
Audio By Carbonatix
CAN I RANT?I was a much younger practitioner then. I was in the Koforidua High Court to argue a contempt application. I was in full flight argument when a tall lawyer came to sit beside me, and offered to pass my books to me as I argued. He guided me through my arguments. When I sat down, he shook my hand, asked my name, smiled and said, "young man, you are a fantastic advocate; but you will lose this application." [I will not and cannot repeat what else he told me.] I lost.That was Kwasi Anin Yeboah. We became very good friends. He loves Civil Procedure and so did I. We have spent countless hours in his office, debating the finer points of Civil Procedure. Later, after having been proposed by the Bar Association (a rare honour) he joined the bench at the High Court, and got quickly elevated to the Court of Appeal and then to the Supreme Court.I trust my Procedure. But if there is one person who can whip me in procedure (with his right hand tied to his back) it is the man I call "Mr. Procedure" or "His Lordship AY." Later, he came to teach Civil Procedure with me at the Law School. I quit, but he still teaches. And yes, I thoroughly dislike the way he enjoys ruling against me when I appear before him. He will then call me into chambers and laugh at me well and proper.The attack on his integrity is silly, poorly-reasoned, illogical, plainly wrong and baseless. Yes, he was elevated to the SC under the NPP government. And so what? So were 5 other judges who sat on this case, namely Ansah, Adinyira, Owusu, Dotse and Baffoe-Bonnie JJSC. Only 3 of the judges who sat (Atuguba, Akoto-Bamfo and Gbadegbe JJSC) were appointed under an NDC government. We all know how the votes panned out in the final analysis.How can you accuse AY of bias when he actually voted for the Respondents on 3 out of the 6 issues? Was he biased then? And the record will show that he refused to declare Nana Addo as president, arguing that no one deserved to be declared as such on the basis of such palpably flawed elections. Is that bias? Was he also biased in the numerous instances when the court voted unanimously to uphold the Respondents' objections/interlocutory motions or overrule the Petitioners' objections/interlocutory motions.Why not attack Ansah and Owusu JJSC who were also elevated under the NPP and also voted the same way as AY? What about Dotse and Baffoe-Bonnie JJSC who were elevated under the NPP but whose votes swung one way or the other?And until this unwarranted attack, it hadn't even occurred to me that all of the 3 judges who were appointed by the NDC (at various times) voted for the Respondents on all of the 6 issues!Some things are just wrong, plainly wrong. Gold should not and cannot rust, unless, of course, once again, I am mistaken. WHAT do I know?
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