Justice Delivery Archives

Chief Justice did no wrong with changes on Opuni’s appeal panel – AG

The Office of the Attorney-General and Ministry of Justice has debunked reports that the Chief Justice contravened Article 157(3) of the 1992 Constitution in the changes she made to the panel handling the appeal of the former Chief Executive of the Ghana Cocoa Board, Dr Stephen Kwabena Opuni. The AG’s office, in a press release on Tuesday, May 14, said the reports were deliberately forged to create disaffection for the judiciary and must not be tolerated. Making references to a publication in the Herald newspaper and commentary by legal practitioner Kweku Asare, AG in his statement said the Chief Justice has the right to constitute a panel for any case in any court. AG explained that the Chief Justice’s actions during Opuni’s May 8 appeal hearing are justified and lawful. “For the purpose of educating the public, the A-G states that no party to proceedings in court has a right to insist on a particular court or panel of a court to hear his or her case. In accordance with the Constitution and the Courts Act, 1993 (Act 459), the Chief Justice determines the composition of every court for the hearing of any matter. “The Chief Justice is a member of every court in the country and, has the power to request in writing a Justice of any of the Superior Courts of Judicature to sit on either the Court of Appeal or the High Court at any time. Further, consistent with article 128(3) of the Constitution, the Chief Justice presides at sittings of the Supreme Court, and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside.” The statement added that it has learned with grave concern the attempts by some media houses aligned to Dr. Opuni and their attempts to distort proceedings and facts relating to the case “The A-G notes the persistent attempts by some media houses aligned to Dr Opuni to distort the effect of court proceedings relating to the prosecution of the former Chief Executive Officer of Ghana Cocoa Board. These publications, many a time, are a gross misrepresentation of the evidence led at the trial, intended to ridicule the case of the prosecution and create false impressions about the soundness of the defence put up by Dr Opuni at his trial. “The A-G observes that most of the publications on the “Opuni case”, orchestrated by the accused persons themselves, transgress the limits of permissible speech as they are calculated at perverting the course of justice and/or prejudicing the fair hearing of that case. Nonetheless, the Republic remains focused against all the accused persons in the case mentioned above and will not be overawed in that process.” #Citinewsroom

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#Number 12 exposé: Court unhappy with Prosecution’s delay tactics in commencing Nyantakyi’s trial

The High Court in Accra has observed with dismay the “delay tactics” being employed by State Prosecutors in commencing the trial of former president of the Ghana Football Association (GFA) Kwasi Nyantakyi. The Court was also unhappy about the substantive State Prosecutor’s request to prioritize an “official assignment” at the expense of the “prosecution of a criminal trial at the High Court.” Justice Marie-Louise Simmons the presiding judge previously warned that, “if by the end of April no meaningful steps have been taken in the appeal the two accused persons would be discharged.” However, the warning did not take effect as the case has been adjourned to June 10. The former President of the GFA has been charged with fraud and corruption over his involvement in the Anas Aremeyaw Anas #Number 12 Exposé.’ Mr. Nyantakyi who is also facing the charge of Conspiracy to commit fraud with the former Northern Regional Representative of the GFA, Abdulai Alhassan, pleaded not guilty. The two football administrators have been admitted to their previous bail sum of GHc1 million each with three sureties, to be justified. They are also to report to the case investigator until the final determination of the case. In Court on Tuesday, April 30, however, Justice Marie-Louise Simmons, said the Court has been informed of challenges at the registry regarding the appeal. Based on that, the Court said, it would not discharge the accused persons as previously stated but would wait for the outcome of the Court of Appeal outcome where both the prosecution and accused filed motions. EIB Network’s Legal Affairs Correspondent, Murtala Inusah, reports that the former GFA boss who arrived in Court from Kumasi seemed disappointed when he made his way back to Ejisu for the ongoing by-election on April 30. Argument Baffour Gyau Bonsu Ashia, Counsel for Nyantakyi reminded the Court of what had transpired previously. “At the last adjourned date, my lady was very clear with her orders that, if by the 30th of April, 2024 the prosecution failed to present their first witness, my lady was going to strike out the suit and discharge the accused persons,” he submitted. According to him, “On that day, the prosecution was present in this court so there cannot be any justifiable reasons for them not being present in this court.” “My lady will also realize that the prosecution always come to this court in a team, so they absenting themselves from this court today (Tuesday, April 30) is a clear indication that the State is not interested in prosecuting this matter. “It is our humble submission and prayer that my lady strikes out the matter and discharges the accused persons,” Lawyer Ashia who was holding Thaddeus Sory’s brief told the Court. Prosecution’s excuse A State Attorney Adu Gyamfi said the substantive Attorney is indisposed and wants the case adjourned. By Court Justice Marie-Louse Simmons after hearing the parties said, “The court has received two letters signed by the substantive attorney for the State all dated 26th April 2024.” According to her, in “both letters, the said counsel for the State requested for an adjournment because she has been called up for an official assignment.” “In one of the letters,” the Court said, “she requested for an adjournment to May 15, 2024, and the other to 22 May 2024.” Clarity For the purposes of clarity, the Court said, “on the submissions made by counsel for the first accused (Nyantakyi) at the last adjourn date, the proceedings ended with a statement by the court ‘if by April no meaningful steps have been taken in the appeal the two accused persons would be discharged.’” “Now, on November 29, 2023, this court in dismissing an application for Stay of Proceedings filed by the prosecution ruled that the prosecution should call the other four witnesses whose Witness Statements have been filed for the trial to start,” the Court said. However, the Court said, “Up to date, nobody has been called.” Pending appeals The Court also recounted that, due to pending interlocutory appeals – one by the prosecution and another by Kwasi Nyantakyi in May 2023 in relation to the mode of testimony of the Anas, the court was reluctant not to discharge the accused. The Court stated that “if no meaningful steps were taken toward the appeal the accused would be discharged.” “In addition, the prosecution was to call the other witnesses whose evidence would not be affected by the outcome of the decision to be taken by the court. “It was further emphasized that the minimal role of each witness whose witness statement has been filed is to contribute to an element to be proven to the charges filed by the prosecution,” the Court said. Delay tactics The Court also observed that, the prosecution in a bit to further waste the court’s time has brought in these two letters “…claiming to have been called for an official assignment which assignment is more important than the prosecution of a criminal trial at the High Court.” She said, that none of the witnesses who had their Witness Statements filed has still not been called. “It is obvious that these are all tactics to waste the time of the court. The court will therefore deem that the prosecution does not intend to call any other witness apart from the one whose mode of testimony is to be determined by the Court of Appeal,” the Court said. Logistical constraints Justice Marie-Louise Simmons said, the Court, however, has been informed by the registrar of the Court of Appeal of the state of the appeal pending. “I have been informed that indeed the delay in the appeal has been due to some logistical constraints….and also partly due to a mistake made by the prosecution in the title of the case which necessitated…..in order to correct the misspelled name of A1 (Kwasi Nyantakyi) which order was granted. The Court said with the information from the registry on the compilation of the records for appeal, “I will await

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‘Indefensible’: UK prisoner jailed for 23 months killed himself after being held for 17 years

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Coroner condemns ‘inhumane’ imprisonment for public protection sentences that have no end date for release A senior coroner has condemned the “inhumane” and “indefensible” treatment of a man who killed himself 17 years into an indefinite prison sentence. Tom Osborne, the senior coroner for Milton Keynes, said Scott Rider had given up all hope of release before he took his own life at HMP Woodhill in June 2022. He had been serving an imprisonment for public protection (IPP) sentence after being convicted of grievous bodily harm in 2005. The sentence had a minimum term of 23 months but no end date. Days before he died, Rider told a prison worker that he had lost hope he would ever be freed. He said it was “disgusting” that he was still locked up, that his crime had not warranted a never-ending punishment, and that the IPP sentence had ruined his life. “He did things wrong and he deserved to be punished but he didn’t deserve that,” his sister, Michelle Mahon, said. Osborne, who led the investigation into Rider’s death, has now written to the Ministry of Justice (MoJ) calling for a review of all prisoners serving IPP sentences. The controversial punishment was introduced in 2005 and scrapped in 2012 after widespread criticism. But it was not abolished retrospectively and almost 3,000 people given IPPs remain in prison today. The sentences do not have an end date, with prisoners remaining in custody until they can prove they don’t pose a risk. Many of those on IPPs were convicted for low-level crimes such as theft, including one person who has spent 12 years in prison after stealing a mobile phone. Even if IPP prisoners are released, they remain on licence with the threat of the sentence being reactivated at any time. In a prevention of future deaths report sent to the prisons minister, Edward Argar, Osborne warned that without urgent action more people could die. He said he had been told by the governor of Woodhill that she believed IPPs were “indefensible” and that she and her fellow governors would welcome an intervention. “One has to conclude that his treatment was inhumane and indefensible and that if action is not taken to review all prisoners sentenced to IPP then there is a risk of further deaths occurring,” he wrote of Rider’s case. Rider’s sister said that the sentence robbed her brother “of the chance to have a family and the chance to turn his life around”. She said that growing up, her brother had been the “golden child” but that in his teens he began using drugs and racked up convictions for crimes, including theft and burglary. In 2003, Rider was jailed for assaulting their father. He was later released and, Mahon says, went on to clean his life up and find a girlfriend. But in 2005, while still on licence for the earlier offence, he was arrested again after assaulting a colleague and given an IPP sentence with a minimum tariff of 23 months. Mahon, a nurse from Durham from whom he was estranged, only found out he was serving an IPP sentence after he died. She said she had never heard of them before and was stunned that it meant the length of his punishment lay in the hands of a parole board rather than a judge. She is now campaigning for the cases of all IPP prisoners to be reviewed. “I do not condone what Scott has done. In 17 years, he committed 47 offences and was convicted of 22. But I think these sentences are inhumane and they need to be abolished. To get a 23-month sentence and serve 17 years… how can they justify it?” Mahon said. She said she felt her brother had been punished for disengaging with the system. Over his 17-and-a-half years behind bars, Rider transferred between prisons repeatedly; was abusive to staff; and had appeared depressed. In 2018, he was convicted of racially aggravated harassment of a prison officer. In May 2022 he told a prison worker that he felt Woodhill prison was “despicable” and that he was “going insane”. He refused to engage with the parole process. By the time of his death in June 2022, he had been self-isolating in his cell for 200 days and had stopped showering. The inquest into Rider’s death heard it was common for IPP prisoners to display “challenging behaviours” and that they often felt “trapped”. Mahon said: “How can they justify rejecting parole just because on the day he’s supposed to meet the parole board he’s woken up in a bad mood and told them to eff off? That to me cries mental health… so why should he be kept in prison for that?” Official figures published last week show 2,796 people given IPPs remain in prison today. Of those, 1,179 have never been released and 705 are more than 10 years beyond their original sentence. Campaigners have described IPPs as a “death sentence by the back door”. The rate of self-harm among IPP prisoners is more than twice that of the general prison population and there have been 90 self-inflicted deaths of prisoners on IPPs in custody since they were introduced in April 2005, according to the United Group for Reform of IPP. The figures do not include suicides in the community. One person still serving an IPP sentence, Wayne Gregory from Swansea, said the punishment had affected “every aspect of my life, physical and mental health and progression out of prison”. Gregory was jailed in 2007 after admitting wounding and common assault and should have been in prison for under three years, but remains there today. Campaigners supporting him say he is “trapped in a cycle” of severe anxiety and self-harm. In one incident, Wayne wrote that “IPP killed me” on his cell wall in his own blood. In a letter detailing his situation, he said he wanted to be a voice for IPP prisoners and was optimistic things would change. “I won’t be

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Court ceiling collapses following Tuesday’s downpour

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The ceiling of Circuit Court ‘8’ in Accra on Tuesday collapsed, following a downpour. The rainstorm destroyed the ceiling and some electrical wiring in the court room. There was no sitting in the court room when the ceiling collapsed. A worker who spoke on anonymity, said there was no court sitting because the trial judge was on leave and the incident happened fast. When the GNA got to the court, the room was filled with debris, but no one was injured. Meanwhile, a huge signpost in front of the Ministries Police Station also crumpled, blocking the road to commuters. The National Disaster Management Organization (NADMO) officials were seen busily dismantling the metal work to ensure free flow of traffic. GNA Related

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Ghana is completely under-lawyered – Prof. Atuguba

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Professor Raymond Atuguba, Dean of the University of Ghana School of Law, has challenged the notion that Ghana has adequate numbers of lawyers, asserting instead that the country is “completely under-lawyered.” Contrary to popular belief, Professor Atuguba pointed out that the acceptable lawyer-to-citizens ratio is one lawyer to 250 citizens. However, in Ghana, this ratio is currently one lawyer to 5,000 citizens, indicating a significant disparity. In an interview on JoyNews’ AM Show on Thursday, April 18, Professor Atuguba emphasised the urgent need to train more lawyers in Ghana to bridge this gap and better serve the needs of the population. In his view, the shortage of lawyers in the country poses a hindrance to its progress, as legal representation and expertise are essential for the effective functioning of various sectors and institutions. Professor Atuguba called for a concerted effort to address this imbalance, stressing that without an adequate number of trained lawyers, Ghana’s development may be hindered, and the interests of its citizens may not be fully served. He called into question the fairness of anyone who views Ghana’s current lawyer-to-citizen ratio as satisfactory, highlighting the need for greater attention to be given to legal education and training in the country. “… But for argument’s sake, let’s stick with the highest number of 7,000 plus and then look at the lawyer-to-population ratio. The appropriate lawyer-to-population ratio is a lawyer to 250 citizens but our ratio in Ghana using the higher number of 7,000 plus is almost one layer to 5,000 citizens. So contrary to popular beliefs, Ghana is completely under-lawyered,” he said. myjoyonline

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Consider using briefs to deliver verdicts of cases – Kwaku Asare tells CJ

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Democracy and Development Fellow at the Ghana Centre for Democratic Development (CDD), Professor Kwaku Asare, has suggested to Chief Justice Gertrude Torkornoo to consider hearing cases without the physical presence of plaintiffs and respondents. According to him, this would allow room for the judiciary to render verdicts on cases efficiently and save them from spending too much time and energy on each case. Speaking on Joy FM’s Top Story on April 8, he said that the court’s tendency to schedule all cases causes delays in hearing cases, affecting their effectiveness. “I also think that our courts tend to want to schedule hearings for almost every case that is filed. That is unfortunate, especially in an appellate court such as the Supreme Court. “When the parties have filed their briefs, it is acceptable. Here in Florida where I practice, seldom do you see who your appellate justices are. “You file your briefs and then some weeks after you get a note that your judgment is ready. They read the briefs and they come out with their decision,” he said. Professor Asare explained that this would also make it easier for the court to deliver verdicts on related cases at the same time. This way, it would end the suspicion in the minds of Ghanaians that the justice system was biased. “So if you take the two injunctions that were filed at the Supreme Court, justices of the Supreme Court could have ruled on both at the same time and can rule now without having the parties appear before them. “We know from several precedents what this decision should be and I think it has to also be made clear that it is extremely difficult for an individual to injunct either the Executive or the Parliament. The court should make that very clear. “If you don’t make that clear and there are two similar cases, you address one and don’t address one, I don’t care how many times you talk, people are still going to have that perception,” he said. His comments follow the recent concerns raised by the Minority in Parliament that the Supreme Court was biased when it granted an expedited hearing to the Rockson-Nelson Defeamekpor lawsuit, which sought to prevent Parliament from vetting ministerial nominees. The minority argued that the Richard Dela Sky case which sought a declaration that the Human Sexual Rights and Family Values Bill, commonly known as the anti-gay bill, is null, void, and of no effect, was filed weeks before the Defeamekpor case, but a date for that case had not been set yet the latter was expedited, heard, and a verdict delivered. Read also: We did no wrong – Chief Justice However, Justice Torkornoo has since explained that she granted the Attorney General’s request for an expedited hearing because it was an issue impacting governance, and the court was then preparing to go on Easter break. DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.

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CJ vows to change corruption tag on judiciary

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Chief Justice (CJ) Getrude Sackey Torkornoo has vowed to change the tag of corruption, ineptitude and inefficiency that had become an albatross around the neck of the Judiciary and Judicial Service. In order to shake off these tags, she noted, training needed to be supplemented with consistent culture changing strategies to deepen ethical models of work in the courts. Judicial administration must also close the gaps through which court users are subjected to exploitation and rent seeking behaviour. This, she said, demands the removal of as much of the human inter-facing that court work is exposed to. Chief Justice Torkornoo was speaking at the launch of Law, Ethics, Assets, Due Process and Digitisation, Law (LEADing Justice)’, which is her vision for the judiciary in Accra, yesterday. She told the gathering that court officials are expected to work with independence, with impartiality, competence, and integrity. However, much of these ethical values are lost in the heavy traffic of human inter-facing between court officials and court users, including unknown brokers functioning around the courts. The vision for producing culture-changing re-orientation programs cannot be achieved without the active partnership and support of stakeholders, including communities of businesses and donors. “Indeed as we speak, steps are being taken to revert to the opening and closure of assizes, which ensured that jurors remained with the judiciary for only a short season. “The current situation where one juror can be attached to the courts for years, leaving their full time work for long periods and earning from both institutions through the same public purse, needs to be seriously deconstructed. “In order to do so effectively, this vision contemplates the engagement of the private sector in jury services, as is the situation in virtually every country. I wish to humbly ask for the cooperation of the private sector in implementing strategies such as this, because we need to increase the ethical contents of integrity and efficiency in criminal justice delivery”, she said. “Court officials are expected to work with independence, with impartiality, competence and integrity. Much of these ethical values are lost in the heavy traffic human inter-facing between court officials and court users, including unknown brokers functioning around the courts,” she said. The chief Justice also reiterated her concern about the way the courts have been overwhelmed with land related cases. “In a few more weeks, I intend to call a Land Conference for discussion on the huge numbers of land disputes streaming across all regions of our country. “What is causing so much litigation over land, when land is the most effective source of equity and capital for business and prosperity? “Could the high cost of doing business in Ghana be related to the incessant litigation over land? How are we affecting the peace index of the nation, through this high volume of land litigation? “What must we all do differently? As administrator of justice on behalf of the citizenry, I deem it my bounden duty to call for such conversations that will assist us all to break these high walls against the easy flow of capital and investments into our country because of the uncertainty of security of investment in landed property.”, she revealed. Join our growing community: https://chat.whatsapp.com/EH6m8QkvLSPCCPbmhdoctH Chronicle

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Full List: Chief Justice Issues a set of Practice Directions and Administrative Guidelines

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These Documents form part of a Compendium of Practice Directions and Administrative Guidelines in Ghana 2024 volume (1). This Compendium could not have been developed for implementation without the dedication and generosity of various individuals committed to assisting in improving systems and protocols for justice administration in Ghana. ADMINISTRATIVE DIRECTIONS TO AID EXPEDITIOUS DISPOSAL OF JURY TRIALS ADMINISTRATIVE DIRECTIONS TO AID EXPEDITIOUS DISPOSAL OF TRIAL BY JURY ADMINISTRATIVE GUIDELINES FOR PROCEDURES FOR ONLINE PUBLICATION OF JUDGEMENTS AND RULINGS ADMINISTRATIVE GUIDELINES ON COURTROOM PROCEEDINGS (FINALE) ADMINISTRATIVE GUIDELINES ON GENERATION OF SUIT NUMBERS 2024 ADMINISTRATIVE GUIDELINES ON USING THE SUPREME COURT REGISTRY 2024 PRACTICE DIRECTIONS FOR DETERMINATION OF APPLICATIONS FOR INJUNCTIONS TO RESTRAIN BURIAL OF A DECEASED PERSON 2024 PRACTICE DIRECTIONS IN RESPECT OF PREROGATIVE WRITS INVOLVING CHIEFS & CHIEFTAINCY ISSUES 2024 PRACTICE DIRECTIONS ON ADJOURNMENTS AND ADOPTION OF PROCEEDINGS IN PART HEARD TRIALS IN COURT 2024 PRACTICE DIRECTIONS ON AWARD OF COST 2024 PRACTICE DIRECTIONS ON COMMERCIAL PRE-TRIAL SETTLEMENT (UNDER HIGH COURT CIVIL PROCEDURE AMENDMENT RULES 2020 CI 133) 2024 PRACTICE DIRECTIONS ON COURT CONNECTED ADR (UNDER HIGH COURT CIVIL PROCEDURE AMENDMENT RULES 2020 CI 133) 2024 PRACTICE DIRECTIONS ON PLEA BARGAINING 2024

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12 High Court judges, seven lawyers shortlisted for promotion to Court of Appeal

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A total of 18 persons including 12 High Court judges and private legal practitioners have been shortlisted for elevation to serve as Justices of the Court of Appeal. The list of the second highest court of the land also includes Justice Lydia Osei Marfo, Justice Francis Obiri, and Justice Aboagye Tandoh (all being justices of the High Court and the Director of the Ghana School of Law Yaw Oppong. This latest development comes a few days after Chief Justice Gertrude Torkornoo announced plans to resume the operations of Court of Appeal sessions across the regions, especially Western and Central regions. The full list of recommended persons for the Court of Appeal Bench sighted by Starrfm are as follows: NB: Those names with ‘J’ attached are all Justices of the High Court. His Lordship Justin Dorgu J Her Ladyship Gifty Dekyem J His Lordship Kofi Akowah J. His Lordship Gyamfi-Danquah J Her Ladyship Olivia Obeng Owusu J: Her Ladyship Cecilia Davis J His Lordship George Krofa Addae J. His Lordship Alexander Osei Tutu J. His Lordship Francis Obiri J. His Lordship Kwasi Boakye J. Her Ladyship Lydia Osei-Marfo J His Lordship Aboagye Tandoh J. Ms. Mariam Agyeman Gyasi Jawhary Ms. Yaa Onyameye Gyakobo Mr. Charles Zwennes Mr. Yaw Oppong Mr. Nathan Parker Yarney Mr. David Boafo Mr. Francis Koffie Dr. Poku Adusei Source: Starrfm

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CJ expresses worry over high land disputed cases

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Chief Justice Gertrude Torkornoo has expressed worried concerns about the rate at which land-disputed cases have been flooding all the courts across the Country. While describing this development as “unfortunate” the CJ said, it raises concerns about both domestic and external investment in the country. According to the CJ, there are a lot of land disputed cases per assessments conducted by the Judicial Service as measures are being taken to provide justice to Ghanaians. Justice Torkornoo said, young people and foreign investors need the assurance when acquiring lands for investment, that there would be nothing wrong going to happen. The Chief Justice expressed these concerns during her first major engagement with Members of the Judicial Press Corps on Thursday. Summary of breakdown of cases in the Greater Accra (excluding Tema) 1. Total numbers of cases (both civil and criminal) recorded within the period (as at 2023) was 37,128 cases. 2. The total number of criminal cases across all courts within Greater Accra Region was 16,530. This category represents approximately 44.52% of all cases in the region. It indicates a significant portion of cases involving criminal matters, suggesting potential issues with crime or law enforcement within the region. 3. The total number of civil cases is across all courts within the Region was 20,598 cases. This category represents 47.06% of all cases. It suggests a substantial volume of civil disputes within the region covers various civil jurisdictions such as land, commercial, humans rights, labour and divorce and matrimonial. 4. There are a total of 3,124 land cases. Land cases constitute approximately 8.41% of all cases (both civil and criminal) in Greater Accra excluding Tema and 15.17% of civil cases in the region excluding. 5. The total number of commercial cases is 3,982. This category represents around 10.73% of all cases (both civil and criminal) and 19.33% of only civil cases in the region excluding Tema. It suggests a notable presence of commercial disputes within the region, involving business-related matters such as contracts, trade, and commerce. Summary of breakdown of cases in Tema 1. Total numbers of cases (both civil and criminal) recorded within the period (as at 2023) in Tema was 4,084 cases. 2. Criminal cases of 1,652 account for approximately 40.45% of all cases, suggesting a significant portion of cases involve criminal matters in Tema. However, the High Court recorded the least number of criminal cases (41) since two High Courts (C & D) were designated as Land Courts and so recorded only civil cases. 3. A total of 2,432 civil cases represent about 59.54% of the total, indicating that a substantial volume of civil disputes are recorded in Tema. 4. Land cases of 356 constitute around 8.72% of all cases (both civil and criminal) and 14.64% of only civil cases, indicating fewer land-related disputes compared to criminal and civil cases. Starrfm.com.gh

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