ADR Could Dirty Credibility Brushing Up Pure Criminal Matters

The alternative Dispute Resolution (ADR) fully adopted by the Republic of Ghana thanks to the far-reaching foresight of Georgina Theodora Woode, CJ’s administration at the country’s apex court and, needs high commendation; except seems being misapplied in some critical matters etched deep in pure criminality like murder, fraud, defilement and rape, etc.

In these instances, the criminals devise well-tact collaborations with elements within the police service, which incidentally, are the first contacts, when it comes to keeping law and order in their places of integrity and enforcing same and, are well-versed in how to “meander” their way out of the police station.

ADR itself, as applied elsewhere than Ghanaian jurisdiction, The Anchor noted, is apt, as it seeks to create the needed equilibrium of acceptability between litigating parties;- oppressor and victim; and, nevertheless, it helps save them time, cost, and many other litigation-related fatigue.

It is in view of this, that the paper would add its weight to the recent call by the Chief Justice of the Republic of Ghana, Justice Anin Yeboah on the litigating public to make it work. We will also call on the ADR mediators to place more premium on integrity when dispensing justice through it.

China is famed as one of the world best (if not inventor) ADR practicing nations for a very long time, and its application with all ‘honesty’ at a minimal that could be adduced in any human institution, was what became an envy to attract the rest of the world (Ghana inclusive) to follow as with clean-hand process.

The Anchor is aware, delegations, not once or twice, had to go and understudy its operational process, both before and after its adoption in Ghana. But, as it always be with us, the system would adopt great project, programme and policies elsewhere only to either dilute same or dissect same in parochial pieces; chooses parts to consume, and parts to throw to the dogs.

This paper is privy to a matter in which, once upon the time, members of Ghana police force, armed to the teeth – set with the Kalashnikov, in collaboration with a couple of civilian fraudsters attempted criminal extortion; the operation backfired; police internal enquiry done by both the Criminal Investigations Department (CID) and Police Intelligence and Professional Standard Bureau (PIPS) led to the dismissal of a senior officer involved: Junior officers were demoted – for not applying the “positive defiance” brake: The civilian initiators of the botched fraud were put before the criminal court, only to opt for ADR resolution and, were left, thereafter, off the hook.

The second case study: Currently, a self-acclaimed “Nana” from where he chose to come from; defrauded by false pretenses of having a plot of land for sale: He succeeded grabbing GH¢45, 000.00 in cash and ‘chopping’ same as if won the jackpot of the national lottery: The land turned out to belong to someone else, who didn’t even know Nana, let alone ceding his valued property for a mischief-making.

Nana was arrested by the police on complaint, but was able to meander his way through all the three different police stations including district and divisional commands: Yes, as ‘smooth operator’ worth his salt, he was well-behaved, Ghana police-wise and fell off with pomposity to the chagrin of his prey.

So, he had to be served with civil summons: Then meeting a judge, he quickly opted for ADR. Yes! That was what the Anchor was musing and aversing, needs to be watched!

There are so many such instances, helping the bigger and intelligent thieves escape justice through subtle means, through the same justice system put in place to punish and to protect, while hunger-prompted cocoyam, fowl and drake thieves have their match in jail.

Source: Anchorghana