Tribute to Justice Cecilia Koranteng-Addow

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Parent Category: Justice & Security

Created on Tuesday, 09 July 2013 00:00

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Tribute to Justice Cecilia Koranteng-Addow

A COMPARATIVE STUDY OF Re: REPUBLIC v. DIRECTOR OF PRISONS AND ANOTHER; EX PARTE SHACKLEFORD [1981] GLR 554-583, HIGH COURT, ACCRA, 8 AUGUST 1980

Keywords: Justice Cecilia Koranteng-Addow(Mrs), indecipherable signature, Constitutional law—Constitutional Issue—Interpretation of Constitution—Reference to Supreme Court by High Court—Applicant detained under warrant of commitment allegedly issued by special court set up under A. F. R. C. D. 3—Habeas corpus proceedings filed by applicant—Preliminary objection raised to application under Constitution, 1979, art. 118 (2)—The only issue before court whether or not applicant convicted by special court—Whether application to be stayed and matter referred to Supreme Court—Armed Forces Revolutionary Council (Special Courts) Decree, 1979 (A. F. R. C. D. 3)—Constitution, 1979, arts. 35 and 118 (2), *binding doctrines and/or principles of signature

MEMO: THE JUDGE

“One must not lose sight of the fact that in a revolution a lot of things happen and nobody questions the makers of such coup d'etat. However, when they seek to clothe their actions with the responsibility of legality, then sitting as a judge, I will have to [p.577] look at those things clothed with legality... We were all witnesses to what happened during the A.F.R.C. era... A lot of atrocities were committed in the name of the A.F.R.C. Those who were exposed were punished, but others went clean through the net. If the acts of those who went through the net were to be brought up to the court now, can the transitional provisions be pleaded in the name of justice in defence of such acts? If the transitional provisions were pleaded, would that oust the jurisdiction of the court? It will surely not. The transitional provisions can only be pleaded in support of acts or purported acts of the A.F.R.C. Whether or not such acts or purported acts were done in accordance with any procedure prescribed by any law... the word “purported” cannot be used as a blanket to cover all acts which are clearly not acts of the A.F.R.C. as constituted by the Armed Forces Revolutionary Council (Establishment) Proclamation, 1979...”

INTRODUCTION

In Ex-Parte Shackleford, Justice Koranteng-Addow, reasoned that the authenticity of indecipherable signature and/or name on a warrant of commitment to prison cannot oust the court’s power of judicial review. At common law, the established rule had been that a party to a “signed contract” or agreement shall be bound by the terms in it unless it could be shown that s/he had been misled, unduly influenced, coerced or threatened to do the same. More recently, it has been held that in deciding on a document purports to have contractual or binding signature, the court must consider not only the nature and the purpose of the document, but also the circumstances surrounding its use by the parties and their understanding of its purpose by the parties and their undertaking of its purpose at the time. Find below our commentaries and unedited judicial speech of the late High Court Judge.