Audio By Carbonatix
I am still unable to fathom why the many people commenting on the unavailable judgment on the election petition just cannot wait a little while. The question really is, what are these people criticising? You cannot put something on nothing, you know. It is worrying to hear and read comments by people who ought to know better but for uneducated or mischievous political propaganda, are interpreting what I don’t know and making absurd conclusions.
Sorry, I can’t help but be this blunt and a bit uncharitable in my choice of words. So soon, we seem to be taking the peace of the country for granted and quite frankly, misbehaving. Tsatsu erred in his unsubstantiated open attack of Justice Anin Yeboah. His comments, and to a large measure those by Gabby, have been roundly condemned by right-thinking, fair-minded Ghanaians who refuse to join the useless blind political loyalty game that sees no wrong when an obvious wrong is committed by their members.
Illogic No.1: Floodgates for impunity or what?
It may be okay to suggest it has opened the floodgates, but should that mean an endorsement of further wrongdoing? Those already fouled in this regard should either proceed with evidence to the channels of complaint to assist to get rid of bad judges or they should retract and apologise. It is like saying it is no longer criminal to commit fraud because your opponent has committed same or similar offence, and perhaps got away with it.
The new industry now so loudly led by senior lawyers like Kwadwo Owusu-Afriyie is illogical and unacceptable. So let the wanton disregard for due process and impunity in the name of needless and dangerous political equalization, stop. This phenomenon must not be allowed to erode confidence in critical state institutions like the judiciary. Our gild – the Ghana Bar Association has intervened with a reminder to all members to conduct themselves professionally by declining commentary on the judgment or waiting to study it and later help educate the populace about the reasons for outcome, or exercise their inalienable right to criticise it based on sound legal principles.
The caution is in good time and I trust the GBA to keep its promise to refer those who will continue to act in ways in breach of the code of ethics to the General Legal Council for the appropriate sanctions.
Illogic No.2: Judicial blessing for electoral irregularities?
Some people sympathetic to the cause of the petitioners have been preaching since the judgment that the outcome is a clear judicial blessing by the apex court of the land for chaos in future elections. By their logic, the court’s dismissal of the petitioners’ claims of over voting, voting without biometric verification and absence of presiding officers signature means these are no “violations, malpractices, omissions or irregularities”.
They conclude and contend so very forcefully that the court is saying over voting etc are no infractions of Ghana’s electoral laws. They conveniently ignore the other and most important leg of what was before the court for determination which is whether or not if these occurred, they had a material or significant effect on the outcome of the 2012 presidential elections. Again, why the rush to inflict yourself with such analysis and conclusions? What would you do if you find later that those judges who dismissed these claims rather agreed with all three Respondents that Petitioners failed to prove those claims?
I doubt if many of those shouting on radio over these matters have, in the first place, actually read the addresses of both sides. Or is it their case that all judges were obliged to take only the views and arguments of petitioners’ counsel because only they had the true facts, impregnable evidence and superior arguments? I dare say that while the petitioners had a seminal address of 176 pages, over 60 or 90 legal authorities, with equally voluminous annexures, and that was a good job by a party who had the legal burden to prove their case.
It is a deceptive lie or sheer ignorance to suggest that counsel for the Respondents did not (in the trial and their addresses – three separate addresses) mount an equally formidable defence capable of assisting/swaying the majority of the judges. I have read each address more than twice and I invite you to read them. They should assist your appreciation of the various positions taken by the judges while you await the judgment for an even better understanding of the dynamics of the outcome.
The Judges took an oath to do justice to all manner of persons without fear or favour, ill will or affection. Let’s trust them to keep to their oath for which they shall ultimately account to the ultimate Judge up above. In the meantime, we must also choose to assist the Chief Justice get rid of errant judges by providing evidence of professional misconduct using the appropriate available channels of due process of complaint.
I say this to all, that letting the excesses pass, is letting our dear country and posterity down big time.
By Samson Lardy Ayenini – Barrister and Solicitor of the Supreme Court of Ghana
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