Posted on: www.dailyguideghana.com
By William Yaw Owusu
Wednesday, 09 December 2015
An apparently disgraced circuit court
judge in the Anas Aremeyaw Anas and his Tiger Eye PI investigative piece was
said to have collected GH¢700 to grant bail to a young man who was standing
trial over narcotic drug offence.
The judge, Florence Ninepence
Otoo, who was with the Tema Circuit Court, was among 20 lower court judges
sacked on Monday by the Judicial Council for taking bribes following the
mind-blowing expose detailing widespread bribery and corruption in the
judiciary.
The circuit court judge was
sacked without benefits for a “stated misbehaviour under Article 151(1) of the
1992 Constitution.”
Speaking in parables, Justice
Ninepence Otoo showed some desire for taking the money from Anas or his agent
through her boy, a certain Eric.
She was explicit that the
payment was for only the bail because she didn’t control the outcome of the
case, using Jesus Christ as her witness, saying that she couldn’t withstand the
punishment of the Blood of Jesus.
“I’m not promising that when we
sit on the case and he’s proven guilty I would change the outcome. I’ll never
change it; I’m a Christian; I would give an account of my deeds,” she stated.
Cape Coast Encounter
The investigative piece shook
the foundation of the administration of justice in the country when 34 high
court and lower court judges were allegedly captured on audiovisuals taking
bribes.
Florence Ninepence Otoo’s alleged
bribe-taking took place in April 2014 at her residence in Cape Coast where she
was a circuit court judge before being transferred to Tema .
Anas had presented himself as the
brother of a suspect called Ndego, who was arrested by prison wardens for attempting
to export marijuana aka wee into the prison on a visit.
Anas, the celebrated
investigative journalist, was led to the judge by an intermediary called Eric
and on the script released by Anas, they described the suspect as ‘small boy.’
The boy was said to have visited
his brother in prison and sent wee to him in specially designed slippers but
was caught by the prison wardens.
Initial Encounter
The judge did not like the idea
that Eric (the intermediary) had brought Anas who pretended to be the brother
of the narcotics suspect to her residence.
It was clear in the conversation
that the judge and Eric had already discussed the deal.
Judge: Why do you have to come to my house with someone?
Eric: Eh!
Judge: What?
Eric: He’s my friend. Good morning!
Judge: Fine morning!
Eric: What I spoke to you about yesterday concerning his brother.
Judge: Who is his brother?
Eric: Ndego, the small boy who visited his uncle in the prison and put
something in his slippers and was arrested.
Judge: Hmm!
Eric: He said they want a bail for him.
Judge: But we don’t grant a bail so let him be there!
Judge’s Caution
From the conversation, it was
clear that the judge was interested in the deal that would lead to the granting
of bail but warned Ndego’s brother (Anas) that after full trial if the suspect
was found guilty, she (judge) was going to jail him.
She even said that taking money
to grant the bail did not mean that the accused person was going to be set free
by the court at the end of full trial and wanted Anas to understand that the
bribe being paid was only meant for the bail.
“In future don’t go and stand
somewhere and say the woman (judge) has taken our money and has jailed our
brother,” the judge was captured on the tape as saying.
Give-And-Take
Judge: Even if I would grant him bail, it’s just a bail. But if we sit on the
case and he’s guilty he’ll go to jail. The minimum sentence for narcotics is
ten years, but if we sit on the case and he’s not guilty; I’m not promising
that when we sit on the case and he’s proven guilty I would change the outcome,
I’ll never change it, I’m a Christian. I would give an account of my deeds.
Eric: Do you understand what she’s saying?
Judge: Do you understand me?
Tiger Eye: After giving him the bail. (Eric cuts in)
Eric: Now what you want is the bail, isn’t it? You are not asking her to set
him free but when she sits on the case and he’s not guilty she’ll set him free
but if he’s proven guilty she would do what is required of her by law.
Tiger Eye: Okay!
Eric: Do you understand?
Tiger Eye: Yes, I understand.
Eric: She doesn’t want to do anything and then later on… (Eric and judge
speaking at the same time).
Judge: Later they would go and stand somewhere and say that they went to see
the woman [referring to herself]; as for that even the blood of Jesus would
punish them, I swear.
Eric: Yes, because she has told you the truth.
Judge: I’ve told you, I haven’t promised that when we sit on the case and he’s
guilty I’ll set him free. No! I wouldn’t do that today or do it tomorrow. When
we sit on the case and it comes out that it’s true he was the one who sent the
wee (marijuana) there and it’s indeed true that it’s wee, then the law would
take its measures. When we sit on the case and they are accusing him falsely I
can’t change the law; he would have his freedom for free, do you understand me?
Because in all we would render an account (to God). Do you understand?
Tiger Eye: I understand! Now I’m pleading with you concerning the bail.
Judge’s Explanation
Justice Florence Ninepence Otoo wanted to be very sure Anas understood
her explanation before she would go ahead to talk about the money.
Judge: That’s what I’m explaining to you. Some people would not go and say it
that way. Later they would say that the woman (referring to herself) has taken
our money and has jailed our brother. Bail is different. When we sit on the
case and he’s guilty he’ll go to jail, if he’s not guilty he would be set free;
as the saying goes, “No mercy for the cripple.” That’s how it is, so think
about it; go and think about it.
Tiger Eye: Mum I understand.
Judge: Eric don’t you understand me?
Eric: Oh that’s it, I agree with you. I asked him if it is a bail that he
wants and then he said yes, so as you’ve also explained to him, he has heard
it.
Judge: I don’t want any problem.
Eric: Yes! In the future you (referring to Tiger Eye) wouldn’t stand somewhere
and say…!
Speaking In Parables
On the audiovisual recordings the judge appears to delegate Eric to negotiate
with Anas on her behalf.
Judge: Now I’m busy so go and talk to Eric, that’s all!
Tiger Eye: Okay!
Judge: Whatever you want to say go and discuss it with him; later on I’ll be
informed about it.
Tiger Eye: Okay!
Judge: Do you understand me?
Tiger Eye: I understand!
Eric: She’s talking to us in parables so let’s go. Okay!
Tiger Eye: Okay, I understand!
Judge: So that would be all.
Tiger Eye: Mum, thank you very much. We would be taking leave of you.
Judge: Okay!
Eric: (speaking to Tiger Eye). Wait for me outside.
Tiger Eye: Okay!
Judge: I’m also going so let him (referring to Tiger Eye) go. I’ll go with you
(referring to Eric).
Tiger Eye: Okay!
Eric: Wait here.
Judge: But he’ll wait for you. (Tiger Eye goes out of the room; Eric comes out
to speak with him).
Tiger Eye: (Tiger Eye gives bribe money to Eric; counts it).
Eric: Okay!
Tiger Eye: It’s GH¢700.
Eric: GH¢700.
Tiger Eye: Yes!
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