"I am not anti media, but an advocate of the poor – Chief Justice
Chief Justices unhappy about repeal of Libel law
In an exclusive interview with "The Statesman" in his private chambers at the Supreme Court on Monday, the Acting Chief Justice, E.K. Wiredu, categorically stated that contrary to the "Daily Graphic" report, "I did not say that I was not in favour of the repeal of the Criminal Libel Law"".
Drumming home the point, he repeated that "I used the word 'regret'. I said that I regret that the criminal libel law had been repealed and because no mechanism had been put in its place, it was therefore, subject to abuse".
In light of media reaction to his stance on the repeal of the law, Justice Wiredu assured the media in particular, that the issue is not whether he regrets the change in the law or not. "A judge's cardinal duty is to enforce the law as he finds it and not as he would like the law to be".
Although the Supreme Court held in the then leading case, 'Republic vrs Tommy Thompson', that the Criminal Libel Law was not inconsistent with the Fourth Republic Constitution, that case has now lost its authority, owing to the subsequent repeal, and will no more be followed by the law courts in Ghana.
The Acting Chief Justice is however, of the opinion that the imprisonment sentence provisions in the old law helped to make media practitioners to be circumspective and responsible. According to him, under the current law, a defendant in a libel case would only risk going to jail after deliberately refusing to pay damages when he or she has the capacity to do so.
He expressed fears that civil libel laws alone may not be enough to protect innocent members of the public from being defamed. "There are those who simply do not want to go to court; there are others who can't afford the cost of litigation. Even if one can afford it and the other person liable for libel cannot afford to pay the damages awarded by the courts, then one ends up with a hollow victory".
Justice Wiredu described the stand of the National Media Commission (NMC) as "impotent" and said that the NMC must be empowered by legislation to sanction media practitioners who fall out of line.
Returning to Article 164 of the constitution, which provides for the enactment of laws to protect the reputations, rights and freedoms of other persons, among others, Justice Wiredu suggested that the Media Commission "which currently has no teeth", can be empowered to suspend errand newspapers, for instance.
The Acting Chief Justice is all for press freedom, he said, but the press must, in turn, exercise the responsibility well. He however, expressed regrets that provisions of Article 162(6), which oblige publishers to publish a rejoinder is not being observed properly. "It cannot be right that an editor relegates a rejoinder in an obscure corner of an inside page, after printing a falsity with a bold headline".
Justice Wiredu would like to see the seditious libel law repealed also. He thinks that it does not have a place in today's democracy, explaining that it is a "colonial heritage" which was kept to consolidate Nkrumah's one-prty state. Since only a state can suffer sedition and a state is not a legal person to be libelled against, there is no reason why the seditious libel law should still exist, the eminent jurist argued.
On the proposal to abolish the tribunal system, he expressed full support for the Attorney-General and Minister of Justice and said he would like to see the old magistrates' courts brought back to place the tribunals in the various communities, without necessarily effecting a reduction in the numbers.
Beside the charges of delays in the dispensation of justice and high administrative costs, Justice Wiredu noted that the procedure of appointing the panel members made the tribunal system vulnerable to political influence.
On the Fast Track Court System, the Acting Chief Justice said he could understand the frustration aired by some members of the public who expected it to make court proceedings much quicker than it has so far been.
According to Justice Wiredu, the Fast Track Courts have been hampered by the old rules, which allow a party to a case 21 days to file an interlocutory application. He said that the court procedures need to be changed in order to expedite cases. He hails reforms taking place in the judiciary as most welcome and long over due.
Appointed to the Supreme Court in 1990, the 67-year old judge would retire after three years in office. Justice Wiredu is yet to be confirmed by Parliament as Chief Justice, but an MP, who refuses to be named, thinks that his appointment will be a mere formality, due to the short term that he will be at the helm. - Evening News
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Accra (Greater Accra) 06 October 2001 - Justice Edward Kwame Wiredu, Acting Chief Justice, on Friday said his recent comments on the Criminal Libel Law were to remind the government and the Ghana Journalists Association (GJA) to institute mechanisms to cater for the defamed poor who cannot afford legal costs.
Speaking at an Enrolment Ceremony in Accra for 97 lawyers, Mr Justice Wiredu said with the repeal of the Law, it is
important to give the National Media Commission the power to offer satisfactory redress to victims of defamation who cannot pursue civil action and sanction offenders when it becomes necessary.
He said: "Recent events have given the impression that I am against the media and further that there are problems between the Attorney-General and myself. "Both impressions are false and inaccurate. My relations with the Attorney-General are excellent and we enjoy very cordial working relations."
Mr Justice Wiredu asked the public, including the new lawyers, to note that judges have taken oaths and have been trained to apply the law "as they find it and not as they would like it to be".
In remarks at the annual meeting of the Ghana Bar Association at Sunyani last Monday Justice Wiredu questioned the justification for the repeal of the criminal libel law, saying it had only given undue liberties to journalists and some members of the public to peddle falsehood.
The remarks have attracted a lot of criticisms in the media, with some labelling him as "anti-media".
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Sunyani (Brong Ahafo) 02 October 2001 - Mr Justice E.K. Wiredu, Acting Chief Justice on Monday questioned the justification for the repeal of the criminal libel law, saying it has only given undue liberties to journalists and some members of the public to peddle falsehood.
He said personally, he has always favoured the expunction of the law of sedition and not the criminal libel law "whose repeal has made it easier for the media to publish falsehood and rendered the process of seeking redress for defamation difficult and expensive".
Mr Justice Wiredu made these remarks in Sunyani at the opening of the 2000/2001 annual national conference of the Ghana Bar Association (GBA). The three-day conference is under the theme: "Corruption, the rule of law and the administration of justice".
Mr Justice Wiredu, who did not hide his dissatisfaction about the performance of a section of the media, questioned the fairness of an aggrieved person's rejoinder to a front-page story being placed in the inside pages of a newspaper.
He said the damage caused by the front-page story could never be repaired by a rejoinder that is placed in an obscure corner in an inside page.
He suggested to the GBA to draw up a training programme for journalists to enable them to report properly on legal issues. "Journalists in the country think they are better placed to interpret the constitution and comment on legal issues but this is wrong and they should be educated to appreciate the law especially its due process and court reporting".
Mr Justice Wiredu reiterated his determination to insulate the judiciary from undue interference, stressing that "not even the government will be allowed to dictate to us".
He admitted that the judiciary is ridden with corruption, which he described as stinking and appealed to members of the public and the GBA who know about corrupt practices of Judges and court officials to expose them for action.
"I am not going to countenance any trait of corruption as indicated by the recent dismissal of 43 judicial workers but I cannot succeed if people with evidence do not come forward."
Mr Justice Wiredu described the fast track courts as highly successful and announced plans to build six more in Accra and Tema and one each for the regional capitals.
In a speech that attracted a standing ovation, Nana Addo Dankwa Akufo-Addo, Attorney-General and Minister of Justice, touched on a number of issues affecting the administration of justice and stressed the government's intention to abolish the tribunal system.
"A new bill will soon be placed before parliament to amend the courts act of 1993 to abolish the tribunal system, which has been an abysmal and expensive failure and contributed massively to the deep-seated corruption in our judicial system".
Nana Akufo-Addo said this year alone, allowances for panel members of the tribunals would amount to 3.4 billion cedis, a sum that could be used to improve the operations of the regular courts for better results.
He said the government was committed to the elimination of corruption, consolidation of the rule of law and democracy and called for the support of the bar in this direction
Nana Akufo-Addo denied that the fast track court system was introduced "to rail-load former NDC functionaries into jail", explaining that of the more than 100 cases before it, only three could be given a political tag of some sort.
He announced a comprehensive programme to overhaul the judicial system in terms of court proceedings, mechanisation and provision of infrastructure as well as improvement in conditions of service including that of staff of the Attorney General.
Nana Akufo-Addo said to ensure effective and timely trial of armed robbery cases the government has given approval for their prosecution before the fast track courts.
Mr Ebow Quashie, out-going President of the GBA, in a sharp contrast to remarks made by the Chief Justice, praised the government for repealing the criminal libel law, which he said was inconsistent with the 1992 constitution.
Mr Quarshie condemned lawyers who collude with clients to undermine the administration of justice and said they would have no moral grounds to question others who misconduct themselves.
Mr Ernest Debrah, Brong Ahafo Regional Minister, said corruption in the society can effectively be checked when the political leadership of the country exhibits the will to ensure that political appointees lead exemplary lives.
He mentioned improvement of the public financial management system, strengthening state institutions and improving operational capabilities of oversight bodies as well as involving civil society in anti-corruption activities as other measures to control corruption.
Mr Debrah called on the Bar and the Bench to co-operate to erase the perception of a section of the public that the Fast Track Court is rather a "snail track court".
Nana Kwadwo Nyarko III, President of Brong Ahafo Regional House of Chiefs said inadequate remuneration for administrators of justice, law enforcement agents and workers in general has been the cause of corruption and this, he added, must be addressed by the government.
In fraternal message on behalf of Ghana Journalists Association (GJA), Mr Victor Leonard Amengor, Regional Chairman of the Association, praised the GBA for being in the forefront "since time immemorial" of the fight against "politically bankrupt" regimes.
The present democratically elected government is the result of that meritorious service of the association to the state, he added.
Three distinguished members of the association were honoured for their contributions to the growth of the legal profession in Ghana.
They are Mr Joseph Kwasi Agyemang, a past President of the Association, Mr Seth Bimpong Buta, Director of Legal Education and currently on secondment to the Gambia government as Editor of the Gambia Law Reports under the Commonwealth Technical Assistance programme and Mr S. Kwami Tetteh, a private legal practitioner.
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Sunyani (Brong Ahafo) 03 October 2001 - Nana Addo Dankwa Akuffo-Addo, Attorney-General and Minister of Justice said on Tuesday that the government has not regretted repealing the criminal libel law as its existence was unconstitutional and inimical to free speech.
He said the Acting Chief Justice, Mr Justice E.K. Wiredu’s statement that the repeal was unjustified, was an expression of his personal opinion that is not shared by the government.
Nana Akuffo-Addo was answering a wide range of questions in an interview on Sunyani-based radio "Sky FM" on some pertinent issues raised at the opening of the National Conference of the Ghana Bar Association currently underway at Sunyani.
The Acting Chief Justice caused a stir at the opening ceremony on Monday in the presence of notable legal authorities including Nana Akuffo-Addo when he questioned the justification in the repeal of the law.
Justice Wiredu said the law of sedition should rather be repealed, not the criminal libel law because, "it has given journalists the chance to publish (rubbish)".
Nana Akufo-Addo said there were strong and compelling reasons for the repeal of the criminal law from the statute books.
He said civil society groups and members of both sides of the political divide in Parliament supported the repeal of the law, explaining that "the laws were counter-productive and that was why respected bodies such as the Ghana Journalist Association, the Ghana Bar association, CHRAJ, the TUC and religious bodies joined in the fight for the repeal of the law".
He, however, declined to comment on whether the government, which initiated the repeal of the law was going to take a serious view of the Chief Justice's remarks or not.
Asked whether Mr Justice Wiredu's statement will affect his chances of getting confirmed as Chief Justice, Nana Akufo-Addo said the decision lies in the hands of Parliament.
"It is only Parliament that has the constitutional duty to approve his nomination or otherwise," he said. - Daily Graphic
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Accra (Greater Accra) 03 October 2001 - President John Agyekum Kufuor on Tuesday said the repeal of the Criminal Libel Law was a benchmark of proper democratic, liberal and social evolution in the country.
He said the law was introduced by the colonial rulers to ensure that state authority was not challenged, adding: "Our government, which believes in the rule of law, human rights and freedom of speech, had to repeal it for the benefit of society."
President Kufuor said this when a five-man delegation from the National Executive Committee of the Ghana Journalists Association (GJA) paid a courtesy call on him at the Castle, Osu, to show appreciation to the government for releasing a building for the association's permanent secretariat.
He said the repeal of the law was not to condone loose talk but to ensure that people, who hold office, were responsible and anyone who benefited from its repeal would appreciate it.
President Kufuor said with the repeal of the law the government was counting on media practitioners not to indulge in publications that would undermine the state or create an opportunity for evil forces to operate.
"The government, mass media and civil society would have to relate favourably in order that no one would take the country for a ride to enable us build a country in which democracy would thrive", President Kufuor said.
President Kufuor expressed appreciation to the association for its concern about the government's efforts at upholding human rights and freedom of expression as enshrined in the 1992 Constitution.
He said the government's gesture was a result of the lack of physical infrastructure for the association to function properly and expressed the hope that the building would help strengthen the media to play its role as the Fourth Estate of the Realm.
"We would continue to support you to perform well and grow with a sense of responsibility for Ghana", the President said.
Miss Elizabeth Ohene, Minister of Media Relations, said the sentiments being expressed by some members of the judiciary with regard to the repeal of the Criminal Libel Law was a reflection of some of the anxieties in the society and asked journalists to handle the freedom of speech with much circumspection.
She said the government has demonstrated its confidence in the media in its role of nurturing democracy and it was the responsibility of journalists to return the confidence by ensuring that the repeal of the law made a positive impact on society so that other repressive laws in the statute books could be expunged.
Mrs Gifty Affienyi-Dadzie, President of the GJA, commended the government for initiating the repeal of the Criminal Libel Law, which she said had changed the media landscape.
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