NPP’s Petition, A “Salvation Move” for Ghana?

Approximately eight months ago, Petitioners Nana Akufo Addo ( NPP’s Flagbearer of Ghana’s election 2012), his would be Vice Dr. Mahamadu Bawumia, and Jake Obetsebi Lamptey, brought a Petition against the then President elect John Mahama and Ghana’s Electoral Commission disputing the results of Election of 2012. Without going into details about the contents of the petition or its pleadings, this article will comment on the need for aggrieved persons to settle their disputes in Court, following the rule of law, instead of endangering society through use of other untoward means. For this reason, one must give much credence to Nana Akufo Addo and NPP for having the foresight to litigate their grievances in court instead of the untoward developments following election 2012.

Immediately following the election results which declared John Mahama President elect, the atmosphere in Ghana shifted drastically as NPPers took to a very radical tone in their pronouncements, and eventual demonstrations. We saw ruthless intimidation of the populace with impunity, vandalism and destruction of property never before witnessed in Ghana, including the senseless murder a Cab Driver for displaying NDC party paraphernalia. There was terror in the streets of Accra and Kumasi as the days marched on. Ghanaian airwaves and market places had become a place of ethnocentric diatribe never before witnessed; not even the aftermath of election 2008 produced such fear and apprehension. Thus, for Nana Addo to elect to litigate his grievances in court instead of his supporters seeking “street justice” should be seen in the eyes of reasonable persons as a “salvation move” for Ghana. Whether one believes the petition was genuine or bogus, or that the claims were valid or concocted, the ensuing months which were used to litigate the said petition in the Ghanaian media, achieved much more than just NPP having their day in court. During those months, one has to believe that the court room drama playing out in the media, allowed every interested party to hear and adjudge the facts and evidence for him or herself, hence quenching any unresolved anger that may have been boiling on both sides of the political divide. For the NPP, it meant a second chance to possibly secure what some have termed a “back door” presidency for their near Septuagenarian. For the NDC, it meant there were no further provocative incidents on the streets which could have led to deadly confrontations on both sides, possibly igniting violence in Ghana. Ofcourse an affirmation of what was believed to be Ghana’s most free and fair election to date is no less important.

At the onset of the petition hearing, some, particularly those sympathetic to the NDC victory or cause, urged the Supreme Court to dismiss the petition, once the facts began unraveling in open court and the media. Today, and in hindsight, as we do post analysis of all that had occurred, I hope that Ghanaians would be thankful that the Judges of the Supreme did not dismiss the petition at the onset. I would like to term that as “salvation move”, for the sake of Ghana’s unity and stability. Imagine what would have happen if the Supreme Court judges had dismissed the Petitioners case without hearing all the facts and presumably reviewing all the evidence? Firstly, it would have dealt a big blow to the cause of deepening democracy because of the precedential and historic nature of the case itself. Afterall, this was the first time that any such petition had been lodged in any court of Ghana’s jurisdiction challenging the legitimacy of an elected president in all of Ghana’s 4 Republic dispensations. Hence, the Supreme Court would have committed a grave injustice by not allowing the case to proceed to its fullest end. Secondly, the time that the Court allowed for all the evidence to be argued and heard, presumably served to have quenched the hostile environment which was festering in Ghana after the verdict of election 2012. Thirdly, the court and media drama have served as a worldwide education for all to learn about Ghana’s Judiciary system and see it at work. More importantly, it has been an education of the Ghanaian populace, particularly the youths to have been afforded a deeper understanding of the institutions of their Electoral Commission, the electoral system, the Judiciary System (the role of Judges and lawyers), Ghana’s Constitution, and Governance at large. Wow, what better Civics lesson could have surpassed the airing of this case in the public domain for all to see, hear and draw their own conclusions? Therefore, when all was said and done, reasonable persons had drawn a reasonable person’s conclusion on their own, so much so that by the time the verdict was officially announced by the Supreme Court Judges, Ghanaians just merely “exhaled” and returned back to business as usual without any negative incident occurring at all. OMG, SIMPLY AMAZING! I also heard commentaries in the media to the effect that as a result of the petition case being aired publicly, Ghanaian parents are urging their youths to go into law or legal studies, as there has been renewed admiration for lawyers and Judges in Ghana. I hope this is truly the case! For this, once again, NPP deserves much credit!

Who then is the winner after all this litigation? Particularly, who wins, when members of society, specifically politicians, speak and walk the ways of rule of law, as seen in this case? Firstly, Ghana wins! Allowing the courts to settle the impasse and abiding by the verdict goes a long way to restore faith in Ghana’s Judiciary system and also help deepen the meaning and the system of evolving democracy in Ghana. Secondly, Ghanaians win because Ghana remains intact and united, even if there are rifts to be repaired! The populace continues with business as usual and enjoys all that democracy affords them today and in the future. Thirdly, the Youths win, as they gain more confidence in their system of governance under which they live and are governed. Furthermore, more youths are now excited about pursuing law and hopefully not just for financial gain and prestige, but to become a catalyst in improving a somewhat distrusted and broken system and to restore glory to the legal profession and the Judiciary in Ghana. For Ghana to continue on course building a just and fair system for the protection of freedoms for all, the Judiciary must be seen as a branch that works, even at all cost. The Judiciary must be the means through which democracy is preserved; and if what the Supreme Court Justices have accomplished in these last 8 months is any indication, then Ghanaians must “keep hope alive”, because Ghana is on the right path and will surely get there!

As a Diaporan viewing and analyzing events from a far away, all that I have witnessed since the death of President Mills, the swearing in of then Vice John Mahama in accordance with the Constitution of Ghana’s Fourth Republic, to election 2012, and now post-verdict of election 2012 in 2013; I hope that all of us both in Ghana and abroad, will have confidence that the land of our births or of our forefathers is well on course to the promise land! To this and in all things, May God the Father, the Son, and the Holy Spirit be glorified! AMEN!