‘Reasons have left us more confused’
Tourist board issues ultimatum to facility
operators
Judges Account for Their Decisions
Fast Track Courts: Why we kicked them out
‘Reasons
have left us more confused’
Accra
(Greater Accra) 21 March 2002 - Two legal practitioners have stated that the
reasons given by the Supreme Court Judges on the constitutionality of the Fast Track
Courts have left the Ghanaian public more confused than before.
They argued
that the reasons also show the level of division among the Supreme Court
Judges. It was their view that the judges failed to answer the pertinent
question of the status of the cases, which have already been heard by the Fast
Track Court.
The two
lawyers, Mr Raymond Atubuga, Assistant Lecturer at the Faculty of Law of the
University of Ghana, and Mr Yaw Asamoa Buabeng, Executive Director of the Ghana
Integrity Initiative, were giving their opinions about the reasons on which the
various judges based their verdict.
According
to Mr Atubuga, who is also the Project Director of Legal Resources Centre, the
judges did not address what Ghanaians wanted to know. He said most Ghanaians
wanted to know the status of the cases, which have already been heard, and
wondered “whether by the verdict all the decisions of the Fast Track Court are
null and void, since in their reasons, some of the judges upheld the right of
the court to hear civil but denounced criminal cases, while others denounced
both cases being sent to the court.”
Mr Atubuga
said Ghanaians also expected the judges to address the concerns of people who obtained
judgements at the Fast Track Court. He explained that while some of the judges
argued that all cases, both civil and criminal, heard at the Fast Track Courts
are null and void, others upheld that the cases are valid. He said others also
contended that civil cases are valid while criminal cases are void. “All these
contentions leave Ghanaians the more confused and wondering what is to be done
after the judges have given their reasons,” he said.
On his
part, Mr Buabeng said the division is a demonstration of the “classic clash of
positivists and liberalists who have always existed at the Supreme Court.” He
said the case offers a good opportunity to resolve the differences in favour of
an approach in furtherance of the best interests of society in general.
He said
while the majority relied on external rules and laws to determine the
constitutionality of the case, the minority based its reasons on provisions of
the 1992 Constitution. Mr Buabeng stated that the essential question relating
to the status of the cases that have been disposed of was not dealt with. He
said this, therefore, strengthens the case for a review of the decision of the
Supreme Court.
Meanwhile,
during the session, both majority and minority judges were seen at various
times in tete-a-tete to prove to members of the public that they are united
although they may hold different opinions.
In a
related development, personnel of the Police Service, who were detailed to the
Supreme Court premises to maintain law and order ostensibly in anticipation of
any breach of the peace, were virtually on holiday. It was only after the court
had ended the deliberations that a number of people besieged the premises of
the court to catch a glimpse of Mr Tsatsu Tsikata, former GNPC boss, who is in
the centre of the legal tussle over the constitutionality of the Fast Track
Court. – Daily Graphic.
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Accra
(Greater Accra) 21 March 2002 - Acceptance of the eight judges’ reasons for the
famous split decision was as divided as the nine Supreme Court judges were. As
the audience poured out of the Supreme Court after the tension-packed,
eight-hour submissions, some five youths were heard cursing the slow grinding
judicial system. “If any of us nonentities had mismanaged a thousand cedis, we
would have long been sent in for 20 years.”
Another
group were seen congregating around the man at the centre of the controversy,
Mr Tsatsu Tsikata cheering him merrily. A man was overhead saying if “they try
him 10 times, he will floor them as many times.” From another man came the call
“just look at how simply-dressed he is! But just go and see the house he owns.”
That was in
reference to a simple pair of sandals, trousers and short sleeve tie-and-dye
shirt spotted by the former GNPC boss. As he drove away, many people waved him
cheeringly and with clutched fingers, he made the victory sign that was
characteristic of ex-President Rawlings. – The Chronicle.
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Accra
(Greater Accra) 21 March 2002 - Ghana will replace her passport with the ECOWAS
travelling document by 2007. The move is in line with the implementation of the
provisions of the Protocol on the Free Movement of Persons, Rights of residence
and Establishment.
The Minister
of Economic Planning and Regional Cooperation, Dr Paa Kwesi Nduom, made this
known in a speech read on his behalf at a seminar on “ECOWAS Integration” in
Accra on Wednesday. The seminar, which was organised by the Ghana Institute of
Languages (GIL), was on the theme: “Enhancing Grassroots Participation in
ECOWAS Integration.”
Dr Nduom
said effective sensitization on the essence of the programme by the National
Commission on Civic Education (NCCE) will soon begin. He said the protocol also
entails the right of entry and abolition of visas for community citizens, who
visit Ghana for the period not exceeding 90 days, and who are in possession of
valid travel documents.
He said
although the protocol specifies the areas of co-operation among member states
and ensures mutual assistance in matters related to the movement of person,
goods, services and capital, among other things, the community citizens have
continually witnessed ugly incidents arising from the migration of ECOWAS
citizens from one country to another.
He said
West African travellers and traders at various borders in the sub-region have
to contend with harassment by immigration authorities and the risk of being
defrauded at the borders. The minister announced plans to install ECOWAS special
counters at all land entry points as pertains at the Kotoka International
Airport. He said there is the need to recognize the fact that the people of
West Africa are one people and require the freedom to move about.
The
President of the Students Representative Council (SRC) of the institute, Mr
Edem Weto, said recent pronouncements by political leaders point to the fact
that the sub-region is now ready for the integration process, but expressed
concern about the exclusion of the youth in the process. He called for the
integration of the educational systems of the sub-region from the basic to
tertiary levels. Prof Atukwei Okai, a renowned poet and writer, also stressed
the importance of integration in order to promote meaningful development in the
sub-region. – Daily Graphic.
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comments to viewpoint@ghanareview.com
Accra
(Greater Accra) 21 March 2002 – “Definitely, they tried to discredit me; they
tried to run me out of Ghana. They tried to railroad me into all kinds of
things. They set up the SFO thing, which they claimed, when they were pushed by
the International Community, was not an investigation on the State Enterprises
Commission. Somehow, they roped me into it. Now whatever their decision was, it
didn’t work, OK?
It didn’t
work because, after all they did this in 1996 at the time when they thought I
was getting ready to become a Presidential candidate. That is the only reason I
can come up with for what it was that they attempt to do.”
That was
Dr Paa Kwesi Nduom, Chairman of the Organisation Committee of the Nkrumahist
Convention’s People’s Party (CPP) and Minister of Economic Planning and
Regional Cooperation, in reaction to some ‘insulting remarks’ made about him
and his integrity by Mr Victor Smith, Special Aide to ex-President J.J.
Rawlings.
Mr Victor
Smith had lambasted the NPP Government for making Dr Nduom a Minister, when,
according to him, the Serious Fraud Office (SFO) had issue a damning report on
Dr. Kwesi Nduom. He accused the NPP Government of pursuing discriminatory
policy of ‘selective justice’ by prosecuting and jailing Mr Victor Selormey
while doing nothing to Nduom about whom the serious fraud Office had allegedly
made some adverse findings.
“… why, you guys (NPP Government) made Kwesi Nduom a
Minister while the SFO had a Report of adverse findings of fraud by him against
the State of Ghana, and yet you made him a Minister. Shame, shame unto NPP!’,
cried Mr Smith in an interview with The Crusading Guide.
In
response, Dr Nduom, among other points, said “… if the NDC Government thought I
had done something wrong prior to 1996 and they had conducted an investigation
and felt that I had done something wrong and had caused some financial loss or
whatever, why didn’t they take the report and prosecute, OK? Why not? Why wait
until someone say “I want to make you a Minister” and now say “ah, there is a
report”.
Dr Nduom
treated Mr Smith’s assertions with contempt, and intimated that some people in
the NDC feel uncomfortable about him because he rejected offers to join that
party prior to 1996. “These are yesterday’s people and they are not happy with
where they are now, they should go and find someone else to bother. I won’t
feel bothered about this at all,” he stressed - The Crusading Guide.
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Plot to harass and eliminate top journalists uncovered
Accra (Greater
Accra) 21 March 2002 - A sinister plan by some pro-Rawlings fanatics to
psychologically eliminate some key journalists and social commentators in the
country has been exposed.
The plot,
according to a source close to some of the fanatics, would involve journalists
and media/social commentators who are very critical of the utterances and
actions of the former President, Flt. Lt. Jerry John Rawlings, and top on the
list are Kweku Baako Jnr., Editor-in-Chief of The Crusading Guide and Mrs
Margaret Amoakohene, Lecturer at the University of Ghana, Legon.
According
to the source, the said plotters would form a syndicate that would monitor the
movements of the journalists concerned and smash their vehicles while they
(journalists and social commentators) are on board. In the alternative, the
gang would organise thugs to attack their targets – and even some reporters in
the guise of armed robbery.
As part of
the plan, “open letters” and “threatening letters” would be written and
deposited in the post boxes of the targeted journalists, warning them to
“desist from the perpetual attacks without decorum on the person of the former
President on national media networks.”
The pro-NDC
activists, the source hinted, reminded the “Rawlings critics” that he (Rawlings)
bagged 57.6 per cent of the votes cast in the 1996 presidential election and
that “he still commands a huge support of the Ghanaian electorate and we will
not stand idle for you (referring to their targets) to continue to hurt our
feelings by such senseless personal attacks any longer.”
Readers
will recall that the Editor-in-Chief of The Crusading Guide was given a similar
warning through telephone when RSM Jack Bebli was exposed in a series of
publications by the paper as being involved in the gold robbery incident on the
Accra-Cape Coast road in 1999. Consequently, the premises of the paper was
“shit bombed” by an unknown assailants.
This
happened at a time when the paper had courageously exposed some Presidential
bodyguards as the brains behind the 3 day incarceration of Sellasie Djentuh at
the Castle Guardroom, and Dr Tony Aidoo had caused the arrest of Sedi Bansah, a
Senior Reporter of The Crusading Guide in the wake of the infamous “Adayuga
gun-pulling” affair.
The same
bizarre treatment (shit-bombing) was meted out to the Ghanaian Chronicle and
the Free Press under the NDC administration years ago. – The Crusading Guide.
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Accra
(Greater Accra) 21 March 2002 - After going through the various stages of the
Miss Universe 2002 pageant and succeeding in coming tops at the national final
last Saturday, 22-year old Stephanie Walkins-Fia proved to the world that with
a strong fighting spirit one can achieve one’s aim.
Having been
crowned Miss Universe Ghana 2002 after placing third in the Miss Ghana 2001
pageant last September, Stephanie appears to have improved upon her act to come
out now as a beauty queen. Like the current Miss World Agbani Darego of
Nigeria, who contested in Miss Universe and placed in the top five and went
ahead to win Miss World, Stephanie did not give up and now has the coveted
crown on her head.
Since Akuba
Cudjoe won the Miss (Lux) Universe in 1999 and went ahead to make Ghana proud
by being one of the ten finalists at the global level, the Miss Universe Ghana
contest has acquired a level to be either equaled or surpassed by subsequent
ones.
Last
Saturday’s event failed to please patrons as it turned out to be far below
expectation. The ladies went through the first stage of introducing themselves
to the audience then a choreography with the Bukom Lion which was quite
interesting with the ‘jama’ songs.
The second
part of the show saw the girls forming two pre-arranged groups to debate over
one of Karl Marx’s theories on religion which from all indications had been
rehearsed over and over such that the whole debate sounded more like a staged
drama. Another round of questioning which had each girl answering five
questions helped the judges to select the six semi-finalists to vie for the
three slots for the winner and her two runners up.
Elegantly
dressed in their evening gowns, the six ladies cased through the final round of
answering questions giving the judges a tough time in selecting the top three.
Though all the ladies stood a chance of being selected, the judges preferred
Sylvia Owusu Anokomah, Stephanie Walkins-Fia and Faustina Fafa Fuga.
Stephanie
beat the other two to be the successor to Precious Agyare as Miss Universe
Ghana 2002, Sylvia Owusu Ankomah grabbed the second position and Faustina Fafa
Fuga came up third.
The
programme went with the usual musical interludes but not many people in the
auditorium were tickled by the performances. Kontihene and Papa Shee did their
best to cheer up an audience who had been bored so stiff. The Salsa Club
dancers looked really colourful and would have done a better job if half the
stage had not been given to a rather large ladder as part of the set design
which left them with virtually no room to move about.
MC’s Rolu
Aiyela and Oluwadre Alade from Nigeria did a good job but many people must have
missed local Ghanaian jokes and some of the Ghanaian names could have been
rehearsed to make pronunciations better.
The rest of
the artistes who performed were not introduced or if they were, then those in
the audience did not get the names and since majority of the audience did not
have the privilege of getting the very few brochures available irrespective of
the fact that admission was a steep one, 150,000 cedis.
If the Miss
Universe Ghana contest is to live up to that organised in 1999 or close to it,
then the organisers have a lot of work to do considering the number of empty
chairs that were available last Saturday. To the winner, Stephanie Walkins Fia,
one would say, congratulations all the best in the forthcoming world pageant. –
Graphic showbiz
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Kintampo
(Brong Ahafo Region) 21 March 2002 - Paul Acheampong, 31 the man who posed as a
doctor and pulled a fast one on the authorities of Kintampo Hospital, must be a
lucky man indeed. Despite his offence he is a free man because the chairman of
the Kintampo Community Tribunal, Mr P. Ayeboda, felt it was a misdemeanour so
the tribunal imposed a fine of ¢200,000 on the fake.
But the
crowd were not enthused; moments after the sentence was passed, the large crowd
begun to murmur, showing their displeasure. They expected a harsh punishment to
serve as a detriment to others. The fake doctor, who was arrested while sending
a patient to the theatre, pleaded guilty to the charge of pretending to be
public a officer. He would he go to jail if he failed to pay to fine.
Earlier on,
confusion nearly broke out between the police handling the case and the management
of the hospital led by the administrator, Mr Jeremiah Tiimob, over where to
prosecute the accused person. Mr Tiimob had wanted the prosecution to take
place in Techiman or Sunyani court contrary to the wish of the police who stuck
to Kintampo.
The fact of
the case as narrated by the prosecuter, police Inspector Emmanuel Quarshie,
were that the accused on February 25, this year arrived at the hospital with a
hand-written Curriculum Vitae (CV) which he gave to the authorities that he had
been transferred from the Komfo Anokye Teaching Hospital (KATH) in Kumasi.
On the CV,
he mentioned Professor Wireku Brobby, Dean of the School of Medical Science of
the Kwame Nkrumah University of Science and Technology (KNUST) and Professor
Awuah Baah of KNUST as some of his referees and indicated that he attended the
university (KNUST) from 1994 to 2001 and did his housemanship at KATH and the
Saint Dominic Hospital, Akwatia.
Nurses at
the hospital suspected him to be fake after 11 days duty and informed the police
leading to his arrest. The accused could not prescribe any drug, he only
touched the patients and said “you will be well.” He is a native of Akyem
Achiase, Oda in the Eastern Region. According to Inspector Quarshie, when KNUST
authorities were contacted, there was no information about him. Meanwhile, the
real Dr Paul Acheampong was found at KATH - The Ghanaian Times
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Nsoatre
(Brong Ahafo Region) 21 March 2002 - Opanin Kofi Kumah, 65, a cocoa farmer at
Nsoatre, near Sunyani, who ran amok with gun and cutlass in an attempt to kill
his wife, has been remanded in prison custody for a month by a Community
Tribunal. He is charged with threat of death.
Opanin
Kumah accused the wife, Madam Adwoa Frama, 57, of being fond of picking
quarrels with him. Fed up with that, he picked a single barreled gun, loaded it
and aimed at her, but he could not immediately cork it. He, therefore, threw it
away, dashed for a cutlass and chased the woman, who managed to escape. The
tribunal, chaired by Mr Charles Adjei-Wilson, did not take his plea of not
guilty.
Police
Inspector Setina Aboagye who prosecuted, told the tribunal that the couple,
both natives of Nsoatre, had been farming at Sefwi Wiaso for about 30 years.
Later, the man married another woman, Madam Dora Adwoa Yeboah, with whom he has
his four children.
The entire
family recently moved from the farm to Nsoatre. On February 28, two grandsons
of both women had a quarrel and one hit each other on the head with a club.
Opanin Kumah was present and accused his daughter whose son hit the other of
encouraging such acts. A heated argument ensued between them, which saw the
rivals and their children also taking part.
As the
atmosphere charged, the accused asked the first wife and her children to pack
bag and luggage and leave the house or else she would be killed. The woman
decided to collect money from the man’s room but she was prevented. And when
the woman decided to employ some force, the man quickly dashed for a gun and
loaded it after which he aimed at her but he could not cork it immediately. He
threw it away and went for a sharp cutlass to butcher her, however, the woman
managed to escape.
Inspector
Setina Aboagye said the man afterwards went to inform a relative of the woman
to make sure the wife did not return or else she would be killed. The case was
reported to the Sunyani District police who referred it to the police Women and
Juvenile Unit (WAJU), which effected his arrest in a hideout at Nsoatre last
Wednesday. A search conducted in his house led to the seizure of two live
ammunitions, two sharp cutlasses and a single barreled gun which were tendered
in evidence at the court - The Ghanaian Times.
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Accra (Greater Accra) 21 March 2002 - The Ghana Tourist Board has reminded tourism facility operators who have not as yet collected their operating licences to do so before the end of March 2002. In a release signed and issued by the Public Relations Manager, in Accra, the board noted with concern the flagrant disregard and blatant violation of the Legislative Instruments, which regulate the activities of such establishments.
The statement explained that under Legislative Instruments 1205 and 1293 all accommodation and catering enterprises, travel, tours and car hire agencies, and nightclubs operators are requested by law to renew their operating licences by the 1st January of every year. The statement indicated that illegal operations of tourism facilities are inimical to its programme of ensuring that Ghana is safe and reliable tourism destination in Africa.
To this end the board wishes to serve a final notice to all proprietors who have up to now failed to collect their operational licences to do so and take steps to regularise their operations. The statement said after the March deadline the full list of hotels, restaurants, travel and tour companies, car hire agencies and night clubs operating illegally will be published and will be followed by physical close down in collaboration with the security agencies. – The Evening News.
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Accra (Greater Accra) 21 March 2002 - By 7.30 am yesterday, the Supreme Court had been besieged by a large crowd. Before the case was called, the chamber was filled to capacity and when the nine wise men and women walked in, they faced a packed courtroom.
As they sat down, it must have dawned on them that they were facing their biggest test since each of them was elevated to the Supreme Court. The courtroom hushed up immediately the case was called.
It was Mrs. Bamford-Addo who opened the proceedings. She was followed by Justice A.K.D. Ampiah after, which Justice Francis Kpegah read his reasons and then Justice E.D.K Adjabeng. These were four of the five who held that the Fast Track Courts are unconstitutional.
At this half way point, Justice George Acquah, one of the four who said the courts are constitutional fell in to read jointly for himself and Chief Justice Wiredu. When he was done Justice William Atuguba gave his reasons and then Justice Sophia Akuffo completed for the four. Mr. Justice I.K. Adzoe, the 5th member of those who ruled in favour of Tsatsu on February 28, read his reasons last.
The courtroom was fairly composed with no overtly political presence, but if the justices had any doubt about the public perception regarding their decision, it was soon to be dispelled. Though the audience refrained from any robust show of approval or disapproval, the controlled murmurings were clearly on the side the 4 justices who said no to Tsatsu Tsikata on February 28, 2002.
In a remarkable twist of irony, the sound system was not at peak performance and people had to strain to hear what the first set of judges, who incidentally were anti Fast Track, were saying. According to an Accra Daily Mail reporter, "the majority not only repeated themselves incessantly, but spoke away from the microphones and used no intonation or expression." By the time it got to Justice Adzoe however, the sound had improved. The proceedings run throughout the day ending at around 5.00pm.
The certified true copies of the reasons would be available in the coming days. The Accra Daily Mail however registered the following insights.
FAST TRACK SUMMARIES
On the reasons why she upheld Tsatsu's claim Ms. Joyce Bamford-Addo said the Fast Track Court (FTHC) is a new court not provided for by the constitution, which therefore makes it an unconstitutional body. She said there was no provision in the constitution that makes it possible for an individual to set up a court different from the existing ones without an Act of Parliament. "All courts are established by statute on which they depend for their legality."
She queried that if the FTHC is a division of the normal High Court why was it that the rules governing it are different from the normal High Court.
She said in her view, the word "division" has no definite meaning in judicial parlance, but depended on the context in which it is used. Therefore according to her the word used in the Courts Act empowering the Chief Justice to set up divisions of the High Court as and when necessary referred to geographical and territorial locations and not a new court with different rules from the normal High Court.
In addition, she contended that the practice of letting the Chief Justice decide which cases should be brought before the FTHC is unknown to the Courts Act and in that case does not make the court a division of the High Court. In summary she said the FTHC has no legal basis, unconstitutional and not known to the constitution.
According to her the summons which was issued to the plaintiff in the name of the President instead of the Republic is null and void and therefore of no effect.
Justice A.K.B. Ampiah who also sided with the majority said the name "Fast Track" seems to suggest that there are "Slow Track" divisions of the normal High Courts which is not the case. According to him the procedure in which the CJ decides which cases should go before the FTHC meant that not everybody was equal before the law which is contrary to the '92 constitutional provisions.
On the summons, he declared that it was null and void since it contravened Articles 1&2 of the constitution, which vests the administration of justice in the people of the Republic. Justice Francis Kpegah, also on the majority side considering the nature of the rules of the Fast Track Court said it could not be said to be a division of the normal High Court.
Justice EDK Adjabeng on his part said if the FTHC was a division of the normal High Court it should have been backed by the law and therefore the FTHC is not a division of the High Court but a court on its own.
The last on the majority side to read his decision was Justice T.K. Adzoe who also said the practice where the Chief Justice decides which case should be brought before the FTHC connotes that only the Chief Justice has the keys to justice.
Justice Ampiah's position on the nominal distinction between a court order issued under the name of the president as opposed The Republic came under the scrutiny of Justice Sophia Akuffo. He said because the president had told Tsatsu to appear before court, and not the Republic, the process was null and void.
Justice Sophia Akuffo, addressed the insignificance of this point: "A mere matter of labels and error relating to management procedure rather than constitutionality." Examining the larger picture, she said, "The ultimate objective of the establishment of the Fast Track Court was to create an automated system throughout all courts that was just, speedy, and cost effective. It was an experiment to test electronic management, which may have the potential to reduce the enormous backlog that characterizes the Ghanaian judicial system." The elimination of the Fast Track High Court would rather delay, if not prevent this process of modernization. Besides, Justice Akuffo said, "The constitution does not stipulate what kinds of divisions can be made," therefore the Supreme Court must determine only whether the Fast Track High Court is in the "spirit of the constitution." Justice George Acquah who voted on the minority reading for himself and the Chief Justice said the Fast Track High Court is constitutional and contended that it is a division of the normal High Court because Article 136(4) empowers the Chief Justice to create a division of the High Court.
Buttressing his statement he said "At least under the '92 constitution Chief Justice Philip Archer established a number of High Courts not in the regional capitals but in the district capitals... none of these High Courts was established under the constitution by an Act of Parliament or Legislative Instrument..."
He told the court that in the colonial days under the Court Ordinance Act (4) the Chief Justice was requested to publish in the gazette the establishment of any such division of the judiciary, however, he said, "In the 92 Constitution no such requirement of publication in the gazette is imposed on the Chief Justice in Articles 136(4) and 139(3) in the establishment of a division of the High Court."
He said the constitution under Article 157 clause 2 prescribes the method by which the rules of Court Committees should be, but he said Article 139 clause 3 does not prescribe any method by which the Chief Justice may set up a division of the High Court.
He therefore said that the FTHC is a division of the High Court set up by the Chief Justice under Articles 139 of the constitution. Justice William Atugugah also on the minority said the Fast Track High Court is a division of the normal High Courts set up by the Chief Justice under Article 139 of the constitution.
Justice Sophia Akuffo reiterated that the FTC is a division of the normal High Court but only that it is computerized to expedite cases which is really a laudable idea in this IT age.
The Attorney General, Nana Addo Dankwa Akufo-Addo who was among the large number of legal luminaries in court after the proceedings commented that to read the constitution so strictly as to be obsessed about what exactly constitutes a "division" of a High Court versus a New Court, shows remnants from the archaic British system of colonial law, and could only set Ghana behind in its effort to improve its currently ineffective, inefficient, judicial system. Yaw Asamoah, Executive Secretary of Ghana Integrity Institute, could only identify one redeeming feature in the initial court ruling: "At least the court is looking at itself in depth," but he like many others said he was anxiously awaiting the court to review the case again. - Accra Mail.
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Accra (Greater Accra) 21 March 2020 - The Five law Lords of the Supreme Court whose votes outlawed the Fast
Track Courts two weeks ago presented succinct and convincing arguments yesterday to back their votes, earning them high marks in the eyes of the public.
After about eight hours of academic and legalistic arguments, it became clear that the five judges knew what they were talking about when they said that the Fast Track Courts were unconstitutional and without power to try the case brought against former GNPC boss, Tsatsu Tsikata.
The majority led by Justices Kpegah and Adzoe punched holes in the submissions of the defendants (A-G). Even the summons issued by the A-G, which imputed the name of the President, was deemed faulty and unconstitutional.
In the main, the majority argued that in their opinion, the Fast Track Court was unconstitutional and without jurisdiction because it is a court without the backing of the law, which is also operating under rules that are different from the normal High Court.
On the matter of the jurisdiction and constitutionality of the Fast Track Court, Justice Kpegah lambasted the A-G and said that the least said about the A-G's position on the matter the better adding that it is something that any law student should know.
The majority drew attention to the fact that aside the issue of irregularity in the establishment of the Fast Track Court; there were conflicts and differences in the rules and regulations governing it, which makes it impossible to be a division of the normal High Courts.
They wondered how the Fast Track Court, which is supposed to be a division of the High Court, could operate under rules that were inconsistent with that of the normal High Courts. They pointed out, for example, that issues such as adjournments and duration of trials are very different from that of the normal High Courts.
The majority again observed that the Chief Justice whom they described as the administrative mind of the judiciary does not have the power to establish a division of the High Court adding that he can only recommend to Parliament for the establishment of a division of the High Court.
They intimated that the establishment of the Fast Track Court by the Chief Justice as a division of the High Court should have been backed by law and since this was not done it renders it unconstitutional and devoid of legal jurisdiction.
Spearheaded by Justices Kpegah and Adzoe, the majority further stated that the Chief Justice cannot arrogate powers to himself and establish a division of the Court and go ahead to dictate the rules and guidelines governing it.
"What then is the Fast Track Court? Is it a division of the High Court? My answer is no", Justice Bamford-Addo said.
"The establishment of the Fast Track Court should have been backed by law but I have not found anything in this respect. There is no evidence for the creation of the Fast Track Court as a division of the High by the Chief Justice"
Justice Adjabeng observed.
The majority unanimously said that they were not against the mechanization of the Courts and that the idea was laudable.
Justice Kpegah said, "In fact, the mechanization of the court is very laudable. What we are talking about is not the mechanization of the court. We are talking about whether a Fast Track Court exists and whether it is constitutional."
One after the other, the majority dismissed claims by the minority that the Chief Justice has the powers to establish a division of the High Court arguing that the reference to divisions are being misconstrued.
They said division in that sense refers to territorial and geographical divisions rather than the establishment of a "so-called Fast Track Court"
On his part, Justice Adzoe, who together with Justice Kpegah made the most convincing arguments on the majority side said "I disagree with the A-G that the Chief Justice can by himself establish a division of the High Court "
Adzoe further argued that neither the Chief Justice nor any officer under him has the power to make rules governing a court. He said jurisdiction cannot be inferred but must be conferred.
Commenting on the writ of summons issued by the Attorney General to invite the Plaintiff (Tsatsu Tsikata) to appear before the court, Justice Adzoe said that it was unconstitutional for the summons to be issued in the name of the President since it suggests that it is the President who was initiating criminal prosecution against the plaintiff.
"The President has no powers to institute criminal prosecution against the Plaintiff since that would undermine the independence of the judiciary." Adzoe added. He said the move also obstructs the A-G from performing his constitutional duties. Both the majority and minority supported this point. But the minority contended that erroneous as the summons in the name of the President may look, it is the substance of matter, which should be considered, and not the form.
It must be explained that the writ of summons, which was used to summon Tsatsu, indicated that the A-G was summoning the Plaintiff in the name of the President. Justice Kpegah and Justice Adzoe who made long and well researched arguments stood tall in the minority side. The rest of the majority side included Justices Bamford-Addo, Adjabeng and Ampiah. - Ghanaian Chronicle.
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