Rev. Ezekiel Kofi Yesutor
- Age:47
- Hometown:Hohoe
- Location:Accra, Ghana
- Body Type:Slim
- Hair Color: Black
- Eye Color: Brown
- Height:106 cm
Judicial Bias and Brutum Fulmen Judgments in Ghana: A Law Review Perspective
Abstract
This article interrogates the phenomenon of judicial bias in Ghana, focusing on politically charged prosecutions of opposition figures. It explores the constitutional framework, statutory provisions, and case law, situating the concept of brutum fulmen—judgments that thunder loudly but lack substantive justice—within Ghanaian jurisprudence.
1. Introduction
The judiciary is constitutionally mandated to act as an impartial arbiter of justice. Yet, accusations of political bias have periodically surfaced, particularly when opposition figures face prosecution. In such cases, critics often describe certain rulings as brutum fulmen. This article examines the constitutional, statutory, and jurisprudential dimensions of such judgments.
2. The Concept of Brutum Fulmen
- Definition: A Latin phrase meaning “empty thunderbolt,” denoting a judgment that appears authoritative but is legally or morally void.
- Judicial Usage in Ghana: The Supreme Court has invoked the term to caution against rulings unsupported by evidence or proper legal reasoning.
3. Constitutional Framework
- Article 125(1), 1992 Constitution: Judicial power is vested in the courts, mandating independence.
- Article 296: Prohibits arbitrary exercise of discretionary power.
- Article 17: Guarantees equality before the law.
- Implication: Politically biased judgments contravene constitutional guarantees of fairness and impartiality.
4. Case Studies of Controversial Judgments
4.1 Chairman Wontumi Case (2026)
Convicted of illegal mining and sentenced to 20 years with hard labour. Critics argued the sentence was disproportionate under the Criminal Offences Act, 1960 (Act 29).
4.2 Ken Ofori-Atta & SML Scandal
Charged with corruption by the Office of the Special Prosecutor. A U.S. immigration judge dismissed the case as politically driven, undermining its credibility internationally.
4.3 Tsatsu Tsikata v. The Republic (2008)
Convicted of causing financial loss to the state, later pardoned. Widely criticized as politically motivated.
5. Jurisprudential Analysis
- Mensah v. Attorney-General [1996–97] SCGLR 1: Reinforced judicial independence.
- Republic v. High Court (Commercial Division), Accra; Ex parte Attorney-General (NML Capital Ltd Case) [2013]: Emphasized impartiality in politically sensitive matters.
- Inference: Judicial bias undermines both constitutional mandates and established jurisprudence.
6. Risks of Politicized Judgments
- Erosion of Trust: Citizens lose confidence in courts.
- Suppression of Opposition: Heavy sentences silence dissent.
- International Reputation: Foreign courts dismissing Ghanaian prosecutions as politically motivated damages credibility.
7. Conclusion
Judicial bias, whether real or perceived, undermines the rule of law. Brutum fulmen judgments pose grave dangers to Ghana's democracy. Strengthening judicial independence, enforcing proportional sentencing, and insulating courts from partisan influence are essential reforms.
References (OSCOLA Style)
- Constitution of the Republic of Ghana, 1992.
- Criminal Offences Act, 1960 (Act 29).
- Mensah v Attorney-General [1996–97] SCGLR 1.
- Republic v High Court (Commercial Division), Accra; Ex parte Attorney-General (NML Capital Ltd Case) [2013].
- Tsatsu Tsikata v The Republic (2008).
By Rev. E.K Yesutor-Kludze
A Birthday Tribute to Hon. Samuel Atta Akyea
Today, we celebrate the life of a man whose journey is marked not only by public service but by a deep and abiding love for God. No matter what the naysayers may say, you remain God's personal friend, walking faithfully in His light and grace.
"Blessed is the man who trusts in the Lord, whose confidence is in Him" (Jeremiah 17:7).
Your devotion to God is evident in your words, your work, and your witness. As you mark another year, may His promises continue to guide and strengthen you:
- “The Lord will fight for you; you need only to be still” (Exodus 14:14).
- “The steps of a good man are ordered by the Lord, and He delights in his way” (Psalm 37:23).
- “Surely goodness and mercy shall follow you all the days of your life” (Psalm 23:6).
Hon. Atta Akyea, may this new year bring you divine wisdom, renewed strength, and overflowing joy. May the Lord bless you richly, enlarge your territory, and cause His face to shine upon you always.
Happy Birthday, Hon. Samuel Atta Akyea!
You are cherished, celebrated, and covered by grace.
In Ghana, the principle “he who alleges must prove” is not just a moral maxim but a constitutional, statutory, judicial, and biblical mandate. The 1992 Constitution, Ghanaian case law, and Scripture all affirm that allegations without evidence undermine justice and truth.
Constitutional Backing
Article 2(1) of the 1992 Constitution: Any person alleging that an act or omission contravenes the Constitution must bring an action before the Supreme Court. This provision inherently requires proof, not mere assertion.
- Article 125(3): Judicial power rests with the courts, which demand evidence before granting relief.
Thus, the Constitution enshrines the burden of proof principle as a safeguard against baseless claims.
Statutory Law
Evidence Act, 1975 (NRCD 323), Section 11: Places the burden of producing evidence on the party who asserts a fact.
- Criminal Procedure Code, 1960 (Act 30): In criminal trials, the prosecution bears the burden of proving guilt beyond reasonable doubt.
- Civil Procedure Rules (C.I. 47): In civil matters, the plaintiff must prove the facts upon which his claim is based.
These statutes reinforce that allegations must be substantiated with credible proof.
Case Law
Tuffuor v. Attorney-General 1980] GLR 637: The Supreme Court emphasized that constitutional claims must be backed by evidence, not speculation.[
- J.H. Mensah v. Attorney-General [1996-97] SCGLR 320: Reaffirmed that courts cannot act on mere allegations; proof is indispensable.
- Republic v. Gyimah [1993-94] 2 GLR 451: The court held that unsubstantiated allegations cannot ground conviction or liability.
These precedents show that Ghanaian courts consistently demand proof to uphold justice.
Biblical Scriptures
- Exodus 20:16: “You shall not bear false witness against your neighbor.”
- Deuteronomy 19:16-19: False witnesses must face the same punishment they intended for the accused, underscoring the seriousness of substantiation.
- Proverbs 19:5: “A false witness will not go unpunished.”
- Matthew 26:59-60: Even Christ faced false testimony, highlighting the destructive power of baseless allegations.
The Bible aligns with Ghanaian law in condemning false accusations and demanding truth.
Conclusion
In Ghana today, the culture of making allegations without substantiation erodes justice, damages reputations, and undermines constitutional order. The 1992 Constitution, statutory law, case law, and biblical teachings all converge on one principle: he who alleges must prove. It is time society holds individuals accountable to this standard, ensuring that truth, not rumor, governs public discourse and judicial processes.
By Rev. E.K Yesutor-Kludze
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