Head of Legal Team of the National Democratic Congress (NDC), Lawyer Abraham Amaliba explained that Judges have a way and power to manage their court but they cannot force a lawyer to cut their cross examination short while they are still in the process. It will be a chapatti of justice, but when they go for a CI and are able to do a week or two, it is classified as law.
In Article 64.3 of the constitution, they are to use the constitutional instrument to ensure that the procedure works. They can manage their own court but if a lawyer does not finish, they cannot force them to end but rather they will only ask the duration a lawyer needs to finish a case because they know they cannot force the lawyer.
The CI that they will go for will determine how the timeline for each activity should go, If the law gives a timeline through the CI to complete cross examination, the lawyer must prepare adequately so the law is respected.
Lawyer Amaliba has said with reference to Article 64.3, unless there is a constitutional instrument that can show procedures to be sent to court, however, 42 days is good for court proceedings unlike the last election in 2016 which lasted for eight months which was known to be too much. He said in Kenya, also had same issues in court about their election but they solved it in court without wasting much time.
The 42 days is good but they have to go for constitutional instrument to ensure they can show the timelines, what would be done weekly before the last week judgement. But without that, no one can force any lawyer that their time is up hence they should stop the cross examination while there are more questions to ask. The cross examination is to ensure all that is said is true but if there is a constitutional instrument which will allow or make everyone aware that will go on during court but without that, it will be difficult. He said
Supreme Court is also under the constitution; hence they cannot do anything the constitution does not allow them to do. They are not above the constitution.
With regards to amendment of the constitution of the special prosecutors, lawyer Amaliba says it is only the Attorney General who has the right to prosecute someone in Ghana, however, if the power is not given, one cannot prosecute.
He added that Ghana’s arrangement to fight corruption is not the best because to think the Attorney General is the only who can give prosecute, why didn’t he amend the constitution so as to give the Special Prosecutor also that power to be able to prosecute. He asked.
Finally, Lawyer Abraham Amaliba said the Special Prosecutor also has an educational background as the Attorney General, so he also has the same right to prosecute if he is given the power without interference. Because the constitution is not amended, that is why there is such problems but having to give permission before the special prosecutor can prosecute, that is a problem.
Written by Gadrey Philomena/greenfmonline.com