Opinions of Saturday, 29 December 2018

Columnist: Kyei Baffour

Kyei Baffour reasons with Prof. Kwaku Asare on Justice Atuguba's bribery allegations

Justice William Atuguba Justice William Atuguba

Finally, Justice William Atuguba has broken the myth surrounding the perceived bribery allegations within the Judiciary! This corroborates the Ace Investigative Journalist, Anas Aremeyaw Anas Bribery expose'.

There are laws in Ghana that enjoins anyone to report any form of financial impropriety. The law anticipates that, in the performance of one's duties there can be likelihood of undue influence, hence providing a remedy for such acts to be reported.

Section 252(2) of the Criminal Act highlights "Accepting or giving Bribe to influence public officer or juror" as highly criminal and unethical. The Rtd. Justice of the Supreme Court made some revelations during an organised lecture by the Catholic Church in Accra and I quote "... you can’t believe that some people will even dare try to induce even Supreme Court judges with MONEY to decide cases in their favor [Ghanaweb December 2018]." The aftermath of the lecture has spread like bushfire in the harmattan season for which some legal luminary are calling for appropriate steps for such occurrence to be reported by the Learned Judge. Section 1(1) of the Whistle blower Act calls for such impropriety to be reported and clearly, this quoted section confirms part of Kwaku Asare's statement that "....guilty of obstructing justice. ...".

Kwaku Asare, a U.S. based Ghanaian Professor and Private legal ptactioner is equally on Justice William Atuguba to be compelled to give further and better particulars of such attempt and he is of the view that, they are clearly criminal and his (Justice Atuguba) failure to report the crime to the police makes him at the very least guilty of obstructing justice, misimprisoning felony". There should be a cause to worry if the custodians of our laws feel it difficult to report matters bothering on crime, then the motto "Justice and Fair play" is clearly defeated.

After the 2012 Presidential Election Petition; there was an audio tape in circulation and in that audio, a conversation was heard between a Minister and a friend and the Minister highlighted the role some key people played in the Election Petition to get what they had in their favor. Matters of this nature cast a spell on the image of the Judiciary. I believe the call of Kwaku Asare and other legal persons for Justice Atuguba to report such crime is in clear direction.

A story is reported of how a judgement was given to a party who was seen often times at the residence of the judge who adjudicated the matter. {Ghanaweb; Judge recuses himself as Shaanxi officials attempts to bribe Journalist}. Ghana's code of Conduct for Judges and Magistrates, Rule 2 and 5 stresses the need for judges to avoid whatsoever might cause their impartiality to be reasonably questioned or erode public confidence.
To end; the Retired Justice must take upon himself to redeem his image by reporting such perpetrators to the police as suggested by Kwaku Asare or organise series of lectures for the Bench to report such incidental occurrences!


Kyei Baffour

The Black Nationalist

Mcbrainpee@gmail.com