Justice of Contempt

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K. Boateng 10 years ago

NPP Voodoo Professor, how many electoral faxjack machine did you manufacture in Dzorwulu today?

NPP Voodoo Professor, how many electoral faxjack machine did you manufacture in Dzorwulu today?
Nyansasem 10 years ago

Thank you, Mr. Asare. It seems Atuguba does not understand democracy and the earlier someone responds to his barbaric act the better for us. We are not ready to go back into a state of silence as happened some years ago when ...
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Thank you, Mr. Asare. It seems Atuguba does not understand democracy and the earlier someone responds to his barbaric act the better for us. We are not ready to go back into a state of silence as happened some years ago when soldiers raped and abused mothers, children and school children and made us cowards. We are now a democratic state, govern by constitution; the same constitution that allows Atuguba to be head of the 9-member SC for the election petition. It is the same constitution that allows we the people freedom of speech. And like you said, freedom of speech is not absolute but it can't and shouldn't be selective either.

It is the court that has brought themselves into disrepute. From the infancy of this trial, Atuguba sat there unconcerned and allowed a lawyer to INSULT another lawyer in his presence and in front of the world audience. And then by his voting pattern that would make even a hearing impaired patients tick, it was obvious he is biased against the petitioners. He can fool only himself by thinking that the rest of the people are fools.

How will the rest of the global look at us? The Kenyans have done it in no less time and yet, here we have our judges waking up in the morning and reading junks and garbage to find out who are criticizing them. Will they set time aside now to bring to court those who are criticizing them or will they sit their freaking black arses down to finish with this petition?

Yes, like you said, respect is earned and they will not get any respect from we the people by trying to cow us into silence but by their deeds at the court. And as far as we have seen, Atuguba and his bench do not get any respect from we the people.

We will fight the power that be for our freedom of right.
AWUNI. 10 years ago

THIS THE SAME JJ PNDC COURT WHICH TRIED FORMER HEADS OF STATES IN 3 DAYS AND MURDERED THEM THE 4TH DAY, COURT OF NO CHALLENGE

THIS THE SAME JJ PNDC COURT WHICH TRIED FORMER HEADS OF STATES IN 3 DAYS AND MURDERED THEM THE 4TH DAY, COURT OF NO CHALLENGE
Akufo Addo 10 years ago

See how idiots you can be! You have no case and yet want to create chaos in the country. Dare and you will all see where power lies. Idiots.

See how idiots you can be! You have no case and yet want to create chaos in the country. Dare and you will all see where power lies. Idiots.
Kakraba Cromwell 10 years ago

He writes
"In the end, the Justices will be respected not because they have the power to throw us in jail but because of the power of their reasoning and timely resolution of disputes before them."

How can one resolve any ...
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He writes
"In the end, the Justices will be respected not because they have the power to throw us in jail but because of the power of their reasoning and timely resolution of disputes before them."

How can one resolve any dispute if we a state apparatus is disrespected?
this whole article is absolute TRASH!!!!
Wiafe 10 years ago

Anyone can comment on decisions of the court. But Awuku was disparaging the court--when the court is in the process of coming out with a decision/verdict.

Awuku is not a neutral Ghanaian observer/ He has been attending th ...
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Anyone can comment on decisions of the court. But Awuku was disparaging the court--when the court is in the process of coming out with a decision/verdict.

Awuku is not a neutral Ghanaian observer/ He has been attending the court proceedings as a supporter of the petitioners. So his viwes are biased and tainted with the desire to "influence" the court's future decision.

After the verdict--we all have the right to comment on the court's decsion--but not in the middle of deliberations.
Bobo 10 years ago

Thanks, Wiafe. In addition, this article qoutes dicta from Lord Denning and other justices which end up vindicating the view that comments on judicial decisions should be fair and/or made faithfully. The entire article reveal ...
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Thanks, Wiafe. In addition, this article qoutes dicta from Lord Denning and other justices which end up vindicating the view that comments on judicial decisions should be fair and/or made faithfully. The entire article reveals an academic dishonesty on the part of K Asare. Is Asare saying that to refer to justices as hypocrites and bais is a fair comment? Never!!! That comment is ridiculing and exciting disaffection against the administration of justice, and which comment is contemptous, period. Because Asare is so immersed in the cloud of partisanship, he can never see this comment as exciting public disaffection against the justices, particularly Atuguba who is always being mentioned. May God help us if these are the academicians we have in the country.
Kofi Ata, Cambridge, UK 10 years ago

Azar, how are you and are you back?
Though I wish the Justices had not subjected Awuku to what happened in court yesterday, I beg to differ with you regrading freedom of speech and the allegation of intimidation by the Justi ...
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Azar, how are you and are you back?
Though I wish the Justices had not subjected Awuku to what happened in court yesterday, I beg to differ with you regrading freedom of speech and the allegation of intimidation by the Justices.

My main difference with you and particularly, in the case laws you relied on to make your argument is that, there is a difference between comment on an ongoing case and comment on a judgement. In the UK case that you cited, it was not a comment on a case that was still pending before the court but on the judgement. When cases are still being heard by the courts, especially, the higher ones, the media and the public in the UK are very careful on commenting. However, when judgement is given, it's free for all and if the media and the public do not agree with the decision, the judge/s is/are taken to the cleaners. Even politicians do join in to criticise the ruling.

The problem in Ghana is that whilst this case is still pending, the Justices have become subjects of attacks and every decision is criticised by parties have partisan interests in the case and that is the real difference or problem.

Again, this case has the potential to cause conflict in Ghana and one must be very careful with comments and how the whole case is managed. That is why probably, the Justices wanted to send a strong message to all and sundry. I am not sure it was a deliberate attempt to intimidate the media or the public from commenting on the case or even curtail freedom of speech, which is guaranteed in the Constitution and must be protected by the Justices.

As you rightly stated, freedom of speech is not absolute and it is within this context that I will excuse the Justices for their action yesterday. I think they were pushed to the wall and we should not judge them by this act only but what happens therefore and in totality.

As I pointed out in my last e-mail to you, the postmortem of this case will be better done after the judgement rather than in piecemeal.
Kakraba Cromwell 10 years ago

My point exactly. Thanks for putting it so clearly

My point exactly. Thanks for putting it so clearly
Togbe Afede 10 years ago

Kofi Ata

In civilized jurisdictions, a distinction is made between trial by judge and trial by jury. It is commonly assumed that jurors need to be protected from commentary while the case is ongoing. If so, the solution is ...
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Kofi Ata

In civilized jurisdictions, a distinction is made between trial by judge and trial by jury. It is commonly assumed that jurors need to be protected from commentary while the case is ongoing. If so, the solution is to to sequester the jurors not to freeze speech.

For the trial by judges, only insecured judges will have time to monitor what people are saying on radio, TV and the newspapers.

Ask Judge Ito to tell you about Jay Leno.

We are 100 years behind
Benash 10 years ago

Kakraba wu maame twe kankan wati. If your brains can not comprehend what Asare wrote that's your fault. Besides Asare didn't write this article for English in a master's degree program so shut the fuck up. His concern and mes ...
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Kakraba wu maame twe kankan wati. If your brains can not comprehend what Asare wrote that's your fault. Besides Asare didn't write this article for English in a master's degree program so shut the fuck up. His concern and message was clear. If you think you can write better than what he wrote just do that but don't bring your stupid, foul mouth here acting like a doctor of English language. Even if you are who gives a shit. People like you are the reason why Ghana will never move forward because you are always attacking someone's article. Motherfucker like you.
A. Nyamaa 10 years ago

Prof
Thank you for being on the side of reason.
I was in Accra over the weekend. Justice Atuguba,s warning was being replayed in the taxi on my way from the Airport. At the mention of the Daily Guide, the taxi driver said ...
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Prof
Thank you for being on the side of reason.
I was in Accra over the weekend. Justice Atuguba,s warning was being replayed in the taxi on my way from the Airport. At the mention of the Daily Guide, the taxi driver said "You see, this man koraa why is he singling out the daily Guide?"
Sammy Awuku was not the only one who thought The Honourable Judge was being selective.
I have a lot of respect for the Judges but if I have a right to have an opinion and express it then I think they are taking the first steps in denying free speech.

The day the opinions of Taxi drivers start to frighten the whole supreme court then our democracy becomes imperiled.
The real Truth 10 years ago

Asante/Akyem party of stupid pathetic "educated" IDIOTS. Why don't you use Asantehene drug money to form your kingdom of ILLUSION?

Asante/Akyem party of stupid pathetic "educated" IDIOTS. Why don't you use Asantehene drug money to form your kingdom of ILLUSION?
Nana Yaw 10 years ago

Thank you. Are you married? If not, my sister is all yours.

We need people like you to stand up for us.

Thank you. Are you married? If not, my sister is all yours.

We need people like you to stand up for us.
Kofi Ata, Cambridge, UK 10 years ago

My friend is married to my former boss's daughter. It's too late.

My friend is married to my former boss's daughter. It's too late.
ghanaba 10 years ago

Has the judiciary taken over from the military where citizens mouth could be zipped by order and rain threats and intimidations on poor hungry ghanaians? This reminds me of the olden days when soldiers commanded us to sleep ...
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Has the judiciary taken over from the military where citizens mouth could be zipped by order and rain threats and intimidations on poor hungry ghanaians? This reminds me of the olden days when soldiers commanded us to sleep at 6pm. Is the juciary powers not conflicting with that of democracy? Ei Ghana! Atuguba should know the power belongs to the people because the people can make him uncomfortable. I rest my case.
Sam 10 years ago

You guys are nation wreckers! The court has spoken and u r still here displaying yout biases. Sammy said on radio that d judges are hypocrites and selective and you find nothing wrong with this? Wake up from your slumber. The ...
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You guys are nation wreckers! The court has spoken and u r still here displaying yout biases. Sammy said on radio that d judges are hypocrites and selective and you find nothing wrong with this? Wake up from your slumber. These words r clear insults n no doubt he had to b cautioned.
HELL FIRE. 10 years ago

WAR IS THE ONLY ANSWER, WAR CAN ONLY SETTLE DISPUTES. LIBERIA IS DEVELOPING FAST AFTER A WAR. SO,LET THERE BE WAR. IT'S ONLY DURING WAR THAT THE CORRUPT ONES, NATION WRECKERS COULD BE ELIMINATED AND AFTER THAT, THERE WILL BE ...
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WAR IS THE ONLY ANSWER, WAR CAN ONLY SETTLE DISPUTES. LIBERIA IS DEVELOPING FAST AFTER A WAR. SO,LET THERE BE WAR. IT'S ONLY DURING WAR THAT THE CORRUPT ONES, NATION WRECKERS COULD BE ELIMINATED AND AFTER THAT, THERE WILL BE PEACE AND DEVELOPMENT.
Kojo 10 years ago

When war breaks out will you live to see its so called benefits?

When war breaks out will you live to see its so called benefits?
GAWUKO 10 years ago

Where do you want this war to be fought? Fight in your home and see what remains of it. Leave Ghana alone, you blood thirsty b.....

Where do you want this war to be fought? Fight in your home and see what remains of it. Leave Ghana alone, you blood thirsty b.....
John Mensah 10 years ago

Did you understand what he wrote? Some of you just have a computerbut cannot use your brains

Did you understand what he wrote? Some of you just have a computerbut cannot use your brains
John 10 years ago

Please if you did not hear what sammy awuku said then ask peace fm to send you a copy of the tape and stop this folish propaganda.

Please if you did not hear what sammy awuku said then ask peace fm to send you a copy of the tape and stop this folish propaganda.
Togbe Afede 10 years ago

Does it matter what he said? Are the Justices some Gods or what?

Does it matter what he said? Are the Justices some Gods or what?
Atia, USA 10 years ago

I can bet my last dime that Atuguba is leading Ghana to a civil war. He is so biased he refuses to see the mess he's created. This case before the supreme court could have been resolved by one of our traditional chiefs in one ...
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I can bet my last dime that Atuguba is leading Ghana to a civil war. He is so biased he refuses to see the mess he's created. This case before the supreme court could have been resolved by one of our traditional chiefs in one week. Yet Atuguba has spent 7 months and we are still counting pink sheets......what a mess?
Kobena 10 years ago

Kwaku,
You are right about the selectivty of the court's reaction. In fact, it lost control right at the beginning when people like Asiedu Nketia, Sir John, Sammy Awuku and some newspaper editors and commentators were given ...
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Kwaku,
You are right about the selectivty of the court's reaction. In fact, it lost control right at the beginning when people like Asiedu Nketia, Sir John, Sammy Awuku and some newspaper editors and commentators were given the free reign to make ridiculos remarks about the case.

Interestingly, the President actually pronounced on the outcome of the case about the same tme that Sammy Awuku made those silly remarks.

Let us hope that at the end of the day justice will truly be done in this case.
Concerned Citizen 10 years ago

This article should be read by all Ghanaians. Atuguba is behaving like a monarch.

This article should be read by all Ghanaians. Atuguba is behaving like a monarch.
Okando 10 years ago

You can only hid in a foreign country and write this rubbish and posted it on Ghana web. If you have the balls come down write the article in Ghanaian paper.

You can only hid in a foreign country and write this rubbish and posted it on Ghana web. If you have the balls come down write the article in Ghanaian paper.
Okonko Palm 10 years ago

The concept of contempt was established at common law as "an act or omission calculated to interfere with the administration of justice". The common law is still the starting point for determining what constitutes a contempt, ...
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The concept of contempt was established at common law as "an act or omission calculated to interfere with the administration of justice". The common law is still the starting point for determining what constitutes a contempt, and case law has established the powers of courts to deal with contempt

It clear that contempt is determined by case law as a shield to protect prejudicial court reportage and unguided utterances whilst the proceedings of the court is on.It also to protect the public interest to ensure that the proceedings is not used to cause public dissatisfaction.

To equate the protection allowed under the law for the courts against that of the individual is disingenuous of this writer.using old case laws and appeal judgments under Lord Denning which is dated to confuse the issue.Under our constitution contempt of court proceedings is determined by our case law and not out of jurisdictional laws which are only persuasive.

The writer a well known NPP operative must advice his people against intemperate language and respect the laws of Ghana.Any attempt by him and his ilks to undermine the judicial powers as he had been doing will only end up destroying that institution at the expense of the people of Ghana.

Very biased and partisan articles from these so called intellectuals will do us no good.What we want from these class is objective,balanced and dispassionate arguments.It is in our interest and their interest to do so.
Ghana FIRST 10 years ago

I fault Georgina Woods for delegating her responsibilities to this biased moron atuguba to have the chance to act like GOD. The npp also chicken out during their initial protest of this fool being made the presiding judge

I fault Georgina Woods for delegating her responsibilities to this biased moron atuguba to have the chance to act like GOD. The npp also chicken out during their initial protest of this fool being made the presiding judge
Wiafe 10 years ago

Awuku knows exactly what he intended his speech to evoke--malice against the judges. Awuku is an NPP paid for firebrand--and so whatever he says is to chamapion NPP's cause.

I am sad Asare wants to clad Awuku in the Ghana ...
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Awuku knows exactly what he intended his speech to evoke--malice against the judges. Awuku is an NPP paid for firebrand--and so whatever he says is to chamapion NPP's cause.

I am sad Asare wants to clad Awuku in the Ghana flag with freedom written all over it. But it is sad--because
Asare knows better--but he allowed his non-rational side to take over.

Ghana does not have stellar democratic credentials. What we have is mostly freedom for most people to be poor and the few (political vampires) to be rich. We do have some media freedom--but that is tempered by corruption and host of partisan hacks.

Awuku is just positioning himself for a lucrative job in case NPP wins. Awuku is not the exemplar of freedom and democracy. He is just gambling...that the gains (a top job from NPP will outweigh the punishment).

Justice of Contempt

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