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Opinions of Sunday, 29 September 2013

Columnist: Adofo, Rockson

Worried about Akoto-Bamfo’s Views

Supreme Court: - Worried about Akoto-Bamfo’s Views on Constitutional and Electoral Laws

Much as I have qualms about the judgmental observations and views expressed by Justice Akoto-Bamfo, I nevertheless have no animus against her as a person (a Ghanaian compatriot), although her verdict report sucks. ?

What degree of hatred could you have for a Supreme Court judge who believes that Constitutional and Electoral laws are immaterial vis-à-vis the perpetual need to uphold the peace Ghana has been enjoying since Ghana’s independence as she grew up to find? Her views are fraught with perceived intentional injustice that raises a question mark about her credibility as a judge let alone, a Supreme Court judge.

? Anyway, I am not going to dwell unnecessarily discussing someone I have come not to have any respect for owing to her corrupted legal views that are not helpful for the pursuit and maintenance of justice in Ghana. Her views are hostile to justice.

? She says, the irresponsibleness of certain polling stations Presiding Officers should not in anyway be allowed to place the "Universal Adult Suffrage" in disrepute. Electorates should not in anyway be made to suffer the consequential repercussions of a rogue polling station Presiding Officer, whether his/her action was intentional or inadvertent. With this in mind, she resolutely decided to disregard the non signing of pink sheets as a credible charge on which the petitioners had sought the annulment of the results of a number of polling stations.

? She maintained the same views for over-voting and voting without biometric verification. If indeed she conducted her judgment in good faith as seen through her tilted opaque lenses that she wears or her warped intellectual understanding of the laws, without corrupt motive and mischief, then I have no problem with her. However, if her verdict, contrary to expectation according as informed following the live telecast of the entire Court proceedings was influenced by any underhand dealing of some sort, then she is in trouble. She is answerable to Ghanaians here on earth and before God in the distant Judgment Day. A Supreme Court judge before GOD’S SUPREME COURT being judged by GOD, HIS SON AND THE HOLY GHOST? I wish I was around to see how this stubborn woman would be sober, with arms tucked to her back, trembling from head to toe like a leaf come under intense harmattan wind, nervously waiting to hear the verdict of guilty, off you go to Hell, or, innocent, please proceed to Heaven. ?

I have to inform Lady Justice Akoto-Bamfo of the following case references. In 1972, at Kumawu Tweneboa Kodua Secondary School, one of the final Form Five year students (name withheld – he is a renowned Ghanaian politician) reported to the West African Examination Council that his colleagues were cheating ("won a bo key") at the exams in some subjects. All the subjects of which he reported cheating had taken place were cancelled even though it was not all of the students at such sittings that participated in the cheating. Why should the entire students suffer? This is a question to Akoto-Bamfo, Ghana’s adorable Supreme Court judge. The law was, if students were found to be cheating, the exams results would be cancelled. The law was applied without "ifs and buts", period! Why is Akoto-Bamfo twisting the interpretations of the laws to suit her parochial-minded interests? Whose interest and peace is she serving by her corrupted views and verdict – that of NDC, John Mahama, NPP or discerning Ghanaians?

? Again, in 1976, in Kumasi especially, the Ordinary Level ("O" Level) examinations of most schools were cancelled. They were blamed for benefitting from, or having had prior knowledge of, leaked exam question papers. Was it the entire final "O" Level year students of the affected schools that profited from, or availed themselves of the glorious or inglorious leaked examination question papers? Why were innocent students without a shred of knowledge of the leaked exam question papers equally affected when the results were cancelled? Will Mrs Akoto-Bamfo answer me?

? Laws and rules (legislations) are set to be abided by but not to be flouted. I leave it to Akoto-Bamfo to battle it out with her conscience. A judge who does not respect the very laws she is tasked to interpret judiciously. What a judge! I find her statements very offensive, shameful and underestimation of the legal profession in Ghana. Why do parliamentarians bother at all to make laws if they will not be upheld and judiciously interpreted by the judiciary? COME IS COME. COME CAN NEVER BECOME GO. Therefore, our judges must be very mindful of their acts and how they interpret the laws. Did they therefore help rig the verdict in favour of John Mahama as it was alleged to have been done by Kwadwo Afari Gyan? I am only asking.

? I want to read the views of the Ghana Bar Association on her ruling on Election 2012 presidential election petition.

? Rockson Adofo ? ? ? ?