THE ‘IMPARTIAL’ RULING OF A ‘PARTIAL’ JUDGE

To Daniel, God is the upright judge. Certainly, there is none that holds the truth and nothing but the absolute truth resides with Him alone. Unfortunately, humans, in our mortal existence are confronted with diverse issues that require determination of the truthfulness or otherwise. In all these circumstances, we pretend to seek for nothing but the truth. More often than not humans massage the truth mostly in an attempt to project a particular course or aim!

Democracy, today, is touted as the best form of government by many. To me, this goes to confirm that school of thought that in the midst of the worst things, the worse is always the best. One understands this assertion especially when s/he takes into cognisance the woes of some countries which are rated highly on the democratic pedestal. Oh yeah, I hope you know democracy is not just the 'peaceful' change of government through the ballot box. It goes far beyond that. For me, anytime I hear democracy being nicknamed as “The Best” form of government, only three understandings come to mind: development, development and development. But is that what we see in Ghana and in many other places where the foundation of democracy is hyped as being firmly rooted? Has democracy not been reduced to the mere media freedom which in most instances warrants the doling out of largesse to the so-called senior journalists who will splashed the front pages of their tabloid newspapers lauding the democratic tendency and perceived development-oriented agenda of their pay masters? Oh yeah and we have those we call human rights advocates! Hahahahaaaa. Advocates, indeed! They only remember they are advocates when the rights of some sections of the populace are trampled upon.

One wonders why transparency, justice and accountability to one's people can't be found in our national transactions. I hope you know that the mere trumpeting of these 'cliché' by some individuals does not convince you to think that they are better at respecting and projecting these principles than the culprits who have dumped these essential prerequisites in any meaningful leadership engagement.

Despite it is not over yet, the date Wednesday, 19th September, 2012 marked not only a significant but a memorable day in the democratic dispensation of Ghana. The brouhaha about the creation of forty five constituencies by the Electoral Commission which will be used in the impending national presidential and parliamentary elections had what is generally christened the Series of EC's Legal Battles. The adrenaline levels of many especially those for the creation increased to unimaginable levels taken into consideration rulings of the courts in recent past. My oh my!

In the morning of the above date, many politicians, political watchers and lovers of politics were in a dilemma as to what will be the outcome of the nation's highest court's, the Supreme Court, ruling.

To many, the fate of the December, 7th elections this year especially with reference to the audacity to be felt by the EC rests on this day's ruling. Another intriguing aspect of the whole “show” was when another lawyer who was for the creation filed another case at the Supreme Court in the morning of the same day asking the Court not to hear the case in which opponents of the creation of the constituencies are asking for an injunction to be placed on parliament preventing it from sitting and subsequently passing the constitutional instrument (CI) creating the constituencies, CI 78.

No sooner than later, the judge was ready with his ruling on which political watchers tag as the fate of the “All-Die-Be-Die” elections. Injunction or no injunction remained the questions on the lips of many. He finally pronounced his ruling and as common sense and perhaps precedence will have it, a country which is praised for its stable democracy must not be seen trembling with the foundation of what she is praised for. He threw away the application for the injunction.

This is a matter in which everyone accepts that the EC is constitutionally mandated to do so. The issue of the duration to the elections being short is the most talked about by those against the creation. Certainly, this is a fact. Interestingly though, the chief organiser of the election, EC, says that's no challenge. This is what baffles me. Is it that the main opposition, the New Patriotic Party (NPP) benefited from the creation of the thirty constituencies which was done when it was in power and hence are suspicious the ruling National Democratic Congress (NDC) will do same? To even make matters more intriguing, those against the creation are seen vigorously campaigning as parliamentary candidates in the yet-to-be created constituencies. What a world we live in! Another source of the confusion is that despite the NPP says the time limit to the elections is short and hence it will be too much of a challenge to organise parliamentary primaries to elect candidates in the to-be-created constituencies, their candidates in some of the existing constituencies are now being elected. What a world we live in!

I can't also forget that claim that there is not much money to be used on the new law-makers should the constituencies be created. Yeah, that's explicit. It's a fact. The issue of unemployment, lack of potable drinking water, diseases and the gulf of difficulties which have entangled us as a nation are still with us today but what do we see! Ain't we in this state before we, as a people, have legalised the payment of unimaginable and unthinkable amounts to be chopped by few in power and also use gargantuan amounts to pay peanuts which have accumulated over the years, the so called judgement debts? Do you remember the most used word in Ghana in the year 2009 – Ex gratia? What about the on-going astronomical salary increment of the current MPs? Certainly, our democracy needs a reform. We need democracy but it must be adjusted to suit our existence as a people; one that is geared towards bettering the generality of the people and not those in power and their cohorts at any particular time.

The main question now is will the partial judge be impartial in the determination of the substantive case which seeks to prevent the EC from embarking on the creation of the proposed constituencies come next month? We are in the hands of time!

Let's work for the betterment of humanity at all times for remember your thought today can make the world better tomorrow. Think about it!

Lawer Egbenya.
([email protected], www.danielegbenya.blogspot.com )