It was a frightening moment when the Research Fellow at the Institute of African Studies, University of Ghana (UG) and a member of National Democratic Congress (NDC), Prof. Michael Kpessa Whyte was called by the Supreme Court Clerk at 9:42am to go into the dock;which he once mounted to testify in the presidential election petition in 2021.
Soberly, the History and Politics professor, after mounting the box, refused to sit down, although he was asked to do so.
Wearing a black suite over white shirt, with an ocean blue tie, the Contemnor fixed his gaze on the five-panel members of the bench, whilst his charges were read to him; such as scandalising the court, ridiculing the court and prejudicing the court.
The charges were in connection with a certain incendiary comment he tweeted about the judiciary on May 19, 2023 and for which Prof Whyte was cited for contempt.
In fact, the Clerk, with some level of reservation read the tweet as follows: “They have succeeded in turning a Supreme Court into a Stupid Court. Common sense is now a scarce commodity.
“A major element in the death of democracies is partisanship in the delivery of justice. Our judges need lessons in political philosophy and ethics. Time will tell.”
The comment follows a judgment of the Supreme Court that GyakyeQuayson’s name should be expunged from the records of Parliament, as the representative of the people of Assin North Constituency in the Central region, on the ticket of the National Democratic Congress (NDC).
When the Contemnor was asked whether he pleaded guilty or not, he initially pleaded not guilty and then changed his plea to guilty with explanation, before finally pleading guilty.
The panel of judges ordered that the charges were read to the Contemnor again, but the latter refused and maintained his last plea.
The panel, made up of Justices Mariama Owusu, Lovelace Johnson, Prof Henrietta Mensa-Bonsu, Samuel Asiedu and George Koomson, proceeded to convict the Contemnor on his own plea of guilty.
The Apex Court, however, cautioned and discharged the convict, based on his strong remorse and humility, retraction of the said contemptuous comment and rendering of apology, which was published on the front page of the Ghanaian Times Newspaper, as well as repeating the apology at the medium he used to make the scandalous remark.
After reading their decision, the Court held that whilst the judiciary is not beyond critique, it was also appropriate that the citizens appreciate the important role it plays.
It added that the Court is very accountable in discharging its constitutional mandate. It also took cognizance of various comments that were written under the contemnor’s post and urged him not to lead them into temptation.
The convict’s legal representative, Dr. Justice Srem Sai, pleaded with the court to have mercy.
According to him after the convict received the summons, he caused publications to be made, apologising to the Court.
“We pray for the mitigation of sentence. My Lord, immediately the matter was brought to his attention he did issue a clear, unreserved apology, which we have accordingly brought to the court’s registry, addressed to the acting Chief Justice.
“He has taken steps to have the apology published on the front page of the Ghanaian Times. He rendered the apology at page 3.”
Further, the Contemnor immediately pulled down the tweet and published the apology about three times, in the same day, using the same medium.
My Lords, it is our humble prayer, in all humility, we plead for mercy. We are also undertaking that such a sad and regrettable occurrence will not occur again. We commit to defending the integrity of this honourable Court.”
The Director of Ghana School of Law, Barima Yaw Kodie Oppong, also pleaded with the court on behalf of the Contemnor.
