JOHN MAHAMA RECENT COMMENT ON THE JUDICIARY AND JUSTICE SYSTEM NOT A THREAT TO DEMOCRACY BUT A CAUTION TO DISCOURAGE PARTIALITY AND BREACH OF ARTICLE 296 OF THE 1992 CONSTITUTION, AB TELLS CRITIQUES
The recent comment made by His Excellency former president John Dramani Mahama on the partial and abuse of discretion by the justices of our various courts which has rendered us a very weak and poor justice delivery system in the country is not meant to threaten them nor our enviable democracy, the statement is a bona-fide caution meant to discouraged the wanton abuse of article of article 296(a)(b) of the 1992 constitution.
The article cited supra, provides that, where in this constitution or any other law discretionary power is vested in any person or authority,
(a) that discretionary power shall be deemed to imply a duty of fair and candid;
(b) the exercise of the discretionary power shall not be *arbitrary, capricious, or biased wither by resentment, prejudice or personal dislike and shall be in accordance with due process of law*
The dictates of the above provision of the constitution is so clear, unambiguous and very comprehensive, and it is an established public knowledge that, the current judiciary arm of government is grossly violating this provisions of the highest law of the nation, and a call from a former president for a stop to this can not in any way be a threat to democracy.
The conduct of the supreme Court judges presided by Jsc Anim Yeboah in the case of John Dramani Mahama vrs electoral commission and Nana Addo Dankwa Akuffo Addo raises so much suspicions and mistrust in the justice delivery system in the country and this is a bitter truth that must be said without any fear or favour.
A call by John Dramani Mahama to write a new chapter in our justice delivery system is a nationalistic and patriotic call that should be commended by all standard, the judiciary should not be a monster institution that should be shield for wrong doing.
President John Mahama is fully aware of the dictates of article 146 of the constitution 1992, which provides that a justice of the superior court or a chairman of the regional tribunal shall not be removed from office except of a stated *misbehaviour or incompetence or on grounds of inability to perform the functions of his office arising from infirmity of body or mind*
There’s no doubt in the mind of any reasonable Ghanaian today that, some justices at the supreme Court did not misbehaved during the presidential petition hearing between John Dramani Mahama Vrs electoral commission and Nana Addo Dankwa Akuffo Addo, the judges have misbehaved, and displayed gross incompetence, so former president Mahama who is a Ghanaian have every reason to call for the removal of these judges on the above cited grounds in the interest of the country and this can not be misconstrue to be a threat to democracy.
The real threat to our democracy is the way justice is being handled in the country, and it is time we call a spade a spade before things get out of hands, the judicial discretion granted judges ought to be exercise consciounably and without hatred and anything contrary to that must be resisted.
Former president Mahama as an ardent supporter and promoter of democracy will continue to play his role as a statesman to shape the democracy of this Republic, and I believe a call to clean the mess and mistrust in our judicial system and justice delivery is not out of order.
I therefore endorse the caution and add my voice that, Justice Anim Yeboah need to be changed for a better judiciary, he as the leader of that arm of government is very partial and unfair in his leadership at the bench.
Abraham Boafo, Oti regional deputy communication officer/ Deputy Regional Secretary Hopeful NDC
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