Among The Corrupt, Liberty And Justice Cannot Exist

The statement above is taken, with modification, from the writings of my favourite 18th century British politician, Edmund Burke.

Corruption exists in the countries of those who preach to us that our development is stunted because of corruption.
Our problem is not corruption itself but the general acceptance of it as a way of life.

Burke is warning us that if we all become corrupt and accept corruption as normal, then our very liberty will be eroded and true justice will disappear.

The problem with corruption in Ghana is not its high incidence but failure to deal with it by those whose duty it is to do so.

Very often when evidence is adduced, those who should take action do nothing or try to cover things up because they believe that what has been unearthed casts a shadow on their organisation or administration.

I was, therefore, glad when our new Chief Justice took a mature, intellectual stance over the findings of the recent study on judicial corruption in Ghana.

The study, undertaken by the Ghana Integrity Initiative, found that corruption in the courts, including the Judiciary, was not merely one of perception but real.

It occurred “with frightening regularity within the Judiciary”. Many Ghanaian leaders would try to find fault with such a study about the organisation they head and defend the integrity of their staff and office.

We are fortunate to have a custodian of justice in Ghana big enough to face squarely what the searchlight reveals in the Third Estate of the Realm.

The Chief Justice intimated that she would institute appropriate measures to deal with the lapses which had been revealed.

I was particularly interested in the proposed appointment of some Appeal Court judges to oversee work in the various regions of the country.

I wonder how that would work in modern-day Ghana. Something similar took place in colonial times and it did help.

It was intriguing to read the comments of Chief Justice Harragin on cases before the magistrate at Koforidua.
A kinsman of mine was registrar at Koforidua in the early forties and he allowed me to read the comments when I became bored after teaching at New Juaben Grammar School under Clarence Sarkodee-Addo.

I found one comment particularly refreshing. It was rumoured that some of the policemen had taken bribes and the magistrate was in collusion.

If the bribe was not paid, the person was charged before the magistrate. When the bribe was paid, the case was withdrawn and the magistrate released the accused.

The Chief Justice became suspicious and asked the magistrate not to allow the courts to even appear to aid corruption.

The population of the country was small then and the courts were not many. Central oversight was, therefore, not difficult.

The Chief Justice of today has a much harder task. But what is important is that the problems are acknowledged and efforts are being made to deal with them.

It will not be easy to deal with many of the malpractice revealed by the study. Many have been in existence for years. My own experience of them makes me avoid the courts like a plague.

My major shock occurred when a friend who was in England gave me power of attorney to act for her in a dispute over the will of her father who had been dead for 50 years and whose property had been distributed as he wished.

The case came before a judge I knew well. It dragged on but it was eventually completed. One year passed and no judgement was given. I protested personally to Chief Justice E. N. P. Sowah, who was embarrassed.

Still no judgement was delivered. My friend died and justice eluded her. I used to read the London Times Law Reports for enlightenment and relaxation.

The English was so good and the language well crafted that even I could understand the intricate law problems unravelled.

I developed a great respect for judges and learned lawyers. I found many similar judges in Ghana. But strangely enough, I found the pronouncements and practices of some of our courts bewildering.

I hope I am not committing contempt of court if I give another example. I am very conversant with the affairs of Achimota College and School, having been a student, staff member and member of both the old autonomous College Council in 1954 and the latter Board of Governors.

I can testify that the government acquired and paid for the land on which the school and college was built.
Today, some persons are claiming ownership of part of the land and are even building on this part.

But there is a plan of the area acquired by the government.
Why should the courts find it difficult to look at the plan and its demarcation submitted by the school's lawyers and state boldly that the latter-day claimants have no case?

Following such a declaration, those who build on Achimota School lands would be dealt with accordingly. What is happening to Achimota School lands is bizarre. Edmund Burke was right.

It is held as an article of faith that ignorance of the law is no plea. This presupposes that the ordinary person is capable of discerning the right from the wrong.

In cases of doubt in the present complicated world the citizen should have the inkling to approach a lawyer when necessary.

But more important, the legal system should make sense to the ordinary man or woman and the pronouncements of the courts should receive public appropriation and not cause bewilderment.

With the incidence of corruption as it is in the Ghanaian society today, the courts and the legal system have a very difficult task.

Corruption cannot be allowed to be generally accepted. It should be frowned upon. It should be contained. It flourishes and we lose the freedom and justice which mature civilised human beings cherish.

Fortunately, we have a Chief Justice who is not sweeping the cobwebs under the carpet. We wish her well. We should support her in concrete terms because without our passionate involvement, corruption cannot be chained.