Don't jail Journalists for contempt - Justice Apaloo

Accra - Justice F.K. Apaloo former Chief Justice of the Republic of Ghana has asked the courts to stop jailing journalists for criminal libel and contempt offenses.

The former Chief Justice was delivering the keynote address at the latest edition of the annual New Year School at Winneba on December 29, 1999 on the theme "Consolidating Democracy in Ghana - The 2000 Elections and beyond".

Justice Apaloo said the Ghanaian press has found itself infrequently in collision with both Government and private individuals in the performance of its duty. The existence of the law on contempt and criminal is another obstacle that journalists have to contend with.

According to justice Apaloo, persons convicted of criminal libel of contempt have been sent to prison. He said unless the modern approach to criminal justice is more repressive than that of the past, it must be an abuse of judicial power to send to prison decent and otherwise law abiding persons for falling foul of free speech. Such a punishment is also exercised when a court thinks that its dignity has been offended, he added.

The modern theory of justice according to the former Chief Justice, is that "a court should be slow in familiarising persons who are not real criminals in the true sense of the word, with prison life".

Praising the press for its role in the country's democratic make-up, he said it is not a mere platitude that the press is referred to as the fourth estate of the realm. "No modern institution is more potent in keeping the government in check and exposing its wrong doings and other acts of mis-governance than the press" the eminent jurist said.

The function of section 162 (5) of the 1992 Constitution Justice Apaloo said, is to task the press "with upholding the responsibility and accountability of the government to the people of Ghana". Touching on the public's perception of judges, the jurist said the two points of contention namely: lack of courage and general unsatisfactory performance can be justified to some extent.

He trace the perceived lack of courage to some fear in the circle of judges. Since 1982, according to justice Apaloo, most sections of the society have felt intimidated. Three judges were murdered in that year for the performance of their duty, and according to the jurist, that incident has been followed by the attacks on judicial personnel. Conceeding that this could have influenced judges, justice Apaloo however said some judges could not escape the charge of judicial cowardice having accepted their positions fully aware of the culture of fear in the country.

"To entertain an excuse that they were obliged to make a decision or order on account of fear, will encourage them to be false to their oath of notice", he said.