Ghana's Rule-Of-Law Could Do Better

I worry about laws in Ghana. From their enactment by Parliamentarians through their enforcement, prosecution to their sentencing. A rule-of-law governance can and should do better. As at now, my perception of it is more that Ghanaians are made for the law whereas it should appropriately be the other way round.

From its very foundation at the election of parliamentarians, the law is dealt a big blow by the way their election is virtually on the basis of the "highest bidder." If parliamentarians buy their way to parliament, how committed will they be in the making of the laws which is their core mandate.

After elections, the parliamentarians fail Ghanaians by their failure or reluctance to connect with their constituencies for inputs in lawmaking and feedback afterwards. The usual practice if they visit is to attend to the needs of their party members after touring ostensibly for project inspection laced with campaign promises.

Attendance to parliamentary sittings has been below expectation, something the Speakers over the years have been complained about openly even as they attempt defending with claims of committee meetings. Would they complain if those meetings were happening and were time-appropriate. It is also an open secret that a number of them have been granted permission to continue with their private business or attend school etc. The lackadaisical attitude for parliamentary sittings and exclusion of the public contributions degrade the "government by the people" aspect in the definition of Democracy.

Then comes the dissemination/accessibility of the enacted laws to the general public who need it as much as if not more than the lawyers. Our poor reading habit makes their gazetting so far inadequate, more so when the English language used is not a preferred medium at the grassroots.

Our Commission for Civic Education that could have interpreted to localize the laws has not been effective in their delivery so far, for alleged underfunding. The "foreign" perception of our laws (because of its language) and adequate interest in it is further made worse by the undercurrent of various diverse traditional laws that appear to compete with the orthodox ones.

The enforcement of the laws, which fall directly on the doorstep of the police. Our police service have over the years been permitted to corrupt the system with their initial roadside "collection/chop money," debt collection to the more serious ones now as leading armed robbery. So the laws are distorted and sold to criminals in addition to needless delays even before prosecution in court. In situations where witnesses are crucial in a case they are apprehensive of coming out because of the mistrust of the police.

At the courts where the laws are interpreted and prosecuted the challenges are more an extension of the aforementioned problems, such as corruption by some judiciary officers and some judges. Other problems emanate from the delays in prosecution. The practising lawyers are not many so they take many cases at a time and obviously make litigants suffer. Some can even sell the case to the obvious "loser" and frustrate the "winner" with incessant adjournments till eventual boycott by litigant.

At the prisons, from the stories of pardoned convicts etc, the living conditions are poor generally. In some reported situations the neglect in the upkeep of the prisoners can be described as wicked or frankly speaking almost criminal. Eventually, the correctional element consideration in prison life is downplayed and ex-convicts are released back into society as more hardened criminals than reformed.

For a young democracy, Ghana has not done badly though, but there is still more to learn and do. If (after tasting all forms of government since independence) we do not give up, a little effort will push us into a well-understood, well-participated genuine rule-of-law democracy for development.