Judges Should Not Overuse Their Powers to Control Lawyers”

Lawyer Kofi Bekai has called for greater balance and mutual respect between judges and lawyers in the administration of justice, stressing that although judges have the authority to transfer cases to different courts and make decisions on court proceedings, such powers should not be used to intimidate or unduly control lawyers. Speaking in an interview with Nhyiraba Kwabena Asirifi on the ICADTV Ghana Nti Morning Show, Lawyer Bekai said when a lawyer is unable to appear in court, the lawyer should be given the opportunity to formally write to the judge and explain the reasons for the absence. He said even where the absence is due to a legal obligation or another legitimate engagement, the judge should listen to and consider the lawyer’s explanation before taking a decision. Commenting on the case involving former National Signals Bureau (NSB) Director-General Kwabena Adu-Boahene, Lawyer Bekai said that where a lawyer fails or refuses to appear in court, the court should first listen to the lawyer’s reasons for the absence. He stressed that there should be a clear understanding and professional relationship between the bench and the bar, arguing that judicial authority should not be used to intimidate lawyers. Lawyer Bekai also called on the government to introduce legislation to protect suspects who remain in police custody for prolonged periods without their cases being taken to court. “Government Must Introduce a Law to Ensure Suspects Are Released If They Remain in Police Custody for Three to Five Years Without Their Case Going to Court.” According to him, delays in preparing cases, including the transfer of police officers responsible for investigations and documentation, can contribute to suspects remaining in custody for several years without their cases being properly processed. He therefore proposed that where a person has remained in police custody for three to five years without the case being prepared and brought before a court, the person should be released, subject to the applicable legal requirements.