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Opinions of Wednesday, 17 February 2021

Columnist: Rockson Adofo

Is Tsatsu coming across as a bad old school lawyer

Lawyer Tsatsu Tsikata, affiliate and legal counsel to the National Democratic Congress Lawyer Tsatsu Tsikata, affiliate and legal counsel to the National Democratic Congress

A lawyer is as good as his brief. Again, a plaintiff wins his case on the strength of his case/evidence but not on the weakness of his opponent's.

A credible lawyer is he who gives honest advice to his client and refuses to accept a bad case in the first place. However, a bad lawyer will accept any case but will not inform his client that he is just trying in case God will intervene to grant them victory.

In court, law, rules and case law as well as technicalities are applied. In all situations, A good lawyer must be able to apply them relevantly to his case as may be supported by strong permissible, credible and acceptable evidence.

With the never-let-go attitudes by Tsatsu as obviously in exhibition in the ongoing Supreme Court election 2020 petition, where he keeps filing motions upon motions and applications upon applications, he is clearly in my mind coming across as an old school lawyer. He seems to be well versed in repudiated laws and tactics instead of the amended case-winning ones.

He probably believes being overly verbose and rapping in the English queen's language is more than enough to win court cases but not applying the relevant laws, rules, case laws or case references , thus case precedents to support his case.

I don't blame him because in Ghana, the knowledge of English is the criterion of a man's great learning. Therefore, if lawyers Justin Amenuvor and Akoto Ampaw will relate their arguments to relevant laws, rules and case precedents but speaking English slowly with Ghanaian accent, they are not credible but he who raps in English without applying the laws.
However in court, we talk law but not English.

I am not going to pre-judge the outcome of the election 2020 petition before the Supreme Court but I clearly do not appreciate the merry-go-round attitude adopted by Amma Benewa Doe's Tsatsu oo Tsatsu, the sole octogenarian "Ako te brofo" lawyer in Ghana.

English is only a tool for delivering your arguments. English per se does not win you your court case but how you apply the relevant laws, rules, case laws, technicalities to your case as is supported by the strength of your evidence.

By the time the ongoing election 2020 petition comes to a close, l will have added to my knowledge some laws and how best to win a case in court.

If l had my own way, l would advise Tsatsu to be honest with himself and to his client without mounting any further applications of motion on notice as when the die is cast, there is no turning back.

His trusted witnesses were so good to butcher the case by their narratives at the cross-examinations so why this bother?