The Judiciary is and remains the most veritable guardian of our constitutional rights, irrespective of the social, political and religious divides we belong to. The better choice is for us to help improve it to better serve us; and not to attack and tear it down.
Yaw AcheampongBoafo, Esq President: Ghana Bar Association
A martyr is a person who sacrifices something of great value and especially life itself for the sake of principle. In our case, there were four martyrs involved so the day set aside for the memory of the late martyrs, 30th June, will be martyrs’ day, and this will be accepted by the Associated Press Stylebook and the Chicago Manual of Style on the plural possessive.
To lawyers and judges (they are trained together at the Ghana School of Law), 30th June is a red – letter day and on that day, the judiciary lay down their tools to memorialize the deaths of Justice Fred Poku Sarkodie, Mrs. Justice Cecilia Koranteng Addow and Justice Kwadwo Agyei Agyepong (the fourth victim is Major Acquah, a retired army officer).
This year’s commemoration was held on Friday last week at various cities, including Accra (Holy Spirit Cathedral) and Kumasi (St Georges’s Church).
The Accra version saw the President, Nana Addo Dankwa Akufo-Addo attending with a large entourage which included the Chief Justice Gertrude Torkonoo, and the Attorney General Godfred Yeboah Dame.
You could also see Jones Dotse and Nana Amegatcher; so could you see Kwabena Agyei Agyepong, son of one of the befallen judges.
The life stories of the three judges were read: Justice Fred Poku Sarkodie was not afraid to explore and expand the frontiers of the law. The celebrated case of Abebreseh v Kaah (1976) 2 GLR in which he insisted on the right of a wife to property acquired by her husband with sacrifices made by her, stands in his name – this was before the Intestate Succession Law (PNDCL III) was promulgated. So was the case of Addo v Addo (1973) 2 GLR, 103 in which he ruled“…Persistently refusing a young wife sexual intercourse over a long period constitutes unreasonable behaviour such that the wife ought not to be called upon to endure it any longer”.
Justice Cecilia Koranteng – Addow was one of only three female Superior Court Justices at the time she became a High Court Judge in 1975. She was noted for her deep knowledge of civil procedure. Lartey and Lartey, Co Ltd v Beany and Anor (1980) I GLR, 590; R v Director of Prisons, Ex – parte Shackleford (1981) GLR, 55A stand in her name. She was the first judge to have questioned the Transitional Provisions of the Armed Forces Revolutionary Council (AFRC) inserted in the 1979 Constitution; she also set free an AFRC convict. She was a nursing mother when she was abducted by the assassins led by Joachim Amartey Kwei, and included: Cpl Amedeka, Michael Senyah, Johnny Dzandu and Tony Tekpor.
Justice Kwadwo Agyei Agypong was called to the Inner Temple in 1960, returned to Ghana in 1961, and entered private practice, rising to a High Court judge in 1977. He was the only High Court to sit with the Supreme Court judges on the case between the PNP government and Dr. Amoako Tuffour. In Ramia v Ramia (1981) GLR, 275 he proclaimed that the equitable doctrine of presumption of advancement was applicable to all marriages recognized by Ghanaian law.
The President of the Bar, Yaw Boafo’s speech touched many hearts “Hiding behind political interests to only redicule and politicise judgments, not from the angle of legal, scholarly and constitutional appraisal of decisions, unfairly and inappropriately lowers the dignity of our courts and hurts the rule of law”.
He faulted Hon. Agbodza, the NDC MP for Adaklu for stating that: “Under the reign of the outgoing Chief Justice the level of miscarriage of justice in this country reached a crescendo …” but the President also had a word for the judges: “We implore our judges to endeavour to eschew all acts of impropriety, biases and improper influences… to do justice to all manner of persons without fear, favour, affection or ill-will”.
The Parish Priest Very. Rev. Fr. Dr Ebenezer Akesseh called on judges and lawyers to emulate the works of the three martyrs by defending the law and protecting the rights of all individuals.
The Kumasi version was heavily patronized by the judges and lawyers, particularly, the freshly-minted ones. The Court of Appeal Judges, Justice Diawuo Justice Anthony Oppong and Justice Angelina Mensah-Homiahwere visibly present.
Justice Kofi Akrowiah, Supervising High Court Judge did the First Reading Number 15:15-16: “For the assembly there shall be one statute for you and for the stranger who sojourns with you… One law and one rule shall be for you and for the stranger who sojourns with you”.
The commemoration speech: “Lest we Forget” was read by the President of the Regional Bar, Kwame Owusu Sekyere. He noted: “… Our departed colleagues died in the line of duty to their nation, to their countrymen we must remain vigilant and cognizant of the threats to Rule of Law in our country. Rule of Law will be meaningless if there is no access to speedy and effective justice anchored on rebust and effective legal representation of persons in conflict with the law…”
Reverend Dr. Opunim Frimpong was plain. He talked about the perception people have about lawyers and judges in Ghana, most of which will be false, like the one which says lawyers and judges lie in state upside down and are buried in the same manner. Or that lawyers collude with judges and change envelopes, goats and sheep, and even parcels of land to swerve justice. He revealed a secret (which should remain a secret to only the congregants): As an ardent member of the Scripture Union (S.U.) he contested the Prefectship with another student at Konongo Odumase Secondary School. The supporters of the other contestant spread rumours that as an S.U. member if he got the position, he was going to abolish the ‘disco’ and report on those who escaped to town to attend ‘disco nights’ Obviously, he lost and the other student won! Rumors; wild untruths; gossip-mongering…
And when the so-called 1979 ‘Revolution’ led by Flt. Lt. J.J Rawlings occurred, students championed it, gleefully shouting ‘Let the blood flow’ when soldiers shot previous state leaders at Teshie Range.
The theme for the sermon was based on the Bible edicts at Numbers 15:15-16, and Proverbs 31:8-9: “Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy…”
It was a day to remember, and Mrs. Lucy Pearl Addison the Regional Directress of the Legal Aid Commission danced and danced – and danced, and Nene Ahuma Korda, M.C. acknowledged that “It’s good to be in the house of the Lord”. You could not miss the melodious voices of the trio led by Justice Patricia Quansah that sang the Holy Child School Anthem and then you ask what is the GBA Anthem? And what about getting the state to declare 30th June a freedom and justice holiday?
The host Minister Very Rev. Dr. Isaac Osei Karikari, had played effectively the role of “Captain of Israel’s host and guide” and we could not simply return to our Chambers without splitting a bottle with Koffie Esq at the Army Mess, and looking forward for another glorious year.
AfricanusOwusuAnsah
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