In a recent development in Ghana, Attorney General Godfred Yeboah Dame urged an Accra High Court to maintain its earlier decision of hearing a criminal case against former lawmaker James Gyakye Quayson on a daily basis.
On June 21, Dame argued that the former MP should not be treated differently from other individuals and should be subject to the court's rulings and directions.
Dame emphasized that the MP's right to participate in political activity, such as standing for election, was not the same as a duty and therefore should not exempt him from criminal trial. He cited examples of how farmers or teachers could also request the court to postpone their criminal trials due to work-related obligations.
According to Dame, Article 17 of Ghana's 1992 Constitution guarantees that all individuals are equal before the law, and that it is essential to uphold this principle to maintain the rule of law.
The Attorney-General further noted that granting the MP's request to avoid daily hearings of the criminal case would be discriminatory and contrary to the constitution.
He argued that it would create an absurdity if politicians were exempted from trial due to their campaign activities while farmers, teachers, or any other working-class citizen could not refuse to attend daily hearings of their criminal cases due to work obligations.
The court is set to deliver a ruling on the motion against the day-to-day trial filed by lead counsel for the former MP, Tsatsu Tsikata, on June 23, 2023.
On February 12, 2022, the state charged James Gyakye Quayson with five counts, including deceit of a public officer, forgery of a passport, knowingly making a false statutory declaration, perjury, and false declaration.
It is important to note that the rule of law is a fundamental principle that guarantees that everyone is equal before the law. Therefore, there should be no exceptions or special treatment for anyone, including politicians.
Dame's argument that a politician's right to participate in political activity cannot be equated to a duty and should not exempt them from trial is valid. Politicians should be held accountable for their actions and should not be above the law.
The ruling of the court on June 23, 2023, will be a test of the Ghanaian judiciary's ability to uphold the rule of law and treat all citizens equally before the law. We hope that justice will be served impartially, and the court will uphold the law without fear or favor.
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