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It’s getting murkier, we must sit up!

It has been nearly three months since the country recorded its first coronavirus case on March 13, 2020. Since then, the numbers kept trickling in with over 17,741 infections recorded as of Monday June, 30 2020.

The recoveries which stand around 13,000 sound encouraging but the increasing number of new cases, almost on a daily basis, is still causing some anxiety in the country.

A major concern which keeps popping up, however, is that of frontline health workers who lament over the shortage of Personal Protective Equipment (PPE) and inadequate testing kits.

According to the Ghana Medical Association (GMA), results of patients sometimes arrive between seven to 10 days after samples are taken — a situation which the association admits, does not augur well for case management.

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Our country’s death rate compared with those reported in other jurisdictions is relatively low. But the fact remains that a significant number of committed health workers across the country continue to lose their lives in the line of duty.

As we battle the active cases, sections of the public believe that there could be more positive cases in the population apart from the figures so far confirmed.

Despite the dangers posed by COVID-19 pandemic, citizens are still going about their normal duties along with political acclamations and other activities geared towards election 2020. Some individuals are complacent and, therefore, decide where and when to wear their face  masks.

Presently, with about 117 recorded deaths, the pandemic has proven that it is no respecter of persons. Our hearts go out to families who have lost their loved ones in these trying times.

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In view of the fact that majority of the populace seem to have thrown caution to the wind, The Spectator wishes to call for the imposition of more stringent measures to ensure the mandatory wearing of nose and face masks.

We believe this would instill discipline in certain areas, especially in the Greater Accra Region where the cases keep rising.

It is also pertinent to protect the lives of our frontline health workers and all individuals actively involved in the fight against COVID-19. Those in charge should, as a matter of urgency, release PPE to the health facilities for a “stitch in time saves nine”.

Factories that are producing the equipment need to set up their game. If we must open additional testing centres across the country to fast-track the release of test results, the better it would be for us.

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While at it, authorities must go the extra mile to enforce social distancing at the voter registration centres as the crowd-control measures witnessed recently leave much to be desired.

We pray that an antidote to the pandemic is found soon as the nation gears up for the polls in December 7, amidst COVID-19.

Everything points to the fact that our version of the coronavirus pandemic is getting murkier, but if we keep playing the ostrich, the reality of the disease will expose us all.

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71 Inmates graduate from Tertiary Education Programme

In a ceremony held at the Nsawam Medium Security Prison, 71 inmates graduated from a tertiary education programme, with three inmates earning first-class honors.

The programme, a collaborative effort between the Ghana Prisons Service, the University of Cape Coast, and Plan Volta Ghana, aims to provide inmates with academic qualifications and skills to contribute positively to society upon release.

Deputy Minister of the Interior, Hon. Ebenezer Okletey Terlabi congratulated the graduates on their achievement, emphasizing the significance of education in transforming lives.

Hon. Terlabi noted that the programme’s success reflects the Government’s commitment to supporting rehabilitation initiatives that go beyond incarceration.

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The Director-General of Prisons, Patience Baffoe-Bonnie Esq. encouraged inmates to take advantage of various training programs, including vocational skills, to enhance their rehabilitation.

She also announced plans to develop strategies for reintegrating inmates into society after serving their sentences.

This initiative demonstrates efforts to prioritise rehabilitation and reintegration, recognising that education and skill development are crucial in reducing recidivism and promoting positive change.

The graduates’ achievement serves as a symbol of hope and resilience, inspiring others to pursue education and personal growth.

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The Supreme Court Should Respect the Clear Text of Ghana’s Constitution – Kwame Owusu Danso, Esq. writes

Ghana’s 1992 Constitution provides explicit guidelines for removing public officials, such as Superior Court Justices and the Chief Justice, with no room for judicial overreach.

 For Justices other than the Chief Justice, Article 146(3)-(5) mandates that a petition be sent to the President, who refers it to the Chief Justice to assess if a prima facie case exists. If confirmed, a committee investigates and advises the President. The process is straightforward and precise.

In contrast, Article 146(6)-(7) governs the removal of the Chief Justice. Here, the President, consulting the Council of State, forms a committee to investigate a petition and recommend action without any mention of a prima facie case requirement. This distinction is deliberate and clear in the Constitution’s text.

However, the Supreme Court’s ruling in Agyei Twum v. Attorney General & Akwetey imposed a prima facie case condition for removing a Chief Justice, a step not supported by the Constitution. 

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This judicial addition distorted the framers’ intent, as the original text remains unamended. When the Constitution’s language is unambiguous, courts should not insert new terms under the guise of interpretation; such as the so-called “purposive approach” unless the provision is unclear, which it is not here. 

The framers’ choice to omit a prima facie requirement for the Chief Justice was intentional, not an oversight.

Looking ahead, I urge the Supreme Court, amid current cases and political pressures, to avoid compounding this error. Adding further conditions – like requiring the Chief Justice to respond to a petition before any action – would be another unwarranted rewrite of the Constitution. 

The text does not demand a prima facie case, let alone additional steps. Judicial restraint is essential to preserve clarity and fidelity to the law as written.

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Thank you for your attention.  

Kwame Owusu Danso, Esq. 

Africa Law Focus.

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