Joy FM and Evans Mensah have exonerated Chief Justice Anim Yeboah in the matter of the $5 million bribery scandal even before the CID concludes investigations into the matter. According to Joy FM and Evans Mensah, they have intercepted court documents revealing that the allegation against the CJ may not be true.

The document Joy FM and Evans Mensah are basing their judgment on was a memo written on January 24, 2020 by Justice Jones Dotse, then presiding judge in the case between Ogyeedom and Ghana Telecommunication Company Ltd to the Chief Justice to enhance the 5 member panel to hear the case. Evans Mensah and Joy FM posit that “It has now emerged that the Chief Justice only got involved in that case based on an official memo written to him by the original presiding judge requesting for an enhanced panel.”

In the ‘all knowing’ wisdom of Evans Mensah and Joy FM, because the CJ was not originally part of the panel and had to only join after the memo was written to him, indicates that the allegation may not be true. Let me make it clear that, it is not my wish to pronounce the guilt or otherwise of the CJ in this matter. It is also not my wish to hold brief for Lawyer Kwasi Afrifa and side with him that his allegation against the CJ is true.

I decided to author this piece to prove that it is warp logic and drinking bar learning, to cast doubt about the allegation based on Justice Dotse’s January 24, 2020, memo. There can be only one reason why Joy FM and Evans Mensah would choose to make a determination in a matter that the CID is yet to conclude its investigations and publish its findings. The only reason is that someone somewhere wants to use Joy FM and Evans Mensah to influence the outcome of the CID’s investigation. The job of the media is to put out facts and allow the public to make its judgment based on the facts. It is not the job of the media to determine who is guilty or not guilty. When this allegation was first made, some of us knew we will get to this stage where media recruits will be hired to engage in forceful media trials.

Let’s now interrogate the memo which triggered the CJ’s involvement in the case. It must be noted that Justice Dotse’s memo did not ask the CJ to join the panel. In fact, Justice Dotse could not have asked the CJ to join the panel because, under the Constitution, 1992, it is only the CJ who impanels judges or which judge should be part of a panel. So what Justice Dotse did was to ask the CJ to add other Justices to the panel to hear the matter. The CJ in his wisdom then decided to add himself and another Justice to the 5 member panel. The CJ could have decided to appoint two other Justices to join the panel without necessarily adding himself. Being the CJ, he assumed the role of the presiding judge after he joined the panel. Evans Mensah and Joy FM’s inference on the circumstances under which the CJ joined the panel for which reason they are exonerating him, therefore would not make sense and cannot make sense to even a mad man on the street of Kokomlemle.

In their inexorable attempt to exonerate the CJ, Evans Mensah and Joy FM asked that if indeed the CJ accepted a $5 million bribe, why did he side with his colleagues to grant the stay of execution filed by Ghana Telecommunication Company Ltd? I doubt if Evans Mensah and Joy FM know what stay of execution is. Stay of execution simply means “hold on with the enforcement of a judgment until the appeal is decided.” It always makes sense to grant a stay of execution when an appeal is initiated against a judgment to avert a situation where when the judgment is overturned, no party will be disadvantaged. The CJ, experienced as he is, even if he indeed accepted a $5 million bribes, would not have dissented in granting the stay of execution in the instant case.

Evans Mensah and Joy FM again went ahead to provide another reason why the bribery allegation against the CJ may not be true. According to them, if indeed the CJ accepted the bribe as alleged by Lawyer Afrifa, why did he again join his colleagues to order Ogyeedom to pay back GHC4 million Ghana Telecommunication Company Ltd paid to him which was part payment of the $16 million the Swedru High Court awarded? This again proves that Evans Mensah and Joy FM do not understand the issue they have hurriedly jumped into to pass judgment.

When Ghana Telecommunication Company Ltd appealed the High Court’s judgment at the Cape Coast Court of Appeal, the company filed a stay of execution. The Court of Appeal granted the stay of execution but directed the company to pay 30% of the $16 million dollars. The company complied. Normally when such orders are made, the money is paid to the court and not the judgment creditor. But in the instance case, the money, for whatever reason, ended up with the judgment creditor. It was this anomaly that lawyers for Ghana Telecommunication Company Ltd pointed out to the Court which CJ was the presiding judge and same was corrected by ordering Ogyeedom to repay the money back to the Court until such a time the civil appeal at the Supreme Court is determined.

Clearly, the inferences Evans Mensah and Joy FM have made in a desperate attempt to exonerate the CJ rather harms the CJ. The inferences are baseless, illogical, and warp. I know at 5:30 pm today, Evans Mensah will be screaming on top of his voice, as usual, to foist this warped logic down the throat of unsuspecting Ghanaians. What he is engaged in has no place in journalism.

Amorse Blessing Amos
Deputy Greater Accra Regional Youth Organizer-NDC

Disclaimer: The opinions expressed in this publication do not in anyway reflect the opinions of State News Ghana

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