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Opinions of Friday, 11 September 2020

Columnist: Opanin Archimedes Owusu-Ababio

Open letter to Justice Kwasi Annin-Yeboah, Chief Justice of Ghana

Dear Justice Anin-Yeboah

At the bottom right-hand corner on page 5 of Daily Graphic of Thursday September 10, 2020 is an apology addressed to the Honorable Chief Justice, Judges and Magistrates Association of Ghana rendered by Honorable Kennedy Ohene-Agyapong, NPP Member of Parliament for the Assin Central Constituency.

Ordinarily I would not have chosen this medium to communicate with your Lordship but prevailing incidents and circumstances have compelled me to write this open letter addressed to you. During a visit I made to Koforidua sometime in the nineties and in the company of a group of friends enjoying some Club beer and kebabs at Benbow Spot, I vividly recall how all my friends spoke highly of you concerning your work in Koforidua as a State Attorney and your subsequent work at the Law Firm (Yaw Barimah & Co. Asifem Chambers) where you partnered with Honorable Yaw Barimah, former NPP Member of Parliament for New Juaben (Koforidua) and Honorable Joseph Osei-Wusu aka “Joe Wise” current Deputy Speaker of Parliament and NPP Member of Parliament for Bekwai Constituency.

I am recounting and narrating this Koforidua incident because my friends who hosted me back then spoke highly of the good work you did in Koforidua back in the day and emphasized that you readily offered your legal services to all manner of persons including persons of different political affiliations although it was common knowledge in Koforidua at the time that your political sympathizes were with the NPP.

I write this letter because of the incident on 2nd September 2020 that was simultaneously broadcasted on NET-2 TV and Oman FM in which Honorable Kennedy Ohene-Agyapong publicly insulted a High Court Judge and alleged that the Judge had collected a bribe and surreptitiously placed a Court Injunction over him at his blindside and that he (Kennedy Agyapong) would ruthlessly deal with the Judge.

Your Lordship Justice Kwasi Anin-Yeboah, I hereby wish to remind you of the Montie-3 Contempt case and the punishment the Supreme Court meted out to the 3 Contemnors on 27th July 2016 when they were convicted and sentenced to 4 months prison jail term and each fined Gh?10,000. Net Work Broadcasting the owners of Montie 1010.1 FM and Radio Gold 90.5 FM were also fined Gh?30,000 and subsequently got their broadcast license revoked by the National Communication Authority (NCA).

We note that the Montie-3 punishment was upheld even though the 3 Contemnors together with the owners of Net Work Broadcasting and a large section of the public joined to render a remorseful public apology pleading the Justices of the Supreme Court temper mercy with justice.

Your Lordship, we know that in Ghana the Superior Courts are comprised of the High Court, the Court of Appeal and the Supreme Court and as such speaking for myself and perhaps for the majority of Ghanaians, the least that we expect is that the legal precedence and the legal principle that was applied and informed the Supreme Court verdict and punishment in the Montie-3 Contempt case is similarly applied in the pending Kennedy Ohene-Agyapong Contempt.

Your Lordship, we remember that you were one of two dissenting Supreme Court Justices in the 5-2 Supreme Court ruling that dismissed the legal action initiated by Nana Asante Bediatuo challenging former President John Dramani Mahama's remission of the four-month jail term slapped on the infamous Montie trio. We therefore expect you to consistently apply the same zeal and motivation to uphold the sanctity of the Courts in the Kennedy Ohene-Agyapong Contempt case.

As a citizen of Ghana I am led to believe that the 1992 Constitution stipulates that all citizens of Ghana are equal before the law and that there are no first, second or third class citizens of Ghana. So the least we expect in the Kennedy Ohene-Agyapong Contempt case is that the Sovereign laws of Ghana are upheld and that justice is dispensed impartially, fairly and equitably.

Yours sincerely

Opanin Archimedes Owusu-Ababio

C/o Cocoa Shed: Suro-nipa Nkwanta

Eastern Region

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