Professor at the University of Ghana, Legon Ransford Yaw Gyampo has reacted to some comments made by the National Security Minister Albert Kan Dapaah about his observation of recent rulings of the judiciary.
Mr Kan Dapaah speaking at a sensitization workshop on the national security strategy for judges of the superior courts said: “injustice occasioned as a result of the absence of an effective justice delivery system or delayed justice or biased justice is certainly a threat to national security.
“Indeed, when injustice abounds, particularly in situations where the bench, which is considered the final arbiter of disputes, is deemed biased, citizens tend to take the law into their own hands most times without recourse to the established systems of justice delivery,” he said.
“If the interpretation of the law is tilted in our favour all the time, people will start accusing the judiciary and will not have the confidence that they need” he added.
This has, however, generated controversy. According to NPP’s head of Legal Committee, Frank Davies “Justices or judges of our courts do not dispense justice in tandem with whichever political party holds the reins of government. So this business tilting interpretation in favour of ‘us’…who determines who has tilted the interpretation of the law?
Wading into the debate, Prof Gyampo in a statement said, "to my mind, anyone who can’t understand this, does not only lack analytical astuteness. Such a person is also a political infant, a nation wrecker and a great threat to the quest for strong institutions, national cohesion, consensual politics, peace, and political stability, without which there can be no development.
We cannot offer partisan opposition or defense for everything. There must be an elite consensus on many issues that we must agree never to disagree on, else our drive towards the maturation of our democratization processes would be stampeded at all times".
Below is his full take:
It is either the few very professional (but politically hawkish) people are being too partisan or completely do not know what they are talking about in their critique of Kan Dapaah’s candor.
Judicial oaths are not godly orders. They are not Biblical or Koranic injunctions that are even flouted with impunity by religious adherents. They are sworn and can be broken by the very fallible mortals who staff the bar and the bench.
It is a fact that there are some great independent-minded judges in Ghana. But we cannot pretend or suddenly be afraid to point out quite frankly and without mincing words that, some people are also losing confidence in the judiciary and this is a major threat to national security.
To my mind, anyone who can’t understand this, does not only lack analytical astuteness. Such a person is also a political infant, a nation wrecker and a great threat to the quest for strong institutions, national cohesion, consensual politics, peace, and political stability, without which there can be no development.
We cannot offer partisan opposition or defense for everything. There must be an elite consensus on many issues that we must agree never to disagree on, else our drive towards the maturation of our democratization processes would be stampeded at all times.
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