Bullying In The High Court Of Judicature?

The Chronicle is appalled by reports that seem to suggest that the Honourable Attorney-General & Minister of Justice, Mrs. Marietta Brew Oppong may not be properly advising the Ghana Government and the Ghana Gas Company, Atuabo. Rather, she may be resorting to bullying tactics in an attempt to dig them out of a man-hole that they have collectively and negligently dug themselves into. If these reports are true, even by extra-polation, then The Chronicle regrets that Mrs. Brew Oppong may be setting a bad precedent by openly bringing her high office and the Judicial Council, of which she is a ranking member, into disrepute. What are the facts on the ground? On April 15, 2014, Awulae Amihere Kpanyili III, Paramount Chief of Eastern Nzema Traditional Area and allodia owner of the expanse of land on which Ghana�s first gas factory is being built at Atuabo, prayed the Sekondi High Court to place an interlocutory injunction on the project until Ghana Gas Company had secured a legally binding lease to the land it is based on. Though defence counsel admitted his clients have no legal lease to the land, Justice Kofi Akowuah accepted his argument in mitigation that the gas project was of utmost national importance and was costing the state billions of Cedis and should, therefore, not be unduly delayed. Consequently, Justice Akowuah did his patriotic duty in denying Awulae Kpanyili III an interlocutory injunction, which he eminently merited and instead gave him short shrift in the form a limited 14-day interim injunction. Our interpretation of the judge�s action is that he had hoped the government and Ghana Gas would equally do their patriotic bit in rushing to the Atuabo palace of the Eastern Nzema Paramount Chief, just a stone throw away from the site, and make him happy. Instead and rather disappointingly, the AG has rushed to the Sekondi High Court and filed a motion asking Justice Akowuah to vacate his restraining order on Ghana Gas, so work could resume. It has been fixed for hearing on Tuesday, June 24. In The Chronicle�s long experience of reporting from the courts, we have not come across a single instance of a High Court reviewing its own judgement or ruling and setting aside its own orders. In fact, the 1992 Constitution confers this power of self review ONLY on the Supreme Court of Ghana. The overturning of High Court or Appeal Court decisions has always been on appeal. The two courts only suspend their decisions after appeals have been filed challenging them. So the question arises why Mrs. Brew Oppong is afraid of appealing Justice Akowuah�s order? Simple! She knows she would be thrown out of the door without being offered the courtesy of a seat. Appeals are argued on points of law, and in the case of Ghana Gas willfully trespassing on Eastern Nzema land, the AG has no point of law on which to stand. That is why, in the considered opinion of The Chronicle, she may have decided to use �takashi�, the enormous weight of her office and her seat on the Judicial Council, which approves the promotion of judges, to intimidate Justice Akowuah. But we will encourage Justice Akowuah to refuse to vacate the interim injunction on Ghana Gas next Tuesday, if Mrs. Brew-Oppong�s only argument is the cost of the project and the delay, while there is no confirmation from the Atuabo Palace that indeed negotiation had started. How many times has the completion date of the gas factory been postponed? Uncountable. Two more weeks will not make much difference, if any at all. A country that prides itself on being the bastion of �Freedom & Justice� cannot be seen to be using the cost of a project to trample on the rights of citizens. Is Mrs. Brew Opppong saying that a judge who has sworn to do justice to all and sundry without looking at the faces of plaintiffs and defendants before him, ought to have denied justice to the Eastern Nzema Traditional Area because government is the defendant? Madam, please come again! Justice Akowuah must understand that if he heeds to the call of The Chronicle he could be denied promotion any time he is due for one under this government. But we will like to recall the story of Justice Afreh for his edification. A lawyer and judge acclaimed by all as brilliant and erudite, Justice Afreh lectured for decades at the University of Ghana Faculty of the Law and the Ghana School of Law, Makola. Yet, for one reason or the other, he was kept marking time as Court of Appeal Judge throughout the 19 years of PNDC/NDC I rule, while his former students were promoted above him to the Supreme Court. According to reports he was routinely nominated for promotion every year but was equally routinely denied. Eventually, Justice Afreh was granted his just desserts in 2001 or thereabouts, when then President John Agyekum Kufour elevated him to the Supreme Court. In the Divine scheme of things one always gets what is due one, no matter man-made obstructions to the contrary. A Solomon will definitely come to judgement one day. Justice must prevail at all times!!!