Who Signed Wiredu's Letter?

LEGAL and medical experts are questioning the authenticity of Mr Justice Edward K. Wiredu's letter on the request to Government for his voluntary retirement as Chief Justice.

This is because, the nature of the illness of Mr Justice Wiredu said to be suffering from “loss of muscular control” will not make it possible for him to append his signature to any letter.

One rumour, making the rounds is that the Chief Justice asked his wife to sign the letter on his behalf.

Meanwhile, what is puzzling in the minds of constitutional experts is the fact that the man, who is in his sick bed could propose and postpone the effective date of his leaving office, that is on July 1, 2003.

For although the Judicial Secretary, Mr Paul Owusu Ansah, had denied, in a telephone interview with the 'Ghana Palaver' that Mr Wiredu was not well, and declared him “fit and only resting” it is well known by all the top men in Government circles that the top man in the country's Judicial Service, was down and not capable of returning to his office.

The “judicial lie” was however exposed with the acceptance of Mr Wiredu's voluntary retirement letter, on health grounds and the subsequent nomination of Mr Justice George Kingsley Acquah for consideration by Parliament to replace the ailing Chief Justice.

But, until that duty is performed, there are still calls for Mr Wiredu's letter to be made public, for the avoidance of any future constitutional debate about the detected irregularities.

This is especially so, since callers in some radio stations wonder how a sick person, who cannot perform in office again, propose the effective date of his voluntary retirement, with a self-granted grace period.

For, it is believed, the letter, itself, had been subjected to an external manipulation by the authorities, who do not want any of the present senior members of the Supreme Court to act as Chief Justice, especially at this time, when there are some few sensitive cases, pending at the highest court of the land.

For, all the senior judges, in the line of succession, ruled in the 5-4 verdict against the legality of the Fast Track High Court case.

They are, therefore, perceived as being anti-Government by the NPP Administration.

These include Mrs Justice Joyce Banford Addo, Mr Justice F. Y. Kpegah and Mr Justice A. F. K. Ampiah.

It is, therefore, not surprising that all the three have been by-passed by the Government in the nomination for the replacement of Mr Wiredu.

In the interim, however, the country, technically, is being run, with a Judicial Service, without a head.

This is in “flagrant violation” of a constitutional requirement.

For, according to Article 144(6) of the Constitution, where the position of a Chief Justice becomes vacant, or where a Chief Justice is not able to perform the functions of his office, the next most senior Justice of the Supreme Court, acts until a substantive Chief Justice is appointed.

But 'Ghana Palaver' investigations have revealed that the Government is unwilling to comply to this provision, because of the fear of losing some of the pending cases, in which, it has deep interest or it is directly affected.

These include an application by Nana Adjei Ampofo for the law of "wilfully causing financial loss to the state" to be declared un-constitutional, the appeal in the cases involving former Deputy Minister Victor Selormey and the Quality Grain Three.

The NPP regime will only want to have a “pliable” Chief Justice, who will ensure that it “wins the cases”, in line with its agenda, by picking “favourable” panels in the political cases.

The Government's expectation is that Justice Acquah would have got the nod from Parliament by July 1, (the date fixed for Wiredu's retirement).

It will be recalled that even before Mr Justice Acquah was “jumped” over his colleagues, the Minority ranking Minister on Legal and Government Affairs and MP for Kumbugu, Alhaji Mohammed Mumuni, had called on the Government to comply with the constitutional provision (Article 144(6) and appoint Mrs Justice Banford Addo to act.

Meanwhile, the General Secretary of the National Democratic Congress (NDC), Mr Josiah Aryeh, a lecturer in Law at the University of Ghana, in an interview with Joy FM in Takoradi at the week-end, criticised Justice Acquah's nomination over and above the other senior colleagues.

He described the act as a blow to women empowerment.

Reports reaching the 'Palaver' also indicate that many women's groups in anger, are drawing up their protest notes to Parliament on this conspiracy and affront against gender equality.

They have noted, with shock, the refusal of the Kufuor regime to take advantage of making history, by appointing a woman to head the country's Judiciary Service, in the fanciful game of political suspicion.. and not that of justice.

The latest act, according to the women groups, expose the hypocrisy, which underlined the creation of a Ministry of Women's Affairs, which was only meant to provide some one with an unspecified job and not promote the interests of women, generally, as officially stated.