Opinions of Saturday, 8 April 2006

Columnist: Obenewaa, Nana Amma

Criminality & the Nations Judges

Attention:
His Excellency Mr. J.A. Kufuor
President
Republic of Ghana Accra Ghana

Re: Judge Kobena Adoe Acquaye: A Purveyor of Injustice in the Nation?s Court A Matter Between Nana Amma Obenewaa Richard Osae-Duodu: Court File # BL637/04

Judge Kobena Adoe Acquaye's behaviour, untypical of an impartial judge, is eating away my confidence in the nation?s justice system. Mr. President, personal feistiness is not a resource I deploy with a light heart. However, it becomes a weapon of necessity when, amid piles of material evidence, Judge Acquaye allows his courtroom to become a circus with endless adjournments. Previously, the judge was quick to stop the case in order that I bring Mr. Carl J. Reindorf from the United Kingdom to submit signature samples. He stated that until his directive was honoured, the case would not proceed. As a matter of fact, I arranged for Carl Reindorf to travel to Ghana to honour Judge Acquaye?s request.

Judge Acquaye?s partiality towards the plaintiff, is evident by his silence on the plaintiff?s absence from his court since November 2004. How does Judge Acquaye justify the plaintiff?s recent amendment to his affidavit that he (plaintiff) should be absolved from perjury because he did not know the full history of a land, which he fraudulently acquired and immediately developed? What were the motivations behind Judge Acquaye allowing the plaintiff?s lawyer to schedule long adjournments (i.e. January 14th to March 17th to April 25th), knowing that the two last dates were scheduled for forensic testimony? Judges Acquaye's obvious lack of jurisprudential ethics and perversion of universal social justice is unparalleled.

Judge Acquaye has lost my respect and his actions have spurred my claim of extortion against him; a statement which was corroborated by the court clerk in my presence and before the investigative panel of Public Complaint Unit, which was constituted on the directives of the Chief Justice to investigate my claims against Judge Kobena Acquaye. I challenge Judge Kobena Acquaye to contest my claim, if he so chooses. I am also surprised by the Chief Justice?s silence, despite my written submission(s) that Kobena Acquaye be recused from the case. I humbly request that the Chief Justice make public the transcripts of the Complaint Unit's investigation and his recommendations in addressing my claim.

Judge Acquaye should not underestimate my resolve to fight to the bitter end and see justice served. While Judge Acquaye may think that he is above the law, I am resolved to seek and apply every asset under the law to reclaim what is rightfully mine. I have no kind words for Judge Acquaye, only utter contempt for his underhandedness. He allowed the plaintiff to abstain from court proceedings for reasons only known to him. From his years of legal training, Judge Acquaye must know the legal definition of fraud. In the case herein, fraud means him allowing the plaintiff to submit falsified documents with the intent not only to deceive the court, but to suborn fraud. He allowed the plaintiff to convert the value of my property to his (the plaintiff?s) own personal use by deceit.

The difficulty Judge Acquaye faces in reversing one of his most preposterous judgements and allowing Osae-Duodu to build on my land is by his own making. He knew that the plaintiff?s documents were false and was humbly advised by my counsel to enforce the court order until all the facts were presented and examined to establish rightful owner of the land. By any standards, a fair-minded judge would carefully have analyzed every piece of evidence before formulating a verdict. In the case herein, Judge Acquaye breached the rudimentary principles of common sense. Against submissions, he granted Osae-Duodu?s interlocutory injunction knowing that the document, which the plaintiff tendered as evidence of ownership, was doctored by Roger Emmanuel Amudzi, the plaintiff?s partner-in-crime and a notorious land fraudster and land guard. Under Judge Kobena Acquaye?s system of justice, bribery takes precedence over ethics and justice.

I have nowhere close to the size of plaintiff?s wealth. But material acquisition should not be the determining factor in dispensing justice. In one of his unguarded statements on the phone, Judge Acquaye admitted that the plaintiff was his friend. I challenge Judge Acquaye to either confirm or deny my claims and admit that he is the subscriber of phone numbers: 021-774572 and 0208187876. Judge Acquaye cannot profess justice in a public space when in fact his actions suborn injustice (i.e. selling justice to the highest bidder). The independence of the judiciary is an insurance to prevent judicial fraud and does not preclude the rights of the public to know the truth.

I am not seeking the destruction of the courts; this is a trait which is not part of my persona. However to be silent when personalized intransigence and sexism collude against social justice is an injustice in itself. I am poised to pulverize any backroom dealings by the nation?s judges to misapply the fundamentality of justice and Judge Acquaye's benaviour is the beginning of my crusade. He has the power to prolong my case, frustrate me and make me spend my resources to reclaim what is rightfully mine, but he cannot deny me justice and what is rightfully mine. Mr. President, there will be much more to follow.

Thank you.

Yours sincerely.

Nana Amma Obenewaa.

cc:

World Bank
Office of Economic Development and Investigations Washington DC

IMF, Ghana Representative

Dr. Huguette Labelle
Chair, Transparency International, Deutschland

Dr. Hansjorg Elshort
Transparency International, Deutschland

Ms. Dagmar Schroeder
Managing Director Transparency International, Deutschland

Mr. David Nussbaum
Chief Executive Transparency International, United Kingdom

Mr. Chandrashekar Krishan
Executive Director Transparency International, United Kingdom

Department of International Development London, England

Tamara Kamhawi
Programme Co-ordinator
Transparency International Middle East & North Africa

Overseas Development Institute
Westminster, England
Africa Live, BBC Africa
Bush House London, England

Mr. Gordon Wetherell
British High Commission Accra, Ghana

Mr. Peter Harrold
World Bank Representative Accra, Ghana

The Inspector General
USAID Accra, Ghana

Dr. Audrey Gadzekpo
Ghana Integrity Initiative Accra, Ghana

Media House Accra, Ghana



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