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Opinions of Saturday, 10 October 2015

Columnist: Seshie, Stanley

Anas, the Judicial Scandal and the Search for Justice...

Opinion Opinion

History is awash with upheavals in almost all institutions. The knowledge and behavioral reformative to transformative fallouts of these upheavals to such institutions and humanity are truly overwhelming as invaluable. Yet, in some of these cases, the upheavals do not only shake the foundation of the institutions involved, but also those who initiated and sustained it.

I shall use where I am vanishingly conversant with to illustrate the likely implications of the Anas latest work, exposing the corruption in the Judiciary to Anas himself.

I do not understand all the ongoing legal battles, but via quantum physics, there is a higher probability of guessing the uncomfortable implication of his latest work if the procedural laws and technicalities to prosecuting the accused Judges involved in the scandal are pursued in the spirit of the laws.

In the 1900s, when philosophy of science was riding on the success of Newtonian mechanics in its explanations and precisions, the reality of the Universe per its operation was deemed as deterministic.

However, from nowhere (though the shadow was long cast) comes, a series of serendipitous explanations to compelling unresolved works that culminated into what will later on became known as Quantum mechanics.

Albert Einstein, Neils Bohr, Werner Heisenberg, and Erwin Schrodinger among others contributed towards this marvelous structure.

Yet, it was only when the foundation of the structure was securely built and its implications delved into, that an active contributor like Albert Einstein realized the inevitable uncomfortable (to him, though) revelations.

The cherished world of certainty and determinism anchored on the success of Newtonian mechanics had to give way to that of uncertainty and indeterminism. The Universe is fundamentally indeterminate and, observes those who come with tools to observe it at the basic level. A bizarre implication, that knocked off Albert
Einstein of all thinkers.

Would Anas be Einstein in his contributions to reforming the Judiciary?

That is, contrary to assurances of classical physics that man can do all the interfering in nature called experimentation without being observed, quantum mechanics repudiated that belief.

In sum, you can take things for granted in the classical world, not in the quantum
world. In other words, you can take things for granted when exposing corruption in other institutions, but surely not in the Judiciary. It is the foundation of Ghana's democracy. It is the microscopic world where our confidence in justice stems from. That is why it is costly looking into the microscopic world, looking into the judicial institution to find out how it works inside out. The outcome certainly
affects the man who goes in to observe.

The current legal twists and turns surrounding and permeating the Judicial corruption scandal hitting the nation is a reflection of the potential uncomfortable outcomes awaiting Anas himself. Unlike the settings of CEPS Officials, the Psychiatry Center, Osu Orphanage Home, DVLA Officials, and other numerous works of Anas, that of the Judiciary is of different setting.

The same methodology, immunity
granted by the Attorney's General via the Whistle Blower's Act as well as his secured identity behind the veil, that were taken for granted and hence completely unquestioned seems to be "losing" that protective shields in this latest scandal. It seems the setting of the Judicialcorruption scandal unfortunately is having all characteristic of the quantum world, bent on observing the observer, using all the necessary legal avenues even if it means the accused Judges will go down in
history as guilty of the allegations.

A section of the public had watched the "Ghana in the Eyes of God" video. It was a confirmation of perception that the Judiciary is corrupt. As usual the public held Anas in high esteem, and deservingly so for revealing it documentarily. Investigative journalism is initiative and proactive, hence uncovers systemic corruptions. Anas' works cut across all institutions in Ghana, and the appropriate
authorities deal smoothly and switfly with them per the evidences.

A reason to think that the hasten slowly pace with which this video documentary evidence is been handled, probably because in involves Judges reveals more about the full circle implications of the consequences than the proverbial wheels of justice grinding slowly.

The submissions of petitions upon petitions by the accused Judges through their respective lawyers to the appropriate Courts for injunctions to be ordered, and challenging who has the authority to form committees and its composition thereof among others for the preliminary sittings to establishing a prima facie case are telling enough.

Even if the processes grudgingly took off per satisfactions, the legal tussle variously couched in procedural laws and due deligence to ensure justice for both the accused and accuser occasionally comes on and off. The lawyers of some of the accused Judges, led by Ndebugri are putting forth compelling argumemts regarding cross examinations in the courtroom, wherein the person to be cross-examined in the dock can never be veiled.

Everyone in the courtroom particularly the lawyer doing his job of cross-examination
must see the face of the one in the dock during the sitting in the court of competent jurisdiction. In short, Anas must appear in the dock unveiled, as the lead defendant in a case imbued with the potentiality of destroying the entire carrier and life of the accused Judges for, willingly or unwillingly engaging in corruption.

With respect to Anas appearing unveiled in dock, the reverberating response from the Ghanaian public is NO and it is not difficult to imagine. Anas' job is intrinsically risky and yet, it is to the good of Ghana. He does it cheerfully, therefore must remain an enigma.

Like Nature, let everyone construct their own "real Anas" anytime they see the veiled persona appearing and disappearing like the finer subatomic particles. The overarching good of Anas' work to Ghana, is enough for the nation via the same Judiciary to act decisively to appear to have bent the legal rules regarding appearing in the dock.

Is this not common sense that sounds reasonable and convincing to everyone? Why
should it be too difficult for the learned people at the top to grasp? Well, that is the crux of the upheaval awaiting the nation.

The common sense that, at all levels man can remain veiled in interfering with nature called experimentation to glean knowledge for the good of humanity and, whether to take it for granted or not was the clash between classical and quantum physics. In fact, the same common sense that Anas' work is to the good of Ghana, therefore he should remain velied in all institutions, even in the dock and whether
that should be taken for granted or not, is the additional clash to hit the judiciary and nation therefrom. Common sense never prevails in the world of Quantum mechanics. Would it in the Judiciary?

If the common sense attachment prevailed, it will set a precedence for future emulations in subsequent cases. Meanwhile if the common sense attachment fails, the observer will be observed. Also, in that regard, even if the latest documentary evidence of corruption in the Judiciary is the culmination of his entire revelatory works, it is possible that his life and future works shall theoretically, if practically be threatened.

Alternatively, a look-alike Anas can be substituted, which might carry the possibility of problems arising during cross-examination if the person do not have all necessary information to express himself as Anas would in answering the cross examiners. Some upheavals do affects even the initiators.

So the question remains, will Anas Aremeyaw Anas-the observer be observed? Whichever way it is, as the rules stands now, one thing is clear. The Judicial institution is like the quantum world, where you cannot go in there with your tools to observe what goes on and at the same time be hoping not to be observed. Anything else would have a resemblance of what is being fought in the institution itself.

In that regard, we shall all go back, sit among the ancient Athenians, and listen to Socrates and his comtemporaries discuss what Justice is. This is because, what is Justice if it includes observing the observer in order for the observed to admit being observed.


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