FROM TIMES ONLINE 02/08/2005

Free to hold independent court
BY WILLIAM BLAIR

Ghana's judiciary has withstood very tough times
THE world’s attention has been focused on governance in Africa as never before. The stories have tended to accentuate what has gone wrong. We can easily overlook what has gone right.

This story is about Ghana. It begins in 1979. In June, four days after a coup d’état, a businessman was instructed to report to the military authorities, who detained him. He applied to the High Court in Accra for a writ of habeas corpus. A certificate was produced purporting to show his conviction and sentence before a special court. He claimed that it was forged.

Ordering his release, Mrs Justice Koranteng-Addow said: “One must not lose sight of the fact that in a revolution a lot of things happen and nobody questions the makers of such coups d’état. However, when they seek to clothe their actions with the responsibility of legality, then sitting as a judge I will have to look at how these things are clothed.”

This was one of five coups in Ghanaian history, in the face of which the judiciary had to try to maintain its independence. So far, the events are regrettable, but maybe not remarkable.But what happened afterwards certainly is remarkable. On the night of June 30, 1982, the judge was at home. During curfew hours, she was abducted, murdered and her body doused with petrol and burnt. Two other High Court judges suffered the same fate.

According to Ghana’s national reconciliation commission reporting in October last year, what the judges had in common was that they had ordered the release of people sentenced to long terms of imprisonment by special courts.

Their deaths could easily have been suppressed and forgotten. But they were not. There was an outcry, not least from the legal profession. A special investigation board was appointed under a former Chief Justice, and people were apprehended and punished.

The Ghana Bar Association has instituted an annual memorial of these events — wreathes are laid, commemoration lectures given and a church service held. A measure of how far the country has moved on can be seen in front of the Supreme Court building in Accra. In 2004 a memorial was erected — it bears the inscription “Martyrs of the Rule of Law”.

In terms of governance, Ghana is a success story. The country re-established a multi-party democracy under its 1992 Constitution. In the 2004 elections, turnout at 83.2 per cent was the highest recorded. There is a free and vibrant press. Importantly for the economy, it is beginning to attract tourists.

Change is also in the air for the judicial system. In 2003 Mr Justice George Kingsley Acquah was appointed Chief Justice. Under him, the judiciary has provided for the fast tracking of cases, worked towards a proper career structure for the magistracy and established a Commercial Court which started hearing cases in March.

Crucially, there have been moves to address corruption. A complaints and inspectorate commission was set up in 2003 to receive complaints from the public on any aspect of corruption, incompetence or delay. One judge and some members of the courts service have been dismissed, and in a few cases prosecutions have been brought.

So in good governance terms, an independent judiciary — with the vital backing of an independent legal profession — can claim real achievements in Ghana. As to the murders, in his remarks at the wreath-laying on June 27, the Chief Justice emphasised reconciliation not retribution: “We seek no vengeance, as vengeance is of God. We demand neither excuses nor apologies from anyone.” What he and his colleagues are trying to achieve deserves the fullest recognition and support.

The author, a QC, is a member of 3 Verulam Buildings and gave the 2005 Martyrs Day Commemoration Lectures