the combined Westminster and American system of the government being practised had made the executive arm of the government more powerful and in control of these resources.
Mr Prempeh noted that not much had been seen in Parliament about initiating a private member's bill, adding that parliament has the power to entertain private members' bills.
He called for special treatment for children and juveniles in criminal cases, saying that young persons should be treated less harshly in criminal cases.
The lawyer also called for a critical look at death sentences for pregnant women.
Mr Justice N. Y. B. Adade, former Attorney General and Minister of Justice, who presided, said under the current system, a private member's bill must have the support of the government.
However, the way Ghana implements the party system is hampering law initiation by Members of Parliament as they could easily be thrown out if they do not have the support of the government.
Mrs. Beatrice Duncan, a Children and Gender Consultant, said women must be responsible for their actions and the law must not discriminate against them or be in favour of them.
She called on the government to provide adequate resources to the Social Welfare Department and other bodies responsible for the upkeep of correctional centres to enable them to discharge their duties efficiently.
Dr. Kofi Quarshiga of the Faculty of Law, University of Ghana, Legon, said the courts must not hold parents responsible for the actions of their children.
He said this would lead to the criminalisation of parents who do not have financial resources to pay fines imposed on their children.
GRi../