Who is the prosecutor, who is the judge in this case?
Who is the prosecutor, who is the judge in this case?
HEEE 10 years ago
DIRECT AND IDIRECT CRIMINAL CONTEMPT? WHAT IS THAT .-)
DIRECT AND IDIRECT CRIMINAL CONTEMPT? WHAT IS THAT .-)
Bobo 10 years ago
Is this so called Prof intact up there? You think the CJ has supervisory jurisdiction of the judicial work (as distinct from administrative matters) of any court (let alone the SC) in Ghana. The fact that you are a prof does ... read full comment
Is this so called Prof intact up there? You think the CJ has supervisory jurisdiction of the judicial work (as distinct from administrative matters) of any court (let alone the SC) in Ghana. The fact that you are a prof does not mean you can spew out any trash on the net and expect everyone to swallow it hook and sinker. Go take some medicine to cool down your demented brain.
Zoobie-Zoobie 10 years ago
even a prof
even a prof
SUNDIATA KEITA 10 years ago
and same to you, i guess, you can say what you like but you cannot call poeple fools that you don't know.
and same to you, i guess, you can say what you like but you cannot call poeple fools that you don't know.
OLD SOLDIER 10 years ago
AUTHOR: MARTIN A.B.K. AMIDU....
It would appear that those in control of the NDC, for the time being, were bent on excluding other bona fide members of the Party who may wish to lay democratic claims to who becomes the ne ... read full comment
AUTHOR: MARTIN A.B.K. AMIDU....
It would appear that those in control of the NDC, for the time being, were bent on excluding other bona fide members of the Party who may wish to lay democratic claims to who becomes the next flag bearer of the Party by excluding them even before the mortal remains of the demised President were interred. It is also symptomatic of how political party elites in Ghana and Africa worm their way into the confidences of persons perceived as likely to ascend to power positions for purposes of eventual personal economic gain at the expense of the generality of the mass of Party members and the Nation which every President swears to serve under the Constitution...
Akwasi 10 years ago
You and others give the CJ in Ghana too much power. That is why she acts like a dictator. How can she decide on a contempt case involving a live case before a competent court? If she intervenes, it will be wrong in law and ev ... read full comment
You and others give the CJ in Ghana too much power. That is why she acts like a dictator. How can she decide on a contempt case involving a live case before a competent court? If she intervenes, it will be wrong in law and everything else. But that will not be the first for Georgina Wood.
Ken 10 years ago
EDUCATION
J.D. (Cum Laude) University of Florida, May 2006
Ph.D., University of Arizona, May, 1989
M.B.A. Baylor University, May, 1985
B.Sc. (First Class Honors), University of Ghana, October, 1982
PROFESSIONAL CERT ... read full comment
EDUCATION
J.D. (Cum Laude) University of Florida, May 2006
Ph.D., University of Arizona, May, 1989
M.B.A. Baylor University, May, 1985
B.Sc. (First Class Honors), University of Ghana, October, 1982
PROFESSIONAL CERTIFICATION
CFE Association of Certified Fraud Examiners, September, 1996
Florida Bar, October, 2006
ACADEMIC APPOINTMENTS
UNIVERSITY OF FLORIDA
KPMG Term Professor 2007 - Present
Graduate Coordinator, Ph.D. Program (Accounting) 2006 - Present
Deloitte Honor Roll Fellow 1999 - 2007
Associate Professor of Accounting, 8/96 - present
Assistant Professor of Accounting, 1/89 - 7/96
BOSTON COLLEGE
Visiting Associate Professor of Accounting, 9/97 - 5/98
UNIVERSITY OF ARIZONA
Teaching Associate, 1/84 - 12/88
UNIVERSITY OF GHANA
Teaching Assistant 9/82 – 8/83
RESEARCH AWARDS AND HONORS
AICPA and IAASB Research Grant on Unqualified Audit Report communications 2007
KPMG Peat Marwick Business Measurement Research Grant 2000
AICPA Research Grant on Fraud Detection 1999
KPMG Peat Marwick Business Measurement and Case Development Program 1998
KPMG Peat Marwick Faculty Fellow 1994 - 1997
KPMG Peat Marwick Research Fellow 1992 - 1994
KPMG Peat Marwick Research Grant 1991
KPMG Peat Marwick Research Grant 1990
AICPA Dissertation Grant 1988
TEACHING AWARDS AND HONORS
Cook Teaching Award for Excellence and Innovation in Teaching 2007
Cook Teaching Award for Excellence and Innovation in Teaching 2003
University of Florida FSOA Undergraduate Teacher of the Year 1999
Cook Teaching Award for Excellence and Innovation in Teaching 1997
University of Florida College of Business Undergraduate Teacher of the Year 1
Wiafe 10 years ago
All that is just pure elitism. A JD from Florida U. is no biggie.
All that is just pure elitism. A JD from Florida U. is no biggie.
Asempaneye 10 years ago
Kwaku Aza,
You are absolutely wrong on the powers of the Chief Justice. By law, in the performance of their duties, all the justices are equal. The Chief Justice only as administrative powers and this has never included ba ... read full comment
Kwaku Aza,
You are absolutely wrong on the powers of the Chief Justice. By law, in the performance of their duties, all the justices are equal. The Chief Justice only as administrative powers and this has never included baby-sitting the other justices, even in your "so-called" developed world.
By this ignorant but politically motivated, contrived fib, you are not qualified to be a professor of law, but rather, professor of azah.
Alex 10 years ago
The Prof. is giving his expect view on a matter and all that we can do is to insult him without pointing to any wrong/false claim in his writing. At least those of us who want to learn find it refreshing to read such writings ... read full comment
The Prof. is giving his expect view on a matter and all that we can do is to insult him without pointing to any wrong/false claim in his writing. At least those of us who want to learn find it refreshing to read such writings. It is far better than those articles full of allegations and name callings. Prof. some of us enjoy your writings so keep it up
Emmanuel 10 years ago
Well spoken Alex,don't mind those who think they are literate.You have to be numerate to understand such important and educative articles.
Well spoken Alex,don't mind those who think they are literate.You have to be numerate to understand such important and educative articles.
The African Patriot 10 years ago
Nice one. It seems that those against the writ of the Prof. Asare have not understood the topic raised by Prof. Asare otherwise they will not write such a disqualified piece here.
Please go back to the article of the Prof. ... read full comment
Nice one. It seems that those against the writ of the Prof. Asare have not understood the topic raised by Prof. Asare otherwise they will not write such a disqualified piece here.
Please go back to the article of the Prof. Asare and compare his advice to the answers of the chief justice.
The question here is indirect or direction crime. What is the process needed to be taken to invite a person or group to the court. A country without laws and rules sink, due to lack of freedom of speech and press freedom. The court should have invited these 3 people in a writing form. What a shame to the highest court of the nation.
Nii Lante Okunka 10 years ago
Kudos Alex.Once in awhile someone comes through this medium and makes a whole lot of sense.Those of us who want to learn did so after reading the piece by the professor.Our other free-facts-opinionated contributors who'll rat ... read full comment
Kudos Alex.Once in awhile someone comes through this medium and makes a whole lot of sense.Those of us who want to learn did so after reading the piece by the professor.Our other free-facts-opinionated contributors who'll rather cuss than learn were at it again.I thought explaining the distinctions between direct and indirect contempt nourished my mind about the law without any cost to me and I'm more thankful and overly grateful for it.
STONER KOBYLYNTON 10 years ago
Hei Alex, you are among people who want to learn from the brainy ones. Keep on with such life, be a good listener and also be a wild reader to broaden your intellect. Have a wonderful day.
Hei Alex, you are among people who want to learn from the brainy ones. Keep on with such life, be a good listener and also be a wild reader to broaden your intellect. Have a wonderful day.
Asempaneye 10 years ago
Alex,
Please see my post above. Kwaku Azah is writing to a political agenda and is employing fibs as crutches. Thre is no law he is claiming, not even in his adopted home of USA. As an academic, he must not educate; he sho ... read full comment
Alex,
Please see my post above. Kwaku Azah is writing to a political agenda and is employing fibs as crutches. Thre is no law he is claiming, not even in his adopted home of USA. As an academic, he must not educate; he should stop behaving like the Kejetia letter writter, who makes it up as he goes along to suit his predeliction.
MR. FIGURE-OUT 10 years ago
.......Prof Kwaku asare, The show off of power demonstrated by the Atuguba led supreme court can, at best, be described as Ghana made, a justice brewed in evil trokosi pot. Trokosi Lithur and Tsatsu openly demonstrated arroga ... read full comment
.......Prof Kwaku asare, The show off of power demonstrated by the Atuguba led supreme court can, at best, be described as Ghana made, a justice brewed in evil trokosi pot. Trokosi Lithur and Tsatsu openly demonstrated arrogance before Atuguba with the later yelling at a colleague lawyer whilst the formers threw document in the face of the free educated presiding Justice, Atuguba, a clear case of gross disrespect to the ' old school panel of judges'.
Ghanaian, NY 10 years ago
Prof Asare, as we aply logic in legal analysis we should not lose sight of avoidable troubles that could have happened in the country if NPP did not consider it democratically prudent to go to court instead of the street. We ... read full comment
Prof Asare, as we aply logic in legal analysis we should not lose sight of avoidable troubles that could have happened in the country if NPP did not consider it democratically prudent to go to court instead of the street. We are not out of the woods yet. The case is still in court, and SC is trying to control matters that may be able to agitate supporters of both parties to go for the worst.
As the SC panel tries to apply unbias legal judgement, as far as the elections dispute case is concerned, they are being proactive to stamp out agitating elements. If anybody has contributions to make for the welfare of the nation, support of the supreme court judges is eminent.
Arrogance, disrespect, insults and trying to proof you know more than they do, I think do not help.
mahama must come clean 10 years ago
GOD SEE atuguba,GOOD FOR HIM,HE THINK THAT THIS THE END,NO NO NO,GOD IS POWER THAN HIM
GOD SEE atuguba,GOOD FOR HIM,HE THINK THAT THIS THE END,NO NO NO,GOD IS POWER THAN HIM
abu 10 years ago
YOU ARE BLINDED BY POLITICS, PROF IF YOU ARE INDEED ONE
YOU ARE BLINDED BY POLITICS, PROF IF YOU ARE INDEED ONE
jk 10 years ago
In your dreams.This is Ghana
In your dreams.This is Ghana
Kakraba Cromwell 10 years ago
i think so.
He has so much time on his hands he wants to be noticed. Ghanaians please allow him to behave like a rich spolit kid.
hehehehe
i think so.
He has so much time on his hands he wants to be noticed. Ghanaians please allow him to behave like a rich spolit kid.
hehehehe
Ghana Ni 10 years ago
I am less cocerned about Prof. seeking attention, with facts, than some Judges assuming we are ignorant and therefore bullying us or throwing dust into our eyes.
Remember when Ken Kuranchie complained about the manner he w ... read full comment
I am less cocerned about Prof. seeking attention, with facts, than some Judges assuming we are ignorant and therefore bullying us or throwing dust into our eyes.
Remember when Ken Kuranchie complained about the manner he was "invited" to the S/C, the Court then did the proper thing by serving him with written summons, thus acknowledging they did not follow proceedures, as the Prof. has been pointing out.
Plesae tell us just one thing the Prof has said that is not correct, referring me/us to where in our laws/constitution that allows the S/C to behave the way it is behaving?
MENSAH 10 years ago
Bullshit may propel you to the top, but it will not keep you up there.
Once there was a young cock that was trying to fly high like the eagle. After many attempts, it was only able to reach the lower branches of a big tree. ... read full comment
Bullshit may propel you to the top, but it will not keep you up there.
Once there was a young cock that was trying to fly high like the eagle. After many attempts, it was only able to reach the lower branches of a big tree.
A bull happened to come by. It saw what the cock was trying to do. " Hey! Cock, since you do not have the strength to fly high, why don't you eat some of my shit? There are very nutritious. I am sure that after taking them you can fly high."
The cock thought for a while and agreed to give it a try. So the bull pooped out some shit whereupon the cock ate them. After some time, the cock felt very strong. With its first attempt it was able to reach the top of the tree. It felt very proud and gave out a long and loud crow.
A hunter who was nearby got attracted by the loud crow of the cock. He quickly took aim and shot the cock down.
That's how bullshit can propel you to the top, but it will not keep you up there.
DJ.Daabodaabo 10 years ago
GHANA IS A FUNNIEST PLACE TO LIVE. BECAUSE WE PREJUDGE SO FAST. WE TALK WITHOUT CONDUCTING ANY RESEARCH. WHAT IS UP NEXT AS AN EXPERT ADDED THESE FACTS?
GHANA IS A FUNNIEST PLACE TO LIVE. BECAUSE WE PREJUDGE SO FAST. WE TALK WITHOUT CONDUCTING ANY RESEARCH. WHAT IS UP NEXT AS AN EXPERT ADDED THESE FACTS?
JohnD 10 years ago
"Indeed, in more advanced jurisdictions," what the heck is this statement for. You have a serious case of inferiority complex.
"Indeed, in more advanced jurisdictions," what the heck is this statement for. You have a serious case of inferiority complex.
Kofi Amankwaa, London 10 years ago
John,
This is merely a comparative statement and does not in any way smack of inferiority complex. It is a very common approach in the analysis of legal cases. It is a fact that there are more advanced jurisdictions. This is ... read full comment
John,
This is merely a comparative statement and does not in any way smack of inferiority complex. It is a very common approach in the analysis of legal cases. It is a fact that there are more advanced jurisdictions. This is a statemen of fact and not prejudice.
GREAT NANA ANTWI 10 years ago
ARE YOU IN NEED OF A FAST POWERFULL SPIRITUALIST THEN GOOGLE OR GO TO www greatnanapowerfullspiritualist.blogspot com
ARE YOU IN NEED OF A FAST POWERFULL SPIRITUALIST THEN GOOGLE OR GO TO www greatnanapowerfullspiritualist.blogspot com
kusi 10 years ago
foolish prof l think your memory chip is larking something go and check it b4 you talk this stupid things idiot
foolish prof l think your memory chip is larking something go and check it b4 you talk this stupid things idiot
SUNDIATA KEITA 10 years ago
Kusi, before you call one a fool, please try and explain what she said to me! do not throw insults when you really do not understand what is going on ok? Take my advice, it will keep you alive
Kusi, before you call one a fool, please try and explain what she said to me! do not throw insults when you really do not understand what is going on ok? Take my advice, it will keep you alive
Boss 10 years ago
hey hey people; stop being silly and learn! If nothing at all is it not common sense to prevent the accuser from judging?
hey hey people; stop being silly and learn! If nothing at all is it not common sense to prevent the accuser from judging?
Nana Aboatia Akufo-Addo 10 years ago
Prof. take your time to educate people properly. It is true that the CJ has the power to empanel judges to hear cases. The fact is that, it is not the practice for another judge to sit and hear contempt case that occasioned i ... read full comment
Prof. take your time to educate people properly. It is true that the CJ has the power to empanel judges to hear cases. The fact is that, it is not the practice for another judge to sit and hear contempt case that occasioned in a particular court.
Kwaku Ampofo 10 years ago
The issue here is whether the contempt charge is direct, in court or indirect, outside court. Outside court, the SC had no jurisdiction to call accused before it.
The issue here is whether the contempt charge is direct, in court or indirect, outside court. Outside court, the SC had no jurisdiction to call accused before it.
Kojo Armah-Afful 10 years ago
Not only is she a professor of law, but a smart and a perfect recommendation for Chief Justice. Supreme court is using scare tactics and also violating freedom of speech.
Not only is she a professor of law, but a smart and a perfect recommendation for Chief Justice. Supreme court is using scare tactics and also violating freedom of speech.
Concerned 10 years ago
Well done Boss, what that prof said is correct,the sc judges are there to sort out a very serious case and they cannot afford to be distracted by the comments made by both objective people and not so clever people like those ... read full comment
Well done Boss, what that prof said is correct,the sc judges are there to sort out a very serious case and they cannot afford to be distracted by the comments made by both objective people and not so clever people like those saying they will not accept the verdict.
Fortunately the CJ is in a position to do something about it. We all know that Atta Mills was a professor but it does not mean all professors are not smart
only truth 10 years ago
I just like this my pro at GIMPA... he is intelligent and know law like something. Pro thanks for your comments and teachings. let only fools and illiterate insult with commetnt. we that we know you will learn from your artic ... read full comment
I just like this my pro at GIMPA... he is intelligent and know law like something. Pro thanks for your comments and teachings. let only fools and illiterate insult with commetnt. we that we know you will learn from your article. thank you
suny 10 years ago
my question to the prof is how will the civilized democracies react to the call to exterminate all rival tribes or all die be die by a pres candidade.
my question to the prof is how will the civilized democracies react to the call to exterminate all rival tribes or all die be die by a pres candidade.
Skains 10 years ago
Again, attention is being focused on fruitless legal nuances instead of focusing on peace, stability and development. What at all has these kinds of legal wranglings done to improve the moral, political, social and economic f ... read full comment
Again, attention is being focused on fruitless legal nuances instead of focusing on peace, stability and development. What at all has these kinds of legal wranglings done to improve the moral, political, social and economic faces of Ghana?
Kofi Amankwaa, London 10 years ago
Skains,
That is the way to develop.These are not "fruitless legal nuances". They could set legal precedents in case law for our country.It does actually go to improve the substantive content of our jurisprudence.
Skains,
That is the way to develop.These are not "fruitless legal nuances". They could set legal precedents in case law for our country.It does actually go to improve the substantive content of our jurisprudence.
Peter Francisco 10 years ago
Now this clearly makes sense to me unless there is another section of the Law that states otherwise..."
Thus, the Chief Justice can suo moto take this contempt case from the current panel of the Supreme Court. Indeed, it wil ... read full comment
Now this clearly makes sense to me unless there is another section of the Law that states otherwise..."
Thus, the Chief Justice can suo moto take this contempt case from the current panel of the Supreme Court. Indeed, it will offend justice if the panel making the accusation is the same panel that prosecutes and passes sentence".
Nima Boy 10 years ago
Folks , have you observed this colonial mentality in our judges & chief justice? Can somebody tell me why are they still using that damn " WIG " ? Do they know the history behind that wig at all? Do these guys deserve to be ... read full comment
Folks , have you observed this colonial mentality in our judges & chief justice? Can somebody tell me why are they still using that damn " WIG " ? Do they know the history behind that wig at all? Do these guys deserve to be serving Ghana when they don't know our history? Its laughable anytime I see them with those wigs. They look like recycle Chinese toys...fools
Hipriest 10 years ago
You must be watching another TV certainly not the one am watching because for what i see most of the justices don't wear their wigs,Atuguba is a classical example.In any case how does the wig affect the substance of the case? ... read full comment
You must be watching another TV certainly not the one am watching because for what i see most of the justices don't wear their wigs,Atuguba is a classical example.In any case how does the wig affect the substance of the case? must u comment because others are commenting even when you have nothing to say?
If you know what qualifies one to become a judge am not sure you will wonder as to whether or not they know the history behind the wig,my last question to you is how does the wig affect the administration of justice?
Nima Boy 10 years ago
I am glad you said most. Master, how many court houses have you visited before? Didn't the CJ had on that wig anytime a president is been sworn in office? What qualifies one to be a judge than knowing who you are as perfect b ... read full comment
I am glad you said most. Master, how many court houses have you visited before? Didn't the CJ had on that wig anytime a president is been sworn in office? What qualifies one to be a judge than knowing who you are as perfect black person with beautiful hair? If I were you, I will go back to my history books before making any comment. Let me answer your question by asking you this ,if the wig does not affect the administration of justice, why are they using it in this scotched heat? What is the purpose of that wig?
George Best. 10 years ago
THESE NDC ILLITERATE SUPPORTERS NEVER HAVE THE NERVE TO LEARN COMMON SENSE FROM LEARNED AND SENSIBLE MINDS, HOW WOULD YOU FEEL IF THE THREE ARE CALLED AND GIVEN JAIL SENTENCES WITHOUT A FAIR HEARING BEFORE A COMPETENT COURT O ... read full comment
THESE NDC ILLITERATE SUPPORTERS NEVER HAVE THE NERVE TO LEARN COMMON SENSE FROM LEARNED AND SENSIBLE MINDS, HOW WOULD YOU FEEL IF THE THREE ARE CALLED AND GIVEN JAIL SENTENCES WITHOUT A FAIR HEARING BEFORE A COMPETENT COURT OF JURISDICTION AS HAPPENED IN THE CASE OF THE DEPUTY NPP COMMUNICATIONS SECRETARY? YOU SHOULD ALL SHUT UP AND LET THE LAW PROFESSOR EDUCATE THE POPULACE ABOUT LEGAL TECHNICALITIES. WE DON`T HAVE TO STAND ALOOF AND ALLOW THE JUDICIARY COW THE POPULACE INTO SUBMISSION DUE TO OUR IGNORANCE. FORWARD EVER BACKWARDS NEVER!
YAW 10 years ago
I like his argument, it makes a lot of sense to me.
I like his argument, it makes a lot of sense to me.
ROGUE LAWYER 10 years ago
And what interest does the CJ might have to stop the contemptious Invitation?
And what interest does the CJ might have to stop the contemptious Invitation?
Osofo 10 years ago
Asare is an accounting professor who has a law degree. He is not a law professor
Asare is an accounting professor who has a law degree. He is not a law professor
YAOVI MEVADO 10 years ago
LAW MATTER GET AS EE BE, EE NEVER CORRECT. MAKE POOR MAN NO CARRY MATTER GO COURT O. I BEG.
LAW MATTER GET AS EE BE, EE NEVER CORRECT. MAKE POOR MAN NO CARRY MATTER GO COURT O. I BEG.
James 10 years ago
Who is this layman dabbling in legal matters at the highest level?
Who is this layman dabbling in legal matters at the highest level?
TT 10 years ago
Let me take this opportunity to thank you Prof for your expert opinion and explanation of the law under discussion at the moment. Of course the ignorant people will insult you simply because they lack knowledge and they are n ... read full comment
Let me take this opportunity to thank you Prof for your expert opinion and explanation of the law under discussion at the moment. Of course the ignorant people will insult you simply because they lack knowledge and they are not prepared to learn due to their chronic illness called ignorance. Prof more grease to your elbow.
Hipriest 10 years ago
In my layman's opinion i think the learned prof is missing something here,this case is exceptional and should be treated unique and distinct from others.Those statements made are out of court contempt no doubt about that,the ... read full comment
In my layman's opinion i think the learned prof is missing something here,this case is exceptional and should be treated unique and distinct from others.Those statements made are out of court contempt no doubt about that,the learned prof shouldn't forget that issues of out of court contempt have in most cases being ignored in Ghana as he mentioned that it is done in other jurisdictions as a matter of fact i have never heard anyone dragged to court on the bases of out of court contempt.What the justices are being cautious about is that,those utterances might have serious consequences on the peace and stability of this nation.This whole issue of contempt in relation to the election petition should be treated on its merit and not generalized as any other issue of contempt on other cases.
Amicus 10 years ago
Agreed intoto!
Agreed intoto!
Lorgo Ligri 10 years ago
When you give or make a presentation, there are always three groups that will critic you. 1..The smart thinking ones,...2..The in-between give or take some, and ..3.. The non thinking stupid and insulting ones. Good comments ... read full comment
When you give or make a presentation, there are always three groups that will critic you. 1..The smart thinking ones,...2..The in-between give or take some, and ..3.. The non thinking stupid and insulting ones. Good comments always fall in the first and second group. I always prefer reading those from the first two and discard the stupid ones.
Jospin 10 years ago
Hello Prof. is your PhD. in law? please understand the context in which the SC is taking this step. Dont bring what happens in other jurisdictions here. Those you make reference to, is there any possibility civil war erupting ... read full comment
Hello Prof. is your PhD. in law? please understand the context in which the SC is taking this step. Dont bring what happens in other jurisdictions here. Those you make reference to, is there any possibility civil war erupting there? There are people preparing others mind not to accept the SC ruling and here you come with this warped petition. Apart from the PhD. that you hold in some narrrow area of accademia which you teach what is your achievement? Give us a break!
Dr. SAS, Attorney at Law 10 years ago
I have read Prof. Asare's petition to the Chief Justice of Ghana and will like to fully associate myself with it. It is ridiculous for the SCOG to invite people before it merely because they expressed unfavorable opinions abo ... read full comment
I have read Prof. Asare's petition to the Chief Justice of Ghana and will like to fully associate myself with it. It is ridiculous for the SCOG to invite people before it merely because they expressed unfavorable opinions about the rulings of the court. If this behavior of the court is allowed, it will chill the freedom of speech which is a fundamental human right enshrined in the constitution of Ghana..
As for those drawing a dichotomy between an administrative decision and a judicial one, they have been unable to consider how blurred and intersecting the two are in this case in point.....
All said, the SCOG should wean itself of its petty posturing and concentrate on the substance of the case before it, rather than re-imposing a culture of silence on a free country. If the court cannot do this sua sponte, the Chief Justice should make them.
Guy 10 years ago
Here's another straight jacket man who may do things only by the books. No thinking outside the box. Most of them are always employed by entrepenaurs who hardly secondary school.
Here's another straight jacket man who may do things only by the books. No thinking outside the box. Most of them are always employed by entrepenaurs who hardly secondary school.
STONER KOBYLYNTON 10 years ago
Hei Guy, It seems your last sentence don't make sense? Can you elaborate it?
Hei Guy, It seems your last sentence don't make sense? Can you elaborate it?
Okonko Palm 10 years ago
It does seem like Kwaku Asare @ Kwaku Azar is drawing undue attention to himself.His argument about direct and indirect contempt is the latest from this man who has become an advocate of disorder and indiscipline under the gu ... read full comment
It does seem like Kwaku Asare @ Kwaku Azar is drawing undue attention to himself.His argument about direct and indirect contempt is the latest from this man who has become an advocate of disorder and indiscipline under the guise of intellectual discourse.
It seems his problem had been reduced to indirect contempt. Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders.
However this latest move is a shift from his earlier stance that the sc is not competent to hear its own contempt cases.As at now he seems to be saying that the sc can hear direct contempt if it happens live in court with a proviso that the contemnor agrees to it.This is a shift from his earlier argument that you can not be a judge and jury in your own case in contempt of court proceedings.
Under the sc rules,the sc has the power under its own motion to invite any body who who breaches its order and to effect sanctions whether it is criminal or civil contempt.It is only when the contemnor wants a neutral hearing that the cj is brought in the picture as the administrator to arrange the necessary transfer. This is at the discretion of the SC if it is practicable to do so.
I will agree with him that direct contempt is dealt with summarily but indirect contempt is at the discretion of the court and even that the contemnor must apply whilst held in custody.
It is high time that Asare @ Azar be told that he is interfering with his infantile arguments on procedure which the sc is its custodian.He should stop giving the impression that he knows better than them because he is not and must leave the sc to do its work.
iz 10 years ago
Does that so called "Law Prof" have a name or not?
Does that so called "Law Prof" have a name or not?
Fontomfrom 10 years ago
Asare is an A/Professor in ACCOUNTING in Florida!
Asare is an A/Professor in ACCOUNTING in Florida!
yeboah kwadwo 10 years ago
All is well god is at work
All is well god is at work
Wiafe 10 years ago
All these book long statements, theories, and analysis have not helped to solve the number one problem--corruption.
Since the Awuku saga--we have been inundated with such elitist arguments all over the place.
Our ed ... read full comment
All these book long statements, theories, and analysis have not helped to solve the number one problem--corruption.
Since the Awuku saga--we have been inundated with such elitist arguments all over the place.
Our educated classes have also joined the partisan bickering and in some ways are leading the charge.
What we need is for our intellectuals to speak to and to chart a way for us based on our unique socio-cultural heritage.
But most of what our intellectual engage in has no bearing and no fruit for the average Ghanaian--hence the whole country is spinning and spinning around to nowhere.
How can we have so many educated people--and we can't even count ballots or pink sheets? So what is all the education for?
Kwaku Diawuoh,WOKING UK 10 years ago
I was watching the precedings of the supreme court just before going into chambers to consider Ken Koranchie's case and some of the members are behaving like the kangaroo court members of the Rawlings era.And even Justice Atu ... read full comment
I was watching the precedings of the supreme court just before going into chambers to consider Ken Koranchie's case and some of the members are behaving like the kangaroo court members of the Rawlings era.And even Justice Atuguba made comments about that.Some of the members are power drank.
bagged 10 years ago
This is nothing but bullying and intimidation. the justices are expecting everyone appearing before them to grovel and eat sand. It is pathetic watching this court today. I felt ashamed of their conduct. trying to belittle th ... read full comment
This is nothing but bullying and intimidation. the justices are expecting everyone appearing before them to grovel and eat sand. It is pathetic watching this court today. I felt ashamed of their conduct. trying to belittle their the "accused".
Absolutely disgraceful! and I am not even NPP or NDC
Absolutely disgraceful!
Samson 10 years ago
Mr Prof, enough of the America nonsense. Our country is sliding in discipline and needs strong hands to stop it. Please stay in your America and do not polute our airwaves with your american thing. Why is there so much troubl ... read full comment
Mr Prof, enough of the America nonsense. Our country is sliding in discipline and needs strong hands to stop it. Please stay in your America and do not polute our airwaves with your american thing. Why is there so much trouble in America, why is that country plagued with so many disasters? It is because that country has no morals left and we cannot be made to toe the American style. Leave us alone to restore discipline in our society. We need positive thoughts to fill the ethers in Ghana not the horrible dark thoughts that have filled the ether in the US leading to the numerous disasters - floods, hurricanes, fires, crime, murders, gayism name it that America suffers.
az 10 years ago
How does he feel when it is stated that he is a stupid person? He is selective in his writing? People like Asare should come back to Ghana with their children so that when freedom of speech degenerates into war, he and his fa ... read full comment
How does he feel when it is stated that he is a stupid person? He is selective in his writing? People like Asare should come back to Ghana with their children so that when freedom of speech degenerates into war, he and his family will also suffer the outcome. These people talk too much. Has Asare heard of Snowden? He should go and defend him instead.
Whatever 10 years ago
Is disrespect to the entire panel the same as disrespect against one panel member? It is obviously not. so your inferrance about the authority of the CJ to meddle in it is wrong. Why are you so disingenuous professor?
Is disrespect to the entire panel the same as disrespect against one panel member? It is obviously not. so your inferrance about the authority of the CJ to meddle in it is wrong. Why are you so disingenuous professor?
TP 10 years ago
Enjoyed reading from those who had some constructive contributions for or against Prof Asare's article(s). The noisy ones are blessed to be protected by the freedom of speech the article(s) tends to address. If the courts in ... read full comment
Enjoyed reading from those who had some constructive contributions for or against Prof Asare's article(s). The noisy ones are blessed to be protected by the freedom of speech the article(s) tends to address. If the courts in Ghana do not get it right then where would we have our differences addressed without fear or favor? Prof Asare, proud to call you class mate.
kwamr 10 years ago
ghjuikolöpbngfdr
ghjuikolöpbngfdr
YAA 10 years ago
MADAM CHIEF JUSTICE DO SOMETHING THIS NONSENSE FROM ATUGUBA, WHO THINKS HE OWNS GHANA. WHAT IS GOING ON IN GHANA NOW? AND WHAT ARE YOU DOING MADAM? WAKE UP
MADAM CHIEF JUSTICE DO SOMETHING THIS NONSENSE FROM ATUGUBA, WHO THINKS HE OWNS GHANA. WHAT IS GOING ON IN GHANA NOW? AND WHAT ARE YOU DOING MADAM? WAKE UP
kwadwo totobii 10 years ago
Wayome's case is a contempt against the whole Ghana. See to retrieve the money.
Wayome's case is a contempt against the whole Ghana. See to retrieve the money.
Kofi Lawyer 10 years ago
Rubbish, Total rubbish
Rubbish, Total rubbish
New Sherrif in Town 10 years ago
Do you know how many high profile cases Kwaku Azaar has taken to the Supreme Court and won on behalf of Ghanaians?
Get education, you ignoramus.
Do you know how many high profile cases Kwaku Azaar has taken to the Supreme Court and won on behalf of Ghanaians?
Get education, you ignoramus.
Prof Lungu 10 years ago
We strongly agree!
One cannot be the aggrieved, the police, the judge, the jury, and the prison directorate!
We strongly agree!
One cannot be the aggrieved, the police, the judge, the jury, and the prison directorate!
Who is the prosecutor, who is the judge in this case?
DIRECT AND IDIRECT CRIMINAL CONTEMPT? WHAT IS THAT .-)
Is this so called Prof intact up there? You think the CJ has supervisory jurisdiction of the judicial work (as distinct from administrative matters) of any court (let alone the SC) in Ghana. The fact that you are a prof does ...
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even a prof
and same to you, i guess, you can say what you like but you cannot call poeple fools that you don't know.
AUTHOR: MARTIN A.B.K. AMIDU....
It would appear that those in control of the NDC, for the time being, were bent on excluding other bona fide members of the Party who may wish to lay democratic claims to who becomes the ne ...
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You and others give the CJ in Ghana too much power. That is why she acts like a dictator. How can she decide on a contempt case involving a live case before a competent court? If she intervenes, it will be wrong in law and ev ...
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EDUCATION
J.D. (Cum Laude) University of Florida, May 2006
Ph.D., University of Arizona, May, 1989
M.B.A. Baylor University, May, 1985
B.Sc. (First Class Honors), University of Ghana, October, 1982
PROFESSIONAL CERT ...
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All that is just pure elitism. A JD from Florida U. is no biggie.
Kwaku Aza,
You are absolutely wrong on the powers of the Chief Justice. By law, in the performance of their duties, all the justices are equal. The Chief Justice only as administrative powers and this has never included ba ...
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The Prof. is giving his expect view on a matter and all that we can do is to insult him without pointing to any wrong/false claim in his writing. At least those of us who want to learn find it refreshing to read such writings ...
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Well spoken Alex,don't mind those who think they are literate.You have to be numerate to understand such important and educative articles.
Nice one. It seems that those against the writ of the Prof. Asare have not understood the topic raised by Prof. Asare otherwise they will not write such a disqualified piece here.
Please go back to the article of the Prof. ...
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Kudos Alex.Once in awhile someone comes through this medium and makes a whole lot of sense.Those of us who want to learn did so after reading the piece by the professor.Our other free-facts-opinionated contributors who'll rat ...
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Hei Alex, you are among people who want to learn from the brainy ones. Keep on with such life, be a good listener and also be a wild reader to broaden your intellect. Have a wonderful day.
Alex,
Please see my post above. Kwaku Azah is writing to a political agenda and is employing fibs as crutches. Thre is no law he is claiming, not even in his adopted home of USA. As an academic, he must not educate; he sho ...
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.......Prof Kwaku asare, The show off of power demonstrated by the Atuguba led supreme court can, at best, be described as Ghana made, a justice brewed in evil trokosi pot. Trokosi Lithur and Tsatsu openly demonstrated arroga ...
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Prof Asare, as we aply logic in legal analysis we should not lose sight of avoidable troubles that could have happened in the country if NPP did not consider it democratically prudent to go to court instead of the street. We ...
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GOD SEE atuguba,GOOD FOR HIM,HE THINK THAT THIS THE END,NO NO NO,GOD IS POWER THAN HIM
YOU ARE BLINDED BY POLITICS, PROF IF YOU ARE INDEED ONE
In your dreams.This is Ghana
i think so.
He has so much time on his hands he wants to be noticed. Ghanaians please allow him to behave like a rich spolit kid.
hehehehe
I am less cocerned about Prof. seeking attention, with facts, than some Judges assuming we are ignorant and therefore bullying us or throwing dust into our eyes.
Remember when Ken Kuranchie complained about the manner he w ...
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Bullshit may propel you to the top, but it will not keep you up there.
Once there was a young cock that was trying to fly high like the eagle. After many attempts, it was only able to reach the lower branches of a big tree. ...
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GHANA IS A FUNNIEST PLACE TO LIVE. BECAUSE WE PREJUDGE SO FAST. WE TALK WITHOUT CONDUCTING ANY RESEARCH. WHAT IS UP NEXT AS AN EXPERT ADDED THESE FACTS?
"Indeed, in more advanced jurisdictions," what the heck is this statement for. You have a serious case of inferiority complex.
John,
This is merely a comparative statement and does not in any way smack of inferiority complex. It is a very common approach in the analysis of legal cases. It is a fact that there are more advanced jurisdictions. This is ...
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ARE YOU IN NEED OF A FAST POWERFULL SPIRITUALIST THEN GOOGLE OR GO TO www greatnanapowerfullspiritualist.blogspot com
foolish prof l think your memory chip is larking something go and check it b4 you talk this stupid things idiot
Kusi, before you call one a fool, please try and explain what she said to me! do not throw insults when you really do not understand what is going on ok? Take my advice, it will keep you alive
hey hey people; stop being silly and learn! If nothing at all is it not common sense to prevent the accuser from judging?
Prof. take your time to educate people properly. It is true that the CJ has the power to empanel judges to hear cases. The fact is that, it is not the practice for another judge to sit and hear contempt case that occasioned i ...
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The issue here is whether the contempt charge is direct, in court or indirect, outside court. Outside court, the SC had no jurisdiction to call accused before it.
Not only is she a professor of law, but a smart and a perfect recommendation for Chief Justice. Supreme court is using scare tactics and also violating freedom of speech.
Well done Boss, what that prof said is correct,the sc judges are there to sort out a very serious case and they cannot afford to be distracted by the comments made by both objective people and not so clever people like those ...
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I just like this my pro at GIMPA... he is intelligent and know law like something. Pro thanks for your comments and teachings. let only fools and illiterate insult with commetnt. we that we know you will learn from your artic ...
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my question to the prof is how will the civilized democracies react to the call to exterminate all rival tribes or all die be die by a pres candidade.
Again, attention is being focused on fruitless legal nuances instead of focusing on peace, stability and development. What at all has these kinds of legal wranglings done to improve the moral, political, social and economic f ...
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Skains,
That is the way to develop.These are not "fruitless legal nuances". They could set legal precedents in case law for our country.It does actually go to improve the substantive content of our jurisprudence.
Now this clearly makes sense to me unless there is another section of the Law that states otherwise..."
Thus, the Chief Justice can suo moto take this contempt case from the current panel of the Supreme Court. Indeed, it wil ...
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Folks , have you observed this colonial mentality in our judges & chief justice? Can somebody tell me why are they still using that damn " WIG " ? Do they know the history behind that wig at all? Do these guys deserve to be ...
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You must be watching another TV certainly not the one am watching because for what i see most of the justices don't wear their wigs,Atuguba is a classical example.In any case how does the wig affect the substance of the case? ...
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I am glad you said most. Master, how many court houses have you visited before? Didn't the CJ had on that wig anytime a president is been sworn in office? What qualifies one to be a judge than knowing who you are as perfect b ...
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THESE NDC ILLITERATE SUPPORTERS NEVER HAVE THE NERVE TO LEARN COMMON SENSE FROM LEARNED AND SENSIBLE MINDS, HOW WOULD YOU FEEL IF THE THREE ARE CALLED AND GIVEN JAIL SENTENCES WITHOUT A FAIR HEARING BEFORE A COMPETENT COURT O ...
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I like his argument, it makes a lot of sense to me.
And what interest does the CJ might have to stop the contemptious Invitation?
Asare is an accounting professor who has a law degree. He is not a law professor
LAW MATTER GET AS EE BE, EE NEVER CORRECT. MAKE POOR MAN NO CARRY MATTER GO COURT O. I BEG.
Who is this layman dabbling in legal matters at the highest level?
Let me take this opportunity to thank you Prof for your expert opinion and explanation of the law under discussion at the moment. Of course the ignorant people will insult you simply because they lack knowledge and they are n ...
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In my layman's opinion i think the learned prof is missing something here,this case is exceptional and should be treated unique and distinct from others.Those statements made are out of court contempt no doubt about that,the ...
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Agreed intoto!
When you give or make a presentation, there are always three groups that will critic you. 1..The smart thinking ones,...2..The in-between give or take some, and ..3.. The non thinking stupid and insulting ones. Good comments ...
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Hello Prof. is your PhD. in law? please understand the context in which the SC is taking this step. Dont bring what happens in other jurisdictions here. Those you make reference to, is there any possibility civil war erupting ...
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I have read Prof. Asare's petition to the Chief Justice of Ghana and will like to fully associate myself with it. It is ridiculous for the SCOG to invite people before it merely because they expressed unfavorable opinions abo ...
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Here's another straight jacket man who may do things only by the books. No thinking outside the box. Most of them are always employed by entrepenaurs who hardly secondary school.
Hei Guy, It seems your last sentence don't make sense? Can you elaborate it?
It does seem like Kwaku Asare @ Kwaku Azar is drawing undue attention to himself.His argument about direct and indirect contempt is the latest from this man who has become an advocate of disorder and indiscipline under the gu ...
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Does that so called "Law Prof" have a name or not?
Asare is an A/Professor in ACCOUNTING in Florida!
All is well god is at work
All these book long statements, theories, and analysis have not helped to solve the number one problem--corruption.
Since the Awuku saga--we have been inundated with such elitist arguments all over the place.
Our ed ...
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I was watching the precedings of the supreme court just before going into chambers to consider Ken Koranchie's case and some of the members are behaving like the kangaroo court members of the Rawlings era.And even Justice Atu ...
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This is nothing but bullying and intimidation. the justices are expecting everyone appearing before them to grovel and eat sand. It is pathetic watching this court today. I felt ashamed of their conduct. trying to belittle th ...
read full comment
Mr Prof, enough of the America nonsense. Our country is sliding in discipline and needs strong hands to stop it. Please stay in your America and do not polute our airwaves with your american thing. Why is there so much troubl ...
read full comment
How does he feel when it is stated that he is a stupid person? He is selective in his writing? People like Asare should come back to Ghana with their children so that when freedom of speech degenerates into war, he and his fa ...
read full comment
Is disrespect to the entire panel the same as disrespect against one panel member? It is obviously not. so your inferrance about the authority of the CJ to meddle in it is wrong. Why are you so disingenuous professor?
Enjoyed reading from those who had some constructive contributions for or against Prof Asare's article(s). The noisy ones are blessed to be protected by the freedom of speech the article(s) tends to address. If the courts in ...
read full comment
ghjuikolöpbngfdr
MADAM CHIEF JUSTICE DO SOMETHING THIS NONSENSE FROM ATUGUBA, WHO THINKS HE OWNS GHANA. WHAT IS GOING ON IN GHANA NOW? AND WHAT ARE YOU DOING MADAM? WAKE UP
Wayome's case is a contempt against the whole Ghana. See to retrieve the money.
Rubbish, Total rubbish
Do you know how many high profile cases Kwaku Azaar has taken to the Supreme Court and won on behalf of Ghanaians?
Get education, you ignoramus.
We strongly agree!
One cannot be the aggrieved, the police, the judge, the jury, and the prison directorate!