this was my exact point to mr asare and arthur k.
the ruling was correct and the petition before us is a complete waste of time.
pnce again thanks for the clarification
this was my exact point to mr asare and arthur k.
the ruling was correct and the petition before us is a complete waste of time.
pnce again thanks for the clarification
Francis C. Quainoo 10 years ago
What I can contribute briefly on Kofi Ata's Article is that, he has correctly pointed out that the 1992 Constitution should have been amended to the extent that A President Should NOT be Sworn Into Office Where A Petition Has ... read full comment
What I can contribute briefly on Kofi Ata's Article is that, he has correctly pointed out that the 1992 Constitution should have been amended to the extent that A President Should NOT be Sworn Into Office Where A Petition Has Been Legally Filed Against Him/Her through the conduct of the Election, as we are witnessing now.
This does Not necessarily mean that the country could NOT be functioning or her Sovereignty affected since certain parameters could be instituted with Legal Powers for the time being.
This was an opportunity the late ATTA MYTHS had since the Constitutional Amendment Act fell within his ambit of Power, but one wonders whether the $7 Million spent on the "fake" Constitutional Review under the Leadership of Raymond Atubuga who now happens to be the Executive Secretary of President Mahama did address this issue.
Iam of the deepest opinion that the Thoughts of Rigging the 2012 Elections were orchastrated far before the Death of President ATTA MYTHS (May his soul Rest In Pieces).
It is thus one of the main reasons why the NDC decided NEVER to make his Autopsy Public, even though he was being paid by the Tax Payer.
Interesting how his wife NAADU MYTHS, could NOT ask for official Autopsy because MAHAMA had assured her " We Would Never Abandon You".
Like the Americans say, "Money Talks And Bullshit Walks".
End of the day, Ghanaians are to pay the price of the consequences of whatever decisions the Supreme Court arrives at.
IT IS NOT OVER, UNTIL IT IS OVER!!!!
Best Regards,
Francis C. Quainoo
Western Australia
Kalira 10 years ago
Quainoo, yours is thrash
Quainoo, yours is thrash
gg 10 years ago
Trash not thrash,
Trash not thrash,
Kakraba Cromwell 10 years ago
Mr Quainoo,
You did not address the points I made to mr Asare and arthur k.
For your information, i fought along side arthur k against rawlings till he left ghana into to exile.
Arthur k was a principled man who stood for ... read full comment
Mr Quainoo,
You did not address the points I made to mr Asare and arthur k.
For your information, i fought along side arthur k against rawlings till he left ghana into to exile.
Arthur k was a principled man who stood for the truth.
The issue here is the timing right for the mormah case? my answer is an unqualified yes!!!
I would not even bother to debate mr asare bcos his points where laborius and without merit.
so mr quainoo without insults and simple clear language dealing with the issue raised by the two gentlemen educated me on my mistakes
thank you
Nana Kofi Gyasi 10 years ago
THE END-VERDIT OF THE SUPREME COURT WILL BE STOLEN. BERNARD MORNAS CASE SHOWS WHAT TYPE OF JUDGES WE HAVE. THESE JUDGES ARE UNINTELLIGENT TRIBALISTIC, CORRUPT AND THEY DON,T THINK OF OUR COUNTRY. I SEE DANGER FOR GHANA IN ... read full comment
THE END-VERDIT OF THE SUPREME COURT WILL BE STOLEN. BERNARD MORNAS CASE SHOWS WHAT TYPE OF JUDGES WE HAVE. THESE JUDGES ARE UNINTELLIGENT TRIBALISTIC, CORRUPT AND THEY DON,T THINK OF OUR COUNTRY. I SEE DANGER FOR GHANA IN THE FUTURE.
Sugar Man 10 years ago
You call someone Dr., another Prof. but you do not say Mr. for the others. You must show consistency. Meanwhile those you titled did not use those titles in the said articles. The best thing was to have mentioned everybody's ... read full comment
You call someone Dr., another Prof. but you do not say Mr. for the others. You must show consistency. Meanwhile those you titled did not use those titles in the said articles. The best thing was to have mentioned everybody's name without any titles. That wouldn't render your article any less important. People will still judge it by the strength of the arguments adduced and not by the number of titled persons mentioned. But you're a Ghanaian with an excessive respect for (and awe of) titles. And since you seemingly do not carry one yourself, you must constantly tell us in all your articles about your work training magistrates in the UK. That is the source of your authority for the pronouncements you make on the law.
I don't see why you cannot make arguments that stand on their own without trying to legitimize yourself by appealing to something that may not be needed for the argument itself.
Kofi Ata, Cambridge, UK 10 years ago
I introduced Gabby as a Barrister and Director of the Danquah Institute and the other guy as a Law student. Are these not enough just because I failed to address them as Mr? Again, what is wrong with calling Arthur Kennedy Dr ... read full comment
I introduced Gabby as a Barrister and Director of the Danquah Institute and the other guy as a Law student. Are these not enough just because I failed to address them as Mr? Again, what is wrong with calling Arthur Kennedy Dr and Stephen K Asare Prof? These are facts and I see no reason to be apologetic about that. In fact, I do not refer to Stephen Kwaku Asare as Prof in our regular discussions. As my classmate in two secondary schools in Ghana we call each other by our pseudonym names when we were in Sixth Form at St Peters's though he prefers to use his pseudonym name at Augustine's. It's a mark of respect for them.
I am not worried about not carrying any professional or academic titles and indeed, we all cannot carry such titles.
Sugar Man 10 years ago
My problem is that you should show consistency in how you address those whose articles you refer to. You either give them all a title or just do away with the titles (my preferred option). As a Ghanaian living in the UK, you ... read full comment
My problem is that you should show consistency in how you address those whose articles you refer to. You either give them all a title or just do away with the titles (my preferred option). As a Ghanaian living in the UK, you should help in reducing our attitude of excessive and fawning respect for titles (at the expense of the actual do). As for if Asare was your mate and you're on nickname terms with him, it's not really here or there for those who read the article.
My second concern is that the validity of the arguments you present in the piece does NOT rest or fall on the titles you give your referents or the previous work you've done. Even if you didn't instruct UK magistrates, you could still present valid arguments on a legal issue.
You don't have to apologize for anything. Just cut out the excesses of Dr this, Prof that or student this! This is "just" ghanaweb, for God's sake!!!
Akwaasi 10 years ago
Educative, constructive read, Kofi
Educative, constructive read, Kofi
Kwaku Darling 10 years ago
"First, both Nana Akufo Addo (the lead petitioner) and President Mahama (the first respondent) have promised to accept the decision of the Supreme Court and I believe this ruling should not change those positions"-KOFI ATA
... read full comment
"First, both Nana Akufo Addo (the lead petitioner) and President Mahama (the first respondent) have promised to accept the decision of the Supreme Court and I believe this ruling should not change those positions"-KOFI ATA
Kofi, you are very wrong here. Mahama is NOT his own man. Asiedu Nkatia, Ato Dadzie, Tsatsu and co will insist on a review should they lose the case.
You contradict yourself by claiming that this action was not brought by a private citizen but with the tacit or active participation of the executive. Do you think that if the executive sponsored this USELESS challenge, they will accept the supreme court ruling should they lose the presidential petition case?
Don Blunt 10 years ago
Yes. Mr. Kofi Atta is wrong!!!
Is there really a higher instance than the Supreme Court in our Country? (apart from those powerful Deputy Politicians?)
The fact that some warped trash stands in the flawed 1992 Constitut ... read full comment
Yes. Mr. Kofi Atta is wrong!!!
Is there really a higher instance than the Supreme Court in our Country? (apart from those powerful Deputy Politicians?)
The fact that some warped trash stands in the flawed 1992 Constitution does not mean the Supreme Court shall "review, and review, ... its rulings until a political party is satisfied with the rulings.
The fate of Ghana should not depend on the promise of two individuals to abide by a Supreme Court ruling.
How could the Constitution render the Supreme Court such invalidity?
To me, the Constitution could have been better written by second year Students of a British University instead of so called 'Top Lawyers' whether they call themselves Tsatsus or Obeds or whatever.
But, sad of it all is for a modern day Atta Kofi to defend this rubbish, just because some dishonest Ghanaians(?) have written it down, and no Ghanaian is bold enough to reject it
kelvin atta-peters 10 years ago
Am really impressed and surprised a fellow Ghanaian can write a piece on politics without one seeing where they stand.... I really enjoyed reading article and thanks for taking your time to do a great job. keep it up
Am really impressed and surprised a fellow Ghanaian can write a piece on politics without one seeing where they stand.... I really enjoyed reading article and thanks for taking your time to do a great job. keep it up
Paul Amuna 10 years ago
Kofi, once again you have provided a succinct and insightful analysis of this case and I agree with you entirely. I believe Dr Kennedy, Otchere-Darku and Prof. Asare should learn from this. It is dangerous when party politica ... read full comment
Kofi, once again you have provided a succinct and insightful analysis of this case and I agree with you entirely. I believe Dr Kennedy, Otchere-Darku and Prof. Asare should learn from this. It is dangerous when party political considerations cloud people's vision and their approach to matters of national importance.
A mark of maturity and intellect is where people admit they were wrong and learn from their mistakes. Your analysis is fair, unbiased and indeed you point out some potential issues bothering e.g. on a conflict of interest involving the Executive, but ultimately when 'bad laws' are passed without proper scrutiny from parliament, you get CI.74 and the like. I am immensely proud of you. Bravo!!
LONTO-BOY 10 years ago
MASSA KOFI, this is reasonably sensible, articulate, objective, analytical and very impressive piece. In the face of the different viewpoints on the Mornah ruling by the country's Supreme Court on the on-going electoral petit ... read full comment
MASSA KOFI, this is reasonably sensible, articulate, objective, analytical and very impressive piece. In the face of the different viewpoints on the Mornah ruling by the country's Supreme Court on the on-going electoral petition, and whether we agree or disagree with the interpretation, timing and intent of that ruling, the Supreme Court ruling is healthy for the country's democracy and civil liberties. Yes, it raises the possibility and suspicion that either the NDC or NPP could ask for re-hearing or appeal of the verdict on the Presidential petition leading to protracted court case. However, we shouldn't sidestep basic legal/judicial and civil liberties on the grounds of political expediency.
Effectively, the Supreme Court judges simply interpreted the law in accordance with Ghana's constitution. If there're certain grey areas and implications in this ruling on the electoral petition, we should rather blame the framers of the constitution, and not the judges! It's the country's Parliament that made this law, not the judges.
Kofi Ata, Cambridge, UK 10 years ago
LONTO-BOY, I hope you are well and fit. You have been missing in action on Ghanaweb for sometime. Too busy to have time for Ghanaweb? My daughter recently suggested that I keep away from Ghanaweb for a week. When I agreed on ... read full comment
LONTO-BOY, I hope you are well and fit. You have been missing in action on Ghanaweb for sometime. Too busy to have time for Ghanaweb? My daughter recently suggested that I keep away from Ghanaweb for a week. When I agreed on condition that she also kept away from her mobile for a day, she said, no way. So I continue to check Ghanaweb daily. Though, sometimes some news reports can be depressing, at least, I know what is happening in Ghana.
Enjoy the bank holiday.
The Auditor 10 years ago
Kofi, I disagree with you that allowing up to 21 days to lodge petition against the declaration of presidential results. The fact is a true grievance should have been largely quantifiable within a day or two of any election. ... read full comment
Kofi, I disagree with you that allowing up to 21 days to lodge petition against the declaration of presidential results. The fact is a true grievance should have been largely quantifiable within a day or two of any election. The problem is sore losers going on an extended fishing expedition simply to hold the country to ransom. On this occasion if the vote tallies were wrong, for example, a supreme court intervention could have been enlisted long before the statutory date of inaugurating a president.
The anomaly is to permit a petition to be filed after a lengthy trouble shooting and then amend the pleadings and affidavits as we go along and expect the country to wait for a judgement. At the moment, unless the preponderance of the evidence in these pink sheets are convincing, it is clear to any genuine observer that the petitioners are up against it.
Kwaku Azar 10 years ago
Kofi
The hierarchy of laws is not to be applied to subvert the constitution. It is true that statutes generally occupy a higher hierarchy than instruments. But the subject matter is extremely important when applying this h ... read full comment
Kofi
The hierarchy of laws is not to be applied to subvert the constitution. It is true that statutes generally occupy a higher hierarchy than instruments. But the subject matter is extremely important when applying this hierarchy.
The constitution reserves the power to regulate court procedures in the bosom of the rule of court committee. Thus, in matters regulating court procedures, statutes do not have precedence over instruments on court reguations. Not only that parliament has zero power to regulate the court.
This is why the several exceptions in the Holiday Act does not address the judicary.
The judiciary has its own calendar and holidays but is actually at work 365 days a year. Justice does not go on holidays in as much as injustice too is not subject to thebpublic holiday Act.
Any court can and must sit on any day if doing so serve the ends of justice.
Kakraba Cromwell 10 years ago
Dear Kwaku Azar,
how is the hierarchy of laws going to subvert the constitution?
mornah ruling was correct in timing and substance unless there are other factors which i am not aware of. if so please educate me
Dear Kwaku Azar,
how is the hierarchy of laws going to subvert the constitution?
mornah ruling was correct in timing and substance unless there are other factors which i am not aware of. if so please educate me
BOY KOFI 10 years ago
Nana Addo should just withdraw his case in the interest of his party.So far,we the ordinary guys now understand that the NPP's mountain of evidence has only proved that Prez Mahama did not steal any vote from Nana Addo.For me ... read full comment
Nana Addo should just withdraw his case in the interest of his party.So far,we the ordinary guys now understand that the NPP's mountain of evidence has only proved that Prez Mahama did not steal any vote from Nana Addo.For me,what is important in this case is the truth.Did Prez Mahama steal Nana Addo's votes,yes or no?Bawumia has said in court that Prez Mahama did nothing wrong so what is this unproductive petition for?This should be enough for Nana Addo to step aside in the interest of his party.The NPP's new strategy of attacking the institutions in Ghana is worrisome.They have attacked the president,the parliament,the electoral commission,the police and now the Supreme Court so what do they want?They are seriously damaging the party and I think they should change Nana Addo for the best interest of their party.If NPP has no confidence in the Supreme Court then what else do they want to tell us?.Thank you.
Whatever 10 years ago
The knee-jerk reactions of Gabby and Arthur Kennedy are all frustrations of a group who have just seen the only aerial screw holding the top part of their propaganda unsecured by the law. Since when did petitions became an ... read full comment
The knee-jerk reactions of Gabby and Arthur Kennedy are all frustrations of a group who have just seen the only aerial screw holding the top part of their propaganda unsecured by the law. Since when did petitions became an overriding considerations in the determination of the locus of a conflicting law which is null and void at default? the conversation impliedly about the force of a petition is alien to the supreme law. A petition is NOT a law. The rule of court is NOT part of the supreme law or acts of parliament and if it conflicts with them, it becomes void. We should be bold and dismiss insanities outright
Zana 10 years ago
I very much like your objectivity and your stance on the whole issue most importantly they way you presented issues. I obviously cannot see any reason why the ruling of the Mornah's case affect the current petition before the ... read full comment
I very much like your objectivity and your stance on the whole issue most importantly they way you presented issues. I obviously cannot see any reason why the ruling of the Mornah's case affect the current petition before the Supreme Court. I want to believe Authur Kennedy, Gabby Otchere Darko and Prof. Asare would read this piece and see the sense in issues you have raised and also learn how to be objective in their write up. Congrats my friend who is learned.
KB 10 years ago
Once again Kofi Ata has proven that there are still some intelligent educated Ghanaians out there who can give insightful, objective analyses without any political colouration. Continue to get us out from this NPP/NDC madness ... read full comment
Once again Kofi Ata has proven that there are still some intelligent educated Ghanaians out there who can give insightful, objective analyses without any political colouration. Continue to get us out from this NPP/NDC madness.
j.t 10 years ago
EXCELLENT ARTICLE BUT I DISAGREE WITH YOU ON THE GROUNDS YOU RAISED ABOUT THE EXECUTIVE SUPPORTING THIS CITIZEN ONLY TO TURN ROUND TO PRETEND TO DEFEND THE CASE
EXCELLENT ARTICLE BUT I DISAGREE WITH YOU ON THE GROUNDS YOU RAISED ABOUT THE EXECUTIVE SUPPORTING THIS CITIZEN ONLY TO TURN ROUND TO PRETEND TO DEFEND THE CASE
this was my exact point to mr asare and arthur k.
the ruling was correct and the petition before us is a complete waste of time.
pnce again thanks for the clarification
What I can contribute briefly on Kofi Ata's Article is that, he has correctly pointed out that the 1992 Constitution should have been amended to the extent that A President Should NOT be Sworn Into Office Where A Petition Has ...
read full comment
Quainoo, yours is thrash
Trash not thrash,
Mr Quainoo,
You did not address the points I made to mr Asare and arthur k.
For your information, i fought along side arthur k against rawlings till he left ghana into to exile.
Arthur k was a principled man who stood for ...
read full comment
THE END-VERDIT OF THE SUPREME COURT WILL BE STOLEN. BERNARD MORNAS CASE SHOWS WHAT TYPE OF JUDGES WE HAVE. THESE JUDGES ARE UNINTELLIGENT TRIBALISTIC, CORRUPT AND THEY DON,T THINK OF OUR COUNTRY. I SEE DANGER FOR GHANA IN ...
read full comment
You call someone Dr., another Prof. but you do not say Mr. for the others. You must show consistency. Meanwhile those you titled did not use those titles in the said articles. The best thing was to have mentioned everybody's ...
read full comment
I introduced Gabby as a Barrister and Director of the Danquah Institute and the other guy as a Law student. Are these not enough just because I failed to address them as Mr? Again, what is wrong with calling Arthur Kennedy Dr ...
read full comment
My problem is that you should show consistency in how you address those whose articles you refer to. You either give them all a title or just do away with the titles (my preferred option). As a Ghanaian living in the UK, you ...
read full comment
Educative, constructive read, Kofi
"First, both Nana Akufo Addo (the lead petitioner) and President Mahama (the first respondent) have promised to accept the decision of the Supreme Court and I believe this ruling should not change those positions"-KOFI ATA
...
read full comment
Yes. Mr. Kofi Atta is wrong!!!
Is there really a higher instance than the Supreme Court in our Country? (apart from those powerful Deputy Politicians?)
The fact that some warped trash stands in the flawed 1992 Constitut ...
read full comment
Am really impressed and surprised a fellow Ghanaian can write a piece on politics without one seeing where they stand.... I really enjoyed reading article and thanks for taking your time to do a great job. keep it up
Kofi, once again you have provided a succinct and insightful analysis of this case and I agree with you entirely. I believe Dr Kennedy, Otchere-Darku and Prof. Asare should learn from this. It is dangerous when party politica ...
read full comment
MASSA KOFI, this is reasonably sensible, articulate, objective, analytical and very impressive piece. In the face of the different viewpoints on the Mornah ruling by the country's Supreme Court on the on-going electoral petit ...
read full comment
LONTO-BOY, I hope you are well and fit. You have been missing in action on Ghanaweb for sometime. Too busy to have time for Ghanaweb? My daughter recently suggested that I keep away from Ghanaweb for a week. When I agreed on ...
read full comment
Kofi, I disagree with you that allowing up to 21 days to lodge petition against the declaration of presidential results. The fact is a true grievance should have been largely quantifiable within a day or two of any election. ...
read full comment
Kofi
The hierarchy of laws is not to be applied to subvert the constitution. It is true that statutes generally occupy a higher hierarchy than instruments. But the subject matter is extremely important when applying this h ...
read full comment
Dear Kwaku Azar,
how is the hierarchy of laws going to subvert the constitution?
mornah ruling was correct in timing and substance unless there are other factors which i am not aware of. if so please educate me
Nana Addo should just withdraw his case in the interest of his party.So far,we the ordinary guys now understand that the NPP's mountain of evidence has only proved that Prez Mahama did not steal any vote from Nana Addo.For me ...
read full comment
The knee-jerk reactions of Gabby and Arthur Kennedy are all frustrations of a group who have just seen the only aerial screw holding the top part of their propaganda unsecured by the law. Since when did petitions became an ...
read full comment
I very much like your objectivity and your stance on the whole issue most importantly they way you presented issues. I obviously cannot see any reason why the ruling of the Mornah's case affect the current petition before the ...
read full comment
Once again Kofi Ata has proven that there are still some intelligent educated Ghanaians out there who can give insightful, objective analyses without any political colouration. Continue to get us out from this NPP/NDC madness ...
read full comment
EXCELLENT ARTICLE BUT I DISAGREE WITH YOU ON THE GROUNDS YOU RAISED ABOUT THE EXECUTIVE SUPPORTING THIS CITIZEN ONLY TO TURN ROUND TO PRETEND TO DEFEND THE CASE