Kwesi Botchway Jnr., a close aide to former Vice President Dr. Mahamudu Bawumia, has voiced his deep dismay and anger over a recent court ruling involving Ghanaian politician Abronye.
In a post shared on Facebook, Botchway described himself as ‘broken and shattered’ by the decision, which he believes undermines the principles of justice and the rule of law in Ghana.
The case in question involves Abronye, who was subject to a ruling that Botchway feels is not only unjust but also legally questionable. “I feel so sorry for our judiciary and democracy after reading the court’s ruling in Abronye’s matter! This can’t be rule of law! This can’t be justice and this can’t be democracy!” he expressed.
Botchway was particularly disturbed by the court’s reliance on quotes from former African leaders like Robert Mugabe and Iddi Amin, which he argues have no place in legal rulings. “Since when did quotes from Robert Mugabe and Animal Farm become legal authorities?” he questioned, before pointing out that the quote attributed to Mugabe was, in fact, from Iddi Amin. “Since when did quotes from Iddi Amin become an authority in Ghanaian courts?” he added, visibly frustrated by what he perceived as the misuse of historical references.
The crux of Botchway’s frustration lies in what he sees as the absence of solid legal foundation for the ruling. “With the exception of section 96 of Act 30, which provides for the law on bail, the judge could not cite any other relevant constitutional provision, statutory provision, or case law from any higher court to substantiate why a fellow citizen should be deprived of his liberties for seven good days,” Botchway wrote.
He expressed disbelief that the judge’s justification seemed to rest solely on a previous ruling, rather than any meaningful legal precedent.Botchway emphasized that a court of law should not be a ‘court of morals’ and that legal decisions should be based solely on what is enshrined in the law, not personal beliefs or philosophical quotes. “For Christ’s sake, the court is a court of law and not a court of morals… what is not in the law cannot be smuggled into the law!” he concluded.
