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Prof Atubuga: An Intellectual Research Or Political Mischief?

By Adomba, Graceland
Opinion Professor Raymond Atuguba
FEB 21, 2018 LISTEN
Professor Raymond Atuguba

Professor Atubuga is a Law Professor at the University of Ghana Law School. Recently at a forum at the GIMPA Law School which was well attended by several Judges- including those of the Supreme Court; Atubuga in a speech, alluded to a Research of his that suggested that in ‘Political Cases’, Judges Appointed to Ghana’s Supreme Court, were more prone to declare Judgments in favor of the Presidents who appointed them and their Political Parties. My write-up is to expose the real intentions of Atubuga for his so-called Research. He did assemble some facts- yes. But why he assembled those specific facts, his analyses and his conclusions make what he did a Partisanned Political Propaganda Statement, calculated to humiliate the Justices of the Supreme Court and undermine the Justice System of Ghana. What he accuses the Justices of; he is the most-guilty of. He is an irredeemable Political Propagandists whose political colors are the most important to him!

Since the Justice System is one of the pillars of a nation; we ought to be extremely careful and much sober in how we address even the obvious ills of such an institution. Atubuga should know that it is distinctly possible to have a political party made up of crooks and gangsters. They can form the majority in a nation and win an election. They must govern. This is part of the failings of all the institutions of men- including the Church. In criticizing such institutions therefore we must always be careful 'not to throw away the baby with the dirty bath-water'.

People's Political Orientations are determined by so many more Fundamental Human Drives like: Religion; Environmental Factors; Traditions & Customs; Gender; Economics; Social Norms; Education; Historical Realities; Exposure like Travel; Technology; Etc. What constitutes the World-view and philosophies of people are shaped by these fundamental drives. Human Beings are very complex. And it would be the height of naivety to use only the factor of Political Appointment to explain people’s preferences and judgments. Sometimes two people from two different political parties may have more in common than two people within the same party.

What formed the basis of his sample? His biases did. What premise did he launch the research from & why? He is a political appointee of just the previous administration. So he is a political animal himself. What makes him different from the Judges he claims are 'Politically wired'? If he Atubuga can do a professionally objective Research- why does he think others can't? What he denies others in his jaundiced research- he wants others to give him abundantly. This is dishonesty and dishonorable.

Is Atubuga from Mass or Hell? Why does he think others are incapable of what he wants us to believe he is capable of? If he can be objective in spite of his political inclinations, why does he not credit others with same? This is childish and devilish. His mindset takes away from his integrity and any academic pretensions he wants to sell.

Prof Atubuga was a member of the last government. Does that mean he is imposing his political partisanship on his students? If he is not doing that, why does he accuse the Judges of doing so? If he is doing that, why does he accuse others of following his example? There is no Perfect Governance System anywhere. The Basic Law of any human-friendly research must be that: 'There is no Perfection amongst men anywhere'. His research sets the tone for Anarchy. Such research, if well intentioned, must be accompanied by superior alternatives for it to be beneficial to society. Now he had 100 cases. The supposed 'Partisan-ones' account for just about 40%. What happened to the remaining 60? Atubuga's Research is not academic; it is motivated by his political fears. It is part of the grand design of the NDC to undermine the integrity of the State of Ghana!

Of course there are people who will always want to believe anything. It is their right. His devotees claim his was an empirical work. What do they mean by 'empirical'? Empirical means 'Authentic & Verifiable Sources'. Who tells Atubuga that without being appointed by the governments, these Judges would have had different opinions from that they held in their rulings at the Supreme Court?

Almost everything in Ghana can be political. So what does he mean by 'Political Cases'? If you have succeeded in telling Ghanaians that ‘Judges are politically biased’; how can you disabuse the mind of someone who lost a case involving a piece of land, that the Judge was not politically motivated? Atuguba's Research therefore undermines the credibility of our Justice Delivery system. It is anarchical; it is diabolic; it is insensitive to our current socio-political 'tensions'. Period!

So before these judges were appointed to the Supreme Court, what informed their Judgments over the years they served as Judges within the Courts’ Hierarchical System? Please remember that Atubuga's uncle or even social-father- is a Senior Member of Ghana's Supreme Court- whose ruling on the Electoral Petition Case of 2013, was railed against by the Ghanaian Opposition. So it could be that this Prof Atuguba is giving us insider knowledge of his own uncle's Judgments. Is this Research meant to expose his own uncle? If he is so bold as to ‘confront’ Ghana with his Research, could he not have ‘given’ his uncle some counsel at home? But even if this is true of his uncle- can he extend it to all other judges? Is he harboring some fears? What are those fears that he would want to ‘attack’ Supreme Court Judges in such a crude manner, in the name of an Academic Research?

Justice Emile Short was appointed by Rawlings as the Head of CHRAJ. His conduct in office had little to do with any partisanship. If he had been appointed to the Supreme Court, Atubuga is telling us that he could not have retained his integrity?

Some of the fanatics of Atubuga are throwing tantrums at those who question this so call Research. But Atubuga's attacks on the Judges are warranted- right? You begin from the premise that Atubuga has done a genuine Research. Has he? A Judge who listens to all the sides of a case, distills them through the Law, and then passes a Judgment. Atubuga discounts with this Judge’s Academic, Intellectual and Legal work. And then he launches a scathing attack on the Judge’s integrity. He goes on further to impugn and malign his standing as a Fair Judge. And when such an Arrogant and Disrespectful man's nation-wrecking enterprise is exposed for what it is, you rise to his defense?

Well even the Devil had his comrades in his rebellion against God. Let Atubuga tell us how Fair Judges must be appointed; and we will teach him how Fair Law Professors must be appointed to teach Law to our children in the universities. If one uses his knowledge to undertake a Research that will undermine the stability of his nation; his education is WORTHLESS! And there are so many of such WORTHLESS ACADEMICS all over the world. It is not for naught that the USA uses about the same process to appoint Judges to the Supreme Court as Ghana does (in fact we learnt from them). This is a Democracy that is over 250 years old. Their Governance Systems have endured the weather and proven to be among the best man could evolve.

When Jerry Rawlings for over 20 years was the appointing authority- that was OK- right? When all the Supreme Court Judges were Rawlings' Appointees that was OK for your brand of Academics- right? Let us humble ourselves and contribute our bits towards climbing out of our ‘Shit-Hole’.

Next time, Atubuga should begin his Research from 1981 and look at all Supreme Court Judgments. His sample is too suspicious. What informed the sample he selected? Why did he do that? This is not an academic work. It’s one of the several NDC Propaganda efforts to throw Ghana into an anarchical state- with the intention of ‘insulating’ themselves from the several Corruption Prosecutions awaiting them in the Courts. Why is it that several NDC supporters have jumped to his defense? “Assembling Facts may not be the problem; Drawing the Right Conclusions Based on the Facts, is what separates the Patriots from the Pretenders”. Is Atubuga a Patriot or a Pretender?

Finally I may want to call the attention of my readers to the timing of the release of his ‘Research’ Findings. Just when the Honorable Citizen Vigilante was being processed to mount the Seat that will enable him to Prosecute Political Criminals and instill the needed ‘Fear of God’ to some.

May God spare those who are quick to throw people into Prison for stealing cassava and plantain; but will rise to the defense of Political Criminals who have reduced Ghana to a beggar nation. God will deal with you all- ‘Flamboyant Nation Wreckers (FNW)’. God Bless Our Homeland Ghana!

Adomba, Graceland

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