Is Mahama above the law?

Wed, 14 Aug 2013 Source: Kwarteng, Amaning

If not, his bluff must be halted!

Ghanaians have gone to the polls and the outcome from the verdict as pronounced by Dr. Kwadwo Afari-Gyan, the Electoral Commissioner, on Sunday, December, 2012, time 21.25 hours (by my time piece) declared Mr. John Dramani Mahama, the flagbearer of the NDC winner as President-Elect. However, in exercise of the powers conferred on him (the Electoral Commissioner) under Article 63 (9) of the Constitution of the Republic of Ghana, this Instrument, i.e. C.I. 80 (Constitutional Instrument) is hereby made.

MR. JOHN DRAMANI MAHAMA, the National Democratic Congress Party (NDC) presidential candidate having, in the Presidential election held on the 7th day of December, 2012, pursuant to Article 63(3) of the Constitution, obtained more than fifty percent of the total number of valid votes cast at the election is hereby declared as the President of Ghana at the election of the President.

Given under my hand and seal in Accra this Monday, the 10th day of

December, 2012.

Signed: Dr. Kwadwo Afari-Gyan, Chaiman, Electoral Commission.


Very tolerant and peaceful as most Ghanaians are, including the hierarchy of the vanquished New Patriotic Party, they quickly refuted the verdict as it was glaring. This time round, they did not decide to write another stolen verdict part 2 but quickly organized a press conference as regards their displeasure with the revelations during the conduct of the elections. As empowered by the electoral laws, the party submitted its petition and other relevant supporting documents to the Supreme Court within 21 days. And as if they did not mean it and by the expiry of the elapse time, the party honoured its obligation and quietly lodged the voluminous petition with the Registrar of the SC on Thursday, December 28, 2012 just by the close of day to beat the stipulated deadline set by the constitution. Initially, the supporters of the supposedly defeated NPP did not take things lightly. And on the other hand, too, the victorious party, the NDC, who claimed to have won the crucial elections, (winning many parliamentary seats; strangely with less votes cast as opposed to their rivals, who had more votes unlike as it was in the presidential), also could not jubilate on their victory. Why? Only God knows best. They looked very hypnotized and bamboozled as if nothing was at stake. They were however compelled by many an insinuation from the other side before Johnson Asiedu Nketiah from nowhere, came out with an announcement that they should jubilate, before they could do so. What a farce! Even then, the so called jubilant mood was short-lived; all because they were conscious of what lay ahead if the SC proved their opponents victors instead. However, little did they suspect or dream about that this time, their arch-rival, the NPP, would actually take legal steps rather than taking to the streets to cause mayhem, and damage to lives and properties knowing very well that they had actually armed the police to the teeth. It is reported that some US$6m of the Ghanaian tax-payers money had been used for the purchase of dangerous arms and sophisticated weaponry to couch and bully the NPP. But thanks to the wisdom and foresightedness of their hierarchy, their ill-intention to teach their enemies/opponents a bitter lesson really back-fired. They headed for the courts instead so, that unexpected legal action embarked upon prompted majority of them to be circumspect and rather wait for the outcome of the court verdict before if there was any national celebration they would collectively have cause to involve themselves.


As at 12.30 hours on Wednesday, August 07, 2013, the fourth counsel for the day’s addresses, Philip Addison, Counsel for the NPP or he Petitioners, came to a close. Earlier on, Counsels Tony Lithur, Quashie-Idun and Tsatsu Tsikata respectively for the president, the Electoral Commission and the NDC had taken their turns to address. As already indicated, the whole world would be the better judge as was equally watched by all Ghanaians. The author needs not emphasize and over-emphasize to deduce the quality of the various addresses. We leave the outcome to the honourable justices. Soon after the court ruled that Wednesday, August 14, 2013 would be the date the SC would meet all the litigants and their counsel for few questions and to thrash out a couple of unclear evidence and to finally fix a date for the special onslaught i.e. the D-day for the verdict of the Centenary and probably the first of its kind in the sub-region. A case in point was when the Rt.Hon. Begyina Sekyi Hughes, was reported to have ‘bolted’ away with some furnishings and other freebies from his bungalow at the exit of the Kufuor Administration. He could have gone away with it if he had not been challenged to bring such untoward action to light and probably put his integrity to the fore. This is exactly what has happened. If the NPP had not legally challenged the authenticity of the controversial elections in the law courts, the NDC could have easily run away with that infamous verdict and to be ‘chopping’ Ghana small.


Even though the president of the Supreme Court has officially ruled out and drawn a line that has to be respected by all and sundry. But contrary to that definite instruction from the Court, Mr. Mahama seems to be contradicting himself almost all the time. He is recently being quoted as saying at Akuapem Mamfe at a church session that he knows that the case would go in his favour. Not only that, the series of internal squabbles that are ongoing are enough testamentary evidence that Mr. Mahama was on the verge of going and gradually bowing out of office. Stephen Atubiga, a devout NDC supporter who is eyeing for the Binduri parliamentary seat in 2016 boldly came on air to flout the court’s order and was later pardoned but not entirely granted his peace. He was later jailed for 3 days to serve the term at the Nsawam Medium Security Prison. What defence mechanism can Mr. Mahama extricate himself from Stephen’s irresponsible, reckless, unguarded and childish statement if he never had his backing as his mentor? He thought that the 9-member panel of eminent judges could not in fact decide the destiny and fate of all Ghanaians; and that culminated in his cooling off at Nsawam. Could Mr. Mahama be speaking the truth or lying between his teeth for the recent sermons in churches/mosques that he would accept the verdict of the court ruling? Again, the several controversies surrounding the appointment/nominations of his appointees clearly point to the fact because he, the ‘Omanhene’ himself was suspected to be on his way out of office, hence the hulabaloo from within his own party. Does he really have advisors? The irritating statements from Kakra Essamuah to the point that should Nana Akufo Addo of the NPP be declared victor by the court, he personally would support a coup d’etat to topple him. Why the total silence from the security agencies and do we have an efficient police who have sharp ears to the ground? Have they, this time round, become deaf and dumb and have been reduced to Egyptian mummies of old? The most outrageous and very uncontrollable, childish, insane, and very incriminating of all was this Owula Mangotey’s imbecile radio interview/programme granted him last Saturday (August 3) on the ‘Alhaji and Alhaji’ radio programme on Radio Gold. His effusions were akin to the evil-possessed man in the Bible when he met Jesus and needed instant cleansing. Has he been cleansed now? Was he in the right frame of mind at all, or was impregnated with infantile arrogance or had been diagnosed as having been intoxicated with little sniff of ‘coke’? Ghanaians should be reminded of the days of King Nebuchadnezzar of Babylon now modern day Iraq and how his arrogance and stiff-necked posture towards the chosen people of Jehovah God sent him to the bush for 7 solid years for change of heart and reformation and to also feed on grass like an animal. Owula should come again as some of us would be prepared to meet him squarely no matter the stagecraft whether at the Ghanaian version of the Roman Amphitheatre for gladiators or wherever. We are tired of such nonsensical sentiments and emotions! Ghana needs peace to be able to move forward despite the creation, looting and sharing of the national cake that has gone to the dogs (at the expense of most NDC foot-soldiers).

This query has been prompted because, since the days of Ghana’s independence, no leader of this country has ever been so possessed as to the number of promises than him. ‘My government will do this, my government will do that’. Haaba! Please take notice of these: since his coronation on January 7, 2013, there have been promises galore! One wonders whether the following multi-million projects or infrastructure could even be absorbed by the US government –

a) The relocation of the Kotoka International Airport to Prampram to decongest Accra of vehicular traffic.

b) The revamping the SADA project to equally afford our brothers/sisters from the North and to prevent their southbound drift to secure menial jobs and non-existent white collar employment.

c) One of the recent promises was the construction of the multi-million dollar National Theatre Annex in Kumasi (probably to induce/entice the Ashantis) into voting for the NDC in future elections and/or change the voting pattern that is too late.

d) The construction of 200 community senior high schools in as many as 200 districts of Ghana has been on his mind but Ghanaians say, “Massa, its too late! Forget!

e) The completion of the affordable housing project that has been left to its fate since the exit of the Kufuor Administration. ‘Se wo annya biribi ama w’ase a, wo gyae bo no kronoo’? If you intentionally default to graciously offer a seasonal gift to your mother-in-law, do you turn round to rob her? Your inability to finish off the thousands of affordable housing projects by the Kufuor Administration is very glaring for all to see yet, you turn round for your deputy minister, Sampson Ahi, to showcase with a foreigner to tell Ghanaians that your NDC was in fact, trying to put up the very modest houses for all including the ‘displeased’ security agencies. Now that all the confidence reposed in you has naturally eroded, trust me, you no longer have trust again.

f) Was it last week ending August 3, 2013, that GTV showed on our screens the newly and probably the most beautiful/flamboyant flyover that cannot even be matched by the Plateau District of Abidjan? Mr. Mahama, why all these showmanship projects? After all, while you had the whole realm of Ghana to yourself under the late president, Mills, you could not do anything with your ambit to perform. Relax please. Now that predictably, one leg was out of the vessel, why do you attempt to worry Ghanaians with your plans to beautify Ghana and create more jobs for the boys/girls whose hopes have been dashed?

g) Somewhere in this write up, the author has queried as to whether the president has advisors. I dare say so because, if the honourable Court presided over by His Eminence Justice William Atuguba has drawn a line not to be crossed over even by the president because he was not above the laws of Ghana, and not quite a month passed, he arrogantly and positively and defiantly says at a durbar that the SC should quickly finish off the Mother of all Cases to determine the winner so as to enable him sit himself down to tackle the serious business of ‘handling’ the economy which he himself has for the past 5 years mismanaged. Did he not have all plenary powers to make and unmake Ghana? Has he not seen to its reckless mismanagement and collapse? Why do you suddenly make a U-turn and say the economy has become an albatross on your neck and needed time off to be able to streamline things? Can the discerning Ghanaians continue to take such a personality really serious? Mr. Mahama, if you don’t know, it is a complete affront and serious indictment on your personality. If this statement had come from a JHS pupil, may be, hopefully, the Court would have entertained such a person but this grievous statement coming from you at this crucial time, was not the best. Why do you want to intimidate the Judiciary and put them to test? Why this complete dichotomy? For the president to flout the court’s order was very irresponsible, contradictory and untoward. Please come again, Mr. President unless once you are a stubborn Gonja cat, you will always be a Gonja cat where shyness has crossed with you.

HUMOUR - The Police Administration should revisit the birthdates of DCOP Atengane of the Tema Regional Command, DCOP John Kudalor in charge of Operations at the headquarters, DCOP Patrick Timbilla, Greater Accra police commander, DCOP Rose Bio Atenga, director of Administration, DSP Yakubu (in charge of Armoured Squadron). Can Anas Aremeyaw Anas do me this little favour? They look over-aged – 60 years plus 1 day - and the last of all, the big man himself – Mohammed Ahmed Alhassan, the I.G.P. and whether none of them was older than 60 years as stipulated by the civil/public service statutory retiring age. Nobody should tell me their contracts have been renewed? Couldn’t the police secure youthful personnel to take over with the same expertise? After all, is Mr. Mahama above the laws of Ghana? He came to meet Ghana. If he is not above the laws, he must be halted in his tracks now or never before it is too late! As for Dr. Afari-Gyan, the minimum jail sentence that would appeal to, and appease most Ghanaians should be 10 years for causing fear and panic and nearly plunged Ghana into civil war and to be transferred from prison to prison like Ken ‘Saro Wiwa’ Kuranchie of the ‘Daily Searchlight’ fame. Koku, what was going through your mind during the funeral anniversary of your god-father?

ADMONITION – The NPP fraternity should stop their irrational emotions and allow the SC to do the right thing to jail Lawyer Kwadwo Owusu Afriyie for say 10 days if really he erred after the line had been drawn so that in kthe end when the ruling goes in our favour, ‘Sir John’ becomes a HERO and Tweneboa Kodua for the party. I rest my case. PLEASE DON’T BLAME ME FOR BEING AN ‘ANTI’.

By: amaningkwarteng1@gmail.com

Columnist: Kwarteng, Amaning