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General News of Friday, 19 March 2010

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Justice Kpegah Takes A Bow

- After Setting The Records Straight

- Feels Disowned By NDC

*I want to set the records straight through this press release and clear the misrepresentation of some lawyers and social commentators.

(1) The reason why I took the Chief Justice Mrs. Georgine Theodora Wood,the Judicial Secretary Mr. Alex Opoku-Acheampong and the Director of Finance Mr. Prosper Adeti to Court is for the court to determine whether it is the Accountant General rather than the Judicial Service which is responsible for the payment of my monthly salary into my bank account as is being asserted by the respondents.

(2) It must be said that as a Justice of the supreme court, the Constitution and laws of Ghana guarantee my retirement on my gross monthly salary. This is part of the service conditions of any judge of the superior court of Judicature.

(3) In the type of proceedings I have initiated at the FAST TRACK HIGH COURT. The Constitution and Rules of practice require that the ATTORNEY-GENERAL be joined as “A NOMINAL RESPONDENT”. The reason why the ATTORNEY-GENERAL has to be so joined is that she is the chief legal adviser to the government and its legal conscience who must ensure that the Constitution and all laws of the land are respected by the citizens . It is important therefore that the Attorney-General’s professional, objective and unbiased views of the legal issues involved in the matter be known so that the Court can arrive at a just and fair decision between the parties before it. It is therefore, her Constitutional duty or obligation to ensure that every citizen has a fair and just treatment in the court so as to enjoy his or her freedom but also assured of justice in the courts. So that our national motto: FREEDOM AND JUSTICE can have meaning to everybody.

(4) Under Anglo-Saxon jurisprudence which is practiced throughout the common- wealth, the Attorney –General in that capacity is not ,repeat NOT allowed to adopt the case of a party and argue same against his or her opponent.This is so especially when as in this case all the Respondents have been proceeded against in their personal capacities and they have to engage their own lawyers . I was carefull not to proceed against the Judicial Service *qua *the Judicial Service . The tax payer has no obligation to pay the legal bills of MRS GEORGINA THEODORA WOOD and OTHERS as appear to be the case now because the Attorney- General has prepared affidavit in opposition to my application for them thereby efectively adopting their case. Assuming, without admitting, that they have been proceeded against in official capacities the A-G.should still have limited her role to that of a *nominal defendant* .I hope the Attorney–General and her Deputy will not be embarrassed later if it turns out that the Respondents have misled them on the crucial issue as to who pays my monthly salary into my bank account.

(5) I must say that the N.D.C government I helped put in power has now come out openly,through it’s Attorney-General, to support Mrs Georgina Theodora Wood and the other Respondents against me that the Accountant-General is the proper authority to pay my monthly salary into my Bank Account,I will accept the position for now but will still pursue what I think to be a breach of my constitutional right through the court .I also intend to engage the services of a lawyer to withdraw my personality from the lime light

(6) I am hereby giving notice to all Ghanaians that since I have achieved what I set out to do during the Presidential and Parliamentary Elections of 2008, I am happy.I thank my family and entrusted friends who supported and encouraged me to give practical meaning to the saying that the “PEN IS MIGHTHIER THAN THE SWORD.

(7) When I woke up at 4 am to draft this statement my sister rang me around 5 am and in a passionate voice, crying and sobbing advised me to leave the whole matter to God .That if now the N.D.C government for which I have I sacrificed the family interest and resign has now decided I am not to be paid my monthly salary and other entitlements by the Judicial Service which I served for almost four decades ,I should come home and farm that I shall not go hungry. I will from now withdraw into my shell and concentrate on my physical and financial rehabilitation. I could not but agree with her since she is not only a sister but a mother, father, aunt etc when I go home.

(8) I intend to write a personal letter to the Attorney-General and correct certain unpleasant things she said about me on ALHAJI and ALHAJI and on the sixty minutes program on Radio Gold. Apart from that I do not intend to speak on the issue again on any program.



PS: I want to assure lawyer SAM PEE YALLEY that I have not fallen into any N.P.P trap, if any. If the A-G.had not adopted the case of my opponents and argue for them contrary to her role as a NOMINAL RESPONDENT I would not have raised any issue with her.I just want her to limit her role to a nominal respondent as practiced in *ANGLO-SAXON JURISPRUDENCE * which is relevant in this jurisdiction. signed:

*Justice Francis Yaonansu Kpegah*