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General News of Wednesday, 17 July 2002

Source: Chronicle

Attorney-General Backs President

Justice Minister and Attorney-General, Nana Addo Danquah Akuffo Addo, has said that the President is doing so well that both the government and the party are behind his leadership and therefore his mandate has to be renewed in the 2004 elections.

He made this statement when this reporter asked him if he was filing for the presidential candidature for the 2004 presidential elections as he did in 1998.

The Justice Minister emphasised that because the NPP's programmes are systematically implemented, there is the need to renew the president's mandate.

This, he said, would enable him continue with the programmes he is implementing.

As would be recalled, the party announced the opening of nominations a couple of weeks ago which was in tune with the NPP's constitution which stipulates that two clear years before the presidential elections, the party should meet at a national congress and select its presidential candidate irrespective of whether the President of the Republic is from the party and has not served two terms or not.

On the perception of a section of the public that government is manipulating the judicial system, the Justice Minister said the criticisms are unfounded.

He explained that all the 10 judges of the Supreme Court were appointed by President Rawlings and therefore it cannot be said that they had any allegiance to them.

He stated that the 5-4 panel had four of the judges accepting the Attorney-General's point for a review, adding that it was Tsikata who wanted the same panel to sit on the original case.

"That would have flown in the face of the practice and convention of that case whereby the review panel is differently and largely constituted from the original whose reason is not far to find".

The justice minister added that as happened on the review, the original nine merely repeated their entrenched views with none of them changing their minds.

If the matter had gone before the original panel, the case would have been the same he argued stressing that it is always necessary to introduce fresh minds on the review panel.

Nana Akufo Addo again explained that at the time of filing the review, the justices of the supreme court were 10 which was not possible hence the need to appoint the 11th member to the court saying that it is obvious for manupulation to take place in the system.

Finally, the AG said Tsikata had a poor case which has been shown now.

The minority spokesperson on legal issues, Hon. Mohammed Mumuni, on his part said the judicial system has been clearly manipulated in the sense that after the 5-4 decision, the Attorney-General called a press conference to announce his decision for an application for a review when the detail reasons of the justices had not been made public.

He stated categorically that the Minister of Finance, Mr Yaw Osafo Maafo, and the Minister of Private Sector Development, Mr Kwamena Bartels, wrongly castigated the decision of the Supreme Court, adding that the president being in Australia at that time pronounced the decision as very strange which should find its way around.

Shortly afterwards Justice Afreh was appointed to join the panel which was in anticipation of the hearing.

Hon. Mumuni stressed that Justice Afreh's nomination is a clear manupulation of the judiciary, explaining that Afreh was an appeal court judge sitting as an additional Fast Track High Court judge so it was clear that he would rule in favour of the AG.

He contended that the Fast Track High Court was specifically intended for former ministers and NDC functionaries who has in one way or the other misused state funds instead of its earlier purpose of dealing with civil cases.

Hon Mohammed Mumuni has therefore advised the government to severely distance itself from any temptation to manipulate the judiciary whether directly or indirectly using legal subterfuge.