The escalating controversy surrounding the continued cases against clients of former Attorney-General Godfred Dame and Atta Akyea centers on the Chief Justice’s decision to assign judges to only these two cases during the legal vacation period. This situation has ignited considerable debate, fueled by petitions from lawyers and political commentators, and has significantly impacted the perception of judicial impartiality within the judiciary.
Godfred Dame, a former CEO of the National Bufferskock Company, Hanan Abdul-Wahab Aludiba, and his wife, Hajia Faiza Seidu Wuni, are the primary defendants in these proceedings. The two petitions, published on MyJoyOnline with the headline “Why these 2 cases? – Atta Akyea questions Chief Justice’s expedited trial order,” have contributed to the impression that the Chief Justice has selectively selected judges to preside over only these two high-profile cases, raising concerns about the fairness of the judicial process.
The situation began with a Facebook post from one of the accused, expressing his apprehension that the vacation courts were being mandated to handle only these two cases. He stated, “The CJ has selected only 7 criminal cases to be heard during the vacation, leaving thousands of cases hanging. My issue is what seems to be selective.” Following this, a story on MyJoyOnline detailed the alleged selection of these cases, portraying the Chief Justice as favoring these two high-profile cases, further fueling the controversy.
As investigative journalist, I have uncovered a pattern of judicial assignments during vacation periods, and this situation is not merely a minor issue. The fact that the current Chief Justice was appointed by the sitting president gives oxygen to the conspiracies, despite the lawyers and political commentators’ limited explanation. The legal vacations, a tradition of judicial respite, are being perceived as a delay tactic, potentially employing North African football teams’ scoring dominance.
The lawyers claim they want to rest, but the rest of us see the vehement opposition to the vacation courts as a strategic maneuver, designed to ‘Stephen Opunilisation’ the cases, thereby enacting their own version of Operation Create All Looters (OCAL), a strategy executed by the NDC at the dawn of the administration that is now spearheading its campaign promise, Operation Recover All Loots (ORAL).
This situation is deeply concerning for the integrity of the justice system. The law stipulates that judges are authorized to sit on all substantive cases before their courts during the vacation, and the current arrangement does not allow for this.
I have no problem with the Chief Justice’s warrants for judges to sit on all substantive cases before their courts. However, the vacation courts cannot take over substantive cases pending in the courts of judges who have proceeded on legal vacation.
This arrangement, which has been in place for decades, has been a point of contention. The judiciary is obligated to safeguard the integrity of judicial proceedings and ensure that vacation judges hear substantive cases on the same grounds as those who have proceeded on legal vacation.
The legal vacation period is essential for judicial rest and deliberation, and it is vital that the judiciary maintains its focus on substantive cases.
According to a report by the Ghana Bar Association, the judges who are currently on vacation will return, while those sitting during the vacation will leave.
To understand the full scope of the issue, here’s a breakdown of the 26 judges scheduled to hear cases during the vacation:
* **Greater Accra:** 10
* **Eastern:** 6
* **Central:** 6
* **Northern:** 6
* **Western:** 6
* **Ashanti:** 6
* **Volta:** 6
* **Northern:** 6
* **Western:** 6
* **Central:** 6
* **Upper East:** 6
These judges are assigned to various courts, including the Appeal and High Court, overseeing a wide range of legal matters. Their assignments are detailed in the last column.
The political class has a game plan. And it works for them. If these two political cases had been absent, we probably would have heard no controversy over judges sitting during legal vacation.
The judicial system must not halt during legal vacations. Traditions must not become the law if it is detrimental to our judicial process. The judiciary must codify its practices and firmly plant its feet on legal grounds to ensure the sitting of vacation judges on substantive cases during legal vacations.
Let me conclude with facts that dispel the false narrative suggesting that the Chief Justice issued a warrant for the hearing of only two cases during the legal vacation.
Apart from the two Court of Appeal judges whose warrants are listed above, here is the full list of the additional courts they will be overseeing, courts whose motions and emergency processes they will hear. Their own courts are listed in the last column.
The first column is the additional courts they will be overseeing, courts whose motions and emergency processes they will hear. Their own courts are listed in the last column.
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Source: MyJoyOnline
