Mr Speaker, this is a very huge
topic, when we talk about strengthening
the judicial system or strengthening the
justice system. Justice delayed is justice
denied and when justice is not dispensed
well, the country runs the risk of
encountering crises and conflicts.
Mr Speaker, let me thank the acting
Chairman of the Judiciary Committee for
this thought-provoking Statement. I wish
we all had ample time to look at it and to
contribute. Suffice it to say that this
Statement is very timely.
Mr Speaker, it is the Judiciary that is
basically in charge of justice delivery in
the system. The Judiciary is also the third
arm of Government and therefore, there is
a spotlight on it. However, there are other
stakeholders associated with justice
delivery system in the country - the judges, the prosecutors, who are
basically, policemen, and the lawyers
who go to court to ensure that justice is
done to their clients and to the citizens at
large. So, it is a combination of the efforts
of these people that at the end of the day
will ensure that justice is delivered
systematically and efficiently in the
country.
Mr Speaker, it is also the legal system
that we have in the country that would
have to be looked at when we talk about
justice delivery system in the country. It
is trite knowledge that some of the laws
that we have, as far as justice delivery is
concerned are very archaic and therefore,
there is the need to reform some of our
laws if we want to ensure that justice
delivery system in the country is
appropriate and is efficient and effective.
Mr Speaker, there is a Bill in the offing
that talks about plea bargaining. There is
also the Justice for All Programme that
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goes from region to region and from
prison to prison, trying to interview
prisoners and trying to grant some of
them bail and trying to even do the cases
at the prisons so that some of them can be
out.
Mr Speaker, I think that it is the
combined effect of these at the end of the
day, that would ensure that there is justice
delivery system in the country. I know
that when we talk about justice delivery
in the country, we are going to encounter
the issue of corruption. Corruption is not
only in the justice system but it is
pervasive. But the Judiciary is the arbiter
of justice in the country when there is
conflict between two citizens, two
institutions, et cetera. At the end of the
day, it is the Judiciary that is the arbiter
that would bring justice to all of us. So it
is important for us to ensure that the
Judiciary is well taken care of.
Mr Speaker, it is important that the
infrastructure and the personnel that we
need must be available to ensure an
efficient justice delivery system. In some
of our regions, like the newly created
regions, we do not have high courts so
people have to travel long distances to be
able to get justice and that is a challenge.
In some of the districts, there are no
magistrate courts so people are arrested
and kept in police cells for more than the
48 hours as stipulated by the laws or the
Constitution and that is a big challenge.
Mr Speaker, the current practice of
allowing district assemblies to be in
charge of building court houses and
police stations and others does not help.
This is because the funds allocated to the
district assemblies is not adequate enough
for their basic functioning not to talk
about building court houses, police
stations, et cetera.
Mr Speaker, when the personnel of the
court houses are not there, then we cannot
talk about efficient justice delivery
system in the country. So, we have to
review this aspect of making justice
accessible to people. We must make sure
that we provide the infrastructure and
personnel.
Mr Speaker, in many of the regions in
the country, it is difficult to get State
Attorney for them to ensure justice
delivery because they are not happy with
the recruitment or the conditions of
service. That is an area that we have to
look at. We need to improve the
conditions of service so that we can
attract some professional lawyers to
become district magistrates and judges.
That is an area that is very grey. We
still have many districts that do not have
magistrates; therefore, people would have
to travel for several miles before they can
seek justice in their areas.
Mr Speaker, even though Ghana is
credited for human rights, and human
right association with the justice delivery
system, I think there is still a lot to be
done if we want to ensure that justice
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delivery system in the country is
adequate. Many of the prisons are
congested and that is why there is a
clarion call that we should try to review
our laws, so that misdemeanours and
minor offences would no more attract
custodial sentences. They should rather
attract communal labour. People should
be made to sweep the street and do
communal labour somewhere, so that
they will be seen by people. Many
Ghanaians do not want to be shamed and
embarrassed. So, that is an area that we
should look at rather than if a person
steals a finger or bunch of plantain
because he or she is hungry, then that
person is sentenced to six months
imprisonment, and a bag of maize is used
to feed that person; it does not make any
sense.
Mr Speaker, I think that it is important we
review so many systems that we have in
the country: the Custodial Sentencing
System must be reviewed and the Justice
for All Programme must be intensified, so
that they visit many places and then
reduce the congestion in the prisons. The
Alternative Dispute Resolution must be
intensified and expanded, so that many
cases can be resolved before they end in
court and then people are sentenced to
prisons. The plea bargaining must be
encouraged, so that many people can
commit themselves to alternative
punishment, and even pay retribution to
the country and to the people they offend
instead of going the prison.
Mr Speaker, it is true that when one is
poor, he or she may not get justice. That
is why some years ago, the Legal Aid
System was introduced. You and I, as
practitioners, know that the Legal Aid
System is more in speech than in practice.
It is becoming another legal office for
people to go and engage lawyers, and
then pay something. Some of them do not
have money for them to file documents
on their behalf. So, if the Legal Aid
Offices can be strengthened, expanded,
and resourced, it can go a long way to
help the justice delivery system in the
country.
Mr Speaker, on this note, I support this
Statement, and I pray that Ghana and this
Parliament would try to review our laws
on the judicial system. That would bring
some solace to the citizens of this
country.
Mr Andy Kwame Appiah-Kubi
(NPP - Asante Akim North): Mr Speaker, thank you for the opportunity to
contribute to this important Statement
made by the Hon Member.
Mr Speaker, I would like to start with
the ineffectiveness of non-custodial
sentence in our criminal jurisprudence.
Very often, we find people appear in
court on matters that qualify for
misdemeanour, and for such people,
because of the nature of the prosecution
and the absence of the defence, such
people are given custodial sentences.
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Mr Speaker, in any case, as my Hon
Senior just alluded, we need to re-
emphasise the use of non-custodial
sentencing, so that minor offenders would
not also go and populate the prisons
which are already over populated.
Mr Speaker, some Magistrate Courts
are not well staffed. You would find non-
lawyers being Magistrates who,
sometimes, do not understand the effect
of the law, the procedure, and the accused
persons are sometimes unduly punished,
and their human rights unduly taken away
from them. That is an area where we
would need to focus our attention no, to
try and attract qualified persons into
positions as Magistrates, so that they
would not undermine people's freedom by taking their freedoms away from them
unnecessarily.
Mr Speaker, we have talked about
actors in the judicial system. My Hon
Senior has alluded to the fact that some of
us as lawyers are guilty of not showing
interest in cases, not going to court in
good time, and also not assisting the
courts as officers of the courts. Some of
us go to court and we think that we need
to oppose the system, or we need to deny
people's rights just because we are in an official position to do so, particularly,
some of the prosecutors.
Personally, my frustration in criminal
justice was because people thought that
the more convicts that one secured, the
more a person becomes a good policeman
or woman. Therefore, the police system
that comes to court comes with the
purpose to seek conviction, not assisting
the court in expending justice to accused
persons. In most cases, a lawyer who is
trying to rely on the law to secure the
release of even accused persons who are
so entitled, would be frustrated by a
prosecutor who thinks that person must
be denied bail by all means. In most
cases, when such persons are conniving
with people who are supposed to
administer justice, then we can imagine
the consequences that would befall the
accused persons. We forget that accused
persons are not guilty until proven so. But
sometimes, the way they are treated in the
police stations before they are hauled into
the courts - They are condemned in the police stations before they are brought
before the courts. We must be careful
about how we affect people's human rights. In most of the jurisdictions, before
a person is even arrested, investigations
are carried out to ascertain what
constitutes the elements of the charge,
and whether or not they can situate the
charge in the particular case.
However, in our jurisdiction, once
somebody makes a complaint to the
Police, the first thing they do is to arrest
the person without any investigation.
Sometimes, the accused person is put into
custody while they say that investigations
are ongoing. In most cases, people are left
there to rot and the people who are
supposed to be undertaking the
investigations do not do it after all. I know
of similar situations where people have
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stayed in custody for four or five years
when they have not even been brought to
a court for them to be charged and
prosecuted, all because a prosecutor may
have been transferred or an investigator
may have been transferred and the person
is left to his or her fate.
Mr Speaker, there are people who fake
complaints: They go to the Police and
report for people to be arrested not
because those people have committed
offences. When such people who are
arrested are brought before the courts,
sometimes, after the prosecution is done
and the lawyer files submission of no
case, people are discharged without any
reliefs, because the civil remedy of
malicious prosecution is difficult to
establish and it is situated on the Police
System and not on the complainant. I
would suggest that we look at that civil
remedy carefully, so that it would be a
deterrent for people who would
unjustifiably report other people for arrest
because of criminal charges levelled
against them, and they go to prosecution
unwarranted.
Mr Speaker, there are cases where the
accused persons themselves try to invade
service of writs. It is not the case that
when a person is charged with any
offence, that person is guilty thereof. So,
in a particular case when the police called
me to show presence in a police station a
few weeks ago, I went there only to be
told that I was an administrator to an
estate, and there is a problem because the
people at the division were challenging,
so I had to be there to give my statement,
which I did and I was out of the police
station. So, it is not all invitations that
constitute arrest or an allegation of
commission of a crime. So, as accused
persons or suspects, let us avail ourselves
so that the judicial system can also bring
us the relief that we want.
Mr Speaker, in most cases, there is
also difficulty accessing to lawyers. As
my Hon Senior said, we do not have
enough lawyers to support the judicial
system.
2. 29 p.m.
Nevertheless, those of us who are
private lawyers go to court and we are
always mindful of taking care of our
clients, forgetting the fact that the
accused person standing trial, who cannot
afford the services of a private lawyer, is
also at your mercy because your call
requires that you give pro bono services
to people who cannot afford. So, when we
put all these together, we think that we
must also try and support the system that
we are trying to attack.
Mr Speaker, in any case, people of the
press are most of the time guilty. When
they come to court and they do not
understand the proceedings of the court,
they do not seek knowledge; they only
just go out and report as they understand,
and some of the time, they are wrong in
their reportage. In most cases, they flout
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the law of contempt of the courts, except
that the judges are sometimes very
magnanimous and do not apply the law
properly. When a person is in court, one
needs to understand the proceedings and
rulings of the court so as to be able to
report correctly. So, there is so much
confusion in the public space because of
wrongful reportage. Therefore, we need
to train our journalists in the criminal
procedures so that they would understand
what is happening and report correctly.
Mr Speaker, with these few words, I
thank you very much, and I commend the
Hon Member who made the Statement for
the thorough work he has done for us.
Mr Francis-Xavier Kojo Sosu (NDC
- Madina): Mr Speaker, I would want to say a very big thank you to my Hon
Colleague from Salaga for this very
insightful Statement, particularly
throwing the spotlight on criminal justice
in our country.
Mr Speaker, the criminal justice
jurisdiction in our country today is
fraught with a lot of problems, and as a
people, we should be truthful to
ourselves. Until we are very candid,
truthful to ourselves, and admit our
failures, we cannot rise above those
failures and begin to move forward with
reforms.
Mr Speaker, in the first place, when we
look at the constitutional provision in
article 19 of our 1992 Constitution, it says
clearly that a person charged with a
criminal offense shall be given a fair
hearing within a reasonable time by a
court. Also, if we read article 19(2)(c), it
says clearly that a person charged with a
criminal offense shall be presumed to be
innocent until proven guilty. Today, the
practice is that when a person is accused
of an offense, the person is presumed
guilty until one proves himself or herself
innocent, but it must not be the case. We
have turned the Constitution upside down
and are perpetrating all forms of injustice
against our people. However, let us not
forget that article 125(1) of the 1992
Constitution says that justice emanates
from the people. Every individual in
Ghana has a sense of justice. When we
talk about justice, we are talking about
fairness, equal treatment of people
without discrimination, and treatment of
people without personal sentiments or
any form of consideration, whether
political, creed, religious or any form of
consideration. That is what we call
justice, and this justice is supposed to be
administered on behalf of the people by
the Judiciary.
Mr Speaker, when it comes to criminal
justice, the truth is that the Judiciary alone
cannot administer this justice. What we
see most often is that due to bad
investigations and the sense of secure
conviction at all cost, people are left at the
mercy of the system. So, we have
situations where in a lot of our police
stations today, many police officers have
become debt collection agents. In
completely civil matters, people go to the
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police station, make complaints and the
Police would come and arrest an accused
person, detain him or her and tell the
person, “tua no nkakrankakra”, to wit, the person should be paying the money in
bits. There are clear cases of civil
contracts where we see the Police heavily
involved, and this must change.
Mr Speaker, when we look at the
caution by Lord Chief Justice Hewart
way back in the year 1924, in the case of
“R v Sussex Justices, ex parte McCarthy”, he made it clear that justice must not only be done, but must be seen
to be done. In other words, people must
feel that they are being treated well.
When people are arrested, they must
know that they are being treated well.
Today, the criminal procedure requires
that the Police only arrest people upon
reasonable suspicion of a crime because
the position of the law is that multitude of
suspicion cannot lead to conviction. So, it
is not any suspicion or complaint that
must warrant a Police arrest, but today,
any complaint without any iota of
investigation, the Police would go and
make an arrest. More often than not, they
would get to court and request the court
to give them a remand warrant to remand
the person, and still say that investigation
still continues. If they would still
continue investigation, then why would
they charge a person and put him or her
before court? So, I think that our justice
system needs a serious reform, and it
must start from the Police, to prosecution,
and indeed, to the Judiciary.
Mr Speaker, I thank you very much for
Mr Peter Lanchene Toobu (NDC -
Wa West): Mr Speaker, I thank you for
the opportunity to contribute a little to
support the Statement that was ably made
by an Hon Colleague of mine.
Mr Speaker, when we talk about a
system, it is a set of units that must work
together with the common bigger picture
in mind. When we talk about the judicial
system, in an emerging democracy like
Ghana, it is of much importance, and we
would have to look at it if our democracy
can actually grow to the level that we
want.
Mr Speaker, looking at the criminal
justice system, all of us would agree that
it is the Police that activates the criminal
justice system. The components in the
criminal justice system are the Police, the
courts, and the correction centres or the
prisons. What is the bigger picture, the
purpose, or the objective of the criminal
justice system? It is to ensure that justice
is dispensed fairly, to ensure that
criminals are put behind bars, and to
ensure that these criminals are reformed
and brought back to society to make it a
better place.
Mr Speaker, with the criminal justice
system in Ghana, we all do know that
over the many years, we have got so many
prison ambassadors; ambassadors from
police cells who, when they get out from
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the police cells, come to preach a message
that says that the police cell is for every
human being or Ghanaian. They say that
every human being or Ghanaian is a
potential criminal, so we should do as
much as we can to make the police cells
habitable for human beings. When we
convicted people to go into prisons and
they go there for four to five years and
come out, are we correcting or
corrupting? When we jail a common
criminal, probably somebody who has
stolen just a bunch of banana, to go into
prison for two years in hard labour, after
two years, the person comes back more
hardened, well-polished, and is ready to
graduate to the level of armed robbery, is
the system correcting or corrupting?
Mr Speaker, looking at the criminal
justice system, if the Police are
empowered to do what they know how to
do best: preventing crime, instead of
waiting for it to happen before they detect
and investigate, I am very sure that many
of our courts, relating to criminal cases,
would be found empty because without a
crime, the court would not have a
criminal case to try. Of course, we all
know that no country has a zero crime
rate, but we are talking about that
minimum acceptable rate by all.
Mr Speaker, as a country, we need to
embolden the individual agencies that
constitute the justice system, and let them
interact well. How on earth would the
Police be prosecuting cases in Ghana?
The job of the Police is to investigate,
detect, and prevent crime. When the
Police veers into the job of the Attorney-
General and Minster for Justice, where
they would have to prosecute the cases
they investigated themselves, where
would the checks and balances be?
I am sure in the past, it was necessary because the Attorney-General and Minister for Justice did not have enough personnel to represent the State at various levels. Today, we have a lot of law students who are even being prevented from going to the law school. It is time for the country to look at the possibility of having State Attorneys in all districts to represent the Attorney-General and Minister for Justice, and let the Police go back to do what they know best - preventing crime and ensuring that all of us can live in peace.
Mr Speaker, with these few words, I thank you for the opportunity. I would want to thank the Hon Member who made the Statement. It was timely and necessary.