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Mob Attack on Courts: Impact on Justice delivery || The Law with Samson Lardy Anyenini (3-9-23)
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NewsTranscript
00:00 The judiciary is set up by the Constitution of Ghana to dispense justice for and on behalf
00:11 of us, you and I, the people. So what does the service and those who manage, judges,
00:23 do when the people attack the courts? It's said often that justice doesn't seem to be
00:34 available to all of us, particularly because of the remoteness of, as in, lack of closeness
00:44 to courts. We have seen a number of courts being set up to allow for there to be, if
00:53 you like, justice at the doorstep of the people. So if the courts are being attacked, does
01:01 it mean the people don't want the courts closed by them? This is what we are looking at. Attacks
01:10 on the courts and the implications for justice delivery. We'll be right back to introduce
01:19 my guest to you.
01:26 You're welcome back. This is The Law. It's your legal light. It's your help law. And
01:32 my guest this afternoon, Xavier Koku Kuju, is the PRO of the Ghana Bar Association. And
01:41 I mean the public relations officer. Thank you once again for making time to join us
01:45 on The Law, sir.
01:46 Thank you.
01:47 Also joining us is Abdelahi Akubo. He's General Secretary of JUSAC, the Judicial Service Association.
01:56 Thanks for making time to join us.
01:57 It's a pleasure.
01:58 All right. So I'm going to start on this note. I'm going to read to you a statement that
02:05 was issued by the Judicial Service Staff Association of Ghana. It will bring a perspective to what
02:13 prompts this discussion if you're already unaware of what is going on. It's titled,
02:19 it's dated the 28th of August, 2023, and it's titled "Attack on the District Court, Tamale."
02:27 The Judicial Service Staff Association of Ghana, JUSAC, notes with grave concern the
02:32 violent and unlawful invasion of the premises of the District Court, Tamale, by some unscrupulous
02:38 elements of Tamale on Monday, 28th August, 2023, at around 10 a.m. That attack, which
02:45 saw residents troop to the court premises in their numbers and pelting stones, pelting
02:52 stones that destroyed fixtures and injured a police officer, leading to exchange of gunfire.
03:02 Note that as well. Leading to exchange of gunfire by the police to disperse the irate
03:17 youth, irate youth. In no uncertain terms, JUSAC unreservedly condemned the barbaric
03:26 act of the miscreants. We also wish to commend the Ghana Police Service for their swift intervention
03:33 with reinforcement that saved the properties and lives of the magistrates, court officials,
03:42 lawyers, litigants, and other court users during the said event. Whilst we send our
03:49 well wishes to the injured police officer and other innocent victims, we wish to call
03:56 on the Ghana Police Service to deal decisively with the 13 suspects arrested during the event
04:07 in accordance with the law, whilst efforts are made to apprehend the other suspects on
04:13 the run. The general public are reminded that the judiciary exists for all citizens and
04:23 that justice is administered in accordance with the law, irrespective of the persons
04:30 involved. All citizens owe it a duty to support our court to operate in an atmosphere free
04:38 of all forms of intimidation and violence. Further, we call on the revered chiefs, religious
04:48 leaders, political leadership, and the opinion leaders of Tamale and the Northern Region
04:53 to support the judiciary and the security services to serve the people to the best of
04:59 their abilities. And that's the end of the statement under the hand of Samuel Afoteotu,
05:06 National President of JUSAK. So, you issued a statement. So what? They have attacked the
05:18 courts, they have injured people, they have caused the fear that has to be caused, as
05:25 you said magistrate, court officials, lawyers, and litigants were in danger and the police
05:32 officer injured. They attacked the court, they pelted stones and they destroyed fixtures,
05:38 injuring the police officer and there was exchange of gunfire. It has happened. It shouldn't
05:44 have happened. Even if they tried, they should have been stopped before they could start.
05:53 So what's the point of a statement? Okay, I think, thank you very much once again for
06:00 having me. The citizens of Ghana need to understand that when we talk of the judiciary as defined
06:09 in Article 126 of the Constitution, it is often defined in terms of the court. So any
06:15 attempt or any attack on the court is an attack on the judiciary and the justice administration.
06:23 It is enough to say that such attacks are attacks on the national security of the nation
06:29 because to attack the third arm of government, if that organ of government sees it work efficiently
06:37 as expected of the citizens, definitely there will be trust issues and the state will not
06:43 stand on the tripod as expected of it. When we issued the statement, we followed up to
06:51 know what was happening on the ground and to tell you the truth, the following day,
06:58 the court staff were not certain of their safety when they returned to court. Of course,
07:01 that's what you expect. And when the supervising judge, the administrator and other Yusak regional
07:07 officers met with the staff, you could read from their face that even when you are seated,
07:12 you still have to be looking at your back just to be sure that you are safe. It was
07:17 our expectation that the police would actually deal... If one has to do that, be afraid,
07:23 look at their back as you say, to be sure what is going on, should be any police other
07:30 than the courtroom. Definitely, especially when judges are supposed to be independent.
07:35 They are not supposed to have any fear or favour, affection or ill will in the discharge
07:42 of their duties. But such attacks have the tendency of affecting the way judges think
07:50 about their safety when they are seated to administer justice to the people. That was
07:56 the reason why first we have to condemn it in the first place and then look at the people
08:02 who matter because where we come from, we understand the influence that chiefs wield
08:07 in community. We understand the religious leaders as well as the political class. It
08:12 was our feeling that these are the people who talk to the youth and the youth listen
08:17 to them. They wield some level of authority and when they speak, the youth understand.
08:22 The whole issue was this misunderstanding about how the justice system works. In fact,
08:29 people don't understand. When I watch some of the videos from the youth saying that why
08:34 should two of the drug peddlers be convicted and sentenced and another person comes and
08:39 he's granted bail, they do not understand why it has to happen. So you understand that
08:43 it is clearly about legal illiteracy and that is so very high in this country, I must say,
08:53 despite the number of programmes that we've been doing. In fact, I must commend Joy News
09:00 and yourself for having a programme, The Law, which follows the time without number and
09:07 the issues that are discussed are the surest way by which we can get the public enlightened
09:14 so that when they understand how the legal system works, some of these things would be
09:18 made. I must say that many of the people at the place where this happened are hooked on
09:25 to Joy News as we speak. The programme is not only for the people of Tamale where this
09:32 happened because as you know, this is not the first time and it is not happening only
09:39 in Tamale. Courts have been attacked even here in Accra. In Kumasi not too long ago,
09:46 we heard about this big issue. Not too long ago recently also, Afute when I was listening
09:53 to him in the interview, referring to another, you know, Kaneshi court also coming under
10:00 attack. So if you are watching, please relax. We're seeking to educate and we will take
10:09 your views also while you think what you did may have been justified because I know most
10:15 of you want to call into the show. So first, let's begin. What have you understood to be
10:23 the concern of the people who messed up at the court? And as you can see in the footage,
10:31 they are angry, you know, and they want something done for them. That's not a small number of
10:37 people you see over there. They messed up in their numbers. What exactly was their concern?
10:44 Where they thought that justice was being twisted?
10:47 Okay, so first, there is this incident of drug abuse that is destroying the youth from
10:57 Tamale, Yindi and the northern part of the country. I can't speak for other parts, but
11:03 I've watched the video and I saw a gentleman wept with emotions about how drug is destroying
11:09 the youth. So they have had...
11:10 Drug abuse is destroying many youth in this country, not only in Tamale and those places.
11:16 So they have decided...
11:17 Actually, it can be said it is worse in certain places in the cities. So you go ahead.
11:23 So they have decided that let's form a task force, get the blessings of the chiefs and
11:27 the political leadership.
11:28 So this is the community.
11:29 Very good. So that we can take citizen action to arrest drug peddlers and let's hand them
11:36 over to the security to deal with them in accordance with law. They've done it over
11:41 and over. They've missed certain arrests. But oftentimes those who deal in the drug
11:46 dare them and show them that we have something that we can do so nothing can happen to us.
11:52 They've brought two people to court who were dealt with and they were somehow satisfied.
11:57 In the case of the incident that brought about the attack...
12:00 The two people were dealt with as in tried and convicted.
12:03 They were convicted and sentenced.
12:05 Correct.
12:06 So the third person who was brought was said to be, they use the word "oboro" in the drug
12:10 peddling business. So when he was arrested by them, we're told they actually broke into
12:14 where he sells it, took the exhibits and then brought him and those exhibits to the police,
12:20 expecting that the police would expedite action and let him go through the same process and
12:27 also be jailed. At the police, first some of them said he was granted police inquiry
12:32 bill, a situation they were not comfortable with. Perhaps the police may also wouldn't
12:37 want to keep the person beyond a certain...
12:38 The lawyer is here, he will help us with some explanation. Oftentimes people make a complaint
12:44 to the police and they say this person is doing wrong. The police go arrest the person
12:49 and the person is processed and granted bail by the police and the people don't understand
12:54 it at all. They are like, why is the person out? He has to be in custody. So like you
13:01 said, legal illiteracy. We'll try and explain. So go ahead. Yes. And then what happened?
13:06 So from there he was brought to court. On his first day of appearing in court, they
13:10 actually came in their numbers to witness the scene and the courts also admitted the
13:16 accused person at that time into bail. Good. They found that situation also not comfortable.
13:22 They thought perhaps he would have just pleaded guilty and then he would be sentenced in place
13:26 to ask what happened in the other cases. From the videos we watched, they indicated that
13:32 when the gentleman came out, he dared them that he is going to make sure that he escaped
13:36 the situation. Police and courts are what he made certain remarks, sending a signal
13:41 to them that... And so the grant of bail by police and the subsequent grant of bail or
13:47 if you like confirmation of the bail by the courts, these people or the drug suspects
13:57 will construe that as victory. Very good. And then the community members will be angry
14:02 and they say, "Well, they told you. They said you can't deal with them with the system.
14:06 The system is letting them free." Very good. Okay. So on the third day when they appeared,
14:11 so the second day that he appeared in court, they came in their numbers. In the courtroom
14:15 proceedings were still ongoing. Some people had the chance to be in the courtroom, to
14:19 know what was happening and were communicating with those outside. And from the signals they
14:23 were picking, it's like what the guy said will happen, it's going to happen, which wasn't
14:28 the case. But as you know, this hat, it is that touch on emotions. That's right. If you
14:33 watch the video, they began by making noise. Then they started, they bent a tire at the
14:40 front at the entrance of the courtroom, making entry a bit difficult. And if you check where
14:46 the Tamil industry court is, behind it is a school. Some passed through the school and
14:50 they jump over a wall and got into the court premises and the students started coming.
14:56 At that point, it was difficult for the police to control the situation. They had to call
14:59 for reinforcement. The reinforcements came in, trying to push them out. They did all
15:05 they could, but the pressure that was mounting, especially when the police officer got injured,
15:09 the police realized that they had to perhaps fire some kind of shots as a way of warning
15:15 them, to deter them. So they did that and the youth decided to move back. And that was
15:22 how they could save the situation. In fact, some indicated that they don't want the court
15:26 to deal with the suspect again. They want to come and pick the suspect. They arrested
15:30 and brought him to the police. So they will pick him and deal with him because they felt
15:33 like the confidence in this legal system that was going to deal with the suspect wasn't
15:37 their best. So they will now want to have access to him and deal with him in accordance
15:42 with the way they felt was going to be just. So that was what brought about the issues
15:49 at the court on that very day.
15:50 So from where you sit, these community people had a genuine cause, correct?
15:57 Definitely.
16:00 And there's the larger issue of confidence in the judiciary, not so?
16:07 Let me say in the security system also, if you defend the judiciary, include the police
16:14 prosecution. Because I realize that normally when courts are attacked, it borders on criminal
16:20 cases. And by criminal cases, there's going to be a prosecution largely from either the
16:26 AG side or the police side. So if there is no confidence in the police prosecution or
16:31 the Attorney General side, these things are likely to happen. If you check instances where
16:36 the courts are attacked, it is a criminal matter. And the people either feel that the
16:41 police aren't going to deal with the matter in a way that is good or usually. And sometimes
16:48 I realize that either politics also sometimes are attached. If you take the Delta Force
16:53 issue in Kumasi for instance, you can read it. So not necessarily the judiciary itself,
16:59 but the police. People don't understand that if I bring the case, okay I'm a complainant.
17:03 I'm not a direct party to the case. There is a prosecutor, it's the public versus the
17:09 accused person. So they don't understand, they feel that I am the complainant, so the
17:13 case is between me and the accused person. Why are the police dealing with the matter
17:16 this way? So usually that is where sometimes the challenges come.
17:20 Okay. Let me bring in the Ghana Bar Association and it's represented by its public relations
17:26 officer. So Sylvia, first of all, what does the GBA say? And the GBA represents the GBA
17:33 represents lawyers. What does the GBA say about this incident and such incidents?
17:40 Thank you very much. Our position will not change. This is very condemnable. Nobody should
17:50 condemn this. I think that it's becoming one too many. And we have a role to play as lawyers
17:59 and anybody who has legal knowledge. Over the years, even this year, we do legal outreach.
18:04 When you and I were either in law school or faculty of law, we devote a whole day for
18:10 legal outreach during our law weeks. I think that should be intensified. Probably maybe
18:14 the target we had then...
18:16 Practically that is what I have extended on this platform. So this is your legal clinic.
18:20 Yes. So maybe probably the target we had then was students in school. I remember at the
18:27 time it was secondary schools they were using. Even last year during the conference, we went
18:32 to some secondary schools. This year at Cape Coast, we intend to do a similar thing. I
18:37 think the scope has to be expanded to the community level. Maybe we have to get lawyers
18:43 who hail from those communities to be able to explain the issue.
18:49 You see, education is important because just as I have a right, when my right stops, somebody's
18:56 right starts. It was a brilliant idea that they had, or they still have a group which
19:02 was trying to work against drug abuse. You arrested a person for obvious reasons, you
19:08 have to hand over those people to the police because you didn't have the power to put it
19:13 beyond that point. Now when it gets to that point, allow the system to work. People must
19:18 understand that the truth does not necessarily mean that you have evidence supporting what
19:25 you're saying. The court operates in a way such that when you send a matter to court,
19:32 your facts are there. The judge will have to take evidence and apply the law together
19:36 with evidence to the facts. So you may be speaking the truth, but if the evidence does
19:40 not support your case, too bad for you. And let's believe in our systems because if we
19:46 don't condemn this, it could be extended to just any other court, including the Supreme
19:51 Court, even the palaces of the chiefs because the chiefs will sometimes settle cases. So
19:57 you may be settling a case in your palace, the youth come around and say, "Oh, Mr Chief,
20:01 oh, Nana, Togbi, the way he has done, we are dealing with this one, we don't understand.
20:06 We are coming to do whatever we want to take over." It shouldn't be like that because I
20:11 am wondering, Abulai said there were people in the courtroom who were giving them feedback.
20:18 Are those people knowledgeable in the law? The process had them concluded. How then do
20:24 you conclude that you are not going to get justice as it is?
20:28 They have suspicion, so they don't want to wait for it to conclude.
20:30 No, everybody can suspect.
20:32 Their suspicion is that it will end up with the man being, the guy being freed and as
20:37 far as they are concerned, he is guilty.
20:39 That is where the issue of integrity of our judges and the court system comes in. I have
20:45 always said that as a judge, apart from your knowledge of the law, what you should look
20:49 out for is your integrity. We say judges are being corrupted. I think that the judges themselves
20:56 have a lot to do. If I bring you a package, if a man of principle should reject it and
21:00 cause my arrest, including lawyers, because something I believe you know, Dean Lye, that
21:05 some of our colleagues try to do that. I have said time and again that any judge who is
21:11 serious has no excuse saying that I have been corrupted. You are the taker.
21:16 Anybody who makes such an attempt causes a person's arrest. Maybe probably with our special
21:20 circumstances we should even look at our law on corruption. Why do we say the taker and
21:25 the giver are equally guilty? For me to make a headway, let's limit the guilt to only the
21:30 taker, so that you may not even be sure whether you are being set up. That is the only way
21:35 we can proceed. If we look at that law this way, I tell you in the next few years, we
21:41 will do something about corruption. So this is an act that I think nobody should condone,
21:46 not at all. It could be anywhere in this country, not because it's in Tamil Nadu.
21:51 Whilst you repeat the GBAs, I may say the standing condemnation, where any time this
21:56 thing happens, help give a bit of education to the people who did this. The suspect, they
22:08 arrested the suspect. The law allows them to cause effected citizen's arrest. But the
22:13 law says immediately you effect the arrest, you should hand over to the nearest police
22:17 station or police officer. They have done that. As far as they are concerned, they took
22:25 evidence of the crime. So they don't expect that this guy should be granted bail by the
22:31 police. They don't expect that when he appeared before the court, the court should grant him
22:36 bail. Explain why. As I said, we have a judicial system, that judicial process, they have to
22:44 understand. The fact that you have arrested somebody with exhibits, so to speak, does
22:51 not mean that he doesn't have the right to be granted bail. Because the whole process
22:56 now has to be initiated and completed. So you wait. When the process is concluded, based
23:03 on all this, the person did not get convicted, then you can go to the next level, that is
23:08 by appealing until the process is concluded. Until the process is concluded, you cannot
23:12 follow the court system because it appears they've jammed the gun, to my mind, because
23:17 they ought to have waited for the process to be concluded. Then they could comfortably
23:21 say that, oh, with all the available evidence, this court failed to convict this accused
23:26 person. So for me, education is key, as I said. So they are doing a good job.
23:34 You said they can wait.
23:36 They should wait.
23:37 Yes, until the conclusion of the matter, and if they are not happy, they can appeal. This
23:42 is a criminal matter. It's not for the community people to be able to do any appeal. The criminal
23:48 matter means that it's a matter, the state against the individual. So if it ends, it
23:54 ends. If the guy is free, they see him back in the community, and he's going to continue
23:59 to unleash the wrong on their children.
24:04 Samson, they are complainers, they are witnesses in the matter. So if the prosecutors are convinced
24:10 that the court didn't do a good job, the prosecutors can do that on their behalf.
24:14 They are not happy with how the prosecutors are handling it. What should they do?
24:17 No, Samson, you see, you may not be happy, but this is a professional area. If you don't
24:23 have the requisite knowledge, you can decide not to be happy, but that doesn't solve the
24:27 problem. I would say that if you think you are not happy, then consult people who have
24:31 knowledge in that area to be following the case for you, as you and I do in criminal
24:36 cases for our clients, to see if what is going on is really what's supposed to be.
24:39 And they can actually make a petition to the Attorney General to review the matter to see
24:43 if the prosecutors didn't do a good job, and so on. All right. So when the police is granting
24:53 bail, in law, we say this is the basis. In our constitution, in Article 19, it says,
25:02 "A person charged with a criminal offense shall be given a hearing within a reasonable
25:10 time by a court." And it says, "A person charged with a criminal offense shall be presumed
25:19 to be innocent until he is proved or has pleaded guilty." So that's where to start from. Why
25:30 is this important? Help us explain.
25:32 Okay. Thank you very much.
25:34 So that they caught the person. He's holding the thing. They know he's the guy. He has
25:39 done the crime. Yet he's supposed to be presumed innocent until he himself has pleaded guilty
25:47 in court, or the court has found him guilty. Why should it be so?
25:50 So first of all, before we can say an act is an offense or is a crime, there is a provision
25:58 in the law that makes that act a crime or an offense. And a punishment has been prescribed
26:04 for it. So the fact that you see somebody doing an act which you think is not good,
26:10 it may be morally bad, but if our books do not say that such an act is an offense, it
26:15 may not necessarily be an offense. So when you catch somebody committing an act, it is
26:19 important that you take the person to the police. Now, upon examining the acts that
26:25 have been committed in the light of the provisions of the law, then the police can decide to,
26:32 maybe upon doing their investigations also, decide that a certain crime has been committed
26:37 based on the provisions of the law. If you catch somebody and you feel the person is
26:41 committing an offense, the person may be committing something that is morally wrong, something
26:46 that a society will not accept at all.
26:48 There are times when the police will be compromised by the people involved, especially the dark
26:54 people. And the community people, they are aware. They actually know people who are like,
26:58 you know, call them hardened criminals, that they help to arrest, and then the next day
27:05 they are roaming around and they are going to terrorize their citizens. And that's their
27:09 concern here.
27:10 The law has two phases. One part of it is that you can be a complainant one day. Anybody
27:16 can be accused of an offense. So the fact that you are the one making the complaint
27:20 against somebody does not mean that the person should be pronounced guilty before the person
27:25 is tried. Any allegation can be made against you. You can be living in a room with a girl
27:31 and the girl can accuse you of raping the person. People may come and they see blood.
27:35 It could be menses. It could be anything. Even if the person was found with a substance.
27:39 Until such a substance is tested, and we are sure that this substance that has been tested
27:44 is something that the law prohibits people from either holding or selling or using, then
27:49 we can be sure that a crime has been committed. And that's why I say that when you are a complainant
27:54 in a matter, you should understand that the rights that you have when you are accused
27:59 or somebody complains against you is the same rights that your accuser also has. And when
28:04 it happens to you, you will respect the provision of the law that everybody should be innocent
28:10 until you are proven or admitted.
28:13 Xavier, does granting a person bail mean that they are victorious, they have won the case
28:19 or they have been set free?
28:20 No, Samson, no. I think it's illiteracy. You and I know sometimes even if you are doing
28:27 a civil case, an injunction is granted in a land matter, I have won. I think it's illiterate.
28:31 It is never so. It is the person's right. As you just read from the constitution, the
28:36 fact that you may have even caught somebody red-handed committing a crime doesn't mean
28:42 that he doesn't have the right to be granted bail. When it comes to crime, the constitution
28:47 even says that the person shall be heard by a court. So all these things must be known
28:51 to people so that they know it's a gradual process and we should all be patient with
28:56 the system. I admit our system is quite slow. But instances like this can even make the
29:01 system slower. I'm not sure I'd be like, "That court is sitting now." Is it? I'm not sure.
29:05 For the few days, I'm sure it was closed down.
29:07 Yeah, we were able to manage to have some security for the court.
29:11 So you see, he mentioned security. Security is fine, but why should we expend money doing
29:17 some of these things if people really understand the system? Because understanding the system
29:22 will avoid some of this.
29:23 So your explanation is that granting an accused person or a suspect bail is not the same as
29:31 the person has been set free.
29:32 Not at all.
29:33 The bail is just the beginning of things so that the person will get ready for the trial
29:39 to go on. It is in the trial that these people who are not happy must marshal the evidence,
29:46 give it to the prosecutors to nail the person, correct?
29:50 Definitely.
29:51 All right. You're still here on the law. This is your legal light. It is your help law. And
29:57 I'm here with Xavier Kuji, who is the public relations officer of the Ghana Bar Association
30:04 and Abdullah Yakubu, who is general secretary of the JUSAC, that is the Judicial Service
30:11 Staff Association. And we're looking at the attack on the court in Tamale and the justifications
30:22 provided and how that will impact on justice delivery. There are a lot of questions to
30:29 be answered. So we'll go to them and we'll open the phone lines in due course so that
30:35 you join us. So I'm back to you, Xavier. So everybody, according to the law, when they
30:42 are suspected of an offence or accused of an offence, are entitled to be granted bail.
30:51 Exactly so.
30:51 It is in the discretion of the judge to give them bail. Why in such a situation where the
30:58 community is clearly unhappy about this incident and the prosecution also knowing that the
31:07 evidence has been handed to them and it goes to the court and tells the court this, why
31:13 should that person be granted bail? The people don't understand that. Why should the discretion
31:18 be in favour of the person?
31:19 As I said, being granted bail is a constitutional right. Everybody who is accused of a crime
31:26 has the right to be granted bail unless the court is convinced that the circumstances
31:31 are such that the person will not be able to present himself for the process of hearing
31:36 the case to continue. That is why they don't even do it in a vacuum. They ask you to bring
31:40 a surety sometimes to be justified. Surety means that somebody will guarantee your presence
31:45 in court any time they need you. So it shouldn't be a system, and those are not people who
31:49 are not known to the accused person, to the extent that if the accused person is wanted
31:54 in court and those people are not able to produce a person, they bear the burden of
32:00 being punished for that. I think it's happened in one of these high class, how do you call
32:04 it, political cases. I don't want to mention it. So as I said, the basic thing is...
32:10 Everybody is aware that the court is looking for Sardinam, they can't find him. That is
32:16 a former Maslow boss, and then those who still have a surety for him are the ones who are
32:21 now taking the suffering. Apart from education, I think indiscipline is one thing that is
32:28 killing us. What happened at Tamale, I would say that it's because of two things. Lack
32:36 of education or understanding and appreciation of how the adjudication process works, and
32:43 indiscipline. Because if we are disciplined, I don't think we should be doing some of these
32:48 things. We should be patient and wait for processes to follow through. If we are not
32:52 happy, then we take the next line. Of course, the last resource should be violence. Not
32:57 at all. And the law is also that, or the jurisprudence is also that, bail is not supposed to be
33:03 used as punishment. Not at all. So the courts are not supposed to use bail to punish anybody,
33:09 regardless of what they have been accused of. And some time ago, certain cases were
33:14 not liable to bail, like murder. These drug issues were actually, narcotics were not liable
33:21 to bail until recently when Martin Tebu went to court and insisted that every offence should
33:29 be liable to bail, murder or whatever they are. And now, every offence is liable to bail.
33:35 But, it is at the discretion of the court. The court will look at all the situation and
33:40 decide whether it should be granted bail or not. If the court finds that you will run
33:45 away, and when you are needed to come before the court, you will not appear, you will not
33:50 be granted bail. If the court finds that you will interfere with the investigation or the
33:56 process, they will not grant you bail. Those are some of the things, but the law says it
34:01 should not use the bail as a punishment for you.
34:06 So, in your estimation, you have edged the judicial service and the police to ensure
34:15 that there is sufficient protection. What else can be done, apart from just saying this?
34:23 Because you have noted by yourself that this thing keeps happening.
34:28 Okay. Sometimes, there is this thing that I think prosecutors need to take notice of.
34:37 When you are dealing with a criminal matter, the jack sitting on the matter is not privy
34:43 to your intelligence about the likelihood of the community's reaction if the person
34:50 is admitted to bail. So, it becomes incumbent on the prosecution to come and relay their
34:58 security, their intelligence to the magistrate to explain reasons why the court should not
35:03 admit the accused person into bail. Sometimes, you can even grant a bail to somebody, and
35:09 the bail, when executed, may be detrimental to the person's safety because there may
35:13 be a possibility of a community attack on that person. The jack sitting on the matter
35:17 doesn't know this. It is the police who have intelligence about the people's interest
35:21 in the matter and how sensitive the matter is.
35:23 Explain that again.
35:25 I wanted to explain that because it's important. Sometimes, somebody is not granted bail,
35:30 and the person and the community are actually angry that the person was not granted bail.
35:35 But he's saying that sometimes, not granting you bail is in your own interest.
35:40 Explain that again.
35:41 So, what I was saying is that if a person is accused of an offence that the community
35:47 has so much interest in, and they're even looking for the person to attack the person,
35:52 in such an instance, the prosecution should explain to the court the sensitive nature
35:57 of the matter and the possibility of the person's safety being compromised when that person
36:01 is granted bail. In such instances, even though they may be searching other grounds that may
36:06 qualify the person for the bail, it may be in the interest of the whole justice system
36:10 and even the accused person, and in the interest of general community safety, that the person
36:15 should still be put in custody until the trial of the case ends.
36:21 And there's one thing I want to add. I realise that in most of the cases where the court
36:27 has been attacked, the Delta Force case and the Tamale case also, in these cases, you realise
36:33 in the Delta Force case, there was an original coordinator or somebody was...
36:40 A security coordinator was appointed. They were unhappy about it because somebody else
36:44 was promised the job and they molested the man and then it led to all of this.
36:49 So much as I would commend the police for their swiftness in the case of the Tamale,
36:53 at least to prevent the court from being, people from being injured, I feel that the
37:00 police can also look at the circumstances surrounding the case and pick sufficient
37:06 intelligence to put adequate security in place, depending on the nature of the case.
37:11 I recall one time that we had a criminal case. I wasn't a registrar. So I came out and I
37:16 realised that we had a whole lot of police who were around the courts and they were heavily
37:22 armed before the case was even registered at the court. And when I asked the investigator,
37:28 he told me that I should read the facts of the case. And the facts of the case could
37:32 tell you that this was the case in which the robbers who were being brought had some of
37:37 their colleagues on the run. And it was possible that they could even come at the court when
37:41 the case is going to be tried. In such, the police can even decide to give a different
37:46 timing for the matter so that people following the matter and may want to attack the court
37:51 wouldn't know when the case is going to be tried, just in the interest and the safety
37:55 of the court. So I am urging the police to deepen their intelligence. If you pick intelligence
38:01 that people are going to come and have a look at this case, they have interest in this case,
38:06 then you will know the number of police officers to deploy at the court, rather than waiting
38:10 for people to start an attack and then you now call for reinforcement when guns will
38:14 come to the court. So the suggestion is that in this case, and knowing what was already
38:18 at play, they could have found a way by which this matter would have been dealt with without
38:23 people knowing and coming around to cause trouble. That is one angle. And the second
38:27 angle is that the first day that the case was called, people actually came into their
38:31 numbers, except that nothing happened on that day. And the rumour that was around showed
38:38 that anything could happen on the second day. So we expected the police to have limited
38:43 even the number of people who came to the court on that day. Because drug lords have
38:45 people who are around them. And he was alleged to have boasted that he could do ABC. So that
38:52 he could restrict the number of people who come to court and ensure that you have sufficient
38:55 security presence in advance. If possible, have body checks on the people before they
38:59 come to the court. So like in the court complex in Accra, if people want to come there to
39:04 do anything on a particular day, they are restricted to the gates. They are not allowed
39:10 access into the court itself. But this compound is a different situation, right? It is an
39:16 appeal, if you permit me, that we will want to make to the Tamale Metropolitan Assembly.
39:22 The Tamale District Court serves a lot of people. If you see the caseload there, it
39:27 is one court that has two judges. So we have two courts, courts A and B, or courts 1 and
39:32 2. And the caseload is so much. I've patronised the court before. But that place does not
39:39 befit the status of a court. It is just an improvised court. Security is very, very poor.
39:45 Even washrooms at the court is a challenge. The local government put the district courts
39:49 as a baby of the district assembly. So we will want to use your platform to make an
39:53 appeal to the Tamale Metropolitan Assembly to consider constructing a befitting structure
40:00 for the Tamale District Court. That will have sufficient security protocols.
40:05 Justice Kweisi Eneyebwa, Justice Getri Tokonu, they have been, before Tokonu, he was going
40:13 around commissioning a lot of district courts and even circuit and high court. Justice Tokonu
40:19 is also doing the same. So maybe you should pay attention there.
40:22 Yes. In fact, I commend the government for the number of new courts that we have had.
40:25 The standard courts, if you visit any of the new courts, you will be very, very happy.
40:29 But a lot of the old courts that we have, when you visit the courts, sometimes when
40:35 you say this is courts, honestly you can be ashamed of calling such a premise a court.
40:41 But we believe that the people deserve justice. Wherever they put us, we will work. But even
40:46 as we do this, we still will wish that the government do it.
40:49 And they deserve justice in a secure environment.
40:51 Environment.
40:52 So Xavier, before we go to the broader matters of policy and things, he was talking about
41:01 the prosecutors. Where it is possible that in this matter, for example, it is the prosecutors
41:09 who may not have done a good job leading to grant of bail or whatever it is. To what extent
41:19 do you think prosecutors can help the process to avoid some of these situations?
41:25 I think they can do something. But the other thing too is that it may also be abused. Because
41:31 there may be interested parties who may also say, let him remain there. So of course, as
41:36 he said, the first day they went, a lot of people came there. So that should have sent
41:41 a signal that this is quite a sensitive case. So security should have been beefed up. I
41:46 think that is his concern.
41:47 Yeah, and they could have given the court a lot more information.
41:50 Information, yes.
41:51 Because they have the intel.
41:52 I think it's a good thing.
41:53 About the individual and the potential of his people coming there and causing trouble.
41:57 I think it's an important point that must be taken into consideration. Because I was
42:02 told, I was briefed by the Northern Regional Secretary of the Ghana Bath situation that
42:08 when the case was even going on, there were some people on radio stations who were saying
42:13 a lot of things which actually gave rise to the situation. And I must commend them for
42:19 what he told me. After the incident, they started doing a lot of education on the local
42:24 radio stations, which I think that many of us should emulate because it will help us,
42:29 it's going a long way to help us.
42:30 The phone lines are open now. You can call us and ask your questions to the General Secretary
42:39 of the JUSAC. And JUSAC is the Judicial Service Staff Association of Ghana. You could also
42:49 put your question to Xavier Kuji, who is the Public Relations Officer of the Ghana Bath
42:56 Association. Just ask your question, we should have answers for you. Any concerns that you
43:02 have, we will be happy to address them as well.
43:08 So, what updates do you have about the injured and the circumstances now? We understand that
43:22 there is a demand for the 12 who were arrested to be released. Because the community doesn't
43:29 understand.
43:30 Yes. So in our statement, we indicated that the 13 suspects should be dealt with by the
43:37 police in accordance with law. The information we had is that the 13 have been granted bail.
43:43 And being granted bail is part of being dealt with in accordance with law because bail itself
43:47 is part of the law. And I am using this as a precedence to let my people know that.
43:54 For them to understand the situation.
43:55 Understand that just as the 13 people, they feel that they are innocent and should not
43:59 be kept unduly for the case until they are tried. Same way any other citizen of the country
44:05 is entitled to bail based on the discretion of the court and the circumstance that is
44:10 required. So we've told that they made that demand and they've been granted bail. It's
44:14 our expectation that the matter will continue to its logical conclusion. But people should
44:19 reflect over the bail that has been granted to their people and they are happy. So when
44:22 it's granted to another person, when they are at the other side, they wouldn't see it
44:26 as injustice.
44:27 Let's begin with the questions from our audience. Musa, you are calling us right here in Accra.
44:33 Let's hear you, Musa.
44:35 Good afternoon, Samson, and good afternoon to the panel.
44:38 Good afternoon.
44:39 My contribution and I have to do about the prosecutor who is giving credence to people
44:44 who are suspicions that justice is not being done. I am an intern in the court. I'm a law
44:51 student, an intern in the court. And for my few weeks in the law court, I've observed
44:57 that certain prosecutors are not living up to expectations. I even have a court to complain
45:03 to my lady, the judge, that can the attorney general do something about these prosecutors?
45:09 There are certain serious cases that you see. The prosecutors will come, they will propose
45:15 to the point that the judge will become angry and sack out the case because the rules give
45:20 them that. That is number one. So when this happens, the witness, oh sorry, the complainant
45:26 will become furious and he will go out there and be making noise. The justice system is
45:30 not working. So the next time that such a person has a case, it becomes something that
45:34 if you feel comfortable taking the law into his own hands, the person will do it.
45:38 The second issue I want to do quick one is about the court system. I plead, because if
45:44 you look at, apart from DRN, other three or four government institutions in Ghana, yes,
45:49 the court or the judiciary is giving government a lot of money. Filing suits alone is not
45:54 small. But you can go to a court premises, even the circuit court within the Supreme
45:59 Court premises. If you go to where the judicial staff are used as their washroom, in fact
46:05 you will be shocked.
46:07 Alright, thank you very much Musa. And Musa has a genuine concern, doesn't he? Some prosecutors
46:14 are rather, you know, tidy. Is that not a fact? And then a judge and the court are the
46:25 ones that the people are blaming. Meanwhile, it is the prosecutor who is not doing their
46:30 work. Yes, Xavier?
46:32 I think that, not that I think that's true. Practically it's true. So I don't think that
46:39 if somebody is not performing, the person should be kept at post. Probably they may
46:44 complain about numbers, because I'm sure it's because of the numbers that is why the police
46:49 are doing some of the cases that some of us think that they shouldn't be doing, because
46:53 the AG's office doesn't have enough lawyers. But maybe this will be a forum to talk to
46:59 government or to appeal to government. Now that we are training many more lawyers, let
47:05 the system allow employment at the AG's department.
47:08 There are many more lawyers you have trained. They don't want to be there. They want to
47:11 do their own work.
47:12 They don't want to be there because probably the conditions there are not the best.
47:16 And then about 80% of them or so, they want to be in a crowd. They don't want to go anywhere.
47:21 That one is an economic issue, because nobody will go through this hard system by paying
47:26 fees, and you will not want to be where you get a daily bread, have some left for your
47:30 parents. No. So it's an economic issue.
47:32 Sadat, you're calling us from Tamale. Let's hear you, Sadat.
47:35 Yes, I think one of your panelists said the accused person was caught with the exhibit.
47:41 But to make that correction, the accused person, it was alleged that they went to one of his
47:46 warehouse where the accused person was absent, and then they broke into it and certain drugs
47:52 and other things were picked. That is supposed to be the exhibit in court.
47:57 And then regarding the case, I think it was when the...
48:02 Oh, did I lose Sadat?
48:06 I'm sure.
48:08 Oh, too bad. Sorry. Sadat, the aspect about you trying to make a suggestion about what
48:14 prompted the... what we have heard is the demand that those arrested be released.
48:21 If you can call us back and share that, that would be fine.
48:24 Who is it? Who is on?
48:26 I called earlier, yes.
48:30 Yeah, go ahead.
48:32 Yes, I said the secretary made a statement that the accused person was caught.
48:39 No, no, you have said that. We want the second matter. He said about the thieves.
48:43 The second matter is regarding the disturbances in court. It was when the lawyer for the accused
48:54 person was trying to cross-examine the key witness, that he started to ask certain questions
49:03 regarding drugs, whether there was a law in Ghana banning the sale of tramadol.
49:08 Actually, when they said drugs, it is basically tramadol, that issue that they are fighting here.
49:13 So when the counsel for the accused person started to ask these questions, their messages
49:18 were sent outside to the effect that accused was given the chance to cross.
49:23 They were asking questions that were not there.
49:26 So the people also started to make demands that the accused person should not have been
49:30 given the chance to explain himself according to what most of the people are wanting to
49:36 know what they witnessed in court.
49:38 Okay, Salad, thank you for calling in.
49:41 But what the general secretary of the JUSAG was saying is about information that he has received.
49:48 That was the effect that they presented the accused together with evidence.
49:54 I think the use of being caught and so on, maybe we are the ones who use that.
49:59 But please, from your point of view, it does appear that you have a certain belief that
50:08 drug sale, if it's not like narcotics, there is no crime.
50:16 Okay, that cannot be correct.
50:19 There is a reason there is registration and licensing for people who deal in pharmaceuticals and drugs.
50:28 So, well, we leave the matter for the court to look at.
50:33 We are looking at the bigger issue of the attacks on the court and why they should not be happening.
50:40 Now, so Sylvia, I visited my Criminal Offences Act, 1960 Act 29, section 223.
50:53 And it says, "Disturbance of court. Whoever with force, threat, or tumult hinders, interrupts,
51:04 or disturbs the proceedings of any court, or willfully and unlawfully with force, threat,
51:12 or tumult hinders any person from entering or quitting any court, or removes him therefrom,
51:23 or detains him therein, shall be guilty of a misdemeanor."
51:29 What can you tell people about this?
51:31 Well, I can tell people is that the law is clear on this.
51:35 What happened in Tamale is punishable by law.
51:38 So people should be careful the way they go about these things.
51:41 And I'll continue to say that we live in Ghana.
51:46 Somebody has a friend who is somebody's sister or somebody's brother.
51:49 If you lack knowledge in a particular area of the law or whatever subject,
51:53 go to the rightful people. They will educate you on what to do.
51:56 And we should be patient and disciplined about some of these things.
51:59 Because these 13 people, of course, have put themselves into trouble.
52:04 In the name of trying to just, I don't know what they were fighting for,
52:08 because you were able to arrest somebody. That alone should be enough.
52:11 Just hold your arms and allow the processes to follow through.
52:14 So I think that people ought to be a little bit careful or much more careful about the way.
52:19 And massing up at the court, making noise, that will disturb the proceedings of the court,
52:25 and issuing threats. I've read the section 2, section 223 of the Criminal Offences Act.
52:32 It's a crime and will be punished. What do you say?
52:36 I think that sometimes if people have frustration to vent out and they don't have an alternative,
52:45 they may find themselves within the grips of the law.
52:48 In the instance of what was happening in Tamale,
52:51 those who went to the court and felt justice was not going to be done,
52:55 they had several options available to them in accordance with the law.
53:00 They could have petitioned the IGP.
53:02 Quickly list their options.
53:04 They could have petitioned the IGP.
53:06 If they felt it was on their side of the court, we have the public complaints unit.
53:10 They could go to the regular public complaints to petition,
53:12 or the national director of public complaints, or even to the Chief Justice himself.
53:16 In case where they wanted to have citizen mass action,
53:19 they could have explored options in the Public Order Act,
53:22 and notified the police, pick a date and come and march on the street,
53:25 to let people know that they are not happy about the way the matter is being dealt with,
53:29 and they are simply against drug abuse.
53:32 They could have done that as a way of expressing their democratic rights
53:35 against the issues of drug and how the police were handling the matter.
53:39 Thank you very much.
53:41 My guests have been Xavier Koku Kuji,
53:44 who is the Public Relations Officer of the Ghana Bar Association.
53:49 Also, Abla Yacoub is General Secretary of the JUSAC,
53:55 that is the Judicial Service Staff Association of Ghana.
53:59 We have been discussing attacks, as in mob attacks, on the courts,
54:05 the impact on justice delivery, and as you said,
54:08 it could actually slow and affect the justice system in a lot of ways,
54:15 including the judges who are sitting there.
54:17 If they don't feel secure in what they have to do,
54:20 they clearly will be affected in the manner they proceed with their job.
54:26 We will find time to look at this in even more detail,
54:31 how some of these acts actually, directly, or indirectly affect justice delivery in Ghana.
54:39 But that will be some other time.
54:41 I'm Samson Ladi Ayanini.
54:42 This has been The Law. It is your legal light. It is your help law.
54:46 If you forgot anything, remember Section 223 of the Criminal Offences Act.
54:52 Messing up at a court, shouting, and disturbing the proceedings of the court
54:58 can lead to your arrest and prosecution.
55:03 That's on your screen.
55:05 Have a good afternoon. See you next week.
55:07 [Music]
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