Tuesday, April 05, 2011

Judges flee courts.....As Andanis hit streets


Fast Track High Court 21, popularly called Chief Justice’s Court was empty like all other courts yesterday.

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Tuesday April 5, 2011
The administration of justice yesterday ground to a halt following the decision of judges to boycott courtrooms for fear of imminent reprisal attacks on them by a group of demonstrators in Accra.

Daily Guide learnt that the judges, both superior and junior, refused to sit because they feared for their personal security and safety.

They said there was credible information that people who were dissatisfied with the ruling by an Accra Fast Track High Court in the trial of the murder of Ya Na Yakubu Andani II, overlord of Dagbon, were planning to attack the courts.

Coincidentally, the Northern Youth for Justice, an Andani Youth group involved in the protracted Dagbon chieftaincy dispute had hit the streets of Accra seeking to pressurize the authorities to give the late Ya-Na’s family justice. There was the belief that the demonstrators would storm the courts as most of the inscriptions on their placards were targeting at the judges.

The group among other things is accusing the trial judge, Justice E.K. Ayebi of the Court of Appeal, of truncating the trial by upholding a ‘Submission of no case' application filed by 15 men from the Abudu Gate, who had been charged for the murder of the Ya Na in March 2002.

Chief Justice Georgina Theodora Wood upon allegedly receiving intelligence report was said to have convened an emergency meeting with all the judges at about 9:05am, where they reviewed their security and personal safety and subsequently decided that they would not work until the safety and security of judges were guaranteed by the police administration.

At the meeting the CJ was reported to have told the judges that she could not guarantee their safety and security and said any judge who tried to sit on cases yesterday did so at his or her own peril.

Immediately after the said meeting closed at about 9:30am all the judges returned to their respective courtrooms and ordered the closure of the courts, while those who did not return only ordered their clerks to make sure the courts were locked before leaving the premises.

When Daily Guide visited the Supreme Court area where the Fast Track High Courts, Commercial Courts, Land Courts and Financial Court are all located, there was no action in the courtrooms, leaving litigants with no clue as to what was happening.

At the Fast Track High Court 4 where the Ya Na murder trial was held, the courtroom had been locked.

The 28th February Roads Courts, popularly called Cocoa Affairs, where it is always busy, and the Community Courts as well as the Greater Accra Regional Tribunal Court premises were all empty as a result of the judges’ actions.

At about 10:04am, a police armour car from the Armour Car Squadron was brought and positioned in front of the forecourt of the Supreme Court where the busts of the three murdered judges have been erected.

The presence of the vehicle with officers in riot control gear and equipment appeared to have confirmed the imminent danger that the judges complained about.

At about 12:07pm, the leadership of the demonstrators arrived at the administration block of the Judicial Service accompanied by some senior police officers to present their petition to the Chief Justice and were met by the Judicial Secretary, Justice Alex B. Opoku-Acheampong.

Mohammed Sulemana who read the petition did not understand why the Chief Justice was not there to meet the group saying in a very contemptuous way “our petition is as equal as any national assignment.”

He warned that if their grievances were not met “we will come back again” but did not explain what he meant by that statement.

Later when Daily Guide sought explanations from the Judicial Service as to the reasons why the judges abandoned the courts, the Judicial Secretary, said the judges came to work as usual but persistent announcements that the demonstrators would storm the courts to present a petition put the lives of the judges, the staff and the courts in danger.

“Following the announcements the there would be demonstrations,” Mr. Opoku-Acheampong said, “the CJ requested for special police protection for the judges and the courts and was assured by the Inspector General of Police that the police would be there.”

He continued: “The judges came to the courts alright but as at 9:30am there was no police presence. Some of the judges started expressing concern because they were aware that the police was supposed to be there and in their absence nobody could predict what the outcome would be.”

Justice Opoku-Acheampong confirmed that the CJ indeed convened an emergency meeting with the judges saying, “It was agreed that due to the lack of protection and volatile nature of the situation, judges who felt unsafe could go home.”

“Some of the judges had even started working but there was a lot of anxiety and apprehension. Once there is police protection they will be able to work.”

He disclosed that Justice Ayebi, who sat on the Ya Na trial, has been given additional police protection saying, “naturally any judge who presides over a case or ruling of this nature is supposed to be given adequate protection and that is what we have done”.

He emphasized: “We can only expect the police to protect the judiciary. It is not proper to verbally or physically attack judges because a decision of a court does not go your way. There are laid down rules for getting grievances resolved”.

Deputy Superintendent of Police (DSP) Cephas Arthur, Acting Director of Public Affairs of the Ghana Police Service who was in the company of police officers escorting the Andani youth to present the petition to the judiciary dismissed rumours that the police administration had declined to offer protection to the judges.

“The IGP and the police administration are committed to protecting the judiciary to ensure that the administration of justice is not undermined.”

He said the police deployment to the courts “will be there for as long as it is necessary” adding “we are mandated to ensure that our judges and the judicial service staff is protected.”

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