Don't direct Judges in their judicial functions - CJ

Accra Jan. 11, GNA - The Chief Justice, Mr Justice George Kingsley Acquah on Thursday inaugurated a court solely for the adjudication of motor cases in Accra with a call on all to desist from attempting to control judges in the performance of their duties.

The Motor Court housed on the premises of the Regional Tribunal would be replicated in the regional capitals.

The first Motor Court established in mid 1970s at the Trades Union Congress Hall, was abandoned by the Judicial Service for lack of accommodation.

Inaugurating the court, Mr Justice Acquah said the quest for the adjudication of motor offence had come up several times but the Judicial Service had not been able to respond to them because it lacked courtrooms.

He said most district assemblies had fulfilled their mandate of providing courthouses and residential accommodation but some people had ended up trying to dictate to the courts and calling for the transfer of judges because they had failed to tow their line.

"Let me remind all assemblies that, notwithstanding, their duties to provide accommodation and courthouses for their areas, that responsibility does not empower any assembly, or any individual and groups of individuals to attempt to direct or control any Magistrate in the performance of his or her judicial functions."

The Chief Justice said "there were indication of some tension between powerful individuals and groups against Magistrates resulting in appeals to his office to transfer those Magistrates".

He said in one case, the District Chief Executive (DCE) explained to him that the basis of the call for the transfer was because the Magistrate had remanded a staff of the Assembly in custody. Mr Justice Acquah said the Constitution of the country did not empower any DCE, individual, body or institution however high placed in the society, to control the Judiciary.

"These kinds of controls and interventions are illegal and unconstitutional," he said. He, however, admitted that there were instances where Magistrates had shown misconduct in ways that warranted their dismissal, citing excessive drinking and acts of impropriety and failing to sit as instances.

The Chief Justice said the Motor Courts were to bring sanity and instil discipline on roads.

Mr Justice Acquah observed that indiscipline by both commercial and private drivers had led to numerous accidents, which had often resulted in fatalities and damage to properties.

He told road users, especially drivers, to be careful on the road because the Court was going to be very hard on reckless, irresponsible and drunken drivers.

Mr Joe Ghartey, Minister of Justice and Attorney-General, lamented over the increasing motor cases referred to his office saying there was the need to educate citizens on the prevention of road accidents. He said his outfit was working on regulations that would cater for the use of seat belts by all motorists.

Mr Ghartey said he was happy that the Judicial Service had been able to set up the Motor Court and urged the Service not to make it redundant. Mr Joe Osei-Owusu, Chief Executive Officer, Driver Vehicle and Licensing Authority (DVLA), said road safety comprised the vehicle, driver and infrastructure but the others revolved around the driver and called for attitudinal change of the entire citizenry.

He further suggested that the Court should not only evaluate its performance on the revenue accrued but should be able to come out with a number of persons whose licences had been revoked, persons who had been directed for retesting and ban of rickety vehicles.

Assistant Commissioner of Police (ACP) Victor Tandoh, the Commanding Officer of MTTU, said the Court marked a milestone in the annals of the country.

He expressed the hope that it would make all road users responsible and curtail the increasing accidents on the road.

Mr Solomon Kwami Tetteh, President of the Ghana Bar Association (GBA), observed that the increasing number of vehicles contributed to the high indiscipline on the roads.