Has NPP Opened Supreme Court’s Pandora Box?

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Kwadwo 11 years ago

Kofi, your earlier analysis on judicial conflict of interest was correct so don't put on a partisan cap and retreat. As you are aware, a litigant has a right to raise an objection against a judge on conflict of interest, Even ...
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Kofi, your earlier analysis on judicial conflict of interest was correct so don't put on a partisan cap and retreat. As you are aware, a litigant has a right to raise an objection against a judge on conflict of interest, Even in the US, a judge has an obligation to inform the parties of even an appearance of a potential conflict of interest. Once the disclosure is made, it is left to the parties do either change the judge or to let him continue on the case. This is driven by the facts.

In the instant case, given the recent appointment of Justice Atuguba's family member by the President, it was appropriate for the Petitioners to raise an objection on Justice Atuguba sitting on the case. Although the objection has been withdrawn for various reasons, this does not open any pandoras box as you suggest. This was not a frivilous objection against the Judge and if his courtroom outburst was in reaction to the objection, then his judicial temperament on this case leaves much room to be desired. Kofi, will want retired Justice Kpegah to sit on this case?
OSUO ABRUBUOR 11 years ago

Nice one!!

Nice one!!
www.panafricanistinternational.org 11 years ago

OFFICE OF THE ODIKRO
a companion of the black star!

There is something extremely annoying in the reckless manner the NPP is throwing accusations. You people claim you took your foolish case to the court in order to "deepe ...
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OFFICE OF THE ODIKRO
a companion of the black star!

There is something extremely annoying in the reckless manner the NPP is throwing accusations. You people claim you took your foolish case to the court in order to "deepen our democracy". At the same time, you claim your objections to the composition of the court is not frivolous, so why did you withdraw it?

Would not the insistence on this objection which you still consider important have helped "deepen our democracy"? Is it more important to have the ruling of any court, irrespective of who is sitting on the case, simply because you are in a hurry, or to see to it that the right thing is done for the sake of "deepening our democracy"?

There is no way you can eat your cake and have it at the same time! Your best option will have to be recycling your own shit! That is exactly what the NPP is up to! They are trying to eat recycled shit! Is it more important to the NPP that the Supreme Court arrives at any judgement than seeing to it that their honest objections and concerns have been taken into account?

If the case was only meant to use the Judiciary to give them what the Electorate has clearly and transparently denied them, how does that "deepen" our democracy? How does the NPP hope to "deepen our democracy" when they chicken out and refuse to mount a challenge, and resort to calls in the media for changes in the composition of the court?

Isn't the NPP aware of the fact that we are talking about the highly inflammable powder-keg of post-election dispute which has to potential to catch fire and burn in an uncontrollable manner, and destroy our beautiful nation and kill our good and innocent citizens of Ghana?

What do they want Ghanaians to tell them? Campaign fatigue is setting in now. People have a lot of things to tell the new President and to make proposals about how to move this country forward. The nature of the desperation that is compelling the Akufo-Addo faction of the NPP to embark on this vexatious abuse of Judiciary procedure, is a sign that they have understood what the Ghanaian public want, and they are scared of the implications, since the retirement of Akufo-Addo means a close down of an important political campaign industry.

Forward Ever! Backwards Never!

For Life, the Environment, and Social Justice!

Nana Akyea Mensah, Ghana Steering Committee, P-AI, Social Media Campaigns | January 16, 2013
SocialMedia@panafricanistinternational.org - Pan-Africanist International - a grammar of Pan-Africanism and its manners of articulation! www.panafricanistinternational.org
www.panafricanistinternational.org 11 years ago

OFFICE OF THE ODIKRO
a companion of the black star!

The NPP Is Merely Looking For An Excuse To Cause Trouble!

They know their case will be thrown out, well in advance, because they are aware of the nonsense they have w ...
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OFFICE OF THE ODIKRO
a companion of the black star!

The NPP Is Merely Looking For An Excuse To Cause Trouble!

They know their case will be thrown out, well in advance, because they are aware of the nonsense they have written. There is nothing wrong with charging the two respondents with multiple counts of electoral irregularities, such as:

(a) OVER VOTE DUE TO TOTAL VOTE EXCEEDING BALLOT PAPERS ISSUED TO VOTERS

(b) VOTING WITHOUT BIOMETRIC VERIFICATION

(c) SAME SERIAL NUMBERS FOR DIFFERENT POLLING STATIONS

(d) MISSING PRESIDING OFFICER'S SIGNATURE ON REDSHEET

(e)WORDS AND FIGURES DO NOT MATCH

These are all valid charges that one can level against one's adversary, but that does not mean you must proceed and add them up! If a man commits homicide, and the police charges the individual with 1. the attempt, 2. the attack, 3. the intention, 4. etc... does that mean that each charge represents one person killed?

Just as the police would be wrong in accusing a suspect of a homicide with multiple homicides simply on the basis of the charge sheet is ridiculous!

The NPP is committing the same stupid blunder! As an e-mail that drew my attention to this, originating from Professor J. Atsu Amegashie explains, "Someone who voted without biometric verification is likely to have voted with a ballot paper. Polling stations without the presiding oficer's signature may have involved no biometric verification, a mismatch between words and figures, etc. This means that the five categories above are not necessarily non-overlapping categories. Therefore, adding the votes in these categories as the NPP did is double counting or multiple counting and leads to an inflation of the alleged number of illegal votes."

It is clear on the arithmetic alone that the case is going to be thrown out! All they want is anything that resembles a good excuse to mobilize their supporters to begin to cause trouble before Akufo-Addo becomes completely irrelevant!

The real panic they are dealing with is the imminent and inevitable retirement of Nana Akufo-Addo. Men like Jake, Gabby and a host of others in the employ of the industry fear a pre-mature retirement, and they see windows of opportunities all around them as they are completely dazed with the defeat!

They have made the mistake of alerting the NDC government with their "all die be die" intentions and the desire to "make this country ungovernable". I hope they will be dealt with as ruthlessly and effectively as our laws permit, should they begin to find excuses and start causing trouble!

Forward Ever! Backwards Never!

For Life, the Environment, and Social Justice!

Nana Akyea Mensah, Ghana Steering Committee, P-AI, Social Media Campaigns | January 16, 2013
SocialMedia@panafricanistinternational.org - Pan-Africanist International - a grammar of Pan-Africanism and its manners of articulation! www.panafricanistinternational.org
Peter Zaato 11 years ago

Your piece is a very brilliant one, particularly your humility and maturity to recognize and accept your rash and hasty earlier conclusion on the subject matter is sterling and exemplary.

Keep up the good work

Your piece is a very brilliant one, particularly your humility and maturity to recognize and accept your rash and hasty earlier conclusion on the subject matter is sterling and exemplary.

Keep up the good work
Nana Ansah 11 years ago

NPP IS ANTI-RULE OF LAW PARTY

Thanks Kofi Ata. A year ago you wrote this article and like a miracle we are experiencing it. Please post it again for a wider audience analysis.

The NPP did not envision the vast extent of ...
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NPP IS ANTI-RULE OF LAW PARTY

Thanks Kofi Ata. A year ago you wrote this article and like a miracle we are experiencing it. Please post it again for a wider audience analysis.

The NPP did not envision the vast extent of the domino effect by demanding that a judge at SC should recuse himself in its entirety. So they ended up double shooting themselves in both feet. But hey this is what NPP gets when their horizon ends at the tip of your noses. They leap before they look. Watch out NPP it's a puddle!. Too late Ouch! NPP in the muddy waters again. It is symptomatic of the Mate Mehu NPP. In fact it sums up the anatomy of the Mate Mehu NLM/UP/PP/PFP/NPP fraternaty.

Kof,i great stuff there as always. Keep it up mate

Feature Article of Friday, 13 January 2012

Columnist: Ata, Kofi

NPP Is Anti-Rule of Law Party

By Kofi Ata, Cambridge, UK

Until recently, I held the belief that when it comes to the tenets of democracy and the ethos of rule of law, the parties from the Danquah-Busia tradition including the NPP stood high above all other parties in Ghana. Sadly, I have had to review this position after a critical examination of actions of the two governments that have been formed by the UP or Danquah-Busia tradition and their attitudes towards the rule of law particularly, judicial decisions that were against the two governments. These were the governments of the Progress Party led by the late Prime Minister Dr Kofi Abrefa Busia and the National Patriotic Party under former President John Kufuor.

The best example that comes to mind was the first government of the Danquah-Busia tradition under the Progress Party government. That was the infamous “No court”, “No court” in the “Apollo 568” Supreme Court Judgement. For those who are unaware of the case, the Busia government summarily dismissed 568 public workers without reason in pursuant of Section 9 (1) of the Transitional Provisions under the 1969 Constitution. The Transitional Provision granted that, all positions “established” by the then National Liberation Council (NLC) government (the military junta that overthrew Nkrumah’s government in 1966) will be discontinued no longer than six months of coming into force of the Constitution.
Mr Sallah was appointed GNTC Manager by the NLC and was therefore one of the dismissed public servants. As a victim of the 568 he challenged the legality of his dismissal and the case went to the Supreme Court. The Supreme Court by a majority decision ruled against the government. To the surprise and disappointment of those who believed in true democracy, the rule of law and respect for the judiciary, Prime Minister Busia in a highly emotional radio and television broadcast on the night of April 20, 1970 attacked the judgement of the Supreme Court, boasted and stated emphatically that, “No court could enforce any decision that sought to compel the government to employ or redeploy anyone”.
The Busia government tried to defend its rejection of the Supreme Court judgement by claiming conflict of interests involving two of the Justices. Prior to the hearing, the Attorney General at the time raised a preliminary objection to the composition of the Court. The State objected to Justices Apalloo and Sowah being empanelled because the former was alleged to be a close friend of Mr Sallah and the latter’s sister was married to one of the Apollo 568 victims and the sister had asked him (Justice Sowah) to intervene on her husband's behalf, which Justice Sowah did (as per the then Foreign Minister’s affidavit). However, the objection was overruled. The issue at stake was whether a GNTC Manager appointed by the NLC came under the ambit of section 9(1) of the 1969 Transitional Provisions. In my view, a GNTC Manager was not a position “established” by the NLC but existed prior to NLC and so predated the NLC itself. Mr Sallah was merely appointed into an existing position and not into an “established” position. Though the conflict of interest was valid, the outcome could have been the same without Justices Appallo and Sowah.
For a government that boasted of a strong belief in democracy, the rule of law, the separation of powers and the independence of the judiciary and also led by no other person than Busia who the present NPP claims to be the doyen of democracy in Ghana and Africa, it was the worst form of abuse of Executive powers and total disregard for the separation of powers. Even some of his own supporters and party followers including the late Prof Adu Boahene were disappointed by Busia’s response. This is how Adu Boahene described the response at the time, “the speech did not only shock the bench but also those who have read Busia’s work on Democracy in Africa, the Rule of Law and the Theory of Separation of Powers”.
Under the NPP government, Ex-President Kufuor was also accused of allegedly manipulating the Supreme Court to reverse an earlier judgement that went against his government by appointing pro government Justices to the Supreme Court, instead of accepting the original judgement of the Justices. It was also alleged that in the case of the State vs Tsatsu Tsikata, the Judge was influenced by the Executive to give her judgement unexpectedly in the absence of his Attorney. These fragrant abuse or misuse of Executive powers cast a slur on the democratic credentials of the Danquah-Busia tradition, particularly, in the area of rule of law, separation of powers and the sanctity of the judiciary.
The third example was an article that appeared on Ghanaweb on January 5, 2012, an alleged Press Statement by the current Attorney General in response to a statement by the former Attorney General under the NPP administration regarding the payments of various judgement debts under the NPP administration (see How Kufuor & Co Caused Ghana Trillions of Cedis). From the statement it appears the NPP government simply refused, disregarded or ignored the various judgements by competent courts of jurisdiction in Ghana to pay judgement debts against the state. In fact, NPP government contested some of the claims up to the Supreme Court and lost, yet ministers refused to comply with the court judgements. The total disregard for the judiciary was tantamount to breach of the Constitution, negligence of duty or abrogation of duty by the government. It is unbelievable that a government of a party full of “legal luminaries” who portray themselves as a party of law and order with a firm belief in democracy, rule of law and respect for the judiciary could show such utter contempt towards the judiciary.
It is the prerogative of every government to review and or reverse decisions of previous administrations including termination of agreements and contracts entered into on behalf of the state. This happens globally at local, regional and central government levels and even at organisational levels for whatever reason/s. However, any revision or termination of existing agreements and contracts must be done within the spirit of the terms and conditions of such agreements/contracts, otherwise breach of agreement/contract may occur, which could result in the other party to the agreement/contract to claim or sue for compensation. I am not an expert on Contract Law but one does not need to be an expert to know this common sense principle. I also know from experience of managing contracts, including over £16 million per annum public contract in the UK that sometimes terminating legally binding contract without due regard to the terms and conditions could be more expensive than allowing the contract to run its full time.
I am therefore not questioning the decision of the previous NPP ministers to review revise and terminate or refuse to honour agreements and contracts entered into by the previous NDC government, which they had the right to do so but their total disregard to follow the due processes for such matters as well as their disrespect for the judiciary. The fact is that, having breached by their unilateral and illegal decisions which resulted in the other parties to the agreements/contracts exercising their legitimate rights to claim or sue the state for compensation, the same ministers did not only fail to defend their actions and omissions in courts or their defence fell short of reasonable explanation, but also failed to abide by the court judgements. These are matters that beat my imagination and which led me to question the party’s, especially its leading members’ belief in the rule of law and the judiciary. For example, how could the ex-NPP government and its Attorney General/s justify the decision not to honour the agreement with Calf Cocoa of $1.8 million resulting in additional cost of $1.75 million to the state after Calf Cocoa sued the government and won? Why in 2007 after the then Attorney General failed to file a defence in court when Rockshell successfully sued the state for compensation also refused to pay the judgement debt that now allegedly stands at about $87 million (which has been negotiated to $35 million?). Why in 2001 did the NPP government refuse to pay a judgement debt of $10 million to City and Country Waste Ltd after a Supreme Court judgement, that the state is now paying $29 million? How could the NPP administration defend their decision not pay a judgement debt of GHc 50, 279 in 2003 which now stands at GHc 6 million?
The above are examples of the Busia-Danquah tradition’s disdain towards the rule of law and the judiciary. The actions of the NPP were either incompetence at its highest order, negligence or sheer arrogance by ministers of the administration. Perhaps, they thought they were above the law but by their incompetence, arrogance and disrespect for the rule of law, Ghana is paying a high price for such irrational behaviour and abuse of Executive powers. Their actions and omissions on these matters are legally reprehensible and morally “contra bonos mores”. I have no doubt that such negligence of duty by the previous NPP government could be criminal. Though I am not a fan of the crime of “causing financial loss to the state”, as it could be abused by politicians against their opponents, there is the need for those who made these decisions, especially the then Attorney General/s to account for their actions and omissions. These are the very people who are today accusing the NDC administration of incompetence and doing anything and everything to seek the mandate of Ghanaians again. They claim some were excellent Attorney Generals. The fact is, there were incompetent and arrogant ministers in NPP administration and not only NDC ministers are incompetent.
Another example is the ongoing “Woyomegate”. As far as the Woyome saga is concerned, it does not make sense to me and appears to me that there is insanity at certain level of government in Ghana but that is not the subject of this article. A former Finance Minister under the NPP administration is reported to be refusing to submit himself to the Economic and Organised Crime Organisation (EOCO) to answer questions regarding judgement debts against the state during the NPP administration. The NPP as a party has “cleverly and conveniently” issued a statement that because the President rejected a suggestion for an independent commission to investigate the matter instead of EOCO, it has advised its members not be part of the EOCO investigations. Why do I say cleverly and conveniently? NPP claims that the President’s order to EOCO to investigate the payment to Mr Woyome contravenes the constitution because it is only Parliament that has powers to deal with matters arising from the Auditor General report. If that is the case, then, why did the same NPP call on the President to set up an independent commission to investigate the payment and would such action by the President not contravene the constitution as he would have usurped the powers of Parliament as is being claimed by the party?

The answer to the earlier question is that, NPP cleverly and conveniently wants a Presidential Commission because those who appear as witnesses before a Presidential Commission are granted automatic immunity from prosecution as was the case in the Ghana@50 Inquiry. NPP is scared of some of their leading members including former ministers being found wanting and being prosecuted, so they want to avoid accountability at the courts. Clever, isn’t it? But sadly their luck of misusing the judiciary to their advantage may have run out this time because the President has learnt his lessons from the Ghana@50 Presidential Commission and not repeating it to give a blanket amnesty to those who by their actions, omissions and negligence have contributed to the financial burden on the state. If NPP believes in democratic institutions then they should support democratic institutions such as EOCO to do discharge their responsibilities unimpeded instead of undermining it by refusing to cooperate with it. As Obama said, “we need stronger institutions”.

In my opinion, the Danquah-Busia tradition is anti-rule of law and no friend of the judiciary. In fact, they play the judiciary to their parochial interests but pretend to be defenders of rule of law and the judiciary in Ghana. That is far from the reality. Sadly and sometimes naively, some leading members of the NDC make public pronouncements that are anti-judiciary such as the “there are many ways of killing a cat” and the accusations of corruption against judges, whilst on the other hand, NPP leading members portray a public image of friends and defenders of the judiciary when their actions in the past are anything but pro judiciary. Of course, the treatment of the judiciary under the PNDC era is also a reminder of the anti-judiciary image of the NDC but frankly speaking, NPP also has disrespect for the authority of the judiciary in Ghana.

The “legal luminaries” within the NPP including the former Attorney Generals should respond to the matters raised herein and persuade me that, the Danquah-Busia tradition including NPP is not anti rule of law party. Please do not remind me about the responses of other past governments such as Nkrumah’s responses to judicial decisions because we know such governments were undemocratic. I am questioning the validity of a postulate that is supposedly rooted in a strong belief in democracy, rule of law and respect for the judiciary and not dictatorships.

By Kofi Ata, Cambridge, UK
PAA NII 11 years ago

Danquah - Busia NPP politicians often fraudulently claim to have titles, entitlements or affiliations which are ambiguous, misleading, or bogus.

Danquah - Busia NPP politicians sociopathic politicians use deceit and man ...
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Danquah - Busia NPP politicians often fraudulently claim to have titles, entitlements or affiliations which are ambiguous, misleading, or bogus.

Danquah - Busia NPP politicians sociopathic politicians use deceit and manipulation through out their lives.

Busia – Danquah NPP politicians hold deep prejudices against other cultures beliefs and are unvaryingly unimaginative.
Danquah - Busia NPP politicians mindset breed the sort of selfishness that is inherent in their sociopaths lives.

Danquah - Busia NPP politicians struggling to promote terrorism, violence, hatred and bigotry.
Danquah - Busia NPP politicians are constantly imposing on others a false reality made up of distortion and fabrication.
Danquah - Busia NPP politicians naturally inherited the willingness to kill from from their terrorist founders Busia and Danquah
Danquah - Busia NPP politicians are mean-spirited, officious, and often unbelievably petty
Danquah - Busia NPP politicians history shows a process accumulation of every kind of brutality and wickedness.
Busia – Danquah NPP sociopathic politicians are cancer to any political system and unfortunately the nature of the beast breeds such an individual.
Danquah - Busia NPP politicians will often be in constant conflict with individuals in their lives, and will often have run-ins with the law.
Danquah - Busia NPP politicians are often pathological liars who use their vuvuzela mouths to manipulate people, situations, and the legal system.
Danquah - Busia NPP politicians conflicts with the authority and the law is often begin at their early age.
It is sad that Busia – Danquah NPP sociopaths of all things become public officials.
Danquah - Busia NPP politicians perfected their inherited wicked traits with deceit, incitement, violence, terror and murder.
Danquah - Busia NPP politicians have done many things with absolute cruelty and genocide.
Danquah - Busia NPP politicians use a reign of terror to eliminate free thinkers.
Danquah - Busia NPP politicians always display a seemingly limitless demonic energy especially when engaged in attention-seeking activities or evasion of accountability.
Danquah - Busia NPP politicians distorted view of reality often make them irresponsible and unreliable.
Danquah - Busia NPP politicians irresponsibility and unreliability lead them to poor job performance, poor educational performance, and a poor standing with family.
Busia – Danquah NPP through deceit, ACO, incitement, Bombing and mass robbing of Ghana wealth, and looted government lands and bungalows.
Busia – Danquah NPP achieve their desired goals by being sullen and creepy.
Busia – Danquah NPP are always the takers and never the givers.
Ashantis and Akyems in the Busia – Danquah NPP not only have a grandiose sense of self, but also have a distorted view of reality.
Ashantis and Akyems in the Busia – Danquah NPP are self-opinionated and display arrogance, audacity, a crude superior sense of entitlement and sense of invulnerability and untouchability.
Ashantis and Akyems in the Busia – Danquah NPP propaganda is an attempt to infiltrate, penetrate and subvert the liberties of our peace loving Ghana society.
Ashantis and Akyems in the Busia – Danquah NPP poison some Akanfo minds by manipulating their perceptions.
Busia – Danquah NPP are arrogant, haughty, high-handed, and a know-all.
Busia – Danquah NPP are greedy bastards, selfish, cockroaches, parasites and emotional vampires.
Busia – Danquah NPP ultimate aim is to establish ''mate mehu'' rule in Ghana.
To the Busia – Danquah NPP, everything that promotes their evil goal is moral, legal and justified.
Busia – Danquah NPP don't hesitate to use illegal methods to acquire wealth.
Busia – Danquah NPP systematic use of terror, violence, and intimidation to achieve an end.
Busia – Danquah NPP are troublers who interrupt and interfere with peace and quiet, they are people who can easily cause disorder and commotion.
Busia – Danquah NPP are people with a corrupting influence.
Busia – Danquah NPP are spiritually dead although they may loudly profess some religious belief or affiliation.
Busia – Danquah NPP are always angry and impulsive when it comes to their behaviour, lash out at others, and have no sense of personal boundaries.
Busia – Danquah NPP are glib, shallow and superficial with plenty of fine words and lots of form but there's no substance.
Busia – Danquah NPP are people whose savagery have become their character and nature.
Busia – Danquah NPP are emotionally immature and emotionally untrustworthy.
Busia – Danquah NPP are pure evil, bastards and savages.
Busia – Danquah NPP are vile, vicious and vindictive in private.
Busia – Danquah NPP has no empathy for the feelings of others, and feels no remorse for their attacks and poor behaviour decisions.
Busia – Danquah NPPs are practised liars and when called to account, will make up anything spontaneously to fit their needs at that moment.
Busia – Danquah NPP in NPP excel at deception and should never be underestimated in their capacity to deceive.
To Busia – Danquah NPP, good works will be rewarded (and punishment for evil) both in life and after death.
Can Busia – Danquah NPP have a reformation? Anyone that attempts to reform Busia – Danquah NPP usually ends up dead or in hiding.
Busia – Danquah NPP have the ability to choose good from evil, but they chose evil. I'm sure the militant fools are screaming at this point.
All these Busia – Danquah NPP behaviour allow them to go on and do things that seem unimaginable to most of us.
Busia – Danquah NPP politicians are bullheaded individuals.

Busia – Danquah NPP politicians are very difficult to treat or deal with.

Busia – Danquah NPP politicians are difficult to manage or mould, unwilling to be taught or led or supervised or directed.
Busia – Danquah NPP politicians do not obey or comply with commands of those in authority

Busia – Danquah NPP politicians are stubborn infection.

Busia – Danquah NPP politicians have ridiculous a crazy dreams and silly notions
Busia – Danquah NPP politicians are traitors always showing lack of love for their country

Busia – Danquah NPP politicians are wayward, wilfully and often perversely depart from what is desired, advised, expected, or required.
Busia – Danquah NPP are headstrong, obstinately bent on having their own way
Ghana greatest uncontrolled health problem is Busia – Danquah NPP "uncontrolled growth"
Nana Ansah 11 years ago

"In my opinion, the Danquah-Busia tradition is anti-rule of law and no friend of the judiciary. In fact, they play the judiciary to their parochial interests but pretend to be defenders of rule of law and the judiciary in Gha ...
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"In my opinion, the Danquah-Busia tradition is anti-rule of law and no friend of the judiciary. In fact, they play the judiciary to their parochial interests but pretend to be defenders of rule of law and the judiciary in Ghana." Kofi Ata
Kwesi Agbenu 11 years ago

''I am beginning to suspect that the public no longer have sympathy for NPP’s quest to seek election redress at the SC''

You are wrong. You are wrong.
Whatever the outcome of the case, the EC will never be the same. The ...
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''I am beginning to suspect that the public no longer have sympathy for NPP’s quest to seek election redress at the SC''

You are wrong. You are wrong.
Whatever the outcome of the case, the EC will never be the same. The EC will sit up next time round. Akufo Ado will emerge a HERO
PAA NII 11 years ago

wannabe, akrantie shit eater. It is rather NPP will die and EC will be strong, even international observers have said it all about the strength of that institution.

wannabe, akrantie shit eater. It is rather NPP will die and EC will be strong, even international observers have said it all about the strength of that institution.
PSD 11 years ago

Go and wipe kapwepwe's tearful and swollen eyes and give us a frigging break.

Go and wipe kapwepwe's tearful and swollen eyes and give us a frigging break.
FRANK 11 years ago

Another good one from Kofi.The NPP has completely lost sympathy of the public as you rightly said.A good friend of mine,NPP supporter, told me Akufo Addo has a hidden agenda against the NPP,knowing very well that,this is his ...
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Another good one from Kofi.The NPP has completely lost sympathy of the public as you rightly said.A good friend of mine,NPP supporter, told me Akufo Addo has a hidden agenda against the NPP,knowing very well that,this is his last chance to lead the party.As to what made them took such actions,only heaven knows.Who in Ghana doesn´t know about these so called judges and the NPP? Is the NPP under a curse not to reason before taking action? Even that so called Chief Justice, a well known thief, is one of them.What about that? I wonder what they take Ghanaians for.Never and never would Ghanaians make the mistake to bring these people to power.
IT 11 years ago

GBAGBO WAS TRYING TO USE THE COURT TO TURN THE VERDICT OF THE PEOPLE BUT FAIL FATALLY AND IN THE END WHERE IS HE? ICC OF COURSE.

GBAGBO WAS TRYING TO USE THE COURT TO TURN THE VERDICT OF THE PEOPLE BUT FAIL FATALLY AND IN THE END WHERE IS HE? ICC OF COURSE.
Joseph 11 years ago

The NPP was just clever by half and they are caught with their pants down. I am sure they now regret thir move. It now appears that they have no case and they are counting on sympathy from the SC justices with whom they ha ...
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The NPP was just clever by half and they are caught with their pants down. I am sure they now regret thir move. It now appears that they have no case and they are counting on sympathy from the SC justices with whom they have relations help them win the case. But they overplayed their hand and everybody now knows what they are up to. If in a split decision those who are considered to be NPP affiliated vote for them, that situation alone would undermine the judiciary.
john 11 years ago

Ata,, I congratulate you on admitting your error in your earlier article and coming clean; its refreshing to see you do an objective assessment of the continuing pathetic posturing of the NPP after losing the elections. It ...
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Ata,, I congratulate you on admitting your error in your earlier article and coming clean; its refreshing to see you do an objective assessment of the continuing pathetic posturing of the NPP after losing the elections. It is not that the NPP is losing the PR war, they have long lost it and and are bent on doing an irreparable damage to our party. By their action they have undermined not just the SC but the election commission upon whose trust and authority the country democracy rest. With this lateest faux pas, everybody can now see that this is a party that is desperate for power. It is about time Ghanaians forget about this petition and go on with our business. All this is to assuage the disappointed party followers.The NPP could learn from their counterparts in the US which is currently on retreat and soul-searching in readiness for the next elections. Our party must realize that we cannot force Ghanaians to vote for us and to pretend that we did everything right and that the elections were stolen from us is to be very disingenious. We ran a below average compaign and lost to a better resourced party. As a country, we have a lot of work to do and at this stage, we should not be deluding ourselves over why Nana cannot be president. If the SC is a reasonable state institution, it will be reckless on its part to reverse the results for reasons of irregularities. I found that your article was rather troubling in assessing which of the party has more supporters within the court. We must learn from what happened in the Cote d' ivoire.
Paul Amuna 11 years ago

Kofi, I am glad you have come to this conclusion, and pleased you reviewed your original thoughts and analysis. Good on you mate! Let's hope NPP and NDC will now allow the justices to do their work.

Kofi, I am glad you have come to this conclusion, and pleased you reviewed your original thoughts and analysis. Good on you mate! Let's hope NPP and NDC will now allow the justices to do their work.
Benoni 11 years ago

I have said all along that though it is a right to object to a judge sitting on a case based on bias,It should only make sense when individual liberty is at stake but not when it comes to matters relating to our constitution. ...
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I have said all along that though it is a right to object to a judge sitting on a case based on bias,It should only make sense when individual liberty is at stake but not when it comes to matters relating to our constitution.When it comes to the constitution there must be a presumption of impartiality and fairness from our sc.The attitude of the npp to drag down institutions down with it is worrying and i think the leadership must convene to relook at the whole approach objectively and to access whether they are on the right track or not.The constitution review committee should find a away of insulating the sc from this assault on its reputation when it comes to matters relating to our constitution.The truth of the matter is that since the sc is appointed by presidents, they will all be politically tainted and could be grounds for objection based on bias hence the the suggestion of insulation.The independence of the judiciary must be respected by all if we want to deepen our democratic credentials as the npp keep saying.The ball is now in their court.
okukuseku 11 years ago

Many on the NPP legal team never benefitted from good counsel of grandparents and are therefore bound to make very fundamental mistakes in their daily lives until thy kingdom comes. Life teachings not on ivory towers.

Many on the NPP legal team never benefitted from good counsel of grandparents and are therefore bound to make very fundamental mistakes in their daily lives until thy kingdom comes. Life teachings not on ivory towers.
Whatever 11 years ago

They even closed the Pandora Box untidily, failing to accord the only injured party the appropriate apology. It shows how inhuman and cold-hearted they can be in search of power. My problem is with the supreme court itself w ...
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They even closed the Pandora Box untidily, failing to accord the only injured party the appropriate apology. It shows how inhuman and cold-hearted they can be in search of power. My problem is with the supreme court itself which has overlooked this brazen attempt to attack ithe core of its sanctity and its shockingly proceeding on with case as if nothing has happened. All these glossed over misconduct can be traced directly at the door step of Georgina Woods but her cup will soon full up.
www.panafricanistinternational.org 11 years ago

OFFICE OF THE ODIKRO
a companion of the black star!

The Supreme Court Must Bite!

I perfectly agree with you, Comrade Whatever!

The NPP should never be allowed to get away with this! As you can see from the conclusio ...
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OFFICE OF THE ODIKRO
a companion of the black star!

The Supreme Court Must Bite!

I perfectly agree with you, Comrade Whatever!

The NPP should never be allowed to get away with this! As you can see from the conclusion in my latest feature article:

The painful aspect of it all is that, they all claim to be legal luminaries! As to what they are taking Ghanaians for, only God knows! They must be made to feel so dizzy that they will think twice or more, before they present another vexatious petition and begin to abuse the Judiciary the next time around! They must either substantiate or be made to categorically withdraw, apologize to God and country, and to commit themselves to for ever hold their peace!

Forward Ever! Backwards Never!

For Life, the Environment, and Social Justice!

Nana Akyea Mensah, Ghana Steering Committee, P-AI, Social Media Campaigns | January 16, 2013

SocialMedia@panafricanistinternational.org - Pan-Africanist International - a grammar of Pan-Africanism and its manners of articulation! www.panafricanistinternational.org

READ THE FULL ARTICLE:
NPP Must Learn To Say “Sorry”!
By Nana Akyea Mensah

The NPP cannot eat their cakes and have them at the same time. In raising an issue that they considered fundamental, to which lawyers for the respondents and the court agreed were very important, as they impugn the credibility of the court. After going to town attacking the credibility of the court, they are seeking to leave a potentially explosive matter legally untested and leaving a room for the much talked-about insurgency against the people of Ghana. Even though the NPP does not seem to have the stomach to carry through their objections to the composition of the panel, they are still publicly claiming that they stand by their concerns, and that they “have not changed”.

Some of us thought that the NPP was going to make sure that the right things are done, from the very beginning of this trial to the very end. At least, that was the impression some of us got when the NPP failed presidential candidate, Nana Akufo-Addo announced at a Press Conference, among other things, that:

“We have now put our case before the court, and are also putting the case before you, the people of Ghana. We leave it for the court to judge the merits. But once again, the NPP, through the petitioners in this case, is seeking to deepen our democracy by strengthening the institutions that are mandated by our Constitution to superintend the electoral process: (1) by ensuring that the Electoral Commission is accountable to the people of Ghana, and (2) the Supreme Court is seen by all as the ultimate arbiter of electoral grievances and disputes.” [1]

How can the Supreme Court be “seen by all as the ultimate arbiter of electoral grievances and disputes”, when this same NPP is making serious allegations against its integrity, and at the same time insisting that even though those concerns “have not changed”, they have not got the time to address them, as they are more concerned with the court concentrating on their task of declaring Nana Akufo-Addo as the President of Ghana in an “expeditious” manner? Is it possible to make wild accusations and refuse to substantiate simply because one has not got the time? Even thought the petitioners have expressed the intention not to pursue the objection to the composition of the court, a member of the NPP legal team, Madam Gloria Akuffo maintains publicly that the concerns expressed by the NPP respective to a particular judge “have not changed”. [2]

So, if those concerns “have not changed”, what are those concerns? According to Ms Gloria Akuffo, it was for the purpose of maintaining the sanctity of the judiciary that the NPP requested an in-camera hearing of its objections to the panel of judges hearing the NDC's joinder application. "It is for the purpose of strengthening our democracy that we thought we should adopt the procedure...to be heard in-camera; it is for the stability of this country; it is for the security of this country; it s to maintain the integrity and respect for the judiciary. But if the court - they are the final arbiters - ...think that having disclosed the nature of our objection we should still bring it formally we will respect the court's decision,” she said. [3]

Is it not simply amazing that the NPP insists that their concerns which involve serious issues such as “the security of this country”, “maintaining the sanctity of the Judiciary”, “strengthening our democracy”, “to maintain the integrity and respect for the judiciary.”, no longer matter? And that what matters is simply “an expeditious determination of the petition” in order to make Mr. Akufo-Addo, the President of Ghana, as quickly as possible? Is the NPP trying to tell Ghanaians and the rest of the world that our Judiciary has nothing else to address, even where its own integrity is at stake, other than declaring Nana Akufo-Addo as the President of Ghana? Apparently, the President-at-all-costs, Nana Akufo-Addo can close his eyes to any principle of fairness, and moral scruple, rule of law, any arithmetic, any judge, any democratically elected President, who seems to stand in the way!

What the NPP is telling us is that they care less about their much vaunted “the security of the state”, “the stability of this country”, “the sanctity of the Judiciary”, etc., so far as Nana Akufo-Addo is declared President by the Supreme Court! Otherwise, they would have taken the time to address those issues, especially as they claim publicly that those concerns have not changed. I fully agree with the views of Mr Kofi Abotsi, who observed on Joy FM's news analysis programme Newsfile Saturday, that the practice of raising objection to a panel member is a regular exercise in the law courts. And that the main problem however is that the party could have exercised some sober reflection on the matter, before raising an objection:

“What might have changed?” he questioned: “Because you have created a scenario that has been discussed and suddenly there has been a withdrawal, assuming the relationship involved that is being discussed, the relationship hasn't changed; assuming that there are some serious evidences that have been gotten in respect of that judge, which fundamentally prejudices him as a judge sitting in respect of this matter, has that fundamental scenario changed? I think if the status quo remains then it means that there are even more questions why in the light of status quo you would want to proceed while you feel very uncomfortable with that Judge, and what the effect might be if that judge rise to judgement you find fundamentally problematic in the light of facts that have not been disposed? So clearly there are serious perceptual issues that might have been created, and I think that is what may affect the issue of withdrawal.” [4]

I find it very alarming that the NPP claims it insists on their objections raised, even though they have no wish to contest the case, no matter how important this might be. Is this case going to proceed with the NPP hinting at unsubstantiated objections to the composition of the court, even though their concerns “have not changed”? It makes me wonder how a case that was specifically adjourned with a court order to file a motion, issued after the lawyers for the New Patriotic Party protested the composition of the court, can now go ahead on the grounds of “an expeditious determination of the petition”, despite the seriousness of their objections, most especially considering fact that they claim to be still standing by those concerns?

They argued that the composition of the court, presided over by Justice Atuguba, is skewed against them. Nothing has changed. They still insist they are right to impugn the credibility and integrity of the Supreme Court. There are nine Supreme Court judges sitting on the case. NPP was expected to file a motion to state their case. After storming out of court screaming furiously that they were going to work on their motion, all that came out was a letter declaring an intent “not to pursue the matter”. What does that mean? This is even worse than a simple inability to substantiate a case of defamation. Is the NPP trying to tell the court, they are incapable of executing their order to file a petition, even though they still believe that the composition of the court, presided over by Justice Atuguba, is skewed against them?

Is it a way of saying, “My Lords, you are biased, we insist on that, but carry on judging because we are in a hurry, and we have no time to substantiate our wild allegations!”? Where did they acquire their sense of decency and this type of arrogance? It is very alarming that instead of pursuing their motion in court, the NPP has resorted to media propaganda aimed at undermining the credibility of the Panel of Judges, especially Justice William Atuguba. Only today, Tuesday, 15 January 2013, a group calling itself Militant Patriots of Ghana (MPs) issued a statement which stated among others:

“We, of the Militant Patriots of Ghana (MPs) have been watching with unease the recent turn of events at the Supreme Court where a judge, Justice William Atuguba made comments which can only be described as highly reckless and prejudicial. By these comments, the said judge has left himself no other alternative than to recuse himself from the case involving Nana Akufo-Addo and others v John Mahama and EC. We are confident that, with the benefit of hindsight, Justice William Atuguba himself will have come to the conclusion that his extra-ordinary outburst was ill-conceived, misleading and a serious error of judgement. In that vein he therefore cannot continue to serve as a judge on this matter. If he has any iota of conscience left, then he should recuse himself. The statement that “this country is solid but is breaking down because principles are being chopped down… This is not good” is in bad taste. Such definitive, conclusive and judgmental statements are normally reserved for end of trials and not at the beginning of trials. How can Justice Atuguba serve as a judge in the light of such definitive statements? We find this as a rather highly extra-ordinary turn of events.” [5]

These are not light accusations to be made at the highest court in the land, and to recklessly raise them in court, and claim a lot of interest in its pursuit, whilst insisting on it is the most perfidious thing any plaintiff can do to the stability, and peace of this country, as well as to our Supreme Court. It is not like the sharing of state lands among NPP functionaries and leading members, where one can withdraw without any repercussions. The arguments they advanced cited grave issues and concerns which, according to them, have not even changed, yet they want to brush these fundamental issues aside, and proceed with a judgement! Is it a way of engineering a window of escape into mayhem, death and destruction, should the judgement go against the NPP? They must be made to formerly withdraw and apologize for the attempt to smear the court, or ordered to proceed with that motion!

Withdrawing the allegations and rendering unqualified apologies is something the NPP ought to have done on its own without even being told to do so by others. The reason is simple. It even has a name. It is called “good manners”. You can not accuse someone of murder and then turn around to arrogantly say you have no time to present the evidence when ordered by a competent court to do so! What makes this even worse is that far from an apology, they still insist their concerns have not changed, so they are even unable to render sincere apologies! As Nana Ato Dadzie recently pointed out, an apology is required, most especially after the General Secretary of the NPP, Kwadwo Owusu Afriyie, had threatened to expose the judge they objected to, which the NDC have speculated to be Mr William Atuguba, with 'more challenging things'. According to him, the “horrendous” statements made by Mr Owusu Afriyie, moment after the objection was raised in court, should as well be condemned.

Nana Ato Dadzie's observation that the procedures used by the NPP to raise the objection and rescinding it were wrong, makes perfect sense. “You will have to ask the registrar, by way of a letter, to have the court sit and then you bring a formal application withdrawing your objection... what happens to the written order? There must be record that the written order itself has been revoked” How does the court revoke the order when the NPP maintains it still stands by those accusations? I hope they receive a good dressing by the Supreme Court for such an unacceptable behaviour, which contributes more as a threat to the sanctity and the integrity of the Judiciary than their perceived concerns!

I just learned that Nana Ato Dadzie, a counsel member of the NDC that is seeking to join the petition, speaking on Joy FM's news analysis programme Newsfile contended: “You accused a panel of likelihood of bias and you don't name the person, you put all nine judges in a problematic position…into disrepute”, and so following the order of the court asking the NPP to file a motion, the proper thing to do, if they seek to withdraw their motion, is to go back to the Lords to to render unqualified apologies to judges at the Supreme Court, especially Justice William Atuguba, for embarking on an action that sought to injure the integrity of the panel to hear the NPP's petition against the 2012 election results.

“If you've changed your mind, the proper thing to do is to go before the nine judges and say, Lord we are on our kneels, we apologize… That is the more honourable thing to do... All the nine judges, particularly Justice Atuguba and the people of this country are entitled to an unqualified apology from the legal team that went to make some allegations of impropriety against the judges to frustrate and delay this trial,” he insisted. [6]

I also like the way a commentator on Ghanaweb, General de Gaule put it: “Their concerns have not been addressed so how can they be allowed to rescind their decision? The only legal basis for rescinding their decision is for them to accept that it was unfounded and not because they want an expeditious hearing. Justice cannot be sacrificed at the altar of expediency. They must come up with a formal objection or accept that it was unfounded.” [7]

This is a serious development and must be nipped in the bud before it germinates to cause trouble in the future. The fact that the NPP insists upon even not apologizing for what could probably amount to a contempt makes the call for apologies even more urgent. In sharp contrast to Nana Ato Dadzie's call on the NPP to apologize for the disgraceful performance, Mr. Faibille, stated that looking at the case the NPP has presented before the Supreme Court, it would totally be wrong for them to make a fuss about Mr. Dadzie's “red herrings”. Lawyer Egbert Faibille proceeded to counsel Nana Ato Dadzie to remain “focus” instead of trying to offer moral tutorials to his political opponents:

“Nana Ato Dadzie must focus on his work for the NDC's legal team and leave the NPP to prosecute their case. I think that when a case is before court, it is beneficial to focus on it rather than the mere shenanigans. There is no use and if the NPP doesn't apologize, what can he do,what can Nana Ato Dadzie do?” he inquired." [8]

“More worrying is the concerns by a section of the public that the intended public education by IDEG and GBA would in lieu of enhancing public knowledge on electoral adjudication, be pouring more fire in the already polarised public discussion of the matter which has already been laid before the Supreme Court, and thereby raising fears of prejudicing the court's proceedings.

Coming at the heels of last Thursday's drama at the Supreme Court where the NPP had requested an In-camera hearing after questioning the credibility of a panel member only to turn down an order to state the protestation, it is suspected that the intervention by IDEG and GBA is a ploy, calculated to undermine the eventual verdict of the Court and as a way of preparing the minds of the Public to reject the outcome of the court's decision.

Even before the dust settles on his quick u-turn from citing reasons they opposed the membership of the panel assembled by Her Lord Chief Justice, Georgina Theodora Wood to hear their election petition, the Ghana BAR Association and the Institute of Democratic Governance (IDEG) have offered themselves to be used as their grey-knight. The two groups heavily perceived to be politically aligned to the NPP has announced their intention to embark on a series of public education under the disguise of sensitizing the public on the mandate of the Supreme Court.” [9]

The painful aspect of it all is that, they all claim to be legal luminaries! As to what they are taking Ghanaians for, only God knows! They must be made to feel so dizzy that they will think twice or more, before they present another vexatious petition and begin to abuse the Judiciary the next time around! They must either substantiate or be made to categorically withdraw, apologize to God and country, and to commit themselves to for ever hold their peace!

Forward Ever! Backwards Never!
For Life, the Environment, and Social Justice!
Nana Akyea Mensah, Ghana Steering Committee, P-AI, Social Media Campaigns | January 12, 2013

SocialMedia@panafricanistinternational.org - Pan-Africanist International - a grammar of Pan-Africanism and its manners of articulation! www.panafrica
Whatever 11 years ago

Your upcoming article is rightly on point. I saw sir John in the aftermath of the first hearing, standing on the premises of the Supreme Court and in an interview with the press, poured contemptuous insinuation upon insinuati ...
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Your upcoming article is rightly on point. I saw sir John in the aftermath of the first hearing, standing on the premises of the Supreme Court and in an interview with the press, poured contemptuous insinuation upon insinuation on Justice Atuguba persona. Today when the Supreme court resumed their sitting, the only rebuke, cast in statement, which came from one of them astonishingly went the way of an unrelated NDC lawyer who had simply alleged in radio telephone interview which was miles from the SC building that there is a Justice who is a former member of the NPP. He didn't mention his name and his comment was a reaction to what Sir John and his NPP were doing to Atuguba. We want Atuguba to uphold his belief that principle are being chopped by firstly dressing down the NPP for their brazen attempt to run down the head of the panel with cruel remarks about him in public.
IDRIS PACAS 11 years ago

We were dumbfounded not see NPP organize a press conference to state its objection to Justice Atugeba and another one to object to its own objection to the same Justice? Oh! NPP, always consider the pros and cons of every act ...
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We were dumbfounded not see NPP organize a press conference to state its objection to Justice Atugeba and another one to object to its own objection to the same Justice? Oh! NPP, always consider the pros and cons of every action you intend to execute. God bless the President and our NDC family!
Martin/PA 11 years ago

The noose is around the neck of the NPP. Their actions and pronouncements are tighting the noose everyday. Better live to fight another day. What they are doing now is alienating the public from its cause. Except for the dieh ...
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The noose is around the neck of the NPP. Their actions and pronouncements are tighting the noose everyday. Better live to fight another day. What they are doing now is alienating the public from its cause. Except for the diehard core many sympatizers are gradually peeling away. Good idea going to court for redress of grievances but the method been used is disconcerting.
Martin/PA 11 years ago

The noose is around the neck of the NPP. Their actions and pronouncements are tightening the noose everyday. Better live to fight another day. What they are doing now is alienating the public from its cause. Except for the di ...
read full comment

The noose is around the neck of the NPP. Their actions and pronouncements are tightening the noose everyday. Better live to fight another day. What they are doing now is alienating the public from its cause. Except for the diehard core many sympatizers are gradually peeling away. Good idea going to court for redress of grievances but the method been used is disconcerting.

Has NPP Opened Supreme Court’s Pandora Box?

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