RE: Legal Profession is not Market Driven Business

A Retort and Humble Questions for Chief Justice Wood and Attorney General Ghartey

"We as the custodians and enforcers of the Constitution need to constantly remind ourselves that the achievement of the concept of access to justice depends heavily on us in the way and manner we administer justice" – Mrs. Justice Sophia O. A. Adinyira, Supreme Court Judge, Ghana.

This piece discusses the reality, rationality, and reasonableness of statements attributed to Chief Justice Woods and the Ghana Attorney General in Koforidua as reported by GNA on 1 October, 2007 and posted on Ghanaweb. It is also informed by the “50th legal year celebration” event in Accra reported by GNA 4 Oct 07. This second event, titled "Access to Justice to Justice - Strengthening Judicial Integrity and Capacity," was chaired by Justice Adinyira. At that event, Justice Adinyira appealed to judges “to also continue to dedicate themselves to build a truly independent, competent, efficient and effective judicial system.”

So here we had the Chief Justice of Ghana and the Attorney General of Ghana in Koforidua massaging themselves, their conscience, and their independence. They were asking other attorneys, even those in private practice, to do the right thing while they themselves are seen by many as not be fully articulated to doing the right things and even ignoring the wrong things. Fact it, one could not for a minute determine what was important to them, or what had higher priority over anything for the people. Nor could one determine whether the Judicial Officer (CJ) had any independence from the Executive Officer (AJ), or vice versa.

Many people on Ghanaweb who saw the report did not think that the statements by the AJ and Justice Woods jived with reason or reality. There are several questions many people have asked on this forum that might be of interest to Mr. Ghartey now that he seems to be alive. The general question is what was the last thing he, Mr. Joe Ghartey, Attorney General and Minister of Justice, did “to support efforts aimed at enhancing freedom and justice, the rule of law and to deepen democracy in Ghana”?

For Mr. Ghartey, one would like to ask whether there is a priority or rhyme to the “Interstate Succession Bill, the Property Rights of Spouses Bill, the Freedom of Information Bill and the Defamation Bill.” Apparently these are all bills “under consideration” by someone or some body that Mr. Ghartey knows about. Further, isn’t it true that he Mr. Ghartey has been Missing-in-Action (MIA) in all the important cases and events requiring his agency’s attention? We can consider just eight (7) questions/instances where the AJ’s MIA status is most shameful and disheartening.

For Attorney General Joe Ghartey:

1. Ghacem/Scansem – Why has he not packed his bags and gone to Norway or is that considered a “perception” of corruption?

2. Asset Declaration Law enforcement – Why lack of Enforcement and public reports, if only to say where we are with respect to the filings?

3. 1000’s of cases of CITIZENS under remand in prisons for weeks, months, even years, CITIZENS who have never seen a judge. Why deprive citizens citizenship and how much suffering can you allow?

4. Sheepishly accepting CHRAJ findings of “No Recommendation” as fact and neglecting to investigate independently – Why must CHRAJ be your investigative division?

5. Failure to issue strong condemnations and prudent public policy statements about rampant Mob Violence and to underscore that there is no “Justice” in “Mob Violence,” therefore “Mob-Justice” is an oxymoron that ought to be ostracized- Self explanatory!!

6. Failure to issue strong condemnations against official corruption and abuse of power -Self explanatory!!

7. Failure to warn that perceptions of corruption are grounds for investigation of all activities associated with each person the source of those perceptions of corruption - Self explanatory!!

For the Chief Justice we can consider just three (3) questions:

1. Why is it taking forever to decide the simple matter of the case whether CHRAJ can investigate perceptions and reports of official corruption in the press without a formal written complaint by a living person, to CHRAJ?

2. Why do you think that lawyers in private practice should not be focused on bottomline economics and “self pursuit,” even thought government officials receiving compensation and all manner of fringe benefits are engaged in the same bottomline economics and “self pursuit,” and doing that illegally?

3. How long do you think Ghana should wait for passage of a strong Freedom of Information Bill?

So it goes!!! Questions for others smarter and more powerful than Prof Lungu to ponder and to take action, even little actions, if they are so inclined.

JUDICIAL UPDATE – The Chief Justice announced at the 4 Oct event in Accra that “…the Judicial Service was going to employ some students from the Kwame Nkrumah University of Science and Technology, Law Faculty to assist judges with research work….” As Prof Lungu has said before on this forum many times, lots of the cases and issues before the courts in Ghana can be quickly researched and decided by small groups of 2nd-3rd year law students. And that includes the Ghana Freedom of Information Bill (FOIB) and the CHRAJ case before the CJ herself.