Freelance Investigative Journalist Manasseh Azure Awuni has
expressed worry over the fact that the conversation on social media points to
the fact that if the NDC goes to court, they will not get justice even if they
have a strong case.
To him, this conversation is
dangerous for Ghana Democracy because the law courts and the Justice systems
are supposed to be the last resort for people t seek justice in the country.
Therefore if the justice systems
cannot be trusted, then the country is in a dark place because most people will
be forced to resort to taking the laws into their own hands.
Below is his write up
“GO TO COURT!” Will I get
Justice?
In the wake of the disputed
elections that have been made murkier by the error-ridden results from the
Electoral Commission, the chorus that is being sung to the opposition NDC is,
“Go to court if you think you have a case.”
It is a good call to make, but on
social media and in personal conversations, the overwhelming opinion is that
the NDC has no chance in getting justice in court no matter the strength of
their case. This is worrying and dangerous for our democracy and for the safety
and security of our nation. The main reason someone will heed the advice not to
“take the law into their own hands” is when that person knows that they can get
justice if they leave the law in the hands of the police, judiciary and other
adjudicatory state institutions. But is that case?
If a typical Ghanaian holds a cup to a water dispenser that
isn’t empty, he or she is assured of water. But is the average Ghanaian assured
that true justice will be dispensed in the courts, especially if they’re up
against the rich or politically connected? A number of reasons account for the
falling confidence in the judiciary, but the judiciary itself has not helped
its image in the way it has handled some issues in the past. Despite its
shortcomings, the judiciary is one institution I treat with the same reverence
I give to the only traffic light in Burma Camp.
I was, therefore, scandalized
when a sitting member of Parliament sat on TV and insulted a judge with words I
cannot repeat here. As usual, the reaction on social media was, “Apuu! Wait and
see if the judiciary will treat it the same way they would have treated such an
attack on its judges by an ordinary or opposition member of the public.”In
2016, the court swiftly jailed the Montie 3 who scandalized the court. In the
2013 election petition hearing process, Justice William Atuguba showed those
who had scandalized the courts their real sizes before jailing some for
contempt. In this case, the uncompromising judge who was handling the MP’s
contempt case and showed signs of “dealing with him” was removed from the case
because he was said to be hostile.
And since then, the pace of that
case is now slower than that of a badly wounded snail. It was adjourned and we
don’t know when the trial will resume. And the general public is watching the
delay with keen interest. Our judiciary is our last hope. If a politician or
powerful private individual knows that they cannot break the law and have their
way in court, they’ll think twice before acting. A person or group of persons
who are aggrieved will hardly take the law into their own hands if they know
they’ll get justice in court.
It is in everybody’s interest to
have not only an independent judiciary but also a judiciary that has integrity,
one that is consistent with the justice of the principle irrespective of who is
involved. Our judiciary should not only be doing this, but it should be seen by
the public to be doing it.No matter our statuses and current positions, we
humans —including judges—are more vulnerable than we may think. If you’re in a
position of strength today, you or your relative may be in a position of
weakness tomorrow. We should fight for systems that we can trust both in our
real or perceived invincibility and in our lowest state of vulnerability. In
the disputed 2012 election, the opposition NPP cried foul after the judgment
and the incumbent NDC rejoiced.
Why do the NDC think they will
not get justice from the same court? Does the change in political positions and
judicial composition affect the course of justice? We should get to a point
that if a party loses a case in court, public opinion will not sway towards the
theory that they lost because of who they were up against and not on the merit
of their case.
God bless our Homeland Ghana.
And make our judiciary great and
strong.
Bold to defend forever.
The cause of freedom and of
right!
The cause of
freedom and of right!
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