Afreh gets Parliamentary approval to Supreme Court

Parliament on Monday approved President John Agyekum Kufuor's nomination of Justice Dixon Kwame Afreh, as a judge of the Supreme Court of Ghana. Members voted 104 with two abstentions to approve his nomination while the NDC minority abstained.

The Appointment Committee screened Mr Justice Afreh earlier during which the Minority refused to participate. Mr Freddy W. Blay, Chairman of the committee, in a report told Parliament that members of the committee were impressed with the nominee's intellectual and legal status.

He said Mr Justice Afreh' s reputation and integrity as a jurist and a law-abiding citizen of the country could never be put in doubt.

Mr Kwame Osei Prempeh, NPP-Nsuta-Kwamang, said Mr Justice Afreh distinguished himself at the public hearing of the Appointment Committee and wondered why he was kept all this while from the Supreme Court. He proved that he was legally, culturally, "and in fact very good in every aspect of life.

"He has suffered so much injustice. If anybody says his appointment is ill timed, the person would be underrating him. He is more than qualified for the Supreme Court."

Mr Isaac Adjei-Mensah, Deputy Minority Leader, said the Minority was not against the person of Mr Justice Afreh, because they all knew his capabilities as a jurist. "We are against the timing and circumstances in which he is being appointed. He is being appointed to swell the number at the Supreme Court for the review. Posterity would judge whether we did this on the principle of the appointment or the person involved."

Mr Peter Ala Adjetey, Speaker, asked the member to be circumspect in his pronouncement since what he saying was filled with derogatory connotations. He said the member's statement conveyed the impression that the Judge was a person, who would lend himself to be used.

Mr Adjei-Mensah said it was obvious that he would support the Fast Track Court idea since he had been sitting on the court for some time.

Papa Owusu Ankoma, Majority Leader, said there was nothing unconstitutional about the nomination of Mr Justice Afreh. The people of Ghana gave their mandate to the New Patriotic Party (NPP) to make decision on their behalf so those outside could not dictate to the government. He said the government would under no circumstance try to dictate to the Courts. "President Kufuor himself believes in the independence of the Judiciary."

Almost all the Supreme Court Judges were Afreh’s students

Mr Justice Dixon Kwame Afreh told the Parliamentary Appointment Committee that except the Chief Justice, Mr Edward K. Wiredu and a few others, the rest of the justices of the Supreme Court were his students.

Mr Justice Afreh said he was told that he was nominated for the Supreme Court membership in 1995, 1997 and 1999 adding; "I did not know why my nomination was shelved. It was best known to whoever did that. It is now my time." Mr Justice Afreh, a nominee to the Supreme Court, was answering questions before the Committee that vetted him for his appointment as a member of the Supreme Court.

He said the former Vice President, Professor John Evans Atta Mills, Kwamena Ahwoi and a host of current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for Kumbungu, who was leading a boycott by the Minority against his nomination, had all been his law students.

Referring to the timing of his nomination when there were indications that he would be sitting on a review of an earlier decision of the Supreme Court, Mr Justice Afreh said the critics were not challenging his qualification and merit to that office.

"There has not been reference to my achievements, which could have addressed the fears of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now since my nomination." He said he qualified to be a member of the Supreme Court long ago "and if today I am to go there then I console myself that this is the time for me to go."

Mr Justice Afreh said; "my nomination and if I am appointed would be a matter for the future. I don't believe in crossing the bridge before coming to it. My going to the Supreme Court will not be whether it is appropriate for me to sit there or not." He dismissed the claim that he was going to be at the court to be a judge in his own court saying; "I am not an accused in the Fast Track Court case nor a party to any suit.

"Even though, I was sitting at the Fast Track Court I don't think that constitute grounds for me to be labelled as a judge in my own case. To be a judge in your own court means that you cannot arbitrate in a particular case where you have interest."

Mr Justice Afreh said Alternative Dispute Resolution could be worked into the main judicial system to ensure peace and reconciliation and at the same time it should be possible to give legal backing to judgement from the traditional authorities.

Justice Afreh calls for improvement in crime detection

Mr Justice Dixon Kwame Afreh, a nominee to the Supreme Court, on Monday said there should be a major improvement in crime detection and prosecution to rid the country of lawlessness and indiscipline that tended to have adverse repercussions on the judicial system.

He said spouse murder, serial killings, lawlessness including violent students demonstrations and careless driving could drastically be curbed if the method of crime detection and the law enforcement agencies were made efficient. Mr Justice Afreh was answering questions before a parliamentary Appointments Committee that vetted him for his appointment as a member of the Supreme Court.

On his association with military regimes in the country's history, Mr Justice Afreh said he was liberal minded and was asked to serve in various capacities at places his services were needed but he declared; "never again should we have a military regime in this country."

He said; "never should students, who go on demonstrations and destroy property be allowed to go scot-free. It should be possible that those from 12 years and above should be held responsible for their actions. Students, who destroyed property, should be surcharged for the destruction caused.

"The impression should not be created that one can get away after breaking the law and this is where it is necessary to improve crime detection and enforcement of the law to make the courts work easier and to avoid delays in the judicial system".

He said the accusation of perceived corruption against the judiciary could either be misconceived or could sometimes be true but the essential thing was that anytime judgement was given in a civil case the judge automatically incurred the displeasure of the guilty party.

Again in criminal cases there had always been prejudicial judgement arising from publicity making the accused appeared already guilty before the public and when a judge found the accused not guilty because doubts were raised during the trial then the accusation of corruption of the judge would be made.

Referring to the timing of his nomination when there were indications that he would be sitting on a review of an earlier decision of the Supreme Court, Mr Justice Afreh said the critics were not challenging his qualification and merit to that office.

"There has not been reference to my achievements, which could have addressed the fears of those MPs, who have declined to participate in my vetting. I have not been comfortable for a week now since my nomination. "I have qualified to be a member of the Supreme Court and if today I am to go there then I console myself that this is the time for me to go."

Mr Justice Afreh said; "my nomination and if I am appointed would be a matter for the future. I don't believe in crossing the bridge before coming to it. My going to the Supreme Court will not be whether it is appropriate for me to sit there or not."

He dismissed the claim that he was going to be at the court to be a judge in his own court saying; "I am not an accused in the Fast Track Court case and a party to any suit.

"Even though, I was sitting at the Fast Track Court I don't think that constitute grounds for me to be labelled as a judge in my own case. To be a judge in your own court means that you cannot arbitrate in a particular case where you have interest."

Mr Justice Afreh said except the Chief Justice, Mr Edward K. Wiredu and a few other members of the Supreme Court all the rest of the justices have been his students.

He said the former Vice President, Professor Atta Mills, Kwamena Ahwoi and a host of current and former ministers and MPs including Alhaji Mohammad Mumuni, MP for Kumbungu, who was leading a boycott by the Minority against his nomination, have all been his law students.

Mr Justice Afreh said he was told that he was nominated for the Supreme Court membership in 1995, 1997 and 1999 adding; "I did not know why my nomination was shelved. It was best known to others. It is now my time."

He said he is a social democrat and that he believed that every child whatever his parentage should be able to have education to the highest level and he abhorred poverty, which abounded in the rural areas and sometimes felt sad for the poor. It should be possible that there should be state intervention to reduce poverty and to ensure that everybody had his or her due.

Mr Justice Afreh said Alternative Dispute Resolution could be worked into the main judicial system to ensure peace and reconciliation and at the same time it should be possible to give legal backing to judgement from the traditional authorities.

He said it should be possible that the all the universities in the country could run degree courses in law but what was important was that the Ghana Law School and the library of the Supreme Court should be stocked with new books.

He deplored the library condition at the Supreme Court saying it was difficult to carry out any meaningful research there. Mr Freddie Blay, Chairman of the Appointments Committee told the Ghana News Agency that the report on the nominee would be ready on Monday and would be laid for approved by Parliament, which is scheduled to rise "sine die".