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Opinions of Wednesday, 3 August 2016

Columnist: Apostle Dr Tom Asiseh

Montie trio and the attitudinal model judgement

Two wrongs don't make right. This imprisonment is shrouded with riddles that need immediate attention in order to help the ordinary persons in Ghana have a clear understanding on which of the freedom of speeches could offend the law of the land and also offend the recipients, and which of the freedom of speeches do not attract the anger and concern of the Supreme Court Judges which of course see the offender walking on the street of Ghana as a hero.

The public need a thorough education, interpretation, explanation and definition of the Constitution that guide them and the SC is responsible for doing that so as to play equity when executing judgments.

For the records, I do not subscribe to anyone threatening lives. They infringed the law therefore have to face the law; but where I have problem is the fastness of their judgment and who presided over the judgment that sentenced the accused to four months imprisonment.

Questions that need to be answered by SC and the presiding Judge Sophia Akufo

(1) Why was the case fast tracked instead of going through the normal precess?

Was it a tribunal judgment?

Why were the owners and directors fined for a crime they didn't commit?

Why were parents of those serving prison terms for juvenile delinquency not jailed as well for negligence of parenting?

Why were the entire Judicial personnel not fired or imprisoned for the offense of their colleagues trading corrupt judgement for goats?

(2) Should the judges judge their own case?

If they could, would anyone be wrong believing that the judges decided taking the law into their own hands?

(3) Why should Justice Sophia Akufo be the presiding judge?

The case was a serious one so why would she be the presiding judge on this very case. Her name has bearing with the name of NPP Presidential candidate (Nana Akufo Addo). Has she worked under Nana Akufo Addo before? If she had, then did the Judicial personnel assume the case would be run under the direction of corruption, empathy, and retaliation?

If not, what is the rationale behind her being the presiding Judge when it is conspicuous that the accused are affiliated with NDC when the case was politically oriented so a name affiliated with the opposition flag bearer should be chosen to preside over the fast track case need explanation to the people.

(4) Did the SC sentenced the accused as a way of protecting their lives or the sentence is to deter those who use radio stations in relaying negative free speeches?

If the former is the case then I wish to state that our Judicial system is porous and if not then the constitution of Ghana need a review.

Contempt of the court should be separated from contempt on the Judiciary. The constitution is supposed to guide the populace but it was written in a language that favor the Judiciary while the laity wax in ignorance instead of favoring them; hence innocent citizens are thrown into prisons.

This is a serious concern. Again if the SC jailed the Montie trio as a deterrent to those indulge in free negative utterances a way of protecting the public then why are some walking on the streets as heroes? Does it connote rule of law?

(5) 2012 saw similar things happened when the accused had to be called outside the court to face the same judges they offended. Why would the constitution grant the judges the power to judge people who offend them?

It is evident that they are above the law.

(6) When an opposition MP insulted the President both on radio and the media and politicians in his setup hailed him the SC didn't take action in protecting the first Gentleman of the Republic of Ghana; they kept mute because they weren't the victims.

Yet President John Dramani Mahama was Sworn In with the Sceptre of Office by Chief Justice under the homage of the Constitution of Ghana which means the President need to be protected by the Constitution through the efforts of the Supreme Court the custodians of Justice in the nation; but didn't, rather they only are interested in protecting their interest.

Is that also the Rule of Law? We need explanation and we need it fast so the entire populace could be educated on the principles that guide the nation.

(7) Where was Justice Sophia Akufo and her Supreme Court Judges when the MP Kennedy Agyepong publicly insulted and disrespected the pride and nobility of our women femininity to be specific the Electoral Commission Chairperson whose position is the same as the Justice of the Court of Appeal.

Does that not qualify her enough to be protected by the Constitution and Supreme Court Justice if her position as an independent entity constitutionally covered is valued by the Supreme Court.

The MP who shown her that impudence is a hero in the Parliament even when the Ghanaian women folks called for justice yet the women of justice who would preside over their own case kept zipped lips over the sad assassinated feminine aspects of their fellow woman who won't have enough time to fight her perpetrators due to her pressing national duty call.

Is that not self centeredness or could it be better described as sectionalism?

(8) From the cradle stage of this submission I made it clear that the crime committed deserve the law taking its own course but there is a difference between the Law and Custodians of the Law.

The Law is above its Custodians, therefore the Supreme Court judges are under the Law, and if this is the Constitutional Truth then the Supreme Court Judges on the said case have climbed above the Law and the image of the Constitution they are to project.

It then means that the Supreme Court judges have offended, violated, and dented the beauty of our Constitution and abused the pride of the Law that guides and protect the right of her citizens from Judicial biases. Who then in this case is qualified to call the attention of the said judges for accountability?

The Executive President of the Republic of Ghana in the person of His Excellency President John Dramani Mahama according to the Constitution stated in Chapter Twenty Four Article 284 under Codes Of Conduct For Public Officers: " A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of functions of his office "

As regards the stated portion of the constitution since the Judicial personnel are classified among Public Officers they are under the rule of Law therefore could be charged with corruption not only under the codes of Conflict Of Interest in terms of bribery but also nepotism, sectionalism, partisanship, or namesake syndrome.

We have all seen the bribery corruption that was unveiled by a private investigator that lead to the firing of many judges; what then makes us think Justice Sophia Akufo presiding over the case was not an act of partisanship cum namesake syndrome? Ghanaians need explanation for the sake of clarity.

Why should the constitution favor the Judiciary when they infringed the law? Corruption in the Judicial system is a worst case than the threats of the Montie trio in that the Judicial Corruption was or is an action that took place with evidences in exhibits, the results of which might have falsely executed judgements on innocent people who are serving long prison terms or might have faced death sentences.

So because of the much power they have without check and balances from any source they decide when a Ghanaian or anyone has to be imprisoned or sentenced to life imprisonment or death just for exchange of a goat. Ghanaians need explanation. And they really need it for the sake of justice.

On the other hand the offence of the trio in prison was lesser than the Judicial corruption because their offense was a promised death threats on the SC Judges that wasn't fulfilled so it doesn't have to attract prison term.

Can the said Judges say they have imprisoned all the accused brought to their courts for offences of threatening other plaintiffs lives? If they have then Ghanaians need proofs to determine their credibility in their field.

What makes the judgment of the imprisoned trio attract much concern is the political scenario surrounding the threats and the judgment itself. Both parties have offended the law and Ghanaians in general. The Montie trio should know their offenses are not ordinary; they committed political, national and human rights offenses which attracts punitive measures.

Their offense was political because it was politically oriented, hence the President would find it difficult to interven on their behalf except for two things

(a) That the president and the council of state would look at the shrouded misery surrounding the judgment and call for a retrial by independent or neutral court instead of Court of Appeal since they comprise the same Judicial system who will sit on the case.

(b) That other life threatening cases such as Hon. Kennedy Agyepong's asking the Ashantis to kill all Ewes and Gas living in their land should be sentenced to imprisonment for the sake of fairness.

The case of Kennedy Agyepong was more serious than that of the Montie trio because millions of innocent lives from two Regions in Ghana were threatened and the Supreme Court judges winked over it and made the MP feel untouchable and kept boasting and disrespecting the nobility of the EC Chairperson , is that Justice? May be Justice measured on personal interest;

NDC shouldn't commit themselves putting pressure on the President to interven because if they do that would rather make him do it under durex then the impression they would be giving the whole world is that the President encouraged them committed the crime.

After all when people campaign for their political party they do that willfully so it would be absurd forcing the President to command the Montie trio to be released. Calling their case for a retrial and like I've said by neutral court would open the scene of clarity and justice to be viewed by the world. That would also make it possible for all those who have threatened lives including the assassin who traced the President to his church to kill him will all be arraigned before court and judged according to their crime.

Again if the Supreme Court Judges discharged and acquitted the President's assassin, what justification do they have in sentencing political sycophants?

They need to release the Montie trio for the sake of justice in the nation.

This indeed will make Ghanaians learn to respect one another. That would also expose the secret partisanship in the Judiciary. That also bring back the clean Kind of democracy the nation has prayed for.

The Supreme Court Judges who sentenced the Montie trio played the game of professional immaturity in that the nature, structure and the face of the judgment conspicuously spoke the language of their judgmental intent.

Apart from God the next thing that determines the lives of human beings is the constitution; when you obey God you are free but when you disobey him, judgment; again when you obey the constitution you are free but when you disobey it you are into big trouble.

Having said that if the Judiciary understand their job descriptions as Mediators between the Constitution and the Citizens they would definitely won't forget the Judicial attributes that follow their call to the bench. The sentence was as a result of anger and fear and if this was the foundation by which the Judiciary is established then only God knows how many lives have been sentenced to imprisonment.

Which is more dangerous, the person who publicly threatens your lives or your secret enemy who secretly uses diabolical means in attacking you? How would the Judiciary classify the prediction of Malam Shaminu Ustaz Jibril that what happened in Ivory Coast between Ex President Gbagbo and President Quattara will happen in Ghana, then declared NPP Presidential Candidate winning the 2016 election if only the Electoral Commission would do the right thing?

Did the Judiciary consider the weight of his prediction as dangerous threats to lives of people in Ghana when the 2016 Election is yet to be held? Is the Judiciary not aware that the declaration of Prophets Owusu Bempa and Kobi of who would win or lose the Presidential election is a way of endangering the lives of the populace?

Is the Judiciary accepting thier utterances and that of Rev Dr Mensah Otabil's " Wrest, Battle, Fight and Revolution as Freedom of speeches? If they do then they should bow their heads in shame and release Mugabe and his associates from prison for the sake of equity.

The action of the Supreme Court Judges

concerning the Montie trio has picturesque them as heroes to some political group while others seem to fall under the mercy of their judgment. Can they prove to the public that the picture doesn't portray that descriptions? Can the Supreme Court Judges defend their action void of attitudinal model method of Judicial system? If they can then why the empathy for sociopath and harshness against obsequiousness? This is not good for the nation.

First, it was Judicial Corruption and now the introduction of an Attitudinal Model system. This calls for a total overhauling in the Judicial system; the Chief Justice must wake up to this reality to save her hard earned reputation being dragged into the mud by some of the Supreme Court Judges who have adopted the attitudinal model system in the profession.

Justice Sophia Akufo should be summoned by the Attorney General to face a Commission of Inquiry for exhibiting the Attitudinal Model judgment. Sanity must return to Ghanaians.

The Constitution should be amended to differentiate the difference between Freedom Of Speeches from Negative Utterances, this would help the people know the kind of words uttered fall under either codes of language.

We hope the eluded justice will return to the the nation for peace to reign God bless the people of Ghana.

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