Kwame Koduah: 43 Years On: Remembering Ghana's Martyred Judges and the Enduring Lessons for Our Legal System

Kwame Koduah: 43 Years On: Remembering Ghana's Martyred Judges and the Enduring Lessons for Our Legal System

Kwame Koduah: 43 Years On: Remembering Ghana's Martyred Judges and the Enduring Lessons for Our Legal System

Today, we pause to remember a dark chapter in Ghana's history. On this day, 43 years ago, three High Court Judges—Justice Fred Poku Sarkodee, Justice Cecilia Koranteng-Addow, and Justice Kwadwo Agyei Agyepong, along with a retired military officer, Major Sam Acquah, were brutally murdered. Their crime? Upholding the rule of law and dispensing justice without fear or favour.

Their sacrifice was not in vain; it became a catalyst for the return to constitutional democracy and a stark reminder of what is at stake when the independence of the judiciary is threatened.

As we commemorate this solemn anniversary, it is impossible to ignore the contemporary currents testing our legal and constitutional foundations. The ongoing impeachment proceedings against our Chief Justice, shadowed by claims of procedural unfairness, compel us to reflect.

Without drawing a false equivalence between a brutal act of terror and a constitutional process, the confluence of these events calls for deep introspection. From the crucible of our history, here are three enduring lessons that must guide our collective actions:

1. The Rule of Law is Not a Slogan; It is Our Shield.

The 1982 murders were a direct assault on the principle that society should be governed by law, not by the arbitrary will of those in power. Today, this lesson reminds us that every constitutional process, especially one concerning the highest judicial office, must be a masterclass in the rule of law. It demands transparent, predictable, and fair procedures. Anything less erodes the very foundation that Justices Sarkodee, Koranteng-Addow, and Agyepong died to protect.

2. Judicial Independence is Fragile and Non-Negotiable.

The judges were martyred for their judicial decisions in the ultimate act of intimidation, designed to cower the bench into submission. While the threats today are different, the assault on judicial autonomy remains constant. True judicial independence is not merely the absence of physical coercion; it is the freedom from political pressure, executive overreach, and any process that could be perceived as a tool for reprisal. Today, this assault takes a more insidious form, including the unguarded and cynical labelling of judges as a ‘unanimous FC’ by those who should be its staunchest defenders. This is a dangerous tactic that replaces professional critique with political attack, implying collusion rather than sound legal reasoning. Such behaviour not only chills judicial courage but also fundamentally erodes the public’s perception of fairness—a perception as vital as fairness itself, and one that we must fiercely protect.

3. Procedural Fairness (Due Process) is the Bedrock of Justice.

The ultimate injustice is not just a wrong outcome, but one that is reached through a flawed and unfair process. The 1982 tragedy represents the total annihilation of due process. Today’s challenges remind us that the right to a fair hearing and transparent procedure is sacrosanct for every citizen, and arguably even more critical when applied to the leadership of the institution tasked with guaranteeing it for all. If the head is not afforded procedural sanctity, what hope is there for the body and the citizenry?

A Call to Conscience

As legal professionals, academics, and citizens of Ghana, our remembrance of these martyrs must be active, not passive. It must translate into a renewed commitment to demanding and upholding the highest standards of constitutionalism.

Let their sacrifice be a constant, burning reminder of the high price of vigilance and the eternal value of justice, fairly and independently administered for all.

 

Source: An Opinion by Kwame Koduah Atuahene, a lawyer and legal academic.