Tuesday, November 24, 2009

GBA, IT'S A STEP IN THE RIGHT DIRECTION (NOV 24)

A SOCIETY is stable because it is anchored on a foundation of justice and not just because it is stable.
Justice and its delivery at the right or appropriate time are, therefore, of crucial importance to the development and progress of society, especially one that seeks to build and sustain discipline and order as core values.
In developing nations, including Ghana, justice and its delivery have often evoked mixed reactions or responses.
There are large numbers of people who, on a daily basis, have had to contend with the violation of their fundamental human rights and freedoms. This could be on account of the fact that they are either themselves ignorant of these rights or, where they are conscious of them, they are, for a variety of reasons, including economic, financial, cultural or others, unable to stand up to ensure their enforcement.
This is not confined to the realm of civil and political rights but also, in more pronounced forms, the economic, social and cultural rights of the people which many countries and governments pay lip service to on account of problems of how justifiable or otherwise they are.
It cannot be denied that the Judiciary, one of the three organs of the State, with the basic function of interpreting the law, has a critical role to play in ensuring respect for the rights of the people.
Of similar importance is the fraternity of legally trained and equipped individuals who defend before our law courts the rights of the people and help check these from being trampled upon by powerful forces in society.
Thus, in a democratic set up where there is a coincidence of interests between the Executive, which enforces the law, on the one hand, and those who help interpret it (the Bar and the Bench), on the other, the need to work together to build a just and orderly society becomes a critical imperative.
Only yesterday, the leadership of the Ghana Bar Association (GBA) called on President John Evans Atta Mills at the Castle, Osu, to congratulate him on his election as President of the nation and explore avenues of fruitful co-operation with the Executive to move the fortunes of the country forward.
While President Mills stressed the adherence of the government to the rule of law and justice for all the people, the GBA expressed its belief that he would be guided by legality, national reconstruction and renewal of unity to move the nation forward.
We are happy that the GBA is emerging from its self-imposed moratorium on non-indulgence in “active politics” as in the recent past and is seeking to partner the government, albeit in a more critical role, in helping positively to transform the society into the better Ghana espoused by the President for the benefit of all.
We believe that in addition to the broad areas of law reforms and constitutional matters, the two can work actively together to help fast-track justice delivery to the vast majority of our people, many of whom have been denied this precious commodity for years.
We particularly like to highlight the plight of thousands of our countrymen and women and even children who, especially as remand suspects, have languished in prison for years without the prospect of justice in sight.
The GBA can help here by working to reduce the frequency of adjournment of cases pending before the courts, speeding up investigations and encouraging the resort of clients to Alternative Dispute Resolution (ADR) mechanisms.
Additionally, the offer of free legal aid for members of our society who need and deserve justice but do not have the ability to pay can also be stepped up to enhance justice delivery and propel us towards the ultimate goal of a free and orderly society where justice has not only to be done but must be seen to have been done.
We want to commend the President of GBA and his national executive members for taking the bold initiative to get to the Castle to interact with the President.
It is a step in the right direction.

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