Don't lead the judiciary into crisis of confidence - NDC

The National Democratic Congress (NDC) on Thursday implored the government and those making provocative pronouncements on the ruling in the Tsatsu Tsikata's case to be careful not to create a crisis of confidence in the judiciary among the populace.

Alhaji Mohammed Mumuni, NDC Parliamentary Spokesman on Constitutional and Legal Affairs, told the press conference that there was "clearly a subtle and orchestrated campaign to cajole and intimidate the Supreme Court and the five majority judges in particularly in the run up to the review that the NPP (New Patriotic Party) government has applied for.

"We refer in particular to a statement by Mr Kwamena Bartel, Minister of Private Sector Development on the GTV breakfast show on Tuesday (March 5), and others by Mr Sam Okudzeto, a Former President of the Ghana Bar Association as well as statements on FM radio stations by lawyers from the former chambers of Nana Addo Dankwa Akuffo-Addo, the Attorney-General".

Alhaji Mumuni, who was flanked by some NDC MPs and Mr Kwaku Baah, Legal Adviser of the Party, said it was unfortunate that the five judges were being scandalised and subjected to verbal harassment by the section of the media that had compromised their objectivity and could not see that the judges were performing their judicial duties.

He said the; "NDC believes firmly that anyone, who has misappropriated state funds or causes unjustifiable loss to the state, whether yesterday, today or tomorrow, must face the law, but it must be before a constitutionally established court".

Alhaji Mumuni said the Government had directly interfered with the work of the judiciary by expecting all such persons put before the fast track court to be found guilty.

He said the Government has done that "by linking the court's decision to the alleged government conviction that people who have misappropriated state funds or caused unjustifiable loss to the state would not be allowed to go scot-free".

Alhaji Mumuni said; "the Supreme Court's decision was clear and lucid, it admits of no interpretation, it admits of no ambiguity, it only admits of compliance".

He said Nana Akuffo-Addo had boxed himself into a corner because "a review does not imply a stay of execution. "Until the review the decision of the Supreme Court stands especially as it is a declaratory judgement and takes immediate effect so that contrary to what Nana Akuffo-Addo says the ' status quo ante' does not remain".

Alhaji Mumuni said it would be inappropriate for the Chief Justice, Mr Edward Kwame Wiredu to sit on the review panel since he could not be a judge in his own court as "the Chief Justice swore to safeguard, protect and defend the Constitution.

"His conduct in breaching the Constitution by setting up unconstitutional and illegal court is extremely grave and serious and undermines his judicial oath".

Alhaji Mumuni said the Chief Justice hit the limit of judicial propriety when he condescended to justify his position on radio while abandoning his colleagues, who had cause to disagree with him.