Hon Jerry Ahmed Shaib
Weija-Gbawe
Mr Speaker, I have this Statement that was supposed to have been delivered yesterday, but I still believe that, within the period, it is still an important Statement.
Mr Speaker, I rise today to make a Statement in recognition of the International Day of Justice which was observed globally yesterday, 17th July, under the theme, ‘‘Accountability and Respect for Law’’.
Mr Speaker, this year marks the 27th anniversary of the adoption of the Rome Statute of the International Criminal Court (ICC), a historic milestone that established the first permanent international criminal court dedicated to ending impunity for the most serious crimes of concern to the international community. As we observe this International Day of Justice, we reflect on the unwavering commitment of Ghana to the rule of law, both domestically and internationally, and our role in advancing justice for all humanity.
Mr Speaker, the significance of this day extends beyond mere commemoration to the rule of law both domestically and internationally and our role in advancing justice for all humanity. The significance of this day extends beyond commemoration; it serves as a powerful reminder that justice transcends national boundaries and that the fight against impunity requires collective action from the global community. The theme, ‘‘Accountability and Respect for Law’’, resonates deeply with democratic aspirations of Ghana and our ongoing journey toward a more just society.
Mr Speaker, the establishment of the International Criminal Court (ICC) represents a paradigm shift in international law, moving from a system where sovereignty could shield perpetrators of mass atrocities to one where individual accountability takes precedence. This transformation embodies the very essence of our theme that no one, regardless of position or power, should be above the law.
Mr Speaker, accountability, as demonstrated by the International Criminal Court, means that those who commit the grievous crimes against humanity must face justice. Respect for law, the complementary aspect of our theme, ensures that legal frameworks are not merely theoretical constructs but living instruments that govern behaviour and protect the vulnerable.
Mr Speaker, legal system of Ghana represents a complex tapestry of legal traditions, reflecting our colonial history and indigenous practices. As noted by the Judicial Service of Ghana, the legal system of Ghana was built on a foundation of received Anglo-Saxon common law, statutory law and other documents with an enduring body of largely unwritten customary usages and practices that remain a contextual feature of the modern legal system of Ghana. This diverse legal heritage underscores the importance of respecting all forms of law within our jurisdiction. True respect for law means acknowledging that justice can emerge from various legal traditions, while ensuring that these traditions align with fundamental human rights principles.
Mr Speaker, since the restoration of constitutional democracy in 1993, Ghana has made significant strides in strengthening the rule of law, according to the Africa Governance Monitoring and Advocacy Project (AfriMAP). The country has witnessed many positive developments since the restoration of civilian rule in 1993, including improvements in the administration of law and justice. These improvements reflect our growing understanding that accountability is not merely about punishment, but about creating systems that prevent abuse of power and ensure transparent governance.
Mr Speaker, as parliamentarians, we bear a special responsibility in advancing the course of justice, particularly in embodying the principles of accountability and respect for law. The Parliament of Ghana serves as the primary institution for lawmaking, oversight and representation, making it central to any efforts to strengthen the rule of law. Our role extends beyond simply passing laws. We must ensure that legislation is crafted with justice and human rights principles at its core.
Mr Speaker, the accountability function of Parliament manifests through rigorous oversight of the Executive, ensuring that government policies and actions comply with legal standards. We must demonstrate respect for law by subjecting ourselves to the same legal standards we expect of others and by creating laws that are fair, just and responsive to the needs of our constituents.
Mr Speaker, the advancement of justice is not solely the responsibility of government institutions. Civil Society Organisations (CSOs), legal practitioners, academic institutions and ordinary citizens all have vital roles to play in promoting justice and the rule of law. CSOs serve as watch dogs, advocates and service providers helping to ensure that justice institutions remain accountable to the people they serve.
Mr Speaker, legal practitioners have a professional obligation to uphold the highest standards of legal practice and to ensure that justice is accessible to all. They serve as guardians of respect for law by maintaining professional ethics and advocating for their clients within the bounds of legal propriety. As we commemorate the International Day of Justice, we must recommit ourselves to the pursuit of a more just society, grounded in accountability and respect for law. This requires sustained efforts across multiple fronts, including strengthening institutions, promoting legal education and awareness, embracing technology and innovation, and fostering inclusive justice.
Mr Speaker, we must continue to invest in building strong, independent and effective institutions that embody accountability in their operations and command respect through their fairness and effectiveness. This includes providing adequate resources, improving infrastructure and ensuring that our institutions have the capacity to deliver timely and fair justice.
The International Day of Justice reminds us that the pursuit of justice is both a global endeavour and a local responsibility. For Ghana, this day represents an opportunity to reflect on our progress, acknowledge our challenges, and renew our commitment to build a more just society. As we move forward, we must remember that justice is not a destination but a journey. It requires the sustained commitment of all stakeholders, governments, civil society and citizens.
Mr Speaker, I first of all call upon the Government of Ghana (GoG) to demonstrate unwavering commitment to strengthening our justice institutions through increased budgetary allocations, comprehensive justice sector reforms and the implementation of policies that ensure equal access to justice for all. Government must lead by example in demonstrating accountability and respect for law in all actions and decisions.
Furthermore, to my esteemed Colleagues in Parliament, I call upon us to recognise our sacred duty as custodians of the law and guardians of democratic principles. We must commit to passing legislation that opposes human rights, strengthens the rule of law, and ensures that our legal framework remains responsive to the evolving needs of our society. Lastly, to our esteemed members of the Judiciary, I call upon them to continue upholding the highest standards of judicial independence, integrity, and impartiality. The Judiciary remains the final arbiter of justice in our democracy and citizens must have unwavering confidence in its ability to deliver fair and timely justice.
Mr Speaker, let us use this day to recommit ourselves to the cause of justice, knowing that our efforts today will shape the Ghana we leave for future generations. May the principles of accountability and respect for law guide our actions as we work together to build a more just and equitable society for all Ghanaians.
Thank you very much, Mr Speaker, for allowing me to make this Statement.
Hon Alhassan Tampuli Sulemana
Gushegu
Mr Speaker, I rise to make a few remarks on the Statement that has been ably delivered by the Hon Second Deputy Minority Whip and distinguished Member for the good people of Weija/Gbawe.
Mr Speaker, the end results of principles such as rule of law, constitutionalism, separation of powers and all those wonderful superlatives is respect for the fundamental human rights and freedoms of our people.
Mr Speaker, as rightly said by the maker of the Statement, in Article 11 of the 1992 Constitution, one would find the hierarchy of laws: the Constitution, enactments, instruments, customary law, common law, orders, and so on. All of these would come to nothing if the individual does not enjoy any liberties.
Mr Speaker, this takes us to matters within Chapter 5 of our Constitution, which deals with fundamental human rights and it is very pleasing to know that this House has come of age. Currently, we have a Committee on Human Rights that have been halved from the Committee on Constitutional and Legal Affairs. The rights of the citizens would be better enhanced if we give fidelity to provisions in the Constitution such as Articles 14 and 19, which guarantee fair trial for individuals. So, a person is picked up, the Miranda rights is read to them, taken through the process and sent before a court of law within a matter of 48 hours.
What we have come to know is that some security institutions say that they must take one after 48 hours. The law says within 48 hours, so if a person is taken into custody, it starts to reason that security officers should be reckoning the dates and by the time 48 hours extends, they should be able to take the person to a court of competent jurisdiction. But what we have come to realise is that, in some instances, bail is granted, but the terms are too onerous.
Mr Speaker, these do not accord with the kind of freedoms that we expect that an individual in the country enjoys. Such onerous bail terms, one way or the other, says that they want to continue to hold the person in custody. We must all advert our minds to the provisions of the 1992 Constitution that provides for us to give the accused person or the person of interest or a suspect the benefits of doubts, in which case, it provides that a person is presumed innocent until he is convicted by a court of competent jurisdiction or he himself had admitted to committing some crime.
Mr Speaker, with all of these things, we have to come back and rededicate ourselves to what would continue to nourish this our constitutional democracy that we have given to ourselves since 1993.
Indeed, Mr Speaker, this is the longest spell that we have ever had since the First Republic. I believe that we all have a duty to continue to do our best to keep ourselves in track.
Mr Speaker, I thank the maker of the Statement and I appreciate the opportunity to make this contribution.
Hon Frank Annoh-Dompreh
Nsawam/Adoagyiri
Mr Speaker, let me thank the maker of the Statement, who is bringing our attention to our parliamentary jurisprudence and the practice of constitutionalism.
Right from the First Republic and where we are as a country, we need to pat ourselves on the shoulder; mainly, because more often than not, we have overly focused on the negatives. The positives must be celebrated as well. Of course, there are regrettable moments right from the 1960 Constitution. We have had some very bad moments, but clearly, we have lived on as a Republic and have showed improvement; however incremental it has been, we have shown improvement. In the Third Republican, there was the exercise of clear separation of powers between the Executive and the Legislature.
Mr Speaker, again, during the 1979 Constitution, we had the opportunity where the then Minority Leader was a Member of the Council of State and it was for a very good reason. Mr Speaker, right from the International Bill of Rights of the United Nations (UN), which has found reflection in our Chapter 5 and 6 of our Constitution, particularly Chapter 6, Directive Principle of State Policy. In other jurisdictions such as Nigeria, which is just nearby, the Directive Principle of the State Policy, is justiciable. We have captured very beautiful provisions. The Directive Principle of State Policy is supposed to be a good guide to the Judiciary, the Executive and the Legislature. These are beautiful in the books, yet we cannot enforce them. A country like Kenya has tested all provisions in their Constitution.
Mr Speaker, we are always in a hurry to put together a creature to look at our Constitution. We have often lacked the confidence to make the necessary amendment to our Constitution. I am aware the President has put together another body. I hope we will be confident to do what we have to do. Mr Tampuli, my respected Colleague, referenced Article 14 and 19, particularly Article 14 which deals with rights, arrest, detention and our liberties. These are things that we should teach our kids at school and we should relate to them practically.
Mr Speaker, I think these are the things that will make the difference while we seek to nurture our democracy. Our democracy has come to stay and the very ingredient that nurtures our democracy is the rule of law and the Constitution and we should be seen to be consolidating the Constitution.
Mr Speaker, I know we are constrained with time and already, the NPP will be gathering tomorrow at our congress, so I will end it here and thank you for the kind opportunity. I am grateful, Mr Speaker.