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Opinions of Sunday, 26 January 2014

Columnist: Adofo, Rockson

Does Atuguba Really Understand .....

.... the Implications of his Election 2012 Ruling?

?I am afraid not. Like a stepladder (a ladder having flat steps or treads in place of rungs) with progression of flat steps from the bottom up, so do we have classes of lawyers and judges. We have astute judges who are able to convincingly relate every statement in their verdict pronouncement or judgment to the facts of the case. On the other hand, we have judges that can hardly justify their verdict that may be off on a tangent in relation to gathered and submitted credible evidence.?I am strongly persuaded that Justice Atuguba belongs to that group of judges that often assigns reasonsto their verdicts that just do not compute. Dissecting the personal written judgment by William Atuguba on Election 2012 petition will suffice my attempt to buttress the contention that some judges are either not fair, do not understand the law, or cannot reconcile the law to the facts of a case and credible evidence submitted, when delivering judgment. ?I am not going to dwell on the comic posture, demeanour and tyranny exhibited by Atuguba when chairing the nine-member panel of Supreme Court judges adjudicating Election 2012 petition. All those that had time to follow the court proceedings live on airwaves saw exactly what happened.?What are the implications of the "quick fix galamsey" verdict on Election 2012 as pronounced by Atuguba on behalf of the nine-member panel? ?To start with, he has proved himself incompetent. He has made it clear to the whole world that statutory laws, their interpretations and implications are irrelevant as far as he is concerned. Regardless of the availability of credible evidence pointing otherwise, he will never annul an election but seek to justify and uphold it. This is the warped mentality of Rawlings’ so-called celebrated judge – Justice William Atuguba. ?His verdict as it stands encourages incumbent government desirous to rig elections to stay in power for long or for good to do so with impunity. Once the incumbent leader rigs elections as happened in Election 2012, he or she has the right to stay in power as genuinely elected according as expressed by Atuguba and his other four ignorant or mischievous Supreme Court judges. ?By their verdict, the Supreme Court has set a precedent for political parties and individuals vying for power to use violence at any future polls. Future elections are to be won straight at polling stations by any fair or foul play. ?Additionally, Atuguba has knowingly or unknowingly licensed Mahama and his like-minded "Ali Baba and his forty thieves" to ravage financial thievery on Ghana. Is this not the reason why Mahama, his family and their friends have become ardent gangs engaged in "create, loot and share" without any regard for the opposing views expressed by majority of Ghanaians??Mr Alfred Agbesi Woyome, the Ghanaian swindler of the Century may never refund the money he has stolen from Ghana all because of the nonsensicality of Atuguba’s corrupted verdict, yet, ignorant Rawlings wants Ghanaians to celebrate him.?It is only in Ghana and in other uncivilized societies that persons like Atuguba after delivering such murderous verdicts on landmark cases can still walk with their heads proudly up and their shoulders raised. I shall from time to time discuss Atuguba as and when the occasion demands. His verdict is as dangerous as he is corrupt. I say shame on him. ? ?