Kpebu says Kan-Dapaah’s comment on justice delivery is not wrong
Kan-Dapaah was wrongly interpreted to mean he was rebuking judges – Lawyer
‘If the interpretation of the law is titled’ people will lose confidence in the judiciary - Kan-Dapaah
Renowned lawyer, Martin Kpebu has said that comments by the National Security Minister, Albert Kan-Dapaah on the need for a judiciary that is viewed to be impartial, is not wrong.
According to the lawyer, the minister was only making a hypothetical statement which has been interpreted to mean that he was rebuking the judiciary for always ruling in favour of the government.
“Listing to and watching Mr. Kan-Dapaah, I think instantly I’m seeing a different angle to this debate. That is an example he is giving but what I read in the media and what I’m hearing it was made to appear that he was saying what the judges have done.
“You see he was saying 'if', so it is conditional. I think what I hearing around it is as if he’s totally concluded that all the judgments that were given, were unjustified, sought of, so the justice should distribute,” he said in an interview on JoyNews monitored by GhanaWeb.
Kpebu reiterated that the minister was only making a point saying that what the minister said: “is common knowledge that if such a thing (all ways ruling in favour of the government) happens certainly people will lose hope in the judiciary.”
At a meeting with members of the judiciary last week to discuss the role of the third arm of government in Ghana's national security architecture, Albert Kan-Dapaah mentioned the importance of a robust and fair judicial system in maintaining peace and stability in the country.
According to him, a strong judiciary is a pillar of the peace process because it will allow people to use the courts to seek justice instead of taking the laws into their own hands.
"If you are going to be able to address security challenges that we have, especially the domestic ones, we need to ensure that there is a judicial system that works. If you do not have a judicial system that works, many people will simply take the laws into their own hands and misbehave and do what they want," he said.
He said that in managing the security situation in the country, it is important that the judiciary is not perceived to be supporting the ruling government.
"If the interpretation of the law is tilted in our favour all the time, people will start accusing the judiciary and will not have the confidence that they need," he said.
Some members of the NPP, including former Attorney General Nii Ayikoi Otoo and the head of the New Patriotic Party (NPP) legal team, Frank Davis, have said that comments made by the Kan-Dapaah were wrong.
They argue that judges must administer justice without fear and favour, and their ruling should not be viewed to be tied to a political office.
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