Minority Chief Whip, Governs Kwame Agbodza is fighting off criticisms that he acted irresponsibly when he took on former Chief Justice, Kwesi Aning-Yeboah.
Speaking during the debate to approve current chief Justice Gertrude Torkonoo, the Adaklu MP accused the former CJ of presiding over a Judiciary that engaged in several miscarriages of justice.
President of the Ghana Bar Association (GBA), Yaw Boafo has described the comments as irresponsible.
“I am hopeful that she will be a better Chief Justice than the person she is taking over from. Under the reign of the outgoing Chief Justice, the level of miscarriage of justice in this country reached a crescendo and must never be repeated. The former Chief Justice must know when he goes home that this miscarriage of justice rests on his chest.”
Speaking at an event to mark 41 years since the gruesome murder of three High Court Judges, GBA President, Yaw Acheampong Boafo said it was irresponsible for one to hide behind parliamentary immunity to make such comments.
“It is totally unacceptable for a member of the leadership of the minority in parliament, hiding ostensibly under the protection of parliamentary immunity granted by the 1992 constitution, in supporting the motion solely to unanimously approve the nomination of the current Chief Justice to launch an unwarranted attack on the person of the immediate Chief Justice describing such a colossus of a jurist in derogatory terms.
But speaking to JoyNews, Governs Kwame Agbodza described the GBA president as loose talk founded on nothing adding that "he is disconnected from the sentiments in the country."
"He doesn't understand the democracy we have and the processes in Parliament. I could say that he's disconnected from the sentiment in the country. It is true that under the stewardship of the former Chief Justice Justice Anin Yeboah, certain pronouncements of the courts have drawn the attention of the country."
"And by the way, you do not have to go to law school to understand that some of those rulings let me repeat, don't make sense, they lack clarity to the individual of this country. And I am a citizen of this country. I also have the right now because I'm a Member of Parliament, and I also took part in criticizing the meaning of some of those rulings."
The GBA President insisted that the statement was uncalled for especially when, in his view, the MP making the comment failed to substantiate the claims.
However, the Adaklu MP explained:
"I spoke specifically on the ruling of the Supreme Court on birth certificate where till today, I am sure the judges who sat on that case... many of them probably would have been reviewing why that they really make sense, in the sense that look, at the vetting the respected current Chief Justice suggested that a birth certificate is not a complete proof of your nationality. And I'm saying that she got it wrong. Because on the birth certificate, she even produce to Parliament during the vetting, which was procured in the year 2000, clearly stated - nationality; Ghanian. And I'm saying that when you fill a birth certificate form in this country, if your parents do not fill the form suggesting they are Ghanaians you will never get a certificate that suggests you are Ghanaian, so what she said at the committee was not appropriate. And if that is the basis of why the Supreme Court ruled that the certificate is not proof of nationality, then they got it wrong."
On the back of this, Mr Agbogya says he will not go back on his word especially when "all of these happened under Justice Anin."
"I stand by my word that under the stewardship of Justice Anin, in fact, I haven't met him personally, certain rulings of the court were so problematic, and that shouldn't have happened. The Gyakye Quayson case is one and that the birth certificate is one. You don't have to go to law school to understand certain things don't make sense so he can sit at the comfort of his law firm or anywhere and say anything, but that doesn't change the fact that the bulk of the people in this country believe that at least those two cases, the rulings were inappropriate," he added on Friday, June 30.
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