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Will the Supreme Court continue to proudly apply and interpret the laws to all cases as in Election 2020 Petition?

Chief Justice Kwasi Anin Yeboah Chief Justice Kwasi Anin-Yeboah

Sat, 6 Mar 2021 Source: Rockson Adofo

Honestly, I doff my cap to the Supreme Court of Ghana as under the leadership of Chief Justice Kwasi Anin-Yeboah. He is seen to be actively presiding over most important cases since he assumed the mantle of chiefship of the Supreme Court and has been discharging his duties creditably.

I am yet to detect if he could ever be influenced to lose his guard in determining further equally important cases that are either pending before his court, or will be brought to his court.

Whether he presides over them as usual or nominate other justices of the Supreme Court to preside over them is irrelevant to me at this stage. What matters most is how absolute justice will be derived from the strictest applications of the laws, case law, court procedures and best court practices as in relevancy to the cases as seen to have been demonstrated in the election 2020 petition hearing and ruling.

I have been reading and researching on what constitutes “cause or matter in chieftaincy dispute” as in Chieftaincy Act 759 and the Rules of Court as well as case law. Again, I have been reading about fraud as in falsification of documents to obtain a position or property which will otherwise not come to you without the commitment of that act of fraud.

The circumstances of the “cause or matter in chieftaincy dispute” and fraud are explicitly stated in plain words and in detail. Subsequently, one can genuinely be persuaded to believe that for example, killing another person in chieftaincy disputes does not amount to a “cause or matter of chieftaincy dispute” that no lower court other than the Supreme Court or the Committees of the Regional or National Houses of Chiefs can determine. This is purely a criminal offence, although committed in the name of chieftaincy.

Fraud in its all ugly forms and shapes as in falsification, bribery, corruption, extortion, etc., is a criminal offence as per the Ghana Criminal Code 1960 (Act 29). It is a prosecutable offence carrying sentences of a fine and or conviction of a jail term.

As the law is no respecter of persons, one is expected to see that no matter who falls foul to the law and is brought before the Supreme Court under the leadership of Chief Justice Kwasi Anin-Yeboah will be made to smell pepper by facing the full rigours of the law.

Could the Supreme Court under Chief Justice Kwasi Anin-Yeboah be ever influenced to twist justice to satisfy whomever, because of their elevated position in Ghana in whatever domain, traditional or public, when it is clearly established that they have committed an act of fraud?

All that I know is the universal acceptability of “fraud vitiating everything, including all contracts”, by our courts in all jurisdictions. Therefore, for me to ever come across the abuse and non-acceptability of this legal dictum by whomever, will not only incur my unseen bestial vituperation but the wrath of God.

Until then, I salute the Ghana Supreme Court for a job well done. Continue to apply the laws as professionally and in the path of fear of God as you have chosen.

Long live the Supreme Court.

Long live the Republic of Ghana.

Columnist: Rockson Adofo
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