It is blue of how the NDC government being pioneered by John Mahama has knackered the efficiency of the judicial space for which, it has induced gross meltdown and grey to a once prodigious end, through the exhibition of their prejudicial egocentricity.
The prime framework of a country’s aggrandizement is fundamentally pivoted on rules subservience – which is why, every country is being marshalled by the rule of law. Consequently, when the laws are on the threshold of invasion due to someone’s political indoctrination ; it then, provokes the country into torturous higgledy – piggledy state extempore.
However, acquiescing to the ethics and tenets of laws and its volunteered ingredients give a providential future to a country. Actually, what the NDC government, escorted by Dominic Ayine exuded towards Adu Boahene and his wife in the essay to send them to the river was egregiously reprehensible and must be censured bereft of any partisan slants.
Although, Section 15 of the Criminal Procedure Code, 1960 articulates that, when a person is pinched he must, unless he is granted bail by the police, be brought before an appropriate court within 24 hours after the apprehension.
This provision was reiterated in Article 21(3) of the 1979 constitution also. Even though, the ‘state’, through the Attorney General had punctuated some criminal activities of Mr. Adu Boahene which necessitated for his arrest _ nevertheless, the Attorney General pronounced a superficial evidence, in that, it is only the court, which has the sweeping muscle to authenticate and substantiate those claims in conjunction with the accused person and their rigorously reliable background verifications as well.
Again, i was shocked to the core, when he was remanded in prison for ample degree of days, because ‘ remand ‘ is meant to a person, who had shown the flagrant reluctance in pitching up before the soke of a court _ and which, he wasn’t spotted in that fashion also. But, we all grasped that, it was a stringent political scheme, initiated predominantly to aggravate and disenfranchise his rudimental constitutional latitude.
Factually, it is surveyed that, Criminal trial is the pinnacle of constitutional due process guaranteed through a human rights regime of ‘fair trial rights’ under article 19 of the 1992 Constitution, and required to adjudicate the guilt or innocence of the implicated person. In that context, a dynamic liaison is established between human rights and criminal law.
While the traditional mantle of human rights is to afford sanctuary from a domineering use of the criminal law by providing umbrellas against the perversions of state power in criminal proceedings which affect the life, liberty, and physical integrity of individuals, criminal trials have progressively become the pivotal arena in which to safeguard human rights.
In that balance, one fundamental principle of the modern criminal trials is to regulate and quell the pervasive power of the state in prosecution and buffer indicted persons from oppressions of that capacity through a host of due process guarantees.
In that regard, the state’s overriding powers of investigation, prosecution and punishment are gauged by the competing autonomy of the accused person through veneration for their freedom of choice to participate in the trial spesh, in matters of proof. But, for the case of Adu Boahene, the state powers were timetabled against him and desired to treat him like a fabled bandit and a persona non grata.
The integrity of our constitution has been blunted and botched by this vicious NDC government in the name of their insatiable parochialism.
The trying moment was when the Justice lumbered him with thumping amount of money to shell out for his bail.
I was wobbling in irresistible discombobulation at that point and as a matter of urgency, quizzed myself about how Justice Ruby Aryeetey had the mileage to emerge as Justice at the High Court of Ghana _ Jesus Christ ! I brooded over it with a hybrid of questions ; was it because, Mr. Adu Boahene is the sole perpetrator of Atta Mills’ demise ?
Was he the one, who leased our harbour to the expatriate white person ? Or was he the hidden person, who was paid ¢51m by the NDC government for not having executed any task worth that amount and not Alfred Woyome ? If such person is a Justice at one of the apex courts in the country, why wouldn’t some posit that, our courts aren’t tenable and prepossessing anymore !
It is deserving of attention that, the actual intent of monetary bail isn’t anchored in scalping the hypothetical delinquent, in affirmation by Section 96 (4) of Act 30. Moreover, the same provision enjoins that, ‘the amount and conditions of bail shall not be excessive or harsh’.
But for the political teeth and partisan drive of the NDC government, flouted the meticulous barometer of the law disdainfully. It is now scientific that, under every regime of the NDC government, one cannot whet the deftness of the laws, so that, it becomes feasibly coherent. The depraved precedents being laid down by the NDC government are execrable and could moulder and crumble the good – will of the country, if we don’t execrate them in concert !
Source: Prof. Dinkum.
(The Buzzing Rapine Of Erudition)
E – mail : dinkumchoice@gmail.com
