Ghanaians remember the regime which stripped people of their properties, destroyed families and killed in the name of corruption eradication. Today, they have been found out by EOCO and the Sole Commissioner to have deliberat ... read full comment
Ghanaians remember the regime which stripped people of their properties, destroyed families and killed in the name of corruption eradication. Today, they have been found out by EOCO and the Sole Commissioner to have deliberately connived to steal millions from the State. The Supreme Court has confirmed the stealing, labelling it as an alliance to create, loot and share.
Rather than deal decisively with such gargantuan and mind boggling impunity and corruption, the President chooses to join his communication foot-soldier chorus.
moyo 10 years ago
Freedom of speech does not mean stuff which should pass through your anus should come through your mouth.
Freedom of speech does not mean stuff which should pass through your anus should come through your mouth.
OLD SOLDIER 10 years ago
Author: OBAA YAA
...So, the people around the president including his wife and those Team “B” staffers were aware of the president failing health. Therefore, who were they kidding when they ruin insults on whoever que ... read full comment
Author: OBAA YAA
...So, the people around the president including his wife and those Team “B” staffers were aware of the president failing health. Therefore, who were they kidding when they ruin insults on whoever questions the former president health?
As much as I hate to admit Rawlings was right with his statement. If they have had listen to those who were concern with the president health, he might be alive today...
OYOKOBA 10 years ago
In my candid opinion Sammy Awuku should not have apologized for anything as he did no wrong whatsoever to merit his hauling before Justice Atuguba's court.
Here is my take. There is a presidential election petition case goi ... read full comment
In my candid opinion Sammy Awuku should not have apologized for anything as he did no wrong whatsoever to merit his hauling before Justice Atuguba's court.
Here is my take. There is a presidential election petition case going on at the Supreme Court that calls for all the seriousness and attention of the judges presiding. And there is also the Court of Public Opinion that is paying keen interest at what is going on and making their own free observation and opinion of what is going at the Supreme Court. One of those days out of the blue Justice Atuguba singled out the Daily Guide for admonition in his court. To this Sammy Awuku responded was selective and prejudicial.
And he is absolutely right.
a) Justice Atuguba cannot play ostrich and deaf to the many newspapers, a lot of them NDC rented press, that have been passing comments on how he is running his court. So he was selective.
b) Justice Atuguba was prejudicial as he cannot be allowed to be the policeman, prosecutor and judge in his own court. What process did he avail the Daily Guide to defend themselves? And to autocratically repeat the dose on Sammy Awuku without the benefit of legal process and be represented by a legal counsel. So he was prejudicial.
This is not PNDC days with kangaroo courts euphemistically called Peoples Tribunals. Mob tribunals would have been a more fitting label.
My Comments:
1) Justice Atuguba is/was probably against the live broadcast of the court case and he is mischievously and deliberately laying the grounds to disallow live broadcast of future Supreme Court cases that would peek the interests of the people so that they can stab the people at the back with the curtains pulled together.
2) Sammy Awuku did not pass any comment on the substantive case that is in front of the Supreme Court - the election petition - to which Atuguba should concentrate on instead of looking over his shoulders and monitoring what is going on in the media.
3) By his actions he has proven himself to be a bully and brought himself into disrepute as he seems to suggest he is influenced by what is going on in the press. Why is he not calling out those who are praising him in the press except those who are criticizing him? Are both - criticism and praise - not two sides of the same coin? If he hates criticisms he should in equal measure hate praises, I say.
4) Freedom of speech is a fundamental human right and he cannot tell me that he is so frail and weak that he needs to protect himself with contempt of court threats.
5) His whole conduct leaves no mistake and doubt in the minds of the people that his biases lies with the NDC as all his threats have been targeted mostly to the NPP. Here was a judge who scorned Bawumia that he is a doctor and therefore he should not give long and "winding" explanations to questions from Tsikata and yet he would sit there and let Afari Djan ran riot with his long lectures on simple questions. And then again he recently queried Addison whether he is done with his cross examinations (has he made up his mind as to how he is going to judge?) when he did not make any such demands on ex-convict Tsatsu Tsikata on his repeating the same question day in day out. Some judge!!
6) If he has not heard it before, let me make it loud and clear to him that I think he is biased against the NPP. And that is my opinion and I am entitled to it. He can't do foko!!!
What the blistering is he doing policing the media and air waves when he should concentrate on the substantive case in front of him? Is he afraid the people are watching over his shoulders? If you think you can charge us with contempt of court, we can also charge you with contempt of public opinion. Clown!!!
A. Nyamaa 10 years ago
Kofi Atta
You are obviously longing for those PNDC days where you and a few others took the law into your own hands and brutalised the populace.
I am sorry but Justice Atuguba has neither thugs nor the police to enforce his ... read full comment
Kofi Atta
You are obviously longing for those PNDC days where you and a few others took the law into your own hands and brutalised the populace.
I am sorry but Justice Atuguba has neither thugs nor the police to enforce his diktat.
Within a week he himself would have realised he is creating fear and loathing for the court.
I bet as former PNDC operative you are getting bored with the niceties of the UK court room. Lord Denning irks you greatly.
USMAN 10 years ago
This is how far our useless university education has brought us. I thought there were intellectuals in Ghana but the action of our so called learned person leave much to be desired.
This is how far our useless university education has brought us. I thought there were intellectuals in Ghana but the action of our so called learned person leave much to be desired.
Tom Brown 10 years ago
Kofi
Are you sure the learned professor is your class mate? You seem not to understand freedom of speech.
Kofi
Are you sure the learned professor is your class mate? You seem not to understand freedom of speech.
Okofo 10 years ago
He is giving a disproportionate weighting to national security as a the reason for the judges to justify their heavy hand on free speech.
While they (the Judges) cannot ignore national security, their number one duty is t ... read full comment
He is giving a disproportionate weighting to national security as a the reason for the judges to justify their heavy hand on free speech.
While they (the Judges) cannot ignore national security, their number one duty is to interpret the law and the constitution.
His interpretation of the legal cases Prof Asare voted and the others he introduced is skewed to legitimise his own understanding of how free speech should be applied or accepted.
Paul Amuna 10 years ago
Clearly you do not understand "free speech". Are you doubting that Kofi and Asare were school and class mates? Why would he say such a thing if it were not true? Mind you he does not even need to say it in the first place as ... read full comment
Clearly you do not understand "free speech". Are you doubting that Kofi and Asare were school and class mates? Why would he say such a thing if it were not true? Mind you he does not even need to say it in the first place as he is an intellectual in his own right!
Kofi Ata, Cambridge, UK 10 years ago
Tom Brown, is it because I do not bear any title before my name or what? I did Human Rights at postgraduate level and have full knowledge and understanding of the subject matter. I also operate in Equality and Human Rights he ... read full comment
Tom Brown, is it because I do not bear any title before my name or what? I did Human Rights at postgraduate level and have full knowledge and understanding of the subject matter. I also operate in Equality and Human Rights here in the UK.
For your information we were not only school and class mates at Augustine's and St Peter's but also good friends. We keep in regular contact with each other through e-mails and phone. Yesterday, I e-mail an advance copy of my article to him before it was posted on Ghanaweb. He e-mailed back to acknowledge receipt.
You should have expressed what made you conclude that I seem not understand freedom of speech rather than question whether he was my class mate.
Kee Atty 10 years ago
Kofi Atta I read your article very carefully and I agree with every point you made. It is important for the justices to exert their authority on the court case before conclusion. You have got to ignore people who without unde ... read full comment
Kofi Atta I read your article very carefully and I agree with every point you made. It is important for the justices to exert their authority on the court case before conclusion. You have got to ignore people who without understanding the article make comments that do not contribute anything to the discussion. I enjoy reading your articles. Keep the unbiased good work going. Good reports
Kojo T 10 years ago
NPP will never agree so long as they are at the receiving end Period. Then have you ever seen NPP supporters thinking? When one writes then all will follow suit. They turn round and say others have a " herd mentality"
NPP will never agree so long as they are at the receiving end Period. Then have you ever seen NPP supporters thinking? When one writes then all will follow suit. They turn round and say others have a " herd mentality"
A. Nyamaa 10 years ago
Why don't you tell anybody what your role in the PNDC was?
How many lives did your direct role cost?
Why don't you tell anybody what your role in the PNDC was?
How many lives did your direct role cost?
Kojo Samla 10 years ago
Partisanship in all deliberations and views must be subject to the common good of the state. I am in tune with Kofi Atta in regards to this write up. Partisanship in Ghana is breeding anarchist who are shamelessly seeking th ... read full comment
Partisanship in all deliberations and views must be subject to the common good of the state. I am in tune with Kofi Atta in regards to this write up. Partisanship in Ghana is breeding anarchist who are shamelessly seeking the destruction of the authority of state institutions for political gain.
MARK 10 years ago
MY FREEDOM TO SWING MY FIST STOPS AT THE POINT WHERE ANOTHER MAN'S NOSE BEGINS. MY FREEDOM TO USE WORDS STOPS AT THE POINT WHERE IT BEGINS TO UNFAIRLY AND UNJUSTIFIABLY HURT ANOTHER PERSON.ATUGUBA HAS NOT ERRED IN THE SPIRIT ... read full comment
MY FREEDOM TO SWING MY FIST STOPS AT THE POINT WHERE ANOTHER MAN'S NOSE BEGINS. MY FREEDOM TO USE WORDS STOPS AT THE POINT WHERE IT BEGINS TO UNFAIRLY AND UNJUSTIFIABLY HURT ANOTHER PERSON.ATUGUBA HAS NOT ERRED IN THE SPIRIT OF THE LAW, ONLY IN THE LETTER BY NOT USING ESTABLISHED PROCEDURE TO WARN THOSE SUMMONED. THIS IS A TECHNI CALITY. BUT HIS DESIRE TO SECURE THE PEACE AND SECURITY OF GHANA TRUMPS THE TECHNICALITY WHICH CAN BE REMEDIED GOING FORWARD.
Nana Aba 10 years ago
Mark, true, your fist stops where the tip of another's nose begins BUT the comments being made on air and in print media are not so onerous or substantive as to affect the proceedings and in my humble opinion, the gagging ord ... read full comment
Mark, true, your fist stops where the tip of another's nose begins BUT the comments being made on air and in print media are not so onerous or substantive as to affect the proceedings and in my humble opinion, the gagging orders issued by Atuguba amount to an infringement of free speech! It is absurd to attempt to restrict opinion/comments when proceedings are being televised live before the whole nation! Of course there will be commentaries if you choose to broadcast live proceedings! There is also the concern over due process! Atuguba will do well to read Lord Denning's take on Contempt! The right to free speech is an inalienable right under the constitution and we will do well to preserve it rather allow Justices to surreptitiously shrink it because they are too thin skinned or have their own hidden agenda. I applaud Prof Asare for his petition - he has done right by the legal fraternity and for the ordinary Ghanaian!
MARK 10 years ago
THERE ARESOME COMMENTS WHICH ARE AIMED AT SOWING SEEDS OF INSTABILITY IN THIS YOUNG DEMOCRACY. GHANA HAS WEAKER INSTITUTIONS THAN THE COUNTRIES FROM WHICH ASARE CITES HIS CASES. THE QUESTION IS, IS THIS AN APPROPRIATE APPLICA ... read full comment
THERE ARESOME COMMENTS WHICH ARE AIMED AT SOWING SEEDS OF INSTABILITY IN THIS YOUNG DEMOCRACY. GHANA HAS WEAKER INSTITUTIONS THAN THE COUNTRIES FROM WHICH ASARE CITES HIS CASES. THE QUESTION IS, IS THIS AN APPROPRIATE APPLICATION? THE QUESTION IS, ARE PEOPLE ON BOTH SIDES SAYING INFLAMATORY THINGS WHICH CAN LEAD TO TURMOIL? 3 THINGS ARE NEEDED FOR WAR: 1) 2)ETHNIC TENSIONS, 3)POLITICAL INSATBILITY, ECONOMIC INEQUITIES/HARDSHIPS. THESE FORM THE SUFFICIENT AND NECESSARY REASONS FOR CIVIL WAR
Nana Aba 10 years ago
Mark the SC cannot and must not be allowed to use its judicial powers to alienate individual freedoms enshrined in the constitution of Ghana. The conditions you describe are not within the remit of a court deciding on electi ... read full comment
Mark the SC cannot and must not be allowed to use its judicial powers to alienate individual freedoms enshrined in the constitution of Ghana. The conditions you describe are not within the remit of a court deciding on election issues nor should these things define our individual freedoms as citizens. If someone incites violence or war, there are appropriate measures within the law to deal with such people - let those systems work. Don't get round that by holding people in contempt at the whim of any judge!
Ken Ntiamoa 10 years ago
Mr Kofi Atta,
I believe the Supreme meant well when they brought the young man, Sammy Awuku, to court on that fateful day. However, in my humble opinion, it was a very dangerous and risky gamble that the learned judges too ... read full comment
Mr Kofi Atta,
I believe the Supreme meant well when they brought the young man, Sammy Awuku, to court on that fateful day. However, in my humble opinion, it was a very dangerous and risky gamble that the learned judges took. Let us imagine that Sammy Awuku had not been counselled by his handlers to apologize in order to end the matter right there and then; but, rather he foolishly, boldly and obstinately stuck to his claim of "selectivity and hypocrisy" and in fact had repeated those same words right in front of the learned judges, what do you think would have happened? He may have ended up in prison, but that would have meant to some that he is in fact a political prisoner and I bet, his NPP young friends would be all over the place trying to get him out. That could have ended, derailed or negatively affected the main trial currently going on and that would not be good for nation.
I think the nation is better served if the learned judges concentrate on the arduous task entrusted to them instead of trying to keep every one else in check.
Ken
Kwaku Manu 10 years ago
Mr. Ata, why don't you allow your so called friend to provide details of where he is and where he resides. You are a very dangerous friend to be publicising such information.
Mr. Ata, why don't you allow your so called friend to provide details of where he is and where he resides. You are a very dangerous friend to be publicising such information.
Kofi Ata, Cambridge, UK 10 years ago
Kwaku Manu, please do not make false allegation against me and refer to me as being dangerous. Prof Asare's residence in the US is already in the public domain. In fact, yesterday, the Ghanaian media who reported his petition ... read full comment
Kwaku Manu, please do not make false allegation against me and refer to me as being dangerous. Prof Asare's residence in the US is already in the public domain. In fact, yesterday, the Ghanaian media who reported his petition to the Chief Justice referred to him as US based Ghanaian professor. Again, I did not disclose his home contact details or even the state where he resides. So what are you alleging?
williamdegraftcoleman.com 10 years ago
Ghana's democracy is too young and too fragile, and so inflamatory remarks must be checked no matter what. Comparisons to advanced demoracies is also disingenuous. In Rwanda and else where, what stoked ethnic violence are exa ... read full comment
Ghana's democracy is too young and too fragile, and so inflamatory remarks must be checked no matter what. Comparisons to advanced demoracies is also disingenuous. In Rwanda and else where, what stoked ethnic violence are exactly what is taking place on Ghana airwaves. Our leaders are meant to serve but if the opportunity to do so skips over one, why get mad? Am I missing something?
asuk 10 years ago
I think Ghana Bar Association must comeout and state their position whether they are in tandem with the SC ruling on Awuku or for that matter whether SC is within limits of their jurisdiction and not curtailing freedom of sp ... read full comment
I think Ghana Bar Association must comeout and state their position whether they are in tandem with the SC ruling on Awuku or for that matter whether SC is within limits of their jurisdiction and not curtailing freedom of speech. This will enrich the debate. Also the Ghana Journalist Association must come and take an informed position. That will also help!!Thanks for the article
PK 10 years ago
First, Kofi displays poor logic in suggesting that a person cannot make 'faithful' comments or criticism on a matter if they have personal or partisan interest in same.
Second, Kofi Ata is agreeing with the view that Atug ... read full comment
First, Kofi displays poor logic in suggesting that a person cannot make 'faithful' comments or criticism on a matter if they have personal or partisan interest in same.
Second, Kofi Ata is agreeing with the view that Atuguba is being capricious because the latter based his ruling on the first part of Sammy Awuku's comment, which was that the court had been "selective". When Awuku was asked to repeat in court the comments he made on radio, he never brought in the hypocritical part.
Finally, we're all being hypocritical about Justice Atuguba's behaviour. When this case began, he allowed Mr. Tsikata to abuse the petitioners and their counsel amidst protestations from Mr. Addison. It's only when the latter to respond in like manner did Justice Atuguba find something wrong with insulting insinuations. When Tsikata asked Bawumia to comment on Sir John's white "handkerchief" victory comment, Bawumia insisted that was someone's political talk that wasn't part of the pleading. Surprisingly, Justice Atuguba insisted the question was relevant and ironically scolded Bawumia to bring his mind to the court! He also interrupted Bawumia several times to warn him to give direct answers instead of explanations, a direction the petitioner's counsel protested. Yet, Justice Atuguba found nothing wrong with the long-winded explanations by Asiedu Nketiah and Dr. Afari-Djan. You cannot convince me that Atuguba is not being hypocritical. In fact, we're all being hypocritical by not calling the man out.
Nyansasem 10 years ago
Don't mind that Kofi Ata who comes here pretending to be apolitical and yet, all his writes-ups indicate that he supports Mahama and NDC.
And you are right in your example, I can't understand why someone can't say that Atu ... read full comment
Don't mind that Kofi Ata who comes here pretending to be apolitical and yet, all his writes-ups indicate that he supports Mahama and NDC.
And you are right in your example, I can't understand why someone can't say that Atuguba is selective and hypocrite. Like you said, he told Bawumia that he is a "Dr" and he should be able to answer some questions. And yet, this presiding judge can't tell Afari Djan, the Commissioner to answer a simple question of what is "OVER-VOTING"
Leave Kofi Ata alone and let him swim in his partisan...
Kofi Ata, Cambridge, UK 10 years ago
PK, I did not state that a person cannot make faithful comments or criticism on a matter if they have personal or partisan interest. You have misinterpreted what I said. I was making specific reference to comments and critic ... read full comment
PK, I did not state that a person cannot make faithful comments or criticism on a matter if they have personal or partisan interest. You have misinterpreted what I said. I was making specific reference to comments and criticisms by NDC and NPP members and supporters. I did not generalised that assessment. I also mad reference to timing and the current environment.
Regarding the last part of your comment, if you follow my articles on Ghanaweb, I condemned the behaviour of both Tsatsu Tsikata and Tony Lithur in an article on May 31, 2013. My only problem is that, the Justices did not crack the whip earlier and seem to have lost control of the management of the case.
Paul Amuna 10 years ago
I agree with your analysis of the quote from Lord Denning. I do not believe for once that the supreme justices are saying that people should not comment or even criticise their rulings. I think they have even alluded to this ... read full comment
I agree with your analysis of the quote from Lord Denning. I do not believe for once that the supreme justices are saying that people should not comment or even criticise their rulings. I think they have even alluded to this provision themselves in some of their own previous statements. ?However what is at issue, and what some pundits and legal 'luminaries' are selectively analysing to buttress their case, is the over-emphasis on 'personal and press freedoms' without examining critically the issues of responsibility and "faithfulness" or the "truthfulness and falsehoods" of such expression of freedoms.
I for one would simply like to see people being fair, objective and balanced irrespective of the positions they take on this case. What is most objectionable is this blatant disregard for the highest court of the land, based partly on ignorance, partisanship and sometimes, downright falsehoods.
Kwaku Azar 10 years ago
Kofi
Your write up contains too many mistakes. I am only responding because I do not want people to read it and repeat those glaring errors.
1. Denning's reference to fair comment had little to do with fairness, as used ... read full comment
Kofi
Your write up contains too many mistakes. I am only responding because I do not want people to read it and repeat those glaring errors.
1. Denning's reference to fair comment had little to do with fairness, as used in everyday speech and as you have interpreted it. He was referring to a specific legal doctrine, which allows people to freely express on matters of public interest, as long as those statements are not made with the intent to harm. Fair comment is one of the most endurable defense against defamation and libel. For the same reason, I believe you completely misunderstood his use of faithfully. He did not mean faithfully should be the test of what one can and cannot say.
2. You did not seem to see most of the cases cited dealing with on-going cases. Reread paragraph 19 et seq.
3. You do not seem to appreciate the essence of time, place and manner restrictions. It has nothing to do with political fault lines, etc.
4. Time, place and manner restrictions on speech have to be content neutral. That means all speech is subject to the same restriction. In Ghana, you can say all day that the Justices are very objective. But you are not allowed to say the Justices are biased. Thus, the restrictions are not content neutral. In fact, it is content itself that is being restricted.
5. I do not see this useless parade of people before the Court as part of the Presidential petition. Thus, I see no reason to address my concerns to the justices. In my opinion, the administration of justice is being hijacked by 9 men who do not follow proper process to summon witness, do not properly charge people, do not hold a trial and are passing sentences. It is the CJ who is the head of administration and can issue a practice directive to curb the madness.
6. Were the CJ on the panel, I will direct my concerns to her, not in her role as a panel member but in her role as an administrator
7. Schenk is not good law, having being overturned decades ago.
8. The reason why we protect the right to speak is because people are free to use that right irresponsibly. So being for the responsible enjoyment of the right to speak does not mean much.
9. The analogy about shouting fire in a crowded market should remind you that there are various types of speech, which enjoy different levels of protection. Shouting fire in a crowded market is of no social value and portends imminent danger. It has to be punished, not as contemot of court, but as endangering lives of people.
10. In contrast, political speech, directed at holding government officials accountable, enjoys the highest level of protection, as it should, if democracy is to be meaningful.
11. We have lost our minds if we think we cannot say a judge is hypocritical and selective. This is 2013. Let us act it!
Nyansasem 10 years ago
Don't worry you fine mind on Kofi Ata, he have never had a stand on anything. Also, his write ups here suggest that he might be a "rented" author for NDC. His article is more convoluted than anything I have read here
Both ... read full comment
Don't worry you fine mind on Kofi Ata, he have never had a stand on anything. Also, his write ups here suggest that he might be a "rented" author for NDC. His article is more convoluted than anything I have read here
Both Mahama and Akufo have promised to accept the ruling of the SC, so why do people keep on saying that the country will go up in flames and therefore the justices are doing this to maintain peace. Stupid assumptions and false premise to begin with to write his convoluted piece.
It is absurd to think that Atuguba is doing this just to maintain or protect peace in country. If that was the case, the earlier he finishes with the case the better and should not have allowed Tsatsu to spend 15 days asking about whether or not the pink sheets are actuall over 11,000 and then end up calling KPMG to count those pink sheets.
BOY KOFI 10 years ago
I agree with you that the judges should throw the stupid petition out immediately for us to have peace of mind.After all,Bawumia and Addison have not been able to prove that Dr Afari Gyan stole the peoples' verdict for Prez M ... read full comment
I agree with you that the judges should throw the stupid petition out immediately for us to have peace of mind.After all,Bawumia and Addison have not been able to prove that Dr Afari Gyan stole the peoples' verdict for Prez Mahama.I don't know what the judges are waiting for.The petition itself has many serious errors than the real élections.You cannot win a Supreme Court case with discredited evidence as the pink sheets.I'm getting nervous,this stupid petition should be thrown out immediately.Thank you.
Okonko Palm 10 years ago
Professor Asare also known as Kwaku Azar must be a stubborn freak of nature.He claims that Kofi's write up contains too many mistakes giving the impressions that Kofi's article was misguided or wrong.In fact he failed to ju ... read full comment
Professor Asare also known as Kwaku Azar must be a stubborn freak of nature.He claims that Kofi's write up contains too many mistakes giving the impressions that Kofi's article was misguided or wrong.In fact he failed to justify that claim in his rebuttal.
He tried unsuccessfully to give a narrow interpretation to Lord Denning's inferred limitation on freedom of speech and expressions and the law on contempt.Azar is giving the impression that certain words were used by Kofi out of context thereby giving a wrong impression.
The truth of the matter is that whatever context it is used the principle is the same.Like all great principle they apply to different scenarios not only narrow and parochial.
Contempt of court is disregarding court's orders, or in any way interfering with the way the court does its job. Azar's crusade under the guise of freedom of speech and expression but in truth an attempt to undermine law and order in the country,if accepted would be a recipe for chaos and disorder.
Nana Aba 10 years ago
Prof. Asare, i agree whole heartedly with your response to Kofi's article.
Your petition is rightly addressed to the CJ - the issue of contempt is distinct from the election petition. Indeed if the 9 justices are to be true ... read full comment
Prof. Asare, i agree whole heartedly with your response to Kofi's article.
Your petition is rightly addressed to the CJ - the issue of contempt is distinct from the election petition. Indeed if the 9 justices are to be true to their offices, they must of their own volition rescind them without waiting on the CJ to issue a directive on the issue.
Kofi Ata, Cambridge, UK 10 years ago
Azar, it's unfortunate you are in Ghana so we have resorted to arguing on Ghanaweb instead of our usual telephone conversations. We will continue the debate when you are back in the US.
1. First, let say that you are equal ... read full comment
Azar, it's unfortunate you are in Ghana so we have resorted to arguing on Ghanaweb instead of our usual telephone conversations. We will continue the debate when you are back in the US.
1. First, let say that you are equally wrong to limit the interpretation of Lord Dennings use of the words "fair comment" and "faithfully" Even in everyday language the interpretation of those two words cannot be narrowed. I have not seen anything in Lord Dennings ruling that restricts those words to a narrow interpretation and application.
2. I did state that most and not all. That was an acknowledgement that there were others that related in-court comments. Not withstanding that, do you believe that in the US, comments and criticisms of a case being heard by the SC would go that far as what is happening in Ghana (assuming if the hearing is live)? I know when the judgment is made the media and public can even take the Justices to the cleaners but they are cautious whilst the case is still being heard.
3. You are again wrong to interpret time and place that I referred to as just a matter of the political fault lines. I analysed them holistically and gave the political fault line as one example within the current environment in Ghana. In fact the use of time and place included political, social, economic, etc situations in Ghana. For example, 5 years ago it would have been unheard of to talk of curtailing the powers of the media in the UK. However, today, because of the phone hacking scandal by the media, that is what is happening and that was what I was referring to, when I used time and place.
5. I agree with you that the modus operandi of the Justices are wrong because that is unfair trial. You may have a fair point in going tonthe Chief Justice. However, because this case is unusual and I am not even sure if there is a judicial process in Ghana for petitions such as yours. However, the danger is that once a precedent is set for the Chief Justices to singularly reverse the decision/s of a panel of Justices (be it right or wrong) there is the risk of undermining panel of Justices both present and in the future. What is the point of a panel if the Chief Justice alone can overturn the decision/s of that panel? There must be an overriding public interest such as the live broadcast, which again was not a legal decision and was prior to the hearing beginning. That is the difference. I know we disagree on the approach so we leave it at this stage.
7. The Schenk example also related to time and place, which from what is happening in the UK (the abuse of the media), there will soon have a more stringent regulation. Again, it's about the timing and the whole environment. For example, in the US freedom of expression has never been the same after September 11 when it comes to hate speech. What one would have got away pre Setemebr 11 is not the case post September 11. That is the context within which I used Schenk
8 I agree with on the right to be irresponsible in exercising your freedom of expression. However, and as you agree with me, that right is not free standing or absolute. There are some restrictions, though very narrow and must met very strict tests as stated in the article. For example there is no freedom to incite racial, ethnic, religious, homophobic attacks, though that is irresponsible exercise of the right to freedom of expression. Do not get me wrong because I am not campaigning for freedom of expression to be curtailed in Ghana. I am only making the alternative case that, if that irresponsible exercise of the right to freedom of expression is not limited to what is allowed by law in a democratic society, then there could be danger of disorder and anarchy. In my view, what the NDC guy said was an incitement to disorder and lawlessness.
9, Azar, what do you call a charge of contempt of court (if one is properly charged before a court, tried, found guilty and sentenced to a fine or imprisonment)? Is that not punishment? Any way, that analogy also referred to timing and place. In my view, the charge alone as well as the trial could constitute punishment. Don't you think that what the NDC guy is alleged to have said could endanger lives in Ghana?
10. I am not sure if I made any reference to political speech but I understand that those of NDC and NPP members and supporters are political speeches. I also did not refer to accountability though the criticisms and comments directed at the Justices are meant to make accountable for their actions. My qualms on that and in fact, I stated in the article that the Justices should be accountable by subjecting those who in their view have committed the offence of contempt of court to a proper trial.
11. You appear to have taken and interpreted my views within very narrow confines the whole subject of freedom of expression and free press. My article made specific references to the current environment in Ghana as well as specific incidents. My view is that those who are making these criticisms have a hidden agenda to influence the Justices and that is where the danger lies. I am not in any way suggesting that in the 21st Century, one cannot describe the actions and omissions of a judge as hypocritical. I am only being the devil's advocate by pointing out the other danger or pitfall if these matters are not considered in their totality but we rush into making decisions as the Justices are doing by sentencing Awuku without a proper trial.
In conclusion, let me point out that, though I have used time and place as well as the current environment in Ghana, I am no fun of Relativism. In fact, my mates and Professor who taught us Key Issues and Foundations of Human Rights would be shocked to hear that I am arguing for Relativism because I was strongly opposed the concept as a student of Human Rights. I do not believe that Africans or Ghanaians should have less human rights than Europeans or Americans because there is only one human race. All what I am saying is that, in every society where these rights can be and are regulated by law, it is necessary for certain conditions to be taken into consideration in arriving at the whether there is the need for any such restrictions as permitted by law in a democratic society or not. I am also not in favour of the judiciary regulating the media. Instead, I prefer self regulation, if that is realistic and possible.
Let's talk when you are back.
OLIVER TWISTed 10 years ago
Why do you ask Azar to discuss this issue privately when you put this rejoinder out for public consumption yourself?
The entire premise of your article is flawed and that is what Azar sought to point out by letting you kno ... read full comment
Why do you ask Azar to discuss this issue privately when you put this rejoinder out for public consumption yourself?
The entire premise of your article is flawed and that is what Azar sought to point out by letting you know that there were "too many mistakes" in it.
John Antwi 10 years ago
You do not understand the fair comment doctrine and you are arguing. Try google and stop parading ignorance.
You do not understand the fair comment doctrine and you are arguing. Try google and stop parading ignorance.
Kofi Ata, Cambridge, UK 10 years ago
John, I do understand the fair comment doctrine of legal privilege in contempt of court cases. It also includes among others, that the at the time the comment was made the person genuinely believed what s/he said to be true. ... read full comment
John, I do understand the fair comment doctrine of legal privilege in contempt of court cases. It also includes among others, that the at the time the comment was made the person genuinely believed what s/he said to be true. It is not a blanket privilege or a licence to peddle falsehood or evade a charge of contempt of court. So who is parading ignorance, you or me. I do not rely on Google to seek knowledge and understanding of certain issues.
JIM CROW 10 years ago
SO CALL ON KWASI APPIAH TOO TO SUMMON ALL OF THOSE AMONG THE 25 MILLION GHANAIANS WHO COMMENT ON BLACK STARS MATCHES, ESPECIALLY THOSE NDC/NPP COMMENTS, TO GO TO THE STADIUM AND COACH THE BLACK STARS.
SO CALL ON KWASI APPIAH TOO TO SUMMON ALL OF THOSE AMONG THE 25 MILLION GHANAIANS WHO COMMENT ON BLACK STARS MATCHES, ESPECIALLY THOSE NDC/NPP COMMENTS, TO GO TO THE STADIUM AND COACH THE BLACK STARS.
BOY KOFI 10 years ago
You become a complete animal if you use freedom without responsibility.Every man has to be responsible of the public good and responsibile for the interest of the society he finds himself.Freedom does not mean do whatever you ... read full comment
You become a complete animal if you use freedom without responsibility.Every man has to be responsible of the public good and responsibile for the interest of the society he finds himself.Freedom does not mean do whatever you like and go free,if you think that's the meaning of freedom than my good friend you are in trouble.Even the animals have their limits.Thank you.
TT 10 years ago
Thank you, Kofi for your insightful piece. I hope those who are seeking to misapply the freedom of speech provisions in the constitution, will take their time to read your article.
Bravo!
Thank you, Kofi for your insightful piece. I hope those who are seeking to misapply the freedom of speech provisions in the constitution, will take their time to read your article.
Bravo!
John Amponsah 10 years ago
Greetings, Kofi. This is just a quick note to say that whoever tried to argue with you yesterday is different from the person who writes articles on this website by that name. If that person who took on your comments in a som ... read full comment
Greetings, Kofi. This is just a quick note to say that whoever tried to argue with you yesterday is different from the person who writes articles on this website by that name. If that person who took on your comments in a somewhat disparaging manner was trying to impersonate me then that is just too bad. I left you the note under Kwaku Azar's article "Petition to the Chief Justice of Ghana": www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=278189&comment=9397743#com
As to your article above, I have read it in its entirety, as I did Kwaku Azar's more formally written article (and have also read the comments Azar left beneath this article, as well as many of the others so far posted). The supreme court case is obviously of immense importance in our current affairs. For the moment, I remain a spectator, an observer, listening in on all the discussions taking place and considering all, especially the good and well thought out ones.
On Ghanaweb, I will not use (and have not used) disparaging comments when referring to other's contributions, even when I have been a target of such language in the past. I never insult or use insulting language. I never indulge in unnecessary argument for the sake of it. I make comments that reflect my thinking without resorting to the above. So if anyone tries to impersonate me, readers and commentators should bear this in mind if they ever see a comment with my name by the side. I just wanted you to get this message out because impersonation is unfortunately a common occurrence on Ghanaweb.
...that's all. I hope this addition did not detract readers and commentators from the main issue, which is this ongoing very important discussion regarding the Supreme Court of Ghana!
Thanks
Kofi Ata, Cambridge, UK 10 years ago
John, do not worry as I do not even remember all the comments. It's sad that some readers are now using names of others to abuse and leave insulting comments. It's equally unfortunate that some readers prefer not to discuss i ... read full comment
John, do not worry as I do not even remember all the comments. It's sad that some readers are now using names of others to abuse and leave insulting comments. It's equally unfortunate that some readers prefer not to discuss issues raised but peddle abuse and insults. Even when one disagrees with the views of the author or comments, there is no need for abuse instead of simply stating those views one disagrees as well his or her own views.
TROUBLE-MAKER 10 years ago
The fact that society has been given the chance to speak freely and express their views doesn`t mean the rule of law and discipline should be ignored.
What I have observed in the developed world is that any case that is befo ... read full comment
The fact that society has been given the chance to speak freely and express their views doesn`t mean the rule of law and discipline should be ignored.
What I have observed in the developed world is that any case that is before the court are NOT discussed in public until is ended.
Even on the comment section of the news online,it is clearly stated "sorry we can`t accept any comment for legal reason".
That is not the case in Ghana.
Ghanaians semms to know better than the Supreme Court Judges and that is making this court case difficult for them.Try being in their shoes.
To hell with this freedom of speech nonsense that comes with no responsibility.
Kwabena 10 years ago
Kofi thanks for this piece though you have not been able to expressed yourself eloquently to silent your critics.
There is no doubt that freedom of speech and the media have limits but when, how and where the limits ar ... read full comment
Kofi thanks for this piece though you have not been able to expressed yourself eloquently to silent your critics.
There is no doubt that freedom of speech and the media have limits but when, how and where the limits are set always creates confusion and concerns. But regardless, the SC must control speeches and pronouncements that is likely to endanger peace in Ghana.
FAR INDIA 10 years ago
This article is well written and the debate impressive . this is what we need as a country, experts contribution. Kudos Prof Kofi Atta.
This article is well written and the debate impressive . this is what we need as a country, experts contribution. Kudos Prof Kofi Atta.
Paul Amuna 10 years ago
Indeed we need well-informed and well-researched discourse to both inform and educate. I particularly admire Kofi's efforts to simplify what otherwise are complex legal issues, terms, definitions and provisions so, most 'ordi ... read full comment
Indeed we need well-informed and well-researched discourse to both inform and educate. I particularly admire Kofi's efforts to simplify what otherwise are complex legal issues, terms, definitions and provisions so, most 'ordinary' people can understand.
It is such a pity that some people ONLY read Kofi's work here and react to them purely on party lines (because Kofi has NDC leanings). Indeed many do not even bother to read his whole piece which is usually well balanced. I just wish people will be more objective in their analysis. Like him or loathe him, Kofi in my view is a breath of fresh air and a good example for contributors to this, and other forums.
THE AUDITOR 10 years ago
There seems to be an overriding and terrifying rationale underlining the views and writings of the election petitioners and their apologists. They must win the election, now the petition, for Ghana to continue to enjoy peace ... read full comment
There seems to be an overriding and terrifying rationale underlining the views and writings of the election petitioners and their apologists. They must win the election, now the petition, for Ghana to continue to enjoy peace! Prof. Asare and his type have used every tool at their disposal to justify the basis for going to court in the first place. I was one of those people completely convinced initially that they had incontrovertible evidence of electoral malpractice or even fraud to unleash on the EC in Court.
Sadly, the case is in court and spread out in full view and scrutiny of the world and all impartial and discerning people are beginning to ask, 'is that all'? Prof Asare and his friends are no fools. They can feel the emptiness staring all of us in open court and they are using the law and any instrument to prepare the ground for TROUBLE if they lose, or at least so it seems.
Nothing much is going according to plan. The evidence itself is plagued by flaws,
misunderstandings, haphazard arithmetic and counts. It is clear to any right thinking person, hopefully including the judges, that given the public disorder which preceded the filing of the petition, if efforts are not made to curtail abuse of freedom of expression in this instance, the nation state of Ghana is at risk. If this suspicion is half way correct, then clearly the rush to conclude the case by the court can wait, while the judges sort out some basic elements of public order.
Kofi, I must confess am one of your regular readers and today I have come to realize that this is probably because you continue to make mature and practical contribution to debates, in contrast to the questionable logic of some of your former classmates! This country needs to survive this petition so that we can learn from any mistakes any of the parties may have made during the 2012 election and its aftermath. These lessons must be learnt in peace and national cohesion, irrespective of how or what the judges decide.
Prof. Asare and his type can find several times more legal precedences and examples weighing in favor of protecting national cohesion if the election result had gone the other way. Similarly, some of us are beginning to suspect that if the case showcased so far in court had been stronger for the petitioners, this defence of blatant public incitement in the name of free speech protection would have been seen for what they truly are. Preparation of the ground to reject the final ruling by either party!!
Keep it up Kofi, while I don't always agree with your contributions, you have more appreciative readers than you will ever know!
LONTO-BOY 10 years ago
MASSA KOFI, this is a well reasoned and argued article. It's significant we distinguish between what constitutes the suppression of 'Freedom of Expression' and the concerns of Free Speech bordering on Contempt of Court in the ... read full comment
MASSA KOFI, this is a well reasoned and argued article. It's significant we distinguish between what constitutes the suppression of 'Freedom of Expression' and the concerns of Free Speech bordering on Contempt of Court in the context of the on-going Supreme Court proceedings. Freedom of Expression is very essential in any democratic and free society. However, considering the seriousness of the on-going proceedings, politically, reporting and analysis of the proceedings should be done so as not to undermine the authority, integrity of the SC Justices and public confidence in the administration of justice. In criticising any stance, decision or objection of the SC, that Freedom of Expression should be done in the context of fairness, objectivity and reasonableness.
Personally, I don't think the purpose/intention of the action of the Atuguba-led Supreme Court is gagging people or using 'Contempt laws' to silence its critics but to deter people passing inappropriate and reckless comments on the on-going proceedings.
What we need to understand is that there's a thin line between Free Speech and Contempt of Court. Contempt of Court, broadly, could apply to any expressed opinions, arguments, publication, wilful disobedience of court order and statements that creates 'a substantial risk' of prejudicing the course of justice. However, it's a question of judgement as to what may create 'substantial risk' of serious prejudice.
Nana 10 years ago
Very very good article from Mr Kofi Atta. Accessible to the simple people to understand. He proved he is a well educated person. The intellectual is the one who speaks the language people can easily understand and not the one ... read full comment
Very very good article from Mr Kofi Atta. Accessible to the simple people to understand. He proved he is a well educated person. The intellectual is the one who speaks the language people can easily understand and not the one who likes to show that he has knowledge like Prof ASARE.
PHILTY McNASTY 10 years ago
Are you kidding me. Kofi Ata is no lawyer hence he cannot out argue the prof on matters of law. Holes in his article have already been pointed out by the prof and he now wants to talk to him off the web page.
Are you kidding me. Kofi Ata is no lawyer hence he cannot out argue the prof on matters of law. Holes in his article have already been pointed out by the prof and he now wants to talk to him off the web page.
Dr Yaw Ohemeng 10 years ago
It is good that this debate is going on with much passion on both sides. We are making a mistake though with regards to discussion of the Sammy Awuku’s case. Sammy did not comment on the substance of the ongoing presidentia ... read full comment
It is good that this debate is going on with much passion on both sides. We are making a mistake though with regards to discussion of the Sammy Awuku’s case. Sammy did not comment on the substance of the ongoing presidential election petition. He only commented on a citation in court of a single newspaper, who amongst others, are thought to have gone against the orders of the court. He was not even attacking the order or inviting disobedience of the order. He cannot therefore be said to have engaged in a conduct that was an imminent danger to the administration of justice.
Secondly Sammy was not charged with contempt. In fact the Justices announced that they had stopped short of charging him with contempt. That is what makes his parading before the court disturbing.
Kofi, I am not sure your quote of the three tests under the ICPR is complete. They are rather: the interference must be provided for by law and the law must be formulated with sufficient precision to enable the citizen to regulate his conduct; the interference must pursue one of the legitimate aims of 19(3); and the interference must be necessary to secure that aim. In the case of the SC order, it has not been published and no guidance has been given to the citizenry, who are largely encountering this situation for the first time, for them to regulate their conduct. I do not also think the Judiciary will be enthused by your description that it is frail thus warranting protection from criticism.
I must also add that African jurisdictions, more than anywhere else, have the predisposition to curtail freedom of expression in favour of given protection to the authority of the courts. Two examples from Nigeria and Zimbabwe below illustrate this:
In the Nigerian case of: Atake v. The President of the Federation and Ors, Amiagolu JSC stated:
“To allow people to insult, belittle or make caricature of the courts or judges presiding therein is to expose the administration of justice to the grave danger of inhibiting the appreciation of our people of our courts, and the necessity of people confidently having recourse to our courts, for the settlement of their disputes. Against the background of a largely illiterate society any diminution of the authority and respect of the courts is an invitation to chaos and disorder.”
In In Re: Patrick Anthony Chinamasa, the Supreme Court of Zimbabwe held that the offence of scandalizing the court is reasonably justifiable in a democratic society. Gubbay CJ stated:
“Unlike other public figures, judges have no proper forum in which to reply to criticisms. They cannot debate the issue in public without jeopardizing their impartiality. This is why protection should be given to judges when it is not given to other important members of society such as politicians, administrators and public servants.”
There is also a debate whether a case trialled by Judges alone, with no jury, could be impeded by comments made outside court. It is maintained that Judges, by their professional training, should be able to ignore chatter and prejudicial statements in administering justice.
No doubt the debate will go on. This case is of such public and national importance that it will be almost impossible for the public not to comment on it. The SC should therefore specify in clear terms what it is seeking to prevent or avoid to enable all of us regulate our conduct.
Wiafe 10 years ago
Good debate so far--but we should not lose sight of the Ghanaian context.
In the first place Ghana is a weak state--so our constitution and institutions are weak. Ghana is also a near anarchic state because despite our mov ... read full comment
Good debate so far--but we should not lose sight of the Ghanaian context.
In the first place Ghana is a weak state--so our constitution and institutions are weak. Ghana is also a near anarchic state because despite our move towards democracy and the rule of law--a large section of the society is still tied to traditional law through the chiefs.
More so--large sections of Ghana operate in the informal sector--outside the rule of law.
So it is a grave mistake to use precedents and case law from foreign countries as the basis to evaluate the Ghanaian context.
In the post-9/11 world as per the revelations of Snowden--we now know that the NSA in the US collects data on phone calls and emails.
Clearly, those actions are serious limitations on the freedom of US citizens. But the context is the key.
We therefore know that the rule of law--is a good tool for civilized nations--but it is not enough to establish social order.
So while the debate is on about the rule of law (which in the current form is still an IMPORT)--let us pay attention to the Ghanaian context and whatever moral codes are there that we can appeal to help stabilize and order our society.
Democracy and the rule of law and all the other foreing imports of economic liberalization, structural adjustments, and capitalism--have not worked very well so far in Ghana or in Africa.
BOY KOFI 10 years ago
I really don't know what npp wants Ghanaians to do.Why keep your own country in hostage?Bawumia and Addison have so far not been able to prove us how the élections were rigged for Prez Mahama.Their pink sheets evidence is fu ... read full comment
I really don't know what npp wants Ghanaians to do.Why keep your own country in hostage?Bawumia and Addison have so far not been able to prove us how the élections were rigged for Prez Mahama.Their pink sheets evidence is full of rubbish.I believe their main motive of going to the court was to make our dear country ungovernable.They don't care about the tension;anxiety,fear,panic and bad image of the country.Infact,I pity npp leadership,particularly Nana Addo and his poor sense of judgement.Let npp go to the International Court of Justice and ask them to remove Prez Mahama and leave us in peace.They have attacked all the state institutions one by one.Why?Thank you.
Okonko Palm 10 years ago
It is important to differentiate between fair comments and comments meant to prejudice a case or undermine the authority of the court or administration of justice.Some of the languages used whilst the court proceeding was goi ... read full comment
It is important to differentiate between fair comments and comments meant to prejudice a case or undermine the authority of the court or administration of justice.Some of the languages used whilst the court proceeding was going was clearly mean to undermine the court process.Take for example those who should know better,attacking Justice Atuguda as if decisions made by the panel are exclusively his.People calling him the fourth respondents because he reads out the courts rulings and is his responsibility as the president of the panel to protect the integrity of the proceedings.
In the wisdom of our constitution,to shield the courts from undue interference and ridicule,the power of contempt was set forth to address these problems.You will agree with me that where you live in UK if there an important case and there is a judicial black out no media or persons will be allowed to flout it without falling fowl of contempt.
It is therefore important not to undermine the judiciary just because of political expediency.Constitutions all over the world have protections for the courts under the offense of contempt of court and Ghana is no exception.We must therefore respect the courts edits to give credence to our ongoing democracy.
Unlike the right to a fair trial,freedom of speech and expression is qualified under all constitutions and under human right laws.The picture must therefore not be created that it is absolute.Once we begin to understand that then we will be on the right path.
Whatever 10 years ago
Unfettered rights of free expression doesn't exist
Unfettered rights of free expression doesn't exist
Whatever 10 years ago
Which law in the world doesn't have limitations? Kofi Atta should have ignored that professor because nowhere in the world does unfettered right to free expression exist. The problem with NPP logic is that they always look at ... read full comment
Which law in the world doesn't have limitations? Kofi Atta should have ignored that professor because nowhere in the world does unfettered right to free expression exist. The problem with NPP logic is that they always look at a law in isolation and NOT as a whole which offers the thoroughness and incontestability required of any applied law.
Elijah 10 years ago
Very well written, Mr Kofi Ata. This is almost a clash of ideologies: Kofi Ata's article akin with the well thought through, gentlemanly approach of the British and Prof Asare's akin with the often narrow-angled gung-ho appro ... read full comment
Very well written, Mr Kofi Ata. This is almost a clash of ideologies: Kofi Ata's article akin with the well thought through, gentlemanly approach of the British and Prof Asare's akin with the often narrow-angled gung-ho approach of the Americans. However I do not agree with Kofi Ata for labeling the presidential election as inconclusive. It is disputed but was clearly conclusive and declared by the electoral commissioner as such.
What we must all recognise is Ghana belongs to all Ghanaians irrespective of political persuation and we must all treat our country as the only home we have. The justices are absolutely right to punish and deter any further contemptuous comments whilst this case is on-going. My fear is very learned people often fail to remove their "political hats" and write about this Supreme Court case with the neutrality it deserves. Even more serious is the fact that in so doing, they undermine the authority of the very institutions that they erroneously seek to protect. Does Prof Asare think NPP supporters will view the 9 judges in the same light as they did prior to reading his article? Any well-meaning Ghanaian must be busy strengthening our "weak" institutions and the Prof's article does not strengthen our Supreme Court in any way. Its no use comparing Ghana's judiciary to the USA. You may as well compare apples with oranges. The USA is a developed country with well grounded institutions, highly educated population and is over 300 years old. Ghana by contrast, is merely 50 years old, a developing country with a relatively poorly educated population. We cannot expect Ghana to do things the same way the the USA does things. Lets applaud ourselves that we are making strides in the right direction, however imperfect and keep inching forward day-by-day. One day we may be comparable to the USA. I know we can can beat them at football but that doesn't mean we must overrate ourselves and expect to at par with them in other respects.
Even the USA with their highly developed judiciary still gets many things wrong. We hear of many miscarriages of justice, the wrong people jailed or shot dead, the "accidental" non-election of Al Gore, to name but a few. The difference is people in the developed world learn to pull together in their natinal interests whereas we drift further apart, become more polarized and start destroying the little infrastructure that we have, condemning our very own institutions that we should be helping to strengthen or blatantly disrespecting authority and the rule of law in the guise of freedom of speech. Is there no freedom speech in the western world? Meanwhile start threatening to anarchy, accusing justices of partiality and incompetence or simply publicly using language that could incite people to do things that could threaten public order and see what will happen to you. You will be picked up in minutes to answer for your verbal diarrhoea.
Moses 10 years ago
"all those who criticized the judges didn't do so in good faith"
absolutely nonsense. Were you in their heads when they made their criticisms? You are an NDC propagandist, and stop hiding your paid position in this forum.
"all those who criticized the judges didn't do so in good faith"
absolutely nonsense. Were you in their heads when they made their criticisms? You are an NDC propagandist, and stop hiding your paid position in this forum.
Patriot 10 years ago
While I appreciate your appeal to fairness in dealing with the judiciary, I still believe, like Prof. Kwaku Asare that those invited by the Atuguba court are in essence, being arrested, tried and sentenced all in one bundle b ... read full comment
While I appreciate your appeal to fairness in dealing with the judiciary, I still believe, like Prof. Kwaku Asare that those invited by the Atuguba court are in essence, being arrested, tried and sentenced all in one bundle by the eminent judges but WITHOUT the due process.
The judiciary is the last hope of the people of Ghana and should not become another source of oppression, which we have had enough of already.
BOY KOFI 10 years ago
NPP can go to the International Court of Justice if they don't trust the very Supreme Court they wanted them to remove Prez Mahama.What at all is wrong with this party?They have put every state institution into dispute.WHAT A ... read full comment
NPP can go to the International Court of Justice if they don't trust the very Supreme Court they wanted them to remove Prez Mahama.What at all is wrong with this party?They have put every state institution into dispute.WHAT AT ALL DO THEY WANT?By the way,who asked them to take refuge there?Thank you.
KUTRUKU 10 years ago
Ata Kofi is NDC apologist don't mind him.
Ata Kofi is NDC apologist don't mind him.
Kwame Koramoah 10 years ago
A classic analysis. Keep it up.
A classic analysis. Keep it up.
SUMBRUNGU 10 years ago
The penchant by latter-day Ghanaian intellectuals living in the diaspora to seek desingenuously to compare systems and instutions in Ghana , a predominantly illiterate, impoverished and fragile country to those of America or ... read full comment
The penchant by latter-day Ghanaian intellectuals living in the diaspora to seek desingenuously to compare systems and instutions in Ghana , a predominantly illiterate, impoverished and fragile country to those of America or Europe with strong democratic cultures and robust economies doesn't only smack of intellectual dishonesty but also worrying. I fail to fathom what will be gained in allowing people to spew out divisive and potentially damaging info capable of tearing our country apart all in the name of some presumed concept of freedom. Maybe the advocates of this supposed unbridled freedom want us to be maimed or dead through the irresponsible and reckless staements of others or themselves before they understand that no freedom, not even the most important of them, which is the right to live, is absolute. The wayside prof. who is keen to let us know he's a been-to should spare us the gibberish.
Ghana FIRST 10 years ago
All you good educated few have made fruitful points about contempt of court in its proper context, free speech and the protection of public security about Awuku's case. But what I haven't heard many talk about is: is what Aw ... read full comment
All you good educated few have made fruitful points about contempt of court in its proper context, free speech and the protection of public security about Awuku's case. But what I haven't heard many talk about is: is what Awuku said about Atuguba or the court as being "hypocritical and selective" outside the court true or not in your individual opinions which has triggered the whole debate? Let's not deviate from the crux of the problem/issue.
crorkz 9 years ago
sRIxun Really enjoyed this blog.Much thanks again. Great.
sRIxun Really enjoyed this blog.Much thanks again. Great.
crorkz 9 years ago
JN2dwc Great, thanks for sharing this article post. Much obliged.
JN2dwc Great, thanks for sharing this article post. Much obliged.
Ghanaians remember the regime which stripped people of their properties, destroyed families and killed in the name of corruption eradication. Today, they have been found out by EOCO and the Sole Commissioner to have deliberat ...
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Freedom of speech does not mean stuff which should pass through your anus should come through your mouth.
Author: OBAA YAA
...So, the people around the president including his wife and those Team “B” staffers were aware of the president failing health. Therefore, who were they kidding when they ruin insults on whoever que ...
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In my candid opinion Sammy Awuku should not have apologized for anything as he did no wrong whatsoever to merit his hauling before Justice Atuguba's court.
Here is my take. There is a presidential election petition case goi ...
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Kofi Atta
You are obviously longing for those PNDC days where you and a few others took the law into your own hands and brutalised the populace.
I am sorry but Justice Atuguba has neither thugs nor the police to enforce his ...
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This is how far our useless university education has brought us. I thought there were intellectuals in Ghana but the action of our so called learned person leave much to be desired.
Kofi
Are you sure the learned professor is your class mate? You seem not to understand freedom of speech.
He is giving a disproportionate weighting to national security as a the reason for the judges to justify their heavy hand on free speech.
While they (the Judges) cannot ignore national security, their number one duty is t ...
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Clearly you do not understand "free speech". Are you doubting that Kofi and Asare were school and class mates? Why would he say such a thing if it were not true? Mind you he does not even need to say it in the first place as ...
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Tom Brown, is it because I do not bear any title before my name or what? I did Human Rights at postgraduate level and have full knowledge and understanding of the subject matter. I also operate in Equality and Human Rights he ...
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Kofi Atta I read your article very carefully and I agree with every point you made. It is important for the justices to exert their authority on the court case before conclusion. You have got to ignore people who without unde ...
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NPP will never agree so long as they are at the receiving end Period. Then have you ever seen NPP supporters thinking? When one writes then all will follow suit. They turn round and say others have a " herd mentality"
Why don't you tell anybody what your role in the PNDC was?
How many lives did your direct role cost?
Partisanship in all deliberations and views must be subject to the common good of the state. I am in tune with Kofi Atta in regards to this write up. Partisanship in Ghana is breeding anarchist who are shamelessly seeking th ...
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MY FREEDOM TO SWING MY FIST STOPS AT THE POINT WHERE ANOTHER MAN'S NOSE BEGINS. MY FREEDOM TO USE WORDS STOPS AT THE POINT WHERE IT BEGINS TO UNFAIRLY AND UNJUSTIFIABLY HURT ANOTHER PERSON.ATUGUBA HAS NOT ERRED IN THE SPIRIT ...
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Mark, true, your fist stops where the tip of another's nose begins BUT the comments being made on air and in print media are not so onerous or substantive as to affect the proceedings and in my humble opinion, the gagging ord ...
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THERE ARESOME COMMENTS WHICH ARE AIMED AT SOWING SEEDS OF INSTABILITY IN THIS YOUNG DEMOCRACY. GHANA HAS WEAKER INSTITUTIONS THAN THE COUNTRIES FROM WHICH ASARE CITES HIS CASES. THE QUESTION IS, IS THIS AN APPROPRIATE APPLICA ...
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Mark the SC cannot and must not be allowed to use its judicial powers to alienate individual freedoms enshrined in the constitution of Ghana. The conditions you describe are not within the remit of a court deciding on electi ...
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Mr Kofi Atta,
I believe the Supreme meant well when they brought the young man, Sammy Awuku, to court on that fateful day. However, in my humble opinion, it was a very dangerous and risky gamble that the learned judges too ...
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Mr. Ata, why don't you allow your so called friend to provide details of where he is and where he resides. You are a very dangerous friend to be publicising such information.
Kwaku Manu, please do not make false allegation against me and refer to me as being dangerous. Prof Asare's residence in the US is already in the public domain. In fact, yesterday, the Ghanaian media who reported his petition ...
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Ghana's democracy is too young and too fragile, and so inflamatory remarks must be checked no matter what. Comparisons to advanced demoracies is also disingenuous. In Rwanda and else where, what stoked ethnic violence are exa ...
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I think Ghana Bar Association must comeout and state their position whether they are in tandem with the SC ruling on Awuku or for that matter whether SC is within limits of their jurisdiction and not curtailing freedom of sp ...
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First, Kofi displays poor logic in suggesting that a person cannot make 'faithful' comments or criticism on a matter if they have personal or partisan interest in same.
Second, Kofi Ata is agreeing with the view that Atug ...
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Don't mind that Kofi Ata who comes here pretending to be apolitical and yet, all his writes-ups indicate that he supports Mahama and NDC.
And you are right in your example, I can't understand why someone can't say that Atu ...
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PK, I did not state that a person cannot make faithful comments or criticism on a matter if they have personal or partisan interest. You have misinterpreted what I said. I was making specific reference to comments and critic ...
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I agree with your analysis of the quote from Lord Denning. I do not believe for once that the supreme justices are saying that people should not comment or even criticise their rulings. I think they have even alluded to this ...
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Kofi
Your write up contains too many mistakes. I am only responding because I do not want people to read it and repeat those glaring errors.
1. Denning's reference to fair comment had little to do with fairness, as used ...
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Don't worry you fine mind on Kofi Ata, he have never had a stand on anything. Also, his write ups here suggest that he might be a "rented" author for NDC. His article is more convoluted than anything I have read here
Both ...
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I agree with you that the judges should throw the stupid petition out immediately for us to have peace of mind.After all,Bawumia and Addison have not been able to prove that Dr Afari Gyan stole the peoples' verdict for Prez M ...
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Professor Asare also known as Kwaku Azar must be a stubborn freak of nature.He claims that Kofi's write up contains too many mistakes giving the impressions that Kofi's article was misguided or wrong.In fact he failed to ju ...
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Prof. Asare, i agree whole heartedly with your response to Kofi's article.
Your petition is rightly addressed to the CJ - the issue of contempt is distinct from the election petition. Indeed if the 9 justices are to be true ...
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Azar, it's unfortunate you are in Ghana so we have resorted to arguing on Ghanaweb instead of our usual telephone conversations. We will continue the debate when you are back in the US.
1. First, let say that you are equal ...
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Why do you ask Azar to discuss this issue privately when you put this rejoinder out for public consumption yourself?
The entire premise of your article is flawed and that is what Azar sought to point out by letting you kno ...
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You do not understand the fair comment doctrine and you are arguing. Try google and stop parading ignorance.
John, I do understand the fair comment doctrine of legal privilege in contempt of court cases. It also includes among others, that the at the time the comment was made the person genuinely believed what s/he said to be true. ...
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SO CALL ON KWASI APPIAH TOO TO SUMMON ALL OF THOSE AMONG THE 25 MILLION GHANAIANS WHO COMMENT ON BLACK STARS MATCHES, ESPECIALLY THOSE NDC/NPP COMMENTS, TO GO TO THE STADIUM AND COACH THE BLACK STARS.
You become a complete animal if you use freedom without responsibility.Every man has to be responsible of the public good and responsibile for the interest of the society he finds himself.Freedom does not mean do whatever you ...
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Thank you, Kofi for your insightful piece. I hope those who are seeking to misapply the freedom of speech provisions in the constitution, will take their time to read your article.
Bravo!
Greetings, Kofi. This is just a quick note to say that whoever tried to argue with you yesterday is different from the person who writes articles on this website by that name. If that person who took on your comments in a som ...
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John, do not worry as I do not even remember all the comments. It's sad that some readers are now using names of others to abuse and leave insulting comments. It's equally unfortunate that some readers prefer not to discuss i ...
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The fact that society has been given the chance to speak freely and express their views doesn`t mean the rule of law and discipline should be ignored.
What I have observed in the developed world is that any case that is befo ...
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Kofi thanks for this piece though you have not been able to expressed yourself eloquently to silent your critics.
There is no doubt that freedom of speech and the media have limits but when, how and where the limits ar ...
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This article is well written and the debate impressive . this is what we need as a country, experts contribution. Kudos Prof Kofi Atta.
Indeed we need well-informed and well-researched discourse to both inform and educate. I particularly admire Kofi's efforts to simplify what otherwise are complex legal issues, terms, definitions and provisions so, most 'ordi ...
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There seems to be an overriding and terrifying rationale underlining the views and writings of the election petitioners and their apologists. They must win the election, now the petition, for Ghana to continue to enjoy peace ...
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MASSA KOFI, this is a well reasoned and argued article. It's significant we distinguish between what constitutes the suppression of 'Freedom of Expression' and the concerns of Free Speech bordering on Contempt of Court in the ...
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Very very good article from Mr Kofi Atta. Accessible to the simple people to understand. He proved he is a well educated person. The intellectual is the one who speaks the language people can easily understand and not the one ...
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Are you kidding me. Kofi Ata is no lawyer hence he cannot out argue the prof on matters of law. Holes in his article have already been pointed out by the prof and he now wants to talk to him off the web page.
It is good that this debate is going on with much passion on both sides. We are making a mistake though with regards to discussion of the Sammy Awuku’s case. Sammy did not comment on the substance of the ongoing presidentia ...
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Good debate so far--but we should not lose sight of the Ghanaian context.
In the first place Ghana is a weak state--so our constitution and institutions are weak. Ghana is also a near anarchic state because despite our mov ...
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I really don't know what npp wants Ghanaians to do.Why keep your own country in hostage?Bawumia and Addison have so far not been able to prove us how the élections were rigged for Prez Mahama.Their pink sheets evidence is fu ...
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It is important to differentiate between fair comments and comments meant to prejudice a case or undermine the authority of the court or administration of justice.Some of the languages used whilst the court proceeding was goi ...
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Unfettered rights of free expression doesn't exist
Which law in the world doesn't have limitations? Kofi Atta should have ignored that professor because nowhere in the world does unfettered right to free expression exist. The problem with NPP logic is that they always look at ...
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Very well written, Mr Kofi Ata. This is almost a clash of ideologies: Kofi Ata's article akin with the well thought through, gentlemanly approach of the British and Prof Asare's akin with the often narrow-angled gung-ho appro ...
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"all those who criticized the judges didn't do so in good faith"
absolutely nonsense. Were you in their heads when they made their criticisms? You are an NDC propagandist, and stop hiding your paid position in this forum.
While I appreciate your appeal to fairness in dealing with the judiciary, I still believe, like Prof. Kwaku Asare that those invited by the Atuguba court are in essence, being arrested, tried and sentenced all in one bundle b ...
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NPP can go to the International Court of Justice if they don't trust the very Supreme Court they wanted them to remove Prez Mahama.What at all is wrong with this party?They have put every state institution into dispute.WHAT A ...
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Ata Kofi is NDC apologist don't mind him.
A classic analysis. Keep it up.
The penchant by latter-day Ghanaian intellectuals living in the diaspora to seek desingenuously to compare systems and instutions in Ghana , a predominantly illiterate, impoverished and fragile country to those of America or ...
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All you good educated few have made fruitful points about contempt of court in its proper context, free speech and the protection of public security about Awuku's case. But what I haven't heard many talk about is: is what Aw ...
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sRIxun Really enjoyed this blog.Much thanks again. Great.
JN2dwc Great, thanks for sharing this article post. Much obliged.