GRi in Parliament 19 - 03 - 2002

Justice Afreh gets Parliamentary approval to Supreme Court

Justice Afreh calls for improvement in crime detection

Almost all the Supreme Court Judges were Afreh’s students

Minority walks in and out during vetting of Justice Afreh

2002 appropriation bill passed

Parliament goes on recess

Parliament amends Court's Bill

 

 

Justice Afreh gets Parliamentary approval to Supreme Court

 

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."

GRi../

 

Send your comments to viewpoint@ghanareview.com

 

Return to top

 

Justice Afreh calls for improvement in crime detection

 

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".     

GRi…/

 

Send your comments to viewpoint@ghanareview.com

 

Return to top

 

Almost all the Supreme Court Judges were Afreh’s students

 

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.

GRi.../

 

Send your comments to viewpoint@ghanareview.com

Return to top

 

Minority walks in and out during vetting of Justice Afreh

 

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."

GRi../

 

Send your comments to viewpoint@ghanareview.com

 

Return to top

 

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.

GRi../

 

Send your comments to viewpoint@ghanareview.com

 

Return to top

 

Parliament goes on recess

 

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.

GRi../

 

Send your comments to viewpoint@ghanareview.com

 

Return to top

 

Parliament amends Court's Bill

 

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.

GRi../

 

Send your comments to viewpoint@ghanareview.com

 

Return to top