Accra Mail (Accra)

Ghana: I Don't Feel Safe

"I have felt insulted, scandalized, and indeed bastardized all in the name of the AG's office to play politics with the bench in general and with me in particular.

I am no politician. I am a judge and have taken an oath to dispense justice to all manner of persons irrespective of whatever.

"I will only plead in the name of the Almighty God that they stop these useless propaganda against the bench and get their act together as professional lawyers instead of appearing to be political stooges.

"I have gone through very low moments because of these unsubstantiated accusations but I console myself in the fact that the legal fraternity, who are better placed to assess me, do not regard me as bad and irresponsible alcoholic judge as Barton-Oduro and his party wanted the Ghanaian public to believe."

These were the words of Justice Anthony Oppong, the High Court judge who was trying 15 people suspected of killing Ya Na Yakubu Andani II, overlord of Dagbon, before he stepped down from the case.

He stated yesterday that he did not feel safe enough to continue sitting on the trial.

"I must quickly put it on record that in view of what is happening in this country, particularly the threats of the National Democratic Congress (NDC) chairman, I do not feel safe at all in handling this case.

I will not take anything for granted because this country has a history. In the circumstances, I will invoke Section 104 of the Court's Act, 1993, Act 459 and crave the indulgence of Her Ladyship the Chief Justice, in all humility and with the greatest respect, to transfer this case from this court."

Justice Oppong gave the shocking ruling at the Fast Track High Court Four in Accra when the 15 suspects standing trial appeared before him.

On August 16, 2010, when full trial started, Rexford Wiredu, a Principal State Attorney prosecuting, dropped a bombshell by claiming that the Attorney General and Minister of Justice, Betty Mould-Iddrisu, intended to object to the judge handling the case on the grounds of bias.

The judge then asked the Attorney General's Department to formalize the application by pointing out the bias they (AG) were claiming and adjourned the case to yesterday August 23, 2010 for the motion to be moved.

However, before the motion could be heard, the Deputy Attorney General, Ebo Barton-Oduro, was said to have granted a radio interview and accused Justice Oppong of being a drunkard and making prejudicial comments about the case at a drinking bar and that a woman had told him of the incident.

Declining to sit on the case, Justice Oppong said Â"for the ten years that I have been privileged to sit on the Ghanaian bench, the past few days, since August 19, 2010, have proved to be the lowest moments for me."

He stated, Â"I have been confronted with the weirdest and unmeritorious application by no other personality than the Attorney-General."

The judge said Mr. Barton-Oduro had accused him of being "a drunkardÂ" and being "irresponsible enough to have gone to a drinking bar and under the influence of alcohol, made prejudicial comments about this case."

"I vehemently deny this. I have never been to a drinking bar and made any comments whatsoever on this Ya Na's murder case. I challenge Mr. Barton-Oduro to substantiate or render unqualified apology to me for running me that down."

He said the impression being created that the Ya Na murder trial is an NDC case "is devoid of substance", explaining "in any event, the AG's office is not an appendage of the NDC.

The AG, Deputy AG, all the lawyers in the office are not workers or staff of the NDC. They are on the payroll of the Republic of Ghana and not the NDC."

Justice Oppong, who seemed disturbed by the turn-out of events, advised that lawyers at the AG's office must first and foremost see themselves as professionals and not party functionaries, saying "they are there to make their expertise and knowledge in the law available in the supreme interest of the Republic of Ghana."

He said since the Ya Na suffered an unnatural death and some people have been accused of killing him, there was no need to play politics with the case, adding "the AG's duty is to bring cogent and convincing evidence that is capable of convincing the jury to return a verdict of guilty."

He noted "this is a jury trial and it is not the judge who will pronounce these accused persons guilty. It is the jury that will do this so why should anyone accuse me of bias.


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