When The 'Gods' Go Mad

Thomas Osei, the man who rammed his car into President John Kufuor’s official car on November 14, 2007, was sentenced to a ‘nine month’s prison term’ on Tuesday, August 5, 2008 by an Accra Fast Track High Court. The sentence actually means that Thomas Osei would serve only nine (9) days in prison since the judgement takes retrospective effect.

The court, presided over by Justice E.K. Ayebi, also imposed a total fine of 2350 penalty units (one penalty unit equals GH¢12.00) on the accused. This means that in addition to the nine day’s sentence, Osei is expected to pay an amount of GH¢28,200 (twenty-eight thousand two hundred Ghanaian cedis) for negligently causing harm, dangerous driving, causing harm to state property and failing to give way to the President’s convoy.

As soon as the sentence was read and proceedings of the court posted on the internet, some friends of mine in the Diaspora called to verify if they read and heard right. The first question one of them asked was whether or not the gods had gone mad in Ghana? Brings to mind the comic, ‘when the gods go mad’? Another friend also asked whether the government knew something about Osei that the ordinary man was unaware of? Yet, another also asked whether that was all the value the Ghanaian Judiciary could place on the life of the first Gentleman of the country?

First of all, let us put aside the fact that the Ghanaian Fast Track High Courts have rather turned into snail paced courts. Let us also put aside the fact that upon hearing the sentence, Kwame Akuffo, Osei’s lawyer exclaimed that he was extremely happy at the sentence – the duration of the sentence maybe, since his client has to serve only nine days in prison. Let us also forget about the fact that by the time this piece is published, the accused would have been left with a couple of days (two days) to complete his sentence.

Many times when issues are raised about the delivery of justice by our courts, such issues are generally perceived as attacks on the integrity of the Judiciary. This perception is founded on the premise that judges and their decisions are near sacrosanct. So revered are judges that even Judeo-Christian believers are of the view that they represent the deity, since their decisions are supposed to be final. But many decisions by the Ghanaian courts over the years have shown that ‘if you want your troubles to be multiplied then proceed to the Ghanaian courts’ – this is how a learned friend of mine once put it.

The reality about justice however, as put by a famous author is that judges may be fallible and err. But if a judge is unfair- particularly for purposes of self-interest – the heart of the judicial system and its underlying foundation are threatened.

That is why one finds this nine day sentence particularly comical, especially given the grounds on which the accused was convicted. If a Judge who says an accused person had failed to give way to the President’s convoy and therefore negligently run into the convoy, thereby endangering the life of our President could only sentence the accused to a nine day’s jail term, then sorry there is something more to the sentence than meets the reading mind! Is there any wonder why lately in Ghana, people rape, murder and rob at gunpoint with impunity?

Adam (1990) stated that Judges, as members of the judicial branch of government, are required to apply the law impartially to all persons who appear before them, to refrain from deciding a case in which it would be (or might appear to be) in their own financial, political or other "interest" to find for or against one of the parties, to uphold the Constitutional protections of all persons (even where the majority of the population would not choose to do so) and to strictly follow the important legal principle of stare decisis (requiring judges to follow established legal precedent even if it contradicts their own philosophy or feelings on the matter). Is this sentence deterrent enough? The answer is a BIG NO! As for the judicial precedent, I am not too sure there is any in Ghana since the one who run into former President Jerry Rawlings’ convoy died (in police custody?).

It’s also often said that a cornerstone of a stable society is a courts system that dispenses, and, just as importantly, is seen to dispense, fair and impartial justice. Our judges must therefore be truly impartial, in the sense that they are free from any personal stake in the outcome of the cases they decide. We must all ensure our judges are not only impartial in fact, but that citizens also perceive and believe in the impartiality of the judges.

Another intrigue in this Osei’s case is that the man had three passports – I don’t know exactly what that meant. Among the three passports was a diplomatic passport, the latter, the courts asked to be taken from him. Does any reader have any clue here? Well, continue with your own deductive thinking from here, because this aspect of the revelations that came out at the hearing is a truly complex puzzle that needs the sages to unravel!

This writer has never been a fan of the Ghanaian courts, having grown up in a home where a family case which should have been determined long ago has ‘sat’ on the files for over four decades! You see, it’s easy to come to the defence of the judiciary anytime they are seen to ‘twist’ the law, but the reality is that the common man may lose respect for the system and any time such a phenomenon becomes reality or the common perception, chaos and anarchy become the lot of the ordinary citizen. That might explain why there is so much lawlessness in Ghana these days. According to the late Chief Justice Acquah, "an effective justice system is critical for the economic and social benefit of our country, as political maturity and social progress are inextricably linked to a strong judiciary." Justice Acquah stressed further that there is the need for a judicial system that is transparent, efficient, free of corruption, and which "smacks of complete integrity." Does this type of sentencing really smack of complete confidence and integrity in the system? As submitted by Kelly (2006) and is widely admitted, “There are many challenges facing the judiciary in Ghana, including the morale of judges (they are poorly paid and have heavy caseloads), crumbling infrastructure, lack of training, and substantial case backlogs. There are only about 280 judges and magistrates (civil officers with the power to administer and enforce law) serving more than 20 million people.” But the limited infrastructure and other challenges are not only common to the Judiciary – indeed, this seems to be the lot of the entire nation. And it is against this background that Judges must rather do their best to ensure that they epitomize fairness and true justice for all, devoid of status or class. After all, they are the face of the law. Would the Ghanaian courts treat everybody who comes before the law the same way they treated Osei? Are some people more equal before the law than others? Does the law obey people’s privileged status in the society? If it does then, what is the difference between Ghana’s style of democracy and a typical feudalist state where the lords ruled over the vassals as though they were their possessions? The trial Judge in Osei’s case however did very well at least, by not admitting pieces of evidence adduced by the prosecution, which he (the Judge) thought were tampered with. But that is why he should have gone beyond this to show to all and sundry that everybody is equal before the law. Sentencing Osei to nine days in prison only means that the trial Judge in exercising his discretion should have rather pardoned the accused and go on further to caution him. At least a pardon would have been better than this ludicrous fine. What is the meaning of a sentence if it does not deter other people from committing the same offence or crime? What do these types of things tell the young generation of Ghanaians? Well, just as the topic teased readers, when the gods go mad, the entire society is finished. We need a better and fairer justice system than this. At least from where I sit, this sentence is a big joke. And if I had a request to make of the President, I would that he instructed the Attorney-General to quickly ask for a review of the case. Please, Ghanaians deserve better than this.

By Kwabena Mprah Jnr

Email: kmprah@gmail.com