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General News of Wednesday, 20 March 2002

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Gov't advised not to repeat past mistake on court rulings

Koforidua (Eastern region) -- A Legal Practitioner, Nana Addo Aikins on Tuesday cautioned the government against rushed actions in Tsatsu Tsikata's case, since any such act would open the government up for criticisms of persecution and harassment. The government, he said, should allow the case to take its normal course within the circles of usual and appropriate investigation and judicial authorities.

In a statement issued in Koforidua in reaction to public concerns raised after the Supreme Court's and High Court's ruling in the Tsatsu Tsikata's case, Nana Addo-Aikins, who was a former Tribunal Chairman, stressed that the "government should not be led to repeat the mistakes of past governments on court rulings to avoid self-induced crisis and agitation".

"Comments and actions from the Executive must of necessity be such as would not arouse public suspicion of government's hidden intention to use state power to advantage over the Supreme Court's ruling in Tsatsu Tsikata's case as has been the case with Ghana's past governments in relation to court rulings"

The statement said the rulings of both the Supreme Court and High Court in the case has seriously put the independence of the judiciary, the rule of law, the nation's stability and the credibility of the NPP government at stake.

"Reactions from, especially the government to the rulings of Tsatsu Tsikata's case must, therefore, be one that should not offend the due process of law, the national interest and government's own avowed commitment to the rule of law and good democratic governance", the statement said.

The Government's appointing authority in the judiciary, the statement noted, must be exercised with utmost care especially, with regards to appointment of justices of the Supreme Court for the impending review of Tsatsu Tsikata's case.

Appointing new justices at, "this nick of time from the justices of Fast Track Courts for the review of Tsatsu Tsikata's case whose main issue for determination is the constitutionality or otherwise of the Fast Track courts, will surely cause a serious national concern whose solution would lie in government giving any such idea a second thought." the statement said. "There is always a price to pay for commitment to the rule of law and good democratic governance." the statement added.