But for the request of the Attorney-General and Minister of Justice, Godfred Dame, for the Supreme Court case of some private citizens challenging the passage of the anti-gay bill by parliament to be televised, much of the drama that transpired in court might not have been made so public.
One such heightened moment occurred when, after listening to all arguments made by both parties in the case, Chief Justice Gertrude Torkornoo decided to address the Attorney-General.
Referring to Godfred Dame's original paragraph 8 of the affidavit he had presented to the court in response to Nana Konadu Frimpong, where he outlined three issues, CJ Gertrude Torkornoo posed a question to the A-G.
She informed him that she, and by extension, the court, wanted to understand his position on these issues and requested that he explain his stance in a statement of case.
The CJ emphasized the importance of clarity so that the A-G would not catch anyone off guard.
In his reply, Godfred Dame stated that he strictly adheres to the rules, to which the CJ pointed out that those same rules required him to file a statement of case.
The brief exchange between the two officials appointed by President Nana Addo Dankwa Akufo-Addo is detailed below, capturing the exchange and power dynamics present in the court at that moment.
Read it below:
Chief Justice: Attorney General, look at your original paragraph 8 of the affidavit in answer by Nana Konadu Frimpong. You state three issues. What is your position in relation to them? This court is directing you to state what your position is in the statement of case so that you don’t surprise anyone.
Attorney-General: That is fine because I stick strictly to the rules…
Chief Justice: Are you going to file a statement or not?
Attorney General: My Lady, you have ordered so I will file.
Chief Justice: If you don’t file a Statement of Case, I will not let you argue any point of law; I will not hear you too. You were required to do so but you did not file any. You have been given a reprieve now.
Attorney-General: My Lady, the rules in the Supreme Court do not require an application for injunction or opposition unless the court orders, so, I will do as instructed.
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Chief Justice: Attorney-General, you may do as it pleases you but if you don’t want to file any Statement of Case, that is your option. I will not hear you. May this be my last word? Thank you.
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