In Ghana today, if you are a man who used to be an official of the erstwhile Kufuor administration and happens to be ‘careless’ enough to incur the wrath of the likes of Kwabena Adjei, Nii Lantey Vanderpuije, fooled-soldiers and the 10 regional chairmen of the NDC, pressure could be brought on the Attorney General to, even, charge you for ‘breaking’ the virginity of a very well-experienced female sex-worker!!!
Indeed, that is the extent of absurdity to which the NDC, under the leadership of Atta-Mills, a law professor, want to push the frontiers of Justice Delivery in our nation.
Samuel Okudzeto-Ablakwa and his ilk were impressing on Kojo Tsikata not to accept the 2008 National Award on the premise that, his cousin, Tsatsu Tsikata, had been jailed by a court of competent jurisdiction after a 5-year trial.
But today, NDC people are wailing and gnashing their teeth because the defense lawyers of Charles Wereko-Brobbey and Kojo Mpiani have managed to use a lacuna (legal loop-hole) to get them off the hook for now. Can these people tell me whether Tsatsu Tsikaka also did not use the same technicalities to delay his prosecution for close 6-years?
The Generals, including former Heads of State that were tied to the stakes and murdered, would have liked to have their day in court even if it was for just 5-minutes and not 5-years as Tsatsu Tsikata had.
The over 300 innocent citizens of Ghana who simply disappeared into thin air under the watch of these same ‘judicial-hunters’ would have liked to have their day in court. The high court judges, one of whom was a lactating mother at the time, who were abducted during curfew hours and callously murdered, under the sponsorship of the State during those darkest days in our nation’s history, would have liked to have their day in court.
These hypocrites, who have again resurfaced to demonstrate their thirst for the blood of Judges over NDC’s disastrous performances in the law courts, are the same people who constantly disturbed our peace with senseless street demonstrations, when Tsatsu Tsikata and the rest were jailed according to the laws of the land.
And for those who might not be familiar with what Justice Affreh said in his judgment on the quality grain trial, the following is what is contained in the judgment as pertains to the law on causing financial loss:
The essential elements of causing financial loss under sec. 179A (3) (a) are:
I .A financial loss;
ii.To the state;
iii.Caused through the action or omission of the accused; and
iv.That the accused
a)Intended or desired to cause the loss; or
b)Foresaw the loss as virtually certain and took an unjustifiable risk of it; or
c)Foresaw the laws as the probable consequence of his act and took an unreasonable risk of it; or
d)If he had used reasonable caution and observation it would have appeared to him that his act would probably cause or contribute to cause the loss
It is clear, from the above ingredients, that there is no ambiguity about this law and it is therefore inconceivable that someone could be found guilty under it, if the essential elements have not been established.
So, if you are charged and convicted under this law and you feel justice has not been done, you simply file an appeal to establish that you have not fallen foul of the essential elements of the law. And if you are successful, you walk away a free man.
No where in the law is it stated that one needs to benefit, financially, through his/her negligence in order to be found guilty under this law.But,Kwesi Pratt and his cohorts were constantly shouting that Tsatsu did not benefit,financially,from any of his actions so it was unjustified for Justice Affreh to have found him(Tsatsu)guilty.
Therefore, those who cocooned themselves in studios of radio stations, at the time, and just shouted themselves hoarse in defense of Mr.Tsatsu Tsikata needed to have revised their notes since they were not helping him in any way as far as the law is concerned. Unfortunately, because these people have been blinded by greed-induced sycophancy, this same scenario is playing out here once again.
Tarzan and Mpiani have been let-off by a court of competent jurisdiction. Now, is calling for the blood of Judges the lawful method to seek redress if one is not satisfied with the ruling? Oh! You stiff-necked NDC, when at-all will you ever depart from your bigoted vituperations and shameful ‘bugabuga’ ways?!!!
A good number of discussions that filled the airwaves, when Tsatsu was jailed, were all nothing but empty noise by this same group of individuals who are under the illusion of being the cradle of knowledge in all spheres of human endeavor.
Let kwabena Adjei and his cohorts, first purge themselves of their propensity for the blood of Judges and be analytical in their thinking. When this is done, then, they shall come to the point of realization that it is extremely dangerous to see senseless agitants speaking under the influence of all kinds of herbal-concoctions, as heroes and Judges carrying out their officially mandated duties prescribed by the law as villains, all in the name of dogmatic politicking and hatred for the rule of law.
Ghana definitely needs to be stopped from its current down-ward spiral into this hatred for judges by these lying and lawless social-democrats. This is because, we have had an incident in our nation where Judges were abducted and simply murdered for carrying out their official duties.
So for us to get value for our votes, genuine respect for rule of law and peaceful co-existence amongst the citizenry in 2013 and beyond, it is incumbent upon us, as responsible citizens, to elect a visionary government led by a competent and bold leader. But, not a deceitful group of highly efficient property-looting social-democratic-hyenas and ‘Judge-hunting-beasts’ led by a first class impotent, incompetent, visionless and a probable one-term timid flagbearer.
Here, I would like to advise the defense team of Messers Mpiani and Wereko-Brobbey to be calm and wait for Kwabena Adjei to finish ‘cleansing’ the judiciary. And when this is done, the Judges that will come out ‘clean’ will certainly be NDC-jaundiced.
The defense team of Mpiani and Wereko-Brobbey can then go ahead and question the impartiality of this product of Kwabena Adjei sieved Judges. This product of Kwabena Adjei can then also be subjected to Mpiani-Tarzan acid test by their legal team. When this is done, then equity would have been seen to have been done to both parties involved in this judicial cleansing nonsense by Kwabena Adjei and his cabal.
Your supporters were jailed by the courts when you were in opposition and you said they must be set free because the Judges were bias. Your opponents are being set free by these same courts while you are in government and you say they must be imprisoned because the Judges are, again, bias. This age-old senseless act of plain terrorism against the judiciary by the P(NDC) must stop!!! ‘Haaaba’!! ‘Yabre mo, aaddeeeen’?!!!!!
Indeed, when Kwabena Adjei made those reckless, subversive and fear-and-panic pronouncements, the people of Ghana were eagerly waiting to see Rose Atinga-Bio and her rapid squad to have rushed to the head-quarters of the NDC party where the press conference was held, and pick him up for his ‘personal-safety’ as was ‘appropriately’ done in the case of Nana Darkwa Baafi.But, as we speak, this has not been done.
If Ato Kwamena Dadzie (Joy-Fm and an Old Saint as myself), Enimil Ashon (Ghanaian Times), Justice Kweku Annan (formerly of The Informer) and Nana Darkwa Baafi (radio panelist) were all hurriedly dealt with by the police under the law of causing ‘financial’ fear and panic to the state, then someone out there please tell me why Kwabena Adjei is still walking on the streets of our beloved nation, a free man? Over to you, Rose Atinga-Bio (the arson-scare-monger)!!!!
Finally, I would like my cherished readers to please stay-tuned, in the coming weeks, for my verdict on the performance of the Ghana police service when it comes to dealing with matters involving political office holders as against the common man on the street. I am done for now!!
Justice Abeeku Newton-Offei
E-mail: justnoff@yahoo. com