The former Member of Parliament for Okaikwei North, Alhaji Fuseini Issah, has cautioned against what he calls public prosecution of accused persons, whereby state prosecutors put out findings against accused persons in public for public commentary even before the case is taken to court.
The former Member of Parliament expressed his worry over these occurrences, emphasizing that there must be respect for and adherence to due process, whereby accused persons are given the opportunity to answer to such allegations in court.
“It is a growing phenomenon that is quite worrying to me and to a lot of Ghanaians. Where there is a public discussion of an issue already, before you get to answer whatever allegations are against you, the public has formed an opinion. I mean, you have been prosecuted even before the case actually starts in court.”
Hon. Alhaji Fuseini Issah, Former Member of Parliament for Okaikwei North
Hon. Issah expressed his worry over this situation, emphasizing that there is the need for accused persons to be given the opportunity to respond to allegations leveled against them in court, where due process takes place.
He further emphasized that the court is the ultimate place where both parties are able to provide their aspect of the case for the legal processes to deal with it, noting that Ghana should be able to see some of these allegations go through the processes.
“The ultimate is a legal framework that we have all agreed that under the 1992 constitution this is going to be the ultimate.” He stated.
Alhaji Issah went further to emphasize the need for state prosecutors to commit to the dictates of the constitution and allow due process to take its course, adding that it is the only way by which cases can be resolved to the satisfaction of both parties involved in the case.
Executive Intrusion of the Judiciary
The former Member of Parliament for the opposition New Patriotic Party (NPP) also expressed his worry about recent occurrences involving the executive arm of government and the judicial arm, expressing concerns over a potential compromise of the judiciary by the executive.
He stated that the actions of the executive arm of government, led by the president, on the judiciary cast doubts over the continual trust in the judiciary as the ultimate place for the resolution of cases.
“I still hold the fact that look, we are in dangerous times in a regime that has found it prudent to, one, remove the chief justice. Two, make so many appointments to the supreme court, the appeals court, and the high court.”
Hon. Alhaji Fuseini Issah, Former Member of Parliament for Okaikwei North
He emphasized that since everyone has agreed, as enshrined in the constitution, that the ultimate and the final arbiter is the court, then all citizens should be able to have the benefit of trusting the courts and their process.
Hon. Issah emphasized that some of the actions of the executive, which involve the removal of the Chief Justice and the appointment of many judges, are even more worrying because they appear to be the ruling party’s campaign promises that were made on the back of the claim that the judiciary was compromised.
He further stated that the level of appointments to the courts in the last ten months is something that calls for worry, given that the campaign message of the National Democratic Congress (NDC) makes these occurrences appear to be a script that is playing out.
“Today I won’t sit here and castigate or cast any slur on a legal system. That is not of me. I think that we should hold that as sacrosanct. I mean, we should not be able to say things like that against a system that we all would finally go to to be subject to those institutions. But when it happens like this, then you think that perhaps there is something under the table that we don’t want to. No, we shouldn’t.
Hon. Alhaji Fuseini Issah, Former Member of Parliament for Okaikwei North
He therefore emphasized that all state actors should adhere to the provisions of the constitution that everyone has agreed to, adding due process must be allowed to take its course.
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