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Ghana Bribery scandal: Ghanaian judiciary on the precipice From Kate Da Costa in Accra “Our whole society is rotten to the core. It goes down,…

Ghana

Bribery scandal: Ghanaian judiciary on the precipice

From Kate Da Costa in Accra

“Our whole society is rotten to the core. It goes down, down and there is no one doing things right, but we need the rightful kind of faithful leaders who have compassion for the nation.”

These were the words of a retired Justice of the Ghana Court of Appeal, Justice Henrietta Abbah at the opening of a recent event tagged, “Urgent Call for National Repentance.” The retired jurist expressed concern over the moral debauchery in her nation, following the bribery scandal that erupted in the Ghanaian judiciary.

Celebrated journalist, Anas Aremeyaw Anas had produced about 150 hours of video recording capturing some judges and magistrates collecting money, food items and sundry gifts in order to pervert justice.

The video recording of Anas and his Tiger Eye team was the outcome of a two-year undercover investigative journalism, detailing how revered members of the judiciary collected money for miscarriage of justice.

The video recording has not been released to the public, but has been viewed in the official domain. The details are indeed shameful.

For instance, a judge of the fast track High Court in Accra allegedly freed a drug suspect, Kwame Dzato after collecting GHC 11,000 bribe. The suspect was arrested with 53 parcels of Indian hemp concealed in his car engine. The video footage in the public domain captured the judge negotiating with the go-between in the bid to free the suspect.

Another judge of the same court purportedly collected GHC3, 000 to free a murder suspect, John Brobbey, who was on trial for the death of a woman.

One judge allegedly received GHC2, 000 and subsequently acquitted and discharged a rape convict. Majid, the suspect was accused of raping a 16 year-old girl and found guilty by a court in Tamale, the Northern Regional capital.

The bribery saga came to the fore following two petitions written by Anas dated August 31 and September 2 addressed to the President and the Chief Justice of the Republic respectively.

Citing Article 146 of the 1992 Constitution, which prescribed the procedure for the removal of an erring judge, the investigative journalist asked the president to take action against the indicted judges and magistrates.

Specifically, Article 146(3) of the Constitution provides: “If the President receives a petition for the removal of Justice of a superior court other than the Chief Justice or the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.”

Consequently, President John Mahama had written to the Chief Justice, Justice Georgina Theodora Wood to take the appropriate steps.

The Chief Justice set-up a five-member disciplinary committee headed by a Supreme court Justice to investigate the allegations against 14 judges, who were indicted in the petition.

The Judicial Council on September 7 served the Circuit Court judges and magistrates with letters stating the allegations against them and requesting for their responses by September 9.

After the receipt of their responses, the Judicial Committee accordingly suspended the 22 judges and magistrates of the Circuit Court.

“The Judicial Council further decided that upon receipt of the responses, the 22 judges and magistrates have accordingly been suspended with effect from Thursday September 10, 2015,” the statement from the Judicial Council read.

“Until a final determination of the case is made, the 22 judges remain suspended,” the statement further said.

However, the 14 indicted High Court judges are putting up a fight to save their careers and relieve themselves of further public ridicule. Jointly, they filed an application at an Accra High Court for an interlocutory injunction restraining the Committee from hearing the matter.

The judges argued that the committee was not the appropriate body legally empowered to adjudicate on the matter, insisting that a court of competent jurisdiction must try them before the Judicial Council could take further steps.

“The law provides that disciplinary proceedings against judicial office holder (such as us) be conducted by a single judge of the High Court or some other judicial officer appointed for that purpose by the Chief Justice,” they averred.

They contended in the averment that the activities of the disciplinary committee would cause them great hardship saying, “Already suffered and continue to suffer grave hardship, loss and inconvenience, as a result of the illegal conduct of the defendant and illegal disciplinary committee.”

It added that “unless restrained by the Honourable Court, the Defendant’s illegal disciplinary committee will conduct these illegal proceedings against each of us which illegal proceedings are likely to lead to our removal from office under rather dubious and disturbing circumstances.”

The beleaguered judges are also bent on stopping the expected premiere of the video of the corrupt judges. One of them, Justice Paul Dery filed a writ to stop the premiering of the documentary on the corrupt judges and the matter is pending at an Accra High Court.

The embattled jurist is seeking an injunction of the court restraining the Accra International Conference Centre from airing the video.

Another judge, Justice Kofi Essel Mensah in a spirited defence in a petition he sent to the Chief Justice denied “touching, accepting or receiving GHC 5,000 bribe in order to free a murder suspect Mohammed Nil Baah, who was on remand.”

The counsel to the judge, Mr. Gary Nimako Marfo in his petition to the CJ absolved his client of wrongdoing alleging that the said video was doctored.

“The edited video footage demonstrably shows that at no point in time did our client negotiate, accept, receive or even touch any money from Mr. Achara or Tigereyepi for the purpose of granting bail to the accused person,” he contended.

Marfo requested for a copy of the tape to enable his client respond appropriately to the allegations against him.

The propriety or otherwise of subjecting the offensive video to the public domain is raging. While Ghanaians, who are aghast by the unbridled corruption in the judiciary, are in favour of the move to publicly view the video, some advice otherwise.

Human rights lawyer, Mr. Sosu Xavier insists that it was unfair for the evidence to be put in the public domain and at the same time be used in evidence against the affected officers by the judicial committee.

“We are also talking about due process. Persons who are alleged to have committed offences still have rights. Publicly screening that Anas video ahead of the hearing of the petition against them will be prejudicial,” he affirmed.

Gabby Asare Otchere Darko, Executive Director of Danquah Institute, a policy think-tank proposed urgent institutional reforms at the Attorney General’s department to stem corruption and improve the justice system in the country.

Eminent lawyer, Ace Ankomah while condemning the rot in the judiciary called on President Mahama to sanitize the system.

“Mr. President, Madam CJ you have a great opportunity to fix this nation. Let history be written to say it was your turn that we began to fix this nation. Else, posterity will look at you and say you are the most failed leaders this country ever had,” he declared.

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