The dastardly attempt by some of the executive operatives of the main opposition National Democratic Congress (NDC) to have a Tema High Court Judge, by the name of Justice Nyante Nyandu, if memory serves yours truly accurately, impose an injunction on a workshop that was scheduled for the training of Directors and Deputy-Directors of Ghana’s Independent Electoral Commission (IEC), could not have been more criminally absurd (See “NDC Reports EC to CID for Holding Workshop on New Voters’ Register” ClassFm.com / Ghanaweb.com 4/27/20). This is rather peevishly criminal because when on June 30, 1982, then-Chairman Jerry John Rawlings, Head of the Provisional National Defense Council (PNDC) junta, and his cousin and National Security Chief, Capt. Kojo Tsikata (Rd), ordered the barbaric and summary abduction and savage execution of the three Akan-descended Accra High Court Judges, namely, Justices Cecilia Koranteng-Addow, Kwadwo Agyei Agyapong, and Frederick Poku-Sarkodie, the ideological antecedent of the present-day National Democratic Congress (NDC) served an unmistakable notice that it was absolutely not bound to respect any decisions delivered by the judicial establishment of the land.
We must pointedly highlight the grim and stark fact that the sole crime for which the martyred judges had been sentenced to death by Mafia-style execution, as the Azu-Crabbe Commission Report noted in no uncertain terms, by Chairman Rawlings and his cousin and National Security Chief Kojo Tsikata, was that the slain judges had reversed the Kangaroo-Court Decisions handed down by the Armed Forces Revolutionary Council-established Military Tribunal that had summarily stripped dozens of Ghanaian citizens and entrepreneurs of their honest and legitimately acquired properties and bank accounts (See The Special Investigations Board (SIB) Report that was published by the Azu-Crabbe Commission). We must also quickly point out that but for the summary abrogation of the Supreme Court by an edict from the IK Acheampong-led Supreme Military Council (SMC-I), all three slain judges would have been of the rank of Supreme Court Judges. Since June 30, 1982, the leaders of the erstwhile PNDC, presently renamed the National Democratic Congress, have been routinely riding roughshod over decisions handed down by the Judiciary Branch of Ghana’s postcolonial political culture and establishment, including definitive decisions handed down by the highest courts of the land, namely, the High Court, the Appeals Court and the Supreme Court of Ghana.
In the most globally scandalous case of Okudzeto-Ablakwa & Omane-Boamah Vs. Obetsebi-Lamptey, involving the legitimate purchase of state-owned property, following a flagrant precedent set by the leaders of the National Democratic Congress, as the Supreme Court poignantly noted, the plaintiffs, that is, Messrs. Okudzeto-Ablakwa and Omane-Boamah, flatly refused to immediately return landed and real-estate properties illegally confiscated from the extant National Chairman of the extant main opposition New Patriotic Party (NPP), Mr. Jake Otanka Obetsebi-Lamptey, late. The plaintiffs who were also the obvious surrogates of then-President John Evans Atta-Mills, would be staunchly and imperiously backed in their criminal scofflaw stance by the former Professor of Law at the University of Ghana, the country’s foremost flagship academy. And then not very long ago, in the runup to the 2016 general election, former President Jerry John Rawlings, in flagrant cahoots with the dynastic General-Secretary of the National Democratic Congress, Mr. Johnson Asiedu-Nketia, would literally withdraw the parliamentary candidacy of the extant incumbent NDC-MP for the Klottey-Korley Constituency, in the Greater-Accra Region, and have Mr. Rawlings’ eldest daughter, Dr. Zanetor Agyeman-Rawlings, at the time not a dues-paying active member of the National Democratic Congress, or even a known resident of the Klottey-Korle Constituency, piratically represent the latter constituency on the ticket of the National Democratic Congress.
An Accra High Court Judge would rule against Dr. Agyeman-Rawlings; however, Chairman Rawlings would quickly take his daughter’s case to the Supreme Court of Ghana and quickly rally some cowardly and feeble-minded Supreme Court Judges to shamefully rule in favor of the Rawlingses. And then in the equally globally scandalous case of the Montie (Three) Trio, involving some NDC’s media propagandists who had publicly threatened to sexually violate then-Chief Justice Georgina Theodora Wood, as well as dismember some Supreme Court Judges known to be in control of their own minds and not blindly hew to the dictates or Mafia line of the key operatives of the National Democratic Congress, the then-President John Dramani Mahama would shamelessly and disdainfully use his executive powers to deliberately and flagrantly overrule a decision by the highest court of the land. This, in essence, is the scofflaw relationship that has existed between the self-styled “radical revolutionary leaders” of the National Democratic Congress and Ghana’s Judicial Establishment. Now, the logical question that immediately arises is as follows: Whatever happened to the sacred and wholesome principle of checks and balances that ought to differentiate functional, civilized constitutional democracies, namely, the balance of power that routinely regulates the Executive, the Legislative and the Judicial arms of all democratic governments, from benighted monarchies and junta dictatorships around the world?
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By Kwame Okoampa-Ahoofe, Jr., PhD
English Department, SUNY-Nassau
Garden City, New York
April 28, 2020
E-mail: [email protected]