Now that all Africa’s colonized states have attained independence, it is wondered if Dr Kwame Nkrumah (if he was still alive) would not have replaced his 6th March 1957 declaration that “The independence of Ghana is meaningless until it is linked up with the total liberation of the continent of Africa” with that of “the independence of Ghana is meaningless until is linked up with the total justice for all her citizens.”
The word “justice” being very dear first to the first President, found its way into our Coat-of-Arm of “Freedom & Justice.”
At this stage, may I seek the indulgence of my readers to congratulate and welcome Her Ladyship Justice Gertrude Araba Esaaba Torkornoo to her high office as Chief Justice.
The surname “Torkonoo” rings a memorable bell in my ears every time I hear it because it reminds me of my one-time boss, Mrs Elizabeth Torkonoo, at the District Labour Office in Kumasi just before my admission to the University of Ghana in 1971.
It is my sincere hope that Her Ladyship will perform creditably and leave an indelible legacy as her personal contribution to Ghanaians in the area of true justice, just as has been done by her predecessors over the years.
I wish to congratulate His Lordship Justice Kwasi Anim Yeboah too on successfully completing his tenure of office as Chief Justice and retiring with all the honours he deserved.
Reminder
Her Ladyship the Chief Justice does not need anyone to remind her that she has assumed her high office at a time when many Ghanaians are wide awake, and demanding justice.
They have assumed for themselves that they know better than the members of the Bench to the extent of not only criticizing every judgement made by judges and magistrates but also insulting and threatening them too.
It is this attitude that needs to be addressed before her tenure comes to an end. Her ascendency has also coincided with several killings and high crimes for which those who are affected are looking up to her office for total justice.
Fortunately for her, her predecessors have laid some foundations upon which she can build to successfully lead the Judicial Service to satisfy Ghanaians with quality justice and make our independence truly meaningful.
One significant area is the number of improved court infrastructure and technology in the areas of record keeping and retrieval that have been commissioned for quicker delivery of judgement.
Delays
Her Ladyship, no doubt, is aware of how people do complain about the delay in obtaining justice.
The long winding legal technicalities and the cost involved in them deny a lot of citizens the justice they look up to.
Examples one can cite include the delay in the trial of the gentleman accused of murdering the late Member of Parliament for Abuakwa North and the trial of the man arrested in Abesim (near Sunyani) with a deep freezer full of human flesh.
I saw how uncomfortable Her Ladyship was, during her vetting, in answering one of the questions posed by the Chairman concerning how she would feel if the murdered person happened to be her daughter or son.
I got the impression that these delays are going to receive her immediate consideration and for doing so, a few lay persons’ recommendations are offered hereby.
Her Ladyship may like to look at and discuss with the Inspector General of Police the role of his Police Prosecutors, some of who get transferred and leave the cases they handle to others who have to start all over again.
She may also discuss with the Legal Council and the Bar Association how these delays that can be attributed to their members can be drastically reduced for the purpose of fair justice. She may also discuss with the Bench their long adjournments.
Serving
Another very important area to look at is how the accused can successfully be served by the Bailiffs, especially, if they happened to be “big men” in society.
Maybe, with the introduction of digitized facilities, a modern means of service would be explored without sending out Bailiffs who can easily be assaulted.
Here, I want to touch on how Members of Parliament too could be served if they are needed in the courts.
Can the provisions not be given another look by which the notice of service is addressed to the Clerk of Parliament for the attention of the Speaker for him to produce any of his or her members who the courts need to appear to answer either civil or criminal charges against them?
The manner in which the 2020 Election Petition of the National Democratic Congress was managed to end in three months could also be applied to long litigations including parliamentary seats, land litigations and so on. Parliamentary litigation could be made to last not longer than six months.
Cost
Her Ladyship may also be considering how justice can be accessed by the citizens by looking at the cost involved in seeking it.
Too much is demanded from aggrieved persons in order to meet the requirements of our courts thereby making justice only accessible to the rich.
The Alternative Dispute Resolution mechanism could be used for a large number of civil cases to reduce the heavy “traffic jam “in the courts as well as the cost involved in litigation.
Prisons and Cells
One other area of justice that people seek relates to their incarceration or that of their dear ones.
The prisons and the Police cells sometimes get choked and unpleasant for human beings some of whom are only on remand and not yet pronounced guilty.
Whichever institution is responsible for these facilities, needs to be encouraged to look at them to make them a little more decent since ANYBODY can be in one of them in the course of his or her, life even if for a brief period.
Maybe, the prisons need to be graded and applied in accordance with the type of culprit. For example, a first-time offender or one with only a misdemeanour can start in a little more decent place of incarceration – the harder the criminal, the more difficult could then be his area of incarceration.
Self-Defence
Our Chief Justice may also think about how justice can be accessible to her own men and women by ensuring that the several unprovoked attacks and insults against them shall be a thing of the past.
Most institutions, including the Executive and the Legislative arms of government have departments to speak for them, refute accusations and educate people when they make statements that deserve answers.
I have not heard of any Public Affairs Department of the Judiciary, (the third arm of government).
Madam, if this department exists, let it answer some of the attacks on you and your staff and commit only the more damaging ones to the courts for “contempt” charges just as Parliament is capable of doing in some extreme cases.
Wishing you the most blessed tenure.
(The writer is the Registrar, Ghana Christian University College, Amrahia – Accra)