JACK CADE. I thank you, good people – there shall be no money; all shall eat and drink on my score; and I will apparel them all in one livery that they may agree like brothers, and worship me the lord.
DICK: The first thing we do, let’s kill all the lawyers.
JACK CADE: Nay, that I mean to do is not this lamentable thing…
WILLIAM SHAKESPEARE: KING HENRY THE SIXTH-PART II
No, no one in his right mind would want to see a re-incarnation of the dastardly act of 30th June, 1982 in which three High Court Judges (Justice Fred Poku Sarkodie, Mrs. Justice Cecelia Koranteng-Addow, a lactating mother and Justice Kwadwo Agyei Agyepong) and a retired Army Officer, Major Sam Acquah were callously murdered, their bodies burnt to erase any identification. But for Kufuor’s “Reconciliation” of January 2002 questions would still be asked about the role of Flt. Lt. J. J. Rawlings, Captain Kojo Tsikata and Amartey Kwei (who was described as the hub around which the wheel of conspiracy revolved’’) despite the tongue-in-cheek declaration by Flt. Lt. Rawlings. “We condemn these acts from the depths of our hearts”.
Of course, we had nothing better to do than to select the topic we did in relation to the current impasse between Justice Torkonoo’s Judiciary and Bagbin’s Parliament. As a lawyer, you may be asked what your position is in the imbroglio. What do you do as a lawyer when faced with this Gordian knot of NDC v NPP tango “dressed up as constitutional issue” you may shun TV3 Key points (on Saturdays, between 7 am and 11 am) or you may wish to listen to Kingsley Amoakwaa Boadu, Andy Appiah-Kubi, Martin Kpebu, Dafeamakpor and of course., Prof Gyampo.
The initial round last week saw Martin Kpebu (who championed the “all offences are bailable” mourning the death of his mate, Bright Obeng Manu and lamenting the hoarding of US$1 million by Cecilia Dapaah. Prof Gyampo showed the Christian-ness in him by forgiving the apologetic NPP Youth Organizer Salam Mustapha who had defamed him.
What was at stake: Speaker Bagbin invoking Article 97 (1) (g) and (h) declared the seats of Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), Andrew Asiamah (Fomena) vacant. The leader of the NPP Caucus Afenyo Markin went to the Supreme Court where 5 judges were in Sputnik-like fashion summoned to take a decision on “stay of execution”.
And when the Speaker sent an application to the Supreme Court to reverse its ruling that blocked his declaration of the four parliamentary seats vacant, the Chief Justice dismissed the application on the grounds that the Speaker’s declaration would irreparably harm not only the affected MPs but also the tens of thousands they represent.
So, we ask: where does ‘’Contempt of Parliament under Article 122 and 123 of the 1992 Constitution come in? “An act or omission which obstructs or impedes a member or office of Parliament in the discharge of his duties, or affronts the dignity of Parliament or which tends either directly or indirectly to produce that result, is contempt of Parliament”. And is Parliament a master of its own rules?
Or, does the Speaker with over 40 years experience not know the extent of his authority under the 1992 constitution? And a former Justice of the Supreme Court, Justice Atuguba would say “The Supreme Court is becoming too predictable”.
The Supreme Court dismissed Thaddeus Sory’s application for Justice Gaewu to recuse himself since his previous ties with the NPP (as a Parliamentary candidate) would raise questions of “conflict of interest”.
When Mr. Arkaah was Vice President to Flt. Lt. Rawlings, he opted to “cross carpet” and go and run under Kufuor in 1996 in the Great Alliance. What happened is history.
It has abundantly been stressed that “Justice must not only be done, but must be seen to be done”. In Rex V Sussex Justices (1924) I KB 256, Lord Hewart noted: “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. Those were the exact words of Lord Hewart on the impartiality and recusal of judges.
Some people may share the sentiments of Dafeamakpor when he argues that “it is the court that is creating the present crisis”. Among several arguments, NDC legal luminary and statesman Tsatsu Tsikata argues: “… if the court constituted recently wanted to depart from those judicial precedents, Article 129 (3) of 1992 Constitution makes it quite clear that they have got to give us reason why those decisions that they have given previously are to be departed from…” and Thaddeus Sory made the point: “In terms of orders staying execution of rulings the Supreme Court’s powers, under the 1992 Constitution to stay of executions of rulings are limited to rulings to itself and of courts lower in the judicial hierarchy but do not extend to a ruling of the Speaker of Parliament who is not part of the judicial hierarchy”.
Kwaku Ansah Asare a former Director of the Ghana School of Law, speaking on the Judiciary – Parliament battle says: “This is not the first time we are having a known political activist mounting the bench… I would have thought that since at his vetting this issue of his parliamentary candidacy arose and was debated on the floor of Parliament, with the greatest of respect, the Chief Justice erred in empanelling him…
The Justice himself could have done the needful by recusing himself but… our political and judicial culture is that it is very difficult for public office holders to accept truth and just exit…” Montesquieu’s separation of powers – fine, but what happened to rapprochement, dialogue, compromise?
What happened to precedent, “Stare decisis” it is not for us to rehash Prof. Oquaye’s (the Speaker’s) order to declare Fomena Constituency seat held by Andrew Amoako Asiamah vacant in the 7th Parliament whether one says it was wrong or right (then) will depend on which side he is on given Speaker Bagbin’s declaration that 4 seats are vacant citing Article 97 (i) (g) and (h). Have “all things ever been equal”? But we have “ceteris paribus” still in our books, particularly books on Economics.
What does Lawyer Maurice Ampaw mean by saying anyone in Ashanti (or Asantes) who vote for Alan will only be splitting NPP votes in favour of NDC? God forgive Maurice for arrogantly portraying to know more politics than those of us in Ashanti Who wants to influence voters in Ashanti Region whether NPP, NDC or Alan’s Movement for Change.
Hopeson Adorye, naturally, responds. “Anyone who disregards the Agyapadie Book has to examine his head; anyone who disregards the Agyapadie Book does a disservice to Ghana. Alan has a clean record… Alan is not corrupt; he sent away someone who tried to entice him with a bribe of $10 million to relinquish the government’s hold on the Trade Fair Site in Accra. Krofrom Market, started by Kufuor, would not be continued by an NPP government for 8 years…”
It is lawyers, quasi-lawyers and pretenders (at law) who are interpreting the 1992 Constitution and the court processes, but they will not admit that they are “pushed” to take a position depending on their party affiliation. Speaker Bagbin was “expecting” people including NPP stalwarts to approach him, but now; “it’s too late to say that you are sorry ..
