December 24, 2024
It’s been nearly four months that an Accra High Court hearing the case of ‘Republic v Afoko’ , granted bail which would not be given effect by some overzealous IGP and CID to Gregory Afoko, a suspect who has been subjected to four years marathon of criminal trial. In consideration of a fortune spent on lawyers and curtailment of Gregory Afoko’s freedom and fundamental human rights, the arbitrary act by attorney General who filed a Nolle Prosequei, a seeming abuse of an unpopular, not transparent and an unaccountable use of discretionary powers which sought to nullify all the four years of arduous trial for the start afresh of a new trial in this same case on a loose basis that ‘a certain suspect has been arrested’ cannot by any stretch of the legal imagination be justified.

What is the argument to the contrary ? That after the family of Gregory Afoko, having gone through the rigmarole of securing and satisfying all the bail requirements, which was subsequently certified by the Court’s registry, will not be set free by the IGP and CID against the Accra High court’s order. The Attorney General in subsequent legal tussles even at the Appeals Court suffered what Lord Denning would recount in his memoirs as ‘a crushing rebuff.’ Curiously enough, the IGP and CID perhaps being misled by some undiscerning zeal will not release suspect Gregory Afoko even against the firm grant of an application for Habeas Corpus (an order by a court for the production of a person’s body). Then, much to the chagrin of the Ghanaian public, what smacked of a malicious intent was when Gregory Afoko’s family expressed their sorrow on the non-consensual interference with the health of Gregory Afoko in their ‘uncontested’ claim against the police who forced, injected and took blood samples of a healthy Gregory Afoko who had not complain of ill health. The family until after strenuous struggles would not be allowed access by the Police to see Gregory Afoko in the unlawful sub-human custody neither would his Lawyer. The family is naturally concerned with what food Gregory Afoko is being fed with, the water he drinks ?

But, it would be most surprising, if at the present day, such ‘absolute’ prerogative powers could be exercised by Ghana’s Attorney General (executive arm) in such a manner as though an unchecked power is legally left in the hands of the Attorney General so as to frustrate the appearance of judicial independence and judicial proceedings.
Thus far, the direction of Supreme Court Justice Pwamang to the Attorney General in the court’s decision of Afoko Attorney General that, the Attorney General prepares and draft proper regulations and reasonable rules in the use of the Nolle Prosequie, is very crucial to the proper development of our laws in light of taming the unjustified use of such prerogatives.
In England and Wales, where our judicial systems emanates, Ministers of the crown account for the use of discretionary powers and as aptly put by the venerable Lord Hoffman of the UK House of Lords in (on the application of the Bancoult) that ‘…I see no reason why prerogative legislation should not be subject to review on ordinary principles of legality, rationality,….in the same way as any other executive action.’

It is, as Lord Justice Rix of the UK Supreme Court would say a ‘speaking silence’ on the part of the Ghana Bar Association who would issue a statement through their President Mr Benson Nutsukpei against the attack and threats on Kenyan Supreme Court Judges rather act unconcern, disinterest and indifferent to such abuse of power and open disregard for the authority of the judiciary in this country by the IGP and CID who are members of the Executive.

The Bar Association would speak against the violent clash at the Ayawaso West Wuogon By-Elections but finds it of no interest to speak to such retrogressive acts of disrespect for the rule of law? Ought the Bar Association not be concern about the threat such open defiance to a firm order of the Court by the executive arm poses against the doctrine of separation of powers, checks and balances to our young democracy ? Shouldn’t the Bar Association be worried that, the fundamental human rights of a suspect is been trampled upon by a mightier government ?
Is the Bar Association selective in what matters it chooses to speak to ? Is the Bar association endorsing this abuse of power by the executive arm which appears a threat to the liberties of Ghanaians?  What about the Peace council? Is their relevance only limited to election related matters ?
Are the Peace council not aware what is happening as Justice Pwamang powerfully remarked ” has consequences on public confidence in the fairness and independence of our criminal Justice system in general”? What about the Christian council?  Are they not concern that such abuse of authority by the executive arm has devastating consequences?
Source: Thepressradio.com| Ghana| Judith Ekow Grant
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