GOING TO THE SUPREME COURT -THEN, NOW, AND AFTER (Part 1)

This piece does not seek to provide a synopsis of what conspired to give birth to the New Patriotic Party (NPP), the leading opposition party in Ghana, going to the Supreme Court. This is a common knowledge to all Ghanaians and will always remain part of our cherished history. This article is about the lessons that can be gleaned from the in-and-out issues that came to the fore before, during and importantly what we can do as a nation, as we anxiously wait for the decision of the Supreme Court.

To begin with, high profile individuals in the NPP namely Mr. Kwame Pianim, Dr. Wereko Brobbey and covertly Dr. Arthur Kennedy condemned the NPP for going to court to reverse the declaration made by the Electoral Commission headed by Dr. Afari Gyan in pursuance of its (Commission's) constitutional mandate.

In a February 2013 interview with US based magazine, Africawatch, Mr. Pianim condemned the NPP's presidential election petition describing the action as 'Intellectual and mental laziness' and 'confused'. The renowned economist has however come out recently to deny his earlier comments, saying; 'I didn't say that' on XYZ FM, an Accra based radio station.

Surprisingly the Economist Intelligence Unit which in its March Report 2013 run down the Election Petition by describing it as exhibiting 'lack of alleged evidence of systematic malpractice.' has also made a U-turn in its June Report to predict that the Supreme Court hearing the 2012 Presidential Election petition 'will certainly find issues with the vote.'

The afore-mentioned cases indicate individuals and institutions erred in their assessment of the whole petition exercise. It is good that people have begun to shift poles and have gone back on earlier stance however opinionated they had been.

It is refreshing to read from the same June Report of the EIU that the Election Petition has the strength to undergird our democracy if guarded carefully. This assurance however came not without a strong proviso, 'Under this scenario, the EIU predicts that 'Ghana could build on its democratic record, as it is unprecedented for an African court to find against an incumbent president in an election dispute. Nevertheless, a new election would be tense as the widely publicised court case has appeared to polarise views.'

The decision taken by the NPP to go to the Supreme Court must be commended by all peace-loving people. Recently some prominent men of NDC have come out to praise the NPP for going to court. It is sad to note that some people who claim to believe in democracy protested vehemently against the election petition. It is hard to fathom why these so-called democrats will frown upon this decision of the NPP to go to court when we all know that the reverse of this decision would have arguably led us on the path of Rwanda. . Whichever way the verdict goes, democracy and Ghana for that matter will win and our democratic credentials will be held aloft.

The importance of the third arm of government has been brought to the attention of all Ghanaians. Because Ghanaians have witnessed military takeovers characterised by the frontrunners and the rank and file of the junta running their own show with scant regard for human dignity, we tend to fear heads of state in military uniform. This same fear and in this era of democracy, a little respect has been transferred to the Presidency which bears a close affinity to the head of a junta but this time round under a more dignified dispensation. The second arm of government namely the Parliament has also seen its fortunes brightened in this era of democracy. The importance and critical role of the Judiciary in our democratic dispensation has been obscured and shrouded in near oblivion.

The Election Petition has actually kindled our respect for the Judiciary and I will say that judges in Ghana should be the first group of people to appreciate NPP for taking their case to them at the highest level.

The nine-panel Supreme Court judges led by Justice Atuguba have done a good job. So far (before final decision) they have been fair, unbiased, and objective and it is the hope of all Ghanaians that at the end of the day their verdict will exhibit the same diligence and fairness they have shown.

They have stamped their authority on the political landscape by reducing Ken Kuranchie, silencing Atobiga, and chickening out the right honourable Sir John otherwise known as Lawyer Kwadwo Owusu Afriyie and promoting the level-headedness of his colleague Lawyer Ayikoi Otoo. Justice Atuguba has shown to all Ghanaians that judges do not wield their gavel for nothing. They have put the fear of God in our bosom and our coconuts have been properly screwed up on our torso. Now Ghana is experiencing a deafening silence. The general of all generals, General Mosquito has now gone to political hiatus and is now minding his own business.

The media in all its shades has been kept quiet and nobody wants to talk about the Supreme Court for fear of been convicted of contemptuous offence. This is what the Supreme Court can do. All these have played themselves out in the course of the Supreme Court drama, courtesy of the NPP.

One thing that baffled me throughout the proceedings was a particular statement that the honourable presiding judge, Justice Atuguba used to make. This is just an observation and I hope I will not be called before him for being contemptuous. On many occasions when delivering a decision the honourable judge will end by saying ' I don't know'. This statement was made more than ten times and the records can be verified. I hope that, that refrain will not be repeated especially on the final day.

After the much brouhaha of the Supreme Court drama, the benefits of this petition cannot be lost on us especially what can be reaped for years to come in out moot courts and for academic exercises. Most of our learned lawyers were ignorant of many of the things that happen in the SC until this petition. No wonder prominent lawyers went to the SC and made mess of themselves and their renown which had been touted over time was dragged in the mud. The lessons are many and our law students and all who follow legal issues will have much to ponder on.

TO BE CONT.
Author: Mike N. Apraku
E-mail: [email protected]