The Judges and Magistrates Association has filed an official complaint at the General Legal Council against four lawyers about their assertions that some judges and other officers of the court are truly corrupt. In a communiqué signed by the Executive Council of the Association, the group expressed worry about increasing cases of what it says are unsubstantiated allegations of corruption against the Judiciary. It cited specific comments by four lawyers, Dr. Raymond Atuguba, David Annan, Abraham Amaliba and Larry Bimi. The four lawyers made the comments at a round-table discussion on the Judiciary and Ghana’s justice system in Accra, organized by the National Commission for Civic Education as part of its annual constitution week. Dr Atuguba said he could not be convinced that there is no corruption in the judiciary in Ghana. “Aside political interferences and what the chairman referred to as telephone justice, we also know about interferences from the private sector – private businesses and private individuals - and I have done several cases where the client will tell me, ‘lawyer let’s go and see the judge’ and when I say no then they are surprised and I’m almost certain that some of them went behind me and saw the judges because of what happened in court afterwards and the fact that they never mentioned the issue again after I said no. They just silently went back, paid the bribe and then you realise suddenly as the lawyer that the case is moving very fast and in the end you win so these are real things that make it difficult for you to oppose when you hear somebody saying that the system is corrupt,” he stated. Dr. Atuguba who is the Executive Secretary of the Constitution Review Commission, cited instances where bribes meant for one judge were mistakenly brought to a house where he lived and when he helped a judge he described as upright, to return some bribes. Dr Amaliba agreed with Dr Atuguba’s submission, stressing that “judicial corruption in Ghana is no longer a perception but a reality – the Chief Justice has alluded to this, judges themselves have also alluded to this.” “There is a perception which has gained currency that without a bribe, you cannot secure a favourable decision in court,” he added. The NCCE Chairman, Mr Larry Bimi and David Annan of the NDC legal team are said to have made similar comments published in various newspapers. But the judges say those who allege that judges are corrupt must provide proof. The statement issued by the judges said, “For a considerable period of time now, members of the judiciary have become increasingly disturbed by the growing spate of unsubstantiated allegations made against the judiciary, in general, by various legal practitioners.” It said while the judges and magistrates were not beyond criticism, “All we say is that such criticism should be merited or be capable of being justified. That is why we are asking for the criticisms to be investigated to give the critics the chance to substantiate or justify their criticisms.” The General Legal Council which is mandated to deal with the complaint, is the statutory body with the responsibility to discipline lawyers in the country when complaints have been made against them. Justifying the referral of the comments of the four lawyers to the General Legal Council, the Judges and Magistrates Association said, “If the critics can justify their assertions or substantiate them, the judges and magistrates involved will be known. Steps will then be taken to have them removed or appropriately sanctioned or prosecuted where necessary. This is the only way we can correct ourselves and bring the bad nuts in our midst to book or weed them out of the Judiciary.” The statement said on the other hand “if the critics making the allegations cannot substantiate them, it would mean that the allegations are false or based on rumours or in the figment of the imagination of the critics. Such critics could then be referred to as being irresponsible for making false allegations or peddling false rumours against judges and magistrates which they know would needlessly and unjustifiably result in the ruining of the reputation of members of the Bench.” Some magistrates and judges have even threatened not to sit on cases being conducted by the four lawyers. A law lecturer at the Kwame Nkrumah University of Science and Technology, Mr Earnest Kofi Abotsi said the sanctions that could be imposed on the lawyers will depend on the findings of the Disciplinary Committee of the General Legal Council. He said the Council is empowered to mete out disciplinary actions against the errant lawyers but could not remember the last time a grave decision as erasing the name of a lawyer from the roll of lawyers in the country was taken. Source: Joy News/Ghana