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Opinions of Monday, 13 March 2023

Columnist: Stephen Atta Owusu

Corruption, lack of fair play and partiality, sweep through Ghana's court system

Ghana's Judicial service Ghana's Judicial service

Ghanaian judges within our judiciary system were highly respected both at home and abroad for several decades until a few years ago when the weakness in the court system, corruption and delayed judgements were finally exposed by the under-cover journalist, Anas Aremeyaw Anas.

This led to the dismissal of eight corrupt judges. It was shameful for the entire judiciary from the Supreme Court down to District courts.

Justice for a person convicted can be ensured through impartiality, equality before the law while presuming innocence and the right to fair and public hearing in Ghana by a competent, independent and impartial court.

Alfred Agbesi Woyome was alleged to be the financier of the opposition National Democratic Congress (NDC). During the NDC rule, Woyome illegally received GHc51million in 2010, with the connivance of some NDC ministers. This compensation was wrongly paid in connection with the construction of football stadiums in 2008.

When the illegal payment issue finally reached the court, the prosecutor, Justice Ajet-Nasam argued that the lawyer of the accused person, failed to provide his case in favour of the accused person. The illegal money paid to Woyome was a sad moment in Ghana. We are yet to know whether Woyome will ever return the amount to the state.

However, the judge who presided over the 51 million cedis judgement debt scandal assured Ghanaians that he would make sure Woyome refund all the money to the state. Twenty four years now not even a single coin has been received.

Some powerful actors like the former Attorney General, Betty Mould-Iddrisu and her deputy Barton Oduro, who condoned, connived and supported Woyome, never appeared in court. No pressure was put on them to testify. A ruling was finally dropped against Woyome: he was either to refund the money or his properties would be sold. Almost two decades now, he has not paid back the money and none of his property has been confiscated or sold. He walks a free man.

Based on that ruling, the government of the day must, by all means and at all costs, pursue that judgement and get the money for the state. But will the money ever be refunded or any effective judgement ever brought on Woyome? Your guess is as good as mine.

Another businessman who deserves to have been convicted is this young man called Nana Appiah Mensah, born in 1984. Popularly known as NAM1 he is a businessman and the CEO of Menzgold. He promised his customers a ten percent return on investment. Indeed many people brought in gold or huge sums of money to invest. Those who invested began to make profits, until the government disclosed that Menzgold was not properly registered or licensed.

Apart from Menzgold, he is also the CEO of Zylofon media, having signed on artists like Shatta Wale, Stonebwoy, Becca, Joyce Blessing, Kumi, and movie stars such as Benedicta Gafan and Toosweet Annan. The businesses of NAM 1 began to crumble when on the 9th of January 2019, a circuit court issued a warrant to arrest NAM 1 on counts of money-laundering and fraud.

The Criminal Investigating Department (CID) also started criminal investigations against NAM 1. Interestingly, no one has pursued the case since the Company was shut down in September 2018 by Securities and Exchange Commission. Those who invested in the business have lost big time. Those who could not stand the loss have allegedly committed suicide. NAM 1 will continue to go scot-free because it is alleged he is a financier of the ruling NPP party.

A serious issue of corruption and fraud occurred at COCOBOD. Every Ghanaian expected a fair and fast trial but this was not to be. The culprits in the corruption saga were Dr. Stephen Kwabena Opuni and Seidu Agongo. Together they were charged with 27 counts of causing financial loss to the state.

The case was called at the High Court on, March 28, 2018. A year before Dr. Opuni was arraigned before the High Court, the Economic and Organised Crime Office, (EOCO) also froze all the assets he had acquired during his tenure of office as Chief Executive Officer (CEO) of COCOBOD.

The charges levelled against the two personalities came a week after Nana Akufo-Addo told Ghanaians in his address at the 61st Independence celebrations, to expect more prosecutions of persons deemed to have misappropriated funds. You will agree with me that there was no seriousness in what the President said.

Even after creating the Office of the Special Prosecutor, not a single person has been prosecuted or jailed.

Ghanaians expected that Dr. Opuni would be called by the prosecutor and if found guilty, jailed. He has neither been prosecuted nor jailed. He still walks a free man!

Since 2006, Ghana's score and ranking on the Transparency International Perception Index(TIPI), improved and it ranked higher than Italy and Brazil. Our score has now fallen low in recent years, due to corruption.

Akufo-Addo appointed Martin Amidu as the Special Prosecutor to combat the corruption affecting Ghana and jail those who are found guilty. He was eager to work but he was not allowed by Akufo- Addo and the NPP government to prosecute alleged corrupt officials. The prosecutor was fed up and resigned.

Some observers are of the view that Akufo-Addo is not allowing NDC corrupt offenders to face criminal trial so that in case the NDC happens to wrestle power from the NPP, the latter will be kind to the corrupt officials of the NPP.

There were serious issues that needed fast investigation but this was not to be. On January 13, 2015 the Central Medical Store (CMS) was consumed by fire destroying all medical supplies and equipment.

This happened few days after it was announced that stock was going to be taken at the CMS. Twelve people were busted for the CMS fire while the main arsonist, Samuel Dogbe is still on the run.

It is very unfortunate that majority of people who go to jail are the poor and less influential. The top notch in the society often go scot-free.