Let’s uphold our criminal justice system

A family aggrieved over the lack of clues about the identities of persons behind the murder of a relative has stirred controversy by choosing to consult the Nogokpo Shrine in the Volta Region occupied by the thunder god, Togbi Zakadza, for help in that respect.

The option is said to have been endorsed by the traditional authorities, namely the Dufia of Anloga and Dome Fiaga of the Anlo State, Togbi Zewu IV, with the relevant processes triggered to carry through the rituals to unravel the pending mystery.

Various circumstances surrounding the unfolding episode make the entire situation quite intriguing. While the resort to the deity via the virtual "trial by ordeal" tenets submerges the question of proof of culpability into the remit of spirituality, it also emphasises the lack of confidence in the criminal system to provide answers to the begging questions of the eatery operator's murder.

These were some of the old traditional practices of locals to unravel thorny mysteries. The deities were said to execute the verdicts in drastic forms, and were, therefore, feared by those who appeared before them.

Folklore abounds about confessions in the presence of the supposedly ruthless deities and their priests or the immediate consequences, including death, that some culprits who fell victim to the judgement of the gods endured.

What it means is that the "findings" of a shrine will have no basis (no legs to stand on) in the effort to prosecute and achieve justice in a formal court setting properly composed to deliver justice.

Ghana is a secular state and therefore people are allowed to practise whatever religion or faith they desire, so far as it does not affect public morality, health, security and the rights of others as stipulated in Article 21(4).

The use of traditional idols or "juju" to identify alleged murderers is not recognised as a legitimate method of investigation or evidence collection under the country's criminal justice system.

The Ghana Police Service and other law enforcement agencies are expected to conduct investigations using modern forensic techniques and evidence-based methods, rather than relying on traditional idols or "juju".

The Criminal Procedure Act, (Act 30), which governs the investigation and prosecution of crimes in Ghana, does not recognise the use of traditional idols or "juju" as a method of investigation or evidence collection.

Furthermore, the Evidence Act, 1975 (NRCD 323), which governs the admissibility of evidence in Ghanaian courts, does not recognise the use of traditional idols or "juju" as a form of evidence.

The country's criminal justice system is based on modern principles of evidence and due process and is intended to ensure that all accused persons receive a fair trial.

The 1992 Constitution of Ghana guarantees the right to a fair trial, including the right to be presumed innocent until proven guilty by a court of competent jurisdiction (Article 19, Clause 2).

Again, it is instructive to note that although such practices are termed as traditions which form part of the customary laws of the country and are therefore recognised under Article 11 of the 1992 Constitution, any unjust aspect of such a practice or tradition would be deemed unconstitutional under the same constitution.

The Daily Graphic notes that despite the seemingly unconstitutional practices by such shrines in the search for justice, it has become the last resort for many people seeking justice due to the challenges associated with the justice delivery system of the country.

Delays in the investigations and prosecution of cases, the inability of victims to access legal representations and allegations of corruption and unfairness have plagued the justice delivery system.

The Daily Graphic therefore appeals to all players in the justice delivery system to be up and doing and ensure that people receive justice as they deserve.

Without an efficient justice system, anarchy and chaos could be the order of the day.