When Could A Judge’s Verdict Be Obviously Said And Seen To Be Unfair?

Is there any need for posing this question at all? Yes, to the writer, there is. Anything that baffles you which demands public view to arriving at a conclusive answer is worth asking.

My write-up today, Friday, 16 February 2018, is centred on a question posed to the late Accra High Court Justice Agyepong by his late nephew Emmanuel Marfo (Kwame Nyame), both of blessed memory. It must be noted that Justice Agyepong, now a celebrated martyr, was unfortunately, if callously, murdered in cold blood by the Provisional National Defence Council (PNDC) military junta under then Head of State Flt. Lt. Jerry John Rawlings on 30 June 1982.

Not being precise, Kwame asked his uncle during a convivial conversation about his degrees and what it takes for one to become a judge. Justice Agyepong answered, some judges have gone abroad to study, acquired higher degrees yet they cannot deliver fair judgement. Simply put, higher paper qualifications are not a determinant to justifying how credible a judge is.

I am more interested in unravelling the enigma in the answer given. Why will a judge, say that some judges do not pronounce fair judgments? On what basis was his response formed?

To cue the public in why he was murdered in such a gruesome circumstance along with his other two colleagues and a retired Army Major Ackuah, he had been very honest dealing with a case brought before him subsequent upon which the guilty party never hesitated to use their newly-acquired political power when the opportunity offered itself to fatally requite him.

If my mind serves me right, had he not turned down an invitation by Rawlings to join his unconstitutional and murderous PNDC regime? Mr Rawlings is alive and he can volunteer an answer as truthfully as he can if he wants to be honest with himself.

How many of our current judges, some of whom are established through covert investigations conducted by ace investigative journalist Anas Aremeyaw Anas to accept goats, sheep, yams, cassava, cats, dogs, money etc. for bribes to twist justice can live the exemplary and emulative life led by Justice Agyepong and his colleague-Justices of the court that culminated in their untimely death?

Even in the face of the availability of abundant credible and permissible facts and evidence, some judges still have the shameless unethical attitudes to twist verdicts in favour of the publicly conspicuous otherwise guilty party. It is to these judges that Justice Agyepong from his informed knowledge might have made his remarkable response to his nephew.

A judge can have his doctoral degree in law but as long as he/she allows themselves to be induced by bribes and influenced by the supposedly powerful persons in society or their political persuasions, they can never deliver fair judgments hence will be guilty of the observations made by my Agona clan compatriot, the late Justice Agyepong.

To the public readers, do you have any better explanation to why the honourable Justice of the High Court said his responsive statement?

I have read somewhere how the Ghana Supreme Court Judges are furious and do disagree with one Law Professor Raymond Atuguba for asserting that from his research concluded from the study of one hundred cases the Supreme Court Judges decide cases or pronounce verdicts in line with their political affiliations. It is on Modernghana and headlined, “CJ, Supreme Court Justices Rubbish 'Insulting' Research On Judges' Partisan Interests” and under the web link:

https://www.modernghana.com/news/835483/cj-supreme-court-justices-rubbish-insulting-research-on-j.html

Although I reserve my personal views, my uncle Justice Agyepong by virtue of our Agona clan lineage, could not have been wrong with his claim as stated above.

Rockson Adofo