FEATURE: And The NDC Roars (3) The Lawless Calling The Law Lawless

NDC Calling Judgments Against Them, Wrong Judgments

Is it that, pro-socialists do not understand what the law is all about?

In 1963, the Supreme Court trying those accused of the Kulungugu bombing, came out with its verdict. Three of the five accused, who where high ranking party and government officials of the CPP, were acquitted and discharged, while the remaining two who belonged to the United Party were convicted of the crime of attempting to kill the president.

For some reason, Kwame Nkrumah became so upset and rushed to Parliament, to pass a law that would permit him to not only set aside judgments from the courts, but to also dismiss from office, at his discretion, any judge who made a judgment that did not please him. The first Ghanaian, Chief Justice, Sir Arku Korsah, and Justice William Van Lare, were removed from office. Others to follow, on March 2, 1964, were Justices Edward Akufo-Addo, (who was one of trial judges in the Kulungugu treason trial), Kofi Adumua Bossman and Robert Samuel Blay.

On March 16, 1964, Justice Henry K. Prempeh of the High Court was also dismissed by Nkrumah.

These actions of Kwame Nkrumah were never considered an attack on law and justice in Ghana, however, when on April 20, 1970, Busia said, “no court, no court” could force him to work with anyone, in reaction to the decision of the court to make him re-engage people he had dismissed from office in accordance to an existing law, to this day, the fine Prime Minister is said to have been disrespectful to the courts and the law. Nothing is ever said about Nkrumah and the judges.

In 1979, during the June 4 era, Rawlings constituted kangaroo courts, or tribunals, which passed judgments on the accused before they even appeared in court. Ridiculous number of years of jail sentences were dished out to people, who were later set free in competent courts of jurisdiction, during the Third Republic.

When Rawlings came back in December 1981, things turned worse for law and the judiciary in this country. On June 30, 1982, three judges, Cecilia Koranteng-Addow, (a nursing mother); Poku Sarkodie and Kwadwo Agyei Agyapong, who found those jailed under the AFRC, innocent and thus released them from jail, were abducted and killed. Even though, evidence was leading to Rawlings and Capt. Tsikata, as those who ordered the killings, the tribunal suddenly stopped proceedings and found the small fish in the matter guilty and had them executed.

On December 19, 1993, Rawlings and the NDC served notice that they will celebrate the December 31, 1981 Revolution which overthrew the constitutional government of Hilla Limann. The NPP took the matter to court saying it was not only wrong but unconstitutional. The Supreme Court ruled in favour of the plaintiff, stating among others that the celebration of 31st December is inconsistent with the Constitution, 1992, because it was a celebration of a coup d’état, which in itself is an illegal act and a treasonable offence. Also, the Supreme Court said no public funds must be used to celebrate such an event.

Come, December 31, 1993 and Rawlings flouted the law and paraded security forces and other associates, marching them across the principal streets of Accra and ending up in the El-Wak Sports stadium where he made a defiant speech against the courts. Then a warrant officer of the Ghana Armed Forces, nick-named, Red-Light, boldly made this statement, “if there is freedom of speech, then there must be freedom of assassination.” May I remind readers that Ghana was in the constitutional rule of the Fourth Republic.

On August 29, 2013, the Supreme Court of Ghana gave its verdict on the Election Petition before it. Before that, during the eight-month long trial, four persons accused who made comments that amounted to contempt of court were made to appear before the court, three were from the NPP and one from the NDC.

When some NPP members petitioned the Court against some more members of the NDC, who made similar comments, the lead judge, Justice Atuguba, said the way the petitions were presented did not conform to judicial ethics so the matters could not be looked into.

Justice Atuguba, then proclaimed himself as the most powerful in Ghana, since to him even the president of the republic was small in his sight. And when he started reading out the judgment, he first reminded Ghanaians that since no African nation had removed an incumbent government through the courts, that could never happen in Ghana.

In order, to make sure that the respondents won the case, Justice Atuguba, pronounced as irrelevant, Article 49 (3), which mandated a presiding officer at a polling station to sign the declaration stating the polling station and number of votes in favour of each candidate…

If Justice Atuguba had admitted this evidence in his judgment, the applicant would have won the Election Petition. It was clear that the verdict was stolen, however then Candidate Nana Akufo-Addo, accepted it and called for peace and togetherness in the country, after congratulating President John Mahama.

The NPP, taking its roots from the UP Tradition, and as usual, coming out as a peace-lover and respecter of the rule of law, did not turn Ghana into a place of insecurity.

All said, the anti-UP Tradition people, will always accuse the NPP of violating and disrespecting laws. Yet, it is on record that some P(NDC) members who violated laws, were pardoned by a siting P(NDC) head of State.

W.O. Salifu Amankwa, a close confidant of Rawlings, shot and killed a 70-year-old pensioner, Norbert Robert Quarshie, in cold blood. The old man was quietly and peacefully walking home, when without provocation Salifu Amankwa opened fire on him and killed him. The government, change the charge sheet from murder to manslaughter and even when the court found the soldier, guilty and sentenced him to death, Rawlings pardoned his friend.

Alistair Nelson, Godwin Ako Gunn and Salifu Masse aka Mugabe, were three NDC stalwarts, who were caught on air, condemning the courts and threatening to rape the Lady Chief Justice. When the Supreme Court found them guilty of contempt and sentenced them to three months in jail, an NDC government led by President John Mahama, pardoned them. Mr. Gunn was later rewarded with a national executive position in the party. This speaks volumes of how the NDC views the law, the courts and justice.

Come 2021 and another Election Petition was filed in the Supreme Court, this time the NDC was the applicant and the NPP was the respondent. Earlier the NDC had demonised the results of the 2020 Presidential Election and told all Ghanaians that the Electoral Commission rigged the Election in favour of the incumbent President Nana Akufo-Addo. The youth in the NDC run riot across the country and staged bloody demonstrations believing their party had won the Elections. While they were been tear-gassed and beaten up by security forces when they attempted invading security zones, some NDC gurus, were celebrating a colleague’sbirthday and enjoying life.

Restraining themselves from going to court, since the NDC labelled those going to court on Election petitions as fools, the party had no choice as the day on which no legal action could be taken was drawing near.

Ghanaians wondered what would have happened if proceedings were not telecasted life. Because after every court section, the NDC group of lawyers would come and narrate something different from what happened in the Supreme Court, in the full view of the good people of this country, who became confused.

General Secretary Asiedu Nketia, admitted that the figures announced in court, were the same figures as announced by the EC Jean Mensah and that was what the party, adding that he should not be blamed but others in the party must be blamed.

Dr. Kpessa Whyte and Rojo Mettle Nunoo redefined rigging as follow, 1). Rigging is when one is asked by the EC to go and say “Hi” to one’s presidential candidate, and he went without having someone to replace him at the EC strong room. And 2), Rigging is when one is hunger and is served hot tea, without biscuit by the EC.

The NDC never ceases to amaze. After calling the EC a seasoned armed robber, she sends you and you left your duty post unattended. Who is then to blame? And why no replacement was called in, makes that statement non credit worthy. And secondly, how can you allow your sworn enemy to serve you tea?

So why did the NDC ever go to court? According to Counsel Tsatsu Tsikata, when he appeared on a KSM show, TV3 talk show and another interview, the reason why the NDC went to court was to ask the Electoral Commissioner to come and announce the Presidential Election results, constitutionally. The party had no problems with the results.

After subjecting their youth to unnecessary beatings in public, the NDC executives and gurus, had long accepted the results of the Election but decided to throw this country into confusion to hide their shame.

The question is, why is the NDC roaring at its loudest? (Stay tuned).

Hon. Daniel Dugan


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