A member of the NDC’s legal team Abraham Amaliba says the comment about perceived bias in the judiciary by the National Security Minister vindicates the position of the party on the courts.
The National Security Minister Albert Kan-Dapaah last week told judges at a forum in Accra that “Confidence in the judiciary will be lost if interpretation always favours government, and the judiciary perceived to be biased is a big threat to national security” .
“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,” he noted.
He stressed: “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”
Reacting to the comments, Mr Amaliba said the NDC has always perceived judgments in default negative against them and was recently reechoed by former President John Mahama.
“It goes to vindicate the position of the NDC and recently you heard the former president make that call the the party has a problem with the judiciary,” he told Francis Abban on the Morning Starr Monday.
Mahama on judges
Former President John Mahama says the National Democratic Congress has problems with the judiciary and called on the Chief Justice to institute reforms within the courts.
“We do have problems with the Judiciary, I must say. I think that it is necessary for some internal reforms to take place there. It is necessary for the Chief Justice or whoever is responsible to make some reforms,” Mr Mahama told supporters of the NDC in the United States where he has been visiting.
He added “Most of the governance institutions have been politicised. I give the example of the Judiciary. It is only in Ghana that a Supreme Court will make a decision that a birth certificate is not proof of citizenship”.
Mr Mahama also referenced a research by his former executive secretary and lawyer Raymond Atuguba who argued that judges, in crucial political cases, rule based on their party lines.
“There are many such funny judgements that have been given. I remember at one time, our colleague Professor Raymond Atuguba said that from research he had done, judges turn to give their judgements in favour of the political party or leader that appointed them.
“He was subjected to such a whirlwind of indignation by the Judiciary, but if you bring it down to what is happening today, and you look at it and see who appointed who, you will find that there was some truth in the research.
“The thing is, our constitution gives the security of tenure to judges. Once you have been appointed, you cannot be removed. That is why we give security of tenure so that you will have the courage no matter who appointed you to give judgement according to your conscience. That is what our judges should do. They must rise to the occasion.”