Constitution is Supreme, says Justice Constance Owusu

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Joe ballack 12 years ago

Atuguba and his cowards judges will die with their mouth open

Atuguba and his cowards judges will die with their mouth open
BRIAN WILLIAMS 12 years ago

DRIP, DRIP, DRIP; THE TRUTH ABOUT HOW ATUGUBA SINGLE-HANDEDLY MSDE THE DECISION AND READ IT TO THE WORLD WILL COME OUT. THREE JUDGES WERE MURDERED IN COLD BLOOD TO MAKE ROOM ON THE BENCH FOR FOOLS LIKE ATUGUBA. THERE IS A PRI ...
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DRIP, DRIP, DRIP; THE TRUTH ABOUT HOW ATUGUBA SINGLE-HANDEDLY MSDE THE DECISION AND READ IT TO THE WORLD WILL COME OUT. THREE JUDGES WERE MURDERED IN COLD BLOOD TO MAKE ROOM ON THE BENCH FOR FOOLS LIKE ATUGUBA. THERE IS A PRICE TO PAY.
Kway 12 years ago

Wow!!! In this day and age, how can justice be served if the law is interpreted so blindly. Presiding officer has to sign so if he doesnt sign, EVEN WHEN EVERYTHING IN THE WORLD SHOWS ELECTION WAS FAIR, the votes should be an ...
read full comment

Wow!!! In this day and age, how can justice be served if the law is interpreted so blindly. Presiding officer has to sign so if he doesnt sign, EVEN WHEN EVERYTHING IN THE WORLD SHOWS ELECTION WAS FAIR, the votes should be annuled. What kind of stupidity and injustice is that?

This is a 1760 era Judge. Common sense is used together with laws to make a Judgement. U think if I make a payment to u and record giving u the money, and have witnesses around who testify I made payment to u, BUT I FORGEOT TO MAKE U SIGN FOR RECIEPT OF MONEY, a court can rule that I didnt make payment to u? Common sense shows that other hardcore evidence shows payment was made.

It's been observed over the years that going by laws blindly ends up in misjudgment and injustice. As the othe lady Judge pointed out, "LAW IS IMMATERIAL".

We have people who owned lands but failed to register it. Thieves go and register these lands and the issue goes to court. Is it just, for a Judge to say (WITHOUT LOOKING AT ANY OTHER MERIT OF OWNERSHIP) that, just because A registered the land in his name (albeit fraudulently), the land belongs to him? Its not done anywhere.

The other Judges used common sense in dismissing this claim. Common sense, together with laws brings about Justice, not blind interpretation, like most thieves, crooks, corrupt people always seek to do to take what righly belongs to others.
Appepesu 12 years ago

Common sense is not one way street KWAY.In your examples if Iam to sign a paper with witnesses that you paid me some money You must make sure there is signature present when the money exchange hands simply relaying on witness ...
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Common sense is not one way street KWAY.In your examples if Iam to sign a paper with witnesses that you paid me some money You must make sure there is signature present when the money exchange hands simply relaying on witnesses who might have received bribe to say otherwise is not enough. Civilized societies rely on law and order and that goes both ways
Chire 12 years ago

Saint Atuguba who behaved as if he was flawless and rebuking and seriously reducing men to rags, is after all, ineptitute, corrupt, biased has no IQ. Atuguba is useless in law. What a disgraced judge

Saint Atuguba who behaved as if he was flawless and rebuking and seriously reducing men to rags, is after all, ineptitute, corrupt, biased has no IQ. Atuguba is useless in law. What a disgraced judge
IDRIS PACAS 12 years ago

The supremacy of the Constitution depends on reality and on our level of understanding. For instance, the Constitution says we shall celebrate our Independence day on 6th March. So if on the dawn of 6th March it starts rainin ...
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The supremacy of the Constitution depends on reality and on our level of understanding. For instance, the Constitution says we shall celebrate our Independence day on 6th March. So if on the dawn of 6th March it starts raining heavily till night, shall we go out in the rain to celebrate? No! The EC boss says he would allow known people like the omanhene to vote provided they were eligible (duly registered). So biometric verification never meant only fingerprint. This judge is certainly among the daydreamers!
Apatupr3 12 years ago

Of this Justice`s thinking,then we have a big problem on our hands in the country. A clause is entrenched in the constitution,and so it cannot be a be subjected to any further interpretation, as though constitutional provisi ...
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Of this Justice`s thinking,then we have a big problem on our hands in the country. A clause is entrenched in the constitution,and so it cannot be a be subjected to any further interpretation, as though constitutional provisions are to be viewed as 'stand alone' commandments without reference to other sections of that 'sacred' and immutable document. What a warped logic!
Kokonte 12 years ago

This is one of the demented Justices that was appointed by K4 to see things one way, even if the facts point the other way.

We must thank K4 for being such a clever thief that he padded the judiciary with these warped mind ...
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This is one of the demented Justices that was appointed by K4 to see things one way, even if the facts point the other way.

We must thank K4 for being such a clever thief that he padded the judiciary with these warped minds to rule in his favor, should he ever be dragged before a court of law.
Apology 12 years ago

you are very stupid as well . Which University did you enroll to pursue higher education. A law must be interpreted and exercised within the constraint and thereby must not be manipulated to suit your foolish thoughts. A shee ...
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you are very stupid as well . Which University did you enroll to pursue higher education. A law must be interpreted and exercised within the constraint and thereby must not be manipulated to suit your foolish thoughts. A sheet need to be signed to be accepted as valid and your example you have cited above is meaningless in the court of the law.
Woman's wisdom 12 years ago

NDC is a thievery party. Mahama is acriminal and all NDC members are idiots. they will die with their mouth, eyes and anus open.

NDC is a thievery party. Mahama is acriminal and all NDC members are idiots. they will die with their mouth, eyes and anus open.

insight to the bone 12 years ago

every con man always useslong talk and plenty of bullshit to buttress his scam and thats what atuguba has done here in the hope that since most people can not follow up he can get away with murder. i am surprised he didn't wr ...
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every con man always useslong talk and plenty of bullshit to buttress his scam and thats what atuguba has done here in the hope that since most people can not follow up he can get away with murder. i am surprised he didn't write a new bible , the fact remains the elections were definitely rigged , pepeni killed mills and now used another pepeni to to commit another travesty of justice . immediately after the ashowo minister has now commissioned with the chinese new ports in the volta and other non Akan areas so now i hope they told the chinese we Akans will not pay for that including the hospitals and have already lined up enough yams and mangoes to pay for these projects since they have no gold oil or cocoa . pepeni stop using and abusing Akan money , steal from you own gonja and ayigbe idiots. we never get anything good from you only poisoned water and lies every day
WILLIAM 12 years ago

More than words, the Constituition is a living document with a spirit imparted by the framers and not necessarily obvious in the wording as read in isolation!

More than words, the Constituition is a living document with a spirit imparted by the framers and not necessarily obvious in the wording as read in isolation!
Nicholas J Bedzo 12 years ago

No more reviving this case to new.the
case is dead. We are tired.

No more reviving this case to new.the
case is dead. We are tired.
Truth 12 years ago

May Almighty Jehova protect and BLESS this woman, Justice Owusu. May all the curses on this earth descend on Atuguba to face the worst tribulations

May Almighty Jehova protect and BLESS this woman, Justice Owusu. May all the curses on this earth descend on Atuguba to face the worst tribulations
Abu 12 years ago

YOU WILL DIE LIKE A DOG IN BROAD DAY LIGHT

YOU WILL DIE LIKE A DOG IN BROAD DAY LIGHT
AWUNI 12 years ago

THIS LADY'S ANALYSIS AND INTERPRETATIONS MAKE MORE SENSE THAN FRAFRA ATUGUBA AND TSATSU COMBINED. AS FOR TSATSU HE SEEMS NOT TO UNDERSTAND THE LAWS HE TEACHES. HE SHOULD HAVE KNOWN HOW TO CHANNEL HIS GRIEVANCES AGAINST JUSTI ...
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THIS LADY'S ANALYSIS AND INTERPRETATIONS MAKE MORE SENSE THAN FRAFRA ATUGUBA AND TSATSU COMBINED. AS FOR TSATSU HE SEEMS NOT TO UNDERSTAND THE LAWS HE TEACHES. HE SHOULD HAVE KNOWN HOW TO CHANNEL HIS GRIEVANCES AGAINST JUSTICE ANIM YEBOAH. NOT AT A RADIO STATION AT ALL AS A LAW PROFESSOR.
ASEMPA NEYE 12 years ago

Atuguba wanted his nephew to keep his job as an Executive Assistant toPresident Mahamah. Plain and simple. Atuguba was not trueful to Ghanaians when he opined that the SC panels various judgement was ready and lodged with the ...
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Atuguba wanted his nephew to keep his job as an Executive Assistant toPresident Mahamah. Plain and simple. Atuguba was not trueful to Ghanaians when he opined that the SC panels various judgement was ready and lodged with the Secretary to the Courts. In fact he Atuguba was so anxious he read a wrong judgement which was corrected after 24 hours in the books. Atuguba is treacherous, dishonest, and did not exhibit objectivity throghout the deliberations In fact if dotse a Kuffuor had not allowed his tribal affliations with Tsikata to cloud his objectivity Mahamah could have lost 4 to 5. THE PETITIONERS in their own right should have taken him off the panel. Isnt it ironic that Rawlings appointees: ATUGUBA, GBADEGBE, AKOTO BAMFO, voted deciding that NO VOTER INFRACTIONS TOOK PLACE in the December 2012 election and that the PETITION was without merit?. GOD SAVE GHANA Nana will win hands down next time. IT is now open sected that ATUGUBA twisted Dotses arms to vote with him.
KK 12 years ago

This woman is talking Law. This is what we put Judges on the Bench for. To apply the Law and not to make the Law or apply their feelings as Adinyira was doing. The Constitution is Supreme and we all are better off allowing th ...
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This woman is talking Law. This is what we put Judges on the Bench for. To apply the Law and not to make the Law or apply their feelings as Adinyira was doing. The Constitution is Supreme and we all are better off allowing the dictates of the constitution to prevail. Thank you Madam. You've won my respect.
baggio 12 years ago

Ghana whyyyyyyyYyyyoooooo NDC are full is foolish party

Ghana whyyyyyyyYyyyoooooo NDC are full is foolish party
Nana 12 years ago

ROSE OWUSU WILL DIE WITH HER MOUTH OPEN. n

ROSE OWUSU WILL DIE WITH HER MOUTH OPEN. n

MAXIMUS 12 years ago

The Mahama election fraud has found its way to the Supreme Court of Ghana.
Mahama and his NDC party will never have peace in Ghana until after Mahama leaves the presidency.

The Mahama election fraud has found its way to the Supreme Court of Ghana.
Mahama and his NDC party will never have peace in Ghana until after Mahama leaves the presidency.
Nana 12 years ago

NPP IS A STUPID AND COCAINE PARTY.

NPP IS A STUPID AND COCAINE PARTY.
Zimbara Samba 12 years ago

THANK YOU MOM. THIS IS THE TRUETH.GOD IS NOT LIKE MAN, THE EVIL THAT MEN DO...LET'S WAIT AND SEE WHAT GOD WILL DO. GH. WILL BE FREE SOON WITHOUT WAR FOR THE BATTLE IS THE LORDS.
CA BOO AND CA BEE!!!!!!

THANK YOU MOM. THIS IS THE TRUETH.GOD IS NOT LIKE MAN, THE EVIL THAT MEN DO...LET'S WAIT AND SEE WHAT GOD WILL DO. GH. WILL BE FREE SOON WITHOUT WAR FOR THE BATTLE IS THE LORDS.
CA BOO AND CA BEE!!!!!!
Dzato 12 years ago

IF WE GO BY ROSE OWUSU'S ENTERPRETATION, EVERY ELECTION IN GHANA WILL HAVE TO BE CANCELLED AND RERUN UNTIL INFIFNITY. COMMON SENSE MY DEAR.

IF WE GO BY ROSE OWUSU'S ENTERPRETATION, EVERY ELECTION IN GHANA WILL HAVE TO BE CANCELLED AND RERUN UNTIL INFIFNITY. COMMON SENSE MY DEAR.
KOFI 12 years ago

Please fellow Ghanaians let us be sincere to one another. Yes the Constitution is supreme. Is it not the same constitution that proclaims and grants all abled Ghanaians their fundamental right to vote. The right to vote and r ...
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Please fellow Ghanaians let us be sincere to one another. Yes the Constitution is supreme. Is it not the same constitution that proclaims and grants all abled Ghanaians their fundamental right to vote. The right to vote and right to sign which is which?. Constance Owusu is a disgrace and insult to Ghanaian citizens whose votes she think should be exorcised bcos of one persons signature. Common sense is common sense period. She is a disgraced to the legal profession. She knew very well within that what she is wrong. God will punish you. You will die bad.
ABAM 12 years ago

BECAUSE HER THRUTH DOES NOT FAVOUR YOU?IF EVERY gHANAIAN HAS THE FUNDERMENTAL RIGHT TO VOTE, WHY SHOULD THE CE INTRODUCE THE BIOMETRIC MACHINE? WHY SHOULD THE CONSTITUTION REQUIRE PRESIDING OFFICERS TO SIGN. DO YOU UNDERSTAND ...
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BECAUSE HER THRUTH DOES NOT FAVOUR YOU?IF EVERY gHANAIAN HAS THE FUNDERMENTAL RIGHT TO VOTE, WHY SHOULD THE CE INTRODUCE THE BIOMETRIC MACHINE? WHY SHOULD THE CONSTITUTION REQUIRE PRESIDING OFFICERS TO SIGN. DO YOU UNDERSTAND WHY SIGNATURES ARE USED IN IMPORTANT SITUATIONS WORLD OVER? THINK BETTER.
Kwabena Twum 12 years ago

If the presiding officers are supposed to sign and don't do so, they have committed a crime so what punishment does the law impose on them? In her theory this can go on and on in every election. Because if presiding officer i ...
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If the presiding officers are supposed to sign and don't do so, they have committed a crime so what punishment does the law impose on them? In her theory this can go on and on in every election. Because if presiding officer is a party sympathizer and knowing well that the opponent party is winning, he or she can refuse to sign just to get votes thrown out and go free... right? so-called law without common sense had George Zimmerman got away with a murder. You have to apply common sense with law because law is very complicated and it needs interpretations that makes one great lawyer or judge.
Abban 12 years ago

Kofi, you are very stupid, your father must be very stupid too.

Kofi, you are very stupid, your father must be very stupid too.
KOFI 12 years ago

Abban, you are rather a village and villages live in you. Isn't this woman funny?

Abban, you are rather a village and villages live in you. Isn't this woman funny?
O P 12 years ago

Would you guys stop the nonsense about the right to vote. even though, the constitution grant every Ghanian the right to vote, but there are also some rules, you have to be 18, you have to register, and so on, according to y ...
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Would you guys stop the nonsense about the right to vote. even though, the constitution grant every Ghanian the right to vote, but there are also some rules, you have to be 18, you have to register, and so on, according to you guys, serial numbers are not needed, election officers should not sign anything, is this what you want our elections to be conducted, fools

KWAKU BEE 12 years ago

Bravo! This is an astute Judge. Ghana is proud of you SC Justice Constance Owusu

Bravo! This is an astute Judge. Ghana is proud of you SC Justice Constance Owusu
Shimon shantose 12 years ago

Of all the judgements that l have read, this was the one with the least legal argument. But the case is over.Why are we doing this? The judges are brilliant, all of them, and l love them all. My advise to you is that learn to ...
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Of all the judgements that l have read, this was the one with the least legal argument. But the case is over.Why are we doing this? The judges are brilliant, all of them, and l love them all. My advise to you is that learn to become like them.
KOFI 12 years ago

This is funny legal and partisan stance. Take it or leave it with Constance Owusus's stance Ghanaians shall witness a four-year ritual of election petition. Simple Presiding Officers in the strongholds of the losing Party wil ...
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This is funny legal and partisan stance. Take it or leave it with Constance Owusus's stance Ghanaians shall witness a four-year ritual of election petition. Simple Presiding Officers in the strongholds of the losing Party will always refuse to sign, period.
Abinapodoi 12 years ago

Perfect and analytical judgment. God bless you. Ghanaians should no that women are never corrupt. Only women judges will handle future pettitions of this nature.

Perfect and analytical judgment. God bless you. Ghanaians should no that women are never corrupt. Only women judges will handle future pettitions of this nature.
Nana addo 12 years ago

fufu and nkati kwan lawyers

fufu and nkati kwan lawyers
SayoO 12 years ago

The constitution did not specify remedy, you chose to declare it as fatal in contravention of people's entrenched right to vote. the level of hypocrisy is groundbreaking

"He did not go ahead to say what flows from this ...
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The constitution did not specify remedy, you chose to declare it as fatal in contravention of people's entrenched right to vote. the level of hypocrisy is groundbreaking

"He did not go ahead to say what flows from this irregularity. If the presiding officers failed to sign the pink sheets, that constituted infringement of Article 49 (3) of the constitution and to me that is fatal. It renders the result declared null and void "
Kway 12 years ago

In this day and age, how can justice be served if the law is interpreted so blindly. Presiding officer has to sign so if he doesnt sign, EVEN WHEN EVERYTHING IN THE WORLD SHOWS ELECTION WAS FAIR, the votes should be annuled.
...
read full comment

In this day and age, how can justice be served if the law is interpreted so blindly. Presiding officer has to sign so if he doesnt sign, EVEN WHEN EVERYTHING IN THE WORLD SHOWS ELECTION WAS FAIR, the votes should be annuled.

This is a 1760 era Judge. Common sense is used together with laws to make a Judgement. U think if I make a payment to u and record giving u the money, and have witnesses around who testify I made payment to u, BUT I FORGEOT TO MAKE U SIGN FOR RECIEPT OF MONEY, a court can rule that I didnt make payment to u? Common sense shows that other hardcore evidence shows payment was made.

It's been observed over the years that going by laws blindly ends up in misjudgment and injustice. As the othe lady Judge pointed out, "LAW IS IMMATERIAL".

We have people who owned lands but failed to register it. Thieves go and register these lands and the issue goes to court. Is it just, for a Judge to say (WITHOUT LOOKING AT ANY OTHER MERIT OF OWNERSHIP) that, just because A registered the land in his name (albeit fraudulently), the land belongs to him? Its not done anywhere.

The other Judges used common sense in dismissing this claim. Common sense, together with laws brings about Justice, not blind interpretation, like most thieves, crooks, corrupt people always seek to do to take what righly belongs to others.
Too bad 12 years ago

There is nothing in the constitution that says that Ghanaians should vote with BVM. That is in CI75. SO if as a judge you say that because the CI says so fine. But the same CI also says that if per chance a presiding officer ...
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There is nothing in the constitution that says that Ghanaians should vote with BVM. That is in CI75. SO if as a judge you say that because the CI says so fine. But the same CI also says that if per chance a presiding officer fails to sign a pink sheet that does not invalidate the results. What do you say judge?
Woman's wisdom 12 years ago

Justice Owusu is a true judge. Everything she said is correct and concise. At least one of the judges is impartial. Atuguba and his cronies will die rotten. A fool like that!

Justice Owusu is a true judge. Everything she said is correct and concise. At least one of the judges is impartial. Atuguba and his cronies will die rotten. A fool like that!
BENONY TONY AMEKUDZI, ESQ. 12 years ago

DEAR READING PUBLIC OF GHANAWEB.COM,
IT IS VERY UNFORTUNATE TO DESCRIBE DR.AFARI-GYAN AS ABOVE BY NO MEAN PERSONALITY BUT READING THE NAME "JUSTICE DOTSE" AND I DO/DID NOT WANT TO RUN TO ILLOGICAL CONCLUSION THAT THE WRITER ...
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DEAR READING PUBLIC OF GHANAWEB.COM,
IT IS VERY UNFORTUNATE TO DESCRIBE DR.AFARI-GYAN AS ABOVE BY NO MEAN PERSONALITY BUT READING THE NAME "JUSTICE DOTSE" AND I DO/DID NOT WANT TO RUN TO ILLOGICAL CONCLUSION THAT THE WRITER IS MY/OUR OWN FRIEND LORD JUSTICE DOTSE OF GHANA SUPREME COURT SINCE I HAVE GREAT RESPECT FOR BOTH HIS LORD JUSTICE DOTSE AND DR.AFARI-GYAN.
HOWEVER, JUST TO SET THE RECORDS STRAIGHT THAT I AM RESPECTFULLY WRITING THIS REJOINDER.
THAT BEFORE ONE CAN OR COULD UNDERSTAND THE SITUATION UNDER WHICH DR.AFARI-GYAN FOUND HIMSELF THEN ONE WOULD APPRECIATE THE HARD WORK AND THE GOOD WORKS HE HAS DONE.
THAT IT WAS THE SAME DR.AFARI_GYAN WHO WAS THE CHAIRMAN OF THE ELECTORAL COMMISSION DURING 2000 AND 2004 PRESIDENTIAL AND PARLIAMENTARY ELECTIONS AND DECLARED THE NPP PRESIDENTIAL CANDIDATE THEN H.E.FORMER PRESIDENT OF GHANA JOHN AGYEKUM KUFUOR WINNER OF BOTH ELECTIONS WHEN THE GOOD PEOPLE OF GHANA CLEARLY VOTED FOR HIM.
THAT AS I HAVE POSTULATED TO THE ENTIRE WORLD THAT "JUSTICE SEEKS THE TRUTH AND NOTHING BUT THE TRUTH".
THAT THE LEGAL ISSUES BEFORE GHANA SUPREME COURT THAT THE COURT ADJUDICATED AND RULED ON THE MATTER AND BY MAJORITY DECISION DISMISSED THE PETITION THAT WE MUST ALL CALL "A SPADE A SPADE".
THAT IT IS ALSO A TRITE KNOWLEDGE THAT THE LEGAL RESEARCH AND INDUSTRY THAT COUNSELS/LAWYERS PUT INTO A CASE HELPED THE JUDGES WORK TO BE VERY EASY.
IN FACT, THE SAME CANNOT OR COULD NOT BE SAID WITH THE 2012 PRESIDENTIAL ELECTIONS PETITION CHALLENGED SINCE COUNSELS FOR RESPONDENTS INSTEAD OF TO RAISE "A PRELIMINAY CHALLENGE ON THE PETITION ITSELF AND OTHER LEGAL ISSUES RAISED AS FRIVOLOUS, CAPRICIOUS, VEXACIOUS AND MALICIOUS" BUT RATHER ENGAGED THE PETITIONERS ON "PINK SHEETS CLERICAL ERRORS INSTEAD OF ON POINTS OF LAW AND LEGAL BASIS".
THAT THE WHOLE MATTER WAS "A QUESTION OF LAW AND NOT PINK SHEETS".
HOWEVER, THE SUPREME COURT OF GHANA HAS NOT BEEN FULLY APPRISED WITH THE LEGAL POSITIONS SINCE COUNSELS FAILED TO MAKE THE RELEVANT LEGAL ARGUMENTS BUT JUST DWELL ON FACTS AND RATIONALITY OR RATIONAL ANALYSIS OF THE FACTS.
IT IS MY FIRM BELIEVED THAT IF THE COUNSELS FOR RESPONDENTS WERE TO RAISE THE PRELIMINARY OBJECTIONS TO THE PETITION AND MADE THE RELEVANT LEGAL ARGUMENTS SUPPORTED WITH THE RELEVANT PROVISIONS OF THE CONSTITUTION AND OTHER RELEVANT LAWS THE COURT WOULD HAVE DISMISSED THE LAWSUITS ON THE ONSET.
THAT I AM RESPECTFULLY CALLING ON ALL THE MEDIA HOUSES THAT COVERED THE PROCEEDINGS TO PRODUCE THE TAPE RECORDINGS OF THE PROCEEDINGS OF THE AMICUS CURIAE REVIEW MOTION AND THE LEGAL ARGUMENTS THAT I ADDUCED AT THE COURT AND EACH COUNSELS RESPONSE AND THE COURT RESPONSE AND THE THE COURT RULING TO HELP THE READING PUBLIC TO ASCERTAIN THE DIFFICULTIES POSED BY SOME OF THE COUNSELS RESPONSES TO THE JUDGES.
THAT DR.AFARI-GYAN IN THE FIRST PLACE DO/DID NOT HAVE FULL RESPONSIBILITY OVER TEMPORAL 2 OR 3 DAYS ELECTION OFFICIALS SINCE THEY WERE NOT PERMANENT STAFF AND THAT THE INSTRUCTIONS GIVEN TO ME WERE ACROSS THE BOARD.
THAT THE TRUTH OF THE MATTER WAS THAT THE MALPRACTICES AND OTHERS THAT THE PETITIONERS COMPLAINED ABOUT AND COMMENCED THE LAWSUITS DID NOT OCCUR IN REALITY AT THE POLLING STATIONS THEMSELVES THAT THE LEGITIMATE VOTER COULD BE BLAMED OR ACCUSED OF BUT JUST "MERE CLERICAL OR ADMINISTRATIVE ERRORS" THAT DID NOT ACTUALLY AFFECT THE FINAL OUTCOME OF THE FINAL RESULTS DECLARED THAT IT THEREFORE DEFILED COMMON SENSE THAT THOSE GENUINE AND HONEST SINCERE VOTES CAST TO BE PURPORTED TO BE ANNULED THAT THE ISSUE THEN IS "WHERE THEREFORE WILL BE JUSTICE ITSELF?".
TO PURPORT TO FIND A FINDING FOR "A MERE HYPOTHETICAL SPECULATIVE CASE WOULD HAVE REALLY CAST A SLUR ON OUR JUDICIAL SYSTEM AND WOULD EVEN AMOUNT TO "JUDICIAL SABOTAGE".

BUT THANKS TO THE MAJORITY DECISION THAT DISMISSED THE PETITION.

THAT DR.AFARI-GYAN HAS DONE NOTHING WRONG TO CAST A SLUR ON HIS REPUTATION AND INTEGRITY ESPECIALLY AS DR.BAWUMIA TOLD THE SUPREME COURT IN HIS EVIDENCE IN CHIEF AND UNDER CROSS-EXAMINATIONS THAT WHEN THEY WERE PREPARING THE PINK SHEETS TO COMMENCE THE LAWSUITS THEY ALSO MADE "MISTAKES" AND HE EVEN FURTHER STATED THAT "THEY MADE MISTAKES AS ANYBODY OR ANY PERSON CAN ALSO MAKE MISTAKES" AND THAT THE LEGAL POSITION AND LEGAL EFFECTS OF DR.BAWUMIA TESTIMONY WAS NEVER ADDRESSED IN LAW.

IT IS AT THESE RELATED BACKDROPS THAT TAKING COGNIZANCE OF THE FOLLOWING LEGAL THEORIES OR LEGAL PRINCIPLES IF THEY HAVE BEEN ADDRESSED WOULD HAVE HELPED THE COURT TO MAKE EASY DETERMINATION OF THE CASE:

(i) THE LEGAL PRINCIPLES OF EQUITY

(ii)THE LEGAL THEORY OF "MENS REA" OR THE "INTENT OF THE ELECTORAL OFFICIALS OF MAKING THE CLERICAL ERRORS".

(iii) THE LEGAL PRINCIPLE OF "HONEST MISTAKES AND ITS EFFECTS".

(iv)THE CONSTITUTIONAL AUTHORITY VESTED IN THE ELECTORAL COMMISSION UNDER CHAPTER 007 OF GHANA 1992 CONSTITUTION

(v) WHETHER OR NOT THE PURPORTED MISTAKES MADE CAN BE CURED BY THE COURT WHEN THE PETITIONERS THEMSELVES ALSO MADE THE SAME MISTAKES?

(vi)WHETHER OR NOT THE PROVISIONS UNDER CLAUSES 4,5 & 6 OF ARTICLE 57 CHAPTER 008 OF GHANA 1992 CONSTITUTION OF THE CASE OF A SITTING PRESIDENT OF GHANA WHILE IN OFFICE ACTED AS OUSTER CLAUSE(S) TO

ARTICLE 64 UNDER WHICH THE PETITIONERS BROUGHT THE PETITION THAT COUNSELS FOR RESPONDENTS FAILED WOEFULLY TO ADDRESS THE LEGAL ISSUE AND RATHER MADE A SITTING PRESIDENT OF GHANA H.E.PRESIDENT JOHN DRAMANI MAHAMA A LITIGANT.

THAT ASSUMING THAT THE PRESIDENT OF GHANA TO BE PERSONALLY ATTENDING THE SITTINGS OF THE SUPREME COURT FROM 9.00 AM TO 4.30PM EVERY SITTING(S) THAT THE FACT REMAINED THAT "WHAT KIND OF WORK WOULD THE PRESIDENT BE DOING TO UPHOLD THE TRUST AND CONFIDENCE THE GOOD PEOPLE OF GHANA REPOSED IN THE PRESIDENT TO DO THE PEOPLE'S WORK?"

WHETHER OR NOT THE COURT RECORDINGS OF THE PROCEEDINGS DENOTED THE PRESIDENT AS "ABSENT?"

WHETHER OR NOT THE PRESIDENT OF GHANA BEST INTEREST HAS BEEN PROTECTED BY HIS COUNSELS?

IN FACT, THESE ARE ALL MATTERS OF LAW AND THE LAW WAS SIDE LINED AND IN THE SAME VEIN THAT DR.AFARI-GYAN ASSERTED HIS CONSTITUTIONAL AUTHORITY AT THE COURT AND ASSERTED THAT AS CHAIRMAN OF ELECTORAL COMMISSION THAT HE HAS NO BASIS TO CHANGE THE FINAL OUTCOME OF THE RESULTS HE DULY DECLARED ON DECEMBER 9,2012 AND ALSO DULY GAZETTED, THEREFORE IF ANY PERSON OR PERSONS OR JUDGE(s) HOLD OR HELD CONTRARY TO HIS ASSERTION THEN THE PERSON OR JUDGE SHOULD PROVE IT ON POINT OF LAW OR LEGAL BASIS AND NOT MERELY RATIONALIZING MERE SPECULATIVE HYPOTHETICAL FACTS THAT NEVER OCCURRED AT THE REAL POLLING STATIONS BUT ON MERE PINK SHEETS.

IT IS THEREFORE AT THESE RELATED BACKDROPS THAT DR.AFARI-GYAN INTEGRITY CANNOT BE PURPORTED TO BE SLURRED SINCE HE IS A MAN OF PROVEN INTEGRITY AND IT IS MY FIRM BELIEVED THAT MY FRIEND "JUSTICE DOTSE" WOULD REVISIT HIS STAND AND ALSO TO HOLD CONTRARY TO HIS EARLIER HOLDING.

RESPECTFULLY SUBMITTED.

GOD BLESS GHANA AND LONG LIVE GHANA !

VERY TRULY YOURS,

BENONY TONY AMEKUDZI

INTERNATIONAL LAWYER/LEGAL CONSULTANT

.
GENERAL DeGAULE 12 years ago

Why didn't this Judge ask the EC to annul all the votes irrespective of whether the petitioners had access to the pink sheets or not? Why grant relief on a sample of pink sheets and not the entire ballots cast in the electio ...
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Why didn't this Judge ask the EC to annul all the votes irrespective of whether the petitioners had access to the pink sheets or not? Why grant relief on a sample of pink sheets and not the entire ballots cast in the elections. She is obviously blind to the principle of equity which required the petitioner not to act in bad faith.
Carl 12 years ago

Justice Rose Owusu is a sad apologist of a judge.There were two competing claims one deriving its authority from the constitution as a fundamental right and the other derived its authority from CI 75 a secondary legislation.T ...
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Justice Rose Owusu is a sad apologist of a judge.There were two competing claims one deriving its authority from the constitution as a fundamental right and the other derived its authority from CI 75 a secondary legislation.The secondary legislation imposes a duty and the constitution imposes a right which of the two do you give effect.The right or the duty.

The whole premise of justice Owusus' argument was wrong and hence her conclusions.The eminent retired jurist Justice Charles Crabbe had noted else where today when He called for a critical look at CI75 and how far it complies with the law because the constitution itself provides that “you have to be registered to vote, which means if your name is on the register, you are entitled to vote, so where does biometric come in, which became an issue.

Justice C his has availed his expertise in Uganda and Barbados where he was a constitutional expert to those governments.He was also one time the Chairman of the electoral commission and was a supreme court judge during the time of Busia so he speaks with authority.Lets pay heed to him.Justice Owusu was simply wrong in her judgement.In fact she simply got her priorities wrong.
Apatupr3 12 years ago

In this 'clandestine enterprise' to subvert the will of the majority of voters in the country! Having upheld the dubious claims of the petitioners,why did these dissenting Justices not proceed to accept the spurrious tabulati ...
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In this 'clandestine enterprise' to subvert the will of the majority of voters in the country! Having upheld the dubious claims of the petitioners,why did these dissenting Justices not proceed to accept the spurrious tabulations made by Bawumiah and company and then proceed to declare Nana Addo the winner of the Dec 2012 elections? having done everything posssible to bring this country to a standstill, was the order for re-runs not a ruse to give these sore losers yet another opportunity? Given the over-whelming margin of victory secured by Pres. Mahama in the affected areas, was this not a mere exercise in futility?
And btw,who was to supervise the conduct of these elections? The SC itself or the EC under Dr. Afari Gyan, which some of these Justices have deliberately gone out of their way, to malign and discredit?
What the KPMG audit brough to light should be a matter of more concern to these 'judicial purists'!
Obed Adore 12 years ago

I do have a huge problem with the reasoning of this Justice with regards to the signing of the sheets without which the votes ought to be annulled. Her reasoning can lead to deliberate sabbotage. As this will encourage a losi ...
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I do have a huge problem with the reasoning of this Justice with regards to the signing of the sheets without which the votes ought to be annulled. Her reasoning can lead to deliberate sabbotage. As this will encourage a losing party's representative to deliberately refuse to sign the forms just to annul the votes, which would negatively affect the wining party. To me, her literal and narrow interpratation of law as written in the constituion was totally wrong and unacceptable.
John Dek 12 years ago

My Lord Justice Owusu erred on two counts in her judgment on No Presiding Officer Signatures;
1)Justice Owusu said “the golden rule of interpretation is that words must be given their ordinary meaning unless same shall le ...
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My Lord Justice Owusu erred on two counts in her judgment on No Presiding Officer Signatures;
1)Justice Owusu said “the golden rule of interpretation is that words must be given their ordinary meaning unless same shall lead to absurdity.
In her statement as quoted above, she failed to analyse how the strict interpretation of the word “shall” used in article 49(3) leads to absurdity or not.
The constitutional provision is quoted below;
“(49(3) The presiding officer, the candidates or their representatives and, in the case of a referendum, the
parties contesting or their agents and the polling agents if any, shall then sign a declaration stating –“
The word shall is definitely applied to all those persons mentioned. Accordingly if the lack of presiding officer signature nullifies all the votes, then equally, the lack of signature of the Polling Agent must equally nullify the votes.
She does not forsee the absurdity in interpreting this provision in this manner. She will come to her senses in future when all NDC Agents in Ashanti Region or all NPP Agents in Volta Region refuse to sign the Pink sheets for any reasons best known to themselves.
The law must not be interpreted so blindly.
2)“The polling agent is not an electoral officer and the fact that he has signed the pink sheet cannot legalize that which is otherwise an illegality,” she held.
This is the second bad interpretation of the constitution. How does she arrive at the conclusion that only the Presiding Officer is an Electoral Officer? Is it because the PO is employed and paid by government? That is equally a bad interpretation. As far as the constitution is concerned, all those who are mentioned in the constitution are electoral officers but with different functions. We should note that lawyers are held as officers of the court but they are not on state payroll.
Kwame A 12 years ago

A lawyer called to the bar is referred to as Solicitor and Advocate of the Supreme Court of Ghana. That is not the case of all those mentioned in the Constitution who have something to do with the elections. It is not a quest ...
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A lawyer called to the bar is referred to as Solicitor and Advocate of the Supreme Court of Ghana. That is not the case of all those mentioned in the Constitution who have something to do with the elections. It is not a question of who pays the salary
John Dek 12 years ago

Kwame you are right but they are also referred to as Officers of the court in respect of ensuring that the business of the court is carried out in an orderly manner and that they assist the court in any manner to achieve the ...
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Kwame you are right but they are also referred to as Officers of the court in respect of ensuring that the business of the court is carried out in an orderly manner and that they assist the court in any manner to achieve the aims and purposes of the court
Apatupr3 12 years ago

Was merely mimicking what Anin Yeboah and Ansah were attempting to do! As a matter of fact, most of the questions/comments that that came from her were one-dimentional in nature that I would have been surprised if she had sid ...
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Was merely mimicking what Anin Yeboah and Ansah were attempting to do! As a matter of fact, most of the questions/comments that that came from her were one-dimentional in nature that I would have been surprised if she had sided with the majority as regards the dubious claims of over-voting,no presiding officers signatures,etc. Anybody who watched the proceedings very closely could see the difficulty someone like Jsc Baffoe Bonnie had with the so-called 'airtight' evidence the petitioners souyght to introduce in court. Who could not see that what these sore losers were attempting to do was to 'protect' NPP strongholds like Ashanti and the Eastern regions while seeking to nullify votes in NDC bastions in the country?
The other thing I find very intriguing is why these Justices who present themselves as adherents and worshippers of the literal meanings of words,did not insist on following what CI 75 enjoined the panel to do by sitting on weekends and on public holidays before Benard Monarh`s ruling came down?
This petition has shown all of us how any of our Judges have used the very laws put in place to "promote the common good" of society to advance the sefish interests of a select few!
I mean how could the sale of state lands needed by the governament to provide affordable housing for its employees,be endorsed by our highest court,with the explanation that such an acqisition,as was made by uinfluencial serving or past govt functionaries also served a "public interest"? No wonder Jake is pushing for a review so he can get his hands on the state bungalow he acquired for pittance!
OSEI KWAME-LIVERPOOL 12 years ago

Equity will not allow a constitution to be used as an instrument of fraud.It is strange to hear that all the unsigned pink sheets related to NDC strongholds. It's also stranged to hear that these came to light in the immediat ...
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Equity will not allow a constitution to be used as an instrument of fraud.It is strange to hear that all the unsigned pink sheets related to NDC strongholds. It's also stranged to hear that these came to light in the immediate aftermath of the declaration of the results.I'm really convinced that the whole saga was preplanned to import confusion in the country and Sir John might be the architect of this political wrangle.The NPPs are clever thieves and were exposed in this case.The next thing they will rely on will be to dump dead bodies in the streets to discredit the NDC.
Ghana Massai-France 12 years ago

Hon.J. Owusu, you strive to confuse us with your unintellible legal prolog.The ordinary Ghanain knew that he exercised his fundamental & inaleable right to register & vote for the presidential candidate whose manifesto suited ...
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Hon.J. Owusu, you strive to confuse us with your unintellible legal prolog.The ordinary Ghanain knew that he exercised his fundamental & inaleable right to register & vote for the presidential candidate whose manifesto suited his or her wishes. He or she do not care whether a presiding officer forgot to sign or not. Pink sheets (why not blue or red), voting without bio-verification, etc.,etc. The helly truth is that the 2012 presidential election was a sort of lab test which stood the ground, revealed errors which can be corrected,but the Sc verdict was & is truthfully true. An eventual re-run would have given a wider victory to Prez Mahama. NPP must swallow the defeat, be a positive opposition to NDC, clean up the party, help Ghana to recover & win Ghanains' sympathy.Ghana first.
Kosoko 12 years ago

The deductions made by learned Justice has difficulty on three fronts. First, law does not stand in its own right. It must always serve its intended purpose (the sprit of the constitution. Is the learned Justice saying, a MER ...
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The deductions made by learned Justice has difficulty on three fronts. First, law does not stand in its own right. It must always serve its intended purpose (the sprit of the constitution. Is the learned Justice saying, a MERE signature of a Presiding Officer is more important the vote which people go through hurdles to effect? I would like draw her attention to the old age adage: law are made for the benefit of mankind and not the other way round.

Second, Why would she punish innocent voters (whose votes have been declared valid), who did nothing wrong and then left out the public officer whose failure to discharge his duty has led her to annul votes? How is this fair in the interest of justice?

Third, If we go by the strict interpretation of the law, where did law say presiding officer's failure to pend signature should lead to an annulment of votes? If she is making a new law which is within her right, as judge, why is she applying it retroactively? Should we start from 1992 and annul all votes without presiding officers' signature?

Her reasons delineated above are excuses rather than of reasons.
BOY KOFI 12 years ago

Lawyer Phillip Addison asked the petitioners to expect another defeat because all the election petitioners in Africa failed on technical grounds.In my candid opinion,the judges have saved Ghana a lot,we can now enjoy peace.Th ...
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Lawyer Phillip Addison asked the petitioners to expect another defeat because all the election petitioners in Africa failed on technical grounds.In my candid opinion,the judges have saved Ghana a lot,we can now enjoy peace.Thank you.
steveB 12 years ago

your profession befits you, mum. may God richly bless you for refusing bountiful bribe and stick to truth, justice and upholding our constitution. you will live long.

your profession befits you, mum. may God richly bless you for refusing bountiful bribe and stick to truth, justice and upholding our constitution. you will live long.
DeSpinola 12 years ago

The Supreme Court verdict delivered by Justice Atubuga could be describe as sacrifice of true justice for Nepotism in the almighty name of PEACE.

The Supreme Court verdict delivered by Justice Atubuga could be describe as sacrifice of true justice for Nepotism in the almighty name of PEACE.
BUHARI 12 years ago

Is Mahama's presidency legitimate? It is a nagging question that would haunt his administration even when he's long gone, and would be part of his legacy.
When laws become immaterial and of no consequence, the society becom ...
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Is Mahama's presidency legitimate? It is a nagging question that would haunt his administration even when he's long gone, and would be part of his legacy.
When laws become immaterial and of no consequence, the society becomes lawless, anarchy reigns supreme, and the fight becomes that of the fittest. Posterity would judge this verdict that was given by the SC Justices, and it is the hope of Ghanaians that, they would be judged favourably.
KA AKYIRE 12 years ago

WE WILL ALWAYS REFUSED TO SIGNED WHATEVER COLOR OF SHEET IF MY PARTY LOSE AT THE VOTING AFTER COUNTING. WHERE WILL WE END? BAD LAW BAD ENTERPRETATION

WE WILL ALWAYS REFUSED TO SIGNED WHATEVER COLOR OF SHEET IF MY PARTY LOSE AT THE VOTING AFTER COUNTING. WHERE WILL WE END? BAD LAW BAD ENTERPRETATION
stupid atuguba 12 years ago

mahama corrupt and thief president shame unto you

mahama corrupt and thief president shame unto you
Wiafe 12 years ago

This what these useless judges say in order to intimidate people to collect their bribes - a la AtuguBRIBE.

This what these useless judges say in order to intimidate people to collect their bribes - a la AtuguBRIBE.
Prosper Amenuvor 12 years ago

Suprem court has confirmed that they are indeed corrupt.With this obnoxious decision the judges have degraded Suprem court to circuit court

Suprem court has confirmed that they are indeed corrupt.With this obnoxious decision the judges have degraded Suprem court to circuit court

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Constitution is Supreme, says Justice Constance Owusu

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