Resetting The Rule Of Law

President John Mahama

 

Whoever coined the phrase ‘packing the courts’ did well because it captures the true meaning of making so many appointments onto the bench to achieve a goal.

Today, as the President does so as he has the authority to do, constitutionally, he only reminds us about what he told National Democratic Congress (NDC) lawyers he would do when he returns to Jubilee House – appoint those of them who would make themselves available for such appointments.

President John Mahama used the ‘packing the courts’ phrase against then President Akufo-Addo when following created vacancies occasioned by retirements, the latter made replacement nominations.

At a time when the President is walking his promise of changing the face of the judiciary, from a Unanimous SC to an NDC balanced one, questions are being rightly posed about the integrity of his project.

Had the President not said what he did when he met a group of pro-NDC lawyers in the Volta Region during his opposition days, his ongoing project of elevating judges from their current statuses to higher positions on the bench, perhaps he would not have come under public opprobrium as he is now.

While we respect the many years of service of these wonderful gentlemen and ladies who have caught his eyes and on the verge of reaching the highest level of their career, we fret about how his pre-election rhetoric is going to impact their integrity.

The new norm for people who have cases in the courts to want to find out when the judges were appointed to their current positions is an outcome of the President’s misguided rhetoric while in the opposition trench.

Last week was hectic with many Ghanaians expressing concerns about the many developments on the political space.

With the passage of the public tribunal system into law by the NDC-dominated House of Parliament, the nightmare of the Provisional National Defence Council (PNDC) era flashed in the memories of those who witnessed those kangaroo courts and others who read about them.

Packing the courts and the passage of the tribunal law only creates a worrying opportunity for the cadre and revolution mentality NDC apparatchiks to circumvent the rule of law.

The Trades Union Congress (TUC) has expressed opposition to the return of the system but rather belatedly. Why did this umbrella body of Ghanaian workers sit down for this long until the Majority did as they want in Parliament?

With a time limit given the tribunals to deal with cases and come to conclusions, we cannot hold back apprehension about the nature of these courts and how it would prepare the grounds for political vendetta to play out.

With only the chairpersons expected to be lawyers with many years of practice behind them, other members do not necessarily have to be legal minds.

We think that the ruling party will manipulate this arrangement and have empaneled NDC-friendly personalities to push an agenda.

With such traits already noticeable in the normal system, this fear can only be expected.

We have come a long way from the national effort of healing through the National Reconciliation Commission (NRC) that the thought of a return of the kangaroo system churns the stomach of many.