JUJU VRS LAW; The Case of Jerry John Rawlings and Henry Lartey

Jerry John Rawlings

By Ekow Mensah

Once more, Ghana’s former President Jerry John Rawlings has indicated that he prefers trial by ordeal, a practice which is outlawed by all civilized societies as a means of determining his innocence.

In a reaction to a petition filed by Dr Henry Lartey, leader of the Great Consolidation Peoples Party (GCPP) for investigations into his alleged receipt of US$5million from the late General Abacha of Nigeria, Mr Rawlings said that he prefers traditional spiritual rites.

Strangely Dr Lartey has quickly accepted the challenge and said that he is ready to appear before any deity for the purpose of establishing the full facts of the alleged gift.

Unfortunately for Mr Rawlings and Dr Lartey, Ghana’s laws frown on trial by ordeal and insist on the production of imperical evidence as a basis for the resolution of disputes.

Ghana’s 1992 constitution clearly defines it as a secular state which upholds the freedom of conscience and the rights of citizens to choose whatever religion they fancy or believe in.

The Antoa Nyama Shrine

Given this situation, the issue arises as to what religious rites may be performed in the determination of the merits of the different cases which may go before the Commission on Human Rights and Administrative Justice (CHRAJ) or the judiciary.

Would it be Muslim or Christian, African traditional religion or some religious practice from the East?

So if fetish priests were to pronounce Mr Rawlings guilty or an Obinim were to pronounce him innocent what would be the effect of that?

 

Dr Henry Lartey

Article 57(6) of the 1992 constitution states inter alia that “Civil or criminal proceedings may be instituted against a person within three years after ceasing to be President, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of office notwithstanding any period of limitation except where the proceedings had been legally barred before he assumed the office of President”.

 It is clear that even if Mr Rawlings is found to have violated the law in the receipt of funds from General Abacha, he cannot be held to account.

 So what is the purpose of the action initiated by Dr Lartey when Mr Rawlings cannot be prosecuted or punished in any way?

Would it matter if he is pronounced guilty or innocent by juju?

Editorial

SOME THING IS WRONG

Who can believe this level of recklessness?

With only 48 days to go for a major election, the price of petrol has been increased by between 4 and 11 per cent.

Although some section of the petroleum industry insist that the increase is only 4 per cent the official statement announcing the increase last Tuesday put it at 11 per cent.

We are being told that the Ghana Oil Company (GOIL) will not increase its ex-pump price and therefore consumers can buy their products without being affected by the increase.

The Insight still wants to know in spite of all the explanations what this increase is meant to achieve and why it is so crucial that it has to be announced so quickly.

We sense so high level of recklessness in this move.