ModernGhanalogo

FEATURED: How Human Procreation By Sexual Means Came As Punishment For Sin (part...

body-container-line-1
11.04.2017 Feature Article

Judicial Activism Must Be Blamed For Delta Force Action Period.

Judicial Activism Must Be Blamed For Delta Force Action Period.
Listen to article

In the midst of atrocities, people often lose the sense of questioning why that occurred and are carried away by their emotions based on the gravity or severity of the situation. Many are those who have condemned the action of the Delta Force in their court rampage to free their colleagues after the sitting judge remanded them to TWO WEEKS prison custody which was very unnecessary in the first place.

Let me say for the records, that though I do not support what the Delta Force guys did, yet I can not equally condemn them for doing what they did considering the fact that, there was an over zealous judge sitting on the bench whose actions and judgment were over the board. For a judge to remand people who had earlier on reported themselves to the police to be arraigned before her court to two weeks protective custody on the grounds that they might run away was not only a wrong judgment, but very preposterous and spike of judicial activism. This judge was not prosecuting the case based on its own merit but based on her emotions and public outcry, and her desire to make examples of them which was wrong in the first place. If these guys would run away when granted bail, would they have reported themselves to the police in the first place? These are the sorts of things that bring mistrust in the judicial system. The judge was simply over prosecutorial in this case. The guys were no threat to public safety and were no longer a threat to the regional security apparatus after haven apologized for their actions and pledged to work with the new regional security boss, so what in the world was influencing this judge in her thinking to believe that, those guys needed to be protected in police custody for not 3 days but two weeks? why would a judge create a threat where there is none whatsoever? this is pure judicial activism and must equally be condemned.

The fact that judges have a lot of discretion in the exercise of their duties presupposes they are rational in their thinking and must not let their emotions take a better part of them in the exercise of the same duties. If this judge in the Delta Force saga is not an NDC activist who wanted to escalate a dying case by being so prejudicial and over prosecutorial of a simple political case before her, then I can not figure out what affected her judgment on that day. All peace loving people who have condemned the actions of Delta Force must equally condemn what necessitated their actions. "Injustice anywhere is a threat to justice everywhere" The boys suffered injustice in the highest order by the determination of a judicial activist and that must be equally condemned in no uncertain terms. In jurisprudence, even people who have committed mass murder have the right to fair trial and I do not think the judge in the case of the Delta Force gave them any such fair trial from the beginning.

I am warning the NPP party in this regard. If they neglect these boys who went to places which the NDC had designated "no go areas for any NPP member or activist" by defying all odds to go there and protected the party and its operatives, then they will not only be making a huge mistake but would have also began to write their own obituary that will consign them to opposition again come next election. We all remember how all forces, including those calling for the heads of these Delta Force guys, were Marshalled to release the montie 3 from jail only a year ago and trust me, if these Delta Force guys were NDC people under NDC government, they would never have been prosecuted in the first place.

All forces within the NPP must be brought to bear on whoever holds the power to free the boys after their remand period is over otherwise, if this activist judge is allowed to jail them, it would have far reaching consequences for the party. The party would be seen as haven thrown them under the bus and that would not go down well with the youth in the party.

Yes, we all agree that the boys made a mistake and must be punished for that, but in the same way that we all agree that a disturbing house fly must be pursued and killed, if a pursuant takes a sledge hammer to kill the disturbing house fly that has just perched on the wall and you don't take the hammer away from him, he may not only kill the fly, but would end up breaking the wall in the process. We need justice but justice must be dispensed fairly too.

Benjamin Opoku Agyepong
Benjamin Opoku Agyepong, © 2017

The author has 58 publications published on Modern Ghana.Column: BenjaminOpokuAgyepong

Disclaimer: "The views/contents expressed in this article are the sole responsibility of the author(s) and do not neccessarily reflect those of Modern Ghana. Modern Ghana will not be responsible or liable for any inaccurate or incorrect statements contained in this article."

Powered By Modern Ghana
body-container-line