لا يزال المسرب أبو بصلة ينشر المزيد من التسريبات
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20. No person is infallible. The law has always known this, and it is among the oldest wisdom of our craft. Because no person is infallible, even the man the State most wishes to be rid of, even the man some would call the devil himself, remains entitled to the protection of law. That protection is a promise our Constitution made to every soul within these borders, and it does not bend to the convenience of the morning.
21. If a man may be placed upon an aircraft while his case is being called, and this Court cannot answer for it, what is the point of justice?
22. If the interval this Court grants in fairness to the State becomes the very interval in which the State empties the courtroom, what is the point of justice?
23. If a father may be carried beyond the reach of his son, beyond the reach of his counsel, and beyond the reach of this Court, all before the hour of hearing has run its course, then I ask, in all humility, what is the point of any of this?
24. I do not raise these questions to wound the Court. I raise them because the answer to them lies in this Court's hands and nowhere else. A court that cannot prevent a wrong is not thereby stripped of its power to name it, to record it, and to refuse to let it pass as though it were lawful. The State may place a man beyond our borders. It cannot place its own conduct beyond the judgment of this Court. That much remains within these walls, and I ask the Court to exercise it.
25. Let me be clear about what we have never disputed. Abu Trica may well be required to answer charges in another jurisdiction, and we have not asked this Court to shield him from that. Our complaint has never been that he should face trial. Our complaint is that a man was to be dealt with by a process, before a court, under law, and that the process appears to have been hollowed out while it was still running.
26. I therefore pray this Honourable Court as follows. That the State be required, here and now, to state on oath whether Abu Trica has been removed from this jurisdiction, upon what authority, upon what flight, and at what hour. That the State produce to this Court the warrant or order upon which any such removal was carried out. That this Court decline to treat the applications before it as spent or as overtaken, and hold instead that its jurisdiction to pronounce upon the lawfulness of what was done survives the removal of the man. That this Court record, in such terms as it thinks fit, its view of a course of conduct that has carried a man from his child, from his counsel, and from the reach of this Court while his cause was pending before it. And that we have liberty to move this Court for such further relief, including in respect of contempt, as the answers now given may warrant.
27. We place firmly on record our deprecation of the conduct of the State in this matter.
28. Your Honour, the cage door was flung open so that men might walk free through it in the light of day. It was never opened so that they might be carried out through it before the Court could turn its head. I ask this Court to turn its head now, to look squarely at what has been done, and to say so.
29. This is the second time we have knocked on the doors of the High Court seeking emergency relief to prevent the deportation of persons. Both times, the Court turned its face away from Justice.
30. The first it was about West African Nationals deported from the US. The refusal of the Court to grant the emergency relief, led the next day to the Republic quickly deporting the people to the Togo border and forcing them to run into Togo at Gun point.
31. The people heard this and did not care, for they were not Ghanaian.
32. Today, the same conduct has been repeated. This time against a Ghanaian.
33. Those who turn their face from Justice of their neighbours, would find Justice mute when they face injustice themselves.
34. May this 4th Republic not suffer the same fate as the 1st.