Lawyer Isaac Minta Larbi who is the Regional Chairman of the NDC Legal Team, Eastern Region has expressed his opinion on contempt matters before the Supreme Court.
The legal luminary who has over 21 years of legal experience in Ghana and abroad stated that the recent habit of the Supreme Court summoning supposed contemnous to appear before the Supreme Court should be avoided if justice is to be seen to be done.
As a lawyer trained in human rights litigation and acquainted in the principles of a fair trail, Lawyer Isaac Minta Larbi adds that any trial in which the judge is also the prosecutor is a biased trial ab initio (from the beginning) and nothing can be done to remedy the bias or create the impression that justice has been done.
The NDC Legal Chair who has done many contempt cases notes that the Supreme Court should not be the court of first instance in a contempt matter.
He states that the Supreme Court judges ought to demonstrate and manifest justice by referring the supposed contemptuous conduct to the AG who would file the necessary processes at the High Court which would allow for a fair trial with the opportunity for an appeal afterwards. That would be the proper manifestation of justice and fairness even in a supposed contempt in facie curiae. It is the same Supreme Court that said “justice must not only be seen to be done but it must manifestly be seen to be done.”
He said this minimum expectation must always be adhered to and seen to be coming from the Supreme Court itself that laid down this rule of justice.
Also the Supreme Court needs to demonstrate to Ghanaians that it respects the citizens constitutional right of freedom of speech and is ready to defend it the lawyer noted.
Source : Mybrytfmonline.com/Obed Ansah
