Kan Dapaah’s justice delivery comments: Who has said what

National Security Minister advises judges against skewed judgements

Minister outlines effects of judgements on national security

Varied opinions expressed on minister’s caution to judges

Minister for National Security, Albert Kan-Dapaah has become the subject of a conversation currently ongoing in the public space following a comment he made about justice delivery in Ghana.

Addressing a meeting with some members of the judiciary last week, the national security minister outlined the implications of a skewed and inefficient justice system to the peace and stability of the country.

Emphasising on the need for a fair justice system, Mr Kan-Dapaah among other things cited the need for the judiciary to avoid validating a perception of being skewed in favour of the current government in its rulings.

“If the interpretation of the law is tilted in our favour all the time, people will start to accuse the judiciary and will not have the confidence that they need,” he stated.

His comment has since become a topic of discussion with various interpretations and misgivings expressed about same. There are also those who have assessed the minister’s comment as valid and premised on factual assumptions and facts.

Kan-Dapaah's comment about Supreme Court cautionary - Kwesi Aning

One of the first persons to defend the national security minister following his comment is Professor Kwesi Aning, a security analyst. He described Mr Kan-Dapaah’s statement as cautionary and not accusatory.

Speaking to Joy FM on Monday, April 11, 2022, Prof Aning urged the public to take the minister’s comment seriously noting that the import of the message was the national security implications of judiciary decisions.

“I think Mr. Kan-Dapaah’s cautionary note is not accusatory, and therein lies my usage of the word early warning, and I think he uses the word, tilt, in a particular sense.

"So, can there be situations where decisions are made which are perceived to be fair and neutral but still create this sense of it being titled?

"I think these discussions must bring the heavyweights like Kweku Azar who has written extensively about the performance of the apex court, Prof. Raymond Atuguba who has said and stated very clearly about the tilts of the courts, depending on who appointed them and certainly, Mr. Kwesi Prempeh, precisely because what Mr. Kan-Dapaah has said is to say that the dispensation with which decisions are made can create insecurities, and it is that cautionary note that we need to take seriously?” Prof Aning noted.

NPP ‘tackles’ Kan Dapaah over comments on judiciary rulings

The legal committee of the governing New Patriotic Party has taken exception to Mr Kan-Dapaah’s caution.

In an interview on Accra-based Joy FM, the Head of the party’s Legal Committee, Frank Davies stated that the comment by the National Security Minister was made out of context and is “a misplaced statement.”

Mr. Davies emphasized that judges administer justice without fear or favor thus rulings should not be viewed to be tied to the party in office.

“Justices or judges of our courts do not dispense justice in tandem with whichever political party holds the reins of government.

“So this business tilting interpretation in favour of ‘us’…who determines who has tilted the interpretation of the law?

“I simply do not think that it was made with that intention but I think that it was just a misplaced statement because you cannot determine what you have until the justices have determined and no client goes to court with a predetermined conviction that I’m going to win a particular case.

“You consult a lawyer and the lawyer tells you [that] your case is 60, 40 50, 70, 30 so we will manage it. But the ultimate decision lies with the judge. If the justices interpret the law in a certain way, just because one political power is in power, you don’t equate that to say that it will create a national security threat.

“So what? The judges are supposed to balance the equation? They gave 5 judgements in favor of the NPP and give another 5 to the NDC…it is not a sharing party,” Frank Davies maintained.

Seek legal advice next time - Ayikoi Otoo to Kan-Dapaah

One of the people who have criticized Mr Kan-Dapaah for his statement is a former Attorney General, Nii Ayikoi Otoo.

According to him, judges do not determine cases on party lines even though the perception of bias exists and that the Minister should have sought legal advice before making the statement.

To Ayikoi Otoo, judges give rulings based on law and not feelings and the National Security Minister would have said something different if he had spoken to a legal practitioner before mounting the platform at the programme.

“I’m sorry to say that, I don’t think he sought legal advice [before commenting] because the judges have taken an oath to do justice to all manner of persons without fear or favour, ill-will and affection.

“He was saying that if someone brings a bad case, the Supreme Court must give a decision to favour that person merely because every time ruling for you will make people feel there is something wrong?” he quizzed while speaking on Joy FM, Monday, April 11, 2022.

Kan Dapaah did not say judges should rule on party lines – Gbevlo-Lartey fumes at Ayikoi Otto

In response to the former Attorney General’s criticism of the National Security Minister’s comment, a former National Security Coordinator, Lieutenant Colonel (rtd) Larry Gbevlo-Lartey has tagged the statement by Nii Ayikoi Otoo as zealotry.

Commenting on the matter, Mr. Gbevlo-Lartey said the former Attorney–General would not have made such ‘zealous comments’ if he had also sought advice on the relationship between administration of justice and national security.

While admonishing Lawyer Ayikoi Otto, the retired military officer stressed that judges are fallible.

He observed that the unfair administration of justice has led to instability in other parts of the world.

He also tasked the lawyer to read the National Security Strategy (NSS) to better appreciate the perspective of the National Security Minister.

“If Ayikoi Otoo had just but sought advice on the linkage between the administration of justice and national stability, he would not have made such zealotry comments on what the Minister for National Security said during the sensitization of the Judiciary on the National Security Strategy of the country.

“He should go and read the National Security Strategy (NSS) and stop professing that judges are divine and infallible. They are not; and unfair administration of justice perceived or real, has led to serious national instability in many parts of our sub-region.

"That is a lesson our National Security Minister appears to be well aware of better than Ayikoi. The Minister did not say judges should rule on party lines,” he emphasized in a Facebook post.



Kan-Dapaah's caution to Judges correct and timely – Manasseh Azure

Investigative journalist, Manasseh Azure Awuni, has said that the caution given to judges by the National Security Minister Albert Kan-Dapaah is right.

According to Manasseh, even though the ministers’ statement might be politically wrong, his utterances were right and he made them at the right time.

“Albert Kan Dapaah's caution to the judiciary is not politically correct, but it is correct. And timely,” a tweet shared by the investigative journalist on April 12, 2022 read.

View his Timepath below: