Inconvenient consequences of Exposé on Judicial corruption in Ghana

Nii Armah Kweifio-Okai

September 11, 2015

No one should get me wrong. The Anas exposé on shenanigans in the Ghanaian judiciary  (http://www.bbc.com/news/world-africa-34210925 ) is precisely what the doctor prescribed for corruption busting in the judiciary, to restore a measure of public trust and to assure foreign capital of effective protective legal framework for doing business in Ghana. Nevertheless we cannot overlook the inconvenient consequences of the revelations on judicial corruption, the ensuing investigations and management. Only then can we minimize short-term pain for long-term gain

Consider the following inconveniences:

1. Are we able to readily replace up to 34 judges? NOW? I am not suggesting judges are irreplaceable, only that it takes a lot of training and experience to reach where they are. If I were one of the named judges I would not return to the bench because of likely doubts about my integrity in the minds of those who would appear before me. So among the departing judges, there would be those who are guilty and those who are not. The Ghana Government must get cracking in considering possible replacements now.

2. How would the suspension or effective suspension of the judges affect the work of the judiciary? That is, in relation to existing cases, cases that have to be assigned and cases currently before the 32 named judges.

[A little aside – I spoke to a prominent Ghanaian politician about this and in his usual laconic manner said: “they are always adjourning cases, at least these would be purposeful adjournments”. Which set me thinking of tell tale signs of possible judiciary corruption that can be used to quality control judicial performance and minimize judicial corruption]

3. I notice that some of the cases decided by the named justices involve foreign or part foreign companies. What are the international implications for doing business in Ghana? And how quickly would confidence be restored?

[And here again this prominent Ghanaian politician assures me that foreign owned companies are beneficiaries of the corrupt judiciary because they can bribe more. Which set me thinking that a clean judiciary would curtail the huge judgment debts paid to date to foreign companies as much as to their local representatives or local companies]

4. Would the cases decided by the named judges be re-heard? My view is that they wont be re-heard for reasons of double jeopardy. Good ole Wikipedia, the destination of first resort for the untutored, defines double jeopardy as “a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction. In common law countries,

 ” https://en.wikipedia.org/wiki/Double_jeopardy

May be “following a legitimate acquittal or conviction” means acquittals or convictions can be re-heard if they are not legitimate. I would need help here because if I am wrong, we are looking at costly prolonged litigation indeed. Those who have lost cases before the named judges may well argue that decisions against them by the named judges were tainted by corruption. Even if their particular cases were not shown by Anas to be subject to bribes. Even if the named judges did not give the final decision, e.g., in cases appealed from the named judges. Even if appeal from the named judges is ongoing, such as the National Investment Bank case (for background see Cause judgment to be given in NIB’s case – for background see Cause judgment to be given in NIB’s case – Pianim to C J at

 http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Cause-judgement-to-be-given-in-NIB-s-case-Pianim-to-C-J-374101 

So I ask, wrt to some of the cases decided by the named justices:

- Would Woyome be re-trialed?

- Would the Bawku Central MP Adamu Dramani Sakande, jailed for two years on 27 July 2012 for being MP while dual citizen, be given a re-trial or compensated”. His lawyer Mr. Kulendi alluded to grave “contradictions and inconsistencies” in the judgment (see http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Jailed-Bawku-MP-s-lawyers-to-appeal-conviction-246333 and the jailed MP was later pardoned by the President -   (see http://www.ghanaweb.com/GhanaHomePage/NewsArchive/MP-granted-Presidential-pardon-260232

- Would Asa Bee be re-trialed? “Mr. Asamoah-Boateng was charged, alongside six other persons including his wife Zuleika and former Deputy Information Minister Frank Agyekum with various offences committed against the state. The nine charges included causing financial loss brought by the state. The charges related to a contract awarded Mr Asamoah-Boateng’s sister-in-law for some renovation works at the Information Ministry” see

 http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Asamoah-Boateng-and-wife-acquitted-and-discharged-312717. After 5 years, the court on 13 June 2014 ruled that the prosecution was unable to prove the charges that Mr. Asamoah Boateng and the others had conspired to defraud the state of GHC 86,915.85. See http://www.ghanaweb.com/GhanaHomePage/NewsArchive/The-courts-are-fair-rule-of-law-has-prevailed-Asamoah-Boateng-312793

5. But most problematic is the time it would take to review cases heard by the named justices, if the CJ choose that path, as suggested by the Head of Research at the Kofi Annan International Peacekeeping Training Center Dr Emmanuel Kwesi Aning. See http://www.ghanaweb.com/GhanaHomePage/NewsArchive/Review-all-cases-handled-by-accused-judges-Dr-Aning-381169

Or if the named judges fight a rear-guard action to prolong remedy of the situation as indeed is the case of 14 judges currently seeking legal restraint on the disciplinary process. See http://www.ghanaweb.com/GhanaHomePage/NewsArchive/14-judges-in-court-to-halt-disciplinary-proceedings-381280

At this crucial time in the democratic development of our country, we would need to rely on members of the legal profession to keep faith with the people of Ghana. Lawyers are masters of obfuscation, they can make simple issues so complex that at the end of the day even the wisest man on earth would not be able to recognize a case. In addition, they have allegiance to their profession that makes them less than honest in criticizing each other. How they aid the process currently underway to clean the judiciary will remain in the popular consciousness of the good people of Ghana for a long time

Nii Armah Kweifio-Okai

September 11, 2015