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When “liberal democrats” undermine the
Supreme Court…
By Dr. Michael J.K. Bokor
Saturday, July 6, 2013
The Supreme Court’s efforts to clamp down on public comments
detrimental to the performance of its legitimate function in
hearing the NPP’s petition regarding Election 2012 has brought
into sharp focus some fundamental peculiarities that separate
the NPP from the NDC at several levels.
A scrutiny of public reaction to the Supreme Court’s moves
suggests that the NPP is poles apart when it comes to discipline
and political maturity. Its functionaries are more invested in
undermining the integrity of the Supreme Court than warranted by
the offence for which the Court has imposed custodial sentence
and “punished” the errant commentators infringing the contempt
of court clause in our legal code. They have come to notice as
the only group of people stridently critical of the Supreme
Court instead of seeing its moves as appropriate. Why is it so?
And why are they leading the pack to create disaffection for the
Court?
We recognize the fact that unlike the NPP functionaries, those
in the NDC and the other political parties have not in any way
confronted the Supreme Court nor have they condemned it for
acting as it has done to instill discipline in public discourse
concerning its status and performance. The NDC functionaries
have not reacted to the Court’s moves even when two of their
colleagues (Stephen Atubiga and Kwaku Boahen) were summonsed
before the Court and dealt with. Is it because they are
heartless? No!!
The NDC leaders did not make any utterance to express pleasure
or displeasure at goings-on. They displayed political maturity
and took everything in its stride, which is heart-warming. That
display of political maturity puts them streets ahead of their
political opponents in the NPP and their lackeys disguised as
civil society leaders, journalists, academics, lawyers, or
political commentators wrongly shooting their mouths all over
the place. The venom that they are spitting characterizes them
as politically misguided, morally bankrupt, and legally
challenged—a danger to liberal democracy!
The jailing of Kuranchie has really exposed their underbelly and
revealed to us their inner workings. I am not surprised that
their initial condemnation of the Supreme Court for banning
Sammy Awuku would escalate into open threats and arid defiance
of the norms of civility. No moment passes by without any of
them saying something odious about the Court. That seems to be
their modus operandus to undermine the integrity of the Court in
readiness for its verdict concerning their petition so that they
can implement the next phase of their hidden agenda. But Justice
Atuguba’s insistence that no one can intimidate the judges must
alert them to the landmine that they are preparing to step on.
Why is it that the NPP members and apologists are those most
vehemently criticizing the Supreme Court for taking action to
ensure that its integrity is not impugned by those loosely
commenting on its activities and denigrating Justice Atuguba and
any member of the 9-member panel deemed to be posturing or
making pronouncements detrimental to the NPP’s cause during
proceedings in court?
Their misconduct raises questions of conscience: Is it because
they are keen on upholding and protecting freedom of speech? Or
because they are “liberal democrats” who believe in free speech
for accomplishing political objectives? I don’t think so.
One streak in their character is unmitigated. If they were the
“Apostles of Free Speech,” they would first prove so through
their actions and utterances in-house. They won’t act like
matadors and take fatal aim at anybody in their own midst who
exercises his freedom of speech to criticize internal
happenings, as was done by Kwame Pianim and Dr. Yves Charles
Wereko Brobby only to be “eaten alive”. They won’t turn
themselves into sharp shooters sniping at the internal critics.
With their poison-laced arrows, they are worse than archers
seeking to destroy their own for political (in)expediency. That
is their rub!
The charity that they are looking for in the doings of the
Supreme Court hasn’t begun at home for them. So, why are they
out to behave as if the Supreme Court is insensitive and
wayward? Why all this fuss about freedom of speech being
threatened by the Supreme Court (and Justice Atuguba
particularly) when they themselves haven’t in any way tolerated
dissension in their own ranks and are resolved to stifle
criticism from within? Why waste efforts to remove the speck in
the eyes of the judges and not the beam in their own frog-eyes?
Mere political frippery?
If you doubt why I am questioning the caginess of these NPP
people, just take a cursory look at the volume of comments and
threats from them over the past few days. Some examples:
1. General Secretary of the New Patriotic Party (NPP), Kwadwo
Owusu-Afriyie, has said the Supreme Court judges' reaction in
respect of public comments on the proceedings in the ongoing
presidential election petition is an attempt to cow people from
expressing themselves. He charged Justice Atuguba to be careful
with his actions. ( Saturday, July 6, 2013, Ghanaweb: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=278817)
2. Atta Akyea, counsel for Kuranchie has hit back at the “erring
justices of the Supreme Court”, insisting that their decision
was perverse and an affront to justice. (Saturday, July 6, 2013,
Ghanaweb: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=278801)
3. Anthony Abayifaa Karbo, the former Youth Organizer of the NPP,
has stated emphatically that the imprisoning of Atubiga and
Kuranchie by the Supreme Court over contemptuous comments will
not stop criticisms of the court. (Saturday, July 6, 2013,
Ghanaweb: http://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=278796)
4. The Chairman of the Volta Regional branch of the NPP, Ken
Wood Nuworsu, led a delegation of the Ho branch of the party to
visit Kuranchie at the Ho prison and gave him tilapia and
“banku” (as if inmates of the prison were not being fed by the
authorities!). He said Kuranchie looked sober, but in good
spirit especially after seeing the crowd of party supporters who
had gathered outside the prison singing in support of him.
Nuworsu praised Kuranchie for his boldness and loyalty to the
party and said that the party has arranged for a team to visit
him daily throughout the sentence period.
5. Kissi Adjabeng, a lecturer at the Faculty of Law of the
University of Ghana, has questioned the posture of the Supreme
Court in respect of the contempt charges it brought against some
two persons. He described the Supreme Court’s ruling on
Kuranchie, Atubiga, and the others as dangerous and said that it
appeared as if the Supreme Court was looking out for an
apologetic person before handing down its judgement.
6. Managing editor of the New Crusading Guide Newspaper (Abdul
Kweku Baako Jnr.) expressed disappointment at the sentencing of
Kuranchie and Atubiga. He said the Court’s action could harm
free speech and that people would be scared of commenting on
judicial issues, and this culture would not be in the interest
of the judiciary. He called on the Ghana Bar Association (GBA),
Ghana Journalists Association (GJA) and Civil Society
Organizations (CSOs) to rise to the occasion.
Others have couched their criticism of the Supreme Court in
diplomacy. Ace Kojo Annan Ankomah, a private legal practitioner,
has advised Parliament to consider a Contempt of Court Act that
defines contempt in a way that is accepted by the generality of
the population. According to him, this will help maintain the
balance between the right of free speech and commentary on court
proceedings. He advised all Ghanaians thus: “Till Parliament
steps to the plate, let your criticism of the court be measured
and tempered”.
Only one voice of reason stood out from the NPP pack. That was
Sam Okudzeto, a private legal practitioner, who approved the
Supreme Court’s action. He said he was happy that the Court had
found them guilty of criminal contempt and that it was necessary
to indicate to the public that the dignity of a court must
always be respected.
Okudzeto, who is also a former President of the Ghana Bar
Association, told Joy FM’s Super Morning Show that clearly some
media personnel had, in their commentary on the presidential
election petition being heard by the Supreme Court, “gone beyond
what we might say is fair comment.”
What would make Okudjeto stand out of the NPP crowd this way?
Yet, the party boasts of countless lawyers in its fold!! What
could Okudjeto see that they couldn’t? Why?
The Ghana Bar Association has not hidden its displeasure at the
inability of the Supreme Court to crack the whip and urged it to
bite and not only bark at those contemning it. When Sammy Awuku
was dealt with, the GBA supported the Court’s action, describing
his banning from the Court’s sittings as “mild” but purposeful.
Nene Amegatcher, GBA President, told Joy News that “Lawyers are
not supposed to run commentaries while the case is going on,
with the intention of abusing or influencing the mind of
supporters of a particular party and preparing them not to
accept the results or not. It is against the ethics of the
profession and the Ghana Bar Association is worried.” A good one
there.
Rather strangely, Stephen Atubiga—a culprit himself—saw wisdom
in the Court’s action against him. Upon his release from prison,
he said the action of the judges had prevented the country from
being plunged into post-election violence. He said his love and
admiration for the bench had increased after his incarceration,
adding, “I really applaud them for putting that iron fist on me.
If I have the opportunity, I will go back to the Supreme Court
and thank the judges.”
According to Atubiga, he was glad that the sentence would serve
as a caution to journalists, politicians and the public at large
who used what he described as “rotten language to undermine the
authority of the bench… I have been used as a sacrificial lamb,
to sanitize the place. Sometimes, you pay the price to sanitize
the system”.
What have the NPP bigwigs done so far to prove that they are
indeed ready to cooperate with the authorities to enforce
discipline—and be worth recognizing as the “liberal democrats”
that they label themselves? They saw the incarceration of
Kuranchie as a political gem, which they frantically have seized
to intensify their anti-Atuguba rabble rousing. Some shameless
opportunists!!
They are all over the place, making noxious comments and daring
the Supreme Court to take them on so they can move their
recklessness a notch higher to unleash mayhem on the society.
That is why they haven’t ceased condemning the Supreme Court,
the latest one coming from their General Secretary.
Regardless of how they approach issues, their odious utterances
against the Supreme Court are misplaced and smack of political
immaturity. We, however, don’t expect them to relent soon
because that is the last trump-card left for them before the
Supreme Court seals their sad fate. Then, they will fall
head-over-heels in love with anarchy and be dealt with in
accordance with the extent and depth to which they will carry
their notoriety. Some “liberal democrats” that we have in Ghana!
I shall return…
• E-mail: mjbokor@yahoo.com
• Join me on Facebook at: http://www.facebook.com/mjkbokor
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