Chief Justice apologises to public for wrongful application of law

Cape Coast, Dec. 22, GNA- The Chief Justice, Mrs Justice Georgina Theodora Wood, on Monday apologized to Ghanaians particularly drivers, for the wrongful application of the Road Traffic Act 683, instead of the amended Act 761, which resulted in heavy fines and subsequent imprisonment of some drivers.

She explained that some of the courts, namely the circuit and district courts were not aware of the amendment of the Act this year, and continued to apply Act 683, which created a lot of panic among drivers because of the heavy fines, and prison terms imposed on defaulters.

Mr. Justice Clemence Honyenuga, a justice of the Court of Appeal who rendered the apology on behalf of the Chief Justice at a press conference in Cape Coast, said the situation had been unintentional and that mechanisms had been put in place to prevent a recurrence. Mr Justice Honyenuga, said in view of this, the CJ has appointed an appellate court judge to vary or revise all motor traffic cases since October 3, 2008, when the amended Act came into operation adding, that similar directives had been issued to all supervising high court judges in the regions.

He said in this regard, those who have been wrongly imprisoned for their inability to pay the fines would either be released or have their sentences drastically reduced, under the new Act 761, while those who managed to pay, would also have their fines reduced or refunded if possible, according to the law.

He said arrangements had also been made to supply the amended Act in large quantities as promptly as possible, to all courts in the country, stressing that it was the duty of the Judiciary to apply the law.

"There are provisions in the court amendment Act 2002, Act 620 sections 52 and 53 which require every magistrate to send monthly list to the high court and the supervising high court judge in-charge of a region to revise the decisions of the magistrate if they went wrong in the exercise of their criminal jurisdiction".

Mr. Honyenuga denied a report in a section of the media that the CJ had transferred 190 cases awaiting judgment and pending before Mr. Richard Asiedu-Badu, a circuit court judge in Cape Coast.

He explained that all the cases that had been transferred from Mr Asiedu-Badu's court had been new cases, stressing that all transfers are made in good faith and assured litigants that the adjudication of their cases which had been pending for a long time would be continue.

Both Mr. Asiedu-Badu and Mrs Justice Francisca Owusu-Arhin Supervising High Court Judge denied that the media had approached them for clarification, before coming out with the story.