Minority
walks in and out during vetting of Justice Afreh
Parliament
amends Court's Bill
Accra
(Greater Accra) 19 March 2002- Parliament on Monday approved President John
Agyekum Kufuor's nomination of Justice Dixon Kwame Afreh, as a judge of the
Supreme Court of Ghana. Members voted 104 with two abstentions to approve his
nomination while the NDC minority abstained.
The
Appointment Committee screened Mr Justice Afreh earlier during which the
Minority refused to participate. Mr Freddy W. Blay, Chairman of the committee,
in a report told Parliament that members of the committee were impressed with
the nominee's intellectual and legal status.
He said Mr
Justice Afreh' s reputation and integrity as a jurist and a law-abiding citizen
of the country could never be put in doubt.
Mr Kwame
Osei Prempeh, NPP-Nsuta-Kwamang, said Mr Justice Afreh distinguished himself at
the public hearing of the Appointment Committee and wondered why he was kept
all this while from the Supreme Court. He proved that he was legally,
culturally, "and in fact very good in every aspect of life.
"He
has suffered so much injustice. If anybody says his appointment is ill timed,
the person would be underrating him. He is more than qualified for the Supreme
Court."
Mr Isaac
Adjei-Mensah, Deputy Minority Leader, said the Minority was not against the
person of Mr Justice Afreh, because they all knew his capabilities as a jurist.
"We are against the timing and circumstances in which he is being
appointed. He is being appointed to swell the number at the Supreme Court for
the review. Posterity would judge whether we did this on the principle of the
appointment or the person involved."
Mr Peter
Ala Adjetey, Speaker, asked the member to be circumspect in his pronouncement
since what he saying was filled with derogatory connotations. He said the
member's statement conveyed the impression that the Judge was a person, who
would lend himself to be used.
Mr
Adjei-Mensah said it was obvious that he would support the Fast Track Court
idea since he had been sitting on the court for some time.
Papa Owusu
Ankoma, Majority Leader, said there was nothing unconstitutional about the
nomination of Mr Justice Afreh. The people of Ghana gave their mandate to the
New Patriotic Party (NPP) to make decision on their behalf so those outside
could not dictate to the government. He said the government would under no
circumstance try to dictate to the Courts. "President Kufuor himself
believes in the independence of the Judiciary."
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Accra
(Greater Accra) 19 March 2002-Mr Justice Dixon Kwame Afreh, a nominee to the
Supreme Court, on Monday said there should be a major improvement in crime
detection and prosecution to rid the country of lawlessness and indiscipline that
tended to have adverse repercussions on the judicial system.
He said
spouse murder, serial killings, lawlessness including violent students
demonstrations and careless driving could drastically be curbed if the method
of crime detection and the law enforcement agencies were made efficient. Mr
Justice Afreh was answering questions before a parliamentary Appointments
Committee that vetted him for his appointment as a member of the Supreme Court.
On his
association with military regimes in the country's history, Mr Justice Afreh
said he was liberal minded and was asked to serve in various capacities at
places his services were needed but he declared; "never again should we
have a military regime in this country."
He
said; "never should students, who
go on demonstrations and destroy property be allowed to go scot-free. It should
be possible that those from 12 years and above should be held responsible for
their actions. Students, who destroyed property, should be surcharged for the
destruction caused.
"The
impression should not be created that one can get away after breaking the law
and this is where it is necessary to improve crime detection and enforcement of
the law to make the courts work easier and to avoid delays in the judicial
system".
He said the
accusation of perceived corruption against the judiciary could either be
misconceived or could sometimes be true but the essential thing was that
anytime judgement was given in a civil case the judge automatically incurred
the displeasure of the guilty party.
Again in
criminal cases there had always been prejudicial judgement arising from
publicity making the accused appeared already guilty before the public and when
a judge found the accused not guilty because doubts were raised during the
trial then the accusation of corruption of the judge would be made.
Referring
to the timing of his nomination when there were indications that he would be
sitting on a review of an earlier decision of the Supreme Court, Mr Justice
Afreh said the critics were not challenging his qualification and merit to that
office.
"There
has not been reference to my achievements, which could have addressed the fears
of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now
since my nomination. "I have qualified to be a member of the Supreme Court
and if today I am to go there then I console myself that this is the time for
me to go."
Mr Justice
Afreh said; "my nomination and if I am appointed would be a matter for the
future. I don't believe in crossing the
bridge before coming to it. My going to
the Supreme Court will not be whether it is appropriate for me to sit there or
not."
He
dismissed the claim that he was going to be at the court to be a judge in his
own court saying; "I am not an accused in the Fast Track Court case and a
party to any suit.
"Even
though, I was sitting at the Fast Track Court I don't think that constitute
grounds for me to be labelled as a judge in my own case. To be a judge in your own court means that
you cannot arbitrate in a particular case where you have interest."
Mr Justice
Afreh said except the Chief Justice, Mr Edward K. Wiredu and a few other
members of the Supreme Court all the rest of the justices have been his
students.
He said the
former Vice President, Professor Atta Mills, Kwamena Ahwoi and a host of
current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for
Kumbungu, who was leading a boycott by the Minority against his nomination,
have all been his law students.
Mr Justice
Afreh said he was told that he was nominated for the Supreme Court membership
in 1995, 1997 and 1999 adding; "I did not know why my nomination was
shelved. It was best known to others. It is now my time."
He said he
is a social democrat and that he believed that every child whatever his
parentage should be able to have education to the highest level and he abhorred
poverty, which abounded in the rural areas and sometimes felt sad for the poor.
It should be possible that there should be state intervention to reduce poverty
and to ensure that everybody had his or her due.
Mr Justice
Afreh said Alternative Dispute Resolution could be worked into the main
judicial system to ensure peace and reconciliation and at the same time it
should be possible to give legal backing to judgement from the traditional
authorities.
He said it
should be possible that the all the universities in the country could run
degree courses in law but what was important was that the Ghana Law School and
the library of the Supreme Court should be stocked with new books.
He deplored
the library condition at the Supreme Court saying it was difficult to carry out
any meaningful research there. Mr Freddie Blay, Chairman of the Appointments
Committee told the Ghana News Agency that the report on the nominee would be
ready on Monday and would be laid for approved by Parliament, which is
scheduled to rise "sine die".
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Accra
(Greater Accra) 19 March 2002- Mr Justice Dixon Kwame Afreh told the Parliamentary
Appointment Committee that except the Chief Justice, Mr Edward K. Wiredu and a
few others, the rest of the justices of the Supreme Court were his students.
Mr Justice
Afreh said he was told that he was nominated for the Supreme Court membership
in 1995, 1997 and 1999 adding; "I did not know why my nomination was
shelved. It was best known to whoever did that. It is now my time." Mr
Justice Afreh, a nominee to the Supreme Court, was answering questions before
the Committee that vetted him for his appointment as a member of the Supreme
Court.
He said the
former Vice President, Professor John Evans Atta Mills, Kwamena Ahwoi and a
host of current and former ministers and MPs including Alhaji Mohammad Mumuni,
MP for Kumbungu, who was leading a boycott by the Minority against his
nomination, had all been his law students.
Referring
to the timing of his nomination when there were indications that he would be
sitting on a review of an earlier decision of the Supreme Court, Mr Justice
Afreh said the critics were not challenging his qualification and merit to that
office.
"There
has not been reference to my achievements, which could have addressed the fears
of those MPs, who have declined to participate in my vetting. I have not been
comfortable for a week now since my nomination." He said he qualified to be
a member of the Supreme Court long ago "and if today I am to go there then
I console myself that this is the time for me to go."
Mr Justice
Afreh said; "my nomination and if I am appointed would be a matter for the
future. I don't believe in crossing the bridge before coming to it. My going to
the Supreme Court will not be whether it is appropriate for me to sit there or
not." He dismissed the claim that he was going to be at the court to be a
judge in his own court saying; "I am not an accused in the Fast Track
Court case nor a party to any suit.
"Even
though, I was sitting at the Fast Track Court I don't think that constitute
grounds for me to be labelled as a judge in my own case. To be a judge in your
own court means that you cannot arbitrate in a particular case where you have
interest."
Mr Justice
Afreh said Alternative Dispute Resolution could be worked into the main
judicial system to ensure peace and reconciliation and at the same time it
should be possible to give legal backing to judgement from the traditional
authorities.
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Accra
(Greater Accra) 19 March 2002 - The Minority members of the Appointments
Committee of Parliament walked in and out halfway during the vetting of Mr
Justice Dixon Kwame Afreh on Monday in House.
The
Minority had earlier threatened to boycott the vetting saying that the timing
of the appointment was inauspicious since the state was seeking a review of the
Supreme Court's decision that the Fast Track Courts were unconstitutional.
Mr Alban
Bagbin, the Minority Leader, accompanied by four other members took their seats
that were earlier occupied by other non-members of the committee. Mr Bagbin
after obtaining permission from the Chairman, Mr Freddie Blay, congratulated Mr
Afreh on his nomination and possible appointment to the Supreme Court.
Mr Bagbin
said the Minority was not against the nomination of Mr Afreh as a person.
"We don't have any grudge or a case against Mr Afreh. We were in the same
chambers together."
Mr Afreh
retorted; "you are one of the younger lawyers. I regard you as my
son," (Laughter). Mr Bagbin said; "I definitely regard you as a
father and congratulate you on your nomination."
He said;
"it is important to put on record that the Minority is not directing the
boycott against you in person. We are protesting against a bad precedent that
the government is setting that will affect the development of democracy.
"In
the letter of your nomination it was stated that you were being elevated to
enlarge the Supreme Court panel in view of the impending review of the decision
of the Supreme Court on the Fast Track Courts." If the practice were
allowed to continue then in future they would have to continue to add to the
number of Supreme Court judges anytime a review was needed, he said.
"We
want to let the people know that we are not part of that process. Our intention
to boycott is to raise the issue and not that we are not happy about you in
person but that we are sorry it is happening to you at this time." Immediately
Mr Bagbin finished his statement he walked out together with the four other
Minority members of the Appointment Committee.
Mr Justice
Afreh in an answer to a question before the Minority walked in expressed regret
about the boycott of his vetting by the Minority saying; "I would have
been happier if they were here to listen to me."
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2002 appropriation bill passed
Accra
(Greater Accra) 19 March 2002 - Parliament on Monday passed the 2002
Appropriation Act that gives the government the power to spend 16.3 trillion
cedis, its intended expenditure for the year.
The
Government would exhaust its expenditure on March 31 hence the Act. This year's
wage bill totalled 3.1 trillion cedis while Transfers to household including
Pensions, Gratuities and Social Security Fund climbed up to 713.3 billion
cedis.
Interest on
External debt tallied 919.2 billion cedis while government pays 2.1 trillion on
domestic debts. Principal repayment on external debt is 1.969 trillion cedis.
367.9 billion cedis would go into the District Assemblies Common Fund, 460
billion into the Road Fund and 329.2 billion into the Education Trust Fund.
Other
discretionary payments including VAT refunds, highly Indebted Poor Countries
(HIPC) Financed Expenditure and Utility Price Subsidies came up to 2.1 trillion
cedis.
In another
development, the House passed the National Reconstruction Levy (Amendment)
Bill. The bill seeks to explicitly exclude rural and community banks from
paying the levy.
Mr Yaw
Osafo Maafo said although the original bill sought to exclude the small banks
from paying the levy, the language of the law was not very clear on the issue. The
new bill also seeks to state that levy was different from the ordinary tax so
firms enjoying tax holiday could be eligible to pay the levy.
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Accra
(Greater Accra) 19 March 2002 - Parliament on Monday rose "sine die"
to end its First Meeting of the Second Session of the Third Parliament of the
Fourth Republic. The Speaker, Peter Ala Adjetey said the House would
tentatively reconvene on May 14 and congratulated members for their hard work
and co-operation.
He appealed
to the Minister of Finance, Mr Yaw Osafo-Maafo to present the preceding year's
annual budget to the House in the previous year in the month of
October or
November so that Parliament could have sufficient time to scrutinise the
revenue and expenditure of the government.
Mr Ala
Adjetey said he was aware that that had not been the practice for sometime now
but constitutionally that was what should be done and if the Minister of
Finance could go according to that it would be an additional feather in his
cup.
Papa
Owusu-Ankomah, Majority Leader, said during the meeting 80 papers were laid
including bills, Legislative Instruments and financial agreements and 11 bills
out of 17 were passed while five loans agreements were approved.
He said it
was due to the hard work of both the Majority and Minority that the House was
rising two weeks earlier than scheduled. Mr Isaac Adjei-Mensah, Deputy Minority
Leader, thanked all those, who made the work of the House a success adding that
because of the good working relations heated argument often ended cordially.
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Accra
(Greater Accra) 19 March 2002 - Parliament on Monday approved the amendment of
the Courts Act Bill which abolishes the operation of the Public Tribunals at
the levels of the lower courts.
The
amendment of the Bill is to restore criminal jurisdiction to the circuit courts
and criminal appeals from the lower courts to the High Courts. Mr Abraham
Ossei-Aidoo, Chairman of the Committee on Constitutional, Legal and
Parliamentary Affairs, presented the report on the Courts (Amendment) Bill
before Parliament.
He said the
provisions of the Bill were clear and most unambiguous in their intention and
generally sought to tidy up the court system following the abolition of the
tribunal system.
The Public
Tribunal system gained roots during the PNDC era with the passage of the Public
Tribunal Law (PNDC Law 78) in 1984. The law led to the establishment of
National, Regional, District and Community Public Tribunals.
Mr
Ossei-Aidoo said the Committee found out that the operation of the Tribunal
system, with its panel had been very expensive with no appreciable improvement
in the delivery of justice at the lower level of the judicial structure.
In 2001,
3.3 billion cedis was earmarked for the allowance of 710 Panel members with
about 2.78 billion cedis going to the 585 Community Tribunal Panel members. Mr
Ossei-Aidoo said it was also realised that there were a lot of delays in the
hearing of cases due to the absence of panel members while appointment of some
members became a problem in some district assemblies.
He said the
tribunal system of majority in decision-making whereby lay people could
override the views of the trained legal person (Chairman) also engendered
several problems for the coherent development of the law. The committee
proposed to amend Clause 5 (section 47) to enhance further the jurisdiction of
the District Courts to help decongest the Circuit and High courts.
Mr
Ossei-Aidoo said the Committee believed that if the tribunal system were
abolished from the lower courts and replaced by District Magistrates Courts
that were manned exclusively by lawyers, the justice delivery system in the
country would be made effective, efficient and cheaper to the people.
Nana Dankwa
Akufo-Addo, Attorney -General and Minister of Justice in a memorandum said the
Act sought to amend the Courts Act to replace the Community Tribunals with
District Courts.
He said it
clarified the provisions that related to offer of compensation or restitution,
to revise levels of jurisdiction of the Circuit and District Courts and to
provide for purposes related to judicial matters.
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