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01.09.2014 Feature Article

Down Memory Lane

Down Memory Lane
01.09.2014 LISTEN

'He who thinks he is leading and has no one following him is only taking a walk'—Malawian Proverb.

Last Friday marked the first anniversary of the Supreme Court's ruling on the historic presidential election petition brought before it. Contrary to fears prior to the verdict, nothing untoward happened after the verdict was delivered. The victors gleefully exhibited their azonto skills to crown their success, while the losers gracefully accepted defeat; though vehemently disagreeing with the judges. One thing was however clear; many neutrals, especially those from the international community, took the ruling with a pinch of salt.

I had the occasion to tell you about my sixth-form classmate Humphrey Agingo. I would repeat the dose here because a blacksmith always hits the spot he wants straightened.

Humphrey was a very smart student, but naughty by all standards. He wore shirts of any colour except blue, the school's prescribed colour. And all his trousers were just below the knee and very narrow at the base. The style was then known as 'the hanging base'.

He was once punished by the senior housemaster for one of his numerous naughty-boy adventures. His punishment was to weed a plot of land and burn the rubbish. He quickly went for a cutlass and a box of matches and rushed to the spot. But the naughty boy that he was, weeding was the last thing on his mind. Taking advantage of the dry harmattan weather, he set fire to the bush. Before long, the entire bush had turned into ashes.

When the senior housemaster later went to inspect the work, he realised to his chagrin that Humphrey Agingo was trying to be smart. He then asked, 'Humphrey Agingo, is this not bush burning?' Humphrey replied semantically, 'No Sir, it is rubbish burning.'

Humphrey, who is now a lawyer in the US, defeated the senior housemaster in the battle of word-gymnastics and was allowed to go scot-free. I've since never doubted the power of words and the use of semantics.

I liken Humphrey Agingo to Electoral Commissioner Dr Kwadwo Afari-Gyan. After refusing to heed good counsel and naughtily organising a charade of an election, some people felt cheated and went to court to seek redress. He was expected by all to be neutral by being truthful to the court. But the 'naughty' commissioner that he was, being neutral was the last thing on his mind. He emulated Humphrey Agingo and engaged in semantics.

One of the most contentious issues we witnessed during the election petition hearing was the definition of 'over-voting'. Before the 2012 polls, what our rabbit-like ears heard from Dr Afari-Gyan was the insistence that when ballots in the box exceeded ballots issued, even by one vote, the results of that polling station would be cancelled. But when he sat in the witness box, he semantically gave us a 'classical' definition of the term. He said the classical definition of over-voting is when ballots in the box exceed the number of people in the register.

Even I, a poor boy from Salaga without any legal training, would not fall for such a bizarre definition. Shockingly, however, some very learned justices of the Supreme Court did swallow Afari-Gyan's bait. One of the judges was so hoodwinked with the classical definition that he semantically defined over-voting as 'ballot-stuffing'. The net effect of Afari-Gyan's 'classical definition' and the judge's 'ballot stuffing' is that an incompetent man was invalidly validated as the validly elected President of this country. So, you see, even presidential thrones are sometimes won through the use of semantics.

My favourite part of the proceedings was when Dr Afari-Gyan sat in the witness box. It was interesting to see 'almighty' Afari Gyan sweat like a pregnant fish. That humbling experience for him was enough consolation for some of us. Indeed, I could hardly contain my delight when the 'Finger of God' poked his eyes on the 46th day of the trial.

Philip Addison, lead counsel for the petitioners, was a true marksman by all standards. Every shot of his was made with such accurate precision. Unfortunately, some who listened to the sound of the drum did not understand the message. Though on the losing side, he has left an indelible imprint in the minds of many. Is it any wonder that even the victors do not hesitate to proclaim his competence, finesse and bravado?

As for the accusations that the ruling was bought, I leave that to the judgment of all those who watched the proceedings. It's difficult to make a definitive statement on the allegation because one has no proof to back the claim.  Wait a second! Can one easily discard Sister Vicky's allegation that Nana Oye covertly played a role in the respondents' victory? Hmmmm!

Believe me, the truth always finds a way to come out. It is one of the fundamental truths of time. And when it does, it can either set you free or destroy everything you fought to build on falsehood. For sure, the truth cannot be suppressed forever.

See you next week for another interesting konkonsa, Deo volente!

From Agya Kwaku Ogboro

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