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How the Busia government and the judges dealt with ...

Comment: Re: Well Done Gabby

Author:
Nana Akyea Mensah, The Odikro
Date:
2010-08-28 04:50:24
Comment to:
Well Done Gabby


Hi Mr. Owusu-Sakyiamah,

What Gabby has done is not necessarily an attack against the AG or her deputy. He has exposed the judge as an invertibrate member of the Judiciary. In the case of the Sallah case, the judges did not buckle under pressure. They challenged their accusers to come out with the evidence and then they showed to the whole world that the evidence was false.

The Judge has failed the Judiciary in not contesting those allegations just to save his name! As pointed out by the decision of the dissenting judges in the sallah case:

"They held, “We do not think that in that case there is any justification
for lowering the standard of proof. If that is done the courts would be
laying themselves open to the danger we spoke of before, namely, of giving
the party the right to choose his own judge. We do not think that the courts should be reduced to the position in which parties before them may assume the competence of judges to decide in their favour but their
incompetence to decide against them. And that is why the allegations of
fact when challenged must be proved.“

It is the duty and the responsibility of a good and honest judge not to allow himself to be chased away from a case on the basis of rumours and hearsay. Such a cowardly behaviour amounts to allowing others to decide who must sit on the case rather than the Judiciary! The speed with which this judge run away speaks volumes!

Gabby has done very well in pointing out that the in the case of Sallah, the judges stood their ground and won, probably because they were sure of the facts. In this particular instance, the judge chickened out, why? what kind of judge is that? You need to be tough-minded and influenced strictly by the law and the principles of good practice. By removing himself from the case, without contesting allegations of being drunk and making irresponsible comments, he makes it very difficult for us whom to believe. and we are often inclined to believe the one who is charging than the one who is running away! This is more so, if the person running away has a national interest and a constitutional protection to stay on and fight to defend himself!

There should be no excuse that because judges have been murdered before in our history the judgements of our judiciary ought to be haunted and tainted by these events in any material particular!

This is a shame to the Judge! he failed his own profession! Gabby has done very well in unwittingly making the point very clear! In 1970, the Busia-Danquah tradition failed to wrongfully accuse a judge with false allegations. In 2010, they are failing to wrongfully defend a judge who is running away from what he himself call "false allegations"!

When judges forget that the reason why the courts exist is to defend the innocent, one wonders what is the relevance of how Busia treated our judges that Ochere-Darko is talking about?

I am out of here! I shall be away all day and all week! I cannot come back to defend myself if attacked. I shall come back to see what happened much, much later.

I love every Ghanaian!
Long live Ghana!
Forward Ever! Backwards Never!!!
Cheers and God's blessings!

Nana Akyea Mensah, The Odikro

Twitter: /twitter.com/TheOdikro,
Blogs: Feature Articles: nanaakyeamensah.blogspot.com,
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08-28 01:24
 
 
 
 
Re: Well Done Gabby
Nana Akyea Mensah, The Odikro
08-28 04:50