If you thought I would be talking about the upcoming referendum, you got it wrong. I have said I am not on a campaign. I am excited about what I have provoked and the mass support that may result in a cancellation of the referendum or secure an emphatic “NO” vote on December 17. I applaud the National Commission on Civic Education (NCCE) for joining to educate and correct the deception. I commend the decision of the National Democratic Congress (NDC), National House of Chiefs, OneGhana Movement and the many other organisations and individuals pushing #IvoteNo4Gh in the best national interest. Read my many reasons for a “NO” vote. (Samson’s Take: In defence of Article 55(3) – vote “NO”)

Here is My Take today.

One of the first lessons a law student is introduced to is the rational including the natural and positive purposes of the law. It is obvious that citizens will take the law into their hands if those paid to enforce it neglect their duty. This is the excuse by Ghana’s Traders Association (GUTA) for locking up shops of foreigners engaged in retail trade in flagrant violation of the law. The mostly Nigerian traders seem to dominate the vehicle spare parts and electrical materials retail market in the country despite the law prohibiting the act and preserving retail trade for locals only. Authorities over the years have only enforced the law in rhetoric and threats by warning notices.  The unlawful actions of GUTA have repeatedly expectedly resulted in dangerous confrontations, loss and destruction of shops and their contents.

The local traders consistently justify their conduct blaming local authorities, police, the Ghana Investment Promotion Council, the trade ministry and government of inaction. Their leaders have spoken about how they have become fed up with empty promises to crack the whip. I tell them they can only lock up those shops by the express orders of a court, and they reply that they do not have the time and money to waste going to court to ventilate their grievances. Yes, corrupt police officers will accept bribes from the violating foreign traders, the courts may take forever coming to the obvious verdict to uphold the law, but these fears and the inaction of government, still does not justify the unlawful conduct of the local traders.

Cases have taken 20 odd years and I have referred to a simple family land dispute that took some 40 years to conclude. Then Chief Justice Georgina Wood was compelled to describe this as “a parody of justice.” But I have commenced and finished a property litigation within six months in these same courts. I have concluded an important election dispute case in two weeks in these same courts. What makes the difference is the judge. Justice Anthony Yeboah who passed only a couple of weeks ago managed a court where lawyers and litigants were assured of procuring copies of court proceedings and judgments within a day or two of the events.  But within the same high court complex people chase these and other basic services doable within minutes for weeks and months.

The point I am driving at is simply that sometimes the excuses we get for poor service, undue delays and complete non-performance by those paid to perform these services in the public/civil service is not only untenable but can breed lawlessness.

The story about public/civil service must change. It just may take an individual decision and determination.

Samson Lardy ANYENINI

November 16, 2019