Kwaku you are right on your points and we dearly want the Atuguba's bully supreme court to answer us the good people of ghana
Kwaku you are right on your points and we dearly want the Atuguba's bully supreme court to answer us the good people of ghana
KOLA ,LONDON PROPER 10 years ago
BOMDED AND CHOKED
The fool is telling you to do your home work to find the 'difference b/n Devaluation and Depreciation of money as you BOMDED AND CHOKED on the two...hahahahaha
BOMDED AND CHOKED
The fool is telling you to do your home work to find the 'difference b/n Devaluation and Depreciation of money as you BOMDED AND CHOKED on the two...hahahahaha
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SGT ANANI FIADZOE 10 years ago
We must thank the President of the SC for succeeding in taming the lawlessness that engulfed Ghana. Even Sir John is running away like a frightened dog with its tail between its legs! I am terribly shocked at the braggart Sir ... read full comment
We must thank the President of the SC for succeeding in taming the lawlessness that engulfed Ghana. Even Sir John is running away like a frightened dog with its tail between its legs! I am terribly shocked at the braggart Sir John being so scared as to be vigorously denying his own statement on radio!! He is so scared to death that he claims Radio Gold superimposed someone's voice over the hate speech!
Sir John has disappointed me with his cowardice!!!!
JOE ATISO 10 years ago
I'LL BET MY LAST DOLLAR THAT YOU ARE CLUELESS AS TO WHAT CONSTITUTES LAWLESSNESS.THE SO-CALLED ATUBUGA'S HIGHEST COURT OF THE LAND IS NOTHING BUT A COURT OF INQUISITION. A COURT THAT IS FAR MORE CONCERNED WITH PUBLIC OUTCRY O ... read full comment
I'LL BET MY LAST DOLLAR THAT YOU ARE CLUELESS AS TO WHAT CONSTITUTES LAWLESSNESS.THE SO-CALLED ATUBUGA'S HIGHEST COURT OF THE LAND IS NOTHING BUT A COURT OF INQUISITION. A COURT THAT IS FAR MORE CONCERNED WITH PUBLIC OUTCRY OF ITS LACK OF IMPARTIALITY OF THIS LANDMARK CASE NEEDS FEARLESS PUBLIC FIGURES LIKE SIR JOHN,SAMMY AWUKU, KEN KURANCHIE, AND PROF ASARE TO CONSTANTLY REMIND THIS ACTIVIST COURT OF ITS WAYWARDNESS.SIR JOHN IS NO COWARD BY ANY ESTIMATION SO GET IT RIGHT!MARK MY WORDS, THIS NDC-CLOTHED PRESIDENT OF THE SUPREME COURT JUSTICE CAN HAVE HIS WAY WITH THE LARGELY DOCILE GHANAIAN PUBLIC BUT CANNOT TAME THEM ALL.....
Bimpong 10 years ago
Yes, Joe, some applaud the intimidating display of Atuguba and co to people sharing their thoughts and given no witness due process! Such individuals should bury their heads in shame if ever they condemned military dictatorsh ... read full comment
Yes, Joe, some applaud the intimidating display of Atuguba and co to people sharing their thoughts and given no witness due process! Such individuals should bury their heads in shame if ever they condemned military dictatorship!
We are witnessing blatant display of misplaced power hiding under legality! You see human instinct knows no bounds, be it military or civilian. If allowed to flourish can be devastating . We need to stand up against this "awesome" interpretation of the law by Atuguba and co!
JOE ATISO 10 years ago
YOU HIT IT ON THE NAILS HEAD WITH YOUR SAVVY COMMENTS. THERE ARE THOSE WHO ARE ABOARD THE BANDWAGON OF TREACHERY AND BUFFOONERY THAT IS SWEEPING THE COUNTRY WHO ARE NOT PAUSING TO THINK HOW IT WOULD FEEL WHEN THE SHOE IS ON T ... read full comment
YOU HIT IT ON THE NAILS HEAD WITH YOUR SAVVY COMMENTS. THERE ARE THOSE WHO ARE ABOARD THE BANDWAGON OF TREACHERY AND BUFFOONERY THAT IS SWEEPING THE COUNTRY WHO ARE NOT PAUSING TO THINK HOW IT WOULD FEEL WHEN THE SHOE IS ON THE FOOT. THIS ATUBUGA IS AN NDC ACTVIST JUDGE AND THERE IS NO DOUBT ABOUT THAT!LET'S ALL WAIT TO SEE HIS NEXT MOVE NOW THAT WE HAVE EXPERT MEMBER OF THE ACADEMIA LIKE PROF ASARE STIRRING THE POT. THE RELENTLESS EFFORT TO KEEP THIS WAYWARD COURT IN CHECK WILL NOT STOP UNTIL SANITY AND ORDER IS RESTORED!
Bimpong 10 years ago
Joe, you know we all respect the highest court of the land. We certainly do. But we must ensure the right thing is done the right way and never allow the subjective interpretations of one or two "legal" brains decide for over ... read full comment
Joe, you know we all respect the highest court of the land. We certainly do. But we must ensure the right thing is done the right way and never allow the subjective interpretations of one or two "legal" brains decide for over 20 million people! And more so when the decision is premised on incomplete application of the Constitution.
The best bet is to apply the tenets of the Constitution in whole not in part.
The issue at stake is not about partisan politics; it's all about the nation, its future not retracting into the yonder years of brutal dictatorship. If someone is wrong, let DUE process of the law have its just cause.
Mohammed Dimbie 10 years ago
This accouinting professor is venturing into a strange field (law) that he knows little about. The justices at the Supreme Court are eminent legal brains who don't care a fig about your drivel. Wait till they haul you before ... read full comment
This accouinting professor is venturing into a strange field (law) that he knows little about. The justices at the Supreme Court are eminent legal brains who don't care a fig about your drivel. Wait till they haul you before them to be drilled and grilled. If you doubt it, ask Kwadwo Owusu Afriyie, the chief comedian of the NPP's "Concert Party"..
Yaw Poku, USA 10 years ago
Listen to this dimwit.
Listen to this dimwit.
A. Nyamaa 10 years ago
Mr. Dimbie
You cannot be serious!
Kwaku Asare is arguing that it is wrong to use anthing coming from the Informer and Radio Gold to jail people without according them due process and you call it "drivel"
If some NDC ... read full comment
Mr. Dimbie
You cannot be serious!
Kwaku Asare is arguing that it is wrong to use anthing coming from the Informer and Radio Gold to jail people without according them due process and you call it "drivel"
If some NDC madman is planning to decapitate people if the SC upholds the claims of the petitioners, is that not a matter for the security services?
The question of averting civil srife or even war,is a matter for the security services and they get paid and are given powers and resources to do that.
This SC panel is arrogating unto itself powers they do not have and you do not need to be a legal luminary to understand that.
John Anamse 10 years ago
If the Supreme Court of The Land is trying such a matter of Natitonal Importance and has found it necessary to lay proceedures guiding the trial which are different and contrary to normal judicial processes, then why can't th ... read full comment
If the Supreme Court of The Land is trying such a matter of Natitonal Importance and has found it necessary to lay proceedures guiding the trial which are different and contrary to normal judicial processes, then why can't they make special rules guiding contempt of court proceedings which is an off-shoot of the main case.
If you expect normal court rules to guide contempt of court in relation to this case then you should equally be questioning why there are new rules of court proceedings in the main case.
Bimpong 10 years ago
Shame! Legal brains yes. But due process must be followed! So stop raining insults on someone sharing his thoughts. Who knows? The legal brains may be wrong in some contexts!
Shame! Legal brains yes. But due process must be followed! So stop raining insults on someone sharing his thoughts. Who knows? The legal brains may be wrong in some contexts!
Prof Lungu 10 years ago
As usual, the best arguments and most critical questions come from Professor Kwaku Asare.
As usual, the best arguments and most critical questions come from Professor Kwaku Asare.
Kakraba Cromwell 10 years ago
Are you sure?
In all his arguments Asare has cleverly taking out "the responsibility of statements" as if the two are mutually exclusive.
He must learn to be intellectually HONEST!!!
Are you sure?
In all his arguments Asare has cleverly taking out "the responsibility of statements" as if the two are mutually exclusive.
He must learn to be intellectually HONEST!!!
KOFITSE 10 years ago
The Justices of the Supreme Court have shown themselves willing to foray into the public domain to extract "miscreants" interfering with the administration of justice.
It would be instructive to see whether they exercise ... read full comment
The Justices of the Supreme Court have shown themselves willing to foray into the public domain to extract "miscreants" interfering with the administration of justice.
It would be instructive to see whether they exercise the same curiosity with regards to concerns about their manner of administering justice and flouting individual rights under the constitution.
Prof Lungu 10 years ago
KOFITSE,
You make a good point!
Does the S/C have the same capability to soberly reflect on the manner they are "flouting individual rights under the constitution," and arrest their intemperate actions?
KOFITSE,
You make a good point!
Does the S/C have the same capability to soberly reflect on the manner they are "flouting individual rights under the constitution," and arrest their intemperate actions?
Al Gashari 10 years ago
Prof Lungu, you seem to so easily swallow Asare's "sweet" talk. If you read all his arguments, this man is NOT impartial. For everything he argues, he seems to think the NPP really won the last elections and has a case that s ... read full comment
Prof Lungu, you seem to so easily swallow Asare's "sweet" talk. If you read all his arguments, this man is NOT impartial. For everything he argues, he seems to think the NPP really won the last elections and has a case that should be decided in their favour. Asare is not an honest broker!!!
Even the lay person (one who has not read a single law book) sees that it is difficult to decide who actually won the last elections not because either side cheated (yes, they both did) but because the logistics and organisation of the whole election was so poor that in a closely fought fight, it was difficult to declare a very clear winner. Asare is not thinking along these lines.
Prof Lungu, in Law, you can, in principle, argue for any side. That is why the Law is called an ass and that is one of the reasons (there are others) why even known assassins are given defence lawyers. In this Supreme Court petition case, Asare has all the time been arguing more according to his political convictions than to the letter of the law.
Don't let his being a prof of business deceive you.
... 10 years ago
Al Ghasari,
I couldn’t agree with you more. Prof Asare has never hidden his NPPship. And to buttress his NPP leaning and his partiality just go back and read his stand on coups in Ghana, he claims all coups are illegimate ... read full comment
Al Ghasari,
I couldn’t agree with you more. Prof Asare has never hidden his NPPship. And to buttress his NPP leaning and his partiality just go back and read his stand on coups in Ghana, he claims all coups are illegimate apart from the 24th February that removed Nkrumah. What, can he be serious? A coup that removes a legitimate govt should be illegal but NOT in Prof. Asare’s mind. So what you're saying about his stand on the outcome of the electins is the gospel truth.
Agya_Manso 10 years ago
The same cloth. Until recently,I though Prof Lungu was merely a FOI advocate until he 'outed' himself in one of his postings.
You see, Kwaku Azar and friends like Lungu,who live thousands of miles away from Ghana,have consti ... read full comment
The same cloth. Until recently,I though Prof Lungu was merely a FOI advocate until he 'outed' himself in one of his postings.
You see, Kwaku Azar and friends like Lungu,who live thousands of miles away from Ghana,have constituted themselves into a cabal of diaspora 'NPP proxy fighters',engaged in a rear-guard battle.
How can individuals who exhibit 'tunnel vision' be considered as "honest broker[s]" in any arguments they put forward?
Anybody who watched Azar`s well-orchestrated intervention on JoyFM`s NewsFile programme must have seen what the guy is really all about. Having depicted the Presding Judge,Justice Atubuga as a LIAR,by openly challenging to him reveal the identities of all those who he(Atubuga)claims have written to thejudges, he attempted to seek refuge in a rather nebulous and dubious distiction he tried to draw between writing a "letter" and addressing a "petition" to a court or Judge. And who does he think he can deceive with those bogus attempts by his group to have the CJ and some other Justices to 'seize' control of the proceedings,simply because they are not 'pleased' with the turn of events?
Even before the trial started,did this same individual, and friends of his, not write articles setting out a one-sided case for the petitioners,and then more or less, 'invite' the court to assess the case on their terms?
committed as he Asare is to the NPP`s victory in this case, why does he not hop on a plane, and take centre stage in these hearing at the SC in Accra,so he can better articulate many of these bizarre ideas in person? By doing this, hewould not only save the NPP money,but wll bring them the 'victory' all of them are yearning for!
Prof Lungu 10 years ago
Go back and review our position essays on Ghanaweb since 2007. We approach these cases with a Ghana-centered perspective and a critical mind, every time.
In the first place, we've never commented on who won/may have won t ... read full comment
Go back and review our position essays on Ghanaweb since 2007. We approach these cases with a Ghana-centered perspective and a critical mind, every time.
In the first place, we've never commented on who won/may have won the last election. We've never had a dog in this "fight" and never will. In fact, it does not matter to us who is declared/confirmed winner in the end, except the S/C panel ought to be seen as impartial, reflective, and thoughtful.
In order words, all our statements have been related to the saga of the contempt citations.
We've argued that it is illegal and a total waste of the Peoples' time to the extent the so-called contempt statements were made outside the S/C court, persons charged/indicted/sentenced/imprisoned are private citizens or members of the media with absolutely no business before Atuguba.
Atuguba and gang are abusing their power and the trust of the people.
Freedom of speech ought to mean something to every critical mind as far as these contempt citations go!
Again, Atuguba and gang are abusing their power and the trust of the people. This is the commonality of Professor Asare's stance, and ours.
Thanks.
Agya_Manso 10 years ago
Meeting of the mind between you folks,why don`t you guys dispatch Azar to save Owusu Afriyie, who has an impending 'date' with the panel. It appears no Attorney wants to have anything to do with this fella who has become too ... read full comment
Meeting of the mind between you folks,why don`t you guys dispatch Azar to save Owusu Afriyie, who has an impending 'date' with the panel. It appears no Attorney wants to have anything to do with this fella who has become too 'radioactive'
for many in the legal fraternity; even those from the NPP.
Al Gashari 10 years ago
One thing I can say of Prof Lungu is that he is not pro-NPP, neither is he an NDC man. He is, actually, a CPP man and seems to like a good and fair argument. That is why I am surprised at his stance on Asare's argument. I gue ... read full comment
One thing I can say of Prof Lungu is that he is not pro-NPP, neither is he an NDC man. He is, actually, a CPP man and seems to like a good and fair argument. That is why I am surprised at his stance on Asare's argument. I guess he thinks Asare makes a good argument but has brushed aside the fact that Asare's arguments aren't fair at all. He, Asare, on ghanaweb is arguing like an NPP attorney rather than the mere explication of the law. Those of us who want try hard to be neutral are not deceived. Asare is just a more sophisticated version of Adofo Rockson, Margaret Jackson or Akua Tweneboa. They all chose which side of a partisan case to argue for - before looking at the evidence!!!
JUSTINE 10 years ago
ALL THESE LONG ESSAYS AND COMMENTS ARE MEANT TO SLOW DOWN THE JUSTICES OR SILENCE THEM SO THAT STUPID PEOPLE CAN CONTINUE TO WRITE NONSENSE TO CONFUSE US. IN A WAY THE JUSTICES ARE ABOVE THE LAW, LIKE DOCTORS. WHEN YOU LIE ON ... read full comment
ALL THESE LONG ESSAYS AND COMMENTS ARE MEANT TO SLOW DOWN THE JUSTICES OR SILENCE THEM SO THAT STUPID PEOPLE CAN CONTINUE TO WRITE NONSENSE TO CONFUSE US. IN A WAY THE JUSTICES ARE ABOVE THE LAW, LIKE DOCTORS. WHEN YOU LIE ON THAT HOSPITAL BED THEY TAKE THEIR KNIVES AND CUT YOU OPEN WITHOUT ASKING PERMISSION FROM GOD WHO CREATED YOU. THEY MAY LEAVE THE SURGERY KNIFE IN YOUR STOMACH AND SEAL IT UP AND THEY WALK AWAY. IF YOU DIE YOUR RELATIVES MAY SUE THE DOCTOR AND THE CASE MAY END UP IN COURT. THE JUSTICES LOOK THROUGH THE FACTS AND LAW AND DECIDE THAT THE DOCTOR HAS DONE NO WRONG AND THAT IS THE END OF THE MATTER. IN THE RECENT PAST WE ALL SAW THE JUSTICES GIVING SOME STRANGE VERDICTS TO FAVOUR SOME POLITICAL PEOPLE. IN FACT THE NPP WENT TO COURT WITH THIS ELECTION CASE BELIEVING THAT THE JUSTICES WILL USE THIS "ABOVE THE LAW" THING TO HELP THEM. IN A WAY THE JUSTICE SYSTEM IS SUCH THAT THERE IS AN ABOVE THE LAW THING IN THERE. HAVE YOU HEARD THAT ZIMMERMAN HAS BEEN DECLARED NOT GUILTY FOR KILLING THAT TEENAGER. THE LAW IS AN ASS AND THE JUSTICE SYSTEM DOES NOT BRING ABSOLUTE JUSTICES AND THE JUSTICES ARE ABOVE THE LAW. IF YOU JOKE WITH THEM THEY WILL SEND YOU TO AKUSE OR HO OR NSAWAM
' and Jesus wept ' 10 years ago
A new sheriff is in town. And those days when cocain morphosed into kokonte is over. Let's go home and regroup for 2016.
A new sheriff is in town. And those days when cocain morphosed into kokonte is over. Let's go home and regroup for 2016.
Ajavuk Da Jajak 10 years ago
This piece is not worth the trouble of further comment because it is obvious that the writer does not understand what is meant by "Supreme Court of the Land"? The only person above the Jutices hearing the case of the Petition ... read full comment
This piece is not worth the trouble of further comment because it is obvious that the writer does not understand what is meant by "Supreme Court of the Land"? The only person above the Jutices hearing the case of the Petitioners is the CJ. Period. Any elementary school pupil knows this. Neither the Jutices nor the CJ are above the law. They are custodians of it and apply it to the benefit of all and Ghana in particular. (By the way, Who is above the Asantehene when he plays the role of jury, judge and Chief over his people?) Now, I sense the Furies coming! Where is my armoured-plated coat?
Me4U 10 years ago
The only piece or comment that is not worth reading is from Ajavuk Da Jajak (and I apologize I read the comment only to realize I should not have).
The only piece or comment that is not worth reading is from Ajavuk Da Jajak (and I apologize I read the comment only to realize I should not have).
Ajavuk Da Jajak 10 years ago
Point noted and apology accepted. Nobody likes the truth, you see. Burying one's head in sand has become the norm.
Point noted and apology accepted. Nobody likes the truth, you see. Burying one's head in sand has become the norm.
JOE ATISO 10 years ago
STOP MAKING A FOOL OF YOURSELF BY WRITING THESE SENSELESS COMMENTS. WHAT IS REALLY MISSING FROM THIS CAREFULLY DETAILED PIECE BY PROF ASARE TO OUR SO-CALLED SUPREME COURT THAT IS ABUSING THE POWERS CONFERRED ON IT BY THE DISC ... read full comment
STOP MAKING A FOOL OF YOURSELF BY WRITING THESE SENSELESS COMMENTS. WHAT IS REALLY MISSING FROM THIS CAREFULLY DETAILED PIECE BY PROF ASARE TO OUR SO-CALLED SUPREME COURT THAT IS ABUSING THE POWERS CONFERRED ON IT BY THE DISCERNING PUBLIC? AN IDIOT LIKE YOU WOUD NOT FIND ANYTHING WRONG WITH THE THUG JJ RAWLINGS PNDC KANGAROO COURTS OF YESTERYEARS. ATUBUGA'S SUPREME COURT IS FAR LEANING TOWARDS THAT WAYWARD DIRECTION AND NEEDS TO BE TAMED....
Ajavuk Da Jajak 10 years ago
It is a pity that you are the kind of person who claims to be intelligent. You seem notorious for the harmlessness of the venom you spew out of the coconut shell filled with salt water that you carry as a head. There is just ... read full comment
It is a pity that you are the kind of person who claims to be intelligent. You seem notorious for the harmlessness of the venom you spew out of the coconut shell filled with salt water that you carry as a head. There is just one phrase for the likes of you. A brainless mass of empty pigheadedness! I enjoy reading from you, buddy! I comforts me that God made someone like you, evidently not in his own image, so that I can, at least, boast that I am not like Joe Atiso!
Agya_Manso 10 years ago
Let`s see if Atiso can recover from this potential TKO.
Let`s see if Atiso can recover from this potential TKO.
Kojo Menka, Bremen, Germany 10 years ago
Sorry it seems rhew writer's understanding of law looked so shallow. He could lead this crusade in the USA and see whether it can be appreciated. Your political leaning made nonsense of all the analyses and theories you tried ... read full comment
Sorry it seems rhew writer's understanding of law looked so shallow. He could lead this crusade in the USA and see whether it can be appreciated. Your political leaning made nonsense of all the analyses and theories you tried to force on your readers. Concentrate on your accounting and auditing profession and leave the law for deep thinkers.
D. A. Issah 10 years ago
I think this writer needs a bit of legal education and enlightenment. The judges wield ultimate Power to hold trials for people whose actions either by civil or criminal are contemptuous to it's work at any one point. Such po ... read full comment
I think this writer needs a bit of legal education and enlightenment. The judges wield ultimate Power to hold trials for people whose actions either by civil or criminal are contemptuous to it's work at any one point. Such powers are exclusively imbibed in the judges in order to protect the administration and integrity of justice in any democratic society. Whilst freedom f expression and editorial comments are freely enshrined in civilised societies, such freedoms are limited iand cannot usurp the powers that are used in administering justice or scandalising the judiciary and for that matter the court. The editor of the searchlight paper in collaborating Awuku's comments appear to be questioning the integrity of the judges, and attributing biases to their work in the ongoing election trial. This is nothing less than contempt of the court and therefore attracts the required punishment to uphold the sanctity of the judicial system. Finally, I would implore the writer to read further on The Judiciary and Contempt of the Court to get get a full picture of how the judicial system functions in democratic societies and by so doing may refrain from misleading publications on this platform.
Bimpong 10 years ago
You may wield enormous powers but you must not use it to intimidate people! Get the difference!
You may wield enormous powers but you must not use it to intimidate people! Get the difference!
KOFITSE 10 years ago
I am NOT a lawyer but even I can understand Kwaku Asare, in that, the ULTIMATE POWER, if you referred to if it does exist, would not, could not trump an individuals right to a FAIR HEARING! We all probably need some legal les ... read full comment
I am NOT a lawyer but even I can understand Kwaku Asare, in that, the ULTIMATE POWER, if you referred to if it does exist, would not, could not trump an individuals right to a FAIR HEARING! We all probably need some legal lessons!
... 10 years ago
Ghanaians are the funniest of human species, how can you eat your cake and still want to have it?
We cry about indiscipline in the country which has led to corruption as an accepted practice in every sphere but still CRY fou ... read full comment
Ghanaians are the funniest of human species, how can you eat your cake and still want to have it?
We cry about indiscipline in the country which has led to corruption as an accepted practice in every sphere but still CRY foul when an authourity wants to clamp down on indiscipline. Kuranchie was cautioned but he still published and in appearing the Justices he was insubordinate. How can a true Ghanaian defend the indefensible?
Dr Yaw Ohemeng 10 years ago
I resisted commenting today but people are still making very mistaken assumptions. I do not think Prof. Asare ia saying that contempt should be countenanced, if it actually occurs. He is arguing a number of points, which so f ... read full comment
I resisted commenting today but people are still making very mistaken assumptions. I do not think Prof. Asare ia saying that contempt should be countenanced, if it actually occurs. He is arguing a number of points, which so far a number of you sidestep.
Where do the contempt powers come from? It is from our common law doctrine. It is to say that it is not a written law but just flow from precedence. Thus even erroneous judgements made during the military era are held to be applicable now. It also means that judges can make laws as they go long and no one can question them. Countries from which we borrowed this concept have all moved on because it was seen as inapplicable in civilised societies.
A lot of people are seeing the current debate through the NDC/NPP prism but what has happened goes into the future as precedence. Thus in future Editors of newspapers can be held in contempt and tried in the manner that Kuranchie was. They only have to point to the precedence. Is that what we want going into the future or we want the law codified so that it is clear to all?
You get people making the case that free speech is not absolute. That is correct but our Constitution gives us that right because it is a fundamental human right. If we want to set limits, we can legislate against certain forms of speeches, which we already have in our criminal justice system. You can also sue when you are defamed. Thus we do not need Judges, in a democracy, arrogating to themselves the right to police, interrogate, prosecute and jail people in cases in which they are the aggrieved party. The act may be so odious but the fact that the very judges who feel slighted, are the very ones proving the case and sentencing, is against the principles of natural justice. No one is against Judges taking control of their court rooms.
What Prof. Asara is saying is that:
1) the oral order should be clear and ambiguous so that we all know what to do and what not to do;
2) that a proper balance be drawn between competing rights that are all granted by the Constitution;
3) that the right for accused persons to be able hear charges against them in a language they can understand, their right to prepare a defence and cross-examine witnesses, their right to remain silent so that they do not self-incriminate, should all be respected.
I do not see these as being unreasonable demands. The Judges are applying sections of the Constitution but they cannot at their convenience suspend other parts.
Certainly, if our security agencies are up and doing, we would not be having this debate. A lot of things said by political commentators are criminal and the laws, as existing, should be able to deal with them. We do not need Judges usurping the powers reserved for other arms of government to do this.
Dr Yaw Ohemeng 10 years ago
What Prof. Asare is saying that:
1) the oral order should be clear and unambiguous.....
What Prof. Asare is saying that:
1) the oral order should be clear and unambiguous.....
KOKI 10 years ago
This is quite objective piece of comment and I admire the clarity and the tone of presentation void of partisan colouring and insults.
Thanks, Dr. Ohemeng
This is quite objective piece of comment and I admire the clarity and the tone of presentation void of partisan colouring and insults.
Thanks, Dr. Ohemeng
Kobena 10 years ago
Well done, Dr Ohemeng,
Even the "Odikro's" court does not operate the way the SC seems to be heading with the contempt cases. The Chief Justice needs to do something about it.
When a subject insults Odikro, he does not s ... read full comment
Well done, Dr Ohemeng,
Even the "Odikro's" court does not operate the way the SC seems to be heading with the contempt cases. The Chief Justice needs to do something about it.
When a subject insults Odikro, he does not sonstitute himself into policeman, judge and jailer. Usually one of the sub-chiefs or the "Elders' Council" summons the offender to appear before them. If the offender does not like the outcome of the case, he has other higher chiefs, all the way to the Omanhene, or Paramount Chief, to appeal to.
As a lay person, this is what I am learning from Prof Asare's great effort. We have gone down the dangerous path of "Culture of Silence", and we should not allow anybody to push Ghana down that path again.
Bimpong 10 years ago
This explanation sounds so convincing something may be wrong somewhere. I want to hear from more like minded people like Prof Asare. If care is not taken, the nation would get cold with fear and be directed according to the ... read full comment
This explanation sounds so convincing something may be wrong somewhere. I want to hear from more like minded people like Prof Asare. If care is not taken, the nation would get cold with fear and be directed according to the opinions of Atuguba and perhaps some of the current Supreme court Judges.
Other legal brains out there should please shed more light on this display of "awesome" powers of the Judges. I fear sooner than later we all would terribly be petrified into utter inaction and state of insensitivity to the going-on in the country. Who wants to go to jail for no proven and justifiable wrong-doing? Better go there under military dictatorship rather than constitutional environment just for speaking your mind on an issue and losing the right to observe due process.
Jake 10 years ago
YOU do not make any sense here>>>> VAMOOSE
YOU do not make any sense here>>>> VAMOOSE
John Anamse 10 years ago
Kwaku Bonsam, Look, Law is not Accounting which follows pre-defined rules and regulations such that you have to wait for new regulations to define new situations before you can act.
Law must decide in new situations where ... read full comment
Kwaku Bonsam, Look, Law is not Accounting which follows pre-defined rules and regulations such that you have to wait for new regulations to define new situations before you can act.
Law must decide in new situations where there are no existing rules and therefore the law must exist in the Bosom of the SC. Their decisions in new situations become law until otherwise legislated.
You are threading into unknown territory and do not think you are making a hero of yourself. Please stop deceiving your party faithfuls to falling into contemptuous acts.
Paul Amuna 10 years ago
Kwaku, the supreme court justices are certainly not above the law. What they are trying to do here is APPLY THE LAW. If that in your eyes is an 'abuse of their powers' then I am sure there are others in the legal profession t ... read full comment
Kwaku, the supreme court justices are certainly not above the law. What they are trying to do here is APPLY THE LAW. If that in your eyes is an 'abuse of their powers' then I am sure there are others in the legal profession too who would argue in the opposite.
Dr Yaw Ohemeng 10 years ago
Hi Paul. I do not know if you are long time friend Amuna who used to work at VRA or related to him.
I think Prof. Asare is stirring a debate. If others have opposite views, let them bring them forth to enrich the debate. I ... read full comment
Hi Paul. I do not know if you are long time friend Amuna who used to work at VRA or related to him.
I think Prof. Asare is stirring a debate. If others have opposite views, let them bring them forth to enrich the debate. It is my view that we cannot apply sections of the Constitution and ignore others. The contempt powers that people are ascribing to the LAW, are not spelt out anywhere. It is about time that they are codified in a statute to help us regulate our behaviour. A law, should not be so uncertain that it becomes a trap to be sprung. That is dangerous in a democracy. Human beings, by our nature, are prone to abuse powers that are unspecified. If if the Justices are not doing that at the moment, the existence of the risk calls for codifying the law.
Yao 10 years ago
The power of the courts of justice to commit for contempt is part of their inherent jurisdiction under common law.
The power of the courts of justice to commit for contempt is part of their inherent jurisdiction under common law.
Wiafe 10 years ago
Hi Kwaku--please leave the SC alone. The justices are trying their best in the situation. Ghana is a weak state.
If you are looking for a summer project--making you can petition your Florida judiciary and legislature to g ... read full comment
Hi Kwaku--please leave the SC alone. The justices are trying their best in the situation. Ghana is a weak state.
If you are looking for a summer project--making you can petition your Florida judiciary and legislature to get rid of those wicked stand your ground laws--that allow for hunting of human beings.
So much for your pontification on human rights--since you live and teach in Florida where human hunting is legal--as per your worship of the rule of law.
Kwaku you are right on your points and we dearly want the Atuguba's bully supreme court to answer us the good people of ghana
BOMDED AND CHOKED
The fool is telling you to do your home work to find the 'difference b/n Devaluation and Depreciation of money as you BOMDED AND CHOKED on the two...hahahahaha
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We must thank the President of the SC for succeeding in taming the lawlessness that engulfed Ghana. Even Sir John is running away like a frightened dog with its tail between its legs! I am terribly shocked at the braggart Sir ...
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I'LL BET MY LAST DOLLAR THAT YOU ARE CLUELESS AS TO WHAT CONSTITUTES LAWLESSNESS.THE SO-CALLED ATUBUGA'S HIGHEST COURT OF THE LAND IS NOTHING BUT A COURT OF INQUISITION. A COURT THAT IS FAR MORE CONCERNED WITH PUBLIC OUTCRY O ...
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Yes, Joe, some applaud the intimidating display of Atuguba and co to people sharing their thoughts and given no witness due process! Such individuals should bury their heads in shame if ever they condemned military dictatorsh ...
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YOU HIT IT ON THE NAILS HEAD WITH YOUR SAVVY COMMENTS. THERE ARE THOSE WHO ARE ABOARD THE BANDWAGON OF TREACHERY AND BUFFOONERY THAT IS SWEEPING THE COUNTRY WHO ARE NOT PAUSING TO THINK HOW IT WOULD FEEL WHEN THE SHOE IS ON T ...
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Joe, you know we all respect the highest court of the land. We certainly do. But we must ensure the right thing is done the right way and never allow the subjective interpretations of one or two "legal" brains decide for over ...
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This accouinting professor is venturing into a strange field (law) that he knows little about. The justices at the Supreme Court are eminent legal brains who don't care a fig about your drivel. Wait till they haul you before ...
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Listen to this dimwit.
Mr. Dimbie
You cannot be serious!
Kwaku Asare is arguing that it is wrong to use anthing coming from the Informer and Radio Gold to jail people without according them due process and you call it "drivel"
If some NDC ...
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If the Supreme Court of The Land is trying such a matter of Natitonal Importance and has found it necessary to lay proceedures guiding the trial which are different and contrary to normal judicial processes, then why can't th ...
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Shame! Legal brains yes. But due process must be followed! So stop raining insults on someone sharing his thoughts. Who knows? The legal brains may be wrong in some contexts!
As usual, the best arguments and most critical questions come from Professor Kwaku Asare.
Are you sure?
In all his arguments Asare has cleverly taking out "the responsibility of statements" as if the two are mutually exclusive.
He must learn to be intellectually HONEST!!!
The Justices of the Supreme Court have shown themselves willing to foray into the public domain to extract "miscreants" interfering with the administration of justice.
It would be instructive to see whether they exercise ...
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KOFITSE,
You make a good point!
Does the S/C have the same capability to soberly reflect on the manner they are "flouting individual rights under the constitution," and arrest their intemperate actions?
Prof Lungu, you seem to so easily swallow Asare's "sweet" talk. If you read all his arguments, this man is NOT impartial. For everything he argues, he seems to think the NPP really won the last elections and has a case that s ...
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Al Ghasari,
I couldn’t agree with you more. Prof Asare has never hidden his NPPship. And to buttress his NPP leaning and his partiality just go back and read his stand on coups in Ghana, he claims all coups are illegimate ...
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The same cloth. Until recently,I though Prof Lungu was merely a FOI advocate until he 'outed' himself in one of his postings.
You see, Kwaku Azar and friends like Lungu,who live thousands of miles away from Ghana,have consti ...
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Go back and review our position essays on Ghanaweb since 2007. We approach these cases with a Ghana-centered perspective and a critical mind, every time.
In the first place, we've never commented on who won/may have won t ...
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Meeting of the mind between you folks,why don`t you guys dispatch Azar to save Owusu Afriyie, who has an impending 'date' with the panel. It appears no Attorney wants to have anything to do with this fella who has become too ...
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One thing I can say of Prof Lungu is that he is not pro-NPP, neither is he an NDC man. He is, actually, a CPP man and seems to like a good and fair argument. That is why I am surprised at his stance on Asare's argument. I gue ...
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ALL THESE LONG ESSAYS AND COMMENTS ARE MEANT TO SLOW DOWN THE JUSTICES OR SILENCE THEM SO THAT STUPID PEOPLE CAN CONTINUE TO WRITE NONSENSE TO CONFUSE US. IN A WAY THE JUSTICES ARE ABOVE THE LAW, LIKE DOCTORS. WHEN YOU LIE ON ...
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A new sheriff is in town. And those days when cocain morphosed into kokonte is over. Let's go home and regroup for 2016.
This piece is not worth the trouble of further comment because it is obvious that the writer does not understand what is meant by "Supreme Court of the Land"? The only person above the Jutices hearing the case of the Petition ...
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The only piece or comment that is not worth reading is from Ajavuk Da Jajak (and I apologize I read the comment only to realize I should not have).
Point noted and apology accepted. Nobody likes the truth, you see. Burying one's head in sand has become the norm.
STOP MAKING A FOOL OF YOURSELF BY WRITING THESE SENSELESS COMMENTS. WHAT IS REALLY MISSING FROM THIS CAREFULLY DETAILED PIECE BY PROF ASARE TO OUR SO-CALLED SUPREME COURT THAT IS ABUSING THE POWERS CONFERRED ON IT BY THE DISC ...
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It is a pity that you are the kind of person who claims to be intelligent. You seem notorious for the harmlessness of the venom you spew out of the coconut shell filled with salt water that you carry as a head. There is just ...
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Let`s see if Atiso can recover from this potential TKO.
Sorry it seems rhew writer's understanding of law looked so shallow. He could lead this crusade in the USA and see whether it can be appreciated. Your political leaning made nonsense of all the analyses and theories you tried ...
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I think this writer needs a bit of legal education and enlightenment. The judges wield ultimate Power to hold trials for people whose actions either by civil or criminal are contemptuous to it's work at any one point. Such po ...
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You may wield enormous powers but you must not use it to intimidate people! Get the difference!
I am NOT a lawyer but even I can understand Kwaku Asare, in that, the ULTIMATE POWER, if you referred to if it does exist, would not, could not trump an individuals right to a FAIR HEARING! We all probably need some legal les ...
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Ghanaians are the funniest of human species, how can you eat your cake and still want to have it?
We cry about indiscipline in the country which has led to corruption as an accepted practice in every sphere but still CRY fou ...
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I resisted commenting today but people are still making very mistaken assumptions. I do not think Prof. Asare ia saying that contempt should be countenanced, if it actually occurs. He is arguing a number of points, which so f ...
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What Prof. Asare is saying that:
1) the oral order should be clear and unambiguous.....
This is quite objective piece of comment and I admire the clarity and the tone of presentation void of partisan colouring and insults.
Thanks, Dr. Ohemeng
Well done, Dr Ohemeng,
Even the "Odikro's" court does not operate the way the SC seems to be heading with the contempt cases. The Chief Justice needs to do something about it.
When a subject insults Odikro, he does not s ...
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This explanation sounds so convincing something may be wrong somewhere. I want to hear from more like minded people like Prof Asare. If care is not taken, the nation would get cold with fear and be directed according to the ...
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YOU do not make any sense here>>>> VAMOOSE
Kwaku Bonsam, Look, Law is not Accounting which follows pre-defined rules and regulations such that you have to wait for new regulations to define new situations before you can act.
Law must decide in new situations where ...
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Kwaku, the supreme court justices are certainly not above the law. What they are trying to do here is APPLY THE LAW. If that in your eyes is an 'abuse of their powers' then I am sure there are others in the legal profession t ...
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Hi Paul. I do not know if you are long time friend Amuna who used to work at VRA or related to him.
I think Prof. Asare is stirring a debate. If others have opposite views, let them bring them forth to enrich the debate. I ...
read full comment
The power of the courts of justice to commit for contempt is part of their inherent jurisdiction under common law.
Hi Kwaku--please leave the SC alone. The justices are trying their best in the situation. Ghana is a weak state.
If you are looking for a summer project--making you can petition your Florida judiciary and legislature to g ...
read full comment