When Godless Judges become courtroom terrorists

6th April, 2007

Attention:
Justice Francois Yaonansu Kpegah
The Acting Chief Justice
Republic of Ghana

Re: Richard Osae-Duodu vs. Nana Amma Obenewaa: Suit # BL637/2004

Judge Kobena Adoe Acquaye’s humiliation of the Regional Land Commissioner, Mr James Dadson, who testified as defendant’s witness in his courtroom on 2/04/07 was a spectacle untypical of a trained judge.

A judge who becomes oblivious to the values of justice, and devalues his/her position as an impartial arbiter of fact must be treated with utter contempt. Applying his bullying mannerism, Judge Acquaye contended that the Regional Lands Commissioner has no right to expunge the name of the plaintiff, Mr. Richard Osae-Duodu, from the Commission’s official records, even when an internal investigation conducted by the Commission, and Police Forensic Report found the plaintiff’s indenture to be forged. In Judge Acquaye’s opinion, the Lands Commissioner doesn’t have the authority to delete false information from the Commission’s search records when the matter is before the court.

Perhaps, unbeknownst to the unlearned Judge Acquaye, the Lands Commission is an autonomous body with vested powers to initiate an internal investigation into claims of fraud filed by citizens. As a self-regulatory agency, the Lands Commission has the statutory authority to make necessary changes to the Commission’s records when there are compelling reasons to do so, and rightly did the Regional Lands Commissioner exercise his official duty as stipulated by the law.

Where is the wrongdoing in the Lands Commissioner’s action? Since when did the enforcement of an independent body’s official policy become a crime to invite the scorning of a government official by a judge who thinks that he can overstep the boundaries of the judiciary into an unrelated administrative space where he has little or no expertise? Is there uniformity in the interpretation of our nation’s laws, or just an obscure legal guide open to conflicting interpretations by self-serving judges?

My Lord, would it too much for me to ask Judge Kobena Adoe Acquaye to answer the following questions: (a) what part of judicial law allows a plaintiff to use forged documents to initiate court proceedings against another citizen when relevant documentations exist to support my claim that I am the rightful and legal owner of the said land?, (b) is there any law that justifies the absence of a plaintiff from every court sitting without any formal reprimand from a presiding judge?, (c) is it within the framework of the law to allow a judge who openly admits that the plaintiff’s is his friend to preside over a case brought before his court by his bosom friend?, (d) does any of the nation’s statutes allow the impersonation of a plaintiff by another friend with the full knowledge of a sitting judge?, (e) what was the motivation behind Judge Acquaye compelling me to bring my grantor from England to give signature samples, when as a matter of fact, there were a few of such signatures in the court docket?, (f) if bringing my grantor was crucial to establishing me as the rightful owner of the land, why didn’t Judge Acquaye, in his proudly displayed knowledge of civil law, compel the plaintiff to bring to court his grantor who lives in close proximity?, (g) what prompted Judge Acquaye to allow the plaintiff to amend paragraphs 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 18 on his initial application? (h) why did the plaintiff all of a sudden change his claim from the rightful owner of my land to an innocent purchaser after the Police Forensic Report had disputed the authenticity of the signatures on his documents? (i) is this another manufactured reason, among other failed ones, to invoke Act 2 under the Protection of Purchasers Act, Legislative Instrument 118, which does not apply in the case herein? (j) why did Judge Acquaye lift the interim injunction despite my plea that we wait for the police to complete their investigation to determine the rightful owner of the land?, (k) in establishing preponderance of evidence, can a sitting judge use the testimony of a mason, the plaintiff’s sole witness, to override the testimony of the defendant’s grantor, Police Forensic Report, the sworn deposition of the Greater Accra Regional Lands Commissioner, and statements from the Criminal Investigations Department?, and (l) does it make any sense for Judge Acquaye to support the plaintiff’s argument that he did not receive a registered letter from the Lands Commission with the excuse that his name on the letter was misspelled with an “m” instead of “e”; thus, Osa(m)-Duodu instead of Osa(e)-Duodu?

My Lord, the probability of a registered letter not arriving at its final destination due to an insignificant spelling oversight is beyond my comprehension. The said letter bore the correct mailing address of the plaintiff. Matter of fact, registered letters are the safest among all mails. Here, the addressee is notified via a receipt which tells him/her to come to the post office to sign and take delivery of his/her letter. In his legal wisdom, Judge Acquaye accepted the plaintiff’s strange justification of the unjustifiable as normal.

Judge Acquaye’s approval of the defendant’s counsel’s plea, after he has rested his case, that he be allowed to introduce a new witness after my witnesses have finished giving their testimony is not only suspicious, but also equally disturbing. My Lord, how does one call as a witness in the name of an Administrator-General, a ghost-position which does not exist at the Lands Commission and the Ministry of Lands and Forestry? Where in civil law does a judge allow the plaintiff to call witnesses after the defendant is about to rest his/her case? Didn’t the plaintiff have all the time he needed to call his witnesses? Doesn’t procedural law set rules on how cases must be conducted in a competent court for the sake of justice? Are these barefaced injustices in nation’s courts a new alternative for a few corrupt judges to deny the nation’s indigent their right to universal social justice?

My Lord, one of the beauties of our nation’s jurisprudential philosophy is its attempt to dispense universal justice to all irrespective of one’s socio-economic status, gender and political connections. Afterall, our nation’s Constitution has ruptured the once held imaginary notion that the rich are above the law. While I have silently, and painstakingly, endured Judge Acquaye’s perverted justice, and display invincibility, it is worth stating that injustice in the face of indubitable evidence will inflict grave damage on/to our nation’s international democratic reputation, the judiciary and personalities whose responsibility it is to uphold the virtues of freedom and justice. Does Judge Acquaye take into account the irreparable damage that his courtroom injustice may wreak on our nation’s judiciary?

Judge Acquaye’s knows that Richard Osae-Duodu and Roger Amudzi constitute an axis of a criminal underworld with specialty in land theft and document falsification. In the past, not only did they effectuate an unpardonable crime by depriving the late Mr. Ayitey of his land, they also set his car ablaze without any moral aforethought. As the nation’s top judge, and a father, you can imagine the hardships that the brazen criminality of these two individuals have wreaked on the deceased’s wife and her less-than- one -year-old daughter. Surprisingly, Judge Acquaye overruled my submission which linked the plaintiff’s and his proxy, Roger Amudzi, to the said crime. Emboldened by the judge’s intervention, the plaintiff invoked his right against self-incrimination. Inspector Mohammed (Accra Central Criminal Investigations Department) was the investigator in the stated case.

My Lord, I have no intention to influence the course of justice. However, I think it within the realm of reasonableness and my constitutional right to humbly request that this case be transferred from Judge Acquaye to a neutral judge to render judgement based on the substantive value of the evidence and corroborative witness testimonies. I refuse to allow Judge Kobena Adoe Acquaye to sell my lawfully acquired property to the highest bidder. As a citizen, it is my moral right to prosecute evil when there is one, and I see one in Judge Acquaye’s court and his belligerence to stifle justice in the face of overwhelming evidence.

Thank you,

Yours truly,

Nana Amma Obenewaa.

cc: His Excellency, Mr. John A. Kufuor, President, Republic of Ghana

Members of the Judicial Council

The Hon. Joe Ghartey, Attorney-General/Min. of Justice

Mr. Francis Opoku, National Security Co-ordinator

The Nation’s Media