Justice For The Poor Crucial - Prof Dankwa

Some of the dignitaries at the lecture included Professor Stephen Adei (2nd right), former Rector of GIMPA; Prof EVO Dankwa (3rd right), the main speaker and Sam Okudzeto (4th right) who chaired the forum

Professor Emmanuel Victor Oware Dankwa, one of the best legal brains in the country, has said those tasked to dispense justice must always strive to avoid the perception that they exist to serve only the well-off in society.

'The use of the application of the law that we have learnt, the oath of office that we have taken, the conscience that prick us to do what is right are the guides that bring justice in righteousness.' he said.

Professor Dankwa was speaking at the 11th in a series of public lectures organized by the William Ofori Atta Heritage to mark the late statesman's centenary celebration.

William Eugene Amoako Atta Ofori Atta aka Paa Willie (1910 – 1988) was one of the torch bearers (later called the Big Six in political parlance) in the struggle for independence for Ghana from the British.

Speaking on the topic 'Justice in righteousness', Prof. Dankwa said, 'Righteousness can help those who apply the law to enhance justice'.

Occasionally making references in the Holy Bible, Prof. Dankwa said judges should speak up for those who could not speak for themselves and judge fairly so that the underprivileged in society would have hope.

'Maintain justice in the courts. A judge who has taken bribe cannot give a fair and just decision. Righteousness should preclude a judge from subverting the law. The judicial oath that our judges take gives no room for bribes. If we all want righteousness in our courts then bribery must be avoided by our judges.'

He said the constitution can be stifled, strangled or subverted if there was no recourse to justice, adding, 'Judges wanting to pursue justice must not consider family, party affiliations, personal advancement or fear of the consequences of the true judgement.'

'Justice must be seen to emanate from the courts. Truth and justice must have the last word in the legal system.'

'Not inclining the ear in judging a matter is the fundamental principle of fairness in the traditional system of time immemorial.'

Prof. Dankwa said, '30 percent of our population is considered poor and a large portion of them live in the rural areas. It is expensive to access justice and it is a reason for the grant of legal aid under Article 294 of the constitution. Even though the legal aid scheme Act of 1997 is supposed to serve the needy, regrettably the comprehensive legal aid policy is yet to be developed.'

He noted that community mediation centres had been set up and as at 2008, the centres had increased to 26, meaning justice was getting closer to people in an inexpensive manner, adding, 'It is hoped that it will be extended throughout the country so that justice will be closer to all.'

Turning to conditions at prisons and other detention centres, Prof. Dankwa said the conditions must be humane for there to be justice in righteousness.

'For 12 years I was a leading member of the African Commission on Human and People's Rights and served for parts of that period as Vice Chair, Chair and Special Rapporteur on Prisons and Detention Centres in Africa on the commission, and therefore I have an insight into the harsh conditions of prisons on the continent'.

'Harsh conditions in the prisons do not lead to justice for all. The Justice for all Programme being undertaken is a step in the right direction.'

He cautioned lawmakers not to make laws that would bring hardships to the people, saying, 'Unjust legislation cannot make justice in righteousness. Parliamentarians must be sensitive to the laws that they pass. They must always consider righteousness in the laws that they pass.'

'Preventive Detention Act (PDA) introduced during the Nkrumah regimes was a notorious legislation, but that even as one condemns the PDA, righteousness should prevent us from engaging in terrorists' acts.'

He condemned what has come to be known as instant justice in the country, saying, 'Due process must be followed in determining the guilt of those who are suspect of committing crimes. Instant injustice has no place in a democratic dispensation and justice in righteousness does not allow for this.'

Prof. Dankwa eulogized Paa Willie, saying, 'His sense of humour none can match, not just the content but the manner of delivery. He believed in justice in righteousness and wished justice for all.'

By William Yaw Owusu